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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 ... from the ninth year of the reign of King Henry, the Second, A.D. 1163, to ... [George IV, A.D. 1820]"

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C  OBBETT'S 


COMP  LETE   COLLECTION 


or 


State   Trials. 


VOL.  vin. 


f 


i-    :/ 


I    • 


COBBETT'S 

C  O  M  P  L E  T?  E    e^  L  L  E  C  T I  O  N 

•  -    ••••-       ••    * 


A   K  .  *     K  ^  V 


•       •  •     • 
» -      «       ' 


•       ••«••      •  ••      • 


•  .    •     • 


•  •    • 


OF 


State  Trials 


AND 

PROCEEDINGS   FOR  HIGH  TREASON  AND  OTHER 

CRIMES  AND  MISDEMEANORS 

FROM  THB 

L\RLIEST  PERIOD  TO  THE  PRESENT  TIME. 


VOL.    VIII. 

COMPRISING    THE    PERIOD 


FBOM    THE     THIRTY-SECOND    YEAR    OF    THE    REIGN    OF 
KIXG    CHARLES    THE    SECOND,    A.  D.    I68O,    TO    THE 
THIRTY-FOURTH    YEAR    OF    THE    SAID    REIGN, 

A.  D.    1682. 


LONDON: 

PB11CTED  BY  T.  C.  HANSARD^   rSTERBOROUGH-COURT,   Fl.fiET-STRBET. 

piLUHBD  BT  Ro  BAOSHAW,  BRYIIOB8-STRBET9  eOVBNT-OARDEN  ;  AND  SOLD 
I  IT  J.  BUDD,  PALIcMALL;  J.  FAULDER,  NEW-BOND-STREET;  SHERWOOD, 
iBULT  AMD  JONE89  FATBR-N08TER-E0W  ;    BLACK,   PARRY   AND  KINGSBURY, 

UDENUALL-STRBBT;  bell  and  BRADFUTE,  EDINBURGH;   AND  J.  ARCHER, 

rBLlN. 

1810. 


•  ■   • 


.   '  •      • 


HI"!     ' 


1  .'^H.Sf  >f; 


«i.i 


I  • 


V  . 


.•riif»     • 


TABLE   OF   CONTENTS 


T* 


VOLUME  Vllt 


STATE  TRIALS  IN  THE  REIGN  OF 
KING  CHARLES  THE  SECOND. 


*  * 


Pagt 
Proceed! NOS  tgainst  Kicharb  Tsompson*  Clerk,  for  a  High  Misde- 
mcanor  agaiott  ihe  Prifikge  of  Paiikment,  a.  d.  1680  ;N.]»..^ L 

tf75.    Caae  of  Jamei  SmiiE^  for  treasonable  Opinioiis  and  DecJarations,  a»  ». 

IMO  [N.] i « 12» 

W*^.    Case  of  Jotm  Nivin,  Ctt»tiiti  of  the  SIlip  t^eftulie  of  Loildoti,  for  LMftiug- 

makiag  against  James  Duke  of  Albany  and  York^  a.  d.   1680  [N.},..     4i0 

175.  Proceedings  in  PariiaiMnt  agaim  S^waaft  ttsTttotiR,  esq.  a  Mettber  of 
the  Honse  of  Commons  and  Treasurer  of  the  Navy*  upon  an  Impeach- 
oMnt  of  High  Crimes^  Misdemeanors^  and  OfTences,  a,  o.  I(y60 187 

Mtii.  Proceedings  againu  Lord  Chief  Justice  Scaooos  before  the  Priry  Covn- 
cil ;  and  against  the  said  Lord  Chief  Justice  and  other  Judges  in  Par- 
Gament,  a.  d.  16M • •• ,,..     it% 

177.    PhKeediags  ia  P^Uameni  against  Edwabd  FiT»iABais»  upon  an  Im- 

poM  iiwf la  for  High  Treason,  a.  d.  Ii08i «..«...oti.« SSI 

Proceedings  agninit  Edwabo  FitsSAmaia  in  ihe  King^s-Bcncfa,  opwi 
hie  Arraignment  and  Plea  to  an  IndictmtBt  for  High  IVmson, 
A.B.10SI1 •••••• Ml 


TABLE  OF  CONTENTS. 

Page 
A  Naekatitb,  being  a  true  Relatioii  of  what  Discoarse  passed  be- 
tween Br.  Hawkins  and  Ebward  FinHARRis,  esq.  late  Prisoner 
in  the  Tower ;  with  the  Manner  of  taking  his  Confession  [N.]      500 

Truth  Vindicated  :  or  a  Detection  of  the  Aspersions  and  Scandals 
cast  upon  Sir  Itobert  Clayton  and  Sir  Gearg^  Treby,  Justices : 
and  Sliiigsby  Bethell  and  Henry  Cornish^  esqrs.  Sheriffs  of  *  the 
City  of  London^  in  a  Paper  published  in  the  name  of  Dr.  Francis 
Hawkins,  Minister  of  the  Tower»  intituled  '  The  Confession  of 
«  Edward  Fitaharris/esq.'  fcc  [N.] 411 

Remarks  on  Fitsharris's  Trial,  by  Sir  John  Hawles,  Solicitor  Ge- 
neral to  King  William  the  Third  426 

S7S.    The  Trial  of  Dr.  Olitsr  Plunket,  Titular  Primate  of  Ireland,  at  the 

I^ng's-Bench,  for  High  Treason,  a.d.  1681 ; 447 

in9.    The  Trial  of  Sir  Miles  Stapleton^  bart.  at  York  Assizes,  for  High  Trea- 
son, A«D.  1081    ....'. • 508 


iBO.    The  Trial  of  George  Birssr,  isit  Derby  Assfaes,  for  High  Tireason,  being 

a  Romish  Priesty  a.o.  1681,  •f«* • 526 

981.    The  Trial  of  Stefhen  Coixippx,  at  Pzfoni«.for  High  Treason,  a.  d. 

1681     550 

Remarks  on  Colledob's  Trial,  by  Sir  John  Hawlbs,  S61icit6r- 
General  in  the  Reign  of  King  William  the  Third    723 

2ifi,  The  Trial  of  Slingsby  Bethel,  esq.  at  the  Bridge-House  in  Southwark, 
for  an  Assault  and  Battery  on  Robert  Mason,  at  the  Election  of  Mem- 
bers of  Parliament  for  the  Porongh  of  Southwark,  A.  o.  1681    747 

9B3.  Proceedings  at  the  Old  Bailey,  upon  a  Bill  of  Indictment  for  High  Trea- 
son, against  Anthony  Earl  of  Shaftesbury,  a.  d.  1681     .>•    759 

Remarks  on  the  Earl  of  Shaftesbury's  Grand  Jury.     By  Sir  John 
Hawlbs,  Solicitor  General  in  the  Reign  of  William  HI 835 

284.    The  Trial  of  the  Earl  of  Argylb,  in  Scotland,  for  Treason,  a.  d.  i68  1 84S 

255.  Proceedings  before  the  King  in  Council,  against  Arthur  Earl  of  Ancle- 
SEY,  Lord  Privy  Seal,  upon  account  of  a  Book  reflecting  on  the  Con- 
duct of  James  Dake  of  Ormond,  Lord  Lieutenant  of  Ireland,  a.  d. 

1682  [N.] , 990 

2^0.    Proceedings  against  Tbmpbrancb  Lloyd,  Mary  Trbmblbs,  and  Susanna 

BawARDs,  for  WitcfacnA;  a.d:  1682  |,N.] ..••...;•.... 1018 


%  ■  •  ♦ 


«-. 


TABUB  OF  C0NTEN1& 

3B7.  Proceeding!  between  the  Kino  and  the  Citt  or  Loin>oii«  on  en  Informa- 
tion in  nature  of  a  Quo  Warramto,  in  the  King's  Bench,  a.  n. 
1681 — 168S 1039 


M.  The  IVial  of  Nathaniel  Thompson^  William  Pain,  and  John  Farwbll, 
at  the  Guildhall  of  London,  for  writing,  printing,  and  publishing 
Letters,  importing  that  Sir  Edmundbury  Godfrey  murdered  himself; 
as  also  for  sereral  Falsities  relating  to  the  said  Matter  printed  in  seve- 
ral Papers,  called  **  The  Loyal  Protestant  Intelligence,''  a.  d.  1682  •••  I3M 


COBBETTS 


,  •.     IV' 


COBBETT'S 

COMPLETE    COLLECTION 


OF 


State   Trials. 


272.  Proceedings  against  Richard  Thompson,*  Clerk,  for  a 
High  Misdemeanor  against  the  Privilege  of  Parliament : 
32  Charles  11.  a.  d.  1680. 


HoisE  or  CoMMom,  November  9, 1680. 

Ordered,  That  RkhardThompson,tclei^ 
he  irot  Ibr  ia  custody  of  the  serfeaot  at  anns 
MfeD^Bg  this  UouWy  to  answer  at  the  bar  of 
Ab  Hooise,  for  his  high  Misdemeanor  against 
ik  hivQege  of  this  Honse.t 

*  *  I  appoint  Frsncts  Smith,  and  Bemamin 

*  &nw,  to  print  this  Report  and  Resomtion, 

*  pnacd  by  me,  according  to  the  Order  of  the 

*  msK  ot' Commons :  Aad  that  no  other  per- 

*  «ft  presome  to  print  the  same,  December  24, 
'  too.  W.  WiLUAMs,  Spttker.* 

tOUoiixon  calls  this  Thompson  a  "  noisy, 
halEfl!.  ienorant  priest,"  and  adds,  **  I  talce 
ikanv  lILerty  wiUi  him  because  I  Imew  him." 
binean  that  the  king  soon  after  these  pro- 
(Mm^s^  made  him  dean  of  Bristol. 

1 1  ha«e  not  foand  In  the  Journals  any  ear- 
Ker  fDtn'  concerning  this  matter  of  Richard 
Thmpsun,  nor  does  it  appear  so  distinctly  as 
■i^k  be  vrisbcd  in  what  resjiects  his  **  high 
•rtnneanur"  was  "  against  the  privilege  of 
Ac  HoQiie.'* 

h  if  obs^nrable  that  Mr.  Justice  Blackstone, 
■, ipcaking  of  Privilege  of  Pariiament,  seems  to 
SKdK  term  in  its  more  confined  sense,  of  an 
■Boarty  or  exemption  from  such  direct  inter- 
i^faoQM  and  niokirtations,  as  obstruct  the  ezer- 
Ms  ol'  iha  functions  ot*  nariiament,  and  from 
I  Ai  labUny  to  hare  their  medom  of  speech  and 
tasa  aoiil  prrKMsedings  in  parliament  impeach- 
^jlw^iKsbdoed  in  any  coutt  or  ulace  out  of  par- 
He  docH  inuped  say,  tnat  to  assault  by 
I  member  of  either  House  or  his  me- 
raut  is  a  hicj^  contempt  of  pariiament, 
Mtti-nr  punished  with  the  utmost  severity : 
[MviUi  this  exception,  he  seems  to  contem- 
afl  tlieir  pririWgcs,and  especially  when  he 
b  d'lhetr  indefiniteness,  (bee  the  note  to  tlie 
ttl>ihiriey  aod  Fag^g*  anfff,  toI.  6,  p.  1  If  1.) 

VttL  VIII, 


December  8. 

A  Petition  of  Richard  Thompson,  clerk,  in 
custody  of  the  setjeant  at  arms,  havinff  been 
read,  it  vras  ordered,  That  the  consi&ntion 
thereof,  as  also  of  the  matter  oi*  the  complaint 

as  possessed  by  them  almost  exdusivdy  for  the 
purpose  of  protection  from  attacks  of  preroga- 
tire.  And  of  such  privileges  it  may  he  tndy 
said,  in  the  words  of  the  i^monstrance  and  Pe- 
tition presented  to  Charies  the  First  by  both 
Houses  on  Dec.  17th,  1641,  (Sec  1  Clarendo:i's 
Hist  of  the  Rebellion,  S28.  8vo  ed.  2  Cobb. 
Pari.  Hist  978.)  that  <'  they  are  the  Urth-right 
and  inheritance  not  only  of  the  two  Houses  of 
parliament  but  of  the  >vho1e  kin^om,  wherein 
erery  one  of  the  king's  subjects  is  intcrei^ed  ;** 
but  it  is  by  no  means  clear  that  this  mrvy  witli 
equal  truth  be  said  of  an  uncontmll^^l  discre- 
tionary power  in  each  House  of  parliament  to 
imprison  for  whatever  such  House  of  ^liament 
shall  adjudge  to  be  a  contempt  towards  itself: 
more  particulariy  if  a  like  uncoiuroUed  discre- 
tionary power  in  courts  is  to  be  supported  bj 
analogy  to  this. 

Upon  the  whole  matter  it  may,  perhaps,  ba 
safely  said  that  whatever  be  the  extent  ot  par- 
liamentary privileges,  every  patriotic  member 
of  parliament  will  concur  in  the  sentiment  ex- 
pressed by  the  learned  and  upright  sir  Robert 
Atkyns  in  the  Case  of  lord  Clarendon.  (SkmwiA^ 
6  of  this  ColU.H:tion,  p.  355).  "  Though  privi' 
lege  is  much  spoken  of,  I  snail  never  faS  fond  of 
any  privilege  which  shall  intrench  upon  my  li- 
berty as  a  subject :"  and  that  every  wise  House 
of  Commons,  knowing  that  confidence  and  af- 
fection between  them  and  the  body  of  the  peo- 
ple is  the  great  foundation  of  their  dignity  and 
importance  in  the  state,  will  be  very  abstemious 
in  the  oxercise  of  any  power  by  ^*  hich  tliat  oon- 
fidenc*e  and  aficctioii  is  liable  to  be  diminished  or 
impaired. 

B 


3]  STATE  TRIALS,  32  Charles  II.  l680. 

for  \vhicli  he  stooil  coniinilteil,  shoulil  hv  rofi-ired  ^ 
to  a  coiuniitlf-c  to  examine  tiu'  niattcT  tlion'ot', 
antl  to  nport  the  same,  vith  their  o|)iiiUMiii 
therein,  to  ihe  House. 

Vtctnihtr  2S. 

Coloml  Birch  reports  (Vom  thi^  rommitlee  to 
whom  the  e\amiiKition  oi'ih<'  eoinpluint  o^iiist  i 
Hielianl  Thompson,  elerk,  was  reierred,  Tliat 
the  eoiiiiiiitt("<.'  havin;;^  taken  ihe  same  into  iheir  ; 
ronsiikration,  had  directed  hiin  to  make  a  sjie-  ! 
ciai  Report  thereof  to  the  H(»iise:    \«hirh  he 
read  in  hiN  plaee,  and  ahen^ards  deKvercd  the  ! 
samo  in  at  the  elerk*s  table.  ' 

Onlered,  That  the  said  Ke(K)rt  be  read  at  the 
table  to-morrow  moniiu!;. 

December  24. 

The  Report  fi(»m  the  Comniittee  of  the  Com- 
mons in  Parliament,  appointed  to  consider 
the  Petition  «»f  Itichanl  Thomitson,  atul  to 
evamine  the  matter  of  the  Complaint 
ag;aiiist  him. 

Tn  the  iirst  pluer,  the  committee  read  inito 
the  said  Tlioinp.si;n,  the  heads  of  the  comolaints 
against  him ;  which  (for  the  most  part)  he  de- 
nying, desired  to  have  hi^i  accnsei*s  brought 
tdce  to  face:  wheitnipoii  the  committee  pro- 
ceeded totlie  examination  of  witnesses,  to  prove 
the  said  complaint. 

The  first  ^Vitness  examined,  saith,  Tliat 
there  being  a  gix'ut  noise  aiui  rumour,  that  Mr. 
Tliompsonnacf  preparctl  a  Kernion  to  be  preach- 
ed on  the  .30th  of  January,  1679,  the  said 
witness  went  to  tiie  saiil  sermon,  antl  did  hear 
Mr.  Thompson  publicly  declare,  that  the  Pres- 
Nyteriaus  weru  suc:h  persfins,  as  the  very  devil 
bhiflheil  :it  them  ;  and  that  tlie  rillaiii  Hamp- 
den gi*nd;^l,  and  maile  it  more  scruple  of  c(Mi- 
9ci«)nre,  to  vfive  twenty  shillings  to  the  king,  for 
supplying  his  neressities  by  Ship-money  and 
Loan,  whit  h  was  his  right  by  law,  than  to  raise 
rebeliivn  u'^aiiist  him.  Aitd  that  the  Presb^'te- 
riansure  \for>-e  (aiwl  fur  more  iutohruble)  than 
€i'iher  pdesls  or  Jesuits. 

The  second  saitli,  That  hearing  a  fcveai  talk 
and  noise  spriad  nf  a  sermon  to  be  preachiHl  by 
Mr.  Thomp.^in,  on  the  ."Oth  of  January,  1670  ; 
be  was  niiml<*d  io  hiartlu^  same,  and  aeeoiding- 
ly  did  ;  atMhich  he  urit  some  notes:  amongst 
which,  he  siiith,  that  iMr.  Thompson  openly 
preached,  that  the  dcy  il  blushed  at  the  i*reAhy- 
terians ;  and  that  thg  villain  Hampden  grudge«l 
more  to  give  the  king  tw4Mity  shillings,  which 
was  his  just  thie  by  la\t  (Ship-moiuy  and  I^an), 
tlian  to  i;^si^  CL'lK!lii(in  against  hiin  ;  and  tiiat  u 
Presbytenan  brother,  </w<«  /«/«,  was  as  gK.-jit  a 
traitor  by  the  statute,  as  any  priec»t  or  Jesuit 
wlwil-socCer,  That  he  lunir<l,*that  Mr.  Thomp- 
son  said,  t!iut  ho  luiped  the  Pria>byterians  would 

In  sir  Edwin  Sandys's  Case,  Mr.  Chanct'llor 
of  the  Dutchy  wisely  observed,  *  It  is  an  easier 
'  matter  to  raise  an*  inflammation  by  tlie  spe- 
*  cious  title  of  privib^'S  than  to  allay  it  ogam.' 
See  Proceedings  ami  Debates  of  tlie  House  of 
ConuuoDs  ia  1620,  and  1621,  vol.  S,  p.  259. 


.'^Proceedings against  R.ThompsOH'^  [ 

be  pulletl  out  of  their  houses,  and  the  gaols  filh 
>vitn  them  :  and  wishuil  their  house's  burnt. 

The  third  snith,  lliat  he  was  citetl  to  tl 
BishfipN  (.'ouil,  to  riHvife  the  Stu'inment  la 
Easter  ;  but  being  out  of  ti>un  at  that  time,  d 
ntceive  it  at  a  place  caHe<l  Purl  in  ^\'ilt5hirc 
and  that  a  month  ai^er  he  came  htmie,  wi 
again  cited  to  the  said  Court,  and  lie  did  accon 
iiigly  appear,  ai:d  told  the  Court,  that  he  hopi 
his  absence  and  biisini>ss  might  Ite  accepted  fi 
a  lawful  excuse  ;  upon  \\hich  Mr.  Tliompsi 
innnediatcly  said,  that  they  would  pi-oceed 
exconmiunicate  hhn.  Ujpon  which,  this  ii 
formant  produced  his  certificate,  of  which  tl 
Chancellor  approveil,  and  said  it  was  lawfi 
Hei-eupon  Mr.  Thom^ison  said,  that  his  recei' 
ing  the  fekicrament  from  any  otlier  ministc 
than  tbe  mini.ster  of  the  parish  wherein  1 
dweUed,  w\\%  damnation  to  his  soul ;  and  th 
he  would  maintain  this  doctrine. 

The  ibiutli  saith,  That  being  at  Brisl 
fair  he  heard  a  great  talk  and  noise  of 
Hatire -sermon  pi-epared,  and  designcil  to  1 

{ireached  by  Mr.  Thompson  against  the  Pre 
i^ierians,  on  the  SOth  of  January,  1679  ;  ai 
tfiat  very  many  resnrtetl  to  hear  bim :  in  wkii 
sennou  the  said  Mr.  Thom|Nion  declared  ai 
said,  that  there  \«'a.s  a  great  talk  of  a  pk>t :  b 
(says  he)  a  Pi\!sbvterian  is  tlie  man ;  and  iv 
ther  added,  that  tfie  villain  Hampden  scrupli 
to  give  the  king  20j(.  upon  Ship-money  ai 
Loan,  which  was  due  by  law,  l»ut  did  not  scai 
pie  to  raise  rebellion  against  him. 

The  fifth  saith.  That  Mr.  Thompson,  ia 
sermon  preached  tlie  SOth   of  January,  167 
did  say,  Uiat  the  presbyteriaus  did  seem  to  M 
vie  Mariana,  and  that  Cah  in  was  the  flnl  Ihi 
preai>hed  the  king- killing  doctrine ;  and  A 
afU'r  he  had  quoted  Calvin  oiten,  said,  if  this  I 
true  then,  a  Presbyterian  bnrthcr,  qua  taliiy 
as  great  a  traitor  as  any  ]n*iest  or  Jesuit :  ai 
that  then  he  condemned  all  the  in'occedings 
[Hirliament. 

The  sixth  saith,  Tliat  he  the  said  Mr.  ThoiH 
son,  had  utteivil  many  scandalous  wordu  co 
corning  the  act  tor  burning  in  woollen  ;  aflSif 
ing,  that  the?  makers  of  that  law  ^u-re  a  c«i 
pany  of  old  foi»ls  and  fanatics,  aiul  tliat  1 
w<iuld  bring  a  school-btty  should  make  a  beM 
ad  than  that,  and  construe  it  \%h«'n  he  hud  doi 

The  seventh  saith.  That  Mr.  Thom|i8on  il 
SfTiuon  by  him  preaelu^l  (while  petitions  i 
sitting  oi'  this  |iarliament  weit^  on  ttiot)  spca 
ing  of  a  second  rebellion  by  the  ^H.*otc:fa,  w! 
ha<l  frametl  a  formidable  aimy,  and  oaiue 
far  as  Durham,  to  deliver  a  petition  foraoolj 
and  that  they  seemed  ratlu'r  to  command  fh 
petition  their  sovertign  to  grant ;  and  compi 
mg  that  i>etition  with  the  then  petition  on  fo 
greatly  invciglied  against  it,  and  scoffed  nm 
at  it. 

The  eighth  saith,  That  Mr.  Thompson  (wli 
the  [lotition  was  on  fi>ot  tor  the  sitting  if  tl 
parliament)  used  at  the  funeml  sermon  of  I 
Mr.  Wharton  these  words  {pointing  at  the  A 
said),  that  he  was  no  schismatical  petitiaM 
rebel,  aadtUit  by  his  iogtigatioin  tne  gen 


STATE  tHIALS,  32  Crahles  II.  leso.^Prhilege  of  Parliammt.         [G 


Bristol  made  a  pesentment  of  their 
on  against  petitioning  for  the  sitting  of 
uneat;  that^e  said  Mr.  Thompson 
him,  that  he  was  governor  to  Mr. 
vhcn  he  was  beyond  sea ;  and  said, 
had  been  vety  often  (and  above  one 
times)  at  mass  in  the  great  chiirch  at 
d  usually  gave  half  a  crown  to  get  a 
bear  a  certain  I>octor  of  that  church, 
fie  was  like  to  be  brought  over  to  that 
and  that  when  he  went  beyond  sea, 
yvw  but  that  he  miffht  be  of  that  re- 
ore  bis  return.  That  ht  is  very  ceu- 
ind  frequently  casts  evil  aspersions 
reral  di^-ines  at  Bristol  (»f  great  note, 
?hctwind,  Mr.  Standfost,  Mr.  Cros- 
.  Palmer,  and  others,  saying,  that 
'eot  to  their  lectures  were  the  brats  of 

nth  saith.  That  Mr.  Thompson  in  his 
r  inveighed  bitterly  against  subscrib- 
>ns  for  sitting  of  this  parliament,  say- 
it  was  the  seed  of  rebellion,  and  like 
one ;  and  that  the  devil  set  them  on 
id  the  devil  would  pay  them  their 
aying',  that  before  he  would  set  his 
iich  petitions,  he  would  cut  it  off,  yea 
bem  off. 

nth  saith,  Tliat  about  two  years  since, 
he  chancel  of  8t.  Thomases  church  in 
"here  queen  Elizabeth's  effigies  is,  Mr. 
n  pointing  his  finger  to  it,  said,  that 
he  worst  of  women,  and  a  most  lewd 
noos  woman ;  upon  which  this  in- 
replied,  he  never  neard  any  speak  ill 
thereupon  Mr.  Thompson  said,  she 
ctter  than  a  church-rubber,  and  that 
legun  it,  and  that  site  fmished  it. 
eventh,  Howe,  saith,  That  in  the  year 
waitcil  on  the  mayor  to  church,  and 
Thompson,  who  was  there,  railed  at 
a^ing,  he  did  more  hurt  in  robbing  the 
Dfis,  than  he  did  good  by  the  refor- 
That  afler  dinner,  Mr.  Thompson 
this  informant,  and  claps  his  hands  on 
Iders,  saying.  Halt,  boy,  had  queen 
I  been  living,  you  needed  not  to  have 
rd- bearer  of  Bristol,  llie  said  Howe 
0  why  ?  He  rpp]ie<l,  She  loved  such  a 
oe  (so  wfrll)  as  he  was  ;  and  he  would 
a  very  fit  for  her  ihiidgery  at  IVliite- 

rdfth  saith.  That  he  heard  a  great 
a  sermon  tf>  br;  preached  by  Mr. 
•  oothe  SOth  of  Jaliuary,  1679,  to 
d  put  of  tlie  same  tune ;  and  that  he 
ni  9X  the  same  sermon,  in  which  Mr. 
ft  aaid,  tliere  was  a  gn>ut  noise  of  a 
hi,  but,  sa^r-s  he,  here  is  nothing  in  it 
■Ajterian  Plivt ;  for  here  they  art? 
■t  to  petition  for  the  sitting  of  the  |nir- 
^*  ihft  end  of  it  will  lie  to  bring  the 
io  the  block,  as  they  have  done  his 

audi  laith,  That  in  January  last, 
if  then  was  a  petition  going  about 
(  cCthis  perhwnent^'whcn  Mr. 


Thompson,  in  Retlcliff  church,  in  his  sermon 
said,  it  ^'as  a  seditious  and  rebellious  petition, 
and  rather  than  he  woidd  sign  it,  his  hand 
should  be  cut  of{l 

The  fourteenth  saith.  The  8tli  day  of  April, 
he  ^iug  to  pay  Mr.  Thompson  his  dues, 
speucing  i^onceniing  the  meetcrs  in  private  ; 
Blr.  Thomjison  said,  he  would  haul  them  out, 
and  fill  the  gaols  ^vith  them,  and  hoped  to  seu 
their  houses  a  fire  about  their  ears  m  a  shoit 
time ;  and  tliis  he,  the  said  I'hompson,  dou- 
bled again  and  again. 

Tlie  fifteenth  saith,  Tliat  about  December, 
1679,  Mr.  Tliompson  came  to  visit  his  mother, 
being    sick;     and     discoursing    of    religion, 
Tliompson  said,  if  he  were  as  welt  satisfied  of 
other  thin^,  as  he  was  of  justification,  auricu- 
lar confession,  penance,  extreme  unction,  and 
chiism  in  Itaptism,  he  would  not  have  been  so 
loB^  separated  from  the    Cutholic    Church. 
And  further  affirmed,  that    the  Church    of 
Rome  was  tlie  true  Catholic  Church.     Ha 
further  endeavoured  to  prove  extreme  unction, 
and  auricular  confession,  as  well  as  he  could, 
ont  of  the  Epistles.     Further,  he  hath  heard 
him  say,  the  king  was  a  person  of  a  mean  and 
soft  tenii>er,  and  could  be  led  easily  to  any 
thing,  but  yet  a  Solomon  in  vices ;  but  tliat  the 
duke  of  \  ork  was  a  prince  of  a  brave  spirit, 
would  be  faithful  to  his  friends,  and  that  it  was 
our  own  faults  tliat  he  was  a  Roman  catholic, 
in  that  we  forcetl  him  to  fly  into  France,  where 
he  embi*aeed  that  religion.     About  the  same 
time,  he  the  said  Thompson  said  the  church 
would  be  militant ;  but  greatly  commended  the 
decency  of  solcumizing  the  mass  in  Fiance ; 
and  that  it  was  |)erformed  with  much  more 
reverence  and  devotion  than  any  other  religion 
doth  use.     He  further  hoard  him  say,  in  a  Sct- 
mon,  about  the  time  of  petitioning,  he  would 
rather  cut  off  his  hand  than  sign  it,  and  had 
many  bad  expinssions  of  it ;  that  it  was  the 
seeil  of  rebellion,  and  like  forty  and  Ibrty-one. 
And  further,  the  said  Mr.  Thompson,  at  one 
Sandfoi-d^s  shop-diKir  in  Bristol,  spoaking  of 
Bedloc,  said,  that  he  wfis  not  to  be  believed, 
bcf^ause   Bedloe  had   said    he,  meaning  Mr. 
ThomjMon,   was    at  St.   Omer's,  whom  Mr. 
Thompson  said  he  was  not ;  and  that  Bedloe 
was  of  a  bad  life,  and  in  many  Plots,  and  not 
to  be  credited  in  any  thhig  he  said.    And  tliat 
in  another  discourse  he  ctmunended  the  Rom- 
ish clergy  tor  tlieir  singk*  hfe,  and  is   him- 
self so  ;  and  did  at  the  same  time  vilify  and 
rail  at  the  English  clert^y  for  mairying ;  say- 
ing, it  was  bctler  for  u  ch'rgynian  to  he  gelt 
ihan  to  many ;    and  that    tlie  Calvinists  in 
France  were  l^clierous  fellows,  and  could  scarce 
l)e  two  years  a  priest  without  a  m  lie.     About 
the  time,  an<l  af\er  the  election  of  sir  Jolm 
Knight  to    this  pavlianient,    Mr.  Tliompson 
said,  he  was  not  ht'to  he  iK-lioved,  and  as  bad 
as  any  fanatic.     He  fultlH^r  said  in  the  pulpit 
at  Mt.  Thomases,  that  after  excommunication 
by  the  bishop,  witliout  absolution  from  th6 
spiritual  court,  such  a  one  was  surely  damned; 
and  he  would  pawn  las  soul  for  tin'  trutli  of  it. ' 


7]  STATE  TRIALS*  32  Charles  il.  iGso.^Proceedingi^gahut  R.  Thompson-^  | 

Evidence  ended ;  Mr.  Tliompsonf  afler  tlie 
evid^ce  given  by  every  particular  person,  face 
to  face,  ^'us  asked  to  crery  one,  if  he  had  any 
micstioas  to  ask  before  tliey  called  another  P 
Who  answered,  he  should  w»t  say  any  thing'  at 
|»iCM*iit.  When  tlie  \%itiit»s.ses  before-mention- 
<'(.!  wei-c  all  exainini^,  IVIr.  Tliom|j5on  being  de- 
si  reil  to  nuike  his  deteuce,  and  tleclare  wnellier 
Iv.:  were  t^iilty  of  the  niattem  laid  to  his  cliarge, 
did  for  tiie  greatest  {>art  confess  words  spoken 
to  that  cftect ;  and  in  other  thiiics  endeavoured 
to  tnni  the  words  with  more  favour  towards 
himself;  hut  tlie  witnesses  being  of  great  cre- 
4lit,  and  many  more  being  ready  to  have  made 
good  the  same  tilings,  the  Committee  Icxdicfl 
upon  the  business  to  be  of  a  high  nature ;  and 
therefore  ordered  the  matter  to  be  reported 
fipet-ially,  leaving  it  to  the   wisdom   of  the 


very  justly  odious  as  he  was  to  the  majority  < 
his  sulgects — ^without  a  House  of  Commons  \ 
carry  on  his  government  during  the  four  la 
3'earsof  hislile. 

In  his  '  Declaration  to  all  his  loving  subject 
touching  the  causes  and  reascins  tlmt  niov< 
him  to  dissolve  the  two  last  imrlianicnts*  (whic 
Declaration,  his  majesU'  in  council,  on  the  81 
of  April,  1681,  ordered  to  be  printed  and  pul 
lished,  and  read  in  all  churches  and  cliapc 
throughout  the  kingdom,  and  which,  as  it  a] 
pears,  was  drawn  up  by  lord  chief  justii 
^iortlk)  he  specially  mentions  in  the  catalogi 
of  the  vicrious  measures  of  the  House  of  Con 
moiLs,  <  arbitrary'  orders  for  taking  our  sul 
jects  into  custody,  for  matters  that  had  no  n 
lation  to  Privileges  of  Parliament.* 

The  mention  of  this  matter  by  two  of  tl 


House.  contemporaneous  historians,  Roger  Coke  ai 

A  A  L.^^     •  •      •   Ai    TT        Ai        ^^  Jtoger  S'orth,  is  curious  and  iierhaps  instrai 

A  debate  arising  m  the  House  thereupon ;         .-.J^,  '  *        '^ 


tive 


Resolvetl,  neni.  eon..  That  Richard  Thomp- 

majesty 

f^'4!*^^!-.J"iT"T    ^•"''^7.'    "Jj    Tr^!J  searching  into  the  discovery   of  the  "Popi 

popish  pi  ,ncii.les,  decrying  the  Pop  sh  PK  p,^^    J^  exasperated  agaiiit  the  Tories,*^fi 

1«:  IT"^  *'T'.'*'"k  Tl\  '^n  JT?  ?™'  ridicijing  the  Popish  PlS^  and  for  abho;ri« 

nni^-iT'"'';-^""^^'^^^^^^  ptitionincr  the  king  to  le^  the  parliament  m 

perty  of  the  subject,  and  the  rights  and  pmi-  1^  ^^^^  ^^  prosecute  and  secure  the  natic 


fo^^tloii     promoted   Pope^v,    by  asserting    :LSn;^r  S^c^V  o^t^^^^^^^^ 


Oiilered,  Tliat  a  Committee  l>e  appointed  to  ters,  and  of  the  Coiniiious  of  this  parliame 

pre[)are  tlie  said  lin|>eachiiient.     Anil  it  is  re-  against  the  Tories,  should  be  taken  for  preo 

ferred  to  sir  Win.  Jones,  and  others :  And  the  dents  by  any  parliament  in  time  to  come. 

Maid  Committee  is  imfiowered  to  receive  further  *Ml1ien  parliaments  met  annually,  or  i 

informations  a^^ainst  ihe  said  Richanl  Tliomp-  lea-s-t  fi-eqiioiitly,  I  think  cnm])laint  (^annot  I 

sou:  And  to  send  for  persons,  papei's,  and  recortls.  found  against  any  man  for  Rre<ich  tif  PrivileiTi 

r             r    .-co«  hut  when  there *were  lonijiiitenals  of  parUi 

January  5,  1681,  ^      ^            i           *i     ^                             i 

^    '  ments,  from  whence  the  consequence  resolve 

A  Petition  of  Richard  Thompson,  clerk,  in  into  lonr^  sittings  of  parliaments,  which  begs 

custody  of  the  Srrjeiiut  at  Arms  attending  tliis  in  the  n'igii  of  Henry  B,  then  the  inconvenieni 

Uousf*,  was  r(*ad.  of  privilege  first  began ;  nor  do  I  finil  any  Im 

Ordore<l,  That  the  said  Serjeant  at  Arms  be  fore  the  latter  end  of  Henry  8,  nor  does  31! 

imp<iwerf^d  to  reeeivf  suiiicient  security  for  the  Petit,  in  his  Preceilents  [of  ftxemptions]  froi 

forthcoming  of  the  said  Richard  Hionipson,  to  arrests,  and  other  privileges  of  parliament 

answer  to  tlie  Impeachment  of  this    House  men,  cite  an}  iK'fore  Uie  GUh  of  Henry  8,  i 

against  him.  case  of  'Mr.  George  Ferrers,  bui^j^ess  Vor  tl 

The  Parliament  was  soon  aHmvanls  Jis-  l°„'i'l,f  "yrL"*'';"*"*!  "'^^i*"'".i'^'! 

■olve.1,  an.l  I  havo  not  foun.l  in  the  Journals  ^^  """  '*"*  *"'«'"  *"'  ""=''*  "«»r".V.  «l«t  I 

„^„    1  I             ^                 ,-             ••*.  .^  «iiii«ia  takes  up  near  seven  naffes  to  recite  the  pre 

T^Tomn^n'           P"^''"*;^*    "«.-»"»'    »''"  ceding^  of  th«  <;onZn8  «,K.n  it ;  and  L 

*^  *  the  king  lieing  advertised  there(»f,  called  tl 

Chancellor,   the  Judges,  the  S|M«ak(M-  of  tl 

■ Commons,  and  the  gravest  |»erKons  of  tlieu 

wherein  he   commended  the  wisdom  of  tl 
Commons  rn  maintaining  their  privili'Sfi^,  ai 

It  should  be  noticed,  tliat  at  the  time  when  that  the  privileges  of  parliament  extend  to  tl 

this  Case  occurred,  the  House  of  Commons  servants  of  the  Commons  from  arrests,  as  vn 

praetiseil  commitments,  as  for  Breach  of  Pri-  as  to  the  iiersoiis  of  the  Commons.     It  is  woi 

vilegc,  with  a  frcqui^ncy  and  extent  which  seem  thy  observation  with  what  solniety  and  justM 

to  have  excited  much  disgiist  and  discHnileiit ;  the  Commons  proceeded  herein :  tlie^-  orilen 

and  it  is  not  improbable  that  the  prevalence  of  tiieir  seneant  forthwith  to  repair  to  t^e  Conipt 

those  feelings  thus  excited  greatly  contributed  in  Bread-street,  wherein  Mr.  Ferrers  was  con 

to  enable  king  Charlea  the  8Mond — odious,  and  mitled,  with  his  maoei  to  demand  Ins  deliver] 


STATK  TRIALS,  32  Charles  II.  16S0.— PWui/fjre  of  Parliament.        [lo 

nh'.o'i  tilt*  scriear:t  iliil  lo  the  officers  of  the  i  pear  before  tlicin,  to  an-^wer  for  themselves 
('•>:.. ;•:•  r.  uho  not%%iihstan(liii^  refused  to  do  I  itefbrc  tlie  House  passed  any  eensure  ii|mu 
II,  .:r.  1  U'ai  and  hurl  some  of  the  serjeaiii's  ihenf.  3.  That  in  none  of  those  ceiismvs  tlicv 
i«r;iir>..  aad  hiuke  liis  mace;  and  dunn^*  the    enj«>imd  lh'?  '.!« !iiH)i!ei\t  to  pay  their   fees  to 


b?sM{.  ihi-  sheriifs  of  Lonilon  eatiic  in,  Mho 
r*M:itrii:uK-e<l  the  otricers  of  the  (Jfiinpter,  and 
iri"»if**l  to  deliver  3Ir.  Ferrers,  and  <;ave  tlie 
KTJj^nt  proud  lanf;ua<re,  and  c^iitemp^uoiiNly 
irjrtltti  his  mesNa^^e :  1  lerciijion  the  Commons 
nKLinandt-l  the  <^rieani  to  ve<;i!ive  the  sheritrs 
U  Uinduii  to  deliviT  31  r.  Fe.rers  hy  shewing 
iImu  hn  ma4*e,  which  >vn.s  his  wnrrant  fiir  so 
dfitsg.  W  ber«*upoti  the  sheriiis  de1ivei*ed  him 
ictiTiitD'^ly  ;  but  then  the  :»oi;i;-ant  havini^f  fur- 
iW  (vuiniaoil  from  the  (.'onniions,  chars|^?ri 
(fieshmlii  t(i  ap|iear  iH;rs<»naU3'  on  the  r.iorrovv 
ir  turfit  of  the  cioek,  hei«i*e  the  Speaker,  in 
tlie  BeiiMrr  House,  to  briiiij:  thither  the  Clerks 
«l  tiK  Omifter,  and  such  other  of  their  otiieers 


tlii'ir  :i(T|":  lit,  f<»r  the  si'rjeant  is  tin*  Ling's; 
oiii.rr;  i-u-:  i»;.  tiu*  ^tith  \\  eM.  l,nootiieer  of 
th<  ki{»«f\  «^;.i'li  tuke  air,  fte  or  nnanl  for 
diiinij  liis  ( 'l.'i' .",  hut  what  l:e  n  eeives  from  the 
kinjf,  urM.n  p**r'li>  of  ren',ierii:i;'  douMe  to  the 
plai.'iti.I,  ai'.iil!.'  ;':.iih«'r  puniNlud  at  t!u'  will  of 
thckip.^'".  /i.il  ^'.r  Edv.ard  Coke  in  his  first 
fnst.  III).  3.  set.  V'M,  til.  Kxtoitioiu-rs,  says, 
this  wasUi;*a!:1ii'iU  eor.nnon  law,  and  llie  yn*' 
nnllios  rdiK.j'.  hy  thj  statutes  ;  and  that,  thoucrh 
some  Minutes  siiur*'  hti>e  alioncnl  the  ki'.iir's 
oflieers  in  soniii  eases  to  lake  ft'es  for  exeeutii-ji^ 
their  <»H'*e ..':;,  y-t  none  otiivr  can  be  taken  but 
what  sueh  statutes  allow  ;  and  that  all  olfieers 
of  tli<'  kiiijf,  who  take  li'es  olhr-rwise,  arey^uilty 


t»  ^ere  |iarti€»  in  the  fray,  and  to  take  into  t>f  j)erjiiry.  I  would  know  by  what  law  the 
ri>ii«iy  one  White,  who  had  wiltinjrjy  prf>- I  ('ommons^  sevjennt  take>;his  fet.'S,  uiid  how  the 
OTk^i  Uw  said  aiTC'St  in  contempt  of  the  privi-    Couunons  <'an  abi>olve  huu  from  pcijury  lur 


k^oi  parliament. 

'*  Next  <la\'  the  two  sheriffs,  with  one  of  the 
drfis  and  \Vbite,  apiiearefl  in  the  Commons 
Uiiue ;  where  the  Si>€alie»'  cliaq;inc«;  them 
vitii  tbi:ir  CfHitempt  and  mi«lcnneauor,  they 
»«7e  cuiiipeUcd  to  make  hnmediate  answer, 
vtbiNit  beinsT  ailmitted  to  council  [qu.  to  have 
oiJAsel]  ;  and  in  conclusion  the  sheriflv  and 
Hiuie  werecoiuraittedto  the  Tower,  and  the 
Ml  (nhich  was  the  ocoaKion  of  the  fray)  to  a 
ffact  i-aUed  Little  £ase,  and  the  officer  which 
^ the  arrestf  called  Taylor,  with  four  other 
Mficcn,  to  Newgate,  wherc^  they  remained 
limn  the  23lli  to  the  3 1st  31aix*h,  and  then  were 
Lriiteretl  at  the  bumble  suit  of  the  mayor  and 
t!<sr  ocijer  friends. 

-  Tbe  nevt  breach  of  privile«fe  reported  by 

Km.  k  eight  ycuirs  after,  >iz.  tlie  4th  af  Ed- 

nnl6.  by  oneWithrin^on,  who  made  an  as- 

ftuit  upon  tb«;  pc-rson  of  t>ne  Bnuidlin^,  liur- 

psiof  Nc%vc:i.st'c  ;  hut  the  parliament  dra\\in^ 

tiFvsjkii  aa  eniK  the  Commons  sent  W  ithrinti^. 

t'-bMth<^  pri^y  council,  but  the  comicil  would 

L'4  zne^dU'  in  it,  and  sent  the  bill  of  Mr.  Brand- 

luif '«  ci'inphiint  back  a|^in  to  the  Commons 

Mt^.rdin£;  to  the  antieni  custom  of  tliC  House ; 

vliereupon  the  bjl  was  sent  to  the  Lords  from 

ikt  Commrcns,  %%  ben  Withrinffton  eonfess^l  he 

k^faa  the  fray  upon  Dr.  Brandlint^,  upon  w  liieh 

Imt  Has  comrnitted  to  tlie  Tower.     This  was  in 

ibe  >c£r  1660. 

^**Mr.  Petit  finds  net  another  breach  of  privi- 
ligetiU  the  14th  i»f  Elizabeth  which  was  done 
hf  oat  Arthur  Hall,  for  siyidrv  lewd  6|)eechcs 
■a  well  in  the  Commons  House,  as  abroad ; 
was  warned  by  the  serfeant  to  appear  be- 
tbe  bar  of  the  Conmious  to  answer  tor  the 
,  Slid  uf^n  his  knees,  u|)on  the  humble 
or  lus  Mly,  he  was  remitted  w  ith  a 

Ccsbortatiofi  given  him  by  the  Hpeaker. 
I   obserre  them  three  particuUu^:    1. 
of  these  breaches  ofprivileii^  of 
Ib  finmer  times.    2.  Tbejustii*e  of 
in  their  proceedintjfs  of  breach  of 
>,  lo  cite  the  puraou  or  pcrs««Ds  to  ap- 


takin<jf  such  tlH.s. 

**  Whereas  in  tliis  pnrliat;u»nt  rarely  a  iliiy 
|)as.sed  wherein  men  U|)on  bare  sii^i^estioos, 
and  absent,  were  not  jn:'i^*d,  and  e\ccii»i'i:i 
ordered  for  hiufli  and  niitorious  breach^  of  th:* 
Conmtons'  privile|ift!S,  vet.  most  of  these  not 
foreknown,  and  ofdercnl  to  Ik»  taken  into  cu.-^- 
tody,  tlioujrli  in  Northundierland  and  York- 
shire :  and  rarely  1  think  any  of  them  were 
dis4^har(^efl  without  payings  their  fees ;  nay, 
they  oiitnni  nil  that  was  ever  iluMii^ht  of  before  : 
for  on  the  14th  of  December,  havinjj^  \oted  one 
3Ir.  Herbert  Ilerrino-  to  be  tak^n  into  custody, 
and  Herrin*;:^  altscomliniv-,  the   Housf>  resohed, 

*  That  if  he  did  not  render  himself  by  a  ccr- 

*  tain    day  they  would   proci^'d  n;^alnst  lum 

*  bv  bill    in    parliament  for  endeavouring;  by 

*  his  absconding'  to  avoid  tlu;  justice  of  the 

*  House.' 

**  It  was  «traTic:e  methong^ht  that  the  r<mi- 
mons  shoubl  be  so  zealous  aii-ainst  any  aroi- 
Irary  |K>wer  in  the  kin*^,  and  l.iko  such  a  lati- 
tude to  theiUbelves,  which  puts  n:e  in  mind  of  a 
story  I  have  heard  of  an  old  usurer,  who  had  a 
nepncw  who  had  i^ot  a  lici-nce  to  preach,  ami 
the  uncle  havinsf  ui-vit  ilone  an^  thinjj  for  his 
nephew,  lieresol\Hl  i^  W.  re\i-n;je«l  npon  his 
uncle  hi  a  si-rnion  which  he  Wiudd  priMch  be- 
fiii-e  his  uncic  in  the  parish  wheif^  he  li^t^l  : 
he  made  a  most  invective  sermon  a<^ait;>t 
usur}'  and  usurers  ;  but  alter  ihi*  scrmtm  was 
4lone,  the  uncle  thanks  his  nephe*.)  (or  his  jvond 
sermon,  and  •ra\e  hiiu  two  '.iOx.  picc«'s  :  the 
nephew  was  confouciU'd  at  tbi.^:,  and  lH'«;i^etl  his 
itncle\  [Kirdon  for  v«Iiaih>'lnd  done,  for  he 
thoii;;ht  he  had  !;iwi!  him  ;;fical  oifence :  *  \o,' 
said  the  uncli ,  '  Nrplii-w,  tro  <»n  and   preach 

*  other  folds  oat  of  the  conceit  of  usury,  and  I 
^  shall   have  the  bi.1l(Y  o|i|Mirtunity  <;t'puttins^ 

*  out  my  money.'  "  'iti'oke's  Detection,  p.  'S.'io. 

"  Afterwaiils  he"  [KenntU")  "  comes  to  the 
pfrcat  work  of  morlltyii'^i"  thr^e  AMiorrers,  and 
there  he  is  full  as  copi«»us  and  honest ;  ft»r  he 
tells  only  of  nine  or  ten,  in  a  naked  li.st  of  gen- 


1 1  ]  STATE TRTALS,  52  Charlks  II.  l6^0.'^Proee§dingi  agmnti  jR.  Thompion 


tlCTien,  sent  for  by  the  scrjeant  at  arms,  and 
committed  by  the  llonae  of  Ckimmons,  without 
any  distinction  of  caRen  or  chtmmstanccM,  but 
only  for  detesting  and  abkorrinc  uctiiioiiing  for 
the  sitting  of  the  parliament.  That  is  his  tunc 
upon  all  occasions.  And  here  he  is  forced  to 
cnrad  in  by  the  by,  that  it  was  a  breach  of  the 
privilec^  of  parliament;  which  vote  did  indeed 
come  forth  at  last,  otherwise  this  committinsf 
folks  had  gone  with  less  colour.  But,  withal, 
that  the  proceeding  raised  a  great  cHunour  in 
the  country ;  for  it  had  not  been  usual  to  send 
for  gfentlemen  in  custody  for  what  thry  did 
upon  ^prand  juries,  and  in  way  of  duty,  as  well 
in  giv'iug  testimony  of  their  loyalty  to  the  king, 
as  in  resisting  a  tumuhuous  trade  of  lioud 
gathering  in  the  country,  to  the  yery  great  dis- 
turbance of  the  neighbourhood  and  tlie  public 
peace,  only  because  they  hapnened  to  be  mis- 
midcrstood  in  the  House  or  Commons.  It 
certainly  was  prejudicial  to  the  authority  of  &e 
House  of  Commons,  and  added  to  the  dispo- 
sition in  the  kingtlom  of  relying  upon  the  king's 
good  government ;  and  many  said.  Shall 
uiey  take  away  the  liberties  of  the  king's  ])eo- 
ple^  whp  are  entrusted  to  defend  tliem  against 
all  arbitrary  powers  whatsoever  ?  And  it  gave 
occasion  to  toe  king  to  justify  the  dissolving, 
saying,  as  in  his  declaration, — *  That  they  re- 

*  tumcfl  arbitrary  orders  for  taking  our  subjects 

*  into  custody  for  matters  that  hafl  no  relation 
'  to  privileges  of  jmrliamcnt. — Strange  illegal 

*  rotes ! — declaring  divers  persons  to  be  ene- 

*  mics  to  the  king  and  kingdom,  without  any 

*  order  or  process  of  law,  any  hearing  of  thcv 

*  offence,  or  any  proof  so   much  as   offered 

*  against  them.' 

«*  Tlie  effect  of  tUe«?c  harsh  proceedings  ap- 
peared in  the  case  of  one  iMr.StavcKor  Stowel,* 
a  gentleman  of  a  good  family  in  Devonshire. 
He  was  foreman  of  a  grand  jury  at  Exeter,  and 

•  Commons  Journal,  **  Sabbati,  4to  die  Oe- 
Cembris,  1680,  p.  m.  The  House  being  in- 
formed that  3Ir.  William  StawcU,  in  custody 
of  the  Seijeant  at  Arms  attending  this  House 
is  sick,  and  not  able  to  appear  before  this  House, 
Ordered,  That  Mr.  Stawell  have  a  month's  time 
given  him  for  such  his  appearance."  It  sccnis 
probable  that  this  entry  relates  to  the  person 
mentioned  h^  North.  Mr.  Hnme,  indeed,  8 
Hist.  131.  Ed.  of  ]80r.  tells  us,  that  '<  the 
vigour  and  courage  of  one  Stowel,  of  Exeter, 
an  AbhoiTer,  put  an  end  to  the  practice"  [of  ar- 
bitarj'  and  capricious  connnitntents].  *•  He  re- 
fused to  obey  the  Serjeant  at  anns,  stood  upon 
his  defence,  and  said,  that  he  knew  of  no  law 
bv  which  they  pretended  tu  c'i»inmit  him.  The 
llouse  finding  it  eouaily  dangerous  to  proceed 
or  to  recede,  got  off  by  an  evasion  ;  thev  insert- 
ed in  their  votes  that  Stowel  was  inJisposefl, 
and  that  a  month  time  was  allowed  iiim  for 
the  recovery  of  liis  healtli."  He  quotes  no 
authority ;  so  that  he  *'  stood  upon  his  defence," 
mnd  **  got  dear  off  by  an  evasion,"  (no  very 
dignified  historical  phraseology'),  may  perhaps 
ht  Mcre  inrmtiTe  decoration. 


presented  to  the  judge  of  assize  the  gran< 

Address  to  his  majesty  in  the  tenor  of  an 

rence.     Upon  naming  him  in  the   H( 

Commons,  for  the  leader  of  this  Abhorre 

was  ordered  to  be  taken  into  custody 

Serjeant  at  arms.     And  the  Serjeant  sen 

his  deputy  to  bring  the  gentleman  up  ; 

would  not  submit  to    the  arrest,  the 

might  take  his  course.     For  which  he  a] 

that  he  knew  no  law  for  the  taking  av 

liberty  on  account  of  wliat  he  did  as  a 

jni-y  man,  in  a  court  of  justice,  swoni, 

some  such  effect;  whereupon  the  ofli< 

turned  without  his  prey.    Hiis  was  a  < 

cold  water,  and  took  down  tlie  ferment 

whole  business.     And  the  matter  was  I 

op,  some  saving  that  he  was  indisposed, 

that  he  could  not  be  found ;  an<l  so  ii 

was  fartlier  done  agaiast  him.     And  ni 

men  of  any  sort  were  sent  for  into  c 

upon  this  account ;  for  the  wisest  of  tl 

tion  b^nr^an  to  perceive   there  had  bet 

many  sent  for  already.     I  remember  w( 

the  name  of  this  Mr.*  Stowell  was  famoi 

cried  uu  in  and  about  London,  ami  a 

England,  and  celebrated  in  healths  of  < 

as  of  a  geneml  afler  victory,  or  rather  a  i 

assertor  of  the  people's  liberty.     1  never 

the  like  in  the  case  of  a  private  person, 

that  of  Dr.  Sacheverel ;  the  latter  run  L 

but  the  difference  was  only  in  *  majus  et  n 

It  was  impossible  a  faction  (without 

should  rage  and  tyrannise,  as  the  par 

about  the  beginning  of  this  parliamen' 

not  lose  the  hold  they  had  of  the  people, 

tliey  had  led  into  a  tolerable  opinion  of 

There  was  scarce  a  day  past,  but  tlie^ 

gratified  with  hearing  some  |>enon  wa 

lor   in  custody  fur  abhorring.      Sir    C 

Treby  said,  they  (meaning  the  House  of 

noons)  kept  an  hawk,  (which  was  tliei 

jeant  at  anns)  and  they  must  every  du; 

vide  flesh  for  their  hawk.     1  can  better  * 

this  fen*  truth,  because  it  was  spoke  to  ir 

The  Serjeant's  name  was  Topham,  an 

much  work  he  had  upon  his  hands,  r 

time,  *  ad  terrorem  populi  Regis,'  hail 

it  proverhial,  on  all  discourse  of  perert 

commitments,    to    say  '  take  him  Topi 

which,  for  ought  I  know    to  the  con 

may,  from  that  authentic  original,  coi 

a  proverb  at  this  day.     Whatever  the 

mitinetits  were,  the  dread  was  almost 

versal;    for  after    the   vote,    that    tnul 

petitioning  should    be  punislje<l  as   a  11 

of  Privilege,  who  could  say  his  liliertji 

his  own?    For,   bein"*  named   in  the   1 

for  an  Abhorrer,  <take  him  Topham.' 

the  consequence  of  this  proceedin*/,  as  1 

hinted  it,  may  be  a  lesson  ti»  all  [>owci 

whatsoever  foot  they  are  erected,  that 

take  care  to  perform  their  dnty  acronii 

the  intent  of  their  institntion,  thereby  m 

themselves  useful,  and  not  a  terror  to  the 

pie  under  them ;  for  if,  instead  of  that,  < 

privite  mards,  Aey  grow  uitemperate, 

gnlar,  ana  injurioas,  they  wiO  lose  groum 


i  3)        STATE  TRIALS,  32  Charles  II.  iGSO.-^Privilvge  ef  Parliament.         [U 


u  Im^h  be  humbled,  if  not  wholly  lost." 
North ';»  Examen,  p.  560. 

S>,  too,  Burnet,  1  Own  Times,  484,  fol.  ed. 
of  1724  : 

"  Hie  House  did  likewise  send  their  serjeant 
la  Bio>  parts  of  Enghind,  to  briim^  up  ahlior- 
rm  u  ilelinquents :  ufion  whicli  the  right  that 
ihiy  had  to  imprison  any  besides  their  own 
maJbtvi  came  to  be  nuieh  questioned,  since 
tii^i  ct'uki  not  receive  an  information  upon 
oitL.  iMir  |>roceeil  against  sucfi'  as  refusctl  to 
Kf^ia  behire  th«Mii. "  In  many  places,  those  for 
vkMOiihe}'  sent  tiieir  serjeant  refusetl  to  come 
up  It  was  found  that  such  practice's  were 
ptRHirird  on  no  law,  and  wcTe  no  elder  than 
fata  Elizahetli's  time.  While  the  Hmise'  of 
ranaK'Ob  usi^i  that  power  gently  it  was  sub- 
miOMl  to  in  res|ie€<t  to  it ;  hut  now  it  grew  to 
he  10  much  extended,  tliat  many  resolved  not 
tuMibraitto  it."  [Query,  as  to  what  Burnet 
■i<>of  the  Ht«i»e"of  Commons  not  proceeding 
•CUKt  Mich  as  rei'used  to  appear  before  tliem, 
•it  tlk:  Proceedings  in  the  Case  of  Jiiv  and 
Ttfibau.  A.  D.  1689,  infra,"]  8ec,  too,  Kalph, 
ill»,J17. 

Mach  anention  has  been  lately  (1  write  in 
uv  BioDth  of  June  1810)  directed  to  the  topic 
«f  caaminneffii  hy  the  House  of  Commons, 
ia  coBiequeiicc  of  the  publication  of  a  Letter, 
h**n  ''  Sir  Francis  lUirdett  to  his  Constituents 
iiM>inictlie  power  of  the  House  of  Commons 
In  iai|>rMm  iLe  people  al'  Engkind."  And  in 
iMibon  M  the  copious  discussion  of  the  sub- 
jfcct  in  {larlianient,  it  has  been  ventilated  from 
tlirpcsft  with  m^K'b  erudition.  Mr.  WilliTuns 
^}vi  hns  piiltlished  a  learned  '*  ArGfumeiit  u|>on 
thk|aRidictiiHi<it*  the  House  of  Commons  to 
riiMmir  a%  caNen  of  Breach  f»f  Privih^ge,"  and 
ajwveriul  writer,  (Mr.Efans)  uruler  the  sigiia- 
tmt  ut  *  Piihliffda*  hiu  niiblished  *^  Six  liCtters 
6aia«  lilierty  of  tlie  Sunjecf  and  the  Prinleges 
i*f  ttir  HfMine  of  C'ooimons."  So  lik«*wise  have 
been  ^li<4ied,  **  TIm*  Spcf*ch  of  Mr.  Ponsoubv 
fin  tbt-  question  relative  to  tlie  Privileges  of  the 
Houpttr  •A'  ir<inMiionM  as  connected  with  the 
o4'  Sir  Fnuieis  Bunlett  and  (iaie 
;"  '^Sper'ch<tf  U'iliiant4(him,'t>sq.  Sec.;" 
**  4  i'^MiciHe  Aecmmt  of  the  Origin  of  i\w  two 
Hoi!i«n  of  PaHiameut,  with  an  impartial  State- 
■tfM  'f  the  FVtvileges  of  the  Iloiisf*  of  Com- 
umitMk.  aiid  of  the  lilierty  of  tlu-  Suhjei't,  by 
fcflward  Cln-i««tiuo,  cm).  Vc.*'  ;  **  The  Imw  and 
ot  Par!ianiiri«t  in  eases  of  Pri«  ilegi'S  and 
V*'.  hy  Fram-is  Ludlow  Ifiilt,  es4|.  ;'- 
**A  %*indi«*ation  of  llie  Privileges  of  the  Houso 
rf  CovMnfjnfs  >ec.  by  Henry  Miuluf^k,  jun. 
**  The  QneMtion  cimsidercd :  11ns*  the 
of  Commoii«i  a  riglit  of  counnittnl  to 
He.  by  K.  A.  Bunialiy,  eM). ;''  and  an 
mis  ^'^.Sh«*rt  Examination  into  tlic  power 
Hoi!ae  t4'  Commons  to  cnnnmit,  in  a  Let- 
Hr  FraiMfLH  Burdett,  bait.**  Tlie  House 
«  also  liaa,  by  Votes  of  1  ith  and  93d 
1810,  caused  to  be  ptiuted  the  following 
fits: 


These  Ri-jwrts  are  as  follows : 

REPOirLS  from  the  Skllct  CoMMrrxEE  ap- 
pointed to  consiiler  of  the  1^'ocecdinga 
had,  and  to  bf.>  hiul,  witli  reference  to 
the  several  P»|iei-s  signed  **  Fiuncis  Bur- 
df.1t;"  the  Contents  of  which  relate  to 
his  being  apprehended,  and  committed  to 
tlie  Tower  of  lymdon.  Together  with  an 
AiTENoix.  [As  amended  on  Recommit- 
ment.] 

FIRST  REPORT. 

It  appears  to  your  Committee,  afler  referring 
to  the  Onler  of  the  House  of  the  5tli  day  of 
April  last,  for  the  cfuumitment  of  sir  Francis 
BunleU  to  the  Tower ;  the  Warrants  of  the 
Speaker  t«r  that  purpfise  ;  the  Ix^tter  of  sir 
trancis  Burdett  to  the  Sjieaker,  dated  the  17th 
day  of  April  List ;  the  Report  and  Examination 
of  the  Serjeant  at  Arms,  touching  his  proceed- 
ings in  the  execution  of  such  warrants  ;  the 
notices  to  the  Speaker  referred  to  your  Com- 
mittCH* ;  tlie  demand  made  upon  the  Serjeant 
at  Arms  of  a  copy  of  tlie  warrant  under  which 
he  arrested  sir  Francis  Bunlett;  tlie  writ 
served  upon  the  SiTJcaut,  and  the  summons 
serve<l  u|Kin  the  SjM'ukcr,  and  the  notice  of  De- 
claration filed  against  the  Serjeant ;  which  said 
notices,  demand,  writ  luul  summons,  are  all  at 
tlio  suit  or  on  behalf  of  tlie  saiil  sir  Francis  Bur- 
dett, and  all  bear  the  name  of  the  same  solicitor, 
John  Ellis  ;  That  the  said  procccniiugs  liavo 
liecn  brought  against  the  S|ieaker,  and  the  Ser- 
jeant, on  accfmnt  of  what  was  done  hy  them 
respectively  in  ol>fdieni'e  to  the  Onler  of  tho 
House ;  and  for  the  purpose  of  bringing  into 
ouesti'fTi,  liefoix'  a  court  of  hw,  the  legality  of 
the  proceetlings  of  the  House  in  ordering' tlio 
conimitiiu-ut  of  >ir  Francis  Burdett,  and  of  the 
conduct  «»f  tlic  Speaker,  and  the  Seijeant,  in 
(»lietlience  til  that  Order. 

1.  ^  our  (.'ommittee,  not  in  consequence  of 
anvflouht  upon  the  question  so  intcnikHl  to  be 
raised,  but  inr  the  purfMise  of  collecting  into 
one  vii'W  such  Preccilents  of  the  jiroceeilings 
ol'the  House  upon  cases  of  Breach  of  Privilege 
as  might  afluril  light  upon  this  inqxirtant  sub- 
j»i  t,  ha\  (•  in  the  lirst  place  examincfl  the  Jour- 
nals, with  relation  to  the  practice  of  the  House 
in  commitnient  4»f  persiins,  whether  meniliei'S 
or  others,  lor  Bivaclii:s  of  Privilegi*,  hy  <dfeii- 
si\t'  v.urds  ur  writint;^  dentg;it<>ry  io  the  honour 
j  and  churactiT  of  the  House,  or  of  any  of  its 
iiiiiubt.'is;  und  tlii'V  have  found  nuuierous  in- 
stances, in  the  history  oi'  Parliament,  so  far  as 
the  Journals  extend,  of  the  frt*«|uciit,  unifoim, 
and  uuinterriqitcil  practice  of  the  House  of 
Coninioiis  to  commit  to  diflerent  custiHlies, 
pers<iiis  whom  tliev  have  iidjudged  guilty  of  a 
Breach  of  their  Prn  iK-gcs  li\  s<i  oHending. 

The  slafciiiem  oi'  tli<s«*  *PriT.<Hleiits,  which 
CKtid)lish  llif  I^iw  of  Parliament  upon  this  point 
by  the  usai^c  oi  Parliament:  the  utilitv  of  such 
law,  and  the  necessity  uliich  cvists  for  its  con* 
tiimance,  iu  order  to  maintain  the  ihgnity  and 


I 

1 


15]  STATE  TRIALS,  32  Chahles  II.  l660.^Prceef  dings  againit  /?.  ThompsoH—  [ 

indeitcndencc  of  the  Hoii>c  of  Commons  ;  its 
Aiialotry  to  i\w.  acknowliMltrcMl  powers  of  courts 
«>f  justice,  aiid  the  reros^ition  of  such  ri^it  in 
\iinoas  instances,  bv  Ic^l  aiitlioritieri,  by  judi- 
cial decisions,  anil  Ihy  tiic  other  branch  of  the 
Icpslaturc  ;  as  well  as  the  invariable  assertion 
and  maintenance  of  it  by  the  House  of  Com- 
mons, are  topics  which  nia^'  he  reserved  lor  a 
f\irthcr  Reiiort.  And  althoujo^li  there  are  some 
instances  in  which  the  House  has  thougfht 
proper  to  direct  prosecutions  for  such  ofTcnocs, 
yet  the  Connuittee  confidently  state  that  the 
more  fre<picnt  practice  of  tlie  House,  at  all 
times,  has  l)cen  to  vindicate  its  own  Privileges 
by  its  own  authority. 

2.  Tlie  subject  which  appears  to  your  Com- 
mittee to  pross  most  urpnently  for  an  immediate 
report,  is,  The  state  of  the  law  and  the  prac- 
tice of  the  House  in  cases  either  of  criminal 
prosecution  or  civil  action  a^nst  any  of  its 
members,  for  any  thing  spokni  or  done  in  the 
House  of  Commons ;  or  for  any  proceeding 
against  anv  of  its  officers  or  other  persons  act- 
ing under  its  authority. 

The  princii»a1  instances  to  be  found  under 
this  head  arose  out  of  those  proceedings,  which, 
in  the  time  of  Charles  the  Ist,  Charles  the  2nd, 
and  James  the  2nd,  were  instituted  by  the  of- 
ficers of  the  crown,  in  derogation  of  tlie  Rights 
and  Privileges  of  the  Commons  of  England. 
Tlioso  proceedincfs  wei-e  resisted,  and  resented 
by  the  House  of  Commons;  were  condemned 
by  the  whole  legislature,  as  utterly  and  di- 
rciilv  contrary  to  the  known  laws  and  statutes 
and  IVeedom  of  this  i^alm  ;  and  led  directly  to 
the  Declaration  of  the  Bill  of  Rights,  "  TImt 
the  freedom  of  speech,  and  debates  or  proceed- 
ings in  Parliament,  ought  not  to  be  impeach- 
ed or  questioned  in  any  court  or  place  out  of 
Parliament;"  and  your  Committee  have  no 
hesitation  in  stating,  that  this  article  in  the  Hill 

of  Rights  extends  as  clearly  to  Actions  or  Tii^ 

dictments  brougflit,  or  prosecutions  by  indivi- 
duals, as  to  Informations  or  other  prf)rep<linGfs 

directly    instituted    by  the  authority  of  the 

cro^vn. 
The  Law  of  Parliament  on  tliis  subject,  so 

far  as  relates  to  words  spoken  in  Parliament, 

was  legislatively  <lecl:ired  in  a  statute  to  be 

found  in  the  Parliament  R^dl  of  the  4th  of  II.  , 

8 :  By  that  act,  the  ricfhts  and  privilc^ros  of  I 

free  speech  in  Parliament  an»  e«itablished,  and  j 

a  special  action  is  ^iven  in  favour  of  the  pnrty  > 

Injured  by  any  action  brought  ajjainst  him  for  ' 

words  spoV'-'n'  in  ParliainfTit.      And.  from  tliis  , 

statute,  it  appears  that  Pailiainent  at  that  time,  j 

whi'h  tlu'  case  occurrrd  which  smncd  to  shew 

the  eYiurdit^ncv  of  lo^rislativf   provi>in!i  to  nriyo 

fuller foi-ci'  ;>n<t  protrr-tion  to  its  ]»ri\  ilrn^es,  made 

it  the  subject  of  su'.*h  provision. 

In  the  .5(h  of  Charles  1,  an  Infonn^tion  w:ls 

filed  aifaiuNt  sir  J.    lilliot,  IVn/el  Hollcfi,  esfj. 

and  Benjamin  Valentine,  for  thfir  speeches  and 

conduct  in  the  House  of  Commons ;  Judgment 

was  given  uirainst  them  in  the  King's- Bench, 

thev  wen»  sentenced    to    imprisonutent,   and 

t  fined :    hi  the  Parliament  which  met  in 

3 


1610,  the  House  of  Commons,  after  a  Repc 
made  of  the  state  of  the  cases  of  Mr.  Holl 
and  the  rest  of  the  imprisoned  meraibera,  in  tl 
3ni  of  C*harles,  came  to  several  Resolution 
by  which  they  resolved,  That  these  prucc^ini 
w  ere  against  the  law  and  privik»gp  of  Parlii 
luent ;  and  condemned  tlie  authors  and  acto 
in  them  as  persons  guilty  of  a  breach  of  ti 
privilege  of  Pariiament.  [ii.  Com.  Jour.  Jul 
6  and  8, 1641.  State  Trials,  vol.  3,  p.  310, 
this  Collection.]. 

In  tlie  reign  oif  Charles  2,  these  procce<lin( 
were  again  taken  into  consideration  ;  and  tl 
House  of  Commons  came  to  sevc^ral  Resoh 
tions.  On  the  12th  of  November,  1667,  the 
resolved.  That  the  act  of  Parliament  in  the  41 
year  of  the  reign  of  Henrj-  8,  above  refem 
to,  is  a  declaratory  law  of  the  ancient  and  ru 
cessary  riffhti  and  privik>ges  of  I^rliamen 
On  the  23rd  of  November,  1667,  they  resolve 
That  the  JiHlgment  above  referred  to  again 
sir  J.  Elliot,  D.  Holies,  and  B.  Vakiitine,  e 

3uires,  in  the  King's-Bench,  was  an  iUpg 
udgment ;  and  on  the  7th  of  l>eccmbcr,  166; 
they  desired  the  concurrence  of  the  I.iord 
Tlic  Lords  on  the  I2th  of  December  agiec 
with  llic  Commons  in  these  Votes. 

Your  Committee  next  refer  to  the  case  < 
sir  William  Winiams ;  the  detail  of  which  the 
proceed  to  unert  from  the  Report  of  a  fonin 

Coimnittee  of  this  House.    [27  Mar.  1771.  ii 
Com.  Rep.  p.  il.] 

«  The  Case  of  su-  William  Williams,  again! 

*  wlmm  after  the  dissolution  of  the  Parlianiei 
'  hekl  at  Oxford,  an  Information  was  hrougl 

*  by  the  Attorney  General,  in   the  King'i 

*  Bench,  in  Trin.  Term  36  Car.  2,  for  a  niii 
'  demeanor,  for  liaving  printed  the  Infomiatio 

*  against  Thomas  Dangerfield,  which  he  ho 

*  onlered  to  lie  printed  when  he  was  8|>eiik0 

*  by  Order  of  the  House.    Judgment  passe 

*  against  him  on  tliis  Information,  in  the  2ii 

*  >ear  of  king  James  the  2nd.     This  procee<l 

*  nig  the  Convention  Parliament  deemed  t 

*  great  a  mievance,  and  so  high  an  infringi 
»  nient  of  tlic  rights  of  Pariiament,  that  it  ai 

*  jwars  to  your  Committee  to  be  the  principn 
<  if  not  the  sole  object  of  the  first  ]mrt  of  tli 

*  eighth  head  of  the  means  use<l  by  king  Jani< 

*  t>  sub^  cj  I  the  laws  and  lil)ertif>s  of  this  king 

*  d.ini,  as  set  forth  in  the  DtH-lai-atinn  of  tl 

*  tv>o  lloiises  ;  which  will  ap|K^ar  i^idont  froi 

*  the  account  gi\en  in  the  Journal,  Htli  of  Fei 

*  108K,  of  the  rornsiiig  of  that  Declanition,  tl 

*  L-i^liiii  head  of  whi*h  was  at  first  concein 
'  i!i  th'.'s.'  woids  ;  viz.  "By  causing  It 
**  foniiaiions  to  |je  brought  aucl  pniwviitcd  I 
**  t.'jc  Court  of  Kinir's- Bench,  for  untters  ai 
»•  ri.u>:«s  founiza!.!;'  only  in  Parliament,  and  li 
**  diMTS  other  :irbifnny  ami  ille«r;il  rtmrsi-s," 

nth  Febniary  165J».  '*  To  this  Article  tl 
"  Lonls  (lisngif  4m1  ;  and  gave  tor  n  n^imMi  Hi 
"  caiLse  they  do  not  fuHv  a'.jiri'luuid  w  Imt 
**  meant  by  it,  nor  what  instancc-H  then*  ha^ 
"  l)ceii  of  It;  which  theretore  they  itcMre  ma 
><  Ik;  explained,  it  the  Hoube  Khali  think,  tit  ' 
'*  insist  funht;r  on  it." 


STATE  TRI AL9,  32  Charles  II.  1  £80 Privilege  of  Parliament.        [  1 8 


I  Febnary  1688.  "  The  House  disagrce 
the  Lords  ia  their  amendment  of  leaving 
Jie  r^hth  Article.  But  in  respect  of  the 
hf  giren  by  tlie  liords  in  explaining  that 
tr  ;  resolved.  That  the  words  do  stand 
his  manner;  By  prosecutions  in  the 
t  of  Kinsf^s-bench  for  matters  and 
a  cof^nizable  only  in  pai-Uament,  and  bv 
;  oihir  arbitrary  and  i1l^;al  courses.  ' 
hii'h  Anieiidmeut,  your  Committee  ob- 
s  that  the  House  adapted  the  Article 
rorredly  to  the  case  tliey  bad  in  view  ; 
e  luliMrniatiun  was  filed  hi  king  Charles 
KQnd\  lime  ;  but  the  prosecution  was 
d  Ml,  and  judgment  obtained,  in  the 
il  virur  of  king  James.' 
iltbe  meaning  of  tlie  House  sliould  be 
ofeoni  k^y  idem  to  the  I^rds,  the  House 
d,  <*Thai  sir  William  WUliams  be 
I  lo  the  managers  of  the  Conference ;" 
r  IVilUaiD  W  lUianis  tlie  same  day  rc- 
the  Conterence  with  the  Lonls  ;  and, 
thtv  lordships  had  adopted  the  Article 
:iror(l:4  as  amended  by  the  Commons." 
iim:spondin^  to  this  Article  of  Griev- 
ts  tlie  arisertion  of  the  Ri^ht  of  the  Sub- 
1  ihe  niuth  Article  of  the  Declaratory 
f  the  BUI  of  Kighta ;  viz.  *'  lliat  the 
nn  and  debates  or  proceedings  in  par- 
flt,  ou^ht  not  to  be  impeachfS  or  ques- 
J  in  any  court  or  place  out  of  parlia- 

which  may  be  added,  the  latter  part  of 
oh  Resolution  of  the  Exceptions  to  be 
in  the  Bill  of  Indemnity,  Journal,  vol.  x. 
J,  wherein,  after  reciting  the  surrender 
arters,  and  the  violating  the  rights  and 
IBM  of  elections,  ^cc.  it  proceeds  in  these 
b:  **  And  the  questioning  the  proceed- 

i>f  parliament,  out  of  parliament,  by 
hntioas,  Informations  or  othcnvisc,  are 
w  for  wliich  some  persons  nia}^  lie  justly 
sled  out  of  tlie  Bill  of  Indemnity." 
ne  tith  of  June  1689,  the  House  or- 
**  That  the  Records  of  tlie  Court  of 
f t-bench,  relathig  to  the  proceedings 
ist  William  Williams,  esq.  now  sir  Wil- 

Williams,  knight  and  baronet,  late 
ker  of  this  House,  be  brought  into  this 
V,  by  the  Custos  Brevium  of  the  said 
t,  ooThuraday  morning  next."  [x  Com. 

I.  irr.] 

the  13th  of  July,  <«  The  Record  was 
;  and  the  House  thereupon  resolved, 
1  the  Judgment  given  in  the  Court  oi' 
^s-bench,  in  E&nIit  term  2  Jac.  2(1, 
■I  Williflira  Williamsji  eso.  Speaker  of 
isose  cf  Commons  in  tne  {larlinnieiit 
tt  Westminster  25th  October  dC?  (^^ar. 
br  HMtter  done  by  Order  of  tin;  House  of 
ami  as  Speaker  thereof,  is  in  ilU'- 
it,  and  aguiiLst  the  frtvdiiiii  of 

I,  That  a  hill  be  broui^ht  in  to  rc- 

Hud  Judgment."    [Ibid.  p.  '215.] 

was  twice  read,  but  weiit  no  f  ur- 

•esVion  :'^  A  similar  Bill  was  hi 

•  Vllf. 


the  following  session  ordered  to  1)6  brought  in ; 
and  a  third  Bill  passed  the  Commons  in  1695, 
and  was  sent  up  to  the  House  of  Lords,  but 
did  not  proceed  there  to  a  second  reading. 

It  app«irs  further,  tliat  on  the  nh  June  1689, 
^*-  A  Pctiiion  of  John  Tophani,  esq.  was  read  ; 
*<  setting  forth.  That  he,  being  a  Serjeant  at 
*'  Arms,  and  attending  the  House  in  the  years 
"  1679  and  1600,  when  several  onlers  were 
**  maile,  anti  directed  to  the  jietitioner,  for  the 
*'  takin«^  into  his  custody  the  several  persons  of 
^'  sir  Charles  Ncal,  9cc.  &c.  and  others,  for 
'*  several  misdemeanors  by  them  committed  in 
"  breach  of  tlie  piivilqje  of  the  House  ;  and 
^'  aller  that  the  Commons  were  dissolved,  thtt 
"  said  persons  being  resolved  to  ruin  the  peti- 
'*  tioner,  did,  in  IlUary  term,  the  S3d  or  34tli 
"  of  king  Charles,  sue  the  petitioner  in  the 
'*  KingVbench  in  several  actions  of  trespass, 
*'  battery  and  fak«e  imprisonment,  for  taxing 
^*  and  detaining  them  \xa  aforesaid :  to  which 
**  actions  the  petitioner  pleaded  to  the  juris- 
**  diction  of  the  Court,  the  said  several  orders  ; 
'*  but  such  his  plea  \f  as  over-ruled  ;  the  then 
*' judges  ruling  the  petitioner  to  plead  in  cliief, 
^^  and  thereupon  he  pleaded  the  orders  in  bar  to 
**  the  actions  :  notnithstandiug  \«hich  pica  and 
**  orders,  the  tlien  judges  gave  judgment 
*<  against  him,  &c."     fx  Com.  Jouru.  p.  164.] 

"  U|ion  the  Report  from  the  Committee  oc 
"  Privileges  and  Elections,  to  whom  this  peti-' 
"  tion  of  J.  Topham  was  referred,  the  House 
*'  Resolved,  That  this  House  doth  agree  with 
<*  the  Committee,  Tliat  the  Judgment  given  by 
"  the  Court  of  King's -bench,  Easter  term 
**  34  Car.  2,  Re^s,  upon  the  plea  of  JohnTop- 
**  ham,  at  the  suit  of  John  Jay,  to  tlie  juris- 
**  diction  of  that  Court ;  and  also  tlie  judg* 
"  ments  given  against  the  said  Mr.  Topham,  al 
'*  tlie  suit  of  Samuel  Verdon,  &c.  are  illegal, 
**  and  a  violation  of  the  privilqr^  of  parliament, 
**  and  pernicious  to  the  rights  of  parliament.^ 
Whereupon  it  was  ordered,  **  That  sir  Francis 
"  Pemberton,  sir  Thomas  Jones,  and  sir  Fran- 
*'  cis  .Wythens,  do  attend  this  House  on 
"  Wednesday  morning  next."  [x.  Com.  Jour* 
p.  209. 

"  In  consequence  of  this  order,  sir  Francis 
*'  Pemberton  and  sir  Tliomas  Jones,  who  liad 
"  been  two  of  the  judges  of  the  Court  of 
**  King's-bench  at  the  time  \ihen  the  judgment 
"  was  passed,  were?  heard  in  their  dcleiu'e  ; 
**  and  afterwards  committeil  to  the  Scrieuut  at 
**  Anns,  for  their  breach  «;fthc  priviu;gi»s  of 
"  this  Ilousi?,  hy  «Tuinjyjn,l;^in(.'iit  to  over- rule 
"  the  pica  t-)  tliv  jiirisUii'tifm  t>f  the  Court  of 
"  King's  IxMich.*'     [\.  Coin.  Jour.  p.  227.] 

Your  Coiiiniitlco  ttunk  it  proper  to  state,^ 
Tliat  sir  Francis  Pemberton  i.nd  sir  Thomas 
Jones,  in  defending  thfuisehes  at  the  biir  of 
this  Mouse  for  their  conduct  in  over-rnlintr  tha 
p!(;a  to  thoir  jurisdiction  in  the  actions  of  Jay 
r.  Topham,  Vc.  dirfcndcd  the  Judgment  they 
had  givtM),  l)v  resting  upon  the  iiaturt*  of  the 
p1u<tdtiig,  and  ndl  b\  lienying  thir  juri^diftiun 
or  nnthority  of  tliis  M(»u«»i'  ;  ami  sir  Francis 
Poiiibcrtan  expre^ly  admitted,  that   for  any 

C 


1!)]  STATE  TRIALS,  32  Charles  II.  \6%tS.^Proefeding9again$t  R.Tkampaim:  [! 

thing  transacted  in  this  House,  no  other  Court 
halt  any  jurisdiction  to  hear  and  determine  it. 
[Htate  Trials.] 

Your  Committee  in  the  next  place  think  it 
expedient  to  state  to  the  House,  that  there  are 
various  instances  in  which  persons  committed 
by  the  House  of  Commons  nave  been  brouj^ht 
up  by  Habeas  Corpus  before  the  jufU|;es  and 
courts  of  common  law  ;  and  in  these  cases, 
upon  its  appearing  by  the  return  to  the  Habeas 
Cforpns  that  they  were  committed  under  the 
Speaker's  warrant,  they  have  been  invariably 
remanded. 

3.^  Having  statetl  these  instances  of  the 
manner  in  which  the  Ads  and  Commitments  of 
this  House  have  been  brought  into  judgment  in 
«ther  courts,  and  the  consequences  of  such 
proceedings  ;  your  Committee  further  think  it 
pm|>er,  and  in  some  degree  connected  with  tliis 
subject, to  advert  to  the  course  which  was  adopted 
for  stnying  proceedings  in  suits  brought  against 
members  and  their  servants,  while  they  were 
protected  from  such  suits  during  the  sitting  of 
parliament. 

The  Roll  of  Parliament  8  Ed.  2,  affords  the 
earliest  trace  which  your  Committee  has  found 
upon  this  subject.  It  is  a  writ  from  the  king 
coufiniiatory  of  the  privilege  of  being  free  from 
■nits  in  time  of  pariiameut,  and  is  in  the  follow- 
ing words :  *  Rex  mandavit  Justiciaries  suis  ad 

*  assisas,  iurat :  Vc.  capiend.  assignat :  quod 
*-  supersedeant  Cajitioni  corandem  ubi  comites 

*  barones  et  alii  summonati  ad  Pari'  rp<;is  sunt 

*  partes  quamdiu  dictum  Parliamentum  dura- 
«  verit.'     [4  Co.  Inst.  24.] 

There  have  been  various  modes  of  procecil- 
ing  to^enforre  this  privilege.  Tn  lX^w(«*s 
Journal,  pa.  436,31  Eliz.  1.^88—1589,  Friday 
SI  St  of  February,  your  Conmiittre  find  the 
following  entry  :  *''lTpon  a  motion  made  by 
**  Mr.  Harris,  that  divers  members  of  this 
**  House  having  writs  of  Nisi  Prius  brought 
«<  against  them  to  be  tried  at  the  assizes  in 
**  sundry  places  of  this  realm  to  be  holden  and 
**  kept  in  the  circuits  of  this  present  vacation, 
"  and  that  writs  of  Supersedeas  might  be 
"  ai«-arded  in  those  cases  in  res{>ect  of  the  pri- 
'*  vilege  of  this  House  due  and  appertaining  to 
*'  the  members  of  the  same ;  it  is  agreed,  that 
**  those  of  this  House  which  shall  have  occa- 
**  sion  to  reouire  such  benefit  of  privilege  in 
**  that  behalf,  may  repair  unto  Mr.  Speaker, 
"  to  declare  unto  him  the  state  of  their  cases, 
<*  and  that  he,  uyon  his  discretion  (if  the  cases 
••  shall  so  i-equire)  may  direct  the  warrant  of 
**  this  House  to  the  Lord  Chancellor  of  Eng- 
^  land,  for  the  awarding  of  such  writs  of  Su- 
"  persedeas  accordingly." 

But  the  House  used' to  stay  also  proceedings 
-by  its  own  authority ;  sntiictimes  oy  standing 
tfi<>  Si'rjeunt  at  arms  to  deliver  the  person  ar- 
rested out  of  custody ;  and  sometimes  by  letter 
trom  tlie  S|Mniker  to  the  Ju<lges  before  whom 
the  cn»ise  was  to  be  tried.  Of  this  latter  mode 
of  proceeding,  your  Committee  find  many  in- 
■taiices  previous  to  tlie  "Srd  of  Charies  I.  Yonr 
Committee  find  a  decision  [Hodges  v.  Moor. 

a 


Trin.  S  Car.  I.]  against  the  authority  of  and 
letter,  in  the  court  of  King's  bench,  which 
reported  in  the  maig.  of  Dyer's  reports,  p.  t 
and  in  I^tch,  pp.  48  and  160.  And  snoit 
afW  the  refusal  by  the  Court  of  King's  ben 
to  notice  this  letter  from  the  Speaker,  the  paiH 
meut  was  dissolved.  There  are,  howevi 
many  other  instances  of  this  course  of  prooec 
iiig  after  the  Restoration ;  and  in  the  mstan 
oflord  Newburgli  (23  February  1 669)  the  Hon 
ordered  the  proceedings  to  outlawry  to  be  sta 
during  the  sessions,  and  the  record  of  the  a 
gents  to  be  vacated  and  taken  off  the  file,  [i 
Com.  Jour.  p.  1^6]. 

The  last  instance  which  your  Committee  11 
of  such  letters  having  beai  written,  occurs 
the  lord  Bulkeley's  case  in  1691,  in  which  t 
Speaker  is  directed  to  write  a  letter  to  the  prodi 
notary  that  he  do  not  make  out,  anu  to  t 
sheriff  of  the  county  of  Pembroke  that  he 
not  execute  any  writ,  whereby  the  lord  Bull 
ley's  possessions  may  be  disturbed,  until  B 
Speaker  shall  have  examined  and  reported  1 
matter  to  the  House,  and  this  House  li 
further  order  thereon,  [x.  Com.  Jour.  p.  53' 
By  the  19  and  13  W.  S.  c.  3.  this  Privilege  ¥ 
curtailed  ;  and  further  by  Stat.  2  and  3  Ann, 
18.-11  Geo.  2.  c.  24.— 10  Geo.  3.  c.  50. 

liord  chief  justice  l>e  Grey  says  in  Crosb 
case,  "  If  a  member  was  arrested  before  1 
<«  l?and  13  W.  3.  the  method  in  Westmina 
"  hall  was  to  dischaive  him  by  writ  of  privik 
**  under  the  great  setu,  which  was  in  thenati 
'*  of  a  Supersedeas  to  the  proceeding.  1 
'*  statute  of  William  has  now  altered  uiis,  a 
**  there  is  no  necessity  to  plead  tlie  privilege 
'*  a  member  of  parhament."  £3  nib.  H 
201.1 

AU  these  acts  merely  apply  to  procei 
ings  against  Members  in  respect  of  tl 
debts  and  actions  as  individuals,  and  i 
in  res|>ect  of  their  conduct  as  nufmbers  of  pi 
liament ;  and  tlierefore  they  do  not  in  any  h 
abridge  the  ancient  law  and  privilege  of  p 
liament  so  far  as  they  respect  the  freedom  i 
conduct  of  members  of  paniament  as  such, 
the  protection  which  the  House  may  give 
penious  actinir  under  its  authority. 

4 . — I^n  the  whde,  it  appears  to  your  Co 
mittee,  Tliat  the  bringing  tnese  actions  ngad 
the  Speaker,  and  the  Serjeant,  for  acts  dune 
obedience  to  the  orders  of  this  House,  ii 
breach  of  the  privileges  of  this  House. 

And  it  appears,  that  in  the  several  instan 
of  actions  commenced  in  breach  of  the  pri 
legos  of  tliis  Flouse,  the  House  luis  procee 
by  commitment,  not  only  against  the  l>arty, 
against  the  soUcitor  and  other  persons  conven 
in  briiigiug  such  actions ;  but  your  Commit 
I  think  it  right  to  observe,  that  tne  commitrn 
I  of  Kuch  (larty,  solicitor,  or  other  persons,  wo 
I  not  necessarily  stop  the  proceedings  in  a 
action. 

Tliat  as  the  particular  ground  of  action  d 
not  necessarily  appear  upon  the  writ  or  u] 
the  deolaration,  the  court  orfbre  which  sudi 
tion  is  brought  cannot  stay  the  suit  or  | 


STATE  TRIALS,  32  Charles  II.  Iffsa— PWvtfrg'^  of  Pitrliamtnt.       [CS 


againit  the  pb^ntifT,  till  it  is  iuforiutrd 
ow  of  legal  proo6«diiiff  that  such  ac- 
ogfat  for  a  thing  done  by  order  of  the 

liaefime  appears  to  your  Committee, 
thoi^i^  the  House  should  think  fit  to 
a  sohcitor  or  other  person  nuncemed 
Bcinff  these  actions;  yet  it  uill  still 
at  t£al  the  House  shoidd  give  leave 
aker,  and  the  Seijeant,  to  appMur  to 
tkiiiis  and  to  plead  to  the  same ;  ti)r 
i  of  bnnging  under  the  knowledj^e  of 
the  authority  under  which  they 
if  the  House  should  agree  with  Uiat 
or  CcHnmittee  submits  to  the  House, 
would  not  be  proper  tlrnt  directions 
pven  by  this  Honse,  fur  defending 
r,  and  tne  Serjeant,  against  the  said 


SECOND  REPORT. 


resuming  the  considera- 
primcipal  niaitera  reserred  in  tlieir 
lort,  do  not  thiidi  it  necessary  to 
le  vaiious  Pkrecedents  which  are  to 
'  the  exercise  of  the  power  oi'  Com- 
»y  the  House  of  Comuiohs  for 
;  Privilege  and  Contempt  in  gene- 
'mg  that  to  be  a  power  too  clear  to- 
i  qurstioo,  and  proved,  if  proof  were 
>y  Ibe  same  Preci-dcnts,  which  they 
ted  with  a  view  to  the  point  to 
y  have  more  immediately  directed 
doo,  and  which  Precedents  are  sub- 
icir  R^oit.  (Appendix  A.) 
ies  which  your  Committee  nave  se- 
KMt  directly  conneoled  with  the  sub- 
si  to  them,  are  those  for  Connnit- 
Libel,  an  offence  which  tends  to 
«lar  misapprehension  and  disaffec- 
tters  the  m«edom  of  tlie  debates 
lugs  in  parliament,  and  requires  the 
i|it  interposition  and  restraint.  The 
nmcdiate  uunisliment  and  example  is 
I  prevent  tne  ev'ds  necessarily  arising 
imnoe,  which  evil  it  is  obvious  would 
efls  effectually  guarded  against  by 
lilatoty  proceeding's  of  the  ordinary 
aw  ;  nevertheless  upon  some  occa- 

1  loose  of  Commons  have  pro- 
vinst  persons  committing  such  of- 
'  directing  prosecutioiis,  ur  by  ad- 
is  Buyesty  to  direct  them,  as  aiJjRars 
secdents  collected  in  Apitendix  (U.) 
le  series  <d  precedents  which  your 
e  And  on  your  Journals,  it  will  munt 
paar  that  the  Hnuse  of  Cfimuions 
id  Lfteh  as  contempts  ;  that  they 
cHllj  ponished  tlie  authors  and  pub 

Aem  by  coininitmcut,  wlietiier 
in  and  publishers  were  or  were  ni^t 
if  Ike  House  ;  and  tliat  inis  jiower 
■■ciKd  at  all  times,  sa  far  liack  as 
fe  aflbrd  an  op|H>rtunuy  of  tracing 
1^  Committee  cannot  Ibi  bear  ob- 
it f^  VmoedniB^  subjoined  to  their 


Report  establish  this  Law  of  Parliament,  upon 
the  ground  and  evidence  of  an  immemorisl 
usaffe,  as  strong  and  satisfactory  as  would  be 
held  sufficient  in  a  court  of  law,  tor  the  estab- 
lishment of  any  legal  right.    (Appendix  A.) 

Your  Committee  also  bejg  leave  to  observa, 
that  the  general  power  ot  Commitment  was 
solemn^  asserted  by  the  House  of  Common^ 
in  1676,  and  in  their  Resolutions  of  1701 ;  and 
was  also  claimed  by  the  House  of  Commona, 
and  admitted  by  the  House  of  Lords  in  the 
most  exdUcit  lenns,  in  the  conference  between 
the  two  Houses,  in  the  Case  of  Ashby  and 
White,  in  1704  ;  althougli  other  points  aiising 
in  that  case  were  strongly  controverted  between 
the  two  Houses.    (Appemlix  C.) 

Your  Committee  further  state,  that  it  hat 
been  recognized  by  legal  authority,  and  by  the 
most  solemn  decisions  of  the  courts  of  law  on 
various  occasions,  whenever  any  question  u|K»i 
it  has  been  brought  before  them  : 

By  eleven  of  Sie  Judges— in  the  Case  of  the 
Aylesbury  men.  2  Lord  Raym.  p.  1105. 
3  Wils.  p.  205. 

By  the  Court  of  King's-Bench— in  Mur- 
ray's Case.     1  Wils.  p.  299.     1751. 

By  the  Court  of  Common  Pleas— in  the 
Case  of  Brass  Crosby.    3  Wils.  p.  203.  1771. 

By  the  Court  of  Exchequer— m  tlie  Case  of 
Oliver.     1771. 

And  that  this  power  of  romniitment  by 
either  House  of  Paniament,  was  further  rec<^- . 
iiized  by  the  court  of  King's  Bench  in  the 
Case  of 'Benjamin  Flower,  8  Term  Ucnorts,  p. 
323,  who  had  been  committed  by  tlic  11  ou^  of 
Lords.  And  your  committee  have  not  found 
the  authority  of  a  single  decision  to  the  con- 
trary in  any  court  whate%'er.    (Appendix  D.) 

I  our  Connnittee  also  beg  leave  to  state,  that 
die  Judges  of  the  Common  Law  have  consider- 
ed Libels  upon  th<^  courts  or  the  proct^edings 
in  juf iicature  as  contempts  and  lia>e  frequenUy 

Eunislied  the  authors  and  publishers  of  them 
y  summary  commitment.  This  appears  from 
various  instances  stated  in  tlie  Appeiidix  (£.) 
which  liave  occurred  both  in  courts  of  law  and 
equity. 

Amongst  the  Judges  who  have  concurred  in 
those  decijiions,  u|M)n  the  power  of  |»arliaineut 
and  of  the  courts  of  law  and  e^iuity  to  commit 
for  such  contempts,  are  to  be  luand  lawyers 
the  most  distLugtiislied  for  their  zi'alous  re- 
gard for  thelibeny  of  tlie  subject,  and  the 
most  upright,  able  and  enlighteueil  mi-u  that 
ever  ailomed  the  seal  of  justice  ;  and  the 
doctrines  hiid  down  by  theui  all  coincide  uith 
the  ii|»iiftiou  solemnly  delivered  by  L«rd  Chief 
Juhtlce  De  (in>y  in  <  rusby's  ume,  that  the 
}iower  of  couiimtment  is  ^*  inlK-rfUt  in  the 
**  llousi' of  Commons  from  the  vi-r^  natcn^of 
^*  its  iustitutiun,  and  tlwt  tliey  i-uii  e  ititiiiit 
«(  geueially  for  ali  coiiteni|»ts."  3  W  iU.  |>.  i^Q. 
Uufler  all  these  circumstances,  Your  lom- 
mittoe  can  liave  no  hetdtatioii  in  subinittiutf  ilieir 
ilecidH  opinion,  that  the  |Hiwer  of  (xiiuiiiiuiient 
for  a  liljel  upon  the  House,  or  uimiu  its  membcrH, 
tor  or  ndative  to  any  thing  said  or  done  thecciut 


is]  STATE  TRIALS^  32  Charles  U.  leso.'^Proeeedimgt  ^gatnii  IL  Titowpw 


if  eflsential  to  the  Freedom  ofDebate,  to  the  In- 
dependence of  Parliament,  to  the  gecurity  of  the 
liberty  of  the  Subject,  and  to  .the  general  pre- 
servatuNi  of  the  $^te. 

.  This  power  iis  in  truth  part  of  the  fundamental 
Law  f»f  Parliament ;  the  Law  of  Parliament  is 
.the  Law  of  tiie  LAnd  ;  part  of  the  Lex  Terree, 
mentioned  in  Magna  dharta,  where  it  is  de- 
clared, that,  "  no  Freeman  shall  be  taken  or 
"  imprisoned  but  by  lawful  judgment  of  his 
*'  Peers,  or  by  the  Law  of  the  Land ;"  and  it 
is  as  much  within  the  meaning  of  these  words, 
"  the  Law  of  the  Land,"  as  the  uniyersally  ac- 
knowledge power  of  Commitment  for  con- 
tempt by  the  Courts  of  Justice  in  Westminster- 
hall,  wluch  courts  have  inherent  in  them  the 
summary  power  of  punishing  such  contempts 
by  6ommitmcnt  of  the  offenders,  without  tne 
intervention  of  a  Jury. 

Your  Committee  therefore  are  of  opinion. 
That  tliis  power  is  founded  on  the  clearest  prin- 
dples  of  expediency  and  right,  proved  by  im- 
memorial usage,  rectiffdized  and  sanctioned 
by  the  highest  legal  aumorities;  and  analogous 
to  the  power  exercised  without  dispute  by 
courts  or  Justice ;  that  it  fin^ew  up  with  our 
constitution ;  that  it  is  established  ana  confirmed 
'as  clearly  and  incontroVertibly  as  any  part  of 
the  Law  of  the  Land,  and  is  one  of  the  most 
hnportant  safeguards  of  the  Rights  and'  Liber- 
ties of  the  People. 

APPENDIX. 


Appendix  (A.) 

Paecedents  of  Coif  MiTMENTS  for  Wofds  and 
Publications,  Speeches,  &c.  reflecting  on 
the  Proceedings  of  the  House. 

I. — From  the  beginning  of  ihe  Joumalif  to  the 

CommonweaUh. 

1559. — ^TaowER. — For  contumelious  words 
against  the  Jlouse. — ^To  the  Serjeant — i  Jour. 
59. 

1580. — Hall,  a  Member. — For  publishing  a 
book  against  the  authority  of  the  House.— 

.  To  the  Tower,  also  fined  and  expelled^ — 
i  Jour.  193,  194,  125,  126,  1S2. 

1625. — Montague. — For  a  great  contempt 
against  the  House  for  publishing  a  book 
traducing  persons  for  petitioning  the  House. 
—To  the  Serjeant — i  Jour.  805,  806. 

1628.— Lewes. — For  words  spoken  against  the 
last  Parliament— To  the  Serjeant— i  Jour. 
^2. 

3(638. — Aleyn. — For  a  libel  on  last  Parlia- 
ment.— To  the  Serjeant — i  Jour.  925. 

1640. — Piers. — Archdeacon  of  Bath^  for  abus- 
ing tbe  last  Parliament.- To  the  Serjeant— 
ii  Jour.  63. 

1640. — Prestok. — Scandnlous  words  against 
this  H:>use.— To  the  Gatehouse— ii^or.  71. 

N.  B.— Tbe  King  did  not  leave  London  till  tbe 
10th  of  January  1641.  In  tlie  year  pre* 
ceding  iliere  are  very  many  cases  ofstranEers 
cofjimitted  for  conremptuoof  words  spci«en 
against  the  Parliamentt 


II. — Preeedentt  of  the  like  nature,  fr 
Restoration  to  the  Revolutioiu 

1660. — Lentuall,  a  Member. — For  w< 
the  House  againtt  tlie  preceding  Parliai 
To  the  Serjeant — viii  Jour.  84. 

— Drake. — For  a  pamphlet  reflectii 
the  Parliament ;  and  impeached. — ^' 
Serjeant^viii  Juur.  183.  185,  186. 

— Crakford.  DittOy    Ditto,  viii  Joui 

1661.— Gregory  and  Withers. — Foj 
phlets  reflecting  on  tbe  justice  of  the 
—To  the  Tower— viii  Jour.  368.- 
were  prisoners  in  Newgate,  and  wer 
mitted  to  the  Tower,  and  ordered  inl 
custody. 

1662— Greek.  Ditto,  To  the  Serjeant 
446. 

1670 — Woodward.— For  a  breach  of  P 
against  a  Member,  and  speaking  co 
tuous  words  against  this  House. — 
Serjeant — ix  Jour.  147. 

1675. — Howard. — For  a  scimdalous 
and  a  breach  of  the  Privilege  of  the 
— To  the  Tower— ix  Jour.  864. 

1680.— Sir  RoREAT  Cann,  a  Membei 
words  in  the  House,  reflecting  on  a  Bfl 
brouEbt  to  the  bar,  and  received  a 
mand  from  the  Speaker: — And  for 
spoken  out  of  the  Houie — commiib 
expelled. — To  the  Tower — ix  Jour.  6^ 

1680. — Yarington  and  Groob^. — For 
phlet  again&t  a  Member.— To  the  S 
— ix  Jour.  654,  656. 

1685. — CooKE,  a  Member.— For  wordt 
House. — ^To  the  Tower^ — ix  Jour.  760 

ni. — Precedents f  SfC.  from  the  Revolw 
the  end  of  King  Wdliam. 

1689. — Christopher  Smelt. — Spreac 
false  and  scandalous  report  of  sir  Pete 
a  Member.— To  the  Serjeant,  29th  J 
Jour.  844. 

1690.— W.  Briggs. — Contemptuous  wo 
behaviour,  and  scandalous  reflection 
the  House  and  upon  Sir  Jonathan  Jei 
a  Member  thereof.— To  tbe  Serjean 
Dec. — X  Jour  512. 

1691. — Richard  Baldwin. — Printer 
pamphlet  entitled,  '*  Mercurius  Reforo 
reflecting  on  the  proceedings  of  the  '. 
— To  the  Serjeant,  9th  and  2l8t  ] 
X  Jour.  548,  558. 

1693. — William  Soader. — Affirming  i 
porting  that  Sir  Francis  Massam,  a  M 
was  a  pensioner. — ^Tu  the  Serjean 
Mar.— xi  Jour.  123. 

1695. — Sir  George  Meggot.— Havin| 
dalixed  the  House,  in  declaring  that  i 
being  duly  chosen  be  had  friends  enc 
the  House  to  bring  him  into  the  He 
To  the  Serjeant,  27ih  Dec. — xi  Joui. 

1696. — JoHH  Marlrt. — A  Member,  foi 
in  the  House.— To  tlie  Tower,  9rl: 
xi  Jour.  581. 

1690.— Francis  DuKCOnkE. — Haring  • 
ed  before  two  wiiucs>c»  that  he  had 


f5]       STATE  TRIALS,  32  Chablss  IL  l6S0.— Privilege  of  P€rliamm^.        [2£ 


kned  Bonej  to  several  Members  of  the 
Boose^  and  afterwards  denied  it  before  a 
ONDiDittec  of  the  Hoose.— To  the  Serjeaoty 
5th  Jan.-*ai  Jour.  651. 

16M.— Joair  Rte. — Haying  caused  a  libel, 
fdkcting  OD  a  Member  of  the  House,  to  be 
snaied  and  delivered  at  tbe  door.— -To  the 
S^eulv  11th  Jan. — xi  Jour.  656. 

lfi|J--JoBV  Hath  E9.^For  being  the  occasion 
«f  a  letter  being  written,  r«ectiog  upon 
dK  booour  of  tbe  House,  and  of  a  Commit* 
iKj— To  the  Serjeant,  S4tk  Jan. — xiii  Jour. 
Ul. 

im.— TiaMAS  CoLEPEPB a.— Reflections  up- 
•  chf  last  House  of  Commons. — ^To  New- 
lili;  Feb.  7. — miii  Jour.  735.— And  Attorney 
Gcami  ordered   to  prosecute  him  for  his 


Vff^Pneedentg  of  the  like  nature,  from  1701 

to  1809. 

inip-Jtfaji  TuTcniN,  Joun  How,  Benjamin 
Btoifl.  -As  Author,  Printer,  and  Publisher 
tf  ■  minted  paper,  entitled,  *'  Tbe  Observa- 
iBi;*  reflecting  uoon  the  Proceedings  of  the 
Hmk.— To  tlie  Serjeant,  3d  Jan. — «iv  Jour. 

no. 

0M.— JamesMellot. — False  and  scandalous 
flflections  upon  two  Members.— To  the  Ser- 
jtsat,  (Kb  Mar.— xir  Jour.  565. 
-HEawAaD  Theobalds. — Scandalous    reflec- 
boas  apon  a   Member. — ^To  the  Serjeant, 
td  Mar. — aiT  Jour.  557. 
ms^— Samusl   Bc7Cklet. — As  Printer  of  a 
Mended  MemohiJ  printed  in  the  *'  Daily 
Coafant,"  reflecting  upon  the  Resolutions  (»f 
lbs  House.— To  the  Serjeant,  llth  Apr.— 
EviiJoar.  189. 
t715.— £.  BcaaiNGTON,  J.  Morphen.— As 
Pinivmd  Publisher  of  a  pamphlet,  entitled, 
*7bi  Evening  Post,**  reflecting  on  His  Ma- 
JM  and  the  two  Houses  of  Parliament. — 
To  the  Serjeant,  1st  July — xviii  Jour.  195. 
f7f9.r-RjcBAaD    Corbet. — Reflecting   upon 
the  Proceeding  and  tlie  authority  of  a  Com- 
■ince.— To  the  Serjeant,  31st  Mar. — xxi 
Jam*.  307. 
173S. — William   Noble. — Asserting   that  a 
Member  received  a  pension  for  his  voting  in 
Pkriiaincnt.— To  the  Serjeant,  19th  Feb.— 
tail  Joor.  945. 
174a — William  Coolet,  John  Meres,  John 
flccBES. — As  Author,  Printer,  and  Publisher 
•f  papers   reflecting    upon    His  Majesty's 
Gevemment,  and  the  Proceediugs  of  both 
of  Parliament.    Cooley  to  Newgate, 
Dec.  ;  Meres  and  Hashes,  To  the  Ser- 
Sd  Deoember^-xxiii  Jour.  545,  546, 

•  •if. 

lMfel  Johns.- -Author  of  a  printed 
containing  impudent  reflections  on 
I  P^ncet  dings  of  the  House. — ^To  the  Ser- 
M,  IStb  Mav— REV  Jour.  154. 
^Dsxvjs  SBADE.-^ticking  up  a  pnper 
iiflame  tbe  minds  of  the  people  against 
I  Hoase.-'To  tbe  Serjcmot,  9tb  of  Decem- 
p— nsix  Joor.  9r. 


1768— Joseph  Juornton. — Giving  directions 
for  sticking  up  the  above-mentioned  paper. 
— To  Newgate,  10th  Dec. 

1771.— Henry  Baldwin,  Thomas  Wright. 
—Printing  the  Debates,  and  misrepresent- 
ing the  Speeches  of  Members. — ^To  the  Ser- 
jeant, 14th  March— xxxiii  Jour.  258, 359. 

1774.— H.  S,  WooDFALL. — For  publishing  a 
Letter  highly  reflecting  on  the  character  of 
the  Speaker. — ^To  the  Serjeant,  14th  Febru- 
ary— xxxiv.  Jour.  456. 

1805.— Peter  Stuart. — For  printing  in  his 
Paper  libellous  reflections  on  the  character 
and  conduct  uf  the  House. — ^To  the  Serjeant, 
^Gth  April— Ix  Jour.  917. 

Appendix  (B.) 

Cases  since  1697,  of  Prosecutions  at  Law 
aeainst  Persons  for  Libels,  &c.  upon  the 
House  of  Commons  or  any  of  its  Members; 
and  whether  by  Order  ur  Address. 

1699. — Edward  Stephen. — Libel  on  the 
House,  and  on  an  individual  Member.— By 
Order,  S7th  February — xiii  Jour.  S30. 
1701. — ^I'uoMAS  CoLEPXPER. — A  Letter  to  the 
Freeholders  and  Freemen  of  England,  as« 
persingthe  House. — By  Order,  7th  February 
— xiii  Jour.  735. 
1702. — Mr.  Lloyd. — Aspersing  the  character 
of  a  Meml)er. — ^By  Older,  18tb  November 
— xiv  Jour.  37. 

1709. — Dyer. — Misrepresenting  the  Proceed- 
ings of  the  House.— By  Order,  26th  Febru- 
ary— xiv  Jour.  807,  208. 

1740.— John  Meres.— «*  The  Daily  Post."— 
Highly  and  injuriously  reflecting  upon  an 
act  of  Government,  and  the  Proceedings 
of  both  Houses  of  Parliament.— By  Ad^ 
dress,  3d  Dec. — xxiii  Jour.  546. 

1750 — Author,  Printer  and  Publisher. — Pub- 
lishing paper,  entitled,  "  Constitutional  Que* 
ries,''  grossly  reflecting  on  the  House. — By 
Address,  2Sd  Jan. — xxvi  Jour.  9. 

1751. — Authors,  Printers  and  Publishers. — ^The 
case  of  the  Honourable  Alexander  Murray. 
—Aspersing  the  Proceedings  of  the  House, 
and  tending  to  create  misapprehensions  of 
the  same  in  the  minds  of  the  people.— By 
Address,  20th  Nov. — xxvi  Jour.  304. 

1774. — Author,  Printers  and  Pnblishers.— Pub- 
lishing paper  called  the  **  South  Briton/' 
reflecting  on  the  House. — By  Order,  16tb 
February — xxxiv  Jour.  461. 

1788. — Authors,  Printers  and  Publisbers.— 
*'  The  Morning  Herald,  Tiie  Gazetteer,  and 
New  Daily  Advertiser.'' — Grossly  reflecting 
on  the  House  and  the  Members,  and  tending 
to  prejudice  the  defence  of  a  person  answer- 
ing at  the.Bar.— By  Address,  8th  February— 
xliii  Jour.  213. 

1788.-^ Authors,  Printers  and  Publishers.-*- 
**  Review  of  the  Principal  Charges  against 
Warren  Hastings,'' &c. — Highly  disrespect- 
ful to  His  Majesty,  and  the  House ;  and 
indecent  Observations  reflecting  on  the  mo- 
tives which  indoced  the  House  to  prelar  the 


/ 


^  vr ATETtlAl.^  i/l(MJkMi.iA  XL  ;i^ 


M^  ;t/1iWm.  :5»i  ••-.r ■•••'» — uii  .'-wr   ifli. 
JI'W  —  r'-'\tfr  %ii«t  *ir,:  r:Ar— *  Tut  "*  •-rit'' 

K>S  V,  «n-;-;*— .  a*  'rut  t^t>:;ciA  t'  ^ir  r*« 

1V4  teceatc^^^  j-.i/.  ::>,  ^:> 


Ci^ni  md  Ret '/cynryM  </  dK  PKn^c^.u  r?* 
pAftUAiCbiT.  af^  tfat  Power  of  C'.vxn- 


11  R>h.  t.     Rcc  Fwl.  vol  n.  S4t 

£a  jTCArt  foij^iment,  twrz  Im  Sjisn'rs  s* 

bitn  eapntelft  ry^ntt  tcxoprir^  ai*iri  pr»«ntz    m%Tb:«:  ^x-  rvccymd. — A  C'«*jk  Bdi  Lrr 

Sv/««%  «  «iitr.»  f«ri«m«iitz  « lu»i(«  a  .^,u-.  ••>-'3  -Com.  Juoni.  roi.  i.  p.  Sft9. 

totiMfiU    PWrei  <Ji!  b    Terr*-,  a^rroMfit  tie-  The  CoB.ziin»  tefi  t^  LaHn  «•  tta  tW 

OManez,  w^\mpfnz^ ^  dnciM  uf  !#•  f»an  4e  par-  doiAciiM.  bin  tbe  ComsMDi  Hook ka  C^Hl 

knttflt,  4c  ti0sm\'^.  (AT  U  L//V  Crvi]«,  wt  par  and  a  Court  of  Record.'* 

antral  pLia  ban  cfcKirte.  du   R^Sme:    qa*U  l^^—Cam.  Joum.  roL  1.  p.  545. 

daym,  iitifrti:,  ie  fraochiM:  le  K/iv  lour  be-  .  '■>  ^.'^'^^  *^  PreccdcBto  br  sr  £d«^i 
AiffMsneot  afloua  ^  ottrviia  «n  yCtin  parle-  Coke,  d  b  amed,  -  The  Hour  of  Caa» 
tamL  :  mooa,  alone,  hath   a  power  01'  pnaialiaKil; 

«o   u^    ^      »^     n^-i        .  and  that  judicial  "—HaU'.taae  43  li»uu,«ii 

39  Htn.  6.     If«t.    Pkri.   rol.  r.    p.   «39.—     Lonr*!  CaK  5  EHz  cit«i 

Thorp's  Ca«r.  1^-^  1  ^-e  ;»  ««.  craa. 

The  Hariri  I^ordea  Hpiritu«4z  and  Teroporelx  ^^"'  •'****^  4th.-Coni.  Jouni.  toL  ix.  p.  854 
not  eiit»Yii1yin(p  u»  emu^^hp  or  hurt  the  LiWr-  i  ^  ^«  matter  of  the  appellant  juriadictiQn  4 
U-tm  and  yrtir'i\t^(^*rH  of  thf\-ni  that  were  c«>me'n  '  ^^  House  of  Lords,  the  CoianHNw  aasot  thdi 
for  the  rrommiine  of  thin  fande  to  tf  'n  present '  "^^^  ^*  to  punish  b^'  •— pT-^nnrnT  n  1  nmninti 
parierii#^it,  but  «i(aily  nfUrr  the  imin  of  (awe  tf> !  ^^  >s  I^T^y  <^'  tudatuig  ibeir  phvil^cs,  tfag 
myiiv<itnr  jiMtiff,  snd  to  harf^  knowlef(i|;e  what ,  'm^ui^  aoconling'  to  the  known  hws  and  ciutofl 
th«!  lawc;  wilt  wi-y  in  tliat  liclwkf,  ofiened  and  '•  ^  i^iriiainent  and  the  right  of  their  pnvilega 
flef:lan;d  tothcjuHtiri'H  the  jinrriiifMez,  and  axed  '  ^'^cl'uvd  ^y  <^e  kiug«  m%al  preiectaiaiinji 
of  Uieni  whHlHT  till:  wrid  Thtnnas  oii^t  to  be  [  fcMmer  Pkriiamenu  and  by  huuself  ui  tUi;'* 
delivemi  fnuii  yrvtim^  by  force  and  vertue  of  *^.  ."  ^^  neither  the  Great  Charter,  tiM 
thir  pn¥v\t'^*  of  iMirii'nMiit  or  nofi.  To  the  ,  ^^^^  of  Kight,  nor  any  other  laws,  do  tab 
whirh  r|iif-Htiori  thi;  rliff«  yt^^n,  in  the  nam^  '  ^^y  ^^  ^^  and  custom  of  Parliament,  or  ti 
nf  all  till*  juHtiff/,  aftfT  maddi*  oominufiicatioii    ^^^  ilomr  oi  Parliauient." 

and  maturi-  d.^lt«.n.ti.n,  hadibr  ani.nijr  theein,       1701.-V0I.  »ii.  p.  7C7.-Kentidi  F^stitMo. 
auimwin-d  and  Hiiid»  that  thfy  miifht  n<it  to  .    f  •*"       »«mw.  * «■•••«. 

aiiniiW4<n;  to  tliat  ipii-Hf inn,  fur  it  hath  not  be  Kawdved,  Thai  it  is  the  opinion  of  tlyi 
iiMfl  afon*  lyiuc  iliat  tin- just irvx  slioubl  in  euy  |  coiuuiittfe,  thai  to  assert  the  House  of  Con* 
w^wdi'ii'nnini*  thi*|irivilrtf;^M>fthiNlrighe<iiirt  nMfB**  ha>e  no  power  of  commitmeut,  hut  a( 
or  |iarli*iiiriit.  tlieir  own  meniben,  tends  to  the  suliveniioii  d 

^  II...    a     Tu    -  • -•.   I  i«  ji  •     ^1  ••        the  constitutiouofthc  House  of  Comniuns. 

4  Hra.  8.     }^'^riKitw^  lUAl  in  Uie  pariia-        k«ioIto.I,    That  it  is  the   opinion   of  itt 
mi^it  ofllre.  -Htroude»s  Case.  coiumitlee.  That  In  print  and  puSLih  any  boofti 

or  libeb  redecting  upon  Ike  procMdiuga  ol  Ih 


i«  Ilia  aoi  c«iiie*nytig  Kiokard  fitroude 


f9]       STATE  TRIALS,  32  Charles  II.  iGSO.^FrMlege  of  Partkimeni.        [39 

**  barons  of  the  Exchequer,  are  assistant?  totha- 
"  Lords  to  inibmi  tlieni  of  the  ctnnmoii  law, 
"  and  thereunto  are  called  severally  by  virit : ' 
*'  neither  doth  it  belong-  to  theni  (as^hath  been 
"  said)  to  ^udse  of  any  law,  custom,  or  pri- 
"  vilecfe  of  paflianient :  An<i  to  say  the  truth, 
**  the  laws,  customs,  liberties,  and 'privilegies  of 
*<  parliament,  arc  better  to  be  learned  out  of  tiie 
**  rolls  of  parliament,  and  other  records,  and  by 
**  precedents  and  continued  experience,  than 
'*  can  be  expressed  by  any  one  man's  pen/' 


Htaie  of  ComnMm,  or  any  member  thereof, 
fersr  rdatinfr  to  his  serrioe  therein,  is  a  hiffh 
fiMoB  ol'  the  ri^ts  and  privileges  of  the 
H«K  flf  Commooii. 

Ashby  and  White. 

Cflnftreneps  between  the  two  Houses. 

1W  Oommoiis  at  the  second  conference  with 
dtt  Lwdi  ne  amert  their  Resolution  of  1701 : 

**  For  it  b  the  ancient  and  undoubted  rif^ht  of 
**  dtt  Hsmeof  Commons  to  commit  for  breach 
*  tfpiii^ve ;  and  the  instances  of  their  commit- 
**  B^  fVMNK  (not  membern  of  the  House)  for 
**MMh  of  pririlege,  and  that  to  any  her 
**B|pH^'s  prisons,  are  ancient,  so  many,  and 
**■  v«  Blown  to  yom  lordships,  that  the 
think  it  needless  to  produce  them." 
.  vol.  xyii.  p.  709. 

Ijords  Joum.  vol.  ^i^P-  714. 

Ik  Lords  in  answer  say, — "  The  Lonls 

'^Mffcr  disputed  the  Commons  power  of  com- 

*^  ittsi^  for  breach  of  privilege,  as  well  per- 

an;  not  of  tlie  House  of  Commons 

who  an.%"  iSec. 


Appendix  (D.) 

KKOttmoN  of  the  Law  and  Privilc^  of 
IWianieni,  and  of  tlie  Power  of  the 
HoiKe  of  Commons  to  commit  for  Con- 
ttvpt^  by  Leind  Authorities,  and  by  the 
lu^..: —  f^f  i^Qoxt%  of  Justice. 


Coke,  4  Inst.  fo.  15. 

Lord  Coke  observes,  upon  the  chum  of  the 
hn6i^  ID  11  of  Rich.  9.  sanctioned  by  the 
ks^  (as  naled  in  the  first  paragraph  of  Appen- 
da  C.)  oftler  the  head  of  '  Lex  et  Consuetudo 
"^  "imrsii;'  as  followeth — ^*And  as  every 
:sf  justice  hath  kws  and  customs  tor  its 
lioQ,  some  by  the  oommon  law,  some  by 
**  ihe  cifil  bw  and  common  law,  some  by  po- 
"caiar  bws  and  customs,  &c^  so  the*hi}j>;U 
of  Parliament  ^suis  proprijs  le^ibus  et 
subsistit— 'It  is  lex  et  oonsue- 


I 


hriianenti,  that  all  weip^ty  nuitters 
^  m  any  Parfiament,  moved  concerning  the 
•IVus  of  the  realm,  or  CommooN  in  Pnr- 
*  iimmt  assembled,  ouf^it  to  he  determined, 
"adpi^ipd,  and  diseussed  by  the  «oune  of 
**  ftrfiMncnt,  and  not  by  civO  law,  nor  yet  by 
**  the  oommon  laws  of  this  realm  used  in  infe- 
"  liar  eourta ;  whieh  was  so  declared  to  be— 
"artidom  legem  et  consuetudinem  Parha- 
**  mmti— oonosniing  the  Peers  of  this  realm, 
**  by  tkr  VtJBgt  «m1  all  the  Lords  sphritual  and 
**  iHipiral :  And  the  like,  pari  ratione^  is  for 
"  ftt  Commons  for  any  thiufr  moved  or  done 
'■^  House  of  Commons.*' 

Coke,  4  Inst.  fo.  50. 

And  OB  another  occasion,  in  treatii^  of  the 
GHStoms,  libertiea  and  privilei(es  of  the 
nn  9i  FaHiiunait,  whidi  he  saith,  ««  hath 
Jjbmmuch  deaired,  and  are  the  very  heart- 
'^MagBoT  tlie  oommonweahh :"  Lord  Coke 
■yi^-^All   the  jnstioes  of  England   and 


26    Car.    S.— 1674.— State   Trials,    Soame's 

Case. 

Lord  Chief  Justice  North  said, — *<  I  can  see 
'*  no  other  way  to  avoid  consequences  deroga- 
**  tory  to  the  honour  of  tlie  parliament,  but  to 
*<  reject  the  action ;  and  all  others  that  shall 
'^  relate  either  to  the  (irooeedinffs  or  privilege' 
*'  of  parliament,  as  our  pretfecessors  have 
"  done." 

^'  For  if  we  should  admit  general  remedies  in 
<^  matters  relating  to  the  parliament,  we  must 
*'  set  bounds  how  far  they  Shall  go,  which  is  a 
"  dangerous  province ;  for  if  we  eft,  privilege 
**  of  parliament  will  be  invaded,  which  we  ought 
'*  not  in  any  way  to  endamage*." 

1675.— State  Tria1s,^Earl  of  Shaftesbury's 

Case.* 

In  the  caso  of  the  earl  of  Shaftesbury,  who 
was  committed  liy  the  Housi;  of  L(Mrds, 
**  for  high  contempts  committed  against  the 
'*  House,"  on  being  brought  up  to  the  King's- 
liench  on  the  return  of  an  Habeas  Corpus, 
the  court  unanini«)UHly  determined  against  en- 
tertaining tlie  case;  wlien  Raiasford,  Chiefs 
Justice,  said,  '^  This  court  has  no  iurisdiction 
*'  of  the  cause,  and  therefore  tlie  form  of  the 
'*  retum  is  not  considerable.  We  onglit  not  to 
*'  extend  our  jurisdiction  beyond  its  limits,  and 
*'  the  actions  of  our  ancestors  wiii  not  warrant 
*'  such  an  attempt. 

'^  Hie  iM)usequenee  would  be  very  mischiev- 
'*  ous,  if  this  court  should  deliver  a  member  of 
*♦  the  House  of  Peers  and  ("oramons  who  an? 
**  committed,  for  tlierehy  the  business  of  par 
**  liament  may  be  retarJed ;  for  it  may  be  thp 
**  commitment  was  for  evil  behaviour,* or  inde 
**  cent  reflections  on  other  membo^  to  the  dis< 
"  turbanre  of  the  affairs  of  parliament. 

"  The  commitment  in  this  case  is  not  for  safe 
*'  custody ;  but  he  is  in  execution  of  the  judg- 
*<  meat  given  by  the  Lonls  for  contempt ;  and 
**  tlierefore,  if  he  should  lie  bailed,  he  would 
"  be  delivered  out  of  execution ;  for  a  contempt 
^^  infuciecuridB  there  is  no  otlier  judgment  or 
**  pxivntion. 

"  Tliis  court  has  no  jurisdiction,  and  tlicre- 
**  fore  he  ought  to  be  reniandeil.  I  deliver  no 
*'  opinioii  whether  it  would  be  otherv^ise  in  case 
"  of  a  prerogative." 

1751,  Feb.  7th.— 1  Wilson,  p.  200.-«Marray's 

Case. 

Wlien  he  was  brought  up  to  the  King's- 
*  See  vol.  6,  p.  1270  of  this  Collectioo. 


"-  recsn  of  Qts 


^  To  t^  I  aisfvpr.  tbax  a  kis  hMa  detpr- 


vTccfrfTJoc  -^-u  r;r 


-  CHC 


^  A 


!n  %y  3c   Hii)«k»  CorcGfw  tee  cvort  .-v- 

bun :  jkCii  30  r::?e  bx;  b«ea  ci^ 

-  cnnrx  la  tis  jnmrriar :  tai«  i.r^iT'.  •l^uuhm 

-baiL- 
I>£nniiwiL.    Jusnof.  —  ■-  TLs  •.■*j«;-:':  fc»    &? 

•-  *h«  Hiii«ntf  T'lrvm*.  inc  V&yv*^  wine  the 

-  ci''rxautxni?s£  wts  :  War  iii-w  3  aprenr*  w  ^t? 

-  «f  C*iiiiiiii]ai« :  «tut   ■.;»*?•«*•  »irT^*.!ie;£i»    •/£' ■*!- 

-  W«!  \.rL=ntiC  Hlif|£i!    «IC   z :    i>»r  1  XUrSC  0-4u    LS.S 

-  cwixr:  nfcmr  ib  the  Hoosp  or  C'Ms Ji<}i»  ^rt.i 

-  <noapii!;33£ruiBictii^m.    I  £TT«mTi*h»«,r:i:«;ri 

-  «>  iriiiiieiiiT.  thwaiBit  1  think  :t  a  cieiu  cube. 
"*  shI  rafBRS  BO  tune  Ar  cmskfriraQon.  " 

»•'  m  part  otf  the  Iw  nf  ihe  hod :  in^i  there 
«»  wmU  be  aa  cad  olf  aA  bw.  if  die  H  rase  ot 
««  ConDBnos  iwJJ  aoC  eommit  lw  a  confieoipc. 
■*  AD  cimrti  «f  reeonl  ievoi  the  Eq««st:  cuy 
•*  CA^qi*  fiir  a  cvntempc ;  iml  lori  H'liL 
'*  thon^  he  JUKend  with  the  odier  jmJ^««.  y*si 
"ks  Huuse  anchc  cumiwc  turicua- 


«t  A 


SI]  STATE  TRULS.  S«Chul£s1I.  UiO.-^PfwcudmgwtgsuuilLTUMtft&m:  [n 

hT  a  Hdhefti  C«cpK.   aad  the  com  *  Lotd  Navw.  «ho  ns  CRUBined  10  the  Temr 
!>>  ^Hcharse  him.    Mr.     bir  ondEr'ti^T  tbcf  Hook,  nader  the  Spcaiia^ 
L    -  It  affean  cpM  the     "*" 
[ibek»    C'crrKS.    thai    Mr. 
T  tf  aic::2«!c«i  u>  New^e    Vr  the 
cf  C<«=i=33f».  ^jr  aa  hf^  im  dan-     ar^imL  a^i.  bj 
ccesnciK  «C  tbe  pcirui^npf  •:<    i^u     tive  Oxrt.  he 

s»BCv  iB»Geii«Gaz  taebar.         The  LcHCtBClfJi 

the  «piBA  «c'  ibe  Cost. 
'-  p.iwcr.Ttr.  «t  CI 
-*  D  :be  HtiOHe  ^  C- 

*-  o('  ;he  Sav  'f  the  uad. 

~  Kr  ot  e»!«Ouce.  die  v 
"  Dk&yiics. 

-  j^rcVeii.  thai 
*'  ^  ivaumpci..     Jl2 

t!aeC:«rt 

H<Qse. 

•■"  Tkf  Stu.  "f' Janaes  X.  capL  15. 

"  po>re»  Ufci:  ii>*yjiftTi?  paver  b» 
••  ;iiese  wvfti*       ~ 
•■  .%tft  or  aay 

"  1-^  be  I^fnrazw  br  cvawue  m 
"  di^t«il  awe  inj'vitrsiivt  which 

-  oaakff  «>r  pc«?oirv  to  Qe 
"  M  aJN^cesLii :'  «>  tSais  r.  si  dmhc  ctwr  ihfll  ihi 
-'  bfz^:«&tcsre  have  r^xv^Tuzcii  :aa»  ftpmu  ef  Af 
*-  H*Mse  oc  ComiSi'ci.  I2  the  case  ef  dM 
-*  Vvi^fsbarT  ram.  the  o?<uBwi  ^frnined,  Lni 

-  i'Wt'  Jisitxe  H«ilc  -var^Mii.  anrf  iSie  H«aMd 

*  Ldrb  arfciwwMsr^'.  cue    the    H«Mr  d 
-*  C4KM3MK  had  pMwvr  v» 

-  tRB^  ttr  bnnch  gr 
*-  ieuiu»  coey  jB}£tt  h«i«^  pi 
•*  aay  cn.Tie.     H  b«*ii  the  Hi 
'•  1:*;-*^:*;   isy  iIiiD«|C  •»»  ■")e  a 

-  :».r:'Ti.t:i>ii.  loit  a»"ir  i.i)aLaiit!ueiis  i 
••  ;;i»:cce  la  «.Y^**jz:i>n :-  vni  »>  O 
-*  'ijichurisr?  'IT  inid  A  Dvrson  thu  is  m 
"  t»Mi  3v  die  iiir?:rM«fnt  -k*  law  icher  Coart.' 

Vn:  !itf  cjnotuiieiL  2a  juii^mein  a  thw 

■'  I  ani  lertmi;)!  sics.'M  that  df  bird  Hal 

-*  Sfiwefar'  w*:i-^  :.j  jiiv>^  <ieteniiJiutd  x.  the  lisn 
•-  >Liy»?»-  w'cii  i:i-.;;  Sitsi  reiaannVtl.      la  tb 

•  cise  •»  Mr    M'ir-iy,  !*e  jvivv^  o««U  bo 
oJaofr::iii:£  ue  uimaniipc  hv  a  aai 

-  wae  Knew!  so  ri-.'wvf.  '^^  seneence  'it  a  ^go- 

-  per  'K^san  ;  iJ  :*bf     iiitj^n  i;;i?«ed.  that  b 
~  must  be  r«ii:aai(K*i.  be^noiw  be 
■■  Bur?!*!  *)¥  A  CoiiTt  larju;  0 


n 


ffi 
u 
u 

It 


a  the  fiee  of  the  Hook.     JL»  lur  the     *  htsxxx 

DO  nutxe  <Mf  it. 


ailio 


138. 
177  U 


Cpqhow 


eA|.  the 

hetaaAer  in  this  CoQecciin. 

tfaac  aiitice  if  the 

vtJaaBfm  tfani  Cotlecnim.  h. 


t 


I 


Vent.    If.    WIS    1  C«iiuiuirsieiit  -ji 
jou  thervpife  -<:  was  le^.-ewam  it  diat 
scue  the  <vitift:a«.*v.  ver  lur^  Cuiiftieti  in 
HoiHfu  Curuiai  Caae%  u  3.  ir;sS«  a  this  Col- 
leetwu. 


53}       STATE  TRIALS  39  Charles  II.  iGSC-^Privikge  of  Purliamad.        {Sl 


"  UBce  of  tlie  acts  of  the  Houses  of  Parlia- 
"  BcnCy  hecause  they  belong  ud  aU*td  ejcaNiCn. 
**  I  hive  the  most  perfect  satisfaction  in  my 
**  ova  mind  in  thai  determination.  Sir  Mar- 
«*  lia  Wfwhl,  who  feh  a  generous  and  distin- 
**  ggyieawarmth  for  the  liberty  of  the  sub- 
*<ject;  Mr.  Justice  Dcnison,  who  was  so  free 
**  fitm  conaedJons  and  ambitiou  of  etery  kind ; 
*  ad  Ur.  Jostioe  Foster,  who  may  be  truly 
■*  cdkd  the  Alagna  Charta  of  liberty,  of  per- 
'MMai  weO  as  fortune;  all  these  revered 
'■■ifBi  concurred  in  this  point.  lamthere- 
•*  ma  dsttiy  and  with  full  satislaction  of  opi- 
thit  the  Lord  Mayor  must  be  rc- 


u 


OobH  Just — *'  I  entirely  concur  in  opinion 
"wik  my  Lord  Chief  Justice,  that  this  Court 
"  Ml  no  oognizance  of  contempt  or  breach  of 
"  privilege  ot'  the  House  of  Commons ;  they 
**  m  the  only  judges  of  their  own  privileges ; 
"  ad  diat  they  may  be  properly  called  ju&es, 
"ifpamia  4  Inst.  47,  where  my  lord  Coke 
**  mjgg  an  alien  cannot  be  elected  of  the  par- 
**  fioMBL  because  such  a  person  can  hold  nu 
"ifaee  Off  judicature.  Much  stress  has  been 
■^ludi^oo  aa  objection,  that  the  Warrant  of 
u  tko  fioMlrMi  is  not  conformable  to  the  order 


■'flf  the  Hoinae;  and  yet  no  such  thing  ap- 
*iHn  19011  the  return,  as  has  been  pretended. 
"ihe  Older  says,  that  the  Lord  Mayor  sliall 

*  be  tslDOi  into  the  custody  of  the  scrjeant  or 

*  \uM  deputy ;  it  does  not  say,  by  the  serjeaut 
^  ff  his  depnty .    This  Court  cannot  know  the 

*  utaae  and  pofwer  of  the  proce^ings  of  the 
'  Hoose  of  Cfommons :  it  is  founded  on  a  dif- 

*  ftrnt  law ;  the  '  lex  et  consuetudo  parlia- 
'  *  iBcati,*  is  known  to  uarliaroent  men  only. 
»TicivyHniard'aCase,  Dier,  59,  60.  When 
**  wnai  of  priTilege  come  incidentally  betbru 
^  the  Govt,  It  is  obm^  to  determine  them,  to 
"  pRffCBt  a  Allure  injustice.  It  is  ixwi  this 
"  esnrC  did,  in  Uie  instance  alluded  to  by  the 
'  eooBsel  at  the  bar,  [Wilkes's  Case,  9  WiU. 

*  151.]  determine  upon  the  privilege  of  parlia- 
''aaitin  the  case  of  a  Liljel ;  but  then  that 
'privilege  was    promulged    and  known;   it 

exirtea  in  recoru  and  law  books,  and  was  al- 
lowed hy  parliament  itself.     But  even  in  that 
eue,  we  now  know  that  we  were  mistaken ; 
for  the  House  of  Commons  have  simie  deter- 
■ined,  that  urivilt^  does  not  extend  to  mat- 
tm  of  libel.    Tte  cases  produced  respect- 
iag  Ae  lligh  Commission  Cuurt,  &c.  are 
■ot  to  the  present  purpose,  because  those 
'  aoarli  had  not  a  legal  authority,    llie  reso- 
'  klioB  of  the  House  of  Commons  is  an  adju- 
'  Aniion,  and  every  court  must  judge  of  its 
"  nrn  oontempts." 
Bbcksloiie,  Justice. — "  I  concur  in  opinion, 

*  Att  we  caimot  discharge  the  Lord  Mayor. 
'  He  present  case  is  of  great  importance,  bc- 
« «n.^  the-liberty  of  the  subject  is  materially 

Tm  Hoose  of  Commons  is  a 
e  court,  and  they  are  judges  of  their 
*«WB  prinlegcs  and  contempts,  more  espe- 

*  cidly  with  respect  to  their  own  members. — 
■  Here  is  a  mmber  couuoitted  in  cxevation 

vou  VIXI, 


(( 
i» 
u 

(C 
(C 
C( 
(C 

u 


by  the  judgment  of  his  own  house.  AH 
courts,  by  which  I  mean  to  include  the  two 
Houses  of  parliament  and  the  courts  of  West- 
minster-Hall, can  have  no  control  in  matters 
of  contempt.  *  The  sole  adjudication  of  con* 
tempts,  and  the  punishment  thereof,  in  any 
mmmer,  belongs  exclusively,  and  without 
intedering,  to  each  respective  court.  In- 
finite contusion  and  disorder  woidd  t>ilow,  if 
courts  could  by  writ  of  Habeas  Corpus  exa- 
mine and  determine  the  contempts  ot  other8.t 


*  Here  is  a  laxity  of  expression  which  might 
not  have  been  ex'pected  from  the  learned  au« 
thor  of  tlie  *  Commentaries.*  llie  meaning 
seems  to  be,  tiiat  the  two  Houses  of  Par- 
liament and  the  courts  of  Westminster- hall, 
are  not  subject  to  control  in  matters  of  con- 
tempt, but  that  other  courts  arc  subject  to 
control  ill  such  matters.  8ee  Clarke's  case, 
Tremaiiie's  Pleas  of  the  Crown,  442.  2  Le- 
vinz.  200.  1  Vent.  302.  327.  3  Keb.  704.  799. 
an.  Dr.  Bentlcv's  case  8  Motl.  U8* 
Fortescue  202.  2  Lord  Ra}iii.  133 1.  Strange 
567.  2  Kydon  Corporations  70.  In  Murray's 
case  Mr.  Justice  Foster  says,  that,  '^  all  courts 
of  Record,  even  the  lowest,"  [as  the  Court 
of  Piepoudre  we  may  suppose]  **  have  p<nvcr  to 
imprison  lor  contempts.^'  And  as  tu  contempts 
*  in  facie  curiar,'  which  obstruct  the  proceciliiigs 
of  the  court,  it  seems  that  they  nmst  of  neces- 
sity liave  power  to  remove  ihe  cb^^truction  ;  to 
abate  the  nuisance,  and  so  is  Moor  247.  *  Si 
*■  uu  dit  al  Judge,  Magistrate,  uu  auter  officer 
'  jNiroles  que  lu}'  disable  delaire  son  office  ou 
'  fiiitautor  contempt,  il  |ientluy  imprison."  So 
too  Dean's  case,  Cnike,  KHz.  Gl\9.  '*  A  man 
may  be  imprisoned  for  a  contempt  done  in 
court  but  not  for  a  contempt  out  of  court." 

So,  too,  is  Sparkes,  and  otiiers,  r  Martin,  1 
Vent.  1.  "  The  Court  of  Admiralty  may 
punish  one  tliat  resists  the  pn)ccss  of  their 
court,  and  may  fine  and  im|)risou  for  a  con- 
tempt to  their  court  acted  in  the  face  of  it." 

So,  too.  sir  George  Newman  says,  (Proceed* 
ings  and  Debates  of  the  House  of  Commons  in 
1621,  p.  109.)  **  The  Judges  have  oft-times 
cause  to  commit  for  contempt  in  the  Court." 

If  there  he  any  principles  of  law  whereby  tha 
sufficiency  of  a  commitment  for  contempt  may 
be  judged  ot*  in  the  case  of  one  court,  it  is  not 
very  apparent  why  the  same  principles  sboidd 
not  be  applied  to  the  judging  of  the  suf- 
ficiency of  commitments  for  contempts  by 
any  other  court.  That  courts  of  Westmin- 
sU^r-hall  will  take  conusance  of  each  others 
commitments  for  contempts,  see  the  aign* 
ment  of  Chief  Justice  Vaughan  in  Bushdl'a 
case  in  this  Collection,  vol.  (>,  p.  999,  and  the 
cases  of  Astwick,  Apslcy,  and  Mihon,  cited  in 
that  Case,  pp.  i()04,  1022. 

t  Loi*d  Mansfield,  in  the  case  of  Hassells 
and  another  against  Simpson  (9.H  Doiigl.  Rep. 
in  note  2d  edit.),  8|)eaking  of  3Ir.  Justice  Black- 
stone,  warned  nis  hearers  ngainst  impUcit  re- 
liance on  great  names.  It  would  ha^e  been 
more  sat^mctory  if  Mr.  Justice  BlacJuitonc 

D 


is]  STATE  TRIALS,  32  Charles II.  \6SO.^Proceeding8agahisi  R.1%ompson:  [: 


'*  Thw  power  to  commit  results  from  the  first 
'•«  principles  of  justice  ;  for  if  they  have  power 
**  to  decide,  they  ought  to  hare  power  to  pu- 

'Bad  specified  some  particulars  of  the  *  infinite 

*  contusion  arM  disorder*  which,  he  hiys  it 
down  *  woitWft)Hoif,  if  courts  could  hy  writ  of 
*"  Habeas  Corpus  examine  and  determine  the 

*  contelmpts  of  others;'  and  had  also  mven 
some  proof  thai  this  *  infinite  confusion  and  dis- 
order must  follow,  to«;ther  i«ith  some  account 
of  the  way  in  which  it  would  follow.  For 
there  appears  not  to  he  any  absurdity  in  sup- 
posing that  the  examinability  of  conimitnionts 
for  contempts,  might  tend  to  render  those  who 
'should  order  such  commitments  more  circum- 
gpect  and  cautions  in  the  exercise  of  that  power 
tnan  othervi'ise  they  might  be ;  that  it  would 
'tend  to  render  their  respective  courses  of  pro- 
ceedings les3  capricious,  more  consistent,  and 
more  uniform,  tlian  they  othcr\rise  might  be ; 
that  in  consequence  or  those  tendencies  it 
might  probably  by  desp'ecs  produce  an  iiitcUi- 
gmle  detinite  practical  code,  respecting  con- 
tempts and  the  punishments  for  toeiii ;  that  if . 
these  consequences  should  ensue,  <  confusion  and 
disorder'  would  be  prcrentcd  rather  than  pro-  . 
moted ;  and  that,  it  from  the  operation  of  com-  ' 
petitions  for  pre-eminence,  or  erroneous  no- 1 
tions  of  dignity,  or  of  any  other  cause,  '  con-  ' 

*  funon  and  disorder'  should  in  fact  arise,  such  ' 
'  confusion  and  disorder'  probably  would  not ! 
be  Infinite,  but  might  be  speedily,  easily  and  I 
completely  suppressed  by  a  legislative  cfcfmi- 
tion  of  at  least  the  limits  of  contempts,  and  of 
the  punishments  applicable  to  them.    Predic- 
tions of  *  confusion,  disonler,*  and  other  mischief 
to  ensue  from  intcrmption  of  tlie  exercise  of 
irregular  powers,  have  not  always  been  verified. 
Wlwn  tlie  powers  of  issuing  general  warrants 
and  warrants  for  seizure  or  papers,  which  had 
been  sanctionctl  by  numerous  precedents,  were 
ouestioned  (See  the  cases  in  this  CfilliKMion  of 
Leach  v.  Money,  and  others,  a.  d.  1765,  and  of 
£ntick  V.  Carrlnston,  and  others,  in  the  same 
yea#),  many  such  predictions  were  made,  but 
since  the  exercise  of  those  |K)wcrs  has  Ihh'U  an- 
nulled, 1  have  nut  met  with  any  complaint  (except 
indeed  one  wliirh  occurs  in  sir  J(»hu  Hawkins's 
life  of  Dr.  Johnson,  but  which  is  tix)  frivolous 
to  deseiTC  noticv ;  it  relates  to  the  detention 
of  artizaos  who  attempt  to  mii^ifntte)  that  this 
annulment  has  pnxliK'cd  a  single  bad  conse- 
quence.     In   like  manner  while  the    j'.ul^es 
claimed  the  rf  1:^1  it  of  droiding  two  (pK>stiuus  of 
fiict  (f«)r  such  thc*>'  are),  viz.  tlnisc  of  '  inten- 
tion' and  of  *  tcnilmcy*  in  criminal  prostra- 
tions for  HIkjIs,  wliicli  claim  was  buppDitod  by 
liie  pn'cedi-nts  ut'  Clarke's  case,   before  l<*rd 
liaymond,  <»f  Frani'klJTi's  casi?  licfurc  the  same 
judlfu  (in  tliis  Collecliou,  a.  o.  17151.)  and  of 

'  numerous  other  cases,  it  t^ns  renenteiHy  siHtcd 

'  liymagistrates  of  tranNoei:dant  talents,  learning, 

'  experience  and  authority  (such,  tor  instances, 

av  lord  MansfWld,  lord  llimloWt'lord  Kenyon, 

and  Mr.  Justice  BulIer,).that'frtiiui(cdLHonler 

iu>d  ronfusiun  wouM  mf^/ifjvau3B  had  the 


**  nish.  No  other  court  shall  scan  the  jud 
"  ment  of  a  superior  court,  or  the  princi) 
^*  0cat  of  justice.     As  I  said  before,  it  woi 

richt  to  determine  in  such  prosecutions  a 
omer  matters,  than  the  mere  tact  of  publicati< 
and  the  application  of  tlic  inuucRdoes.  T 
declaratory  statute  3^  Geo.  .S,  c.  CO,  has  fu] 
eslabliiSheu  the  right  of  juries  in  such  cases 

*  give  a  general  verdict  of  Guilty  or  Not  Guil 

*  upon  the  whole  matter  put  to  issue  on  the  i 

*  dictment  or  inibnnation.'    This  statute  ori| 

nated  in  the  House  of  Commons,  where  1 

motion  for  the  UU  was. made  by  l^Ir.  Fox  ■ 

seconded  by  Mr.  Krskine.      Most  undoubtei 

the  success  of  the  bill  is  in  a  very  high  degi 

to  be  attributed  to  the  inflexible  constancy  i 

unremitted  zeal,  with  which  the  latter  of  th 

two  ffreat  men  had  exerteil  the  \'ast  powers 

his  eloquence  in  maintenance  of  those  rights 

juries,  which  the  statute  asserts.     And  a  m 

striking  illustration  it  is  of  the  fallibtlitvof  tv 

predictions,  as  that  of  Mr.  Justice  BladuUme 

Crosby's  case,  that  whereas,  previously  to  i 

passing-  of  the  act  of  3'i  Geo.  3,  c.  60,  disagn 

ments  and  altercations  between  the  court  and  1 

counsel,  and  the  jury,  took  place  in  a  great  pi 

portion  of  the  trials  which  w  ere  had  on  cm 

nal  prosecutions  for  UUpIj  ;  and  notwithstai 

ing  It  had  been  declared  as  we  have  seen 

magistrates  of  the  CTeatest  learning,  that  I 

establishment  of  sucn  a  system  would  prodi 

infinite  confusion  and  disorder ;  nevertheless 

it  is,  that  since  the  indisputable  (*stablishiBi 

of  this  system,  no  confusion  whatever  has  < 

curred,  the  functions  of  judges  and  juries  hi 

been  eicecuted  M'ithin  their  respective  limi 

without  any  competition  for  jurisdiction ;  to 

advancement  of  justice,  and  to  the  dimity 

its  ailministration.     The    change  which  I 

been  operated  by  the  statute  rannot  be  m 

perspicuously  stat<?d,    nor  can   its   benefw 

effects  be  more  hnppilv  illustratetl  than  in 

following  passage,  whicti  I  extract  from  a  n 

on  the  *  subject  of  the  trial  of  the  dean  of 

*  .4saph'  in  the  *  SpcechcH  of  the  honoun 

*  Thomas  Krskine'  (now  loni  Erskine),  &c.  ^ 
l,p.  332. 

"  The  venoraWe  ami  learned  Chief  Jus 

Elord  Mansfield]   nndoul)t(>dly  cstablislied 
[is  argument,  that  the  doctrine  so  sixm  af 
wards  condemncil  by  the  unanimous  sense 
the  Legislature  when  it  jkasscd  the  I/ihel  i 
did  not  originate  with  himself;    and  thai 
only  pronounced  the  law  as  he  found  it,  esl 
I  lisheti  by  a  train  of  nio<l<Tn  decisions.     ] 
I  supportcti  us  we  now  are.by  this  jndgmen 
I  Parliament,  we  nuisl  vontm*e  humbly  to  dj 
I  from  so  truly  givat  an  authority.     ^Tlie  L 
:  Bill  does  not  cnnfrr  upon  the  Jury  any  jii 
;  diction    over   thi^  luw,  inconsistent  with 
general  principle  of  the  ootuiitutiuu :  Imt  i 
bidering  that  tlvc  finest  ion  of  libel  or  no  lib 


frequently  a  questinn  of  fact  rather  than  of  I 
andf  in  many  cases  (»f  fiu^  and  law  almoat  ii 
pfffably  MeiMled  togtsther  ;  it  directs  the  Ju 
as  in  other  umcs,  to  deli?er  hit  opinioii  to 


57}       STATE  TRIALS,  Q2  Charles  II.  l6S0.^Prhilege  of  Parliament.        [38 


*-  QOOMon  the  otiiKMt  oonfunon,  if  every  court  I 
*'  «f  this  Hall  sbouM  have  power  to  examine 
"  the  eoBimkinents  uf  the  other  courts  ot'  the 
**  HaB  for  oonterapts ;  so  that  the  jud^neiit 
**  tad  cmnmitinent  uf  each  respective  court  as 
**  to  contempts,  must  be  final  and  without  con- 
^tnH.  It  is  a  confidence  that  may,  with  per- 
■^ftd  SM&ty  and  security,  be  rejiosetl  in  tlie 
■< JQ%a  aiMl  the  Houses  of  Parliament*    The 

Jaiy  upon  the  whole  matter,  inchuling'  of 
eoone  oe  question  of  libel  or  no  libel,  leaving 
Aem  at  the  same  time  to  found  their  verdicts 
vmi  such  whole  matter,  so  brought  bc-fore 
nen  m  ia  all  other  rriminai  cases.  The  betit 
to  the  apprehensions  of  the  great  and 
Chief  Justice,  regarding  tliis  course  of 
pneeediDe,  as  then  contended  tor  by  Mr.  Er- 
Aine,  ana  now  established  by  the  Libel  Art,  is 
Ibe  experience  if  seFenteen  years  since  that  a(!t 


"  legislature  since  the  revolution  (see  9  ftnd  10  • 
*'  W.  3,  c.  15,)  have  created  many  new  con- 
*'  teiiiiits.  The  ol)jectiuns  which  are  brought,  • 
'*  of  aousivc  consct|ueut'ts,  prove  too  much,  be- 
**  cause  they-  are  applicable  to  all  coui-ts  of 
*'  dernier  resort :  *  et  ab  abusu  ad  usum  non 
** '  valcnt  consequoiitia,*  is  a  maxim  of  law  as 
<*  well  as  of  logic.  General  convenience  must 
'*  always  outweigh  partial  inconvenience ;  even 

of  divers  mischiefs  b«>tli  of  slate  and  common- 
wealth." 


"  Before  the  statute  it  was  not  difficult  for 
fc  MoA  abandoned  and  profligate  libeller, 
frills  eren  of  the  most  mali^ant  slander  upon 
prrrale  men^  to  connect  his  cause  with  tlie 
gnat  privileges  of  the  Jury,  to  protect  iniio- 
i.  Upon  the  Judge  directing  the  Jury, 
"     to  the  ukl  system,  to  tincTa  verdict  uf 


^aky  npon  the  fact  of  publication  ;  shutting 
iitf  altogether  from  their  consideration  the 
fnlity  of  the  matter  published,  ingenious 
eooBiel  used  to  seize  that  occasion  to  shelter  a 
goihr  indiridnal  under  the  mask  of  supporting 
great  public  right ;  and  Juries,  to  show  that 
any  were  aot  implicitly  bound  to  fmd  verdicts 
tf  Gnitv  upon  auch  evidence  alone,  were  too 
wnoeKfully  incited  to  find  improper  verdicts  of 
■e^iaaal :  bat  anoe  the  paasmg  of  the  Libel 
iAt  whea  the  whole  matter  has  been  brought 
vwkr  fiicir  eoosideration ;  when  the  quality  of 
the  matter  published  has  been  exposed  when 
criouBai,  add  defended  when  just  or  iimoccnt, 
paries  hare  listened  to  the  .nid|^  with  atteu- 
tioD  and  reverence,  without  being  bound  in 
Aeir  consciences  (except  in  matters  of  abstract 
hw),  to  fellow  his  opiniou,  and  instead  of  that 
aaeeitainty  anticipated  by  lord  Mansfield,  the 
admioistnitiim  of  justice  has  been  in  general 
■ait .  satisfactory,  anil  the  public  uutburitv 
been  vindicated  against  unjust  attacks,  with 
■oeh  gineater  security  and  more  supported  by 
pdific  opinion,  than  when  Juries  were  instni- 
K9lB  in  the  hands  of  the  fixed  magistrates  ; 
whibt  at  the  same  time  public  liberty  has  beeu 
Mnred  by  leaving  the  whole  matter  in  all  pub- 
iefibek  to  thejudgment  and  consideration  of 
[he  people.  This  reforraeil  state  of  the  law,  as 
iti|^anb  the  liberty  of  tlie  press,  is  noiv  so 
Mivmany  acknowledged,  .  tnat  the  highest 
aipiti  atiB  have  deelared  in  the  House  of 
Lonh,  that  no  new  laws  are  necessary  either  to 
Mpport  the  state,  or  protect  the  p  •»ple." 

ar  Eilward  Coke  (Proceedings  and  Debates 
tf  the  Honae  of  Commons,  in  1620  and  IG^I, 
ViL  «,  p.  109)  predicted  that  <«  if  the  mittinius 
iftha  riny'Cdimcil  most  contain  the  cause  of 
"■     "^     ""Jt  .^wnld  hinder  the  finding  out 


*  It  seems  generally  to  happen,  that  persons, 
who  either  {>oskcsk  or  lay  claim  tu  power  of  any  . 
kind,  arc  strongly  diKposcHl  to  be  of  opinion 
that  tlicy  may  be  safely  entrusted  with  such 
po^  er.  l^us  in  our  own  liistorr,  to  omit  the 
various  instances  of  claims  on  tbe  part  of  the 
crown  to  exorbitant  power,  and  to  confine 
oursclv(^  to  a  few  judicial  cases,  it  is  not  un^ 
reasonable  to  believe  that  privy-counsellors  of 
old  thought  they  might  be  safely  intnisted  with 
the  vast  power  which  they  so  mischievously 
and  oppressively  assumed  in  the  ancient  *  Court 
of  Uequestx  ;*  that  the  council  in  James  the. 
first's  time  thought  they  might  be  satcly  in- . 
trusted  with  the  power  to  suunuon  bciure  theiil 
membcis  of  the  Ilouse  o^'  Commons,  to  com- 
mand them  to  burn  the  notes,  arguments  and 
collections  which  they  had  made  tor  preparing 
themselves  to  a  conference  with  tlie  Lords  upon 
a  most  momentous  constitutional  question, 
and  aAerwards  to  imprison  and  otherviise  to 

Imnisli  them  fur  no  other  cause  but  that  they 
lad  been  assigned  by  the  House  of  Commons 
tu  be  agents  in  such  conference  (see  Hargrave's 
Preface  to  lord  Hale's  Treatise  on  the  Jurisf fic- 
tion of  tlie  Lords  House  or  parliament,  p.  ix. 
Note.) ;-  that  lord  Bacon  thought  he  might  safely 
be  intrustetl  with  the  power  by  arbitrary  in- 
junctions to  protect  debtors  Yrom  pa^^'ment  of 
their  just  debt*;  (see  Proceedings  and  IJebates  of 
the  House  of  Commons  in  lO'JOand  lo<21,  &c. 
Oxford  1766  vol.  I.  p.  157  et  seq.)  ;  that  arch- 
bishop Lautl  and  his  coailjutors  thought  they 
might  safely  be  iutnisted  with  the  arbitrary 
power  whicn  they  so  cruelly  exercised  in  the 
Courts  of  Star  Chamber  and  High  Commis- 
sion ;  that  Chief  Justice  Kelyng  and  other 
judges  thought  they  might  be  safely  in-> 
trusted  with  the  ariiitrary  power  of  fining 
H.w\  imprisoning  jurors  (as  to  which  see  the 
<^ases  of  Penn  and  1^1  ead,  and  of  Bushcll, 
ai/f,  vol.  6,  p.  951,  999,  and  the  notes  to  those 
cases  :)  and  that  Jefferies,  Crew,  Cartwright« 
W.right,  HerlxTt,  and  Jenner,  thouglit  tliey 
m  *glit  be  safely  intrusted  with  the  power  wliicu 
as  '  Conmiisionei-s  of  Ecclesiastical  AfiiBdrs'they 
employed  for  the  purpose  of  subverting  the 
protcstant  religion.  It  is  to  be  regretted,  that 
the  learniMl  judge  did  not  adduce  any  proofs  of 
his  assertion,  that,  "  this  ct>nfidence  may  with 
|ierfect  safety  and  security  be  reposed  in  the 
Judges  and  the  H«mses  of  Parliament ;"  for 
indee<l  the  tnith  of  the  assertion  is  by  no  mean5 
self-evident.     It  is  >udicieut]y  obvious  that  thft 


991  Bl'ATE TRIALS. 32  CharlrsIT.  iSSO.'-^Proceedingi against  R.Thomp90t 


''  lAiroonng  (wlucli  in  mj  oonscienoe,  I  am 
^  fiur  from  soppoaitt^)  (ha^  in  the  present  case 
**  the  House  has  abused  its  power.     1  know, 

CMes  in  which  discretionary  uncontrouM 
power  is  moat  likely  to  be  abused,  and  in  whidi 
con«e<|aem!y  it  is  most  dangiproas,  are  thoae  in 
which  tlie  intereata  or  the  personal  feelingB  of 
the  parU;  exercising  such  power  are  conoamed. 
Now,  ir  it  be  so  indisputable,  as  the  learned 
jini^e  appears  to  haye  thought  it  was,  that  each 
ot*  the  Houses  ot  Parliament  and  that  courts 
may  safely  be  intrusted  with  a  discretionary 
nnconts-ouied  power  of  imprisonment  for  what- 
ever it  may  please  them  respectirdy  to  adjudge 
to  be  a  contempt  towards  themsefres,  in  most 
jof  which  cases  their  personal  feelings  at  least 
frill  be  concerned;  it  may  not  perhaps  be 
fbund  rery  easy  to  ahew  why  they  mignt  not 
aforiiorihe  still  more  safely  intrusted  with  the 
like  discretionary  uncontrouled  power  of  im- 
prisonment in  other  cases,  in  wnich  their  m- 
tcrcsts  and  their  feelings  are  not  concerned. 
But  I  apDrchcnd  the  learned  judge  would 
acarccly  have  maintained  that  in  such  other 
cases  they  might  be  safely  intrusted  with  dis- 
cretionary uiK'ontrouled  power  of  imprison- 
ment :  seeing  that,  in  the  first  Tohime  of  his 
Commentaries,  p.  i:^5,  when  illwitrating  "  the 
great  importance  to  the  public  of  the  preser- 
vation of  perKonal  liberty,"  he  says,  and  with 
great  tnith,  that  "  If  once  it  were  left  in  the 
power  of  any,  the  highest,  magistrate  to  un- 
prison  arbitrarily  whomever  he  or  his  officers 
thought  proper,  there  would  soon  be  an  end  of ' 
all  other  rigfits  and  immunities."  Yet  indeed 
it  is  very  easily  discoverable  that  if  a  vote  or  an 
adjudication  of  contempt  by  a  House  of  Parlia- 
ment or  a  court  be  unexaminable  elsewhere,  and 
if  the  power  of  imprisonment  ujion  such  vote  or 
fdjwlication  be  discretionary  and  uncontrouled ; 
each  Hoiwe  of  P^liamcnt  and  each  court  pos- 
sesoes  a  discretionary  and  uncontrouled  power 
of  imprisonment  for  every  action  and  every 
(Mnission  of  a  man's  Itfe  ;  naj^,  for  the  bare  un- 
proved imputation  of  any  action  or  omission  ; 
nay  even  without  the  nnputation  of  any  speci- 
fic actor  omission.  «<  If"  as  Mr.  Haigrare 
p  Jurid.  Aig.  and  CoQ.  16)Tery  forcibly  states 
it^  '*  the  doctrine  of  contempts  be  thus  wide  ; 
if  the  House  of  Lords  or  Commons  or  the 
Court  of  Chancery,  or  any  of  the  great  Courts 
of  Westminster  IJall,  may  construe  what  they 
please  into  contempts,  and  may  under  that  de- 
nomination without  trmhby  jur}'  convict  all  per- 
■ons  of  crime,  and  have  also  an  indefinite  power 
of  punishing  by  fine  and  imprisonment,  and  if 
aB  this  when  done  be  thus  unajipealableand  thus 
vnexaminable,  what  is  there  out  their  own  wis- 
dom and  moderation,  and  the  danger  of  ubusing 
80  afhitrary  a  imiwct,  to  prevent  the  House  of 
Ijords  «r  the  House  of  Commons,  or  any  court 
of  Westminster  Hall,  under  she'ter  of  the  law 
'of  contempts,  from  practising  all  the  monstrous 
tjrcanny  which  first  diKgraced  and  at  laigth 
•Ifarwhdmed  the  i^tar-Chambcr  ?" 


I 


<*  and  am  sure  that  the  House  of  Coi 
''  are  both  able  and  weD  inclined  to  do  j 
<*  How  prspostsrout  ia  the  present  m 

Indeed  the  Homae  of  CommoDs  hai 
manifyted  a  very  laudable  iealousy  of 
comnutaenta  by  others.  While  tne  e 
16Car.<l,  o.  lOy  waa  in  its  passage 
House  reaolrodf  (see  hird  Camden's  jud 
in  the  Caae  of  Entick  asainst  Carringt 
others,  a.d.  1765,  in  tSa  Collection), 
the  body  of  the  Lords  of  the  Council,  n 
one  of  tnem  in  particular,  as  a  privy  coui 
has  any  power  to  nnpriaon  any  treehoi 
ject,  except  in  auch  cases  aa  they  are 
rized  by  the  statutes  of  the  realm.'' 
all  one,"  says  lord  Hale  (Jurisdiction 
Lords  Houseor  Parliament,  p.  10?),  ''  t 
a  law,  and  to  have  an  authoritative  po 
judge  according  to  that  which  the  judge 
fit  siionld  be  law,  though  in  truth  there 
law  extant  for  it." 

How  far  the  condusion  against  the  tr 
the  learned  judge's  tiiftum^  to  which  th 
ceding  considerations  appear  to  lead,  hi 
fortified  by  experience  l  cannot  under 
affinn,  because  I  have  not  been  able  to  e^ 
so  extensively  as  that  would  require  i 
precedents  upon  the  subject :  but  if  thi 
cise  of*  this  discretionary  power  ahall  \n 
to  have  been  at  all  analogous  to  the  exei 
other  sorts  of  uncontroul^  discretionary 
as  recorded  in  our  history,  the  prccedei 
certainly  not  corroborate  sir  William 
stone's  gratuitous  assertion.  I  will  n 
a  few  cases.  And  first  au  action  of  t 
brought  in  parliament  in  18  £d.  t. 

*Mnan  action  of  trespass  brought  i 
liament  in  18  £d.  1.  (as  was  then  the  pi 
by  the  king,  the  king's  steward  6of  his 
YvM)  Peter  de  Chanet,  the  king's  mars 
his  household)  Walter  de  Fanecourt,  the 
Cornwall  and  the  abbot  of  Westminster  \ 
the  prior  of  the  Holy  Trinity  in  Londi 
Bo^  de  Clare,  (or,  as  the  record  express 
which  the  two  latter  persons  were  attac 
ans>ver  the  five  former)  for  that  tlie  sai 
served  an  eoclesiostical  citation  upon  the 
Cornwall  as  he  was  going  through  Westi 
Hall  to  attend  the  parliament  according 
writ  of  summons  he  had  received,  by 
citation  tlic  earl  was  oomnumded  to  ap| 
such  a  day  at  such  a  place  before  the 
bishop  of  Canterbury,  and  the  said  Ik 
Clare  procured  the  said  prior  to  serve  t 
citation,  which  serving  the  laid  citation 
to  have  been  in  contenii»t  of  the  lord  thi 
and  to  his  disgpraco  of  10,000/. ;  also  t 
been  to  the  prejudice  of  the  ecclesiastics 
cbise  of  the  abbut  of  Westminster  grant 
by  the  court  of  Rome,  by  which  Westi 
Hiill,  as  being  within  the  jurisdiction  > 
abbot  of  Wei^iinster,  is  cxem|vted  Ir 
jurisdiction  episcopal  or  archiepiscopal, 
the  abbot's  danmge  thereby  of  1,000/. 
hare  been  to  the  preindioe  of  the  office 
atewird  and  mamal  (of  the  king'a  hoQi 


u]       STATE  TRIALS,  SSCilABLls  II.  l6W>.—Pririlegt  t^  ParUamtnt.         [iS 


'tat  Mtm^uDt!  Hm  Hoom  of  ComiiMwa 
'■  knc  litis  pnwer  only  in  caminoB  whli  all  tike 
"MMtorWatmiiuter-IbU;  andifBiiytKr- 


tM  M  the  (bnwoc  of  llw  «rl  of  Comwall 

tmUte  bet,  urf  pat  thansdrei  npoa  the 
la^n^c]'.  And  jndgincBtM  gi*en  ■ninit 
itwitutitey  be  commiaed  to  tbe  Tower 
^nftbelunff's  pkanre.  AAenranIi  Bogo 
ttOM  m  tmeA  to  die  kmg  in  9,000  marin, 
(ipMHBi  BOW,  in  thoae  4lm«airor~— 
mi)a4tfne»ta  gay  ijOOS3l.  damagm 
■frfCnnwaU  ftr  the  tmpMi  comi  .  _ 
fma  Iwn.  which  the  eeri  of  Contrail  it  the 
iMaceof  the  biahopa  of  Ely  and  Diafaan, 
■<wh«r  gTPWt  men,  afterward*  remitted  ox- 

m^  100/." 

IMWT  eariy  caK  ia  tbu  ef  John  deNorth- 
■^  rdencd  to  id  the  Appendix  (E.)  (An*- 
%)B  dte  Report  heforc  lu-  Th«  man  waa 
''^fney  of  the  Court  of  Kiiic'a  B<acb,  (to 
■M  CKumatanee  attentiaB  tbooU  be  given 
'»ttaaltnaf[  the  eaae  aa  an  aothnrity),  anil 
tewetinea  of  the  judget  of  Uiat  court,  that  | 
^UiadepcDdenreenou^iDal  tOMBWa^ed  i 
^Njal  nmunaniU,  he  nrmi  ailjndg«d  in  10  doing 
■*bu«beeB|(uih}-of  a  contempt  of  the  court. 


'  KMu  may  be  aafely  tnwted  with  Ihii  power, 

■  tli«y  muat  sarcly  be  the  Commopa,  who  ara 

■  chi»en  by  the  people ;  for   their  privilege 


paased  upon  Fioytle  may  be  seca  at  vol.  3,  p, 
11.^3  of  Uiiit  ColleL-tion,  m  a  brief  report  of  hia 
caae,  wliich  appears  to  have  boon  tliroughout 
a  tlMue  of  irreKularit)-,  luurpation,  and  op- 
pteanao.  In  iUmtrattuu  of  tlie  tupic  noir 
under  eonuderation  I  will  subjoin,  at  the  end 
of  this  Cue,  aome  pauaues  respecting 
Ployd  which  occnmil  in  ihe  House  ot  Com' 
aaona,  together  with  lord  Oxford'i  rcprobalkni 
of  (he  mmwodinga  in  the  case. 

JnHidiai'a  Caae,  1631,  (aee  a  bctef  re. 
port  of  it,  vol.  9,  p.  1131,  of  tbia  Collection,) 


the  Uouae  of  Commons  took 


upon  tl 


into  imiloily, 
■■i  was  oUig«d  to  find  nainpemer*.  Itord 
Me  Am  rdalea  tliecaae,  with  Huie  eonfu- 
Mtof  JahBiodHobert. 

ICr.  18  £.  3,  ronm  rtgt  Jtot.  151.  LUtlUm. 
Ma  de  NonhamptoD,  an  attorney  of  the 

KiagVBMch,  wrote  a  letter  to  John  Ferrers 

Mfrfihekiw'Aeounael,  that  neither  sir  Wra. 

tecMrfjuUcc,  nor  hii  fetlowsthe  kinggjus- 
■n^  ear  their  cletka,  any  great  thing  would 
di  t^  tte  eonmuuidiDeDt  oTour  lord  £c  lung-, 
^■f^wes  PUlipi  ia  that  place,  more  then  of 
MT  nv  of  the  rcabn  i  which  nid  John  being 
oM.  enfcsaed  the  eaid  letter  by  him  to  be 


^ per  se  acr^tam  Roberto  dc 

Ffnm,  ya  4<  <k  concilia  regis,  qiuc  litera 

— = — ■  — ■■ —   — ^*"-in:    pnetextu 

etjuatidarioa 


r  prineev  to  be  a  brcBoh 
Mir  Men  prrvflems,  or  a  contempt  Iawai4 
■*as  Wl  *•  Mnk  •Mlcwe  «Urii  Ihey 


•■  IW  he  abmiU  be  h^  onwmthy  to  be  • 
jnatice  of  the  peace ;  and  be  dedarml  dimUe 
and  nnworthy  to  be  of  that  eommisitoo,  or  any 
other  w^Mtaoercr.  To  be  lent  at  two  of  (be 
clock  in  the  aftenooi  to  tiie  Tower  Ihroi^ 
the  Hreel  on  foot."— He  wa*  pardimed  to  hare 
•ay  forthcr  punisbment,  in  respect  of  hia 
&iher's  worth,  who  was  aecretary  to  Walstngf- 
ham,  and  sutfered  much  for  religion  in  queen 
Mary's  time,  and  wiis  then  held  to  be  »  very 
honest,  reli^iu  gentleman  \  And  so  MicheU 
was  railed  tii  the  hw  to  h«ar  Ills  sentence  on  hia 
knee.— ADer  uaitcncc  oaaced  he  desired  to  bn 
heard,  but  it  was  denied. 

Mr.  ChanceUor  of  tlie  Dulcby.  That  b« 
might  be  heard  oAcr  juilgmpnt,  so  as  it  he  ai> 
bumble  suit ;  or  any  thing  not  concerning  the 
sentence  given  by  lUc  Huuke. 

Sir  Edaiard  Cookf.  Tliat  he  ought  not  \a 
be  heard  afW  judgment :  And  so  it  was  agreed 
by  the  Vole  of  the  whole  House. 

In  the  same  year  the  House  of  Lords  sen> 
fenced  John  Blount  (tliis,  Mr.  Hargrave,  Juri- 
dical Arguments  mid  Collections,  197,  tells  ui 
is  the  first  privilege  precedent  he  flod*  fiir  im- 
priNonment  for  a  ti-rin  rertnb  by  Ihe  Lords)  (o 
the  pillury,  and  to  imuriionment  and  labour  in 
Bridewell  for  life.     His  offence  was  ROunter- 

It, 

the  Lord. 

Keeper  (thia,  Mr,  Margrave,  ub.  tup.  tells  u*  is 
the  nisi  privilege  pnM^ent  of  a  line  l^  iha 
Lords)  (o  a  fine  of  1,000/.  and  the  pillm}'. 
Two  olher  cases  I  will  n![iort  in  the  words  of 
Mr.  Hnrgrave,  (Prefiire  to  lord  Hale's  Tmct 
on  the  Juiisdir.tioiiof  the  Lords'  House  or  Par> 
liament.) 

"  Another  case,  in  which  judicature  aa  be< 
twcen  the  two  Hoiihch  became  the  tubjeet  of 
eoiisitle'ation,  ocrurrcil  soon  aAer  the  impeach, 
mcnt  of  lord  Clarenilon.  It  arose  on  petition 
to  the  Common*  from  a  BIr.  Fitton,  oomplain. 
ing  of  some  eierwc  of  jiirisdirtinn  by  thtt 
Lords :  and  on  a  report  of  ihe  case  from  a  ootn. 
mittee  that  the  matter  nf  jurisdiction  was  flt  ta 
be  aivued  at  tliu  bar  of  the  House  of  Commonf, 
the  House  ^luuinteil  a  day  to  hear  it  accord. 
in^y,  andat  tnesame  time  appointed  a  oan> 
nuncoto  iwiuire  into  prcoedents  in  casea  af  « 


43]  STATE  TRIALS,  32  Charles  II.  ^SsO^^Proceedmgt  agamai  R.  Thomptcn:  [44 


**  and  powers  are  the  privile^speR  and  powers  of 
"  the  peoj^e.  There  is  a  threat  lallacy  in  my 
«*  brottier  Glynn's  whole  arf^ument,  wlien  he 
"  makes  the  question   to  bi*,    Wliether    the 

like  kind  ;  and  amongst  the  C<»mmittee  were 
nani^d,  solicitor  j^reneitil  Finch,  aftcrwanls  lord 
eliancetlor  Nottiiifjfliain,  Mr.  Serjeant  Maynard, 
Mr.  Vauyfhan,  atWwanls  loi-d  chief  justice, 
and  Mr.  Pr\'nne  ;  and  tlie  thi'ce  latter  were  de- 
sired to  tiike  s^iecial  care  in  the  business. 
What  was  the  prf^ci^. nature  of  this  case  of 
Mr.  Fitlon,  is  not  Rtaled  in  the  Journal  of  the 
Commons  or  in  the  piiiitcd  account  of  the  de- 
hate.  Dut  from  various  entries  in  the  Journal 
•f  the  Lc»rds  tlie  substance  of  the  case  appears 
on  the  whole  to  have  been  to  thi!«  (^tfect.  Mr. 
Fitton  and  three  others  had  been  fornierly  pm- 
ceede«l  a<^ainst  l>cforc  the  li<»rds  for  contriviiijcf 
and  publish ins^  a  libel  upon  lonl  Gerrai'd  of 
Brandon  ;  and  the  1  jonls  in  July  1063  had  sen- 
lencc<l  Fitton  in  a  fine  of  500/.  to  imprisonment 
in  the  Kinuf*H-Ik?ncli  prison  till  he  should  pro- 
duce AbraTiain  (j  ranger,  whose  name  was  to 
the  libel,  and  to  fuid  securities  for  gfood  bclui« 
▼iour  during*  life,  with  direction  to  the  chief 
justiire  of  the  Kinjif^s- Bench  to  take  such  secu- 
rities. Uufler  this  sentence  in  a  case  at  least 
mixeil  with  privilege,  Fitton,  noiwitlistanding 
a  pronigation  of  parliament,  which  confcsserlly 
terminates  imprisonment  by  the  House  of  Com- 
mons in  privilege  ceases,  still  continued  in  pri- 
son ;  and  one  ^Villiam  Carr,  on  his  owning  the 
lame  libel  and  his  having  dispersed  it,  liad  been 
recently  ailjudgcd  by  the  Lonls  to  pay  a  fine  of 
1,000/.  and  to  iuiprisonment  in  tlic>  Fleet  during 
the  king's  pleasm*e,  and  to  the  pillory.  Being 
Wh  thus  imprisone<l  by  the  I/onls,  Fitton  and 
Carr  resorted  by  several  jielitions  to  the  C'om- 
mons  for  reliefs.  A  Committee  was  appointed 
upon  Carr*s  petition  as  well  as  upon  Fitton's. 
However  no  report  appears  to  have  been  ever 
made  u{)on  the  [letition  of  Carr,  and  what  Ik.*- 
camc  of  his  case  is  not  mentioned,  except  that 
three  years  afU^rwards  he  published  a  relation 
of  it  and  of  his  sufferings,  with  a  plea  against 
the  jurisdiction  of  the  Hcuise  of  Lords.  But 
Fitton's  |H'tition  wsls  re[)oi1ed  u|Mm  as  fit  for 
solemn  arginneut  at  the  bar  of  tbe  IIoiLse  of 
ComuKKis  as  to  the  jurisdiction  of  the  House  of 
Lords,  and  >vas  ordercil  to  be  argued  accord- 
ingly in  the  manner  before  mentioned.  It  ap- 
|Mears  also,  that  the  oiLie  was  argued  at  the  bar 
of  the  Coumions  by  Fitton*s  counsel  Mr.  Offley, 
who  said  some  strong  things  against  the  juris- 
diction oftlie  Ijords,  but  is  reproa(*hi>d  with  hav- 
ing so  closely  lM)rn)we<l  from  a  prior  argument 
of  the  solicitor  general  Fincli,  afterwards  lord 
chancellor  Nottioghuni,  at  th<'  bar  of  the  Lords, 
though  in  what  ease  is  n<<t  nu^ntioiied,  as  to 
havemdueeil  the  latter  to  leiive  tlie  Conunons. 
When  the  argument  was  <iver,  the  del>ate  was 
ai\joumed  for  a  week,  liut  the  Journal  of  the 
Commons  is  silent  as  to  any  further  pnK'ce^ling 
ui)on  the  case,  i^nibablv  ibis  ejise  became  ab- 
Borbetl  in  the  consideratum  of  tlur  great  case, 
which    aimobt    immediately    ioUowcd,    and 


"  House  hive  acted  according' to  their  right  or 
'*  not  ?  Can  any  good  man  diink  of  involvii^ 
"  the  judges  in  a  i*ontest  with  either  House  sf 
"  parliament,  or  with  one  another  ?  And  yet 

^ ■ 

brought  the  two  Houses  to  a  direct  issue  on  one 
great  branch  of  the  jurisdiction  claimed  by  the 
Lords  but  ilenied  by  the  Commons :  or  perhaps- 
tlie  Commons  thought  this  case  of  Fitton  aii4i 
that  of  Carr  too  much  mixed  with  contempt' 
and  breach  of  privilege  to  be  convenient  casH 
to  make  their  stand  ujion.  However  these  twa: 
cases  should  not  be  foi'gotten.  Eitlier  they< 
were  cases  of  breach  of  privilege  and  contempt, 
or  they  wei-e  not.  If  they  were,  the  contion-' 
ance  ot'  imprisonment  af\er  the  prorogation  af 
parliament,  the  fining,  and  every  other  part  afi 
the  sentence  in  both  cases,  became  disputaUar 
for  it  may  be  aske<l,  how  on  breach  of  privilCiM' 
are  the  Lords  warranted  to  do  moretlian  can  la 
done  by  the  Commons  in  a  like  case  ?  On  tfaa 
other  hand,  if  they  were  not  cases  of  privily 
and  contempt,  then  the  proceedings  of  tneLoirii 
ajgainst  Fitt(»n  and  Carr  were  oiten  to  the  objee*' 
tion  of  an  exercise  by.  the  Lonls  of  an  original 
jurisdiction^  over  crime,  of  having  ailjudged  a 
coniiuoner  for  misdemeanor  without  impeach- 
ment of  the  Commons  or  the  verdict  or  jury, 
and  of  having  so  expressed  the  imprisomnaal 
|>ai't  of  their  stintence  in  both  cases  as  to  make 
It  imprisonment  for  life,  that  is,  in  Fitton's  mi* 
less  they  should  interirase  to  declare  it  termiB* 
ated,  and  in  Can's  iwless  the  king  should  pleaaa 
to  determine  it.  To  some  of  these  objecikNii 
Mr.  Offley  did  in  effect  advert  in  argiung  Fifr^ 
ton's  cas-e.  In  remarking  also  upon  the  coo- 
sequence  of  such  an  exercise  of  criminal  jun^ 
diction  by  t!ie  peers,  he  nointedly  said,  *  tha 

*  juri.s<liction  of  the  Star-Chamber  is  now  trans- 

*  JTormed  into  the  House  of  Lords,  but  some- 

*  what  in  a  nobler  way.*  It  did  not  occur  tn 
him  to  add,  that  the  jurisdiction  of  the  Star- 
Chamber,  though  justly  odious  both  for  tkic 
mode  of  trial  and  the  excessive  punishments  il 
had  inflicted,  and  therefore  wisely  diolished, 
was  in  some  degree  sanctionefl  by  the  8ta*atei 
of  the  realm  :  but  tliat  it  remained  to  explain, 
how  the  House  of  Lords  had  obtained  the  Ufa 
or  any  other  sufficient  sanction  for  exercising 
the  same  jurisdiction  ;  and  how  it  could  U 
proptT  to  tolerate  that  in  an  hereditary  kind  o 
Star-Chaml>cr,  without  the  sanction  of  statute 
and  without  any  other  limitation  than  such  ai 
their  own  moderation  should  prescribe,  whu4 
the  legislature  had  so  indignantly  abolished,  ii 
the  case  of  a  court  sanctioned  by  statute  am 
not  pretending  to  adjudge  crime  of  a  highei 
oifler  than  misdemeanor." 

It  may  be  (|ucstioiied,  whether  in  answer 
to  what  has  been  stated,  it  will  be  Uiought  suifi< 
cient  to  alledge,  in  support  of  Mr.  J  ustice  Black 
stone's  assertion,  that  the  moderation,  tlie  up: 
rightness,  the  intcgiity,  the  regard  to  jiistici 
and  to  rational  lil)erty,Vhich  now  character«< 
the  procfx.'dings  of  our  Houses  of  Pariiameq 
and  of  our  Courts  affoixl  us  security,  that  siniifau 
proceedings  will  not  hcrcailer  occur. .  WluU  Im 


n'ATE  TOIALS.  32  Cbablbs  II.  \6s6.~Priviltge  of  Parlianimt. 


bee  Mtb  i 

mnm  ii  the  only  judge  uf  i1 


mtv  be.  Lmws  Are  nrovideil,  uU  the  insti- 
iviateirty  are  establinbod,  nnt  upon  con- 
c  of  tlu  eoud  vhtch  we  hope  men  will  du, 
naporeb^nuEnortbecTil,  which  we  know 
nj  Jo.  True  il  ii,  llierc  is  no  immediate 
ti  upteheniriuD  tlmt  mrn  will  be  net 
far  pUurv  and  (.-oDdeniiipd  to  liord  labour 
('■  ftgaot.fur  couaterfcltinif  aliOrd'spro- 
D :  bat  that  most  [mwerfuf  ad^ot-ate  fbr 
Mk  ronsiitullonal  ii;uvcTincnt,  Sir.  Burke 
ftaioalbeCausesofthel'resentDin^ou- 
,  bu  left  lU  most  whnlesoTDc  wan]in|r, 
tpiUc  liberty  will  be  among  ua,  ns  ainou|r 
Mefton,  obooxiuui  to  «ome  )i«rson  or 
;  udilut  opiMjrtunitiesMillbelumiiilied, 
efting  U  KBEt,  Bomc  ultcralion  to  the 
Eee  of  uar  eouBtttutitni.  These  attcmjitii 
MnHjr  Tsiy  in  their  mode,  acconling  tu 
■4 rirrmiislaiKes.  Forambition,  though 
mr  the  same  yvneral  vIeivE,  has  nut  at 
wtbe  taiae  means,  nortlic  sanieparticu- 
fKCt.  A  (Treat  deal  of  the  lumlltire  of 
nnnnnv  la  worn  to  rai^ ;  tlie  rest  is  en- 
Mt  <if  ttihioB.  Besides,  there  are  lew 
■tofo  T«ry  clumsy  and  awkward  in  their 
!«  ulo  rail  into  the  identiisl  snare  whii'h 
!vi*d  fatal  to  their  preOec(»Bora. 
fben  ao  aHiitrary  imnosition  is  attempted 
the  Mibject,  undoubtedly  it  will  tot  uear 
ferelKad  thenaraeurSbiii-monev.  There 
tot(er  that  an  extension  of  the  forest 
rinold  be  the  cboten  mode  of  opprea- 
■ttil  Igv.  And  when  we  hear  any  in- 
•rf  miniMerial  rapncitv,  to  the  prejiidiec 
mn^tuaf  private  lite,  It  will  rertahilynot 
•  oacnoD  ut'  two  luimlred  [iiiHRtu  I'ruui  a 
■  •Tfaslii'iii,  for  lisiTe  lu  lie  witli  her  own 
ad."  r  L'siir  HuironiM  de  Nerit  dot  Domino 


Domino  Sim  llii)^ 


iij^iiG  d 


cSlcvill. 
I  de  Snnlnn)  At-  <viituiii  jinllinis 
c  Hnip>  de  eeiituin  {faliinlK  ndile^idifi 
caput  Ua»dra;rcsima> ;  etsiquie  ilbirmu 
t  wl  tune  reddendo,  redduitur  ud  pruxl- 

Paseh.  Rut.  fin.  6.  J.  m.  S.  dorsu.] 
'.Ttrr  KXc  has  it  mm  uiBitners  and  its  po- 
Irpeadi-nt  upon  them  ;  and  the  some  al- 
1  will  not  be  made  against  a  conslilution 
farmed  and  matured,  tliut  weri-  useit  to 
y  il  in  tlie  cradle,  ur  to  resist  its  yrnwtli 
f  itiiDraDey. 

Igainst  the  being  of  parliament  I   am  sa- 
il* irwa»  bare  bceu  ever  I'niertaiiied 
Aaicvounian-      Every  uiut  must 
^MkbalmiiiHv  the  interest  of  tlic 
MM^  HMMrid  etuue  interposed  between 
SI  and  the  people.     The  i^entlemen 
■■e  of  Conmitn*'  have  an   interest 
^n(  in  aiutaining  the  part  of  that 
It  caiiM.     However  they  may  hire 
iftan  of  their  voices,  they  Dtver  iviJ 
hi  Sm  uid  inlrenmnce. 


"judges  in  this  point,  but  we  must  be  gorenisj 
"by  the  eleven,  and  not  by  the  single  one. 
'*  It  is  a  right  inherent  in  aO  supreme  courts ; 
"  the  House  of  Coinninns  have  always  exer* 
"  cised  it.  Little  uicc  objections  of  particidar 
"  words,  and  forms  and  ceremoaics  of  execU' 
"  tier,  arc  not  to  be  regarded  in  the  acta  of  tha 
"  House  of  Commons;  it  is  our  duty  to  pre- 
"  aume  the  orders  of  that  House,  and  (heir  cxa- 
"  eution,  nre  acconling  to  law.  The  Habeas 
"  Corpus  in  Sliirmv's  Case  v 
"law.     Ic< 


LT  entirely  with  my  Lord  Chief 


1771.— Oliver's  Case. 
And  in  Mr.  Alderman  Oliver's  Case,  argaeil 
in  the  Court  of  Exchequer  on  the  27th  of  April 
1T71,  the  tour  judges,  CbierBBrunFoi'ker,  Mr. 
Baron  tjuiythe,  Mr.  Baron  Adams,  and  Sir. 
BaroD  I'errot,  unanimnusly  acknowledged  in 
like  manner  the  right  of  tlie  House  of  Cooi- 


1709.— Dumford  and   East's  Report*,  K.  B. 
Book  8,  p.  314. 
Flower's  Case.f 

In  the  case  of  Flower,  comraitt^  by  the 
Huiiie  of  Ijonls,  t'ur  a  liliel  nn  the  Usliap  of 
I^audatr,  on  his  being  broiit:ht  up  to  the  King's* 
Bench  npnn  Flabeas  Corpiks. 

Lord  kenyon,  Chitf  Justice,  said—"  If  we 
"  entertained  any  doubts  u[)on  this  aubjcO,  it 
"  would  be  uiibecomuig  iu  us  to  lusli  to  a 
"  ipecily  docisioD  n-itbout  looking  through  aU 
"  the  cases  cited  by  the  di^fendant's  oounsel; 
"  but  nut  having  any  doubts,  1  think  it  best  ta 
'•  <li!4>usc  of  the  case  at  ouce.  The  cases  that 
"  have  been  referred  to  arc  all  coUerted  in  lord 
"  Hale's  Treatise  on  the  Juriiidictiun  of  the 
*'  Lords'  Fluuse  >>f  |>arlinmoiit,  and  lliat  valua- 
"  lile  I'relace  to  it  iniblished  by  Air.  Hargrave ; 
>'  but  iii  tltc  whole  ot'  that  puUication  the  de> 
"  feiulaiit's  counsel  hns  luit  found  one  case  ap- 
■'  plin^le  tu  the  present.  This  is  one  of  the 
"  pluiiu-st  <|iicsil<nui  that  ever  was  discussed  in 
"  a  court  of  law.  Siuiie  tilings,  however,  have 
*'  drup|tt:d  from  thu  learned  counsel,  lliut  re- 
"  iiiiirc  aj)  anHwer: — First,  it  is  said  that  the 


'*  Acc(inlin<>ly  those  wlio  have  been  of  the 
mnstkniiwiiilevotiou  tu  the  will  aud|)lcasure 
of  tlieoiurt,  bavi'nl  tite  same  time  been  the 
must  tbrwuni  in  asserting  un  high  authority  in 
the  House  Iff  Ciimmoiix,.  When  tliey  knew 
wlui  weretnusc  tliat  BUtliority.and  how  it  waa 
to  Ih'  euiploynl,  thcv  thought  it  never  eould  be 
carrii'il  tiH>  far.  It  must  be  a'ways  the  wish 
uf  an  uneonMitutinnal  statesman,  that  an 
House  uf  Commons  who  are  entirely  depen- 
dant upon  him,  sIkiuIi)  bave  every  riglil  of  the 
lieoplc  dcjMUidont  upon  tlieir  pleasure." 

*  ^<ec  Mr.  Uargravc's  oliscn'atipiu  on  Ihi* 
case,  1  .lurid.  Arg.  and  Coll,  17. 

t  tk-e  litis  Case  heieBncr  iu  this  CoIInc- 


47]  STATETRIALSt  32  Citarlss  II,  \6V>.^Prouedhgi tgmmgi  R.  Tha^VBon:  (i 

IC    Tt^^^^   ^^V    ---»-   :^    ^m^  A    ..^M.^    ,M^..<w.M.^  .    aL.^«         ((    Alan*     *Ua    Utf^noA  aI*    Y  mmAa    X^.mmm  ma*     «l..i>   -     - -- 


*'  Home  of  Lords  it  not  a  court  of  record :  that 
**  the  HoQie  of  Lords  wheo  exercising  a  legis- 
«'  ktire  capacity  is  not  a courtof  record  is  un- 
«<  doubtedly  true;  but  when  sitting  in  ajodi- 
«'  dal  capacity,  as  in  the  present  case,  it  is  a 
«« court  of  record.  Thai  it  was  objected,  that 
<«  the  defendant  was  condemned  wiUiout  being 
<*  heard  in  his  defence :  but  the  warrant  m 
**  oommitmcnt  funusbes  an  answer  to  that ; 
*'  by  that  it  appears,  that  *  he  was  informed  of 
it  <  the  complaint  made  against  him,'  &c.  and 
«*  having  been  heard  as  to  what  he  had  to  say 
«'  in  answer  to  the  said  compbiint,  &c.  he  was 
•(  adjudged  *  guilty  of  a  high  breach  of  the 
<* '  privueges  of  the  House,'  Stc,  so  that  it 
**  clearly  appears  that  he  was  heard  in  his  de- 
*  ftntfe,  and  had  tlie  same  opportunity  of  call« 
**  mg  witnesses,  that  erefv  other  defendant  has 
f^-in  a  court  of  justice.  Then  insinuations  are 
<<  thrown  out  against  the  encroachments  by  the 
«*  House  of  L«rds  on  the  liberties  of  the  sub- 
«<  jeot :  but  the  good  subjects  of  this  coimtry 
<'  feel  themselves  protected  in  their  liberties  by 
•'  both  Houses  of  parliament.  Government 
«*  rests  in  a  great  ciegree  on  pubVc  opinion  ; 
**  and  if  ever  the  time  shall  come,  when  fac- 
*'  tious  men  will  overturn  the  government  of 
<<  the  country,  they  will  begin  their  work  by 
**  calumniating  the  courts  of  justice  and  both 
•<  Houses  of  iMtrliament. 

**  The  ground  of  this  proceeding  is,  that  the 
**  defendant  has  been  g^lty  of  a  breach  of  pri- 
^  vileges  of  the  House,  and  a  contempt  of  the 
«*  House.  This  claim  of  right  to  punish  by 
*^  Ane  and  imprisonment  for  such  an  offenre,  is 
<*  not  peculiar  to  the  House  of  Lords ;  it  is  fre- 
**  ipieiitly  exercised  by  this  and  other  courts  of 
**  record,  and  that  not  merely  for  contemiiti} 
**  committed  in  the  presence  of  the  court:  One 
**  instance  of  which  was  that  of  Mr.  Beard- 
«*  more*,  under  sheriff  of  Mi<ldle8ex,  for  a  con- 
*'  tendpt  of  the  oourt  in  not  executing  part  of 
<(  the  sentence  pronounced  on  Dr.  Slicbbeare. 
«*  And  tliat  case  answers  another  objection, 
«<  strongly  insisted  on  by  the  defendant's  coun- 
•(  sel  here,  that  if  the  party  accused  can  be  pu- 
«*  nished  in  any  other  manner,  tliis  moile  of 
«*  trial  cannot  be  resorted  to ;  for  there  Mr. 
**  Beardmore  might  have  been  indicted,  but 
**  yet  he  was  attached,  examined  upon  inter- 
•*  rojpitories,  and  fhied  and  imprisonea.  Again 
<*  it  IS  objected,  that  the  House  of  Lords  cannot 
*^  impose  a  fine  for  such  an  offence :  but  this 
*'  ana  other  courts  of  record  have  the  power  of 
«  finine  in  this  summary  manner ;  and  why 
<<  should  not  the  House  of  Lords  have  the  same 
**  power  of  imposing  a  fine  for  a  contemjit  of 
•*  their  privileges?  Then  several  instances  were 
**  alluded  to,  where  the  House  did  not  choose 
<*  to  exercise  this  privilege,  but  directed  urose- 
*^  cntions  to  bo  instituted  in  the  courts  of  law. 
•<  The  same  ol>servations  might  equally  be 
<'  made  on  the  proceedings  of  this  court,  who 
'*  have  sometimes  directed  indictments  to  be 
«  preferred.    We  are  not  therefore  to  conclude 


mm 


♦  Vide  «  Burr.  792. 


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that  the  House  of  Lords  has  not  the  pow 
of  inflicting  this  punishment,  from  the  ci 
cumstance  of  its  not  exercising  it  on  all  oec 
sions.  When  lord  Shafleobury's  Case  can 
on,  there  were  some  persons  who  wished 
abridge  the  firivilMfcs  of  the  House  of  LorA 
but  Mr.  Serjeant  Maynard  was  one  of  the 
who  argued  in  support  of  their  privilege 
and  he  surely  was  not  capable  of  concma 
in  any  attempt  to  infringe  the  libertiee  bfu 
peoi>ie.  It  has  been  said,  however,  lb 
though  many  instances  arc  to  be  found  i 
which  tlie  House  of  Lords  has  in  poinli 
fact  exercised  (his  power,  whenever  lb 
power  has  been  resisted  it  lias  been  reairti 
with  effect ;  from  whence  it  is  inferred,  th 
the  House  of  Lords  has  not  the  authodl 
which  it  assumes :  but  in  this  case  I  m 
avaO  myself  of  the  same  ailment  in  &voi 
of  its  jurisdiction,  for  no  case  has  been  Iba 
where  it  has  been  holden  to  be  ilkgaJ  in  tl 
House  of  Lords  to  6ne  and  im]irison  a  peiM 
guilty  of  a  breach  of  i>rivilege.  Wc  WV 
bound  to  grant  this  liaheas  Corpus  ;-b 
liaving  seen  the  return  to  it,  we  aixi  bound ' 
remand  the  defendant  to  prison,  because  tl 
subject  belongs  to  '  alind  examen.'  Then 
nothing  unconstitutional  in  the  House  i 
I^rds  proceeding  in  this  mode  for  a  bren 
of  priv-uogc ;  ana  unless  we  wish  to  asakti 
the  attempt  that  is  made  to  overset  the  Ll 
of  Parliament  and  the  constitution,  we  ni 
remand  the  defendant." 
Grose,  J.—"  This  question  is  not  new; 
has  frequently  been  coiisiden*d  in  couitii 
law ;  aud  the  principles  dLiciissed  to-dv 
and  the  rases  cited,  were  examined  not  mai 
years  ago ;  aud  the  result  is  very  ably  slift 
by  Lord  Chief  Justice  I>e  Grey,  m  3  Wl 
199.     *■  When  the  House  of  Conunoos  (a 

*  the  same  may  be  said  of  the  House 

*  Lor' Is)  adjudge  any  thing  to  be  a  cuotem 
'  or  a  bn^aeh  of  jtnvilegp,  their  adjudicati 
'  is  a  couvii*tif»ii,  and  tl^eir  commitmeoc 
'  consequence,  is  exccuti(Hi ;  and  no  olfa 

*  court  can  discharge  or  hail  a  pei'son  that  il 
'  execution  by  the  juvigiiivnt  of  any  oth 
'  court.'  In  another  [lassuge  he  said  *  Eva 
'  couit  mu^t  be  sole  judge  of  its  own  co 

*  tenints.'    And  agahi,  *  The  counsel  at  i 

*  bar  liavc  not  cited  one  ca^ic  where  any  coi 
'  of  this  Hall  ever  detciinioed  a  matter 

*  privilege  wliieh  did  not  come  immediati 

*  oefore  them.' 

''  Having  stated  this,  1  think  I  need  nol  m 
more  in  the  prtseut  case." 
Per  Curiaiu.t 

IjCt  the  defendant  be  remandi 


f  Mr.  Justice  Lawrence  was  not  in  con 
being  indis|K>8e<l ;  and  Mr.  Justice  Le  Blal 
havinf^  attended  at  the  Guildhall  sittings  I 
lord  Kenyon,  and  not  returiiinn*  tiU  the  ■!( 
ment  was  closed ;  gave  no  opinioiw 


■9]       STATE  TRIALS,  39  Cbaslrs  U. 

Apranm  (E.) 

Cud   bT  Commifaiieiita    for    Contempt    by 

ComtB  of  JuMiee. 

In  Micfaaflniu  Term,  18  Edwnnl  3. 
'  J(hi  Pe  NorthatnptOD,  aa  Bttomey  of  tlie 
Cwt  of  Kin^i-bencli,  oonfesiing  hiniEtlf 
giilr  vtwthiag  a  lc4l«r  rMpecdne  Iho  judges 
M'omitat  Kin^s-bench,  which  IcHlt  wii 
iii»lpi  ij  Uk  court  to  contaiD  no  trnth  in  it, 
uA  )•  be  calcuhled  to  excite  the  king's  iuilie- 
wrtaiyiiMt  the  emirt  and  the  judges,  to  the 
imW  (f  the  nidcwirtuHl  judge*,  waaeom- 
hiwdHihetnanM,  and  ordered  to  findtc- 
(■ilMi  Af  bis  good  hchariour.— S  Inst.  174. 
BiUryTenn,  11  Ann. 

A  Writ  of  Attocbmeot  was  issued  gainst 
IWoM   LHWaon,  liir   sppakinff  disrespectful 
Midi  «f  the  Courts  cf  QDren's-hench,  u|ioa 
bbong  serml  with  a  nile  of  that  Court. 
Hilary,  14  Ann. 

A  Writ  of  Attachnicnt  was  granted  against 
lAmd  HemUe,  for   speaking  disrespectful 
mAaflhc  Lord  Chief  Justice  of  the  Court 
4QaEen'*-bnx4i,  moA  his  warrant. 
Trinity  Term,  5  Geo.  1. 

AWiitef  Attachment^iainst Jones, 

httmi&g  the  process  of  the  Court  of  KingV 
Wh  eogtemptuouHly  ;  and  there  being  an 
■timatiM  that  he  icEed  on  the  sasistsnce  of 
tH  MaW'Woriunen  to  rescue  liim,  the  Court 
■M  tat  theritcriffof  Middlesex  into  Court, 
■dMdcredhimtotakea  auffirient   force.— l 


isTem,  OGeo.  1. 
A  Win  of  AnachneDt  was  granted  to  Richard 
I'ifc,  he  conlemptuouo  wmds  concerning  a 
wntfriM  a  judge  of  the  Court  of  King'S' 

Eaatee  l^nn, «  Geo.  1. 

■  Wilkiiw  Iwrinff  oonfemed  himself 

nik^oTfuUidiingftlibriupon  the  Court  of 
Myitanh,  the  diort  made  «  rule  coin- 
■iMgfain  tothe  marshal. 

He  next  term  Wilkin  having  made  an  affi- 
kilehanring  doetor  Colebatch  with  being  the 

iMkorofuie  libel,  was  sentenoed  to  pay  a  fine 
tf  3/.  and  to  gi*e  security  for  his  good  b«- 


inbryTmn,  rOeo.  1. 

Aa  Altmt^naent  waa  granted  against  John 

Buber,  esq.  for  cnDtem[iliious  words   of  the 

Unat  of  Kiuf^S'beuch,  in    a   speech  to  llie 

NO»on  eouncJ  of  London.— 1  Stim^e,  443. 

Hilary  Term,  9  Geo.  1. 

Doctor  Colebntch  hsTing    been   examined 

[   ^Bteringalories,  ft>r  contempt  in  ptiblish- 

I   |vilAel,  the  interrogatories  and  aiiKwer  were 

,  NMrnd  u  the  king's  coroner  and  aitomey  ; 

bi  Easter  Term,  9  Goo.  1. 
.  Or.  Colebateh,1)rang  in  the  fiustody  of  tlie 
'O'dttl,  wav  brought  roto  Court,  and  waa  n'li- 
''wtdto  pav  a  fioeot  SOL  and  to  give  security 
hUi  aoarf  behkrionr  liir  »  jeor,  and  van 
I   MMUedwiheaMriiaiaflMestini. 

'01.  Till. 


ifiM. — Privilrgf  of  ParVemrnt.  [50 

Michaelmas  Term,  9  Geo.  ]. 

A  Writ  of  Atlachiiicut  ma  granU'il  s^nst 
John  Uolton,  clerk,  iar  contLinptaaus  words 
respecting  the  wamiiits  of  llie  I.ord  Chief 
Jiuticeof  the  Court  of  K Liar's- bench,  al  a  meet- 
mg  uf  hia  poriiihioiivi^  in  the  Cburch-yaid. 
Easter  Terra,  9  Geo.  1. 

John  Wyalt,  a  bookseller  in  St.  Paul's 
Chiirch-yanI,  ]iitl>li!ihing  a  p.-unphlet,  written 
byDr.  Cooyers>IidTFIeton,  in  tlie  il'^icntiiin  of 
which  to  the  vice-chancellor  of  Camlnidge, 
were  some  nassajfcs  reflecting  upon  a  proceed- 
ing of  the  Court  of  Kinir's-beucli  ;  tlii:  (^uurt 
granted  a  rule  Furaiust  \Vyatt,  tu  shew  cause 
why  a  M'rit  of  Attachment  elinuld  not  issue 
agoiiist  bim  for  his  ei<iitt^iupl ;  and  Wyatt 
having  made  an  affitlaiit  that  CurneUus  Crown* 
field  bad  emplciyeil  liiui  to  sell  tlie  iii>ni[>hlet, 
and  he  bavin);  cliar^red  l)r.  Cnnyers  MiddletOD 
with  being  llie  author  of  it,  Crountiekl  was  dU- 
charged  upon  payment  of  the  «Mh,  and  a  Writ 
of  Attnrliment  was  granted  against  llr.  Con- 
vers  Middleton,  who,  in  tlie  next  term,  gave 
bail  to  answer  the  contempt ;  he  ivas  after- 
wards exaiuined  upon  internigatorit's,  and  upon 
the  report  of  llu'  kind's  coruuer  and  attorney 
lie  was  adjudged  tu  E>e  in  ccnienipl,  and  was 
committcil  tu  the  martial  in  execution  <|U0UB- 
qiie,  &c.  and  it  was  reli-rred  to  the  luasier  to 
lax  thuprusecutov's  coKlN. 

It  is  stated  in  Fortescuc's  reports  that  Dr. 
MiUillelon  was  RCiileneed  lo  pay  a  line  of  !>0l. 
arid  to  give  securily  fur  a  year ;  but  ni>  nde  fur 
KUch  sentence  has  at  |ii'est-nt  been  lound  ;  Bnit 
Br.  Culelnlch  hat  ing  received  such  a  Nenlence, 
for  a  similar  ofleuee,  in'  the  |ireee<ling  term,  it 
is  pusMble  that  this  senlrnce  may,  by  iiiisiake, 
have  been  applied  to  Dr.  Midilletun. 
Miehaelmas  Term,  5  Geo.  f. 

The  Court  granted  a  Writ  of  Attachment 
agiunat  lady  I^wli'Vi  ti>r  a  contempt  in  pub- 
lishing a  pa|iei'  relk'cting  upon  the  jwuceedin^ 
of  the  Court ;  and  she  having  been  exonuned 
upon  iutcrrc^tories,  was  in  Easier  Tenn  tbl- 
luning  reportMi  by  the  oSicer  of  the  Court  t> 
be  in  contempt,  and  was  conunitted  lu  the 
marshal. 

And  in  Trinity  Term  6  Geo.  3,  she  was 
brought  into  Court,  aud  a  rule  made,  xlalin^ 
lliat  "  fecit  Euhmiflsionem  situm  petivit  i  eniam 
"  de  curia  ;"  and  thereupon  she  was  lined  live 


also   examined  uixiii   iuterru^tories,  tor 

rblisliing  the   same   libeJ.     !j  BamBrdistouj 
•s  It.  43. 

Extract  fii>m  Atkjiis's  Rp|)orts,  Book  1,  p.  4<!t>. 
First  Seal  after  Mieliaeliuas  Term, 
Uw,  3,  1742. 
A  motion  agaiiiNl  lite  printer  of  Hic  Cham- 
pion, unil  the  pritiler  of  llieSt.  .lamcK's  Eveiv- 
ing  Post ;  that  the  former,  wlio  is  already  in 
the  Fleet,   niar  be  committed  elose  prisoner, 
and  that  the  other,  who  H  «l  Vn^,  «>?;  W 
£ 


$1'}  STATE  TRIALS,  31  ChAeIesIL  iSSO.-^Prcceedingsngahui  R.37lMq 


committ^  to  the  Fleet,  for  publishing'  a  libel 
Against  Mr.  Hail  and  Mr.  Garden,  executors  of 
John  Roach,  esq.  late  major  of  the  garrison  of 
Fort  8t.  George  in  the  East  Indies,  and  for 
reflecting  likewise  upon  ^governor  Mackay, 
governor  Pitt,  and  others,  taxing  them  with 
turning  affidavit-men,  ^c.  in  the  cause  now  de- 
pending in  this  court ;  and  insisting  that  the 
pnblishuig  such  a  pa(>er  is  a  high  contempt  of 
this  Court,  for  which  tliey  ought  to  be  com- 
mitted. 

Lord  Hardwicke,  Lord  Chancellor, 
'  Nothing  is  more  incumbent  upon  courts  of 
justice  than  to  presence  their  proceedings  from 
being  raisrcprescDted  ;  nor  is  there  any  thing 
of  more  pernicious  consequence,  than  to  preju- 
dice the  nofinds  of  the'  public  against  persons 
Concerned  as  parties  in  caases,  before  tlie  cause 
is  finally  heard.*  It  has  alyi-ays  been  my  opi- 
nion, as  well  as  the  opinion  of  tnosc  who  have 
sat  h^re  before  me,  that  such  a  proceeding 
on^httobe  discountenanced. 

But  to  be  sivre  Mr.  Solicitor- General  has  put 
H  upon  the  right  footing,  that  notwithstanding 
this  should  be  a  Ubel,  yet  unless  it  is  a  con- 
tempt of  the  Court,  I  have  no  cognizance  of  it ; 
for  whether  it  is  a  libel  against  the  public,  or 
private  persons,  the  only  method  is  to  pro<x^ 
fit  law. 

The  defendants'  counsel  have  endeavoure<l 
two  tilings— 1st,  to  shew  this  paper  does  not 
t^ntain  defamatory  matter ;  l?dly,  if  it  does, 
yet  there  is  no  abuse  upon  the  proceedings  of 
this  Court :  and  therefore  there  is  no  room  for 
me  to  interpose. 

Now  take  the  whole  trw-ether,  though  the 
letter  is  artfully  pennefl,  there  can  remain  no 
doubt  in  every  common  reader  at  a  coffee- 
house but  this  is  a  defamatory  hbel. 

It  is  plain  therefore  who  is  meant ;  and  as  a 
jury,  if  this  fact  was  before  them,  could  mlike 
no  doubt,. so,  as  I  am  a  judge  of  facts  as  well  as 
law,  I  can  make  none. 

1  ini;u[ht  mention  several  strong  cases,  where 
frvcn  teigncd  names  have  been  construed  a 
)ibel  u|K>n  those  persons  who  were  really  meant 
to  be  hbcUed. 

Upou  the  whole,  as  to  the  libellous  part,  if  so 
far  there  sliould  remain  any  doubt  whether 
the  evccutqr^  are  meant,  it  i^  clear  beyond  all 
contradiction  upon  the  last  paragraph,  ui  which 
lire  these  words  :  **  This  case  ought  to  be  a 
**  warning  to  all  fathers  to  take  C4ire  with 
^'  whom  they  trust  their  children  and  tlieir  for- 
f  *  tuncis,  lest  their  own  characters,  their  widows 
f  *  and  their  children  be  aspersed,  and  their  for- 
♦*  tunes  Kipinudered.  away  in  law-siuts.^' 

And  HkcHise,  though  not  in  so  strong  a  de- 
cree, tlie  words  "  tum«l  affidavit -men,"  is  a 
liliel  against  those  gt^ntlemen  who  have  made 
them. 

There  are  three  different  sorts  uf  contempt : 
One  kiml  of  contempt  is,  scandalizing  the 
jPouititeelf. 

^  Vide  liaker  v.  Hart,  post.  488,  Mr«.  Far- 
4^'8  gwe,  «  Vcs,  ^20, 


There  may  be  likewise  a  €X)nten 
Court,  in  abusing  parties  who  are  co 
causes  here. 

There  may  also  be  a  contempt  of  1 
in  prejudicing  mankind  against  pen 
the  cause  is  heard. 

There  cannot  be  any  thing  of  grea 
quence  than  to  keep  die  streams 
clear  and  pure,  that  parties  may  pn 
safety  botti  to  tiiemselves  and  their  < 

The  case  .  of  Raikes,  the  print 
Gloucester  Journal,  who  pidilistied 
one  of  the  Journals  against  the  com 
of  Charit^le  Uses  at  Burford,  callinc; 
tisement,  A  Hue  and  Cry  afler  a  C 
of  Charitable  Uses,  was  of  the  sau 
this,  and  the  Court  in  that  case  comn 

There  are  several  other  cases  of  * 
one  strong  instance,  where  there  w 
reflecting  upon  the  court,  in  the  ca: 
tain  Perry,  who  printed  his  brief 
cause  caine  on  ;  uie  offence  did  not 
the  printing,  for  any  man  may  give 
brief  as  weil  as  a  written  one  to  coi 
the  contempt  of  this  Court  was  preji 
world  with  n^^ard  to  the  merits  of 
before  it  was  beard. 

Upon  die  whole,  diere  is  no  dou 
is  a  contempt  of  the  Court. 

With  regard  to  Mrs.  Read,  the  p 
Saint  James's  Evening  Post,  by  wii 
viation,  it  is  said,  that  she  did  nol 
nature  of  the  paper;  and  that  print 
and  pamiihlcts  is  a  trade,  andwh) 
her  livelihood  by. 

But  diough  it  is  true  it  is  a  trad< 
must  take  care  to  do  it  with  prudence 
don ;  for  if  they  print  any  thin^  tli 
luus,  it  is  no  excuse  to  say  that  the  | 
no  knoA^  ledge  of  the  contents,  and  w 
ignorant  of  its  lieing  Ubellous :  anr 
rule  of  law,  and  1  will  always  adhi 
strict  rules  of  law  in  these  cases. 

Therefore  Mrs.  Read  must  be  coi 
the  Fleet  according  to  the  comuio: 
the  court  upon  contempts. 

But  as  to  Mr.  Hujvgonson,  who  it 
prisoner  in  the  Fleet,  I  do  not  think 
motive  for  compassion ;  because  the 
generally  take  the  advantage  of  t 
prisoners,  to  print  any  libellous  or  d 
matter  which  is  brought  to  then 
scruple  or  hesitation. 

U  these  printers  had  disclosed  di 
the  person  who  brought  this  papc 
there  miu^ht  have  l)een  something  sa 
gadon  ot  their  offence ;  but  as  they 
per  i<f  conceal  it,  I  must  order  Mi*s.  1 
committed  to  the  Fleet,  and  Huggoi 
taken  into  close  custody  of  die  ward 
Fleet. 

13th  Vesey,  jun.  page  237. — Lord 
Lord  Chancellor.  Dec.  20,  2i 
E^qiarte  Jones. 

The  object  of  this  petition  was  to  r 
Commitlee  of  a  lufliftqcy  and  (0  biiiig 


«]        STATE  TRIALS,  52  ChabLBS  II.  l6ffO.—PrMhge  of  Parliament.        [  j« 


LonI  CbumUor  an  alleged  contennpt  by  tlip 
ODDmiltM  aud  bi*  wife  and  other  personi,  bh 
tha  atnbora  pnoten  and  publLKlien  of  a 
fiBphlct,  nitb  an  addresi  to  (he  Ixint  Chan~ 
ailof  by  way  of  dediration,  rcfleclii>i»n|wn  the 
oadiKt  of  tbe  petitioner  and  other  arfiiig'  in 
Ae  sunagenient  of  the  afbirs  of  the  hinalip 
■deronkn  made  in  piirenanre  of  the  Iruxls 
tf  a  aOI,  tbe  affidavit  ivprciiciitiiif;  the  conduct 
rfthr  mmmrttee  and  his  wife  iotnujin;;  into  the- 
HMr'i  office,  and  intemiptiiig  liini,  not  only 
ialhebniiiKSi  of  thU  particular  lunacy,  but  nlh 
aim  haqness.  The  wife  of  the  timiniitlee 
UMndhrneH'to  be  the  author  of  the  uamphlel. 
(Dm;  the  innocence  of  her  hiisbanil. 

IV  SoUcitor- General  (Sir  Namucl  Romilly) 
■rf  Hr.  Hart,  in  support  of  the  petition,  weii 
Apfrd  by  the  Lord  Chancdlor,  who  called  on 
da  (oonad  i^;aiii«t  it. 

Mr.  Plowden  resisted  the  petitinn,  contend- 
■ctbtlthe  petitioners  had  a  remedy  at  law. 

liad£nJtiiif:  fThe  Lord  Cliancetlur.)  Ab 
kiMiedy  at  law,  the  aubject  of  this  applica- 
IM  ii  not  the  libel  a^auiot  the  petitioner. — 
Tkiawof  Ronch  v.Gan'an['jAlk.4C9]  »nd  ano- 
thr,  there  mentioned,  were  cases  ol'constructirc 
tMEapt,  denendtDg;  upon  the  inft-r^nrc  of  an 
tdntion  to  olmlruct  the  course  of  justice.  In 
AJinSancr,  that  ianotletlto  conjecture;  and 
■hlim  may  be  said  as  to  a  connruutive  con- 
tain thtnngn  tite  medium  of  a  libel  againKt 
poHM  engaf^  in  controversy  in  the  court,  it 
■•tr  has  beni  nor  can  be  denied,  that  a  publi- 
atfke  not  only  with  an  obvious  tendency  but 
vitti  tbe  desig'n  to  obstmct  the  ordinary  course 
rf  juttee,  ia  a  very  higli  contempt. — Lord 
BmM^  rmaidered  petwuis  concmied  in 
iWrWimai  of  the  court  aa  beiiw  underthe 
fttteim  of  the  court,  and  dM  to  be  drirai  to 
Mkv  maEes  against  libda  upon  them  in 
tm  nftcL — But  without  considering  whether 
lb  ii  or  IB  not  a  libd  tipaa  thb  (letilkmer,  what 
ORHcan  be  alleffcdtbr  the  whole  leoorof 
im  bak,  asil  introduced  by  thii  dedsration  of 
fteporaoxe  which  the  author  bte|>ded  it  to  an- 
Mv?  limiKlit  besuffidenttonvof  tbebook 
Mt,  Gripped  of  the  dedicatian,4iiat  it  could 
bpaUiahed  with  no  other  intcniion  than  to 
teroct  the  duties  cast  upon  the  petitioner,  and 


Dee,  la  tlus  dedica&n  tbe  olject  is  avowed, 
J  iAaaag  tbe  proceeding  of  the  court 
maHaff  upon  its  nue*  and  mileia,  and  inte- 
^^uf  the  puWc,  prejitdtced  in  fovnur  of  the 
■hir  by  her  «wb  partial  rvjircscntatitni,  to 
Menc  ■  diffkrent  tpecies  of  jnd^cnt  from 
tewtuch  votdd  be  ftdnuMstered  in  the  ordi- 
Wjeonrse,  and  by  flattering  the  judge,  to 
■a  the  source  of  justice. — This  pamphlet  bii: 

Is  to  the  printer*,  lord  Hanlwickc  obscrres. 
IliiQaexcnaelhntthe  printer  was  ienonuit  of 
tbt  omtenti.  Their  intention  may  Tiave  been 
^Mmt ;  but,  a«  lord  Manstield  hod  said,  the 
kawkencttlieiUegri  inoti**  ia  iiterad  muit 


be  traversed,  and  tlic  party  adfliittinf;  the  Ml 
cannot  deny  the  niotjie.— Thp  maxim,  '  Artua 

made  npplii-dbfe  to  lliiu  xubje^H  in  the  ordinary 
ailministr.itions  of  justice,  as  tbe  cffen  woufd 
be  that  the  ends  nfjustice  would  be  dcfuatcd  try 
contrivance. — Itiit  upon  the  satis^ctoiy  ac- 
count ifivcn  by  three  of  these  printers,  tlHiuifh 
undoublcilly  under  a  criminal  pnireeding,  tiiey 
would  be  111  mercy  in  a  casu  of  ciinK-mjrf. 
Tlinu!{'li  I  have  tbe  juriijdiction,  1  shnll  notnsu 
it. — 'Ilie  oilier  printer  appears  upon  the  affida- 
vits under  illHerem  circnmslnni.'es.  Having 
maile  the  obxcrvalion,  (lint  this  pam|ildi>l  ought 
not  to  be  |iriiitc(l,  being  intnUy  uniniercxtinff  to 
the  uublic,  ret  lie  does  print  it ;  and  thbugli 
the  liicui  pciiiCeritiit  was  aUbnted  to  him,  attii 
he  was  called  u|ion  not  to  print  any  more, 
he  proceeded  until  be  hod  noticv  of  this  pe- 

Lel  (lie  Commiltec,  and  Uis  wil%,  and  tha 
printer  to  whom  1  have  last  oUudnl,  be  cum- 
tiiitted  to  (he  Fleet  Prison.  Oisiuiwtbe  Coni- 
miltce  from  that  office  ;  and  direct  a  reference 
to  the  master,  as  to  tbe  appuiutnient  of  another 
Coiumiltec. 

Extracts  from  Sir  Eanlley  Wi)niot*t)  Opinions  * 
and  Judgments  ;  p.  353. 
Hilary  Term,  5  Geo.  3.  V65. 
Tlie  KciO  n.  Almoh. 
"  It  ha.s  been  argued  that  the  mnde  of  pro' 
cecding  hy  attachment  It  uii  invasion  ujinn  the. 
ancient  simplicity  of  the  law  ;  that  it  took  its. 
rise  from  the  statute  of  tVestuiiusler,  eh.  3  ; 
and  Gilbert's  Histoh'  of  the  Practice  of  the 
Court  of  Common  Pleas,  p.  30,  in  the  first  edi- 
liun,  is  cited  to  nmre  that  position.  And  it  h 
said,  that  act  only  ai>plics  to  ixriont  rcsLsting 
process  ;  and  tliou^  this  mode  of  proceeding 
IS  very  proper  to  remove  obslructioiis  to  tha 
execution  of  process,  or  to  any  contumelious 
treatment  of  it,  or  to  any  contempt  to  the  au- 
thority of  the  court,  yet  that  pn])er9  retlccling' 
merely  uiKin  the  quajitits  of  jnilgiw  Uipm selves, 
are  rot  tne  proper  objects  of  an  attairhnient ; 
that  judges  have  proper  rcmiilies  In  recover  ft 
BBtislaction  fur  such  reflections,  hy  actions  of 
"Scandalum  A1a(,'Datum;"  nnd  that  in  th* 
case  of  a  pear,  the  House  of  Lords  maybe  ap-> 
plied  to  fur  a  breech  of  privilege :  That  snch 
libellers  may  be  bruught  to  puiilshnient  by  in- 


*  Tliis  opinion  was  nut  delivered  in  court^ 
tbe  prosecution  having  been  dropped  in  conse* 
■luence,  it  is  sup|>o«i,'<l,  of  the  resignation  of  the 
tlicn  Ailomcy  Ucnerjl ;  but  atler  the  death  of 
tliiv  eminent  and  very  learned  Chief  Juntice, 
was  fdund  in  his  own  band-tvriting  among  hia 
papers  by  his  son,  nho  published  it  in  Memon-fl 
of  lii»  Life,  p.  S43.  The  occasion  of  it  was  a 
motion  in  the  Cuurt  of  King's- Bench,  Ibr  an 
attachment  against  3Ir.  Ahnun,  for  a  contenpt 
in  publishing  «  libel  i^^  tha  Court,  and  ui>on 
ttw  Cbiaf  Jiutieft. 


55]  STATE  TRIALS,  S^  Charles  II.  1  GhO.'^Praceedimgt  ag^mti  ItThmpi 


dietment  or  infovmation,*  that  there  are  bat 
few  instaDcen  of  this  sort  upon  libds  on  courts 
or  judges ;  thai  tlie  Common  Pleas  lately  re- 
fused to  do  h ;  that  libels  of  this  kind  nave 
been  pmseouted  by  actions  and  indictment; 
and  that  attachments  ought  not  to  be  extended 
to  libels  of  this  nature,  oecause  judges  would 
be  determininif  in  their  own  cause ;  and  that  it 
is  more  proper  for  a  jury  to  determine  quo  animo 
such  libels  were  published. 

'*  As  to  the  cnrijpn  of  attachments,  I  think 
tiiey  did  not  take  their  rise  from  the  statute  of 
Westminster,  ch.  9  ;  the  passacife  out  of  Gil- 
bert docs  not  proKe  it ;  but  ne  ordy  says,  '<  the 
^  oriffin  of  commitments  for  contempt, '  seems  * 
*'  to  oe  derived  from  this  statute  ;'*  but  read 
the  paragraph  through,  the  end  contradicts  tlie 

*  seeming  *  mention^  in  the  beciniiing  of  it ; 
and  shews,  that  it  was  a  part  of  Uie  law  of  the 
land  to  commit  for  contemjvt,  confirmed  by  this 
statute.!    And  indeed  when  that  act  of  l^rlia- 

*  Thus  Mich.  8  Elix.  Rot.  1,  Walsh  wosiu- 
Aoted  for  scandalising  one  sir  Robert  Catling, 
and  the  Court  of  Queen*s-Bencli,  by  saying, 
**  My  Lord  Chief  Justice  is  incensed  agaiimt 
me  ;  I  cannot  have  justice,  nor  can  I  be  heanl, 
fi>r  it  is  made  a  court  of  conscience."  See  the 
Attorney  (leneraPs  Argument  in  the  Case  of 
the  City  of  London,  Quo  IVurrauto^  a.  B.  1683, 
infra, 

t  On  this  subjoct  the  following  passage  taken 
from  Mr.  £vans*s  letter  to  sir  Samuel  Uowilly 
is  deserving  attention : 

*'  As  a  great  deal  has  been  urged  in  favour 
of  the  privilege  of  the  Commons  to  imprison 
for  a  Libel,  by  way  of  analogy  to  the  practice 
of  Courts  of  Justice,  which,  it  is  said,  may 
commit  for  contempti,  I  shall  beg  leave  to  ac(d 
a  few  words  on  that  part  of  the  subject.  liord 
Chief  Baron    Gilbert  h^s  stated,  that,    *  .It  is 

*  one  part  of  the  law  of  the  land  to  commit  for 
'  contempts,  and  confirmed  by  the  stat.We8tm. 
«  9,  c.  39."  (Hist,  of  Com.  Pkais,  p.  25). 
Now,  I  must  declare,  that  after  lookmg  into 
that  statute,  I  camiot  find  any  thing  to  war- 
rant his  assertion.  AH  that  the  statute  says,  is, 
that  many  great  men  (who  in  those  da^s  had 
oistles,  ftwtresiies,  and  lilierties,  wherein  tliey 
used  to  secure  themselves)  had  resisted  the 
Shorifi'  in  executir^  }he  Kings's  writs  ;  which, 
<7eating  great  inconvenience,  tlie  Sheriflf  b 
ordered  to  remove  all  obstructions  to  the  execu- 
tion of  the  pnicess.  The  act,  therefore,  only 
applies  to  pc>rsons  resisting  the  King's  writs, 
and  docs  not  say  a  ivord  aliout  any  other  con- 
tempt.- 1  must  confess,  that  I  cannot  nixlcr- 
«tand  how  Courts  of  Justice  can  imprison- for 
a  MMf  without  infringing  upon  Magna  Charta. 
All  tliat  they  csn  do,  in  a  constitutional  man- 
oer,  is,  in  my  opinion,  to  imprison  such  per- 
anhs  aft  commit  contempts  in  fticie  curie ;  or, 
m  o^er  words,  who  occasion  an  immediate  ob- 
itruction  to  the  administration  of  justice,  nnd^ 
as  audi,  are  disturber^  -'oT^  the  peace.  But, 
eran  in  dioae  cases,  Lfijllstiie  that  the  Courts 

"iBDOi  fwmstitiitinnilJr^  Iwiffriiinii  durinff  thair 


ment  is  read,  it  is  iropoasible  to  draw 
mencement  of  such  a  proceeding  out 
empowers  the  sheriff  to  imprison  pt 
sistmg  process,  but  has  no  more  to 

pleasure,  but  that  the  offender  must  a 
be  brought  in,  to  answer  by  due  proce 
and  receive  sentence  of  punLshmenl 
jury.  For,  tliough  the  stat.  Westm. 
declares.  That  such  person  as  shall  be 
of  resisting  tlie  Shenff,  shall  be  pui 
the  kind's  pleasure,  yet  my  lord  Co 
exposition  of  these  wwds,  says,  *  Tli 

*  cording  to  that  which  shall  be,  upon 
'  ceeding,  acyudged  coram  regt  in  th' 
'  Court  of  Justice ;  for  no  man  can  hi 

*  ed  by  absolute  power,  but  ttecundum 

*  eontueludinem  Anglur,  as  hatli  beei 
<  fore,  in  the  exposition  of  Magna  Cb 
'  elsewhere  hath  been  often  said.* 
^4.)  Ifa  Judge  could  imprison  fo 
he  must  necessarily  become  what  our  i 
warrants,  that  is,  a  Judge  in  his  ow 
and  if  he  could  imprison  during  his 
he  would  be  possessed  of  an  absolni 
which  our  constitution  does  not  alio 
fact  is,  that  great  and  good  men  lia 
times,  been  very  tender  of  the  lil)er 
subject.  Chief  Baron  Gilbert  sa; 
'  When  the  Common  Pleas  proceeded* 

sum  frcgit,  the  defendant  was  under 
disadvantages  as  when  he  was  an 
a  Latitat."  Upon  which  the  annots 
was  well  acquainted  with  the  laws  ar 
tution  of  his  countrv,)  observes — *  I 
Chief  Baron  caiididdy  aUoi^-s,  tliat  tl 
by  Clausum  fregit  in  the  Common  F 
by  the  Latitat  in  the  King's  Bench, 
the  defendant  under  disadvantages. 
Chief  Baron  had  said,  *•  under  unwa 

*  oppressions  in  open  violation  of  Kin 

*  Great  Charter,  not  only  by  subvei 
'  perverting  the  ancient  process  of  t 
<  trespass,  out  also  by  an  ai'bitrarv 

*  barons  abuse  of  special  bail :  If^  1 

*  Baron  had  stiguiatiseed  this  process  I 
'  with  the  seemingly  harah,  but  riclil; 

*  tenns  aliovc  mentioned,  as  sir ' 
'  Bridgeman,  Chief  Justice  of  the  < 

*  Fleas  did,  when  the  Latitat  was  fi 
'  duced  into  the  King's  Bench,  he  w< 
'  haps  have  done  no  more  than  an  hone 
'  nation,  at  the  innovation,  would  n 

(Hist,  of  Com.  Pleas,  3d.  ed.  p.  183.] 
discretion,  I  am  for  investing  the  JuiJ 
as  little  as  possible.  We  know,  th 
men  view  matters  m  a  different  li|j 
tluit  in  which  they  are  seen  by  otliers 

*  discretion  of  the  Judge,'  (says  Mi 
very  truly)  <  is  the  first  engine  of  t 
*'  the  hiws  of  a  free  people  dioukl  fbi 
'  determine  every  (|uestion  that  may 
'  arise  in  the  exercise  of  power  and  t] 

*  actions  of  industrr.'.  (Uediue  aad! 

r.  a-p.  1U.)" 
To  this  I  will   add  tile  memoraU 

Mid  fagr  kidCaiiMiMi  ia 


17]        STATE  TRIALS,  32  Charles  II.  iGSO^^Pritikge  of  ParliamenL        [58 


riiin(^  cooTLs  of  justice  a  power  to  vinclicate 
Hkv  uwh  ditfnitVt  than  any  other  chapter  in 
ibiartof  nriainenL 
** The  power  which  the  courts  in  We8t- 
Hall  have  of  vindicating  their  own  au- 
^ ,  ii  coeval  with  their  finit  foundation  and 
kioD  ;  it  is  a  necessary  incident  to  every 
of  iaslice,  whether  ot  record  or  not,  to 
iad  nnprison  for  a  contempt  to  the  court, 
the  face  of  it,  1  Vent.  1,  and  the  issuing* 
4  tftochinenLs  by  the  supreme  courts  of  jiis- 
ia  H  estniinst'er  Hail,  for  contempts  out  of 
upon  tlie  same  iinmemonHl  usage 


aftMMOits  the  whole  fabric  of  the  common 
kw ;  a  is  as  much  the  **  Lex  Teme,"  and 
axUs  the  exce^itiun  of  Magna  Charta,  as  the 
any  oth^  lt*gal  process  whatever.* 


rfHindson  aiid  Kersey,  in  the  Court  of 
C— wo  Pious,  when*hc  was  Chief  Jus- 
tt»  f4  that  CouTi  ;  *•  Tlie  discretion  of 
'  ft  Jiidl^e  is  the  law  of  t^Tants  :  It    is    al- 

*  «w%  loknown  :  It    is   different  in  different 

*  OKfl :  It  Y^  casual,  aud  dcjiends  upon  constitu- 
'  riua«  ftiuptT,  passion. — In  the  btst  it  is  ofb^n- 
*tmit%  raprioe  :  In  the  worst  it  is  ciery  vice, 
*fidk.  ndpasaionf  to  which  human  nature  is 

Jfr.  Bmie  in  his  *•  Thoughts  on  tlie  present 
SToea  so  far  as  to  assert  that  **  All 
3  of  an  uncontrouled  discretionary 
kilinii.  to  aggrandizement  and  profit  of 
ibdr  •«■  body  have  a]wa3'8  abused  it." 

*  Lwd  Cilice,  commenting  upon  the  words, 
^  Uy  Teine,"  in  Magna  Cliarta,  says : 

*'  Aspinst  this  antient  and  fundamental  law, 

wt inihe &ce  thereof,  I  find  an  act (4*  parlia- 

HMtU  H.  7,  c.  S.]  made,  that  as  well  jus- 

liBeifl  Mat*  as  justices  of  peace  (without 

MT  Miof  or  presentment  by  the  vei-dict  of 

Mit  am)  upon  a  bare  information  for  the 

Asf  kibre   them  mafle,  should    have   full 

IMw  sad  authority  by  their  discretions  to 

■vaad  dctennine  all  onences,  and  contempts 

or  done  by  any  person,  or  ]iersons 

the  form,  ordinance,  and  effect  of*  any 

nadc,  and  not  reuealed,  ^cc.    By  colour 

act,  shaking  tiiis  fundamental  law,  it 

■  am  rrtilible  what  horrible  oppressions  and 

iMdisBa,  to  the  undoing  of  infinite  numliers 

if  pea^,   were  committed  by  sir  KiclianI 

knight,  and  Edmund  Dudley,  being 

of  peace,  throughout  England;    and 

this  unjust  and  injurious  act  (as  common- 

If  ia  like  cases  it  lalleth  out)  a  new  ofiicc  was 

and  they  made  masters  of  the  king*s 


:  at  the  Parliament,  holden  in  the  first 

H.  8,  this  act  of  11  H.  7,  is  recited, 

void,  and  icpeuled,  and  the  reason 

Tielded,  fur  that  by  fon*c  of  the  saiil 

ftvna'maaifestl}'  known,  that  many  sinis- 

.  aad  crafty^  feigned,  and  forged  informa- 

^  kid  been  pursued  against  mvers  of  the 

^  aabyecta,  to  their  great  damage  and 

vM  vexation :  and.tM  Ul  Buocess  hereof, 

wfaaU Mdi  vf  th«ife  two  oppreMQfs, 

9 


"  I  have  examined  very  carefully  to  see  if 
I  could  find  out  any  vestiges  or  traces  of  its  in- 
troduction, but  can  find  none ;  it  is  as  ancient 
as  any  other  part  of  tlie  Common  Law;  there 

should  deter  others  from  committing  the  like, 
and  should  admonish  Parliaments,  that  instead 
of  this  ordinary  and  precious  trial,  per  legem 
Ui  rtf',  they  bring  not  ui  absolute,  and  partial 
trials  by  discretion."   3  Inst.  61. 

In  commenting  on  the  Statute  of  Marlebridge, 
62  H.  3,  lord  Coke  says : 

^*  The  preamble  shews  the  mischiefs,  which 
were  four. 

"  1.  That  in  the  time  of  the  kite  troubles, 
great  men  and  others  refused  to  be  justified  by 
tli(!  kin^  and  his  court,. as  they  ought,  for  here 
it  is  said,  *  multi  magnates  et  aLi  indignati 
'  fuerint  reciperc  justitiam  per  dominum  regem, 

*  et  curiam  suaia.' 

*'  2.  '  8ed  graves  ultiones  fecerint,'  That 
they  (refusing  the  course  of  the  king's  laws) 
took  upon  them  to  be  t|ieir  own  judges  in  their 
own  causes,  and  to  take  such  revenges  as  they 
thought  fit,  until  they  had  ransoms  at  their 
pleasures.  *  Aliquis  non  debet  c«sc  judex  in 
*'  sua  propria  causa.' 

*^  3.  I'hat  some  of  them  would  not  be  justi- 
fied by  the  king's  offi(x;rs." 

''Ihe  IxKlyof  the  act  consisteth  of  divera 
brant^hes. 

*'  First,  a  remedy  in  general  for  all  the  said 
mischielk. 

'*  (1).  *  Provisum  est,  concordat um,  et  con- 
*•  cessum,  qiuid  tain  majores  nuam  minores* 

*  justitiam  habcant  et  recipiant  in  curia  domini 
^  regis.']  This  is  the  golden  metewand,  that 
the  law  hath  appoint»l  to  measure  the  cases  of 
all  and  siiigidar  persons,  high  and  low,  to  hav» 
and  rec-eive  justice*  in  the  king's  courts ;  for 
the  king  liath  distributed  his  judicial  |Kiwer  to 
several  courts  of  justice,  and  cfMirts  of  justice 
ought  to  determine  all  causes,  and  that  all  pri- 
vate revenges  be  avoidt*fl. 

^*  Upon  this  gcuei-al  law,  four  conclusions  do 
follow. 

*M.  That  all  men,  high  and  low,  must  be 
justified,  that  is,  have  and  receive  justice  in  tho 
king's  courts  of  justice. 

''  *i.  That  no  private  n'venge  l>e  taken,  nor 
any  man  b}'  his  uwn  arm  or  |>ower  revenge 
himself:  and  this  aiticle  is  gr<Mmded  U[M)n  tlifr 
law  of  God,  «  viiidic*ta  est  inilii  et  ego  retri- 
^  buam,'  saitli  Alnu:j>hty  God.  All  revenge 
must  come  from  G(mI,  or  from  hLs  lieutenant 
the  king,  in  some  of  his  courts  of  justice. 

*^  3.  That  all  the  subjects  of  the  realm  ought 
to  be  justilie<l,  tlmt  is,  submit  themselves  to  the 
king's  officf-i-s  of  justice  according  to  law." 

See  also  Mr.  Helden's  Argument  for  sir  Ed - 
nmnd  Hampden,  anie^  vol.  3,  p.  16,  et  ieq* 
See,  too,  pi).  7(),  ]2a,  16^,  16.S,  164,  and  the 
4tli  and  6tn  clauses  of  the  Petition  of  Kight, 
pp.  292,  2'^S,  of  the  same  vohime ;  and  a  pa»> 
sage  firoiii  Uogcr  North,  inserted  in  a  Note  tw 
the  CaM  of  1:  iteharris,  a.  o*  1(^  i,  in/ra. 


B9]  STATE  TRIALS,  S^Cnknms  II. l6so,^Praceeiingiagmiui  ILTkcmpi 


it  no  priority  or  |K)steriority  to  be  discoTered 
■about  it,  and  therefore  cannot  be  said  to  in?ade 
the  common  law,  but  to  act  in  alliance  and 
triendly  conjunction  with  every  otlier  provision 
which  the  wisdom  of  our  ani'estors  has  estab- 
lished for  tlie  general  {^tood  of  soc'iety.  And 
thou^  I  do  not  mean  to  compare  and  contrast 
attachments  with  trials  by  jury,  vet  truth  com- 
pels me  to  say,  that  tlic  mode  in  proceeding  by 
attachment  stands  upon  the  very  same  foimda- 
tion  and  basis  as  trials  by  jury  (to,  immemorial 
nsa^c  and  practice  ;  it  is  a'  constitutional  re- 
medy in  |>artioular  cases ;  and  the  jud^ifes  in 
those  cases  are  as  much  bound  to  give  an 
activity  to  this  part  of  the  law,  as  to  any  other 
part  of  it.  Indeed  it  is  admitted,  that  attach- 
ments are  Tcry  properly  granted  for  resistance 
of  process,  or  a  contumelious  treatment  of  it, 
or  any  violence  or  abuse  of  the  ministers  or 
others  employed  to  execute  it.  But  it  is  said 
that  the  courts  of  justice  in  those  cases  is  oh- 
■tructcd,  and  the  obstruction  must  be  instantly 
removed ;  that  there  is  no  such  necessity  in  the 
case  of  libels  upon  courts  or  judges,*  which 
may  wait  for  the  ordinary  miethod  of  presecu- 
tion,  without  any  inconvenience  whatsoever. 
But  where  the  nature  of  the  offence  of  libel- 
ling .judges  for  what  they  do  in  their  judicial 
capacities,  either  in  court  or  out  of  court,  comes 
to  be  considered,  it  dot^,  in  my  opinion,  be- 
come more  proper  ibr  an  attachment  than  any 
ether  case  whatsoever. 

*'  By  our  constitution,  the  king  is  the  Rmn- 
tain  of  every  specit^  of  justice  whidi  is  ad- 
ministered in  this  kinsfdom,  19  CV).  5t5.  The 
kiopis  '  de  jure'  to  distribute  justicre  to  nli  his 
•ubfects;  and  because  he  cannot  do  it  himself 
to  all  persons,  he  delegates  his  power  to  his 
judges,  who  have  the  custody  and  guanl  of  the 
king's  oath,  and  sit  in  the  scat  of  the  king 
*  concerning  his  justice.' 

**  The  arraignment  of  the  justice  of  the 
judges  is  arraigning  the  king's  justice ;  it  is  an 
impeachment  of  his  wisdom  and  goodness  in 
the  choice  of  his  judges,  and  excites  in  the 
mind  of  the  people  a  general  dissatisfaction 
fvith  all  judicial  atiterminations,  and  indisposes 
their  minds  to  ol»ey  tliAii ;  and  whenever  mens 
allegiance  to  the  laws  is  so  fundamentally 
shaken,  it  is  the  most  fatal  and  tlie  most  dan- 
gerous obstruction  of  justice,  and,  in  my  Ofu- 
nion,  calls  out  for  a  more  rapiil  and  immediate 
ledress  than  any  other  obstruction  whatsoever ; 
not  for  the  sake  of  the  judges,  as  private  indi- 
▼iduids,  but  because  they  are  the  channels  by 
which  the  king's  justice  is  conveyed  to  the 
people.  To  be  impartial,  and  to  be  universally 
thought  so,  arc  both  absolutely  necessary  for 
the  giving  justice  that  free,  ujien  andf  un- 
intemipted  current,  which  it  has  for  many 
ages  round  all  over  this  kin^lom,  and  which  so 
eminently  distinguislies  and  exalts  it  above  all 
mttim*  upon  the  earth. 

**  In  the  moral  cstimatioa  of  the  offence,  and 
In  grery  public  consequence  arising  from  it, 
iriMt  an  infinite  disproportion  is  there  between 
gpnlriiy  iMMfitiimftlioua  words  of  the  rulee  <tf 


I  the  court,  for  which  attachments  arc 
constantly,  and  coolly  and  delibawlely 
the  most  vhiilent  and  malignant  sonndi 
fancy  could  suggest  upon  the  judge 
selves.  It  seems  to  be  material  to  fix  ( 
of  the  words  *'  autliority"  and  ^*  coni 
tlie  court,"  to  speak  with  precision  u 
question. 

''  Tlie  trial  by  jury  i»one  part  of  t' 
tem,  the  punishing  contempts  of  the  c 
attachments  is  another  :  we  must  not  c 
the  modes  of  proceeding,  and  try  cc 
by  juries,  and  murders  by  attacbmi 
must  give  that  energy  to  each  which  t 
stitutiun  prcjicribcs.  In  many  cases, 
not  see  the  correspondence  and  def 
which  one  part  of  the  system  has  ami 
another ;.  but  vre  must  \wy  that  defe 
the  wisd(nn  of  many  ages  as  to  pres 
And  I  arn  sure  it  wants  no  great  intuitio 
that  trials  by  juries  will  be  buried  in  t1 
gmvc  with  the  authority  of  the  courts 

to  iireside  over  them.  * ' 

i' 

Trinity  Tei-m,  8  Geo.  3. 

Writs  of  attachment  were  granted 
Staples  Stcare,  John  Williams,  and  Joh 
dm,  for  contompt,  in  publishing  the  Nc 
ton  Extraordinary,  No.  4,  containing 
atlilressed  to  lord'  Mansfield,  Lord  Cni 
tice,  containing  gross  reflections  on  his  1 

They  were  all  examined  upon  interru] 
and  reiiorted  in  contcm]it. 

And  Michas.  Term.  9  Geo.  3.  Ste 
sentenced  to  be  imprisoned  three  • 
months. 

\Endff  the  Reports  of  the  j 
Commons^  1810,  in  the  Cai 
Francis  Burdett.] 

Mr.  Wynn  in  his  learned  '  Argument' 
cdotlicr  authorities  in  support  ot  the  unc 
ed  power  of  the  House  of  Commons,  to  < 
There  are  also  thi«c  Reports  of  l^rece( 
nunishment  for  contempt  in  the  Jouma 
House  of  Lords,  viz. 

Dec.  19, 1699. 

Ordered,  That  tlie  committee  appoi 
inspect  the  Journals  of  this  House,  m 
to  tlie  punishing  of  persons,  whose  bi 
writings  have  been  censured  by  this  He 
scandalous  libels)  be  revived ;  to  mc 
sently.  Then  the  House  was  adjoiunei 
pleasure.    The  House  was  resumed. 

And  the  marquis  of  Normanby  report 
the  said  committee  the  precedents  foil 

March  Q3, 1623,  Thomas  Moriey. 

March  Ci2,  1623,  Waterhoase. 

July  9,1625,  llalph  Brooke. 

April  16,  16^8,  Anthony  Lamplugb. 

March  29,  16*2,  John  Bond. 

July  9,  1663,  Fitton. 

March  8,  1689,  Uowning. 

November  18,  1693,  PoUard. 

I>eccniber  18,  laar. 


n]         STATE  TRIALS,  32  Charges  II.  \6S0.^Prmlege  of  Parliament.        (St 


November  ?5, 1734. 

The  Imrd  Delawar  acquainted  the  House 
^^Tte  the  lords  committees  appointed  to 
Miidi  precedents,  as  to  what  punishments 
hue  been  inflicted,  or  methods  taken  to  vindi- 
rafe  tiie  honour  of  this  House,  in  cases  of  any 
kttA  of  tbeir  lordships  pri^ileg^,  or  con- 
tiiBpIs  to  this  House,  had  inspected  precedents 
anmo^y ;  and  had  prepared  a  Report  ; 
which  he  u-as  ready  to  mAe,  when  their  lord- 
ibips  will  please  to  receive  the  same/' 

OrAeiedt  That  the  said  Rep<»rt  be  now  re- 
onvcd. 

.locpidiogiy  liis  lordship  reported  from  the 
Ofd  cwwiKttee,  as  follow  »  : 

*^Tbat  the  committee  have  inspected  the 
Jounalsofthis  House,  in  relation  to  tlie  mat- 
icn  tn  them  referred  ;  and  think  proper  to 
flier  to  your  lordships  consideration  the  tullow- 
1^; ibMances ;  >iz. 

""Ffhruarv  27,  16W.  Richard  Re^-nolds 
aad  Rsbert  \Vright,  for  arresting  a  servant  to 
(he  eari  of  Oxford,  were  ordered  to  be  set  on 
hmehack,  near  Westminsler  Hall ;  neither  of 
than  to  have  cloak  or  bat ;  but  to  ha%'e  on 
their  hreasts  and  backs  papers,  expressing  tlieir 
M;  (viz.),  *  £For  a  contemptuous  breach  of 
'tbepmil^res  of  parliamt:nt,  activated  by 
'cmtemptoous  speeches  ;*]  and  so  to  p&ss  to 
the  Fleet,  wher^  they  are  to  be  left  prisoners. 
"  Nor.  37,  1621.  John  Blunt,  for  countcr- 
fieitiaf  the  lord  StrafTord^s  seal  to  a  protection, 
sasorderedto  stand  on  the  pillory,  at  West- 
niuter  and  in  Cheapside,  with  papers  on  his 
head  shewiiv  his  offence;  and  then  to  be 
wied  toBridewelU  and  there  to  remain  during 
hbUfe,  acd  tn  work  for  his  living. 

**Marth««,   1693.    TTIiomas  Morley,  for 

pohfafaiBg  a  printed  petition,  very  scamlalous 

a^inst  the  lord  keeper  in  particular,  and  by 

Mpenion  against  the    whole  court   of  8tar- 

f^fntber  in  ^;eneral,  and  at  the  bar  insolently 

^aag  many  msolent  words  of  the  lord-keeper, 

jb  pKKnce  of  their  lordships,  was  imprisoned 

a  the  Fleet,  fined  1,000/.  to  the  king;  set 

vitb  his  neck  in  the  pillory  in  Cheapside,  with 

tteof  the  {ictitions  on  his  head  ;  ordered  to 

uke  submissiony  and  acknow  ledgment  of  his 

ftuh,  at  the  bar  and  in  the  Star-chamber.    The 

■est  day  one  Waterhouse,  who  penned  the  finst 

taig^  of  Morley 's  petition,  wasaiijudged  to 

W  a  prisoner  in  the  Fleet,  and  debarred  |ion, 

■k,  and  paper»  durin)/  the   pleasure  of  the 

Hock  ;  fined  500/.  to  the  king ;  to  make  snb- 

■haon,  and  acknowledgment  ot*this  his  fault, 

ttthe  bar,  in  the  Star-chamber,  and  to  the  lord- 

kttper:  and  Bernard  Alsop,  the  printer  of  the 

fcidion,  imprisoned  in  the  Fleet,  admonished 

•otto  print  any  more  petitions  ;  and  to  make 

wbnussioh  and  acknowledgment. 

'*  May  28,  1C94.  Upon  a  report  from  the 
committee  of  privileges,  the  fine  on  Moriey 
*tt  reduced  to  500/.  and  he  was  diMrliargcd 
M  of  prison;  au«l  Waterhouse's  punislmt;;iil, 
iH>M  his  petition,  was  remitted. 
""July  9,    1695.    IU4ph   Bwke,   Yorke 


Herald,  for  exhibiting  a  false  and  scandalous 
petition  against  the  earl  Marshal,  was  sen- 
tenced to  make  his  submission  to  the  said  carl 
Marslial  at  the  bar,  to  be  imprisoned  in  the 
Tower  during  pleasure,  and  Hned  1,000  marks. 
*•  April  4,  1626.  George  Ganlner,  for  buy- 
ing and  selling  of  coimteHeited  protections 
under  the  hand  and  seal  of  a  peer  in  parlia- 
ment, was  ordered  to  be  set  on  the  pillory  at 
Wesitminster,  with  a  paper  on  his  head,  declar- 
ing his  otfence  ;  and  afterwards  to  be  carried 
down  to  Norwi4'h,  and  there  to  stand  on  the 
pillory,  with  the  like  paper. 

"  ISth  June  following,  The  same  Ganlner,  for 
scandalizing  the  justic^e  of  this  House,  and  for 
unjustly  slandering  the  lord  keeper,  was  or- 
dered to  stand  in  the  piUory  at  Westminster, 
wi:h  a  paper  on  his  head,  declaring  his  offence; 
and  to  ride  backward  with  the  siuue  na{)er  to 
the  cross  in  Cheaptiiide,  and  to  stanci  on  the 
pillory-  there,  and  so  to  ride  hack  to  the  Fleet : 
and  though  the  lord  keeper  did  earnestly  dcsiro 
this  puntshment  might  be  forgiven  Gardner, 
yet  the  House  deuied  it. 

'*  April  16,  16-28.  Anthony  liamplugh,  for 
exhibiting  an  unjust  and  scandalous  petition 
afpiinst  ttie  lord  keeiier  and  lord  bishop  of 
Lmcohi,  was  sentenced  to  stand  committed  to 
the  Fleet ;  to  a^jknowletlge  here,  at  tiic  bar, 
'  That  the  said  petition  is  unjust  and  scandalous, 
*  and  that  he  is  sorry  for  it ;'  and  to  ask  tlieir 
lordships  forgiveness  ;  and  to  be  brought  to  tlie 
chancery  bar,  and  there  to  make  the  like  ac- 
knowledgment. 

*'  l^lie  next  day,  he  having  asked  forgive- 
ness at  the  bar,  the  remainder  of  the  censure 
was  forgiven. 

*'June  12,  1678.  Kusign  Reynde,  for  ig- 
nominious speeches  uttere<l  by  him  against  the 
lord  discount  Hay  and  St*ale,  and  for  his  con- 
tempt of  this  high  court  of  I'ar'ianient,  was 
adjudged  ne^er  to  beai-  anus  hereatier,  but  ac- 
counted unworthy  to  t>e  a  soldier ;  to  be  impri- 
soned during  pleasure  ;  to  stand  under  the  pil- 
lory, mth  pa|)ers  on  his  head  shewing  his 'of- 
fence, at  Cheapside,  and  at  Banbury  ;  to  b6 
fined  at  200/.  to  tlie  king  ;  and  to  ask  lorgive- 


ness. 


'*  And  as  to  tlie  precedent  last  mentioned, 
the  committee  thuik  proper  to  observe  to  the 
House,  That  it  apjiears  ny  the  Journal,  that 
their  loixlships  utmost  eudc^avours  were  used^ 
to  apprehend  and  bring  the  said  Reynde  in 
pei-son.  More  them,  to  justice ;  but  h^  ab- 
Kcomletl,  so  that  he  could  not  be  taken ;  not- 
withstanding which,  the  House,  in  his  absence, 
proi'eided  to  the  censure  above-mentioned  ; 
and  directed  the  court  cd' Star-'Chamber,  to  put 
the  si>ntence  against  him  in  execution,  if  bfe 
should  happen  to  be  apprehended  after  th^ 
ending  of  the  session,  and  out  of  time  of  Par« 
lianient. 

'^  Jan.  13,  1640.  James  Faucet,  for  inao* 
lent  and  abusive  speeches  againit  the  earl  of 
Newport,  was  sentenced  to  stand  committed  to 
tlie  Fleet ;  to  make  his  humble  submission  to  the 
said  eari,  and  to  pay  him  SOOL  for  damages. 


fS]  STATE  TRIALSb  32  Chakles  II.  l6SO.—Pr§eadmgi  if «Mff  A.  TIUfl^MMi :  [( 


**  Much  29tfa,  1642,  pott  mgndim.    John  | 
Bond,  fbr  bein^  the  author  ind  contriver  of  a 
friae  and  Kandilous  k?ttcr,  precmdad  to  he  MOt 
from  the  queen  in  Holland  to  his  majesty  at  | 
York,  was  sentenced  to  stand  on  the  pillor^-  at  ' 
WeatnuDster  Hall  door,  and  in  Cheapiide,  with 
a  paper  on  his  head,  written,   '  A  Contriver  of 
*  Fake  and  Scandalous  Libels;'  the  said  letteni 
to  be  called  in,  and  burnt  near  him  as  he  stands ; 
and  he  to  be  committed  to  the  house  of  correc- 
tion. 

«'  April  S8,  1C42.  8ir  William  8an  Ravy, 
knight,  for  false,  scandalous  and  malicious  re- 
ports and  speeches  a^inst  the  carl  of  Danby, 
was  fined,  to  the  king,  in  the  sum  of  100/1 ; 
ordered  to  pay  the  said  earl,  by  way  of  damages, 
SlQOL  ;  to  make  a  submission  at  the  bar,  and  to 
he  imprisoned  in  the  Fleet. 

**  July  9,  1663.  Alexamler  Fitton,  for  con- 
triring  and  publishing  an  infamous  libel  agahist 
the  k!rd  Gerrard  of  Brandon,  fined  500/.  to  his 
maiesty,  committed  to  tlie  King's  Bench,  and 
to  find  sureties  for  his  iKjhaviour  during  life. 

''  December  18, 1667.  William  Carr,  for 
dispersing  scandalous  and  seditious  printed 
uapen  against  the  lord  Gemurd  of  Brandon, 
fined  1,000/.  to  the  king,  to  stand  thrice  in  the 
pillory,  to  be  imprisoned  in  the  Fleet,  and  the 
papers  to  be  burnt. 

"March  1,  1676.  Dr.  Gary  was  fineil 
1,000/.  for  refusing  to  discover  Kis  knoulefls^e 
of  a  libel ;  and  to  lie  committed  to  the  Tower 
tiU  lie  pays  the  same. 

«<  March  8,  1688-9.  William  Downing,  for 
nrinting  a  paper  reflecting  on  the  lonl  Grey  of 
fVarke,  was  committed  to  the  Gatehouse,  and 
fined  1,000/.  to  the  king. 

**  June  11,  1689.  Percy's  |>ctition,  claim- 
ing the  earldom  of  Northuinlierland,  containing 
several  reflections,  was  dismissed  the  House  ; 
and  the  said  Percy  was  ordered  to  be  brought 
before  the  four  courts  in  Westminster  Hall, 
wearing  a  |)aper  upon  his  breast,  in  which 
these  wonis  shall  be  written,    *■  The  False  and 

*  Impudent  Pretender  to  the  Earldom  of  Nor- 
'  thunilierland.' 

''April  11,  1690.  Thomas  Garston,  for 
counterfeiting  protections,  to  stand  twice:  iu  the 
pillory,  an<l  lie  committed  to  tlic  Gatehouse  till 
ke  |Ni\'8  his  fees. 

"  Feb.  23,  1695.  The  House  was  informed, 
That  there  was  a  iia|)er  dulivei-uil  at  the  door, 
reflecting  on  the  House,  by  llobert  Crosfielfl:" 
WhdkieuiNm  he  was  cidkMl  in,  and  owned  the 
paper  ;  but,  refusing  to  give  the  liouse  an  ac- 
count who  printed  it,  he  was  ordered  into  cus- 
tody. 

"  March  17,  1697.     A  liM,  intituled,  *  Mr. 

*  JWrtie^M  Casi^  ^<*-  ^th  some  Heniarks  on 
'  the  Judgment  given  therein,*  was  voted  false, 
inalicirnM  anil  scandaloiui,  and  onlered  to  be 
burnt ;  and  a  conuuiltee  was  ap|Niinted  to  con- 
«der  of  tlic  said  paper. 

^  March  18,  1697.  Report  was  made  from 
Iki  eonmiitteo.  That  the  printer  had  confessed 
dttl  Mr.  Robert  Uertk*,  a  member  of  the  House 
of  CSMMBOaa*  had  em|doycd  him  la  print  it. 


"  26th  of  the  same  month.  Coniridcnth 
was  had  of  the  said  paper ;  and  the  eari  < 
Abingdon,  in  his  plaoe,  declared,  That  he  dl 
in  t£e  name  of  his  son,  ask  pardon  of  tl 
House  and  the  Lord  Chancellor ;  whidi  tl 
House  accepted. 

"  May  7,  17 16.  James  Mynde,  a  aoBcilB 
was  ordered  into  custody,  tor  puttiiig  conntd 
names  to  an  appeal  witliout  their  koowledn. 

'*  19th  of  same  May,  Mynde  was  broo^i 
the  bar,  and,  by  a  petition,  confessed  hoM 
guiltA' ;  and  a  committee  was  appointed,  t»  ii 
spect  precedents  of  punishments  mflicted. 

**  18th  of  that  month,  report  was  made  fi« 
that  committee ;  and  M^iule  fined  lOU/.  to  tl 
king. 

"June  4,  1716.  He  petitions  to  be  di 
charged  out  of  custody  ;  and  his  petitkm  wi 
rejected. 

"  12th  of  the  tame  month.  He  was  ordoi 
to  cause  his  fine  to  be  paid  into  the  cU 
hands,  in  order  to  be  e<Area2d  into  the  E 
chequer,  for  the  regubr  payment  of  the  an 

"  1 4th  of  the  same  montti.  The  Henn  I 
ing  informed.  That  the  derk  had  receifed  i 
said  fine ;  Mynde  was  ordered  to  be  hnnuhl 
the  bar,  to  be' discharged  ;  and  the  nextwj! 
was  brought,  reprimanded,  and  discharged  i 
cordiiigly,  (paymg  his  fees)." 

March  3, 1764. 

The  earl  of  Marcfamont  reported  fron  1 
Lords'  committees  appointed  to  seareh  pni 
dents,  as  to  what  punishments  have  been  I 
dieted,  or  methods  taken  to  vindicate  the  1 
nourof  this  HoiiKe,  iu  cases  of  any  hreadi 
their  lordships'  privilege,  or  contempts  to  1 
House : 

'*  That  the  committee  have  taken  into  ooa 
deration  the  matter  to  them  referred,  and  hi 
inspected  the  Jonnials  in  relation  thereto;  I 
find  that  a  long  report  was  made  from  a  eoi 
mittee,  to  this  House,  the  95tli  of  Noremh 
1724,  of  precedents  of  puntshmcnts  inflicted, 
methods  taken  to  vindKate  the  honoiur  off  1 
HoiLse,-  in  canes  of  breaches  of  privilege  or  o 
tempts ;  which  report  being  entered  in  t 
Journal,  the  committee  think  it  unnece^aw]! 
do  more  tlian  to  reliT  thereto.  But  they  thi 
it  their  duty  to  offer  to  .the  consideration  of  I 
House  the  folloMing  instances,  which  hi 
occurred  since  the  making  of  tlie  said  repwl 

"  Feb.  4,  1724.  Matthias  Cater,  fat  ■ 
curing  and  selling  protections  of  the  em 
Huflbik,  and  for  an  unlawful  combinatioa 
chaige  certain  [lersous  falsely,  was  fined 
noUes,  onlered  to  be  cfimuuhed  to  Newg 
for  three  months,  niid  until  he  pay  the  i 
fine ;  and  to  be  put  tw  ice  in  the  piUory ,  (hr  1 
space  of  an  hour  each  time,  with  a  paper  o 
his  head,  signifying  his  offVnces. 

•'April  21,   1725.    Thomas  Tooke  an 
tomey,  for  a  breach  of  the  earl  of  Mtra(Rii 
inriviiege,  was  ordere<l  into  the  custody  of  i 
gentleman  usher  of  tlie  black  hnI. 

••  Feb.  22,  1795.  Upon  ^  repreaentil 
of  the  black  rod  agoinat  TW«  and  ethen,  i 


STATE  TRIALS^  32  Charles  II.  iffSO-^PHviligv  of  ParBdmint.       [66 


imo  eulody  for  breaches  of  pri- 
i  Ihej  were  all  ordered  again  into  cot- 

B.  tU  17S6,  July  4,  17127.  The  said 
i,  not  hariiq^  madle  hb  submission,  nor 
as  fees,  was  again  ordered  into  custody, 
by  SS,  1728.  The  yeoman  usher  and 
r  the  doorkeepers,  being  examined  oon- 
m  the  briHLTionr  of  the  said  Tooke  when 
^iBciHCody,  the  House  adjudged  that 
id  Tooke  should  pay  a  fine  of  600/.  to 
Mr,  for  breach  of  privilege  and  contempt 
tfisose :  And  the  sherittii  of  Loudon  and 
leKi  were  ordered  to  take  him,  and  keep 
a  Newgate  till  he  should  pay  the  said  fine, 
k/ccs  and  charges  to  the  usher  of  the  black 
wi  ether  otficers  of  this  House, 
cb.  19,  1754.  David  Home,  for  forging 
Hmg  protections  in  the  name  of  the  ean 
canUiaoe  and  earl  of  Crawfurd,  was  or- 
is be  committed  to  Newgate  for  one  year, 
» be  put  twice  in  the  pilk>ry  tor  the  space 
bbareach  time,  wim  a  paper  oyer  his 
i^pifying  his  offence. 
Immer  IG,  1756.  George  King,  for 
ai  1 1  ui  il  in  printing  and  publismng  a 
■i  md  forged  printMl  paper,  disponed 
stfdy  sold  aa  nis  majesty^s  speech  to 
Vaoses  of  PaHian^nt,  was  tined  50/.  and 
ibed  to  Newflfate  for  six  months,  and 
le  nay  the  said  fine : 
fra  1,  1757.  Upon  his  petition,  express- 
is  abhorrence  of  ni»  crime,  and  sorrow  for 
■c,  and  hombly  imploring  forgiveness 
■rey,  he  was  ordered  to  be  brought  to 


^^4,  1757.  He  was  brought  to  the 
■wnTingly  ;  where  he,  on  his  knees,  re- 
t$  a  ic^niand  fi?om  the  Speaker,  his 
wa  mutted  ;  and  he  was  ordered  to  be 
■qpdaot  of  Newgate,  paying  his  fees.^' 

mr  CONCERNING  PRIVILEGE. 

the  SOtfa  of  April,  1771,  a  Committee 
Bmmt  of  Commons  which  had  been  **  ap- 
d  la  examine  into  the  several  tacts  and 
relative  to  the  late  obstructions  to 
of  the  orders  of  the  House,''  made 
It  in  which,  after  having  stated  the  evi- 
•T  Ae  facts  and  circumstances  rdative  to 
ahatimtiiips,  they  stated  that  they  hail 
lied  10  Ae  other  part  of  what  was  given 
in  cbaige;  namdy,  *^  to  consider  what 
bar  proceeding  may  be  reqniHite  to  eu- 
•  ft  doe  obtdienee  to  tho  orders  of  tlie 
■i;**  and,  in  order  to  form  their  Judg- 
■|n  Ibat  matter,  thov  have  made  a  dili- 
bMick  in  the  Journals,  to  see  what  the 
Kpi  of  die  House  have  been  on  similar 
■k;  or,  if  no  cases  strictly  analogous 
■•scar,  mt  least  to  deduce,  troni  the  g^ 
of  the  House,  such  principles  of 
Ivy  law  as  might  be  ajiplicable  to 
it  natter  referred  to  their  consider- 


the  Committee  beg  leave  to 
teii'appeafs  to  them  that  thia  House 


has,  ih>m  the  earliest  times,  asserted  and  ei^er- 
cised  the  power  and  authority  of  summonhig' 
before  them  any  commoner,  and  of  compelling 
his  attendance; — and  that  this  power  and  au- 
thority has  ever  extended  as  wdi  to  the  city  of 
Loudon,  without  exertion  on  account  of 
charters  from  Ae  crown,  or  any  pretence  df 
separate  jurisdiction  (instances  of  which  appear 
in  the  cases  (l)referred  to  in  the  margin)  as  to 
every  other  part  of  the  realm. 

And  that  the  House  have  ever  considered 
every  branch  of  the  civil  authority  of  this  go- 
vernment as  bound  (when  require")  to  be  aidSng 
and  assisting  to  cairy  into  execution  the  war- 
rants and  o^ers  of  this  House. 

In  order  to  la^  before  the  House  the  residt 
of  their  enquiry  with  tolerable  brevity,  and  some 
degree  of  method,  the  Committee  have  rcdnced 
under  three  ^peneral  heads  the  obstnictions  which 
have  been  given  at  different  times  to  the  oitlers 
of  the  House,  and  under  each  of  these  heads 
have  ranged  the  different  modes  in  which  these 
breaches  of  privileges  and  contempts  have  been 
offered ;  and  then  submit  to  the  consideration 
of  the  House  the  several  metho<ls  of  |nt>ceeding 
which  the  House  hath  opposed  to  these  Offences, 
the  proofs  of  which  proceeding  appear  by  cases 
referred  to  in  the  margin  of  this  Report. 

The  three  general  Heads  of  breadi^  of  pri^ 
vilege  and  contempts  of  this  House  are,  namely, 
those  arising  from,  First,  Evasion.  Secondly, 
Force.    Thudly,  Cok>ur  of  Law. 

Offences  under  the  First  and  Hecond  of  these 
heads  have  been  committed — by  the  absconding 
of  theparties  summoned — by  open  resistance  to 
the  officers  of  the  House-^and  by  riots  and  tu- 
mults— by  the  refusal  of  civil  officers  to  assist 
the  Serjeants  or  messengers  of  this  House,  or  to 
release  persons  entitled  to  the  privilege  of  this 
House  when  detained  in  their  custody. 

1 1  appears  also  to  your  Committee,  as  well  firom 
searching  the  Journals  of  this  House,  as  firom 
«>ther  auuientic  evidence,  that,  in  order  to  re- 
medy the  abuses,  and  to  remove  the  obstructions 
above  recited,  this  House  has  proceeded  to'  sup- 
port their  privileges,  and  to  enforce  the  execu- 

(1)  Ferrers'  Case,  in  Crompton,  fo.  9  ^  10.— 
Stanman,  6E.  6.  1st  vol.  p.  18.— Boswell,  |S 
and  3  P.  and  M.  1555.— Nov.  30,  1st  vol.  p. 
44.— Corbet,  5  and  6  P.  and  M.  1557,  Nov.  10, 
1st  vol.  p.  51.— Six  Servants  of  Sir  H.  Jones, 
10  Feb.  l.-ibS,  Isl  vol.  p.  65.— Win.  Jones,  29 
Oct.  8  Eliz.  156<j,  1st  vol.  n.  75.— Sir  J.  Shiriey, 
March  22,  1608,  1st  vol.  p.  169.— Steriing, 
1666,  vol.  viii.  p.  335.-4  June  1675,  vol.  ix. 

f».  354,  **  'Tis  not  against  the  King's  dignity 
or  the  House  of  Commons  to  punish,  bv  ini- 
iinsonnient,  a  commoner  that  is  guilty  of  vio- 
lating their  privilege,  that  being  accordmg  to 
the  known  laws  and  custom  of  (mrliament,  and 
the  right  of  their  privilc^gres,  declared  by  the 
king's  royal  Predeceusors  in  Ibrmer  pariia- 
ments,  and  by  himself  in  this." — 1  April  1697, 
vol.  xi.  p.  765,  John  Salusbury. — 5  Jan.  1703, 
vol.  xiv.  p.  269,  Tutehin,  How,  and  Brag. — tZ 
May  1721,  vol.  zisL  p.  562|  Mist 


^<ionortkeirmrden,Vjthelbllawiiig  mediods; 
oamelv, 

I.  By  rnddnmuof  the  crawn  to  iwiie  prodt- 
imtioni  ibr  appranendiittr  those  persons  whe 
thiM  stood  ID  contempt  of  the  House  (2). 

U.  By  reDCfwinijr  their  orders  against  soch 
'  persons,  and  comniitting  them  in  a  subsequent 
session  fifpartiament  (3). 

II I .  By  orders  to  mayors,  bailiffs,  and  sheriffs, 
to  assist  the  Seijeant  or  messenger  for  the  ap- 
prehending of  such  penons;  or  to  the  Serjeant 
of  this  House,  to  call  on  the  riierifis  of  Mid- 
dlesex, and  the  sheriffii  of  other  counties,  and 
all  other  magistntes  and  persons,  for  their  as- 
natanoe  (4). 

IV.  By  committing,  for  breach  of  pririlege 
of  this  House,  those  officers  of  the  peM%  who 
haTc  refused  their  assistance  to  the  Serjeant  of ' 
this  House  when  so  called  on  (6). 

V.  By  imprisoning  those  who  reftised  to  re- 
lease persons  entitled  to  the  privilege  of  this 
House,  and  by  increasing  the  sererity  of  their 
restraint  according  to  the  nature  of  tlie  offence, 
and  in  consequence  of  the  contumacy  of  the  of- 
fender (6). 

With  regard  to  the  third  head,  namelj^, 
.  breaches  m  privilege,  and  contempts  of  tlus 

(9)  Sir  Giles  Mompesson,  S8  Feb.  and  3 
March  1620,  vol.  i.  p.  537.— Windebank,  Dec. 
10,  1640,  vol.  ii.  p.  18.— Sir  Basil  Brook,  April 
f  4,  1641,  vol.  ii.  p.  127. — Sir  John  Llovd,  &c. 
Jan.  8,  1680,  vol.  ix,  p.  702.— Brent,  Feb.  22, 

1688,  vol.  X.  p.  33.— ^r  Adam  Blair,  June  16, 

1689,  vol.  X.  p.  182— SCandish,  March  12, 1694, 
vol.  xi.  p.  966, — Mckenzie,  vol.  xi.  p.  416. — 
Grascomb,  Nov.  30, 1696,  vol.xi.  p.  602.— So- 
ranzie,  April  11,  1700,  vol.  xiii.  p.  S?l.— Jef- 
freys, Addy,  and  Clifton,  3Iarch  2.*)  and  26, 

1701,  vol.  xiii.  p.  427,  436,  437.— Colepeper 

and  otbent,  Marcli  28,  April  2,  1702,  vol.  xiii. 

p.  826.— Tutching,  &c.  Printers,  Feb.  14, 1703, 

vol.  xiT.  p.  336.— KioterK,  in  Sache«erors  case, 

March  2d,  4th,  and  6th,  1709,  vol.  x\l  p.  343, 

346.— Rebels,  4  and  6  Feb.  1715,  u»l.  xnii.  p. 

368.— Wilkinson,  0  June  and  4  July  1791,  ^ol. 

xix.  p.   585.— Lc-veriand,  6  March  1746,  vol. 

XXV.  p.  313.— A.  Murray,  26  Nov.  1751,  vol. 

xxu.  p.  309.— Reynolds,  11,  12,  15,  16,  and 

18th  tcb.  1768,vol.xxxi.p.  603, 606,610,612, 
618.  .        ,       ,      «, 

(3)  Harvey  and  Martin,  22  April  1713, 17th 
vol.  p.  298.— InrfefieW,  29  Jan.  1725,  20th 
▼ol.  p.  549.— Phillipsand  Barnes,  22  Jan.  1733, 
22d  vol.  p.  210.— A.  Murray,  as  above. 

(4)  Itatcliff;  14  Nov.  1640,  vol.  ii.  p.  29.— 
Sir  lsa»il  Brook,  Jan.  11.  and  25,  1641,  vol.  ii. 
P-.^^V"^***"  *"^  Tliompson,  21  Dec.  1660, 
vol.  vih.  p.  222.  -Dudley,  24  Jan.  1670,  ^ol. 
IX.  p.  193.— Topham,  4  June  1675,  P.  M.  vol. 
IX.  p.  353. 

^  (5)  Hastings  and  Crook,  19  May  1675,  vol. 
IX.  p.  341.— Topham,  as  above.— BMhe,  7 
April  1679,  vol.  ix.  p.  587.— Owen,  28  March 

1702,  vol.  xiii.  p.  826. 
(6)  Ferrers.— Sir  T.  Shirley  and 


House,  onderoohNiraiid  pRteneeoflaw ; 
pan  to  your  Committee,  that  the  aune 
been  attempted,  hy  discl|ai^g;iii^  out  of  cc 
penons  who  have  been  committed  by  or 
the  House: 

By  impleading,  in  the  courts  of  justice 
sons  intitlrd  to  die  privilege  of  tlus  Hoc 
the  cases  there  brought  in  question. 

By  prosecutions,  before  the  said  eomi 
work  or  actions  spoken  or  done  under  tb 
tection  of  this  House. 

By  accusations,  tcndiuj^  to  caD  in  ipM 
before  the  said  courts,  ivords  or  actions  so  s 
or  done,  under  fahe  or  pretended  denomin 
of  offences,  not  entitled  lo  the  privilege  c 
House. 

It  appeare  also  to  your  Committee,  in  ai 
ing  the  Journals,  that  in  the  above  redti 
stances  this  House  has  proceeded, 

1st,  By  takiiiir  again  into  custody  n 
discharged  without  order  of  the  House  (7 

^dly,  By  directing  Mr.  Speaker  to 
letters  to  the  justices  of  assize,  and  other ji 
to  stay  proceedings  (8). 

3dly,  By  resolutions  of  this  House,  Th 
suits  and  actions  commenced  and  carried 
these  cases  should  be  discontinued  and  am 
ami  should  be  deemed  violations  of  the 
leges  of  this  House  (P). 

(7)  Pemberton  and  othera,  2  June  167. 
ix.  p.351.  Duncomb,  March  22,  1691 
xii.  p.  174 ;  when  the  House  Resolved, 
no  |ierson  committed  by  this  House,  csmd,  i 
the  same  session,  be  dLscharged  by  any 
authority  whatsoever.  Charles  Dun 
ha%  ing  been  romuiitte<l  by  order  of  this  1 
and  aifterwards  discharged  hy  the  order 
House  of  Lnrds,  without  the  consent  o 
House ;  it  was  Ke.solvcd,  That  thesaid  C 
Duncombe  he  taken  into  the  custody  < 
Serjeant  at  arms  aticnfUngf  this  House. 

(8)  Strickland,  19  March  1605,  vol. 
287.— Potts,  2  Feb.  1606,  vol.  i.  p.  351.- 
rison,  26  and  27  Feb.  1606,  for  stay  of  Tk 
in  other  like  cases  has  been  usual,  vol.  i.  p 
343.  Sir  R.  Gargrave,  ISir  W.  King 
eodem  die  ei  loco.  Bond,  Feb.  28,  1606, 
p.  345.  Hyam,  5  Maroh  1606,  vol.  i.  p.  S 
Powlett,  5  May  1607,  vol,  i.  p.  369.  Bi 
ham,  13  May  1607,  vol.  i.  p»  373.  Bow 
May  1607,  vol.  i.  p.  375.  Johnson,  10 
1607,  vol.  i.  p.  38 1 .  Stone,  20  June  16a 
i.  p.  386.  Pelliam,  2  May  1610,  vol.  i.  p 
—Sanders,  18  and  21  May  1610,  vol.  i.  |i 
— **  Geneni  motion  about  letten  to  be  n 
to  the  justices  of  assize,  referred  to  the' 
mittee  of  privileges,  report  this  Resoli 
Res(»lvcd,  That  the  former  course  of  writii 
ters  to  the  justices  of  assize,  according  tl 
cedents ;  and,  if  required,  a  warratit  ibr  I 
tionto  the  party."  3  March  1620*  ral 
537.  Lord  Bulkley,  28  April  1691,  vol 
537. 

(9)  Sir  Robert  Howard,  17  Feb.  1625, 
p.  820.— Sir  WUUam  Wflliama,  7  Feh. 
voL  z.  p.  21»  146»  and  216.— HoUii  and^ 


STATE  TRIALS.  32  Cu a rlss  II.  1 6S0.^PH9ilege  ef  Parliamtni.         [70r 

Serjeant  to  repair  to  the  Compter  ih  Bread* 
street,  whither  the  said  Ferrers  was  carried*, 
and  there  to  demand  the  deliveir  ot*  the  pri- 
soner.   The  Serjeant  went  to  tlie  Compter,  and 
declared  to  the  clerks  there,  what  he  Iiad  in  - 
commandment ;    but  the  clerks  and  other  offi- 
cers of  the  city,  after  many  high  words,  Ibrcibly 
resisted  the  serjcant.      Whereupon  ensued  a 
tray,  in  which  the  Serjeant's  man  was  knocked 
down,  and  the  serjcant  was  driven  to  detend 
himself  with  his  mace  of  aitns.     During  this 
frav,  the  sheriffs  of  London,  called  Rowland 
Hill  and  H.  Suckley,  came  thither,  to  whom 
the  Serjeant  €M>mplained  of  this  injury,  and  re« 
ouired  of  them  the  delivery  of  the  prisoner ;  but 
they  took  part  with  their  officers,  and  gave  no 
attention  to  his  complaint,  and  contemptuously 
reiused  to  deliver  the  prisoner.      The  serjeant 
returned  to  the  House,  and  nude  his  report  of 
the  above  transaction ;  who  thereupon  would 
•sit  no  longer  without  their  burgess,  but  rose  and 
repaired  to  the  upper  House,  where  the  whole 
case  was  declared  by  the  mouth  of  theSi)eaker, 
before  the  lord  chancellor,  and  all  tlie  lords  and 
judges  there  assembled,  who,  judging  the  con-* 
tempt  to  be  very  great,  referred  the  pumshment 
thereof  to  the  order  of  the  House  of  Commons ; 
who,  being  returned  to  their  House,  ordf*red- 
the  Serjeant  to  repair  immediately  to  the  sheriffs 
of  London,  and  to  require  the  delivery  of  the 
prisoner,  without  any  writ  or  warrant,  though 
the   lonl   chancellor  offered  to  grant  a  wnt, 
which  the  House  of  Cwnioons  refused,  being^ 
cleaHy  of  opinion,  that  all  commands,  and  other 
acts  proceeding  from  their  House,  were  to  be 
(lone  and  executed  by  their  serjeant,  without 
writ,  oidy  bv  shew  ot  his  mace,- which  was  hie-' 
warrant. — I'he  sheriffs,  upon  this  second  de-* 
maud,  delivered  the  prisoner;    but  the  serjeant. 
in  pursuance  of  his  orders,  charged  the  said 
sheriffs  to  appear  before  the  House  the  follow- 
ing <lay,  by  eight  of  the  clock  in  tlic  morning, 
and  to  bring  tiuther  the  clerks  of  the  Compter^ 
and  such  other  of  thdr  otficers  as  were  parties 
to  the  fray. — The  serjeant  had  also  orders  to 
take  into  custody  the  said  White,  who  had  pro* 
cured  the  said  arrest,  in  contempt  of  the  privi- 
lege of  parliament.     The  sherins,  on  the  next 
day,  with  one  of  tlie  clerks  of  the  Compter,  who 
was  the  chief  occasion  of  the  fray,  together  with 
the  said  White,  app«»red  before  the  House; 
where  the  Speaker  charging  them  yviUtt  their 
contempt  andmbdemeaiiur  aforesaid,  they  Nvere 
I  compelled  to  make  immediate  answer,  without 
I  being  admitted  to  any  counsel;  although  sir  Ro« 
bert  Cholmley,  then  recorder  of  licmdon,  and 
other  the  counsel  of  the  city  there  present, 
offered  to  speak  in  the  cause,  ^I'liich  were  all  put 
to  silence,  and  none  sufl'ered  to  speak  but  the 
parties  themselves :  whereupon,  in  conclusioii, 
the  said  sherifis  and  White  were  committed  to 
the  Tower  of  London ;  and  the  said  clerk,  who 
was  the  occasion  of  the  fray,  to  a  place  there 
called  Little  ^nae^  and  the  officers  of  London 
call  Taylor,  with  four  otlier  officers,  who  had 
arrested  Ferrers,  were  conunitted  to  Newgate. 
*<  The  king,  bemg  iofonned  of  this  pfOMed» 


\  By  oomnuttiDg  those  judges  who  have 
led  to  the  trial  of,  or  pronounced  sen-  | 
ipoa,  penoDS  entttled  to  the  privilege  of 
«se,  tor  words  or  actions  spoken  or  done 
die  protedioD  of  the  privilege  of  this 
(iO). 

r  Comiinittee  have  selected  a  few  cases, 
noog  the  many  referred  to  in  the  margin 
Report,  which,  from  the  nature  of  their 
sluces,  or  the  importance  of  the  doctrine 
they  iUosirate,  or  toe  consequences  which 
RMUioed,  seemed  to  your  Committee  fit 
MTP  fully  slated  than  the  margin  would 
;  wA  9IV  therefore  added  as  an  Appendix. 
w  Committee  beg  leave  to  observe,  that, 
dttsrent  search  tliey  have  made  in  the 
ik,  uey  have  not  been  able  to  find  an 
e,  that  any  court  or  magistrate  has  pre- 
le  commit,  during  the  sitting  of  pariia- 
iB  officer  of  the  House,  for  executing  the 
of  the  House. 

jr  tanher  beg  leave  to  observe,  that  they 
nt  been  able  to  find,  that  there  has  ever 
%  instance,  wherein  this  House  has  suf- 
lay  person,  committed  by  order  of  this 
,  i»  oe  discharged,  during  the  same  ses- 
^  soy  otlier  auUiority  whatsoever,  with- 
■B committing  such  person, 
therefore,  with  regard  to  J.  Miller,  who 
ivered  from  the  custody  of  the  messenger 
(  lord  mayor,  who  fur  the  said  offence  is 
ider  the  censure  of  tlie  House ;  as  it  ap- 
ayour  Committee,  that  it  highly  concerns 
faity  and  power  of  the  House,  to  main- 
I  avthority  in  this  instance,  by  re-taking 
■i  J.  3lilkir ;  The  Committee  recom- 
ooDsiileration  of  the  House, 
it  may  not  be  expedient,  that  the 
edbMU  order.  That  the  said  J.  MiUer  be 
liMi  the  custody  of  the  Serjeant  at  Arms 
Avihs  House. 

i  ttat  the  Serjeant  at  Arms,  his  deputy 
he  strictly  enjoined  to  call  upon  the 
officers  of  the  peace,  and  other 
nho,  by  the  terms  of  the  Speaker's 
nt,  are  re<|uired  to  he  aidinjyr  and  assisting 
I  m  the  execution  thereof,  for  such  assist- 
■  the  Mid  Serjeant,  his  deputy  or  deputies, 
fad  met  wary  to  enable  him  or  them  to 
M»  calody  tbe  said  J.  Miller. 

Appendix. 

iflQB  oo  Joriidiction  of  Courts,  fo.  9, 10. 

bdM  34th  of  Henry  8th,  one  George  Fer- 
•  hvgeM  for  the  town  of  Plymouth,  was 
m  LoDdoa,  by  a  process  out  of  the 
~    at  the  suit  of  one  White ;    of 
House  being  inlbrmed,  ordered  the 

(Hftl,  ToL  ii.  p.  *i01  and  203.--Jay  and 

4Jiiiie  1689,  vol.  x.  p,Q4,  210,  SIS, 

-EKmt  13  and  14  April  1716,  vol. 

(V ;  aii4  on  the  16  April  the  cl«rk  of 

ma  oidered  to  erase  the  name  at  the 

•0ftheFiTeMembcrs,18  Jan.  t641, 
Jir.— JayaiidTopham,as  above. 


71]  STATETRIAL8,32CharlesIIJ680.— Proc«fite^tfly«MfR.I»«w|»J«i:  [ 

ihgr,  called  before  him  the  lord  chaDcellor  of;  swer,  and  he  claiming  iiri?iiege  as  beftre,  tb 
Eiffiland,  and  the  judges,  with  the  Speaker,  :  because  he  shewed  no  record  to  prore  bhi 
ajvlmany  others  of  the  House  of  Commons,  to  .  ]>ariiament  man,  pronounced  him  CoBtunm 
\rhom  he  declared  his  opinion  to  this  effect :  He  i  and  excommunicated  him ;  ordering  him  ^ 
commended  their  wisdom  in  maintaining  the  j  ther,  he  sliould,  before  the  19th  of  Slarch, 
]>rivilege8  of  their  House ;  he,  among  other  |  tend  one  of  the  Commissioners,  and  he  bov 
things,  further  declared,  That  he  was  informed  in  3,1)00/.  to  appear  the  Wednesday  after,  i 
by  his  judges,  that  he  at  no  time  stood  so  highly  stanil  to  the  order  of  the  court, 
in  his  estate  royal,  as  in  the  time  of  parliament,  *'  Resolved,  upon  question,  That  air  Rot 
when  he  as  heaii,  and  they  as  members,  are  Howard  ought  to  have  had  privilege  of  pari 
conjoined  and  knit  together,  into  one  body  poli-    ment,  nem.  con. 


tic ;  so  as  whatsoever  offence  or  injury,  during 
that  time,  is  offered  to  the  meanest  member  ^ 
the  House,  is  to  be  judged  as  done  against  his 
roval  person,  and  the  whole  coiut  of  parliament ; 
wmch  prerogative  of  the  coiut  is  so  great  (as 
his  learned  counsel  inform  him)  that  all  acts  ajid 
processes  coming  out  of  any  other  inferior 
courts,  must  for  Uie  time  cease,  and  give  place 
to  the  highest. 

^*  Whereupon  sir  Edward  Montagu,  then 
lord  chief  justice,  declared  his  opinion,  confirm- 
ing by  divers  reasons  what  the  king  had  said ; 
wuicn  was  assented  to  by  all  the  rest,  none 
flpeaking  to  the  contrary." 

This  case  is  abto  referred  to  by  sir  Robert  At- 
kyns,  in  his  tract  On  the  Power,  Jurisdiction, 
and  Privilege  of  Pftrliamcnt,  and  in  Dyer's  Re- 
ports. 


Robert  Howard's  Case,  February   17, 
1635,  vol.  1,  p.  8t0. 

'*  Motkm  made,  where  sir  Robert  Howard, 
during  privilege  of  pariiament,  was  excommu- 
Bicat»l  for  not  taking  the  oath  ex  officio, 

**  Resolved,  upon  question,  to  refer  this  to 
the  examination  of  a  select  committee,  Mr.  Sel- 
den  and  others. 

**  This  committee  to  take  consideration  of  the 
lestraint  and  excommunication  of  sir  Robert 
Howard,  and  to  make  their  report  to  the  House 
of  their  proceedings  and  opinions  thernn,"  p. 
391. 

Maich  21,  p.  839.  '*  Mr.  Selden  reports 
from  the  committee.  That  sir  Robert  stood  pri- 
vileged by  the  House,  when  these  proceedings 
were  had  against  him. — ^That  in>on  his  appear- 
ance before  the  oourt,  an  oath  was  tendered 
him,  to  answer  things  objected  against  him ; 
he  answered,  he  was  a  burgess  of  parKament. 
They  pressing  him  notwithstanding  to  answer, 
they  at  length  committed  him  close  prisoner  to 
the  Fleet.  Having  laid  two  days,  he  petitioned 
the  lonl  keeper  for  a  corput  cum  cauta ;  and 
upon  Mr.  Bembcfw's  certificate  tliat  he  whs  a 
parliament  man,  the  lord  keeper  enlarged  him 
by  the  10th  of  March. — That  day  the  court  of  j  hisrh  commission  court,  where  «pven  bisli 

high  commission  pressed  him  agam  to  answer ;  ;  present ;    and  knowelh,  tliat  then  all  the  i 
u.  ..i.:^..j  .,._  _^....         ,.       .. _  K .„  .  .    ..  .^  Howanl,  frtmi 

were  frustrated 
Marty n  affinned,  1 
llie  pariiament  sat  and  adjourned.  On  the  17th 
of  March  they  called  him  again ;  when  he 
feouglit  them  the  cony  of  the  inAm^re  of  re- 
tvn  under  Beinbow^s  hand,  and  the  oopv  of 
lito  Habeas  Corpus  iipcvn  which  he  had  been 
4tlknKid»    lliatfhabdBgagaiaprcMedtoan- 

1 


"  Sndly,  Resolved,  upon  question,  That 
Roliert  lloward  claimed  his  privilege  of  pari 
nient  in  due  manner,  new.  con, 

*^  Resolved,  upon  question.  That  a  day 
assigned  to  the  members  of  our  Honae,  i 
those  other  which  arc  commoners,  to  amwa 
the  House  their  proceedings  against  air  Rol 
Howard. — ^Tlus  to  be  done  upon  Friday  nc 
nine  o'clock. 

**  Those  nf  our  own  members  to  be  made  ( 
qiuiinted  with  tlic  dty ;  for  the  other  oonmM 
ers,  a  warrant  shall  issue  under  Mr.  Speaker 
band,  for  their  appearance  that  day." 

3nl  May,  p.  854.  '^  Sir  John  H^rwi 
called  in  alMut  sir  Robert  Howard's  buam 
and  interrogated  by  Mr.  Speaker,  &c. 

*'  Dr.  Pope  called  in,  and  interrogated. 

*'  Mr.  Mottersey,  the  R^^ter,  called  in,  i 
interrogated. 

*'  (/pon  question,  all  the  pmceedinga  ia 
high  oommuision  oourt  against  sir  Rol 
Howard,  from  the  1st  of  Fdl>ruary  22  Jan 
at  which  time  he  ought  to  have  had  his  pii 
lege  of  parliament,  declared  to  be  void,  i 
ought  to  be  vacated  and  anniliilatc<l. 

"  Secondly,  upon  quo^on,  whether  a  le 
to  be  wrilton,  by  Mr.  Speaker,  to  the  loit 
CanteriiiuT  and  tlie  rest  of  the  Lords,  i 
<»thers  of  the  high  commissioners,  for  auDull 
fif  the  said  i>roceediiig4  ?  the  House  divid 
Carried  for  tiie  negative. 

"  Upon  ouestiou,  sir  John  Hay  ward.  ! 
Pope,  and  ttie  Register,  called  in ;  and  the 
feet  of  the  said  order  declared  to  them  hr  ] 
Speaker ;  and  that  tlie  House  exp«:tcm  i 
be  done,  and  to  hear  by  Monday  next  that  i 
be  done ;  and  in  the  mean  time,  the  Houae' 
resiiite  any  resolution  concerning  tlicroaelf 
ana  that  tlmy  attend  the  House  again  on  M 
day  morning:  And  the  like  notice  to  be  gi 
to'hlr.  Comptroller  and  sir  H.  Slartyn,  by 
Serjeant :  all  which  was  done  by  Mr.  Hpei 
acconling^y." 

10  Juiic,  p.  069.     "  Sir  George  More 
fbniieth  the  Mouse,  That  he  was  present  at 


tlie  order  of  the  House  there  read  and  allow 
and  all  ordered  to  be  done  tlirre  accordingly 

**  Tuesday  next,  for  full  satisfaction  to 
given  to  this  House,  of  tlie  performance  of 
order  concerning  sir  Ro.  HonTird." 

On  June  15tb,  die  pdriiament 


*'UpaD  iuforumion  given  to  this-  House, 
Tktt  ikU mi  HI  SterlinfiT,  one  of  the 

ikrift  of  London,  being-  served  With  an  <»der, 
wpid  by  Mr.  SpeakmVy  to  discbarge  James 
l^it,  menia]  servant  to  sir  Henry  Herbert 
(fM  was  arrested  and  imprisoned  in  the  Poul- 
try Gempter)  out  of  prison  ;  the  said  sheriff 
nhatiio  obey  the  said  order,  or  discharge  the 
tii  Lvde ;  but  put  the  order  np  in  his  pocket, 
adfttd,  he  would  Answer  it  to  the  Sp^er  in 
^kHobs. 

•  "  Benlved,  That  the  said  sheriff  Sterhng  be 
MMb  this  moTBing  sent  for,  in  custody  of 
ieiojeant  at  arms,  to  this  House,  to  answer 
UfHMdemeuKor  and  breach  of  privilege." 

Dee.  19.  ''  llesohred.  That  sheriff  Sterling 
W  caHed  to  the  bar  of  this  House;  and  shall, 
ipiB  Ui  knees,  receive  the  reprehension  of  Mr. 
flrctkor,  for  his  contempt  and  breach  of  the 
•iff  if  this  House ;  and  that  he  be  continued 
■  Ike  custody  of  the  seijeant  at  arms,  till  he  do 
CUM  Lyde,  servant  to  sir  Henry  Herbert,  to  be 
irfmed  out   of  prison,  without  any  fees  or 

**  The  dieriff  being  called  in,  and  kneeling  at 
ihe  kr,  Mr.  Speaker  gave  him  a  grave  reiire- 
kaaoa ;  and  tokl  bun,  That  some  sheriffs  of 
IsnJBu,  for  a  less  offence,  liad  been  sent  to  the 
Tsvcr ;  but,  in  regard  of  his  loyal  affections  to 
Ui  n|eaty,  the  House  was  pleased  to  remit  his 
oftaee,  upon  the  enlargement  of  the  prisoner : 
bsttfait  he  should  remain  in  the  serjeant^s  cus- 
todlv  until  the  prisoner  was  released,  as  aforc- 

4  June,  167 5,  p.  m.  vol.  9,  p.  353.  *<  Or- 
^end,  Hiit  Mr.  Speaker  do  issue  out  a  warrant 
toMu  Tcdbam,  esquire,  serieant  at  anus  now 
f/^tadiBg  wim  House,  to  authorize  and  require 
bn,  that,  if  any  person  or  persons  shaU  attempt 
wgoaboiitto  arrest,  imprison,  or  detain,  him 
&Qni  oecnting  his  office,  or  from  his  attcnd- 
•nee  upon  this  House,  to  apprehend  such  per- 
MOi,  and  brin^  them  in  custody  to  answer  their 
l|RMfa  of  privilege ;  and  to  reunire  and  autlio- 
liietl  peisoiia  to  be  aiding  anci  assisting  to  liim 

IS6KU« 

4th  June,  168t),  vol.  10,  p.  164.  *'  A  Petition 
•f  John  Topham,  e:v|uirc,  was  read  ;  setting 
fcith.  That  he,  bcin^  a  Serjeant  at  arms,  and 
ittaidnig  ^e House,  m  the  year  1679  and  1680, 
*te  several  orders  were  made  and  dircxsted  to 
Ihe  Petitioner,  for  tfie  taking  into  his  custody 
theteverni  persons  of  sir  Charles  Neal,  &c.  9cc. 
•i  oihera,  for  several  misdemeanors  by  them 
mmitted,  in  breach  of  tiie  privilege  of  the 
BMse ;  and  after  that  the  Commons  were  dis- 
Mhed,  the  said  persons,  being  resolve'l  to  ruin 
fte  Petitii^er,  did,  in  Hilary  IVrm  the  33rd  or 
Ml  of  king  Charles  ,  sue  the  Petitioner  in 
^  King's-bench,  in  several  actions  of  trespass, 
toery,  and  iUse  imjirisonment,  for  taking  and 
dctunmg  them  as  aiortsaid :  To  which  actions 
Ae  Petitioner  pleaded  to  the  jurisdiction  of  the 
ionit  the  Mwlflevend  orders;  but  such  his  plea 


7S]       STATE  TRIALS,  32  Charlbs  H.  I  S^^O.-^PriviUge  of  Partttment        [74 

mi  18 1»ec«nU^voL8.  P-  336.      C.sb  of   ^Z^'St^^n  S^.S^e'S^t 

^^^*  pleaded  the  orders  in  bar  to  the  actions ;   not- 

withstanding which  plea  and  orders,  the  then 
judges  gave  judgmoit  against  him,  (Sec." 

6th  July,  p.  S09.  "  Colonel  Birch  reports 
from  the  Committee  of  privileges  and  elec- 
tions, to  whom  the  petition  of  J.  Topham  was 
referred,  Sec. 

"  Whereupon  the  House  Resolved,  That  this 
Houde  doth  agree  with  the  committee,  that  the 
judgment  given  by  the  court  of  Kipg*s-bench, 
in  Easter  Term,  34  Car.  9.  Regis,  upon  the 
plea  of  John  Topham,  at  the  suit  of  John  Jay, 
to  the  jurisdiction  of  that  court;  and  also  the 
judgments  given  agamst  the  said  Mr.  Topham, 
at  the  suit  of  Saniuei  Verdon,  &c.  are  iuegal, 
and  a  violation  of  the  privileges  of  parliament, 
and  pernicious  to  the  nghts  of  paiiiament, 

"  Ordered,  That  sir  Francis  Pemberton,  sur 
Thomas  Jones,  and  sir  Francis  W^-thens,  do  at- 
tend this  House,  on  Wednesday  mominir 
next."  ^  ^ 

19  July,  p.  227.  "  Sh*  Francis  Pemberton 
and  sir  Thomas  Jones  attending,  were  called 
in ;  and  having  been  hoard  in  their  dd^cmcc, 
were  committed  to  the  Serjeant  at  Arms,  for 
their  breach  of  the  privileges  of  this  House,  by 
^ving  judgment  to  over-rule  the  plea  to  the 
jurisdiction  of  the  court  of  King's-bench,  in 
the  case  between  Jay  and  Topham.'* 

The  Case  of  sir  William  Williams ;  against 
whom,  after  the  dissolution  of  the  parliament 
held  at  Oxford,  an  information  was  brought,  by 
the  Attorney  General,  in  the  King's-bench,  iu 
Trin.  Term,  36  Car.  3,  for  a  misdemeanor 
for  having  printed  the  information  against  Tho- 
mas Dangerfield,  which  he  had  ordered  to  be 
printed,  when  he  was  Speaker,  by  order  of  the 
House.  Judgment  passed  against  him  on  this 
information  in  the  second  year  of  king  James 
the  Second.  This  proceeding  the  Convention 
Parliament  deemed  so  great  a  grievance,  and 
so  high  an  infringement  of  the  rights  of  parlia- 
ment, that  it  aupears  to  your  committee  to  be 
the  principal,  ir  not  the  sole,  object  of  the  fii-st 
part  of  the  eightli  head  of  the  means  used  by 
king  James  to  subvert  the  laws  and  liberties  of 
this  kingdom  as  set  forth  in  the  declaration  of 
the  two  Houses;  which  will  appear  evident 
from  tlie  account  given  in  the  journal,  8tli  Feb. 
1608,  of  the  forming  of  that  declaration,  the 
eighth  head  of  which  was  at  first  conceived  in 
these  words  ;  viz.  *'  By  causing  informations 
to  be  brought  and  prosecuted  in  the  court  of 
King's- bench,  fur  matters  and  causes  cog- 
nizable only  in  parliament ;  and  by  divers  other 
arbitrary  and  illegal  courses." 

11  ftbruary  1688.  "  To  this  article  the 
Lords  disagreed ;  and  gave  for  a  reason,  be- 
cause the^  do  not  fully  apprehend  wliat  is 
meant  by  it,  nor  what  insiances  tiiere  have  been 
of  it;  which  therefore  they  desire  may  be  ex- 
plained, if  the  House  shall  thinJc  tit  to  insist 
further  on  it." 

12  February  1688.  <'  The  House  disagree 
vfiih  the  Lonb  m  then:  amendment  in  leaving 


7d]  STATE  TRIALS  3gCHAEL»slL  l6S0^Pr§€eii{wg$  iffilmmM.  fUmtam:  [rft 


out  die  ciglitfi  article.  Bnl  in  veneet  of  die 
Iflwrty  gnren  by  the  Lorde  in  fiptyning  thai 
matter: 

*^  tUnlrad,  That  dw  words  do  atand  in  tlua> 
manner  :*-By  proaecutiona  in   the  court  of 
Kii^-bendi  for  mattera  and  onaea  cognizable 
only  in  pailiamenty  and  by  direra  oueraibi- 
tranr  and  illegal  conraea." 

Hy  whidi  amendment,  yonr  committee  oh- 
aerfoa,  thatthe  Hooae  adapted  the  artide  more 
ciorrectljrtothecaaeth^nadinTievr;  for  the 
informalibii  waa  filed  m  long  CHiarlea  the  ae- 
cidnd's  time ;  but  the  yroaeeotion  waa  carried 
oily  and  judgment  obtamed,  in  the  aeoond  year 
ofldng/amaa. 

That  the  meaning  of  the  Houae  should  be 
made  more  endentto  the  Lords;  the  House 
OKderedy  '<  That  air  William  Williams  be  added 
to  the  mauqrera  of  die  conference;"  and  air 
WQliam  Wmiama  the  same  day  >^SPM^  die 
eonference.with  the  Lords :  ana  **  That  thenr 
lordships  had  adopted  the  article  in  the  woida 
aa  amended  b;^  the  Commons."  And  corre- 
sponding to  thia  article  of  gnenmce  is  the  as- 
aertion  of  the  right  of  the  sulgect^  in  the  mndi 
article  of  this  itecbratoiy  put  of  the  bill  of 
Rights :  ra.  '*  That  the  freedom  and  debatea 
or  proceedinga  in  parliament  ought  not  to  be 
iibpeaidied  or  questioned  in  any  court  or  place 
out  nf  parliament." 

To  which  may  be  added,  the  latter  part  of 
the  Sixth  Resolotion  of  the  Exceptiona  to  be 
made  in  the  bUl  of  Indemnity,  Journal,  ytil.  10, 
p.  140,  wherein,  after  reciting  the  surrender  of 
chart«nB,  and  the  viplating[  the  rights  and  free- 
doms of  electioDS,  &c.  tt  proceeds  in  these 
words :  '*  And  die  questioninfli:  the  proceced- 
ittga  of  parliament,  out  of  paniament,  by  de- 
darations,  informations,  or  otoerwise,  are  crimes 
for  which  some  persons  may  be  justly  excepted 
out  of  the  bill  or  Indemnity." 

On  die  lldi  of  June  1689,  p.  1T7.  "  The 
House  ordered,  That  the  records  of  the  court 
of  Kiri^'s-beticb,  relating  to  the  proceedings 
against  nilHam  Williams,  esq.  now  sir  ^Vu- 
liam  Williams,  knij^ht  and  baronet,  late  Speaker 
of  th»  House,  be  brought  into  thu  House,  by 
the  Gustos  Brevium  of  the  said  court,  on  Thurs- 
day morning  next."  ' 

On  the  12th  of  July,  p.  215.  "  The  record 
was  read ;  and  the  House  thereupon  Resolved, 
That  the  judgment  given  iu  the  court  of  King's- 
bench,  m  £aster  Term,  ^  Jac.  S,  against 
William  Williams,  esq.  Speaker  of  ^e  House 
of  Commons,  in  the  parliament  held  at  West- 
minster, 25  October  32  Car.  2,  for  matters 
done  by  order  of  the  House  of  Commons,  and 
as  Speaker  thereof,  is  an  illegal  judgment,  and 
against  the  freedom  of  parliament 

«  Resolved,  That  a  bill  be  brought  m,  to  re- 
v^erse  the  said  judgment." 

This  bill  was  twice  read ;  but  went  no  fur- 
ther m  that  session. 

^691.  28  April,  vol.  10,  p.  53r.    "  A  com- 

Twiiw  bcmg  made  to  the  House,  That  Sam. 

*gg;«^«w  William  Philipps,  esquires,  Walter 

'IHomboroi^,  an  attorney  at  law,  and  Francis 


tfeare,  liady  lora 

Sat  session  for 
TOttred  totom 
of  the  kmgdnm  ef  Iidaad,* 
Hooaeyoot  of  the 


i€fm 


« Ordered,  Tint  it  bt.  reAma4  aa^ 
Speaker,  9ce, 
^  Ordered,  Hut  Hbr.  ^eakor  4» 


nttht 


t: 


■»'.**< 


letter  to  the  protfaoootarr        _    „ 

out  and  totheafaeriff  of  dmeoiuritf  afti 

^bcoke  that  he  do  not  esaeqtey  M^  wntr  *^ 
the  lord  Bulkdcy'a  poaaaaMi  naqr 
tnrbed,  until  Mr.  Speaker  aball  hsna 
and  reported  die  matafer  to  the  JSai 
Houae  take  furdier  order  theniB." 

ina,  ApriKl4, 16, 16,  ToL  18,  p.  4tO.  H 
Houae  bemg  acquamted  diaft  JonatfaaMjP 
eaq.  a  member  of  thia  Honaei  has  )ftm 
moned,  by  John  Metoalf  and  Alena  ~ 
esoaires,two  jostioes  of  dia.peaoe  for 
of  teddfeaez,  to  apiiear  bsfare  tlMi%  la 
oatha  ai^ointed  by  die  late  act  ef 
which  aummona  waa  defivmd  in 
table,  and  read: 

«« Oidered,  Hiat  John  Metealf. 
ander  Ward,  eaquirea,  do  attend  thia 
morrow  moniiiu%" 

AprilU.  <«  Were caDed m:  IImv c 
leged  they  did  issue  a  warrant  for  I^. 
to  come  and  take  the  oadM;  b«t  tb|k  ~ 
not  know  he  was  a  w^mfpr  of  tlie 
til  they  had  made  a  return  into  the  qi 
sions. 

«  Ordered,  That  die  derk  of  die  . 
the  comity  of  Middleaex  do  attend,  npqii 
day  mormng  next,  with  the  retlun,  dee. 

Aprfl  16.  "  Ordered,  nem.  ooo.  IM  Al 
deputy  clerk  of  the  peace  fonr  the  tamt^4$ 
Middlesex  be  called  in,  and,  at  the  tahla,  anm 
the  name  of  Jonathan  Elford,  esq.  a  menbvfl 
this  House,  out  of  the  return  made  by  JohmMMt 
calf  aud  Alexander  Ward,  esquires,  two  -elMB 
justices  of  the  peace  for  the  aaid  f»ffnwfr^ 
such  persons  as  nave  been  summoned  by  ftiai 
to  take  the  oaths,  and  who  have  negfeoled  sal 
refused  so  to  do. 

"  Aud  Mr.  Hardestv  waa  called  in ;  mLd 
the  table,  erased  out  the  name  of  Fimathanji: 
ford  accordingly." 

14  Nov.  1640,  S  vol.  p.  39.  "  Ont^a^ 
That  a  warrant  shall  issue,  under  Mr.  n^iajiaill 
hand,  to  all  mayors,  justices  of  peaioet  bsflMlb 
sheriffs,  constables,  and  (^er  ma  mqjaalj^ 
officers  of  this  kingdom,  requiring  them  tapp 
assistant  to  the  bearer  or  bearera  m  die  aiaiimt 
of  this  House,  for  die  bringmgin  aafe  riMfcufff 
sir  G.  Raddiffe  to  this  Hoiue,7or  the. better  aSl 
more  effectual  execution  of  hia  d)r 
warrant." 

January  11th  1641,  vol.  9,  p.  3? I. 
dered,  Tnat,  in  the  execution  of  the 
this  House  for  the  apprehending  of  sir 

Brooke,  the  Seijeant  at  Arma  attendiiM^T 

House,  his  deputy  or  deputiea,  doiei|iSe  ^ 
aasistance  of  aU  sherids,  justices  of  peaee»  ep* 
stables|  and  other  officers,  fortheapprehendhg 


17]       STATE  TRIALS,  32  Charlbs  II.  l6S0.— Privilege  of 


[79 


flf  the  sud  mr  Bazil  Brooke ;  and  to  use  all 
■fHBUe  dilqpeiice  herein." 

91  Deixiiifaer  1660,  toI.  8,  p.  929.  <*  This 
HMMhaviDff  formcriy  ismied  an  order  for  the 
Meat  at  £nii8,  &c.  to  send  lor  in  custody 
Wiboi  Nabbs  and  Mr.  Bfaurice  Tompson, 
Arviofatine;  the  pririlefl^  of  this  House,  in  tlie 
ow  of  sir  Francis  Lawleyi  and  being  inibrm- 
fi  ibt  the  said  Nabbs  withdraws  himself;  and 
te  tbe  aerieant's  d^uties,  who  bad  in  charge 
ibe  warrant  as  to  Mr.  Tompson,  were  dtfnied 
■Uftnoe  to  him ;  and  that  slighting  and  con- 
iwaplaoQa  words  were  given  touching  the  war- 
IHI;  tbe  said  deputies  were  called  in  to  the 
.  iv  if  this  House,  and  examined ;  viz.  Walter 
(Ml  and  Simon  Lowen. 

"Acsobed,  That  Mr.  Maurice  Tompson  be 
■it  ftr,  in  custody,  as  a  delinquent ;  and  that 
lbs  Seijeant  at  Arms  be  empowered  to  break 
lycB  Mr.  Tompson's  house  in  case  of  resist- 
■K,  and  also  to  brine  in  custody  all  such  as 
Ml  make  opposition  tnerein ;  and  he  is  to  call 
H  \m  assistance  the  Sheriff  of  Middlesex,  and 
iliAer  ofiicers  as  he  shall  see  cause,  who 
mnqoiredto  assist  him  accordingly." 

immry  94»  1670,  vol.  9,  p.  193.  '*  Infor- 
■itiBn  bemg  given  of  a  very  high  contempt 
nrf  Bysdemeanor  committed  against  the  House, 
iy  wsuhiug'  and  beating  George  Dudley,  de- 
,  Pi^  to  4ie  Seneant  at  Arms,  and  rescuing  out 
«f  bs  ciiilody  Tliomas  Parsons,  (Sec. 

"  Which  misdemeanor  and  rescue,  the  said 
IM^  did  testify,  was  oonunitted  by  Mr. 
Ma  Cox,  under  sheriA' of  the  county  of  Glou- 
cater,  and  his  bailiff  and  others. 

^  Kcsolved,  That  the  Serjeant  at  Arms  at- 
iafing  this  House,  or  such  deputy  or  deputies 
as  he  MHiD  appoint,  do  apprehend  and  take  into 
oBlody  Mr.  John  Cox,  under  sheriff  of  the 
OBonty  cf  Obncester,  ^ViUiam  Forder,  &c.  <Scc. 

"  Aad  tbe  high  sheriff  of  the  county  of 
Cbucerter,  and  other  officers  concerned,  are  to 
be  reipiired,  by  warrant  from  Mr.  Speaker,  to 
be  aidmcf  and  assisting  in  the  execution  of  such 
wiirantl" 

Tide  also— Topham,  as  before,  Jime  -J,  1675. 

86FebnuDry  1701,  vol.  1.3,  p.  767.  "  Re- 
fohed.  That  to  assert,  the  House  of  Com- 
OMnshave  no  power  of  commitment,  but  of 
tbcir  own  members,  tends  to  the  subversion  of 
tbe  constitution  of  the  House  of  Commons." 

iRtpartM  from   Commiitee$  of  the  Houic 
of  Commons,  vol,  3,  p.  6.3 

Hie  Committee  consisted  of  the  following 
foions: 

The  right  hon.  Wettmre  Ellis ;  Mr.  Solicitor 
General,  (Alexander  Wedderbume,  afterwards 
carl  of  Kosslyn  and  successively  Lord  Chief 
JiKtice  €if  the  Court  of  Common  Pleas  and 
LonI  Chancellor) ;  Mr.  Attorney  General,  (Ed- 
wird  Tlinriow,  aderwards  lord  Thurlow  and 
Lord  Chancelkn*) ;  Jeremiah  Dyson,  esq. ; 
Rose  Fuller,  eso. ;  The  right  hon.  sir  Gilbert 
Eflbt,  hart. ;  Sir  HenryHogfaton,  bart. ;  Sir 
Bllbun  Bagut^  bart^  The  right  hon.  Hans 


Stanley ;  Sir  Thomas  Clavering,  bart ;  Ro. 
bert  Henley  Ongley,  esq. ;  Thonu»  De  Grey, 
esq.  ;  The  right  lion,  lord  John  Cavendkb; 
The  right  hon.  lord  George  Sackville  Gennain ; 
The  hon.  John  Yorke ;  The  hon.  Charles 
Marsham ;  The  Lord  Advocate  of  Scotknd ; 
Doctor  William  Burrell ;  John  Buller,  of  £xe« 
ter,  esq. ;  Sir  Roger  Newdigate,  bart. ;  Fre- 
derick Montagu,  esq. 

This  report  is  said  to  have  been  prepared  by 
the  Attorney  General  and  Solicitor  General. 

Thus  it  appears  that  there  are  abundance  of 
precedents  of  punishment  by  tbe  House  of 
Commons  for  breach  of  privilege,  and  accord- 
ingly lord  Hale  ^^iee  1  Hargrave,  Juridical  Ar« 
gunients  and  Collections,  p.  7.)  says,  <^  surely 
the  right  of  criminal  punishment  ot  breaches  of 
privilege  of  the  members  of  the  House  of  Com* 
mons  by  long  and  ancient  usage  belongs  to  the 
House  of  Commons,  but  not  to  give  damages." 

Precedents  should  not  by  any  means  be 
slighted.  On  the  contr«iry  m  the  law  of  Eng- 
land  they  are  contemplated  uith  very  great 
respect,  or  as  Mr.  Justice  Blackstonc(l  Conun. 
7 1.)  expresses  it,  '*  the  deciKions  of  courts  are 
held  in  the  highest  regard ;"  and  this  chiefly  as 
being  eviilence  of  what  the  law  is  ;  but  partly 
also,  as  it  seems,  for  the  preservation  of  urn- 
fonnity  an<l  prevention  of  uncertainty,  or,  ac- 
cording to  his  phrase,  **  to  keep  the  scale  of  jus- 
tice even  and  steady,  and  not  liable  to  waver 
with  every  new  judges  opinion ."  ( 1 .  Comm. 
69.)  But  this  regard  and  respect  for  precedents 
is  not  unlimited,  for,  as  the  same  learned  com- 
mentator instructs  us,  (vol.  1.  p.  71.)  **  the  law 
and  the  opinion  of  the  judge  are  not  always 
convertible  terms,  or  one  and  the  same  thing  ; 
since  it  sometimes  may  happen  that  the  ju^e 
may  mistake  the  law.'^  In  truth,  as  bishop  Bur- 
net'told  sir  William  Junes  (See  vol.  6.  p.  1491 
of  this  Collection) ''  a  precedent  n^nst  reason 
may  signify  no  more  but  that  the  Idee  injustice 
has  been  done  before.*'  Accordingly  the  excel- 
lent Chief  Justice  Vaugliau  said  in  the  Case 
concerxiing  '*  Process  out  of  the  Courts  at 
Westminster  into  Wales,"  (Vau^h.  Rep.  419.) 
**  l^recedeuts  are  uscfid  to  decide  questions  i 
but  in  such  cases  as  depend  u|)on  fundamental 
principles  from  wbich  demonstrations  may  be 
drawn,  millions  of  precedents  are  to  no  purpose." 
See  too,  u|>on  the  invalidity  of  the  longest  and 
most  unifunn  succession  of  precedents,  in  con- 
tradiction to  tiie  plain  unambiguous  words  of 
a  statute,  or  in  departiu*e  fi-om  tbem,  whether 
by  construction  or  otherwise,  the  powerful  ob- 
senations  of  Mr.  Erskiue  at  tlie  Trial  of  John 
Home  Tooke,  (a.  d.  179-1,  infra),  which  ob- 
servations were  recognised  and  reasserted  by  his 
lordship  in  the  House  of  Lords  on  the  7  th  ol  May 
in  tbe  present  year  1810  [See  Cobb.  Pari.  Deb. 
vol.  xvi.] 

That  zealous,  eloquent,  and  potent  friend  of 
establishments,  Mr.  Burke,  has,  indeed,  in  his 
anxiety  to  preserve  tlie  fabric  of  our  adiiiiiiihle 
constitution,  by  the  removal  of  whatever  is 
likely  to  impair  or  indanger  its  tbundationSy 


79]  STATETRIAIA5tCBAirLKsILl68O.---/V)0ccrdS«g:ii^ 


of  pieccduti  with  vciy^  faltle  levC'  f 
After  iutiodacii^  to  tlie  coBteni|iC  of. 
kii  hmm,  tboK  wbo  «*  are  proud  of  the  ao- 
ti^oity  of  tfadr  Hoaie,  and  defend  their  cr- 
lon  as  tf  they  were  defeadincr  their  inheritaooe, 
afraid  of  deroeatiD|^  fiooi  their  noUity,  and 
carefolly  avoi&i^  a  aort  of  bloc  in  their  soot- 
ffifaoon,  which  they  think  would  degrade  them 
fiir  t^v ;"  he  proceeds,  <«  It  was  thoa  that 
the  imfortunale  Charles  the  first  defended  him-  • 
aelf  onthe  practioeof  the  8toarts"  [I  coniec- 
tore  he  meant  the  Sjcoart]  **who  went  b«3bre 
him,  and  of  ad  the  Tudon.     His  partisans 
might  hare  gate  to  the  Plantagenels.    Tbev  . 
might  bare  tbimd  bad  examples  enoogh  bom  . 
abroad  and  at  home,  that  coiUd  hare  shewn  an 
Slaitnoiis  descent.     BoC  there  is  a  time,  when 
flienwil]  not  suffer  bad  things,  becanae  their 
anoestors  hare  sufleicd  worse.    There  is  a  time  . 
when  the  hoary  head  of  inreterate  abuse  will 
nrithiT  draw  rererence  nor  obtain  protection."  : 
gpecdiin  the  House  of  Commons,  Feb,   Jlth  i 
1780. 

And  it  most  be  admitted  that  when  oooside- 
tation  is  had  of  the  liability  of  the  powerful  to 
Mofennd  power  with  right  *  (a  topic  the  theonr 
•f  whieh  penrades  the  composition*  of  moral- 
ins  of  erery  ase,  and  of  erery  deacripiion, 
paats,  orators,  pnikMophers ;  and  the  practice  , 
of  which  is  proclaimed  in  almost  erery  page  j 
of  history)  It  may  perhaps  be  not  unressooame  i 
to  entertain  the  opinion  that  precedents  of  acts 
of  power  exercised  by  indiriuiods  or  bodies  of 
Dwo,  possessing  or  supposed  to  possess  suffi- 
cient strength,  physical  or  moral,  to  enlbrce 
the  ezerdse  of  such  acts  of  power,  are  not  of 
oqnal  ralidity  with  precedeniB  of  other  kinds, 
so  eridence  of  right.  This  opinion  will  derire 
nuich  support  from  many  parts  erf*  this  CoUec- 
tioQ.  See  the  early  State  Trials  as  refiTred  to 
hj  Foster  284,  the  great  Case  of  Impositions 
ID  this  Collection,  rol.  2,  p-  37,  and  Mr.  Har- 
crare'sadmiraUe  Introduction  to  that  Case ;  the 
Bistoty  of  the  Proceedings  out  of  which  arose 
the  Petition  oi'  Right ;  and  the  History  of  the 
Proceedings  out  of  which  arose  the  Rerolution 
in  the  year  1683.  See  also  the  Case  of  Penn 
and  Mead,  rol.  6.  p.  921,  and  the  notes  thereto ; 
And  Chief  Justice  Vanghan's  ai^gument  in 
Boshell's  Case,  rol.  6,  p.  999  of  this  Collection. 
6aetoo  the  particulars  of  lord  Loughborough's 
attempt  at  the  Summer  Assizes  1789  to  ex- 
act a  fine  of  fire  hundred  pounds  upon  the 
county  of  Essex,  for  defects  m  their  jad ;  as  to 
which  attempt  the  difference  is  to  be  noted  be- 
tween fines  imposed  upon  counties  by  a  judge, 
nod  amercements  upon  counties  assessed  6v  a 
jury  of  the  body  of  the  county.  The  law  rdat- 
ing  to  this  last  Case  has  been  rery  profoundly 
inrevtigatui  by  Mr.  Hargrare,  and  it  is  to  be 
hoped  that  he  wiQ  make  public  the  result  of  his 
raluable  lucubrations  ou  tlie  Subject. 

•  ^  Judges,"  says  lord  Hale,  (Jucisitictkmof 
LvdaHoMeorPwliafnentyp.  93.)"oommoiily 
•hilit  rothcr  to  amplify,  if  it  may  be,  than  to 
ahri^fotlkir  own  juriMictioD." 


The  Case  of  Trewynniard  has  1 

ttcn 

noticed  in  the  late  db 

COBBOmi   CODO 

enm 

vikge  of  parfiament. 

ItisgircBso 

Ml 

Mr.  Baron  Maacfea  in 

his'^CoOectiaBoi 

and  Records  cooccra 

mg  Pkifflfge 

of] 

mem,"  p.  &3. 

TacwTKoiBn's  Cjisx.  Easter,  36  and  31 
8,  A.  D.  1544,  m  B.  R  Tide  Dy< 
59,  b. 


'«  In  the  Kuur's-bendi  dv  case  wa 
One  WiUiam  Trew;\nniard  was  impi 
upon  a  writ  of  Exigait  that  iarard  upon 
pus  ad  Satisfiuaendnm  at  the  suit  < 
Skewb;  and  he  being  thereupon  taken  i 
cution,  a  writ  of  the  piiiilege  of  pailiBm 
sued  to  Robert  Chamond,  at  that  time 
of  the  comity  of  CornwaD,  rooting  tha 
wynniard  was  a  burges  of  parhunen 
likewise  reciting  the  custom  of  privilege  < 
liament.  The  sfaeriflfm  ohef&ence  to  ihi 
dorinjg  the  last  session  of  the  hut  parii 
hdd  in  the  35th  year  of  the  kine  that  i 
let  Trewynniard 'go  atlaige.  Heteop 
executors  of  Skewis  bring  an  action  o 
against  the  said  Chamond ;  and  they  den 
in  law  upon  this  matter. 

In  this  case  there  are  three  tfiingi 


''  1st.  ^Vhether  the  pririlege  of  paifi 
lay  in  this  case  for  a  borgem  of  the  parfi 
arrested  upon  a  writ  of  execution. 

"  tedly.  Supposing  the  pririle{(e  by 
case,  whether  the  part\',  upon  his  hem 
larged  in  consequence 'of  it,  shaO  by  ^w 
largcment  be  absolutely  discharged  fn 
execution  to  be  had  against  him  by  ihn 
party  at  any  time  hereafter,  or  only  duri 
time  of  pariiament. 

««3rdly.  Whether,  if  privilege  should  1 
not  to  lie  at  all  in  this  case,  the  baring  m 
obedience  to  this  writ,  as  the  king's  wan 
him  proceeding  firom  the  parliament,  sh 
be  a  sufficient  excuse  for  the  sheriff's  co 
and  dis(;harge  him  from  being  answerable 
pbuntiff  for  the  debt. 

*'  With  respect  to  the  first  point,  it  se 
that  priTilege  u  to  be  allowed  in  this  case, 
the  proof  w  this  it  is  necessary  to  cxmsid 
estate  of  parliament,  which  consists  ol 
parts,  namely,  the  king  as  the  chief  hei 
lords  chief  and  princijial  members  of  the 
and  the  commons,  to  wit,  the  knights,  cr 
and  burgCMit's,  as  the  inferior  memoers ;  \ 
together  constitute  the  body  of  the  pariii 
It  is  alsM)  proper  to  consider  the  electi 
these  members,  uith  what  care  and  sdk 
they  are  elected,  the  manner  of  perfi) 
which  elections  appeacs  in  the  statutes 
concerning  them.  And  when  they  are  < 
and  returned  to  parliament,  it  is  understi 
all  men  they  are  the  wisest  and  most  di 
men  in  the  kingdom,  and  the  fittest  to  * 
upon  the  good  of  the  commonwealth ;  ai 
cordingly  the  writ  of  summons  to  parfi 
directs  tnat  they  be  chosen  *  de  grarioii 
*  dMcrdNribiit  virin,*  6cc    And  after  tin 


STATE  TRIALS,  32  Charles  II.  l6S0,^Prmlege  of  Parliament.         [82 


, 'Chimed,  tbdr  personal  attendance  in  the 
"""^ntls  80  necessary  that  they  ought  not 
*■?  ^'Qsiness  whatsoever  to  be  absent,  and 
*'**  person  can  be  well  spared  because  he  is 
**^>7  member ;  and  for  this  reason,  if  any 
^^  dies  during  the  parKament,  a  ne\*'  one 
JJ^  <^boscn  in  bis  sU^,  to  the  end  that  the 
™*  liumlw  may  l>e  kept  up  undiminished. 
Jp  from  hence  it  follows  that  tl\e  person  of 
^^^ch  member  ou^ht  to  be  privUeged  from 
Ir'S2''wted  at  the  suit  of  any  private  person 
g""?^  time  that  he  is  busied  about  the  af- 
wJL*^  iung and  kingdom.  And  tliis  privi- 
^Msilwaj-s  been  granted  by  the  king  to  his 


J^T^ttiherfduest  of  the  Speaker  of  the 
J***«o»tllie  lirst  day,  kc.  Tlicrefure  com- 
Shdf?'*  directs  that,  inasmuch  as  the  king 
no  rf  ^'%'^^*™  *>»^'e  an  interest  in  tlie  ptT- 
ttj!l^^^^^  *^  members,  the  private 
|T|^*°gofany  particular  man  ought  not  to 

•ilBrf^.*  ^*  *^  **  *  maxim  in  the  law, 
I ^^J"^ dignnm  traliit  ad  se  minus  dig- 

\  fci  i  aJ'^'  ^^^  "***  *"  ^^^  ^^^  y^*^  ^^  Edw. 
rrrrfii'i-  '^^^  man  is  condemned  in  trespass 
beS^!?'  *?^  ''^ '"  execution  for  the  fine  to 
^^^"j»Ju  he  is  outlawed  for  felony,  his  body 


gg^^'pprisoned  at  the  suit  of'  the  party, 

Nui  »li2f    '^  ^**  an  interest  in  his  bwly, 

adDd^k'^^^"^  &c.     It  may  therefore  be 

-"*w  that  this  court  of  parliament  is  the 

auir  Mk  '^'^'''l''  *"*^  ^^  more  privileges 
adi  iLfc?^  court  of  the  kingdom ;   for 


liont^mt!^  it  seemeth  that  in  every  case 
.  j^  ^cepiion,  every  burgess  is  intitleCi 
JJJjf  ^hea  the  arrest  is  only  at  the  suit  of 
^r^»  *nd  the  present  case  is  stroncfer 


^v;»  «nd  the  present  case  is  stron^r 
ii^^^geion  onc«,  because  the  execution 
.^.j»yi>gthe  time  of  pariiament,  and  the 
t"~5J?|i>s election  whether  he  would  sue 
-LmJ^*^  against  his  body  or  against  his 
'j^jy.y^.  And  further,  every  privilege 
^^^  ^  prescription ;  and  every  prescrip- 
■™J poinotes  tne  public  wellare  is  (j[ood, 
■■*P*  ttniay  be  a  prejudice  to  some  private 
5'**'^Wi  m  the  time  of  Edw.  4,  a  prescrip- 
■■^*8iD  another  man's  ground  ailjoining 
•^**t  in  Older  to  erect  bulwarks  against  the 
^^PJ^oes,  was  held  to  be  good. 
J^  "Eipect  to  the  2d  point,  it  seemeth 
■^«prty  is  not  discharged  from  execution 
?  .  ^y/»r  *  certain  time :  for  it  is 
j^ywl  or  unreasonable  that  a  ju<lgment 
■■JhBat  one  time  executed,  and  at  anotlier 
^f^  i  M  when  a  fine  is  levied  with  a  re- 
[jM»ofw,  and  after  the  death  of  the  tenant 
ifeH^dntes,  and  he  in  remainder  recovers 
tmefkaaB,  and  afterwards  the  recovery  is 
WW  ftr  ever,  he  nr  his  heir  shall  have  a 
^  tore  facias  notwithstanding  it  was  once 
■BiBd;  fiiT  the  cause  wUlthen  cease:  and 
be  like  reason  the  person  of  a  man  may  be 
kgcd  for  a  certain  time,  and  yet  he  may 
Rpinb  be  put  in  prison ;  as  if  a  villain  comes 
freg  in  anftient  demesne  for  a  year,  his  lonl 
*  afterwards  lay  hands  upon  him ;  the 
;  the  same  where  the  presence  of  the  king 
loctoary  to  him ;  and  yet  formerfy  the 
L.  yiif. 


/ 


lord  might  have  seized  ujioii  him  aAenvards : 
by  the  same  reason,  \c.  And  there  is  a  differ- 
anc-e  to  be  made  where  the  ImxIv  of  a  man  that 
is  in  execution  is  set  at  large  by'the  airtliority  of 
the  law,  and  where  it  is  done  without  authority 
by  the  sheriflPs  own  will  and  boldncKS :  for  the 
law  will  save  all  rights  ;  as  in  the  cases  of  m1- 
lains  alwve-mentioned,  ihey  are  by  the  law  nri- 
vilegeil « pro  temnore ;'  but  ^if  the  lord  himself  in- 
franchises  them  by  manimiission  indeed  or  law 
for  an  hour,  tliis  infranchisement  is  good  fm* 
ever,  *  favoruin  libertatis.*  AUiO  the  law  by  a 
pluiicular  statute  directs  that  *  ces:t'.iy  a  que  use' 
niay  enter  and  make  a  ti^iTinent,  and  tliis  shall 
bind  his  leoffees  ;  yet  if  a  *  cestuy  a  que  in  use* 
tail  makes  a  feoffment,  this  is  no  discontiniiancp. 
Also  the  law  directs  that,  i<a  bishop  nresentoi  to 
a  benefice  by  lapse  upon"  default  or  the  riglit 
patnm,  yet  his  iircsentation,  whicjli  is  maik  by 
authority  of  the  law,  shall  not  prejudice  the  right 
pati-ons.  For  these  reasons  in  the  present  case 
this  enlanrement  by  writ  is  only  a  privilege  of 
the  burgess  *  pro  tein|>ore,*  and  not  a  discharge 

*  in  pfTpetuum  ;'  as  in  the  case  mcutione<l  alxive 
tliut  hap|ien(Ml  in  6  Edw.  4.  the  cxc>calion  of  the 
party  to  have  the  body  in  prison  was  suspended 

*  pro  tempore*  until  tlu*  king  had  imrdtmed  him 
the  felony,  but  attcnvards  is  revived,  •  prout  ad- 
'jiulicatur  ibidem,*  by  which  it  soemelh,  &c.  It 
thei'efbre  follows  that  no  action  is  given  against 
the  sheriff  for  the  escape,  unless  in  respect  that 
the  principal  debtor  is  ilischargcnl,  there  being 
no  reason  that  the  plaintiff  shoidd  l>e  twice  sa- 
tisfied for  the  same  debt,  for  which,  &c. 

And  as  to  the  tliird  point,  it  seemetli  that  the 
sheriff  is  not  answerable :  For  if  no  default,  or 
laches,  can  l)e  ascribed  to  the  sheriflT,  there  can 
be  no  reason  to  charge  him  with  the  debt ;  and 
there  seems  to  have  been  no  defaidt  in  him. 
For  the  office  of  sheriff  consists  chiefly  in  the 
execution  and  serving  of  writs  and  processes  <^ 
the  law  :  And  to  perform  these  he  is  the  im- 
mediate officer,  and  he  is  sworn  that  he  will 
pei-fbrm  them.  And  for  this  reason  he  is  bound 
by  his  office  and  oath  to  make  a  just  return. 
And  the  law  supposes  him  to  be  a  lay  ]iersony 
and  not  to  liave  knowledge  of  the  science  of 
the  law  ;  and  he  is  therefore  unable  to  argue  or 
dispute  whether  any  A^Tit  that  he  receives  comes 
to  him  with  or  without  sufficient  authority : 
and  ujK>n  this  ^^und,  if  a  (*apias  comes  to  him 
without  any  original  writ,  and  he  serves  it,  he 
will  I>e  excused  for  so  doing  in  an  action  of 
false  imprisonment.  The  law  is  the  same  if 
a  capias  or  an  exigfent  comes  to  .the  sheriff 
against  a  duke  or  an  earl,  against  whom  it 
does  notice.  And,  to  prove  that  the  sheriff  is 
not  hound  to  to  take  notice  of  the  law,  the  writ 
<  de  homine  re|ilegiando'  iHrects  that  tfie  sheriff 
shall  make  deiiverance  of  the  body,  unless  the 
man  was  taken  into  custody  by  the  special  com- 
mandment of  the  kinqr «  velcapitalis  justificarii, 
'  yel  pro  morte  homiiiis,  vel  pro  foresta,  vel  pro 

*  aliquo  alio  recto  quare  secundum  coiisuetudi- 
'  nem  Anglise  non  est  replejdabilis.'  And  fur- 
ther by  the  statute  of  Mar&ridgc,  cap.  8^  the 
sheriff  shall  be  amerced  V£  te  M^es^  «^  igwswwx 

G 


831  STATE  TRIALS,  3Q  Charles  II.  xSZO.-^ Proceedings  tgaiiut  R.  Tkompion:  [84 

You  have  very  properly  confined  your  quei- 
tioDS  to  the  particular  case,  tumishod  nie  by  tha 
affidavit  which  you  have  transmitted  to  ue; 
and  my  answers  therefore  need  involve  in  them 
no  general  discussions  upon  the  principles  <iC 
civil  ^vemnient,  which  m  the  mere  amtFMt 
are  not  often  u^teful,  nor  always  intelligible. 
The  projK)sition8,  to  which  my  answers  art 
meant  strictly  to  apply,  are. 

First,  WliL'thcr  the  tacts  changed  by  the  aiBr 
davit,  (m  which  your  court  of  Kjnif 's-bench  ii 
proceeiling  agahist  the  magistrates  of  Leitrim, 
are  sufficient  to  warrant  a.:y  €Timinal  prosecu- 
tion for  a  misdemeanor  whatsoever  ? 

Secondly,  Whether,  supposing  tliem  snfE- 
cicnt  to  warrant  a  prosecution  by  informatioii 
or  indictment,  the  court  has  any  jurisdieliQi 


for  n?dweisi:i  »vitliout  s{)ci-ial  precept.  And 
also  the  statute  of  Wl^slm.  'i,  c.  11,  *  de  servi- 

*  entibus  i-t  l>i\lUvis,*  ordains  ihat,  if  any  iiiaii 
is csindomiitxl  in arreamjres  hil'orc  auditors  and 
committed  »o  the  uv\i  i^Hol,  the  sheriff  or  gaoler 
shall  not  deliver  him  by  a  writ  »  dc  homiiie  re- 

*  plejfiando,nec  nliter,*  \*ithout  the  consent  of 
his  master.  And  yet  if  tlwj  party  sues  by  his 
friends  and  obtaii»  a  writ  oi'  £x  parte  talis 
returnable  in  the  Exchequer,  he  may  let  him 
go  at  large  :  and,  notwithstanding  that  he  is 
onee  duiciiar&fe<l,  if  it  ap|iearsu}»on  the  exami- 
nation of  his  accounts  that  he  was  in  arrears 
and  duly  comihitted  to  prison,  he  shall  be  re- 
manded'to  prison  quonsque,  Sec.  ^Vndletus  sup- 
pose that  the  sheriff  in  the  present  case  had  dis- 
oKeved  this  uiit ;  what  damage  must  he  not  have 
suffered  ?  He  would  have  l)een  in  danger  of  per- 
jury, and  also  of  imprisonment  of  his  body,  and 
ransom  at  the  king's  wi'l :  and  this  was  dune  in 
this  same  parliament  against  Hill  and  Suckley 
the  sherifls  of  London,  who  were  committed  to 
the  Tower  for  their  contempt  becaase  they 
would  not  let  George  Ferris,wlio  was  arrested 
upon  an  exocution/go  at  large  when  the  Ser- 
jeant at  arms  came  to  deman<l  him,  though 
without  a  M  rit.  And  it  is  probable  this  prece- 
dent was  a  terror  to  Charaond,  and  made  him 
learful  of  disobeying  the  writ  of  pariiament 
which  is  the  highest  court  of  the  kingdom. 
And  it  appears  ])lain]y  by  the  writ  that  they 
were  clearly  of  opinion  in  the  parliament  that 
the  p^rty  ought  to  have  his  privilege  in 
this  case  ;  for  otherwise  the  writ  woiikl  only 
have  been  an  Habeas  CorpiLs  cum  causa, 
which  writ  is  oftentimes  granted  before  the  jus- 
tices are  agreetl  whether  privilege  lies  in  the 
case. or  no  ;  and  if  tliev  find  that  privilege 
does  not  lie  in  the  case  before  tliem,  they  re- 
mand the  matter  with  a  procedendo  ^c.  And 
therefore,  althougli  the  parliament  should  have 
acted  erroneously  in  grantin  gthe  writ,  yet  their 
art  cannot  be  reiiseil  by  any  other  court :  and 
therdore  there  is  no  default  m  the  sherifiL 


Tlie  following  acoounts  of  the  sentiments  of 
two  great  men  on  matters  connected  with  this 
subject  are  voy  well  worth  preserving.   , 

Mr.  Erskine's  Opinion  of  the  Proceedinpt  qf 
the  Court  of  King^^-Bench  in  Ireland,  by 
Attachment y  written  to  a  Gentleman  of  Mgh 
Reputation  at  the  Bar  in  Dublin.* 

Sib  'r  Bath,  Jan.  Id,  1785. 

I  <eel  myself  very  much  honoured  by  your 
appUcatkm  to  me,  on  an  occasion  so  important 
to  the  public  freedom ;  and  I  ody  lament,  that 
neither  my  aj^  por  experience  are  such  as  to , 
|p?e  wv  opiiooo  any  authority  wkh  die  covt 
^  wliick  you  practise ;  but  wMserer  I  have  no 
dbubt,  I  am  always  n»dy  to  say  what  I  think, 
and  you  are,  therefore,  very  welooiue  to  my 
most  public  sentiments,  if  any  use  can  be  made 
of  tliem. 


*  PnUshed  in  the  IHoniing  Chronicle  news- 
tffer^  1810. 


to  proceed  by  attachment  ? 

As  you  are  pushed  in  point  of  time,  I 

venture  to  answer  lioth  tliese  questions  at  BaA| 
without  the  assistance  of  my  books,  becauM 
they  would  tlirow  no  light  upon  tlie  first  fi«B 
its  singularity,  and  the  Ust  is  much  toocleariD 
require  any  from  them. 

As  to  the  fu^st— The  facts  charged  by  the  af- 
fidavit do  of  themselves  neither  establish  nsr 
exclude  guilt  in  the  defendimts.  In  one  Mil 
of  society  Kuch  proceedings  might  be  higWy 
criminal ;  and,  iu  another,  truly  ^irtuoat  nd 
Ic^l. 

fo  create  a  national  delegation  amongst  a 
free  people,  already  governed  by  rcpresad*-' 
tioii,  can  never  be,  under  all  circunistancesi  i 
crime:  the  objects  of  sucli  delegation,  and  At 
purposes  of  those  who  seek  to  effect  it,  em 
alone  determine  the  quality  of  the  act,  aiid  At 
guilt  or  innocence  of  the  actors. 

If  it  ]K>ints  (no  matter  upon  what  necearity) 
to  supersede  or  to  controul  Uie  existing  govcnH 
ment,  it  is  self  evident,  that  it  cannot  be  tole- 
rated by  its  laws.  It  may  be  a  glorious  revsla- 
tion,  but  it  is  rebellion  agaiust  &e  govemimil 
which  it  changes. 

U,  on  the  other  hand,  it  extends  no  fuitinr 
than,  to  speak  with  certainty,  the  united  ?0M 
of  the  nation  to  its  representatives,  without  a^ 
derogation  of  their  legishitive  auUiority  Mi 
discretion;  it  is  a  legal  proceeding,  wlikk 
ou^ht  not  indeed  to  be  lightly  enter^uned, 
which  many  national  conjunctures  may 
wise  and  necessary. 

The  Attorney  General  might,  undoubtadl|b 
convert  the  facts,  contained  in  the  affidavit,  if 
toalegalchargeof  ahighnusdemeanor;  wkkh 
when  properly  put  into  the  ftmi<yr  an  inSanum 
tion,  the  defendants  could  demur  to  :  but  ki 
could  not  aocomplidi  this,  without  putting  OMJ 
the  record  averments  of  tiiicir  csriimnal  purpi^ 
and  intentions ;  tlic  truth  of  whirii  vwrmm 
are  facts  which  he  must  establish  at  the  ft 
or  fail  in  his  prosecution.    It  is  the  provinoi 
tlie  jury,  who  are  the  best  judges  of  the  atfll 
the  nation,  and  the  most  <leeply  interaeted  in 
preservation  of  its  tranouiUity,  to  say,  by  iL 
verdict,  whether  the  defendants  acted  ft 

iprincipke  of  public  spirit,  and  for  the  sum 
of  good  government,  or  sougbt  aeditiMiiil] 


STATE  TRIALS,  3^  Cii ar les  II.  1 6S0.—Privnmi  of  Parliament.        [86 


jb  it. — ^llie  one  or  the  other  of  these  ob- 
would  be  collected  at  the  trial,  from  the 
iict  of  the  defendants  in  sununoDing  the 
iagf  and  the  purposes  of  it  ^hen  met. 
the  jury  saw  reason  from  the  evidence  to 
i  that  its  olgccts,  ho%«ever  ct)loure<l  by  ex- 
sons  the  most  guarded  and  legal,  were  in 
t,  and  intended  to  be,  subversive  of  govem- 
i  sad  order,  or  calcubited  to  stir  up  discon- 
witbout  adequate  objects  to  vindicate  the 
eatlentioa  of  thepablic,  theyivoiddbe 
d  ia  conscience  and  m  law  to  convict  them  : 
if^  on  the  other  hand,  their  conduct  ap- 
f4  to  be  vindicated  by  public  danger  or  ne- 
iiT,  ilirected  to  leg^  objects  orrelbrma- 
ud  animated  by  a  laudable  zeal  for  the 
vr  and  prosperity  of  the  nation ;  then  no 
rture  from  accustomed  forms  in  the  maii- 
f  astembling ;  nor  anv  incorri*ct  expres- 
in  the  description  ot^thcir  object,  would 
«r  even  justify ,  a  jury  to  convict  them  as 
en  of  the  ^vernment,  or  disturbers  of  the 


>com[*itntp  a  leg^\  chai^eof  either  of  these 
on,  the  crown  (as  I  before  obsen'ed)  must 
the  criminal  intention,  which  is  the  es- 
t  €f  every  crime ;  and  these  averments 
the  either  fntned  at  the  trial,  or,  if  to  be 
icd,  prifHa  Jaeie^  from  the  facts  themselves, 
be  irlmtted  by  evidence  of  the  defendants 
i:nt  purposes.  If  the  criminal  intent 
^  b}  the  information  be  not  established 
c  tttbc&ction  of  the  jury,  the  information, 
b  charges  it,  is  not  true ;  and  they  are 
d  to  say  so  by  a  verdict  of  acquittal,  i 
hnvftre  of  opinion  (in  answer  to  the  first 
tiBa).  that  the  defendants  are  liable  to  be 
KBttd  by  information  ;  but  that  the  suc- 
'  if  Mch  prosecution  ought  to  de^iend  u])on 
•TJaHB  which  the  people  of  Ireland,  fonn- 
■  jsnr,  shall  entertain  of  their  intention  in 
the  meeting,  and  the  real  bona  fide 
ttof  the  assembly  when  met. 
ii  oaneoessary  to  enbip(^e  upon  these  prin- 
\  because  their  notoriety  has  no  doubt 
'  this  novel  attempt  to  proceed  by  at- 

where  they  have  no  place ;  and  I 
R  bdp  renaarking,  that  the  prosecutor  (if 
weeotion  be  founded  in  policy  or  justice) 
Blad  with  ffreat  indiscretion,  by  shewing 
K  is  afraid  to  trust  the  people  with  tliat 
m  upon  it,  which  belongs  to  them  by  the 
iMioD ;  and  which  they  are  more  \ikx\y 
t  with  impartial  justice,  than  the  judges 
ihedeaireato  decide  upon  it  at  the  ex- 
^flf  tbeir  oaths  and  of  the  law. 
bii'a  strong  expression,  which  perhaps, 
ii  ao^lmve  used  in  anwrerin^  the  same 
jb.te  onlinaiy  course  of  busmess ;  but 
M»]M  aa a  gentleman,  1  have  no  scniple 
■itiwt  tlie  judges  of  the  court  of  King's- 

Ml  entertain  a  jurisdiction  by  attach- 

dse  Salter  oootained  in  the  affidavit 
sent  me,  without  such  a  gross 
kboae  of  power,  as  would  make 

il-Myduty,  were  I  a  memborof  the 
la  cdlthanloaooottiitfiNrit 


The  rights  of  tWe  supeiior  courts  to  proceed 
by  attachment,  and  the  liniiuitioiis  imposed 
upon  that  right,  are  established  upon  principles 
toojdain  tu  be  misunderstood. 

E\ery  court  must  ha\c  power  to  enforce  its 
own  process,  and  to  vindicate  contempts  of  its 
authority;  otherwise  the  laws  would  be  de- 
spised, and  this  oUrious  necessity  at  once  pro- 
duces and  limits  the  process  of  attachincnL 

Wherever  any  act  is  done  by  a  court  which 
the  subject  is  bound  to  obey,  obi'dicnce  may  be 
enforced,  and  disobedience  punisbofl,  By  that 
summary  proceeding. — Upon  this  principlo  at- 
tachments issue  against  officers  tor  contempts 
in  not  obeying  the  process  of  courts  directed  to 
them,  as  the  ministerial  sen'ants  of  the  law  and 
tlie  parties  on  whom  such  process  is  served, 
mny,  i»i  like  manner,  be  attached  for  dis- 
obt^li.»nce. 

Many  other  cases  might  be  put,  in  which  it 
is  a  It^l  proceeding,  since  every  act  which  goes 
directly  to  frastrate  the  mandates  of  a  coiirt  of 
justice,  is  a  contempt  of  its  authority.  But  I 
may,  venture  to  lay  down  this  distinct  and  abso- 
lute limitation  of  such  process,  viz. — That  it 
can  oid^  issue  in  cases  whert^  the  i-ourt,  which 
issues  It,  has  awarded  some  process — gii'en 
some  judgment — made  some  legal  order — or 
done  some  act,  which  the  jj^arty  aj^ainst  Whom 
it  issues,  or  others  on  whohi  it  is  bmding,  have 
either  neglected  to  obey,  contumaciously  re- 
fused to  submit  to :  excited  others,  to  defeat  by 
artifice  or  force,  or  treated  with  terms  of  eon- 
tumelv  and  disrespect. 

But  no  crime  however  enormous,  c^ven  open 
treason  and  rebellion,  wiiich  carries  with  them 
a  contempt  af  all  law,  and  the  authonty  of  all 
courts,  can  possibly  be  considered  as  a  ooQfk 
tempt  of  any  particular  c*ourt,  so  as  to  be  pu- 
nishable by  attachment,  unless  the  act,  which 
is  tlie  object  of  that  puuLslimeiit,  be  in  -direct 
violation  or  obstruction  of  stHnethiiig  pre? iously 
done  by  the  court  which  issues  it,  and  which 
tlie  party  attached  was  bound,  •  by  some  ante- 
cedent proceeding  of  it,  to  make  the  ride  of 
his  conduct.  A  coustructive  extension  of  con- 
tempt beyond  the  limits  of  this  phun  princi^de 
would  evidently  involve  every  misdemeaii'ir, 
and  deprive  the  subject  of  the  trial  by  jury,  iii 
all  cases  where  the  punishment  does  note.-kiend 
to  touch  his  fife. 

The  pecuKar  excellence  of  the  English  go- 
vernment consists  in  the  right  of  being  judged 
by  the  country  in  every  criminal  case,  and  not 
by  fixed  magistrates  aj[)poiiiti^l  by  tlie  crown. 
In  the  higher  order  of  crimes  the  people  alone 
can  accuse,  and  without  their  leave,  distinctly 
expressed  by  an  indictment  found  before  tlieni, 
no  man  can  be  capiully  arraigned ;  and  in  all 
the  lesser  misdemeanors,  which  eithi^r :  lie  crown 
or  individnals  borrowuig  its  authority,  may 
proseeitte,  the  safety  of  iiidividiuds  and  tiie 
iiuhlic  freedom  absolutely  depend  upon  the  well 
known  immemorial  ri^ht  oi  t  very  defendant  to 
throw  himself  upon  hu  coui-rty  mv  il.^:ivcra:ice 
by  the  general  plea  of— -Not  ijiuit^ .  \>y  mat 
plea,  which  in  no  such  case  can  bedemurrad  ta 


87]  STATE  TRIALS,  32  Chablks  11.  \6S0.^Prac€eding8  agikui  R.Tkm]^ 


by  tbe  crown,  or  questioned  by  its  judges,  the 
whoie  cbaqre  conies  before  the  jury  on  the  jje- 
nend  Iks  ic,  who  have  a  jurisdiction  co-cxteu- 
sive  wiih  the  arcusatiou,  the  cxcrcis'j  of  which, 
in  every  iiistancf*,  ihe  autboriiy  of  Uie  coiirt  can 
neiiher  Iruiii,  su^ierscde,  contnnd,  or  punish. 

Whenever  this  cea*>es  to  be  the  law  of  Eng- 
land, the  EnK^i^h  constitution  is  at  an  end,  and 
its  \\enfH\  in  Ireland  is  arrived  aiready ,  if  the 
court  ot  liing*$-l>eDch  cmii  convert  every  crime 
by  construction,  into  a  contempt  of  its  authu- 
nty,  in  order  to  punish  by  attachment. 

By  tills  proceeding  the  |>arty  oftended  is  the 
judge ;  .creates  the  oifence  without  any . previ- 
ous promulgation  ;  avoids  the  doubtful  and  te- 
dious ceremony  of  proof,  hy  forcing  the  de- 
fendant to  accuse  himself;  and  inflicts  an  ar- 
bitrary punishment,  which,  if  not  submitted 
to  and  reverenced  by  the  nation  as  law,  is  to  bo 
the  parent  of  neiv  contempts,  to  be  punished 
like  the  former. 

As  I  live  in  England,  I  leave  it  to  the  par- 
liament and  people  of  Ireland  to  consider  what 
is  their  duty,  if  such  authority  is  assumed  and 
exercised  by  their  judges  ;  if  it  ever  liap[>en, 
in  this  country,  1  shallgivc  my  opinion. 

It  is  sufficient' for  me  to  have  given  yon  my 
judgment  as  a  lawyer  upon  both  your  ques- 
tions ;  yet,  as  topics  of  puhcy  can  never  be  mis- 
placed when  mugistrates  arc*^to  exercise  a  dis- 
oretiouary  authority,  I  cannot  help  concluding 
with  an  observation,  which  both  tiie  crown,  and 
its  courts  would  do  well  to  attend  to  upf>n  -eTcry 
occasion. 

The  great  objects  of  criminal  justice  are  re- 
formation and  example ;  but  neither  of  them 
arc  to  \ye  produced  hy  punishments  which  the 
laws  will  not  ^varrant :  on  the  contrary,  they 
convert  the  offender  into  a  suffering  patriot ; 
and  that  crime  which  would  have  beiii  abhor- 
red for  its  malignity,  and  tlie  contagion  of 
which  would  have  been  extinguished  by  a  legal 
prosecution,  unites  an  injured  nation  under  tlie 
boners  of  the  criminal,  to  protect  tlie  great 
rights  of  the  commimity,  which  in  his  person 
have  been  endangered.  * 

Tliese,  sir,  are  my  sentiments,  and  you  may 
make  what  use  of  them  you  please.  I  am  a 
yoalous  friend  to  a  reform  of  the  representation 
of  tlie  people  in  the  ])arlianicnts  of  both  king- 
doms, and  a  sinciTc  admirer  of  that  spirit  and 
perseverance  which  in  these  <lays,  wheii  every 
important  consideration  is  swallowed  up  in 
luxury  and  corruption,  has  so  eminently  dis- 
tinguished tiie  people  of  your  country.  The 
interests  <if  both  nations  are  in  my  opinion  the 
same ;  and  i  sincerely  hope  that  neithiT  ill-timed 
severity  on  the  part  of  government,  nor  preci- 
pitate measures  on  tlie  part  of  the  peopk;  of 
Ireland  may  disturb  that  harmony  between  the 
remaining  (mrts  of  the  empire,  wliicb  ought  to 
be  hekl  uKAre  sacred,  from  a  reflectwn  on  what 
has  been  lost  T.  Ebskine. 

In  1708,  Mr.  P^rry  addrtased  to  the  hoiL 
C  J.Fox  certain  Queries;  of  which  the  folbw- 
uf  MCoaiit  is  extnded  from  tbe  Mrnidiur 
CEraudei  1810. 


Question  nt  to  the  Practice  exercised 
Houics  if  Furliament  of  construing  1 
Contempt,  and punuhing  it  by  their  ob 

We  have  stated  what  in  the  genera 

IS  the  true  and  only  justification  of  the 

of  the  right  of  commitment  for  a 

arising  out  of  libel,  namely,  that  tl 

meaner  is  likely  to  liave  such  an  inst 

effetrt  as  an  obstruction,  or  of  such 

character  in  ]ioiut  of  force  as  to  mak> 

gcrous  to  wait  for  the  skiw  remedy  of 

ant!  therefore  the  lurcessity  of  the  cast 

the  summary  proceeding.     But  whc 

diuary  uibunais  are  in .  full  jurisdic 

where  the  constructive  contempt   o 

<raminittcd  out  of  doors  at  a  distance 

House  of  I'arUamcut,  a  mere  animad 

(insure  on  tlieir  proceedings,  accomf 

no  outrage,  distributed  by  no  mob  at 

nor  plucai-ded  within  the  pivcinct — tl 

nieaiior,  however  palpably  criminal, 

be  left  to  the  Courts  of  Justice.      I 

mo*  abk:  Debate,  on  the  motion  of  C< 

Piiipps,  af^rwards  Lonl  Mulgrave, 

for  taking  away  from  the  king's  Attc 

neral  the  dangei-ous  power  of  tihng  cr 

formations  ex- officio,  as  wdl  as  in 

debate  which  grew  out  of  it,  on  the  i 

Mr.   Seijcaut  Giynne,  tiie  opinion 

most  considerable  men  was,  tliat  tli 

right  ot  removing  obstruction  by  coi 

must  be  maintained  for  their  own  seen 

was  a  right  that  ought  only  to  be  used  i 

cases  ;  when  exerted  in  onlinury  inst; 

public  mind  must  revoh  at  the  harshiiet 

cessarily  depriving  the  subject  of  his  i 

right  to  trial  by  Jury.     This  wjls  he 

Diuuiing,  31r.  iV'eddcrburne,  sir  Geoi 

Mr.  Burke,  ^c.  6lc,  ;    and  inde(*d  ii 

the  sentiment  of  every  constitutional 

has  been  recently  recognised  in  tl 

When  31  r.  8tockdale  was  sent  by  the 

Coiiimoiis  to  trial  hi  tlie  court  of  Kiuj 

lor  a  HIkI,  which  they  calletl  a  brea 

vilegc,  the  ccmnsel   for  tlie  Defendi 

why  tlie  Hou.se  had  not  punishedthe  < 

themselves  ?  To  this  the  then  Attorue 

replied  in  these  words — 

"  My  Learned  Friend  says — W 
^*  the  liouse  of  Commons  theinselv 
<<  it  ? — Is  that  an  argument  to  be  ui 
*<  mouth  of  one  who  recommends  clei 
<*  Does  he  recommend  this  iron  haiKl 
'*  coming  down  upon  a  man  of  this 
*'  not  tomperately,  wisely,  judicious 
<*  tlie  common  law  of  tills  country  ; 
*<  let  him  be  dealt  with  according  to 
'«  iiion  law  ?  There  he  \i  ill  have  a  scr 
«<  impartial  trial :  there  he  will  have 
«( vantage  that  the  meanest  subject  i 
« « to. "  Trial  of  John  Stockdak 

This  has  ever  beeb  recommended 
considerate  man  abo,  because  it  is  w 
that  this  boarted  privilege  can  only  be 
without  coDtronl  against  their  own  m 
against  tlidr  own  oooititueots.  The  i 
^gerons  cue  of  a  oontempt  by  libd  < 


STATE  TRIALS,  32  Charles  II.  iSSO.-- Privilege  of  Parliament.        [go 


{peer  they  could  not  puniiih  by  summary 
nrtmcBti  Nay,  as  has  been  proved,  they 
4  be  widiont  remedy — iftheir  order  wus 
led  by  the  spirit  of  a  court  oi  justice ;  for 
ix  were  to  send  their  mace  for  a  judc^e,  as 
loose  of  liords  did  in  the  instance  ot  judge 
ieiry  in  1640,  would  he  come  When  they 

1798  we  accuroidatetl  a  volume  of  mate- 
oa  this  great  conKtiuitional  question. 
■Mi^  others  we  submitted  the  ibilowing 
in  on  the  case  Co  3Ir.  Fox,  whose  know- 
e  if  the  law  and  usage  of  parliaiuent  will 
Waed  by  all ;  and  when  his  high  notions 
k»  wttjjtct  are  remembered,  lus  opiuion  will 
■rfvidi  a  lively  interest: 
taoy  1.  ITiough  the  House  of  Lords,  as 
as  mf^'  court  of  justice,  have  the  power 
electing  their  proceedings  from  unlawful 
wsioB,  can  this  right  extend  t^  the  com- 
MK  for  the  misdemeanor  of  libi^l  P 

Has  the  House  of  Lords,  either  in  its 
aal  or  legislative  capacity,  any  power  of 
■ittBent  Ufyond  that  of  the  House  of  Com- 
as tke  lattcT  never  crommitting  for  a  time 
■a.  tior  imposing  a  tine  ? 
.  Ills  the  House  of  Lords,  in  fact,  any 
Ha  power  over  contempt,  or  breach  of 
ffcje  in  tlie  exercise  of  its  judicial  functions, 
I  in  its  legislative  cajtacity  P 
<  DkKi  not  the  principle  of  your  bill,  by 
ii  it  is  dedaretl  that  in  matter  of  libel,  tlie 
k  case  stiall  be  lefc  to  the  jury,  who  shall 
iMBioi;  a  verdict  of  (luilty  or  Not  Guilty 
sw,  extend  to  the  Houses  of  I'arliainent 
kfefl  as  lo  courts^so  as  to  do  away  all  sum- 
J  [-meecding  on  liliel,  under  the  coiistruc- 
t  H  lis  being  u  contempt  P 
i.  Cn  the  power  of  smnmary  commitment 

hfily  exercised,  or  at  least  justly  and 
^■aUr  is  precedent,  against  an  individual, 
B  Ifar  oiere  proof  of  his  being  the  proprietor 
ac««|ia|ier,  but  without  any  prool*  of  his 
vMge  «k'  the  matter  complained  of  P 

KuppoMng  the  right  of  commitment  to 
U  esn  the  House  of  Lords  couimit  an  in- 
U  for  any  cause,  as  for  breach  of  privi- 
,  lor  a  term  certain,  and  adjudge  hun  to 
a  fine? 

What  mode  of  redress  would,  in  your 
isB,  be  the  constitutional  course  for  lue  to 
K  in  thin  case  of  commitment  by  the 
K  of  Lordsi  on  the  constructive  contempt 

BBl  m 


Mr.  Fox  sent  the  following  Answer: 

•DttrSir, 

IphsnU  be  exticmely  ghid  to  be  in  any 

WviocnUe  to  you  upon  the  present  occa- 

|hA  1  cuHHit  think  my  opinion  on  a  case 

mtmtf  w  ef  any  value  in  comparison  with 

^'Wtternkmai  men  ;  especially  as  redress, 

Ml  he  had  in  oourta  of  kiw ;  for,  I 

VMCMUMt  think  that  in  the  present 

knp  there  is  any  chance,  even  the 

MimAter  House  of  Pariiament  listen- 

fttBg  tint  can  be  oftied  on  the  sub- 


ject. However,  I  will  endeavour  to  answer 
your  Queries — 

'M.  There  can  be  no  right  of  conmiitting 
but  for  contempt,  but  an  act  which  comes  pro- 
periy  under  the  description  of  a  contempt  is 
not  the  less  a  contempt  for  being  also  a  mis* 
demeanor.  Indeed  it  is  difficult  to  conceive  a 
contempt  which  would  not  be  a  misdemeanor. 

*'  2,  1  do  not  think  the  House  of  Lonls  in 
any  capacity  has  powers  of  conimitnieut  be- 
yond the  House  of  Commons  ;  but,  I  believe, 
such  powers  uf  commitment  have  been  exer- 
cised by  it,  and  I  fear  without  the  reproof  which 
such  cxerdse  ought  to  have  drawn  from  the 
Iluuse  of  Commons. 

"  3. 1  should  think  the  House  of  Lords  has 
no  more  poiver  in  its  judicial  than  in  its  legisla- 
tive character,  in  respect  to  bi  caches  of  privi- 
lege and  contempt^,  if  in  truth  it  can  be  pro- 
perly said  to  have  two  distinct  characters,  which 
1  doubt. 

''4.  My  hbel  bill  has  nothing  to  do  with  the 
jurisdiction  of  the  Houses  of  Pariiament.  Ita 
principle,  however  may  be  urged  as  an  argu- 
ineutto  induce  a  court  to  be  cautious  of  judg- 
ing libel  without  the  assistance  of  a  jury,  ex- 
cept in  cases  of  great  urgeucy. 

**  5.  1  shoidd  think  the  question  of  a  pro- 
prietor of  a  uc^vspaiKT  being  cTimuially  res- 
ponsible for  its  contents,  a  very  doubliui  one, 
and  indeed  I  should  strongly  incline  to  the  ne- 
gative; if  the  ])oiat  had  not,  as  1  conceive, 
been  often  determined  and  acquiesced  in. 

"  6.  I  believe  the  right  of  tlic  House  of 
Lords  to  tine,  stands  solely  u()on  practice,  and  I 
have  little  doubt  of  its  being  nu  usurpation  ;  as 
to  its  right  for  committing  tor  a  term,!  have 
given  my  opinion  in  my  answer  to  Query  2, 

'^7.  lhepi*o[>er  channel  for  redress  against 
the  House  of  Lords,  is  a  |iet(tion  to  tlie  House 
of  Commons ;  but  that  in  the  present  state  of 
things  cannot  be  thoii«rht  of.  U  hether  or  not 
there  (*an  l>e  a  civil  action  against  the  gaoler  for 
false  imprisonment,  is  a  <iuesiion  tor  profes- 
sional lauTcrs ;  and  ui)on  this  a  good  deal  of 
the  old  dispute  on  the  case  of  Ashby  and  White 
woiikl  coine  in  play  ;  witli  this  material  diffe- 
rence, that  the  objection,  which  was  ui^ged  in 
that  case  to  the  possibility  of  tlie  House  of 
Lords,  in  case  of  appeal,  becoming  judge  of 
the  privilege  of  the  1/ominoiis,  woiuil  lie  here 
as  strongly  (though  in  a  ditierent  view)  to  the 
House  of  Lords  becoming  by  appeal  judge  of 
their  o^vn  act. 

*'  I  have  now  answered  your  Queries  as  well 
as  I  can.  The  conduct  oi  the  House  of  Lords 
seems  to  have  been  very  harsh,  especially  aa 
the  paragraph  in  question,  I  understand  (mr  1 
have  not  seen  it)  to  be  of  that  sort  from  which 
your  paper  is  of  all  others  the  most  free.  Bui 
harsh  as  it  is,  I  do  not  know  that  it  is  contrary 
to  precedent,  or  otherwise  illegal,  than  with  re*' 
spect  to  the  term  and  the  tine,  and  I  do  not 
know  that  my  opinion  upon  these  lit^ds  is  tlmt 
of  any  other  person,  much  less  the  general  one. 
Every  court  appears  to  me  to  have  usurped 
powen  m  cases  of  contempc  beyond  the  ne* 


91]  SrATETBlAL&,3fCnAmLE5lLl6sa^^Pr0€ndimg9^gmimalLTtm^9ai 

m  the  cnuit ;  die  gnrtlam 


flf  the  dee,  waA  the  Home  of  I»nb  ' 
mor«thaoany  ochix,  poevfalj.  becauKtheteis  I 

iioappfalfrauil,ejEcie|ittopaHaaM!fit,ofvh^  .  haB  were  fftiified  that  thii  wis  right, 
they  make  a  P«t.  Bt  the  waj' it  isobiimble,    Pw>cttDW«  ff  the  Hocn  or  Comxox 
CbattheflcmjeOT  C>inziioafy  whiHiofallooiiiti  !  ccbxdsg  Flotde.* 

haxbcxntheiiiottiiioikvateinexeflrtfleorpower  i  i^/i«r    i  r^i^      i 

of  tfaM«ffirt,tt  the  court  whose  power  and  rvht  [Frvm  Ike  Oxfmd  lMbai€M.\ 

has  ofUmfst  bee&  caDta  in  questioD.    Mr.  £r-  Ifoaitfjr,  J^il  SO,  1691. 

«kin«:'«  nMe  ktter  ier?ii»  to  relale  more  to  There  k  deiiTeied  mto  Ae  Houae,  a 
ordinary  courtA  of  justibe  thui  to  the  Houses  or  Note  of  thenid  acandalooa  Hpeecbei 
ot'l'juiiaineta ;  but  even  in  die  caw  of  such  .'  against  the  FdigTanrc,  and  the  bdv  Elis 
oourtK,  if  a  man  fr#Te  to  write  oontamaciovuly  |  in  which  it  is  set  down,  that  one  filward 
ol'  i}u:  manner  in  which  a  judge  eave  judg-  '  a  gentleman  and  piisuiief  in  die  Fleet,  1 
ment,  1  Husper.t  be  w«nild  certainly  Ee  attarhed  wiOi  Dr.  Pennin^^toa  ooooeming  the  ] 
for  a  contempt ;  thifUjS^i  this  case  is  not  men-  i  Pn^^,  did  say,  m  a  soomfiil  and  ma 
tioneil    by   5lr.   Enkine,  nor  does  it  come,    manner,  *  That  Goodman  and  Goodwift 


perhaps,  strictly  within  the  line  of  his  argu-  i  '  gn^^e  were  now  turned  out  of  doors ; 
meat.  Now  it  this  be  so,  it  is  clearly  a  con-  '  tl»t  purpose ;  with  other  diamoeful  spe 
tempt  of  the  House  of  Lonb  to  animadvert  >  **  diat  he,  the  said  Floid,  had  as  much  ri 
eoDtuma'riousiy  on  the  speeches  of  its  mem-  j  the  kingdom  of  Bohemia,  as  die  Pabgrai 
hffTH,  and  perhaps  more  cteariy  than  in  the  other  ■  This  is  testified  by  one  Willis  to  be  i 
case,  inaiimuch  as  to  print  the  speeches  at  all  is  by  the  said  Edward  Floid,  a  Papist, 
a  brMicli  of  Privilege.  In  compliance  with  ^r  JUdtcin  Sundjft  saith.  That  we  wi 
vour  vi'i«»hm,  I  have  ;^ven  you  my  opinion  at  meddle  with  the  words  that  were  spcricen 
kri^c,  which,  howe^cT,  I  consider  or  very  lit-  i  Palsgprave's  right  to  the  kingdom  of  Boh 
tie  val  ic,  ami  indecfl  all  the  questions  of  par-  hut  only  with  the  scandalous  speechea  ai 
ticutar  and  dHiilc  I  usurpations  and  abases  ap-  j  graceful  words  used  by  Floid  against  th 
pear  m  me  lo  liecoine  of  little  moment,  at  a  -  -     -  - 

time  i^i;pfithe  whole  crmhtitutifTU  is  in  such  a 
depkirahie  sua(%  l'li«»  pmceedings  against  }'ou, 
lKuS|>e<-i  ifi  Ik*  only  a  bi'^ning,  of  a  persecu- 
tirm  a^Hfii-.t  t:i#>  liiiierty  of  the  press  in  general, 
and  a  part  ot  that  .system  of  terror  which  our 
rulers  aie  bo  fond  of.  C.  J.  Fox." 

For  inoie  n'spitting  this  matter,  see  the 
CoM^t  of  llarnardi:4U>ii  and  Soame,  ante,  vol.  6, 
1163  ;  of  SliirUfy  and  Fajjg,  aii/e,  vol.  C,  p. 
11^1,  anil  the  other  cases  there  mentioned. 

In  the  Lords'  Journal,  under  date  March  23, 


p.  1600,  It  appears  that  a  Cummittee  of  IVivi- 
legesn'iH»rUMl  their  opinion  that  the  Privilege 
of  tlie  House  ext«;ndc^l  to  exempt  a  peer's  ser- 
vant being  a  householder  Irom  service  of  pa- 
ro(*hial  ortiireN,  but  the  House  did  not  agree 
with  the  Couimittee. 

IHus  Case  may  be  found  to  lie  not  immaterial 
in  the  (^insiderutiou  of  Privilege  of  Parliament, 
and  of  the  coiuumhility  elsewhere  of  ques- 
tioiiM  reHiMMrting  such  alleged  IMvilege. 

Mem.  Ill  archbishop  Seeker's  Report, 
(inserted  in  Cobb.  Pari.  iJist.)  of  the  debate  in 
tlia  House  of  Lonis,  May  25,  174?,  upon  the 
second  rcailing  of  the  bill  for  indemnify hig  per- 
sons who  Khould  make  discoveries  oonoeming 
the  earl  of  Orfonl's  conduct,  it  is  related  that 
loni  iliuflwicke,  chancellor,  mentioned  the  fol- 
lowing Case,  which  1  do  not  recollect  to  have 
•ec«i  ill  print : 

**  la  Chanc<Ty,  in  the  Case  of  Sacheverel 
and  Pool,  a  man  published  an  advertisement 
that  he  would  give  liH)/.  lo  any  man  that  could 
flivc  evidence  in  relation  to  such  a  mamage. 
The  other  side  moved  the  court  upon  this  as 

.  *  As  to  the  commitment  of  Mr.  Penry  see 
11^  11a  grave's  opinion  in.  the  second  vonone    ' 
of  bii  Juodiiad  Aiigumenti  and  CoUeo^^      ,  * 


son  of  the  Palsgrave  and  his  lady. 

Edward  Floid  examined,  denieth,  T 
ever  had  any  speech  with  any  of  the  ] 
who  are  alled^eo  as  witnesses  against  hii 
one  Wilkt,  Coale,  or  Dr.  Pennington, 
ceming  the  Palsgrave  or  his  bdy ;  and 
That  there  wa.s  oue  Williams  and  a  ¥ 
present  at  the  time,  when  Dr.  Pennin^^ 
this  examinant  should  s|)eak  those  disgr 
words. 

Jiliiy  1. 

Dr.  P«naiii;^^ofi,  a  doctor  of  physic, 
mined  saith,  That  he  aud  Mr.  Edward 
having  a  conference  in  his  chamber,  th( 
Floid  told  this  examinant,  that  he  hean 
Prague  was  taken  by  the  emperor,  aw 
Goodman  Palsgrave  had  taken  his  heel 

*  Among  the  Harleian  manuscripts,  d 
a  collection  of  the  proceeding  in  this  ren 
blc  case,  by  sir  Harbottle  Gnmston.  Th 
appears  to  iiave  belong*jd  to  Robert  Hark 
terwards  Lord  Treasurer  and  earl  of  Oi 
who,  in  the  first  page,  has  written  his  ce 
of  these  proceedings,  as  follows. 

At  the  tim  of  the  Tide : 
'  The  following  collection  is  an  inatanoi 

*  hx  a  zeal  against  Popery  and  finr  one  h 

*  of  the  royu  family,  which  was  suppoi 
'  be  neglected  by  king  James,  and  conseq 
'  ly  in  opposition  to  him,  will  cany  | 

*  against  conunon  justice  and  humaniw. 
Jtt/y  14,  170S.  «  K.  : 

At  the  bottom : 

*  For  die  honour  of  EngUrimien  and  i 
'  of  human  nature,  it  were  to  be  hoped^ 

*  debates  were  not  truly  taken,  there  bn 
'  many  motkms  contrary  to  the  hm*  € 

land,  the  laws  of  Parliament,  and  puUh 
tioe.    ICHaRUT.*  Jufyt^tf 


run  away,  and  that  Goody  Pal8gra?e  was 
n  irirUuDtfT  ;  anil,  Uiis  examinant  wishing 
.  Iiiiuself  and  all  other  able  men  were 
nii  to  q^n  thithf^Ty  and  not  to  ret\im  till  they 
,  rtiici-med  her,  the  said  Floid  said,  tins 
aiiDADt  wan  a  fuol.  He  saith,  tliat  th<^se 
[^  wire  spoken  in  the  hearins^  of  Mrs. 
M^cun,  an  attorney's  wife  of  this  town, 
snitk.  thut  w  hen  these  wonls  were  spoken, 
r.  Fluid  ami  this  examinant  were  good 
ends,  and  that  he  went  at  tliat  time  to  Fluid's 
amber,  as  one  prisoner  to  \i.sit  another: 
Vtt  We  toU  tlie  Warden  of  the  Fleet  of  these 
rgnk  ibr  next  day  in  his  dining  chamber,  in 
of  Mr.  Pinehback  and  Mr.  Wil- 


■11 ;  and  that  six  days  after  the  Warden  came 
»dHi  examinant *s  lu'd- side,  and  desired  him 
lid  him  all  the  speeches  that  \u'vc  spoken 
r  the  said  Fluid  concerning  the  Palsgrave. 
Ie«iih,  that  Floid  spake  these  words  with  a 
fjfid  countenance. 

TW  Warden  tj'  tht  Ficet,  examined,  saith, 
IWi  k  first  moved  Dr.  Pennington  to  know 
hr  tnift  of  diese  speeches  iisod  by  Floid,  hav- 
ifaDdcrstood  of  it  from  a  servant  of  his  ;  and 
HI  Dr.  Penninston  did  never  acquaint  this 
CttBiMBt  with  the  said  speeches  of  Hoid,  till 
b  Wfast  nio^ed  him  of  it :  That  his  servant 
LenJK  Harris,  his  niece,  was  the  first  that  ever 
M  Um  of  it,  and  that  Dr.  Pennmgton  did  tell 
Vi  cnmiiBnt,  lie  had  written  a  letter  of  this 

Dr.  Fcnnimfiton  examined,  saith.  That  he 
U  homnr  a  Chronicle  of  the  Warden  of  the 
VIki,  to  ice  whether  Volti^  was  a  Saxon  or 
iUlbih  king ;  which  he  desired  to  know,  be- 
CHKif  a  conference  held  between  Floid  and 
kin:  ni  diat  he,  this  examinant,  did  then 
toFM  of  his  error  in  that  discourse, 
C  the  time  when  he  borrowed  the 
be  acquainted  the  Warden  of  the 
fhfl  vidi  the  speeches  made  by  the  said 
rail. 
Sr  Bimard  Cooke  saith,  Tliat  he  hatli 
lias  Floid  long  ;  and  that  he  is  a  per- 
FipHl,  and  a  barrister,  but  a  wicked 


STATE  TRIALS,  32  Charles  II.  l6S0.^Privilege  of  Pariiament.        [94 

grave  to  be  king  of  Bohemia.  And  tins  exa- 
minant  saith,  he  told  the  Warden  of  the  Fleet 
of  these  words,  and'  also  of  the  sjieeches  that 
were  spoken  to  Dr.  Pennington  r»y  Floid  :  the 
time  when  he  told  the  Warden  of  it  was  (as  hie 
remembercth)  about  tiie  13th  of  January  last. 

May  1.  p.  m.  Sir  Arthur  Inpu-.i  s;uth, 
That  the  committee  appointed  to  search  Floid 's 
trunks  and  pockets,  found  in  his  pockets  beads 
to  pray  on ;  and  Ihf'y  liave  found  divers  pi)pi8h 
books  and  beads  iii  Xwc  tiiink,  and  other  popish 
books  hidden  in  his  boil : — Tliat  Brou^hton,  a 
prisonei  lu  the  Fleet,  saith,  that  \)v.  Penning- 
ton did  tell  him,  since  Christmas,  that  Floid 
had  s[)oken  the  said  dis<jp*aceful  words  of  the 
Palsgfrave: — That  Mrs.  Broughtou  said,  that 
she  heard  Floid  s)>eak  of  the  Palsgrave,  but 
dotli  not  remember  what  he  said,  biecause  she 
was  then  looking  out  of  the  window  to  see 
some  play  at  bowls :  That  one  Hardiman,  a 
poor  man'  that  was  wont  to  help  Floid,  make 
Iiis  bed  and  do  him  such  like  service,  did  hear 
Floid  lauffh  heartily,  when  one  calle<l  Fryer 
told  him,  that  Prague  was  taken  by  the  em- 
pemr's  forces ;  and  that  then  Floid  said  to 
Fr^-er,  What  will  thp  lad  do  now?  now  Bess 
must  come  home  asfain  to  her  father.  And 
tliat  tlie  said  Hardiman  said,  he  also  heani  the 
said  Floid  sneak  those  disgraceful  words  of 
Goodman  Palsgrave  and  GoodyPalsgrave,wheii 
the  said  Fryer  was  with  him. 

Ed.  Floid,  being'  on  his  knee  at  the  bar  exa* 
mined,  and  charged  with  all  the  proofs  before- 
mentioned,  saith,  That  he  knoweth  not  Har- 
diman by  his  name ;  and  saith,  that  no  maa 
ever  used  to  make  his  bed  in  the  Fleet,  but  onhf 
a  poor  woman.  He  saith  also,  that  there  n 
one  Dr.  Fryer  that  useth  sometimes  to  come  to 
him,  but  denietli  all  the  words  wherewith  he  h 
charged,  * 

Mr.  Hackodl  saith,  That  Lettice  Harris 
saitli,  that  she  did  hear  Floid  speak  thosa 
words  within  this  half  year,  viz.  Goodman 
Palsgrave  and  Goo<iy  Palsgrave;  but  saith, 
that  she  did  never  tell  the  warden  of  the  Fleet 
of  it. 

Sir  Kobcri  Phillips  saith,  tliere  are  in  tbw 
business  three  things  to  be  considered ;  1.  The 
offence;    Q.  The  ])ersons  offende«l ;    3.  The 

Eunuihment  to  be  inflictoil  on  the  ofTeuiler. 
*or  the  first  that  Floid  hath  spoken  derogatory 
words  of  the  king's  children,  in  dmling 
them  by  the  name  of  (loodman  and  Goody 
Pblsgrave:  For  the  second,  tliat  we  shonra 
remember  and  consider  in  our  sentence^ 
that  the  iiersons,  whom  he  thus  deroffited 
and  vilifie<i,  arc  tlic  hopeful  children  or  our 


Mt,T%amat  Crnrf  saith,  That,  if  we  arccarc- 
U  U  pmish  such  as  speak  scandalous  s])eeches 
tf  mign  princes,  then  ought  we  much  more 
hke  severe  to  those  who  s^iak  contemptuous 
^ii  of  our  own  princes. 
Dr.  in//ij  examined,  saith,  That  Dr.  Pen- 
told  this  examinant  of  those  speeches 
d'a,  and  thf*n  told  this  examinant  also, 
\kt  had  told  the  Wanlen  of  the  Fleet  of 
words  ;  and  ijiat  one  FruncLs  Allured 
K  Jo.  Broiighton  and  his  wife  can  say 
if  Fknd's  rejoicing  at  the  ill  fortune  of 
ive  and  his  lady  ;  and  that  one 
■  will  testifVt  tliat  Floid  hath  lieen 
ny,  and  ilrioking  of  healths,  vhcuever 
hath  come  from  Pratrue. 
,  bachelor  of  divinity,  eximiined, 
Floid  told  this  examinant,  that 
C  or  any  nobleman  of  £ngland  had  as 
dfktto  be  king  of  Wales,  as  the  Pals- 


I 


prince ;  a  laily  lianlly  to  Ik;  eunallcd,  uol  to  be 
excelled  :  I'hcthinl  consideration  is  tlie  punish- 
ment ;  wherein  he  would  have  us  not  to  foiget 
tliat  the  party  to  lie  nuiiishfd  is  a  constant 
knave  (for  aft  he  hath  [>een  known  to  be  by 
many  memlMm*  of  this  House  this  many  years) 
and  a  constant  and  malicious  fuipist:  Tliat, 
since  his  oflence  hatli  been  without  limitation. 
Ills  punishment  might  likewise  be  without  pro- 
porUou:^Thai  luj  would  have  faiin  ride^  wil]jL 


95]  STATE  TRIALS,  32  Charles  II.  ifis 

hb  face  to  a  Iiomc'i;  tail,  fnmi  Wcatminiitcr  ti> 
IheTowiT,  with  ftjiapn'  iii  liis  hat,  uhntHn 
ahuuldbewriltpn,  ".A  t'oiiish  Wretrh  llmtliath 
"  niahtioiislj'  Miitulalizf-d  lib  innicKty's  rhil- 
"  dren  i"  amt  thnt  at  the  Ttiwcr  lie  should  ht' 
ImlgH  iit  littV  eaw,  uitli  as  much  |iain  as  he 
shaT)  Iw  nble  tii  pniliirr,  uiihiml  Iihs  or  (lBDtn.'r 
ul' his  lift-. 

Sir  TAo.  Jton-r  niovt^h,  ihiil,  aincG  he  wan 
committed  to  t)ie  FIn-t  liy  llic  LortUiif  tlic 
Council,  hewiHiM  Iihvc  lu  wnil  tn  the  I^rcN, 
and  renin'  willt  tltt^ni  limi-hing  tlic  jiunishint-iit 

8tr  livdley  Digi  intvhi  Jiavc  us  firsl  to  uc- 

Siaint  tlic  L(>nlii  n'tih  tliii  tiuHini^  atiil  make 
no  liattiTK  in  th"  h"ii'inr  of  puuiiliing  mi  i  ile 
«mI  nmlnlirul  a  Kutiit-t-t. 

Sir  Gfafge  JlfurcMiiih,  that  <m  cvtraonlinar)' 
causes  we  iitnv  enluT^t-  :.rtii  innkr  |iteciilenlH ; 
but  (iMtrc-th,  that,  by  I'^tctidlii^  uur  jMnvei*  in 
tirM,  we  take  licij  that  wrdo  not  iin;iiiihc<-tlwl 
of  the  Lords.  Hu  uoiild  have  Fluid  whipped 
from  hence  In  the  ]iiace  wbtoct-  ho  came,  and 
would  have  him  so  left  to  the  LorAi  tnr  lailhcr 
punidimenl. 

Mr.  Rawniertift  nould  have  him  fmrd 
1,000/.  and  so  liis   curporaj   piinishnDeril  to  be 

Sa  i'rancii  Stymour  woiiM  liave  us  prniit^h 
Um  u  tmr  as  the  power  of  our  Iloiise  will  e\. 
tend ;  fur  lie  nnuid  have  us  now,  if  wc  would 
at  any  time.  Bland  on  the  pmileffe  and  power 
of  our  House.  He  would  have  him  (^  ftnm 
hence  to  the  Tiiwer  at  a  cart's  tail,  wiih  his 
doublet  olf,  his  beads  about  his  neck,  aud 
■hai  he  should  have  so  many  loslie^  m  lie  haih 

Mr.  Salter  would  hare  him  ride  mi  a  horae 
{with  his  fa«  to  the  hoiae'ij  tail)  to  the  Tower, 
and  be  whipt,  nnd  thereout  in  tiUle  ease. 

Sir  Eds-ard  Cilei  n-iiiild  bare  him  stand  in 
the  pillory  here  at  Wwlminsier,  two  ar  thrci- 
hours,  lllen  lo  be  here  wliiw  with  as  manv 
lasher  as  he  hath  beads,  and  I  u  be  so  likewise 
whipt  at  the  coHrt  ([ate,  and  at  the  Temple, 
and  would  liB»e  him  nvtimmitted  In  the  Fleet,  ftr 
hewwuld  not  winb  any  man  In  cortieintoatrnrse 
pnsoa. 

Sir  T/iamai  f^lmmmt  UoWv  uwvcdi,  that 
we  should  iMonunit  him  tii  iIm  KInri,  ihetif  ii> 
brki^  in  tfmn   ii  -  '         '   hm   would 

leihepajB-- 


\~Prottedingi  again 

head  with  a  T  or  a  D, 
lontrtie,  aud  anteeth  w 
and  sii-  Fruuebi  Heymou 

Sir  Otorft  Guiing 
cars,  cm!  tou^ic  cut 
maiiyKlagn.'sasLehalhl 
Ktagv  with  his  fece  lo  il 
tail  in  his  hand,  aiul  at 
a  bead ;  and  thus  to  be  i 
(hereto  behan){ed. 

Mr  Jo.  Jephuin  aaith, 
that  a  committee  mi|^t 
of  the  heaiien  |<un]sh 
spoken  of;    but,   lieca 


nctln.'dlu 


litndtd  a^cninM  tlie  nmla 
no  (ess  than  to  tlie  Tu 
him  hare  a  pnj'cr  writi 
his  iiffcncc. 

'■At.  Jo.  FiHf/i  »ailh, 
tcsliinnny  on  oaih  B|ra 
liaie  in  put  aiij  rorjiu 
bnt  all  tlio  itcnomininus  p 

tUTJchnSlianfifbtii/i 
iicier  a  precedent  made 
and  he  hopelh  i 

ami  therefbre  wouhl  hai 
tlin>iinhtiicton<pu.'.  am 

Kir  Jo.  Waltert  saitli 
lo  onr  adt'ersarics,  am 
have  us  punish  him  wi 
bdt  wmild  have  all  hi> 
lh<:PaIs(TaT.-,i;irtol 
cover  the  I*3latinBti' ; 
wliipt  for  liitig'hin;!  a' 
by  to  make  him  ilii 
endure  all  tlic  i^e 


I  by 


>rbb>.', 


ndu) 


A'/ord  ^y 
canse  he  hath  laix 
g:o  as  far  for  tlie  p 
cedent-i  will   w.v 
ai,'r«.tli  nitli  sir 

Sir   Kdnin    .' 
which  shall  bf 
allChrii>tenil<>' 
is  the  ipDuntl  • 
doio,  which 
would  not  hnv 
Lonla,  who  ai 
of  Floiri  thith 
pHniahinent   ' 
wereioinaki 
■fa-  Jo.  »ah 
saving  hi*  w' 
impriper  fit 
he  were  de-^ 

Sir  Fra» 


STATE  TRIALS,  3S  Charles  TI.  1 6S0.^Privikge  of  ParliamikL        [g8 


i.  MamulagMt  nith,  he  thinketh  we 
iciuuif « the  kingf*s  prisoner  to  another 
nd  thb  Floid  being'  by  the  Loids  of 
cfl  eommitted  to  the  Fleet,  we  may 
re  him  to  the  Tower, 
ntered  and  adjudged,  Tliat  Ed.  Floid 
iftimied  this  night  to  the  Fleet,  there 
lohon's  ward,  and  to-morrow  morning 
Westminster  bare  ridged  on  a  horse's 
b  his  face  to  the  horse's  tail,  and  the 
hand,  and  to  stand  at  Westminster  on 
jr,  from  9  to  11  of  the  clock  ;  then  to 
le  same  manner  to  the  Old  Exchange, 
to  Itand  two  hours  more  in  the  pillory; 
Friday  to  ride  in  the  same  manner  to 
e,  i&d  there  to  stand  in  the  pillory 
iTtbe  clock  in  the  morning  till  12,  and 
de  lack  thence  in  the  same  manner  to 
t ;  io  htive  a  paper  in  his  hat  at  every 
taB  places,  and  another  paper  on  the 
bt  inscription  whereof  shaU  be  these 
For  fi&lse,  malicious,  and  despiteful 
H  against  the  king's  daughter  and  her 
1;'  to  be  fined  1,000/.  to  the  king: 
KQtence  shall  be  seen  to  be  executed 
lerilTs  of  London  and  Middlesex,  and 
farmer  committee  shall  draw  a  warrant 
irpose,  which  shall  be  subscribed  by 


ancii  Kenniston  movcth,  that,  in  re- 
t  Ffoid's  son  hath  married  a  gentle- 
agfater  of  worth,  that  his  grandchil- 
r  wit  feel  the  weight  of  the  fine, 
^'/i/for  (f  would  have  the  Warden  of  tlie 
cad  the  horse,  as  Flnid  rideth. 
ranai  Went  north  desireth,  that  a  com- 
laybe  appointed  to  collect  the  reasons 
V  censure  (because  there  wiU  be  many 
sttcres  on  the  same)  that  it  may  re- 
ar to  posterity. 

ffdRvd,  and  a  committee  appointed  to 
i  the  proofs,  testimonies,  causes,  and 
if  diis  Censure,  and  to  present  it  to  the 


Sentence  was  thus  agreed  on,  the 
id  was  called  into  the  House,  and  on 
at  the  bar  heard  Judgment  pronounced 
ipeaker. 

HTarden  of  the  Fleet  is  commanded  by 
■e  to  put  FkMd  in  Bolton's  ward,  and  to 
ind  attend  him  to  the  sheriffs  of  London 
kllesex,  till  the  sentence  be  accordingly 
d  on  him. 

JIfsry   fi. 

ChnoeBor  of  the  Exchequer  dellvereth 

Kfrem  his  majesty  ;  who  hath  taken 
Nioe  of  what  n-as  flone  liere  yester- 
That  he  gives  this  (hiusethanks 
of  a  king  and  of  a  father  ;  and 
b  dnire,  that  our  zeal  to  him 
nport  us  to  inconvenicncies: — That 
■re  lis  fint  query,  whether  tlie 
h»  Rouse  can  warrant  lui  or  give  us 
■taee  one  who  is  no  member,  nor 
IhI  this  House,  nor  any  member 
■f  ^laji  whether  we  con  or  will 


sentence  a  denying  party,  other  than  on  oath  : 
— That  the  Lords  iiid  desire  sir  Henrj'  Yelver- 
ton,  because  he  was  the  king's  prisoner,  and 
would  not  meddle  with  him  tUI  liis  majesty  had 
commanded  him  to  be  delivered  to  them  ;  and 
his  majesty  would  have  us  to  consider  wliether 
we  wiU  not  shew  the  like  respect  to  hismajes^, 
Floyd  beuig  his  prisoner,  as  standing  commit- 
ted by  his  council.  He  would  have  us  leave 
this  to  him,  and  he  will  be  careful  to  punish 
Floyd  according  to  the  greatness  of  his  fault. 

The  Master  of  the  Wards  drlivcreth  a  record 
from  the  kin^,  which  his  *  niajesty  commanded 
him  to  acquaint  this  House  withal  ;  and  saith, 
that  the  kiuc'  saith,  that  he  will,  on  ^iew,  con- 
firm what  Pri\  ilcges  we  have,  and  would  have 
us  rest  assured  of  it. 

The  record  sent  by  the  king  goes  somewhat 
to  this  purpose. 

*  Rotulum  parliament!  1  H.  4.  Que  les 
'  Commons  ne  snyent  point  parties  aux  juge- 

*  mcnts  ;  que  le  jiigement  appartient  seulemcnt 
'  aux  seigneurs,  ou  seulement  au  roy  mesme, 
'  excepte  ou  le  roy  leur  donne  speciallement 

*  authority.' 

Mr.  Atfnrd  desireth,  that,  since  our  ship 
hath  touched  on  a  rock,  we  may  come  on 
clear :  That  there  are  precedents  where  the 
king  hadi  pardoned  the  party,  whom  the 
Houses  of  parliament  have  judged  ;  and  tliat 
he  wisheth  nis  majesty  would  do  so  in  this  ; 
for  that  it  is  expected  that  othcmise  oiir  sen- 
tence should  be  execnted. 

Mr.  Noi/e  saith,  tliat  there  is  no  doubt,  but 
that  the  king  may  stay  execution  of  judgment 
gfiven  ui  any  court :  'That,  in  the  case  of  La- 
timer, the  king  did  pardon  the  offender  ai^er 
judgment  given  by  the  court  of  parliament. 
He  would  mat  we  should  send  a  Hupersedeas 
for  the  stay  of  judgment,  with  this  reason  in  it^ 
because  it  hath  pleased  the  king  to  spare  the 
execution  of  the  judgment  we  guvc.  He  saith, 
that  we  may  judge  our  members,  or  one  that 
'  ofllends  acainst  this  House,  or  a  memlier  of  it ; 
but  in  other  cases,  and  of  other  persons,  he 
thinketh  it  bek)ngeth  to  the  Lords  ;  and  shall 
be  of  that  opinion,  till  he  secth  !:ome  precedent 
to  the  contrary  :  That,  since  we  have  given 
judgment,  he  would  have  us  appoint  a  commit* 
tee  to  see,  whether  we  liave  done  it  justly  or  no. 

Sir  Henry  Poole  saith,  that  he  liath  heard, 
that  we  and  the  Lords  did  sit  all  in  one  house  toge- 
ther, and  then  wc  did  give  juilgiiicut  with  them, 
He  desireth  a  committee  may  \w  cppoiiited  to 
seek  forth  precedents  fur  the  same ;  for,  if 
we  were  once  joine<l  with  the  Lords,  and  liave 
given  iurlgment  with  tliem,  then  ho  would  have 
us  seek  how  wc  parted  wiih  that  po^er. 

Mr.  JIackKell  won\i\  not  have  a  committee 
appointerl  to  examine  what  wc  have  done* ;  for 
he  hath  been  a  diligent  searcher  for  precedents 
in  this  kind,  ond  can  find  none  ;  but  he  would 
have  us  .Hcnd  to  the  sheriffs  presently,  by  an 
order  of  tliis  Housfv  that  we  will,  that,  for 
.cnu9esbcst  knowji  to  ourselves,  they  should 
forbear  the  execution  of  tb<\t  judgment  fill  they 
hear  further  from  us. 
H 


99]  STATE  TRIALS,  32Charle8  n.  l€SO.—Pro€eeding$agamii  ILTiM] 


any  part  of  it  would  but  lay  a  s 
juogiufint  of  the  House;  and  t 
would  have  us  send  to  thekin^,  and 
since  we  have  been  a  dutiful  Pai 
would  be  pleased  to  confirm  the  S 
have  given. 

Jlffly  2,  p.  m. 

It  is  agreed,  by  question,  that  tl 
accomuanied  witfi  some  of  this  Hor 
to  the  Kifi^  with  a  Message  concen 
sincss  of  Fluid. 

3Ii-.  A^n/f  woidd,  that  we  shoi 
majesty  full  Answer  to  the  Kecon 
should*sicfnify  to  bis  majesty,  wh 
done  in  thii»  |>articiilar ;  but,  ibr  th 
his  majesty's  queries,  touching  ilu 
of  this  House,  to  acquaint  his  lu: 
the  Sentence  beiuff  exc'cuted,  Me  % 
convenient  speed,  labour  to  «itisfy 
by  precedents,  in  all  the  rest  of  the  < 

Sir  Ktlvard  yiouHtague  saith, 
ancient  course  of  Pariiament  we  n 
no  warrant  for  to  j  point  what  number  shall  go  in  a 


Sir  Kd,  Sandt^t  would  have  present  answer 
given  to  tlie  Shcriflfs,  as  Mr.  Hackwril  spake ; 
(iutl  that  in  the  afternoon  we  should  acquaint 
tho  fjords  with  what  we  hnvc  done. 

8ir  Edw.  Omke  wisliHli,  that  his  ton^ie 
may  cleave  to  the  roof  of  hLs  mouth,  that  saith, 
tills  House  is  no  couit  of  record  ;  and  he  that 
!:nith  ihiit  House  hath  no  ]H>wer  of  judicature, 
uudcrstnuds  not  liiniM'lf :  for,  thougik  we  have 
not  such  pitwer  in  idl  tiling,  yet  have  we 
power  of  judicial  un*  iu  some  things,  and  there- 
I'l.re  it  U  a  court  of  reconl.  TIic  RinsrVbench 
can  nie<ldle  with  no  rtnd  actions,  nor  the  Com- 
inon  IHeas  witli  any  business  concerning  tlie 
cniwn,  and  yet  are'  they  courts  of  record : 
That  no  liU;rty  can  1m*  taken  from  any  court, 
hill  by  ai't  (»f  pnrlmnient ;  ami  this  record  sent 
I  tlh(4'  hy  the  king  i<  no  a^t  of  imrliament,  and 
t!icn»forc  nuinot  pi\;iudii*e  our  iilH*rty  :  •  MuUi 
'  tmiha,  ivtuo  omnia  nont  :*  That  Ke  knoweth 
thai  this  Is  11  court  of  roi*onl,  or  else  all  tiie 

i«o\ierand  IllM^rty  oftliis  House  were overthrov.n. 
[]c  Mould  ha^c  no  suprrsfdeut  to  be  sent  to 
the  shci-ttT,  btvause  he  hath  nc 

SiH'  the  e\cHnittoi>  of  the  s«nitcnce  nn  Floid  ;  but  i  the  king,  nor  when,  norlto  ^hat 
\i\i\\V\  have  a  nics!«^  sent  bv  ntvnl  of  mouth.  '  those  t£ings  always  stand  in  hi 
iliui  wo  Mill  span'  tlio  shenrl'^s  attendance  till    pleasure  to  appoint.* 
another  tinu\  m  hen  they  shall  have  further        It  is  orderetl.  That  all  those  of  t 
HAntiiiir.  who  are  in  our  House,  shall  go  t 

1 1  IN  (»nUMv>«l  acconlingly.  and  a  Messagte  by  ,  to  signify  to  hi&  ma)esty,  that  ne 
wi^l  ol*  nunuh  is  amu  to  the  sheriffs  by  our  ,  all  this  Aoust*  with  theSpeaker  ma 
urduT  («r  siTJcant.    that    we  discharge  their  '  majesty:  or.  if  not  all  of  u«,  then 
;iiic!iilMm>\    till  Mc  shall  gi^c  them  further  -  his  majesty  w  ill  appoiut,  ar.d  at  tl 
w.irniiur<  platv  his  maK'>;y  «4)ali  sol  down. 

Sir  K  ^'t  r'.a^j'«movoih  that  since  we  ha^e  !  'Hie  Mat i"' of  tKe  Wurd*  wou 
i:i»cn  li^iiuHmy  *it*  our  dui:c«  to  the  kingmoiv  Mt'ssaiiv.  uliich  wt  send  by  the 
than  an\  pnxxsk^it  d^Kh  shrw  of  the  like  to  the  king,  to  1^\  dial  our  love  an 
au\  kii^r*  he  thiuk«Hh  ii  i:\h^  that  mc  beseech  tliegniind  of  oiu- juilgiuent ;  and 
S.s  nMK«i\,  on  ftt  gxvxl  an  oiv^siim.  to  give  desire  his  uuk^iy  to  deal  with  us 
1^  lear«*  lo  create  thi<  px\v^\li.^t.  that  our  jud^-  hoivui :  b.^t  bo  ^tould  havc  us  tirs 
ii;ou;  ami  seo!dK>e'  may  ut«C  he  9can«'.ali/cU.  s^n r  Co  th«u  V^'^r  it  KcvotJ  that ! 

Sir  h,i  M*m:,:Kfir  MO\tM  ni^  lia\e  us  to  g»  It  is  on^i  r.«!.  vml  a  t'ommitlL-e  ; 
t.^  '.he  Ia't^U:  It  is  u«^  piviudi.v  for  us  to  sia\  ^.'  i^:t^;.;'.y  !.^  unvr  the  ^lessagc 
k'l  <r.\tvuikHi :  am)  thcr^iinv  he  vrouM  ha%e  u*  SjH>Akor  shall  di "  \  t  r  i>  the  king, 
^i".  (ilrtV^ncvl>f  what  »e  haic  d^we.an^l  iv^nvun-  Mr.  S-v*''.\.  i  r\*;ji-.n«.th  the  kii 
tA;i^  «Hir  lutiK^nirtii  and  :i«mteuiV^  k>  fnuH*  a  laU  tc»  the  Mcsso^  .  lii^c  ihe  kir^g  i« 
ti>lhise.*ftci«  aad  ti^ds^^iaich  iho  sauio  Miih  all  pkr.s«xl.  ihs.:  *i  :!.e  Ht.'-J6e,  accon: 
ailifJiiMM  .  ihc  S^«-Aker.  <hui:  o  me  h>  speak  v 

Jir.  iVfwv saiih.  that  «Y  dix-liue  i\\^u  whai  mwiv'vi.v.^jv^ua:  um*  Ccitsure  gi 
vs  lave  «liMe«  il'  «e  shvogihee.  ii  b\  a  Nill.  H^hsso  ««&  Yr>A.  ii\  tl:e  atkx&oou  at 

Hr.  j^4irts«v  «vuM  ka««-  us  c^t  to  the  kitv    ia  ^^  hail  ai  \\  ii.^;:ball 
mh  tlndfei  Av  hw  ew«.  and  io*Vt  his  maie«y  •  ^w     , 

be  mr^fmmu  i  with  the  waswas  t^'  our  jwian>Httf,  '*      •  -^  *' 

mmI  to  Abmit  hia  qm^mct  io  \vcinnu  it.     He       IWsuKtfasxv  i^'iLe  Message  to 
n\inf(  a  bilL  hMi  ihmks  a  wJI  Se*    Vv  dw*  S^  Aer.  trvoi  this.  Hvuse  t 
eilAMft.  Yo  M\^-v:4  to  t.2^  mj^ea4^-.  first, 

Mr.  AacI  wUk  thtt  it  b«di  bv^ta  nrMh«0    ife^u*:s  twv  ha  ctsl-kc^  e-vpRssims 
>  tW  Kiiy%  HmcK  that  a  Uab«<w  iV^cycs    ssi:x:.^3c  <*'  '>^f  «i&j;iv«s:^«i  aui  a#« 
leMBlMl  i»  iwume  a  ipnAWM'^MK*--     S:sikTw  «'xv-{i  «».ls  ^\  U.^  Ho« 
b^UwWeiAsvf^OMmta     lie  wwu^i    lVvi«  ib<  UMiicucs  zv^l^  of  hi 
w  ft»  hwrrcb  hw  M^pnex  t»  owwWtwx-    oitXsvB     T.*  9^w  its  nibMa3-.  thi 
_,  _  *  biwi»^«i^  il^t  ,^|||.  j^k,|g«wc;    sH?  ^i^ez^  o«"  lie  Hmjat  to  excMd 

MMMe iwn  W  |^  m  ex««%K»Mk  saiice  u^i"    s»c  ?.»  w^  *?>  r^jr-ier  jvwtr  so  ou 
ImmjAm  MR«I*  tWK  asal  n^  W w^c^.«     ch^^^.  «v  «!:  »k  £:^«d»  tke  jur 
tt^^^^^'^'sv^ ..i..^  *<i:w^H.v3«.  \«t  »t  bi^uebST  she 

«e Ilfewa»«v    «oi  >WM  ;ia  .:v:« .  M;i.2K s  jib* m 


It  plaaed 


101]       STATE  TRIALS,  32  Charles  II.  iGSO^—Prhikge  of  ParlioMeni.       [102 

nishment :  if  our  precedents  be  good,  and  done 
I  in  a  [icafxiuble  time,  tbey  are  lawful ;  biTt 
j  reason  (wlierebj^  we  say  we  will  sbew  tbat  we 
have  power  to  judpfe  the  said  cause)  hath  so 
great  a  Utitude,  as  he  knoweth  not  how  to  an- 
swer it ;  for  it  is  both  his  opinion  and  ours,  if 
judg^  fro  to  reason,  and  leave  point  of  law, 
they  wander.  Hciivould  haTC  us  seek  forth 
precedents  to  shew  the  same :  tliat  his  ma- 
jesty even  now  received  a  Petition  from  Floid, 
who  confesseth  the  deed,  but  yet  would  not 
have  us  condemn  a  denying  man,  but  by  wit- 
nesses on  oath.  In  the  mean  time  (till  we  have 
presented  to  his  majesty  a  Petition  of  what  we 
desire)  his  majesty  will  see  such  punishment 
uiilicted  on  hun  as  we  sliall  think  enough. 

May  4. 

Mr.  Secretary  delivereth  a  Message  from  his 
majesty.  Tbat  his  majesty,  as  soon*  as  w« 
were  yesterday  parted  from  him,  gave  order  to 
his  learned  council,  to  see  whether  Floid  had 
confessed  the  fault  (ibr  which  this  House  sen- 
tenced him)  or  no ;  and  the  Petition  which  was 
delivered  yesterday  to  tlie  kinfic,  (and  which  his 
roiyest)^  yesterday  mentioned)  was  not  from 
Floid  himself,  but  fit»m  Fluid's  son  :  but  Floid 
himself  at:,solutely  denieth  the  words,  and  there- 
fore his  miyesty  will  send  it  and  hiui  to  the 
Loi'tls  to-morrow,  that  the  witnesses  against  him 
may  be  there  examuied  on  their  oallis,  anil  thr.t 
Floid  may  be  punished  as  severely,  or  more, 
than  we  aii[judged  him  to  be :  that*  his  majcsry 
expects  our  Answer,  touching  our  sending  him 
a  petition,  and  concerning  our  miHldiing  with 
Floid,  he  bi'ing  his  majesty's  prisoner. 

Mr.  Solicilor  saith,  that  he  and  Mr.  Attorney 
did,  by  the  king's  command,  examine  Floid, 
who  (feuieth  absolutely  the  wonls  for  which  he 
is  here  sentenced ;  and  the  said  Floid  dotli 
also  deny  another  business  wliich  Mr.  Attor- 
ney did  put  him  in  mind  oi\  and  had  under 
the  saiil  Floid 's  owii  hand  :  that  the  king  f  aid 
he  did  the  less  beheve  Fl(»id  for  his  denying 
that  other  business ;  and  that  his  majesty  saidy 
that,  if  we  can  find  out  a  better  way  for  this 
business  of  Floid  than  to  go  to  the  Lords,  1  e 
sliall  Uke  well  of  it,  but  would  not  have  us  con« 
demn  a  denying  man  without  witnesses  on 
oath. 

SSir  Robert  Phillips  saith,  that  we  censured 
Floid  out  of  our  duty  and  respect  to  the  king 
and  his  cliildren,  wherein  we  shewed  our  lo\e 
and  our  duty  ;  but  we  are  untbrtuuate. 

Mr.  Alford  saiih,  he  will  nc\'cr  consent  tiiat 
we  should  send  this  to  the  Lords,  for  that 
would  lie  a  scrandal  to  our  judgment ;  and  that, 
if  we  sit  down  tlmt  tlie  Lords  may  have  it  out 
of  our  hands,  we  are  umvorthy  ot  being  parlia- 
ment men.  He  saith,  he  must  say  thus  nmch, 
though  he  never  speak  more. 

8u-  Dudieu  Di^i  saith,  that  we  have  done 
hei-ein  otir  best;  and,  though  we  have  not 
done  such  as  may  be  e\(K:utetl,  we  ha%e  yet 
shewn  ourselves  gtKid  sultjtrts  ;  and  thcret<»rfs 
he  wouUt  have  us  go  on  with  what  may  be 
good  for  the  commonwealth. 


To  desire  humbly,  that  his  majesty  will 
to  streDgtheu  and  countenance  this 
siDoe  the  ground  and  cause  of  it  M-as 
■or  fervent  desire  to  express  our  humble  an<l 
kuty  aficctwDS  to  his  majesty  and  his  chil- 
cen. 

Mr.  S^retary  saith,  that  the  king  hath  in 
ihii  partkuUr  made  a  question  of  the  power  of 
•or  Hook;  and  ibr  us  to  stand  u^Mn  this 
fvvfr  of  ours,  be  ho!deth  it  untit,  unless  we 
wot  belter  prorided  with  precedents  than  he 
lUeifa  we  can  have  ;  for,  if  the  king  should 
kan  il,  we  are  for  e%'er  barred. 

nc  Atsj'rr  of  the  H^ar/^t  saith,  that  in  this 
Mkh  we  have  to  deal  with  the  Lords  as  well 
■  ifcekiDg ;  for  this  8entence  of  ours  doth 
1  tMr  lordships  and  the  privileges  of 
HooM :  That  our  desire  to  have  our  Sen- 
confirmed,  is  in  a  manner  to  desire  to 
a  new  precedent :  He  would  have  us  to 
itte  wotdkk  a  care  to  satisfy  all,  as  that  the 
^Mk  wtKf  not  daim  that  their  privileges  are 
ilBHtod  in  this  business,  whicn,  they  may 
fnhifs  mjj  appertained  to  them. 

Mr.  HmckweU  saith,  tliot  the  precedent  sent 
li«ky  fak  majesty  doth  not  bind  us  any  more 
te  k  doth  the  Lords  ;  for  in  it  is  expressed, 
Lords  could  not  judge  alone,  which  the 
_  practice  since  sheweth  to  be  otlier- 
;  Inf  we  cannot  shew  any  practice  that  we 
hnt  ikHie  ghen  judgment  in  the  like  case  to 
wiof  Fhiid. 

Sr  &.  Mount agve  saith,  that  the  intention 
tf  the  Committee,  wlw  penned  this  Message, 
VM  niher  to  rely  on  the  king's  favour,  than  to 
ft^MAJustilication  of  what  we  have  done. 
Sf  EArard  C**oke.  saith,  tliat,  by  the  Paper 
Mlliqi  by  the  king,  it  is  set  down,  that  we 
iMtia  ytwer  of  judicature ;  but  every  man 
^'  '  that  we  have  judged  those  of  our 
',  ami  ot  Iters  also  tor  a  contempt  or 
■gionst  this  House,  or  any  member 


J/'iy  3|  pt  m. 

IWSfedter  deliTercth  our  Message  to  the 

or  whole  House  being  present. 

Speaker's  speech  vhl.  fol.   158  ;  with 

ibtt  we  think  the  Record  sent  us  by 

^   is  no  other  than  an  Answer  to  a 


"K 


MisB  exhibited  by  the  Commons  *'  That  we 
Mseck,  that  the  execution  of  the  Judi^cnt 

r'  a  by  us  on  Fk>id  may  not  to  be  deterred, 
Aediwomfort  of  his  majesty's  Commons, 
MjhtdiseoiiTagenientof  that  House." 
''^^   'Knganswereth  ;  That  he  ever  speak- 
I  kit  heart :  That  he  will  shew  at  all 
I  w  a  fatherly  love  and  a  fatherly  care  : 
vanki  have  as  to  proceed  wit'ti  bu<;i- 
■  a  right  course.     He  knowetli,  tlint 
abate  done  proeeedeth  out  of  Ime  to 
hii  chiUreD,  but  out  of  too  great  a 
hemy ;  and  saith,  that  we  Iiave 
nth  too  much  celerity  and  alaci'ity  : 
bnvyen  who  were  present  an;  not  'to 
il    If  that  Fkndbe  guilty,  (as  liis 
'Wci«lb)li0  defcnres  ji  gmter  pu- 


105]  STATETRIALS,  SSCll  Ar£s8  II.  l6iOj^PrMetding$tgalmt  R. 


••c 


.  Mr.  Mallei  sakh,  that  he  would  hare  this 
husiness  thus  rest ;  tor  we  have  discharged  our 
ConscienceB. 

Sir  Gtorge  Moore  saith,  that  he  conceivetb, 
that  wliat  we  did  in  Floid*8  business  was  jus- 
tice'antl  done  justly :  that  the  civil  law  saith, 
that  in  rtbuM  du*.iis  ct  oh»curU  judgment  shall 
he  given  on  oath ;  but,  where  the  matter  is 
clear,  judgment  may  be  justly  given  without 
oath  :  and  these  words  were  clearly  proved  to 
ufti  by  the  concurrency  of  divers  witnesses ; 
and  tbereibre  what  we  have  done  is  done  justly. 
lie  would  not  have  us  to  go  to  the  Lords,  but 
aaith,  we  have  discliarged  our  consciences ; 
and,  if  that  which  we  have  ilone  may  not  be 
executed  he  would  not  have  us  to  hinder  our 
other  businesses  by  I  iirtlier  dispute  hereof. 

8ir  ThoiHin  Howr  saKh,  he  thinketh  the 
liberty  of  our  House  is  hereby  shaken :  he 
thinketh  our  judgment  was  rightly  given,  and 
therefore  would  have  it  stand  on  record  as  our 
daim.  He  saith,  he  hath  heard,  that  the  Lords 
cannot  take  notice  of  a  grievance  but  from  us ; 
and,  if  by  this  means  the  king  send  this  busi- 
ness  to  Uie  Lords,  we  shall  then  exclude  our- 
selves, and  the  Lords  will  henceforth  deal  in 
■uch  business  without  us,  and  so  we  shall  lose 
that  privilege. 

Sir /f^'/rv  Ptfoile  4aith,  he  thinketh  nothing 
can  be  done  herein  without  prefudice,  if  we  arc 
not  parties  to  it :  he  thinketh  therefore,  that  a 
IhU  is  the  best  course. 

The  Muster  of  the  Wards  saith,  that  we 
have  herein  appealed  to  the  king,  and  we  can 

S>  no  higher,  neither  would  wish  that  we 
ould  go  any  lower  :  he  would  have  us  pctti- 
tion  the  kin^  to  deal  with  us  as  a  father  herein, 
and  to  take  it  into  his  own  bands,  without  pre- 
ferring it  to  the  Lords. 

Sir  Sttmufl  Sundet  saith,  that  a  kingdom  or 
family  beinfjf  divided  cannot  stand.  It  is  a 
maxim  in  this  House  that  a  member  of  this 
House  may  not  speak  against  what  is  here 
done:  that' he  thinketh,  that  which  was  here 
done  against  Floid  was  out  (»i'  our  love  to  his 
majesty  and  liLs  children,  and  with  justice  ; 
and,  if  this  sentence  be  erroneously  given,  let 
^e  paity  adjudged  appeal.  He  saith,  that  we 
are  a  court  of  rtn'onl,  and  every  court  of 
record  hutli  |)owcr  to  give  an  ontli ;  and  want 
ol'  use  taketh  not  a^vay  the  jurisdiction  of  a 
court.  He  would  have  our  judgment  entered, 
and,  if  our  l<»ve  to  his  niiijest^  and  his  chil- 
dren hath  herein  conru|)ted  us  with  t4»o  much 
seal,  let  him  he  the  jud;^  of  it,  for  whose  Kake 
we  were  ko  comiptiMl..  Ho  saith,  that  the  ce- 
remony of  taking  i\n  OHtli  on  a  IxNik  is  de  puitne 
tempif ;  niid  this  was  a  i^ourt  of  Record  betbre 
that  cerenioiiy  wuh  useil  iu  |hc  giving  of  an 
oath.  lie  (h'sireth  agnin,  that  mir  judginent 
may  be  eiiten>d,  and  iht>n,  if  the  |Mirty  ad- 
judge<l  apiieai,  let  him  luko  his*  c«>iirse ;  we 
liave  discliargeil  our  con!<>ei(*iieeH. 

Mr.  StHtth  saith,  that,  it'  the  Iwly  Elizaln'th 
had  been  present,  and  coni|duinu«l  to  the  earls 
marshal,  they  would  have  punislied  Floid 
Without  miuisteriug  au  oath  to  the  witnesaes, 


for  they  can  gve  bo  oath :  that  ha  knop 
that  the  euU  maidial  hasepnnisfaed  and. 
prisoned  without  oath  in  his  own  caaas 
shall  we,  who  are  the  repreiaitaiive  boc 
the  whole  eomroonwealm,  dooU  wh0k 
judgment  given  by  us  without  oath  ahatt 
less  forve  than  thai  ofthecaila  manhais 
do  this  only  by  the  king'aedkt 

Sii-  Eduara  Conkc  auth,  that,  wfan  a  ^ 
nient  is  ready  to  be  given  whidi  conoCT 
king,  as  all  criminal  mattes  do,  than  ■■ 
acts  of  parliament  that  jodnncfla  ■halj- 
stayed,  thoiigh  a  command  come  froa 
king  under  the  great  or  privy  seal :  boto 
otherwise,  when  the  judgment  ia  to  b^ 
for  ielony  or  treason ;  for  therem  tha  Ic 
an  immediate  party,  and  he  may  deaiit  %m 
it  prosecuted,  as  weU  as  an  ordinary 
let  iiiU  his  own  suit. 

Mr.  &di€itor  saith,  that  tltt  M< 
was  sent  this  morning  from  his 
drew  this  business  into  questkn ;  andn 
leaveth  it  to  the  oonsideratioD  of  this  9 
whether  we  will  enter  this  judgmeuli  tka 
demanding  precedents  of  as,  wfaeieby  h^ 
see  our  power  to  give  such  a  judgmeAtf 
foareth,  if  we  do  enter  this  judgment,  it  ^ 
displeasing  to  the  king. 

Sir  Edwufd  SackouU  saith,  Aat  the  Jo 
in  the  Lords'  House  oi'  Pteliiimat  ai 


corded  every  day  in  rolls  of  parcbmem 
therefore  he  woiud  have  oius  so  done  toOi 

It  is  ordered,  that  the  Joumab  of  this  B 
shall  be  reviewed,  and  recorded  on  roll 
parchment. 

It  H-as  thought  fit  on  this  long  debale  fli 
Floid*s  btisiness,  that  a  committee  should 
ceed  to  draw  up  tlie  Reasons  and  graiM 
our  Judgment  ^vcn  against  Flokl,  and 
the  Jud^ent  itself  should  be  set  down  \ 
entered  in  due  form  ;  which  being  acoordi 
done  by  a  committee,  it  was  acoordingl) 
order  on  the  question,  entered  into  the  Jai 
of  this  House. 

May  5. 

A  Message  from  the  Lords  signifying, 
they  have  had,  during  this  paruameni,  i 
contentment  in  the  correspondency  hetwe 
and  them  ;  and  that  they,  having  heard  < 
censure  given  by  this  House  against  Fki 
desire  a  couterencc  with  this  House,  ioi 
accommodatiiig  of  that  business  ia  sue] 
as  may  be  wi.Tiout  prtjudice  to  the  Privi 
of  eitlier  House* ;  the  number  to  be  the  i 
House,  the  time  thiec  oVlock  in  4he  i 
noon,  pbice  the  paintetl  chamber  ;  and  | 
to  lie  given  to  the  committees  of  both  H 
to  confer  and  debate  fi'eel^',  that  we  mai 
better  umlerstand  each  othW*s  reasuns. 

Sir  Kd.  Cfcil  suith,  tliat  it  is  a  rule  am 
great  ]>er9oiinges  and   nrinees,    tliat,  it' 
would  give  a  res|iectful  auswcr,  they  m 
iHit  hut  by  their  own  ambassador  or  cna^mi 

Answer  is  given  to  the  Message  thm 
I^rds,  That  this  House  rectiveth  their 
ships'  message  with  a  gi«at  deal  of  ooi 


I 


>{  Itf]    SOOE  TUALSi  d2  Ch ARLB&  II 

H  ■iMHBtti.aiid  that  we  will  (»ttiii|pdie 

iif  fliwIia^iUr  loidiliitM  ttulher  wwwer  to 

'  i  Ai  aM^  \f  lome  meoiben  of  our  own 


& 


.X 

i 


iMrfJudbwoiikl  BOthave  direnitj 


ioiiie  moTB  wortuy. 
BBmdk^iwttni  to  the  Lords  that  we  will 
k«tkm  ndthea  answer,  we  then  ikiiy 
Ahmt;  wd  he  would  not  have  us  to 
tenor,  which  we  peroeiTe  is  sweet  in 
ii,  thdr  conceit  ot'  ns.     He  would 
■tBnMDD  with  them  from  the  {pniunda 
of  the  bw :  it  is  human  to  err  ; 
K  «e  the  hii^heit  Courts  of  the  king- 
krethvlVnlB  of  £ninr;  but  to  iier- 
k  te  env  is  beDuinr»  or  unworthy  a 


jk.J^mitk^  we  hare  given  a  judgment 
j>fiB>H^v«l  cwMd  it  to  be  entered:  he 
ll^Mtkve  « to  refiMe  a  oonterence  on  it ; 
if  ih^  kak  out  into  matter  which  may 
fa<fcgf  thit  then  we  may  desins  of  their 
BpsfhrdMr  time  to  answer  it. 
itii«riBal,^the>Iaailer  of  the  Wards 
Icnyour  Amwcr  to  the  Message  trom 
i«dii  ind  that  the  effiact  of  it  8h(3l  be  an 
of  owjoy  and  eontentment  in  the 
jwmyiluiey  that  hath  been  between 
Huinridming  aU  the  time  of  this  par- 
Si"' that,  ibr  our  |Hurt8,  we  will  en* 
tte  dQthwipce  of  the  same  as  tar  as 
>  ttd  thit  we  will  meet  ibr  the  con- 
■■Mrad. 
.  *"^ifinresaith,  that  there  are  three 
■■I  hinineM  to  be  considered  of  ami 
!«  That  we  are  a  court  of  record; 
■jhinketh,  will  not  be  opposed :  8. 
'_^/*fc  cognizance  of  this  business :  S. 
'*j^  vJHGfa  we  had  to  judge  and  sen- 
™' *ithoat  oath  ;  and  it  is  no  more 

■MiiMi**  I  ^  ■'*™^  ^*^'  making  of  false 
•~;^**  ^^  abuses  against  this  House. 
yam/  s^^-^  g,^^  ^^^  ^g  question 

*e  are  to  confer  with  the  Lords,  is  a 
"■it  not  a  general  question  of  oil  our 
'  M  «U  '  ^  therefore  he  would  not  have 
?*T  ■••"oferBnoa  debate  of  any  thing  that 
""'*|sii  particular  question.  And  one 
'2*is  be^  whether  this  court  having  the 
■•wtftof  record,  be  not  a  court  of 
•  •**  the  other  pouit  questioiuible  will 
^"*  **laweientenced  without  oath  ;  but 
^J"^^  seen  that  a  judgment  was  over- 
^J"fcr  want  of  oath. 

^^^'[laitli,  that  we  may  proceed  by 
» ■ '  'I'  thii  Court  hath  jurisdictif in,  and  the 
r^^tt  oath  is  a  substantial  part  iuciduiit 
^■■yfaJOD :  that  to  have  t«>  give  an  «>ath 
^""y^to  all  jurisiiictiiin,  for  there  is  no 
gyjaicaturc  but  hath  this  power :  that 
^^mm  that  may  bu  reversed  hath  one  of 
^  •*ectf,  nuUity  or  injustfCH: :  nay,  we 
^^l^^ceededon  oatJi.  for  Uie  witnesses  did 
lad  awcar  on  their  saliattims,  that  wliat 
^i^Bond  and  said  was  true  i  and  there 


R 


\6^0.^Primkge  of  Parliamenti      [ iq6 

wanted  nothing  but  the  form  of  laying  of  their 
hand  on  the  book,  to  make  such  oath  to  be ' 
without  question,  which  ceremony  is  not  now 
used  in  ail  [ilaccs,  wlien  oath  is  given;  and 
anciently  men  swore  by  laying  tbeir  baud 
under  the  thi^,  as  did  Abraluuu's  servant, 
others  by  holuing  up  the  liuger. 

&r  Ed.  Sand^i  saith,  that  the  end  of  thia 
Conference  with  the  Ijords  is  for  the  acooouno* 
dating  of  this  business :  there  is  a  preoodoit  in. 
Edward  the  third's  time,  that  the  Lords  did 
censure  without  an  oath :  the  question  will  h» 
chiefly,  whether  this  business  of  Floid  b» 
within  our  cognizance  or  no.  This  hiiainrw. 
came  to  us  accidentally  by  the  examination.of 
the  business  against  the  warden  of  the  Flei^  ; 
and  when  we  heard  of  these  foul  speecheSi. 
though  we  wanted  custom  to  give  an  oath,  yei 
reason  (which  is  not  flying  and  disputattle 
reason,  which  the  king  calls  opinion)  which  is. 
the  ground  of  the  law,  told  us,  tl;iit  we  naigh:^ 
censure  him.  Me  would  have  us  to  d^Sie 
the  truth  hereof  to  the  Lords. 

Mr.  Hacketfeil  saith,  that  this  House  is  % 
court  of  rcco.d  ;  the  king  himself  did  1.  of  hie 
reign  acknowknlge,  that  this  House  is  a  court 
andjudge  of  record  in  sir  Francis  Goodwin's 
case,  6  lieu.  8,  cap.  16,  it  is  there,  that  tlie 
clerk  of  this  House  his  book  is  a  record.  We 
have  power  to  give  an  oatli ;  for  it  appears  in 
the  Journals  of  this  House,  that  one  coming 
into  tliis  J  louse,  wlio  was  no  member  hereoi, 
had  here  in  the  House  the  outh  of  supremacy 
ffiven  him,  and  also  of  secrecy,  if  a  man 
deny  that  here  at  the  bar,  which  atler  he  cou< 
fesiiethon  oath  to  the  Lords,  we  uuiy  here 
ceusuie  him  and  send  him  to  the  Tower  :  that 
the  judgment  given  by  the  Loi-ds  and  king, 
15  £d.  9,  agaiust  the  two  Spencers,  was  re- 
versed m  £d.  3,  time,  because  it  wm  mm  nul 
accuMfment  ;  and  in  the  reversing  of  the  judg-< 
ment  the  Coiumous  had  a  voice. 

Sir.  A{/'urd  inoveth  that  all  the  parts  of  this 
business  may  be  distributed,  as  tlie  points  oi'law 
and  precedent,  to  some  of  tlie  lawyers  of  tl^ 
House ;  the  points  of  reason  to  be  the  part  of 
sir  Edwin  Sandys,  sir  Samuel  Saiides  and  sir 
i>udley^  l>igs;  and  would  iiave  us  hoki  to 
thatpoiut  ot  tlieir  message,  which  was,  that 
notliiu<^  should  be  meddled  with  that  is  pr^udi- 
cal  to  Uie  privileges  of  this  House. 

Sir  DaaU'if  Digs  would  liave  us  stand  with- 
the  Ifords  on  the  aoeommodatiug  of  this  business, 
and  would  liave  us  shew  preoe<lenls,  that  this  ia 
a  court  of  record,  and  liath  i>ower  of  juitiica- 
ture;;  and  that  then  the  reuhous  should  be 
shewn  why  we  did  prtKH'cd  herein. 

The  XiusUr  of  the  WurtU  saith,  tliat,  sincft 
we  have  caused  the  jutlgincut  to  be  entered,  ha> 
would  not  have  us  stand  on  it,  or  say,  tliui  we 
intended  not  U»  make  it  a  precedent ;  tur  he  would 
liave  our  woiti  and  actions  ^ree. 

Sir  Sittuutl  SutiUrs  would  have  them  to  asaagn 
us  our  error,  aotl  that  we  slmuld  uot  ^^u  to  shew 
our  reasons  UU  their  lordshi|)s  hud  tii-st  slu^wn  us 
their  exceptiuus,  and  then  %ie  should  give  an- 
swer to  them. 


J07]  STATETRIALS,S2Charle8II. l6SO^Pr0eeeiing9agM$tR.Tkmi 


May  Sf  p.  w. 
At  a  Conference  with  the  Lords. 

The  lord  an;hbishop  of  Can/«rdurv  saith,  that 
their  lordships*  purpose  is  not  to  give  any  par- 
don or  defence  tn  Floid  or  his  offence,  but  only 
to  confer  of  the  manner  of  Floid*s  punishment ; 
ibr  their  lordships  say  not  but  that  he  hath  de- 
served as  great  a  punishment  as  we  have  cen- 
sored him,  and  porhaps  more.  That  he  is  happy 
who  shall  brin^  any  thing  that  may  conduce 
to  the  seeking  torth  of  the  truth  of  this  offence : 
that  their  lordships  seek  not,  nor  purpose  to 
question  any  power  hereby. 

8h*  Samuel  Sondes  saith  that  our  House  doth 
with  all  respect  and  thankfulness  acknowledge 
their  lordslups*  favour,  in  the  good  correspon- 
dency that  liath  been  during  this  parliament 
between  the  two  Houses,  lliat  we  are  free 
irom  any  intent  to  make  any  irruption  into  their 
lordships  coiist,  but,  having  such  an  occasion 
offered,  we  thought  we  mi^t  witliout  offence 
or  prejudice,  esctend  our  jurisdiction ;  which 
yet  we  have  not  done  farther  tlian,  we  conceive, 
reason  did  lead  tis.  That  this  complaint  was 
first  brouffhtto  us,  as  a  fault  against  the  War- 
den of  the  Fleet,  (who  stands  charged  ^ith 
many  foul  crimes  before  us)  for  that  he  (having 
heard  of  these  scandalous  speeches  spoken  by 
Floid  his  prisoner)  ctmoealed  the  same,  lliat 
when  we  understood  hereof,  out  of  our  zeal  to 
his  maji>sty  and  his  children,  we  presently  sent 
for  this  Floid  wlio  spake  those  vile  and  malici- 
ous words,  and  on  searching  of  him  we  found 
in  his  pocket  a  scandalous  uM  a^piinst  a  noble 
member  JT  this  House ;  (sir  Edw.  Coke,)  but 
we  thought  it  not  seemly  to  join  that  offence 
with  so  ipneat  a  one  against  so- noble  a  lady  and 
her  husrand,  and  so  proceeded  to  an  unaiumous 
judgment  against  him.  That  we  hope,  as  we 
are  careful  not  to  touch  the  hem  or  skirts  of 
their  lord.slii|>s  privileges,  so  tlieir  lon1shi()s  will 
not  press  too  hard  on  ours,  we  having  herein 
done  nothing,  but  what  some  lawyers  of  our 
House  (lie  hopetli)  will  shew,  that  by  law  we 
may  and  arc  narrantetl  to  do. 

The  Lord  Treaiurer  saith,  that  the  Lonis  do 
conceive,  that  all  those  offences,  which  concern 
not  tlie  lower  Hoiuie  or  some  member  of  it,  do 
properly  belong  to  be  Judged  by  the  upper 
House,  as  by  long  practice  and  many  prece- 
dents is  shewn  and  manifest. 

Sir  Eduard Cuke  saith,  that  we  hope  their 
lordship  will  deal  with  us,  as  Abraliam  did  with 
Lot,  who,  haviug  chose  the  lefiliand,  gave  him 
the  right,  and  biui  him  go  wliitlier  he  list.  He 
saith,  tliat  the  House  of  Commons  hath,  in 
manythin^,  aih-e  lilierty  of  judicature:  he 
desireth  their  lordships  to  rcmeml»er,  that  they 
were  gentlemen  before  they  were  lords;  anil 
therefore  we  hope,  tlieir  lordships  will  make  a 
favourable  construction,  and  not  press  too  Imrd 
on  us,  if  we  have  (as  we  believe,  and  hope  we 
have,  not)  i^me  beyond  precedents.  He  de- 
•ireth  their  lordsbip.4  will  be  pleased  to  consi- 
der, that  our  House  is  a  court  of  record ;  for 
that  court,  whicl^  bath  power  to  imprison  and 


set  fmes,  is  a  court  of  record ;  ar 
House  hath  power  to  fine  and  impri 
sireth  their  lordships  to  remember 
Ed.  3.  an  archbishop  for  causing  a 
our  House  to  be  served  with  a  su 
grievously  fined ;  that  by  the  statut 
4.  all  menial  and  other  servants  of  a 
our  House  are  free  from  all  airest. 
nifcst  and  known  to  all,  that  whosoe 
court  of  record  may  incidentally  € 
oath.  In  3  Jac.  the  wutlen  ol 
was  examined  at  the  bar  iu  the  Hon 
mens  on  oath.  That  these  words  w 
against  the  members  of*  our  House 
est  pars  patris,*  and  the  king  is  ever : 
be  resident  in  our  House. 

llie  Lu9'd  Treamrer  saith,  that  th 
pected,  that  we  would  have  sheivn 
that  this  business  was  censurable  by 
That  tlieir  lordships  do  acknowledg 
concemetli  the  House  of  Commons, 
ber,  or  the  servant  of  any  meml 
House,  doth  lie  within  the  comp; 
power  to  judge  of. 

Sir  Ed,  Samlyt  saith,  that  we  did 
to  extend  our  power  beyond  the  privi 
House : — That  in  this  particular  (v 
ho])e  there  will  here  never  be  the  liki 
thought  we  might  refer  it  to  the  rei 
other  judgments,  for  we  may  judg 
done  ag^nst  this  House,  or  a  mcinb 
and  we  take  this  to  be  against  the  k 
as  resident  with  us  as  any  member 
thought  delay  would  have  extenuate 
uicnt  and  his  offence ;  and,  though  \ 
used  to  judge  in  such  a  case,  yet 
'  consuctudine  referendum  ad  ratio 
*  ralem.' 

l*he  Lord  Treasurer  saith,  that  tli 
free  us  from  any  intent  in  us  hereby 
their  lordships*  prri'ileges:  That  tl] 
ready  to  do  us  right,  so  we  take  s 
witliout  prejudice  to  their  privileges  ; 
we  have  shewed  our  ascal,  they  will  s 

Mays. 

Conference  vrith  the  Lords,  tot 
Judgment  given  on  Floid. 

The  An^hbishop  of  Canterbury  sai' 
Lords  were  the  first  that  did  suil 
business,  and  the  Lords  were  the 
did  send  in  it:  Tliat  tlie  Lonls  c 
exceed  us  in  nobleness,  and  seek  not 
but  verity :  That  they  seek  not  to  f 
liberties,  nor  would  have  us  make  ir 
their  privileges :  That  their  lordshi| 
such  causes  judged  by  them,  and  do 
we  will  leave  tlu:ir  lordadiips  \ihere 
thein. 

The  Master  of  I  he  Wards  saith, 
so  much  embrace  the  ^ood  corres[>ui 
amity  tliat  is  between  tlie  Houses,  th 
ratlier  for  an  accomiuodatton  than  a  c 

The  Arclibishop  of  Cantertmry 
tlieir  lordships  will  kindly  embrace  ; 
modation  which  b  worthily  propot 
hkc  ourselves:   That  their  forush 


rXTE  TRIALS,  3S  Charles  IL  iGSO^^Privitege  of  Parliament.      [  1 10 

the  Committee  thought  fit,  that  we  should  nol 
adrisonor  cooti-adict  their  lordships,  if  they  will 
jfive  further  sentence  on  Fluid,  but  only  desiro 
their  lordsliips  to  take  into  their  consideration 
the  hanousness  of  tlie  offence,  and  to  do  it  witli 
expedition :  and,  for  the  second  part,  to  offer 
unto  their  lordships,  that  our  precedent  shall 
not  be  drawn  in  consequence  against  the  pri- 
I'ile^s  of  their  or  our  House,  and  that  there 
shall  be  here  ^if  their  lordships  desire  it)  a  pro- 
testation in  this  House,  that  this  pn^edent 
shall  be  no  prejudice  to  the  privil«;gef>  of  either 
House,  and  that  tlieii  we  will  di'sirr  there  way 
be  the  like  protestuiion  in  their  House. 

Ma  if  12. 

Sir  Edward  Cooke's  Report  of  the  last  Con- 
ference with  the  Coniiiiiitei*  of  the  liords,  con- 
cerning: the  busini.  ss  of  Edw.  Fluid.  He  saitli, 
that  he  divided  his  s|KMH.'h  into  two  iiarts :  fint, 
the  induceuient;  ulieniu  he  laiti  down  our 
confidence  and  resolution  to  maintain  the  good 
correspondency  with  the  I/>nls,  by  means 
whereof  this  (larliantent  hath  reduced  great 
aliuses  to  a  gooil  onler,  by  |)unLshing  of  great 
offenders  : — That  what  we  ditl  was  far  from  any 
intent  in  us  to  gain  a  ])rcce<lent,  or  to  inrade 
their  lordships  lil»ertics  or  privileges  :  lliat  the 
judgment  was  given  out  of  our  zeal  to  his  ma- 
jesty. The  second  part  mtis,  for  the  accom- 
modation, that  we  relied  on  their  lordships  kind 
messages,  and  that  we  desireil,  that  tliis  judg- 
ment might  be  so  aeconmuNlatetl,  as  it  mig^t 
be  without  prejudice  to  either  of  the  Houses : 
Tliat  we  leave  it  to  their  lonlships ;  if  they 
would  proceed  to  a  judgment  and  censure  of 
Floid,  that  we  desire  they  w«)uld  then  do  it  aC" 
c*ording  to  FloidN  dcniei  itM,  and  tliat  the  execu- 
tion might  be  done  with  s{»eed  ;  and  that  \ie 
would  make  and  enter  a  protestation  that  this 
preceflent  should  not  be  pn-jiidicial  to  either 
House:  That  hereu|K)n  the  Lords  did  (aflera 
private  consideration)  present  to  the  sub-corn • 
mittee  a  I^-otestation  in  Ace  vtrlni  t  "  A  Pro- 
testation to  be  euten*<l  in  the  House  of  the  ' 
Lords,  by  the  consent  of  tlio  Hi^useof  Com* 
moiLM,  that  the  procee«lings  lately  past  in  thct 
House,  on  the  Judgment  of  Kthvnrd  Flotd,  le 
not  at  any  time  hereafter  drawn  or  used  as  a 
precedent  to  the  prejudice  of  eidier  House; 
but  that  the  privileges  of  both  Houses  do  re- 
main and  abide  as  before." 

Sir  Nath.  Rich  moveth,  that  the  Committee 
may  have  power  to  conclude  on  the  Protesta- 
tion which  the  Lords  offer ;  but  ^xiuld  havtt 
added,  that  neither  the  proceedings  by  us,  nor 
any  othei'  proceedings  which  are  or  snail  be  in 
tins  business,  may  be  to  the  prejudice  of  th« 
privileges  of  either  House  hcreafier. 

The  Maiter  of"  the  Wurda  coroplaincth,  that 
he,  seeking  at  the  Conference  with  the  Lonla 
to  repair  or  exphiin  a  mistaking  of  sir  Edward 
Cooke  in  the  delivery  of  the  message  at  the 
Conference  at  the  Committee,  was  told  by  sir 
Edward  Cooke,  that  there'  was  the  spirit  of 
contradiction  amongst  our  Committee,  pointing? 
at  him;  and  mlding  withal,  thai  he,  who  ahouii 


in  general) 
aU  propound  the  manner,  bow  we 
this  oiflereDce  should  be  accommo- 

f  er  of  the  WarHs  saith,  that,  as  their 
St  acsit  to  us  touching  the  accommo- 
liis  business,  so  we  desire  their  lord- 
I  first  propound,  how  they  would 
mroodaled. 

hbl&liop  of  Ctinterbury  saith,  that 
I  their  lordships  have  had  an  irrup* 
r  liberties  by  a  judgment  given  bv  ; 
uM  tliat  we  should  meet  them  hau 
east  for  the  accommodating  of*  it. 
f/tr  t^  the   WariU  saith,  that  our 

bad  to-day  some  speeches  of  a  sub- 
and,  if  it  please  their  lordships,  \se 

again  to  the  House  to  confer  of  a 
tee,  touching  the  accommodating  of 

V. 

t  was  agreed  of  all  sides,  tliat  we 
laiot  our  House  with  this ;  and,  in 
ne,  thf^r  lordships  went  into  their 
jiudder  of  a  sub-committee,  and  the 
lumber  of  iliv  sub- committee, 
[ouse,  the  Speaker  sitting,  aAcr  the 
«ith  the  Lords. 

irile  «iith,  that  he  would  have  this 
acconimodatetl,  as  by  this  precedent 
e  net  ourselves ;  and  tliai  this  should 
T  htn«f ,  nor  be  alleged  ag-dinsit  theiu 

he  wisheth  the  business  be  so  ac- 
d,  aa  the  delinquent's  punishment 
extenuated, 
ge  iascnt  to  th«r  lordships,  to  desire 

may  be  a  sub-committee  of  botli 
Minted  to  accommodate  this  business 

whcreiu  we  leave  the  nomination 
t  time  and  number  to  their  lord- 
ly saith,  that  it  \&  a  maxim,  that 
mi  non  habet  Imperium,'  so  as  the 
'  ant  question  us,  nor  are  we  to  ac- 
rcm,  for  any  thing  which  themstives 
The  sentencing  of  Floid  lieth  nnt 
vwcr  witliout  us ;  and  therefore  by 
re  not  lo  account  to  their  lordships 
igment  we  have  given  herein. 
niltee  of  sixteen  of  tlie  Upper  House 
ed  by  the  I^nls,  and  twice  as  many  ! 
die  tccommodatine  of  this  business  ;  | 
ire  to  meet  on  FriiEiy  next. 

il/sy  11. 

nri  Cooke's  Report  concerning  the 
I  widi  the  Lords,  touching  the  busi- 
!■!.    That  the  Committee  agreed  on 
I W  delivered  to  the  Lonls  for  the  ac- 
ft^  of  that  business,  and  hath  divided 
p  firti :  first,  the  inducement ;  se- 
ll irtare  and  matter  of  this  accom- 
Dr  the  first,  that  we  never  meant 
llbcir  lordships  power,  that  we 
»  baeause  of  the  notoriousness  of 
%i  Mai  of  our  duties,  for  the  ho- 
iny  aod  his  children,  and  our 
■I  the  teataice  boog  thas  givcDy 


inl  STATETIU[ML5,5^CHAU«fin..l6dO.*slVmxeiu^r«^^^ 


Mkto  BOnrffedteicfD  i&tfae  Hoifte,  w«  ntft  wor- 
thy of  bis  head. 

Sir  Edward  Cooke  proteflteth,  that  he  spnke 
mierally,  «nd  nOMUit  not  -the  Master  m  the 
Wards;  biltaaid,-thaithelikecoiitradietioiis,at 
the  last  conTention,  were  the  overthrow  of  the 
pariiament :  That  'the  wonls  which  he  spake 
at  the  time  ware  as  the  clothes  in  Birchin 
•Lane ;  if  the  Master  of  the  Wards  did  apply 
the  same  to  himself,  it  was  more  than  he  meant 
to  him ;  for,  when  he  spake  those  words,  he  took 
not  measure  of  the  Masttr  of  the  Wards'  body. 

On  sir  Bdward  Cooke's  protestation  in  the 
House,  that  be  meant  not  the  Master  of  the 
Wards,  in  any  of  those  words  which  the  Master 
of  the  Wards  did  except  ag^ainst,  the  Master  of 
theWaids,  in  the  Hoose,  openly  said,  he  was  well 
satisfied  with  sir  Edward  Coolce's  protestation. 

iSUr  Edmard  Saekvilie  would  hare  us  send  to 
the  Lords,  to  know,  if  their  lordships  in  their 
-House  hareconfinned  the  protestation  they  of- 
fered at  the  Committee ;  and,  if  they  have,  that 
then  he  would  have  us  consentto  it. 

It  is  ordered  by  question,  That  a  Mesmge 
shall  be  sent  to  the  Lords  on  Monday  morning, 
to  know,  whether  they  do  aUow  of  the  Protesta- 
tion offered  at  the  Comfereace  by  the  Committee 
orno. 

Afoy  18. 

A  Messaffefrom  the  Lords,  That,  since  we  re- 
ferred die  judgment  of  Floid  to  their  lordships, 
the3r,  understanding  that  we  have  a  trunk  of 
writings  of  the  said  Floid's,  wherein  may  be 
something  to  aggravate  his  fault,  do  desire  that 
we  will  send  me  same  to  the  clerk  of  their 
House  to  be  opened,  that  the  writing^  therein 
may  be  looked  into. 

By  reason  the  messengers  from  the  Lords 
said  (contrary  to  the  agreement  between  us  and 
their  lordships,  on  the  Protestation  entered  in 
both  Houses^,  That  wie  had  referred  the  Judg- 
ment of  Fknd  to  their  lordships,  we  returned 
Answer,  that  we  would  send  Answer  to  their  lord- 
ships'message  by  some  members  of  this  House. 

Whilst  we  were  in  debate  what  Answer  to 
send  to  their  lordships  message,  another  Mes- 
sage came  from  tlie  Lords,  by  the  same  messen- 
gers they  first  sent,  that  their  lordships  taking 
notice  orthe  first  part  of  the  Message  they  last 
sent  us,  do  now  (to  take  away  all  scruple)  send 
to  acquaint  us,  that  the  said  first  part  ot  the  said 
messa^was  mistaken;  and  the  effect  of  their 
lordship's  desire  is,  to  have  the  said  Floid's- 
trunk,  that  they  may  look  into  the  writings  in  it. 

Answer  to  this  second  Message  is  given.  That 
Ac  trunk  shall  be  sent  n^  to  the  Lords  (as  their 
lordshius  desire)  to  be  disposed  of  as  their  lord- 
shius  snail  please.  And  acconliiigly  the  trunk 
and  key  were  both  sent  to  their  lomsnips  by  the 
fierjoant  of  our  House. 

The  Lords  of  the  upper  Honse  of  Parliament 
did,  this  90th  dsiy  ot  May  16  M,  censure  Kd. 
iHoid,  whom  before  we  of  the  lower  House  had 
oensoreil ;  but  their  lordships  called  not  us  to 
dflmand  Judgment  (as  in  other  censures,  on  bu- 
ivhefiof  we  teveintbittod  thesa,  they 


used  to  do)  booanse  we^had  ibe 
ment  on  tne  aaid  Fhdd :  and, 
•thought  tl|e  Judgment  Mid  8 
on  him  ws^  too  great,  their  lo 
on -him  a  heavier,  viz.  *<Tbai 
graded  from  his  gentility,  ride 
nrom  the  Fleet  to  Cheapside  on 
out  a  saddle,  ii4th  his  nee  to 
and  tlie  tail  in  his  hand,  and  th 
hours  in  the  pilloir,  and  then  ti 
«d  in  the  forehead  with  ihe  leti 
Friday  following  he  shall  ride 
said  nlace  in  the  same  manner 
and  tjiere  stand  two  bouts  mo 
with  words  in  a  paper  in  hishai 
fence : — To  pay  for  a  fine  to  tl 
of  5,000/.  and  to  be  a  prisoner  in 
his  life." 

June  1. 

I  saw  this  day,  after  our  H 
Floid  stand  in  the  piBoij ;  the 
tion  of  liis  offence  bang  altei 
were  appointed  by  ourHous< 
**  For  i^ominious  and  despil 
*^  malicious  and  scornful  beha 
*^  Count  Palatine,  and  die  king 
**  and  their  chiMren."  This  ^ 
breast  and  back,  and  he  stood 
pillory,  and  did  ride  according 
of  the  upper  Honse. 


The  iblkiwing  Heads  of  the  I>f 
place  in  the  House  of  C< 
iiig  Floyde  are  taken  f 
Journals. 

1  Commons  Journal 

May  1,  p.  m. 

Sir  li,  Manwarinfi.     That 
l(»rd  Warden  say,  that,  when  h* 
Wales,  Floyde  questioned  for 
the  BiUe  :  and  now  is  questioi 
against  the  noldc  king  and  que 
Tlierefore,  sithence  he  hath 
God  and  man,  mo?eth,  that  nc 
man's  sake  he  may  have  men' 

Floyde^  at  the  liar,  charged 
with  sp^aking'the  scandaiou 
mentioned,  against  the  prince 
lady,  and  with  his  denying  th 
in  (lis  denial  thereof. 

Pemugto',  confronting  FI03 
former  speech ;  tliat  knowei 
what  time  these  words  spok 
such  man  as  Fryer,  except  l)r 

Mr.  HachfyU.    That,  ui  tl; 
Lettice  Harrys,  he  obsorveili, 
that   she  denieth,    she    ever 
warden  of  the  Fleet ;  but  tha 
one  W  illianis  with  it  because  i 

Sir  It}   PhiUi^prx.    Came 
to  speak  freely  in  this  parliani 
better  occaiiiion  to  shew  \w 
noble   lady,    the  ki-ig's  dauj 
offence  :  9dly,  against  whom  c 
the  pumshioent.    The  frftece 


ITE  TRIALS,  32  Charles  II.  l  GSO.-^Pimiege  of  Parliament.      [114 

wkich  may  J>«  tliscovercd  by  his  jiaiycrs.  To 
siiKiHfiid  our  sentence. 

Sir  Edw.  Cecifi.  To  moke  this  punishment 
p^reater,  than  hath  l>oon,  in  like  cases,  hath 
been  for  siihjerts  scandals.  To  boi-e  linii 
tlirough  the  top;^iie ;  and  a  B.  in  lus  fore- 
head. 

Hit  Geo.  Goring.  Aiow  called  np.  To  havo 
him  set  upon  an  ass  :  1^  .stashes,  as  10.  bt^ads  : 
at  every  one  to  s^altow  a  bead  ;  and  12  jerks 
to  mak<'  him — 


rf  ipiteful  aipiinst  the  king*  and 
ibenuB.  The  persons,  ai^inst 
lOpeAil  issue  of  our  ^preat  master, 
arth,  because  he  endeavoured  to 
d  marie  hnn  unhappy.  For  her  : 
*  ind  iMinour  to  any.  Floyde  a 
91  original :  a  popish  knave,  the 
n  of  all  other.  For  his  puntsh- 
rehim  carrried  from  "Westmin- 
I  his  face  to  an  horse  tail,  a  paper 
jreat  letters  ;  "  A  popish  ^^Tetch, 
njftlie  kin<;^*A  children  :"  to  the 
there  to  lie  m  Little  Ease. 
lou.  Because  a  prisoner  com- 
be Lords  of  the  C.-ouncil,  to  ^  to 
et  them  know,  we  desire  to  have 
iirouprh  London. 
m.  As  bir  Tho.  Row. 
Kinna^ton.  That  Floyde  put  into 
D  of  the  |ieace. 

iorc.   No  punishment  too  great 
'.    l^ppceilentK  have  a  beginning, 
ack  to  the  Fleet.   * 
I  vouchetli  a  precedent  of  the  * 

rofte.  1,000/.  fine,  to  be  eni- 
rars  of  the  Palatinate  ;•  and  to 

To  carry  him  in  a  disgraceful 
Power ;  and  he  there  to  i-emain, 
ted  by  the  I^rds. 
tumour .  To  go  from  "Westmin- 
ail,  with  his  doublet  off,  to  the 
b  about  his  ueck,  and  as  many 
IV,  as  bf-ad*?. 

f  o  punish  first  here,  then  may 
the  Lords.  To  send  him  to 
ipping  :  beads  :  Tower  :  Little 
rtncr  pimishment  by  the  Lords. 
ile$.  Jsiorry,  so  -imworthy  a 
ear  the  name  of  an  English - 
1  evade,  and  say,  lie  were  a 
Jlory  ht^re,  with  a  pai)er  of  his 
■  his  vile  wonls  :  whipped ;  Iris 
ixeji,  and  especially  hts  friar*s 
im :  if  these  can  defend  him 
ipiniri  ^^H :  so  many  more  at 
;  and  so  at  the  Tiinple,  and 
en  to  return  him  to  the  Fleet : 
iin  into  a  worse  prison. 
jptom.  To  suspend  our  judg- 
•en examined:  tbrmayaggra- 

.  To  the  Tower  at  first :  then 
(Oidt  ahaut  it. 

w.  To  lc*a^  e  out  none  of  these 
rbe  doubt,  her^iuse  committed 
lb  Mispend  our  judgment,  till 


Not  to  defer  it,  nor  to  put  it 
L  Oynenteth  to  the  punlsh- 
r  hv  air  Ho.  Philipiies  :    and 

ft^fy  ad«ietb,  boring  through 

^f^  have  his  tongne  cut  out, 
I,  he  an  intelligeucar ; 


Mr.  ISafisburi/.  Sorry,  hath  any  Welsh 
blow!  in  him  :  yet  but  half,  for  half  English. 
Agri^i'lh  witli  tlie  most  smcre  punishminit^ 

Mr.  Price.  A  paper :  pillory :  riding  upon 
an  horse  backward  :  and  200/.  fine. 

Sir  Ho.  Bevcli.  Agrceth  with  the  greatest 
punishment,  but  bIfHxl ;  and  would  not  have  the 
Deads,  See.  put  pi>on  him,  lest  should  lie  thought 
to  be  for  hts  religion.  To  defer  the  fine,  tor 
search  of  the  papers,  for  his  greater  pmiish- 
ment. 

8ir  Jo.  Jephion,  To  punish  it  presently.  To 
whip  him  to  the  Tower ;  vi'/.  as  tar  again,  as 
those  for  the  Spanish  ambassador :  and  a  g^ood 
fine. 

Sir  Kich.  Gravenor,  Not  Vn  defer  his  punish- 
ment. Whipping  to  the  Tower:  Papers: 
Beads  with  him :  Out  of  the  commission  of  the 
l>eace:  Unbarristeretl. 

Mr.  Finch.  Desireth  all  these  punishments ; 
yet  no  coqtond  punishment,  because  no  proof 
upon  oath  against  him.     Pillory. 

•Sir  Tho.  Wryneman.  To  cany  Iiim  to  the 
Fleet,  and  whip liim.  And  hopeth,  upon  search 
of  his  paiiers,  to  find  matters  to  hang  him. 

Sir  Jo.  Strangevfi^fs.  To  make  a  precedent 
in  this  case,  if  none  beibre.  Whipning :  boring 
his  tongue,  at  Cheapside :  and  tlien  to  return 
him  to  the  Fleet. 

Sir  Edw.  Wnrdor.  To  make  a  preceilent,  if 
none  before.  To  return  him  now  to  the  dunGr^>on 
in  the  Fleet.  Whipping:  as  many  lashes, 
as  the  prince  and  prmccss  old :  boring  in  the 
tongue. 

Sir  Guy  Palmes.   No  blood.    Tower,  &e. 
^  Mr.  Angel  I.  A  gag  in  his  mouth,  to  keep  him 
from  crving,  and  ]vn>ouring  pity. 

Mr.  Towerion.  To  have  hiin  stand  upon  the 
pillory  at  the  excliange,  that  the  strange  mer- 
chants may  know  it,  and  piiblish  it  abroad.* 

Sir  Jo.  iValfcr.  To  avoid  cnielty  in  his  jni- 
nishment.  To  vilify  him,  as  he  hath  done  these 
noble  princes.  To  ride  backwanl  on  an  horse : 
A  fine  that  may  go  to  the  Palsgrave ;  because 
asked,  whitherthe  lail  would  go:  pillory :  his 
lieads,  <Scc.  to  be  hanged  about  him,  to  shew, 
from  what  root  this  grew.  That  he  laiiglied  at 
the  Icms  of  Prague ;  therefore  to  make  him  cry 
by  whip|Mng. 

Mr.  Malktt.  Tower,  presently.  Whipping 
Ace.  to  be  respited,  till  the  pnjKTS  ])eruse<l. 

Mr.  G/anvr///f  sccondetn  sir  Jo.  Walter's  mo- 
tion. Not  to  be  disputed,  but  we  may  df>*hat, 
which  we  are  about  to  do.  To  do  this,  and 
leave  further  pimishment  to  the  I^rds. 

Mr.  Alford  coucurrelh  with  sir  Jo.  XS'^uUm 
I 


115]  STATE TRTALS,33  0BAnLltslLt68a~Pror<-nfiii^ff^aM*(R.Tl« 

in  til,  Init  whiiijiing-.  To  fiae  bim,  instead  of 
vhifntmg. 

!*tr  H.  Andfrvn  eonforrMh  wilh  rir  Ro, 
PhiDipptTi.  Not  rati^fird.  loukchim  out  nrtbe 
jHisiin.  uli>rcuiiioiliplonlKDf  thecounril  have 
TOiumLti!''!  timi.  I'aper:  btanikd:  ridetack- 
«ank:  hmis  about  him. 

Sir  KJa:  &i>iJi.  >iu<-li  dirtirahy  in  thb 
nu*e.  T«  br  iit4i«ilTi««l.  ThaiourMUteuce 
wi!l  becsBunM  in  a,^<  n  (Mil ot'ihe  Christian 

Titt  ri-.l  '>'  11  I'l  afftrtionlo  rehinoii.     iin  i;,i-i,   anil   paiiicularv   rf  ox 


:ui<1s 

l»(TS.*n*,  ii»,  EtI.  li.  : 

Till* 


r;'""' 


il  Qiinn  Jane,  cvcaped 

i.t'  ni'p.Kiws  in  relieioD. 

iW'^  ill  her  enr- 

biil  tor  the 

.  briiu:  ibfoi. 


For  f>l«-,   nulicioii*  a^ 

"  ■ihti.Ik.-,    il..   .  -.  the  kinj^'a  d 

"  hor  bii-lti  .■."     •  ■  stand  m-  u  |il 

Ss<-k  s.-  U'.     ■        .'I  at   1,000-'. 
Committee  lo  aii\eg  and  esamii 

Sir  7^«.     irtmlKorli    mareth 


Till-  1. 


Ihe«i 


eCw 


>1j-    Sbeifield  added. 
I  -i-yoe  Hill)  i\\  'wed,  and  lo  be 
'  »Tiiiii;;,     The  SenleDce  to  be  rt 
^b('iitr-,<>l'  I  i^::.!  )b.Uk«e^ 

'  ihu   puryoir,    lo    Ksa 


uil.  ti 


evcepi  tinn  detn^iWi 


Yh.}  V  -alkd  in  lo  tl.e  bar.  i 
Mr  I^prik^'pnnoiincn]  bt^jodii 

TlurwsnlFn  of  lbeTV<l  connni 
Fkijiie  tU<  mi:ht  in  BohoD'n  < 
brias  FVide  hadter  lo  We<aminf 
tight  ti  tW  cluck,  tad  to  detictr  1 


(•oodoIlV.  wi-inis  eA'  evntiiniit. 

To pnni<ii  him  »i:h  as  mu.h 

K"     r.iiiiiir  bifkiranl :  (Miier'  pilloty  in  divi-rs  1  Ifev  ■>  t 

i-tiumat  ,  L     -  '  iu  a  <lam:«>''ii  i  "  *'  "' 

tor  w-nie  lOtai-.r. !    ■  liiw.  "       Mt.  Priet.    AD  (hit  dar   in 

Mr.  Pi-'u-'/.  To  « hip  him,  eYce|«t  «iihin  '  I>ii-mhmdi  pui  into  (■or  han 
»:Ti.Tr.w.niti  i.!ivh^(«j  IlWP/,  Hoc.  '  oHirfii.     Nvny.Uiibv  the  ki 

S:r  F-,  t'vi-n.    No  whini^r^; :   Uit  fioe  '  h»irr-t"*.or  inva-er, 
iatbetd   .-f  ;1«|.  "   TtTO.r,   Uvaune  i»in   t.^jj       !v     jv.    »>-:«.-;».     The 
pndti.  I  diu^tpf  r>-i)»v-!cii.  in   some  ill! 

.W.!!;™  .7':*r  ITc-ii.  To  pte  patE-hmmi  Mr'juneut.  iir.>:e  than  anv  oti 
f>'«'(heb)ih«>«nBiiRfi}.  If  make  apnvedetii,  S.-t  n  ^iio  tbf  l<>nk.  aarpeb: 
Iri  nbrwilkKt-M -' — ■■  — No«l«enenKh  a  N,<  n.  il  n.  ■  ^i^nicBt  corei 
■rawoN,  V  *^aU  hiin  ifae  kins'*  rtiiUivT  '  To  pnv«ed  H  ■  .of  T|— gfa 
Tlmi^  bi*  M  _  ai-     J,;  -     "  ■       arm,   (Iftiiai 

■^  :r^,  ■      SL- F.i-T.  L er^      Tlac  pnfian 
■   >  I    Me-  j  i»  W  tW  hipfueo.  tku  *t«  "  • 
>«»-  I  N«k  J  '■  1  precrAt.     By  Mr. 


Ttat    »«    i  _ 

SMC  ^  kii^'f  )n- ,  jodrBMBi. 

Mr.  Ml  'h  J.    Ai ««  ken  few  to  wMd  iir  |  br  asv.  f 
*«»h**«,  *«  WTep(-wt(neMlMi»Uw  <i  wit  a^^ 

£VW SiriM^. e«n.  '  »i«  \v« Tcvwrfic  >   ■iiibii  ba> m 

Kt^  W^TMiiy.   IV  Hm  m  k  fti '  fcRT- 


SotKiue  JWnt 


r**"*«"*E*t«»J  tofa  «  (MMV    4a«.  j^M»Aw'^  T, 
Lawr:   »  bi  iTMcki  kaibcr  an*  »•     ««h  e^aw^axc.     T 


*ra>«Mc.  aV  takv  vMuir.      T'  » 


117]    STATE  TRIALS,  32  Cii  arles  II.  iG^O.-^PHvikge  of  ParUammt.       [118 


iDBiided  him  to  let  the  House  know  his  ca>-e 
about  Finyde.  Thanks  to  the  Houiie,  tor  their 
love  to  him,  and  bis  children.    That  the  kin>^ 
hath  given  order,  upon  Fluy  (Ps  petUion  to  his 
learned  counsel,  toezaiKJiieFlnyd.    That  the 
petition    was  deUver^d  by    Uichard   I'loyile, 
where  the  kini^  thought  it  had  been  Ed\iard 
Floyd  himself.     That  Floy<t  now  uxai tuned 
by  Mr.    Attorney  and  fMiUicitor  denictU    it. 
\Vill,  to  morrow,  gi\e  oHer,  to  have  (liis  ^xix- 
mined  by  the  Lonts,  upon  oath ;  and,  i\  ii  shall 
be  proved  there,  will  punish  it,  acc^rdiiiij;  lo 
our  desire ;  conceit  ir.g  ils  to  have  n«)  }M)wer  of 
an  oath.     That  for  ttie  iJi-ocedtMt  t  ii.  4.  the 
kmg  (whereto  Mr.  ^J^jeakfr  leplied)  wa.s  pre- 
pared to  have  given  au  answer ;  but  did  for- 
bear, in  respect  many  there  were  no  niemliers 
of  this  House. 
Mr.  Sii.ltcUor,    That  the  king,  as  soon  as 
:  whidi  made  the  king  and  Lortis,  in    Air.  Speaker  and  the  House  gone,  the  king 
MvtKttt  Mdnde  them  from  judgment  in  {  committed  the  e\*amiuatU»ii  t>f  ¥iu\  d  to  the 


ntii  poM  bere.  If  any  speak  against  this 
Hme  ikwd,  we  send  for  tiim.— No  ques- 
te,lM,  nfm  his  coufesswn,  we  might,  for 
Iht  MM  tftreaid,  punish  him  ;  aii«l  may 
4 kirn,  without  oath,  if  the  House  satistictl 

^  hOw.  Moore.  To  acknowledge  no  error 
■Mrjutoient,  nor  to  contest  with  the  king. 

Ufa  fneitiQii,  to  address  ourselrcs,  in  this 
OM^IikiB^jestv. 

M/KUttf  the  Wards.  Tliat  the  Speaker, 
wiAe  whole  House,  may  present  our  re- 
^tobnajesty.  So  Mr.  Wandesfbrd. 
-  ^Ktik.  Kteh.  Because  nothing  crosseth 
•V/ifaseni;  but  the  precedent  1  H.  4,  which 
■apnatreoDrdlbr  us,  made  in  that  pailia- 
■a^  wherrin  the  most  prodigious  fact  done, 
Ihtcf trill  pirKimcnt ;  which  this  House  then 


iili 


The  tact  was  upon  king  Ricliard 


A.Gn|f/r.  If  any  foreigner  offend,  just- 
ffi>f  aeoiber  ot*  this  House,  in  words,  we 
^"^^^^^  ind  punish  him. 

^J^Chtmbertfiyne.  Fearcth,  tliis  going 
{^■e  kaff  wiQ  procure  a  distaste  betiveen  tlie 
Mudus. 

Mr.ARpc  Well  resolved  to  go  to  the  king. 
Tifke  hisi  iidl  satisfaction  in  some  things. 
™*<ijtt|any  execution  of  our  judgment. 
£*y  ywies  made ;  if  any  man  of  the  House 
f*  wtei  Fio> d,  the  king  woukl  not  have 
Jy*  •faW:    Much    less    our  judgment. 

if**  with  die  king,  of  our  right.  To 
*y*'Wr»easoii8,  moving  us,  in  this  parti- 
JJj^J*^  to  proceed  as  we  have  dons  : 
^f^pienl ;  not  to  dlscbiim  our  right,  but 
*J*J*ieli  search  precedents. 
^^'^Seymor.  To  have  only  ten  or 
y*><tend  the  Speaker  to  the  king.  No 
*J*^  the  king.    To  search  precedents 


^^•Slnmde,    To  leave  it  to  the  king, 

Jj*^.^  whole  House,  or  a  select  number, 

•  SITl  ^  Spoker  to  the  king. 

'  ^  'Kneii  Fane.    Accordant. 

^  Atf.  Jtrmifn.    A  committee,  to  with- 

~  tkntelres  pieseiitly,  to   set  down  in 

?Pf  1  whit  shall  be  presented  to  the  king 

S'  ^  w.  Mounia^em.  Not  in  our  jfower  to 
^  wfaedier  the  whole  House,  or  fen-er, 
^^^totheldng.  To  leavethat  to  hun. 
rr^Kntuy,  Cbuicellor  £xche(]uerf  Master 
'"'WirdB,  pieaently  to  signify  XA  his  ma- 
^TlheMre  of  die  House. 
1^2*'^  t  <^  W^rdot  To  take  especial 
y^fltfhitt.  Rkshe's  motion,  to  answer  the 
||2'*^lH.4.  Neither  to  accuse,  or  ex- 
^Mdires:  To  shew  our  judgment  to 
g?j^  hastened  by  our  zeal.  To  de«re, 
J^  wH  deal  with  us,  as  a  fiither. 

May  4. 

^•flMrvfsry.   That  die  king  hadi  omb- 


attorney  and  him.  Floyd  denied  it.  That 
the  attorney  told  him,  he  had  denied  his  scan- 
dali^iii«4Wif  sir  Francis  Kvers,  till  he  showed 
him  his  hand-wriiintf ;  which  he  again  now 
absolutely  denied.  That  t!ie  kiiig,  upon  this 
denial j  the  more  desirous  to  |>uni:-li  him :  And 
therefore  leaveUi  it  lo  the  judgment  of  the 
House,  whether  to  insist  further  upon  their 
right,  of  judging  this  business  here,  m'  io  go  to 
the  Lords  in  diis,  as  we  have  done  in  all  other 
business  this  session. 

Sir  /.  FerrOi  t.  To  have  it  considtTet^  whe« 
ther  we  be  a  court  of  reconl,  aii(,l  ^vhcther  we 
liavo  not  power  to  give  an  oaili. 

Sir  W.  Strowde.  This  no  seasonable  motion 
now.  To  go  to  the  Lords.  That  cxauTination 
n  ill  be  long,  and  will  defer  his  puiiishment. 
To  go  about  that  now,  which  may  uest  aiU  ance 
the  i^ood  of  our  countries. 

Sir  Ho.  PhiUippe*.  In  our  judgment  as  much 
love  to  die  king,  and  his,  as  ever  from  any 
House  of  Commons ;  and  as  amch  duty,,  in 
desiring  the  execution,  as  ever  from  any.  To 
sit  down^  and  meddle  no  moi-e  in  this  business. 

Mr.  Afford.  This  House  never  so  shaken 
in  Judgement,  as  now.  Our  judgment  gene- 
rally known.  That  done  by  us,  in  one  case, 
for  the  king's  issue. 

Sir  D.  Diggt  concordat  with  sir  Robert  Phil- 
lippes. 

Sir  Tho.  Jennyn,  accordant.  If  any  could 
maintain  what  we  have  done,  would  never  sit 
down.  If  that  true,  which  we  have  heard 
here,  this  the  greatest  court  oi'  Eugbind,  and 
die  least  power. 

Sur  Wm.  Heriferte.  We  have  given  our 
judgment :  The  king  may  stay  the  execution : 
We  cannot  help  that. 

Mr.  Mallet.  Tliis  a  court ;  where  law,  and 
discretion.  The  b^t  discretion,  to  leave  this 
matter  now. 

Sir  Edio.  S^ckvyle.  While  Floid  iiotpii.i:sh<- 
ed^  we  ail  sufter.  No  kiss  of  privilege,  for  the 
Lords  do  concur  with  us  in  the  senteuce,  iici  to 
confirm  ours. 

Sir  Gtor.  Moor.  Thinkedi  yet,  they  gavit 


ft 


ibis  judgfiuent  iutU^  &s  well  as  Justum:  For    ment  shaH  be  ealered,  or  not.    So  mr  "Wm-^ 
done  upon  ^ood  reasoa.     An  oath  not  requis^ite    Speiicer.  ^ 

ill  all  oausi'S.     Tlie  matter  nut  obsouro,  but        ^Ir,  6»i^ta.    Tbat  tbc  earls  manbaU  ^^   it 

Iilaiu.     Not  loj^  tutlu*  Lords.    To  rvst  berv.    case,  upou  compiaiut  would  have  punidietf^^  i 
for   tbat   bis  maJe^t^    niay  btay  tbe  cxvcu-    \vt  (..\;iuiiDeuot  uponualh.     Kinm'eth  tk^^ 
tion.  liL-  nw  u  cast*.  ^-*^^ 

8ir^M--.  Ct"*::/.     "We  ilio  sinews  of  t lie  com-        Sir  i'.it*.    KVn.'ToWA.     Thai  the  judgl^^^^f 
niOxivL-alib.     To  refipirJ  our  K\aii\.  aud  tb»^    rii;l!ily  g-i\e:i  t\icaiiou  may  be  starred  bv         ^ 
liouourot'  iiiis  llxiu>e.  No:  lo  ^o  tu  the  Lord^,    ki.iu: :  So  hatti  S.oti.  ••!*  judgments  given  oj 
to  uiovfthcia  tu  patch  up  uiu-iaulis.  Lr>rds. 

Sir  Tho.  lii.u..  The  bLimiS  ol'  this  Hous^'        Xr  i.' .' ..  Cor^.     Jr.i.l:rr!^eut  DOttobe  BtaqT^ 
inuci)  sbaki'n  i;«iu.     Tiiinktth  oar  ju»'n;:iKiii     lor  G.vii  Sja!.  xr.  vri  where  felony  or       ^ 
ri^hiU  iT^c-u  and  ui:i\  stcui-!  upi>n  reeorxl  hort'.    »ou,  liie  Lixi^  may  sia\   the  proeeedinj^. 
»s  o.ir  i'Wuu.      rh'.i  liiiH  canuut  Tii'W  o-nio  ii^    judkrn:eii(  i::;^^!  tc:' '.be  kiuif:  Forhia 
iLi  l^trdss  «-ithtT  \Mth  us,  ur  ultlumt  u>:  Noi     Auy  man  k^jV  stJ^  hi>  own  suit.     Not  to  i, 
wiihus,  wLthiuit  uur  ili>hi:ra^'c  ;  lur  wit  hunt  us.     umi   the/ni.rincai.     £«*^ty   ntan«  though 
beoau>o  oaunoi  lake  ii<..:;iv  «.•!  huv  puldic  ajt'ii^^  -     sent,  ii^^ol^ttl  in  uiejud'juient ;  yea  ' 
raiuv  ^a<  I'.ils)  ^«iiuvut  compiaiut  turrcut'triim    u.oiii  lus,   ibouirb  he   ui' a  contrarr 
beiv.T.  C -UKori  jiic^rd,^!.     The  judgment  already 

Mr.  Trt.. surer.  Nut  move«l.  or  i mended,  we    ured.      The  km^  niav  ^tfay  the  execoti 
sh«iuM  i.iic carry  tliU  to  the  i>'nis, i<r OHisciit  t>    \« here  be  unly  )^rty.    In  ap{ieal, not  to  alaj i 
it;  bill  iCavetliit^  o.nir>e    tbei'irof  to  the  kuic*    in  iudii^iiucr/.  i.'the.-wise. 
and  s|)cak  m>  mure  ut' it.  ^  Sir  rha.  Ui.T::n.  First  to  rend  the  judgaiiL 

Mr.  .>ti'i^-ri.  uccoHam.  Mi.  Xi/i*j.\T.  WiUuot  ffoabout  to  di 

Njr  II.  W'.'trri^U'H.  Thinkeih  not,  bat  we  ,  them  trom  tiiis.    N^4  to  ilo  lit  thin^ 
b.ive|Ki\«ertou:i^i'  an  oath:  And,   tor  prece-  .  $i>r. J'<Iy.     Tiiat  this  question  grew  by  a 
dents ;  t.Mry  privevlcni  had  a  hi^inuiu^.  sa^re  trom  the  kiu^. 

Sir  H.  J  lV/c.  To  pi\Hreid  m  this  hy  \w'  of       Sir  Kdw.  Cuke,  Sir  Ro.  Phillippes,  Sir.  M«K 
bin.  '         :  Mt.   Alt-.*id.   sir  San?.  Sauds.  Master  of  IM 

S-r  ri.v.  CiUs.    Not   to  wave  our  riirhi.     Uands,  sir  Nath.  Rich,  sir  Edw.  CectIL,  fl» 

Til  ink*,  ih  iu  his  cmcience,  we  have  done  well,    senily  to  retire  into  the  committee  chaiwr, 

and  iiid;ci.iUy.     Ni>:  m  c**  >'^  ^i^  Iv^rds  in  this  ,  and  tu  set  down  iuuTiting,  the  jmb^ment.    . 

i*uui^se.     Tu  Iea\eii  to  tbckiii^,  and  ^vith  the  ,      Sir  KJiA.  Sti£kryl*\  Tlwt  all  our  prooeedia^ 

kiuj;.  may  be  entered  bcie,  and  ke|>t  as  Keconli. 

.\L:sttr ,yt' :f:e  W,.rJi.  S^>rrv.  we  dri^in  to 

thi-i  strait :  lUii  much  lUcti-^ii ;  Cauuo*.  jv  iock  j  ■ 

frumuurjud&rutem.     \^f  ha^c  appeuit^l  L*ii:e  I 

kinv: :  Cancono  hiirhcr.     To  v:o  no  limir.  |     TlieRcf^^n  iu  Grey's  Debates  of  the  ipiuhll 

Tu  ^  oQce  apiiii  to  tiK'  kiu^r.  and  lo  Ut  hiiu  '.  made  m  the  Ht'useot*(.'ommon<  in  the  pramH 

know,  what  n  c  ha^  c  dune,   bath   b.xa  i.u{  uf    of  the    IVoceediuo^  atf;;in>t  Tbompson  H  tf 

our  zeal  and  love  to  him.  aud  :u>  Ctuidr^'u.    Tu  -  fuUtw^j  : 

desire  him.  i'uct  aiTiiu.  to  do  ^«  Lib  i;».  as  a  la- i      ,-  •     n      _     •• -i.    ^         ».._- 

tber ;  and  uoi  to  put  u.  o.  cr  tu  the  b.rds.  but        ^  i*^;"  .^  ^    --  '•  ^'^  J}'^^""  '^   .^^,'^^  ^T??£ 
biin^lt'  to  end.  apivvru^d :.» .  \,i^)::k  uu  ivmplamt  agamst  hUB 

Sir&rt.  i»: ;  »■*.  Nouif  raUr  of  this  Hou>o  "  '  i  •  -  •■•  •. 
Ou^t  atur  a  qucsiA'C.  to  qi'.rMi-n  ttie  )vn-.ti- .  S.r  il^':<ii  Arjr\.':...'.\  1  wotild  not  wmk 
of  thi>  House.  Tb;^  ilu  j»;>Liii<iii  i:i\<.u  out  b::u  t**  Ki^u.  lo."  tV-ar  iliat  be  is  their  chap- 
of  a^tat  ic^\  and  \'*\f  m  it.s  mj;,«.>:\.  T^*  bviii  alrv-.i'l\.  biii  tuoui\lb>auish  him  to  Geneva; 
let  the  wurM  LiUtA*  r.«»  p  qiie  I>«.t»t.i:i  itic  kini:  for  he  sav*.  ••  Tmy  -re  wi.»r>e  than  thedinl 
aud  his  pt-iiplc.  N>  t  trr.>i.i\';i>.  iu*r  c.^^i.-j  a^  :  that  aiv  lVv^*Atii-i.ins."  Put  him  into  the  Ul 
iii.:.i:c.     A  o«r.rx  i»f ''cc-n!;    Thttivre  iua_\  ',  if  Iwuishaicr.i'it  tbc  \iapisis. 


f1\e  an  «.Ath.  Dtsude  !•  >«.ih  n."»  pnvilcirt..  j  S!r  Fr .:•:.*.*  il  ;Tii'.^-;t»n.  I  take  this  kh 
Ivw  K':ij:  lia^citir  L<<r.lsd..>::>Mlij  Ci^c  ju.!^.''  sIiuns  to  be  of  ^rent  iXHuxTiinient.  Whnl 
mcut>  in  (Mf^!an.rnt?  Tho  kiii^;.  .ls  be.ii:.  (>:«-  >  sptak  acaiust  such  m«n  as  ibese,  I  speak  1^ 
sent  lun,  .ii'u  iu  uli  liis  ri^v.:-*^.  ^i  e  puai>h  iLc  cburvb.  Turtx-  thrives  iliis  report  nua 
here  nbi:s>.^  t*  ibe  !it.:k;U>N  •.four  liouse.  ■  u|K>n.  First.  Uud  ai»d  uu^tudent  redectieasM 
yea.  t'Mluir  >4.n.im«:  n.Lcii  uv.to  to  tl'.e  tlu- kins;  ;  and  ii  is  our  c.uty  to  take  notice rf 
Lilly's  hji»»xl.     Ti  <.:,:vr    li.c    ;i,<iij-i:iii:t.     Let  i  >uch  lutu.  Next.  1  r.^«ir  beard  an v  manso COB* 


nuc  upvn  a  > « ji  ii.'.riHiciT::.      I'c.e**.  did  >%i«:ir.    ht.\a\\ — lie  u^.  roikvs  in    Jimi  out  ot  the  paM 
*^  Ij***^ •**■■»•  i>  - -ii^i  ir^v':l»|\,   h«.r\,   as     iiiiin^>v«*:i'j:  tbes«*  *iiH*in:ws,  aiM  this  inagniDBI 

*«r  IPfc*"'*'**'"''''"^  ''*'"^  a  Uvk.'  .  hisoiiti'vv.  iha[   i  uusik^nt  iu   imenalof  MT- 

%8r  FK-s.-ii^^- .    .r-,  ;...i   j;-  j-^  ..^  .,   f.^     L.,i,uiii.  i:i   ibe  KMut>s»  of  the  papists.     Itii 

inptua  to  t*A(.  ijUfc^vivu.  wLtihtr  iLe  jud^-  [  «»oriliy  jour  coorsideriUi.Hi  what  to  do  wJA 


STATE  TRIALS,  32  Charles  II.  l6S0.^Pnvilege  of  Parliament.      [122 

one  of  the  raosit  capital  cities  of  the  kinetlom  f 
His  punishment  cannot  be  too  great.  He  has 
not  only  delamed  the  king",  but  spoken  re- 
proachfully of  the  protestant  religion,  and  of 
queen  Elizabeth .  So  one  protestant  would  do 
it,  and  he  has  cast  the  plot  upon  the  protestants. 
Should  you  pass  but  a  light  censure  upon  this 
man,  he  would  laugh  at  you.  Thei-efore  1j« 
sura  that  in  your  vote  you  hit  upon  every 
thing  he  is  guilty  of.  Two  or  three  gentlemen 
may  withdraw,  and  word  the  question. 

Upon  proposing  the  Vote  against  him,  (see 
p.  7.  tup.) 

Sir  William  Jones.  You  have  made  a  just 
Vote,  but  if  you  do  no  more,  he  will  come  off 
too  lightly.  You  may  trust  him  now  with  this 
Vote  in  an^r  judicature ;  but  1  would  stop  the 
mouths  of  his  fellows,  and  in  the  face  of  all  lh« 
workl,  I  would  publish  the  evidence  against 
him,  and  let  tlie  cliurch-nien  see  what  sort  of 
sons  they  have.  Tlicy  who  think  liim  too  little 
fur  impeachment,  think  him  too  big  for  a  bill ; 
but,  to  preparo  the  Lonis  and  all  men  for  his 
sentence,  1  would  inmcach  him. 

Colonel  Titus.  No  man  thinks  that  this 
Tliompson  deserves  punishment,  and  a  severe 
one,  more  than  I  do,  but  I  am  at  a  stand  what 
that  shall  be.  You  are  mcived  for  '*  Banish- 
ment with  the  most  considerable  papists.**  I 
do  think  him  a  papist,  and  much  more  because 
he  calls  himself  a  Protestant.  1  do  remember 
several  persons  you  have  impoachetl,  an  earl 
into  a  duke  [Laudeniale,]  and  an  earl,  almost 
into  a  marquis  [Halifax.  He  was  funm  after 
so  created.]  And  some  into  being  public  mi- 
nisters, llie  effects  have  been  like  thunder 
uiion  mushrooms ;  it  i\(ws  but  make  them  grow, 
not  blast  them.*  Dr.  Muinwaring  was  inqieach- 
ed  by  the  Commons,  and  was  brought  to  the 
bar  *on  his  knc^es  in  tlu^  Lords  House,  and 
he  there  recantcrd  what  he  hud  writttMi  and 
preaclied.  He  was  Dr.  Main  waring  f  More 
you  impeached  him,  and  was  lonl  l»isliop  o£ 


ID.     I  have  heard  of  a  precedent  of  sen- 
I  such  a  peison  to  ride  through  the  city 
m  face  to  the  horBe*s  tail.     If  you  bonisli 
:  is  tlie  %ay  to  make   him  a  cardinal ; 
ompan^  asyou  intend  in  your  bill  is  pre- 
it  to  him  :  oome  men  we  see  will  strug- 
rd   to   keep  the  protestants  from  being 
,  and  1  must  believe  that,  at  the  bottom, 
ore  popery  better  than  the  protestant  re- 
»  e  may  raise  a  dispute  amongst  the 
;  though  tlie  man  seem  too  Uttle  to  hn- 
<  yet  his  crimes  arc  great  enou]^  for  the 
hus  of  England  to  charge  him  upon; 
I  the  bishnps  see  what  kind  of  cattle  these 
SI  scandalixe  the  church.    Therefore  I 
I  Rsolve  upon  some  questions,  viz.  '^  ^JTliat 
I  bnpndentlv  scandalized  his  majesty  and 
sicstaiit  religion  ;"  and  when  you  have 
oe  to  the  vote  upon  him,  the  best  way  is 
ke  him  exemplaiy.     1  was  thinking  of  a 
hill,  to  pot  a  character  of  disability  upon 
for  really  there  are  such  a  multitude  of 
e  IB  tlie  plot  (and  that  borders  upon  it)  that 
isoot  well    impeach  him.     Such  sort  of 
CIS  these  absolutely  endeavour  to  destroy 
Uctrine  ol'   the  church,  and  to  bring  in 
tt,  and  such  as  tliose  tliat  foment  dis- 
iH  amooffst  protestants. 
mot   Maynard.    This  Thompson  is  as 
piT  a  man  as  can  be  ;  he  has  scandalizcMl 
Hs^  fallen  upon  the  dead,  that  most  exceU 
pineess  queen  Elizabeth,  and  scandalised 
piMuiants  in  the  pulpit,  Ixsides  prosecuting 
I  fir  not  coming  to  church  when  the  church 
nvere  shut.     I  wish  you  coidd  punish  him 
«  ^te^tny^.     I  think '  he  that  scandalized 
y*n  of   Doheiiiia  had  sentence,  by  im- 
■BBnt,  to  ride  with  his  face  to  the  horse's 
^*  ta  I  nfiuld  not  send  him  bc*yond  sea, 
'Jot  ks  will  he  favoured.     I  would  fain 
tMv  tftf  fathers  of  our  church  will  look 

•  4b  man.  1  wonder  that  he  has  been 
fc*lhithe  church  so  long.  I  would  im- 
Ms  kim  to  the  I^inls,  and  then  sec  whether 
■iMV  mend  their  judgment  against  liiui,  in 
■i  Wbirh  will  be  iinich  more  terrible. 

•  Wtf.  Lff.  It  is  necessar}'  that  you  take 
■J  •!*  this  matter.  Tliis  spirituni  sword, 
■■tjbiy  all  compbin  of,  docs  the  mischief, 
■e  hdhip  of  the  proper  diocese  had  done  his 
^1  he  had  savcil  you  this  labour.  Therefore 
■■ii  Mss  a  vote,  "  That  lie  is  a  scandal  to 
**■  nioclioii,  and  that  he  has  dishonourtnl 
tmm :"  ud  add  what  you  will  else  to  it. 

K    The  great  tendency  of  the  evi- 

**  That  he  defamed  and  cried  down 

Pray  put  that  in  its  proper 

'  Hfsi.    When  one  considers  what  mon- 

are  against  our  liberties,  and 

govemmeDt  both  of  church  and 

I  are  a  sort  of  protestants,  who 

k  ^.the  profession  of  the  j>rotcstant 

;1»  ayare  the  protestant  religion .    And 

I'thH  Hr.    Thompson  do  this,  but  in 

*  See  Fbyde's  Case, 


*  The  like  happened  here.   See  the  note  at 
the  beginning  of  tiiis  case,  p.  1 . 

fHee  his  "Case,  vol.3,  p.  335,  of  this  Col- 
lection, where  it  may  be  noticiHl  that  one  part 
of  the  judgment  prunouncril  against  him  was, 
"  That  h(^  should  be  for  evi-r  disalileil  to  have 
any  ecclesiastical  dignity,  or  s<H'uiar  office.** 
On  the  18tli  of  April,  1(340,  in  the  ucvt  parlia- 
ment that  met  after  iliis  transactiou,  the  l^nls 
took  up  this  ImsincKs  again  ;  and,  huvini;  n;ad 
the  declaration  of  the  (aiiuuioiis  against  the 
now  bishop  of  St.  i>avid*s,  and  the  M.'iitciict'  <»f 
the  Lords,  they  ri'ter  the  whole  to  their  C'om- 
niittee  of  l^ivilegtN,  withlc:iveto  the  bishop 
to  allege  any  thing  before  the  said  Coiniuiltee^ 
on  his  part,  either  by  pardon,  licence,  or  otlier- 
wise.     On  the  1\sx  of^  April,  they  order  the  re- 
cords to  be  brought,  that  the  House  may  de- 
termine this  cause.     Hut  on  the  S8th  of  April, 
the  king  sends  a  message  by  the  fjonl  K»'p«n-, 
**  That  nis  majesty,  understanding  tlK-ro  w\\% 
some  question  conccrnixig   Dr.  Mainwariug, 


123] 


STATE  TRIALS,  32  Charles  H.  l^SC-^-Cur  oj  Jame$  Stetie.         (i  24 


St  David's  after.  Some  have  moved,  "  That 
this  Thompson  should  ride  with  hisfaiceto  the 
horse's  tail  ;"  but  that  would  be  something  se- 
vere to  one  of  his  coat ;  but  seeing  he  has  for- 
got his  coat  all  his  life,  the  Commons  may  for- 
get it  for  one  day.  I  would  impeach  him,  that 
the  bishops  may  see  what  thdr  sons  have  done: 
*  Hsec  est  doctrina  hiii  vestri.'  They  have  so 
countenanced  this  doctrine,  and  have  been  so 

now  bishop  of  St.  David's,  had  given  command 
that  the  said  Dr.  Mainwaring  shall  not  come 
and  sit  in  parliament,  nor^send  any  proxy  to 
the  pariiameiit."  Thereupon,  it  was  oniered 
to  be  enter€>d  so.  Lords  Journal.  *'  I  do  not 
recollect,"  says  Mr.  Hatscll,  "  to  have  seen 
this  last  very  extraordinary  (and  illegal)  exer- 
cise of  the  kmg's  authority  taken  notice  of  in 
any  history."  See  further.  Commons  Journal, 
the  '^Sd  of  Feb.  1640.^See,  too,  Sheridan's 
Case,  A.  D.  1680,  1681. 


far  from  ponishing  him,  that  they  have  pie- 
fenred  him ;  and  therefore  they  are  thougll 
by  ill  people,  great  finrom«n  of  this  lam. 
Thereibre  1  wmild  impeach  him  befote  tk 
Lords. 

Sir  W.  Janet,  I  cannot  teU  when  fait  b- 
peachment  will  have  an  end,  wfaeliicr  evcrK' 
no;  therefore  I  would  publisli  wliat  iiagaiHl 
him,  as  a  warning  to  other  church-men,  auAfa 
justification  of  yourselves. 

Sir  J^.  Winnington,  I  kwk  apoB  Ais  dwfi 
against  Thompson  as  a  national  huaoem,  til 
to  be  part  of  the  plot ;  and  such  thingt  mfbm 
are  fit  to  be  known  to  the  world,  that  they  nnf 
see  what  is  libelled  upon  the  king. 

Mr.  Harbord,  Some  of  the  devgy  art  rt 
afraid  that  we  should  unite,  that  they  are  thnrtf 
papists  themselves ;  and  as  ibr  the  churdl  it 
£ngland  that  ha^-e  endeavoured  to  aiqpene  tK 
let  the  worid  see  what  sort  of  cattle  they  hm 
up. 


273.  Case  of  James  Skene,  for  treasonable  Opinions  and  Decla- 
rations:* 32  Charles  II.  a.  d.  1680.  [Arnots  Collectioa 
and  Abridgement  of  celebrated  Criminal  Trials  in  Scotland] 


The  prisoner,  who  was  brother  to  the  laird 
of  Skene,  was  prosecuted  at  the  instance  of  his 
msyesty^s  advocate,!  for  high  treason.  He  wus 
charged  in  the  indictment  with  being  accessary 
to  the  rebellion  headed  by  Balfour  of  Kinloch, 
and  Hackftton  of  Rathillct,  at  Air's  Moss  and 
Bothwellbridge ;  with  having  maintained  the 
lawfulness  of  that  rebellion,  even  in  presence  of 
the  duke  of  York,  and  of  the  lords  of  privy 
coimcil,  and  those  of  justiciary ;  with  having 
jiistitied  tlic  excommunication  of  the  lung,  and 
having  maintained  it  was  lawful  to  kill  him,  &c. 

The  proof  ailduccd  a^inst  the  prisoner  was 
his  own  confession,  emitted  before  the  duke  of 
York  and  privy  council  on  the  13th  November 
1680,  of  wliicb  the  tenor  follows : 

He  said,  he  did  not  know  who  were  rebels, 
but  denied  that  he  was  present  at  the  battles  ol' 
Bothweiii)ridge  and  of  ^Vir's  Moss.  He  thought 
the  persons  engaged  in  those  insurrections  were 
not  rebels,  for  they  were  in  defence  of  God's 
cause.  He  was  not  at  the  Torviood  conventicle 
when  the  king  h'bs  excommunicated,  nor  did  he 
know  who  contrived  it,  but  he  thought  the  rea- 
sons of  the  excommimication  just.  He  acknow- 

*    Records  of  Justiciary,  Nov.  22,  1680. 
t  Fountainhall  merely  makes  mention  of  this 
Case  with  that  of  t\io  other  persons,  thus: 

"  kf  ^^'"**''  '"^^^  ^^^^'  James  Skeen  condemned 
to  be  hanged  for  disowning  the  king  ;  and  on 
™  a9th  of  November  thereafter  Potter  and 
^ftewart  are  condemned  for  the  same."  Deci- 
«««»•  vol.  1,  p.  117. 


■ 

lodged  the  burning  the  acts  of  pariiameoty  bfc 
cause  they  were  against  the  Covenant;  api 
would  not  admit  the  authority  of  tlic  long  or' 
parliament  in  things  that  were  against  the  Co- 
venant. He  did  not  know  if  any  new  insume* 
tion  was  plotted ;  but  he  believed  that  God'k 
people  were  always  ready  to  take  arms  in  4e« 
fence  of  themselves  and  oif  tlie  gospel ;  that  be 
was  one  of  God's  people,  and  iiad  resolved  ti 
give  a  testimony  for  the  cause. — He  thovgbt 
tne  killing  of  tuc  archbishop  of  St.  Andrnm 
\s9&  not  murder ;  That  there  is  a  declared  ww 
between  those  who  sene  tlie  Lord,  and  tfaoift 
who  serve  the  king  against  the  Covenant ;  anfl 
that  it  IS  lawful  to  kill  such  in  defence  (xf  ths 
gospel ;  That  the  king  being  excouunnnicatedp 
and  there  being  now  a  lawful  declared  wtr 
against  him  on  account  of  the  breach  of  the  (co- 
venant, it  is  lawfid  to  kill  him,  and  all  those  wbt 
are  in  opposition  to  the  Covenant. 

He  renewed  his  confession  before  the  Cout 
and  Jury.  He  was  desired  to  deliberate  bcAn 
he  should  sign  it :  He  answered,  he  had  re- 
solved to  sign  it ;  he  tliou^ht  it  his  honour  to 
do  so ;  and  he  did  it  accordmgly. 

The  Jury  unanimously  found  the  priaooer 
*<  guilty  of  the  treasonable  crimes  and  expres- 
sions mentioned  in  his  dittay,  and  that  by  bit 
own  confession.*'  The  Court  sentenced  hun^to 
be  taken  to  the  Cross  of  Edinburgh  on  the  S4th. 
of  November  instant,  to  be  hanged  on  a  gibbeft 
till  he  be  dead,  his  hoid  to  be  separated  frcun  }m 
body,  and  fixed  on  the  Netherbow,  ami  his  whofe 
estate,  real  and  personal,  to  be  forfeited. 


STATE  TRIALS,  33  Cuaklbs  II.  iGBOj^Can  of  John  Niven. 


[126 


Case  of  John  Niven,  Captain  of  the  Ship  Fortune  of  London, 
for  Leasing-making  against  James  Duke  of  Albany  and  York: 
3S  Charles  II.  a.d.  1680.  [Arnot's  Collection  and  Abridge- 
ment of  celebrated  Criminal  Trials  in  Scotland.] 


B  pritoner  was  aerred  with  a  criminal  in- 
CBt  at  the  histance  of  his  majesty's  ad- 
e,  teCtin^  forth,  that,  by  the  statutory 
ud  the  practice  of  this  realm,  Leasing- 
Mgt  the  engendering  of  discord  between 
■g  and  his  people,  and  the  uttering  slan- 
ttipeechesto  the  disturbance  of  govem- 
,tte  crinMs  of  a  capital  nature,  yet  the 
Mr  had  been  guilty  or  them  \  by  railing 
a  the  duke  of  Albany  and  Yoik,  the 
I  brother ;  by  charging  him  with  being  in 
to  take  the  King's  life;  with  combining 
ibe  French  king  to  invade  England ;  and 
Doming  to  Scotund  on  purpose  to  make  a 
to  introduce  Popery.— Friyolous  objec- 
to  the  relevancy  of  the  indictment  were 
'  for  the  prisoner,  and  repdled  by  the 

Ham  Eccles,  writor  in  Edinborgh,  de- 
;  that«  being  in  Dvsart  on  the  day  libelled 
■pany  with  the  prisoner,  and  some  others, 
inner  inquired  at  the  deponent,  and  the 
r  the  company,  what  stile  of  reception 
doe  of  YoiiE  had  met  in  Scotland?  To  this 
Moent  answered,  <  he  had  been  received 
fag  to  his  great  quality  and  merit,  and 
a  fine  Prince;*  and  the  prisoner 


Rccenbof  Justiciary,  July  15th,  1680. 
kiwry  nninst  accmint  of  this  Trial  is  given 
ii  Fsanteinhall,  in  his  Decisions,  vol.  l.  p. 
The  prisoner  indisjiutably  fell  within  the 
■ioil  statutes  agaust  I^easing-making, 
loe  seems  no  doubt  of  his  having  be^ 
raf  the  fact.  Fonntainhall  is  deemed  a 
r  sf  amhority.  He' was  upon  the  side  of 
ui  Gbaty ;  out  any  one  who  is  conversant 
'^uis  of  that  period,  and  who  compares 
of  his  knowledge  with  the  cases  in 
.  must  be  sensible  of  the  extreme 
fity  of  that  writer ;  a  propensity  which, 
M  sneh  as  those,  it  was  very  difficult  to 
.— Hia  partialitT  is  the  less  surprising,  as 
not  to  have  been  untinged  widi 
B ;  and  those  who  have  occasion  to 
!  hilt  Journals  with  the  original  records 
r,  wOl  we  little  reason  to  compli- 


Ml  Dpon  his  accuracy. 
•MmbmU's  account  is  as  follows : 

g.  July  16,  1680. Niven,  the 
dap,  was  pannelled  for  using  some 
BBoa  against  the  duke  of  York,  viz. 
ron  the  Popish  pfotof  taking  away 
^fife,  and  oveftuming  our  religion 
nnnt ;  and  that  he  was  to  consent 
iamg  over  tha  French  king  with  an 
•firi&n  ;  and  that  he  had  come  him- 
to  make  a  popish  faction  there. 
lId  cnpa,  waA^  with  some  qua- 


replied,  there  was  not  one  of  ten  thousand  in 
England  who  would  say  so.  He  added,  tliat 
the  duke  of  York  was  in  a  plot  to  take  the 
king's  life,  and  had  combined  witli  the  French 
king  to  invade  England ;  but  the  deponent  can- 
not say  whether  the  prisoner  expressed  thes« 
words  as  his  own  opinion,  or  that  of  the  people 
of  England.  The  prisoner  at  the  same  time 
said,  no  man  had  a  greater  regani  tlian  him 
for  the  duke ;  that,  under  his  royal  highness's 
conduct,  he  had  lost  part  of  his  blood  in  hia 
majesty's  cause ;  and  that  he  would  be  ready 
to  hazard  his  life  in  the  duke's  service. 

The  prisoner  objected  to  Williain  Tarbett,  a 
waiter,  being  received  is  a  witness ;  but  hia 
objections  were  repelled.  Tarbett  deposed, 
that  he  was  accidentaUy  in  Burntisland,  m  the 
house  of  captain  Seaton,  where  he  fell  in  com- 
{mny  with  the  prisoner,  and  two  EngUshmen,  a 
shipmaster  ana  his  mate,  and  frc(|uent]y  over- 
heard discourses  lietween  them  relating  to  go- 
vernment ;  aii<l  heard  the  prisoner  say,  mat 
the  duke  had  come  into  Scotland  to  make  a 
party  tor  introducing  popery,  <  but  our  good 
old  English  hearts  woiud  not  suffer  that.' 

Michael  Seaton,  against  whom  also  the  pri» 
soner  urged  objections  which  were  over-ruled, 

lifications  ;  yet  he  was  conveencd  on  the  acts 
of  parliament  against  leasing- makers  betwixt 
the  king  and  his  people,  though  it  was  objected 
these  acts  did  not  meet  this  case,  he  neither 
having  lied  to  the  king  of  his  people,  nor  to  the 
people  of  their  king ;  and  at  the  most,  it  was 
but  tcandalum  magnatum^  and  in  England  such 
a  process  would  he  laughed  at.  Yet  his  de- 
fences were  all  repelled  and  the  dittay  found 
relevant,  and  the  ubd  sustained,  and  admitted 
to  probation,  and  he  put  to  an  assize,  whereof 
7  cleansed  him,  and  7  found  him  guilty  ;  and 
the  balance  thus  standing  e^ual,  provost  Binny, 
chancellor  of  the  assize  found  him  guihy ; 
albeit  the  dittay  in  it*telf  was  neither  relevant 
to  infer  the  pain  of  death,  nor  was  it  proven 
against  him ;  but  this  was  done  to  fright  Kng« 
land  and  gratify  his  royal  highness.  But  tho 
moderation  of  lex  imic.  Cod.  si  quis  imiierat* 
maledix  is  more  commendable,  and  such  a 
practice  should  not  be  standing  on  record.— -It 
IS  true  he  deserved  a  severe  punishment,  but 
law  cannot  stretch  it  to  death.  The  pronounc- 
ing of  sentence  was  delayed  till  the  4th  of  Au- 
crust,  on  which  day  thev  ordained  him  to  h% 
hangfcd  on  the  18th  of  Aui^fiist  theroaltor :  Bui 
the  judges  knew  the  king,  by  tlic  duke  of  York's 
mediation,  was  sending  a  remission,  at  lea*(i 
a  letter  converting  the  sentonor  to  hutiishmonty 
and  confiscating  liis  ship  and  all  his  goods,  but 
preferring  his  credltori  therein  to  tlic  link. 


127] 


STATE  TRIALS,  32  Charles  II.  1680.^- 


«  ^sinH 


deposed,  that  in  his  own  house  in  Burntisland, 
upon  a  Sunday  in  April  last,  he  was  sent  for  into 
the  room  where  the  prisoner,  two  £n|gr|iBh  sea- 
men, and  Wiitiam  Tarbett  were  drinking.  He 
heard  Niven  and  the  other  Englishman  sj[>eak- 
ing  extravagant  commonwealth  languiupe,  and 
particularly  concerning  the  duke  of  York. 
He  could  not  be  positive  tliat  the  words  were 
those  charged  in  the  indictment,  viz.  that  he 
had  come  to  make  a  par^  to  introduce  popery, 
but  tliinks  they  were  to  that  purpose. 


The  Jury,  by  a  plurality  of  Toioea,  ion 
prisoner  cruilty  of  leasing  making  agaim 

On  the  4th  of  August,  the  ooort  sent 
the  prisoner  to  be  handed  at  the  cross  of 
burgh  on  the  18th;  but,  on  the  6th  o 
month,  the  oourt,  in  consequence  of  an  i 

E council,  proceeding  ufion  a  letter  fire 
suspended  the  execotioD  till  his  m% 
r  pleasure  shoukl  be  declared ;  and 
not  appear  that  the  Sentmoe.erer  was  en 


275.  Proceedings  in  Parliament  against  Edward  Seymour,  < 
a  Member  of  the  House  of  Commons  and  Treasurer  of 
Navy,  upon  an  Impeachment  of  High  Crimes,  Misdemeai 
and  Offences:  32  Charles  il.  a.d.  1680.    [Journals  of 
Houses;  8  Grey's  Debates,  35  ;  4  Cobb.  Pari.  Hist.  1222 


House  of  Commons.    Nov,  19,  1680. 

Mr.  Vemon.  "  I  HAVE  Artides  of  Accusa- 
tion of  crimes  of  a  higli  nature  against  Mr.  iSey- 
niour.  I  think  he  is  not  here.  I  shall  under- 
take to  prove  them.  I  move  that  he  may  he 
here  to-morrow  morning'  to  answer,  and  his 
charge  will  be  brought  in.  To  charge  him, 
and  not  present,  1  know  not  the  method  of  par- 
liament, but  we  have  Articles  ready. 

Mr.  Pilkington.  T  desire  he  may  be  here  to- 
morrow to  answer  his  charge. 

Orderwl,  Thai  Kdward  feteyTnoiir,  esq.,  do 
attend  tlie  ser\'icc  of  this  House,  in  his  place, 
to-morrow  morning. 

November  20. 

SSr  Gilbert  Gcrrard  acquaints  the  Honse, 
That  he  had  Artides  of  Impeachment  of  High 
Crimes,  Misdemeanors,  and  Offences,  against 
Edward  Seymour  esq.,  one  of  his  majesty's 
most  honourable  Privy  ClJounril,  Treasurer  of 
tlie  Na\  y,  and  a  member  of  this  House  ;  and 
then  procetnlwl  as  follows : 

Whenever  such  Articl«\s  arc  bronjjht  to  my 
hands,  and  I  am  satisfieil  with  the  proof  of 
them,  J  take  it  to  be  my  duty  to  exhibit  them. 
1  shall  only  say,  1  have  knoCvn  this  ger.tlemun 
a  long  whde ;  ms  fortune  %vas  raised  iu  this 
House,  and  how  he  comes  now  under  suspi- 
cion of  these  Articles,  he  can  best  answer. 
This  srentleman  (if  what  fame  says  is  true)  has 
hiboured  with  industry  to  prorogue  or  dissolve 
this  parliament,  which  all  think  will  ruin  the 
kincT,  religion,  and  all  we  have.  I  make  this 
U!seofit,  that  the  king  kno-.vs  whether  S<*y- 


mour  has  attempted  this,  or  not.  I  ho| 
will  think  that  none  guilty  of  snch  crime 
fear  a  parliament.  One  tilling  more ;  wit] 
impenousness  did  he  put  the  Commons  h 
tempt,  and  did  talk  of  *<  Wind-gfunsT* 
lieve  you  will  find  matter  against  him,  ti 
him  to  the  Tower. 

Air.  Seymour.  In  order  to  methods  of  ] 
ment,  the  reading  of  the  Articles  must  ha 
motion  seconded,  and  I  do  second  it,  th 
Articles  may  be  read. 

The  Articles  were  then  read,  and  i 
ibUows : 

Articles  of  Impeachment  of  High  C 
Misdemeanors,  ^id  Offences,  a^ins 
WARD  Seymour,  csc^.,  one  of  his  ma 
most  honourable  Pnvy  Council,  Tre 
of  his  majesty  \  Navy,  and  one  of  the 
l)ers  of  the  House  of  Commons  now  I 
hameut  assembled. 

"  1.  That,  %vhereasthe  sum  of  504,97 
Qd,  was  raise<l  by  an  act  of  parliament,  1 
s|K?edy  building  of  30  ships  of  war,  andtl 
appropriated  to  the  said  use,  by  whicli 
was  particularly  <lirectc^,  '*  That  tlic  tre 
of  the  na^-y  should  keep  all  monies  paid  t 
by  virtue*  <»f  tlu*  said  act,  distinct  and 
from  all  other  nicmies,  and  should  issn 
]iay  the  same  by  warrant  of  the  princips 
cers  and  commissioners  of  the  nar\',  c 
three  or  mon*  of  them  ;"  and  mentlonii 
expressing,  "  That  it  is  for  the  buildin 
cruns,  riorging,  and  other  furnishing  of  tl 
,  tliirty  ships  of  war,  and  to  no  other  use. 


*  This  Mr.  Seymour,  who  succeeded  to  a  l>a- 

roiietcy  upon  the  <ltath  of  his  father  in  168H, 

aiul  is  perhaps  more  known  by  the  appellation 

ot   Sir  Edward  Seynioiu-,    hu^l    l)een  thirteen 

yewrs  before  this  tinn»   vt-rv  active  in  the  ppo- 

asecution  of  k)rd  ClaivndoM  [Sec  the  proceedinirs 

«kS:;aiiwt  the  eari  of  CUmidon,  vol.  r>,p.  317,  of 

tl»js  CoUectiou     4  Cobb,   Purl.  Hibt.  470  et  I 

4-  I 


S(H\.  and  the  Continuation  of  lonl  Clare 
LittO.  It  is  obser\  able  that  Artingtuu  [J; 
Casi%  at*te,  \ol.  G,  p.  103;J]  Si^vmour  ai 
\xtn\e  [Set?  ih«'  Cases  of  the  earl  of  Daul 
of  the  duke  of  Lee<Ls,  inf'ru'\  who  had  a 
liiost  eager  and  mosi;  bitter  in  the  attack 
Ciai-eJidon,  all  in  their  tiuns  became  the  i 
of  siuiiiar  attack^',    lu  the  Coutinuatioa 


I         STATE  TRIALS,  32  Charles  IL  iGSO.-^Edufard  Srymovr,  esq.       fiSO 


rposc  whatioeTer  ;*'  ho,  the  said  Edwnrd 
mjut,  oq  or  about  the  yc&r  1677,  beings 
treanuvr  of  tb«  Da%'y,  did,  oontrnry  to  the 
iTt,  and  coDtnry  to  the  duly  of  his  said 
I  knd  the  sum  of  90,000/.  at  \i  per  cent. 

itlonl  Chrendon,  coutains  a  passa^  M'liich 
ther  uninteresting  in  itttell',  nor  uncouuected 
diis  ofacervaticn : 

Before  the  meeting  ni  tlie  parliament, 
lit  was  well  known  that  the  fMiiubination 
stored  into  by  the  lord  ArUng^on  and  tdr 
MB  Coirentry  against  the  chancellor,  seve- 
RinberB  of  the  House  infonued  him  of 
itbey  did  and  what  they  said,  and  told  him, 
K  tlierv  waia  but  oue  way  to  oreveut  the 
ndioe  intended  tov.ards  hini,  uhich  was  by 
01^  first  upon  them  ;  which  they  would 
le  tif  be  done,  if  he  would  assist  them 
I  such  irtfonnation  as  it  could  not  b= it  be  in 
power  to  do.  That  he  never  said  or  did  any 
g  in  the  most  secret  council,  where  they 
■ere  a!  vaya  pivscnt,  and  where  there 
e  firqent  'occasionsof  mentionioGf  the 
9eedin2S  of  both  Houses,  and  the  be- 
isvof  s^^veral  mcnibcra  in  both,  but  those 
ienen  declared  the  same,  and  all  that  he 
Ivdi-l,  to  those  who  would  be  mostof- 
U  and  ioceiAsed  by  it,  and  who  were  like  in 
eesDJuncture  to  be  able  to  do  him  most 
chief:  And  by  those  ill  arts  they  had  ir- 
nalf' d  ii*aay  pci'sons  to  him.  And  that  if 
roci'i  now,  \ritiiout  its  bcin;^  possible  to  be 
»  BQCioe  of.  }f:ve  them  sucii  inibnuation 
U^ht  into  the  iirocecdin^  of  tliuse  g'en- 
ken.  thev  would  undenJce  to  diven  the 
«tbit  threatened  him.  and  caase  it  to  fall 
KikK  others.'  And  thii»  was  with  much 
HteM  pressed  to  him,  not  only  before  the 
lav  tf  ine  uarliamcitt,  and  when  he  was 
'Mmed  or  the  ill  arts  and  ucg-entlemanly 
(iee  iboae  two  persons  were  cugaj^ed  in  to 
Si  burt,  hut  after  thf  Houa»e  of  Commons 
BCeaMd  ai^nst  him  ;  witli  a  full  assur- 
**  that  they  were  uiuch  inclined  to  have 
t4  the  other  two,  if  tlie  least  occasion  was 
far  it.' 

lot  the  chancellor  wunM  not  be  prevailed 
sayinsr,  *  That  uo  provocation  or  exam - 
dioidd  dispose  bim  t>)  do  auy  tiling  that 
id  not  become  him :  That  they  were  both 
y  eounisellors.  and  trusted  by  thf  king  in 
MMl  weis^ty  aflaiis  ;  and  if  he  discerned 
tkiny  aiuiu  in  them,  he  could  inform  the 
f  flf  It.     But  the  aspersing  or  accusing 
B  ■Dv  where  else  was  nut  his  part  to  do, 
Miri  it  be  done  by  any  without  some  re- 
in upon  the  kin'/ami  duke,  who  wotdd  be 
il  Mended  at  it :  And  tliertforc  lie  ad- 
Mhbi  in  no  degree  to  make  any  ««uc}i  ut- 
S>— hii  behalf;  but  to  Icrat  e  him  to  the 
iflf  bis  own  innocence  and  of  God's 
Mue,  and  those  ^r^utlemen  to  their 
p  which  at  some  tune  would  humble 
Aad  il  is  known  to  many  periions,  and 
» Ac  king  himself,  for  whose  service 
An  WW  pcrfonaed,  (hat  gpe  or  both 


parcel  of  the  said  sum,  raised  by  the  said  act, 
being  tlien  in  his  hand:.,  for  anil  tonards  the 
support  and  continuance  of  the  army  then  rais- 
ed, afWr  such  time  as,  by  an  act  of  parliament, 
the  said  army  ought  to  have  been  disbanded ; 

tho«;e  persons  had  before  that  time  been  im- 
jieached,  if  the  chan<*ellur's  sole  indu>try  and 
inteieut  had  not  diverted  and  prevented  it.'  " 

8e(f  also  lonl  Carnarvon's  Speech  cited  in  tlie 
case  of  lord  Danby,  irt/'rti. 

Burnet  says  of  him :  *  «*  The  ablest  man  of  his 
par^  was  8eymour,who  was  the  first  Speakers^' 
the  Uousc  oi  Ooumions  that  was  nut  bred  to  the 
law.  He  was  a  man  of  ((rcat  birth,  being  the  elder 
branch  of  tlie  Seymour  family ;  and  was  a  grace- 
ful man,  bold  ami  quick.  But  he  had  a  sort  of  a 
pride  so  |>ecidiarto  himself,  that  I  never  saw  any 
thing  like  il .  He  had  neither  sluune  nor  decency 
with  it.  He  was  violent  against  the  court,  till 
he  forced  himself  into  good  posts.  He  was  the 
most  assuming  8i)eaker  that  ever  sale  in  the 
chair.  He  knew  the  House,  and  every  man  in 
it  so  well,  that  by  looking  atiout  he  could  tell 
the  fato  of  auy  question.  So,  if  any  thing  was 
put,  ^vlic?n  the  court  party  was  not  well  gamereil 
'  together,  he  would*  have  held  the  House  from 
doing  any  thing,  by  a  wilful  mistakin;^  or  mis- 
stating tfio  question.  Hy  that  he  gave  time 
to  those,  who  Tvere  appointed  for  tliat  mercenary 
work,  to  go  about  and  gather  in  all  their  party. 
^Ind  he  ivould  discern  wlien  they  had  got  tnc 
majority.  And  then  he  would  very  fainy  state 
the  question,  when  he  saw  he  was  sure  to 
carry  it." 

Ailcrwaitls,  speal;ing  of  the  parliament  which 
met  on  Mai-ch  6,  1679,  he  says :  "  Seymour 
had  in  the  last  session  struck  in  i\  ith  sucn  heat 
against  Popery  that  he  was  become  popular 
upon  it :  so  he  mannged  the  matter  in  this  new 
parliament  that  th(»u£;h  the  Court  named  Meres 
yet  he  was  chosen  Sjieaker."  This  heat  of  his 
against  Popery  was  probably  one  cause  of  the 
king's  rejection  of  him  as  8j>eaker  (Sue  the  ac- 
count of  the  proce;.HUng:s  thereupon  given  in  4 
Cohb.  l^rl.  Hist.  109V  et  seq.)  but  sutecqueutly 
Ut  tliat  occurrence  he  had  strenuously  opposed 
the  bill  of  exclusion,  which  probably  was  one 
cause  of  the  hostility  of  the  Commons  ai^ainst 
him  on  the  occasion  before  us.  Nevermele^8 
we  are  informed  by  Burnet.  (1  Owu  Times.) 
490,  that  in  the  next  year  (ICBl)  he  liked  the 
pniieet  of  declarinj^  the  prince  of  Orange  regent 
with  whom  the  res[al  ])ower  should  l»e  lo«l|^. 
Whim  the  princt*of  Orani^  had  landed  hejofned 
him  at  Exeter,  and  \iasthe  projioser  of  the '  As- 
sMriation.'  The  I'rince  intrusted  to  his  gorem- 
meat  Exeter  (of  which  he  Mas  Uccordcr,)  and 
Ih'Tonsh  irtN  i  M'  the  various  sulisequent  changes 
and  chances  of  his  coniluct  and  fortmies,  Burnet 
mentions  several  particulars,  but  f  doulit  whe- 
ther any  of  them  are  sufficiently  uncommon 
in  the  history  of  political  life  to  require  distinct 
mentic»D   in  this    place. 

Tlw?  roOowiii;r  may  serve  as  speci  Tienn,  and 
it  is  to  be  hoped,  will  satisfy  tbt  ^'ueralHy  of 
readers : 

K 


131]  STATS  TRIALS,  52  Cii a rles  II.  1  Gso.-^ProaeimgM^ga^ 


wherrhy  tlic  »nhl  two  spvrral  nds  were  ekidcd, 
anil  iho  said  ium\\  wax  roiiiiniKil,  and  kc*pt  on 
foot,  to  the  ^mii  distiiriiantv,  liazani,  and 
dftnpT  of  the  peni'C  ami  safety  of  this  kinfr- 
doni ;  and  the  nation  was  afteiwards  put  to  a 

In  relatin^r  the  ilisco^iTV  of  the  comiptM^ns 
of  tlie  ohi  £ust  liuiia  Cuinpany  in  tlie  year  1(>95, 
the   ItUhop  tolls  us,   *»  It  was  oliservt'd  that  ! 
some  oV  tlic  hoitoMi  siicklf  rs  against  the  ct»in-  , 

tuinv  did  iiisiiisiUv,  not  only   fall  otf  th*iu  that  ' 
Ktit,  hut  turiitnl  lu  s«.-ne  tho  company  as  much 
M  thry    hudai  first  endeii\  mi nnl  t%>  destroy  it. 
Kt*\inour  Miu<  ainoni;  tho  rhief  of  these,  and  it  ' 
was  said  that   ho  had  l-J.-vi"*.'.  <f  tluir  unmey 
iindiT  the  colour  of  a  har^uiti  tor  iheir  sait- 

\jrain  in  spt^kin^j  <«f  kinp  M'ili law's  filth 
(uniAiuoiit  \»U:ih  m:t  tor  «:;< patch  o;'  bu>ic«.^ 
«»  ;U,'  U'l'tt  i.f  Mar^-h  l7tM.  nmnit  sja-s. 
"  I  jwm  thr  view  of  tht*  Hrtus«\  ii  a;»{H.u-«ni 
u*rk-  ciidcMily .  thai  :So  Torii-s  uon^  a  ir?v  it  iivi- 
j«vil\  ;  \('t  iiir\.  to  uvJwO  toiMuattor  surr.  r^- 
»oht>l  to  cU:ir  iIh"  Ji'mj^^ofa  crcat  u»nny.  thi! 
i%tTX*0!\ir-"-C^"'l  in  au« ih-.^ it;iereisi :  R'rjMrts »c re 
hi>Mi-^-|it  tM  ihiiu  «4'  ct«\-:ii*i»s.  ihi:  ItJo  Uvn 
ATar.dil.M^slv  iMKx^id.^'tl.  hv  SiV.v;  vh»>  v.cri- 
tSH^'^'tluVl  I'.l  I  IS:   i>t-.»    |.,\sl    InJiA    Co»vp.*i»v  : 

in<t«tid  ft"  orinV:r;i:  an<i  cnii-naiRior  ■■.:>.  K 
w  hivh  «\vi  I  "» .s  « ^Tt  r  ir."iH :  i  \  lo  ?.:\  •  .t-i.  rjow  \ 
nu>si  >\'>4i>iikHi>  prs^iixv  «as  Kx^UiTi-.s  m  f  f 
K-,x:i\r  it-*:^.  ii»:vfi  j^>  l:nV  tWeTic\  thai  tht 
^fc\^^N  i:-.^^i4>\i  l■^?rrM^c>  ry  sj^m:'  -h^. 
t."*  s  h  .-:.<(  %  S^^kA  •*;r^•^.  iv  1,  >  ;li  x  wx?y  i  .:>:- 

<\vr.'. : ';  •>:;  »..:.;.  c .  •. vn  \i  •.:  :^  <>  V r: V  <- "  "-iTit*, 
f*i*i  ti>T'nrvi  .v.r.v.»ji^\  ■•.-u^.?t\i  lo  •••"•'w  Th:'.- 
c\Ti-.«  V,  Nil ^^ .::: ir.'-K  ■.  :?..>.>,v. 5>*i.  wV.-v** 
tV  r,>ai*«'  K*'!  .•■•cj^i  T^f  ]>;•■>*•«:»  «**.'»  ^«« 

K-.t  ••?\?  S.y:\».x.-.  w  r.-»  *.r  ^   .Sr*h  :?  :*»s  e^v- 

cwvT.-ki.^x  vfc<  >a>"  r.^  ^jiv  Kx^>t  Kf?.\'Y,  *s 
a  1  tv\  r.^ii  Tin  x.  S-.xiitM  SrwcY  i>^  H.cw  « 

up  vias«  A&\> ,    "ri  c.-sBc^aw.^?. 

nr  uriTM  z.'Wff  Wire  jt 

s  Ar^^ra  n  mcsk  cmhk..  oJr*?f. 70*01 

uronr  ir  oif 


1^  Iv^ 


new  charge  of  raising  and  paying  the  a 
SO0,000/.Tor  the  disbuidiDg  of  the  nid  1 
•*  Q,  That,  whereas  anactof  parinna 
tiassed  for  raising  money  fay  a  poll,  for  en 
iiki  majesty  to  enter  into  an  actual  war  a 

sisrency,  disinterested  patriotism,  and  nnn 
other  virtues.  Thus  it  is,  as  BIr.  Burfci 
**  These  gentle  historians  (yoor  Ciartn 
Norrd^-s,  and  Clamurieiix,  and  Rouge  Dn 
recortfers  and  hlazoners  of  virtues  and 
dip  their  ]feii<i  in  nothing  bat  the  milk  of  I 
kindness.  They  se<rk  no  farther  for 
than  the  prearchle  uf  a  patent,  or  the  il 
tion  on  a  ti^iub.  With  tliem  every  man  a 
3  pe*-r  is  lirrl  a  hero  ready  made.  Tim 
ot  e^ery  n::ir/s  capacity"  lor  office  t 
odtce*  ie  has  !^!V-d  :  and  the  more  offic 
irore  a'i;li*A*.  Ewry  general  officer  i 
thorn  a  T»!ar!borouirh."  ererv  statesman 
l^'Jj,  ever\'  jiidtrf  a  >T[urray  or  a 
1 1.' V  who  slife ^Tre  lauirhed at  or piuea 
tlipii  ac»!i!riintacce"  ''he  iniirlit  hare  addii 
irc:\  o'h'.j-iiiced  or  detested  by  all  who  b 
kn-v4l*.<?s^  of  tL::r  characters]  "  na 
tr^'y  I  a  r.iHi^  a^  :!ie  b^t  of  them,  in  tha 
t  f  f  T« i ::!rrc .  £/j.z\ '•r:K'ti  aad  Cdhns."  L« 
a  >•> "'  I^>rd.  :»..\:.5hed  in  the  year  17C 
I  >J>;:d  ihio  l«-li«'ni:nr  passaife  fitK" 
Ff\  >  HiiTw  ot  ihr  e:Li^y  part  <<tbe  R 
Jc:i^;5  •/.'•e  Sc^>r.-^.  becau^  it  exhibiua  : 
r»M;<  p^r:  f  Sr-i  nx*  r's  condoct*  and  a 
c-is-L'  ;:  i.T*>"'^#  !i^it  on  ibe  autheniz 
i"o  tr.-.7.-.:i:  -JTHit-.-s  %-l"  En^■b^b  hi^toa 
•r'.-;.  •,-  •/'■•:  :.-ir.s5.- :i  -s*  which  occurrec 
."r-f  ni^i:  of  i**e  ■  trL:.ii>r^t  in  the  year  U 

-  %5  •.b?  srsi :  '^Teren'x  wa*  cnaniir 
i^jer?  5.^*  r-:<  a>:«?*r  :>  bsT*  been  Vij 
^t.\>  rt.-r.  ;\5S.\  Sir  sJrti  a  (kfifite  c 
:S'-.i£*  H.:-!^  e^.r-V  y<  >--i«i!  pages  'at 
Vf  i-^iirj-f^tf  w  z-r.^'i.  be  iiSnrt*.  were  ■ 
T  t/w  ,:?;;  f.  Lr»".  E>  \r:  ^><*  11*1*  unde 
--  :>f  H:  j*<  T  I  'Tr^r^  --..^  t*^  and  aca: 
C'aftO.'C  ;  «:-£■- 3*1:7:  ■•  v  ijrb.  on  ImIi 
^^'v.  t:  irr>"»  s  :•  irai'rrrt:^  k*«e  rffr 
tzti  ^X9>,:<\  ri  •".  -  L  :•  •■•  -r.  aad  are  30» 

>iv*r".-.*  T»  tS*  i.-:r  -      >  .v  1  -razac<  T»nd- 

iT*    ^.MTtC  Tf     T.'.i^i.    "LI  ir    CfC^CT   the    1 

^^•»>.  R.i3»r  rt*  iiTtrarftL  «■  mdee 
fcWr.  » -■••Y  ir-i  .M  1:  rt7<>7is^iB  %9  the 
TVe  f*r.M  icitf*!:*.-!!  7iii*->r  LjiffB  fkc  oc 
w«renf  7^  "w^f  i«fc»t  mr :  tt  Mr.  .aftfiw. 

^iik*r> .  I  >c>ii»mM  '•j«T-"w:r  <ff  "ie  Ex 
1^.!.  aT»r  ,r  irf«iierft.  fmit^iiAf^c  t*  asrel 
uinf^t^'i*'  r  »  r  T  f^  -:-<.T.  .n^  Ti*  tyr 
Tiwfc»:frrrs  »c  ii--  ;:»:;  ■••f*;^.  li:^  ^e'v 
!ii>'nK  ww»r  i-i-^-Ti-r  *»'nii-'«,  x:  ? 
iT«ifcC  tt  ^itm.  'ibr*  im-^i^  7 

?KV«?ji    iwmnw  Titf   i-ttrtv    hrt  fSUM.  tl 
>    iiuk  fe  »ffe  uir  miM  « ite  Bf  sat ! 


STATE  TRIALS,  39  CHARLr.s  II.  l6B0.-~Edward  Stymour,  esq.       [ld4i 


mch  kine;  and  the  money  raised  by 
of  the  said  art  vi9a  thercl>y  appropriated 
nid  use,  and  to  tlie  repayment  of  suck 
s  as  shall  furnish  his  majesty  ^ith  any 
of  money,  ur  any  stores  necessary  tor 


'tlie  said  service;  and  wlicrras  c«;rtain  Eastland 

merchants  were  desired  by  bisi  inHJesty's  otficers 

i  to  furnish  and  supply  ^rcat  quantities  of  stores 

:  for  the  navy,  and,  as  an  encouragement  tlicie- 

'  unto,  were  as.sured,  tliat  the  sum  of  40,000/. 


tin,  who  were  the  legal  members,  before 
pjoeeded  to  other  business  of  importance. 
bavinj;  pressed  this  point,  he  obsei-ved, 
fever  it  were  necessary  to  adopt  such  an 
if  pfticeedini^,  it  was  more  peculiarly  so 
vheo  the  laus  and  reli^on  of  tiie  nation  , 
n  erideat  peril ;  that  the  avci'siun  of  the  : 
ii  people  to  popery,  and  their  attach- 
lonie  laws,  were  such,  as  to  secure  these 
IP  from  destruction  by  any  other  instru- 
lit}'  than  that  of  parliameiit  itself,  which, 
cr,  miifht  be  easily  ac&mipbshed,  if  there 
I  parliament  mtirc-ly  dependant  upon 
u  ho  mi^ht  harbour  such  desi^s  ; 
already  rumoured  that  the  Test  and 
s  Corpus  Acts,  the  two  bulwarks  four 
■  and  hbcrties,  were  to  be  repealed ;  that 
le  stated  was  so  notorious  :is  to  iic(n1  no 
HaTiiig*  descanted  with  tiirce  and  abtii-  ; 
m  these,  and  other  topics  of  a  similar 
icy,  lie  unreil  his  conclusion,  that  the 
a  of  royal  revenue  oun;lit  not  to 
e  first  kusintais  of  the  parliameiit. 
km's  Dispatches,  Jumf  2d,  and  4th. 
dix.  Ilumet,  2.  S2i.]  ^Vhethcr,  as 
I  tliink^,  because  lie  was  ti»o  proud  to 
say  prc^iifus  romuiuuii'ationof  his  inten- 
«r  that  the  strain  of  his  ar^^ument  was 
I  to  be  too  bold  for  the  times,  this  speech, 
ver  serrpt  approbation  it  nii^;ht  excite, 
t  receive  fmni  any  quarter  (rilhiT  up^tlaiLse 
P|Mt.  Under  these  circumstances  it  was 
MM^ht  nercssary  to  answer  him,  and  the 
I  va voted  unauimoaslv,  viitliout  further 


isBariOon,  in  the  relation  of|iarUhmf:ntary 

idines,  transiuittLfl  by  him  to  his  ciiurt, 

Brfa  he  apptrars  at  this  time  t<»  have  Im-cii 

exact,    :;iv«s  the  sauie    description    i)f 

av'v  speech  and  its  otlects,  with  Kurnct, 

can  be  little  ikiubt  but  thoir  aiHHiunt  is 

.t.     It  Will  be  found  :ts  well  in  this,  as  iti 

other  instance;:,  that  an  unfortunntc  inat- 

«,  00  tlie  part  of  the  r'.*vrreii<l  historian, 

IBs  ha&  maile  his  \eracity  unjustly  culh  <1 

■rtiaD.     He  s{)eaLs  of  Mp*yintiur's  s|Ki*ch 

a  had  been  a  motion  in  the  tei'hnical  si-ls*} 

■  Vttd,  tor  enquirin^r  into  the  elections, 

h  hid  no  eHiect.    Now  no  traces  remaining 

MhiinotioD,iuid  on  the  other  hand,  the  i^Iec- 

ihMebeen  at  a  subsequent  peritNl  inquin^d 

blaWi  ahnott  pronounces  the  whole  ac- 

PlbM  crronecHis ;  whereas  the  only  niis- 

ipWHi  in  ifiviiig  the  name  of  motion  to  a 

^^<ii  upon  the  oiu^tion  of  a  |;n^nt.     It 

"vii  cnouiH^,  cliat  it  shoidil  Im  from  the 

fibe  FretAch  ambawHulur,  tliat  we  are 

(  neoncile  to  the  reiMnla,  and  to  the 

Iht  tuigftiah  Umise  of  ComiiKms,  a 

■iihj  adMnpuahed  ratmber  rf  the 

•f  JLotm.-  KirMtt  Kncsbv 


does  indeed  say,  that  anionic  the  gentlemen  ol' 
the  House  of  Uommons  whom  he  accidental!/ 
met,  they  in  general  seemed  willing  to  settle  a 
handsome  revenue  upon  the  kinc^,  and  to  give 
him  money ;  but  whether  their  gi-ant  should  be 
permanent  or  only  temporary,  and  to  be  re- 
newed troro  time  to  time  by  parliament,  that 
the  nation  might  be  often  consulted,  was  the 
question.  fiut  besides  the  looseness  of  tlie 
expression,  which  may  only  mean  that  the 
point  was  questionable,  it  is  to  be  observed,  that 
he  does  not  relate  any  of  the  arguments  which 
\\  ere  brought  ibnvard,  even  in  the  private  con- 
versations to  which  he  rdcrs ;  and  when  lie 
aiten^-ards  gives  an  account  of  what  passed  in 
the  House  of  Conmions,  (where  he  was  pre- 
sent,) he  does  not  hint  at  any  debate  hav- 
ing taken  place,  but  rather  implica  the  con- 
trary. 

**  lliis  misrepresentation  of  Mr. Hume's  is  of 
no  small  iiuportaiice,  inaHnuich  us,  by  intimat- 
ing that  such  a  question  coulj  be  debated  at  all, 
and  much  more,  that  it  wa^i  debated  with  the  en- 
lightened ^  iews,  and  boh  I  topics  of  argument 
with  which  his  ^enhis  h.ut  supplied  him,  he 
^vcs  us  a  \  cry  i'also  iiotifHi  of  the  character  of 
the  parliament,  and  of  the  times  which  he  is 
describinp^.  It  is  not  iinpn>b;ible,  that  if  the 
arguments  had  lK>en  iL««ed,  which  this  historian 
KiipiKhU's,  the  ulterer  of  them  would  have  In'en 
expelled,  or  sent  ti)  tiie  Tower;  and  it  is 
cer-  t:iin,  that  he  would  nut  have  been  heard 
with  any  decree  of  attention,  or  even  pa- 
tience." 

It  has  been  a  fashion  vi  ith  sonic  writers  to 
tlepreciate  the  venicity  ot  liunu>t.  8ir  John 
IJuIrvmple  says,  "  it  is  a  piet'c  ot  justice  i  owe 
to  InsUiricid  mitli,  to  say  that  I  have  never 
tried  Hi  I  rntt\  tacts  by  the  tests  of  dates,  and 
ot'  ori<'-ituil  pajii^rs,  without  tindins^  thein  tvrong. 
For  which  reason,  I  luivc  mafic  little  iLse  of. 
them  in  thc^  Memoirs,  unless  when  I  found- 
th«*iii  supported  by  <»ther  authorities.  His  book 
is  the  more  rcpivhensible,  becamte  it  is  full  of 
characters,  and  most  of  them  nri>  tinged  with 
the  (Hilours  of  his  own  \\caknK.*s.st's  and  pas- 
sions:?'  1  Memoira,  n».  (As  to  the  iu:curacy 
t»f  sir  John  Ihihymplc  hiniiiir,  see  lord  Hof- 
land's  Addrt«?s  to'  tin?  Ueailer  prefixed  to  >lr, 
Fov*s  Ilistnry  of  the  e-iily  part  of  the  rcigri  of 
Jiuiii's  the  Scx-oiul,  the  Notes  to  4  Laing's  Hist. 
of  Scotland,  ami  the  Case  of  lonl  Uussell,  a.o. 
lOH.i,  iiijtu).  And  Dr.  Johnson,  in  more  than 
out?  passage  of  his  works,  gives  countenance 
to  the  anputation.  it  may  therefore  not  be  im- 
proper to  priveiit  some  additicmal  ti'stimony  to 
that  alreaily  nd'lucetl  by  .Mr.  Fox  in  favour  of 
tlie  bishop.'  Harris,  ('.'  life  of  Charles  2,  9.  Note 
{y.  Y.),  id>er  h\x\  ing  by  the  evidence  of  a  letter 
from  the   duchess  ot*  Cleveland,  verified  aa 


\3b]         STATE  TRIALS,  32  Charles  II.  \6so,^Procetdings  agaitui         [I 


parcel  of  the  said  monies  ntiMd  by  the  said  act, 
was  at  that  lime  actually  in  the  liands  of  the 
said  £dward  Seymour ;  uhich  lie  diil  acknow- 
ledge so  to  be,  and  did  promise  that  the  said  sum 
should  lie  paid  Xm  the  said  uierchauts,  in  part  ot* 
satis&ction  for  the  said  stores,  which  they  did 
furnish  upon  the  credit  of  the  same  affinuation 
and  undeitaking :  He,  the  said  Edward  Sey- 
mour, did,  on  or  about  the  year  1678,  issue 
out  and  pay  the  said  sum  to  the  victuallers  of 
the  navy,  by  way  «)f  advance,  and  for  provi- 
nons  not  then  brought  in,  contrary  to  the  true 
intent  and  picanin^  of  the  said  act ;  whereas  tlic 
same,  by  the  provision  of  the  said  act,  ought  to 
Imre  been  paid  to  the  Eastland  merchants,  who 

higlily  improbable  incident  related  by  Burnet, 
observes,  ''  From  tliis  letter,  we  may  judge  of 
the  goodness  of  Burnet's  intelligence ;  and 
reciity  an  opinion,  bv  too  many  entertained, 
that  be  Has  hasty  ana  credulous,  and  a  mere 
recorder  of  the  tales  and  scandals  of  the  times." 
Ralph  uiyustly  accuses  Burnet  of  inaccuracy 
respecting  the  Bill  **  For  the  Preservation  of 
the  Person  and  Government  of  his  gracious 
Majesty  King  James  the  8econd,*'  andasserts, 
'  That  ui^ortunately  for  us,  or  this  right  rei*. 

*  author,    tlicro    is   not   the   least   trace  of 

*  any  such   bill    [as  Burnet  had  spoken  of] 

*  to  be  found  in  any  of  the  accounts  of  this 
<  parliament  extant ;  and  therefore  we  are  un- 

*  dcr  a  necessity  to  suppose,  that  if  any  such 
'  clause  was  offered,  it  was  by  way  of  supple- 
^  ment  to  the  bill  for  the  preservation  of  his 

*  majesty's  |)er5()n  and  government,  which,  no 
*■  doubt,  was  strict  enough,  and  which  passed 
'  the  House  of  Commons  while  Monmouth  was 
^  in  arms,  just  bitfore  the  ndj«»ummeut,    but 

*  never  reached  the  Lonls.'  .?.  «M  1. 

U|H>n  which,  Mr.  Fox  remarks,  "Now  the 
enactment  to  which  the  bishop  alludes,  was 
not,  as  Ralph  supposes,  a  supplement  to  the 
bill  for  the  preservation  of  liis  majesty's  person, 
but  made  part  of  the  very  iirst  clause  of  it ;  and 
the  only  inaccuracy,  if  inilecd  it  dc-servcs  that 
name,  of  which  Burnet  is  guilty,  is  that  of 
callini;  tht^  bill  what  it  really  uas,*a  bill  for  De- 
ctarinir  Treasons,  and  not  };i\  ing  it  its  ibrmal 
title  of  a  Hill  ibr  the  Prcsenution  of  his  Ma- 
jesty's PersMin,  iVc.  The  bill  is  foitunately 
preserved  among  the  papers  of  tho-  House  of 
Commons,  and  as  it  is  not,  as  far  as  I  know, 
any  where  in  print,  1  have  subjoined  it  in  my 
Appendix." 

^  That  careful,  judicious,  aud  sagjicious  histo- 
rian, Mr.  I^«aing,  vol.  4,  note  1,  sa^s, 

"  Burnet's  veracity,  at  least  in  Scottish  af- 
fairs, is  attesteil  throughout  by  his  coincideuce 
with  Wotlrow's  History  and  original  materials ; 
aB  immense  mass  of  -ilSS.  in  the  Advticates' 
Library,  which  I  luive  carefully  insiiected. 
The  coincidence  is  the  more  n*inarkable,  as 
Wodrow,  who  |mblisli«nl  in  1791,  1799,  had 
never  seen  Burnet's  History,  publislied,  the 
flnt  volume  iu  1793,  tlie  second  in  173*.  in 
wntingfiruiniueiiiory,  Bum^  neither  is,  nor 


JiadI  furnished  his  majesty  with  flax,  heg 
and  otlier  necessaries  for  the  said  Mnrke: 
which  said  deceit  and  injustice  the  amid  n 
chants  did  complain  in  the  last  parliament. 

*'  3.  lliat  the  said  Edward  Heymour,  bci 
treasurer  of  the  navy,  and  then  and  still  havi 
a  salary  of  3,000/.  per  acmura  clear  fw  the  sai 
did,  during  the  time  he  was  Speaker  of  the  1 
Long  P^iament,  receive,  out  of  the  moi 
appropriated  for  secret  service,  the  yearly  m 
of  3,000/.  over  and  above  his  said  salary ;  wh 
was  constantly'  paid  to  him,  aa  well  during  ^ 
intervals  as  the  sessions  of  parliament;  i 
particularly  during  the  prorog^ion  of  fiil 
months. 

*'  -1.  Tliat,  on  or  about  the  eighteenth  y< 

pretends  to  be,  always  correct  ui  dates ;  and 
nis  latter  days  he  w-as  undoubtedly  credido 
But  his  naniitive  is  neither  to  be  rgerted  I 
cause  the  dates  arc  displaced,  nor  are  the  gk 
ing  characters  of  nature  to  be  discarded  bmi 
tliey  coincide  not  with  the  prgudices  of  w 
writers.  If  we  compare  his  narrative  and  d 
rocters  with  those  of  Clarendon,  and  oonoi 
how  superior  they  are  to  ever}*  cotemporaiy  p 
duction,  how  frequently  they  have  been  ■!« 
transcrilied  by  succeeding  authors;  (Hm 
himsdf,  for  instance,  who  blames  them  mM 
and  how  im|)erfiectly  their  loss  wouM  havebi 
supplied  by  morerei'ent  memoirs,  we  il 
discover  the  real  value  of  Burnet  as  an  hill 
rian." 

8ee,  too,  as  to  the  comparative  accnraej 
Burnet  and  Dolr^nnple,  the  Note  to  Mitchd 
Case,  anie^  vol.  6,  p.  1292.  In  that  Note,  In 
slight  error  of  the  press,  the  relerence  to  II 
r\'iu(>le's  Memoirs  is  printed  p.  94,  to  ed.  171 
i:)Stf!ad  of  p.  9,  4to  ed.  1771.  An  instance 
Biuni'i'^  want  of  exactness  in  his  expreHM 
which  has  been  so  injurious  to  his  characi 
for  vevacity,  may  be  found  in  what  he  H 
(see  vol.  {'»,' of  this  C-ol'.ettion,  pp.  I-IJO,  14i 
of  "  Tlir  Trial  of  Iieiand  and  others."  C 
the  Trills  of  Ireland,  Pickering,  and  Grv 
vol.  7,  p.  79;  and  of  White  alias  WhitebcM 
and  others,  \o\,  7,  p.  311. 

Seymonr  is  the  Amiel  of  the  *  Absah 
and  Achito^ht'1/  in  which  Dryden  has  raid[ 
him  very  lughly  : 

"  Indulge  one  lalK>ur  more,  my  weary  muse 
For  Ainiel ;  who  aw  Ainiers  praise  refuse P 
W ancient  race  by  birth,  but  nobler  yet 
In  bis  own  ^vorth,  nivl  without  title  great 
Th«  i^anhcdiim  lonij  I'u.ic  as  chief  lie  ruled, 
Thrir  ro:if  cii  guided,  -wA  their  passion  oooT 
No  drxtmiis  was  he  iu  tiio  crown's  defence^ 
S:i  forniM  to  siK'uk  a  lo^al  nation's  sense. 
That,  as  their  band  was'  Isr'eI'M  tribes  in  i 
N<>  til  ivas  he  to  represent  thrm  all. 
>fow  nisher  charioteers  the  scat  ascend, 
Whose  loose  careers  his  sloady  skill 


They,  like  the  une(|ual  iidei*  of  the  day, 
:V!isgiiide  the  seasons  and  mistake  the  war. ' 


While  he,  withdrawn  at  their  mad  labour 
And  safe  enjoya  the  sabbath  of  hit  tinla^'* 


STATE  TRIALS,  32  Chaalss  II.  iSso.-^Edward  Seyiaiumr,  esq.        [138 


sty's  mgn,  (1666,)  and  duriiur  a  war 
tun  gqwral  <if  the  United  I^ether* 
the  said  Edward  Seymour,  being 
r  theoommianonerii  fur  prize-goods, 
ileatiy,  nnlawfiilly,  ana  in  deceit  of 
r,  unlade  a  certain  prize-ship,  taken 
ibjects  of  the  nid  States,  without  any 
iitthority  from  the  same ;  and  did 
hduig  and  goods  of  the  said  ship, 

Ltlie  same,  without  the  presence  of 
seper ;  and  did  afterwards  sell  the 
eadinfir  the  same  to  have  been  only 
» Sugars,  and  did  account  ^?ith  his 
r  the  same  as  such ;  whereas,  in 
caid  ship  was  kulen  with  Cochineal 
,  rich  merchandizes  of  a  great  va- 


rivood,    ihe  first  two  Artidct,  I 

ake,  sindl  be  proved. 

Hw.     As  to  the  two  last  Articles, 

vdible    witnesses    that    will  prove 

tisiy  the  House. 

iiN>M  r.     When  my  charge  is  present- 

rriting,  I  do  not  doubt  but  you  will 

Dvenient  time  to  answer  it.     It  con- 

reral  parts;  as  matter  of  account, 

I  may  nare  a  copy  of  it,  I  shall  make 

swtir  as  will  satisty  you,  and,  I  am 

every  member. 

■on.     I  suppose,  the  Articles  ought 

,  paiagrapn  by  paragraph,  at  the 

dropped.) 

iri«  Wimniwgton,    If  yopr  meaning 

shafl  answer  in  writing,  I  conceive, 

•D  is  imiieached,  the  matter  is  to  be 

smined  nere.  |^But  time  being  given 

BUT  to  answer  till  Thursday,  he  went 

fmour  desires  **  he  may  have  the 
vriting."  This  is  an  IniiM*acli- 
nnt  to  have  its  determination  here, 
!  Lords  House.  We  arc  the  great 
iquirr,  and  are  to  receive  any  iufor- 
fhis  unpcadiment  being  umfertaken 
iA,  I  would  know,  whether,  if  articles 
Ird,  tliis  House  will  admit,  or  allow, 
to  give  his  answer  here  ? 
mker.  When  Answer  is  made  to  the 
len  is  the  projK^r  question,  Whether 

S'ven   in  writint;.     But  your  ordcT 
T.  Neymour  sliull  make  answer  on 
and  tliat  he  lia%c  a  copy  of  the 

November  25. 

MSHT.  Vmi  did  appoint  this  time  for 
Hi  my  Answer  to  the  Cliar^e  a<^nst 
tady  to  answer.  1  only  wait  your 
irlflbaD  proceed;  whether  I  shall 
MVHT  m  tvriting,  or  answer  the  Ar- 
Waveread. 
**^  were  read. 

rf.  You  have  appointed  this  day 
war's  Ansiver.  It  has  been  the 
0e«  when  a  member  is  accused, 
IP  in  Us  place,  and  give  Answer. 


Mr.  Se^nHmr.  If  that  be  the  mediod,  and 
that  be  the  way  to  come  to  your  end,  I  an- 
swer. 

To  the  first  Article :  I  do  allow,  that,  by 
virtue  of  tliat  act,  I  received,  as  treasurer  of 
the  navy,  498,35 1/.  Is.  H)d,  and  no  more.  That 
was  the  total  for  rigging  and  equipage  of  ships. 
What  was  more,  was  tor  the  ordnance,  whidi 
was  above  20,000/.  but  by  vurtoe  of  that,  I  re- 
ceived no  more  than  tha  former  sum.  That 
sum  knnd  Danby  paid,  according  to  the  inten- 
tioB  of  the  act,  and  none  of  the  money  was  di- 
verted to  any  other  use ;  as  appears  by  the 
accounts.  8o  that  tlie  balance  of  the  total  is 
9/.  55.  and  that  is  all  in  my  hands.  The  other 
sum  for  that  service  was  SO^OOO/. which  Uie  king 
assigned  out  of  hia  treasury.  Several  sums  of 
money  were  lent  to  Mr.  Kiogdon  ;  bat  what 
were  so  lent  were  belbre  the  ad  for  disbanding 
the  army.  4>  to  the  lending  90.000/.  &c.  I 
never  lent  above  10  or  90,000/.  and  none  of 
those  sums  were  for  building  ships,  but  of  my 
own  proper  money,  and  the  money  of  my 
frienwi :  And  frequency  the  treasarer  of  the 
nav  j^  does  make  use  ofnis  credit  for  the  Idng'a 
service.  And  this  is  my  answer  to  the  first 
article. 

To  the  second  Article,  I  humbly  present  this 
Answer:  That  it  was  in  my  power  to  dispose 
of  money  till  bills  were  broufiHbt  sigiicd,  wnich 
they  did  not  do  as  long  as  uie  money  was  in 
my  hands.  Tlie  40,000/.  I  did  issue  and  pay 
accordingly,  which  will  appear  by  the  mer- 
cliant8,who  are  now  ready,  at  die  door,  to 
affirm  it ;  and  they  did  never  call  ibr  money, 
till  it  was  out  of  my  hands.  The  time  of  con- 
tract and  dcUvery  of  the  goods  was  so  long, 
that  all  the  money  in  my  hands  was  gone :  All 
was  done  by  the  navy-board,  and  beibre  the 
merchants  came  with  their  bills,  it  was  so  bng, 
that  all  tlie  money  was  paid  out.  What  wiU 
make  this  manifest,  will  ne  the  merchants  com- 
plaint, the  last  pariiament.  I  am  so  far  from 
prejudicing  tliem,  that  I  did  serve  them  what  I 
could,  by  reflecting  on  the  hardship  of  Uieir 
case ;  and  I  humbly  offer  you  their  petition. 

Mr.  HorOord,  "  You  cannot  receive  this 
paper.  If  Seymour  insists  upon  it,  he  must 
withdraw  whilst  you  debate  it.  This  is  not  the 
place  to  hear  the  merchants ;  that  must  be  in 
another  place.  That  Seymour  should  produce 
this  paper,  and  desire  that  the  merchants  should 
be  heard,  is  a  strange  motion  to  come  fi^om 
Seymour,  who  has  managed  so  many  impeach- 
ments. 

Mr.  Sfvmour,  Tims  miich  I  know,  that 
when  evidence  is  produced,  it  has  never  been 
dcnic<l. 

To  the  third  Article :  I  had  the  honour  to  be 
Speaker  of  tlie  House  b.^re  I  was  treasurer  of 
the  navy  ;  and  I  was  in  the  condition  of  a  pri* 
vate  gt^tleman  ;  but  though  it  was  not  great, 
y rt  it  did  support  iny  ouauty  ;  but  it  woiud  not 
maintain  the  principal  commoner  of  Eng« 
land.  I  had  the  favour  from  the  king  to  re« 
ccive  3,000/.  a  year,  as  for  secret  service,  te 
avoid  laying    the  fees   in  the  Excheqiier  | 


13.0]  STAT£  TRIALS,  32  Charles  H.  lei^O.-^ProaeiingMagaiuai 


Mhich  mL«&ll  ihc  ftivoiir  I  eTcr  received  from 
len!  Oniibv. 

To  iIk-  toi'rtli  Article  :  Tlus  Article  is  of  mat* 
ters  itono  Al'kivn  yeaiN  Asr(>.  aimI  so  unceriain  a 
rfmnre'^  tb^t  there  remain  not   any  footsteps.  | 
For  theorizes,  I  nevir  roreivixl tlio  money,  nor  I 
ev«Y  w-.is  an  aeoountunt  tor  tlie  prizes.  I  aci^^  no  ■ 
ochenRi>«'  than  as  the  other  eonunisidoueTV.  Id 
the  article  vt  is  calKil  '*  a  it^rtain  ship/'  with-  j 
one  name :  When  it  haii  :i  more  certain  name, 
and  iv«  a  more  ccruiin  cliars'e,  1   shall  make  a 
more  iviT^in  ar.'SMiT  to  it.     Since  the  commit-  j 
missioners  ct"  the  prizes  %verv»  under  a  mistor- 
tuiic,  she   cc^M!  I'lvn    ui   Br »x»k -house  never 
itp^tke  Of'  «t :  nr.d  smiv  that,  there  hx«  bi'cn  ! 
mn  avt  i«f  oSii'.  ti^i.     Hut  t  iliM^biui  any  U-notit  ' 
IrvMii  a»ts  el'  jbli".  ioi.     This  article  is  of'  mat- 
ters d'.Mu*  !"i?\»>'n  \  ears  since,  and  as  there  arv  no  ] 
i\^tsiti»ot  It,  Mhi:i  persons  will   charge   me 
wi^rv'  pvir^culdrly.  1  shall  ifiic  a  m.^rv  pin^.-u- 
Ur  ans'v*  t  r. 

Mr.  M:-.:  :^':.  It'  S^vmenr  hi^  i!->a<'  as  irell 
as  he  hasstM^kt'  ■•»h\h  is  jIw,:\s  »^  .U'  he  mav 
<vme  e«  » ell.     1  liU'^ e ir.r.i he  ma .  » .ililraw . 

Mr.  N: •■:.■.-.  I  k;;i»w  wh;.:  b«-«v»uu"s  me  in 
p^ni  »*t'uur\.  I  Ajkr.oM  Ici^ife  the  ;*.is:ic«  of 
tht^  Hei;*^    :"       ' 


ih.-.r 


-..   •.■<wi.' 


I  •     «■ '« 


•',:  ".111  :»»,-,  in 
igrai:t:*.»c  r'.e  i  iv:^\  of  iv.v  l'h:\rs::\\  ar.  *.  c»>n^e- 
mem  liiiH'  :■,»  ntaki  luy  a:i>w  or ;  aiul  1  h''i»<»  to 
maLeiiiy  J ;'■-.:: .V  ylj,\-y  i.»  tlie  H"»r.'«'.  si  r..': 
ioe*er\  iMtwri-.lir  uvirb^T.  l»i*n*v  iu-.*:''T- 
fv.-.w  :.»a".*wcrivs  er.:rj.7.il.  b-.ii  1  •:  i..\  rv.is- 
d  Hi'm  •.!'.%  r,- ■.•>->•,  'T  Ji.".*rkMiead  a  ^^-'^i.-v  ;r*m 
iS- i'*."^" •>■■:■ '1  •  :'  K"^--!.  \*H*  v..;.  ^.,  a  . 
e>*r."  "4; :  >  ;  >:.,^'  i  .'.^^  "•.!' :ta- I'-dr  Vhi;^:» 
•j:  I"-.  V-.  !.^.  '.■.-.  .:•  :  •  ■'-.  ..rr;  v.  i- :  b\  ♦.'::. 
'»■.:'-  -i"    .      :.  ••  I"  ../.  1  \   -J.,  i   •     -» "     *■ 

t         "•  ■  "   --      *  i  •    ." 


.\ 


t:i.>  ~.i£..r?  r.!-.\:-  ::r 


u- 


.  ■•  v>!  .  •  c:- V  ".yt'a  Ciir.^\  -. 


AzaI  I  cur*  >*.vr\-^  ?'.*'^j..!s.  •.:\\^-.t':>  V  c*;ii-.v 
Uninj,  ic-i -'■':  iiar«^%    i»h;l  I.    T^iiC  v* -*'-^* 


*.\ 


-       -^ 

■i   a   fKiRiii'^iQ*;a    «.k'  c  .:''^    •!  ^l\ 

wtw  ia>srenfctatil  .3  ^l- >:•  -..m:- i:. 
•Ml Mi  aay  ifei*r  *>?ifu  ^-lac-.L  ..Hi:  *.'  -r  -^ry 
Tlir  fcsi  «irp  1  c^rr  ttMiJtf  ::5  -r."*  -«',  -.. .  *  .vc  ^ 
rfp«riSia»fOi.  a::.i  w  'i\  :•.  .  .-vm  ..:^* 
■»  00  «cnrt  :  ±'^-  %*^t2.  ...  »v  -^ji^ 
UMV  rf  UK.  I  ha  J  » •:  ■XT'A .. :  -Jia .  >«.  i"^  ■>,*.  I  "  .«• ; 
09 Boaiivr  it^  ik:  k*'i-'«.  :  :  ^  * ^  ■  ^'.r ,  •.  ;  i  v:  o^j: 

ftrv  *|il^:'sKj;uc--  .  JUS  -\-aa*':  s 

9%  ktOliir  Bid.  Ul*£  'hKOtl>f.    I  ikiv  w 
lUll  IMIC  WXlilrr,    JUC    *JX    \7al^ 


altn|rether  positive  in  that  question.  I 
pve  vou  one  insumee  more.  The  idt^ 
on  tbe  throne,  and  the  last  moment  o 
session,  the  House  expected  that  the  m* 
hill  should  be  broiurht  down  from  the  1 
I:  \\  as  flenied,  and  severaH  mc8saj|;es  passe 
iwi  vt  the  Hoi;5««  -.At  Kst,  it  iras  not  bn 
dow:-i,  but  met  me  at  tLe  bar.  The  king 
aDjfr^-  at  it.  I  said,  "  1  wouki  be  torn  0 
the  eliair  wiih  uilil  horsc-sc^  befcwe  I  woiil 
without  the  bdl."  The  House,  At  the 
end  of  a  se&>ion,  uere  jealans  of  some 
thatuMi^ht  be  otftred,  and  the  House 
thty  \ten?  pleased  to  lay  their  trust  in  r 
was  ii>  hihder  it.  But  the  matter  of  disc! 
inc  the  Backers  Di-bt  was  brought  in 
and  in  the  L/^nis  House,  and  if  1  could 
htH-n  prevailed  with,  that  bill  had  been  ai 
Had  1  been  a  o^rmpt  man.  that  bill  1 
ha^c  pa>se>!.  You  hare  h«^ard  of  it  in 
C«ileman's  Papers.  A  ^nileman  brougl 
a  pivfrni  fiT'm  the  otv  of  Lubdon,  and 
!h.\T  ;:-e{i::crjac  aii«i  bis  inessaj'e  were  rec 
he  w.W  ttll  V'Hi :  he  is  a  man  oi  h<inoii 
hivo  itkkc  n  no  mdirv^.t  way.  In  the  latti 
of  ib^^  p.in:j^if:;.i  th^ttbe  PKKwas  di»eo 
in,  I  *-;?:-■*«.  '.:  wJi  be  :.  i'liine-J  th^t  no 
» AS  w  i:.:ir.i:  ::i  ibe  ih«iri'nrthe  dL>cuvi 
it-  1*  ««>-.;.'•■  iwii.l'US  l-\  utuwe  cfHU 
kr,  »  :.  •.  i  ;:ai  iS-  iK-n^-'ir  to  l«e  ci'ii, 
iTi a! :■:  r.«>: :■  *-.-.  i  •  t  \-. .  •.;>**  ^  -..r  place.  1 
plitt  i  .1  ib-r  k\-i,t  :\  jv-rs*'U!*  not  us 
ri::.,\  .;  •:  1  '■■..'.  \w^.  iC-lx:- 1  B 
An-'.  :"  ;.  .  .v.  ri..^i  ,r.  ilh^;  «:.>».V^\  iii« 
■  :-.  I  ^..   .  ■  «".:   Cf^'  t'r.-.dr,.'e  c 

H   . -•       i  ......  :  .-   '..  ..•  .:r  I.' bv  liauic^i. 

:•  'O"  ■    -'  ■'  .    ■'  -     -  '      !-•  "■*>  -:^  tiir  Ti 

.-..»   i\t'   \     ■.   ;..  .*    -    •.     '-1:   i:.;'.'  mv 
■    -  ■  .  - .    '    1     ■-     ■ '  T  • 

^..T  .!."»"  •_*.  ■  A.  ...  '.      .'    i    ...  >.irr    1    di 
vi..„E.   .    -    .       .•..::■.:     _-..-»:  :;.>i  1 

\      ■  .      .  ■    .   . 


,      ■  -    .'      -  ■       I    •_ 


t.  . 


"■'*'■■   ■  -■*■*.  ■".*    .«:.*.  ".■" 


V>     ■»  ..    :    _C    ,,-i.-_,. 


.  V    .  .1,.  I  r     c  V-.-    *■      V   A  : 

'^v    I  *  ■•-    r'l..'.    :\^.        <k-:  :^'.  *wi  i^-: 

•  j«.       ■-    ■  .»  ■■  •*.-.■:■■"..   i_."    .-.■  n^   ^<  •.*  =i     A 

i,i.'j- -'Z       l  .-*•■■■'■    '<i-   i    !.;■  ;    : .»-.      >■ 
>.■    ■     .  '■   1.  ■  •-•»  i-*    .    ^ .«  '*  .      •  .    ji.T  :  ■ 

•  :»...•.■».•.       .--i  .  1.-*      .  !d,.-t;^  ;    "ii-i  .^i 


Hi]       STATE  TRIALS,  32  Charles  II.  iS^O.-^Edward  &yma8r,  esq.       [14$ 


Teneratioii  for.  I^  those  men  ywXk  abrnatl 
with  what  penetential  wonLs  they  please.  They 
ihst  have  broken  the  triple  lea^e,  shut  up  the 
exchequer,  hecaiue  I  would  not  trust  their 
tnaas^'*.  >V hen  the' parliament  is  dismisseti, 
they  will  do  the  same  thina^  i^^ain.  'Iliat  the 
Phat«stant  religioD  may  be  pre.'ierred,  I  am  tor 
thrproiervstion  of  the'rrown.  There  remains 
■y  charge:  with  yon.  Do  as  you  think  fit,  I 
w4|  do  a^  an  honest  man,  and  never  depart 
ftm  my  resolutions  of  nn'  sincerity  in  the 
nmecluit  reliffion,  and  service  to  my  country. 

Mr.  ^fiirM  Fleetwood,  He  answered  not  to 
4be  Aitide,  **  That  he  misemployed  the  public 
■MBfT.^  I  do  justify  it,  and  will  prove  it  by 
pod 'testimony,  that  the  money  <^*antofl  ior 
aa  actual  war  with  France  was  not  so  disiK>!U!d 
U*,  bal  to  a  oomrary  use.  Pray  read  the 
mz|^  article  b^*  article,  that  'we  "may  know 
JOJT  opinion  of  it. 

Mr.  Vernon.  To  the  last  Article  "of  Money 
tceetred  for  Secret  Serrice,"  what  secret  ser- 
vice he  did  that  pariiament,  he  that  received 
the  money  knows  better  than  I.  Unless  leap- 
np  oat  of  die  chair*  wus  "  secret  service," 
im  that  needs  no  proof.  Though  he  denies 
idiag  the  kind's  prizes  under  the  notion  of 
WMiiAgarg  ^r  Indigfo,  and  Cochhieal.  As 
far  A^H^  of  Indemnity,  1  know  not  iiow  that 
cu  tAf^r  hino,  aince  he  is  impeached  ;  it  is  not 
mier  here  to  determine,  but  in  the  I^rds 
House.  If  %ve  f lave  not  justice  arjpiinst  him  in 
tbe  Lords  House,  1  know  not  where  we  can 
htte  it  any  where  else.  In  the  Courts  of 
WertDOuuter,  where  the  juds^es  stop  all  pro- 
Cfedmga,  I  expect  it  net.  The  duke  of  \  urk 
uriB  nSicted  for  a  papist,  and  in  other  present- 
ments of  papists,  they  stoppeil  the  courts  of 
kw,  heonse  they  were  too  big  tor  the  law. 
Ilus  man  is  in  so  much  favour  at  court,  and 
hai  10  ranch  money  to  mnna;y^,  that  he  can 
Bake  all  of  hia  side.  See  the  effect  of  your 
•Mbhs  to  the  king ;  yon  had  put  the  Iting 
tpona  moat  grateful  act  to  the  city,  and  done 
({•od  wnrice  to  tbe  nation  in  the  country,  yet 
be,  Jeffreys,  is  chief  justice  of  Chester  still. 
HUs  address  ^vas  not  gmnteil,  nor  your  ad- 
dremes  for  pardon  of  such  as  should  come  in 
to  dbcover  die  Plot;  if  ever  men  desened 
fjtrdon,  they  did,  when  the  kl  :g's  life  and  na- 
tiDB  were  in  danger,  and  an  exception  of  **  per- 
jnry'*  was  pnt  into  one  of  the  pardon^.  What 
We  you  bad  of  effect  from  jrour  addresses,  by 
.DeaDs  of  such  oonnsellors  as  St^ymour  near  the 
bog  ?  I  move  you  to  put  the  question,  "  T])Ht 
tMreii  matter  of  impeachment  in  this  charge.'' 

Mr.  Harbord.  I  [iretend  not  tocliarm  any  man 
by  what  I  shall  say ;  but  the  first  sten  yon  are 
li  mdce, » to  read  the  charge,  article  by  article. 

The  Article  was  read  "  for  the  Money  aiven 
fcrShips." 

Mr.  Harhord.  So  great  care  the  parliament 
took  to  provide  money  for  ships,  andponish- 
■art  fhr  diverting  that  money.  Now,  in  short, 
vMier  cu  this  article  be  proved  ?  It  may  be 

^  8«  4  Cobb.  PtoL  Hi»t.  p.890. 


said,  here  is  nothing  but  an  affinnativc  and  a 
negative,  ami  so  perhaps  men  may  not  be  ablo 
to  give  a  judgment,  to  say  what  to  do.  From 
precedents  in  your  ancL>stors  time,  and  in  the 
Lonisr  Parliament,  of  Impeachments,  the  ques- 
tion is  now,  *»  Whether  Mr.  St^ymnur  is  so  far 
guilty  of  this  chai^,  as  in  your  judgment  to 
proceed  to  imi>eachiucnt.''  ^Though  he  has  an- 
swered all  the  tour  articles,  and  endeavouretl  to 
clear  himself  from  other  aspci'sions.  When  he 
was  in  the  Speaker's  chair  (:is  you  said  very 
well  in  your  specrh,  "  the  chair  had  been 
so  vitiatc^d,*')  I  have  seen  him  cast  his  eye 
about,  a!id  he  was  tom*^*  to  that  perfection,  as 
lo  a  man  to  tell  you  how  a  » oic  would  pass, 
and  spies  and  cnnssnries  were  sent  out,  to  fetch 
men  in  :  this  I  have  seen  an  hun<la'd  times. 
This  ariiele  two  gentlemen  undertake  to  prove, 
and  no  man  can  say^  but  tliat  if  he  be  guilty 
of  it,  he  has  made  a  great  breach  of  his  tnist. 
The  witness  that  can  prove  this  article^  had  his 
hand  in  putting  out  the  money  >Vlien  a  mem- 
ber cannot  in^e  good  the  ai-ticlc,  he  names 
witness4^.  Tlic  first  article  can  be  proved  by 
a  man  that  had  his  hand  lor  it,  and  Seymour 


he  (Seyiiiour.)  If  gentlemen  bid  me  name  a 
witness,  that  an  olfender  may  escape,  they  ara 
as  guilty  as  the  person  accused. 

Sir  William  Junsi,  I  have  attended  the  de- 
bate, and  this  is  not  the  time  to  bring  that  iu 
(piestion.  Seymour  Ls  a  man  of  great  elo- 
quence, and  has  showed  you  that  he  is  an  aide 
man.  It*  he  be  go(Ml,  lie  is  able  to  do  much 
good  by  it ;  if  othemise,  much  hurt.  He  has 
answered  the  articles,  one  by  one,  and  it  Ls  not 
iimeh  matter  whether  his'  answer  liad  been 
"  Not  Guilty"  only,  and  he  could  not  make  a 
better  answer.  1  take  it,  that,  us  to  the  fpreskt 
sum  given  by  act  of  parliament  for  building 
of  sliijjs,  liM  cliaiwH  is,  »•  Tiiat  he  diverted 
that  to  &Mi>tlier  purpose,  and  indixnl  to  an  ill 
pur|>ose,  to  keep  up  the  army."  His  answer 
is,  *^  Til  at  he  received  so  much,  and  the  rest 
was  the  onlnaiice,  and  was  paid  according  to 
the  act;"  and  he  has  referred  you  tohiiac- 
coiuit,  ami  tlicre  remjiins  9/.  &c.  It  may  be, 
the  money  lent  for  kc:e|»ii;jf  up  the  army  vas 
other  men's  moni,y,  upon  ih(i  credit  of  himself 
and  his  friends.  tVith  all  ihimess  1  do  repre- 
sent the  c!?ecc  of  the  cha*'j.ij'(r.  and  hi":  answer. 
I  do  not  do.iy  but  tli'it  ibis  is  a  good  answer, 
but  all  in  urTcct  ainountstj  no  nioi-e  than,  *'  Not 
guilty  of  the  charge.''  I  did  observe,  that  he 
has  iteceiv<-d  no  nu'.n':»  exiiectation  in  his 
abilities.  He  introduced  his  speech  to  this  ef- 
fect, '^  Tliat  he  was  unfortunate  to  have  a 
charge  hg-ainst  him,  but  it  would  be  less  so,  be- 
cause he  should  be  heard  in  parliament,  and 
would  call  un  Kastland  merchant  to  testify  for 
him,  (&c."  But  that  is  a  mistake.  1  am 
afraid  this  House  cannot  judge  this  matter.  I 
could  wish  tliey  had  that  power.  It  may  be, 
it  wouhl  be  more  secure  for  tlie  nation,  that  this 
House  had  a  several  judicature ;  but  I  am 
7 


143]         STATE  TRIALS,  32  Charles  II.  l6$0.— Proceedings  mgabui         [i4l 


ftfraid  this  House  has  none.  I  rise  not  to  a^f. 
grrftTate  one  point  ot'  the  char^.  If  he  be 
guilty,  Wt  hiin  be  condemned  ;  if  not,  ac- 
quitted. You  (under  favour)  have  nothings 
lo  oonaider,  but  whether  this  article  be  a  crime, 
if  proved.  Seymour  did  not  take  ui>on  him  to 
tell  yoa  this  article  wati  no  crime,  thou(|^i  prov- 
ed. No  doubt,  if  proved,  it  is  m  crime  against 
several  acts  of  parliament,  uppropriatinsr  Hums 
of  moB^,  &c.  that  they  should  not  be  uiLsa|>- 
plied  If  he,  as  treasurer  of  the  navy,  luis 
mis-spent  it,  to  another  use,  it  is  a  crime ;  the 
penalties  and  and  forfeitures  are  fine,  and  lo«s 
of  his  place,  if  he  be  ffuilty  of  a  new  crime  : 
The  next  article  is  of  pfrcat  coiunderation  : 
There  was  an  act  of  parliament  for  a  war  witli 
Prance,  and  that  army  had  the  ill  luck  to  tro 
off  with  nay,  and  not  fi^htinf;'.  l*hat  money 
was  not  nt  to  pay  them,  but  money  was  bor- 
rowed to  keep  the  army  up.  No  man  can 
think  but  that  tiiis  was  a  crime  to  continue  the 
army  a§^nst  an  act,  though  he  lent  the  kin^ 
hia  own  money  ;  especiiuly  considering  the 
hazard  the  nation  did  run,  by  that  array's  \mn(r 
kept  up,  when  there  was  no  work  ior  theni, 
It  was  well  done  for  Seymour  to  mention  his 
good  actions ;  it  mav  a  little  mitiE^ate  his  pu- 
nishment in  the  Lords  conrt ;  but  this  ib  not  so 
proper,  to  tell  you  any  other  afr^rravations  not  in 
the  article,  ffthey  l>e  crimes,  let  them  add  them 
as  articles  ;  let  n<]fht  be  done,  and  proceed 
M'itli  that  trravity  as  in  other  places.  If  any 
member  will  say  that  this  matter  contained  in 
the  artide  is  an  otfcnce,  let  him  rise  up  and  say 
HO.  Two  members  have  said,  that  they  do  un- 
dertake to  prove  it. 

Sir  Tho.  Ijee,  That  which  is  out  of  ques- 
tion is  not  the  question  ;  but  the  question  is, 
**  Whether  upon  these  articles,  you  will  im- 
peach Mr.  SejTnour?" 

Mr.  Kint^do^.  I  should  not  rise  up  to  speak, 
unless  it  were  in  my  power  to  give  the  House 
some  information  ;  and  it  is  only  because  I  am 
named  by  Mr.  Seymour,  to  whom  I  lont  money. 
This  money  he  lent  to  me ;  but  whether  it  was 
misemployed,  I  know  not.  He  has  offered  to 
produce  tiis  acconnts.  Some  part  of  this 
money  he  lent  me  not,  for  some  part  he  bor- 
rowed of  me.  As  to  the  other  part,  said  to  be 
lent  for  continuance  of  the  army,  I  lent  none 
for  that  purpose  ;  for  those  great  sums  wore 
lent  long  before  the  matter  of  disbanding  the 
army  entered  into  debate,  or  whether  you 
sdiould  continue  them.  Long  before  the  act 
for  disbanding  the  army,  there  ^vas  a  necessity 
that  the  army  in  Flanders  should  have  10,000/. 
to  pre\'ent  them  l&om  starving.  The  other 
money  I  took  out  of  his  house  to  disband  the 
army  Trith,which  might  else  have  cost  the  king- 
dom 80,000/.  more. 

Sir  Thomat  Lee,  I  have  been  long  acquainted 
and  have  had  a  friendship  with  Mr.  Seymnur, 
but  what  I  shall  say  shall  be  for  your  service 
which  will  be,  to  commit  this  matter  at  large, 
because  Se3rmour  is  charged  with  having  em- 
ployed the  money  to  different  uses,and  Kingdon 
ftysit  WB8  not  •mployed  to  the  uses  in  the  article 


mentioned,  but  on  the  contrary.  It  is  noli^ 
tliiuff  for  the  Commons  to  make  coinpbinttftthi 
Lonb  of  one  of  their  own  members.  This  «1 
be  but  a  mean  reoompenoe  of  yonr  credit,  li 
lose  your  proof,  when  witnesses  shall  go  bad 
in  the  l^rds  House,  and  the  Commons  ■■ 
not  to  fail  in  their  prosecution.  For  that  reasH 
the  Commons  have  given  notice  to  offendeni  ■ 
to  the  duke  of  Buckingham,  ^.  becanse  thcgf 
would  be  so  well  inf(»riued,  that  they  may  new 
complain,  but  the  person  may  be  round  guikft 
It  is  a  matter  of  s'-  great  weiglit,  an  impeafl( 
meut,  that  the  Oimmnns  ought  not  lightly  ti 
accuse.  Impearhmrnt  is  your  weapon,  h4 
you  must  not  hhuit  it.  If  'you  are  roistakn 
m  one  part  of  it,  you  may  be*  in  another ;  mk 
it  will  be  a  fatal  thing  to  go  to  the  Locds  wiA 
a  mistake.  You  have  heanl  Seymour's  dl» 
fence  and  Kingdon's  e%'id(^nce. 

Mr.  Horbord.  Vice-Aduural  Penn  and  eon* 
missioner  Pett  were  accused  at  Brooke-Houf 
before  the  commissioners  of  accounts*.  Fleif 
was  accused,  that  he  had  embezzled  prize* 
goods.  He  M  as  summoued  hither,  and  aa* 
swered  his  charge ;  and  then  tlie  question 
"  Whether,  upon  that  complaint,  there 
ground  for  impeachnuMit  l*"    And  it 


solved  in  the  afiinnnfivc.     You  have;^B 

I  caaxi 


I 


grounds  now  again.st  Seymour, 
tako  for  myself,  but  not  for  another  man,  tt 
make  good  What  I  have  asserted.  Mrs.  Ccflicr 
disposed  of  an  hundred  pounds  to  get  theeri- 
deiire  against  the  lords  ia  the  TowrT  taken  o£ 
If  evidcucr  against  Si-^yniour  be  nameil,  tb^ 
may  be  taken  off.  Wv  see  money  has  nuned 
us,  but  honker  I  shall  propose  a  {vay  to  md» 
thekingilom  happy. 

Mr.  Bo-ytk.  I  riHC  up  to  undeceive  gfentle* 
men,  1  hear  it  said  nhmad,  *'  that  friendship 
Sfuidcs  me  in  this  mattrr,  and  not  iimson  anl 
honour." — V\'lK».socver  savs  so,  is  guilty  sf 
irejudice.  If  S»jnioin*  W  u'uilty,  coniwma 
lini ;  if  iimoceot,  aequithim.  If  wo  be  b^fHed 
in  this  in)|U'achme!it  in  tho  liords  House,  it  wiD 
be  a  pi-ejudice  to  all  you  sIkiII  do  ;  therefore  I 
woidd  coiuuiitthe  Ardolos  to  be  well  considered. 
Ill  tho  last  parliament  these  Articles  were  let 
slip,  and  I  doubt  it  will  l)e  s;aiil,  thvrc  U  somer 
thmg  of  reveTi<^e  in  it,  men:  tlian  upon  pubUe 
account.  y\nd  if  That  api>ear,  it  will  be  adaqip 
to  all  you  do.     Therefore  ooinniit  tho  Articlea. 

Mr.  Mo'ttiiffu.  In  the  last  parliaruont,  did 
come  a  credible  substantial  gentUMuan  with  an 
impeuohinent  agaiust  Seymour  ;  but  he  had 
usal  him  ill,  and  the  parllainent  was  di.s<iolved. 
Sir  Chri<t.  Musfiriitr.  An  luipeachmenthaf 
been  brought  in,  andyour  iueml)er  has  answered 
it.  What  is  beforr*  you  i ;,  the  urrouud  of  Impeacbr 
ment  iu  this  ArtirT\'.  Tht*  men ihers  that  broughC 
in  th-^  aiticles  may  have  gruniid  to  believe  thenit 
yet  they  may  bt^  deceived,  anti  so  you  exposa 
the  honour  of  tiie  House.  In  the  Impeach- 
ment of  lord  ^lordaunt,  several  witnoflM  wot 
examined,  and  several  days  were  heara  ;  uid 
next,  you  have  done  so  in  the  case  of  Sir  Wir 

*  See  vol.  6,  pp.  8(ia,  870  of  tiiis  CottactioD. 


4^]         STATE  TRIALS,  32  Chables  II.  l680.~^Edward  Sii/mour,  esq.        [l4(r 

:.  Clarendon's  case.  Th»'  money  niigflit  Ik?  h.-nl 
;  anil  possibly  the  in liiviilua I  money  tor  ships  that 
wen:  U*  \iv  built ;  but  euu  any  nfan  have  satis- 
I'uction,  uuk'j>s  a  coiiHiihtcw.*  enquire  ?  And  so 
\  }uur  iiouour  will  be  saved.  Be  ii])Oii  surt 
i  i^nnd,  and  that  the  e\  idence  hiay  becleur,cuni. 


F^nn.  Sereral  persons  did  enquire  into 
And  it  was  so  difiicult  to  make 
out,  that  the  Hoiuse  did,  by  act,  ^c.  com- 
persons  to  enquire  into  them.  Tliey 
witnesses  upon  oath  at  Brooke- House, 
they  made  a  fmrticolar  report  of  tlie  e\  i- 
'Conld  any  thin^  be  ck^rer  ?  But  here 
icit  sud,  **  gentlemen  will  make  this  charge 
cwd ;"  but  vet  no  proof  is  made  of  them. 
B^^hkhit  produoes  his  account,  and  will  stand 
ind  fill  by  it.  Kingilon  tells  yon,  *'  Tliat  that 
af  the  money  borrowed  was  a  mistake,  and  tliat 
Boney  was  not  so  emptoyed  as  in  the  charge." 
1  VMire,  therefore,  that  it  be  committefl. 

Mr.  l^iw,  I  sat  in  great  awe  in  the  Long  Par- 
fimen;  but  Seymour,  I  rcineniber,  accused 
M  Cfairendon  m  the  l^ong  Parliament*.  It 
vas  then  said,  "  To  char^  Uiat  great  lord,  and 

Kre  notliiug^y  would  be  a  diMhonour  to  the 
Me."  A  great  gentleman  then  of  tlic  House 
[t  may  be,  I  can  produce  the  very  Speeches  I 
then  took,  in  short-haml,  both  those  against 
Ub  and  for  him  ;  tliose  who  were  for  Ckiix*ndon 
were  for  discovering  vvitnesses,  that  they  might 
betalKfi  off,)  lord  Vauuhan,.  upon  his  lionour, 
did  undntaketo  prove  the  article  *^  of  betraying 
the  king's  secret  counsels  to  his  enemiesf;"  and 
thitwis  all  that  was  expected,  that  a  gentle- 
■an  ibonkl  rise  up  and  say,  *^  I  undertako  to 
prarethat  articki." 
Colonel  Birch,      Love  tells  von,  **  he  sat 


I  Miit  it. 


great  awe  in  the  Long  Parliament ;''  and 
I  ankr  in^eat  fear ;  for  that  I  thought  never  to 
see  the  Gissolution  of  tliat  parliament.  I  re- 
nember  that  bii*<iness  of  tlie  Impeachment  of 
kMd  Clarendon.  In  short,  I  did  not  believe  one 
wori  vf  that  which  Clarendon  was  accusetl  of. 
I  preved  no  witnesses  to  be  e\amin(f<l,  hut  itir- 
tlier  ta  "^^'m^  tlie  matter.  We  know  which 
wind  blew  Clarrndon  over  sea,  and  what  wind 
Uows  now.  8e)'nioiir  has  suid,  "  he  is  a  lover 
ofbii  kfflg  and  coimtry,  Vc."  but  1  cannot  but 
obierve  the  hand  of  Ginl  hi  this  charge  against 
Cnuendw.  y\  hen  Sevmoiir  was  in  the  chair, 
nsman  wa^  iiiore  sliarp  upon  me,  and  I  some- 
limes  as  smartly  replied.  But  as  to  the  last 
"  LiOAnt,  I  t!tijik  he  did  lielieve  the  plot  in  the 
Pta'iiam*  :it,  and  therefore  I  did  recom- 
him  to  the  «.>hair.  If  he  be  guilty  of  this 
dilige,  no  mar.  sliall  prosecute  him  with  more 
warmth  than  I  will  do.  When  you  resolvcnl 
ftat  money  should  be  gi\en  up<r)  a  jKill-bill, 
fur  the  French  war  (which  I  was  convinced  of) 
ID  XOOfiOOL  for  some  thing's  was  to  Iw  pro\ided 
IB  a  few  days;  I  said  to  sir  U.  HowanI,  **  You 
hiTe  50,000/.  remaining,  &:c.  in  your  hands ;" 
k  replied,  *'  I  woidd  be  taxing,  Scv."  I  told 
yoiionnerly  of  "  a  cudgel,  that  would  break 
Ikt glittering  bottle,  the^  Fn.'neh  king;"  but 
VBD  must  have  a  sharp  Kword  to  d(»  it  now.  Sir 
Robert  Howonl  said,  "  He  hud  orders  for  is- 
niB^  out  that  money,  ^cc."  I  never  hcanl  but 
tbatif  a  memlior  said,  he  v.'ps  mistaken  in  on 
Aitide,  it  was  no  fartlier  insisted  on;    as  in 

•Hp^  vol.  6,  p.  323  of  this  CoUection. 
f  Ibkl.  p.  340. 
vol.  vjn. 


Mr.  Papillon.  There  were  tivo  acts  for  dis- 
banding  tlie  anny,  but  the  parliameoit  had  a 
I  trick  put  upon  tliem.  Iliere  was  two  luindi-ed 
thousand  pound  given  ford'sbauding  the  anny, 
and  it  was  employed  to  keep  it  up.  I  am 
afraid,  this  money  lent  by  .Scytiiour  uus  that 
which  kept  it  up. 'lie  should  not  have  panod 
with  the  money  till  it  was  eUeeted.  T  do  not  lay 
so  much  weight  upon  \s\y,\.i  is  suid  by  Mr. 
Kingdon,  as  to  cany  this  eliarge  to  a'  coni- 
mitte<\ 

Mr.  KitifrJon.  I  sjK'ok  to  orders.  1  shoidd 
!  not  have  troubled  \ou,l>ut  that  1  find  myself 
I  rcllected  on  by  Papillon.  All  tbaf^ money  W(.'nt  to 
i  disband  the  ra'iny,  and  what  was  lent  to  i^lr. 
Seymoiu:  ^as  before  the  dislKindiug  the  army. 
I  NirlV.  WinninKlon.  Hook  upon  this  Article, 
!  and  i  fnid  it  mentions  not  u!ie  u<irdof  of  King- 
;  don,  but  "  that  SeyuMnir  directetl  80,000/. 
;  Vc."  Hut  lliat  Kingfffui'sniuncy  was  not  (his 
money,  i.s  i:i;.M'e  than  any  !ii:>n  iuiisny.  King- 
don iscouiphiine<l  of  for  inispaying  the  money. 
l*roiimui  ardety  Sec.  I  should  lie  glad  if  Sey- 
mour \vtts  not  impeachetl ;  but  there  is  a  jwr- 
ticcp^  ciiwinisy  6cc.  I  hiiirm,  that,  u  hen  th^ 
eoniniitteesat  lor  eniirii'v  at\er  the  pensioners 
of  the  long  parliament,  u  gentleman  of  (pia- 
lity  gave  evidence,  it  worked  so  hard.  And  that 
was  the  rcaMm  the  charge  cumenotiniliat  par- 
liumi.  at  against  Seymoiir,  that  parliament  Inung 
s<ion  (iiseliai'ged.  I  woidd  know,  v^hen  a  muu 
is  iinpoucht'd,  if,  hny  man  shall  stand  up 
an<l  .say,  '*  he  dooj  n<»t  b'.lieve  the  ai ti- 
des,'" wiiether  this  shall  desinix  any  im- 
peach meni  1'  but  gc^iitlenien  .say  si.:ll,  it*^  may 
Im.'  eomniittefl,  which  is  a  gentle  rejection  of 
the  thing.  If  this  getitleinan  be  guilty,  it  is 
more  glorious  for  him  to  be  tried  in  the  great- 
est place  of  tlie  kingdom,  and  to  justify  him- 
self, than  to  stifle  it  here  by  commitinent ;  and 
then  the  ne.Yt  thing  will  l)e,  v  itnesses  will  run 
away,  beeausi;  this  great  man  is  too  great  for 
the  1  'ommons  of  England .  If  you  take  away  tlie 
means  \ou  take  away  the  end.  The  court 
ever  caks  for  prosecutors,  but  ne>  er  for  wit- 
ness™, till  issue  ho  joined.  Seymour  has  com- 
mittoil  a  givat  crime,  and  he  will  commit  a 
gi'eater  to  keep  himself  from  justice.  I  was 
counsel  for  lord  .Morduunt  *^^  in  his  imi)eacli- 
rnent ;  and  I  remember  the  House  would  not 
let  me  produce  one  witness  for  him,  and  he  \sn3 
iiniteadird.  W\i  know  what  crmstitiition  the 
long  parliament  was  of,  and  what  pn^ceilcnts 
they  made  ;  but  at  the  lattiT  end  ol  it,  when 
itl)egantobe  filled  with  brave  men,  Articles 
were  presenteil  siguinst  lord  Da  id)} ,  and  there 
was  nothing  but  jiroseculion,  no  reeomnnt- 
ment.     If  the  articles  be  not  provinl  upon  trial, 

*  Sec  vol.  C,  p.  785,  of  this  Collection. 


147]        STATE  TRIALS,  32  Charles  II.  1660.— 

it  is  no  reflection  upon  the  Honw  of  Commons 
but  on  particular  men  who  undertook  them ; 
but  if  the  centlemen  undertake  to  prove  the 
articles,  and  you  do  not  impeach  tiiereupon, 
this  will  be  a  great  discouragement  to  call  great 
men  to  account.  Kingilon  borders  upon  the 
same  offence  with  Mr.  Seymour,  if  it  oe  one, 
and  so  what  he  says  is  of  no  weight. 

Cok>nel  Birch,  I  will  begin  where  he  ended. 
He  tells  me,  "  I  will  look  to  my  interest."  I 
say,  that  Winnington  pleaded  for  lord  Mor- 
daiint,  and  then  you  know  where  his  interest 
was.  So  he  grounded  that  old  maxim  of  mine. 
I  think  myself  not  well  dealt  witlial,  to  tell  me 
of  my  nibbling  about  money.  I  am  auditor 
of  the  excise,  and  can  any  man  charge  me 
witfi  ever  taking  six-pence  bribe  ?  L^ely  I 
was  one  appointed  to  disband  the  army,  and  I 
meddled  with  no  money  but  what  I  gave  ac« 
<30unt  of ;  because  I  am  told  of  '*  nibUing."  I 
did  not  say  "  that  it  wta  impossible  to  proTe 
these  Articles,*'  but  no  man  can  but  he  that 
keens  the  cash.  If,  afler  all  this,  this  indivi- 
dual money  was  giren  for  this  use.  Sec,  it  is  an 
Article  to  impeach  upon ;  if  not  you  cannot. 

The  Debate  was  adjourned  to  toe  next  day. 

Nacetnber  26. 

Sir  J(^n  Knight,  I  conceive  tliat  the  House 
intende«l  to  proceed  to  such  Articles  as  may 
be  suitoMe  to  vour  honour,  and  that  the  ho- 
nour of  the  krogvlom  may  not  be  laid  level,  and 
your  member  acquitted.  As  for  the  first  Ar- 
ticle, *<  thai  Mr.  Seymour  had  directed  the 
money  you  ^ve,  for  another  use,  \c."  it  is 
n>rv  nt  that  he  lie  called  to  an  account  for  it. 
If  I  stand  up  and  say,  <*  I  will  make  fvtM>d  an 
article,**  coasider  how  it  will  be  made  good. 
Says  Seymour,  "  Not  one  penny  has  been  di- 
verted, but  employed  acconling  to  tlie  act  of 
parliament,"  and  proffers  to  produce  his  ac- 
counts. In  the  one  way  or  the  other,  consider 
well  what  you  do,  lest,  if  he  be  unpeached,  the 
Lords  find  him  not  ifiiilty.  Therefore  it  is  not 
enou^  that  a  gentleman  rise  and  sny,  he  wiD 
make  it  good,  but  be  sure  of  proof  for  your  ho- 
nour. 

Mr.  Harhord,  If  you  proceed  by  precedents, 
lam  sure  you  have  many;  but  the  question  of 
commitment  of  the  arlick»  was  not  first  put. 
If  you  put  the  question,  *^  Whether  there  be 
ground  of  Impeachment  upon  theto  Articles,** 
Siose  gentlemen  left  off- 
Sir  Nicholat  Car€u\  The  question  of  com- 
mitment of  the  Articles  arises  from  aif^ments 
of  the  honour  of  the  House.  But  no  man  had 
been  impeached  in  tlie  long  parliament,  if  that 
had  been  an  anpunent.  If  you  put  so  great  a 
tlJS(M)iiragemeiit  upon  momliers  that  bring  in 
im|>eachment5  against  great  men,  \>hat  use  are 
you  of,  unless  to  frive  money  ?  We  know  the 
condition  of  the  nation  ;  if  wc  go  this  way 
to  w«frk,  we  give  up  all.  You  must  mistmst 
the  lionour  and  wisdom  of  your  members,  that 
they  brought  in  this  chaige  maliciously,  if  you 
,Kfer  it  to  a  committee,  and  rest  not  upon  their 
undertakiDg  to  make  it  good.  Were  this  charge 


only  a  breach  of  the  letter  of  the  law,  I  y 
not  open  my  mouth,  for  every  one  ollnda 
what  became  of  your  money,  when  the 
should  have  been  built  within  the  time,  u 
army  raised  for  an  actual  war  with  Frano 
you  were  t(M from  the  bar,  ^'Thataraitf 
would  rather  be  guilty  of  forty  nmrders, 
that  it  should  not  be  a  war  ?*'  And,  yoa 
a  letter  was  produced,  *'  That,  abmit  ihm 
lord  Danby  was  treati^  to  make  the  kin 
butary  to  the  king  of  France,  and,  on  tha 
tence,  to  keep  cm  the  parliament ;"  ■ 
army  was  raised ;  for  aught  I  know,  t» 
on  tne  Plot.  There  is  evidence  enough 
if  you  do  not  impeach  Seymour  ^ive  u|b 

Mr.  Leveton  Oower,  I  diffor  in  the  i 
but  not  in  the  end  ;  when  a  member  did 
up  and  say,  *<  He  vnll  undertake  to  pr» 
charge,**  and  yesterday  another  stoi 
(Kingdon)  and  told  you,  '*  He  believed  tl 
trary,*'  and  another  replied,  '*  Kingdo 
as  criminal  as  Sevmonr.*'  Keeping  i 
army  was  a  mat  ftiuh,  after  the  act  fb 
banding  it ;  but  in  the  act  for  diibaiidiiigj 
paymg  it  off,  there  is  a  danae  of  indn 
Next  It  is  said.  '<  If  the  Artidea  be  reftne 
committee  to  examine  the  proofo,  will 
maybe  menaced  and  taken  off.*^  fint 
it  miglu  have  been  in  the  commktae  fo 
Plot ;  Bcdlow,  Gates,  Dugdale,  te.  i 
have  been  taken  off.  One  en'  the  evida 
said  to  be  a  man  worth  10,000/.  I 
der,  such  a  man  should  be  bribed  or  ma 
Be  sure  of  the  proof,  else  the  honoor  i 
House  is  exposed.  Is  not  all  the  evidfi 
the  bar  against  the  Lords  in  the  Tower  k 
and  printed?  shall  we  be  afraid  to  ahm 
evidence  a«unst  a  I^rotestant,  a  man  of  fi 
and  not  afraid  of  evidence  against  pepii 
am  for  committing  it. 

Lord  Cavendish.  You  are  moved,  "  Th 
clmrgemay  bereferred  to  a  committee.**  1 
for  no  other  reason  but  that  the  matter  < 
prizes  may  be  examined.  Persons  at  a 
mhtemay  say  things,  and  retract  them  a 
but  those  against  the  five  Lords  in  the  * 
were  past  retracting ;  they  were  all  upon 
If  that  be  so,  committing  the  Artidea 
way  to  have  them  fall  to  nothing.  W 
doubt,  the  Articles  are  criminal,  aiM  a  bre 
two  acts  of  parliament.  A  member  has 
**  He  knows,  that  part  of  that  monev  wi 
employed  for  building  ships,  and  tnat  3 
kept  up  the  army.'*  On  the  other  aide,  a 
ber  siK>kp  positively  to  one  iVrticle.  If  tl 
nour  of  the  House  be concenied,  it  mayl 
dicated ;  but  I  cannot  imagine  that  the  ft 
of  two  members  that  asserted  the  Artiek 
be  exposed.  I  cannot  suppose  that.  Tfa 
tides  are  criminal,  and  undertaken  to  be  pi 
And  there  Ls  ground,  to  me  sufficient 
in  the  articles  there  is  matter  to  impeioh 
mour. 

Mr.  Dultois.  There  must  go  a  great  1 
blows  to  fdl  a  great  oak.    Here  are  higfa  e 
chargetl  upon  BIr.  Seymour,  and  oflmd 
proved,    llie  issue  is»  Whether  apon  ttl 


mi 


149]      STATETRIALS,  KCbaklBsII.  l6fiO.-^£dii>ard Sej/atimr,  eiq.        HSO 

|M«aEidit  BiUavenf  If  theUst 

jiMlUNlainekUMgn',  I  wouU  not 

ihmk  kacMC  &r  S\d.  Tbe  mouay  for 
tmi^ikiifi,  ftOBtA  with  m  nuuy  cImumi 
taAiM^lM.miiU  MtliBTe  been  diverted. 
IhniiUmi^intbeflrat  kO,  Iwi  not  in 
A>  Ik.  He  at&  ot'  Kiii|^'a  acgitive 
■riiMaiklbefi,  wOnotbeput  in  competi^oD 
m/kwAman*.  If  Seymonr  be  inclt- 
■Hlli  lifoj,  be  ii  ready  M  bring  in  ubi- 
kHjMOMtf.    I  Mn  for  impcftduiv  hini 

blflfaaAiiiM.  In  thim  cue,  yon  «re 
■MMMnMcaton,  and  therefore  I  hope 
jm^wAfmmJK  of  it.  If  you  proMCuie 
viq^i^kmlkTWyiU,  and  therefore  ■ 
■■■MlMniaifleaBjt  of  bin  own  pMidon 
kdipHHOiM;  RAouMhe  louo  ill  end, 
■lAndMHte  a  monl  anurucool'the 
■■hefAethngW^  IdettotMethatindiutry 
■rijAwkORtbechugebewellKroiinded. 
flMM«hBanbcr(Kw£doa)tpedu  actu— 
PW''  fif**!  loo  mcmban  apeak  their 
tkm^  isitmn.  If  thia  biwiiiesi  come 
UmtitJMtk,  &  wiU  be  abMlved  b  this 
Mabn  bnf  pMitive  proof  from  one,  and 
«*rbi«H&Mtwo. 

_fc.  !»»*.  FiUn  and  truth  are  raMly 
AfaMS  Mwha  fiUty  i»  in  a  fine  dreas,  it 
■■■>"■•-  ,I"ual  6nrt  full  of  fear,  ieat 
'     '        It  making  good 


4«iiilrfElto 


la^MAiBauK,  tkequalitv  of  the  conipi- 
ft**  fcg  aninher,  and  utal  the  Houae 
*'nni^j  TiMNewithotttdoort 
Idact,  who  arefbr  tnpcach- 
(,  your  pnipB'  queatirui  ii, 
-""T  in  the  Arades  be  a 
Seymour,  Hcc.  ?" 
but  in  the  nature 
jury.  To  what 
W  BtnaiM  giro  the  oommitlee 
^■■V  if  M  eridence  ?  Let  it  be  known 
^MlWpanlumju  befcre the Lowh.  hi* 
of  your  memben,  to  refo 
antrnfttM  Ut  befrOTed,but 
igainMlbe  utethod  of  [wr- 
it carry  it  t»  anodier  |ibce, 
^  —  .--  diaoovar  the  eridnice,  and 
*'"i  fi"  iiruMcr  b  not  to  know  the  evi- 
■M-  Bui  hi  itAr  it  to  a  committee  to  hear 
•gkinat  all  law  and  method. 
t.  II'  1  wae  of  opinion  that  the 
■'  ItouK  waa  cnncemed  in  it,  I 
ily  lie  a*  ewer  aa  thoae  ffcntlemen 
iiiU  thii  laaige  abould  vo  to  the 
«  u  paM  a  oonunittee  here.  It 
~  tf  miafbrtUM  to  the  Houae,  if, 
I  of  partiality,  the 
u :  Iherefhre  1  iiball 
■iAai^baifaK  yM  put  it  to  lo  great  a 
L  ilk  JMurtct  t»  the  Houae,  and  your 
««ha  hM  bea  a atahna aaaertor  of 
pi  rf'dM  CaHUMOB  m  the  matter  of  the 
•  kltaf  mfon  than  to  judge  original 


caiuea.  Your  right  in  canyin^^up  the  looneyr 
bill  he  ligwDu^y  avuened  :  it  is  a  JuHtiee  you 
owe  him,  not  to  expose  him  to  that  tribunal, 
wttlwut  ev^eooe  first  beard.  The  evidmoe 
Kill  all  be  exposed  to  your  cenuiie ;  there&i* 
examine  the  grounds  of  the  charge.  I  riiall 
not  speak  to  precedents  of  impeachinenia  ;  but 
there  i>  a  considerable  diftereitce  betwixt  im> 
Teason,  and  ^liBdetneonD<^  It 
becaiue  iii*  trraaon  is  ibund  by 
the  Lords,  that  therefore  no  misdemeanor. 
Piecedenta  are  express  in  the  case,  as  that  of 
ur  William  Icon's  impeachment ;  ami  you 
will  hardly  find  one  preo^ent  of  misdenKtinor, 
"^  '  ■  one  in  a  contrary  way,  but  has  been 
at  acominittee.  Wiere  the  matter 
chained  and  the  proof  was  presoited  t«  the 
House  at  the  same  time,  as  in  the  case  of  bml 
Dauby's  letter  to  Mr.  Montagu,  there  was  no 
need  of  ivitneases.  And  another  reason  is, 
where  a  gmtleman  undortakes  to  make  the 
charge  gwd  upon  bis  own  knawledge ;  that  ii 
much  diflbrent  trom  the  credit  of  olhen  ;  that 
iu  not  girinff  credit  to  your  member,  but  to 
peiaons  not  known.  I  will  iiM  reflect  on  the 
creditoflbe  proof  undertaken  by  yourmem- 
beiB  ;  but  I  niubt  say,  you  Iteard,  on  the 
other  side,  tlie  tetitimony  of  a  member  (King- 
don,)  if  not  all  the  conMecaUe  circumstanoea, 
of  hu  own  knowledge.  I  am  sorry  1u  hear  it 
olgected  against  his  Icslimony,  "  that  be  is 
purtiitpt  criminit ;"  if  ao,  1  fear  you  wiU  want 
mort,  if  not  all,  your  testimony  M{aiDSt  the  five 
bmls  in  the  Toner  ;  which  is  so  far  from  inva- 
lidating tlieir  testimony,  that  it  confirms  it. 
Not  ti)  accuse  himself  to  excuse  snotlier.  In 
the  iiupeaclunent  of  lord  Strafford,  when  sir 
William  Pennyman  was  brougfat  by  my  lord  10 
slww  that  his  words  had  been  otherwise  than 
they  were  token  lo  be  in  the  impeachment, 
viz.  "  That  the  king's  little  finger  should  be^ 
bearit^r  than  the  luins  of  the  law,  *tc."  one  of 
of  llie  impeathmenl  told  sir  Wil- 


themanaireniol  llie  impeacht  . 
liam,  "  He  did  ill  diacliarge  liis  duty  \> 
Commons  (being  a  memDer)  to  auHer  iob 
House  to  run  upon  such  a  mistake."  Hss  not 
Sf^mour  done  your  servicv  worthily,  and  1 
hope  you  will  as  worthily  eoiiaider  it,  in  your 
manner  of  proceeding  with  him-  Tliat  matter 
alledged  gainst  Seymour,  "  his  dextenty 
when  he  cast  his  eye  about  b  the  long  pHis- 
ment  to  tell  the  House,"  is  not  in  any  one 
article.  You  may  see,  by  bis  accounts,  the 
money  received  and  the  money  luiid  ;  and  the 
navy-lioard  must  U'  his  vuuchcih,  and  lliuee  he 
willproduce.  If  Seymour  must  answer  for 
the  faults  of  all  men,  there  is  (ffound  for  im- 
peachment. Therefure,  upuu  the  whole  ex- 
amination of  this  case,  before  it  go  to  the 
Lords,  no  Direction  can  bn  against  mi|iuiil- 
ment.  I  do  conceive  that  the  act  of  jiarlia- 
ment  fur  building  the  shius,  Sec.  does  ini|io»er 
tboae  aceouiits  to  b«  taken  by  the  Huuse  of 
Commons,  iii  an  expre«s  clause.  Ireiucnibcr, 
ill  a  disuute  betwixt  the  LiinU  aiul  Cuminons 
about  tne  arcnunting,  dec.  the  I»nl9  are  ex- 
idudcd,  anil  you  ought  tvgulariy  to  recave 


151]         STATE  TRIALS,  32  Charles  II.  l6SO.--Procetiingi  ag&mtt         [ I5f 

if  it  had  sat,  (as  some  took  care  H  ahmild  Mt, 
hy  (lisaolrin^  it)  by  the  person's  eridenoe  wla 
wus  employed  m  the  things  thenudfi 
Tliey  tell  their  story  with  cohereiioe»  and  pit 
reasons  why  they' may  be  trusted.  Hoaerf 
this  nione^'*  xsna  empjoj'ed  for  thearmyiil 
koc'P  it  up/  But  others  say.  by  circumiluidHi; 
\s\\c  believe — You  are  told  by  JenkiBi  tf 
**  facto  proprio,  Vr."  I  think,  KmgdoB  ■ 
under  sii^pi'.Mon  of  the  same  thing,  aiM  itaa 
natural  suspicion  (»f  this  gentleman  to  hei^ 
ciisetl  for  TiMiiey.  ^o.  And  should  not  I  tikkk 
xhat  if  m\  neij;iiboar's  house  were  od  fire,Ai| 
my  o\\z\  ^vas  in  dani^cr  ?  And  that  is  K^f 
don's  case.  It  is  natural  tor  men  to  be  i 
rates  fur  fault*,  that  they  may  be 
tor.  1  think,  there  is  ground  lor  im| 
tho  fac:  beinc  criminal,  and  will  be 
Tht>  ihiii^  it^Hf  makes  the  tact 
you  ha^e  no  suspicion  of  the 
dertaken,  because  Kingdon  speaks  in  hudim 
case,  it  has  been  well  ohfccted,  '^Tkifttk 
freat  {len^n  that  has  great  power  can 
N?  punished,  if  e%iilence  be  brought  totfae* 
minee;**  therefore  I  desire  evidenee 
not  b->kn«>un.  fh:>!  art,  force,  or 
t*omipt  nr  i.'in'V  fnim  ginne  their 
The  com nv.rt. -oVf  socivcy.  5ie  last 
Witt  onl\  iMK»Hi  sn ;  all  they  did 
publicly .  I  ^peak  it  of  nn*  own 
and  auii>n:r«T  kjK>W:n:T  men ;  coDSiaiitly, 
oisfht.  1  r.!  Ilanby  had  inteili:rence  of 
was  i^'»ni .  Finoh  teils \ *mi,  **  That  hy 
rity  irin\  i1v;t>s  uor?  hn^ki^ht  under  ibei 
ttr  '^t  thi*  r.n.i-lc  n"  the  m"!iey,  ^c."  And  he 
toi^k  i<oas:-.«!i  to  ir..2;jiiify  S.\\  iu«Hir,  Sec.  If  ths 
witatss  affunsi  the  k^ris.  b^m^ pu^tueps crasi- 
Hif.  had  ::-  «ne  a-.«ni!  tn  »-xcuw  what  the  hrii 
hatld^yi.;.  h  «\h;M  be  no  <  «Mupetent  crkiEBCB ; 
but  if  Kii';:>v ".T  iMil  3*t-:>e  St'^mourhe  ist 
iVknr^ittent  e^U.-HV.  To  corooiit  thischnib 
i<  :^  li-a  :t  »■  iV.t'  j,m'  i^f  the  House ;  TbuiMi 
;HLttl:c  v-.:->L''^.  *-  FiKit  tLwre  is  matter  of  !■- 
'>"achny :  \  .•  '}-^<t:  iriic.ts. 

>!7  H.  V.  I  ••  i.«  prwien:  at  the  Impcack- 
n-.vT.i  .*?'  .-o:  t*  i--!-.>»r.  Yesterday.  I  heaidt 
r.itu  V;  ss^i\.  '-  T..  iTi-:  that  uupestchment,  ti 
r»*r%  jr«.,:r-  ji  !TwvS  r  »i.d  nse  and  saT,  *•  I 
w.!i  XAx.*  iiiji:  i-Tv.'-.**  'j»^ .! :"  and  for  that  iMh 
Si*",  I  ivA  '.V «*  ic*-->i  tius  way  of  pn^ 


that  acTDUht  in  the  House,  nnd  to  let  a  com-  ' 
initttv  examine  it.     If  thb*  be  so,  rectMvc  the 
first  motion  of  iMumiiittini;  the  Articles,  and  so 
you  niiiv  nx-eive  the  nrc<»unts  in  tlu'  House. 

■Vlr.  HurintnL  Tlii'n'  is  a  n»ricctinn  u|>onme,  : 
of  ••  dcxtiTity,  Sec."  ft  is  a  tinrible  expression,  ; 
to  fri;rht  a  p:t'nilt>ui:iu  fn»m  his  public  duty.  1 
will  nrv(*r  decline  niv  c*ountrv*ssor\ict\  nor  do 
I  C4«vct  S\vmo!ir'spln*'c,  no/cnvy  him ;  there- 
forcl  lio|M'  vou  Mill  net  sufTora'uian  tJ»  h*»  re- 
tlwicil  on,  til  at  a  thin«r  i<  dt»nr  w  ith  •*  ilexte- 
rit\ ,"  «IuMi  it  is  dene  with  sincirity.  You  are  j 
told  by  S«'vuM»ur.  '*  Th:st  \*  liat  lie  has  d»»nr  j 
was  luit  without  the  .ippntbmion  of  the  Com-  i 
mi<sionersi»fthe  n?.vy.**  There  m as  a  ir^'at 
stni««rle  hi*tu  i  \t  h<  lu  *  and  the  ( 'enuuissioners. 
\c,  'nien>e.eh;iiits.  iimlinu  S«\\iuour's  credit 
anil  |M\vir  ttv"»  l»i;:.  fetl  ujwn  theUminiissioners 
ot  ihiMKivy.  Sty meur  h;u!  iit<:t ructions  not  to 
p«y  any  nioiuy  wiih.kut  warrant  fmni  the 
c«»nMU!s<iert  •■s  'of  ilie  vzvy.  Tlie  inerehauts 
said.  ••  That  the  i-Mnniis^ioiMTS  had  told  thctn 
they  \l^^\  onUnsl  th.  r  uionei",  but  S^'yunnn- 
w:.<  ii,>r  r,^,|v  |o  pny  jr."  But  (hereaso'n  why 
S.*\nunir  voull  \wt  oS^y  the  cotumis»ionefs 
onler,  w  as  thai  he  th  sms«>t  them,  ami  came 
!".»!  to  them  in  some  n^MitliN  I  have  the 
|«|Mrrs  t»i  pntvo  ,V\  ntonr's  Apiwer.  ami  tlw 
(\Hnmi<sioiii«TS  Ueply  lo  it.  (Th»»n  ho  spoke 
ef  \\\<  n  fiisiiisT  lo  sTon  a  c«^nveyancp  to  lortl 
l\v.ili^k  of  fluids  from  ilie  kiiic>  A-itowhat 
KuixK  <aid  of  ••  dcxter.rv,  \o."  I  never  voted, 
ui  anv  tvuueil.  ••  Tbiu  th.«  d^di^e  %>f  York 
sl»»nilJ  stay  ni  rn^Usul."  when  he  was 
tUvnuxl  ai»  t*ne«ny  xo  \\w  naiiep. 

>lr.  F:i-}..  W  iu'.  Ma'-Upr''  rr-.lunl.  1  diil  roi 
kiHiw  Tii^  maner  b^twiu  S'wvour  .vvi  th»^ 
r.*\^  -l^^V..  I  d.*  vi\ .  the  n.;\)  ->KLnl  !">!>Ur> 
*i*«»*hers  to  Sexmo'.ir's  aiViMV-.T^i",  ar..!  the  K\- 
i'h>;ikT.  it' 111;%  i:r..l  r.r..».  u;!  ?-...{  dci.v  tht 
■^ivr.  .\s  I'l.v-  Il^riXYirs  i»*ii-:r  even  wiili  uk 
ia  th«*  Asivrs^^n,  ••  That  I  w?.-; irv  »'f  ihi>«fc'  iha: 
ivta;-wjl  the  I'.uke  in  Erclaiui.'  I  cun  Tusrif) 
it'vsvtft*'  <\tTy  rHMv'v  r.  -ivi  siie  n->iX  i.4r:.il. 
I  w:ts  ixs  r'  r  :r>^  "  :  t'lK  :v  !l:>  h  js:  U- ».,  «.i=:o- 
tily  th«-i-.!<lits  ti*  i!*.'  iK>  -v.  1  .». «  ;h--./K  v 
was  :taxv!KI-^  :r,f  i».:ko  >:i  *;.;.?  >•  aS«*nt,  j:^i 
had  s^vllr.:^  f.  r  it,  li!  iIk*  ei-.-^.^^n  ■'?"  the  pat- 
lianieitT.  • : -.  I  wv-s  sa:-.*:>*.*  i  »:--.  .t  k.'^n 
that  "  e.  \:rr'.-\  '  wi<  ^  ,-  .. , .  ^^^t  .m;  w:  :.ru 
to  e\^v-s^'  Hirb».«^?  ♦'■^»!n  •  .a:  ^     •'.•■. 

kQo%i    :  v'f    wti^  »»:'.:^T    i»a\ 
B.»*r  :n  :•!'*  :tM[:*"f.  *^.:rt»  I   .-"^si  :<r  he'»  ^ito* 
•vwttt!  \k\'.. ?'s's>* >  ^ :••/  I  ■ "  ■>  ji»- ^  V *  '^  rs  b  i *  e  .vx''* 
I  iw««TsaH  b\  s  Vrv>!**.s  "hj?  *»e  .\:«vv  »w*«*»w. 

^w  tt\:.;VrsK  st.v«cr  •■■•^■jv'-.  l^  '"*  i^-.  \t?  w. 
**«**i>f  nx's  ?■'  >  ■>  •  ■-  t."'.'  i'-.fv  ■,""*.x^".t  ;  "'v 
^^Jiy   *:i    ;3c    -..".^  ■•.■.-.       !•■   :U*-   i^  ■;:   V 

y?U.fiA:  J.MI  S.:K*f\:  \    -  v:<  jfliX  ■vk-»j;k-;vc: 


■•.IV     V"^*!- 


t"av.  wn  tne  arrv-V  h-'  ur.j^^rcvt  io>  pnwe;  he 
ow .e*'.  ue  wx*  AS.Sjvii by  di«  ^* Hfeocp.**  It wm 
*  Ir^irx:  vm<»\  itw  '.vx^wivjc^  ia«T.aiMi  I  tkiflfcil 
wil  Sf  'i*'  PAW .  It  he  wvw  :>t  £Tvatesi  cneny  1 
'.  d  -.  I  i*u'  Wv«r.c  :  dnti  ii:kretV.>nf  I  am  lorcHi- 

M-   i.-rv.  I  «>£'  <cv.»iE  .«r>'T  10  die  qmitiw. 

If"  I  » r^  "••" * •<«.>'•:    z  -Jnf  -r-is<^  and  v^uirr rf 

I,  I  's'vvA'  -*c  "v  j^i^nss  r^Hrtmaatat.   I  Inn 

•Y'H^N*-'  "^'^  :•  <''-*-'r\ .  STE*-^  ittsa  aesht«  airtif 

.>rjv "« i "  ■-■*'  *  f  •  »*  i> '. S«:  «.•- .  ■  ■  Now  ^-oti  hsn 
'^  i.'«»  :  •*■  %.  *  I.-  ♦>«  -\'  Ki.  T»v  lit*  h««tv>ur  of  the 
U  ■.  ^  y«     li^e  r  •  *-h«^   wSifTh  xn-1  whea  ths 

»•«■•■••«%.  i»i  «^  'T'H^'v  '?^i.  isti  ■>«■  wf 


iT  a. 


.svif.  -  TWt  is 


133]        STATETRIALS,  35  Charles  II.  iGSO.-^ Edward  Seymour,  esq.        [154 


ihr  way  to  inralidati:  all  your  tettimony,  by 
poUfekhuig  the  fiTtnessei,  who  hy  corru^ion  or 
mmop  nay  be  taken  off." 

yUr.  Trtmckard.  I  clesireyouwillkeepf^icrt- 
lv  lo  the  question.     In  the  caae  of  lord  Claren- 
M,  the  House  had  not  no  great  inducement  to 
inpearfa  ai  now,  because  members  did  not  un- 
make the  proof*  of  the  charge  tlien ;  tlicy 
kid  oidy  inducements  to  believe  it.     Money 
■Mint  byHcymnur,  and,  consistent  with  truth, 
■rt  knt  to  Kioffilon.     In  an  imneachmcut  of 
onglit  to  be  more  tender,  than  in  a 
barely  of  mi^Mlcmeanors.     When  gen- 
ido  andeituke  the  proofis  fnf  the  charge, 
■  iiaAiparafvement  to  the  members  to  refer  it 
*•  A  cammittee  to  examine  evidence.     You 
■Maot  put  discmirBgcment  upon  your  mem- 
kn,  lea  yoa  lay  out  measures  for  the  future. 
Hkmtbe  duke 'of  Lauderdale  was  charged, 
iwi  ifter  the  parliament  was  prorosfued,  you 
fcwHi  one  of  tlie  witnesses  Iwught  ofi',  and*thc 
sent  to  the  Tower.    If  the  Ijonis  find  not 
;^,  the  diminution  is  of  their  honour, 
and  It  is  no  more  than  a  petty  jur}' 
Ml  HadiBi^  the  person  guilty,  when  the'graiid 
/■y  has  limnd  the  bill.     I^^ay  put  the  qnestion, 
**  Thrt  there  is  a  matter  in  the  articles  to  im- 
poKh  Seymour." 

1%  Tho.  Lee.  I  know  not  what  the  Jjtmh  will 

«T  capctTuing  the  Ship  and  the  money  in  the 

divide ;  hat  when  matters  are  reiluced  to  par- 

I,  yon  pre  obligetl  to  consider  the  act  of 

nly,  whether  the  crime  be  panloned  by 

'  *  You  are  bound  to  take  notice  of  that 

it  is  plaiidy  expressed,  **  Hiat  no 

ihall  be  impleaded  for  what  ho  has  done, 

to  tho  army,  5cc.  by  that  act.** 

ffe  Wi/liirm  Jorifs.    In  |K>int  of  law,  every 

^^hiwng  the  goods  purloined  and  cm- 

ii  an  offence,  and  the  art,  &c.  does 

the  goods,  the  indigo,  ice.  of  which 

was   made.    Take  it  oi*.e  way  or 

r,  the  question  is  at  an  end. 

Sv  TkoHun  Lre.  1  desire  only  to  know,  whc- 

dtor  a  particular  exception  does  not  explain  the 

(fir  /v.  Winnin^ttm,  Look  into  that  act  of 
WiBB  which  passed  some  time  belbrc  the  dis- 
■miB|f-act,  and  \ou  will  find  abundance  of 
in  it  fur  the  benefit  of  great  men.  I 
be  very  loth  to  put  an  article  u|Hm  Mlev- 
r,  that  is  already  pardoned.     Seymour  did 
Thouifh  haply  he  might  be  panloned  by 
U  he  wouki  not  shelter  himself  under  it.^' 
to  that  particular  relating  to  purloining 
I,  or  any  corni|>tion  in   his  office,  if, 
think  that  an  argument  probable  to  im- 
1  kive  tlie  gentleman  so  well  that  I 
hardlv  arime  him  to  plead  it. 

'  Arch.  I  will  not  take  notice  of  par- 
«iB  geatfanens  pockets,  but  that  act  of  par- 
taken of.     I  said  formerly,  u|ionthat  act, 
MB  it  was  wdy  for  the  sake  of  some  f^reat 
na."     If  hwyers  say  that  Seymour  is  not 
to  the  prizes,  &c.  by  that  act,  put 

put,  That  the  eonsklera- 


tion  of  tlie  Articles  be  referred  to  a  corauuttee, 
it  passed  in  the  negative. 

liesoived,  "  Tliat  Mr.  Seymour  be  im- 
peached upon  these  Articles,  and  that  a  Com- 
mittee be  appointed  to  pi-epare  the  said  Im- 
peachment.'' 

Mr.  Harbord.  1  have  set^n  no  other  prece- 
dent of  commitment  upon  a  charge  of  misde- 
meanors, but  that  ol  sir  Giles  Mom|>esson. 
The  House  did  onler  liis  commitment  to  the 
Serjeant.  I  desire  the  loiii^  robe  may  consider 
of  it. 

Sir  Christ.  Musgiavf.  Way  call  for  tlie 
Journal,  and  see  the  proi^ent  of  sir  William 
Penn. 

Mr.  GarrOKay.  We  have  not  been  frequently 
troubled  with  iiii|»caclimcnts ;  but  iu  the  last 
parliament,  the  case  of  the  im|K»chment  of 
lord  Monlaunt  and  sir  William  Pcmi  was  ibr 
misdemeanors.  That  of  lonl  Clarendon  was 
another  case.  In  this  you  cannot  extend  the 
impeachment  farther  than  the  articles. 

^ir  Thomas  Lt:c.  L'uIcsm  you  \wll  do,  in  this 
case,  mure  than  has  been  done  in  any,  refer  it 
to  a  conuuittce.  Consider  the  precedents  of  sir 
Giles  Mompesson,  \c.  Ik^cause  nobody  would 
be  security  for  his  forth- coin iLg*,  anil  no  con- 
fessed the  fact,  he  was  imprisouod.  Is  there 
no  diHerence  lietwixt  misileiiH'anor  andtrca.sou  ? 
But  1  will  not  enter  into  the  debate,  but  desire 
to  know  the  coin-se  of  all  |»arliainents  rehtiiig 
to  prece<lonts.  Li't  the  fact  Ik'  plainly  before  you 
and  do  what  you  will. 

Sir  Fr.  Tl  mnin^ton.  Be  careful  not  to  go 
from  the  rules  of  right.  I  appeal  to  you,  if 
an  iufonnation  of  luLsdenunuior  Ix;  against  a 
man  in  an  inferior  court,  whether  they  do  not 
imprison  the  party  till  they  shall  thiidc  fit  to 
bail  him  ?  I  bi*lieve  there  are  several  prece- 
dents of  ineiiibi*rs  couiplaincHl  of  here,  that 
have  In'cu  committed.  Sir  John  JU.*nnet  was 
taken  into  custody,  in  onlor.to  have  an  impeach- 
ment drawn  against  him.  Seymour  beinif  com- 
mitted to  the  Serjeant,  if  he  sa^',  **  I  desire  to 
be  bailed,**  he  ought  to  be  in  a  court  of  record. 
But  I  take  it,  there  is  more  value  from  an  im- 
peachment (»i'  the  House  of  ('ommons  that 
sounds,  of  grie\ance,  \c.  It  is  not  the  judg- 
ment of  the  House  that  he  should  remain  in 
cust04lv,  but  for  so  small  a  time  till  the  iui- 
{leachmeiit  may  be  drawn  up.  Hiirhor  prece- 
dents than  thosc^if  the  lung  {>arliiiment  nuM 
Slide  yim  ;  that  so,  if  he  stand  conunittcfl  till 
e  impeachment  lie  drawn  up,  he  has  no  wrong 
done  him. 

Sir  Chrii.  MitufiraTe.  I  cannot  agree  to  refer 
this  to  a  committee  to  examine  Preceilents,  and 
in  the  mean  time  to  conn  nit  him  ;  wliieli  is 
first  to  commit  him,  and  then  to  examine  pre- 
cedents of  commitment.  1  nonlil  know  by 
what  rule  you  commit  him  to  cuKtcHly,  if  the 
crime  lie  bailable.  If  he  offer  bail,  the  Hoiitie 
of  Commons  cannot  bail  him.  liCt  us  that 
complain  of  arbitrary  courts  take  care  that  we 
be  not  ofienders  ourselves.  Ik;ing  a  member 
of  this  Home,  you  cannot  dii'est  himofthepri- 


«lbere 


151}         STATE  TRIALS.  3*  Charles  II.  iSiOi—Prteefdhgiagi 

vflepfB  he  buout  of  the  House.  Pray  vidk  in  Kvcb  f«  preoedenU  ot  niinwiiwiiiii  fran 
vtT\  steps  In  this  nmtter.  Tbis  nuumer  of  pro-  atteodance  in  parlianHoL"— "  Orteed,  ' 
cee£iigiii  not  for  your  honour.  he  be  MupendM   whikt  the  Irnpeacluiia 

Sir  William  Joaa.  In  ^  our  proceedings  we    •■ ■*■ —  " 

are  lu  well  to  satisfy  our  own  coneri^iw*  as 
other  mens.  I  amyet  hut  young  in  pariiameut, 
but  what  mnvK  me  is  reama  oflBw.  If  a  man 
be  accuaed  of  crimen,  there  is  not  a  i 
sbould  be  in  cnatody ;  it  may  be,  in 
is  danger  of  AighL  If  hebeaeciued  of  capital 
Crimea,  the  man  may  ruu  awaj',  anil  hazard  bii 
nalBle,  to  mtb  bis  life.  In  aome  capital  cases 
a  man  cannot  be  bttiled ;  but  in  most  cases  bail 
piay  be  taken.  It  is  iiaid,  "be  may  go  any 
if  not  imprisoned;"  so  far,  it  may  be,  wed^ 
vre  it  i  but  the  reason  and  prartice  of  all  olbei 
eonRi  ia  against  it.  I  desire  only  that  your 
■MCfldeaia  may  not  outgo  all  othio'  Coucti  of 

Celand  Ttha.  If  yon  do  any  thing,  and  hare 
MO  nreceiletit  fbr  it,  Hevmour  will  have  all  the 


honour  be  ezpoaed. 

oieocea,  ptay  let  preoedenti  be  searched. 

Ordered;  "niat,  the  searchii^  for  Precedents 
coaceming  the  committing  a  Member  lo  custody 
vben  impeached  in  pariiament,  be  referred  to 
the  Committee  appointed    to    dnw  the   Im- 

Decenditr  IT. 

Sir  William  Pulteney  reports  irom  the  Com- 
mittee to  whom  it  was  referred  to  prepare  the 
Impeachment  agaiQst  Ed^i'anl  Seymour,  esq. 
n  member  of  this  House  ;  and  to  search  pre- 
cedents touching  tlie  Imprisoning  of  Members 
of  this  House,  nhen  impeached  m  parliament; 
Hiat  ibe  eommitlee  bad  directf^  him  to  make 
a  special  report  thereof:  Which  he  read  in  bin 
l^ace  ;  and  afterwards,  driiTercd  die  same  in 
at  the  cleii's  table :  Where  the  same  was  read ; 
and  is  as  fallows : 

**  The  18th  and  imb  king  James,  air  Giles 
HoDipcMon'scase^  whowasGOnimitted  by  the 
House  to  die  Seijeant's  cnstody.  He  made 
his  escape,  and  a  proclamatini  was  iasned  out 
from  the  king  to  apprehend  hint,  (he  reads  the 
IVodamatiaa)  he  being  committed  by  order  of 
the  HouM,  to  be  soit  to  the  Tower. 

"  Sir  J<din  Bamett's  case,  who  was  Judge 
of  the  prerontiTe  court,  in  the  IBth  and  19th 
ILjaoKs:  Reatdved,  That  the  dieriff  of  Lon- 
don do  Mcure  his  pemn. 

"  Kr  William  Penn's  and  Mr.  Bmnkard's 
case,  as  in  the  Journal  1668 :  Penn's  runs  thus: 
"  13  April,  1668,  Onkred,  That  Penn  do  at- 
tattd  the  I4di.»  And  dien  there  is  n  Narrative 
*   ~      '  lemeni   of    Frise-GoocU. 

Thursday  next  he  make 


to  Moaint  Peon  with  this  order,  and  Penn  was 
tB  dehTcr  hia  answer. 
"  A  Immi   from  die  cwiimiiiMWis  ofac' 
I  waaread,  and  the  etidoiGe  was  read; 


■•<*imd  to  hsdnwn  up  against  hiB,  and  to 


"  Mr.  BrunkanI  not  beii^  to  be  fmmi 
tus  coBtonpt  in  the  wari^  the  Jutioe  e 
Howe,  Ordered,   That  be  be   cxpdM 

Mr.  Harbord.  The  piccadenis  mwwted 
sueb  as  the  House  ordered  to  be  ann 
which  were  none  but  OMamil 
peacbments.  Mompesson  ' 
the  se^eant,  but  he  brtdu  fraa  that  can 
and  (be  Lords  ccnsnrad  him;  they  dtgi 
him  from  his  knighthood,  and  fi^'tirhini  a 
of  numey.  BeonetMrred  fiir  the  unirc 
of  OxfiMd,  and  w«  jndge  of  iho  prang 
cout.  He  tetk.  great  aami  of  iudb^ 
bribes ;  he  likewise  waa  tuned  ei*  «l 
House,  but  being  sick  aad  infinn,  was 
mitted  to  stay  at  his  own  Ihmbb.  He  wa 
dersd  to  be  coar^ed  to  the  Ttnrar  by 
sheriff  of  London,  or  to  take  aecHnqr  limn 
for  his  appearance.  Ihere  are  two  odter 
cedents  in  the  late  hmj^  p'*"''"lWi  1 
was  accused  by  the  commwODn  of  noei 
of  taking  prize-goods  out  of  an  Bait  1 
ship :  he  stood  up  to  justify  hhoMif  fi«n 
artides,  and  was  suspended.  PrecefcH 
fximmitmcsit  were  aenrahed.  HasnpanM 
away,  fitc.  Bennet  was  not  cnsnaitted, 
Brunkard  was  aecnaed  for  csnsing  die  di 
ship  to  strike  sail,  when  the  fleet  waa  in 
suit  of  dte  Dutch.  He  did  nut  atteod 
House,  and  was  expelled,  and  articles  wan 
hibited  against  him.  Asftrtheaiale  of  I 
mitment  m  general,  I  find  |wecedents  andi 
of  commiimcnl  for  crimes  of  much  leas  na 
as,  for  speaking  scandakMsly  erf  acts  pai 
19  king  James :  Mr.  Shepherd  said,  *' ' 
the  bill  for  the  better  ke^mg  the  Loid'a 
was  rather  like  a  gin  against  Ihe  papista, 
acakist  (he  Puritans."  Wbetherhehadai 
clination  to  farour  popery,  I  know  not. 
did  not  explain,  in  his  plai-o,  tDgiTesatii& 
totheUouse,  and  waiexpelletT  Sr  £da 
Sawyer  was  the  Ling'n  Mrraut :  he  exi 
douUe  to  the  bonk  of  rates.  Herrttf 
Dawes,  &rmers  of  the  customs,  wen  < 
manded  to  come  to  Whitdiall  to  diseomM 
matter.  By thedukeof fiuckingfaam'a&i 
Sawyer  came  tothe  House,  andlbenwcn 


'liament.  Dr.  Parry,  in  ^ 
Stc.  For  a  hundred  years  last  past,  preoe^ 
are  rlcar  of  cran  mitment  of  persona  impcoc 
UpoB  the  wbok  matter,  I  more,  "  iW 
wUl  commit  Sir.  Seymour  to  the  seneanL 

SitJat^TrtdtuMam.  I  did  attewTlha  c 
mittee  that  you  ordered  to  senreh  fbr  pr 
deub :  the  matter  has  been  evened  by  I 
bord  ;  give  me  leare  (o  express  it  mora  fl 
and  to  hare 


STAT£  TRIALS,  32  Charles  II.  l6%0^^Edumrd  SeymouTy  esq.       [159 


eofgiienuioa.  Mompesioii  was  cbtrved 
le  moQopdy  of  lioensiiM^  inns  and  ue- 
s,  &c.  He  confessed  nis  crime  itahe 
lioee,  and  before  the  Home ;  and  the 
daj,  upon  the  report,  the  House  re- 
.  to  go  up  to  the  Ijords  to  impeach  him  : 
and  not  tiQ  then,  he  was  committed.  He 
■ed  the  crime  he  was  charged  with,  and 
mr  of  flif(fht  he  was  committed.  Sir 
rd  Coke  ddirered  it  as  the  opinion  of  the 
iaaesy  **  That,  mdess  some  persons  would 
tike  fiir  his  forthcoming,  he  should  be 
dbjrthe  seneanf  After  this  vote  for 
—iiUuent,  l&e  Commons  addressed  the 
i  snd  both  the  kiiu^,  to  issue  out  a  pro- 
lin  to  take  him,  being  fled.  Sir  John 
^a  ease  was  much  the  same,  for  cxor- 
M  m  m  court  ofjudicatore.  Sir  Edward 
iDe  nuule  the  report,  ''That  he  had 
many  bribes,  and  had  committed  extor- 
in  his  office."  Dennet  was  not  in  the 
r;  he  was  sick,  and  was  heard  l^his 
d  at  the  committee,  and  the  llouse 
■at  suffer  them  to  be  judged,  till  tfiey 
kcard  hi  then:  pUoes.  Bennet  continued 
nose  of  sickness,  and  his  counsel  being 
,  ^  Whether  he  would  confess,  or  deny, , 
■m/*  they  aaid  '•  Neither.''  Where- 
he  House  came  to  this  resolution,  '<  That 
K  ia  faulty  ;'*  and  so  he  was  ordered 
decosloily  of  the  sherifls,  &c.  to  be 
iilBd  to  the  Tower  of  Lomlon.  The  other 
tests  tjquoilgd  are  foreign  to  this  case  be- 
SH.  Tney  were  committed  upon  Uie  no- 
r  6f  die  tfiing,  and  suspicion  of  flight. 
■WIS  onhr  suspension  of  the  House,  and 
Bid^  for  nis  fliglit,  was  expelled,  and  an 
voted  against  him  ;  but  nothbg 
It.  As  for  Shepherd's  case,  27 
1  know  not  where  Harbord  finds 
Mtin  any  journal  of  that  time.  As  for 
I  CMC,  no  doubt  but  tliis  House  has 
r  of  jiMtein^  their  own  members :  it  was 
kaak  reflecting  upon  the  proceedings  of 
fsdae,  and  so  judged,  "  upon  the  House 
*  You  arc  upon  prosecuting  Seymour 
lisrds  House,  ana  so  I  suppose  your 
ittBcntofhim  b  in  order  to  his  custody, 
I  pooishment.  In  cases  of  information, 
ife  not  erpelled  a  member  witlwut  wit- 
I  beiiig  heard.  It  has  been  moved, 
t  Ifr.  Seymour  mi||^t  be  s(>cured.*'  I 
I  to  you  whether  an  unpeachment  be  not 
iuiat  charse  ?  It  has  aln-ays  been,  that 
rinof  the  House  are  free  from  arrests, 
tfBcaseoftiplony,  treason,  or  breach  of 
MB.  Have  yuu  a  mind  to  think  fit  that 
MV  be  committed  for  an  accusation  that 
r-HaU  does  baU  ?  For  libt-rty  of  a 
I  is  as  essential  here,  as  liberty  of 
!■  Hen.  6*s  time  (it  was  an  unfortu- 
,1  wish  ours  more  fuitunatc)  the 
Mtk  then  aiming  at  the  cnmn,  no 
~  so  much  inliis  way  as  Thorpe, 
Commons,  who  upon  an  oxe- 
him.  This  parliament  did  what 
ftr  ihs  ^ou%e  of  i^oncaster,  and 


from  thence  came  the  civil  wan,  and  so  much 
blood ;  but  the  same  parliament  could  never 
extirpate  the  House  ot  York  till  tliey  garbled 
it.  If  once  you  pass  a  resolution,  ^*  That  an 
information  upon  a  bare  averment  must  be  ne* 
cessarily  followed  witli  commitment,"  I  would 
know,  whether  you  garble  not  the  House  P  But 
consider  the  conse(|uence ;  no  man's  innocence 
can  save  him,  if  his  testimony  is  not  heard  till 
his  trial.  I  would  know,  whether  the  gentle- 
men, who  would  commit  Seymour,  think  he 
cannot  find  security  for  his  appearance  P  Thero 
is  no  likelihood  that  Seymour  should  shun  his 
trial.  1  move,  <*  That  he  may  not  be  com- 
mitted." 

Mr.  Harbord.  Tlie  chairman  was  directed 
to  report  what  he  did,  and  no  more,  and  the 
committee,  if  there  be  occasion,  will  justify  if. 
I  did  not  cite  Hall's  case,  but  the  journals  wers 
brought  to  us,  and  none  beyond  1640 ;  some 
few  notes  the  committee  were  forced  to  oae^ 
and  those  were  brought  by  Mr.  Petty,  which 
we  took  to  be  authentic.  If  we  had  made  no 
search  but  in  the  Journals,  they  were  so  im- 
perfect, thai  we  should  have  had  no  preoe- 
dents  at  all.  Tredenham  told  you  of  the 
Speaker,  Thorpe,  arrested  in  Hen.  e'stime, 
ike.  I  woukl  preserve  the  privilege  of  your 
members,  but  i  remember  about  ten  years  ago, 
there  was  a  design  to  turn  out  eight  or  ten 
membera  who  voted  against  the  Court.  I  laid 
my  hand  to  the  woric,  and  to  prevent  it,  I 
searched  the  outlawry-office,  and  found  56 
members  outlawed,  and  Mr.  Seymour  sat  many 
years  in  the  chair  outlawed.  1  pulled  that 
out  of  my  pocket,  and  saved  those  eight  or  teii 
by  it  that  were  designed  to  be  turned  ont.  I 
know  not  whetlier  Seymour  will  run  away.  1 
have  told  you,  that  my  opinion  is,  to  secure 
him  ;  do  as  you  please. 

Sir  William  Pulleney,  I  observe  that,  upon 
commitment*!,  ^c.  the  person  accused  was 
citlier  committed  upon  confession  of  the  fiu:t» 
or  flight.  But  it  is  moved,  "  Tliat  witnesses 
be  produced  against  Seymour."  But  if  he 
should  know  baore-hanu  what  they  can  say 
against  him,  tlieymaybc  corrupted,  or  me- 
naced out  of  their  evidence.  But  when  you 
have  given  j'our  judgment  that  you  will  un- 
jieach  a  man,  there  is  no  precedent  to  be  found 
that,  when  a  judgment  of  impeachment  has 
been  found  and  carried  up  to  tne  Lords,  that 
you  should  say,  ^'our  metnber  is  not  in  custody. 
It  does  tantamount  prove  a  vindication.  When 
tlie  Commons  came  to  the  Lords  House  with 
the  impeachment  of  Bennet  and  Mompesson, 
they  liad  imprisoned  them ;  and  to  produce 
proofs  liefore  that  time  may  be  dangerous,  and 
of*  very  ill  coasequenoe. 

Sir  Chris.  Muifrave.  There  is  a  groat  deal 
of  difference  betwixt  Mompesson'sand  Bennet's 
case  and  that  of  your  member.  To  preserve 
your  prii^ileges,  it  is  the  best  way  to  go  by  an- 
cient fireccfients :  Mompesson's  witnesses  were 
heard  at  the  committee  before  he  was  chaiged. 
There  is  a  great  deal  of  difference  betwixt  a 
bare  assertion  againata  man,  and  when  yo« 


159]         STATE  TRIALS,  32  CUAKLU  II.  l6S0.~Proeadinga  agmut 

an  usared  of  endence.     One  reHon  why  I  rauxled  the  said  Aiticia  to  be  m^ 

HonpeMOD  was  Mcnred,  wai,  becauw  nobod^v  I  418.) 

wodU  aniwcr  fbr  his  fimh-comiiv.     IF  hii  {      The  Hoiute  being'  aoqiuiiitEd,  "  Tl 


p4inuhiiieDt,  vet  if'Seymoui'  '  "*"'  tieymoar,  e»\.  van  ai 

""  "         tbe  lint  ,  to  tcceitethnr  lonhliips'  pleuure;' 


iras  chalged  in  WntmiDster-HBll, 

Mid  aeowiil  articles  are,  tliry  nooM   take  ae- 

ctnilT  t^  his  appearauce.     VVby  willvnutben    Imet'ltng, 


illcd  ID  ;  and  beiiur  bmnefat  to  tbe  b 

liy  will  vnu  then    kneeling,  tbe  LonlChanot&r  told  bim, 

nrntme  him  ?  And  it  may  be  the   Lords  will  '  tbere  are  Aiticlea  of  ImpeacfanieBt,  fo 


It  Uiefty.  You  irill  puuiih  that  jud^,    Criniei  and  Sliatemeanon,  braogbl  fi« 
1  bclieie,  that  will  not  bail  a  perxnn  Uut  is     Hoiue  at  ComuuUB  a^tiiHt  bim,  wb 
bwhble    bj  law.     Seymour   may   be    fgrtli- 
eomini;  upon  win 
therefore  I  would  di 

Mr.  GomKFay.  Methinki  you  are  iTT^nlar, 
and  a  little  atbichand  with  it.     You  luost  rme 
"  That  tbe  Articles  iDiut  go  to  the  Lordt ;' 
daeSeymourwill standcommitled.andnnthing'  < 
will  appear  ^rainst   him.     iSir  John   Bennet 
waa  baited   by  the  sheriff  of  I^ondon  ;  and  if 
•o,  tievmonr  may  be  bailed  to  betortb-comintc, 
and  tiiere  ia  no  danf^  of  bis  escape,  ii 
caae  of  miidaneaiior ;  therefore  put  the 
Iff  his  Articles. 


should  b«ar  read."     Which  ba 
iKty  for  his  a|>pearai>ce,  and  i  sired  be  might  have  a  copy  of  the  Articl 
DOt  coiDput  him.  a  short  lime  eireD  him  to  pot  in  his  i 

I  thereunto;  nliicb  he  is  ready  to  do. 
Oidered,  by  tbe  l^wds  apnitaal  »'»■<  I 
'  '  ral  in  parliament  assembled,  'IlMt  Edwai 
,  mour,  aq.  may  have  a  copy  at  the  Arti 
Impeachment  bntii^ht  up  by  Ibe  Ho 
Commons  against  hmi. '' 

IJecember  23. 

This  day  being  appointed  for  Edwar 

mour,  «u|.  (o  put  in  his  Answer  to  the  i 

Brr  William    Pouheoey   reports   fit>m   ,ho    ?„  ^P"^'"^'.  ^''"«^»  *"""  »JL"< 

Conmitlee  appointed  to  pit  the  Artid«  against  ■  £?^r'.f^;i!u''''i'*r^.,""'1.*** 
Mr.Seyn«niilntothef<.Snof«nimpeacS.ent.  ^,^,'^.'^'  "'"  Lo^  Cbai^or 
Tliat  the  »iid  Committee  had  aJed  upon  a    ^jJl '""  d"*  ."JTIT'*^  '  ^^  " 

-      -  ^  '  -  i™gea  It  to  be  a  high  and  (ri«at  fiirour 

from  ibis  most  honourable  Huu$e,  (hat  I 
commatulcd  to  answer  so  soon  as  this  da' 
said.  His  Answer  was  short,  [dain,  atut 


which  he  read  ia  hw  place  ;  and  aDer- 
waids,  deUrered  the  rame  in  at  the  clerk's 
talk ;  where  the  same  being  twice  read,  was, 
upon  lht>  qiKstinn,  airreed  to.  ' 

Ordered,  "  Th  Lit  the  said  Articles,  s> 
upon,  be  ii^mssed. 

"  Ordered,  ■'  Tlial  Mr.  Sej-mimr  be  taken 
into  ciistoily  of  the  SFijfaiit  at'Armt  attending 
Ibis  Housi',  for  Kccuring'  bi^  fbrthcomii^,  to 
ansncr  to  the  Iiiipearliment  of  this  Houi 
against  him,  until  In;  shall  have  given  sufficient 
security  Id  ibis  Hnii^e,  to  anstver  to  the  said 
impeuchroent. 

Onlered,  "  That  the  Serjeant  at   Arms  at- 
tending this  House,  bt   impo'.i-ered   to  remve     i,-      i-     l- 
«™.y  IW  11.  for,N.™„,„g  ,,f  ,1,0  ,^d  M,^  i  |i';Sj;^,^"„^^^ 
Se>inour,  to  ansircr  to  the  irnjieacliment  of  '  ^j  ^^^  *     '  '"""".•  • 

this  House."  j      "To the fii,ii Article:  Tlut this m-spo 

Then  sir  Williaia   Portinan.  Mr.  Ash,   and    l>cin|j;  Treasurer  uf  the  Nary,  did  itn-ivp 
Others, proffered  (heii-sc-curitv,  6i:c.  ' '""- :— ii—.i.-    —   ■- - - 


while  be  w 

ie  Ass 

SEVMUI7R,  esq.  to  tlie  Anirles  of  lm| 
ment  exhibiteil  aj^iiist  him  by  the 
mons  assembled  in  Psrliamcnl. 
The  said  Edward  Seymour,  sniinrri 
selTalladranlagcot'cxcejitir 


no  the  in 


u  Lee,  It  is  not  an  ordinary  ci 
Ibr  a  inember  accused  to  have  so  many  t 

know  therefore  that  you  have  made  au  offur 

impmrer  the  serJeant  to  take  his  security.* 

HoL-sE  or  Loans,  Dcrcnbtr  21,  1C80. 


raised  by  tlie  uct  of  pr.rliumeut 
liuned  in  llie  sUd  lirst  Article,  lor  buihli 
ships.  tL;  sum  of  AM.tiU.  U.  lOd  a 
more;  a'l  uiiich  iliU  ItesjiundrM  did  ap 
ihe  usls  mcutionca  ij  th.;  siid  ai-l,  an  I: 
Rcs|iimdent'<i  ticoiunti.  r->aily  to  bo  jirodu 


this  lionourab! 
pear.      .And  tlii^  Hi 


d  90.iiOQl.  • 


iiiident  > 


as  brought  from  tlie  House  of  I 
Commons,  by  sir  Gilbcn  Uenard,  knight,  and  uiuiues  raised  oy  luc  saiu  i 
others  ;  who  did,  in  the  name  of  llie  Couinioas  wlialsocTer. 
assembled  in  parliament,  and  in  tlie  name  of  all  '•  "  To  ibc  second  .irticle ;  This  Itcf-jK 
tbe  ConuDVua  of  Em^laiul,  inipiacU  F.itwarJ  sailh,  Tiia:  he  had  40,00U.'.  p;in-<'l  of  ih 
SeyBKHir,eBq.Girsei-eralbitrhC'riu>efiaiKl>lis-  me:>  raised  bv  iliuact  iiieniiiiiicd  iu  tit.;  i 
dMiieanora  and  OSetkces;  and  ivas  commaiide'l  '  .tnii-le,  in  his  bauds,  r.t  liic  liint-  of  tlic 
ta  exhibit  Artideii  against  him  for  the  said  lii:;h  I  Iictivi\:n  llic  cuiuniis^siottcrs  of  the  nan 
Crime  and  Miadewieaiwra.     I'lw  House  com-     '^  £a.st:atHl  tnuruhams,  iiientioncd  iu  l1 

— }  '-ond  Article.      But  tlus  Krspoiident  d< 

•   Bc«  the Caae  of  Warrea  HaitiDga,  a.D.     that  lie  eierpromisedthesaidiucrchauUi 
|r08,iBaiaC«Ut)CtiMi.  -  ^ 


le  taia  40, 


tliem  the  said  ii),WOl.  or  any  pan  of  it. 


desires,  your  lonisliips  will  bo  ploase<I  to  ap* 
pNOint  some  speedy  time  fur  hiiv  trial  and  to  as- 
sign him  couD»fel  leaniiil  in  tlie  law,  to  assist 
him  in  his  dclencc.  And  your  Petitioner  (as  ia 
duty  bound)  shall  ever  pray,  ^r. 

"  EdW.  SCYMOIR." 

Mr.  S?3'mour  liring*  railed  in  ;  he  was  asked, 

"  W  hat  i.iiunsel  lit^  did  dusirc?'"  And  he  named 

'  Mr.  Pidltxlcn,  Mr.  Keck,  and  Mr.  Thui-sby. 

j      A  Message  was  8<?nt  to  the  House  of  Com- 

I  nions,  by  sir  Miks  FltTtwood  and  sir   \dani 

Oateh'y:    To  aetpiaint  them,  that  the  Lords 

hine  receivetl  a  Petition  fn»m  l\lr.  Strymour, 

wherein  he  desires  a  «lay  may  be  appointed  for 

his  speedy  Tvial ;    that'their'lordships,  Hnding' 

no  issue  Joined  by  replication  of  the  House  of 

Commons,  think  fit  to  grive  them  notice  hcrr<»f. 

Onlc«Hl,   That  Mr.  Pollexten,  Mr.    Keck, 


I6l  J        STATE  TRIALS,  32  Charles  11.  l6&0,^Editard  Seymour,  esq.       [  \6% 

Has  RcvpAmleiit  further  saith,  That,  before  the 
mt  EartJand  merchaots  did  bring  tliis  Itc- 
■onflrnt  any  bUU  signed  bv  the  rammtssionei's 
m  fte  aary  to  be  paid,  tois  Respondent  had 

eiut  said  40.0001.  by  virtue  of  several  or- 
■■gned  upon  him,  to  be  paid  for  the  usc<i, 
MacBordiBg  to  the  directions  of  tlie  said  act. 
"  lb  the  third  Article :   This  lieniondent 
■ilh,  lliat  be  frai  Speaker  of  the  House  of 
GnvMiia  htibrohe  was  Treasurer  of  tlie  Navy ; 
wd  that,  to  Bup|M>rt  the  dignity  of  the  place'of 
flipaker,  his  m^esty  was  graciously  pkiiseil  to 
gmA  onto  this  Respondent  the  yearly  salary 
tf  Sv|W>/. ;    which,  to  avoid  the'  charges  and 
of  die  Exchequer,  was  paid  out  of  the 
~  for  secret  service  ;  which  this 
It  dodi  auknowledge  was  paid,  as  well 
the  times  of  prorogations,  as  during  the 
lof  sessioiui. 
•*Tothe  fourth  Article:   This  Respondent 
■Ih,  Tliat  the  matters  therein  charged  are  so 
aad  uncertain,  that  this  Respondent  can 
no  particular  atiswer  to  the  same :    but 
that  he  did  not  act  alone  in  any  tiling 
of  the  prizes,  hut  jointly 
according  to  his  commi^^iou ;  and 
Matrer  commit  any  such  fraud  and  deceit,  as 
h  At  Slid  Article  mentioned. 

'  jtt  whicli  h^  humbly  offers  to  the  conslder- 
n  of  Ihb  hmiourable  'House. 

**  EowARD  Seymour." 

Tka  Loc^  XThailcdlor  asked  him,  ''  If  this 
MK  the  Answer  he  woiild  abide  by  V/  He  said, 
'hvrv;*  aad  withdrew. 

Oifaed,  Hut  a  copy  of  this  Answer  be  sent 
Ip  ihfe  HoBK  «f  Commons. 

'    January  Z,\^t. 

A  MiIm  was  presented  to  the  House,  from 
Urwf  Seymoitf,  eaq. ;  which  was  read,  as 


*  To  die  li^it  hooouraUe  the  Lords  spiritual 
and  temporal  in  Parliament  assembled : 
ITw  hmmrfe  Petition  of  Edward  Seymour, 
tsqnire; 


i 

I 


^  That  whereas,  (or  some  time, 
kihMh  lain  under  the  weight  of  an  Impeach- 
MftfluuA  d»e  House  of  Commons,  of  several 
V|h  crimes  and  misdemeanors,  to  which  he 
kihgireu  an  Answer  to  your  lordshi|»  ;  and 
e Iw  is  in  no  manner  guiltv  of  the  Articles 
^1  charged  with,  that  his  truth  and  in- 
uy  &  fiiDj  vanifested,  he  humbly 


j  his  trial,  upon  tlic  Imjicaclmicnt  of  the  Houso 
of  Commons,  whereby  he  is  charijcd  with  high 
crimes,  misdemeanors,  aiul  riflciiccs. 

House  of  Commons,  Januartf  3,  1681. 

The  Ans^^TT  of  E^lward  Seymour,  cs4|.  to  the 
Articles  of  Impeachment  exliihitcid  against  him 
by  the  Commons,  assembled  in  [larliament,  was 
read. 

Ordered,  That  a  Commiltee  be  appointed  to 
prepare  Evidence  n<ifainst  I^lr.  Seymour,  and 
manage  the  same  at  his  Trial.  They  are  to  sit 
de  die  in  diem  :  And  arc  im{)owcred  to  scad  for 
persons,  papers,  and  records. 

House  of  Lords,  January  8,  1601. 

Ordered,  That  Saturday  the  15th  day  of  this 
instant  January  is  hereby  appointed  for  thu 
Trial  of  Kdward  St-ymour,  es«i.  upon  the  Arti- 
cles brou;4fht  up  against  him  by  ttic  House  of 
C^ommons,  whereby  he  staiiiU  chai-gcd  with 
several  high  crimes  and  misdemeanorH. 

A  Mes.sage  was  sent  to  the  House  of  C-;m- 
mons,  bv  sir  John  Coel  and  sir  Timothv  Da'd- 
win :  1  f » let  them  know,  that  this  House  h:i\  a 
appointed  the  15tb  day  of  this  instant  January) 
for  the  Trial  of  Edward  SeynuiUr,  e9k\.  upcn  the 
Articles  l>rought  up  a&nunst  him  by  Ihe  Housa 
of  Commons  this  day  se^  ennig-lil ;  ai;d  that  tha 
Commons  may  reply,  if  thiy  thiid-:  lit. 

Two  da%'^  aAcT  this  the  pailiament  M-as  pro* 
ragued  by  his  ii'tijcsty  to  the  '^Oth  of  January, 
and  soon  alter  was  dissolved. 


▼•U  TIIU 


M 


IfoJ         STATE  TRIALS,  52  Charles  n.  l6SO^Proceeibig(i  Mgtdmti 


£76.  Proceedings  against  Lord  Chief  Justice  Scroggs  befor 
Privy  Council;  and  against  the  said  Lord  Chief  Justio 
other  Judges  in  Parliament.*   32  Ch^^rles  II.   a.  d.  16 

Proceedings  BcroRE  the  Privy  Council. 

Articles  of  High  Misdemeanors,  humbly  of- 
fered and  presented  to  the  oonsideratioD  of 
his  most  sarred  Miyestj,  and  his  roost 
honourable  Privy  Council,  ajF^inst  ^r 
WnxiAM  Scroggs,  Lord  Chief  Justice  of 
the  Kinjf's  Bench;  exhibited  by  Dr. 
Oates,  and  Capt  Bedlow,  31  Car.  S. 

HAT  the  said  Ixnrd  Chief  Justice,  con- 
trary to  his  oath,  the  duty  of  his  place,  in  con- 

*  Roger  North,  whose  representations,  how- 
ever, are  always  to  be  received  with  caution, 
lias  interwoTen  his  character  of  Scrog^,  Jones 
and  Weston  into  the  account  which  he  gives 
of  these  proceedings  against  them : 

**  Mr.  Jhstioe  Jones  was  a  very  reverend  and 
learned 'judge,  a  gentleman,  and  impartial; 
Kit,  being  of  Welsh  extraction,  was  apt  to 
warm,  and,  when  much  offended,  often 
shewed  his  heats  in  a  rubor. of  his  countenance, 
let  oflTby  his  grey  hairs,  but  appeared  in  no  other 
disorder ;  for  he  refrained  himself  in  due  bounds 
and  temper,  and  seldom  or  never  broke  the  laws 
of  his  gravity.  There  are,  in  the  Report  of 
the  committee,  certain  relations  tencfing  to  ac- 
cuse divers  of  the  jud^  ;-  and  we  know  how 
such  matters  came  ready  cooked  and  dressed 
up  by  party  men  to  serve  turns,  and  are  pre- 
sented, with  the  worst  sides  fomards,  to  an  as- 
sembly then  wilFmg  to  take  every  thing  in  the 
worst  sense,  and  who,  from  super^oial  coloms, 
eoDohide  deep  in  substabces  ;  which  matters, 
passing  without  hearing,  but  of  one  side  only, 
are  not  much  to  be  regarded.  Of  this  sort  was 
«  story  from  Taunton  Dean  of  the  punishment 
of  one  Dare,  the  very  person  that  affronted  the 
king  with  a  petition ,  as  I  touched  before.  [A  peti- 
tion from  TauntonDean  was  brought  up  by  a  man 
whose  simame  was  Dare:  He,  with  his  fellows 
waited  upon  the  stairs  of  the  House  of  Lords, 
and,  as  tne  king  came  down,  put  the  roll  into  his 
hand  ;  the  king  asked.  How  he  dared  do  that  ? 
Sir,  said  he,  my  name  is  Dare.  But  he  had 
better  been  asleep  elsewhere  ;  for  he  was  af- 
terwards raii^ht  speaking  seditious  words,  and 
was  punished  by  the  judge  of  Assize  ;  and 
the  judge,  wlio  was  then  Mr.  Justice  Jones, 
l»eing  pressed  to  intercede  to  the  king  for  him, 
answered.  He  knew  no  favour  he  deservetl  ; 
which  was  aflenvanls  put  among  the  sins  of 
the  judges,  p.  543.]  This  judge,  it  (teems,  upon 
A  1(^1  conviction  for  seditious  words  spoken, 
inflicted  such  punishment  as  he  thought  the 
crime  deserve*! ;  and,  being  presseil  to  inter- 
ct^e  with  the  king  for  his  majesty's  favour 
to  him,  answered  he  knew  no  favour  ne  deserv- 
ed. There  was  one  of  the  sins  of  tliat  iudge. 
There  was  nothing  more  in  particular ;  but  he 
vfm  takfu  iu,  with   tba  other  jvdgea  of  the 

3 


iemptofthe  king,  bis  crown  and 
set  at  liberty  several  peraoiia  aocoaed  m 
before  him  of  High  TreasoD,  wkhomt 
ing  ever  tried,  or  otherwiae  aoqoitt 
namely,  the  lord  Bradendl,  kc. 

n.  That  at  the  Trial  of  sirGeorgeWi 
and  others,  [See  vol.  7,  p.  589,  of  th 
lection],  at  the  Seaaiona-hoose  in  t 
Bailey,  for  High  Treason,  the  said  Loi 
Justrae  (aocordin|[  to  the  di^ty  of  hi 
managing  the  s^  trial,   did  braw-b> 

King's  Bench,  for  two  or  three  matt 
passed  there  while,  he  sat  as  judge 
court.  One  was  the  refuainsr  to  preset 
kingapetition  of  the  Grand  Jury  of  SI 
about  sitting  of  the  pariiamenf.  If  tfa 
crime,  it  was  a  very  slight  one ;  nor  do 
any  man  of  law  will  aay  that  the  jwi 
bound  to  cany  all  the  crudities  of  jury- 
the  king,  but  are  to  use  their  discretion, 
address,  of  that  sort,  is  no  part  of  thai 
nor  do  they,  in  any  respect,  repres 
county ;  they  are  taken  *  de  Corpora 
'  tatus,'  and  not  pro,  nor  have  any  rati 
bind  the  country  in  any  thing  ;  hat, 
ipatterB,  out  of  the  crovm  law,  they 
single  persons  and  not  ajury,nor  is  any 
trate,  or  other  person,  bound  to  go  c 
errand.  Another  great  sin  of  that  cc 
the  discharging  the  Grand  Jury  three  c 
fore  the  end  of  the  term,  while  tl 
divers  bills  before  them  to  present; 
which  was  an  indictment  of  recusancy 
the  king's  brother  the  Duke  of  Yodc 
discharge,  they  said,  was  precipitous  ; 
usual,  and  done  on  purpose  to  stop  that 
ment,  which  was  an  obstruction  of^tlie  ji 
the  nation.  The  jury  here,  it  seems,  w 
ijCTioramus,  though  from  the  same  i 
shall  soon  hear  of  a  total  obstruction  of 
and  no  crime  at  all  to  be  found.  But 
examine  this  affair  of  the  judges,  first 
solutelyin  the  judges  discretion  whc 
termine  a  session,  and  when  to  detain 
charge  Grand  Juries ;  and  «  de  offici< 
*  non  datur  cxceptio.'  But  what  did  it 
an  Indictment,  that  is  the  cause  of  the 
and  who  else  is  concerned  in  it  ?  But  f 
end  ?  Not  for  any  real  effect,  for  sucl 
may  be  Non  Pros,  or  pardoned  the  n 
ment.  What  then  ?  To  be  a  public  ai 
the  king  and  his  brother  ;  and  that  if  t 
had  stopped  such  an  Indictment,  the^ 
have  it  to  say,  in  order  to  rebellion,  tfa' 
was  no  justice  to  be  had  against  pajaati 
they  roust  right  themselves.  Now  wai 
veiy  careful  provision  of  the  coml,  by 
dmcretion  the  law  undoubtedly  entmi 
irith,  to  stop  such  an  inconvauenoe,  m 
as  it  went  off  nkatly  and  witfaoiit  noiie 


5s]   STATE  TRIALS,  32  Charles  II.  lesO.-^Lord  Chief  Justice  Scroggs.  [l66 

irb  Dr.  Titm  Oites  and  Mr.  Williun  Bedlow, 
•-0  of  the  inincipil  witnesses  tor  the  king  in 


etioA  are  the  only  masters   of  discretion,  and 
9  not  allow  the  liberty  uf  any  to  tlieir  su- 


**  The  next  matter,  which  was  higlily  agspra- 
fted  agwuKt  the  iudges  of  the  King*s  Bench, 
toch  an  iUegal  invasion  of  projierty  as  had 
It  been  heard  of  since  William  the  Conqueror, 
u  a  role  made  by  that  court,  that  a  certain 
•k— liber  mthutatus,  The  Wcckl^r  Pacquet 
'  Adiioe  from  Rome,  *  non  ulterius  imprima- 
Iv.'  Tlie  caae  of  that  book  was  this.  The 
Melaboiir  of  the  faction  at  tliat  time  was 
■f  tomake  popery  as  odious  and  dreadful  in 
»  hUs  of  the  common  people,  as  was  ]K>s- 
Up  ;  for  then  the  inference  of  course  was, 
llbiayoaare  to  expect  from  th6  Duke  of 
ttk,  and  that  the  long  and  the  duke  are  all 
e,  etgo.  Sec.  Upon  this  design  -  a  weekly 
fell  cane  fbrtb  entitled  as  above,  which,  under 
of  telling  all  tlie  extravagant  legends 
'  m  a  buflbon  style,  continually  re- 
CD  the  gjovemment  of  that  time;  and 
»  thai  collection  went  on  and  was  pub- 
I  pieces,  which  the  zealous  gathered 
most  rdigioualy,  and  now  would  ex- 
for  any  softer  sort  of  paper  ;  for 
grows  ao  insipid,  as  old  state 
Tnt  printer  I  think  was  one  Lang- 
or  one  Janeway,  and  had 
against,  and,  I  tliinlc,  convict  and 
for  some  of  them.  But  it  was  an 
nol  easily  corrected  ;  for,  the  outward 
^  '  ^  against  popery,  to  be  accused 
to  be  accuseil  for  taking  the  Pro- 
against  popery ;  and  every  week 
BO  that  a  conviction  of  one  did  not 
li  the  next,  and  no  ordinary  judicial 
"  reach  it  Thus  it  was  very  hard  to 
his  inconvenienoe,  which  may  bap- 
m  M  any  time,  when  popidarity  runs  very 
t  any  government.  At  lens^h  the 
of  tnis  rule  was  made,  but,  1  think, 
BO  frrther,  nor  was  the  printer  taken 
pfbranj  contempt  of  it ;  but  it  was  enough  ; 
K  nde  itidf  was  shewed,  and,  as  I  said,  made 
ireat  noise.  1  do  not  remember  much  ugi- 
Ifan  about  die  reason  upon  which  the  court  of 
h^B-BeuA  took  this  authority  of  making  a 
-'-  '-  J  order  upon  them ;  but  it  seems 
on  that  law  which  takes  away  the 
her ;  for  it  is  therein  declared,  or 
have  resolved,  that  all  jurisdiction 
the  Htar-Chamber  might  lawfully  ex- 
icaled  by  hw  in  the  court  of  King's 
And  It  is  wen  known  that  the  Star- 
made  proviaionary  orders,  as  well  as 
to  obviate  great  offences ;  and 
aa  Hales  (in  a  posthumous  piece)  al- 
~i  the  originals  are  not  extant,  may 
into  the  usage  of  the  common  law ; 
^m  matteiaofpnUic  nusanccM.  With- 
•kL  Ae  point  was  eontrovertible ;  for  it 
kt  mad  on  the  other  ride,  true,  but  then 
foUov  the  natnrt  of  their 


that  case ;  and  encourage  the  jury  impannellud 
and  sworn  to  try  the  uialefactorH,  against  the 


proceeding,  viz.  the  King's  Bench  by  indict- 
ment or  information,  having  no  ground  by  law 
or  precedent  to  proceed  fur  utlences,  extra  to 
the  court,  othen^  ise.  And  when  a  book  is  con- 
vict of  crime,  it  may  be  part  of  the  judgment 
*  quod  non  nhcrius  imprimatur,'  uliich  will 
bind  the  person  defcmlaut.  But  how  inei>t  this 
method  is  to  stoji  such  a  Protean  mischief,  uiWr 
a  little  time,  may  become  sensible.  But  admit 
it  not  to  be  a  clear  case  oii  the  couit-side,  there 
was  ground  enough  for  the  court,  as  they  say 
good  judges  do,  t«)  resolve  it  fur  tlieir  own  ju- 
risdiction ;  and  errors  in  judgment  of  courts  of 
justice  are  not  criminal,  but  corrigible  by  su- 
perior authorities.  Therefore,  in  quiet  times, 
this  question  had  been  carried  into  the  House 
of  Lords  by  a  petition  of  the  printer,  if  he  had 
thought  himself  ffrieved;  and  then  tlierc  had 
been  a  due  consideratiuii  uf  the  law,  and  tho 
king's  counsel  hod  been  heard  upon  it,  and  the 
determination  authentic,  as  upon  a  writ  of  error ; 
or  occasion  might  have  been  taken  by  a  sburt 
clause  in  an  act  of  parliament,  to  Imve  declared 
the  law  one  H'av  or  other.  There  should  be 
always  a  distinction  between  corruption  and  er- 
ror ;  the  latter,  if  Westminster  Hall  may  be 
heard  in  the  case,  is  no  crime,  nor  is  it,  with 
any  aggravation,  to  be  actionable  at  law.  And, 
upon  the  reason  of  these  instances,  it  seems 
that  to  proceed  by  imjieachment,  for  error  in 
judgment,  as  for  crime,  is  contiary  to  the  po- 
licy of  the  English  constitution  ;  in  which  the 
authority  of  courts  of  justice  is  sacred,  and  the 
exorbitances  of  tliem,  when  they  happen,  should 
be  set  right  without  exposing  to  contempt  either 
the  persons  of  judges,  or  Uie  reverence  due  to 
their  stations,  lest  what  is  got  in  the  shire,  is 
lost  in  the  hundred.  But  it  is  seldom  fniuid 
that,  when  ficrsuns  are  fallen  u|)on  in  an  heat,  as 
upon  the  vindicative  turns  tit'  parties,  any  deco- 
rum is  observed,  or  due  steps  taken  ;  for  tliey 
will  always  lie  too  long  or  too  short.  Thus  far 
concerning  the  King's  Bench,  as  a  court,  and 
its  legal  jurisfliction  ;  which,  in  this  instance 
sho  (but  in  nothing  mure)  touched  31r.  Justice 
Jones. 

"  The  case  of  Mr.  Baron  Weston  was  very 
extraonlinary  indeed ;  he  was  a  l(*anied  man, 
not  only  in  the  cvmimon  law,  wh<*rein  he  had  a 
refined  and  speculative  skill,  but  in  the  t:i\i\  and 
imperial  law,  as  also  in  history  and  hunuinity 
in  general.  But,  lieiiig  insup|H)rtuhty  tortured 
witli  the  gout,  became  of  so  touchy  a  temper, 
and  Husce|itihle  uf  anger  and  pusailun,  tliat  any 
affected  or  unreasondbie  up|K>sition  to  his  opi- 
nion v^uld  inflame  him  so  as  to  make  him  ap- 
pear as  if  he  were  mad ;  Ji^it,  when  treated 
reasonably,  no  man  e^er  was  mure  a  gentleman, 
obliging,  condesccnsive,  and  comumnicatiw 
than  he  %vas.  Therefon;,  whiki  a  practiscr,  he 
was  (»bserve<l  always  to  smxecd  better  in  argu- 
ing solemnly,  than  in  inanaging  of  evidence ; 
for  the  adversary  knew  how  to  touch  his  pas- 
sums,  and  make  th^m  difonfer  him,  and  tbca 


l€7] 


ifmiff 


said  witriMsss,  by  his  publicly  upeakinff  slight.  \  deuce,  and  the  misrepeating  and  onitt 
^ly  agairiKt  them  and  their  cri.  j  terial  parts  of  thdr  evid^oe ;  whisr 


]y  and  abnsivf  ly  againKt 

take  advantage  of  it.  But,  at  the*  bottom,  he 
yras  ns  just  as  the  driven  snow,  and,  being  a 
judo-c,  f„r  which  office  he  was  fit,  because  he 
had  ni'itlicr  fi^sir,  favciur  nor  afl'ection  besides 
his  judginrnt,  ho  would  (it'tcn,  in  his  charges, 
ffhin<*  with  his  hurning  and  wit ;  and  a  little  too 
much  of  that  bruu^^htthis  a<Tusation  over  him. 
lie  vias  one  of  a  cliAi'  conduct,  and  by  princi- 
ple, honest  and  just,  and,  as  wc  fuid  in  the  best 
of  that  character,  nn  i\as  he  intreiiid,  and  fear- 
ed not  the  face  of  all  iiuman  kincJ.  He  made 
DO  ceremony  of  flying  in  the  face  of  faction 
at  all  turns,  and,  -being  one  of  thf»sc  they 
call  prcrut^ative  men,  inaccessible  and  unalte- 
rable, he  uas  hatefl  bitttcrly  by  the  party.  And 
to  do  liiiu  and  the  n'st  of  those  gentlemen 
rif^ht.  1  uiiist  needs  say  that  the  prerogative 
of  the  cix/wu  is  a  doctn:ie  so  constantly  recom- 
mendeil  in  the  law  Inioks,  that  a  man  cannot  be 
an  honest  lcarne«l  lawyer,  but  must  be  in  the 
popular  sense,  a  prerogative  man,  nnd,  in  every 
»*ense,  a  hater  of  what  they  call  a  rc*public. 
This  Icanied  judge  was  so  st«auly  in  his  admini- 
atn\tion,  that  no  advantnirc  could  l>e  taken 
o^inst  him  for  what  he  did  ;  so  they  watched 
his  circuit  rhargfcs,  to  iiud  soinowhat  he  might 
M  V  1o  accuse  hun  of  And  the  onW  passage, 
I  find  chnp^-cd  ujion  him,  was  at  Kingston  as- 


servetliem  but  a  parliiumMit.  lie  knew  no  re- 
j>n'sentative(.f  the  nati:m  bit  the  king  (which 
in  an  ai-tual  svw^v^  is  true,  lor,  in  jiarliamont, 
«urh,  IIS  do  not  cli'.)ose,  have  no  actual  mprc- 
f>entati\i' ;  but,  in  a  Ktral  si.it^i?,  as  U»  the  bi:i»jg 
bound  ail  are  repns.iitcjl)  all  jM)wer,  says  he, 
centers  in  him.  (That  is  all  coemve  |M»wcr  )  And 
thru  the  judge,  in  the  towering  of  his  fancy,  says 
'  i'fsiith  lie  (i he  king)  has   wisdom  enough  to 

*  entrust  it  no  nion;  witli  tliesc  men,  who  have 

*  givrn  us  such  late  examples  of  their  wisdom 
'  and  faithtiitiu-ss.^  It  would  In*  hard  to  pro\e 
hen*  \\  lioui  he  spoke  of,  so  as  to  fi-anie,  out  of 
thes*'  w-omIs,  an  uccus'iition  ;  bui  it  s«'ems  there 
was  tio  bt'ttt  r,  and  so  it  c«mc  iM-Jine  the  liousi^ 
of  (*oiuiuons  ;  wtudd  any  one  h:ive  thought  it  i' 

"  ft  is  to  In:  notc<l  thiit,^during this  heat,  as  if 
the  oonunoTi  law  ot' justice  had  l>een  abroga- 
ted, noi.f  of  tbcs(.'  rc\ereud  uu-Ji  were  either 
called  U»  l<i-  lii-aid,  or  had  any  tiuic  given  them 
to  answer  ;  hut  the  censure  of  the  House,  past, 
and,  tor  |>M.us'iiii)«-Mt.  tln'V  were  to  Ih»  impeaeh- 
c«l.  Th«  V  noii'  n^siiiist  4)aron  Weston,  was 
'  thaf  i'  ^  V.  .nf!s,  iuhis  cl.avire,  were  scandalous 
■  to  i,ii    fi  to.  iiiati'iii,  :"i!l  ti'nd'Ug  to  raise  dis- 

*  eon!,'  Vt:.  V  nrw  :■•»«  oioiUnee.  It  hath  been 
the  U'^ai^e  ol  flic  nnuiiion  law,  to  chalice  men 
withriit't  floue,  or  wor-is,  ot'  a  dire*  I  >eiise  <:(>n- 
ken.  Marter  of  agirravation  net er  makes  an 
accusatiou  whove  liie  ^uti)l•et.  uf  itM.'lf,  di»th 
nutlM*arit.  And  mi  caret uj  is  the  law  uf  eri- 
loinai  nattcns,  that  it  riN^uimaii  iudkUu*^  to 


be  certain  to  every  intent,  or  else  it  it  t 
i«-ill  be  quashed.  For  which  reason,  i 
may  be  taken  in  any  harmless  sense, 
the  same  words  will  abo  bear  a  crimiuf 
they  shall  be  taken  in  the  mildeat  leoft 
however,  was  it  reasonable  to  bring 
charge  as  this  against  an,  otlierwise,  u 
tinnaLle  judge?  It  was  much  wonderei 
time,  that,  in  all  this  noise  about  the 
none  were  sent  for  to  the  House ;  th 
was  tliought  to  be,  that  they  were  stoi 
and  would  have  justified  all  they  bad  d< 
that  was  not  thought  seasonable.  Th 
for  his  part,  was  so  tar  from  being  co 
at  the  terrible  sound  of  an  impeachmei 
w  hen  the  other  judges  looked  grave  and 
he  was  as  gay  and  debonair  as  at  a  weddi 
was  only  sorry  that  he  had  not  an  opp 
of  talking  in  tne  House  of  Commons,  ax 
have  (!omp(mnded,  tor  a  moderate  puni 
to  have  had  his  full  scope  of  arguing  1 
case  before  them.  And,  as  tor  impea 
he  longed  to  be  at  it  with  them,  he  ci 
where,  or  lielbre  whom,  provided  h< 
have  his  talk  out.  He  was  prepared  t 
Magna  Cbarta,  and  to  demand  the  J 
pat  iunu  and  his  lawful  challengiw,  and 
that  Ijcx  Terra  was  referred  to  the  coi 
not  to  the  (K»untry ,  and  was  nothinc*  to 
nose  against  his  right  of  trial ;  and,  uf 
law  he  would  have  died  at  a  stake,  and  i 
quittiid  one  iota  of  his  judgment  to 
world.  It  is  pity  such  a  st<»ut  combat 
not  had  a  clear  stage  and  a  fair  enenr 
as  things  fell  out,  they  were  not  so  hard 
**  No  articles  were  ever  preimreil  aga 
of  the  ju(lg(-s,  exn^pt  sjr  \\  illiam  Scro| 
chief  justice  i»f  the  King's-bench, 
whom  articles  were  brought  to  tlie  Hoi 
ordered  t(»  stand  ;  but  i  do  not  fmd  by  t 
that  any  nienil>ers  were  ai»{H>intefl 
I  louse  to  carry  tlR'm  up.  He  was  a  n 
lay  too  o|Wfn ;  his  conrse  of  lile  was  sea 
and  his  discourses  v  iolent  and  intern  per 
talent  was  w  it ;  ami  he  was  master  < 
city  anil  boldness  enough,  for  the  settii 
wliich,  his  |>erson  was  large,  and  hij 
broad.  lie  had  a  fluent  ex)>ression,  an 
g(MNl  turns  of  tliought  and  language, 
coidd  not  avoid  extremities  ;  if  he  did  i 
extremely  so,  and  if  well,  in  «'\ti-eme 
the  plot,  he  was  violent  to  insanity  ;  ai 
receiving  intelligenee  of  a  truer  iul 
court,  he  was  converted,  and  IxTam 
once,  no  less  violent  the  other  wav 
made  the  phn -drivers  and  witnesses  m 
And  U.iti'K  and  IWslbMMlid  him  the  In 
prefer  articles  to  the  king  in  trouneil  aga 
« barging  various  inmioi^ities  ;  and  th 
an  h^'aring.  but,  they  tiiiling  f»f  prnof, 
juHtitied.  The  occasion  of  1 1  is  eon  vers 
was  told  by  the  |iersou  that  administ 
uif  ans  to  him,  was  this.  The  lord  chie 
GOBu:  once  I'roin  WindMur  wiiliik  Iwi 


7ATE  TRIALS,  32  Charles  II.  l6S0,— Lorrf  Chief  Jwiice  Scrogga.    [170 


dieted  were  by  the  said  jury  acqiiilteil 
t  thea  charged  ajj^ainst  them,  and  iully 
I*  the  said  witnesses.'^ 
hat  the  said  Lord  Chief  Justice,  after 
if  tfafesaid  shr  Georj^  Wakeman,  and 
'  Hiyli  Treason,  as  aforesaid,  in  the 
buae  of  the  said  Dr.  Titus  Gates,  and 
un  Bedlow,  and  in  their  gi*eat  dis- 
at  s|)eftking'  of  them  ;  said,  that  be- 

ceil  iu  his  coach;  and,  amonp^  other 
diemsrgs  asked  tiiat  lord,  if  the  lord 
f  (who  wosithen  lord  President  of  the 
ad  really  that  interest  with  the  kiii£f 
led  to  have  f  No,  replied  that  lord,  no 
I  joiir  footman  huth  with  you.  This 
tue  man,  and  quite  altcrcil  the  fer- 
18,  from  that  time,  he  \\M&  a  new  man. 
U  for  hiin  that  the  i>arliament  was 
else  they  had  pursue<l  thi^r  imiicach- 
nst  him,  and  what  an  embroil  it  had 
arliamcut,  is  not  easy  to  conjecture." 
'0  short  account  is  eironcoas ;  "  They 
d  Scm|j;^  forHifrh  Treason,  but  it  was 
It  the  matters  objected  to  him  were 
leiacunors  ;  so  the  Lords  rejected  tite 
tent,  which  was  carried  chieily  by 
fDajiby's  party  and  in  favour  to  him.'' 
mes,  ^h. 

'ranck  Winnington,  in  his  speech  in 
ment  October  36,  1C80,  says,  *<  at 
I's  Trial,  tliose  i>ersons  who  at  former 
d  been  treated  with  that  respect 
le  to  the  long's  evidence,  and  whose 
i  reputation  nad  stooil  clear  without 
IB  adi  other  trials,  were  now  not  only 
tea,  but  their  evidence  prescnteil  t*n 
as  doubtful  and  not  to  be  deiiende<l 
•  at  all  other  trials  of  papists  from  that 
nri.  By  which  many  of  the  frrcat^:;st 
I  Kre  f|uttted  and  cleared  as  to  the 
'iboie  tliHt  were  brought  for  detauiing' 
'■  evidence,  and  subuming'  witnesses, 
hereto,  very  kindly  treated,  and  dis- 
arith  easy  sentencesi,  es|iecially  if  ya- 
ut  if  |iritef4ants,  thou^fh  only  for 
ir  vendinff  some  unUt'en!^  IxKik,  were 
d  Old  la^ly  fined.  liut  1  beg- leave 
■larw  in  the  case  of  one  Care,  who 
ted  lor  priutint;  a  weekly  inteliigt'nce, 
he  FMrket  of  Advice  from  floriie,  or 
lory  of  Popery.'  This  man  hail  a 
main  of  writiu«;r  extraoniinary  well 
aul^ect,  and  that  fiaper  was  by  most 
MWiKhi,  not  only  very  ingeniowi,  but 
■aetiil  at  this  time  for  the  inforniation 
pfey  because  it  laid  open  very  intelli- 
and  ckieats  of  that  church. 


•  Vfoa  an  information  e-iven  to  the 
Kafl^a-bench  ai^ainst  this  Care,  this 
;  *  Onlinatum  est,  quo<l  \a\wt 
Weekly  Pacikct,  6cc.  iH>n  u1- 


vel  pnblicetur  per  aliquam 
)i'f  miupque.  PerCJur.'  I  think 
piittte  leu  than  a  Uital  prohibition  of 
Wf  ftiaf  agaittst  popery."    4  Cobb. 


fore  the  trial  of  sir  Georgrp  Wakeman  (meanin^^ 
the  aforesaid  trial)  the  witnesses  ^meaning  the 
albresaid  Dr.  Titus  Oates,  and  tlie  said"  Mr. 
William  Bedlow)  were  to  be  believed  ;  but  that 
at  and  after  the  said  trial,  they  were  not  to  be 
believed  by  him,  nor  should  not  be  believed  by 
him  ;  or  tc>  that  very  e/lect. 

IV.  Tliat  the  said  Loi-d  Chief  Justice,  by 
reason  of  his  ollico,  haih  taken  upon  him  the 
power  to  oppress  by  imprisonment,  his  majes- 
ty's loyal  subjects;  namely,  Henry  Care,  for 
writing*  and  causing  to  be  printed  (hvers  single 
Hhect  hooks  in  Bn<^lish,  called  The  Packet  of 
Advice  trom  Rome ;  tiir  the  information  and 
discovery  of  the  idolatrous  errors  and  impieties 
of  the  Icomish  church,  to  his  majesty's  io^al 
and  obedient  jirotestant  subjects  (in  this  con- 
juncture of  time  very  useful):  although  the 
said  Lord  Chief  Justice  neither  did,  nor  could 
alled^  or  charge  the  said  Care  with  any  thing 
contained  in  the  said  hook,  that  was  any  ways 
criminal  or  derogatory  to  his  majesty's  laws, 
crown  or  dignity ;  and  refused  to  take  very 
good  bail  for  him,  though  offered  ;  and  after- 
wards less  bail  taken  for  him  upon  his  Habcat 
Corpas  in  court ;  but  by  the  said  Lord  Chief 
Justice's  means,  he  was  continued  bound  all 
the  term  to  his  good  behaviour ;  and  at  the  end 
theref>f  nntil  the  next  term  ;  although  no  par* 
ticular  crime  was,  or  could  be  proved  against 
or  laid  to  his  diarge. 

V.  That  to  the  great  oppression  of  his  ma* 
jesty's  loyal  subjects,  the  said  Lord  Chief  Jus- 
tice, contrary  to  law,  and  in  manifest  breach 
of  his  oath,  hath,  without  any  reasonable 
cause,  imprisoned  a  feme- coven,  and  diverf 
others  his  majesty's  said  suliji>cts,  and  refused 
to  take  bail,  though  tendere<l,  and  the  matter 
biiiluble,  as  in  the  case  of  Mrs.  Jane  Curtis, 
^Ir.  Francis  Smith,  See. 

VI.  That  Uie  Lord  Chief  Justice  is  veiy 
much  addicted  to  swearing  and  cursing  in  his 
<'Oiiusion  discourse ;  and  tu  drink  to  excess,  to 
the  great  disparagement  of  the  dignity  and  gra- 
vity of  his  said  place.  lie  did  in  his  common 
discourse  at  dinner  at  a  gentleman's  house  oi* 
quality,  pubUoly  and  opculy  use  and  utter 
many  oaths  and  curses,  and  there  drank  to 
excess, 

VU.  That  Charles  Pri(;e  beinjj  accused  upon 
oath,  before  the  said  1x ml  Chi«*t  Justice,  to  be 
a  Popish  priest  and  Jesuit,  and  iinpriNuncd  (or 
the  same,  and  also  divei-s  otlior  i>ei-s(nis  accused 
u|Min  oath  for  High  Trca>:ou  ;  :ls  namely,  sir 
Francis  Mamiock,  ICicliard  Vaii'^'ian,  esq.  and 
Daniel  Arthur,  inoivhunt ;  the  said  Jiord  Chief 
Justit*e  s(>t  them  at  largo  ui>on  bail,  without 
consulting  his  mnjesty^s  counsel,  or  his  wit- 
iiessi's,  an<l  against  tdeir  ctrtisont;  divers  of 
\>hich  |K'r8(»ns  have  not  since  ap|)eared,  but 
liave  foH'eitfd  their  recognizances,  and  the 
iiersoDs  not  to  be  found. 

VIII.  That  the  said  I/ml  Chief  Justice,  to 
the  great  discouragement  of  his  majesty's  loyal 
proti*stiU)t  subjects  ;  to  \\w  nianilitst  rncoiirage- 
meiit  of  the  Koman  catholic  sulijects ;  wlien 
inibrmatioii  hath  been  duly  and  legaliy  gifoi 


171]  STAT£  TRIALS,  52  Ch arLbs  II.  iGsO.^Procecdingi  agama 


to  him  of  the  abode,  or  person  of  a  Popish 
priest  or  Jesuit,  and  a  warrant  desired  trom 
him  lo  take  or  search  for  such  priests  or  Je« 
suits,  he  hath  in  a  slighting  and  scornful  man- 
ner refused  the  same,  and  hid  the  informer  ^ 
to  sir  William  Waller,  who  busied  himself  m 
such  matters  mainly. 

IX.  That  the  trial  of  Knox  and  Lane,  at  the 
bar  of  the  King's-bench  court  for  tlieir  misde- 
meanors, in  endeavouring  to  take  away  the 
credit  of  Dr.  Titus  Oa^  and  3Ir.  William 
Bedluw,  two  of  theprinciiNd  witnesses  for  his 
majesty,  iu  the  prormg  of  the  conspiracy  and 
conspirators  against  his  majesty^s  life  and  go- 
vernment of  t^zse  kingdoms  of  Eng^nd,  Ncot- 
land,  amd  Ireland,  the  destruction  of  the  pro- 
testants  and  protestant religion,  and  introducing 
and  settling  of  popery  there  ;  althoug[h  the  evi- 
dence was  so  full  and  clear  a^nst  them,  tliat 
the  jury  found  them  ^Ity  without  goine  from 
the  bar ;  yet  the  said  Lord  Cliief  Justice,  in 
further  discouragement  and  disparaging  the 
evidence  of  the  said  Dr.  Titus  (^tes,  and  Mr. 
William  Bedlow,  would  not,  nor  did  not  give 
any  chaige  to  the  jury  therein,  but  rose  up 
Buddeuly,  after  the  evidence  closed  by  the 
counsel,  and  letl  the  said  court  abruptly,  oefore 
the  said  jury  had  given  in  their  venlict. 

X.  That  the  saw  Lord  Chief  Justice,  knowing 
that  one  William  Osborne  was  in  the  conspiracy 
and  contrivance  with  the  said  Knox  and  Tisne, 
in  the  last  article  mentioned,  to  take  away  the 
credit  of  the  said  Dr.  Titua  Gates,  andf  Mr. 
William  liedlow ;  and  knowing  the  said  Dr. 
Titus  Gates,  and  Mr.  William  Bedlow,  to  be 
material  witnesses  for  his  miyeflty ,  in  proving  of 
the  conspu*acy  and  conspirators,  in  the  said  last 
article  mentioned,  and  had  been  so  againsit  seve- 
ral of  the  said  conspiartors  that  had  been  tried, 
and  were  to  be  so  against  several  others  of  the 
said  conspirators  that  were  impeached  or  accus- 
ed for  the  said  High- treason,  and  were  to  be  tried 
for  the  same ;  and  knowing  the  said  Wiliam  Gs- 
borne  had  been  detected  belbre  the  Lonls  in  par- 
liament assembled,  fur  his  Raid  conspiracy  and 
contrivance  with  the  said  Knox  and  Lane  ;  and 
that  upon  his  own  oath,  tlicrcnpon  denying  the 
fact  in  their  said  cons[>iracy  anu  contrivance  to 
be  true  :  yet  out  of  his  malice  to  tlie  said  Dr. 
Titus  Gates,  and  Mr.  William  Bedlow;  and 
as  much  as  in  him  lay  t*>  endeavour  the  dis- 
paragement, if  not  the*  supuiTssiug  of  the  fur- 
ther  discovery  of  that  hellish  and  damnable 

ert ;  the  said  Lord  Chief  Justice,  without  the 
owledge,  consent  or  approbation  of  his  mu- 
jeity,  or  any  of  Ids  learned  counsel  in  the  law, 
or  the  said  Dr.  Titus  Gates,  or  3Ir.  William 
Bedlow  ;  did  voluntarily  give  the  said  Osborne 
liberty  to  make  an  afhdavit  before  him  upon 
oath,  of  the  trutli  of  the  said  tact,  he  had  be- 
fore, as  aforesaid,  denied  iip<in  his  oath  ;  with 
intent  that  the  same  miffht  be  maile  use  of 
against  the  said  Dr.  Titus  Gates,  and  Mr.  Wil- 
uam  Bedlow,  to  their  disparagement,  and  the 
a|iparent  prejudice  of  bis  miutisty,  against  the 
md  eonspiraton,  in  the  said  High  Treason. 
3CL  lliat  he  the  laid  Lord  Cluer  Justice,  to 


manifest  his  slating  opinion  of  the  evi 
tJie  said  Dr.  Titus  Gates,  and  Mr. 
Bedlow,  in  the  presence  of  hia  mos 
maiesty  and  the  right  hon.  the  hyrds  an 
of  his  majesty's  most  honourable  privy  i 
did  daix;  to  say,  that  he  had,  thought  t 
Titus  Gates,  and  Mr.  William  Bedtow, 
had  an  accusation  ready  against  any  bod 

XII.  That  at  the  assize  holiTeii  a 
mouth  last,  the  said  Lord  Chief  Jwvtio 
presence  of  several  justices  of  the  pe 
the  said  county,  did  say  to  Mr.  Williai 
low,  that  he  did  believe  in  his  cunacien 
Richard  Langhom,  whom  he  condemn 
wrongfully,  to  the  great  disparagrme 
majesty's  crown  and  dignity,  tlie  jastic 
court,  the  jury  and  evidence. 

XIII.  That  the  said  Lord  Chief 
contrary  to  the  dignity  of  hia  plaoe,  di 
merchandize  of  the  triab  of  certain  pi 
be  tried  in  Statfordshire,  and    took 
guineas  in  earnest ;  then  sold  Che  saki 
other  persons,  refusing  to  retnm  the  sai^ 

Siineas  to  those  from  whom  he  had  i 
em.  And  furthermore,  before  the  tri 
George  Wakeman ;  he  the  said  Lon 
Justice  did  bargain  with  two  booksd 
150  guineas,  for  them  to  print  the  tria 
in  c^ai^  they  would  not  lay  down  the 
beforehe  went  into  the  court,  he  wouk 
into  the  court,  but  would  go  into  the  o 
and  if  the  sani  trial  by  reason  of  ha 
could  not  be  finished  in  one  day,  he 
have  100  guineas  more,  or  to  that  ter^ 

The  ANSWER  of  Sir  WILLIAM  SCR 

knt.  Lord  Chief  Justice  of  the  C 
King's- Bench,  to  the  Articles  of  Mi 
Gates  and  Mr.  William  Bedlow. 

I.  Tothe  first  he  saith.  That  tlie  kx 
dencll  was  bailed  by  the  Court  of  King'i 
in  open  Court,  and  afierwards  by  thi 
discharged ;  with  thu*,  that  W^ilhain 
did  inuwrtune  the  lord  Westmoreland 
the  said  loi*d  Bnidenell  dischargetl,  for 
had  nothing  to  say  against  him,  as  he  sai 
lord  Westmoreland.    (See  the  Itules  of 

II.  To  the  second,  be  saith,  That  t 
omitting  or  mlsropeatiug  the  evideno 
George  Waken lau's  Trial,  it  ih  a  re 
upon  the  whole  court  to  suppose  it  tri 
that  they  should  let  it  pass.  But  he  sai 
1^1  r.  Gates  being  a:fke<i  at  that  trial,  whi 
not  cliHrge  sir  («eorge  Wakeman  at  the 
table  with  a  letter  under  his  uwa  hand  a 
ing  the  death  of  the  king  ?  He  am 
He  did  not  know  but  that  he  did :  to  v 
Hns  replied.  It  is  plain  he  did  not ;  lor  tl 
council  would  have  committed  him.  To 
Mr.  Gates  replied,  that  that  council  woul 
mlt  nobody  for  tlie  plot ;  which  mi^hl 
cause  of* the  misdemeanor  of  frowning 
articles  mentioned. 

III.  To  the  third,  he  saith,  he  doth 
member  that  ever  he  expressed  much  oi 
ing  their  credit  beibre  their  trial ;  but  thi 
were  some  paisagesat  that  trial  whid 


rTATE  TRIALS,  32  Charles  II.  l6SO.^Lord  Chief  Justice  Scroggt.    174} 


■t  caoK  of  doubt :   which  he  h<^»efi 
i  do,  wtthoot  making  it  aa  article  of 


nd  V.  To  the  fourth  and  fifth,  he  saith 
ncnons  in  the  articles  mentioned,  were 
A  by  lum  for  publishing  several  libel- 
■cumUIouii  papers,  whicn  were  proved 
bem  upon  oath :  which  commitments, 
a  Fenie-Covert  aluo,  notwithstandincf 
m  and  Mr.  Bedlow's  skill,  were  accord- 
V :  though  there  is  no  law  for  tliese 
o  calliucto  account  for  judicial  acts 

0  €>cher  men. 

a  the  sixth,  which  is  an  insolent  scan- 
ftrreth  himself  to  the  testimony  of  that 
in  cif  quality,  whoever  he  be. 
To  the  fsevenUi,  he  saith,  that  the  per- 
his  article  weie  bailed  and  discharged 
onrt,  where  the  Attorn^ -General  was 
cd ;  bat  indeed  Mr.  Oates  and  Mr. 

1  consent  was  not  asked. 

To  the  eighth,  he  saith,  he  conceives 
Mt  obliged  to  do  all  the  business  that 
if  the  peace  may  do ;  and  though  with- 
iflence  he  mignt  have  fnven  such  an 
IS  is  meotiooM,  yet  he  did  not,  but  a 
A'  his  did. 

I'd  the  ninth,  he  saith,  That  when  the 
IS  tried,  he  told  the  jury  the  matter  was 
id  so  did  the  rest  of  tkc  court ;  upon 
le  went  away,   without  any  compli- 
Mrl  Oates,  to  try  causes  in  London. 
9  the  tenth,  he  saith.  That  Osbom  made 
»aflMavit8  before  him:  the  substance 
ras,  that  one  Bowring,  a  servant  to  Mr. 
od  said,  that  he  hail  heard  Mr.  Oates 
t  the  kingdom  of  En^^land  woidd  never 
f  iBtfl  it  became  eiectne,  and  the  kings 
^  ike  people.    The  other  affidavit  was 
■  «ii  sent  to  him  by  an  order  of  coun- 
e  aandned ;    wherein  ani<»ngst  oilier 
he  swears,  that  though  at  tlie  trinl  of 
■d  Lane,  it  was  asked  where  Osl)orn 
I  Mr.  Gates's  counsel  answered,  tliat  he 
1 ;    yet  Osbom  swears,  that  lie  at  that 
s  at  liis  father's  house  in  the  country, 
I  Mr,  Oates  knew  it ;   that  he  took  liis 
him  the  day  before  he  went,  and  told 
he  went,  and  saw  a  letter  wrote  by  Mr. 
I  his  father  to  send  for  him.     Notwitli- 
^  it  was  carried  at  the  trial,  as  if  he  had 
d  no  man  knew  whither ;   so  that  tlie 
which  the  article  chargeth  me  for  [kt- 
ID  he  maile,  was  not  sworn  before  nie. 
Bk  aaith,  it  is  UKHre  to  be  wondered  how 
IH  sbonkl  dare  to  chargi*  that  as  an  ar- 
•nneanor,  which  ^"as  said  in  the 
je,  anil  yet  repeated  falser  too. 
at  Slonmouth  assizes  he  <lid  tell 
r,  that  he  was  more  unsatisfied  about 
■dHm's  Iriul  tlian  all  the  rest ;  and  the 
Cr.tfaat  he  was  drcflibly  informed  since 
■t  Mr.  Laiighfim's*  study  was  so  si- 
ll he  that  wfi&ed  iu  his  chamber  could 
^isngbam  write  in  liis  study :  which 
low^scvideDoe. 
t  _  .1  f«ith,  the  matter  coBplaiaed  of  is 


a  mere  contract  with  other  men,  of  which  he 
thinks  himself  not  bound  to  give  Mr.  Oates  and 
Mr.  Bedlow  any  other  ac^count,  but  that  by  the 
taking  of  tiienty  guineas  he  lost  forty  ;  and  that 
his  backwardness  to  go  into  the  court  at  Wake- 
man's  trial,  makes  it  look  as  if  he  had  not  had 
ten  thousand  pounds  to  tavour  Wakeman  in  big 
trial. 

If  these  Articles  shall  appear  to  your  majesty 
to  be  frivolous,  or  scandalous,  or  not  true ;  1 
humbly  pray  your  majesty's  just  resentment 
thereon,  in  honour  to  your  coiuls  and  govern- 
ment. And  that  such  an  unknown  attcnipt  may 
not  go  unpunished  ;  that  the  promoters  may  be 
letl  to  be  proceeded  Against  according  to  law. 

Tlie  Articles  of  3fr.  Titus  Oates,  and  Mr. 
William  Bedlow,  against  the  Lord  Chief  Justice 
Scroggs,  were  h^rd  this  21st  of  January; 
1679,  before  the  Ring  and  Council ;  and  u|H>n 
the  hearing  of  both  sides,  Mr.  Oates  and  Cap- 
tain Beiliow  are  lefl  to  be  proceetled  against  ac- 
cording to  law.  But  we  do  not  find  that  the 
Chief-Justice  recovered  any  damages. 


PROCEEDINGS   against  Sir   WILLIAM 
8CROGG8,*  Knt.  Lord  Chief  Justice  op 

THE  KlNG*8-BeNCII,  AND  OTHER  JuDGES,   Of 

Pablument,  S2  Car.  II.  a.  d.  1680. 
House  of  Commons,  November  93,  1680. 

Lord  Russel.  *•  There  are  some  persons  at 
the  door,  who  can  give  you  an  account  of  the 
illegal  proceedings  of  my  Lord  Chief  Justice 
Scroggs,  in  discharging  the  Grand  Jury  of 
Middlesex.' — 

Whereupon,  several  of  the  Grand  Jury  were 
called  iu,  and  some  other  persons,  who  gave 
an  Account  of  the  carriage  of  that  matter,  as 
will  !>«  at  larc:e  recited  in  the  Articles  against 
the  Lord  Chief  Justice  Scroggs. 

Sir  William  Jonet.f  Sir,  The  preservation  of 

*  See  what  Burnet  says  of  Scroggs,  ante^ 
vol.  6,  p.  1425,  and  Roger  North's  character  of 
him  in  the  Note  at  the  beginning  of  this  Case. 

f  Burnet,  after  mentioning  that  he  obtained 
by  means  of  his  "  Memoirs  of  the  Dukes  of 
Hamilton,"  the  acqnaintance  and  friendship  of 
sir  William  Jones,  then  Attorney  General,  pro- 
ctiCfls,  **  He  was  raised  to'uiat  high  post 
merely  by  merit,  and  by  his  being  thought  the 
greatest  man  of  the  law :  for,  as  he  was  no 
flatterer,  hut  a  man  of  a  morose  iempcnr,  so  he 
was  against  all  the  measures  that  they  took  at 
Court.  Thev  were  weary  of  him,  and  were 
raising  sir  John  King  to  vie  with  him  :  but  he 
died  ill  his  rise,  which  indeeil  went  on  very 
quick.  Jones  was  an  honest,  and  wise  man. 
lie  had  a  roughness  in  his  deportment,  that 
was  very  disagreeable  :  but  he  was  a  good  iia«- 
tured  man  at  bottom,  and  a  faithful  friend.  He 
grew  weanr  of  his  employment,  and  laki  i| 
down :  and,  tliough  the  Great  Seri  was  offered 
hi|p,  he  would  not  accept  of  it,  nor  Ktiwu  ta 


Sl    • 


175]  STATE  TRIALS,  32  Cuahles  II.  \6B0.^Proceedhigi  againni 


tlio  flroTemment  in  general,  as  well  ns  our  par- 
ticular Kufottes,  have  a  di'piudaui.'e  \\\y.m  the 
niatttMT  that  ik  now  before  \  uu  ;  in  whieh  there 
are  so  many  uiiscari-ia|(v.'8  mi  coin  plicated,  as 

husiniss,  The  ({uickness  of  his  thoughts  car- 
ried his  vie\^s  far.  And  the  Kouniess  of  his 
temiHT  made  him  too  apt  both  to  suspect  and  to 
despise  most  of  those  that  came  to  him." 

Aitcrwanls,  the  bi^^hop  sjK^akin^  of  the  dis- 
mission of  lont  Danby^s  (larty  and  the  intro- 
duction of  Essex  to  tfie  treasury  in  1679,  says, 
*^  No  |)art  of  the  i-liaiiire  that  was  then  made 
was  more  acceptable  th:ui  that  of  the  judges. 
For  lord  Daiiby  had  brought  in  some  sad  crea- 
tures to  those 'impi»rtant  |M>sts,  and  Jones  had 
the  new  rootlellhi*;;  of  the  Leuch  ;  and  he  put 
in  ^ery  worthy  men  in  tlie  room  of  those  ii^iio- 
raut  judges  that  wt*re  now  dismissed.'*  As  to 
this,  it  maybe  obstrr\id.  that  if  sir  William 
Joiit*s  pissi'vMnl  the  pouer  W  completely  new 
modelling  tlic  Bench,  he  appcais  to  have  eiu- 
pkiyetl  it  u  ith  inore  moderation  than  miprht  l>e 
expected  frum  a  man  oi'  such  a  tt*in}K'r  as 
Uumct  has  di-scribcd  sir  William  Jonis  lo 
ha^  e  b<m.  Of  his  zeal  and  acti\  ity  nsfainst 
loni  Staifurd,  priK>ls  are  to  U>  seen  in  thi  Tri::l 
of  that  lortl.  and  in  the  l\i;-liaineiitary  History . 
He  Mas  out' of  tlK-  luo^t  strenuous  and  peiii- 
aacious  supjHM-ti  rs  of  the  LS'dl  fur  t  xi-lcdintf 
the  duke  of  York.  StH:*  tlie  I'uriiaitK-utary 
History.  See,  too,  1  tiurui't's  Own  Times, 
■«k'»,  40o. 

Sir  \\  iliiain  Teni(>le.  uiciitiouiiiir  ^ir  William 
Jom>  fnterini:  itjii>a  the  Bill  of  L\elu>iun.  bo 
abruptl\  and  m>  desivratih  as  hv  did,  a-lds, 
"  Ami  ihi»  per^ui  u;i%i:isf  the  name  i-f  thi- 
preaii-si  lawyer  i}\'  Kncliuui  and  cvMnmi.*nlv  of 
a  *cr\  vise  uutu,  iH-xidiN  this  of  a  wry  ricli. 
and  «tf  a  ^^ar^  or  rather  liiiiorous  naiun.*,  inaite 
iR'xiple  sreiHT-alK  cuiichhle  that  the  ihliu:^  \ia5 
t.\Ttaiii  an«l  skfu'e.  ttud  would  at  ia<»t  be  ^•.fiittt^ 
on  all  parts.  ^«luto«T  eoumefLiine  W(\^-  Uiiuk 
ai  i*»nsn."  \iid  Swifi  hx»i  in^Ttctl  in  h:s  V;i- 
)kiid;\  Ti<  ihc  thirtl  l*;ui  i.f  Ttiiii-le's  3Uiin»iPs 
th»  f.»lu«i*iMs;  \i'iy  ci*. inr.s  An  ■»•■!■  »te.  ^.hirh. 
ill  h:s  pn-nuv,  li*  VJX"!,  Ti  luplt-  l'.»'.ii  tian  :  ••  Sir 
\\  tl!i Jill  .1  •■!»<■<  \iu<»  re^iuud  \>uc  of  tiie  Ik's! 
s|»^':.ke'.>  'v.\  \\.c  W  i.Nf.  ^'.\y\  u.:.N  xrry  /c;U^»ii> 
iii  ri>  rt^lcii\«'iirs  I'll-  •souTi'tif:'^  iht  \\i\\  i>f 
K \i" Ills  •  •« .  Ill-  « a»  a  ; K  rs. M  of  jjnreat  | '^rt \ 
jp.d  t  irTiiv .  an;!  \xa^ i:  z  iv.t^t:;  a:.  a.'iLVtiiui  to  >a- 
\*  ■.lli.iiu 'IVn:!''.' ,  w.i*  M-  ■}  l»  SeV  hslii  •-U1- 
^'i.  \«»'  in  ilif  iifi.^irv  "1  s.»  uiiaivcptattW  a 
r.v>.vio^'  T'l.Ki  *-f . I .i:- :••-•%  -;:h.  1c»M.  a::-jiiM 
li:-'  K\  1.  *•.  ■!  1»::."  i««  lii."  Ut'ii'"*';  :!:»•  suH- 
»s^:.t'  «:  '* '  :•!  ill  >.«  ^-  ;he  a.;;;i- r  i»  i»«n  ii 
«^>  V'^  :'.  :  •  ;  ■  .i:**'::'  ht  \*a»  vM  .ii.«? 
r\,,H.  X- :•  '\ir.r..i  •.!•  i»..  vmi.  But  y-u. 
•>ji'i  !:  .   '^*    ■'  ..i    .1.-     r'»t\»'»il.tv  I  '  ,.■  i»»  Me  tlu 

•  r-i*  ••    ><:,•.-:.  \"U  'ij^r  iK»»  L'U»»i^hi  us  in.>m 

•     i         ■       '  ■■ 

•  ;.i    K    • 

>ir  ^^  ■  'T2  J-'T**?  U  iTen^rally  rr^Hitcd  if 
faA«e  bivu  iL«-  utat-ri^r' [lie  - JuAtml  Mu^r!4 
Yxvik-aLvia  •.4''tnc  PrxvptLopi  •jt'  tikr  l«o  hM 

fMiaBucflV  tfi  Kjif  Chftikt  iIm 


there  ariseth  some  difficulty  bow  to  i 
them.  I  cannot  but  observe,  how  the 
mation  is  here  ai^ain  mentioned ;  by  wl 
may  concUiile  tliere  lieth  a  fj^reat  weigli 

[4  Cobb.  Pari.  Hist. Appendix,  No.  W 
tchard  1008  ;  3  Kenn.  399 ;  1st  cd 
foke  seems  not  to  think  it  ceitain 
William  wrote  it,  but  yet  to  admit  the 
re]>iitation  that  he  did.     Burnet  says,  ' 
at  tirst  petuied  by  Sidney  ;  but  a  new 
was  luaile  by  Soiners  and  corrected  by 
with  which'  pretty  nearly  agrees  (^k 
account  that  it  %«as  llrst  drawn  up  b\ 
m»on  Sidney,  tlicn  iniprorcd   hy  lord* 
and  XasA  of  'all  corrected  by  the  very* 
sir  William  Jones. 

Ro^'r  North,  whose  lan^^uage  is  in 
sufficiently  un&|tarin^  of  those  whom 
liked,  and*  M  ho  «lisliked  sir  WiUiain  Jo 
only  for  his  political  principles  and  com 
tor  his  prole.isi«»nal  liralry  with  sir 
North  ;    nevertheless  asenbes   to  hi] 
merit.     ''  1  am   persuaded,"  says  he, 
beiiiji;  ill  place,  he  was  very  weary  of 
pnxwcutions,  as  lie  Mas  afterwards  • 
amons;^  the  heads  ot  a  faction  a^nst  tl 
iu  \khich  he  had  sened  :  the  former 
noxious  to  uneasy  reflections,  that, 
attlor  he  exceedeJ,  innocent  blood  mi; 
the  rear  of  liim  ;  and  the  other  touchc 
pututiun,  as  not  eitasLsteut  with  the 
<»f  a  servant,  who   thou<i^h  never  so 
should  not  piibllcly  riy  in  his  quondam 
face,  .ill  w  hich  niatioi-s  must  ur-«nl<  U» 
l.y  one  of  Ins  ikii.'I ration  and   iuii^rui 
who  x.asiio  ill  man  ai  the  bt»ttt>iii.  tho 
iip.l'jiiiy  misiiakeii  in  his  eonduct.     Am 
U'Jievt,  that.  uU  riioi);;  \^^.  aimeil  at  s 
poM   in  the  law.  thin  till,  d  bv  itie   b 
iu^'ti'V  Notih,  and   dirtuted  all  his   . 
waid>   iu   jir.»fK»<iui:  t«»  hiiiiM-f.   in   j 

liiat.    to   ffilA|>JSS    ii:>  ripil    and     Ff-tTr 

miii::  bin  he- this   d;s3])|i.iiiTei1   aiid 
cr*-,*.-;*:!'!  iht-  uiu'-.LMiios^  uj   h:«i  ir.l'nl,   g 
.i>thc  prorTtrs.  :.  ■  '.lad  muu-  ;u^  arils 
X  i«.}*'r.t  .111.1    II TV  iTiilar  :  uU    u  ni:  "n    |„ 
ii«>'U'    iM   r^-^' lvt    iif:ir!\  rHji.-t-    I    ha* 
Aiurlhi' Ovic.-ii  .Mr'.-j'iiCi,!.  Iv  ^ i,i  q. 
iiiM-'h  ;.".»r'»aii.      Hi  ijuu,!  >i,a;t';l.u.  v. 
unh-.jiij.i:  ^-  j-..-?r!y  w,    :^,  w    ,.!.»   rj.»i 
come  i..i«iilu   r-    i.: '..in  re  iit-  w.i*. 
>■»:■■•  v.ri\'t\    a...   v.n:-     wo.'i  ii.tat. 
ri..i-  1  r  ■  £    •«  .k.-  «»  a  »i  .1   f.ji-ii:.^  »!•:  a,iui 
j«.  :  o'  •■!'.  .  -  V. ..^.     lie  ;i.;.t  i  i;p"t.it  1 

^i'.    it.»  .■■»'.t    ;.     Iii-:  1.%  ■»!  I  .  lii.viflit'v  j 

.-"*  S»n'  ^...  .  ^.  1  ...  r  *^.-,^  ^  ,\  t 
:.ir   u   .  .  r-.        ^-. -.1   k:p,   CI 

■••■■■      •    » -I*  ;   .   1  -    'if  knv\ 


« 

c-.?  ■       -     - 

I  ''-■  -4.'.;  .  •  j»  .i       ,■..<:?,  'v.t   » 

1  ■'■•■\.tM    ti  -,»  .    iiin(\-    »;■► '..#  r»'a>   ter 
lU  f>  h"ii*»  la  li".ik:ni;ruini'<!irf .  «lMi 


HATE  TRIALS,  52  Charlbs  II.  l6SO.^Lord  Ckk/JuHice  Scraggi.   [175 

they  should  have  known,  that  though  a  Pro- 
ehuuation  might  be  of  great  use,  to  intimate 
the  observation  of  a  law ;  yet  k  had  never  bcei» 
used  instead  of  a  law.  But  yet  I  do  not 
admire  so  much  at  this,  as  I  do  at  the  dis- 
charge of  the  Crand-Jur}',  before  th^  had 
finished  their  presentments.  Tt  tends  so  rauclr 
to  the  subversion  of  tlip  •.'stabiished  htws  of 
this  land,  that  I  cluix*  pronounce  that  all  the 
laws  you  liuve  ah-eadv,  and  all  that  you  can 
make,  will  signify  uottiing  against  any  great 
man,  unless  vou  can  remedy  it  tor  tlic  futur*". 
I  observe,  tfierc  were  tuo  reasons  why  thi» 
Grand-^ury  were  so  extrajudicially  discharged ; 
one,  because  tliey  would  otherwise  have  pre- 
sent!^ tlic  duke*  of  York  for  a  Papist  ;•  the 


tifjtA  to  petition  by  means  thereof; 
the  best  way  to  reuiove  it  is,  to  find 
Imen  and  contrivefs  of  that  Procla- 
1  onier  to  proceed  against  them  ac- 
» their  deserts.  Without  which,  what 
f  done  in  ■■fifing  the  right  of  peti- 
nil  remain  with  some  doubt ;  and 
:  advised  the  proclaiming  to  the  ^eo- 
it  b  seditious  to  petition  the  lung, 
lat  chvrtiseinent  they  deserve.  And 
1  humbly  conceive,  yon  will  do  well 
r  of  it  as  soon  as  jon  can.  It  is  not 
:hai  the  iVocbmation  shall  be  made 
h  country  gentlemen,  to  get  abhor- 
titioning*;  seeing  the  Judges  thcm- 
'e  made  use  «if  it  to  that  purpose : 

I  oonsidt  of  the  common  aifair ;  wlie- 
p  or  aliiT  the  Rye  discovery,  I  cannot 
•ilher  way,  it  most  sit  hard  upon  sir 
ones's  spirits,  who,  being  a  lawyer, 
mill,  in  the  general,  no  bad  man,  w  as 
his  work  the  formal  wa^ ,  and  hated 
Ho  that  knouing  the  horrid  consc- 
od  hazards  of  that  Plot,  which  could 
ct  to  hiiu,  tlie  thoughts  of  it  wt-rc  a 
I  hifl  mind.    And  it  is  said  an  unoircd 
lim  a  great  cold  ;  under  whi<'h  iii- 
ivin?  lead  at  his  heart,  nature  wp.nted 
aster  the  distemper  ;  so  it  turned  to 
at  icvcr  and  earned  liim  off. 
as  a  fierson  of  a  very  clear  under- 
and  (if  possible)  clearer  expressiuii ; 
e  was  assisted  with  an  extraurdicar}' 
ihad  of  both,  as  also  of  his  own  ge- 
th,  for  that  was  his  foible.     He  ivas 
proud,  and  impatient  of  competition, 
•  more  of  btiLg  lett  beliind,  as  it  was 
c  lo  he  in  the  cfiurse  of  his  prefcr- 
mHjv  he  missed  of  his  desired  post, 
partly  occasioned  a  sort  of  resttess- 
cfa  made  him  commit  several  gross 
the  main  cliances  of  his  tife.     His  feU- 
De%'pr  to  be  disturbed  in  speaking,  nor, 
mrlience  or  emergence,  put  by  the 
od  connection  of  his  thoi^hts  ;  but 
lib  a  constanc3%  steadiness,  and  fleli- 
admirable   in  his  way  ;    so  tliat,  in 
as  counsel,  one  might  mistake  him 
3<!jp.    He  affected  somewhat  of  the 
rase  ot  hi*  own  country,   which  was 
crchirc;    as,  to  instance  in  a  word, 
isteail  of  Although,  as  we  pronounce, 
tt  no  di«i<Ha!itage,  but  rather  set  him 
irtudiedthe  (aw  in  Gray's  Inn,  ami 
t  IB  the  Kinfr's-bench  practice.     He 
dn  general  learning,  as  history  and 
r,aad,  as  great  men  usually  have  their 
>hli  was  to  |irofcsH  of  that  sort  more 
l^pd  to  hiui.    And  accordmgly  he 
gglpany,  wlio  were,  for  the  most 
■■^  nich  as  were  most  eminent  in  his 
LiUqInii,  ^c.  and  I  dare  say  they 
M^B  hb  company,  than  he  in  theim. 
Ipikdbisfelicitifla;  his  infelici^  was 
^I'lniaidB  the  anticourl,  or  rather 
iV|M^  I  umI  conse^pMiilly  mofX  be 
VQl, 


a  fa^  ourer  of  noucoiiforiiiily  ;  for  opposites  to 
goi-emnuiit,  of  all  kinds,  sioni  to  make  but  one 
(HU-ty.  Whatever  his  thoughts  were,  it  is  cer- 
tain this  course  was  wholly  out  of  the  way  of 
his  aims;.  He  had  anutbei*  great  disadvantage, 
wliich  w  as  timidity ;  he  could  not  supiHirt  liim- 
selt  under  any  apprehension  of  daiicfcr.  Once, 
bein£^at  his  house  at  Hautpstead,  about  the  be- 
ginning Ui'Oatc's's  disro^eiTf  whether  for  n*al 
(tr  nirccted  fear  hf  \i\\{:\s  beil,  but  it  is  critiu'n  he 
sent  n:j  cxpivss  lo  his  hous*^  in  London,  to  have 
all  his  hillL'ts  i-eiiioved  out  («f  his  collai's  into  his 
back  %('ir(l,  lest  tlie  jiapists,  with  fireballs 
thrown  in,  shoi:M  fot  his  Louse  on  fire.  And, 
as  he  \^us  apt  to  bo  dejected  upon  melancholy 
r<:ric*ctii>ns,  s;>,  on  the  other  side,  he  wa*:  coni- 
itionly  elated  and  triuinpliant  when  he  had 
tiiirer  pr4)sj>ects.  But  his  greatest  misfortune 
was  his  miNlukeu  i>olitii*8  ;  for  he  thought  the 
croivn  must  needs,  at  Ic^ngth,  truckle  to  the 
House  of  Commons  :  but  this  error  being 
common  to  the  whole  faction  with  whom  he 
conversed,  it  is  no  wonder  it  infected  him.*' 

Tlie  Examcn  contains  a  considerable  number 
of  anecdotes  respiting  su*  William  Jones. 

Dryden,  in  allusion,  1  conjecture  to  the  Bill 
of  Exclusion,  describes  him  m  <  Absalom  and 
Achitophel,'  under  the  character  of 

**  Bull-faced  Jonas  who  coidd  statutes  draw 

To  mean  rebellion  and  make  treason  law." 

*  In  what  Macphcrson  calls  the  life  of  King 
James  tlic  Second,  written  by  himself,  (see  tlie 
Introduction  to  lord  ClariHidou's  Case,  vol.  6, 
p.  291,  of  this  Collection),  the  following  jpas- 
sages  occur  resjiecting  the  l^«sentment  or  the 
duke  of  York:  '<  January,  1681,  on  Oates'a 
affidavit  that  he  had  seen  the  duke  of  York  at 
mass,  and  rec%*ive  the  sacrament  after  the  rites 
of  the  Churcli  of  Rome,  the  Grand-jury,  ailter 
U'ing  discharged  at  Hidca'a-hall,  were  sent  for 
hy  the  Justices  of  the  Old  Bttiky,  and  prpsented 
hiin  for  Hecusancy^  wliich  allowed  a  pretence 
for  the  duke  to  appear  afler  Plroclamation,  as 
the  duke  of  Norfolk  and  others  had  done.  But 
thb  was  neither  sale  nor  practicable,  so  was 
removed  by  Certiorari  to  the  Kin^'s-bench, 
and,  if  necessary,  by  a  NoU  Protequi.  March, 
1681,  Arguments  by  Smith,  a  lawyer,  against 

N 


179]         STATE  TRIALS,  3-2  Ctt  ABLES II.  l6S0i— IV«cccAift  agiriait 


[II 


odier,  hecMXue  they  iirRscnteii  a  IVtitioa  to  be 
deiiyered  to  the  tunif.  Hot  the  sitting  of  the 
parikoient ;  wliich  tfK^y  8aid  it  was  not  their 
Mianefls  to  deliTer.  Tfiongh  I  cannot  but  ob- 
sen  e,  how,  upon  other  occasiims,  tliev  did  re- 
ceire  petitioys,  and  deh^ercd  them  to  the  king^ ; 
and  afl  the  difference  was,  that  thoae  netitioiis 
CO  delivered,  woe  against  sittings  of  parlia- 
menti.  The  truth  is,  I  cannot  miirfa  condemn 
them  fiv  it ;  for  if  thev  were  guihy  of  such 
crimes  as  the  witnesses  Lstc  this  day  given  you 
information  of,  I  think  they  had  no  nason  to 
further  petitions  for  the  sitting  of  a  parftianient. 
But,  Sir,  this  business  will  need  a  hirtber  infor- 


removing  the  dufce  of  York's  Presentment  by 
Ceriiotm,  The  duke's  counsel  not  prepared 
to  answer  a  ttiing  ne«er  yet  disputed,  so  pre- 
vailed with  the  court  to  adjouni  till  the  answer 
could  be  framed,  which  provini;  satisfactory, 
the  Certimwri  was  granled."  Collins,  in  lua 
pDeracc,  calk  the  instrument  an  indictment  of 
the  duke  of  York  for  not  oominf|^  to  church, 
which  was  presented  to  the  Grand-jury  of  Mid- 
dlesex, on  June  16,  1680. 

In  the  volume  of  State  Tracts,  wliich  was 
poUishod  ui  1689,  is  the  foDowing  artide : 

Reasons  for  the  Indictment  of  the  Duke  of 
York,  presented  to  the  Grand- Jury  of 
MkUksex,  Saturday,  June  26,  1660.  By 
the  persons  hereunder  named. 

f .  Brcaiiwe  the  9oth  Car.  2,  when  an  act 
waa  made  to  thnnv  Popish  Remsants  ont  of  all 
ofiioes  and  places  of  tni<Et,  the  duke  of  York  did 
kiy  down  several  great  offices  and  placet  (as 
km  high  admiral  of  England,  apeneralissinio  of 
all  his  majesty's  forces,  both  by  land  and  sea ; 
iro^'emor  of  the  Cinque  Ports,  and  divers  otherH) 
thereby  to  avoid  the  puiushment  of  that  kw 
against  Pi^sli. 

S.  SOth  Car.  2.  When  an  act  was  made 
to  disable  Plipists  from  ^tling  in  either  House 
af  PMiamont ;  there  was  a  proviso  inserted  in 
thalact,  Thnt  it  shouM mit  extend  to  the  duke 
of  Todk.  On  purpose  to  save  his  right  of  sit- 
ting m  the  Lords  House;  thovghlM  refuses 
to  lake  those  oaths  which  Pkoteitant  peers 
oaghtindo. 

3.  That  his  ni^y  in  hbiipeecb,  Hatch  6, 
the  3l8t  y«ar  of  hn  reign,  dott  give  for  •  ran- 
aon  to  the  pariiament,  why  he  sent  hit  hiothcr 
«ut  of  Engkind  ;  because  he  would  leave  no 
mm  room  to  sav,  that  he  had  not  reni6«'ed  all 
cause  which  might  mfloence  him  to  Popish 


motion;  and  ihereforo  I  honWy |f«y it M 
be  referred  to  a  ooaumHee. 

Sir  Hemry  CapeL  lUs  mmar  »  sT  \ 
gveafeesi  monmut.  We  aie  under  the  secad 
of  partiamenta  for  redroMig  our  giie»epe 
and  another  oni  of  pariiMaee^  that  ika  k 
have  its  oourae^  thai  the  jodgea  ehiiiuit  i 
the  law.  I  obaerve  thai  theaa  judgii  i 
grown  omnipotent.  ^  They  have  done  ihi 
things  which  tbey  shonld  hnve  left  ondoe 
This  is  ver^-  fine,  that  judgpta,  w^  must 
upon  the  Bench,  aMHt  he  dropped  at  Wki 
hall,  before  they  cone  to  WeatnSneter-hd 
and  I  know  what  law  vie  nuMt  kavey 


.  f-J^  *««  *Mivc  been  divers  letters  read 
m  both  Howes  of  Pteliament,  and  at  the  Sc- 
cret  ConiBritieca  of  boA  Houses  from  several 
»*«»»Md othcn ai Rome ;  and  also  from 
•*°*'^'f^j»»Kope  and  egento  of  the  Pope, 
■Brt^  foreign  parts,  which  do  apparently 
^ew^  great  conespendenries  between  the 

gg"  ly*^  *n*  ^^  P^-  And  how  the 
j^ggeenM  not  eboaae  but  weep  for  joy  at  the 
«■"»  •flme  of  tbe  duke's  kfteie,  and  what 


great  satKfoction  it  waa  to  the  Poi>e«  to  hi 
the  duke  was  advanced  to  the  Catholic  lefigii 
Thai  the  Pope  has  granted  Bmov'b  to  i 
duke,  sent  him  beads,  ample  indiilgenoes,  w 
much  more  te  this  nurpose. 

5.  That  the  whoiB  House  of  CemmoiiB  hi 
declared  him  to  be  a  Papist  in  their  Votes,  8| 
dav  Ipril  6,  1679.    '  Resolved,  utm.  am,  11 

the  duke  of  York's  being  a  papist,  and  < 
hopes  of  his  coming  such  to  the  erown,  1 
given  the  greatest  countenance  and  enei 
ragement  to  the  present  conspiracy  andt 
'  signs  of  the  papists  against  the  King  and  p 

*  testant  rriigion.' What  this  Conspin 

and  Design  is,  will  appear  by  a  Declaration  mi 
to  both   Houses  'jf  Paruament,  Blaieh 
'  Resnlwd,  neM,  an.  by  the  Lorda  Sjpnrit 
'  and  Temporal,  and  Commons  in  pa"v«" 

*  assembled  ;  tliat  they  do  declare,  that  tl 
'  are  tullv  satisfied,  by  the  proofo  they  h 

*  heard,  there  now  is,  ami  for  divers  years  1 

*  past  hath  .been  a  horriil  and  treasonable  ] 

*  and  conspiracy  contrived  and  carried  on 

*  tlKkie  of  the  po|Hsh  religion,  for  tlie  murder 

*  of  his  maiestv's  sacred  person,  and  for  s 
'  vertuig  the  iroteatant  Religion,  and  the ; 

*  cienl   well    established   government  of  1 

*  realm.' 

6.  TbalbesideBallthisproof,  and  much  m 
to  this  purpose,  it  is  most  notorious  and  evidi 

!  lie  hath  for  many  vears  alMcuted  himself  fi 
Protestant  Churcnes  during  religious  w 
ship. 

These  are  the  Reasons  why  we  behevc 
ihihe  of  York  to  be  a  papist. 

Huntington,  Shatbiburv,  Gray  of  Wi 
L.  Rnssel,  L.  Cavendish,  L.  Branilon,  Sb  1 
vrard  Hui^rford,  kt.  of  the  hath ;  Sir  H 
Cahrerly,  Tho.  Thyn,  esq.  \\'in.  Forrester,  i 
John  lirenchard,  esq,  Tho.  Wharton,  Sir  HV 
Coopo*,  hart.  Sir  Gilbert  Gerrard,  hart. 
Scroop  How. 

The  Jury  was  sent  for  up  by  the  coor 
King's  Bench,  whilst  they  were  on  this  Indi 
ment,  and  dismist,  so  that  nothing  was  fiut 
done  upon  it,  saWng  that  the  Jury  received 
presentment.  And  by  the  disniission  of 
Jury,  a  very  great  number  of  the  indietUM 
weredischaiirged.  A  thing  scarcely  to  he] 
rallded,  and  of*  very  ili  consequence,  not  oi 

!  to  many  private  pcrsoRs  but  chieiBy  to  • 

I  public.  * 


7^ 


111 ]    STATE  TIHALB^  32  Ch ablks  II.  1(80.— £ori  Chief  Jmike  Scraggs.    [  1 82 

those  you  hive  aUrMuly,  at  of  those  you  are 
DOW  making,  we  shall  spend  our  time  to  lit- 
tle purpose. 

Mr.  Saeheverel.  Sir,  the  husiness  of  tliis 
debate  is  a  great  instance  of  our  sick  and  lan- 
guishing condition.  As  our  ships,  forts,  and 
castles,  are  for  securing  us  fttnn  the  danger  of 
our  enemies  from  abroad,  so  our  laws  from 
our  enemies  at  4iome ;  and  if  committed  to 
such  parsons  as  will  tuni  their  stroi^h  upon 
ns,  are  equally  dangerous.  8ir,  we  all  know, 
how  the  government  of  Hcotland  hath  been 
quite  altered  since  his  migesly's  lUistoration, 
by  some  laws  nuide  there ;  pray  let  us  have  a 
care  that  ours  be  not  altered,  by  the  corrupt 
proceedings  of  judses,  lest  we  be  reducMl  to 
the  same  weak  condition  of  defi»fliiig  oimtelves 
against  popery  and  arbitrary  govemmcsit  here, 
that  they  are  there.  If  judges  can  thus  {ire- 
vent  the  penalties  of  the  law,  by  discharging 
grand  juries  before  they  have  made  their  pre« 
sentttienta,  and  can  mala;  laws  by  their  rules 
of  court,  the  gnvenunent  may  soon  be  subvert- 
ed ;  and  thei^mre  it  is  high  time  for  this  House 
to  speak  with  thmie  gentlemen.  In  former 
times  several  judopes  have  been  impeached, 
and  hanged  too,  for  krss  crimes  than  these; 
and  the  reason  was  because  they  had  broke  the 
king'k  oath  as  wdl  as  theur  own.  If  what  hath 
been  said  of  some  of  these  judges  be  fully  prov- 
ed^ they  shall  not  want  my  vote  to  inflict  on 
them  the  same  chastisement.  The  truth  is. 
Sir,  I  know  not  how  the  ill  consequences  we 
justly  fear  fkwn  judges  can  be  prevented,  as 
long  as  they  are  made  durante  bene'vlucito^  and 
have  such  dependencies  as  they  nave.  But 
tliis  must  be  a  woricof  time :  in  order  to  remedy 
oar  present  grievances,  let  us  pass  a  vote  upon 
this  business  of  diseliargli^  grand  juries; 
and  that  it  may  be  penned  as  the  case  de- 
serves. 

Mr.  H,  Sidney.  Sir,  I  would  beg  leave  to 
observe  to  you,  necause  I  think  it  may  be  ne- 
cessary to  to  be  conildered  by  your  comitifttee 
what  an  opinion  was  given  not  long  since  by 
some  of  these  judra  about  printing ;  whicn 
was,  that  printing  of  nan's  mignt  be  pnriiibited 
by  law ;  nnd  aoeordingly  a  proclamation  issued 
out.  I  will  not  take  on  me  to  censure  the  opi- 
nion as  illegal,  but  leave  it  to  your  forther  con- 
sideratSon.  •  But  I  remember  there  was  a  con- 
sultation held  by  the  judges  a  little  before ;  snd 
they  gave  their  opinion,  that  they  knew  not  of 
any  way  to  prevent  printing  by  law  ;  because 
the  act  for  that  purpose  was  expired.  Upon 
which,  some  judges  were  put  out,  and  new 
ones  put  in  ;  and  then  this  other  opinion  was 
given.  These  things  are  worthy  of  a  serious 
examination.  For  if  treasurers  may  raise 
money  by  shutting  up  the  Exchequer,  borrow- 
ing of  the  bankers,  or  retrenchments ;  and  the 
ju^^  make  new  laws  by  an  ill  constniMion, 
or  an  ill  execution  of  tlie  old  ones :  I  eonclude, 
that  parliaments  will  soon  be  found  useless ; 
and  tne  liberty  of^the  people  an  Inconvenience 
to  the  govemment.  And  therefore,  i  think, 
Sir,  you  have  been  well  moved  to  endeavoor  to 


lileiHlniaiins  ftom  those  that  advised  the 

fradanliDaagninat  petitioning.    Seethecon- 

MMejiniiMlnaiMidiaatoMiy,  that  the 

ji4^HMvtui  tlingriefiBceBof  the  country, 

whejaigM  ■lOitmdwss  them,and  we  sh  heire 

akcf  AH  miadcmeanors,  and  what 

in  Hw  nliuu>  Uto  jndm  must  rectify. 

m  pmoBBtien,  tGit  they  must  an- 

it    If  tftMbedutteinWesldfnMer-hall, 

tfmin  jariea  in  the  oomtiT  represent 

IhntktmisB?    Suppotethere  should 

!at  of  murdering  a  man's  lather 

,  8cc.  and  the  jodges  take  upon  them 

fe  the  jury  I  this  stops  all  justk»,  and 

Ibec— Biytnte  wiH  be,  men  will  murder  us, 

M  we  kill  tiiem  acnin.    I  move,  therefore, 

teywi  will  proceed  to  punish  tlie  uOender  in 

dmmat  matter,  and  remedy  the  miscaniage 

NT  me  tang  to  come. . 

Sr  F.  fFtimistfton.    Sir,  I  think  we   are 

to  the  old  tunes  agun,  when  the  judges 

did  thij  liad  a  rule  of  ffovemment,  as 

ssamleoflaw;  and  that  uiey  have  acted 

^wwdihgiy.    If  th^  did  never  read  Magna 

Chii1a,Itlmdttheyarenotfittobehidffes;  if 

itoy  hid  read  Magna  Chairta,  ind  do  thus  so 

onbwT,  th^  deserve  a  severe  chastisement. 

Tiiseniigij  grand  juries,  of  purpose  to  dis- 

ippiBM  thnn  of  making  their  prcicntments,  is 

l»*Hfiiii  Ae  subject  of  the  greatest  benefit 

aid  ssemrity  the  law  hath  provided  for  them. 

If  the  nrigci,  instead  of  acting  by  kw,  shall 

te  ielH  hj  their  own  ambition ;  and  endea- 

wr  to  get  promotions,  rather  by  wttrshipphig 

^  tiling  son,  than  by  doing  justice,  Aus  na- 

lin  vfll  aoon  be  reduced  to  a  miseraUe  condi- 

te.  jSi^ppooe  that  after  the  discharge  of  this 

gnai  jpry,  some  person  had  offered  to  present 

MVB  nundii,  treason,  or  other  capital  crime, 

ftrntsf  tlie  ^rand  jmy  there  would  have 

MOiaUinL  of  justice.    As  fouhs  oominitted 

^JHpi  are  of  more  dai^;erou8  consequence 

«  ntnaa  to  the  public ;  so  there  do  not  want 

of  aeyerer  chastisements  for  them, 

ftrathenk    I  humbly  move  you,  first,  to 

a  yule  npoB  this  businesB,  oT^  discharging 

gnnd  jniea;  and  then  to  appoint  a  oonunitlee 

lionne  the  nrascartiages  of  the  judges  in 

Wsitannoler-haUy  and  to  report  the  same  with 

wiwcfn  to  you. 

CiL  TUhm.    Sir.  as  R  hath  been  obseryed, 

te  ttis  bnaiBeaB  hath  some  reference  to  the 

PMhunliaD ;  ao  I  believe,  there  is  somednng 

If  the  pbt  in  it  too.    And,  therefinre  I  think 

iftUs  pbt  does  not  go  on,  it  will  have  the 

yt  lack  that  ever  ^  had ;  seeing  the 

||%BB,  as  wcQ  as  most  other  persons  in  public 

MHi  have  given  it  as  mudi  assistance  as 

V9teaU.    But  whereas  some  have  spdken 

■if  tficn  judges,  I  desire  to  speak  well  of 

■tltae  Ifamg :  I  am  confident  they  have 

*'Sirad  thonselvea  grateful  to  their  be- 

■»■—;  for  I  do  believe,  that  some  of  them 

'^ypiefaiedto  Aeir  places  of  purpose,  be- 

>i«e  thfev  sfaouM  do  what  tliey  have  done. 

lAWa  gf  tminilm  are  but  dead  letters ;  un- 

KMymi  eaaaeeare  theesecatkw»  as  wcU  of 


I  S3]  STAT£  TRIALS,  32  ChAbLfs  U.  i6SO^Procuding$  ^mMti 


pass  your  censure  on  sonie  of  these  illegal  pro- 
ceedings by  a  vote. 

Mr.  Powle.  Sir,  in  the  front  of  Magfna  Charta 
It  is  said,  ^  nuUi  negabimns,  nuili  differemus 
jiistitiam ;'  wc  will  deter  or  deny  justice  to  no 
tmm :  to  this  the  kin^  is  sworn,  and  with  this  the 
judijres  are  entrust^  bv  their  oaths.  I  admire 
what  they  can  say  for  tnamselvcs ;  if  they  ha?e 
not  read  this  law,  they  are  net  fit  to  sit  upon 
the  bench :  and  if  tliey  have,  I  had  almost  said 
they  deserve  to  lose  their  heeds. — The  state  of 
this  poor  nation  is  to  be  deplored,  that  in  almost 
alln^res,  thejudfires,  wlio  ought  lobe  prcscr- 


was  eomndering'  that  matter,  bol  th^ 
interim  made  their  private  opinioa  to 
to  supersede  the  judgment  of  tbb  Honm 
have  dischaiged  Cvnmd-Jvries  ea  pm 
quell  tbehr  prcsentmenta,  and  abeltor  gr 
miiudslrom  justice;  and  when  jurieani 
sented  their  opinion  for  the  Mttmgof  tl 
l»ment,they  have  in  disdain  tlwofinl 
their  feet,  and  told  them  they  vonld  bei 
spngers  tocanry  such  petitiona;  and  y 
few  da^^'s  after,  hare  cnconnged  all  thai 
6|Mt  their  venom  against  the  govemmni 
have  served  an  ignorant  and  ariiitai 
tion,.and  been  tlic  messengersof  dblMRr 


vers  of  the  laws,  have  endeavoured  to  destroy 

thenb:  andthatto  please  a  court- faction,  they  I  the  king.  What  we  have  now  to  4i 
hare  by  treachery  attempted  to  hrcek  the  bon<f8  |  load  thcni  with  shame,  who  biddefiano 
&.^undrr  of  Macna  Cliaita,  the  great  treasury  >  law  :  they  are  g^lty  c4'  Crimea  aganrt 


of  our  peace.  It  was  no  sooner  passed,  but  a 
chief  justice  (Hubert  de  Burg)  in  that  day,  per- 
suades the  king  he  was  not  boiuid  by  it ;  be- 
cause he  was  under  age  when  it  waspassfd.*  But 
this  sort  of  insolence  the  next  parliament  re- 


against  the  king,  agmnst  their  knowkd 
ax^inst  pofiteritv.  The  w  Iwle  frame  d 
doth  knidhr  and  daily  pclitioo  to  Godtb 
tor ;  and  kings,  hke  God,  may  be  addi 
in  like  manner,  by  petition,  nut  oommnn 


lieiilefl,  to  the  ruin  of  the  pernicious  chief  jus-    like^vise  knew  it  was  lawi'ul  to  petition 


tice.  In  the  tiine  of  ftd.  2,  an  unthinking  dis- 
solute jprince,  there  were  juds^s  Utat  did  insi- 
nuate uito  the  king,  that  the  parhauient  were 
onlv  his  creatures,  and  dependecl  on  his  will, 
anu  not  on  the  fumlaiueutal  constitutions  of  the 
land ;  which  treacherous  advice  proved  the 
ruin  of  the  king,  and  for  which  alt  those  evil 
instruments  were  brought  to  justice. f  In  liis 
late  niajesi^'*s  tiine,  his  misfoi  tunes  were  occa- 
sioned chiefly  by  corruptions  of  the  long  robe ; 
his  iudges,  by  an  extra -judicial  opinion,  gave 


ranee  can  be  no  |dea,  and  their  knowlei 
gravatea  their  cnmes ;  the  children  nnl 
boundto  curse  such  proceedings,  for  h 
lietitioning,  but  pariiameuts  tbey  abhorr 
atheist  pleads  against  a  God,  not  that 
believes  a  deity,  but  would  have  it  so.  1 
and  Belknap  were  judges  too ;  their  I 
gave  them  honour,  but  their  viUainic 
their  exit  by  a  rope.  The  end  of  my 
therefore  is,  that  we  may  address  wa 
our  prince  against  theni :  let  us  settle 
mittee  to  enquire  into  lUt-W  crimes,  and  n 


the  king  po^ver  to  raise  money,  upon  any  ex- 

traonliiiaiy  occasion,  without'  |Kiriiamcnt ;  and  |  doinvf  justice  upoo  thrm  that  ha\c  pervi 
made  tliekingjuclg«*«»fsucli  occasions ;  charity  ,  Ictuii  puige  the  tbuutaiii,  and  the  strea 
(irompts  me  to  think  they  thmurht  this  a  service    issue  pure. 

!^v^i.I?*^il  "*"'  *'l-  ^'^«»°«^''««?!,'^«,"'»>;  '  Then  the  Hous?  a?re«l  to  the  foUow 
w««kea»  the  ro>Til  lu  oiert ;  apd  to  mdeayoiir  ! ..  p„j,„rt  Jurv  bv  anv  judge,  l^foieSe 


the  i^ontrary  crtect. — The  two  ;;jeat  pillars  of 

the  LWtToment,  an^  iutli:n.iv:iis  a-id  juries ;    .MauVnf^ihiTSng^ 

It  IS  this  ffivos  u.  the  titk'  ol  irec  Ik™  tn-hsh-  .  .,  ^  apnoaited  to  Ixs 


means  to  subvert  the  fund 
bm.  9.  Hiat  a  coi 


H  li^      >    L  r  I      '  V''?'^''"'"'  '•"'?'  i  ••  theiiidgesin  \Ve>tniiiwer  hall, 

!^,^T'i"i^     •''•".•:'  "'"'■  """  'J?^-  '"the  samo,«ith  their  opinion  th« 
incr,  and  tried  bv  men  ot  tii.^  squne  <N>mHiiou    i.Uvv...  .«• 


examine  the  proceed 

hall,  aw 

thereon, 

.        _  ..  W 11 

with  themselves.       The  tv.:>  ^iifrrat  and   iin- 

doubttnl  privilejics  of  tlie  |kM>ple,  h^ive  *been 

lately  in\adetl  bv  tiie  juili{v»  that  now  sit  in 

Westminster- hall, ;  th4*y  have  espoused  procla-  ! 

iiuti'ins  asnun>t  law;  the  vha^e  discountenanced  !_.     „  •<.i_^         •*       ^t 

and  op^MMJetl  sevmil  U^ii  arts,  that  tended  to    ^hc  Report  •  of  the  Committee  of  tb 

the  «ittuip  of  this  llou:^*;  t)H\v  have  grasped 
die  legislative  powvr  into  their' own  hands,  as 
iu  thai  uwtaiice  ul'  |iriutiiig;  the  parliament 


*•  House.' 

Whereupon  a  committee  u-as  appoint 
they  sal  sei  eral  da^-s,  and  tluni  made 
lowing  Report : 


•  «M  Bohwd,  1  ta.  i  lUpia,  p.  903.  fol.  Ed. 
•r  1T43L    Smmmm  jwiiiiiiy  avalM  Ua- 


-Vi 


■•^ 


of  Commons,  anpointed  to  exam 
Proceeding  of  the  Jldgss,  &c. 
day,llec.  23, 1680. 

This  CoBunitlee  being  inffunned,  thg 
nity-term  bsl,  the  court  of  KingV-ki 


*  '  1  nppauft  John  Wright, 
ChinraH.  to  pri^  llwK  ^ 
BnnliHk  MM  NoiMk  noiHad  hv 
« lif  to  Ike  «ite  «rAe  HooB  «r  Coi 


PATE  ntlALS,  32  Ch  AHLES  If.  1 680,— Lorrf  Chief  Justice  Scrcggs.    [  1 86 


le  gnnd-jiirjr,  that  senred  for  tlie 
Onbloii,  mthe  county  of  Mid- 
mynoMnlinaiiBer;  proccededto 
ilbettme,  and  found  by  the  infor- 
CMs  Umfinerille,  esq.  foreman  of 
Ti  Bdwiid  Proby,  Henry  Gerard, 
wth,  goitfeinen,  also  of  the  said 
■the  list  of  June  hst,  theconsta- 
If  ibe  ssid  jury  were  ibiind  defec- 
IRMBdng  the  papists  as  they  ought, 
«  were  ordered  by  the  saia  jury  to 
ff  pmentments  of  tliem  on  the  26th 
a  which  day  the  jury  met  for  that 
vbeo  several  peers  of  this  realm, 
pcnom  of  honour  and  quality, 
OB  a  bill  aganst  James,  duke  of 
ttcmung  to  churcli :  but  some  ex- 
■f  Hken  to  that  biU,  in  that  it  did 
I  m  nod  doke  to  be  a  papist,  some  of 
■M  the  said  persons  of  qnalii^  to 
Uon  theroD.  In  the  mean  time, 
ibonr  after  they  had  received  the 
Mot'  the  jury  attended  the  court  of 
^  whli  a  petition,  which  they  de- 
WR  to  present  in  their  name  unto 
Ar  die  silting  of  this  parliament. 
itlieLord  Chief  Justice  tScroggs 
'  temples,  and  on  pretence  that  they 
M  in  court  (though  tuenty  of  tlic 
kscribad  the  petition),  sent  tor  them 
raaUdispatcn  them  presently.  The 
■ae,  and  their  names  called  over, 
t^  their  desire  that  the  court  would 
r  Dehtion  :  but  the  chief  justice 
QT  had  any  hills  ;^  They  answeccd, 
Bdk!  elms  were  drawing  them 
Ipoa  which,  the  chief-justice  said, 
M  make  two  works  of  one  business. 
ioD  being  rea'i,  he  sakl  this  was  no 
ir  chai^,  nor  was  tliere  any  act  of 
liat  required  the  court  to  deliver 
ry*s  petitions:  That  there  was  a 
about  them;  and  tliat  itu-as  not 
c  court  should  be  obliged  to  run  on 
;  and  he  thou^t  it  much,  tliat 
ome  with  a  petition  to  alter  the 
ledaicd  in  the  news-book.  The  jury 
1  it  not  to  impose  on  the  court,  but 
eshad  done)  with  all  submission 
t;  but  the  court  refused,  bidding 
turn  than  their  petition.     And 

■  other  peraon  presume  to  print 
i  Oeeem.  1680.  W.  Wiluams, 
Ib  former  editions  of  the  State 
qpoit  was  inserted  twice,  viz.  in 
I  without  the  Impeachment  and 
m  liMd  Chief  Justice  Scirog]^ 
■ilM  Fvliament;  and  again  m 
A>  iddition  of  those  arUdes.— 
liiiBK  of  the  iransaetion  says, 
1^  iciMtiop  that  in  the  tor- 
li  ibe  crawn  never  wanted  a 
m  bench  of  judges  to 
raHB  ware  mraMd  uninst 
and  the  Kbortiei  ofEiig. 


BIr.  Justice  Jones  told  thorn,  they  bad  meddled 
with  matters  of  state,  not  given  them  in  charge, 
but  presented  no  biUs  of  the  mattera  given  in 
charge.  The v  answered  as  before,  they  had 
many  before  them,  that  would  be  ready  m  due 
time.  NotwithrtaiMling  which,  the  aaid  jus- 
tice Jones  told  them,  they  were  discharged 
from  further  service.  But  Philip  Ward  (the 
derk  that  attended  the  said  jury)  trried  out,  No, 
no,  they  have  many  bills  before  them  ;  ibr 
which  the  court  understanding  (as  it  aeems  to 
this  committee)  a  secret  reason,  which  the  dedc 
did  not,  reproved  him,  asking.  If  he  or  they  were 
to  give  the  rule  there  'f  The  crier  then  tokl  the 
court,  they  would  not  receive  their  petition ; 
the  chief-justice  bid  him  let  it  alone,  so  it  was 
left  there  ;  and  the  jury  returned  to  the  court- 
house, and  there  found  several  constablea  with 
presentments  of  papists  and  other  offenders,  as 
the  jury  had  directed  them  on  the  3l8t  before^ 
but  could  not  now  recei^-e  the  said  present* 
nients,  being  discharged ;  whereby  much  bu« 
sineas  was  olwtnicted,  though  none  of  the  said 
intbnnants  ever  knew  the  said  jury  discharged 
before  the  last  day  of  the  term,  which  was  not 
till  fonr  days  after.  And  it  further  appeareth 
to  the  committee,  by  the  evidences  of8amuel 
Astn*,  Jasper  Waterhouse,  and  Philip  Ward, 
clerks,  that  have  long  ser^  ed  in  the  said  court, 
thct  they  were  much  surprised  at  the  said  dis- 
charging of  the  jur}%  in  that  it  was  ne\'er  done 
in  their  memory  belbre ;  and  the  rather,  be- 
cause the  said  Waterhouse,  as  secondary,  con- 
stantly enters  on  that  grand  jury's  paper,  that 
the  last  day  of  the  term  is  given  them  to  return 
their  verdict  on,  as  the  last  day  but  one  is  given 
to  the  other  tivo  grand  juries  of  that  county, 
which  entry  is  as  lolioM-rlh : 

Trmit.  S'J  Car.  '2.  '  Juratores  liabent  diem 
'  ad  vertHiictum  suum  rc«ldendum  usq;  diem 

*  Mercurii  proximo  jMibC  trcsbeptimanassanctn 

*  Triiiitatis.'  Being  the  lost  day  of  the  term, 
and  so  in  all  the  o3ier  terras  tlie  last  day  is 
given  ;  which  makes  it  appear  to  this  commit- 
tee, that  tliey  were  not  in  truth  discharged  for  not 
having  their  presentments  ready,  since  the  court 
had  given  them  a  longer  day,  but  only  to  oh* 
struct  their  further  prM^eediugs :  and  it  appear- 
eth by  the  evidence  atbresaid  to  this  committee, 
that  the  ibur  judges  of  that  court  were  uresent 
at  the  discharging  of  the  said  jury,  and  it  did 
DfA  appear  that  any  of  th^n  did  (fisseut  there- 
in ;  upon  consideration  whereof  the  committee 
came  lo  this  Resolution  : 

**  UesoU'ed,  That  it  is  the  opinion  of  this 
«  committee,  that  the  discharging  oft*  the  grand 
*' jury  of  the  hundred  of  CHsmlston,  in  the 
<*  county  of  Middhiscx,  by  the  court  of  King's 
**  Bench,  in  Trinity  term  last,  before  the  last 
*'  day  of  the  term,  and  before  they  had  finished 
**  their  presentments,  was  illegal,  arbitrary, 
'*  and  a  high  misdemeanor." 

This  Committee  proceeded  also  to  enqmre  into 
a  rule  of  the  court  of  King's-bench,  lately  made 
acainst  the  publishuig  of  a  hook,  called  The 
Weekly  PSMKet  of  Advice  from  Rome ;  or,  Th« 
History  of  P^^poy :  tad  Sunud  Aftey,  gent. 


1 67]  STATE  TRIALS,  3:2  CUAftLBS  II.  l6SO^Pro€eeiing9  wgMmi 

Examined  thereupon,  mfoniied  this  coinmittee, 
that  the  author  of  the  said  book,  Henry  Carr, 
had  been  informed  against  for  the  same,  and 
Ind  pleaded  to  the  imormation ;  but  before  it 
was  tried,  a  rule  was  made  on  a  motion,  as  he 
aupposeth,  against  the  said  book ;  all  the 
jndgps  of  that  oowt  fas  he  remembeni)  being 
present,  and  none  dissenting.  The  copy  of 
which  rule  he  gave  in  to  thm  oomtnittee,  and 
is  as  folkiweth : 

*  Dies  Mcrcurii  proxime  post  tres  S^manas 
<  sanctm  Trinitatis.    Anno  S8  Car.  3  Bagia. 

*  Ordinatum  est  quod  liber  intitulat.  The  Week- 

*  Kr  Pteket  of  Advice  from  Rome ;  or,  The 

*  Hhstory  of  Popery,  non  ulterius  imprimatur 

*  vel  publioetur  per  aliquam  Personam  quam- 
'ennq;     Per  Cur.* 

And  this  committee  admiring  that  protes- 
tant  judges  should  take  offence  against  a  book, 
whoM  cTiief  design  was  ta  expose  the  cheats 
«nd  foppery  of  popery,  enqnined  further  into  it, 
«nd  found  by  the  evidence  of  Jane  Curtis,  that 
the  said  book  had  been  licensed  for  several 
months,  that  her  husband  paid  for  the  copy, 
and  entered  it  in  the  hall-book  of  tlie  company. 
But  tor  all  this,  she  could  not  prevail  by  these 
reasons,  with  the  Lord  Chief  Justice  Scroggs, 
to  pennit  it  any  longer;  wlio  said,  it  was  a 
scandalouB  libel,  and  against  tlie  king's  prochi- 
mation,  and  ho  would  ruin  her  if  ever  she 
printed  it  any  more.  And  soon  after  she 
was  served  with  the  said  rule,  as  the  au- 
thor, and  other  printers  were;  and  by  the 
author's  evidence  it  apiiears,  that  he  was 
taken  and  brought  before  the  said  Chief 
Justice  by  his  warrant  aliove  a  year  since,  and 
upon  his  owning  he  writ  )>art  ot'tbat  hook,  the 
Chief  Justif^c  called  him  rociie  and  otlier  ill 
immcfi  ;  saying,  he  would  fdlall  the  gaoU  in 
England  with  such  rogfues,  and  pile  Uiem  up 
as  men  do  faggots ;  and  so  committed  him  to 
prison,  refusing  sufficient  bail,  and  saying  he 
would  gaol  him,  to  put  him  to  charges ;  and 
his  lordship  observed  his  wnrd  punctually 
therein,  forcing  him  to  his  Habeas  Corpus, 
ami  then  taking  the  same  bail  he  refused  before. 
Upon  which,  this  committee  came  to  this  Re- 
solution : 

"  Resolved,  That  it  is  the  opinion  of  the 
*«  committee,  that  the  rule  made  by  the  court 
'*  of  King's- bench,  in  Trinity  term  last,  againftt 
«•  printing  a  book,  called  The  Weekly  I^u;ket 
^*  of  Advice  from  Rome,  is  illegal  and  arbi- 
«'  trary." 

And  the  C*ommittee  proceeded  further,  and 
upon  information  that  a  very  great  latitude  had 
been  taken  of  bte  hy  the  judges,  in  imposing 
fines  on  the  persons  found  guilty  before  them, 
caused  a  transcript  of  all  the  lines  impOwd  by 
the  King's-bcnch  since  Easter  term,  hi  the 
fiSth  of  Kis  majesty's  rei^,  to  be  brought  be- 
fore them,  from  the  said  court,  1^  Sanmel 
Astry,  gent.  By  the  jierwal  of  wIiiq|i.  it  u^ 
Beared  tothis  cwmuiHat,  flwit  1^  •"  *^ 
lheoffiBBe«,  woAihelSMfti^^ 


which  being  an  very  numami»  tlwo 

reftr  tbemaelvea to  thoae  reoorAi  iat 

neral,  instancing  aoie  partjenliri .  m 

TrinittPCar.  S.  UpoaJ.BnrirBia 

geoti  on  aa  lafonnBtMNi  btjMUUum 

ed  book,  called  The  Lgag  IMtowut 

ed;  in  which  iasetfortf  then  ward 

k*  any  man  tldnk  it  stauigQ^  Ant  wi 

it  treason  for  yoa  to  Ht«Ml«|3too 

our  laws;  for  if  in  ihm  fint  parik 

Richard  2,  Grimes  aad  WeMoOi  ft 

courage  only  were  aiyodged  gfikj 

treason  for  surrendering  the  phoea  oi 

to  their  trust ;  how  modi  mora  ya 

turn  renegadoes  to  the  jieople  that  < 

you,  and  as  much  aa  m  you  lie  i 

not  a  Uttle  |iitifnl  casde  or  tmn  he 

\egal  defonoe  the  people  of  EoglBiid 

their  lives,  liberties,  and  properties 

Neither  let  the  vam  pentianon  dri 

that  no  precedent  can  be  fomid, 

English  parliament  hath  hanged  ap 

though  peradventure  even  that  moy 

ed  a  mistake;  .for  an  unpreoedenti 

calls  for  an  unprecedented  pnmshaii 

if  you  shall  be  so  wk^ted  to  do  the 

rather  endeavour  to  do,  (for  now  tc 

longer  a  parliament)  what  gnaaa  i 

dcncc  you  can  have  that  none  will  be 

worthy  to  do  the  other,  we  caimo 

stand :  and  do  faithfolly  promise  if ; 

worthines  provdre  us  to  it,  that  we 

our  honest  and  utmost  endeavours  (v 

a  new  i>ai1iament  shall  be  called)  t 

such  as  may  convince  you  of  your  i 

The  old  and  iiifaUihIe  obaervatMm,  T 

liamcnts  are  the  Pulse  of  the  Pcof 

lose  its  esteem ;  or  }'0U  will  find, 

your  presuraptkm  was  over-fond  ;  I 

it  argues  but  a  bad  mind  to  sin,  bee 

believed  it  shall  not  be  nunished.'    T 

ment  was,  that  he  be  fined  1,000  ra 

bound  to  the  good  behaviour  ftbr  seve 

and  his  name  struck  out  of  the  roll  of  t 

neys,  without  any  ofience  allrdged  in 

vocation.    And  thepuUkhing  the  tt 

sisted  only  in  superseftting  a  pococ 

this  inck)6ed,  to  the  East  Indies.    Wi 

he  not  being  able  to  pay,  (living  only 

practice)  he  lay  in  pnson  for  three  ye« 

mi^icsty  gradouriy  pardoned  Uro,  and 

mended  him  to  be  restored  to  his  place 

attorney,  by  his  warrant  dited  the 

December,  1679.    Notwithftanding  n 

has  not  yet  obtained  the  nid  raioratj 

the  court  of  King'a-bench. 

Hil.  S9  and  30  Car.  9.  UpOB  Jol 
rington  of  London^  gent,  for  ifieBkii 
words  laid  in  Latin  tons  :  *  Qnod  mi 

*  beraatio  de  tribtia  ftatibas  oaonlik 

*  rebdho  effuritin  regno^  ot  non  i 


teeoftiOOOL 


mUty,hM 
wevHiBn 


STATE  TRIALS,  3S  Chables  IL  l6BO.^Lord  Chuf  Justice  Scroggs.    [  l  gd 


•  af  TaiioB,  icglioiier,  im  vk  Infbrma- 
V  fffmliag  a  buok,  called  '  An  Appeal 
CohSst  to  the  City/  iettinif  forth 
la :  '  We  iu  the  country  have  done 
m  dning  fer  the  geiierality  ^food 
ui  paribiBent :  but  it  /as 
vere)  they  must  oe 
whenever  tney  come 
ti€  the  suhject,  we 
,  Mt  Uamed,  if  the  Plot  takes 
m  al  prohahility  it  will,  (hir 
■re  Ml  then  to  he*  condeinneil,  tor 
beia^  suffered  to  sit,  occasioiiCHi 
^^Jadgmcntto  pay  500/.  fine,  star.fl  on 
^  an  hour,  and  §five  sureties  Ibr  the 
for  three  yfors.  And  the  said 
I  Ilwvis  inlbnned  this  committee, 
krd  cUefjustice  Scroggs  pressed  the 
■  to  add  to  this  judgment*  his  being 
dy  wlHpt ;  but  Mr.  Justice  Pemborton 
if  Hp  hM  bands  in  admiration  at  their  se- 
rthsiaiB,  Mr.  jMstii*e  Jones  pronounced 
dJfMBt  afiaresaid  ;  and  he  remains  yet  in 
I,  aaahk?  to  pay  the  said  fine. 
■  ailhalandHiy  wliich  severity  in  the  cases 
MHUsncd,  this  committee* has  observed 
lid  Ctoiirt  hii:.  not  wanted  in  any  other 
isBcxtxaordinary  compassion  and  mercy, 
^  lhei«  appeared  no  public  reason  judi- 
riBlhalrial;  aa  in  particular : 
L  31  and  39  Car.  2.  Upon  Thonnas  Knox, 
Wft^  on  an  iadietment  of  subornation  and 
against  the  testimony  and  life  of 
fiv  ndomy  ;  and  also  against  the 
.  of  Waiian  Bedloe ;  a  fine  of  SOO 
hi,  a  yaar's  imprtsonment,  and  to  fllnd 
W  the  good  behaviour  for  three  years. 
Tv.  Upon  John  Lane,  for  the  same 
jafceoflOO  marks,  to  stand  in  the 
b^AvB  hour,  and  to  be  imprisoned  for 

(■^M  Cir.  9.  Upon  John  Tmborough, 
K  •  aa  IndietHient  for  subornation  of 
|hB  Angislo,  teadinff  to  overthrow  the 
rih  iyaiuf  of  the  Pfot ;  the  ssid  Tasbo- 
#^WiBf  anaed  to  be  a  person  of  good 
g,  a  lie  of  100/. 
^T9f.  Upon  Ann  Price,  for  the  same 


y^yCir.  t.  Upon  Natham'elTliompson 
jWihM Badcock, on  an  infhrmalkm  for 
prgipabfiAhiga  weekly  libel,  called 
?!  nM  DoBMStie  Intelligence,  or.  News 
kOhy  Bad  CountiT,"  and  known  to  he 
a  fine  of  3/.  6s,  Bd.  on  each 

Matthew  Turner,  stationer, 

for  vending  and  publishing  a 

**  The  Oxnpendium ;"  wherein 

rthanlifln  in  the  late  trials  of  the 

"fhilMi,  even  by  some  of  these 

ilhvB,  ii  li^^  tnaigned;  and 

•^  forAa  kin^horriUy  aspersed : 

%fc  asBHnan  notonoua  popish 

to  pay  a  fine 


^i^mitCtUiColkctKMi. 


of  100  marks,  and  is  said  to  be  out  of  prison 
already. 

Trill.  3S  Car.  2.  Ufion  •*—  Lovcland,  on 
an  indictment  tor  a  uutorious  conspiracy  and 
subornation  a^iiist  the  life  and  honour  of  the 
duke  of  Buckingham,  for  SHodoniy,  a  tine  of  5/. 
and  to  stand  an  hour  in  the  pillory. 

Mich.  3Q  Car.  2.  Upon  Edward  Christian, 
esq.  tor  the  same  oftence,  a  fine  of  100  marks, 
and  to  stand  un  boiur  in  the  pillory.  And  upon 
Arthur  Obrian,  for  the  same  ofli^cc,  a  fine  of 
20  marks,  and  to  stand  an  hour  in  tlitt  pillory. 

Upon  consideration  whereof,  this  Committee 
came  to  this  Kesolution : 

"  Resolved,  That  it  is  the  opinion  of  this 
"  Commtttee,  that  the  Court  ot  Kiiijr's-bench 
*<  (in  the  Imposition  of  Fines  on  Oftendcns  of 
**  late  years)  liath  acted  arbitrarily,  ilU'g:ally, 
**  and  partially,  favourinsr  papistx,  'and  persona 
**  popiahly  affected,  and  excessively  oppressinf^ 
^'  Ids  majesty's  Protestant  subjects." 

AndUiis  Conunittee  being  in1i>mied,  Tliat 
several  of  his  majesty's  subjects  had  been  com- 
mitted tor  crimi-H  tmilable  by  law,  although 
then  then  tendered  sufficient  sureties,  which 
were  refused,  only  to  put  them  to  vexation  and 
charse,  proceeded  to  enquire  into  the  same,  ami 
found  that  not  only  the  fore- mentioned  Henry 
Carr  had  been  so  refused  the  common  right  of 
a  sulject,  as  is  aljove-said  ;  but  that  Geor^^ 
Broome,  being  a  constable  last  year  in  Lomkm^ 
and  committing  some  of  the  lonl  chief-justicft 
Scroges's  servants,  for  ^eat  disonlers,  accord- 
ii^  to  uis  duty,  he  was  m  a  few  days  arrested 
by  a  tipstaff,  without  any  London  constable, 
and  cairried  before  the  said  chief-justice^  by  hia 
warrant,  to  answer  for  the  said  committing  ^ 
those  persons  abovesaid  ;  but  being  there,  was. 
accused  of  having  spoken  irreverently  of  the 
sakl  chief-justice,  and  an  affidavit  read  to  hnn 
to  that  purpose  ;  and  was  falsely  (as  the  ssid- 
Geoige  Broome  affirms)  sworn  against,  by 
two  penona  that  use  to  be  conunon  l»il  in  that 
court,  and  of  very  ill  reputation.  Upon  which 
he  was  committed  to  tlie  Ring*s-bendi,  though 
he  then  tendered  two  able  dtizens  and  com* 
nMm-oouncil-mcn  of  London  to  be  his  bail : 
and  he  was  finroed  to  brincr  his  Habeas  Corpus, 
to  his  great  charge,  before  he  came  out ;  wncnt 
the  marshal,  Mr.  C-ooling,  exacted  5/.  <Mf  hnn, 
of  which  he  coraplainetl  to  the  chief-justice  ; 
but  had  no  other  answer,  but  he  raHjrht  ask  hw 
remedy  at  law.  But  the  said  marshal  fearing 
he  should  be  questionnt,  restored  him  two  gm- 
neasof  it. 

And  further,  this  committee  was  inftirmed  by 
Francis  l^kh,  bookseller,  that  Aout  Michael* 
mas  was  twelve- month  he  was  brought  before 
the  said  ehief-justice,  by  his  warrant,  and 
charged  by  the  messenger,  Robert  Stephens, 
Tliat  he  had  seen  some  plrceh  of  a  pamphlet^ 
called  *  Observations  on  sir  Geoi^  Wakemaa'a 
« IVial,'  in  his  shop  :  upon  which  the  chief- 
justice  told  him,  he  would  make  him  an  ex- 
ample, use  him  like  a  boor  in  Fiance,  and  pila 
him  and  all  the  booksellers  and  printers  up  m 
prison  like  ftggvti :  and  so  oommitled  bun  to 


igi]         STATE  TRIALS,  33Ch4RLes1L  iSSQ.—PncuiimgM  mgmkui         [ 

the  Kiotf -ft-bencfa,  weam^  wad  curou^  at  him  tkm,  wbirfa  «bs  a;7iiaBt  their  firiiion  nui 
ID  gn^  fury.  Acid  ubeo  be  teoilered  thn^  i  ami  tbeo  adding  to  tfaia  purpose ;  *  Zwn^ 
mithaoA  iritJzem  of  LmmIod  for  bis  bail.  ^-  '  '  ki  up  hi»  frnaticuai,  and  Calvin  built  oa 
ledspnff,  itDpwmznent  id  his  cimiinstaiicfs  •  *  blesM  fotindatioo ;  aiid,  to  speak  trott 
would  be  bit  uiter  ruin  ;  the  chief-justke  re-  j  *  his  discipio  are  g?awiied  with  anch  a  rii 
|^«d,  die  citizeott  looked  Uke  suficient  per-  *  De»  of  Hiirit,  thai  it  aaiich  cwMiieMaa  m 
v/ns,  but  be  would  take  no  hail :  and  so  be  '  tratrs  to  keep  a  strait  hand  over  then ; 
wzi  Ibreed  to  couie  oui  b}'  a  Habeas  Coq>nft,     '  now  tber  are  resdeaBy  aaoring  oa  with  II 


«ad  was  afterwards  infunn^nt  against  lor  tiie  '.  *  and  notbini^  will  senre  them  botn  pariiu 


same  matter,  to  his  j^rcat  chaise  and  vexation. 
And  a  while  aft«r  Francis  (the  son  of  the  said 
Francis  8initb)  was  comiiiittf^  by  the  iai«i 
Chief-justicCf  and  hail  refused,  fur  sellini^  a 
fKtro|»ldet,  calhil  **  A  Nen  -  Year  *s  Gift  tor  the 
said  Chief-jiiitiee,''  to  a  oofee-houflc ;  and  he 


'  For  my  part,  I  know  bd  representative  of 

*  nation  but  the  long;  aD  power  ocnten  in  I 

*  It  is  true,  he  does  intmst  it  with  his  min 
'  but  he  is  the  sole  representative ;   and  iHI 

*  he  ha«  uisdora  enough  to  intrust  it  no  i 

*  in  these  men,  who  UaTp  given  ns  aoeh 


dectntl  to  ihL'ni  h"*  noukl  take  no  bail,  for  he  j  *  examples  of  their  wisaiom  and  laithfbhi 
wouki  ruin  thetn  ;iH.  And  tins  Committee  takiiuf  the  said  UMttcr 

Ar.<!  fiQthir  ii  appeare*!  to  thi«  oomnuttee,  '  their  consideratifin,  came  to  thia  KesohitMi 
tiiai  tlic  «aid  cuief-justice  (about  October  was  {  **  Resolreil,  Src  That  the  said  expieaMW 
twelit-momh)  oommittcd  in  like  nuinncr  Jane  t  "  the  cliai«^  (jfivcn  bv  the  said  baran  Wa 
CunU,  fthe  having  a  hu^Mnd  and  chihhcn,  |  '*  were  a  scandal  to  the  RefoiMition,  in  d 
ferselKng  a  book,  csUcd  "  A  Satire  against  ;  ^'  gation  of  the  ri^ts  and  privilq^es  of  pn 
Injustice  ;'*  which  his  lonLsliip  called  a  libd  \  "  ments  and  tendmq  to  raise  dkoord  betf 
s^ptinst  him  :  :.:id  her  friends  trudciiiig  buffi-  **  his  iuajc.>aT  and  his  suhfects." 
cient  b:ii : ,  rLii\*  '^e  ir::^  him  to  have  merev  upon  And  this  Committee  benig  inlbrmed  bv  • 
her  poverty  and  «-nndirion,  he  swore  hy  the  ral  printen  and  booksoUers,  of  great  trouble 
mme  of  Gedslie  sboold  go  to  prinn,  ami  he  vexation  giren  them  mtjustlj-,  hv  one  Kq 
wouU  shew  her  no  more  mercy,  ^an  they     Stephens  called  a  messcnj^eroirdie  press; 


could  expert  from  a  wolf  that  came  to  d^-voiir 
them ;  and  she  might  brin|Q^  ber  Habeas  Cor- 
pus, and  oome  out  so  ;  which  she  was  forced 
to  do ;  and  after  infonned  against  and  proae- 
cnted,  to  ber  utter  ruin,  four  or  five  terms  after. 
In  like  manner  it  appeared  to  this  committee, 
that  alKmt  tliat  time  also,  Edward  Berri',  sta- 
tioner, of  Gray  V  Inn,  was  committed  *  by  the 
said  chief-ju5tice,  being  accused  of  sdling 
"  Tlic  Observations  on  sir  George  Wakemin's 
Trial  :**  and  thougli  he  tendered  1 ,000/.  bail,  yet 
the  chief-justice  said,  He  would  take  no  bail, 
he  should  go  to  prison,  and  cooie  out  according 
to  law.  And  after  he,  with  mueh  trouble  and 
charge,  got  out  b^*  a  Habeas  Corpus  he  was 
forced  by  himself,  or  his  attorney,  to  attend  fi\  e 
terms  before  be  oould  be  discharged,  though  no 
information  was  exhiliitnl  against  him  in  all 


that  time.     In  consideration  \vhereof,  and  of    "  be  brought  to  their  piinisliment : — ^Tbese 
others  of  the  like  nature  (too  tedious  here  to  re-     *  to  will  and  require  you,  and  in  his  in\m 

*  name  to  change  and*  comiuand3'ou,  an  del 
*■  of  you,  upuu  sight  hereof,  to  be  aiding 
<  as8istin«r  to  K«)bert  Steiiliens.  messenira 


late),  this  committee  came  to  this  resolution : 

**  Resolved,  That  it  is  the  opinion  of  this 
'*  committee,  that  the  refusing  suifiritiut  bail  in 
<<  these  cases,  wherein  the  persons  committed 
**  were  bailable  bv  law,  was  iUej^,  and  a  high 
"  breach  of  the  liberty'  of  the  subject." 

And  this  Committee  being  informed  of  an  ex- 
traordinary kind  of  a  charge  given  at  tlie  last 
assixes  at  Xing^n,  m  the  county  of  Surry,  by 
Mr,  Baron  Weston,  and  proceeiling  to  e.\  • 
amine  several  persons  tlien  and  there  present,  it 
was  made  ypear  to  this  Comuiittee,  by  the 
tei^niony  of  John  Cole,  Ilic^hard  Mayo,  and 
John  Pierce,  gentlemen,  and  others,  soine  of 
whom  put  down  the  said  baron's  words  in  writ- 
ing, iuunediately,  tliat  pan  of  the  said  charge 

^  ^  2^^?*  I  he  iuveigiied  vm-  much 
■gaoisl  rarri,  Luther,  Calvin,  and  ZuingUus, 
tfatm  as  authora  of  Uie  Reforioa- 
4 


sai«l  Stephens  being  exanuncd  fay  this  Comi 
tee,  by  what  authority  he  had  proceeded  m 
nuinuer,  produced  two  wan  ants  under  die  I 
and  seal  of  the  Chief  Justice  Scroggs,  wl 
were  in  h^c  verba  : 
*  Ang/.  u.    Mhereas  there  are  divers  31- 

*  |MJsed  pi-raens,  who  do  daily  print  and  puft 
'  many   wtliuous  and  tioasonable  books 

*  pamphlets,  endeatx>unno-  ;':ieribv  to  disi 

*  the  minds  of  his  majesty's  ^uWjects  to  sedi 
*■  and  rebellion :  and  aL»o  infamous  libds, 
'  fleeting  upon  particular  pef>;ons,  to  the  g 

*  scandal  of  his  majesty *s  govejrumeDt. 

*  snppressinflf  whereof,  his  majesty  hath  la 
*•  issued  out  TiLs  royal  prodaniation :  and  fbi 

*  more  speedy  siiuprpssiug  the  slid  sedit 
<  books,  libels,  and  |)am|ilitet8,  and  to  the 

*  that  the  authors  and  publishers  thereof  i 


Stepliens,  messense 
'  the  press,  in  tiic  seizing  on  all  such  booEs 
'  pamphlets  as  aforesaid,  as  he  shall  be  infoi 

*  ed  or,  in  any  bookseller *s  or  printer*s  diop 
'  warehouses,  or  elsc^vaere,  wnatsocver;  to 
^  end  they  may  be  disposed  as  to  law  shall 

*  pertain.  iUso  if  you  shall  be  informed  of 
^  uuthors,  printers,  or  publishers  of  such  bo 

*  or  pampnlets  as  are  abovc^mentionod,  } 

*  are  to  apprehend  them,  and  have  them  hd 
<  one  of  Lis  majesty's  justices  of  the  peace 
'  be  proceeded  against  according  to  law.  Da 

*  Nov.  29,  1679.  '  W,  Sc&occ 
*  TuR.  Stepliens,  messenger  of  the  press, 

*  and  to  all  mayors,  sherins,  bailiffs,  con^ 
'  stables,  and  all  other  oncers  and  minis* 

*  teis  whom  these  may  concern.' 


rE TRIALS,  32  Charles  II.  \6no.^LnrdChiffJv9fice  Scroggs.    [  194/ 


Wbereas  the  kind's  majesty  bath 
out  bis  Proclamation  tor  suth 
printing  and  publishing  unli- 
boolu,  and  pamphlets  ci'  news  : 
Ing  which,  there  are  divers  per- 
duly  print  and  publish  such  unli- 
and  pamphlets : 

therefore  to  will  and  require  you, 
ijesty's  name  to  char^  and  com- 
mri  erery  of' you,  from  time  to 
ill  times,  so  often  as  you  shall  lie 
rjuired,  to  be  aiiling  and  assisting 
>(ihens,  messenger  of  the  press, 
^  of  all  such  iMMiks  and  pamph- 
snid,  as  lie  shall  be  infonneil  of, 
!Uer*s  shop,  or  printer's  shop,  or 
or  ehewhere  wnatsoevor,  to  the 
y  be  disposed  of  as  to  law  shall 
ikewise,  if  yon  Khali  be  in^brinetl 
s,  printers  or  publishers  of  such 
mphlets,  yoM  are  to  apprehend 
we  them  liefore  me,  or  one  of  lii«t 
tii-es  of  tlie  peace,  to  bo  j>rocced- 
to  law  shall  appt^rtaiu.  DaUMl 
r  of  May,  A.  o.  1680.* 

*  W.  ScROGGS.' 

>rB,  sheriffs,  baiUifs,  con- 
d  idl  other  officers  and  rai- 
om  these  may  concern. 
Sn^bens,  messenger  of 

whereof  this  Comniittee  came  to 
B : 

That  it  is  the  opinion  of  this 
that  the  said  warrants  are  arbi- 
egal." 

uunittee  being  informed  of  cer- 
B  discourses,  said  to  be  uttered  in 
ly  the  lord  chief  iustice  feiiToggs, 
examine  sir  Robert  Atkins,  late 
does  of  the  Common  Pleas,  con- 
me ;  by  whom  it  a|ii>ears,  That 
dinner  at  tlie  Old  Bailey,  in  the 
air  Robert  (Jlayton,  who  was 
the  said  chief  justice  took  occa- 
;  veiy  much  against  petitioning, 
I  as  resembling  41,  as  ia<*tious  and 
cKon,  or  to  that  effect ;  to  which 
obert  Atkins  made  no  reply,  sus- 
iled  for  some  advantage  over  him. 
'  jmtioe  continuing  and  pressing 
aid  discourse,  he  began  to  justify 
the  right  of  the  people ;  espe- 
■tting  of  a  |iarliament,  which  the 
if  it  he  done  with  modesty  and 
n  vhich  the  chief  justice  lell  into 
nnd  tliere  is  some  reason  to 
after  he  mailc  an  ill  repre- 
tlie  aakl  sir  Koliert  had  then 
ierty.  And  tins  Committee 
^thilthe  sakl  sir  Uolicrt 
■k  with  the  said  chief  jus- 
«w  was  twelvemonth,  at 
4.  Mr.  Price,  and  Mr. 
)  the  chief  ius- 
AMr.  Badloe; 


taking  off  the  crcnlit  of  his  eviden<:e,  nnd  al- 
ledging  he  had  over-shot  himself  in  it,  or  to 
that  effect,  very  much  to  the  disparagement  of 
his  testimony.  And  the  said  sir  Robert  de- 
fending Mr.*  Bedloe's  evidence  and  ci^edit,  bo 
grew  extreme  angry  and  loud  :  paying  to  this 
effect,  *  That  he  veiily  believed  Laiighorn  die<l 
'  innocently.'  To  ^v'liich  the  said  sir  Robert 
renliinl,  He  wondered  how  he  could  think  so, 
who  lia<t  condemned  him  himself,  and  had  not 
moved  the  king  for  a  re])rieve  for  him.  All 
which  matters  of  discourse,  this  CommKteo 
humbly  submit  to  the  wisdom  and  considera- 
tion of  this  House,  without  taking  upon  them 
to  give  any  ojiinion  therein. 

And  this  Committee  proceedcil  further  to  en- 
quire into  some  passages  that  happenetl  at  I>eiit 
assizes  last  for  the  county  of  {Somerset,  at  th« 
trial  of  Thomas  Dare,  eent.  there,  upon  an  In- 
dictment for  saying  falsly  and  seditiously,  *  That 
Mlie  suhjeirts  had  bnt*two  means  to  redress 
'  their  grievances,  one  by  |)eiilioning,  the  other 
'  by  rebellion :'  and  fouiid,  that  though  by  his 
other  dibt^urse,  when  he  said  so,  that  it  ap- 
{leared  plaiidy  he  had  no  rel)clhoiis  intent  m 
that  he  said,  «.  Tlicn  14od  forbid  tliere  should  h% 

*  a  reliellion,  he  would  be  the  tirst  man  to  draw 

*  thi^  sword  against  a  rebel  ;*  yet  he  was  pro* 
sei^uted  with  great  violence :  and  having  plead- 
ed. Not  (juilty,  he  moved  Mr.  Justice  Jones, 
(who  then  sat  Judge  there)  that  he  might  try  it 
at  the  next  assizes  ;  for  that  Mr.  Searle  (who 
was  by  at  the  speaking  of  the  wonls,  and  a  ma- 
teriid  witness  for  his  defence)  was  not  then  to 
be  had,  and  an  ailidavit  to  that  iiurpose  was 
made  and  received  ;  but  the  said  J  ustice  Joney 
told  him,  that  was  a  favour  of  the  court  only, 
and  he  had  not  desen'ed  any  favour,  and  so 
forced  him  to  try  it  presently.  But  the  jury, 
appearing  to  be  an  extraonlinary  one,  provided 
on  purpose,  being  all  of  persons  that  had  highly 
op|Mised  petitioning  for  tlie  sitting  of  this  parlia- 
ment, he  was  ad\  ised  to  withdraw  his  plea  ; 
and  the  said  Justice  Jones  encouraging  lum  so 
to  do,  he  cotifest  the  words,  denying  any  evil  in- 
tuiitifm,  and  gave  the  said  Justice  an  account 
in  writing,  of  the  truth  of  the  whole  matter, 
and  made  a  submission  in  court,  as  he  was  di- 
rected by  the  said  Justice,  who  promiseil  to  re- 
commend him  to  Ids  majesty  ;  but  imposed  a 
fine  of  500/.  on  him,  and  to  be  boimd  to  giiod 
beliaviour  for  thn:e  years :  declaring  also,  that 
he  was  turned  out  from  being  a  common -coun- 
sellor of  the  corporation  of  launton,  in  the  said 
county,  on  pretence  of  a  clause  in  tlieir  charter, 
giving  such  a  ptiwer  to  a  judge  of  assize.  And 
the  said  Thomas  Dai-u  remains  yet  in  prison  for 
the  Kai<l  Hne ;  in  which  matter  of  the  trial  a- 
foresaid,  tliis  committee  desireth  to  refer  itself 
to  tlie  judgment  of  this  Hoiun^ 

2V/«  Resolutions  of  the   lloute  of  Commoni 
upon  the  said  ]i':port. 


the 


"  1.  Tliat  it  is  the  opinion  of  this  House,  that 
.„  ?  discharging;  i)f  the  1  j  i"»  nd  J  urj'  of  tin:  hun- 
dred of  OsBulston,  inthecountv  of  Mid.llesex, 
by  the  court  of  King's  Bench,  m  Trinity  ter« 


ipo]         STATE  TRIALS,  33  Charles  II.  leso.-^ Proreediugs  agami 

of  the  said  court  «ft*  Kiwr**  Bench,  b«  h 


ed  upon  the  suid  Report,  and  ResolutKr 
House  thereupon. 


Ust.  WtWe  iIto  last  tlay  of  the  Umi :  and  before 
the\  hsiil tinishcd theirpreseiituirnfs.il as arbitra- 
rv  and  iUesfat,  destructiTeto  public  justice,  a  ma- 
iiift'si  1  it ilat it m  of  the  oaths  ot'  tlie  j udsTcs  of  that 
ciniri«  aiul  a  means  to  subvert  the  fundamen-  I  mas  Jones,  uho  had  merited  io  muci 
lal  )ai«  >  of  this  kiugxlom,  and  to  introduce  po-  j  Coniish  his  trial,  and  in  the  West : 
pen .  I  Thomas  bogierled  at  tiiis,  and  tdd  the  1 

i.  '*  That  it  Is  the  opinion  of  this  House.     cooM  not  do  it :  to  which  the  km^  ansii 


Ihat  ih«^  nde  made  by  the  court  of  Kin|(*s  '  would  hare  twelve  judges  of  his  opinion 
Itenoh.  in  Trinity  tenu  la.<t,  opiiiist  printing  of  a  |  Thomas  replied,  be  might  have  twebej 
bcH^k,  ca!lc*d.  the  Weekly  l^i^-ket  of  Advice  from  |  his  opinion,  but  woukl' scarce  find  tw< 
Hume.  IS  Uix-^l  and  arbitmry  -,  ilurfby  usurp-  |  vers.  The  truth  of  this  I  have  only  fro 
in^r  to  themselves  kHrislativV  p«>wer. '  to  the  ■  {>ut  I  am  mre  the  kinc-'s  practice'  in  n 
p^at  iii<c\mr24^MmM)t  of  i\w  Fn»ti.*stanLs  and  thejudges,  it  hereof  all  (except  my  Lo 
tor  ihe  tountenam  inir  of  i)«i|)ct\  .  Rartm  Atkins,  and  Justice  Powel)  wen 

^.  '*  i'h;it  it  i^tlu^  opii\M:t  ff'this  llou5kMhat  pack  as  nc-vpr  before  sat  in  'Westminsl 
the  o  u.t  ».f  Ki  «■>  IV::ch.  in  the  inv^n^iiion  of  •  gave  credit  lo  it. 
tines  tu)  ».:re:idi*Ts  if  bi*  vtars,  hav«  a^ttd  ar-  i  Bi:t  if  the  l^irrl  Chief  Justice  Th 
b* (i\ . r: .  ■. .  t 'Ji>:^ '.1y  a ' j ;i  p;:r4 * i!  1  \ .  fji i  «m: rir :r  pa-  raki: . £^  a  bnhe  of  1  \.»jl.  was  adjudged  to  1 
|-.>t*.  .;.  .:  |-*r«;>a^  j»  ['  >h.U  a«*».\"i«M.  a;:'i  cXiv^-  ■.  c\,  ainl  siJ  hUb:id->  and  goods  t^rfeitec 
sii  t  ._v  j»,ip .x  s  ? i :i^-  his  -j . 4 V  >t\  s  1  i>.  :i  -> :  i* .!  > ..  -•  -  ,  tx  i;: ;;  ■  -t  t d^»  ani  the  Sd.  because  tb 
jecis  \  miii-h  ^«  .n  him  lay  he  bad  broken  tb 

4.  •■  Tt  ."it  '.I   is  ii.;  rpir,  *'::   •*!  ti.  >   Ho-!?-.\     i^th  mii?e  »:i.to  ihi.  po.»ple.  which  thel 
thii  the  rii'asl:^;  si:??"^  ■<.:*;  h.v;!  yi  li.tst  «.d>e>,     iami-u-l  him  Haiial ;  and  it  Justice 
wh«*r>riu  the  ivpior.s  l  ;v.m*!Tvl  '»«:«   ^j-r.*!'!  '  »cs  iiAii^tti- drawn  ard  quanend,  fc 
bv  liw,  tta.<  L'tYAl.  a:id  a  ::■;;!:  "^.-va^L  i.-f  liit  [  h--i>:i:vu!t:  th^i  the  king  might  act 
libmtKs  Mihc  su*>hx'r.  \j  *.'  ^  i^-  i*'i  p:k.-iiam€nt ;    and  if  Bk 

5.  "  Tlu:  it  IS  5 be  *  ;»ir.joTi  of  ihi*  !!oi*.K.  '■  k  :  .i'*».-;u  n\.  Lsi.  tLe  under-sherifl* 
that  the  s.i'.i?  «■  x^^resM  r. >  in  tbc  ilvi: u"'  «".» « n  ■  *".-.  >•-  v.  - -■'*  n » e  riK»iv  ot  ^jsahiy.  were  h 
by  ih«  "<-^J  .sirxvi  \>  .^-  '.  \»c:v  s  s.Ji.'C:^  u  iL  Ui^  ••!  H -ary  the  ith.  i'.irbuta!<! 
t  be  TY KMT.iaL'.Mi :  .:. . i  t«  c  '. :~  ^  tc»  7ii.<  d . AN  :  *i  T.  *:  -.  - 1 ' s  j . :c J-.  lViH  :  »  hat  tiie n  'J 
heiwix:-.  *»'.i>  :uA;r<y  a;'.  ^  sv.\.-.».  :.:.d  i  •  '  .ii:eA.->  '.-s^rst.  v'Jxh.  ir.d'ie  bargains 
t':^e  >.:*^».-M  s  vT  :hi  ij.  :;-;  i^'i^c;.;::  r.  •:  ^-V  **^  -:^. -1-i- j. :  ■  •.  ik -.he  kiiiir* 
tv^r-.Tii':  .:*,  ^  i  «.:"  ihc  ^  u-zjiitL".  01  th^^  bi-  :.  li.  ;  :.»-:  j^-  :>-.■►, ir-i  cT.iit-d  tL 
S".- ^-.i  :-.  ' ■  1 . . . .-. • :  ■■  <^' : : »-,  tr .-  , i-«* >.  i-u--^  t j' « 

r    ••  V-.v:  ::  >i :-  .-  ..7/     -  c''  :hi>  H: ■.!>*.     ?^:    -    .  ->^  "        : ».  "Tv.-y  ?'»  th-ai 
tbvi:  ".V,  sl.^:*i.-::i:. :>!-<■" :..  ^:-^<-y  i^o-I-iC-^.  '       li-  r «   >;    .   -  .r  J '..;.■>-.  ttU* 

r  1^%.-  ^"«"-  '•    t  -   •-.  T.  t    ■'e.  and  41 

'  n>  >■-,»'      -   y     :'^-:-i  ia  (iLiicuh 

Cb.c:*  J UKxe  ■>!* IT-;  cv.^r;  :i  K  .■^s  B«--x4i.  N:  Arr.  ■  *  :    r  .    r. ::  ^  -    -  a  i.€  •. .  i^^  ch*fc 

im^a^'^e^i ^^0:1  tb«  Si**!  K^j^vs,  ir»i itA  R«^--  k. :^  Ji  .   >  :.  ...>-.  .ajvv:=s  :-r:»»nc-h 

lKia»»  et  sbf  U^^ta^  i!kJK ■. -.5  •.  c.  ■  .> -^^  .>  -  -   ;, . -•  •      ^t. -=r :  ^  .'-:r3jy  so 

*.  -  'nai  ^  IVmsj^  J\>c>cs<*  .xh:  ^ :  ;&* ;  .;>.  t-V.v.x .  ■  i>  :  *:  .  _lj?s8?  tbey  wi^uU  I 

_  ^  k:r.j  >    J.1.1  :■■       >   inir-^*,  U^jx^  sAmoI 

^Mth'sacoMSoi  \><  "iNi;  "Pi.xr  it*  J*.y:o .::  '  r.2s  >-:  ;rw 


J 


1B>J  heelcueii  frwt  |«nasi£  «  :ie  ciiii^  .■.■"     Y:!-*  7r,.l  x  ^  -m:  cS-  "c^-  .-i» 
Fcnilev.  i^.  l^anc  aad C^i^MUu  ^  r  ;c\n:.     :  .-:  .^  •  c  *  -  '•*  i*t^_=.*aif>-ku:: :  the; 

l^^***  >*  *»  «»i*  Cte  kc^/xfdftv 

^  Anna  u«> 


aeotf 


viactv: 

^i:-^     ■"  i 

■*;  A." 

■'L-  ._:;J    10-  y>\\ 

*•  ■  an.- 

-Ti'.     r^. 

fcj      *    • 

V  >' :_    i^^T    w> 

^•"^  ;  '.IK-  ■  .cu:i*» 

:>^  Is 

>      r--*»     <  -J^^W 

fT-;.   '.'it: 

-Jtf 

ft.  .Ti;    •■     -j»  pn 
.1-    !  S2^iaSm 

;•  ■* 

.>      -  :atr-j  JK!€* 

).>  i;*. 

>«».ii". 

'•■^   ■ 

i'l  -     .If  krf. 

>»a*  J^ 

!•-■    ^ti-. 

'   Y>iir' 

-^    1«;  wjsf  ^ud  a 

197]    STATE  TRIALS.  32  Charles  II.  l6S0.— Loi-rf  Chief  Justice  Scroggs.    [  198 


S.  "  That  lir  Richani  Weston,*  one  of  the 
bwans  of' the  court  of  Exchequer,  be  impeached 
■poo  the  aid  Report,  and  HesolutionB  of  the 
Hook  tbetvupon. 

Ordered,  *'  That  the  Committee  appointetl 
H  prepare  aa  impeachment  against  sir  Francis 
Niitkv  Chief  Justice  of  the  court  of  Common* 
EllMfe  do  prepare  fmpeachments  against  the 
■ii  m  Wyham  Scro^^,  sir  Thomas  Jones, 
ml  m  Kchird  Weston,  upon  the  said  Report 
lidBflBoliitiooa." 

■Orfewd.  "  That  the  said  Report,  and  sc- 

BoolutioBS  of  this  Aonse  thereupon,  he 

and  that  Mr.  Speaker  take  care  in  the 

■■lii|r  thereof  apart  froni  tliis  day's  other 

fr  Ricba^  Cortiett  reiwHs  from  the  Com- 
itee  appointed  to  prepare  an  Impeachment 
MiMi  sr  Wiilia^ii  Scrojgg^  knt.  Chief  Justice 
dweouirt  of  Kin^^s-Bench,  upon  tiie  former 
of  the  said  Committee,  and  the  Reso- 
i  of  the  House  thereupon.  That  the  Com- 
hmriuff  taken  the  matters  to  them  re- 
mto  consideration,  had  agreed  upon  se- 
Arddes  of  Impeachment  ajj^iust  the  said 
■K  WQfiam  8crof{gn :  which  he  read  in  his 
fhtc^  and  aftertiards  delivered  them  in  at 
4idirk'a  table:  where  the  same  being  read, 

Wlf'LES  or  IMPEACHMENT  against 
ffr  WM.  HCROGG8,knt.  Chief  Justice 
«f  the  court  of  King's- Bench,  by  the  Com- 
■ooa,  in  this  present  Parliament  assembled, 
in  dicirown  name,  and  in  the  name  of  all 
the  Coaairaons  of  Enghmd,  of  High-Trea- 
Ha,  and  other  great  Crimes  and  Misde- 

he  the  said  William  Scroffgs,  then 

r-Jostice  of  the  court  of  King's- 

traiterously  and  wickedly  endea- 


VpHlf  iobrert  the  fimdamental  laws,  and 
il|§p^pHdied  rel^;ion  and  government  of  this 


kingdom  of  England  ;  and,  irnnead  thereof,  to 
introdure  popery,  and  arbitrary  and  tyrannical 
government  against  law  ;  which  he*  has  de- 
clared by  divers  traiterous  and  wicked  words, 
opinions,  judgments,  practices,  and  actions. 

II.  That  he  the  said  sir  William  Scroggs,  id 
Trinity  Term  last,  being  then  Chiei- Justice  of 
the  said  court ;  and  having  taken  an  oath  duly 
to  administer  justice  acconling  to  the  laws  and 
statutes  of  this  realm ;  in  pursuance  of  his  said 
traiterous  pur^voses,  did,  together  with  tlie  rest 
of  the  justices  of  the  same  court,  several  days 
before  the  end  of  the  said  term,  in  an  arbitrary 
manner,  discharge  the  Grand -Jury,  whicn 
then  siTverl  ibr  tlie  hundred  of  Oswaldston,  in 
the  county  of  Middlesex,  bei'ore  they  had  made 
their  j)ri'sentinents,  or  hufl  found  several  bills 
of  indictment,  which  were  then  belore  tht-m  : 
whereof  the  said  sir  W  illiani  Scroggs  was  then 
fully  iiitbnned  ;  and  that  the  same  would  be 
tendered  to  the  court  ii(M>n  the  last  day  of  the 
said  tfTm  ;  which  day  then  was,  tmi  by  the 
known  course  of  the*sai<l  court,  liath  always 
heretofore  been  given  unto  the  said  jury  lor 
the  delivering  in  of  their  bills  and  present- 
ments: by  which  sudden  and  Ulegal  discharge 
of  the  said  jury,  the  course  of  jubticre  was 
stopped  maliciouNiy  and  designedly  ;  the  inre- 
sentinents  of  many  Papists,  and  other  oifendcrst 
were  obstructed ;  and,  in  particular,  a  bill  of 
indictment  against  James  duke  of  York,  for 
absenting  himself  from  church,  which  mis  then 
before  them,  was  prevented  from  being  pro- 
ceeded upon. 

in.  That,  whereas  one  Henry  Carr  had^ 


.  ■  >  • 


he  was  in  his  service,  but  cbn- 

4«t,his  majesty  should  expect  such  a 

of  the  law  from  him,  as  he  could 

give ;  and  that  none  but  indigent, 

ambitious  men  would  give  their 

I  he  expected  ;   and  that  to  this 

■jjotf  made  answer.   It  was  necessary 

ihoald  be  all  of  one  miiid." 

•kii  1  Burnet's  Own   Times,  G69 ; 

ODQ,  706 }  Echard,  1077  ;  8  Kennett, 

Md ;  2  Rapm,  754,  755,  ed.  of  1743  ; 

"  ,  920. 

Bogev  North's  character  of  him,  an/f, 

Bsnm  Weston  seems  to  have  been  a 

^(■ach  boldiiess;  for,  not^ithbtanding 

against  him,  he  afterwards 

be  power  ^T  the  House  by  liberating, 

VBsKss  Corpus,  Sheridan,   who  was 

M7  soder  a  commitment  of  the  House. 

Mthe  ivht  of  the  Lords  to  tiy  a  Com- 

'i|n  in  Impeachment  of  High  Treason, 

Mcii  the  Cmc  of  FItBbarris,  a.  d.  1681, 


wherein  the  superstitions  and  cheats  ofthe 
church  of  Rome,  were  from  time  to  time  ex- 
posed ;  he  the  said  sir  WiUisun  Scroggs,  then 
Chief  Justice  of  the  court  of  King's  Bench, 
together  with  the  other  jud^^  ot  the  said 
c;ourt,  before  any  le<^l  conviction  of  the  said 
Carr  of  any  crime,  did  ui  the  some  Trinity  Term, 
in  a  most  illc&fal  .-md  arliitrary  manner,  make, 
and  cause  to  be  entercil,  a  certain  rule  of  that 
court  against  the  printing  of  the  said  book,  tJt 
Atfc  verba  ; 

*  Die  Mercurii  proxhna  post  tres  Septima- 

*  nas  Sanctffi  Trinitatis,  Anno  32  Car.  II.  Rt>gis. 
'  Ordinatum  est  quod  IJbcr  intitulat' '  The 
'  *  Weekly  Pacquet  of  Advice  irom  Rome,  or, 
' '  the  History  (»f  Popery,'  non  uHerius  impri- 

*  matur  vel  publicetur  per  aliquam  personam 

*  quamcunque.  Fer  Cur** 

And  did  cause  the  said  Carr,  and  di\'era 
printers  and  other  persons  to  be  served  with  the 
same  ;  which  said  rule  and  other  proceediogs 
were  most  apiwrently  contrary  to  all  justice,  in 
condemning  not  only  what  had  been  written 
without  h^uinff  the  parties,  but  also  all  that 
might  for  the  future  be  written  on  that  sub- 
ject ;  a  manifest  countenancing  of  popery  and 

*  Hceth«  Case,  vol  7,  p.  1111|  ^  this  Co)- 
l€cUw. 


STATE  TRIALS,  52  Charles  II.  l690.—Froceeiing8  MgahiH 


1991 

discoura^pemeiit  of  prote8tants,  an  open  inTasion 
upon  tbe  ri^hiof  the  subject,  and  an  encroach- 
ing  and  aKsinnini;  to  thennselvcs  a  legislative 
power  and  authority. 

IV.  That  he  the  said  sir  William  Scrof]^, 
since  he  was  made  Chief  Justice  of  the  Kin{^*s 
Bench,  hath,  toother  with  the  other  judg^es  of 
the  said  court,  most  notoriously  departed  from  all 
rules  of  justice  and  equality,  in  the  imposition 
of  fines    upon    persons  convicted  of  misde- 
meanors in  the  Kaid  court ;  and  particularly  in 
die  Term  of  Easter  last  past,  did  openly' de- 
clare m  the  said  court,  in  the  case  ot  one  Jes- 
sop,    who  was  convicted  of  puUishin}]^  false 
neivs,  and  was  then  to  be  fined.  That  he  would 
have  re^rd  to  persons  and  their  principles  in 
im]>osin^  of  fines,  and  would  s(4  a  fine  ot  500/. 
on  one  ))ersf>n   for  the    same    offence,  for  the 
which  he  would  not  fine  another  100/.     And 
according-  to  his  said  unjust  and  arbitrary  de- 
claration, he  the  said  sir  William  Scro^n^,  to- 
petlier  with  tlic  said  other  justices,  did  then 
tmiMise  a  tine  of  100/.   ujMtn  the  said  Jessop  ; 
aUhouQ:h  the  said  Jessop  had  before  that  time 
provctTiine  Hewit  to  be  convicted  as  author  of 
the  said  false*  news  ;  and  afterwards,  in  the 
•anie  Term,  did  fine  tlie  said  Hewit  upon  his 
caid  conviction,  only  five  marks  :  Nor  hath  the 
•aid  sir  Willi  iani  S(T(^^,  together  with  ths  other 
judges  of  the  said  court,  had  any  reganl  to  the 
nature  of  theofl^enccs,  or  the  ability  of  the  per- 
sons, ill  the  imiMising  of  fines  ;  but  have  been 
Diaiiili^tly  partial  and  favourable  to  papists,  and 
persoas  alRrted  to,  ami  promoting  the  popish 
interest,  in  this  thnc  of  im mi iimt  danger  from 
them  :  Aiid  at  tlie  same  time  have  most  se- 
verely and  grievously  op]iressed  his  majesty^s 
pn)testant  subjects,  as  uill  appear  upon  view*  of 
the  several  rct'ords  of  fines  set  in  the  said  court. 
By  which  arbitrary,  unjust,  and    partial  pro- 
vetMlings,    nmnv     of    las    majesty^s     liege- 
people  have   IkVu   niiiieil,   and  popery  coun- 
tenanciHl    inider   colour  of  justice ;    and    all 
the  misrhicfs    and    excesses    of  the  court  of 
8tar- Chamber,    by    art    of  {>arliament    sup- 
jiressfil,  have  lieen  again,  in  cUrect  opposition  of 
tlie  said  law,  intHKluceil. 

V.  That  he  the  said  sir  William  Scwggs, 
for  the  fiutluT  ai*complishing  of  his  said  trai- 
tor(»us  and  wicked  purposes,  and  designing  to 
subject  the  ])ersoiis,  as  well  as  the  estates  of 
hi^ majesty's  Uinife  ]>eopie,  to  liLs  lawless  will 
Itiid  pieasure,  hath  freipiently  refused  to  ac- 
cept of  bail,  though  the  same  were  sutficient, 
and  lefifally  tendered  to  hhn  by  many  persons 
nccu.-^'d  before  him  only  of  such  crimes  for 
whirh  by  law  bail  ought  to  have  been  takrn, 
•nd  divcTS  of  the  said  persons  being  only  ac- 
cuw-<l  of  ort'ences  aganist  himself;  dwlaring 
at  the  saiac  time,  that  he  refiise(l  bail,  and 
VOiiiniittcd  them  to  gaol  only  to  put  them  to 
chunr(«  ;  and  using  such  iiirious  threats  as 
were  to  the  tem»r  of  his  majesty's  subjects, 
ond  such  scandalous  expressions  as  wera  a  dis- 
honour to  the  governuifnt,  and  to  thedicuity  of 
his  office.  Antl,  particularly,  that  he  tne  said 
iir  William  Scrc^gs  did,   u  the  year  1679, 


commit  and  detain  in  prison,  in  tudi 
manner,  among  others,  Henry  Carr 
Broome,  Edward  Berry,  Boijainm 
Francis  Smith,  sen.  Francis  •  Smith,  . 
Jane  Curtis,  citizens  of  London :  Wl 
ceeilings  of  the  said  nr  William  Scro^ 
high  breach  of  the  liberty  of  the  aab] 
tructive  to  the  fundamental  laws  of  t£ 
c<mtniry  to  the  Petition  of  Rifflity  a 
statutes  ;  and  do  manifestly  tend,  to  1 
ducing  of  arbitrary  powe^. 

VI.  lliat  he  the  said  sir  WUfiam 
in  further  oppression  of  Ids  nuuest 
people,  hath,  since  his  being  made  d 
tice  of  the  said  court  of  King's-bench,  i 
trary  manner,  granted  divers  general  i 
for  attaching  the  persons  and  seizing  1 
of  his  majesty's  subjects,  not  named 
cribed  {NuticulaTly  in  the  said  warn 
means  whereof,  many  of  his  m^es 
jects  have  been  vexed,  their  houses  en 
and  they  themselves  grievously  q 
contraryto  law. 

VII.' Whereas  there  hath  been  a  I 
damnable  plot  contrived  and  carried 
papists,  for  the  murdering  the  king,  th 
sion  of  the  laws  and  government  of  1 
dom,  and  for  the  destruction  of  the  i 
religion  in  tlie  same  ;  all  which  tl 
WiUiam  Scroffgs  well  knew,  havin| 
not  only  tried,  out  given  judgment  b{ 
veral  ot  the  offenders  :  Nevertheless, 
sir  William  Scro{(gs  did,  at  divers  t 
places,  as  well  sitting  in  court,  as  < 
oi)euly  defame  and  scandalize  seve 
witnesses,  who  had  proved  the  sail 
against  divers  of  the  conspirators, 
given  evidence  against  divers  othei 
who  were  then  untried,  and  did  end 
disparage  their  evidence,  and  take 
credit ;  whereby,  as  much  as  in  hi 
did  traitorously  and  wickedly  sup 
stifle  the  discovery  of  the  said  Fopisn 
encourage  the  conspirators  to  proce< 
same,  to  the  great  and  apparent  danj 
majesty's  sacred  life,  and  of  the  well 
ed  government,  and  religion  of  this 
England. 

VIII.  Whereas  the  sidd  sir  Williair 
being  advanced  to  be  Chief  Justii 
Court  of  King's  Bench,  ought,  h\ 
grave  and  virtuous  conversation,  to  c 
a  good  example  to  the  king's  liege  p 
to  demean  himself  answerable  to  the  < 
so  eminent  a  station ;  yei.  he  the  sait 
liam  8cro^fgS,  on  the  contrary,  by  hi 
and  notorious  excM^ses  and.  debaucl 
his  profieine  and  atlieistical  discoui 
daily  affront  Almighty  God,  <tishonoi 
jesty,  give  conntenance  and  encourai 
all  manner  of  vice  and  wickedness, 
the  highest  scandal  on  the  public  jusi 
kingdom. 

*  8ee  this  Case  referred  to  by  Mr 
in  his-Argument  in  tlie  Case  of  Leadi 
and  others,  a.  o.  1765,  in  thisCollMl 


iOi]    STATE  TRIALS,  32  CnABLts  II.  \C)%0,^LordChiejJatliceScroggi.    [iOST 

>  AU  wUeh  wonls,  opiniuiis  aiid  actions  of  the  I  would  have  tlie  statute  1  Mary  read  which  de« 
tMmrVfi^Baofr^  werchy  him  spoken    dares  *'Tliutiiothin(^Hhall  lie  construed  trea- 
^  dtae,  milnoiisly,  wickedly,  t'alsly,   and  I  so»  but  w)iat  Ls  already  so  by  25  Edw.  3. 
;toilieiiatethehpartiinf  the  kinj^'s  |  otherwise  declared,  but  bv  act  of  parliaim 
■  iuf  maiestv.  and  to  set  a  division  i  i  would  not,  in  behalf  of  tDc  subiecL  make 


imms  mqesty,  and  to  set  a  division 
¥ni  and  them ;  and  to  subvert  the  fun- 
llm,  and  the  establislied  relijerion  and 
t  of  this  kingdom,  and  to  introduce 
/,  udaniiiitrary  and  t^Tannicalgovern- 
,  eMbiiy  to  his  own  knowleds;e,  and  the 
I  bin  of  the  realm  of  England.  And 
Itendk  he  the  aiii  sir  William  Scrog^rg  hath 
■HiiqrMa  his  own  oath,  but  alsf>,  as  far 
■•iihaiiiy,hBth  broken  the  kin|if*s  oath  to 
^jHfie;  whereof  he  the  said  sir  Willliam 
lewtscBiting'  his  majesty  in  so  hieh 
er  iustioe,   bad   the  custody  ;    for 


I: 


No 
iamcnt." 
not,  in  behalf  of  the  subject,  make  noir 
treasons. 

Serieaut  Maynard.  What  Knight  says  of 
S5  Edw.  3.  is  very  true,  but  by  a  distinctiOD .  h 
must  go.  The  question  moved  is,  <<  Whether 
any  punishment  of  any  oflence  can  be  by  the 
name  of  treason  in  paniamcnt  ?"  No  man  can 
deny  it.  But  enormous  ofiSenoea  may  be.  im-- 
peached  by  the  name  of  treason,  notwithstand- 
mg  the  statutes.  .There  was  a  treason  aft  com* 
mon  law  before  the  statute  of  S5  Edw.  3,  and 
the  judges  took  npon  them  to  determine  trea- 
But,  by  that  statute,  the  judgment  of 


son. 
|iebth<ni>r Commons  do  impeach  Aim  the  |  treason,  in  doubtful  cases,  is  expressly  reserted 
mI  dr  WiHiimScro(^,  of  the  Hi)jrh-Tiv«-  |  to  parliament,  amount  other  thmgs.  «« Butbe- 
■  againit  our  sovereign  lord  the  king,  nml  '  cause  men  cannot  think  what  sort  of  men  may 
ieromn  and  dignity,  and  other  the  higli  bcjudges,  they  shall  not  proceed  in  adkmbtfiil 
..jnesand  misdemeanors  aforesaid.  case,  but  shall  acquaint  tne  parliament,  which 

And  the  said'Commons,  by  protestation  sav-    ^  n^t  tA  have  an  act  made,  but  by  judgment  in 
iiytotlMnisefves  the  liberty  of  exhibiting  at    parliament  to  deckre  it  treason."     What  trea- 

..  —  L — A .L .•  son  is,  no  nian  can  define,  nor  describe.   In  that 

statute  it  is  not;  but  treasons  are  enumerated  ;*' 
^'  only  those,  and  those  cases ;  if  any  other 
cases  come  before  them,  they  shall  not  proofed 
upon  them,  but  shall  acquaint  the  pariiament. 
Iran  offence  be  committed,  the  parliament  shall 
judge  whether  it  deserves  the  punishmrait  of 


■^tine  hentfler,  any  other  accusation  or  im- 
It  against  the  said  sir  William  Scroggs 
Mof  n^ying  to  the  answer  that  he  shall 
thereiuito,  and  of  offering  pro<»t8  of  the 
or  of  any  other  impeachments  or 
that  shall  be  by  tliem  exhibited 
him,  as  the  case  shall  (according  to  the 


i  of  parliament)  require ;  do  pra;^  that  •  treason,*'    What  if,  as  in  our  case,  in  interval 


ke  aid  sir  William  Scroggs,  chief  justice  of 
Ihe court  *if  Kinn^s-bench,  may  be  put  to  an- 
Mvt^aB  and  every  the  premises,  and  may 
to  safe  custoily  ;  and  that  such 
exanunations,  trials  and  judg- 
VMij  be  upon  him  had  and  used,  as  is 
to  law  and  justice,  and  the  course  of 


JJpm  lit  above  Articks  the  following  De- 


Sr  Frmweii  Winningian.  It  is  said,  by  May- 
IB^  TlHtft  the  first  article  is  general.  AU  I 
flB  ay  is,  that  it  is  a  substantial  article,  **  To 
■him  the  fundamental  laws  of  Enghind,  and 
teidradooe  popery  and  arl>^trary  government 
bf  vaida,  actions,  and  opinions."  That  article 
UM  a  great  crime,  when  that  learned  5M*rjeant 
«■  ooneemed  in   the  iro]ieachment  ot^  lord 


'  flkJokn  Knighi,  That  article  was  then  of 
Ml  importance.  In  lord  Clarendon's  impeach- 
Mtlora  Strafford's  case  was  cited ;  but  there 
Ikiy  proceeded  by  act  of  parliament,  and  within 
iMiflrtliree  days  passed  it,  with  a  clause  of 
tol  being  hereafler  dravm  into  example.    I 

'*  I  aniomt  John  Wright,  and  Richard 
'ChisweU,  to  nrtnt  these  Articles  of  impeach- 
*MBt  with  the  llesolutran  of  the  House  of 


'Commana  relatiiu^  to  tbe  same,  upon  Wed- 
*aeriaytlieMhof  Jan.  1680.  Perused  by  me 
^Moorinnff  to  the  order  of  the  House  of  Com« 
^noDs;  And  that  no  other  person  meBume  to 
'pnotthoB.    Wi.  WiuMlH,  Speaker.' 


of  parliament,  there  should  be  a  contrivance  to 
destroy  all  the  Lonls  and  Commons ;  is  that 
compiurable  to  the  treason  of  coining  a  shillinjEj^  P 
After  the  statute  S5  Edw.  3.  many  acts  werm 
made  Treasons  on  particular  occasioni,  as  in 
Hen.  6.  Hen.  8.  Edw.  6,  1  Mary,  *«  None 
shall  be  judged  treason,  hut  what  is  so  by  S5 
Edw.  S.  in  reference  to  the  courts  below."  If  an 
act  of  parliament  does  not  name  thekin^,  itdo^s 
not  bind  him.  And  will  any  man  think  that 
the  Lords  will  let  their  throats  lie  open  to  be  out, 
and  not  judge  such  a  conspiracy  to  be  treason  'f 
Whatever  offence  deserves  the  punishment  of  a 
traitor,  the  parliament  may  impeach.  Sec.  and 
the  Lords  judgeacconlingly.  Before  the  sta- 
tute 25  Edw.  3.  a  lord  did  raise  eight  hundred 
men,  &c.  and  it  was  judged  hut  a  riot.  Where 
the  offence  is  a  public  destruction  to  tlie  nation, 
as  all  offences  to  the  king,  as  coining,  &c.  it  is 
treason ;  but  in  a  riot,  the  intuition  and  smpo 
is  on  particular  persons,  and  was  not  jud|^ 
treason  in  the  levying  eight  hundred  men,  6cc. 
To  destroy  the  inclosure  of  particular  persons, 
is  not  treason ;  but  to  go  in  great  numbers  to 
destroy  all  inclosures  in  general,  is  treason ;  fot 
it  differs  in  the  scope  and  intention  of  the  party. 
In  tins  case  before  you,  here  is  a  design  and 
intention  to  destroy  the  nation,  and  our  reli- 
gion, and  i>eople  combine  to  form  companies 
and  raise  arms,  and  intend  to  destroy  the 
Lords  and  Commons.  Think  you,  that  this 
cannot  be  judged  treason  ?  Now  comes  the  sta- 
tute, and  says  "  If  such  an  offence,  as  men  cannot 
define,  should  happen,  the  judges  are  to  acouaint 
Uie  pariiament  n^th  it."    And  an  aet  or  pw- 


S03]         STATE  TRIALS,  3Z  Charles  II.  iSSO.— Proceedings  ngamat 

tiamentdoes  notbind  the  parliament  unless  the  \  the  city  juries,  where  great  fines  hi 
parliament  be  named.  General  words  shall  j  imposed.  There  can  be  no  higher  en 
never  take  away  the  right  of  the  nation,  in  the  Scroggs  is  accused  of;  but  as  to  tl 
judgpment  of  Lords  and  Commons,  The  words    "  traitorous,*'  that  he  did  traitwously  d 

J*  o        r,..-  •  take  h 

Gourtv 
your  titlt 
betrayed  a  castle  in  France,  by  judgment  of   '  ' 

parliament,  without  more  ado,  were  beheaded  ; 


and  tfasit  is  adiiTerent  jwlgment  from  the  law 
in  case  of  tiiedMiB.  What  the  act  25  £dw. 
5b  dbevreserfe  Ac  parliament,  shall  vM.  he  judg- 
ed in-teiy  ittftrior  court:  1  Mary— 'Not  to  define 
hot  enomerate  what  the  judges  shall  judj^  In 
Rich.  S.'sdme  4  judgment  was  dedaredin  par- 
liam«it  against  Tresihan.  This  statute  does 
not  define  before-hand;  but  when  an  offence 
does  (all,  then  to  judsfe  it.  Sometimes  the  par- 
liament have  judged  hanging  and  drawing,  and 
not  quarteruis[  nor  embowellmg,  and  sometimes 
belM?ading  only.  In  treason,  the  forfeiture  is 
to  the  king ;  in  fekmy,  to  the  lord  of  the  manor. 
This  case  we  now  debate  is  no  case  enumera- 
ted in  ?5  Edw.  3.  But  take  that  power  away 
di  dedarin;^  treason  in  parliament,  and  you 
Aiay  have  all  Tour  throats  cut.  (He  spoke  tow, 
notVell  to  be  lieard  J 

Sir  John  Otmny.-  No  doubt  nor  question  bnt 
an  oifipnce  shaD  be  treason,  if  King,  Lords,  and 
Commons  declare  it  so,  since  that  statute  25 
Edw.  9.    This  article  against  Scn»g8  is  very 
micertMn.'    Has  he  broken  the  fundamental 
laws  of  the  nation  P^  Wherein  ?   It  is  a  hard 
thing  for  a  nuin  to  fall  under  the  displeasure  of 
the  House  of  Commons.  No  suliject  is  too  big 
fbr  them.     It  hail  been  k  great  ratisfifection  for 
Serogga  to  have  acknowledged  thexyfTence  here 
aoad  explained  himself;  imd  it  has  been  fre- 
q#ently  done  here  by  Fome  Lordft ; .  as  the  duke 
of  Bu6kini?ham,  and  IiniUrliugtbn,  who  ex- 
plained thtfir  actions,  ^c*  and  upon  satisfaction, 
the  House  has  forborne  to  impeach.  Mr.  Thomp- 
son of' Bristol  was  heard  at  the  committee;  so 
was  sir  John  Davis-  of  Ireland.     Lord  chief 
justice  Keeling  was  beard  in  the  House,  u|K)n 
complaints  against  him,  and  tiie  mattt^  went  no 
farther.     I  wo'rtld  have  Scroggs  sent  for,  to 
know  what  answer  he  can  make  for  himself. 
Let  him  have  th^*  same  justice  others  have  had. 
Sir  Tfiomas   Lee,  I   am  one  of  those   who 
think  that  fay  that  statute  the  parHanient  u  not 
so  bound  up,  that,  v\  hen  sucn  enonnous   of- 
fences are  committed,  by  judgineit  of  parlia- 
ment they  mat  be  mdde  treason,  and  no  doubt 
of  it  for  the  safrty  of  the  government.     But 
now  as  to  this  "parttcular  person,  in  what  degree 
win  the   Comihons  make  their  complaint  to 
expect  jud^cbt  from  the  Lords  ?  As  the -Ar- 
ticles are  fVamed,  you  must  change  your  title  ; 
but  whether  it  is  prudence  to  dress  yoin*  arti  - 
cles  in  these  terms,  is  the  question.     It  was  an 
odd  sort  of  practiec  of  the  juds^es  inthe-  case 
of  sir"  Sanniel  Barnardistoit,  'Sec.  to  construe 
*«  malidou^ly,  to.*'  but  :peppor  and  vinegv- 
saac«-    They  told  the  jury,  "  Finl  you  but  the 
feci,  and  we  shall  lay  the  crime   io   law."     I 
oitai  hafu  taken  this  for  «  great  miscbirf  in 


impeachment.    It  may  be,  the  judge 

to  aggrandize  thenuems.    I  would  • 

whether  to  say  ''  an,  imiveraal  subvi 

the  kiws,*'  to  that  one  particular  actioi 

chajgbg  the  jury.    It  3rou  expect  o 

judgment  from  the  Lords  dian  the 

meaner,  consider  of  it.    The  rest  of  tb 

are  equally  ffuiltym  this  matter;  itwa 

tention  of^  all  the  four  judges.    Call 

lower  name  of  offence  ;    you  cannot 

higher  iudgment  from  the  Lords  than  y 

plain  of.    If  the  parliament  happen  to 

fore  the  matter  be  judged,  the  impel 

remains  upon  record,  and  may  be  pi 

in,   the  next   parUament.    1  nave  st 

matter,  in  every  part,  plainly,  not  in  ft 

Scroggs  ;  that,  if  any  thmfic  should  I 

you  may  not  be  unprepared.    Anotb 

may  fafl  out ;  if  the  ciwrgc  be  trea 

bishops  are  not  to  be  judges  of  it,  and 

may  have  the  better  effect  of  it.     In  t 

of  the  articles  is  tlie  very  evidence,  and 

be  of  great  inconvenience  to  show   the 

the  nature  of  the  crimes  from  the  < 

itself.     If  the  Lonls  happen  to  say, 

but  a  single  act ;  they  may  make  a 

whether  to  commit  him  for  treason  ?  Ai 

ther  the  Lords  be  free  to  make  tliis 

ratory  treason  ?  Let  us  take  care,  not  ti 

Lords  too  of\eB  to  renew  their  orders,  as 

Danby's  case,     if  vou  intend  to  print 

suppose  you  intend  it  not  a  censure  b 

parliament.     If  the  charge  must  be  as 

It,  all  acts,  for  the  future,  of  the  judg' 

be  tliesame  in  wbat  may  follow  herea 

would  be  better  informed  by  learned  : 

tliis  shoidd  fall  out,  to  consicler  what  d\i 

you  will  be  u(ion.     In  Lord  Strafford 

because  such  judgments  should  not 

future  be  given   by  the  judges,  theref 

Commons  proceeded  by  bill  of  attaind 

not  liy  juflginent. 

Sir  Frniicii  Winninfiton.  To  the  first 
"  Wlieilierthe  declaratory  power  of  tre 
in  the  {KirUanient  ?''  Ahhough  doubi 
other  day  bv  Jones,  yet  if  you  consider 
giunents^-  in*  lonl  Duubv's  case,  the  Hoi 
delivered  of  that  didiculty.  Taking  tha 
tor  granted,  if  this  article  be  true,  now 
coine  to  a  mature  debate,  road  the  artic 
by  one.  As  to  the  fairuess  of  the  thinur, 
enormous  crimes  are  committed,  it  is  oi 
to  tukc  caroto  question  them. 

Sir  Thomas  Mcrfx,  When  I  heard  t 
ticle  read,  I  did  tlunlq  it  was  an  arti 
itself ;  and  now  I  perceive  that  the  othe 
clcs  must  explain  this.  But  .f  the  trcas 
in  the  foUowin^jt*  articles,  I  would  see  the 
IS  not  for  the  interest  of  ihe  Commons  t 
tiply  treasons  \*  bui  still  to  consider  w 


STATE  TRIALS,  32  Chailis  II.  l680.--£i;nf  Ckirf  Justice  Scroggt.    [206 

do  think  tliis  man  (8crogg8^  in  not  fit  for  his 
p|Bce,  and  has  done  crimes  lit  tor  great  punisb* 
mg.  Consider  that  all  the  ill  precedents  have 
been  the  result  of  mens  prejudices  iu  odious 
cases.  When  we  sufier  ourselves  to  be  trans* 
ported,  we  may  proceed  well  in  this  case,  but 
ill  for  ourselves  and  our  posterity. 

The  Speaker  read  the  Declaratory  CUIise  in 
95  Edw.  3, 

Sir  Fraaris  Winnington.  Hie  gentleman  wha 
spoke  last,  calls  ine  up.    1  did  tnink  that  poini 
of  dedaratoi'y  treason  inherent  in  parliament 
What  I  say  shall  not  relate  to  the  person  of 
Scroggs,  but  1  shall  go  upon  the  warrantable 
steps  of  our  ancestors,  in  what  they  have  dnne 
to  lay  the  foundation  oi'  right.     His  aigument 
(to  my  understanding)  though  the  power  of  de- 
clarator^' treason,  ^c.  be  agreed  by  the  House, 
yet  his  argument  does  go  directly  against  de* 
clanRory  treason.    To  be  better  understood, 
I  shall  state  the  law  how  it  stands  upon  that 
statute  25  Edw.  8.  and  the  precedents.  By  the 
statute  there  is  no  necessity  that  the  ofience, 
before  you  declare  it  treason,  should  be  fekmy 
before.  1  Hen.  4.  chap.  20.  1  Edw.  6.  chap.  3. 
1  Mary,  chap.  t.  By  reason  of  the  disorders  of 
the  kingiluni  in  the  barons  wars,  the  parlia- 
ment md   reduce  all  treasons  to  the  statute 
S3  Edw.  3.    I  obsene  tliat,  since  that  time» 
there  should  be  no  other  treasons  but  what 
should  be  adjuflgcd  and  agreed  in  parliament  ; 
by  which  1  do  plainly  observe,  that,  to  that 
time,  there  were  other  treasons  than  in  that  8t»« 
tute  are  enumen^M ;  and  that  statute  talus 
them  not  away,, but  forbids  the  judges  to  med- 
dle with  them  in  judgment.    As  this  case  is, 
by  search  of  jirecedents,  there  was  never,  or 
very  rarely,  any  judgment  in  parliament  which 
the  judges  in  Westminster- Hall  or  commis- 
sioners of  Oyer  and  Teniiiner,  could  try  be- 
low ;  all  was  upon  declaratory  trcabon.    But 
says  Finch,  <*  By  25  Etlw.  3.  the  parliament 
did  not  declare  a  treason,  unh*ss  it  was  felony 
at  common-law."    But  to  dc^tlower  the  ijueen, 
and  several  other  instances,  as  the  biiuging 
six-pence  faltie  money  into  England,  ^as  de- 
clared treason  by  tliat  statute,  and  was  not  fie* 
lony  before.  In  the  case  of  Hichard  Weston, 
who  deliveml  a  castle  at  Berwick,  and  Corn- 
mines  at  Aries,  botli  n-crc  judged  treason.  Par- 
liara.  Koll.  Numb.  5. 1  would  know  whether  that 
was  felony  at  common- law  ?  It  was  oijy  breach 
of  trust    against  the  |^\'emiiieiit.     A'he.  of- 
fence of  TresiJian  and  Ikslknap  Has  no  liokNij 
bcfoi-e.     But  as  ^laynard  said,  «*  That  what  b 
committed  to  the  dchtmction  of  tliegoTcrnmcnt 
dc<(er\'esas  much  piininlinient  as  those  treasons 
in  the  statute  ;'*  but  to  Nubver^e  government, 
tbat  is  a  (Kirliameut  treason.    But  1 1  Rich.  IS. 
thorc  was  a  distinction  of  treasons,  which  were 
not  hy  that  statute.  For  thatqiiestion|>ut  to  tlie 
judges  (TresUian  aud  Jielknap)  belonged  to  the 
IMir]ianient,anflmittotlioiu,u>dccide-  And  they 
are  not  made  but  declared  treusons  at  common- 
law  whir!i  were  not  lelonics  bel  jl-c.    The  main 
objection  is  agreed  as  to  the  declaratory  power  of 
treason  in  |Nurliament.   Butitisiugedby  Findii 


it  oonmon  law  ;  for  when  we 

it  treason,  thejud^  at  West- 

•  HaD  aanst  judge  so.    In.  the  case  of 

.^■sewdoii'a  hnpeachment  the  Lords  did 

9  '*  That  our  chaige  was  general  trea- 
therdwe  1  desire  to  express  paiticiilar 

ria  ihis.cfaaige.  Pray  be  wary  in  that 
of  top  Bsavr  dedaratory  treasons. 
.  Fimek.  What  I  shall  say  in  this  case 
tt  IB  dlisdiaive  of  my  duty  to  my  coun- 
ad  I  ahould  be  aony  any  man  should 
Ma  an  advocate  for  Scroggs,  for  I  think 
at  fit  for  hia  place,  nor  ever  way,  and  I 
■ach  leas  now.  This  crime  he  stands 
ii  oi^  in  its  own  nature,  is  not  capital, 
km  he  committed  it,  he  knew  it  to  be  a 
hat  not  capital ;  so  that  I  would  not  have 
isr  a  crinae  ex  po$t  facto,  Tliis  being 
f  war  of  prelimmaiyy  I  shall  say  snme- 

10  the  declaratory  power  in  the  parlia- 
Siippoae  you  had  such  a  power,  yet  no 

can  be  dedarad  treason,  but  by  King, 
I  and  Commona  ;  you  go  on  a  little  too 
hst  lo  decfaune  it  bmrc  you  impeach  him. 
hit  I  shall  chiefly  insist  upon  is,  the  de- 
ar power  in  pariiament  itself.  What  is 
|r  Maynard  is  a  doctrine  so  luiKchievons, 
is  age,  or  the  next,  ma^  rue  it.  When 
Mc  onee  declared  the  fact  treaj?on,  the 
I  maT  judge  that  foct  as  treason  for  the 
;  oolese  it  be  with  a  *  Ne  timhatur  in  ex- 
liBi.'  Put  the  case  of  a  f«ircible  entry,  a 
gicater  crime  than  a  robbery  on  the 
ay ;  for  that  pots  a  man  in  fright,  and 
May  his  land  as  well  as  his  money.  Be- 
M  Bimte  95  Edw.  3.  there  were  great 
la  m  the  kingdom,  and  there  usudly  fol- 
e;  ami  4IS  the  parliament  became 
ade  than  the  other,  they  were 
lerUs  of  their  rage  ;  it  may  be, 
may  come  again ;  and  then  the 
i  mast  punish  upon  the  like  occasion. 
supuose  parliamenti  in  being,  nor 
y  and  what  a  miserable  case  will  it 
—  upon  such  judgments  no  remcfly  can 
<  !  By  the  sUtute  25  Edw.  3.  in  high- 
I  die  forfeiture  is  to  the  king,  as  well  of 
iddofodier  Lords,  as  of  the  king.  Ano- 
art ;  in  petty  treasons  the  forfeiture  of 
Crimea  m  to  the  kml  of  the  fee.  And 
le  there  mav  he  many  snch  like  treasons, 
leeediags  shall  he  stopped,  till  the  par- 
adcdare  whether  the  crime  bo  treason 
ay.  The  intent  of  that  act  was,  that  t  he 
LMifthould  not  lose  their  rights  and  tbr- 
'  sboukl  be  given  to  the  king,  and 
ahoald.be  stopped  till  the  treason 
1  W0ukl>  have  a  precedent 
a  eier  apy  offenre  was  de- 
-_  in  parliament,  that  was  not  fe- 
1  whether  ever  they  did  declare  or 
,  an  out  of  his  life  ?  By  -  bill  you 
^M  deliharation  ;  the  Lords  and  the 
of  it  5  but  here  by  a  itecla- 
icyoa  pead  it  but  onoe,  and  in  a 
Sbclare  a  man  a  traitor,  which 
a  man  out  «d*his  life.    I 


S07]         STATE  TRIALS,  3?  Charles  II.  l6S0 — PyccccdingM  againai 


*>  If  you  oome  and  call  this  treason,  tlie  jmlji^ 
will  call  it  treason ;  and  Mill  you  Gfire  thein 
that  poirer  ?"  Uut  the  declaratory  (K>vi'er  is  to 
he  ar)^e<l  lor  wery  s|>ecial  caKe :  and  if  so,  it  is 
not  an  anniment  to  sup|M>rt  ileclnrntorv  power 
in  thejwtj^,  but  toprrvent  it.  In  the  case  of 
Emnson  and  Dudley,  the  judpjfes  could  n<it  pro- 
fxeu  upon  .tluise  imiictiiients  l  Hen.  8.  They 
came  to  parliajuent,  and  the  history  says,  they 
were  attainted  ill  piiriiainent ;  lord  Herbert,  in 
his  history,  says,  *'  For  adhcTinfo;' to  the  ldii(;:'s 
enemies.*'^  But  the  journal  of  tlie  Lords  liup- 
pened  to  be  inR^iccted  in  kin^  Jameses  time, 
when  the  Lords  intended  to  give  a  judffiucnt, 
but  they  found  it  only  uiisdenieanor — The  at- 
tomey-u^iieral  bnuigbt  in  the  indictment  of 
Empsou  and  Dudley,  and  the  Lords  took  no- 
tice of  it,  anil  calleil  it  '^  Prodi forie^**  though 
it  was  but  a  bare  encroachment.  In  the  ff>rty 
articles  afraiust  sir  John  Finch,  and  the  articles 
against  ju^'tice  jkrkeley,  iIh'v  were  inflicted  of 
treason,  in  the  goueral  articles,  us  in  this  case ; 
they  iel\is»'d  a  lawyer  to  plwid  before  them  in 
the  case  of  iSbip- money,  and  tiicy  refiLscd  a  jury 
to  enquire  intf»  the  niisttenieunorof  the  spiritual 
GOurfN  ;  and  all  the  articlirs  said,  <*  PnuUiurie  :'* 
For  ht're  is  a  thing  we  must  consider:  Tlic 
Chancellor  is  kceiHT  of  the  king^s  conscicuf'e, 
and  tlie  judges  of  the  kint>*8  oatli,  to  do  cnual 
ju&tic^,  **  secundum  \virv\u  term*,**  and  when 
they  impose  aiiNtmrj^  power,  it  is  n(»t  as  in  the 
case  of  tres|»asK  or  felony,  but  that  is  to  tiiibvert 
the  govemm«'nt.  The  case  of  justice  Tlioqie, 
23  Edw.  ].  *  Sacramentuni  Domini  k«t;is  et 
■  siium  malicio.*^,  ikhi\  et  rebcllitir  falsitica- 
*  cavit.'  So  we  must Judg(> tliinir^  acoR'din^rto 
reason.  This  man  w;is  supfMH^cd  to  Ih*  learned 
and  virruous.  He  has  ilie  kecuing  of  the 
kin;7*s  ofith,  and  lit*  has  l»etravcdit;  Thorpe 
did  so,  und  was  hangiul.  i  am  n(»i  now  to 
make  a  declamation  avfainst  Scroggs,  Imt  for 
my  country.  In  the  ^lirror  of  Justice,  Fo. 
135.  tliitx?  of  a  jury  tu^ipiitted  a  man,  and  nine 
found  him  guilty  ;  a  judge  put  out  three,  and 
put  in  thnt?  who  found  it ;  and  the  man  was 
nanged,  and  the  judge  was  hangtti  for  it.  If 
not  checkf-d  in  the  canvr,  a  man  will 
tell  us  when  we  shall  have  justict\  and  wlien 
we  shall  have  none;  and  he  certainly  de- 
iierv4S  the  cviuiuri' tif  treason.  *•  Givat  offi- 
cers have  much  to  lose,  ;uid  it  is  an  awe  u|N)n 
them,''  Finch  said ;  but  I  am  ntore  afraid  of 
an  arbitrary  judge,  than  of  tlic  lionls  and  the 
hundred  i'ommons  judgment.  A  man  vinll  lie 
eontent  to  lie  liangi>«l  when  the  parliament  savs 
he  is  naught.  (Tlie  Honst*  laugheil.)  lie 
would  Im>  a>liami*d  to  live  ;  he  would  have  little 
comfort  to  live,  es|)ecially  in  his  own  ctiuntry 
vtluTe  the  ^larlianu'nt  shsill  think  him  a  traitor. 
In  Husband's  Collections  of  the  Tmnsactiona  of 
164t.  ^cc.  tile  attorney -g^'ueral  exhibits  articles 
t>f  treason  against  the  li\e  metidH^rs,  fordoing 
their  duty  in  parliament,  viz.  **  That  they  luul 
•ndeavoured  to  alienate  the  affections  oV  the 
people  airainst  the  king.**  It  is  not  said,  '*  To 
•Uenate  the  atfei^tions  of  the  king  from  the 
fMple,  when  they  caiiMl  l»vt  justice*' — 


Those  who  were  for  ship-money,  wen 
to  be  treason,  *^  To  alienate  the  aflectioi 
people,  ^c."  "Subverting  the  ftmc 
laws"  was  as  general  an  articde  then 
is  now.  Mow  the  quortion  is,  if  any 
unanswered — But  it  may  be'aaid,  **  j 
you  let  the  judges  declare  it  'treason 
judgments,  when  the  psrltanient  has 
it  treason  P"  Certainly  there  is  no  daof 
in  tliat.  In  lord  SStrafibrd's  case,  by 
*  trahatur  in  exemplum,' people  thong 
never  to  be  done  again — The  judges  n 
the  indictment  in  a  doubtful  treason,  I 
bring  it  to  the  parliament.  All  the  m 
a  bill  of  attainder,  and  a  *  Ne  trahat 
If  great  offences  as  these  escape  with 
judgment,  how  shall  we  oome  at  otl 
men  that  shall  offend,  &c.  P  If  this  < 
the  Lords,  in  their  court,  to  judge,  i 
^ive  a  judgment  suitable  to  the  fa^  (  < 
mg  it  treason  will  not  make  it  so— An  '. 
man  ought  to  be  content  with  that  jiul] 
lUit  the  <qucstion  is.  Whether  the  L 
commit  8cn^gs  upon  tliis  impeacbi 
hail  rather  sucli  a  man  was  tied  u|>, 
loo>e.  The  couunitment  of  kutI'Danb 
solenm  cntr>'  in  the  Lonis'  Journal ;  ; 
shoulfl  we  siip|»osG  a  difference  with  tl 
about  his  commitment?  when  anile  i 
in  their  journal,  when  the  Lords  sbi 
examining  all  due  circumstances, 
char^  not  to  be  treasou,  we  muKt  be 
The  judges,  by  thus  discharging  jur 
uiion  tlieiu  a  legislative  authority,  uiul 
mn//.le  mt-n,  und  sew  up  their  mouth 
the  laws ;  and  shull  not  the  parliament  < 
tliemP  The  juries  weredischanj[ed  lie] 
made  their  presentments.  Shall  the 
we  Nhall  ha^  e  no  law  ?  I  woubl  know, 
all  tJie  former  offences  men  have  bee 
uiHui  in  |»arliament  do  come  up  to  this 
ing  said  this  oi'  the  power  in  parliamei 


I  «.i. 


i  c^iratorv  treason,  the  |ioint  is  well  set 
I  to  \Hi  sfiaken.  licss  crimes  than  th< 
I  fornierU  called  treason.     Let  us  not  sV 


be  afraid  in  this ;  we  have  precedents 
I  »id(^.     1  have  no  pn^udic*e  against  the 
man,  but  pray  let  the  articles  pass. 

Si'ijeant  Slaifnard,  What  3'ou  he 
told  by  a  gentleman  of  11  Rich.  Q,  is  f 
I  ticular,  and  very  observable,  **  The  C 
pray,  tliat  tlioLe  who  surrenderetl  tin 
.S:c*.  may  lie  put  to  answer  to  the  articl 
upon.**  Kii-hard  Weston  dehvered  t 
at  ll«ru ick  to  the king^s enemies,  wlie 
victual  enougli  and  munitiou  to  liavt 
out.  He  hail  judifinent  in  parliamc 
hang(><l  and  drawn  for  delivering  that  ci 
emlwwelling  \ias  no  part  of  the  senteno 
mines,  fnr  delivering  the  castle  at  Arlci 
out  kiive  of  the  king,  he  went  away  ih: 
ing  the  cnistle :  I  Me  defended  tkie  pli 
was  judged  to  death  liccause  lie  left  tl 
One  was  beheaded,  the  other  was  dr 
hanged,  and  vet  the  dnnre  is  not '' 
nr,"  but  by  bis  delmiiU  they  kft  thi 
and  were  to  answer  it  in  pwUament  \  \ 


i;  K]  STATETRIALSp  32  Chables  II.  \6S0.— Lord  Chief  Juitke  Scroggs.     [310 


i  ivtfiiiilwiii  by  award  oftheseignora  and 
\  InMiindhid  judgment  of  treason  ;  so  that 
4  Wiiiiiilpttntfrf'  treason  in  ono  case  of  fe- 
■i  kf.  btkeolher,  25  £dir.  3,  we  had  much 
i  M ikcML  kw  oif  *  Crimen  kese  majestatis, 
'    'riCBHipcfdiidiiontB ;'   the  one  was  an  or- 

!    fcnyjrijt if  the  other  <  in  campo  manic,* 

r   libjMgnl  by  MDate.    So  that  when  a  iiarti- 

.   nhr  CM  OMM  before  tlie  parhument,  tlicn  it 

;  Mtokjidgcd.    Butinourtime,  whenmen 

tmmumxoj idigion  and  the  whoie  Uw ! — 

Itlif  mak  thk  now,  that  we  may  not  be  de- 

|rindiliyijiiideiDent  upon  a  greator  occasion. 

ib.  Jlici   fwould  Know,  vrhetlier  the  de- 

{Mff  tf  t  csMle  wai  not  felony  before  that 

BMagvait  Weston,  &c.  ?  ItmuHthare 
feiriliy  tke  lord  constable,  or  lord  mar- 
ihl «rk  paiiuiieDt  I  would  know,  whether 
Ai  Lofk  en  ikor  the  judgment  of  high  trea- 
laklraMlher  pnishment  ?  As  for  Kich.  2, 
ImV Mt htfc precedents  urged  of  tliat  un- 
If  tne  ofienoe  was  treason  liefore 
I  ksr,  itii  not  necessary  to  be  lelony 
The  Lidictnient  of  Empson  and  Dud- 
%  viiiol"  Pipoditori^,"  but  by  an  additional 
"■ABpnunentk  was,  '*  For  the  adhering 
^^*  Bf*i  «ewes,"  and  that  was  treason. 
JjJ*J^Fiiich's  crimes  were  not  greater 
MMuliifluiil*!,  and  yet  an  act  of  parlia- 
^''^■Mde  for  that:  I  think  it  a  hard  case 
•■J^***  sot  irf his  life.  If  CTery  erro- 
Sl'^K!*  ^^^"^  ^  *  chancellor  should 
2? •  'J''^  oflfence,  and  every  cnYtneoiis 
nv  ■the  oiker  courts  of  Westminster  (that 
y***»*f  eter  ou^t  to  be  high  treason,) 
"5**jB«ttlis  pen!  of  their  ignorance, 
^^jy  It  is  resolved,  on  all  hands,  that 
J^Jypower  of  treason  remains  in  par* 
^>  ^ift  ■  objected,  "  That  it  was  nerer 
^^|*»iibut  what  was  felony  atcom- 
"!J*-  The  word  "  lelony"  there  imports 
i5?jj*  •  pwt  and  enormous  crime.  In 
JJJU*  flf  maim,  it  is  expressed  felonicl 

a^^*{^  A  great  and  enormous  crime  is 
„  j^Iihall  speak  to  what  Finch  ob- 
■v  it  must  be  felony  betbre  it  can 
— -Jf<  f"BMn  IB  parliament. "  The  cn.se  of 
PJJf*  OMKctnientwas  upon  the  statute  15 
-*h}  •^  not  much  rely  upon  that,  nor 
JH"*|i»OBdent  of  Weston  and  Coinminc-s. 
***^  to  delifcr  op  the  king*s  castles  or  for- 
^*^^fcht  tkey  are  tenable,  is  aiding  and 
>Wy  tt  the  king's  enemies.  In  that  of  1 1 
^tifcur  or  fire  judges  were  impeached 
'V^ui  eztnjudicial  opinion  agiiiiist  the 
■Went    No  man  could  say  tliat  was  fe- 

Eiifir  die  objection  against  "  the  un- 
liMiaf  Rich.  8,  and  precedents  not  to  lie 
H^  Ac:"  wfe  must  tdte  precedents  whore  we 
kwB  tkm,  and  I  take  them  al\i'a3's  to  be 
ilMrtB  tBDMB  when  there  is  oc^casion  of 
I  iRwdenlB.  I  take  all  those  precedents 
1  flick.  2,  to  be  legal  precedents,  and  not 
rcBHfCei  against  In  17  or  18  Rich.  % 
boms  Talbot  oonspired  against  the  Uft;  of 
iB^s  two  wides,  and  that  was  not  felony, 
etin  tkiMt  iMlianiiit  ic  WW  t^udfid  iTift- 
'^  viu. 


son,  and  not  fulony.     Sir  Thomas  Hacksy,  a 
priest,  proffered  to  the  Conunons  a  restraint  of 
the  excess  of  the  kind's  house  ;    the  king  took 
it  as  dcro^ory,  (&c.  judged — The  case  of  th* 
carl  of  North umb(»*luud,  5  lien.  4.      He  had 
given  liveries,  and  had  great  retainers  in  the 
north  ;  the  parliament  judged  it  only  trespass, 
and  not  treason ;   it  came  to  a  dispute  whether 
it  was  treason  or  felony,  and  it  was  judged  tres- 
pass.   The  several  judgments  against  EmpsoD 
and  Dudley,  &c.  The  oppressive  [iroceedings  of 
the  Court  of  Wards^and  llie  word  **  Prodi- 
tori^"  is  so:  andtlie  Lords  did  judire  it.     But 
if  we  may  believe  lord  Herbert,  in  his  History 
of  Henry  8,  tlie  charge  of  Empson  and  Dudley 
was  brought  into  parliament  by  bill  against 
them,  and  it  was  rejected,  as  not  hein^  well 
formed,  but  when  mende<l  it  never  nassed.  Tlie 
bill  is  extant  of  their  restoration  in  blood,  and  it 
makes  no  mention  of  their  being  iudg«^l  in  par- 
liament, but  they  were  attaiutcfl  by  course  of 
common-law,  at  Guild-hall  in  LcMidon,  and  at 
Northampton,  Dudley.      As  to  the  business 
now  before  you,  I  never  heard  but  that  the  sub- 
verting the  fundamental  laws  was  »*  PnMlitori^" 
in  an  impeaclmient.    This  is  si>oken  of  Scrcggm 
as  a  small  offence,  and  a  single  act,  and  there- 
fore a  hard  case  ;    but  we  ore  beholden  to  the 
shortness  of  his  reign  in  the  King's- Bench,  for 
no  more.     The  offence  of  Tresilian  wns  but  a 
single  act,  and  ship-monev  but  a  single  art^ 
and  riots,  as  Maynard  saiil.     But  to  destroy 
the  whole  government    The  dischai^e  of  the 
grand  jur>',  as  if  with  intention  to  sa^e  all  tlie 
Papists  from  conviction,  is  not  this,  forjudges 
to  make  laws,  as  in  the  case  of  furhidduig 
printing,  he,  ?  And  a  general  warrant  to  seize 
persons  and  goods  by  messengers,  is  not  this  a 
subversion  of  the  go^  emmeut  i*    I  believe  it 
was  done  with  that  intent.      If  Hrroggs  be  not 
a  good  lawyer,  he  ou^it  to  lie,  v.nA  must  an- 
swer for  his  fault  of  ignorance  of  the  law,  aa 
well  as  tlierest  of  his  charge.     You  cannot 
in  this  fo  less  than  the  word  "  traiteious  ;*• 
else  it  IS  casting  dirt  upon  former  impeach- 
ments. 

Mr.  Finch,  I  am  no  advocate  for  Scrogsrs, 
much  less  for  his  crimes.      I  onW*  said  *'  We 

ml 

ougnt  to  be  cautious  how  we  construe  treasoa 
iti  purUamcnt."  If  every  illegal  act  be  treason, 
Me  are  in  an  ill  case.  As  for  the  case  cited  of 
earl  of  Northunslterland,  it  was  plain  treason^ 
and  the  Ix^rds  interposed  for  mercy  to  the 
King.  As  for  Hacks>  's  cast*,  it  was  repealed  ; 
and  for  Talbot's  case,  that  was  declared  treasoQ 
by  the  lx>rds  alone,  if  you  will  allow  that  for 
a  pretredent. 

3Ir.  Ptiul  Fulfil.  Sir,  we  are  not  gouig  about 
to  declare  any  thing  treason,  but  to  offer  our 
articles,  and  leave  it  to  the  Lonls ;  therefore  most 
of  these  arguments  would  be  more  proper  there  : 
for  we  only  impeach,  they  are  to  be  the  judges 
whether  tlie  matter  be  treason  or  no.  It  U 
true,  we  ought  to  be  cautious  what  we  do  in  it, 
because  it  is  not  pl»jpcr  thtrt  thit  House  should 
impeach  a  man  for  treason,  without  having 
good  gioujuls  for  it.    But   is  not  the  oid«r 


2in  RTATETRIALS,  3?CHA8LKsn.  l6%0^Pn€adimg» ^ 

rather  for  Inil  than  lo  fat  him  go  4 


ihfiirt  priMifif  H  kini]  'iTaa  art  iifntaK 
ithliM  ntk  biw?  Is  ii'ii  ilii^iidprif  ^nd  inri'.-s 
Mini  jNirt 'it'thw  vnvMiimmt?  .4ni1 
iliHiMiwiiiiK  (ir  tltPiii.  M  thi<  jadi'v; 
Ifinndrr  tlinn  iiwIi->.«?  Ai        -'-- 


w  mi<  !)■•- 


ittimilitN  roM'ixi-  Imoki- Biirl  pappri  uIhIi _  .  . 
•nHil'illi  rint  nil  trii<l  tfitlir  mibviTiuon  <>fl)ic 
Kni'i'iiiiiii'iit  ?  hihI  what  Wtlrr  ifroon*'* '■houlil 
m-  Iinvc  f'lr  niir  prrH-n^rnt(^  ^  I  ttiiiik  the  ar- 
Mrlr-i  art'  wiJIilrawii,  anil  t/iiifht  lo  be  cngroMciI 
■1  llipy  iirf. 

Mir  tdrbiiTil  Tun/ili:  Sir,  I  (unnnt  admit  that 
priili:iim'ntiii,  li^  iin|i(>a( Ihiii-iiIk Iwf'irr  Ui«  l^irdi 
rail  iiimIii-  any  lliitif;  Iri'WHin,  btit  (inly  bucIi 
niiillfniHNHiTutmiuinltvMiinmraihw,  bdiir*- 
till'  NiMiilr  <■!'  ■{divaril  tli'i'  Itiird.  And  I  tiiiiik 
HI'  <iii|[li(  1(1  )n'  mi  <-iiiitiiiii!i  III' our  iKnl'Tities,  as 
mil  tri  prcH  liir  •Hirli  )irPriili'iitK,  littl  ytlli  |>iil 
iiilii  lid' liiiiiilii  (it'l)iF  IxiiilHajKnTor,  forwIiH'h 
wr  may  liavp  caii*-  rn  miml  liimraArr,  biit 
iirtiT  KPt  Imrk  nijiiiii :  fur  tfir  I/>nls  do  mil  inw 

juirr  »ilti  lliiiM- |Hi»rrN  Ihry  miri>  q[el.  'Iliere 

'il<uiiN  bv  wliirh  ii  a]>iM':ir<,  that  the 

tr  iill(iii|il(il  In  inakr  iln'liimtivGlrra- 
■iiiiH  iiKiiir,  nilliinit  nnv  hniM-nrhini'iil  <'n>in  iho 
CotimiiiiiN.  Iluvr  ni'arcliim'  yoii  pvr  llinn 
nu-iiiiriii:i'nii'iiil>i|inii'itiltlipri'in';1inicrkec]>l<> 
|Ih>  iilhiT  H  ny  (•Cnitikini;  iiii  ihtlarutivi?  Ircasuoi 
liiil  li>  bill. 

'I'Ih-  \tlu'1i-s  «t Ti'  rrnil,  niiil  niipsliim  pul : 

llrMitriil.  '■  Thai  Ilir  niid  Mr  IVillJam 
SrnH;ii<i  hi'  )ni)H'arhr<l  n|inii  ihr  uiil  Articin  ( 
anillliiil  llit-vuid  \Ttii-lis  U- iiiKToniiil.  Biut  car- 
iK-d  lip  ti  tlH'  l^mln  hv  my  hml  t'atondi^h." 

tlhhT.ll, "  "Ilial  iIh'  niiiiiniltn'  niipniiitol  to 
•MiiiiiiH-  tlit<  pr<Hi'rdhi):s<irilifJiH^'>  in  Wnx- 
iiiiiisiir  ball,  ami  iii  iitt-mw  iniixMrhtncniK 
ai|.iiiiM  hir  l-'rnm'is  N.hiIi.  riiivt'-,!!!"!!)'!'  iilthr 
('(•miiiiiii'  inras ;  >ii  I'hnnia!)  June*,  onr  of  the 
■iiiliii'^nl'ihri'iuul  t<rKinK'ii-Ilmi-h  :  uii.taiT 
IlK'hanI  Wminii,  mif  ol'ihf  borona  irt'ilw  «>nrt 
••I  K\i'lin|i)rr.  ih)  hriiv  in  «ucli  iiui>nH'famniti 
■  ill)  all  II'II miirnl  NptiM  " 


I  "  idly.  We  •«  of  opinion,  that  ihi 
halh  hern  twice  adjuated  betwixt  both 
,  Tiz.  in  the  nae  <d  the  eari  of  Claren 
I  the  ciM  oftheearl  ot'Uatifajr. 
I  "  Ik-^iiten,w«iliilihiBkitreT7nnMfi 
I  a^reeahlpioiunire,  thatbeahouldbe 
I  and  execul-;  his  place  of  Laid  Chief 
;  irliilst  hn  lte:<  uader  the  charge  ot'  an  I 
:  mpui  of'  hi^i  ireaaon. 

"  f-iklty.  It  may  deter  the  witntB; 
llicy  Khnll  sec  him  in  luch  gtrM  pawer 
whimi  ibcvare  to  ai^use. 

"  Kcnt.'Salishii^,  STaedeafieM,  Hv. 
8haftsbury,  F.  Heihert,  iHoDraoiitl:-! 
I'.  WhaitDn,  Clare,  Bodfonl,  Ma 
Ituckiiiffham,  Stamford,  ContwaUiK, 
Howard,  Grpy.Paffet,  RiTcri,  Cccw« 
Ordered,  that  sir  William  Scroei 
JusliL-e  of  the  King's  Bench,  do  (in  tla 


ihX  I 


the  king,  of  10,000'.  with  two  sufiicien 
to  be  hound  U'ith  him  in  5,000^  a  piec 
condititm,  tliat  he  ahall  attoid  ujnui  tl 
from  lime  to  time,  till  he  be  diticharp 
lm|>oachment  brought  up  fnmi  the  H 
CommoiDi. 

Then  sir  William  Scioggi  naa  brougl 
bar ',  liul  afler  he  had  kneeled,  the  L«n 
ceilortoM  him,  "That  the  House  hidi 
Tliat  he  should  enter  into  a  recognii 
lO.OOU/.  wilhlwosuretimtobe  tMMiDd* 
in  b,OO0l.  a  piece,  to  attend  to  tliia  Hon 
tioH-  to  time,  until  he  w-ai  disrhaif;^  of 
IWM'binent."  ,*nd  asked  him,  "  Viit 
i-oiild  oftW  two  sureties  as  were  ( 
sonsT"  And  he  propounded  Ihecariof 
anil  :tlidd.  and  tf 


IP  propounded  1] 
.1  the  lord  HatU 


V  I.OI 


>  I,  1681. 


The  question  n-as  pinioumtTd,  "' 
thereshotlbe  now  an  addnss  to  the! 
Mispenil  sir  Williiuu  Scro;?^  from  ihee 
of  lis  plare,  until  his  trial  be  over?"  1 
I  ions  question  beius- put,  "  Whi-thertt 
limi  sbaUbeDOtTputJ"'  It  was  resulic 

''  Ihutatieutiiut, 
"  Keiit,  Salishiir\',  niaftibury,  Hun 
OatT,  Ritert,  £■•«.  tHtainthnl,  Mw 
dm.  MaiirbeaFr.  IlMbett,  Howard, 
Vtfin.  P.  nitHtim.  Cadifir,  Rock 
Ctew*."' 

Horf  E  OF  Conon,  Jaaiiory  8 
<  IMwte  in  the  Comntmt  on  Ae  Li 
{  cwwitnng  Ltud  Chief  Jiu&cBScnigp 
%  ll~i:^BB  J.Mo.  The  cta{c  agai 
I  tUcl'  jutOM  !^c»«s  I*  al  ooMnon-l 
\  «aiuK>-kw  hMh.  I  take  ii  lobe  treaM 
i  pnam.  anJ  &«  ic  asMhcr:  aniaftrioi 
]  JMijm  mc  a  ht^  riKc  who*  be  i 
njanw*.  aad  nanf*  the  law.  ia  Bi 


ilieooBiiiiitted."  How  it  came  to 
r  in  lord  Danby's  case,  and  not  in 
tX  a  stand.  I  would  not  have  any 
nith  the  Lords,  but  out  of  fear  of  that 
It  have  our. privileges  torn  from  us  ; 
li  Yos  delivered  in  that  conference  rc- 
rd  Danby,  so  pleasinsf  to  this  House, 
in  one  instance,  blemished  by  bailing' 
nd  in  another  by  not  Kuspending  him 
I  would  appoint  therefore  a  com- 
repare  the  matter,  that  by  Monday 
ou  mayJie  able  to  go  to  Conference 
ordsa&mtit. 

rof  Lee.  This  u  not  the  first  time  this 
18  be«n  in  this  House :  in  the  case  of 
don**  impeachment,  the  Lords  would 
t  bim  before  the  Articles  were  brouc^ht 
EiOrda  refused  it,  the  Commons  insist- 
and  the  consequence  was,  lord  Cla- 
away,  made  his  escape,  and  to  salve 
Lords  sent  down  a  bill  of  banish- 
the  case  of  lord  Danby,  the  Com- 
ip  articles  of  impeachment,  which 
>directlv  treason  within  the  statute, 
Mr,  and  afW  several  Conferences, 
It  was  found  oat ;  which  was  a  pro- 
rtlie  parfiament.     Now  the  Lords 
lat  one  parliament  will  correct  the 
lotber ;  and  fefl  us,  that  the  Com- 
pAa  great  point,  that  an  impeach- 
oontimie,  though  the  parliament  be 
or  diiaolved.    j&d  if  Hcroggs's  own 
•ke  him  not  withdraw,  3iey  have 
olatioB  that  he  must  be  continued 
of  the  Lords  differed  at  the  Confer- 
l  it,  as  yon  have  heard.)     Now  it 
lUs  parliament,  the  Lords  go  about 
■icRwthey  think  they  did  in  the 
sas  loth,  the  other  day,  to  oppose 
I  nsBiflr.  &c     But  consider  tnaL  if 


Commons  sent  .up  word  to  the  Lords,  '<  That 
they  were  not  bauable  but  by  their  consent." 
This  was  February  16,  1641. 

Sir  Fr.  Winninf^ton,  I  concur  with  Powle, 
"  That  the  management  of  this  business  in  the 
Lords  HuiLse  relatinjj;  to  Srroggs  looks   like 
an  industrious  disposition  to  break  us.*'  These 
prorecdings  to  me  are  wonderful.     I  woidd  not 
invade  the  rights  of  tlie  Lords  in  what  they  do- . 
They  are  now  in  tlieir  judicial  capacity  as  a 
court,  and  not  in  their  legislative,  and  so  wo 
may  search  the  record,  and  take  out.  copies. 
The  fact  has  ben  stated,  and  I  have  been  indus- 
trious to  enquire  into  the  reason.  It  is  wonder- 
ful to  all  I  speak  wuh.     It  is  said  **  Their  rea- 
sons are,  that  tliis  cnarge  is  not  treason  ivithia 
the  statute,  and  so  it  is  discretionary  with  them, 
and  they  may  alter  tlieir  order.*'     fiut  the  sta- 
tute is  out  of  their  case.     We  shall  show  them 
they  are  in  the  wrong,  as  well  as  in  Danby's 
case.     But  as  for  altering  their  order,  we  have 
as  great  right  in  the  process  and  management 
of  the  impeachment  as  in  the  justice   of  4t. 
Tlie  reason  is,  that  the  person  is  only  aninver- 
able  for  the  crimes,  ami  I  never  heard  that  tlie 
persons  that  are  to  judge  became  bail  for  the 

t>ei'son  to  be  tried.  >V e  are  like  to  have  admira- 
ble determinations.  Our  inheritance  is  right 
of  process  of  the  law,  as  well  as  in  the  ju(%- 
ment  of  the  law.  For  the  king  to  sequester 
him  from  his  place  they  would  not  address 
for  it,  but  leave  it  to  Scroggs's  modesty  whe- 
ther he  would  exercise  it,  or  no ;  but  the 
Lords  will  not  commit  him.  What  makes  me 
stand  up  is,  that  we  should  not  now  lusike  a 
doubt  of  what  iTas  always  no  doubt.  There- 
fore I  would  not  search  tor  precedents,  whetlier 
it  be  our  right  or  no,  but  to  strengthen  the  opi- 
nion of  the  world,  now  tlie  nation  is  upon  its 
hist  IcfTK.  that  we  mav'avoid  all  cause  of  diflTe- 


S 1 5]        STATE  TltlAlJ^,  St  Ch arlss  If.  i6B0>^Pr$eieAigi  i^ftSmi 


fkr  John  IVever.  I  lud  oecmsioii  to  look  upon 
the  preoedesi  of  50  Edw.  8,  and  it  appears 
upon  |be  rolls,  that  lord  Latimer  upon  the  im- 
]ieachn)^nt  of  the  Commons,  was  committed  to 
the  Marshahea,  and  he  wnn  bailed  by  five  bi- 
shops, thrpc  earls,  fifteen  barons,  aoA  thirteen 
Commons,  f  lere  appears  a  rif^t  in  the  Com- 
mons to  his  bailment,  because  the  thirteen 
Commons  became  his  bail  by  consent  of  the 
Hoase.  4  Rich.  2,  lord  Ferrers  was  bailed, 
hut  it  is  not  cei*tain  whether  the  Commons  bailed 
))im,  but  tlic  Commons  ahvays  had  a  part  in 
consenting  to  it.  But  tlicn^  is'a  difTerenoe  when 
toe  chnrg^  is  not  from  the  Commons.  In  kinp 
James's  time,  in  the  impeachment  against  lora 
Bacon  and  sir  John  Beimet,  4cc.  there  were 
never  any  articles  nufainst  them  from  the  Com- 
mons ;  hut  complaint  nas  made  at  aConference 
a'^ainst  thcin,  and  the  Lords  formed  the  arti- 
cles ;  but  wlicn  any  articles  bordered  upon  trea- 
ficin,  as  thess  ar^lnst  Scroggs  do,  toe  Lords 
liave  always  sequesUrefl  the  [>ersou. 

Ordered,  "  That  a  Committee  bo  appointed 
to  inspect  the  Journals  of  this  House,  and  of 
the  House  o£  Lords,  and  precedents  to  justify 
and  maintain,  That  the  Lords  om^t  to  commit 
persons  to  rafe  custody,  when  unpeached  for 
lii^h  treason  by  the  Commons  in  parliament." 

In  two  days  after  tlie  parliament  was  pro- 
rosued  to  January  SO,  and  soon  afler  was  dis- 
solved by  proclamation,  and  a  new  parliament 
was  summoned  to  meet  at  Oxfbrd  on  March  91. 

House  of  Lords,  March  124. 

The  Answer  of  sir  William  8croggs,  knight, 
was  read,  as  followeth : 

•*  The  ANS^VER  of  Sir  WM.  8CR0GGS,  knt. 
Chief  Justice  of  his  Majesty's  Court  of 
King's-bench,  to  the  Articles  of  Impeach- 
ment tixhibited  against  him,  by  the  Com- 
■ions  of  England  in  the  late  Parliament  as- 
sembled. 

**  Tlie  said  sir  William  Scroggs,  by  and 
under  protestation,  that  there  is  no  mamicr  of 
high  tri'iLSon,  nor  any  overt  act  of  Iiiffh  treason, 
pai-ticularly  alktlgcd  or  expresst^l  m  the  said 
Articles  of  Imjicachment,  to  which  the  said 
William  Htrroggs  can  or  is  Innmd  by  law  to 
make  any  Answer  unto ;  and  saving  to  him- 
self (and  which  he  prav<*th  may  be  saved  to 
him),  both  now  and  at  all  times  liereaflcr,  all 
and  all  manner  of  h  'netit  anil  a'.lv;uita<^^  of  ex- 
eejition  to  the  ini^n^Kriciicy  of  thf^  sam  Artit'les 
hi  poi!it  t)f  law,  as  wr-ll  for  that  there  is  no  oveil 
act  of  trenson  expi-CKstnl  then'in,  as  ihr  all  other 
the  dcfei-t<  herein  a|n»earing :  for  olea  thtTPto, 
he  s;ilth,  That  he  is  in  no  \yhnr  guilty  of  all  or 
any  the  crimes,  frflences,  or  misdemeanors,  of 
what  nature,  kind,  or  Quality  w>ever,  bj'  the 
said  Articles  of  Inipeacnment  charged  u;,>on 
hhn,  in  manner  and  f<trm  as  in  and  by  the  said 
Articles  is  supposed  ;  which  he  id  ready  to  aver 
and  prove,  as   tliis  honourable  House  shall 
i»«rat   and  humbly  mibmifieth  himself  and 
the  JMIioe  of  his  cause  to  this  most  honomble 


House  ;  and  prSTSth  to  W  dbohaiy 
prenuses,  and  to  be  hence  4ismi»seu, 
quitted  of  all  the  matters,  crinsa,  mil 
ors,  and offeaoes,  io  and  by  the  saidA 
Impeachment  charged  upon  hmk^  dec 

««WiLL.Scao 

After  this,  a  PtetitioD  of  sir  Wm. 
was  read. 


(( 


To  the  Right  Hononrahle  the  Lords 
and  Temnoral  in  this  present  Pi 
assemblea.  •  The  bumUe  Petitk 
William  Scrogffs,kiiiffht,  Lord  C 
tice  of  his  Miyesty's  Court  o 
Bench. 

**  Sheweth  ;  That  your  mtitioner, 
parliamentft  was  hupeached  before  3 
8hi])s,  by  the  House  of  Commons,  o 
Articles,  stiled  High  Treason,  and  oti 
crimes  and  misdemeanors.  To  which 
titioner  hath  now,  with  the  first  opr 
put  in  his  Answer  into  this  hononraDl 
Your  petitioner  humbly  prays,  that  y^ 
ships  n'ould  be  pleased  to  appoint  so 
day,  for  this  present  House  of  Con 
reply  ;  that  so  a  conrenient  day  ma 
pomted  for  the  hearing  of  the  cause,  t 
petitioner  may  no  longer  he  under  the 
of  the  word  high  treason.  And  yi 
tioner,  as  in  duty  bound,  shall  ever  un 

«•  Will.  Sea 

Ordtred,  That  the  copies  of  this  Ai 
Petition  shall  be  scut  to  the  House 
mens. 

But  the  parliament  being  soon  a 
rogued,  thisaflair  was  drop|)ed;  ho 
was  thought  proper  to  remove  Scro| 
being  C*h^  Justice ;  which  was  done 
the  marks  of  favour  and  respect,  beinj 
a  pension  for  life.  But  a  parliament 
sure  did  not  hinder  the  court  from  ( 
others,  who  had  been  censured  a  fittk 
as  may  appear  by  these  Votes  of  llie  1 
Conunons. 

October  29,  1680. 

Resolved,  «*  Hiat  sir  Francis  Wil 
promoting  and  presenting  to  his  km 
address,  expressing  an  abhorrence  to 
his  majesty  for  the  calling  and  Hitting 
liaments,  Katli  betrayed  the  undoubted 
the  subjects  of  England.'* 

Ordered,  "  That  sir  Francis  Withe 
nelled  this  House  for  tliis  high  crime  ; 
lie  receive  his  Sentence  at  the  bar  of  tb 

*  Mr.  Hatsell  (Kotos  to  4  Precede] 
144,  145,  156,  199,)  rehes  very  mi 
this  case  in  refutation  of  Blarkstone^i 
that  a  comnHnier  cannot  be  impcftchi 
the  Lords  for  an v  cajntal  offence.  As ' 
see  the  Case  of  Edward  Fitx-harris,  a 
infra. 

t  As  to  the  continuance  of  pariii 
impeadunents  notwithstanding  proreg 
die  Case  of  the  earl  of  Danby,  m/^-ii. 


Iirl    STIkTE  TRIALS.  32  Ch AELKS  II.  1  G^O.-^Lord  Chit/ Justice  Scr&ggi.    [ 1 1 8 

horn  Mr.  Speaker.*'*    (Which  *■  petitioning  for  the  sitting  of  this  parliament, 
Kdingly.)  nath  betrayed  the  rights  of  die  subject.'' 


U  iweived  arcortmgjy. 

Niwember  13,  1680. 

BosKred,  **  Thai  gu*  Geosige  Jefferies,t  Re- 
eorkrof  Loodon,  by  trailucing  and  obstructing 

'  *'The  merit  of  this  raised  him  soon  to  be 
tjs4^  ;  for,  indeed,  he  bad  no  other  merit." 
Jfaaet 

f  The  following  is  Roger  North's  account  of 
All  asatter :  *'  The  next  case,  that  came  on, 
was  that  of  air  Georee  Jeflferies,  the  Recorder 
tf  Loodoa,  which  had  as  poor  a  come-oif.  Our 
Eirtory  [Kemietl  here  tells  us  that  he  u-as  re- 
Bored  from  his  lleoordersliip  by  vote,  which 
tis not  so,  as  will  appear.  But  there  uas  a  trick 
d«  in  that  matter ;  for  the  party  hail  a  great 
nbd  to  gd  air  George  IVeby  m  to  be  Rc- 
Mder  of  London ;  for  he  was  a  tnisty  confident 
rfftctioD.     It  seems  that,  in  conrlusion,  Kir 
Gewge   Jefferiea  had  a  rei)riinand  upon  Iiis 
kaees  at  the  bar,  and  so  came  off  for  his  crime 
rfabbuniug ;  which  was  thought  a  fair  com- 
pssitiaii,  after  such  discourse  as  bad  been  of  im- 
feachin^  their  heads  off.     But  the  preliminary 
Mute  aui  mm,  was  that  he  should  snr- 
placc  of  Recorder,  to  which,  in  the 
,  he  agreed,  and  did  according!  v,  and  (as 
VH  oeDMrted)  Treby  succeeded   him.     But 
lUi  oAcnoe  of  his  was,  bv  the  order  of  tlie 
intimated  to  the  lord  mayor  and  alder- 
,  that  tfacnr  might  not  fi-ant'a  cause  to  re- 
upon  a  Maaoamus,  in  case  they  should 
npan  hacve  turned  him  out ;  for  it'  lie  hatl 
not  eonaplied,  but  stood  on  his  right,  he  must 
hcfehad  all  the  defences  the  law  allowed,  and 
■Ma have  argued  auch  a  matter,  returned,  not 
talc  a  ■rfkiient  cause  ;  and  the  judges  would 
IttfcdaaakimT^t.  This  consideration  made 
Ar  party  take  up  the  intimidating  process,  and 
gtm  fmmmkm  by  a  surrender  without  suit  in 
Mw.    7%t  great  difficulty,  that  ky  upon  the 
■piiilB  of  sir  Geoige  Jefferies,  was  to  come  off 
weB  vnA  the  king ;   lest  this  oomponnditig 
with  the  ikmunons  should  confonnd  him  at 
Court.    Therefore  he  begged  of  his  majesty 
that  he  would  girc  him  l^Te  to  surrender  his 
dbee ;  which  3ie  long  was  loth  to  do,  because 
k  was  of  aueh  an  over-ruling  genius,  and 
behariear  towards  men  whom  lie  prc- 
'  to  awe,  as  enabled  him  to  be  very  uiHu- 
iameog  the  dtisena,  and,  in  other  respects, 
eaoU  Bot  hj  so  well  employed.    He  beseeched, 
aaueated,  apd  importuned  the  king'  so  very 
mmhj  that,  at  last,  the  king  granted  hia  re- 
tuest;  ao,  havinig  his  BU^festy's  leave  to  resign, 
ka  took  his  chiding,  and  was,  as  he  tliou^it, 
ffcf «i  M  Curiu.    But  the  ever  foot^tious  king 
vaa  pleased  to  laugh  and  say  tliat  sir  Georg«*. 
'  '^  '     was  not  fMrtiament  |Nroof ;  and,  how- 
he  found  interest  in  corners  ulniut  tlie 
the  king  never  had  a  real  value  fur  htm 
*     Examen,  p.  550. 
Sir  John  Reresby  gives  us  tiie  following  par- 
iiaiAM  respecting 'Jefleries  : 
«« The  nest  day  IhappoMdtediatwhh  air 

3 


Ordered,  *<  That  an  humble  address  be  made 
to  his  majesty,  to  remove  sir  George  Jefieries 
out  of  all  public  office's." 

James  Smith,  the  lord  m&^'or  of  London,  whom 
I  had  tbrincTly  knoTin  mtiinately  well,  and 
who  was  of  a  very  loyal  club  in  the  city,  where 
I  use<ltogo,  wfiile'the  fanatic  Plot  was  in 
agitation.  This  gentleman  eoniplained  to  me, 
that  he  enjoyed  no  more  than  the  hare  title  of 
lord  mayor,  the  loi-d  chief  justice  Jefferies 
usurping  the  |K>wrr  ;  that  the  city  hafl  no  sort 
of  it)tf.Tcoui  :$e  with  the  king,  but  by  the  inter- 
vciiiion  (d*  that  lord  ;  that  wliatever  was  wc^il 
done  in  the  city,  was  attributed  to  his  inlluence 
and  niauageinVnt ;  and  that  himself  and  the 
aldermen  were  by  the  Court  looked  upon  no 
better  tlian  his  tools  :  that  upon  all  occasions 
his  lordship  was  so  forgetful  of  die  higli  dignity 
of  the  city  as  to  use  liim  and  his  brethren  with 
contempt ;  iii  fine,  that  the  loni  chief  justice 
was  to  l)e  pitied  ;  that  his  liaughtincss  would 
be  the  ruin  of  him  ;  and  that  he  actually  in- 
tended to  let  the  king  into  the  m^-stcr}*  ol' these 
tilings;  buttliat  he  thought  the  present  time 
was  ntit  altogether  so  proper,  seeing  a  remon- 
strance of  this  tendency  might  be  construed 
into  mutiny  and  disaffection.  I  answered,  that 
tlie  king  was  too  well  acquainted  with  the  lord 
itinyor's  seiTices  and  integrity  to  sus^kx^  him 
of  that,  and  that,  in  my  opinion,  now  was  the 
fittest  time  for  exposing  a  man  ui  that  credit  at 
court ;  for  that  now  the  greatest  notice  wouh I 
be  takeu  of  aU  siicdi  grievances.  Indeed  1  was 
sorry  at  my  hcait  to  see  such  good  men  dissa- 
tisfied in  any  degree  ;  but  I  was  as  glad  to  find 
this  proud  man  seen  tiinmgh  ;  for  he  had  to 
my  knowledge  used  the  city  of  York  as  scur- 
vify  as  it  was  iHWsible  tor  him  to  use  the 
city  of  liondon.  r  or  at  York  he  put  out  fire 
alHcrmcu  though  he  had  soleiuuly  engaged  to 
keep  them  in,  and  that,  uitiioat  so  much  as 
allowing  them  to  be  heard  as  to  the  crimes  they 
stood  accused  of.  llie  lord  mayor  said  the 
very  8ain<;  had  been  frequently* practised  in 
London,  and  that  many  had  been  turned  out  of 
their  employ  monts  withom  so  much  as  being 
suffered  to  make  their  defence.  In  short,  I 
was  at  the  very  same  time  told  by  one  of  Ae 
lieutenancy  of  the  city,  that  bhould  the  duke 
of  Monmouth  give  a  lilow  to  the  king's  forces, 
it  was  much  to  be  feuri-d  there  would  be  an  in- 
surrection in  Ix)ndon." 

^*  A  tew  days  uiierward,  I  dined  with  the 
lord  Clian<!el|(»r,  when;  the  lord  mayor  of  Lon^ 
don  was  a  guest,  and  (»onic  other  gentlemen. 
His  lordship  huriiig,  according  to  custom, 
drank  deep  at  dinner,  called  for  one  Mount- 
fort,  a  gentleman  of  his,  %v-ho  hod  boon  a  co- 
median, an  ex-crl1f  nt  mimic  ;  and  to  tlivcrt  the 
conip'.uiy,  as  he  was  pleaded  to  term  it,  he  made 
him  plead  before  him  in  a  feigned  cause,  during 
whicli  he  aped  all  the  gri^t  lawyers  of  the  age, 
in  their  tone  of  voiee,  and  ia  toeir  action  and 


f  19]         STATE  TRIALS,  32  CuARtES  ll.iGBO.'^PrdeefidiMga  egmuui 


Sheridan,  whose  discharge  by  baron  Weston 
f^re  offence  to  the  House  of  Commons,  appears 
to  have  been  for  breach  of  priFilege,  continued 
in  custody  to  which  he  had  been  previously  com- 
mitted, but  for  what  offence  does  not  distinctly 
appear. 

The  House  of  Commons  on  December  9th, 
1680,  ordered   that  he   should  be  forthwith 
brought  in  the  custody  of  the  Serjeant  at  Arms 
to  the  bar  of  the  House.  This  was  accordingly 
done,  and  he  was  examined  concerning  Dow- 
dd,  the  priest,  Sec,  Afler  which  it  was  ordered, 
that  he  should  continue  in  custody  of  the  Ser- 
jeant at  Arms  during  the  pleasure  of  the  House. 
On  the  next  day,  Friday,  the  10th,  a  report 
was  made  upon  his  papers  and  he  was  again 
examined.    On  Wednesday,  the  I5th,  he  was 
at  his  own  desire  again  admitted  to  the  House 
and  examined. 

On  Thursday  December  30th,  1680,  and 
Ifae  next  day,  the  following  debates  took  place 
i>ft  his  habeas  corpus  : 

On  Mr.  Sheridan's  Habeas  Corpus. 

Mr.  Btttcawcn,  Mr.  Sheridan  stands  com- 
mitted, as  a  judgment  of  the  House,  for 
breach  of  privilege.  It  seems  to  me,  that 
bis  commitment  does  run  on  the  hinge  of 
an  act  of  court  in  a  criminal  cause,  which 
we  may  suppose  in  execution,  where  a  Ha- 
baes  Corpus  does  not  lie,  and  he  is  not  bail- 
aUe,  and  they  will  not  discbarge  him  in  a 
court  of  criimual  causes.  I  tliink  his  com- 
mitment stands  good,  and  you  are  to  consider 
theprivilege  of  the  House  of  Commons. 

The  Speaker,  Give  me  leave  to  ^  state  the 
matter.  The  thing,  in  fact,  Ftunds  thus.  She- 
ridan and  Day  ^vere  committed  by  your  order 
the  ninth  of  December ;  they  were  brought  to 
the  bar  the  same  day,  and  oniered  to  continue 
in  custody  during  the  pleasure  of  the  House, 
and  no  person  to  be  aamitted  to  come  to  him 
unless  it  were  with  necessaries.  Then  that 
order  was  mitigated,  aiid\'ou  ordered  him  to 
be  taken  into  custody.    Then  you  ordered  a 


gesture  of  body,  to  the  very  great  ridicule  not 
only  of  the  lawyers,  but  oi'thc  law  itself,  which, 
to  me,  did  not  seem  altogetlier  so  prudent  in  a 
man  of  his  lolly  station  in  the  law  ;  diverting 
it  certainly  was,  but  prudent  in  the  Lord  High 
Chancellor,  I  shall  never  think  it.'*  *<  To  resume 
the  Lord  Chancellor  once  again,  he  had  now 
like  to  have  died  of  a  fit  of  the  stone,  which  he 
virtuously  brought  upon  himself  by  a  furious 
debauch  of  wine,  at  Mr.  alderman  Duncomb*s  ; 
where  be,  the  Lord  Treasurer,  and  others  drank 
tbcmsclvcs  into  that  height  of  frenzy,  tliat, 
among  friends,  it  was  whispered  they  had 
stripped  into  their  shirts,  and  that,  had  not  an 
ftccioent  pre>  ented  them,  they  had  got  up  on  a 
sign  post,  to  drink  the  king  s  health  ;  which 
was  tne  subject  of  much  (ferision,  to  say  no 
worse." 

Seemore  concerning  him  in  this  Collection 
hi  tboae  Trials  in  which  he  presided  when  Chief 


cominittee  to  ezaniine  him  aiid  Wilaoa. 
act  directs,  *^  That  the  judges,  widdn  i 
time,  grant  a  Habeas  Corpus,  when  6 
and  they  are  required  to  bail  where  d 
gives  that  Uberty."  Now  the  questk 
whether  a  Habeas  Corpus  ties  in  case  of 

!rour  commitments,  tne  parliament  sil 
And  he  reads  the  Act.)  In  the  Act  fa 
qothing  relates  to .  parliament-oonmiti 
The  '«  Head-Court"  IS  the  KmgVBeod 
this  seems  not  to  relate  to  the  pariiament 
is  a  commitment  of  parliament,  and  if  i 
juf  Iges  cannot  grant  a  Habeas  Corpus. 

Serjeant  Majfnard,  You  are  going  u 
sudden  to  give  an  opinion  in  a  thin 
tlioughtof  before.  As  I  take  it,  his  H 
Corpus  is  granted  :  now  what  is  to  be  di 
this  case  ?  J  desire  not  to  be  concluded  ii 
thing  I  shall  now  say,  but  I  will  tell  yoi 
apprehension ;  where  shall  he  go  to  be  t 
but  to  this  House  ?  Your  remedy  for  brei 
your  privilege  is  conunitment,  and  no  i 
can  be  brought  against  either  the  Lor 
Commons.  When  lyou  commit  a  man,  y 
not  always  express  the  cause  ;  if  the  jt 
bail  him,  he  is  gone,  and  there  is  an  a 
him.  I  would  have  this  matter  let  alo» 
to-morrow. 

Serjeant  5/rifiger.  Thisb  a  matter  of  i 
concern.  I  would  consider  whether  a  j 
can  deny  a  Habeas  Corpus.  By  the  act, 
jailor  is  to  pay  the  poialty  of  500/.  upon 
davit  '« That  he  is  refused  the  copy  ol 
commitment."— So  far  a  judge  may  safd] 
But  the  great  pouit  is,  whether  the  judge 
discharge  him.  If  so,  farewell  all  the  p 
leges  of  the  Commons !  When  the  m 
comes  to  a  Habeas  Corpus,  the  judges  ma 
informed  how  he  stands  committed.  ] 
said,  <'  That  this  Sheridan  is  a  second  ( 
man,"  and,  if  so,  let  him  be  hanged  as  he 
I  would  take  time  to  consider  this,  and  I 
lieve  the  opinion  of  this  House  will  go  a  a 
way  witli  the  judges. 

.  Sir  IViliiam  Jonet,  This  matter  is  of  g 
concernment ;  it  concerns  the  privilege 
both  Houses,  and  next,  the  Uberty  of  the  ! 
ject ;  and  1  would  not  have  you  do  any  tl 
in  it  hastily  ;  but  to  appouit  a  coninutte 
consider  it,  will  seem  to  make  the  thing 
difficult ;  but  yet  you  are  not  ready  to  com 
a  resolution  now.  I  must  deny  ^'  that 
judge  must  grant  a  Habeas  Corpus  to 
man."  This  is  not  a  case  at  common-] 
but  you  see  that  sometimes  in  di^rction 
merly  they  required  a  copy  of  the  oomi 
ment  But  by  this  act,  the  judges  gran 
Habeas  Corpus  upon  a  copy  of  tne  conu 
ment.  In  this  case,  the  judge  is  in  no  dan 
upon  refusing  the  Habeas  Corpus.  The  i 
jeantsays  ^^  Sheridan  sent  to  him.  for  a  o 
of  his  commitment,"  and  the  seijeant  has 
granted  it  to  him  ;  so  the  Habeas  Corpus  is 
yet  granted.  If  you  please,  I  wouki  not  com 
thisj  but  adjourn  the  consideration  of  it. '. 

8ur  FrancU  Winninf^ion,  All  I  move  fm 
thisy  «'  That  no  memorial  nor  entry  be  m 


STATE  TRIALS,  32  Ch  arleb  II.  168O.— iLorrf  Chief  Justice  Scroggi.    [224 


TOW boolct for  the  present;"  bat  upon 
'liole  fmne  of  the  act,  1  sec  no  Hal>eas 
M  lies  upon  m  comnntment  of  parliament, 
j.  Maynard,  I  am  clearly  (>f  opinion  that 
( a  cmiiNO  Oiit  of  the  statute  of  Habeas 
u.  That  law  was  nerer  intended  otber- 
han  for  commitment  from  inferior  courts, 
ot  pwliametit.  All  bail  is  in  order  to  trial ; 

an  act  of  parliament  says  "  A  lower 
,"  it  never  intends  a  hither.  A  commit- 
is  not  only  a  judgment  of  this  House,  but 
ecotion :  and  though  the  statute  does  not 
iflo  the  pariiamcnt,  other  courts  shall  not 
; it  in  judgment  and  execution .  There  can 
I  tiki  of  <Hie  committed  from  this  House, 
I  this  place,  and  this  act  is  not  intended  for 
■Imenta  from  hence. 

Frmmcii  Winnin^lon,  It  is  plain  the  par- 
■t  b  not  to  be  mc]ude<l  by  this  act ;  for 
wliament  was  informeil,  that  there  was  a 
sfC^orptis  to  remore  a  man  from  the 
!r,  and  they  sent  him  to  Jersey  w  Gucm- 
Sa  it  plainly  shows  that  it  was  for  the 
ia^  erilfiof  removins^  men  out  of  the  reach 
alwaa  Corpus,  that  this  bill  was  formerly 
[^  in ;  and  that  it  was  never  intended 
■t  oommitnients  of  the  House  of  Com - 
I.  A  man  is  committed  here  in  execution, 
i  was  never  intended  that  injustice  should 
nvra  this  House.  As  Mr.  Slieridan  has 
Md  himiielf  of  bringing  this,  I  could  m  ish 
anld  of  his  other  crimes  also. 
r  nfiMoi  Lee,  Consider  the  advantage  of 
B^thb  qnestion,  movetf  fn»m  the  Imr  by 
a,  vis.  **'  That  no  Habeas  Corpus  does  lie 
If  Aesittinir  of  tliis  Honse.'*  This  court 
■fcrior  Gonrt,  and  no  inferior  jurJs<liction. 
tiitaetf  why  yon  should  make  any  vote  in 
OK.  The  judge  has  the  law  before  him, 
yiv  rote  cannot  aher  it.  You  may  be  prc- 
nibf  fiubjectingvour  vote  to  the  interpre- 
M  mm  flcmnning  or  the  judges, 
r  WilUmm  PuUeney.  In  this  case,  a  vote  is 
■ary,  else  the  judges  will  not  know  what 
aqght  to  do,  and  what  not.  You  have 
L  ^  That  the  judges  cannot  grant  a  H^- 
Carpoa  against  tlie  common  nrivileges  of 
Bonac."  I  woukl  have  the  juuges  take  no- 
ti  it,  and  therefore  I  am  for  a  vote.  I  do 
that  this  House  has  |)ower  to  commit 
K  of  breach  of  privilege,  and  I  would 
it  in  the  vote. 
r.  Ptftt/  FoUy.  I  have  looked  over  the  act, 
m  of  opinion  that  a  Habeas  Corpus  does 
baa  this  case,  and  may  be  refused  in  case 
ba  tequired  by  this  act.  A  Halieas 
never  granted  upon  a  commitment 
fomMTly;  no  precedent  can  be 
mti  it.'  Yon  commit  for  contempt,  and  it 
|flt  is  anch  case*  where  the  party  is  baila- 
*  *^  ima  pot  a  question,  1  would  be  loth  to 

(which  'is  our  only  power) 

in  commitments  upon  impeach- 

we  have  power  to  send  for  all 


Thb  case  b  particular  as  to 
|te»aBd  b  9ul  tf  tht  powtr  of  tb« 


act  of  Habeas  Corpus  ;  and  why  will  you 
make  any  question  upon  it,  upon  general  com« 
mitments  of  tlie  House. 

On  the  latter  of  the  abovcraeniioued  day8| 
his  case  was  thus  spoken  ol*: 

Serjeant  Meynard  supposed  Sheridan  should 
bring  an  action  against  tbe  judge,  if  your  com- 
mitment be  for  breach  of  privUege,  no  inferior 
court  will  iudge  of  it;  but  if  the  commitment 
be  not  tor  bivaeh  of  privilege,  you  may  mend  it. 

Mr.  UarborU,  I  appeid  to  you,  it^erer  you 
discharge  a  man  that  does  not  acknowledge  the 
jinisdiction  of  the  House,  and  acknowledge  his 
fault  ?  Till  he  has  done  so,  let  him  remain  in 
custody. 

The  Speaker,  If  you  should  do  as  Maynard 
moves,  your  order  for  breach  of  privilege  jiB^ 
as  if  after  commitment  they  should  mend  the 
reconi  in  W€*strninster-hall.  Sheridan  was  in 
custody  before  tlie  paper  that  reflected  upon 
your  members,  and  broke  your  privileges,  was 
round.  So  the  first  order  for  commitment  was 
upon  anotlier  occasion. 

Mr.  Paul  Foley.  Though  Sheridan  was  sent 
for  in  custody  to  the  bar,  yet  the  continuation 
of  him  in  custody  was  for  breach  of  privilege. 

Sir  nomas  Lee,  I  would  have  it  considered 
how  you  win  mend  a  commitment  afterwards  ; 
if  he  has  a  copy  of  his  commitment,  general, 
and  now  comes  an  amendment  of  the  commit- 
ment, for  breach  of  privilege,  a  month  after  t 
The  general  debate  ran,  **  That  he  held  a  dan- 
gerous correspondence  with  the  duke  of  Yorir, 
and  was  a  second  Coleman.''  Gentlemen  wera 
sent  to  search  his  papers,  and  found  a  paper  in 
his  closet  not  printed  nor  published.  JPray  let 
the  thing  stand  upon  its  own  foundation,  with- 
out niemling  it. 

Sir  ¥r.  Winnington.  The  famous  case  of 
lord  Shaftsbury,  when  upon  a  commitment  by 
the  Lords  he  was  brought  by  Habeas  Corpus 
to  the  King's-bcnch  bar,  there  was  no  return 
made,  and  he  i^-as  discliarged  udente  Farlio' 
mento.  If  a  rule  of  court  he  ill-entered,  I  ap- 
peal to  you,  if  it  be  not  mended  every  day  m 
an  inferior  court  ? 

Mr.  Fowle,  Whoever,  in  thb  place,  speaks 
for  limitimr  your  power  is  not  so  favourably 
heard,  as  he  that  speaks  to  enlarge  it.  *  State 
*  super  vias  antiquas.*  I  am  Afraid  we  ara 
about  removing  the  ancient  land-marks,  which 
may  return  to  their  old  bounds  again.  Your 
power  is  part  of  the  judicial,  and  part  of  tha 
legislative  authority,  audit  is  but  part  only. 
Anciently  the  judicial  power  of  parliament  was 
exercisea  by  King,  Lords,  and  Commons ;  but 
for  some  ages  past,  we,  and  the  Lords,  by  tacit 
consent,  have  had  a  separate  jurisdiction  in 
that  point,  and  they  punish  for  their  breachea 
of  privilege,  and  we  fervours.  Thb  case  of 
Sheridan,  I  confess,  goes  beyond  jronr  ancient 
privilege ;  they  took  no  jurisdiction  upon  them- 
selves, but  either  did  send  to  the  Lords  if  the 
thing  desen'ed  an  impeachment,  or  dismissed 
it  to  the  law  in  the  lower  courts  at  West- 
uuniter,   I  do  U9i  take  the  words  ia  tha  papar 


993].         STATE  ntlALS,  33  CBAtLisII.l6SI'-A«HiJI(|r^grtMl.        fOt 

fcanl  in  Shnidau's  study,  to  be  >  brtsnA  tit 
pnviltm  amuKt  yoor  memben,  bo  bnring  not 

gildiabed  Uie  paper.    Here  is  nutfaer  actual 
KM  igiiiHt  vour  uanbcn,  nor  Buh*  of  bw. 
ff  the  eouna  (elmr '- —    


r  cumot  reform  your  a. .., 
it  b  fit  jmi  sbonld  do  it  vuuneh-ea.  If  this 
■n  be  Mt  ID  cuitndy  fnroreadi  of  privilege, 
I  maU  rdcue  bim,  ud  M  tiut  are  as  oom* 
■imd,  Hd  rrfbnn  your  own  error. 

Oh  lUdw  Jwuuy  the  Ttb;  166),  tfae 
Bowe  WM  mforond,  dxttawnt  of  tUbeu 
Cwp^  had  been  Greeted  lo  the  Serjeant  of  the 
Home,  to  brio?  lite  bodt  of  Ur.  Ifteridan  to 
]ttr.  Jnitice  Raymond  ■  booie  in  ChBocery 

BIr.  Awrsaien.  Tfae  judge  might  not  hare 
fpMeMfbruhehBBdnne.  It  may  be,  the  Ser- 
jautthadather  priaDnera,  and  your  commit- 
mat  of  Bberidan  ii  not  for  bmcb  of  pTiTil«^. 
HeiaaSn^eaMalAniuithoiwb  heBllciid3i« 
Houh;  aottdoaaaotapjiearbtRthattheSer- 
Jaaat  ta^  bne  Bberidan  m  cunody  upon  ano- 
Atr  wanaat.  I  irotdd  be  careful'to  preaene 
die^rrilegQaf  IheHouieOD  the  one  hand,  a5d 
"        ~  loAeother.    I  woold  hft?e 

e  anaceounl, "  That 
y,  but  that  be  fcnotrc 
■et  that  he  haa  fahn  kgally,  Ike." 


Um  HabMa  CaqniB  OD  Ae  oth 
Ae  Be^eantsire  the  jadse  m 
be  h>i  Sheridan  in  eustody,  1 


Sir  IhmM  Ow^i.  Lord  ^atbdHir*  •«. 
mDutled  by  parijuoent,  and  Ukik  oui  bu  Ha- 
MaConna,  botAejudgeai  had  the  diMteiioa 
ronaiHl  kimi  and  a  Habeas  Corp  iit  dnot 
m,  f^ny,  or  in  execution  ud 
ttc      CoBimilmeMs  of  ^ 


aporiaedafittlheSeQMntuHi}  carr^  tShundaa 
tothejnlg«wMilbeaHiM<CbiB  Cfliiiminnagt. 
Sir  fVaadi  WiuuMgim,  I  take  this  businoi 
tobeworth  yoor  eonidaatHu.  Tke  a^tL 
lord  ShafUniry  la  not  Ah  «aae.  Ttte  mtt 
HafceaaCaqiMwiamdeginGe  that  time.  Oa 
iheothv  hand  it  was  rsreh-  Ibund,  that  ap«- 
I  (an,  ownwitMd  by  either  Uoiue,  has  b««n  atat. 
fbrlytliejudgn.  As  1  would  ditjusiit-etote 
Mabject,  so  I  would  not,  oul  of  MnipIiiuuU,  « 
up  yoMr  privikg^e.  I  wnutd  adjourn  lhi«  ' 
till-ta  BMRvw,  and  go  upon  llut  Linunes: 
day.  I  apeak  not  lor  an  order,  but  h 
Acre  is  a  penalty  in  the  statute,  I  w<iulil  con. 
aider  of  it  tor  the  Seoeaul'a  sake. 

Oi«y  aaya  it  was  a^fouraed  to  the  nrJtl  dty, 
but  he  does  not  make  mention  of  an*  fiiriliaF 
debate  concemiog  it  during  the  cniitinu.iDCw  «f 
that  naiKaniant,  which  was  shortly  aAo-wudi 
diMifred. 


d.£ue 


277.  Proceedings  in  Parliament  against  Edward  Fitzharris,  upon 
an  Impeachment  for  High  Treason :  3S  Chabi,£s  II.  a.  & 
1681.     [Journals  of    both  Houses.     8  Grey's  Debates,  9&S> 

4  Cobb.  Pari.  Hist  1314.] 


HoD9G  OF  CouMONs,  Marrk  U,  1681. 
Sir  GeoTE^  Trcby  aoouaiDtii  the  Hon«e,  That 
he,  together  with  sir  Roucrt  ClaytoD,  htut  takm 
the  ExanuDation  of  Edward  Pitzharna,  relnting 


!flte  Examination  of  Edward  FrrSHUiui, 
lating  to  the  Popiah  Pbt. 
Who  suth,  Thuthe  wBsbom  In  Ireland,  and 
is  the  SOD  of  ^i  E  Jnard  Fitzharris ;  and  thai  he 
was  bred,  and  is,  a  Roman  Catholic  ;  Tlint.  in 
J669,  he  went  first  out  of  Ireland  ;  and  then 
went  into  France,  to  learn  the  hngHBg-e,  as  an 
accomplishment,  being  ttttn  of  the  b^  of  14 

£3an.  In  ISbS  he  returned  tlience,  tlirotu'h 
^  Dgland,  into  Ireland ;  wh»e  he  contiiiDedtill 
tbmii  16C8,  when  )i*  went  to  Prague,  in  order 
toactretbe  emperor  in  hts  war  in  Hungary; 
hut,  there  then  finding  a  peace  cnncluded,  he 
caaie,  by  the  way  of  F&nders,  into  England. 

AadiLea  sb  Georee  Hamilton  bring  about 
JjWi^  a  regiment  of  1,500  tbot  in  liebnd,  for 
«W  French  kine's  service,  thi^  eiaminant  ob- 
^wadftomairGeorgeHauinton  a  commission 
.tt  l>e  caiKaip  oTone  of  the  companies  in  that  re- 
InMntobetaiMdi   wbeteupoa  he  went  ioto 


Ireland,  raised  ttie  company,  and  conducfed 
them  into  Fhuicc :  and ,  soon  atW  his  landing 
thrrc',  he  was  l-eformed,  oiid  iluM-hnrtTud  of  bM 
said  L-ommand :  wlicteupon  lie  wuii  lo  Paris } 
aii<l,  having  but  little  money,  he  lived  thci*  Ht- 
ficuldy  uIkiliI  a  year. 

In  107!,  gomg  ubont  tolakehia  kai«  tf 
Father  Oou^,  an  English  Priest  at  n^  |w 
saithtotfais purpose:  "YonaregoinglbrfiiR 
land  ;  wilbin  thnetwoor  three  yean  youwl 
see  the  catholic  religion  estabtisbMl  tjterp,  asK 
isinPmuce."  Theexaraioant  asking iiim  bow 
that  could  be,  sim«  the  king  was  a  pretei ' 
he  answered;  "  If  the  kine  woidd  not  a 
there  »  B4  orders  taken,  and  thinga  so  lad,  4#i 
lieshonIdbetakenolf,orldUed:  IhatAaJ^B 
vf  York  was  a  catholic;  and,  in  hia  nln,  vHk) 
wonhj  be  no  dilficul^  of  d<ri^  it."  Tkafta^'^ 
minantthen  asking  him,  bow  long  the  diAe 
had  been  a  cathoUc ;  he  aoawemd,  '■  That  (itt 
tiaecn  mother  had  made  him  so."  He  fuithcr 
said,  "  lliBt  the  declaration  of  iudulg«tea  MS  i 
in  order  to  that,  and  of  intmdudng  tlw  vdUft  ■ 
reli^on  in  England :  and  that,  lotlieaaaaaMi 
t&e  war  was  made  againat  HoHaad :  |br4M 
Holland  was  a  nest  of  beretict ;  Md,  tf  *if 
were  dmtroyed,  the  work  wordd  be  eaaSv  AM 
in  England ;  because  the  Eiq;liafa,  «r  Bm^  < 
Pratestants,  he  said,  wonld  then  bava  no  Msi^ 


tmce  ftuB  •broad:"    And   be  aaid,   ' 


STATE  TRIALS,  33  Chahles  II.  \6si.^Edtcard  Fitzharris. 


[226 


came  Q?er  to  Dover  about  this  de- 

camiiianl,  comii^  oyer  about  the  end 
r  1672  ahout  Fcbruar}'  following,  had 
skm  to  be  lieuteuant  of  captain  Sy- 
ooin|Muiy,  in  the  duke  oi'  Albemarle's 

which  waa  then  raisei],  being  one  of 
tents  in  tlie  army,  which  was  the 
following'  mustered  at  Blackheath: 
^,  He  knew  many  of  the  lieutenant- 
uaiors,  captains,  and  officers  of  that 
e  Romau  Catholics, 
terwards,  the  act  passing  to  disable 
ilholics  to  bear  office,  he  and  others 
rere  forced  to  quit  their  commands  : 

That  the  common  intelligence  and 
nong  them  was,  That  that  army  was 
h  a  design  to  brin"^  hi  and  settle  the 
atholic  religion  in  £nglan<l ;  for  which 
ivasion  of  Holland,  and  the  awing  of 
(f  London,  were  fit  means. 
^  measures  tliat  were  thus  taken  being 
V  means  of  the  peace,  and  by  the 
V«>rk*s,  as  weU  as  these,  and  oiher 
inittiog  all  commands ;  and  the  king 
the  expectations  they  had  from  him ; 
in  Catholics,  that  were  engaged  in  this 
?ame  to  a  resolution  to  destroy  the 
'ather  Pkrrcy,  confessor  to  Don  Fran- 
lelo,  the  Portuguese  ambassador,  told 
linantin  1673  ;  and  if  all  other  means 
!  queen  would  procure  the  doing  of  it. 

says,  That  this  Father  used  tlus  con- 
Mranls  him,  because  he  was  well  ac- 
irith  him,  and  used  to  confess  to  him ; 
'athrr  re(ieated  the  same  discourse  to 
e  summer  1678,  with  more  assurance ; 
Rn,  *'  That  the  business  was  now  near, 
laaU  soon  see  it  done." 

iptil  1679,  Blarquis  Montecuculy, 
n  the  duke  of  Moilena,  after  having 
a  to  secrecy,  tokl  him,  that  if  he  would 
e  tlie  killing  the  king,  either  in  his  ohh 
r  hy  any  other,  that  he  should  have 
which  ne  refusing,  the  Marquis  said, 
wiB  not,  tlie  duchess  of  Mazareenc 
ids  poiaonintf'  as  well  as  her  sister  ;  and 
~y  when  toe  king  comes  there,  will 


if  Ezaminant  had  a  great  acquaint - 
>  die  nid  Marquis,  having  first  met 
vbI  times  at  the  duchess  of  York's 
and  aftrrwards  let  him  a  house,  and 
the  ftimiture  therein;  and  has  very 
a,  drank,  and  walked  with  him  :  and 
ps  at  the  same  time  told  him.  That, 
H  the  king,  the  army  in  Flanders, 
I  HBBoent  to  France,  was  to  come  over 
Ind  to  dertroy  the  l^tjtcstant  party  ; 
» levving  in  Italy,  to  recruit 
in  the  place  ot  tliose  that 
over  into  England : 
that  time,  Siere  should  be  uo 
m  England:  and  tliat  the 
was  privy  to  all  these  designs. 

!  U  Ae  «id  rf  FiUhirris's  Trial. 


That,  about  April  1680  he  met  Kelly  the 
Priest ;  who  there,  in  discourse  with  him,  owned, 
That  he  was  one  of  the  persons  concerned  in  the 
murder  of  sir  Edmundbury  Godfrey;  and  that 
the  same  was  done  much  in  the  manner  as 
Prance*  had  related  it. 

lliis  Examinant  hath  known  Kelly  about  12 
years ;  in  part  of  which  time  he  has  had  inti« 
mate  conversation  with  him,  and  hath  some-^ 
times  confessed  to  him. 

That  he  hatli  been  acquainted  6  or  7  years 
with  M.  De  Puy,  a  servant  to  the  duko  of 
York:  and  that,  soon  after  the  murder  of  sir 
Edmundbur\  Godfrey,  this  Do  Puy  told  this 
Exaniinant^That  thai  murder  was  consiUted  at 
Windsor. 

And,  about  the  same  time,  said.  That  tha 
duke  was  vi'ir  desirous  to  come  to  the  crown  $ 
tor  that  the  king  was  imcoiiain,  and  did  not 
kee[)  touch  with  them  :  and  that  De  Puy  said, 
there  was  a  necessity  of  taking  off  the  king  \ 
and  that  it  would  be  soon  done. 

That  the  duke  of  York  having  an  estate  ia 
Ireland,  a  part  of  which  was  this  Examinant's 
father's ;  and  this  Examinant,  bein^  acquainted 
with  Father  BedingHeld,  asked  lum,  now  he 
could  give  absolution  to  tlie  duke,  till  he  had 
made  restitution.  The  Father  said,  **  That 
every  penitent  was  supposed  to  know  his  own 
sins,  and  to  make  them  known  to  his  confess- 
or," To  which  this  Examinant  replying,  with 
some  warmth,  **  But,  since  you  know  it,  you 
ought  to  take  notice  thereof;"  the  Father 
answered,  "  J'e  not  angry ;  for,  ere  it  be  long 
you  may  be  in  a  better  condition.'* 

March  1680,  he  went  to  Paris,  to  compound 
a  debt  he  owed  there,  staying  tliere  about  eight 
days :  Where  meeting  *FaUier  Patrick,  who 
well  knew  this  Examinant*s  father  and  friends, 
and  this  Examinant  talking  of  a  rupture  that 
might  be  between  England  and  France;  he 
said,  **  The  French  intended  in  such  c»se,  to 
send  Marshal  Belfonds  into  Ireland  with  an 
army  of  10,000  foot,  and  ^,000  horse,  with 
arms  and  ammunition  for  30,000  men  more,  to 
be  raised  in  Ireland  :"  and  the  Father  promised 
this  Examinant  a  regiment  of  the  men  so  to 
be  raised  and  armed  in  Ireland  :  and  the  design 
was,  to  restore  that  kingilom  to  its  former 
owners,  subject  to  the  French. 

He  also  desired  him  to  send  him  all  the  libels 
that  came  out  in  London :  and  said,  **  That 
libelling  the  king,  and  the  government,  was  a 
thing  necessary  to  be  done,  m  order  to  distaste 
the  king,  and  make  him  afraid  and  jealous  of 
hispeoplc." 

That  he  knew  Mr.  Everard  at  Paris  in  1665  ; 
and  hath  siince  continueil  and  increased  his  ac« 
ouaintance  with  him  ;  that  the  opinion  of  Fa- 
ttier Patrick  was  an  encouragement  to  him  to 
correspond  and  concur  with  Air.  Everard,  at 
to  the  libel  lately  written  by  Mr.  Everard. 
Capt*  10  Martii,  1681,  coram  Rob.  Clayton^ 
Geo.  Treby. 

*  As  to  this  man,  see  vol,  7,  pp.  157,  VV8,  of 
this  Collection. 

Q 


K7]         STATE  TRIALS,  33  Charles  II.  iSsi.^ProceedipgM  against 
As  soon  as  the  ExamiDation  was  read, 


[i28 


Sir  John  Hat  lop  moved  that  it  might  be  print- 
ed, to  shew  the  \^'orld  the  devilish  conspiracies 
of  the  papists. 

Sir  Wiiiiam  Jones.  I  like  the  motion  well. 
There  is  nothing  in  this  paper,  but  what 
is  fit  to  be  printed ;  and  what  fully  makes 
out  what  ^e  have  heard  before,  and  be- 
cause we  all  know,  that,  since  lord  Stafford's 
Trial,  people  have  been  preavailed  upon  to 
bdieve  the  plot  not  true.  Tliis  paper  confirms 
Oates's,  Bedlow's,  and  Prance's  intormations ; 
but  I  would  not  have  that  ]iapef  printed  which 
reflects  upon  the  kins;. 

Mr.  Secretary  Jenkins.  I  will  not  trouble 
you,  but  with  what  i>art  1  hail  in  this  affair. 


master,  in  the  character  I  bear  under  him ;  ad 
I  will  not  go  on  the  message.* 
A  great  cry,  **  To  the  bar,  to  the  bar." 
Sir  ThonioM  Lee.    I  would  not  hmve  said  one 
word,  but  that  the  very  being  of  the  pn&p 
ment  is  in  the  case.     Itistt»  uo  end  to  sit  here 
any  longer,  if  ^his  be  suffered.    Jenkiiis  had 
no  ground  or  reason  to  bring  the  lung's  maMi 
in  (piestion,  nor  was  there  any  reflection  upon 
his  majesty,  or  Jenkins,  in  sending  bim  imk 
the  impeachment.      But,  for  Jenkms  to  «y, 
"  Do  what  you  will  with  me,  I  will  not  gs 
with  the  message  *.*'  Let  his  words  be  flnt  m* 
serted,  and  read  to  vou,  before  he  explain  tha/ff 
according  to  the  order  of  the  House. 

Sir  George  Hunger  ford.  I  never  fanrd  miA 
words  uttered  in  parliament  before,  **  That  Ikt 


The  scandalous  |iaper  reflecting  upon  the  king    whole  House  of  Commons  should  reflect  vpfli 
was   read   over  to   his  majesty  oy  ^Valler ;    the  king  in  sending  him  with  the  metngc^" 


whereupon  I  issued  out  wan'anLs  to  apprehend 
Fitzharris,  !kc.  and  ^\'allcr  saw  the  execution 
of  them. 

Sir  F.  irinn<fi/?{un.  This  is  of  great  import- 
ance, and  in  it  we  oui>;lit  to  acquit  ourselves 
like  wise  men.  We,  that  come  out  of  the 
country,  hear  that  the  treasonable  paper  should 
have  llieen  sent  to  many  gentlemen,  and  then 
they  should  have  been  seized  ajton  as  traitors 
in  the  conspiracy  in  tills  plot.  All  is  now  at 
stake  ;  therefore  how  lung  or  short  a  time  we 
are  tn  sit  here,  (the  tniojUT,  Harrison,  that  was 
seized,  said,  *■'  \\'e  should  have  other  guards 
at  Oxl'nrd  than  ^ve  hail  al  "Westminster,")  let 


and  ^*  that  he  will  not  obey  your  coniiiiaiiB." 
Pray  call  him  to  the  bar. 

At  which  there  was  a  loud  cry,  ^*  To  tfie  btfr 
&c.'' 

Mr.  Trenchard.  The  House  will  grow  eoo- 
temptible  to  the  extreniest  degree,  al  this  nie. 
Such  a  thing  was  never  before  in  puiouneBl; 

*  1  bishop  Burnet  ^vcs  the  following  chlF 
ractor  of  hiin :  ""•  Jenkins,  now  made  Secielaij 
of  Stale,  was  the  chief  manager  for  the  eonit, 
apiinst  tlie  Bill  of  Exclusion  :  he  was  a  mM 
of  .111  e\oii!p)nry  lit'o,  and  considerably  leaned; 
but  Ik  wii^  (lull  ;.nd  slow :  he  was  suspected  of 
not  o;ii-  coiiraifr-  lessen.     Tlii«;  heinij  our  case,    leaikinij  to  popt-ry,  thousrh  very  unjustly  ;  Iwl 


\k  t  IKS  t>o  to  rlie  holtnni  of  this  bns'uiess  of  Fitz- 
hurris.  It  lias  hoeii  movrd,  "  Thot  he  should 
Ixj  sen  tor  hither;"  but  we  have  exucTiHue, 
thui.  ulu  n  ouco  an  aceusation  in  parhaiiK'nt  is 
ni;aiii>t  a  ma^i  upon  record,  and  in  the  greatcrsi 
roiirl  in  the  kingdom  made  known,  mnlefactnrs 
h.ivr  nut  l>i  I'U  cleared,  and  have  not  had  Justice; 
ihcrefore  I  niovo,  *•  That  vou  will  take  care 


p.  3r'2,  there  is  a  l-^lt-.T  from  sir  liColine  Jen- 
kins, dated  the  Jl'.t  of  Marrh,  lodo,  in  which 
lliM  t:ii»»  ni.'iri  1»r  itnpeaeheif  of  hiifh-trta-son,"    is  the  l'«illt»\*iriij;irconnt  (^f  himself :  "  His  ma* 
and,  it  ni.n  be.  then  he  ^t  ill  toll  you  all.  '  jt^sty  hu*h,  up'ni  my  mdst  humble  and  eraJ 

im{H  rtnnate  suit,  u'i^  t'"n  m(r  leave  in  regard  of 


he  wps  5i'i  oii  euTV  iiunetilio  of  the  Church  of 
Eniiflaml  lo  siipcrstitK.n  ;  and  was  a  great  as- 
serlor  of  tlio  \\\\  ino  ri;;"ht  of  monarchy,  and  ww 
frr  rarrvincf  the  j'r«^r>ti;^ilive  high :  he  neitha 
S|K»ki.  i'«»r  v.Tote  wi  II."  Historj'  of  his  Om 
Times,  vo!.  1,  ii. 4 f.l.— In  BidstrTKie'sMemoin, 


Sir  1x0*1.  C  fay  for*.    When  Mr.  Heeorder  and 
mvself  examined   Fiizharris  in   >ew^l^\te,  he 
asked 
sav 
not 

counse 
trea: 
w 

and 

next  day  ut'ier  he   |  lomivti  he  wtmld,  \\v  uas 
vemoveil  out  ofoiu*  i«'aeii  lo  tht*  T*»wer. 

Onltriil.  ••  Tlu-^t  ibc   v.iiJ   Kxauiinaiiun  be 
fbltiiwitli  printtd.'* 


ly  iu\;!;]i,  ii>  n-.-ii;*!!  niv  iv.>sl  of  ^t»cix*tar}',  and 
ath  lit.'^eil  it  uimn  my.  Godohthin.    Ml 


mv 

h 


I 


mallei*  iun  oiisirui'lim.".  {h*'\  can  invent,  npot 
an  ivicidiHt  ut  c^r.rt.'*— Ipen  this,  Mr.  HatseO 
obsorv'.^^,  *■  W  1»  -.'vor  iviM  n-eollii't  the  proceed- 
ij»U^s,  f;ml\vi.ro  p-iv-iT  ^'i^  at  I  hi"?  period,  with 


stateman,  w'„)A\as  rrijiul  hi?  should  be  sns- 
Secretarv  JtfM.\.*;;.  Tii»  sending  me  up  with  |)ecied  of  iviiiiny  iV'im  oriiv,  from  dLsliki^S 
"'"  iiupMchmritt  retlccts  up'^a  hiisiuajeNly,  luy    the  prcsy:;ut  luciiuus  of  the  court." 

i 


STATE  TRIAT^,  33  Charles  II.  \6l\.^Edward  Fiizharrit. 


[230 


the  whole  House  should  reflect  upon 
','*  and  for  bim  tosav,  *"  Do  what  ^ou 
I  ine,  I  will  not  t^." 
tary  Jenkini,  1  said  no  sucli  thing', 
Jie  Hoase  reflected  on  thi^  Kia^,"  but 
[  take  it  as  a  reflection  u|M>n  the  king-, 
ter." 

ords  were  thus  stated,  *^  This  mcssa^re 
been  put  opou  nie  but  for  tlic  character 
I  value  not  my  Hie  ur  liberty  ;  do  what 
with  uie,  I  will  not  eo,^^ 
mry  Jenkim,  I  said  *^  That  this  is 
n  me,  to  my  apprehension,  fur  the 
r  I  bear ;  and  do  what  you  will  with 
ill  not  go." 

Janti,  I  am  sorr^'  to  see  any  member 
dmself  at  tliis  rate.  This  confirms  me 
union  of  the  dc^ig^n  some  men  have  to 
he  honour  ufSliis  House.  A  book  has 
itien  by  a  member  of  tliis  House** 
in  time,  I  hope  3'ou  will  consider  of) 
ihe  House  ot  Coiumons,  in  Hon.  S.'s 
runff  out  of  rebellion.''  This  g^*s  on 
in  the  mme  method.  \jc\  a  man  he  of 
dity  he  will,  if  he  be  too  bi^i^  to  carry 
ssa^,  he  is  too  big  to  be  your  mem- 
not  fit  to  be  chosen  fur  one.  Tlius  to 
e  commands  of  the  House,  and  to  be 
or  a  messenger  of  the  House  of  Coni- 
iecretaries  are  sent  on  messages  every 
i  ia  hr  too  big  for  ihl«,  to  accuse  a 
fthe  Popish  Pkit?  If  this  be  so,  sit  no 
kens  but  go  home.  His  character  is 
lit  lie  nuky  be  privy  to  things  hid  from 
ibly,  by  this  extraordinary  carriage, 
ic  Co  that  i»ass,  for  us  to  be  dealt  with- 
ne  of  our  predecessors  ever  were  bc- 
f  my  brother,  or  sou,  dealt  with  the 
bos,  I  would  have  hini  made  an  ex- 

and,  for  aught   I  see,  Jie  provokes 
leby  Ills  explanation;   theref(>re  pray 

tary  J*  nkin$.  I  am  ready,  and  I  think 
u  much  obliged  as  any  man,  to  obey 
inaiids  of  the  Ifouse.  iThe  office  I  have 
IS  majesty  excludes  me  not ;  but  the 
stand  upon  is.  That  tbe  motion  was 
on  in  riilicule.  I  have  an  honuur  fur 
il  ever  have  had  for  all  Houses  of 
DS,  but  in  this  message  1  must  and  will 
Mid. 

enry  CapeL  **  Ritlicule"  is  not  a  word 
iir  a  Houseof  Commons  :  wluitlsap- 
by  tliem  iswitli  all  gra\ity,  especially 
ae  life  of  a  man  is  confcmed,  as  it  is  in 
■chment.  We  are  in  an  unibrtunate 
nr  things  come  to  light,  moi-e  than  we 
bic ;  that  now  it  must  be  said,  **  Im- 
■ii  of  treason  strike  at  the  king,"  and 
lof  cxduduig  the  duke,  >cc.  islevelhHl 
pg^**  I  am  sorrv  it  is  said  here,  as  well 
hv  places.  This  that  we  put  upon 
■  Ml  employment  for  the  king's  ser- 
i  he  tdla  us,  *'  It  reflects  upon  tlie 


sa 


ly,  who  served  for  the  Uuif  ersity 


king,  and  he  will  not  ^."  All  the  Commons 
do  wiU  be  reversed,  it  this  must  pass  for  doc- 
tiine,  '*  That  wlmt  we  do  reflects  upon  tlie 
king.*'  But,  Sir,  we  are  in  a  ship,  and  we 
have  to  do  with  the  master,  and  he  with  us. 
If  tliis  gentleman  would  make  any  sort  of  ex- 
cuse for  himself,  I  would,  for  my  share,  pass  it 
by  ;  but  he  has  not  taken  it  off,  but  rather  ag- 
gravated it.  If  he  has  nothing  farther  to  say 
for  himself,  he  must  withdraw,  and  then  I 
shall  make  a  motion,  fur  the  honour  of  the 
House. 

Sir  Thomas  Meres.  I  know  no  difference  of 
any  persons  here  ;  if  Jenkins  said  **  I  thought 
sending  me  with  the  impenchnient  reflected  un 
tlie  king  ;  and  in  case  it  be  so,  1  will  suffer  any 
thing  under  that  reflection,"  a  man  may  be 
mistaken  in  his  thoughts :  but,  as  I  take  it,  he 
said  '*  It  was  his  tlioughts  that  the  message 
was  a  reflection  upon  tlie  king,  and  ia  that  case 
he  wouhl  suffer  any  thing  rather  than  a  refleir- 


stumble  at  the  entrance.  1  do  hojie  tluit  Jen- 
kins intended  no  disser\ice  to  the  House,  in 
wliAt  he  said,  hut  on  a  jM*rfi*ct  mistake.  I  did 
apprehend,  and  so  did  some  otliei-s,  that  he  was 
|iut  upon  it,  by  the  gentleman  that  moved  it, 
mjest(Mr.  Coningsby.)  But  be  it  in  jest,  or 
in  earnest,  he  ouglit  to  obey  your  order ;  but 
every  man  cannot  subdue  his  own  heart.  But 
I  would  know  of  Jenkins,  whether,  upon  far- 
ther consideration,  he  will  undeilake  this  ser- 
vice, or  no  ?  1  am  the  worst  advocrate  in  the 
world  for  an  obstinate  (lersou ;  but  1  humbly 
ofier  it  to  your  considenUion  to  put  the  gentle- 
man upon  it,  whctlier  he  will  go,  or  no,  before 
he  witiidraw. 

Secretary  Jenkinn.  Since  the  House  is  so 
favourable  as  to  hear  me,  I  must  say  1  did  ap- 
prehend it  a  reflection  upon  the  lling,  which 
was  the  reason  why  I  refused  the  message  : 
but  if  I  apprehended  it  a  reflection  upon  tlie 
king  my  master,  1  am  heartily  sorry  1  should 
incur  the  di.sideasure  o\'  the  House,  and  I  hope 
you  will  pardon  the  freedom  of  the  expression, 
of  reflection  upon  the  king.  I  had  no  other 
consideration  whatsoever  that  induced  me  to 
say  the  words. 

*Mr.  Fleetwood,  I  look  upon  this  as  so  great 
a  reflection  upon  the  House,  from  this  genile- 
maii,  that  he  ought  to  come  u|ion  his  knei's,  at 
the  bar,  to  ask  pardon. 

Mr.  Biucuuen.  We  are  all  subject  to  infirm i« 
ties.  Seeing  the  thiiiif  is  so,  Jenkins  could  not 
apprehend  any  reflinniun  ui>ou  the  kuig  in  the 
message,  but  he  ii light  ujion  hiiusell.  The 
thing  was  a  little  smilingly  iiio\e«l  ;  but  since 
he  has  explained  hiiiiseh,  I  would  have  tliis 
passed  by,  as  1  shoultl  di'sire  for  m^  self,  iijnmi 
the  like  occasion. 

LdtniCuvendtth.  The  gentleman's  foiilt  is  a 
great  one  ;  but  after  he  luis  now  beggixi  ihe 
pardon  of  the  House,  and  that  he  is  read}  to 
olM'y  the  Onler  (d  (he  House,  1  am  Milhng  to 
pass  it  o\iT.     Though  it  be  a  great  fauh,  yet 


C3il         STATE  TRIALS.  33  Charles  11.  xesu-^Proceedingi  egmmit         [039 


it  U  too  little  to  give  occasion  for  a  breach,  at 
ill  is  time. 

Secretarv  Jenkins.  I  am  ready  to  obey  the 
orders  of  tnc  H<)iL<;e,  I  am  verj'*sorrv  that  the 
words  which  fell  from  me,  gave  ite  House 
ofFenco. 

And  so  the  thing  passed  over,  and  he  carried 
the  message. 

C'olonrl   Bi'ch.    For  the  discovery  of  this 


may  indict  at  his  suit,  or  the  heir  or  the  nift 
of  Uie  party  murdered  may  bring  an  apped  f 
and  the  king  cannot  release  that  appeal,  nor 
his  indictment  prevent  the  proceeiUii|[a  in  tht 
appeal,  hei*ause  the  appeal  is  the  suit  of  thfe 
party,  aiid  he  hatli  an  mterest  in  it. 

*''lt  is,  as  we  conceive,  an  abaolute  denial  flf 
justice,  in  regard  (as  it  is  said  before)  the  m 
suit  can  be  tried  uo  where  else.    The  Hi 


Plot  of  Fitzharris  wc  (Mi<rht  all  to  'give  God  |  of  Peers,  as  to  impeacliments,  proceed  bf 
thanks,  next  to  the  discrnciy  of  the  Popish  i  virtue  of  their  judicial  power,  and  nntbythor 
Plot.  This  is  a  ;;TC'at  M-rM<*i'  to  the  nation,  \  legislative;  and  as  to  that,  act  as  n  Court  of 
and  it  is  not  ilie  lust  sen- ice  ihnt  sir  William  i  Record,  and  can  deny  suitors  (especially  tki 
Waller  has  (lonr  the  until 'M.  Ifeverthetlianks  '  Commons  of  Englanrf)  that  brimf  le^ 
of  the  House  w(>i*e  <tesiT\(Ht,  it  is  for  this  dis-  I  plaints  before  tliiMu,  no  more  than  Uieji 


covcry  ;   theivtiir   I  in«i\e,    '•  That  be  may     of  Westminster  Hall,  or  otiier  courts  can  daj 
have  the  thanks  of  the  Houv/*  '      any  suit,  or  criminal  cause,  that  is  regnWy 

HI  ^f      I  ^^  coimnence«l  before  tliem. 

..ISE  OF  LOKU-S   Mara,  W.  ..  q^^  ,^^.  ^j,,,^  ;„  ^   j,,,^  «f  Ae  BHi 

A  Message  was  bron;;^ht  frf»ni  the  House  of    "  Nulli  negabimus  justitiam,'   We  will  doij 
Commons,  by  sir  Li^i! in  Jenkins  and  others,  in    justice  to  no  single  person  :  yet  here,  as  weap-    . 
these  words  :  **  The  Commons  of  England,  as-  !  prebend,  justice  is  denied  to  the  whole  bsdy  if    '■. 
semliled  in  parliament,  having  nTfiveil  infitr-  I  the  people. 

mation  of  divers  traiterous  ]iraetices  and  designs  I  '*  And  this  may  he  interpreted  an  enramg  ' 
of  Kihvard  Fitzharris,  have  commanded  me  to  |  of  an  arbitrary  power,  and  will,  as  we  ftVi  \ 
impeach  the  <?aid  Edwnnl  Fit/hanis  of  high  i  have  influenee  upon  the  constitution  of  III  ! 
treason  :  and  I  do  here,  in  their  names,  and  in  ;  English  gnvemnient,  and  be  an  encourage  not  ' 
the  names  of  all  the  CcMnmons  of  England,  '  to  all  inferior  courts  to  exercise  the  same  w^  \ 
impeach  Edwanl  Fitzharris  of  high  treason.  '  trary  jwwer.  Iiy  denying  the  prescntamti  if 
They  have  further  conniiundi-d  me  to  acquaint  grand  juries,  \*e. ;  for  which,  at  this  time,  ttl 
your  lordships,  that  they  will,  within  i*onve-  chief  justice  stands  impeached  in  the  House  of  ; 
iiient  time,  exhibit  to  youV  lordships  tlie  .\rtieles     Peero. 

of  charge  against  hini.'*  !       **  This    proct?cding   may  misrepresent  tie 

Mr.  Attorney  General  g;ive  the  House  an  Honse  of  Ivm-s  xn  ihc  kiiig  and  people,  eep^ 
ocoountof  the  Kxauunaiim'is  taken  against  Ed-  |  cially  at  this  time  ;  and  the  more  m  the  pvti- 
wanl  Fitzharris  ;  and  said  '*  He  had  an  onler  '  cnlar  east-  oi'  Edward  Fitzharris,  who  is  pok- 
ot'the  king's  dolinl  tlie  0th  of  ^lareh  instant,  liely  known  to  hv  concerned  in  vile  and  boirii 
to  prosecute  the  said  Fitzharris  at  law;  and  treasons  agaiii<t  his  majesty,  and  agreatCQS- 
accoi*diiigly  he  hath  prepared  an  indictment  spiratnr  in  the  PopUh  Plot,  to  murder  the  kinSi 
against  him  at  law.''  ■  and  des1ri>y  and  siih\ert  the   1^-otestant  reb* 

And,  ai^er  a  Ion<;  debate,  the  question  was  ;  pfion.  Kent,  >>hafi(*shiiry.  Macclesfield,  Hc^ 
put,  "Whether  Edward  Fitzharris  shall  l»e  '  hert,  noilfonl,  Stumfon!,'Westmi>reland,  Sali^ 
procectled  with  according  to  the  coursi*  of  the  bury,  Paget,  Cornwall  is.  Huntingdon,  Ciaif^ 
Common  law,  and  not  by  way  of  im|H'achment  Sunderlan<l,  Essex,  Crei\e,  P.  Wharton,  JUo^ 
in  parliament,  at  this  time?'*  It  was  re8ohi>d  ■  daunt,  Grey,  IMonmouth,  J.  Lovrlace." 
in  the  afhrmative.  '  it  ,#-.  ir      r-^ 

jlemc'randum.  That  iK'lore  the  puttmtT  the  '  »  # 

above  qiie^lion,  leave  was  asked  for  entering  '  [Debate  in  the  Commons  on  the  Lords  re- 
Pn>iestniions  ;  which  was  granted.  fusuig    to    proceed    u{hm    the   Impeacbmest 

*'  Ditsentientibui  ;  ISeeauso  that  in  all  ages  against  Edwani  Fitzharris,  and  directing  tfait 
it  hath  l»een  an  imdoubted  ritrht  of  the  Coin-  he  should  be  proceeiled  against  at  commoB 
mons  to  impeach  Mt>re  the  Lonls  any  subject.     law.]t 

for  treasons  or  any  crime  i*hatsiH»ver ";  and  the ■ • — — 

reason  is,  because  great  oHTem^es  that  inHueiue  •  'M\  hich  u as  always  to !»e  preferred ;  isd 
the  govemmeut  are  most  eii'ectuully  detenu  iuL-d  ,  Ujioii  notict-  thtreof,  all  i-nseeutions  at  tbe 
in  parliament.  '  •  kind's  sui:  \*tiv  to  stop,  till  the  pntsecution  it 

»•  We  cannot  rtjeet  the  Iinpeaehment  of  the  the  stiii  t>f  the  party  was  deteruiined.'*  Note 
Ci'-mmons,  luxoause  tliat  suit  or  complaint  ran     to  ioriAir  ciiiti«»n. 

he  determined  no  where  eKe:  for  if  the  part\  \  +  '•  The  C-n mioiis"  Impeaehmeni  againl 
impeached  should  be  indicted  in  the  Kind's  '  ri'./hr.rris  \*aH  r^ive!^J  h\  the  Li>nU  u^t 
I^iu^b,  or  in  any  other  court,  for  the  same  '  prct  .ui.vvii!!  uhii'li  |,.i  I  Nottiny^hamfwruishid 
oHeiTjPe,  yet  It  IS  not  the  sauie  suit  ;  for  an  iui-  in.  .n,  li  was  tIt's  :  IMwani  5  hati  unt  souic 
peactiment  IS  atthe  suit  of  the  people,  and  th»:\  Ci '.Mi'r.rs  ■  tlie  si\  miirdt^-rs  of  Edward  2] 
ftave  uinterest  ?n  it.  But  an  indictment  is  io  I..  .  ..:,.i.  uinetl  h\  i].e  UntU,  of  which  whea 
(DC  suKot  the  kmg:  for  one  and  tin-  sanit-     th.-  il,Mis=M»f  Cr.iimu»n<  eomi^l'MiiTHl,   an  ordff 

o2I^^*^"       .'**"'**  t^'"^""'*  *'^   ■^^^^"*^'     ^^-^^  »'»'^*'**'  '•'*'''''*^   '*"  ^"^'^  *'''"4»'  shouW  be 
«iUB,  IS  a  amunkr  be  coiamiiieil,  the  kjiu;  :  d  -jc  for  ib.^  futi-ii.  '     No-v  ilut  related  onlj 


STATE  TRIALS,  33  Charles  II.  l6si. -^Edward  FiizharrU. 


[234 


Lte.  I  see  ^lot  what  farther  use 
ifm  pwfiament,  ii*  the  House  of  Peers 
Cooft,  and  not  a  Court,  to  serve  a  pre- 


iUttmJomes.  In  a  matter  so  very  plain 
pieaous,  as  the  refusal  of  this  ioipearh- 
the  LMth,  I  am  unwilHiij;^  to  make 
ary  doafats.  If  indeixl  an  inferior  court 
eeoed  to  judgment  in  this  matter  of 
s,thcn  it  mig^ht  have  been  pleaded  in 
Ht  tbe  impeachment  of  the  Commons. 
M  an  indictment  asrainst  the  Lords  in 


impeacli 

ot  Fitzharris,  here  is  no  indict- 

pTOaecution   begun  in   any  inferior 
law.     We  have  a  prece<lent  fresh  in 

of  the  impeachment  of  a  commoner 
nblMir,  if  tneliords  doubt  that,  which 
IT  lord  chief  justice  Scroj^gs  ;  so  that 
not  spend  our  time  to  search  for  pre- 
o  mamtain  our  right  at  a  conference 
I>iHs.  Perhaps  the  Lords  Jounials 
*«(  made  up  into  tbrm  ;  but  sftme  mem- 
a  taken  notes  out  of  their  minutes,  and 
the  Lords  have  dismissed  the  impeach - 
ftinst  Fitzharris,  and  lelt  him  to  trial  at 

laWy  and  have  ordered  it  so  by  the 
■  spiritmU"  as  well  as  '*  temitoral ;" 
lis  case  they  have  determined  a  great 
That  the  Lords  spiritual  have  power 
in  an  impeachment  of  capital  matters," 
« never  own,  nor  ever  shall,  and  here 
Aenied  justice  by  those  who  have  no 
▼ole  it.  In  tliut  the  Lords  have  done 
le  act  of  injustice.  Seeing  then  that 
Is  hare  taken  U|>on  them  to  throw  out 
Mschment,  Vc.  let  us  assert  and  declare 
Mif  impeaching  in  oai>ital  causes,  and 
iLsnls  have  denied  us  justice  in  refus- 
JMeachment  a;^inst  Fitzharris ;  and 
Kf  baviu^  assprtt-d  our  jirivilcge,  let  us 
p  our  reasons  to  luaintatn  it,  and  make 
4  our  Conf(Tenre  to  show  the  Iy>nls, 
reasonable  the  Lords  actions  have  been 
proceedings. 

eedings  at  the  king's  suit ;  but  it  could 
mrant,  that  an  Impeachment  from  the 
4BS  did  not  lie  against  a  Commoner. 
I,  secretaries  of  state,  and  the  Lord 
r  were  often  Commoners.  So  if  this  was 
IV,  here  was  a  certain  method  offered  to 
Mrt,  to  be  troubled  no  mure  with  im- 
■o^  by  employing  only  commoners. 
M,  the  Peers  saw'the  dcsi;|jii  of  this  Im- 
•ad  were  resolved  not  to  receive  it, 
use  of  this  colour  tu  reject  it." 

ii  occasion  a  protest,  with  reasons, 
M  for  the  first  time,  signed  by  the 
hmsuth,  and  18  other  Lords,  which, 
^1  of  the  Press,  for  which  it  was  ori- 
Islitedk  became  the  subject  matter 
taMraveny  all  orer  ihe  kingdom." 


Sir  JFV.  Winnington.  If  this  refusal  of  the 
LdMs  was  an  ordinary  Impeachment  of  mono- 
polies, or  the  like,  1  should  not  press  you  in  the 
matter ;  but  this  is  not  an  onUnary  considera- 
tion, but  that  which  relates  to  our  religion  and 
proiM;rty;  and  how  the  bishops  come  in  to  stifie 
this  imoeachment  let  God  and  the  word  judge! 
I  would  know  if  there  be  an  ini]K?acbment 
against  a  man  from  the  Conmions,  and  no  in- 
dictment ui)on  record  against  him  in  the  courts 
below,  only  the  attorney  general  told  the  Lords, 
that  the  king  gave  him  directions  to  prosecute 
Fitzharris,  and  there  is  no  record  against  him. 
If  the  Lortls  vote,  »«  That  the  House  of  Com- 
mons shall  not  impeach  this  man ,"  they  may  as 
well  vote,  that  we  shal'.  not  be  Protestants. 
But  yet  we  will  be  Protestants.  I  take  this  to 
be  a  new  Plot  against  the  Protestant  religion, 
and  we  impeach  this  roan,  and  the  Lords  mirly 
say,  "  We  will  not  hear  it."  If  this  be  the 
case,  I  desire  you  will  come  to  some  vote.  You 
are  willing  to  discover  tliis  Plot  if  vou  ooukl.  If 
the  attorney-general  had  preparecftlie  prosecu- 
tion of  Fitzharris,  and,  as  Jones  said,  ir  the  in- 
terior coiuts  had  proceeded  to  judgment  against 
him,  then  that  judgment  is  pleaded  in  bar 
against  an  impeachment.  But  if  our  time  be 
short  to  be  here  (as  1  believe  it  is^  ]H'ay  do  not 
delav  discharging  your  part  in  this  matter.  If 
the  house  be  satisfied  in  it,  nray  make  a  vote, 
to  assert  your  own  right.  A  little  while  ago,  wo 
knew,  that  the  judges  of  the  King's-liench  dis* 
charged  the  grand  jury  whilst  the  indictment 
against  the  duke  of  i'ork,  for  a  popish  recu- 
sant, was  dej>ending :  This  proceedmg  of  the 
Lords,  in  rejecting  the  intiieachment  of  Fitz- 
harris, seems  as  if  the  House  of  Lords  intended 
to  justify  tliat  procee<ling  of  the  judges  by  their 
own.  It  is  a  jit  it  reflection  of  weakness  to  doubt 
in  a  plain  matter.  If  no  gentleman  doubts  of 
our  right  of  impeaching,  pray  vote  it  so. 

Sir  Robert  Hnicnrd.  I  am  glad  we  arc  off 
fn»m  one  great  thing,  vi-^.  "  the  exclusion  of 
the  duke  of  York  from  the  succession  of  the 
crown  as  the  best  means  to  preserve  the  Pro- 
testant religion."  1  cannot  believe  but  that,  in 
this  matter  of  rejecting  the  impeachment  of 
Fitzliarris,  the  lionls  have  cause  for  what  they 
do.  In  this  matter,  precedents  you  need  not 
search ;  you  have  instances  of  very  late  date : 
But  this  of  Fitzharris  seems  to  me  to  be  a  more 
dangerous  breath  than  usual,  a  breath  fit  to  be 
stiiL^.  Th^  is  something  in  this  more  than 
ordinary.  If  this  be  a  sacred  respect  ib  the 
Lords  to  the  common  trials  of  England  by  jiuies 
in  the  inferior  courts,  it  is  stranee  that,  in  the 
case  of  Skinner,  the  Lonis  should  contend  with 
the  Commons  about  the  trial  of  it,  though  an 
original  cause.  This  refusal  of  the  Lords  seems 
to  nie  to  be  no  great  value  of  the  law  of  Kng- 
land,  but  a  value  of  Fitzharris  to  keep  him 
fn»ni  us.  When  1  have  seen,  in  all  the  speeches 
to-day  relating  to  the  duke's  exclusion,  that  the 
duke  goes  not  single,  but  all  along  associated 
with  popery.  1  have  heard  such  excellent  dis- 
oonrses  to  day  of  that  matter,  tliat  I  am  loth  to 
oiingle  my  weakness  with  thens  ;  but  these  are 


235]         STAT£ TRIALS,  33  Charles  II.  iSSl.'-Proceedingt  ttgainU 


such  counsels  from  the  Lords,  that  I  believe 
hereafter  the  king  will  have  no  cause  to  thiink 
the  Lords,  oi*  those  that  were  the  orio^nals  for 
invoWini;  him  in  the  fatality  of  them.  They 
will  make  the  traitrroiis  libel  of  Fitzliarris  the 
copy  of  their  counsels.  Dannferficld  was  a  ' 
man  reputed  most  inruinous,  yet  if  he  would  ' 
discovf:r  what  hu  k.iew  »»f  that*  sham  Fresby-  j 
tertan  Plot,  nothiri|r  of  mercy  was  too  hig  for  i 
him  :  but  Fitzharris,  a  man  of  no  iiifatnv,  must  ■ 
be  hurried  away  from  Newgate  to  the  Tower,  | 
when  he  was  disposed  t<»  cfin'.ess  the  whole  Plot 
to  those  gentlemen  uho  examined  hini.  Are 
you  so  lost,  that  there  is  no  mercry  left  for  the 
Protestant  relicfion  ?  If  the  terror  of  his  con- 
dition incline  him  to  iliscovnr  n!l,  iru.4  he  now 
be  taken  out  of  our  hands  i*  U'e  hear  of  otlier 
thingYi  too  ;  tbnt  tlie  Frenrh  ambasi^ador  had  a 
hand  in  thec:nntnrancc'of  this  Plot  with  him, 
and  can  that  lie  enquired  into  by  a  common 
jury,  who  are  to  concern  thern<jelvcs  in  no  more, 
than  whether  Fitzharris  be  i^'uilty ,  or  iiot  guilty '' 
I  must  confess,  that  with  the  carriage  oi*  this.'  1 
have  enlarged  my  suspicion,  and  \  must  always 
suspect  unusual  ways.  We  see  that  the  worst 
of  mankind  has  been  pardoned,  with  all  his  vil- 
lainies aliout  him,  upf»n  sm  ingenuous  confession; 
but  what  provocation  has  there  been  from  Fitz- 
harris, to  W  thus  hurried  away  to  trial  at  com- 
mon-law in  a  disposition  to  confess  all,  and  so 
he  out  of  the  reach  of  panlon,  should  that  dis- 
position continue  up<»n  him?  But  I  am  per- 
suaded scmietliing  depends  upon  this  man,  as 
we  J  as  upon  the  bill  we  ordered  to  day.  When  I 
saw  the  temper  of  the  House,  when  Jenkins  re- 
fused vonr  Message  [Sre  p.  2'28.]  (and  there  was 
something  in  that  too)  that  the  Kouse  would  make 
no  brejich  wy^on  it  and  paBsc><l  it  (»\  er  with  great 
temper,  that  now  we  must  lav  down  all  prosecu- 
tion oi'  the  Plot,  and  that  the  I'rotestant  reli- 
gion shall  have  no  mercy  !  Fitzharris  may 
merit  by  his  confession  where  he  may  reasona- 
bly hojie  for  the  same  intercession  for  his  par- 
don, that  much  blacker  offenders  have  obtained  ; 
but  if  his  breath  Ije  stopped,  I  am  sf»rry  the 
people  should  lia\  e  occasion  to  say,  '*  If  it  were 
not  for  the  Lords,  the  Protestant  religion  might 
have  been  saved."  Therefore  I  move,  that,  in 
tile  wording  of  your  vote,  you  will  not  only 
,say,  *'  That  the  Lf>rds  rejection  of  tliis  im- 
fieachment  u  nut  only  a  snbverthig  the  constitu- 
tion of  ])arliameiit,"  hut  *'  of  the  Protestant  re- 
ligion" also  ;  and  1  ho|K*  you  will  do  this  with 
the  same  cahnncsi  of  nund  that  every  man 
does  wi^h  that  loves  his  religion. 

(Serjeant  Maynard.  This  damnable  popish 
plot  is  i»till  on  foot  in  Kngland,  and  I  am  sun;  in 
Ireland  too  ;  and  what  arts  and  crafts  have  been 
uscti  to  hidi;  this  plot !  It  iK'gan  with  the  mur- 
der of  a  magUtrate  [(jodl'ivy,]  then  with  per- 
jury ami  false  siii>ornatio(t,  mid  this  of  Fitzharris 
IS  a  soconil  part  of  timt:  We  sent  up  an  Im- 
peachment to  the  Lonis  against  Fitzharris,  and 
told  the  I^irds,  *'  That,  in  due  time,  we  ^vould 
bring  up  articles  against  him,"  anil  the  Lords 
reftise  to  try  him.  In  eflbct,  they  make  us  no 
parhaowut— Il'we  are  the  prosecutors,  and  they 


will  not  hear  our  accusation,  their  own  li 
weU  as  ours,  are  concerned.  This  is  a  i 
way  of  proceeding ;  the  same  day  we  in 
Fitzharris,  they  \ote  we  must  not  |Mn 
him :  now,  wKen  all  is  at  stake,  we  mi 
prosecute.  If  this  be  so,  Holland  must 
and  let  the  French  ran  over  all.  Th 
strange  breach  of  privilege  of  parliame 
tends  to  the  danger  of  the  king^s  person,  ] 
destruction  of  tlve  Pkotestant  KeligioD, 
hojie  you  will  vote  it  so. 

Sir  Thotuus  Player.  I  shall  make  you 
tion,  but  first  I  shall  say  we  have  had 
sidcrabfe  discovery  of  the  former  plot. 
it  the  old  plot,  but  this  of  Fitzharris  hi 
new  upon  us.  This  is  still  a  oonfirma 
the  intention  of  murdering  the  king,  tL 
consenting  to  destroy  his  own  brotber  a 
kiii^ — I  have  often  heard  it  whispered,  t 
design  of  Madame*s  voyage  to  Dover 

S>romote  the  nopish  religion,  but  it  is  pk 
Fustice  Godlrey  was  murdered  by  the  ] 
and  that  the  army  mustered  on  Blackhei 
raised  ^ith  intentions  to  destroy  thcjProtes 
Holland,  and  to  awe  tlie  City  of  London- 
FitzhaiTis  gave  intimation^  that  he  woi 
cover  what  he  knew  of  this  plot,  and  tl 
or  three  honourable  members  of  this  Hoi 
examined  him,  this  man  was  fetched  tl 
day  to  Whitehall,  and  from  thenoe  1 
away  to  the  Tower,  and  so  we  were  depi 
all  iartlier  hopes  of  discovery  from  him 
now  revive  the  infomiation  from  an  Ini 
ment,  and  now  this  man  must  not  be  li 
hither  to  be  tried  :  He  must  be  tried  in 
terior  court,  that  his  moutli  may  be  stopp 
put  out  of  f rapacity  to  discover.  This  be 
case,  I  move,  "  Ijiat  if  any  judges,  jus 
thoe|>eace,  juries,  (Sec.  shall  pr<K*eed  uj 
trial  of  this  man,  that  you  will  vote  them 
of  his  nuirder,  and  betrayers  of  the  righti 
Commons  of  England."* 

Hereupon  the  House  came  to  the  fol 
Ilesolutioijs : 

Resolved,  '*  That  it  is  the  undouhted  i 
the  Commons,  in  parliament  assembled, 
peach  before  the  Lords  in  Parliament,  ai 
or  ConnnoniT  ft)r  treason*  or  any  other 


*  **  Mr.  Justice  lilackstone,  4  ComnK 
c.  IP,  lays  it  down,  **  That  a  omimom 
not  be  im|ieachcd  btdbre  tlie  Lords  for  s 
pital  oH'uncc  but  only  for  High  Misdemea 
And  to  prove  this  position  lie  cites  tlie 
Simon  de  Kcrestirnl,  from  Hot.  I'arl  4 
No.  2,  and  6. — This  case  is  as  follows:  " 
in  4 til  Ed.  3,  the  king  demanded  the 
barons  and  peers,  to  give  juilgment  i 
Sim<m  de  Herestord,  who  had  been  a  no 
accomplice  in  the  tnmsous  of  Koger  < 
.Mortimer,  they  came  beftiri'  the  king  in 
ment,  and  said  all  with  one  voi(*e,  t] 
said  SSimon  was  not  their  iieer  ;  and  tb 
they  were  not  bound  to  judge  him  as  a  ] 
the  land.  And  when  aftem'ards,  in  tin 
parliament,  they  were  prevailed  U|ion,iiii 


^37] 


STATE  TRIALS,  S3  Charles  II.  \6h\. ^Edward FUzhmriB. 


[?3S 


to  te  DotorieCy  and  helnousiiess  of  bis  crimes, 
to  reoeire  the  charge  aiid  to  gpive  judgment 
■giBrt  him,  the  ftTlowin^  jirotest  and  proviso 
»«  entered  on  the  parliament  roll.      <  And 

*  k  is  assented  and  accordctl  by  our  lord  tlie 
'  kmg^,  and  all  the  great  men,  in  full  parliament, 
^  Ika  aflieit  the  peers,  as  judges  of  tlie  pariia- 

*  Boit,  have  taken  upon  tnein,  in  the  presence 

*  ftf  ear  lord  the  long,  to  make  and  render  the 

*  and  judgrnent ;  yet  the  peers,  >vbo  now  are 

*  cr  nail  be  in  time  to  oouic;  be  not  bound  or 

*  charged  to  render  judgment  upou  others  than 
'  peers ;  nor  that  the  peers  ot  the  land  have 

*  uewti  to  do  this,  but  thereof  ought  ever  to  be 
'  oMiaiced  and  acquitted  :  and  that  thoafore- 
^  nad  jiM^rment  now  rendered  be  not  dra^\n  to 
^eiample  or  consequence  in  time  to  come, 

*  whereby  the  said  peers  may  be  charged  here- 

*  aAer  to  |udge  others  than  their  peers,  conti-ar^^ 

*  to  the  laws  of  the  land,  if  the  like  case  ]iap]icn, 
■  wbich  God  forbid.*— Rot.  Part.  vol.  2,  p.  /)3, 
54.    8ee  this  case,  in  the  ori<i[iiial  language, 
with  the  opinion  of  the  judges  thereupon,  in 
tbe  Appenitix  to  this  vol.  No.  lO. — ^JIuw  fai- the 
esndiiwm  drawn  by  sir  W.  Biackstone  from 
tUs  case,  which  was  a  prosecution  at  the  suit 
of  te  king,  has  been  admitted  to  be  law,  with 
nganl  to    prosecutions,  brought    before    the 
Lonfai  by  impeachment  at  the  suit  of  the  Com- 
■HMH,  will  appear  from  the  great  niunber  of 
hMineeBy  which  occur  in  the  iullowinsf  part  of 
tUs  Tolame,  f subsequent  in  point  of  time  to 
Ihis  of  Smon  de  Bercsford  in  the  year  1530) 
where  csnunoners  have  been  im]ieachcd  be- 
fore the  Lords  tor  capital  offences,  and  in  which 
the  Lords  have  not  made  this  objection.     Lord 
fioOis  in  bis  work,  concerning  the  judicature  of 
the  House  of  Peers,  pnblishcd  in  1669,  speak- 
ing of  the  case  of  Simon  dc  Bei^esford,  gives  it 
as  hii  opinion,  '  That  the  protestation  of  the 
I/irdf ,  not  to  sit   in  judtrment  upon  any  but 
peers,  was  a  mere  order  ofthe  House  of  Lords, 
dteroMe  at  pleasure.' — On  the  Sad  of  July, 
1889,  (Hee  the  Case  of  sir  Adam  Blair  and 
eCben  in  this  Cf«Dection)  a  douM  arose  in  the 
Honse  of  Lords,  Whedier  this  reronl  of  the 
4di  of  Ed.  3,  was  a  statute  ?     And  the  ques- 
tion being  put  to  the  jtiilges,  they  answer  '  As 
B  appears  to  them  by  tlie  aforesaif I  copy,  they 
beheve  it  is  a  statute  ;   but,  if  ihcy  saw  the 
nit  itself,  they  could  be  more  positive  therein.' 
Itwaatben  proposed  to  ask  the  judges,  ^Vhc- 
flier  the  Lends,  liy  this  statute,  be  barred  from 
tiying  a  commoner  upon  an  impeachment  of 
the  House  of  Commons  ?     But  the  previous 
qnestion  being  put,  it  pHsse<J  in  the  nr'sfutive. 

*•  in  the  1st  vol.  of  the  Lords  Deliates  (S(^  Aji- 
pendix  to  4  Cobb.  Pari.  Hist.  Mo.  xv.  p.  rl.viii.) 


moncrs  impeached  by  the  Commons  in  par- 
liament ?" 

"  ^Vhen  Simon  de  Beresford  is  charged  by  the 
king  in  aiding  and  advising  with  the  said  earl 
Mortimer  in  the  said  treasons  and  felonies,  the 
said  earls,  barons,  and  peers,  came  before  the 
king  in  parliament,  and  said, '  Tliat  the  said  Si- 
mon was  not  their  peer,  and  therefore  they  were 
not  bound  to  judge  him,  as  a  (icer  ofthe  land.' 
— Tliis  accusation  against  Simon  de  Beresford 
was  at  the  kiu^^s  suit.  Bot.  Pari.  vol.  3,  p.  53, 
Xo.  4. — Notwithstanding  the  declaration  of  the 
Lords,  they  afterwards  condemn  tlie  said 
Simon  de  Beresford  and  others,  not  i)eers,  to  be 
executed  for  the  said  treasons  and  felonies — 
But  immediately  declare,  '  That  though  they 
had  from  this  time  proceeded  to  uive  judgment 
upon  those  that  were  no  |)eers,  hrreafler  these 
judgments  should  not  he  drawn  into  example 
<»r  eonFeqiirne^,  so  that  thoy  should  be  called 
upon  to  judge  others  than  tht'ir  peers,  contrary 
to  the  law  of  the  land.'  Kot,  Pari.  vol.  i!,  p. 
54,  No.  6 — In  the  Jpth  ch.  of  Magna  Charta, 
91  h  Hen.  3,  it  is  said,  '  Ncc  .super  eum  ihiiuus, 

*  nee  mittemiLs,  nisi  per  legale  judicium  parium 

*  suonnn,  vel  per  legem  terra;.'  Tliat  is,  says 
sir  Edwai-d  Coke,  'ind  Inst.  p.  4G.  ^  No  man 
shall  he  condemned  at  the  king's  suit,  either  be- 
fore tlic  king  in  his  bench,  where  the  pleas  are. 
Coram  Rege,  (and  so  are  the  words,  *  nee  super 
eum  ibiraus,'  to  be  understood)  nor  before  any 
other  commissioner  or  judge  wuatrver,  (and  so 
are  the  woixls  '  uec  super  eum  mittemus,'  to  be 
understood).'  And  again,  'i  Inst.  p.  48,  in 
connnenting  ui)on  the  words,   *  Per  judicium 

*  parium  suorum,'  sir  Edward  C/oke  says,^ 
'  Note,  as  is  before  said,  Tliat  this  i»  to  be  un-* 
dcrstood  of  the  king's  suit ;  for  if  an  ap- 
peal be  brought  against  a  Lord  of  parhainent, 
which  is  the  suit  of  the  party,  there  he  shall  be 
trietl,  not  by.  his  peers,  but  by  an  ordinary  inry : 
For  that  this  statute  extendetli  only  to  the  king'k 
suit.'  So  in  the  lord  Dacrc's  case,  in  the  26tb 
of  Henry  8tli,  on  a  question^  Whether  he 
might  wave  liLs  trial  by  his  iioers,  and  be  tried 
by  the  country,  Uie  judges  all  agree<I,  that  he 
could  not.  *  For  the  statute  of  %I(i»^a  Charta 
is  in  the  negative, '  Ncc  su|)er  eum  ibimus,  nisi 
<  per  legale  judicium  panum  suorum,'  that  is 
at  the  king's  suit  upon  an  indictment.' 
Kelynj/'s  Hep.  p.  50.  And,  in  the  tracrt  cited 
before  in  the  note,  p.  54*  sir  William  Jones says,- 
^  It  is  evident  fn>ni  the  roll  itself,  in  the  case 
of  Simon  dc  BiTesfonl,  and  the  other  records, 
that  the  liOnls  didjudgf*  those  commoners  con- 
trary to  the  law  of  the  land,  that  is,  at  the  in- 
stance of  the  king  ;    so    that  judgment   was 

I  given  at  the  king's  suit,  in  a  way  net  warninted 


IS  a  pamphlet  written  by  sir  ^Villiair  Jones,  and  |  hv  the  law  and  cust(»m  of  puilinment,  or  any 

S'jmished  iii   10^1,  in  which   this  qu(>stifm  is 
i<cn^aed,  •  Whether,  by  th'*  law  and  custom 
cf  pai-:^ument,  the  Lords  ought  to  try  com- 


.•    —    ; —    1 '         — J 

Other  law  of  the  kingdom  :  but  there  is  not  a 
1  word  in  that  n-cord,  which  imports  a  rcslriction    . 
I  of  Uiat  lawful  jurisdiction,  which  our  oonq^tu-^ 


239] 


STATC  TRIALS,  33  Charlbs  II.  168 1  .—Proceedings  agaimi         [240 


they  would  brini^  up  the  Articles  against  him  ;" 
for  the  liords  tu  reHoIve,  **  That  the  said  Ed- 
ward Fitzharris  should  be  proceeded  with  ac- 
cordiug  to  the  course  of  common-law,"  and  not 


tion  placeth  in  the  Lords  to  try  commoners, 
when  their  cases  should  come  berore  them  law- 
fully, that  is,  at  the  suit  of  the  Commons  by 
impeachmeut."  4  Hats.  Prec  pp.  54,  67. 

Mr.  Hatsell,  in  support  of  his  doctrine,  that 
commoners  may  be  impeached  of  Hig^h- treason 
before  the  House  of  t^ords,  cites  the  case  of 
Chief  Ju^ce  Scrc^i^gs,  as  to  which  he  notices 
that  the  Chief  Justice  did  not  as  a  commoner 


by  way  of  Impeachment  in  parliuiient,  it  ikk 
time,  is  a  denial  of  Justice,  and  m  ?iolationof 
the  constitution  of  iKtrliaments,  and  «uobaimi»- 
tion  to  the  further  discoTery  of  the  Popish  Flat, 


in  a  comgaoner  is  no  crime,  and  subject  to  m 
punishment."    4  Hats.  Free.  900. 

'*  Sir  Matthew  Hale,  in  the  JurisdiGdim  d 
the  House  of  Lords,  eh.   16,  p.    92,   Hyiy 

*  Some  luire  thought  this  decUmtion  of  tht 
4th  of  Ed.  .*),  being  done  thus  aolonnly,  ■ 

*  pleno  parliamento,'  was  a  statute  or  act  rf 
parliament.  But  that  seems  not  so  daur.  It 
was  certainly  as  solemn  a  dedaraSion  by  the 

1     .      ^t    »   _j  ,      •  J-    •  1  *i   wi      -1  ■  Lords  as  could  be    made,  less   than  an  mStd 

plead  tothel^rds'jurisdiction  and  that  thoiiglij  parliament;  and  it  is  as  high  no  ertdeoea 
several  members  expressed  their  doubts  how  against  the  jurisdiction  of  the  Loixis,  totiy* 
tar  the  Commons  ought  to  impeach  tor  High-  :  jj;^^  a  commoner,  in  a  criminal  cause,  as  cm 
Treas4)n  a  person  as  pnlty  ot  crimes  which  p^^blybe  thought  of:  (I.)  Because  donehf 
are  no.  d**bred  to  be  such  by  thestotutcof  oV  declaradon,  to  be  against  Uw  ;  a^l 

treasons,  25  Edward  3,  no  peraon  douUed  but  =  ^.,.^  Becaaseit  is  a  declaratk^  by  the  Li^^ 
IMX  It  ihc  cnmo^chargHl  did  amount  to  Higli    disallirmancc  of  their  own  jurisdiction ;  wUcb 


1681  (See  4  Cobb.   Furl.  Hist.  1  i78),  and  he-  Report  iu  the  Case  of  sir  Adam  Bhdr  and  •«« 
mentions  that  sir  W .  Jones,  in  the  debate,  says-^  ,  -^  ^^^  ^^g  j^  ^j^^  Collection. 


*•*•  There  is  no  question,  but  a  peer  of  Ireland  i 
is  but  a  coiiimouer  in  England :  and  no  question  | 
but  he  iiuiy  be  proct'eded  against  by  im-  | 
peaohment,  as  \%vU  as  by  common  trial.  . 
You  canmx  mistrust  vour  manasfers,  iior  a  ' 
common  jury  ;    but   the    ai^cusation  of  lord 


Roger  North  has  a  passage  on  this  soljecl 
very  well  worth  consideration  : 


i. 


\t  ilic  Oxford  parliament,  when  thebhfk' 
rod  knocked  at  the  door,  sir  Wm.  Jones  wasii 
the  midst  of  a   speeih  to  inflame  the  Hoott 


and  ftT,«|iit  M«i>anl    concuired  m  th.s  pro-  ^,„^„„      ,  ^,,„,,,  ,^,,.  ,^„  ^  ^^  j^ 

wedmg."    4  Hats.  IV-c.  p.  110.  ^,_jij  .^^■^^^^.  ,„,^^^   ,1^,  his  whole  ueui 

So  judge  Berkley  was  impeacheilforHiirh-  might  itnm*  to  »is  ;  because  the: 

Tr«asonr«ee  his  Case.  vol.  3,  p.   1'283.  of  this  obicititMi.  which  ho  was  a  going 

Collection,  see  uw  the  Case  of  JtTmvn,  PitTCv,  in  this,  viz.  that  7^r  Ttrrs  is  b 


imcrruptedby 

hid 

argumail 

because  the  strength  of  the 

'joing  to  answer,  ttei 

r  is  not  contrary  10, 

and  otliers.  mentioned  4  Hatsell  llU,  where  a  iiur  doih  roiioal  or  restrain  the  'JiidiciiMB 
reterence  is  made  to  K^rd  Clarendon's  accouui  of  *  pariuiii.'  but  bi>tii  an.'  of  absolute  extent,  the 
their  plot  and  also  to  the  queen^s  representation  titrmer  as  to  faL*t.  and  tht*  other  as  to  the  law, 
of  it.  There  is  IJ^ewise  an  account  of  it  in  >Iay  s  when  tho  fail  i»  staieil.  The  forraer  is 
History-.  Mr.  Hatsell  also  cites  the  Cuseof  Guilt  \  or  Not  Guilt\.  that  is  'per  m- 
DaniefO'Neile  impeached  of  High-Treason  in  Mlii'iuiu  {'jriiim  :  but  there  may  be  other 
the  year  1641,  and  he  ouotLS  from  sir  William  pU'.ts.  a<  inismmuT.  doimirrers:,  exoeptioDia 
Joncs*s  pamphlet,  **  If  tnis  (that  (he  I^ids  i*ouIil  p^ii-dons.  and  cuntl's.sious.  uimn  which  the  istae 
not  try  a  commoner  upon  an  iiu(ieaohiuent  lor  is  uholU  tu  the  ct»urt :  as  .^Iso  the  puiushmcat 
High-Treason)  was  so.  it  woukl  biun  thf|H>i%er  atUT  ^enhct  of  the  pcxrs,  a:id  all  that  refers  H 
oC  the  kinif,  by  making  oulv  cviumoucrs  mi-  the  Lez  T.  .—^r.  S>  as,  by  that  distinction  is 
~^  n  of  stale*  to  subvert  the  government  by  >l  Ji::i.i  Charts,  the  otfictti  of' the  jury,  and  of  tht 
O0Qtri%-ances  whrn  tlu\  pleas<\i.  Tlicir  ivuri,  .mio  for  tlut.  and  the  i<thcr*  for  law,  are 
would  keep  tlu'm  out  ot*  the  reai.*h  oi  Wt-[<i  iliMinot.  An-1  amnlier  obji\nxon  was  to  be 
courts  of  justice:  or  tlicir  treasons  a:is'.«i'u-ii.  uhich  i>  that,  li\  an  im])eachmcnK 
^Mlt  HOC  perhaps  bo  \nthiii  tlie  si.ituto.  but  a:i>i  j uii;rnieni  of  the  La^hU.  a  ooiuinouer  is  de- 
■an  as  &ir  under  the  c<v^i/aiKV  Mi'  no  other  pnveit  ot'  his  leg;*. I  cLialltxigcs.'*  Exam.  608. 
the  parliaiiiefit ;  and  if  the  pi^ople  Thfdifirrt'nces  of  opiiiioo  which  have  pir- 
t  of  right  demand  justice  tiier^^'.  il]e\     ^.iilcd  rcsj«ect!!ig  this  matter  >trong1v  illustraie 


vilboat   tiear  oi   punishment,  act  liie     tlie  unsvttleiinesa^  of  the   *  L«?x  et  Consuetude 

tiuctiTeTillaioiesaeaicsithe  kiu^om  ;     *  Pa.'-li^utim.'  ^Hv   th-'  Case  of  Shirley  and 

•ko  follow,  that  the  »aaie  fact,  which     Fag^,  \o\.  6  p.  1 1 J 1  of  tlr.s  C^^Uection.  &etoo 

'  ii  troHOD.  and  Duntthabte  with  death. .  .Mr.  iiattoU's  uucenaiuiy  as  to  whether  the 


,  and  puntthabte  with  death.  ■  Mr.  iiati^oU's  uucenaiuiy  as  to  whether  the 
5  ! 


STATE  TRIALS,  33  Charles  II.  l6sl.—EdiDsrd  Bt^AarU.         [249 

oilier  {Ktraon  Ivi"?  under  «n  Impeachment  in 
parlianiRnt  for  the  same  climes  for  whieh  he  or 
t  liey  maiid  im]>niilieil,  is  an  high  breach  of  tho 
privilege  of  parliament." 

Imincduitelj-  alter  tliew  proceodings,  namely 
nn  Monday  the  aoth  of  Slarth,  the  pariiauieut 
(vas  dissoh'eil. 


t  dsozer  to  liis  majesty's  peraun,  and 
unl  Kelisvm." 

1,   "  Thirt  tor  aiiv  inferior  court  lo 
^ainU   Edwwrd    l^tKharria,  or   any 


JouniaU  are  public  records,  Prece- 

3.  c*. 

I  Reresby,  after  notidni!  that  the  im- 
t  of  Filzharri*  was  not  done  to  de- 

to  sene  him  in  opposition  to  the 
% 

jwds  refnsed  to  netivti  Fitzluirris's 
Mit ;  ohMTving  thai,  hf  being  nlwaily 

common  law,  and  in  a  way  nf  trial 
n,  as  Maffna  t'harla  directed,  they 
nerreive  ho«  ilirir  Ho\is«^  cmild  lake 
114 rtrtence.  Ttic  Oimmona  hirciipan 
-V  u'itli  the  LiirdH,  nnd  vott-d  tliat  sudi 
^hijis  proccediDff  was  a  dtlay  uf  jus- 
aoh  of  the  privilege  of  [.avliamcnt, 
w  tli«  fiiitUw  discovery  of  tliel'o|tish 
I  that  fur  any  inferior  court  to  pro- 
p;n,  while  iin'iiii|ieaL-lim(>nt  was  ile- 
■iw  an  hitth  brwch  ol  the  privilege 
lent.  Tim  he«ts  (pew,  in  slwrt,  to  an 
ba*h  Houses,  bolli  as  to  this,  and  the 
xHi-sion.  The  Commons,  Wwevcr, 
union,  that  the  king  would  ^?e  wnj 

he  having  a<reu<ly  made  snch  ad- 
tw»nls  ttic-ir  ineaaiires,  and  bein(r  in 
tilK^  iliHtress  lor  money,  besides  that 
ID  were  near  the  king,  iirge<l  them  to 
ill  in  tlieir  endeavours.— I  was  at  the 
joehte,  as  I  was  three  time 
M  diK-uarse  ran  gcnenitly  upon  the 
lay  of  an  V  thine  lilie  the  Poi>ish  Plot, 
aaiTHdictions  ol  which  it  was  made 
:  be  inlendeil  Fitzhairis  should  come 
itnal  immediately  ■-  that  in  all  aflMre, 
»  himself,  the  laws  should  hare  theii 
MUtsc ;  and  that,  whatever  liis  owr 
Boimi  might  be,  he  would  f[oveni  hy 
id  bv  them  only.— Fitiih arris  was  »r- 
a  tiie  King's-bench  bar,  where  by  lli^ 
be  i«fnicil  to  plead ;  because  he  stiiod 
Aimt  (inpeaclicd  tor  tlic  (rimes  Iw 
■  lo  be  iuilitiwi  forj  though  the  im- 
nt  specified  no  particular  tn-aMniK, 
Im  indictminl  did.     The  counsel  fot 

•aid,  h's  plea  was  evasive,  it  not  ap- 
(riicllier  tlie  same  crimes  were  intend  - 
e  one,  as  by  the  other. 
•  Doint  was  anfULi)  at  tlw  bar,  Init  tht 


KV^' 


nrdiDVy,  holh  in  it 


ThU  last  parliament  of  king  Charles  the 
:S<«ond,  he  dissolvetl  atOxfor.!,  on  March  SBth, 
teSl.  [See  tlie  iiartiuiilars  of  tlic  dissolution 
in  Hogcr  North's  Exameii,  p.  104].  Afler 
-which  eient  he  govcrtwd  without  a  reirliamcnt, 
rsec  a  note  to  the  case  of  Itiilinrd  rhoin))soa, 
supra,  p.  r.i  during  the  remaining  four  year* 
flf  his  reign  "  with  a  sort  of  legal  tyranny,  or 
nbuse  of  the  legal  [wwers  with  which  the  con- 
elitution  hail  invested  him,  employing  his  court 
of  Kiiia's-heneh,  (as  his  father  had  employed 
•  \-  »)un  of  Star-chauiber)  lo  persecuje  liis  siib- 

nndur  the  forma  of  law,  by  taking  away 

ilie  Charter  of  the  city  of  London,  and  procur- 
ing the  suri-endfcrB  of  the  (;iiartcrs  of  aevnal 
oihcr  corportlioM  lliat  snit  members  to  parlia- 
iiK-iil,  and  tliereby  luukiug  the  (Sections  of 
iiiemhcra  of  parliament  \fst  free  and  iHipular 
than  \icfoTf ;  and  liy  ovtr-s.'vere  punishments, 
ciinrniouR  fines,  anil  vcrdictK  tor  cMCssjve  ila- 
inagrs,  given  in  civil  actions  by  corrupt  juncs, 
iiaLietl  hy  tlie  slurids  for  the  purp(«e."  See 
Mr.  Baron  Blaieres's  Prefat-e  to  llie  Debates  ji 
tlie  year  1080,  on  the  Exclusion  Bill,  edition  of 
1007.  Ol'  lUis  i>eriod  Sir.  Fox  soys,  "The 
\ylnde  liistory  of  the  remaining  jmrt  of  thu 
reign  exhiliilB  an  uninterriiplcd  srries  of  allacks 
upon  the  lilMiriy.  proiiertv,  awl  li»"  of  his  sub- 
jects. To  give  an  account  of  all  IIm-  oppression 
ofdiisiMTiud,  «-ouId  be  to  cimmi-ralc  i*ery  ar- 
rest, emr  trial,  cvcri'  smteuce,  tliat  took  phMe 
in  <piestion»  lielwei'U  the  crown  and  thu  sub- 

And  Blackstone  speaks  thus  :  "  Tlie  point 
"f  lime  at  which  I  wouM  choose  to  hx 
die  iheoretiml  perletTtinn  uf  o>ir  |iiiblic  law  n 
the  year  IOTP,  after  the  IlaU-ns  Coriuisact  wan 
passed  ;  «id  that  Ibr  (ieensiiig  the  presa  had  ei- 
uired  :  though  the  yaat  which  hnmeiliately 
followed  it  were  times  of  great  iiracti(«l  uplnvs- 
It  is  for  from  uiy  intention  to  jolliute 
or  defend  luaiiy  icry  iiiii|oitou«  |irw«i.lings, 
.-ontrary  to  all  law,  in  that  reign,  Uirough  the 
»r,ilice  of  wickeil  polititiaos,  botli  in  and  wit  i.f 
«niJ<>vmfnt.  WhatseerosineraitestalA-isthis 


■  Wdl  as  becaose  of  the  scv*crc 
HMOS  at  Oxfiinl,  the  jtulgcs  took  tune 
ler  of  it,  but  two  Anys  atWrwanls  pm- 
I  M|rmeut  fitt  the 'king;  and  in  the 
ttMns  teceii  eil  sentenc;  of  drath,  fur 
■^  sod  WHS  c^eclltL■d  accordingly." 
Ii^dab«nv  n.  That  the  period  atwkich 

Ckapueoied  of  iIm  linpeacluiicnl  of 
._mi  the  citcumstiinees  attending  it. 
Mi  or  cuuduauus  that  may 
It  fNcecding  of  vi^y  liU-iu 


iiHu  uj  thi-  low,  as  it  tb»n  stood,  (uolwithstond- 
ing  some  invidious,  nay  dangenins  liraiHlies  ut 
the  prerogative  liaie  siiH-e  been  k.piH-d  off,  anil 
tlio  r*«t  uwin'  clearly  deKiied)  the  |(i-ojilu  hiiil  us 
huge  a  portion  of  real  liberty,  as  in  t-oiwsUut 
Willi  a  stale  of  society  ;  ami  sutheient  (luwer, 
residiug  in  tlwir  own  'hands,  to  assert  and  prt- 
sene  that  liberty,  if  iuva.k'd  by  the  royal  prt'- 
rogative.  For  which  I  need  hut  iiinieal  to  the 
iiiLiiionible  i-otaslmpln!  of  the  iie%t  nign.  For 
nlii-n  kiugCliaries's  delwletf  br.llier  altetiipl.  J 
lo  enNhite  the  luttiuii.  he  foiinil  ii  w«^  Im-voihI 
lhi»po»or-.  tiuipeopkJ  botk  could,  aiid  did,  «■• 


343]         STATE  TRIALS,  33  Charles  II.  iSsi.—PreeetdiMga 

n«t  him  ;  am),  in  ronwanence  nf  snvh  miMt- 
ance,  obl^«i)  him  to  qiih  a'K  enterprize  uul  his 
thrODe  togcilier."  B.  CuDim.  B.  -i,  c.  S3,  ■.  5. 

UpoD  this  Mr.  Ftix  exc'aiins  : 

"  TVIiat  a  fieM  for  mcditalion  does  this  tliort 
dMcn  alion,  from  such  &  mui,  fumiah !  \Vbat 
icftectioiis  does  it  nut  iuggen  to  a  thinkinff 
mind,  upon  the  inethuai'y  ut'humui  laws,  ana 
thriinperteilionsofhurouicoDitituliiHiB!  We 
•r«  caded  finin  ihe  contemplatioa  of  the  pro- 
grNaol'ourcDiLstitutJou,  andouratteotion  fuc- 
e<l  with  tiie  moKt  miuute  accuracy  to  a  pailicu- 
lar  point,  whni  it  ii  aaid  to  h^re  nsen  to  iu 
MXBOost  paiectioD.    Here  ve  are  then  at  the 


best  innment  of  the  bat  ciOiittitntiiiB  Uul 
human  wisdom  framed.  What  ftUim 
lime  of  oppmsioti  and  miseiy,  not  ■ 
from  exterrul  or  acddenlal  caiues,  so 
vrar,  pestilenci;,  or  famuie,  nor  eren  froi 
suvh  aheration  of  ihe  Uwa  u  miglit  be  aw 
to  impair  this  boasted  pertectim,  but  n 
corrupt  and  irickcd  adminiitntioa,  wb 
the  BO  much  adniired  cbccka  of  the  oout 
trere  not  Me  to  prerent.  How  Tain  diet 
idle,  how  nresumptuous,  is  ti>e  opinioc 
lam  can  do  every  thiitc  1  and  how  mi 
pernicious  the  maxim  Rninded  upon  ii 
meuuree,  not  men,  arc  tn  be  attoided ' 
Fox's  Hist,  of  the  Reiipi  of  Janm  3,  p. 


Froreedtngs  against  Edward  Fitzuabris  in  the  KingVBe 
upon  his  Arraignment  and  Plea*  to  an  Indictment  for  I 
Treason:  33  Charles  II.  a.d.  1681. 

ON  Wednesday  April  27,  IdSl,  the  Grand- 
Jm-in  for  the  county  of  Hiddletex  were  aworn ; 
and  after  rile  Charge  delivered  by  Mr.  Justice 
Jones,  his  majesty's  Attorney- General  (ur  Ro- 


bert Saivi  er)  desired.  That  some  of  that  C 
Jury  wliirh  served  fur  the  hmidreds  of  £ 
ion  and  Gore  (that  for  OBnibUm  bundr 
ing  immediately  a^jounied  for  a  wedc) 


•  '  I  do  ap|Kiint  Francis  Tyton  and  Thomas 

<  Bacset  to  print  the  Arrsignment  and  Plea  of 
■  Edward  Fitxhsrris,  with  the  Arguments  and 
•  Proceedings  thereupon,  and  that  no  others 

<  presmne  to  print  the  same.     F.  Pbmberton.' 

In  Maephenon's  "  life  of  King  James," 
written  by  himsiJf,  (see  Introduction  lo  hrd 
Cbircndon'R  Case,  vol.  6,  p.  S9I,  of  this  Cnl- 
leciiiiiiV  is  the  following  passage :  "  April  !j7, 
liiH  I ,  FWhanis's  indictment  before  the  Grand- 
Jury  to-morrow.  Tlie  king  was  confident  it 
vi'iM  bolimnd;  and  though  all  ihepmrticcs 
iu>:i|riiialili;  were  UNcd  to  pack  a  petty  jury,  yet 
the  uriHifa  wi-rv  an  ek>ar  againNthtm,  that  they 
n  i>:ihl  hardly  find  twelvo  men  so  wicked,  ax  t» 
prrjiirv  tltniisi'lrcii  so  impudently,  against  law 
and  jiiNtin'  in  iIil-  fan-  of  the  world." 

"  .\  few  days  tiefnrc  the  king  went  tn  Ox- 
ford, FUKharriH,  an  Irish  I*apiM,  wastkken  up 
li  f  Inimiug  a  nialicinus  ami  treesniMl)le  libel 
agininst  the  king  and  his  wlioh;  fiiniily.  He 
hud  met  Mitii  nne  Kvrrard,  who  pretended  to 
n.nke  ilise(iverie!i,  and  a!i  was  thought  had 
mixed  a  grrat  deal  iif  lalselmHl  with  some 
trrnli :  hut  he  lurid  himself  in  general  terms, 
and  did  not  descend  to  so  many  [ttrticuhirs  on 
tile  ivitnesses  had  dotkr.  Fitzbarris  and  he 
liad  lieen  Rii|UBiiiied  in  France ;  no  on  that  con- 
fHlf-ni^u  he  sliewcd  him  his  hhel :  anil  he  made 
nn  a|iiiiiiTititieiit  to  ruiue  tn  F.verai'd's  cbamlier, 
ivhn  thnught  he  intcnilud  to  trepan  him,  and  so 
huil  plaetil  wituivu-s  to  (iverfaear  all  that  mrt. 
Fit/liarris  li:!)  the  lilwl  with  him,  all  writ  in  lii* 
own  hand:  Ki pranl  went  with  the  paper  ■ 
with  lib  witnesHes  and  informed  B((«in>t  Fi  _ 
harris,  who  upon  that  was  committed.  But 
■eeiiig  the  proof  agminat  him  woa  like  to  be  full, 
ba  md,  the  libel  wo*  dtawa  by  Efcnvd,  and 


only  cnpicd  by  himself:  but  beludno: 
proof  to  supjnrt  thin.  Cornish  the  aba 
ingtoscehun,  be  desired  he  vronldlrii 
a  justice  of  peace ;  for  he  could  molM  a 
discovery  of  the  plot,  &r  beyond  bD  tin 
yet  known.  Coruish  in  die  lijnpliciljr 
heart  nent  and  acquainted  the  king  will 
for  Mliidi  he  was  much  blamed;  for 
said,  by  this  means  that  discovery  mi^ 
liceustopt;  but  his  going  first  whh  it 
court  jirnied  afleniardi,  a  great  happinei 
to  hiiiistlt'  and  to  many  others.  The  sect 
and  B'inie  privy  coutiBrllors  were  upot 
sent  to  examine  p'ilzharria  ;  to  whom  h 
a  Innsf  rclalioii  of  a  ]iraolice  lo  kill  the  Ic 
Hliicii  the  duke  was  concerned,  with 
oilier  particulars  which  need  not  be  ment 
fur  it  was  all  a  fiiiiou.  Tlie  aecretaiies 
to  him  a  seeoiid  time  to  examine  biin  R 
he  boldly  stood  to  all  he  had  said :  and  ' 
sirt-*!  that  some  justices  of  Ihe  citv  mi 
bmup;ht  to  liini.  SiiCLiylon  and  'iVebi 
lo  liiin  :  ami  he  made  the  Mme  pretend 
cover}'  to  ihcm  over  again  ;  and  inni 
that  he  was  glad  it  was  now  in  safe  lian 
wi>ulil  nol  stillc  it.  The  king  was  hig! 
f'luled  Mith  this,  tince  it  plainly  shewed 
tru!<t  of  his  minUters :  and  so  Fitshan 
rcmnred  to  the  Tower ;  which  the  CO 
siilvcd  lo  make  the  priiNin  for  all  ofleiidi 
there  should  be  slK-riffs  diusen  inar« 
king's  derotinn.  Yi-I  the  dqmsitioa  n 
Clayton  and  Trvhy  was  in  all  points  lb 
that  he  liad  made  to  the  Kecretariea:  i 
there  was  no  colour  for  the  pretence  aft 
put  oti  iliis,  as  if  they  had  pnu^isednafe 
"  The  parliament  mot  at  (Moid  W 1 
the  king  opened  it  with  aner*  raflMd 
the  proceedings  of  the  fotmer  pi 


45]  STATE  TMALS,  33  Charles  H.  l6B\.^Edward  Htzharris. 


[246 


■t  the  ftrearii^  of  tbe  witnesses  |  in  the  Tou-er  of  London,  ivhicli  was  frmnted  ; 
Indictment  ibr  Hu^b  Tiveson,  to  be  '  but  tbe  Grand-jury  beiu^  under  s^)nie  scmples 


e 

pan 

wfcfped  against  £dvrurd  Fitzbarris,  prisoner 

aid.  he  was  resolred  to  maintain  the  succes- 
MB  of  tbe  crown  in  the  right  line :  but  for 
MMliig'  his  people's  fears  be  was  willing  to  put 
m  aihninisl ration  of  die  government  into  Pro- 
tolHt  hands.  This  was  explained  by  £mley 
fld  Littleton  to  he  meaiit  ot  a  prince  regent, 
rilh  wbom  the  regal  prerogati^'e  shouUl  be 
9igtA  doiinip  the  duke*s  life.  Jones  and  Lit- 
letaDfoaoa^ped  tbe  debate  on  the  grounds  fur- 
BtAjr  mentioned:  but  in  the  end  the  propo- 
■doB  was  rmecteil ;  and  they  re8olve<l  to  go 
Min  to  the  Bill  of  Exclusion,  to  the  gi-eat  joy 
sr  the  duke's  party,  who  declared  themselves 
nore  urainst  this  than  against  the  exclusion  it- 
(df.  The  Commons  resolved  likewise  to  take 
iie  management  of  Fitzbarris's  affair  out  of 
ihe  hands  of  the  court :  so  they  carried  to  the 
Lonb  bar  an  impeachment  against  him,  which 
ats  rgected  by  tbe  Lords  upon  a  pretence  witli 
wtitHn  lord  Nottingfaank  furnished  them.  It 
diis:  Edward  the  third  had  got  some 
to  be  condemned  bv  the  Lords ;  of 
when  the  House  of  Commons  coni- 
phaifdj  an  ocder  was  made,  that  no  such  thing 
ibonM  be  done  for  the  future.  Now  that  re- 
hiMl  only  to  proceedings  at  the  king's  suit : 
bat  it  ooidd  not  be  meant,  that  an  impeachment 
from  iJbe  Commons  did  not  lie  against  a  com- 
Msner.  Judges,  Secretaries  of  iState,  and  the 
Uad  Keeper  wero  ofWn  commoners :  so  if  this 
aas  good  law,  here  was  a  certain  method  offered 
lathe  eomt,  to  be  troubled  no  more  with  im- 
by  employing  only  commoners. 
the  peers  saw  the  design  of  this  im- 
and  were  resolved  not  to  receive 
it:  and  m  made  use  of  tliis  colour  to  reject  it. 
Upsli  tftst  the  Commons  past  a  vote,  that  jus- 
tioe  was  denied  them  by  the  Lords :  and  they 
iko  voted,  that  all  those  who  concurred  in  any 
in  tryiag  Fitzbarris  in  anv  other  court 
betrayers  of  the  liberties  of  their  country. 
**  Pitzharris's  trial  came  on  in  Easter  Term : 
rbgga  was  turned  out,  and  Pemberton  was 
chief  justice.  His  rise  was  so  luirticular, 
Ihat  it  ia  worth  the  being  remembered :  in  his 
vooth  he  mixed  with  such  k'wd  company  that 
ae  aoickly  spent  all  he  had  ;  and  ran  so  deep 
ia  debt  that  ne  was  cast  into  a  jail,  where  he 
ky  many  yean :  but  he  followed  his  studies  so 
doie  m  the  jaD,  that  lie  became  r»ne  of  the 
allest  men  of  his  profession.  He  was  not 
vbiDy  for  the  court:  he  had  been  a  judge  be- 
fttVi  and  was  turned  out  by  Scroggs's  means : 
nd  now  he  was  raised  again,  and  was  afler- 
Vudi  made  chief  iustice  of  the  other  bench : 
lot  not  being  compliant  enough,  he  was  turned 
Mt  a  second  time,  when  the  court  would  be 
aerved  by  none  but  hy  men  of  a  thorough  paced 
obsenuioasness.  Fitzbarris  plcarled  tlie  im- 
pOKamenl  in  parliament :  but  since  the  I/>rds 
nd  thrafwn  that  oat  it  was  over-ruled. 
•I  Fhsharris  was  tried  next:  and  the  proof 
full  tha)  be  was  cast.    He  moved  in 


against  receiving  of  the  bill,  desired  the  opinion 

court  that  I  nkight  bo  ordered  to  coiue  to  hun, 
upon  what  reason  I  could  never  ini»i;ine :  a 
rule  was  made  that  I  might  s|)eak  to  i»lni  in  the 
presence  of  the  lieutennnt  of  thi*  Tuwer.  I 
went  to  him,  and  presscti  liini  veliemoutiy  to 
tell  the  truth,  and  not  to  deceive  hiiiiselt'  Vi  ith 
false  hoi>es.  1  charged  him  wiili  the  inipru- 
babilities  of  his  discovery-  \  and  laid  home  to 
him  the  sin  of  peijniy,'  cljioH^  iu  nuitt«^rs  of 
blood,  so  fully,  that  the  liimtenaiit  of  the  Tower 
made  a  very  Just  report  of  it  to  the  king,  as  the 
king  himself  told  me  afterwards.  \Vlien  he 
saw  there  was  no  hu{ie,  he  said  the  lortl  Mow  • 
ard  was  the  author  of  the  libel.  Howard  was 
so  ill  thought  of,  that,  it  bein^  known  that  tli;'rc 
was  a  familiurity  between  Fit^liarris  and  him, 
it  was  apprehended  from  the  bt^inuiug  that  he 
was  coucenied  in  it.  I  had  seen  him  in  lord 
Howard's  company,  and  had  told  him  how  in- 
decent it  was  to  have  such  a  man  ulHjut  him 
he  said  he  was  in  want,  and  was  ms  honest  &s 
his  religion  would  suilir  him  to  \n\  I  i«i uud 
out  afWrwards,  that  he  was  a  spy  of  the  lady 
Portsmoutli's :  and  that  he  had  earned  lord 
Howard  to  her:  and,  as  lord  Howard  himself 
t«>ld  me,  she  brought  the  khig  to  talk  with  him 
twice  or  thrice.  The  king,  as  he  said,  entered 
into  a  particular  scibeme  with  hiiu  of  the  new 
frame  of  his  ministry  in  case  of  an  agreement, 
which  seemed  to  him  to  be  very  ne^r.  As  soon 
as  I  saw  the  libel  I  ^vas  satistied  that  U;rd  How- 
ard was  not  concerned  in  it:  it  was  bo  ill 
drawn,  and  so  littlo  disguised  in  the  treasonable 
part,  that  none  but  a  man  of  the  lowest  form 
coukl  be  capable  of  making  it.  The  report  of 
lord  Howards  being  cliai*gcd  with  this  was 
over  the  whole  town  a  day  before  any  warrant 
was  sent  out  against  him';  which  made  it  ap- 
pear, that  the  court  hail  a  luind  to  give  him 
time  to  go  out  of  the  way.  He  came  to  inc, 
and  solemnly  vowed  he  ^^'as  not  at  all  concerned 
in  that  matter:  so  I  advised  him  not  to  stir 
from  home.  He  was  committed  that  night :  I 
had  no  hking  to  the  man's  temper :  yet  he  in- 
sinuated himself  so  into  me,  that  without  lieing 
rude  to  him  it  was  not  posvihle  to  avoid  htm. 
He  was  a  man  of  a  pleasatit  conversation  but 
he  railed  so  indecently  both  at  the  king  and  the 
clergy,  that  I  was  very  imea-sy  in  nis  com- 
panv  :  yet  now,  diirin;;  his  imprisonment,  I 
did  him*  all  the  service  I  could.  But  Algemoon 
Sidney  took  his  concerns  and  his  family  so  to 
heart,  and  manage<l  every  thing  relatuig  to  him 
with  that  zeal,  and  that  care,  that  nttne  but  a 
monster  of  ingratitude  could  have  made  him 
tlie  i-etum  that  he  did  afterwards.  When  the 
bill  against  lord  Houard  was  brought  to  the 
Grand -Jury,  Fitzharris's  wife  and  maid  were 
the  two  wftiiesses  against  him :  but  they  did 
so  evidently  forswear  themselves,  that  tin;  At- 
torney-General withdrew  it.  Lord  floward 
lay  in  the  Tower  till  the  Michaelmas  tenu : 
and  came  out  by  the  Habeas  Corpus^    1  went 


2  i7  ]         STATE  TRIALSp  33  Ch arlbs 

orthomiirt  then>in;  which  Mr.  Justice  Jones  J 
aloiieihiniiflit  not  tit  to  tfi^e,  but  onlerrtl  them 
lo  attoiitl  H»v!  fl.iv  when  tho  court  was  full. 

And  atrotiliii-.'-'iv  on  ThniMlay,  Ai»ri!  '28,  the 
will  cniiid  ]\\r\  vlwuv  lo  the  Kir.  aiu!  .^Ir.  Mi- 
charj  CltHlfivv  (hroilv  r  to  sir  Kihnuiidhury 
Goilth'v^,  \\\\o  \i-a>  tht'ir  lonnuan,  adJres^l 
hiinsk>lt  thus  to  ihe  i'oiirt :  • 

.^Ir.  OiKJf'rty.  >Iy  Ii>nl,   I  hare  an  hum  Wo  ; 
rei|utst  to  niako  to  *the  Court  on  the  bthalf  uf 
iuysi>]t«  and  ant^thtT  on  the  behalf  ol*  tho  i;rfuid 
jury  ilir  the  tvnnty  i»f  Middk>se.\.   of  wliich  I 
aui  toiemun.     lliis  qcntknnan.   Mr.  Wanl,  I  ' 
did  ky  of  when  I  was  swmni,  t«>chnso  anoiher  : 
nuui  thai  was  nii.r  for  the  s*»nicts  as  beinsr  . 
inort*  exjHTicnosl,  hut   lio  w  nu!d  n^t  :  and  I  ; 
heyr  your  |Mr«lon.  if  I  >]ion!i!  O'umvit  anv  fai-  I 
luiv  for  wani    of  cxyo.  i«  luv.     I^u  1  dcsirc,  '. 
hcton-  wo  J.r^.H^vd  u\*on  iWn,  litdtrtnient  bffnre 
us  that  ihi«i  'sanie  K:!/lv.:rr:s  inav  U*  e\ainine<l  " 
nlH>ut  my   lfcn.|!it»r's  doaOi.  of  which  I  sup^Hi^e  \ 
he  raav  know  mv.oh,  Uimuso  in  the  printed  1 
Narrative  he  does  si<eak  of  one  De  Puy,  who  ■ 
vas  a  very  active  n>an  aSt»ui  that  niur.ler  ;  ami ' 
how  ill  a  luan  s^**- » or  ho  hath  K^en,  ^re  d'»  hope  I 
he  hath  w  n!uch  tniih  in  him,  as  to  ull  whit  ' 
he  kiHw\s  of  thai  horrid  irimler.    Tlien  fore  1 
pray  your  kmtsiii,*.  iliat  you  o  ud*!  srrant  an 
liaivus  Corpu*  lo  frtch   hiui  Mi«r\'  \our  lortl-  ; 
»n!;»  lo  V  e\u!uuK\l  uinm  i\\ax  jKnr.t  Ufor^'  we  '■ 
do  piXHveil :  that  is  all  as  to  m\  s<  If.    ^ly  lonl.  ' 
•s  ti»  ibc  Junk".  »4«  do  aU  of  :i«'hair.h!y  |«rcsof»i 
tliis  !\%jv:T.  ai;v!«Usir\»  i?  iua\  Nf  rtr.«l  i  i  C'-'urt.  . 

L.  C.  Jms:.'-'.     ^S'r    Fr-i ::*..*    IVtiiiHTto:).)  . 
Uhai  is ii  ;  a  p^tiiu^n  *  \ 

I 

no  imtiv  t^  Fi!/harvt> :  hv.'  Hawk*»v*  ihe  iri- 
iu«ter  of  the  Tower  i.*>K  h..u  iiit;>  h.s  :r..'.:  .ic  - 
meiit :  acdiMrtxaik^  »iih  hvw  vy-i  e-'y  to  ti^ .} 
•U  hv  liiNiuinr  diaJtvver> .  Irt  :.i  U\  ,t"'n>  l-  w- 
liMi,  Thfby,  and  the  !^?':i  '-i.  is  .i  *i:N»r:\;!.'"  . 
ot'thx'trs,  ihc'.iiTh  is  wu*t\:l«iji  ilut  w-is  :'u- 
pmesiNeio  Sr  ir.;o  \et  .m  liu-  siime  t.'v:  \,: 
writ  lettefs  t»  his  wif..  w'l »  v  2s  r.-.t  il-.f.  d  ^- 
■lictetl  to  hiw.  whi^*h  I  sLi^»  a*'.ii  r^.; !.  •.-.  wh:.  '\ 
he  iv«Ki  her.  r,-.'»  he  i»i#  ••.—«. IK*!  '.'.lvp  v. ••';•. 
the  hi>ivs  of  Iro.  He  erju-ir^**  "-.r  tv»'j-*K-; 
fi?^i>  .iiT-*^-'**  n*Hie :  ore  •*?  iru'^*  wj.*  ^»''.: 
that  *er\  vH'-ir;^  la  *»lv.eh  lu  "i-.-Tcrt'l  ir-* 
vot  KYre  l.v  ^.is  Uvl  ci.:  '  ••  "i^.*v'.  .',  r.c-.» 
papvr  iwrJU'-iF'-c  "^^' T"''r.v.T  ^rj:»^f  rr"  sv."«*r- 
liifvci.  ;»"^*  r».5  y-  :'  H.»v«*v  >\  ^ .«. '*.  \^'i 
act  Ta  Mirr  *H  rxTlrr*.-:  -!  •  i  ■  : '  s;.»\  i:-  :Nji: 

|M{wV,  \^ •  I' ch  « J -i  *•'■::•.■•'"  •  .  \  r.'N":  •'  but 
ftw  fjiKth-sM  -^^  *:  ^»is  s  »^.•-\  •'•■?.  -•■  i>i^  I'M 
it  «h«we\i  »hi£  .1  ">  ^  »*:'  •:::  Hi**'*..  -»  ^*i> 
ir«<  he ''♦as  >«H»i»  J':  .-rx.%*ir-:«s!  f-.  r  t'"-*  «tK 
the  deaiirv  •??'!'  • '"  «^*-r  !»■/.:  whe:'  !^^  .-  ■  rr 
|k««n!  i»has  vn^r^  Ir  "-s.  .•.  ^>  ''.'-♦  m  -t  "•  > 
wi^  tiH*%  v»-."re  o'c''»i!:-tV  ■•  ;    ^y    »     ■  ■  - 

nr«cC:%«i  **a  hxr   ■■  ■_:••  ,'•.  ■   ^jl  .  *  j  ~^  -  ^ 

Mr.  thar  sh*  -it-ii-rr*:-  .  r  .X->..'u:"    *  -.  '  -^ 

f^U.  tfai^  L?!i*  "^tisje  iru.* ■•..»:*.  "-"!?•■■•'  •■.: 

^r,  X^.  5v;*. 


II.  l6BU—Preaedmgs  0g0hi9t        p4B 

C/.  ofCrowH.    It  b  not  snbscnbed  by  wof 

body. 

Jurors.  But  we  do  all  own  it,  mj  lord. 

L.C\J,  What  is  it?  Read  it. 

CL  ifCfown.  "  We  Michael  Godfrey,  te. 
heinir  sworn  to  seire  in  the  grand  inquest  fa 
tho  hundreds  of  Edmonton  uid  Gore,  "^ 
couniy  of  Middlesex,  vc.  and  beinff  ycstad^ 
sent  l«)r  into  the  Court  of  Kin^'s-wneh,  hyi 
mossen'/f  r  from  the  said  Court,  to  be  prewBliI 
the  swearing  of  several  witnesses  prodiKedfli 
the  behalf  fv{  our  sorereiffn  lonl  the  king,  M 
prove  the  tn:th  of  Sf>me  fudicimentSy  then  ii 
the  h-nds  of  the  Clerk  of  the  Croiro  ;  and  *• 
ser^insT,  that  sir  WilUani  Waller,  Smith.  mJ 


^«A 


othors,  were  sw<im  to  give  cndcnoe  ^^ 
Kdwanl  Fii/.harri»,  now  prisoner  m  the  Imai 
who  in  the  late  parliament  at  Oxford,  WM  ■* 
iv'acht  d  b\  the  honourable  House  otT 
m  the  naine  of  tliemselvcs,  and  of  afl 
nions  of  Engrland ;  of  wbicb,  we  the 
chael  Godtrey,  Sec.  are  part,  and  aa  ji 
lie  his  iudses*il5o. — We  therefore  hon 
siro  the  opinion  of  this  honouiaMe  Court, 
ther  it  be  liuful  and  sate  for  us,  the  nklGai- 
ftev,  -Vc.  .in  L-ase  an  Indii-tment  of  the  ail 
F!r/.harri>  should  be  bromht  beHne  as)  tafi^ 
ct»c\l  to  exaiiii'ie  any  witnesses  in  ivfemMe  t| 
tlie  sait?  In-.ltctmeni/or  any  way  to  meddle  wak 
ii.  or  [troceeiil  unon  it.  noiw  iihstanding  the  wM 
lm'x*acliraent,  and  Witi-s  pursuant  to  it  by  ifat 
sa'il  lH«uoura>Ie  House  of  Cvowboitt?  And  Ail 
Sv  i:  ^-  a  STVui  \»»>ii.i  in  law.  and  of  so  gnai  i 
O'TiM'^'iviKV  t-r  r.*  X''^  undertake  in  a  pourtrf 
r\;Ii;  no;  <tHkd  h\  onterence,  and  rPtnaiaiBg 
\«.f  nnt!'-ttrniiT»e<l  .a  ilie  hii:ii  Court  of  Pufia* 
liiv'.kt. — We  thentor^  h;u>-.<ly  desire  the  Ofi- 
TiiO!!  o(  fr.i*  Coi:r«  i.^xi  the  «  hole  matter,  Whe- 
:hi:  ku'ii'y  2!. J  TKiiViv  we  u-^y  pn^ceed  to  fioA 
ii,:  iinl.  I'-i".-  r.i  't  rif/hATTi<.  or  no."' 

>l7  i..  >Iy '.  nt,  we  .!.»  humbly 

i*ie  rv*.*.  ■.  ■ .!  ••:  I.  V'  l'«>.in  ;a  this  matter,  as  a 
:;:.•  ^  ^ !  aei  jl:i :  !  "r  w :  on:  N: t ween  two mil- 
*:  •.  o^.  AS  v.v  i-i.  tl.ir.U  :'.  and  shall  be  grourf 

1    C  J   l.'vk  y  ti.  •^•.uTlemen  of  thejoiy, 

-1  :•"<-.  I- -■■';■-:  .  S.r R'Ncrt Sa^'er.)  My 
'.■^-•.  .^  :  .%.-<-•'. :  ^  srarx  ii'.t  ■:ce  i»i»rd  :  ihisIiH 
y.w'.r.'^--  n  ;*  :ji:.7v».iT».-  th>  jrnn*!  jurryes- 
'.i  n.:  :•. .  •  •  I  '.  •-  s  .;-> .  ''e-ri::  «  as  di^^nst  ampt- 
.r  c'l;':'  ■  .  '  .  »•-  ""it'-  y-i""  jji^iTieni-  and  is 
\%^rt'  ts  .'  r-.-TV  :  -  ..•  r^r  i!'.  I'.ia:,  the  body  rf 
t^ie  I',  ^-i^o.  '.  J-  L-i  i_^e-«<.  :bnrt"  lo  hear  the 
b'^i.-T  .t  V.  .nf*.!  i- Mr  >'A".:..r  andnysdf 
o-.'i  i;*'    .:  .>■•"  '.'.  :  .Lce.   ar.*i  «peDt  sans 

i.r-v-    •  •     •     ^  ■•  -  .  i:»J  LI  was  all  givCB. 

■  ■  t->         •    •:-'.-...  ^  'jea-t:?!  d*d  seents 
■«.  x-\'         •  V    >»  "o"  ^*  .i:  i-\  h«KTid  viBaifly 

x  ijurv  v.Mild  bavte 
'  -.  V  :  "  ,  ■•'*•.:■>  tf.-y  ha^e  lae- 
•■   i-    /u.  :*  ^.   *^.-r      ^s  —z''  the  otben 


\*  i-i. 


•«.■■ 


I  •. :.  % 


V  -     \r:..rLey,  we  will 

*.  ■:  .i-.ic«i>  i:  c'f  the  jury, 

•  -  ^  -iutTcr.  and  iesns 


STATE  TRIALS,  33  Charles  II.  iGSU-^Edward  FUzharris.         [250 


Uy  proceed  to  find  tliis  indictment  or 
Ld  Dew  yesterday  of  some  scruples 
to  my  brotlier  Jones  when  you  were 

I  lie  sat  in  Court  to  ^ve  you  the 
ich  be  thought  not  fit  tlien  to  ansM  cr, 

II  lo-dav.  TVuly  we  would  have  all 
y  and  clearly  done,  that  we  may  un- 
*w  tie  ^  all  alonii^  in  this  matter. 
le  is  thu  :  Here  wa«,  you  savi  an 
ent  offered  affaiust  Fitzliarris  by 
»ns  to  the  Lords,  and  that  Impeac^h- 
r  hi<^h-treason,  wliicii  was  not  re- 
lberpU|Hm  there  was  a  Vote  of  the 
ommons  that  he  kIiouUI  not  be  tried 
it  inferior  Court :  you  desire  now  to 
iicr  you  may  enquire  concerninsf 
,  notwithstanding  these  tlu:i<rs  that 
I  thus? 

f'rey.  Yes,  my  lord. 
We  are  very  ready  and  willing  to 
of  the  king's  subjects  in  any  matters 
t  before  us,  tliat  they  muy* see  there 
tltiDg'  but  fair  proceeding  in  ail 
do  tell  ^Hw  it  is  our  opinion,  that 
diug-  any  thing  of  this  matter  that 
t  in  the  case  before  you,  it  is  lit  for 
ire  ufion  the  Indictment ;  and  you 
o  enquire  by  virtue  of  your  oaths,  if 
nt  be  exhibiteil  to  you :  you  caun(»t. 

0  take  any  notice  of  any  sneh  votes 
le  of  Commons  aOcrwards,  if  any 
J^ere,  ft»r  tliey  will  not  excibe  Y'»" 
vam  to  enqufre  of  the  matters  pven 
ge),  in  case  j-ou  do  not  your  duty  ; 
ne  if  you  haveevidencccnonpfh  given 
ify  you  that  the  Indictment  is  true, 
iiid  it.  And  hkcwise  we  ouirht  to 
ording  to  jitstice,  in  cases  that  arc 
(ore  us.     Neither  \  ou  nor  we  can 

of  these  things,  m  caM?  there  be 

(  you  suggest ;  nor  will  they  excuse 

Ml  or  man  for  tlie  breach  of  our 

afuHild  do  the  contrary.     AndthiK 

to  you,  not  only  as  our  opinimis, 
ipuiion  of  all  the  iud^^es  of  £ii^^- 
whcfu  we  did  hear  there  was  a  srru- 
y  yon  the  gentlemen  of  the  jury,  be- 
rouhl  make  the  way  fair  and  clear, 
es  did  assemble  to  debate  the  matter 
isfaction ;  not  that  we  were  dissa- 

1  in  it  ourselves,  but  that  it  miglit 
-ou  and  the  kingdom,  that  there  is 
i  fairness  used  in  this  case,  as  in  all 
d  all  the  juflges,  nem,  con,  were  all 

that  you  are  not  to  take  notice  of 
m  Kbingi ;  but  if  the  Indictment  be 
nd  you  have  evidence  enough,  you 
■d  iL  This  we  have  endeavoured 
iifrction,  to  make  your  way  clear. 
ifcliuinbly  thank  youi*  lordship. 

■ 

hbiory  went  away,  and  aftenvards 


w 


99, 1681,  sir  Tho.  Strinifer, 
■Btat  law,  moved  for  an  Hal)euK 
gvptbe  body  of  Eilwanl  Fitz- 
— = — '  by  the  Court  tOiOut  the 


death  of  sir  Edraundbury  Godfrey.  The  Court 
granted  the  writ,  and  said,  he  should  be  ar- 
raigned u|H)n  the  iiulictment  against  him,  and 
then  tliey  would  examine  him. 

Saturday,  April  30,  Edward  Fitzharris  was 
brought  with  a  strong  guard  to  the  King's- 
beuch  Court. 

Sk-rj.  Stringer.  Your   lordship  hath   been 

{deased  to  grant  an  Habeas  Corpus  for  Fitz- 
larris,  andlie  is  bi-ought  up,  and  attends  here. 
L.  C.  J,   We  will  send  for  Mr.  Attorney, 
brotliei*. 

^V'  J^tria.  I  begthis  of  your  lordship,  that 
you  will  be  pleased  to  stay  a  little ;  1  know 
not  how  he  comes  to  be  brought  up  liere  ;  Mr. 
Attorney,  it  seems,  says,  he  knows  notliinir 
of  it.  ^ 

L.  C.  J.  IVell,  well ;  send  for  Mr.  Attor- 
ney, brother,  and  hear  what  he  says. 

Which  being  done,  and  Mr.  Attorney  come 
in,  the  prisoner  was  broughtto  tlie  bar. 

Serj.  Strinjzcr.  My  b»rd,  I  would  humbly 
move  lie  ma}  be  bi-ougkt  into  Court  to  be  exa- 
mined before  he  l>e  arrai'^iied. 

L,  C.  J.  W  hy  so  ? 

Scij.  Stritiger.  My  lord,  we  would  have  him 
(examined  concerning  sir  Edmundbury  God- 
frey's death. 

L,  C.  J.  What  matters  it  ?  That  may  be 
done  al\cr  as  well  as  belorc. 

Ci.tfCr,  Edward  Fitzharris,  hold  up  thy 
hand. 

Fitzharri$.  My  lonl,  1  have  been  a  close 
prisoner  these  teii  wef>k.s,  and  have  not  had  the 
liberty  to  see  any  one  in  tlie  world  :  I  desire  1 
may  have  liberty  to  see  my  friends,  and  speak 
vt  itn  them,  before  1  do  answer  to  any  thing. 

Mrs.  Fill  fiat  ris.  My  dear,  plead  to  thejuris- 
didion  of  the  Court ;  Lore  is  a  plea  drawn  by 
coniiHplforyou. 

L.  C  /.  You  had  best  consider  well  what 
you  have  to  do. 

Fitzh,  My  lord,  I  desire  this  I'aper  may  be 
read  by  tlie  clerks. 

Justice  Janes.  No,  no:  tlmt  cannot  be  till 
you  have  answered  to  y(mr  uidictnieiit. 

Ci,  oJCr,  Pull  ofi'your  glove,  and  hold  up 
your  hand. 

Fitzh.  My  lonl,  I  desire  leave  to  plead  to 
the  jiuisdiction  of  tlic  (Jourt. 

L.  C.  J.  You  shall  have  it. 

Fitzh.  I  desire  tliis  plea  may  he  allowed. 

Justice  Dolben.  Hear  yuurlndictment  first, 
and  plmd  ailerwanls. 

I,.  C.  J.  Look  you,  Mr.  Fitzharris,  let  us 
thus  far  dii-ectyou:  your  ludding  up  of  your 
hand,  and  hearing  the'lndictment  read,  win  not 
hinder  you  from  any  manner  of  plea  which 
you  may  have  to  make  atlurwards ;  but  you 
can  plead  nothing  befoi*e. 

Ci.  of'Cr.  Pull  oft*  your  glove,  and  hold  up 
your  hand  (which  lie  did).  And  then  the 
Clerks  of  tlie  Crown  n^ad  tlie^ubstance  of  his 
Indictment  to  him  in  English.  And  then 
speakuig  to  liiui,  said,  Howsayeat  thou,  Edw. 


951] 


STATE  TRIALS,  33Ckaeles 


Fitzharrii  ?  Art  thou  Ovalty  of  thuhigh-trea* 
■on  whereof  thou  itmndeet  indicted,  and  hast 
been  now  arraigned,  or  Not  Guilty  ? 

Fttih.  My  lord,  I  offer  this  Plea  to  he  read 
fint,  before  I  answer. 

L.  C.  /.  That  plea?  Take  his  plea:  let  us 
■ec  what  it  is.    We  take  it  to  read  it  now. 

Justice  JoHfi,  Not  to  allow  it. 

L,  C  J.  Only  to  see  what  it  is. 


CL  qfthe  Croa^n  reads, 

*  Et  precd.  Edwardus  Fitzharris  in  nnmria 
persona  sua  venit  et  diet,  quod  ijise  ad  Indict- 
ainent.  prfl*d.  modo  versus  euin  per  jurator. 
pncd.  in  ff)rina  pned.  compert.  respondere 
conipelli  non  debet,  quia  dicit  quod  ante  In- 
dirtauient.  pne<l.  |m.t  jurator.  pned.  in  forma 
nru-d.  ci>m|M'rt.  si'il.  ad  parliam.  0om. 
Ke^N  nunc  inchoat.  rt  tent,  apud  Oxon. 
in  C*o!n.  Oxon.  fil  Die  Nartii,  Anno  lleg. 
Dom.  Caroli  Sccundi  nunc  Regis  Anglis, 
^e.  Tricesinio  'IVrtio,  ipse  idem  Edwvdus 
Fitzharris  p<'r  Militos,  Cives,  et  Burgens.  ad 
idem  Ihu-lianieut.  ad  tunc  et  ibid,  convocat.  et 
assenihlat.  de  et  pro  pra'd.  prodition.  Crimini- 
hus  et  OlftMis.  unde  i|iMe  idem  Edwardus  Fitz- 
harris iMM*  Indiftament.  pned.  modo  indictat. 
cxistit  setnmduin  I^iyeni  et  Consuetudinem 
Farliamrnti  atvusat.  et  imi»etit.  fuit  coram 
Ma^fnatibuM  e t  Pruivribus  tiujun  Regui  An- 
^Utc  in  txHleni  Parlianionto  per  Summonition. 
i|isins  Dom.  Kt'i'fis  ad  tunc  et  ibid,  asflcmblat. 
Uumlq;  iniiM*tiuo  \mvx\.  in  i^lenis  suis  robore 
et  ellVvtn  adhur  ri'maui^t,  sicut  fier  reconl. 
indc  in  Cur.  Wirliamout.  nned.  remantm.  plo- 
nius  liifui't  ti  apiHin^t.      Et  idem  Edwardus 


Fitjcharri^  uhmins  dirii,  nuo«l  si  quis in  aliquo 

s  nnjus  Ue^i  Angliie 
lie  ahquibus  IViMliiionibus,  Criminibus,  et  Of- 


Ihu'lianuMiio  Dom.  Ke^is 


ttnisis,  jMT  ^lilitc^s.  Chives,  ot  llurj^ons.  sd  hu 
jusmmli  Ihirhament.  i*ouviK*at.  et  assemblat.  in 
h^|u»miHli  Parliamom.  accusal,  ot  im|N*tit.  fuii 
civam  ^Ia4:natibus  vi  IVix^bus  hujus  He^i 
.\nt:fli«^  in  ct^lcni  l\ur1iament.  per  (^ummonit. 
ipaiun  l>(Hi).  U<yis  aMomblai.  tunc  hujiisnuHli 
rixMition.  I'rimina  et  Offimsade  ct  pro  qui  bus 
hi^iiisiiKMli  persona  in  hnjusmoili  IVliament 
Monat.  aft  napsM.  fiiii  in  I 


«sr 


IVurliainent.  IVun. 

_         _      audiri,  triari.  et  ter- 

Ikfft  MBipcr  hai'tenus  c^Hisue- 

'  JM  MMruttl,  et  mm  alibi  m 

irer.  quam  in  l^urlianioui.     Et 

tardus  Fitsbarris  i^arat.  est  iy- 

AOB  iDleiidit  tjiuod  Uominus  Rex 

Cur.  nunc  hic  <le  ec  pro  l*Kidi- 

ouB,^  el  Ofiens.  nnv^l.  ncsponden, 

•  «i  ipse  ad  IndKtaiueiit.  pnrd. 

i.  in  fbniia  mwd.  Mwupen.  ul- 

«  omMtti  Mrssi,  5£r.    i\nu 

BdwHuna  Pitsliarrttt  %enticare 

^Jilin,CriHMina>  e«i>dRx%s.  piu>l, 

-  fntiL  fsr  jwrahw.  praol.  in 

ft^yritkat.  ec  meutiiMMt. 

•  Umr  Kilviaixhis  Fiiaham* 

mfKL  iwaAtf  MiJUciat    e\tsiH. « 

1  91  mftrw.  pn»  auibiis  ip^r 

I   nukMTM  ui  ru'hamMM. 


*  pmd.  in  forma  pned.  fnawal.  et  tnijjelk.  fisi, 

*  et  existit,  rant  unnm  et  eadem  Proditio^  Crioi- 

*  na  et  Oflens.  eC  non  al.  neque  dhrom,  qfNdk 
'  iropetit.  pned.  adhuc  in  nmis  rab  nibara,?i. 

*  gore,  et  eflhctn  remanet^ 

L.C.J,  LookjooyMr.FitidMnriiyMferAii 
pleading  here,  we  UM  not  to  receive  raoh  pUk 
mg  as  wis  without  a  oonod's  hand  to  it 

Fitxk.  I  deaire  your  kHeliip  to 
counsel. 

X.  C.  X  Who  would  you  hato 
counsel? 

FUzh.  Sir  William  Jonea,  sir  Franoii.  Wa* 
nington,  sir  George  Treby,  Mr.  Wilfiam^  Hh 
PoUexfen,  Mr.  Wallop,  and  Mr.  Smilb. 

L.  C.  /.  Here  are  a  great  many  you  ■mi' 
we  will  not  enjoin  any  counsel  to  aervt  "yii 
fiurther  than  they  arewillin||^  themseheei  M 
for  sir  Wilham  Jonee,  one  en  than  you  daifaa 
he  does  not  practise  now  in  Wrnlmmalni  mj 
and  therelbre  we  cannot  aaign  yon  him  ate 
he^eaae. 

FitMk,  Then  I  denre  ■v  Franca  Wmng^ 
ton,  Mr.  WiDiaiiis,  Mr.  PbOexfen,  BIr.  Wate 

L.  CJ.  Let  tbcm  be  laigned  rfoomwlfc 
him.    We  do  aMign  yon  them  for 

And  now,  look  yon,  Sv,  yon  had  beat 

how  jon  plead  this  matter.  Yon  will  da 
tothmkofitflestitbeniorefirtalto  yon  i 
you  expect ;  therefore  we  will  gifo  yoniaa 
to  plead  the  matter  you  rest  upon,  let  il  he  whril 
it  will:  we  will  gire  you  time  to  havoadnoi 
upon  it,  and  you  shall  oe  brought  Udicr  tgihi 
on  Tuesday  morning  by  rule.  And  in  dienai 
time  things  shall  stand  as  they  do ;  BIr.  AMk^ 
ney  ^ill  consider  upon  the  putting  in  of  yov 
plei,  what  is  (it  to  be  done  upon  it. 

Fitxh.  My  tord,  I  humbly  desire  the  Iftflrfy 
to  see  my  wife  and  Iriends  m  the  mean  time. 

L.  C.  'J.  3Ir.  Attorney,  why  may  not  hi  w 
his  wife,  so  it  be  done  m  the  preaenee  of  aoas 
|>ers<>n  eatrustevl  by  the  lieutenant,  to  aee  ihrt 
noUiing  be  done  that  is  prejudicial  to  the  kiagf 

Att.  Otn.  I  cannot  oppose  it,  my  Lord. 

Fi:zh,  I  desire  my  counsel  may  come  to 
me. 

L.  C.  J.     Mr.  Fitzharris,    we  wiU 


couum4  to  ctune  to  you,  or  else  it  wiU  do  m 
no  good  to  assign  them ;  all  we  can  do  ihaBk 
done. 

At:.  Ofn.  My  I/knl,  with  submiaBian,  I  em- 
cei\e  you  will  not  alk)w  any  body  to  cone  to 
him,  \o  be  alone  with  him  ;*  that  wooU  be  lb 
way  to  (Hv^eul  the  discorcry  of  the 
he* is  accused  cf:  I  hope,  if  your 
shew  him  taT«Hir.  you  will  «1o  the  king  juste 

r.tik.  My  Lt^nl'.  1  be«rthaianyormMete 
haw  lw«n  named  msv  come  to  me. 

L  C.  J-  \cs^  \htie  four.  And  Mr.  AUnv 
nc\.they  srv  f^iri^k-uien  of  fair  credit  and  ft* 
putauoQ*  13  ih«^  w  otUX  :  w-e  hare  no  luiliiriM 
ihai  they  "dl  d^t  sny  thing  unfoiriy:^  wist 
nc  «*ao  'Vi&!a«<vsbi\  do  tvT  asT  man  inluBcm^ 
diiK^a.  «  «*  mu«i  tv 

.4..-  o«v  M>  lAvr.l.  1  am  not  agaiDitihiti 
Sol  1  wkv^M  haic  all  done  sat'tlj  and  wnatif 

KY  the*  ki:^. 


STATE  TRIALS,  SSChaHlbsII.  l6si. ^Edward  Fttzharru.         [254 


My  Lord,  I  have  one  things  more  to 
time  yoar  lordships  have  set  is  so 
thej  cannot  come  to  me  perhaps. 

It  is  kmg  enough,  Mr.  Fitzharris. 
f  I  caAttot  gret  them  to  come  to  me  in 
irhatsbaUldo? 

You  must  do  what  you  can ;  we 
)in  them  to  oome  to  you. 
I.  This  motion  of  his,  I  fear,  is  de- 
ut  ofl*  his  trial. 

It  shall  not,  Mr.  Attorney.  It  is  true 
'  time,  the  middle  of  the  temk ;  but 
lire  find  time  to  dispatch  this  business 
time  we  hare  allotled.  On  the  other 
time  they  must  have  to  consider  of 
eref«nre  tell  him,  it  may  be  fatal  and 
y'to  him  ibr  aught  I  know.  Indeed  if 
insist  upon  it,  we  might  compel  him 
^  presently,  but  that  we  will  not  in 


Pray,  my  lord,  give  me  till  Thurs- 


I  Know  it  is  time  enough  for  coun- 
w  up  a  plea  between  this  and  Tues- 

To-moTTOw  is  Sunday,  my  lord, 
cnnnot  oome  to  me  then  ;  so  I  shall 
me  day. 

>Ir.  Fitzharris,  it  is  time  enough; 
ml  waste  the  term ;  for  as  we  woiUd 

all  the  favour  we  can  in  equity  and 
I  we  must  not  deny  the  king  justice 
And  you  hear  Mr.  Attorney  say,  that 
|s  (if  they  should  delay  the  business 
■roald  be  prejudicial  to  much  of  the 
neas.  It  may  be,  that  this  dilatory 
qpend  so  much  time  of  the  term,  that 

try  it ;  and  therefore  if  we  do  give 
mr,  vou  must  not  grow  upon  us. 
«.    Mr.  Fitzharris  knows   this  plea 
well  advised  on :  There  went  a  wnole 
i  making  of  it. 

How  should  I  know  ?  I  never  saw 
of  it  till  now.  I  have  had  the  sever- 
ne  In  the  world :  I  have  had  no  body 
I  come  to  me. 

'.  Do  not  complain  of  severity,  Mr. 
.  I  do  not  believe  any  such  thing 
used  towards  you. 

Pray,  my  kurd,  give  me  a  little 
le. 

.  Mr.  Attorney,  what  if  we  do  this  ? 
;  Toa  the  plea  upon  Tuesday,  he  may 
■  Wednesday  morning  to  put  it  in. 
m,  I  eannot  oppose  it,  if  your  lord- 
lit  so  to  orderit. 

JIpIIw,  It  is  fit  you  should  have  it  to 
B,  Atloney,  before-hand. 

Jnss.  And  have  some  reasonable 
■HUmtiflD  what  to  do  upon  it. 
K  -  Wdl,  delivering  of  the  plea  on 
tfMBing  to  Mr.  Attorney,  we  do  give 
Hliy  to  bring  it  hither ;  and  then  you 
*b^  r«le  again. 

J  Ind,  I  hope  I  shall  have  the 
■gr  wife  this  dav. 
»  ati^  it  wowMiilte  nogn^  when  there 


may  be  somebody  by,  to  see  that  nothmg  be 
done  to  the  king^s  prejudice,  and  your  wifer 
nmst  do  this  ;  she  must  submit  to  be  searched, 
that  she  carry  nothing  with  her  tliat  may  be 
pn-judicial.  "And  witfi  these  cautious  we  will 
admit  her  to  come  to  you. 

Litut.  of  lower.  >ViU  your  lordship  please 
to  give  us  a  nile,  to  let  his  wife  and  counsel 
come  to  him  P 

L.  C.  J.  We  do  make  such  a  rule. 

CI.  of'  Cr,  My  lord,  we  will  make  it  part 
of  the  rule. 

Lieut,  of  Tower,  We  desire  such  a  rule  for 
our  discharge. 

L.  C.  J.  8ir,  this  is  our  rule,  and  we  have 
declared  it  to  this  purpose.  Then  as  to  your 
matter,  brother  Stringer,  this  we  will  do  ;■  Let 
the  lieutenant  of  the  Tower  keep  Mr.  Fitz- 
harris salely  till  we  return  out  of^tbe  Exche- 
quer, and  then  we  will  examine  him. 

Serjeant  Stringer,  My  lord,  we  think  it  wiU 
be  a  short  business  and  soon  over,  if  you  please 
to  do  it  first. 

Fitzh.  My  lord,  I  may  see  my  wife  in  the 
mean  time,  I  hope. 

L,  C.  J.  Do  you  insist,  brother,  that  we 
should  examine  him  presently  ? 

Serjeant  Stringer,  My  lord,  Mr.  Crodfrey 
desires  it 

L,  C.  J.  Tlien  we  will  presently. 

Lieut,  of  Tower,  Must  his  lady  speak  with 
him? 

L,  C.  /.  Yes,  after  he  is  examined.  lieu- 
tenant of  the  Tower,  bring  Mr.  Fitzharris 
into  our  little  room,  wliere  we  will  take  a  clerk 
and  examine  him. 

Mrs.  Fitxharris^  to  her  husband,  (the  court 
being  jnst  risen.)  My  dear,  do  not  confess  any 
thing  about  the  death  of  sir  Edmundbury  Go({- 
frey,  nor  the  Plot,  for  you  will  be  betrayed : 
speak  only  to  little  things. 

[Then  the  Prisoner  was  carried  away  to  ba 
examined,  and  after  that  to  the  Tower.] 

On  M<Hiday,  the  Sd  of  May,  sir  Francis 
Winninglon  and  the  other  three  gentlemen  as- 
signed of  counsel  for  Mr.  Fitzharris,  came  to 
the  bar,  and  moved  the  court  for  an  explana- 
tion of  the  rule  concerning  themselves,  and  the 
business  they  were  assigrcd  for. 

Mr.  IVtUiamt.  My  lord,  1  am  to  move  your 
lordship  in  a  case,  wherein  I  am,  with  three 
others  of  the  gentlemen  that  attend  this  bar, 
assigned  of  counsel  for  Mr.  Fitzharris ;  and 
that  which  I  would  beg  for  m^-self  and  them,  is 
this :  There  is  one  thing  we  desire  may  be  ex- 
plamed  a  httle  in  the  rule.  I  humbly  appr^end 
your  lordship  gave  leave  to  the  counsel,  whom 
you  so  assigned  to  come  to  Mr.  Fitzharris, 
and  entrusted  them  with  the  liberty  of  speaking 
with  him  alone ;  but  by  the  penning  of  the  nde, 
we  apprehend  that  the  same  restraint  is  pnt 
upon  them,  that  is  upon  other  persons,  to  have 
somebody  by  at  their  being  with  him. 

L.  C,  J,  The  lieutenant  sent  to  me  on  Sa- 
turday about  it, and  Itoldhim  it  did  not  extend 
to  you. 


it55]         STATE  TRIALS,  33  Charles  11.  iGSL-^Procieiings  agahiH 

Sir  F.  Winningion.  We  think  it  may  have  a  Mr.  Wallop.  For  mv  part,  my'lord,ih< 
constniction  t^itlier  way  ;  but  we  desire  it  may  lice  1  had  was  but  very  lately :  I  wwt  by  in 
be  made  iilnin,  as  you  meant  it. 

L.  C.  J.  We  tcl(  you  it  is  plain,  and  it  was  so 
intendetl. 

'  Sir  t\  Win.  Therefore  vrc  taking  it  that 
your  lordship  pronounced  and  meant  it  so,  do 
ilesire  it  may  be  so  expressed.  IVc  are  satis- 
fied that  it  uas  your  Iordship*s  intention  ;  we 
desire  the  clerk  may  make  it  in  plain  and  intel- 
ligible words.  Aud  there  is  this  iarthcr  in  it, 
]^iy  lord 


L,  C.  J.  yiVe  declare  it  now  to  you,  it  was 
so  meant  and  int(?ndod. 

Sir  F.  Win.  My  lord,  there  is  this  further 
in  it :  We  four  have  met,  and  we  desire  as 
much  as  may  be  to  expedite  this  matter  as  far 
as  we  can,  for  our  own  reputation,  and  doin^ 
our  duty  to  the  person  we  are  assigned  of  coun- 
sel for.  But  tndy,  so  soon  as  is  ap|)oiute<l  l»y 
your  lordship,  it  is  impossible  for  us  to  prepare 
thins^  so,  as  to  bcn^ady  by  Wednes<1ay  morn- 
ing. The  plea  I  never  saw,  nor  did  I  ever 
hear  of.it,  till  it  was  brought  and  read  here; 
but  since  that,  I  have  not  seen  it  till  this  time. 
The  rules  were  brought  but  last  night  to  our 
chambers ;  there  is  no  solicitor  in  the  cause 
that  may  attend  us.  The  indictment  1  have 
not  seen*  that  we  are  to  plead  to,  and  truly  I 
think  the  course  is  to  have  a  copy  of  the  indict- 
ment. 

L.  C.  J.  We  deny  that,  sir  F.  IVinnington. 

Mr.  William*.  It  is  impossible  fur  us  then  to 
get  ready  in  this  time,  I  hunddv  move  you  will 
assign  some  convenient  time,  1  know  your  ;ord- 
bhip  will  not  ])Ut  an  linnlship  upon  us  that  art* 
of  counsel,  to  pleail  such  a  matter  so  quickU. 
It  is  a  matter  of  diiliculty,  and  there  are  n(»t 
many  precedents  in  it ;  aiitl  therefore  it  will  re- 
quire more  care  than  onlinary. 

Sir  F.  Win.  My  lonl,  we  ought  to  present 
thins^  to  the  court  as  thev  ai-e  in  fact,  that  wc* 
may  not  lie  under  any  reilectiou  from  the  court, 
nor  any  l>ody  else.  ^'ou  made  a  rule  on  S'a- 
turday,  that  I  should  l>e  of  counsel  (or  him, 
(which  1  submit  to)  but  1  kni-w  not  of  this  ti  1 
utlerwai'ds.  I  never  saw  the  plea,  nor  any 
paper  in  this  cause  as  yet :  The  rule  was  left  at 
my  chamber  tliis  last  night ;  and  when  I  saw 
it,*i\Ir.  Williams  and  we  got  togi«iher  in  the  hail 
this  morning  :  we  could  not  do  it  till  just  now, 
aud  we  come  now  to  wait  u|M>n  the  court,  to  ac- 
quaint them  how  the  matter  stands.  I  was  not 
in  court,  when  you  gave  your  directions  about 
thin  uiattiT ;  but  when  I  fuul  what  tlie  nature 
of  the  case  is,  I  shall  lie  ready  to  do  mv  duty  to 
the  court,  aud  tu  hiui  wlio  is  uiKin  his  life.  It 
u  a  mighty  cause,  it  is  a  cause  that  may  he,  if 
we  do  not  acquit  oui-moIvcs  as  we  on:;  lit,  have 
retlecd'in  upon  our  posterity,  if  we  do  not  do  it 
as  well  as  we  can.  TlienJui-e  wi»  desire  some 
reasoniible  time,  that  we  may  ha\  (*  cropien  of  thtf 
papers  and  thiuirs  concerned  in  tliis  caus<.',  as 
\\ic  court  shall  direct.  And  we  are  assured 
your  ionlship  is  so  well  acquainted  \uth  the 
tttoai  mctfaotl  in  such  case^,  that  you  will  give 
«s  all  the  favour  in  it  you  can. 

7 


tire 

when  this  person  Fitzliarria  did  desiie  con 
and  your  lordship  aBsigned  me  amongst 
rest ;  but  nothing  of  the  order  was  broug 
me  till  this  monung :  so  that  I  know  imM 
of  the  matter  less  or  more,  than  what  1 1 
upon  the  reading  of  the  paper  here  onJSatui 
I  do  not  desire  time  for  time-sake,  or  for  dc 
but  we  tliink  the  nature  of  the  thing  is  sue 
will  re<}uire  great  consideration,  and  we  d 
convenient  time  to  prepare  it  for  the  court. 
X.  C.  J,  Look  you,  sir  Francis  Wini 
ton,  you  must  consider  here  the  nature  of 
case:  This  is  an  indictment  of  high  tro 
ajid  there  is  notliing  I  see  tliat  is  so  {vreatly 
siikrablc  in  the  case,  but  the  height  ol 
crime.  It  is  an  extraordinary  crime  inde 
he  be  guilty  of  it  (for  I  speak  not  to  preji 
your  client,  but  of  the  thing  itself.)  It  is  a 
son  of  a  very  high  nature ;  and  then  what 
we  to  conuiaer  in  this  case  ?  We  might 
tiikeu  your  client  at  advantage  here,  and  il 
been  no  uijustice  if  we  hail  made  him  plead 
me<liately  as  he  would  stand  by  it :  and  wi 
not  to  consult  your  leisure,  but  your  cli 
cause :  he  hath  pitched  upon  3'ou  tor  his  o 
sel;  we  have  given  him  three  days  tilt 
plead  as  he  will  stand  by  it,  SatunlaV,  Moi 
and  Tuesday,  and  he  is  to  come  with  his 
u|>on  >V  eibiesday .  We  have  ap|)oiutefl  for 
veniency  sake,  that  you  slionhl  give  a  co| 
the  plea  to-morrow  morning  to  Mr.  Alton 
hut  we  do  not  tie  you  so  peremplorilv  to 
j  copy,  that  you  may  not  vary  in  wioi^lsfroni 
I  torm.  (live  him  but  tlie  substance  of  the 
•  and  we  will  not  tie  you  to  the  imrlicular  ft 


won  Is.      I'erad  venture   Mr.    Fit/.harris  i 


!  not  have  expcTtetl  three  days  time,  in  coux 
law,  uiH>n  such  a  crime,  to  put  in  such  a 
when  he  tells  us,  he  will  plead  siicciaily  i 
jmisdieiion  of  the  court.  But  we  have  dr 
in  this  casn,  to  shew,  that  all  the  fairness 
can  )>osKibly  lie  itsed  shall  be  iiseil.  Oi 
other  sid?,  we  mu.st  not  s|»end  all  our  tinM 
iis  to  let  tlie  term  slip  fur  his  neglei^t  of  wa 
u|u»n  you,  therefore  if  he  will  delay  to  soi 
advise'  with  you,  he  must  sutfcr  tor  it.  I 
:  |>ose  he  diil  nr>t  c(mie  to  you  till  to-moi 
what  can  w  e  help  it  ? 

Mrs.  Fitihanis.  There  is  no  solicitor, 
lonl,  to  go  to  the  council. 

L.  C,  J.  Well,  we  must  not  spin  out 
term  to  please  him  :  he  must  take  more  « 
1  believe  lie  would  by  dilatories  be  ir]ui\  to 
it  off  all  the  term.  If  3Ir.  Attorney  gives 
sent  for  more  time,  well  and  grnid. 

Mrs.  Fit'hjrris.  I  hope  your  lunUliip 
j  give  leave  for  a  solicitor;  without  yoiu-1 
ship's  lea\e  iiom^  will  dare  to  venture. 
I  ha<l  the  ruh^  so  w^y  late — 

CI.  of  Crjwti.  They  had  il  at  three  ol 
clock  m  the  al\cnioon,  as  soon  as  it  coa 
di'awn  up. 

Mrs.  FUzharrii.  Tliat  copy  was  bra 
to  the  lieutenant  of  the  Tower,  and  he  la 
away  immediately. 


STATE  TRIALS,  $S  Charles  II.  \6si. -^Edward  FitzharrU.         [^5S 


*rmm.  Another  copy  they  had  from 

'eidiiif. 

Uzkarris.  1  iie\*er  saw  my  husband 

ver  tiU  yesttrday  in  the  afternoon, 

an  iornorant  person,  and  know  not 
I  in  it  without  a  solicitor.  As  soon  as 
t  copies  of  tlie  rule  writ  out  I  carried 
lese  gentlemen. 

\Ujrfen,  JMTy  lord,  I  think  it  will  be 
upoi  us  that  are  of  counsel,  to  be  so 
in  point  of  time ;  for  my  part,  the 
€i  under  my  door  the  hut  ni^ht,  and 
9t  till  this  morning':  It  wdl  be  a 
rd  matter  fbrns  to  j^  the  plea  ready, 

aght  of  the  indictment.  Things 
erred  to  be  the  same ;  which  we 
leaa  we  see  what  is  there  alledeed. 
hath  been  kept  dose  prisoner,  and  no 
red  to  oome  at  him  to  instruct  him  : 
re  not  ao  much  as  copies  of  any  thing 
art  make  use  of.  We  have  no  con- 
my  hnrd,  in  this  matter,  but  what  is 
s  by  the  court ;  and  we  do  not  know 
pcra,  if  there  be  any,  how  we  should 
form ;  and  that  is  it,  my  lord,  which 
iavy  upon  us ;  if  this  mao*s  business 
carry  for  want  of  putting  it  into  due 
Unine  will  be  upon  us,  who  are  as- 
counaeL  Therefore  if  your  lordship 
idcr  these  considerations,  to  gireus 
enre  to  see  tlie  indictment  we  are  to 
ire  may  be  the  better  enabled  to  do 

Vm,  Really,  my  lord,  I  ought  to  deal 
ih  Ae  court ;  without  a  copy  of  the 
t,  1  know  not  how  we  shall  be  aide  to 
« ihoiild  do. 

Amms.  My  lord,  I  do  really  more, 
IV  of  Fitzharris,  but  tor  my  own  re- 
I  eannoc  put  my  hand  tu  a  plea  of 
pence,  without  time  to  consider  very 
;  and  unless  in  truth,  I  ran.  see  the 
t,  and  compare  the  plea  with  it,  to  put 
a  fit  fur  tne  juflgment  of  tlie  court. 
things  cannot  be  gi-anted,  I  desirt^ 


r.  Why,  gentlemen,  see  wSiat  you 
se  do  you  find  any  precedent  of  a 
^ed  for  High-Treason,  that  would 
le^misdiction  of  the  ctnirt,  that  had 
nven  him  than  is  in  this  cas(^  'f 
I  ta.  We  do  not  know  wlmt  his  plea 
f  kvd,  till  we  have  seen  it  and  consi- 

L  Your  client  told  us  all,  and  we 
€  oa  veff^-  wetl,  that  it  is  to  the  jiiris- 
Ike  court,  and  can  be  no  otherwise. 
Any  thing  else  vuu  may  give  in 
Mt  guilty  ;  audit  would  be  con- 
WV  trial. 
Ha.  My  lord,  it  may  happen  to  be 
pri^  plaadable  to  the  jurisdiction  of 
r^pknownoCwhatitwiU  be  till  we 
|ktllniigsiiecesMiry  to  draw  it  into 
pirae  consequf'ntiaby,  it  is  the  con- 
Mfaat;  bat  the  ground  of  our  mo- 
^fci  ii  fbr  owtUrw.    I  did  appn;- 


bend  by  the  rule,  his  special  plea  was  to  be  ad- 
mitted if  he  tendered  one,  let  it  be  what  it  will: 
Wc  must  consider  many  things  in  a  case  of  this 
nature ;  and  at  last,  whether  it  will  be  to  the 
jurisdiction,  or  what  it  is,  we  cannot  tell  as  yet. 
And  till  we  have  seen  the  natuie  of  the  things 
and  what  is  necessary  to  prepare  it  for  t{ie 
court,  ]  cannot  venture  to  give  it  its  proper 
term.  But  our  time  is  so  siiurt,  if  your  lord- 
sliip  will  aifonl  us  no  longer,  tliat  we  know  not 
how  to  be  ready  for  it.  Your  lordship  doe^ 
speak  of  Mr.  Attorney's  being  attended  with 
the  substance  of  the  plea,  not  tying  us  to  the 
form  in  the  copy  delivenxl  to  him.  ]\Ir.  At- 
torney was  here  u])on  Saturday,  when  this 
matter  was  first  started,  and  he  knew  the  sub- 
stance then :  We  know  not  what  it  b  more  than 
by  report.  It  is  a  plea  that  so  rarely  happens^ 
that  wc  must  bo  cautious  in  wliat  form  we  nut 
it.  It  is,  af  your  lordship  hath  been  pleased  to 
say,  an  horrible  treason  that  in  the  indictment 
is  Sjiecified.  We  must  not  speak,  nor  do  not 
mitigate  the  heinousness  of  the  crime  ;  nor  do 
we  speak  it  because  it  is  term-time,  and  may 
hinder  our  other  business :  We  shall  all  of  us^ 
I  am  sure,  not  at  all  consider  oiv  own  time,  or 
loss  in  the  matter ;  but  it  bdiig  of  so  great 
weight,  we  desire  reasonable  time  to  do  our  du- 
ties :  we  name  no  time,  nor  dare  do  it ;  we  sub* 
mit  that  to  the  court.  But,  my  lunl,  under  fa« 
vour,  for  the  copy  of  the  indictment,  we  do  con- 
ceive it  is  necessary  that  we  should  see  a  copy 
of  it ;  and  wheu  the  court  is  pleased  to  admit 
the  iMrty  to  give  in  a  special  plea  to  the  matter 
he  is  accused  of,  and  assign  him  counsel  to  pleold 
it,  I  take  it  to  be  very  rational  and  ixmsonant  to 
law,  that  we  have  a  copy  of  the  charge, 
p  L,  C.  J,  Sir  Fran.  Winnington,  tor  you  to 
come  and  say  these  things  here,  methinks  is 
very  strange.  I  tlunk  }  ou  can  sliew  us  no 
precedent,  tliat  ever  so  long  time  was  given  to 
any  man  to  plead  to  the  jmisHlit'tion  of  the-rourt, 
nor  that  ever  a  copy  of  ihe  indictment  was  gfrant- 
ed  in  I  !igh-ireasi>n  ;  and  for  yuu,  because  of  the 
greatness  of  the  treason,  therefore  to  go  about 
tomake  iiKbflieve,  that  it  is  more  reasonable 
that  a  copy  of  the  indk'tment  ^4u)^Mbo^p^anted 
in  this  case  than  in  another ;  that  the  greatness 
of  the  crime  should  be  meritorious,  aiul  dos«;rvQ 
a  favour  of  the  court,  not  granted  in  other  cases, 
is  a  thing  extraordLiiar^\ 

Sir  T,  Win.  1  do  not  pre «*s  it  that  way ;  I 
pray  I  may  be  undei-stood  aright.  Ui>on  what 
ap]ieared  tlic  other  day,  upon  the  nutiirt*  of  tlio 
plea,  I  present  it  to  yonrroiHiderdt'u>n,  \^hethcr 
or  no,  when  y«m  ha^  i;  been  plea$e<l  to  admit  a 
special  plea,  you  W\\\  not  let  us  sec  that  whicb 
ivc  are  to  plead  to  ? 
L,  C.  J.  No,  it  was  ne**er  tliought  of  surelv* 
Just.  Dolbcn,  jVo,  it  hath  been  constantly  ((e« 
nied  in  cmses  of  felony  and  tre:is(»n ;  and  so  vou 
will  find  the  practice  to  have  always  been,  but 
I  will  tell  you  uhat  hath  been  dune  sometimes^ 
they  hai'c*grant<^  some  lit^ds  out  of  the  in- 
dictment, that  should  enal»le  the  (Kirty  to  fit  hi$ 
pica  to  the  eliarge ;  and  that  was  donV  in  Wit* 
typole's  case,  upon  a  plea  of  Ant^r  fntuMnift 


1 


259]        STATE  TRIALS.  33  CuABLSS  II.  l6sl^Proeeedimg$  aguiitH 


[« 


Hiey  gffcre  bim  the  times,  and  some  other  en-- 
ciimstoncet,  to  (It  his  plea  to  his  case ;  but  nerer 
was  there  aoepy  of  the  indictment  granted. 

3Ir.  Walhp.  Aly  lord  Coke,  in  nis  preface 
to  the  third  Report,  declares,  That  it  was  the 
ancient  law  of  England,  and  so  declared  by  act 
of  parliament  in  Edward  3d's  time,  that  any 
subject  may,  for  his  necessary  use,  have  ac- 
.  cess  to  records  and  copies  of  tnem,  he  they  for 
the  Icings  or  against  the  king ;  and  that  the 
practice  to  the  contrary  is  an  abusion. 

L.  C.J.  80  then,  5lr.  Wallop,  you  take  it 
thnt  ^ve  are  bound  when  any  man  is  indicted  of 
.  felony  or  treason,  or  any  capital  crime,  if  he 
say  he  must  have  a  copy  ol  the  Record,  wc 
must  iB^nt  him  a  copy  of  the  indictment :  if 
>ou  think  so,  the  court  and  you  are  not  of  tlie 
same  opinion. 

'Mr.  Wallop.  I  inform  the  court  >*lint  I  have 
rt.*ad  and  seen,  and  where  it  is  to  be  found. 

Mr.  Williami.  My  lord,  it  may  be  necessary, 
for  aut^ht  we  know,  fur  him  to  plead  over  to 
the  fact  laid  in  the  indictment,  not  guilty,  as 
sometimes  it  is  requisite  for  the  |)arty  to  do. 
.  Now  if  we  should  mistake  for  want  of  having 
what  is  necessary,  and  thereby  nreclude  him  of 
the  advantages  he  might  have  liad  if  the  plea 
had  been  rightly  drawn,  for  nught  I  know,  it 
will  lie  upon  me  for  '.ver.  My  lonl,  I  do  it 
merely  out  of  caution,  and  for  my  own  rqmta- 
tion  sake :  If  any  legal  advants^  should  be  lost 
by  my  unwariness,  it  will  be  a  peq)etual  reflec- 
tion upon  me ;  and  therefore  I  am  so  earnest  in 
thitt  case.  And,  u\y  lonl,  I  can  toll  you  what 
was  done  in  a  case  \vliiirein  J  was  ol  founsol  ; 
it  was  nut  a  cast*  of  treason  iiuJeed,  but  it  was 
murder,  the  next  crime  to  it ;  it  was  the  case  of 
King  and  Tliouias.  Thomas  was  imJioti'd  uf  mur- 
der in  one  comity,  and  found  guilty  of  man- 
slaughter ;  and  aUerwards  was  indicted  for  the 
same  munler  in  another  county,  and  being 
.  to  plead  this  matter  1  did  insist  upon  it,  that  we 
•ughtto  have  a  copy  of  the  intlictment.  There 
was  some  di.'bale  at>out  it ;  but  at  last  we  had  a 
cop}',  and  wc  alledgcd  there,  as  here,  it  was 
im|>ossib1('  to  plead  without  it :  and  the  cause 
was  removed  nither  into  this  couit  for  judg- 
ment. 

Just.  Dolben.  Tlie  first  indictment  you  might 
have  a  copy  of,  for  you  were  to  plead  the  whole 
record. 

Mr.  Williams,  Nay,  we  had  a  copj'  of  tiiat 
to  which  we]»leadc<l. 

L.  C.  J.  Mr.  Williams,  you  tell  us,  you  may 
pcradvcnture  have  occasion  to  plead  over  when 
you  know  it  is  If  igh -treason  tliat  you  are  indict- 
ed oi\  in  fnuning  and  punishing  a  trensonalde 
paper,  cannot  yon  ilin-rt  your  client  to  plead  over 
wiih<nit  a  copy  :'  Certainly  wlial  y<iu  alledge 
in  tliat,  for  a  copy  of  the  mdietment,  is  *  non 
causa  pro  cau^a. 

Just.  Jones.  W  hat  prejudice  will  it  be  to  your 
dicnt  to  plead  over  7 

Sir  F.  Win.  My  lonl,  wc  only  oflTor  these 
things  for  ourselves,  and  we  hope  we  shall  not 
he  presKed  to  do  such  a  thing  as  this,  witlmut 
lla?ing  reasonable  time  to  consider  and  delibe- 


rate of  it,  and  without  havtn^what  is  becon 
in  order  to  do  it. 

[Then  Mr.  Attorney  being  sent  for,  ctt 

into  the  court.] 

L.  C.  J.  Look  you,  Mr.  Attorney,  d» 
gentlemen  that  were  aasigiied  of  counsel 
Fitzharris,  do  move  the  court  here,  sod  ai 
they  would  have  longer  time  to  draw  up  1 
plea,  ibr  they  must  make  use  of  several  cop 
of  papers,  and  they  cannot  so  soon  olit 
them,  nor  find  out  those  records  they  musl  a 
or  other  things  as  ingredients  to  this  pku,  ia 
short  a  time  ;  and  tfiey  say  likewise,  tfa^  it 
desire  a  copy  of  the  Indictment.  Nov, 
truth,  they  ought  to  have  given  you  notiot 
this,  that  you  might  have  been  here  likerai 
hear  what  they  say  :  If  you  do  rnnariit 
^ve  them  longer  time,  we  shall  be  readT  ta 
It :  but  without  it,  we  shall  not  be  wuGng 
delay  it. 

Alt.  Gen.  I  think  your  lordship  ani  t 
court  gave  them  a  very  just  and  maonl 
time,  when  you  allowed  them  four  ^ys ;  a 
these  gentlemen  are  mistaken,  if  they  tU 
they  are  assigned  as  counsel  to  all  cfM 
They  are  only  to  draw  up  a  plea  oponll 
matter  that  is  alledged  by  the  prisoner,  sal 
the  jurisdiction  of  the  court. 

Sir  F.  Winnington.  No,  my  lord,  I  Ij 
your  lordship's  pardon:  The  rule  is  tapll 
the  special  matter  without  more  saying. 

Aft.  Gen.  My  lord,  under  favour,  itisll 
say,  and  so  is  the  course  of  law  ;  for  the  pi 
^ioner  ought  to  actjuauit  you  with  the  poimil 
dt^ires  his  counsel  to  lie'  heard  to :  And  b  d 
ease,  Fitzharris  did  acquaint  the  court  befiml 
-  would  plead,  tliat  he  had  something  to  b^l 
to  the  jurisdiction  of  the  court;  and  isl 
wife  directed  him  when  she  gave  him  fthepi|p 
1  suppose  she  had  otlur  advice  upon  it ;  i 
she  could  not  draw  it  up  in  that  form  it  a 
herself;  and  he  did  ae(|uaiut  the  court,  be  I 
matter  to  plead  to  the  jurisdiction  of  theooa 
and  concluded  so  in  tlie  papier  that  %ras  ra 
And  thereupon,  according  to  his  prayer,  be  I 
counsel  assigned  hhn  these  gentlemen.  I  efl 
seiited  to  it,  as  it  was  just  I  should  ;  but  i 
they  should  think,  that  they  arc  to  adrisek 
in  other  matters  than  that  particular  i| 
which  tliey  are  assigned,  I  know  they  hi 
their  duty'  better  than  to  ofler  at  any  fli 
thing.  Now  since  then  there  is  but  one  iM 
point,  tliC  jurisdiction  of  the  court  and  nod 
else,  for  they  arc  not  to  advise  in  other  malM 
I  think  it  was  more  than  strict  justice,  nq 
was  a  very  great  favour,  for  all  menongntli 
rc-ady  to  plead  such  pleas  inuuediatcly. 

L.  C.  J.  \vSt  hi  strictness,  we  might  kl 
required  him  to  plead,  as  he  would  stand  I] 
presently. 

Alt.  Gen.  The  law  is,  tliat  he  must  htt 
re:idy,  *  in  Poigne,'  to  make  it  aj^pear  that' 
he  avers  in  his  pli*a  is  so  ;  theretorc  you  ab 
not  have  given  him  any  longer  tinie  :  te- 
cause  all  the  world  might  see  the  court 
king's  counsel  dealt  fairly  in  this  mattWi 

1 


tfl]        STATE  TRIALS,  33  Charles  II.  iSBl.^Edward  Ftttlurri$. 


[262 


•ji 


iid  DOC  mean  to  take  advantage  of  any  thing 
lliitfoihed  like  a  surprizei  1  consented  to  that 
tJBetiiat  your  kntlHiip  was  pleased  to  set: 
And  n for  die  copy  of  the  indictment,  I  know 
■oiaij  reason  they  have  to  desire  it ;  for  tliey 
HBMt  to  adnse  in-  that,  what  detience  he  shall 
tat  only  upon   this  matter  he  hath  al- 


MM. 

iC^J.  Look  you,  gentienicn,  what  Mr. 
iiiiMij  tells  ytnx  is  so,  and  we  do  exi>ect  that 
yn  ihoold  couform  yourselves  to  it :  \Ve  have 
iifffB  Tsu  three  days  time,  which  is  sufficient 
■r  Ml  a  diing  as  this.  And  Mr.  Attorney, 
vttiUtbemthas  when  we  did  direct  tliem, 
UmAsj  should  deliver  vou  a  copy  of  tiie 

eto-iMrrow  momiiifif.  iVe  are  not  so  cri- 
widi  them,  as  that  we  nill  not  rec«nve 
Aor  alBa,  if  it  be  valiant  in  form  from  that  whush 
terterertoyou.  That  that  we  intended  by  it 
im,  That  they  shoukl  deliver  to  you  a  plea,  the 
VMinsabrtaQoe  as  that  which  tliey  do  plead 
hat  I  If  they  would  alter  it  in  the  form,  we 
«i  gifathem  leave  to  do  that  without  any  preju- 


1' 


AU,  Gen.  We  will  never  pinch  them  in 
fim;  I  tUnk  1  liavc  matter  enough. 

£.  C.  /.  I  tell  vou  truly,  I  do  believe  some 
Kails  of  his  had  counsel  to  draw  up  this  plea 
ArUm. 

Ati.  Gem.  A  great  cabal,  no  doubt  of  it,  my 
kri? 

Mr.  Wallop.  My  lord,  I  desire  that  counsel 
W  aniffnedin  my  place. 
,C.J,  Weass^[ned1iim  those  that  he  re- 
■M,  qcepting  su-  William  Jones  ;  and  we 
ilMtdsny  to  mit  in  sir  Win.  Jones's  name, 
bRMtwewoiud  not  assign  him,  but  because 
kkthdediDed  the  bar,  and  does  not  practise 

Mr.  WiUmms.  We  do  not  draw  in  the  name 
if«WB.Jones,  or  decline  him:  We  submit 
tojWMder about  ourselves;  but  we  desire 
tilfnn  that  did  draw  this  plea  may  be  add- 

LC.  J.  If  hia  wife  desira  it,  and  will  name 
.  >■»  ik  ihaO  be  90 

fitk 

^CJ.  Sir,  he  understands  what  he  woidd 

^snre  !  and  we  cannot  discharge  you  ^^P^° 

^wdi  account. 
*.  Wmilep.  Here  are  many  particulars  and 

^r  averments,  which  camiot  so  suddenly  be 

^.mt  as  the  time  allotted. 
.  Ifi.  FUMkarru.  My    lord,    there    i«    not 
^^iTlboae  gentlemen  assigned  that  1  writ  to  my 
Nhud  to  aak  for  :  I  directed  him  eij^ht. 

LCJ.  ^Vho  ebe  woukl  you  have  I* 

4ln.  FUxk.  There  was  in  the  paper  sir  Wil- 
^  Jones,  his  majesty's  late  Attorney  Gene- 
I  sir  Francis  Winniogton,  Mr.  Williams, 
^  Speaker  *»f  the  House  of  Commons,  sir 
kmelV^Vf  Recorder  of  London — 
^f}*ollexfen.  Your  lordship  may  easdy 
mJire  bv  this  afentlewoman's  carriage,  how 
lule  lOce  to.  be  Stetructedin  this  cause,  when 
ody  follows  it  but  she. 


I  desire  to  be  put  out,  and  he 


L.  C.  J.  Do  you  desire  sir  George  Treby 
should  be  added  ? 

Mn.FUzh.  Yes,  I  do. 

L.  C.  J.  Let  it  be  so  then. 

Mrs.  Fiizh.  And  sir  William  Jones ;  I  will 
do  what  1  can  to  get  him  to  come. 

L.  C.  /.  We  will  not  enjoin  him  ;  but  if  ha 
pleases,  we  leave  him  to  his  liberty. 

Just.  Dolben.  Why,  mistress,  you  are  got 
into  the  hands  of  gentlemen  that  are  usk'aciied 
and  able  in  their  protessiou  as  you  can  have  ; 
you  need  no  more. 

L.  C.  J.  Do  you  desire  Mr.  Smith  ? 

Mrs.  Fitzh,  Yes,  my  lord. 

L.  C.  J.  Then  add  Jiiui. 

Mr.  FolUxftn,  We  dcsure  that  there  may  he 
leave  for  a  solicitor,  one  that  in» y  carry  papei's 
in  the  presence  of  the  Lieutenant^ 

L.  C.  J.  We  have  confidence  in  you,  but 
not  in  other  |)ersons  ;  therefore  we  must  con- 
Kider  of  that :  But  what  think  vou  of  it,  bro- 
thers ?  We  may  permit,  1  thin(c,  one  to  come 
from  tlie  counsel  to  him  with  that  caution. 

Judges,  Yes,  my  lord. 

L.  C.  J.  Let  the  pa|>er8  be  then  insi>ecteil  be- 
fore by  the  Lieutenant  of  the  Tower,  and  be 
from  one  of  the  counsel ;  and  so  tliey  have 
Ubcrty  to  do  it. 

Att,  Gen.  There  is  no  need  of  any  papers, 
my  lord — 

L.  C.  J.  Mr.  Attorney,  do  not  oppose  that : 
Let  them  have  Uberty  to  carry  any  papt^rs  tluit 
any  of  their  counsel,  these  gentlemcm  we  have 
assigned,  shall  send  to  him,  or  any  from  him  to 
them  ;  so  as  the  Lieutenant  may  have  first  Uie 
sight  and  jierusal  of  them. 

Att.  Gen,  There  Ls  no  great  harm  in  that, 
though  1  see  not  that  tliey  will  need  any 
pa|)er8. 

jL.  C.  J,  Yes,  their  plea  to  the  jurisdictioa 
must  arise  upon  tact,  which  may  be  out  of  some 
pa^iers. 

Atl.  Gen,  You  arc  assigned,  eentlemen,  but 
to  one  pouit,  the  jiuisdiction  of  me  court ;  re- 
member that. 

Mr.  FoUexfcn.  Your  lordship  is  pleased  to 
say,  That  we  may  vary  in  form  from  what  we 
deliver  to  the  Attorney  General ;  and  Mr.  At- 
torney is  pleased  to  say,  he  will  not  pinch  us 
as  to  form :  How  shall  we  be  secure  no  advan- 
tage shall  be  taken  of  the  form  ? 

L,  C.  J.  It  is  only  as  to  that  particular. 
You  shall  not  be  tied  up  to  the  form  you  de- 
liver to  him.  What  advantages  there  may  be 
concerning  the  form  of  the  plea  you  bring 
hither,  we  will  sec  shall  not  be  taken. 

Sir  Fr.  Wm,  Will  your  lordship  please  to 
afford  us  no  longer  time  1^ 

JL.  C  J.  When  you  are  to  plead  to  the  juris- 
diction of  the  Court  in  a  case  of  liigh -treason, 
and  such  a  treason  as  tliis  is,  Mhat  reason  is 
there  that  so  much  time  as  is  granted  uln^uly 
should  be  given  you  ? 

Sir  Fr.  Win.  Shall  not  we  have  a  coj.y  of 
the  Indictment  neither  P 

L.  C.  J.  You  will  offer  tilings  tliat  are  not 
to  be  granted  to  you,  *  adcaptaudum  popuium,' 


S6d]         STAIS  TRIALS^  93  Chaklbs  U.  loSl^^Pfoeirngs  ^g&imti 


that  ytra  nuy  say  you  are  bardly  med,  and 
iiii<j^htily  straitened  in  this  case. 

Sir,/.  Win,  No,  my  lord,  we  do  not  offer  it 
for  any  such  end. 

Alt.  Gtm,  Gentlemen,  remember  you  have 
not  liberty-  to  plead  any  thin^,  but  to  the  juris- 
diction ot  tlie  court. 

Sir  Fr.  Win.  We  must  submit  to  what  your 
lofdship  orders  in  it. 

Upon  Wednesday  the  4th  of  May,  1681,  Ed- 
ward Fitzharris  was  brought  from  the  Tower 
to  the  King*s- bench- bar. 

CI,  qfCroKn,  Eduurd  Fitzharris,  hold  up 
thy  hand  fwhich  he  did) :  thou  bast  been  in- 
dicted, ana  arrarg^ned  for  high-treason;  how 
sayest  thou  ?  Art  thou  GuUty  of  the  high- 
treason  whereof  thou  standcst  indicted,  and  hast 
hecn  arraigned,  or  Not  Guihy  ? 

Fifzhatris,  I  have  made  a  plea,  my  lord, 
allien  I  desire  may  be  received  and  allowed. 

Mr.  Wallop,  May  it  please  your  lordship,  I 
desire  to  be  heard  a  few  words. 

JL  C.  J.  Would  vou  not  have  the  plea 
ffid?  ^ 

Mr.  Wallop,  I  have  but  a  few  words  to  say 
before  it  be  read,  if  your  lordship  ])lease,  ibr 
ourselves,  or  at  least  tor  myself.  Acconding  to 
the  best  instructions  we  nave  had,  we  have 
drawn  up  this  plea,  and  I  pray  it  may  be  en- 
tered so.  But,  my  lord,  I  humbly  conceive 
we  have  not  luul,  or  for  my  own  part  I  have  not 
hadtliose  iiustructions  that  were  i\i  to  direct 
me  in  tliis  cose.  It  is  a  special  plea,  and  of  a 
uiattcr  tliut  rardy  happens;  and  tiie  nature  of 
this  specLiil  pica  is,  that  the  matter  contained  in 
the  indictment  and  in  the  imjieachmeut,  is  one 
and  the  same  mutter.  Now  I  have  not  yet 
neen,  nor  could  I  come  at  a  sight,  thougli  I 
iU'.sircil  it,  of  the  iui}ieacbmont,  nor  of  the  in- 
dictment :  hut  1  humbly  conceive,  that  by  the 
law,  tiK  this  case  is  upon  a  special  plea,  the  pri- 
apner  ought  to  have  a  copy  of  the  indictment. 
And  I  do  not  say,  that  e\crv  one  may  demand  a 
copy  of  ills  indictment  to  iind  taults  ;  hut  upon 
a  s[)eeiul  plea,  and  particularly  upon  this,  1 
huxnhly  conceive  he  ought  to  lia^e  a  sight  and 
acop>  of  his  iiidietment. 

L,  C,  J.  W  hat,  would  you  not  have  your 
plea  roeeived  ? 

Mr.  Wa'io}^.  Thus,  my  lord:  ifwecanha\e 
no  iainliCi'  instructions,  nor  can  by  any  other 
means  co»ie  to  a  sight  of  tliese  things,  then  it 
is  the  best  pica  we  can  make  in  such  a  case, 
and  1  avow  the  plea  :  but  if  any  tiling  should 
iall  out  amiss  to  the  prisoner  for  want  of  such 
a  sight,  1  pray  it  may  not  he  upon  ute. 

X.  C.  J.  Head  the  plea. 

CV.  of  CroTvn.  "  lit  pnedietits  Edwardus 
Fit/.hurria;  in  propria  persona  sua  \  on.  et  die. 
4|U0!l  ipse  ad  indictament.  pnediet.  res^adero 
4rom|M-lIi  non  deliel,  quia  die.  «(uod  ante  indicta- 
ment. pi-u.ll.  per  .lur.  pned.  in  Ibiina  pned. 
comport,  scil.  ad  Pari.  I)um.  Ueg.  nunc,  in- 
jcohat.  tt  tent,  apud  Oxun.  in  Com.  Oxon. 
viuwiino  priiuo  diu  Martil  Auno  Aegoi  diet. 


Dofm.  Reg.  nunc  trioesimo  tertio»  ipse 
Edw.  Fitxbairis  per  Milites,  Civw  ct 
genses  in  eodem  rar. 


at  omnium  Com.  AngUe,  lerunduin  kgv 
cons.  Plari.  de  alta  Proditionc  ooimin  Mt 
et  Procerib.  hujus  Regni  Angl.  in  eodem 
assemhlat.  impetit.  suit ;  qus  quidem  im| 
in  plenis  suis  robore  et  effect,  adhuc  rei 
et  existit,  prout  per  Record,  inde  inter  Ue 
P^uiiamenti  remaneos  plcnius  liquet  et  «p| 
Et  procd.  Edw.  Fitzharris  uheriut  die. 
alta  Proditio  in  Indictamento  prsHLper 
pra-d.  in  forma  nrxd.  compeit.  specifici 
meutionat.  et  aUa  Proditio  onde  ipw  pn 
Edw.  Fitzharris  iu  Pari,  pceed.  mlodo  ut 
fert.  impetit.  tiiit  et  existh,  sunt  una  et  e 
alta  Proditio,  et  non  alia  neque  divem 
quod  ipse  nraed.  Edw.  Fitzharris  in  Ini 
mento  prira.  nominat  et  prsd.  Edw.  FiHl 
in  impetitione  pnsd.  nominat.  est  ana  et  e 
perwna,  et  non  aliaueque  diversa :  et  hoc  ] 
est  verificare,  Vc.  Unde  ipse  prsd.  Edw. 
liarris  petit.  Judicium  si  Cur.  Horn.  S^ 
super  Indictamentum  pned.  versus  ipsuii 
ierius  procedere  vult,  6ec." 

Mr.  Wiiluimt,  My  lord,  we  humbly  i 
being  assigned  of  counsel  tor  this  geBrtie 
3Ir.  Fitzharris,  that  this  Plea  may  h 
ceived. 

L.  C.  J.  Mr.  Attorneys  hare  you  hsa 
tended,  according  to  the  rule  of  Court, 
this  plea  ? 

Att.  Gen.  No,  my  lord. 

L,  C.  J.  What  is  the  reason  of  that .' 

AU.  Cm.  Here  is  no  more  in  effect, 
wluU  was  offered  four  days  ago,  when  co 
was  allowed  him.  1  sent  £Lit  nivht  h 
them  for  a  c<»py  of  the  plea  :  indeed  vcsk 
at  noon  they  sent  me  this  note,  that  Fitzl 
intends  to  stand  upon  his  plea,  that  he  s 
impeached  in  the  House  ot  Peers.  I  sci 
know  of  them  whciher  they  would  plead 
to  the  jurLsdietion,  or  in  abatement,  €st  in 
they  declared,  they  wou\il  not  plead  to 
jurisdiction,  but  now  I  see  it  is  to  the  j 
diction. 

L.  C,  J,  It  is  so  ;  and  that  he  propos 
plead  at  tirst. 

Att,  Gtn.  It  is  true,  my  lord  ;  but  thus 
sent  me  word. 

L.  C.  J.  And  as  a  plea  to  the  jinrisdictio 
it  coneludi*s. 

Mr.  Wiiltaws.  My  Innl,  wc  have  dos 
that  is  iK)ssi))le  for  us  to  do  in  this  case. 
Court  mrccte<l  us  to  attend  !\lr.  Attorney 
the  suhstan(*e,  and  so  \ie  ha^'e  done ;  bni 
form,  we  Inul  liberty  to  do  as  we  pleased  ii 

L.  C.  J.  You  need  not  ^o  about  to  ej 
it,  that  you  ha\  c  not  done  it  ;  we  chargi 
with  nothhig. 
'      Mr.  H///irt»is.  I  do  not  go  about  to  e? 
it ;  we  do  nut  take  it  as  a  chaise  upon  us. 

L.  C.  J.  All  we  say  Uthis  :  if  Mr.  Attt 
had  had  it,  [K'radvtfntiire  he  might  hare 
sidered  of  a  replication  by  this  time,  or 
lie  would  do  concerning  it ;  but  if  be  hstl 
had  time,  we  cannot  expect  it  from  him. 


STATE  TRIAL$,  33  Charles  II.  \Cn.—Edwari^ FitskarrU.         [2£6 


V.  Hljt,  My  lord,  I  only  beg  one  word 

attor  of  fact,  and  it  ig  material  as  to 

Bt  lo  uig«  it.    We  did  send  several  nies* 

to  geky  if  it  were  posMble  to  be  ob- 

a  ooyy  of  the  Impeacluiient  in  parlia- 

We  neat  to  the  House  of  Lords  clerk 

;  but  they  that  went  down,  tell  us  the 

not  ia  taviD,  or  else  we  had  sent  Mr. 

y  the  whole  plea  at  that  time. 

.  /.  I  QBly  ask  the  qi^ion,  to  see  whe- 

*.  Attorney  hath  had  time  to  think  of  it. 

Gem.  My  lord,  1  think  1  need  not  any 

tfaiv  case. 

.  /.  I'ray  so  on,  Sur. 
Gtm.  Mylto^t  I  do  pray  your  judg- 
poB  it ;  lor  it  is  a  {dea  that  is  insufficient : 
iiiio  lAem  to  bar  you  of  your  jurisdic- 
iwwLj  1  obsene  that  whosuever  will 
plea  to  the  junsdictiou,  if  he  have  any 
to  filnul,  must  have  it '  in  poigne,'  must 
e it  is  a  Cuuit,  or  at  least  most  produce 
sworn,  that  the  Court  may  see  there  is 
I  dilatory  in  the  case.  And  ior  this 
,  it  will  appear  upon  ejcamination  to  be 
fhvolous  plea  ;  for  there  is  no  such 
depending  as  tliis  plea  alledges.  Hut  1 
tfaasa  pk»to  the  jurisdiction  of  the 
',  lail  such  an  one  as  will  plead  such  a 
icmuBt  have  the  record  ready,  to  shew  it 
CffHt,  and  by  the  course  of  law  ought  to 
ready  to  assert  to  the  Court,  that  they 
Mt  jurisdiction  :  so  then  it  is  certainly 
L  That  is  the  first  thing.  Another 
is  this;  with  submission,"!  say,  they 
iMde-i  no  record  at  all,  nor  any  imiieach- 
laU,  as  thu  case  is  ;  for  the  notes  tliat 
K  token,  mv  lord,  are,  they  say  he  was 
^sd  by  the  Commons  de  altn  Prodi- 
;  hat  thut  is  naught.  He  ought  in  his 
ihve  set  forth  his  impeachment,  and 
te  crime  particidarly  ;  (or  either  an 
MM  or  an  im|icachment  tie  afta  Prodi- 
vfekmy,  or  any  other  crime,  is  naught, 
r  allows  it  wit.  He  ought  to  set  ibnh, 
muA  aver  upon  a  recorii,  but  set  it  Ibrtli 
vertu^  or  in  the  substance  of  it ;  and  so 
lo  plead  tlie  record  entirely  as  it  is.  And 
Ase  necessHry  averments  that  cannot 
iae  be  roaile,  the  law  allows  oi'  them. 
thBcase  he  cannot  rame  aiul  aver  upon 
rord  ;  lor  he  haih  set  fortli  the  iniiM;ach- 
Nik  as  it  was,  but  only  barely  dr  ait  a  Pro- 
in  geiurral,  which  tlie  rec^onl  must 
»  as  the  Court  nuiy  jiidjje  of  it,  and  it 
■I  be  iniemled.  If ut  as  they  have  k4.1  it 
■  ttiia  case  there  is  nmhing  of  treason 
id  i»  te  record  averred,  tliaA  can  ina*iid 
'te^  the  same  ;  amf,  mv  lord,  ho  an;  all 
Hhoaoever  pleailH  a  privato 

ri  must  plead  it  as  it  is,  not  in 
a  is  for  tlie  same  matter  ;  for  1 
it  is  naught :  and  we  are  in  your 
hit  this  13  no  plea  to  the  jurisdic- 
MMkai  point. 

k^Mr.  Attorney,  do  you  think  it  pm- 
MHi  k  this  time,  or  will  ^  ou  take  a 
Ivy  OMudar  of  ttMt  ft  Uttle. 


Ait,  Gen.  My  lord,  I  think  driay  it  very 
dangerous  and  mischieruus  in  this  case. 

L.  C.  J.  We  can  give  you  as  short  a  day  at 
you  please. 

Ati.  Gem.  But  to  satisfy  the  Court,  the 
clerk  will  be  ready  with  tlie  Journals,  to  shew 
that  the  fact  is  not  as  they  plead  it. 

X.  C.  J.  Look  you,  Mr.  Attorney,  ^"e  must 
go  on  in  a  legal  and  formal  way,  when  we  hate 
a  plea  put  in ;  therefore  whether  you  will  not 
take  tune  for  a  day  or  two  to  consider  of  thia 
plea  :  you  had  the  substance  of  it,  but  nothing 
concerning  the  manner  of  the  pleading;  they 
would  not  tell  you  w  hether  they  would  plead  it 
in  abatement,  or  in  bar,  or  now :  therefore 
whether  you  will  not  take  time  to  consider  of 
this  pleading  for  a  day  or  two,  pray  connder 
with  yourself. 

llien  the  King's  Counsd  consulted  one  with 
auother. 

Ait.  Gen.  My  lord,  not  only  for  what  I  have 
alrcaily  offered,  but  for  many  other  reasons,  we 
can  f>ee  this  can  be  no  way  a  plea  to  the  juris- 
diction of  this  Court ;  for  upon  any  hn peach- 
ment  or  imlictinent,  the  king  bath  election  to 
proceed  upon  which  he  will :  and  it'  there  were 
ten  indictments  for  one  and  the  same  thing,  if 
none  of  them  are  come  to  a  judgment  the  Ung 
may  proceed  upon  which  he  pleases,  as  in  that 
case  of  fa-ebmd  yesterday  ;  thuugh  the  party 
were  anaigned  and  ready  to  be  tried  in  Ireland, 
yet  the  king  mi^flit,  if  he  pleaded,  try  him 
nere  ;  and  the  king  hath  oidered  it  so  to  be. 
But,  my  lord,  1  take  it,  that  this  is  not  only 
apparently  a  fulse  |>tea,  but  a  frivolous  plea  in 
itself,  being  to  the  jurisdiction  of  thia  Court : 
for  there  was  never  any  thing  of  a  crime  so 
great,  but  this  Court  of  king's-bench,  which 
hath  a  sovereign  jurisdiction,  lor  commoners 
especially,  could  take  cu^nizaace  of  it ;  and  I 
put  it  upon  that,  my  lord.  Never  was  such  a 
plea  pleaded  to  y<»ur  jurisdiction  ;  and  there- 
fore we  pray  your  judgment  upon  it. 

Sol.  Gen.  Iny  lord,  belbre  we  come  to  that 
which  is  the  question,  if  there  were  such  a 

f»leu  ]df»ded  to  the  jurisdiction  as  tliey  would 
lave  this  to  be,  we  humbly  pray  the  judgment 
of  the  Court,  whetlier  this  be  any  such  plea  at 
all  a-s  can  bear  any  debate :  lor  it  will  nut  be  a 
ipiestiou  now,  how  far  an  un|)eachment  de- 
pending is  a  bar  to  your  juris<liction  t  But  the 
«|uestion  is,  first,  wnether  this  be  such  a  plea  ? 
For,  my  lord,  1  do  take  it,  no  man  can  plead 
any  record  in  another  Court,  any  indictment  or 
acquittal  uyon  it,  liy  pleading  it  in  this  form  as 
this  is  pleade<l,  hy  Haying  generally,  that  such 
a  time  in  sucli  a  Court,  lie  was  indicted  fov 
the  same  offence,  and  was  acquittetl ;  yet  thus 
this  plea  is,  and  no  more.  But  he  tliat  will 
plead  uuierjoig  uc^utt^  must  plead  that  such 
a  time  he  was  indicted  in  such  a  Court,  and 
set  forth  the  indictment  and  all  the  proceed- 
ings of  tliat  Court  u|M)n  that  record,  and  then 
it  is  proper  for  judgment ;  such  a  plea  iv 
formal,  and  requires  an  answer,  and  it  will 
be  proper  for  «b  to  gire  it  an  answer :  and 


t67]         STATETRIALS,  33  Chakles 

when  sach  a  pica  is  put  in,  wa  vhall  either 
demur  to  it,  or  i^ivc  it  the  aubwer  that  it  re- 
qaires  of  nvil  iiel  record.  But  this  does  not  rc- 

SuifC  any  [larticuLir  answer,  hri'atue  it  sets 
irth  nu  recurri  at  all  that  we  can  answer  to  : 
fer  it  LS  not  biiflicient  to  say  in  seneral,  that  he 
was  indictftl  and  iiCf|uitte«l,  or  impeached,  and 
tiieo  aver  that  it  was  for  the  same  offence ;  but 
he  ought  to  shew  forth  the  impeachment, 
and  let  forth  in  the  plea  the  recorvJ.  that  upon 
it  you  may  pass  a  certain  jud^jpncnt.  There- 
fore we  hope  you  will  set  this  aside,  as  not 
being  at  all  formal,  or  requiring  any  answer 
to  it. 

Hen.  Maynard.  My  loni,  if  you  please  to 
ooDNoer  in  this  case  what  is  the  question,  and 
what  not.  At  present  it  is  not  the  question, 
whether  if  a  man  he  impeached  of  high-treason 
by  the  Commons  before  the  Lords,  and  tliis 
impeachment  stands  imrcrersed  in  the  Court  of 
parliament ;  I  say,  it  is  not  the  question,  whe- 
ther this  Court  have  jurisdiction  over  this  man 
for  that  offence  ?  but  the  question  is,  Whetlier 
he  hath  jjiut  in  such  a  plea  before  you,  as  will 
put  that  m  qoestion  ?  Under  favour,  it  is  not 
sufficient  for  him  that  will  plead  a  narticulu* 
leooid,  in  bar  or  other  way,  and  maice  use  of 
ity  that  he  pleaded  it  in  general  terms,  but  he 
Blast  set  forth  that  record  as  it  is  ;  be  must 
not  give  you  the  title  only,  or  say,  he  was  in- 
dicted for  such  a  thintr  generally ;  but  he 
must  so  set  it  forth  to  the  Court,  that  if  issue 
be  taken,  the  Court  may,  by  comparing  the 
record  with  tlio  plcn,ju(1;^  Whither  it  be  the 
same  matter  or  no.  \ou  when  he  pleads  lie 
was  impeached  for  the  same  treason,  he  must 
net  forth  whnt  that  was,  that  it  may  »ppcnr  ii 
was  ibr  the  same  tnasan,  and  if  that  bo  partiru- 
kirly  set  forth  as  it  ought,  upon  null  tu  I  Uaord, 
the  question  will  he,  is  there  s'uch  a  record  or  init  ? 
Now  if  he  comes  and  says  he ^  was  iiulirlrd  or 
impeached,  and  not  for  what  in  particular  ;  the 
two  things  that  upon  the  issui-  art.'  to  be  com- 
pared, are  not  made  so  fit  (or  your  ludgnient. 
In  our  law,  my  lord,  if  a  inari  will  plead,  he 
tiee<l  not  sfl  forth  a  ijrcncral  art  of  parliament ; 
but  iflMMvill  pU'fii!  a  particular  act,  he  muht 
set  forth  the  uiatlfT  of  it,  t<i  bring  his  case 
under  the  jiid^uii^nl  of  \\iv  Court  ;  and  whe- 
ther this  be  so  pleaded  or  no,  ue  submit  it  to 
you. 

L.  C.  J.  Pray  l«t  u\r  speak  two  or  three 
wonlstoyou :  do}ou  sp«'ak  it  against  our  receiv- 
ing of  the  pluiii' 

Att.  Gen.  \vsj  my  lord,  we  hope  you  \i  ill 
lot  admit  surh  a  plea. 

L.  C.  J,  That  \%[\\  bo  hanl.  Pray  then  con- 
sider with  yoursril',  A\lM'th(T  ifit  lie  au  insuf- 
ficient plfa  (for  we  willwiy  nothing  at  present 
to  that)  and  if  the  pleji  be  such  that  no  issue 
can  lie  takf.'ii  upon  it  (admitting  it  were  so), 
whether  \ou  should  not  demur  tu  it,  before  you 
dtinand  our  judj^ment,  that  we  may  have 
somewhat  upon  the  whole  before  iis  to  judge 
upon  i^  And  I  specik  it  to  you,  Mr.  Attorney,  to 
this  puriwse,  that  you  may  consider,  whether 
you  shttli  thiuk  lit  to  demur  to  this  pka,  or 


;  whether  you  shall  think  coDvenieiit  to  take  iss 
!  upon  it,  or  to  reply  to  it,  that  ^  it  may  oome  ji 
'  dicially  for  our  opinion ;  for  iu  a  regular  wa 
'  if  a  plea  be  admitted,  it  must  be  ather  demn 
!  red  ti>,  or  replied  to.    Pray  consider  of  it  in  tl 

case  ;  and  we  vtill  give  you.time  to  conuder, 

3'ou  please. 

Seri.  Maynard.  Under  favour,  my  knd,  ii 
'  plea  be  apparently  vicious  when  it  is  up 
I  record,  we  need  not  demur  to  it,  nor  take  taso 
,  for  else  the  mischief  will  be,  we  shall  adnit  i 

that  is  well  pleaded  to  be  true. 
I      SerJ.   Jejeries.    My  lord,  if  your  kvrdsl 
i  please,  I  do  confess  that  according  to  the  nsi 

course  and  practice,  ii' there  be  a  doubt  upon 

■  plea  that  is  n^,  whereon  any  point  in  law  n 
arise,  you  do  put  the  party  to  demur  or  take  i 
sue :  but  according  to  the  common  course  of  tk 
court  in  common  cases,  and  much  more  in  fl 

,  traordinar}-  cases,  and  especially  in  capital  cssi 
I  and  most  of  all  in  a  case  ot  High-lVeua 

■  such  as  this,  if  it  do  appear  to  tnie  oomt  ai 
'  your  lordship,  that  the  plea  is  in  it's  natii 

a  frivolous  plea,  you  do  usually  refuse  to  ada 
such  a  plea,  and  give  judgmeut  upon  it  No 
wc  would  acquaint  your  lordship  with  our  a| 
prehensions  in  this  (»se,  and  we  would  pray  y% 
to  consider  what  the  danger  may  be  upon  nsi 
demur,  if  this  plea  be  frivok>us,  as  it  appeaiii 
be :  for  whether  an  indictment  in  this  court,  ( 
an  Indictment  in  another  court  be  for  ii 
I  and  the  same  olFenee,  and  so  a  bar  to  the  inn 
'  diction,  wc  are  not  so  much  as  admitted  ii 
j  the  question  of  that,  as  this  plea  is.  Wheffi 
according  to  the  course  in  other  ph««,  we  pn 
[  you  would  be  pleased  to  see  the  inconvenifiM 
if  we  should  Ik^  put  to  deuuir  to  it ;  tor  then  i 
',  do  admit  by  tlii^  demurrer,  that  this  Impead 
:  nient  is  lor  one  antl  the  same  thing  ;  and  i 
I  humbly  conceive,  my  lord,  thatls  a  little  dai 
I  gerous.  How  then  will  it  l»e  possible  for  31 
I  ever  to  judge,  that  the  Iuii»eachment  (whiclii 
i  fact  Ls  otherwise)  and  tlie  Indietutent  is  forti 
j  same  thing,  unless  you  will  put  them  to  pum 
'  the  conunon  methods,  how  it  was  in  the  Hon 
1  of  L(»rds,  by  shewing  forth  the  record  ?  M 
;  w  hat  (;an  we  do  otherwise  (it  l)eing  ajiparent 
1  against  the  eommon  fonn  o\'  pleas,  and  mail 
i  I'estly  for  delav  only)  than  pniy  thejudgioe 
of  tli»^  court,  which  we  Iiojm:  will  be  to  reject  ti 
plea  * 

L.  C.J.  lJn»tlier  Jefleries,  you  need  not  I 
<ifraid,  that  you  shall  be  concluded  by  this  d 
nuinvr,  that  there  is  sneli  an  lmiH>aciimcnt 
the  l>oi-ds  HoiLS4',  for  the  sann^  otlVnce :  the 
'  \ull  be  no  eobair  for  it.  And  brother  Mv 
j  nard,  formerly  I  confess,  when  they  idea* 
I  pleas  Ore  tenus,  and*took  their  exceptions  U 
tenus  too,  they  would  demand  jugmeut  of 
plea  pivsently  ;  and  so  it  was  in  the  bishop 
ninehester's  Case,  3  Edw.  3.  where  tM 
was  an  Indictment  againbt  the  bishop  bera 


xWia  c<nut,  for  going  aw  ay  from  the  iiarliaiai 
at  Shrewsbury  without  the  leave  of  the  Laiti 
there  Shard  comes  in,  and  pleads  Ore  tenus  tl 
matter,  and  says,  This  is  a  tiling  tluit  oonotf 
the  Lords  in  Parliauieut,  of  w  hich  they  hi 


STATE  TRIALS,  33  Chahles  II.  l681.— irficuri  Fihkamt.        ,  [270 


ce  only,  and  flo  prays  tlie  jud|;ment  of 
presently,  whellier  tliey  have  juris - 
'the  clause  or  no?  And  lie  pleads  it  in 
t.    There  they  OTer-ruled  him  me- 
ithout  any  more  to  do,  because  ttieir 
;  were  no>  as  now  tliey  are  ;  now  X\\ey 
n  into  a  tonnal  way,  all  entered  upon 
r  at  least  written  in  paper  :    and  wnat 
'  the  reason  why  you  hliould  not  tlo  ac- 
3  the  connnon  course  of  the  court,  I 
>  vou  to  consider  of  it. 
faynard.    It  is   very  true,  my  lord ; 
tlie  course  was  so,  my  lord,  and  the 
»  too,  to  plead  Ore  tcnus  ;  but  plead- 
M;r  is  the  «auie  thine ;  and  the  course  of 
halh  liM^,  when  thev  saw  it  in  paper 
volou!4  plea,  to  g^ive  jmfgmcnt  presently: 
hare  the  same  privileg^c  v\\H>n  this  ac- 
I  they  hatl  when  pleas  were  by  word  of 
If  there  be  a  demurrer,  it  may  hang 
lan  M  convenient  this  cause  should  do. 
J.   Do  not  speak  of  that,  brother  May- 
i  to  delav,  3'ou  shall  take  as  short  a  dav 

rill. 

f  rn.  I  have  looke<l  upon  all  the  pre- 
and  could  ne\er  meet  with  one  demur- 
e  the  plea  \\  as  to  the  jurisdiction  :  but 
our  jud{pnent  upon  the  first  matter, 
mhosoever  pleads  to  the  jurisfiiction 
Ht  hare  tlu-  record  '  in  poii^ne'  to  justify 
Mn  a  plea  in  bar  indet^  it  may  come 
ttimus,  but  in  a  plea  in  abatement,  the 
U^t  alwiiys  to  be  ready  with  tliosc 
that  are  toout  the  court  of  their  juris- 
■nd  besides,  the  court  is  to  maintain 
a  jurisdiction,  the  kin|;*s  counsel  have 
to  <lo  to  assert  thsU,  but  tliey  ou^ht  to 
.  thin<rH  that  may  lie  to  the  Cincf's  pre- 
nd  thi  refore  it  oui;fht  fo  Ik?  by  the  judjjf- 
Ihe  court  in  this  case  set  aside.  But  1 
yon  will  never  fuid  a  demurrer  that  was 
to  the  jurisdiction. 
J,  Pray  consider  of  that, 
fen.  But  if  it  appear  to  be  a  frivolous 
[ie  form  or  in  the  matter,  you  will  not 
are  to  demur. 

/.  If  you  do  insist  upon  it,  that  you 
mur,  nor  do  nothing,  we  will  ^vcjud^- 
Kit  we  will  take  time  to  considcT  it,  it' 
't  demur,  uor  take  issue,  or  rcjily. 
'.  Withins.  Will  your  lordship  pleiisc  to 
s  one  woni  ?  As  it  hath  been  olisen  ed 
•onlship,  this-  is  a  plea  to  the  jurisdiction 
Oft ;  and  if  they  du  plead  a  |deu  of  that 
be  ooart  always  expects  the  pica  shoulil 
uiliaU}'  ^rood,' otherwise  it  is  not  to  bo 
.  Now  it  h  not  substantial!}  jifood  here, 
%  that  Fitzharris  was  in)j)eached  of 
■Hoa:  Now  such  an  Imjieachment 
j$^  ftr  nobody  can  lie  imiteaehed  for 
I  generally.  It  ou^lit  to  come 
the  particular  acts  Uiatmake  up 
^  _ ;  for  toe  callings  of  a  thing  so,  does 
il  k  so :  therefore  they  tlMt  would 
PIIm,  mint  ooime  and  shew  that  there 
that  hath  such  matter  in  it 
to  trweon ;  «o  thtt  tb«o  it  being 


a  nauifhty  plea  in  th.c  substance  of  it,  and  tlie 
end  of  it  to  put  this  court  out  of  a  jurisdiction, 
we  hope  for  that  reason  you  will  not  receive  it. 
Mr.  Sanderg.  One  word  farther,  if  yuur 
lordship  please,  on  the  same  side,  for  the  iing. 
As  for  this  pica  that  he  hath  pleaded  here,  ii* 
it  had  had  sulistaiitial  matter  in  law  whereupon 
to  ground  a  debate,  we  should  not  press  your 
loraship  not  to  receive  it,  but  we  must  get  off 
it  as  well  as  wo  eoidd ;  but  when  it  is  mani- 
festly pleaded  merely  for  delay,  and  it  so  ap- 
peal's to  your  lordslliip  upon  the  reading  of  it, 
and  that'  Uiere  is  nothing  of  substance  in  it, 
then  we  hope  you  will  not  receive  it,  nor  put 
Mr.  Attorney  to  demur  to  it,  or  take  issue  upon 
it.  -  Now  for  the  plea  the  case  is  thus :  Ilere 
is  an  indictment  for  treason  against  Mr.  Fitz- 
harris, for  conspiring  the  death  of  the  king, 
compassing  of  it,  and  declaring  such  his  in- 
tention by  a  venomous  Ubel.  Now  he  comes 
and  pleails  to  out  this  court  of  their  jurisdic- 
tion ;  and  what  does  he  plead  ?  He  says  \\m 
was  formerly  impeached  of  High  Treason  in 
the  Parliament,  tnat  is  all  he  says  concerning 
the  im|)eachment ;  then  he  does  come  and 
make  an  averment,  without  shewing  more,  that 
this  high  treason,  and  that  for  ^liieh  he  was 
impearhefl,  is  the  same;  and  takes  upon  him- 
self to  judga,  whetlier  the  court  will  or  not, 
and  \i  ill  not  submit  it  to  the  court,  which  cer- 
tainly is  not  the  right  way  of  pleading.  If  Mr. 
Fitzfiarris  should  come  and  plead  outer  foits 
ficgui\  tliat  he  had  been  tri(.*d  at  another  time 
for  the  same  offence  and  acquitted,  he  should 
not  have  sai<l  generally  he  had  been  formerly 
indicted  and  acquittcff,  and  tliis  fur  tlie  same 
thing ;  but  he  must  have  shewed  the  record, 
and  then  averred  upon  the  record  that  it  wan 
for  one  and  the  same  crime.  For  suppose  in 
this  case,  M'hich  would  have  appeare<l  perhaps 
to  be  so,  if  he  had  done  as  he  shoidd  have  done, 
.she\^  n  that  there  was  such  an  impeachment, 
wliew»by  he  was  impeached  of  high  treason, 
and  whicrh  impeachment  did  charge  him  witli 
treason  for  le\'ying  of  war  against  the  king, 
and  then  have  miule  a  c<niclusion  as  he  does 
u<iw,  with  an  averment,  that  the  iinpcachmcnt 
and  the  indictment  was  for  om^  ancl  the  same 
offence:  under  favour,  notwitlistanding  liis 
a\  (Tinent,  the  couil  would  have  judged  them 
not  to  be  the  same ;  for  if  so  be  the  reason  do 
not  ftp|»ear  uuon  the  rc'cord  to  be  the  same,  his 
averment  will  signify  nothing ;  why  then  his 
pleading  now  this  iasufticiently  for  want  of  the 
reconl,  will  Ito  better  for  him  than  if  he  luid 
pleadiHl  it  sufficiently.  M'hy  then  if  he  had 
now  pleade<l,  that  thmMs  a  recnmlof  the  former 
imiieacbmeiit,'  and  set  forth  the  record,  and 
then  averred  this  was  for  the  same,  Mr.  Attorney 
might  take  issue  either  there  was  no  such  re** 
cord,  or  said  it  was  another  treason,  and  tra* 
versed  it  that  it  was  not  for  the  same ;  and  so 
there  ivould  either  have  been  c»ne  trial  by  the 
record r  or ^ the  other  upon  the  fact  by  the  <*ouii» 
try.  But  nmv  as  he  hath  made  it,  this  trial 
Utth  u[ion  the  ret'onl,  and  upon  the  fact,  is 
only  txwhle  by  the  oountry,  not  by  the  reoord 


4fflQ         VTAnmAiS,  SSMiALUn.  xeni^Ptocrtdingt 

■   WmWMr.AtHnmytauimatibtlAtniM mo  bk 
.nok  MOM>L  dicB  ril  tha  faeeid  H.  A 

llMiiliiliillflilli'irt  ti    iiii    niam 

Mmft^mT irtiU  tf  ft  be  not  ftr 

ft«MktMt:  MdMDtfeMMflriwttlJrlib- 

Mrrf«MUMtWtakni.    Wbr  Ihwi  mw,  bit 
I«d.  M  to  ifae  Act:  If  ».  Attann  tolH 


kamdiiadiendt  Oaa.  I  n^,  anHttetriad 
WtkaoooobT.  taiW^hmflndedkm, 
lliilijiiMlii  nriiiiiUM  iiiiiiii  iwiwi  ■ntflwbica 
b*  the-emiBtn,  to  nnt  liguoa  bi*  plw  k 
Mwlrt:  mBdifdl•tbeM^  than  the  aaoMnfej 
fZMc4,  ■■ditbmmnl^plMdadoQly  Ar 
(Unr,  bBMoaaba  iRiiiHMH«iiiiettdMpm- 
MjaMUr,  laiifimi  Qalty  wNatChdty, 
irtiebiftliaiiiatlttflfftetiDaatpmpar  tone 
eaa^y.  1  ndw  hape  hehBotcaflMthaii 
Aathab:  bat  if  ke ha goirf ,  tt»  Aeiaeat 
bsfiU  woMBwa  Mmbd  aaara-  ma  tgnmi 
dnUBanaoBu  Ab< ftr  ihat iimbh y— 
lwllMjwffl»itghac— laMDWiaiiiyjay. 
ipd  iMiatoa  wa  |nj  As  Fla»  may  ba  m- 
jaeM,  aid  W  aw  aanRr  over. 

AU.Otm.  Hahatbnatpkaied'malpalit 
*MrBaaeid.' 

X.CJ.  Ym,  ilia  •frootnrtet  hRatalia 
'  FajliaiMotL'  Ha  doM  «ay  Oat  be  wm  im- 
■aacbtd  «f  h%h  trcaaon  by  the  Common  be- 
nm  die  Locda,  aa  upeon  W  the  record*  tbere- 
qf  aanw  lb*  Mootda  of  pariianwnt. 

jUt.  Gni.  1  did  Dot  truly  ranramber  Aat ; 
bat  I  baf  jonr  pardon  if  it  tie  so,  fm  I  liad  not 
■  viMr  ^tba  uIm  till  now;  butlam  ready 
ttai  to  to  vtiny  lb*  eovaH,  it  is  •  pun  AUae 

'"■    '"       ■   '     And  tbenmftmbr'- '- 


1  ottr  it  to  four  oanidnBliDn,  whrthor  yw 
wfll  gin  awy  tnne,  or  pRaeDtly  reject  it. 

£.  C  J.  We  Win  pre  them  uo  thne,  that 
ia  inra^  But  tbe  qucatioa  ia,  Wltether  time 
■hoold  not  be  taken,  not  in  tavonr  of  the  pri- 
aoaer,  bnt  of  the  king  aad  of' the  court? 

All.  Otn.  I  am  ready  to  make  out,  if  it 
wan  neceasary,  th&t  there  ia  nothitiff  uf  all  this 
hue ;  it  it  all  liction  that  ii  pleaded,  and  no- 
diia^  in  tbe  record  to  warrant  it :  I  have  a 
copy  of  the  whole  Jounial,  sod  ot'tlie  trausac- 
tiaoa  m  the  House  of  Lonb,  the  book  is  cloeu 
by  aiid  ready  hi  be  shewn ;  but  when  it  Li  a 
frinriooa  plaa,  I  hope  there  will  be  no  need  ot' 
tkat  trouble. 

L.  C.  J.  But,  Mr.  Attorney,  whether  we 
can  talc*  notice  of  tiie  Journal-book  now,  you 
bad  bea  ctmnder,  as  lliia  case  itands. 

Att.Gtn.  They  oui;ht  to  hare  it  here  rsady, 
dmr  eug^ht  to  have  it  lierc  in  poifae. 

Sut^cajoiui.  There  ba*e  been  rery  manv 
fOed  arsuments  ui^ed  by  vuii,  >>)>oa  whioli 

pwlia[ialliii|ihii  II  ill  III  jmlijiil  J miimii .  but 

tlw  ^uaslkui  is,  Whether  you  ore  now  in  any 
^nh  torn  as  we  can  pass  jadjrment  upon  this 
pl«  w  K»r  llmelbn:  it  beint;  olfcred  to  you 
to  cowto  <£  it,  what  yaa  will  d»  is  il ;  sure 


(hmilri  ci 
y«m  Bfan^>7v<.'tl,  ihen  you  tnayai 

L.  C.  J,  Wt  cEuinot  put  yon  U 
And  aw—  to  bind  the  kinv:  th< 
WtuA  M  it  b;  we  »m  comVtor  of  it. 

JW-gea.  "Bien,  iny  inrd,  I  will  A 

Sal.  wm.  Anil  we  prav  they  may  join  in  A* 
manw  jmnediktely. 

Sajcant /(^iVi.  If  thcydo  nolnieiuillit 
ddi^,  now  fb',  Altonicy  hath  demurred,  I 
■Of  pna  toy  will  Join  deTUumn  immediately 
'fllMlttaaerk  iif  tlie  crown  drew  tqit 
gcicnl  Oonarrer,  which  Mr  A  Homey  signed, 
Mid  it  was  mul  in  the  Murt  by  ibe  dok 
oflkaaim.} 

Jfl.  Qem.  We  pray  tbew  mn  jma  if 
tommr. 

Mr.  IKIKmm.  My  lord,  we  that  arr  aaigMt 
efoaoMri  to  ttlit  gentleman,  tliir  prisonar  ii 
Ae  iatr  (tot  yoor  lordship  may  bu  wtiidld, 
ud^lbatbsarva,  that  we  <lo  not  dnagn  tr 
itmn  to  May  one  minute  in  ihb>  tsusc)  ilo 
totoe,  tot  me  will  join  in  dtmorrer  vilk 


CTbaa  to  clerk  drew  up  the  Joimler  in  Dc 
mnnr,  wbioh  beiuir  nened  liy  lh»  four  gM> 
toitev  of  ettokl  with  Mr.  Fit/hurris,  vna  ite 
rwdineont] 

Alt.  Otn.  My  lord,  I  prsy  vour  jmlgmeBlf 
bere  ia  an  indKlmciit  tiir  t'l-ainini;  a  ireassiiME 
libd ^ 

Hr.  mUiamt.  Hy  bid,  we  hopa  W  M. 
not  be  put ■ 

AH.  Oen.  Pray,  Sir,  hear  wkM  I  Mft, 
My  lord,  1  demt  your  Mgnmi,  OalS 
pi^mayatBiid  orer-ruled  feraphiatoia* 
IB  it.  This  ia  a  particular  nidieliiMat  to  M 
fnmiing  ■  most  peruiciona  nrandllaili;  Ui_ 
against  the  kii^  and  tbe  goTemman^  to  llto-' 
•on  in  that  particular ;  and  1  think  than  k  it 
penon  does  doabt,  but  that  Ibia  ia  a  ■sM'- 
within  the  jurisdiHion  of  thfa  cotvt  M  Mr; 
Tfaere  ia  no  difficully  in  thu.  Wh«  4a  M' 
do  to  out  this  jutisdicticin  r  Iltejr  osn»  ai ' 

5 lead,  that  FitzharriH  wn  impeached  db  a> -' 
'rodifionr. ;  that  is  all  toy  pkad  of  lUr 
treason  in  general,  to  out  the  CMitt  of^a  Jiw 
diction  of  a  particular  treason,  *■—  *  '  '  ■  * 
maliciouH  traituroUH  Ubd ;  and  tt 
Urtrraiion  upontlie  statute  i^th 
king.  Now  they  hare  pleaded  do  p 
treoaou  upon  that  statute  thev  "  * 
for,  nor  up(»i  the  Btatuttftif  th 
nhic^  hath  a  gnuTnl  claaae  of  a  d) 
power,  and  it  may  be  he  waa  imncMfaed  aHB 
that,  and  we  Bhalt  not  intend  K  nllM  i  wJM,  Ml 
being  the  general  law,  tbe  other  but  s  pMl^ 
lar  law  fbr  tbis  king's  lift.  Now  in  «ll  pMI* 
tbcjuriiidiction,  they  ougbt  tobedieslriBItt; 
ami  moM  curtatii  of  any  pieas  wlntMiercr.  tgt. 
aa  I  olFered  beibre  tn  you,  an  I  ^  ilair  ImC 
they  ought  to  be  rewty  with  die  rcnad  WJ# 
tiQ' their  plea:  bat  tliia  in  ahett  I  iBWtif«( 


m,  fur  tonl»< 
id  tbia  is  a  ■■!■' 
i^tbalSttdTd*, 


STATE  TRiALSi  33  Chables  IL  l6Sl.—Edtvard  Fiizharris.  [274 


It  a  court  of  its  junsdiction  for  a  parti- 
ision,  it  »  not  a  tJ^nod  plea,  hy  sayingf 
impeachixl  or  indicted  gfeuerally  of 
umn,  and  no  averment  can  possibly 
For  it  spears  by  the  impi^acnment  it 
'  the  same,  and  it  is  rather  to  be  in - 
lat  it  was  not ;  but  the  inipeachmeut 
Bend,  that  they  went  upon  a  declara- 
er,  in  the  (statute  of  the  25th  of  Edw. 
I  reserves  to  them  the  power  of  deciar- 
on  at  largfif,  and  not  upon  that  which 
ried  here  in  an  inferior  court  upon  a 
r  statute  :  1  say,  my  lonl,  they  ou^ht 
feaded  itcertairily,  which  they  havniflr 
,it  is  fatal ;  and  I  pray  your  jud^eiit 
and  1  hope  they  are  ready  to  make 
ir  plea. 

en.  Aly  lord,  tliat  which  we  do  say  to 
bat  this  pica  is  neitlier  gtwd  in  matter 
;  and  if  it  had  bce.i  pleaded  never  so 
,  perhaps  we  would  have  denmrred  to 
IS  now  it  is  pleaded,  it  is  not  fonnal, 
eibre  we  pray  it  may  be  over-ruled. 
epiioD,  we  take  it  in  point  of  fbnn,  we 
fatal ;  for  there  is  no  man  tliut  pleads 
■wot  or  an  impeachment  in  another 
a  must  set  ibrdi  tlie  indictment  in 
t,  which  is  nut  done  in  tlus  case,  and  we 
I  to  be  fatal  to  it.  For  a  man  that  will 
\itrftntz  arou'U^  must  set  forth  the  iii- 
t,  and  all  ttie  proceedin<^  of  the  court 
at  indictment ;  this  is  the  constant 
\  in  all  cases,  and  particularly  in  \'aux'8 
e  fourth  report.  Wlioevcr  will  plead 
in/a  acquit ,  must  set  forth  the  record, 
it  will  require  an  answer  to  be  given 

J.  What  do  von  say  to  it,  gentlemen, 
■Hotaining  ot  your  plea. 
ITiUiBmi.  This  is  that  we  say,  my 
V^ek»|ieyour  lordship,  and  the  court. 
CMC,  will  not  tie  us  up  presently  to  come- 
^  tliis  matter.  One  thin^  1  would 
t,  becau^  it  hath  1>ceu  said  tncre  never 
ha  preci'Jent ;  I  think,  to  tliis  nurposnt, 
nedent  of  EliiutV  case  is  ver}'  iidl  in  it. 
omey  is  pleased  to  say,  he  never  found 
r  plea  to  tlie  jurivlietion  did  c^  er  require 
mer,  but  was  o\er-niled  or  allowed  by 
rt  presently  ;  but  that  ca^e  is  plain  U) 
nry  uptm  that  very  matter.  It  was  an 
ent  brought  a^^ainst  Elliot,  for  some 
canors  comniitu-d  by  lam  in  the  House 
■001 ;  this  being  pfcaded  to  the  juris- 
if  the  court,  the  Attomej'-Genpnd  at 
■i  said  it  was  not  to  be  received ;  that 
I  Mttter  he  in.si*4ed  on  then,  that  it 
^  njected :  but  the  court  did  then,  as 
■Mr,  over-rule  tlu:  atUimey  in  it,  and 
llidenur. 

L  J.  We  have  dene  tlie  same  for  you. 

VtAisMf.    Then,  my  lonl,  here  is  a 

Ml  thrt  Mr.  AlTdruey  hath  not  set;n  : 

w.  the  court  in  th;At  case  did  not 

,  vp  to  ar|rue  the  plea  presently, 

m  time  till  the  next  term.    \V  e  ask 

|ph|a  thing  of  tlu  court,  as  so  Jobg  a 

•fui. 


time  in  this  case,  only  Iiere  is  a  man's  life  in 
question  ;  it  is  indeed  for  treason,  and  so  it  is 
of  consequence  to  the  king;  and  there  is 
also  the  privilegt?  of  parliament  consequently 
concomed  in  it.  What  time  your  lordship  and 
the  court  shall  think  n^asonahle  ibr  us  to  be 
ready  in,  wc  Vxave  it  to  your  lordship ;  we  de- 
sigfn  not  to  debiy  at  all,  only  we  (k'sirc  a  n^a- 
sonable  time.  Your  lordship  did  in  the  case 
uf  Piunket  give  him  time  for  his  trial  till 
next  term,  which  is  as  high  a  treason  as  this^ 
I  am  sure. 

X.  C.  /.  You  would  have  [teople  think  you 
have  strange  measure  in  this  case,  that  you 
have  not  the  same  time  given  to  you  that  was 
given  to  Piunket :  Pray  consider,  you  olgect 
these  things  as  though  the  court  were  hard 
upon  you,  to  tie  you  up  in  poiut  of  time.  Is 
your  (^ase  like  Plonket's  1^  Pray  pve  us  leave 
to  clear  our  accounts  as  we  go  along :  He  ia 
brought  from  Irehusd  hither,  is  indicted  for 
what  he  did  in  another  king«lom,  and  it  is  by 
law  he  is  so  indicted  indeed  ;  for  he  beii^  kept 
close  prisoner,  and  not  knowing  what  time  be 
should  be  brought  to  a  trial,  he  desires  time  to 
send  for  his  witnesses,  who  are  to  be  brought 
over  to  dear  him  of  tlie  treason.  Could  we  in 
justice  deny .  it  him,  or  could  there  be  shorter 
time  than  next  term,  given  him,  when  his  wit- 
nesses are  in  another  kingdom,  and  it  ivould  be 
a  fortnight  or  three  weeks  before  possibly  he 
could  have  his  witnesses  here  ?  Tills  I  mention, 
Ik'  *ause  you  nill  needs  make  use  of  such  a 
case,  that  is  no  more  like  yours  tlian  any  thing 
that  is  the  farthest  diiferent  from  it ;  yet  you 
will  have  tiie  case  to  mcasm-c  with  your 
case. 

Mr.  WiUiamt,  My  lord,  1  know  it  is  in  the 
discretion  of  the  coiirt ;  and  as  your  lordship 
did  what  %vas  just  for  Piunket,  so  you  will  to 
this  })erson  :  1  know  ynu  a«  ill  do  what  is  rit^ht 
to  every  body.  We  arc  c<nins('l  assigned  by 
your  lordshijr,  and  we  doubt  not  but  your  lonf- 
ship  will  be  just  to  us,  and  give  us  a  reason- 
able  time  to  arsfue  it. 

X.  C,  J.      l^ok  you  by  tlie  way,  Mr.  Wil- 
liams, I  must  tell  yon,  wlicn  wc  assigned  coun- 
sel to  3Ir.  Fitzharris,  we  expfK?te«l  that  coun- 
!  sel  should  consider  the  plea,  so  as  to  be  able  to 
j  maintain  it,  when  they  come  to  plead  it  here  ; 
I  for  that  reason  we  gave  him  time  to  plead  it,  so 
us  he  would  stand  by  it :  What  neeiled  we  else 
t4>have  assigned  him  so  iniioh  counsel  in  such 
a  ease  as  this  is,  but  that  he  slifutld  l>c  n^ady  ? 
And  why  you  should  now  ho|nj  that  wc  will 
give  you  a  longer  time  for  arffumrnt  in  such  a 
case,  I  see  not.     (*onslder,  wnether  in  disc*rc- 
tion  }  ou  think  lon;^er  time  ought  to  be  expected 
uiion  such  a  plea  us  this  is  ? 

Sir  F.  Win.  iVIy  lord,  we  will  not  take  upon 
us  to  prescriije,  nor  to  mention  any  time  in  par- 
ticular, we  leave  that  to  the  dis4*rction  and  iu«l;>-- 
nieiitoftlie  eoiirt;  hut  tliis.  I  think,  we  nny 
pray,  urcording  tu  the  duty  \vt;  owe  tu  tiuV 
cllcut,  ii^»on  \<iin'  lordslsip's  :iss!:;-iiii|(r  us  of 
counsel.  We  cimiM  not  fon  :»cf."  nli  to-day. 
uliui  the  LiML;''i  counsel  \\ovdd  do;    whether 

T 


I 


9fi-\         9TA'rt  TRIALS^  S9  Cuun 

Hr.  AUsraey  would  take  iMaa  npta  w  «r  wtll 
tftlRtatr^iarufanvtjvtomamnaeBl:  Wa 
cmU  bm  fivetto  whether  he  wmU  dentor  M 
r  not.  I  know  year  lonUup  will  be  ■ 
'~iU«  to  u  ••  joa  c —  -■•^— ^ — ■■ — 
,arrislitoflIiaeei 
r,  end  wenU  hwe 

isaH  i|ient  in  fbrmita^of  the| 
t  pceftare  peiticulwi 

w 

pcoent  may  dd*y,  aa  any  penont  coold  be  in 
ear  coaditiOD ;   ihcnAre.  b  bht  be,  we  bare 

■'         a  off      '        ' 


HMrweaeewberetbedoubttdiiUeapooit;  it 
U  «  matter  of  law  pleaded  to  ^  jnriadicMoa  of 
the  eomt.  I  do  not  indeed  brre.lo  dto  preee- 
denls  upon  wiMt  ia  pUn ;  bat  witfad,  I  do  not 
lave  le  Hj  thii^  i^on  a  eodden  an  pUe  wfthr 

__.  j_^ —   1—  j-i-  J  ^u  ^-  M  it  ia 

.       d,itkftcaMiw^ 
s  of,  and  jreua  loo ;  I 
■nnataajritwiihyiNirlanUim^lewe.    IVie- 
fare,  if  m  tbe  eaae  of  my  kwd  SeUia,  whieh  wM 
Imt  ^OB  an  infiNrm«ta»^  and  Am  hot  ftr  ft  mis- 


n.  1811— :Pni'iii>hi'iijMi«        («■ 

uid  wliat  we  tiuiT  c»U  m- 

I,  lutth  luaiie  bd  alleratioD  finn 

d  we  liiuubtv   )iray  ^^  mif 

B  accordiD^  to  the  nUe  of  om. 

tneiiee.      My  Innt,   whereas  ihcj  tn 

toeaB  it  a  fnToInuK  pli^a.  I  helineil  If 

tt  Ike  gteaxesl  'uap"n  that  ever  tluae 

ten  rawT  here  ahout,  ivliaUne>er  llMy 

pleaaed  to  mv.      Rut  your  lonlahip  knmN 

die  He  of  •  mni  Li  the  ^reawiA  rarnunle  ta 

law;   and  O^t  t<i  be  ■  most  ancient  uidwin 

nde,  ■  De  marte  hsnunia  nulla  est  cunrtalie 

'  longa.*     And  tiitne  we  oould  not  muoniMv 

espoet  m.  be  Aoiighi  to  cimc  i>ravii1rf|  ia  thn 

"■ — Hj  pray.lhit  your  Innltthip  wfll 

tuuonaUe  time  an  jonr  loiifaUf 
ahall  think  iSt 

L,  C.  J.     Cobip,  let  me  propose  ihia  lo  yon. 


Iheooh  tt  waa  a  pka  directty  to 
.  of  tbeeoiut,  and  certainly  mey 
pRpved;  for  they  were  aH  at  fibor^,  and 
bed  raaort  to  all  papen  and  bookabefimthe 
plen  pleaded,  which  we  could  DM  hare;  yrftfae 
oonrt  was  pleaaed  to  laaign  them  thne,  and  give 
diem  a  li^  time,  I  bc^  we  ahall  bave  aome 


JboaU  have  so  Iod^  time ;  but  I  humbly  be- 
aeecfa  yow  lerrinhip,  that  we  may  do  our  duty 
lo  the  eoait,  aral  to  our  clieet,  that  we  may  hare 
a  fittle  time.  It  in  true,  it  is  a  great  and  a  bor- 
lid  treaaon ;  but  it  is  as  true,  here  'a  Ibe  Hie  of 
a  man  (xmcerncd  in  it ;  wc  affect  not  delay  at 
all,  but  hope  you  wiD  not  deny  us  what  lime  is 


migfat,  if  .you  bad  pleased,  hare  entitled  your- 
adtM  belter  to  have  had  time  to  speak  U>  the 
plea,  if  you  had  pleaded  over  to  the  treema  ; 
llien  we  could  hme  fpven  you  time  to  lisTe 


■pofccn  to  it,  anil  not  tielayoi  the  king;  at  all 
iHit  you  haTe  thoinfht  ht  not  to  plead  over. 
WUst  cODless,  I  did  eir^ect  yon  ivould  havB 


iheught  yuu  wouM  ;  thLTcfore  having  not 
dtoie  it,  it  ia  in  nur  coDsideratiiin,  whi'iKer  we 
will  giTe  you  time,  and  what  (iim,-  We  will  gii 

JO.I, 

Mr.  Walti^,  It  ia  under  your  Indship's  fi 
four,  according  to  the  usual  course  of  modem 
pncticc.  I  luLve  been  an  uaprufitable  all 
ml  here  near  forty  years,  and,  (or  my  part,  1 
did  ne>'er  yet  sec  so  swifl  a  procecdini;  as  this 
ianow;  it  is  as  sniti  as  ligliiniug.  It^sn  very 
eitiaordiiiBiy  lliiiig';  w-l-  niigliE  well  oi>nc  " 
that  uothiu;  more  xhuuM  hu  expected  fru: 
than  what  is  ujual,  and  thnt  wa  should  not  lif 
iHilOlrtof  the  ordinary  proceedings.  ADciontly 
mdoed,  aa  yuur  lordship  did  obnerre  the  other 
day,  ihey  pleaded  ort  Unmi,  and  then  the  pn 
fwdhiga  weiN  nry  quick:  now  indeed  it 


WiD  yon  plead  ei 

"-  Patle^.     My  Inn).  I  nlll  giveyria  M 
la  that,  Vi'e  cannot  dn  it.      U'hrnw* 


we  ilid  confer,  wheiko  If  et 
ii  would  not  ilesirny  tbe  piM, 
itiininn.  that  it  Mould  imOBf 
Kit  plrarl  orer,  but  WC  girvap 
I)  a  as  iiitlilTcrent  ami  Bghl 
to  me,  aa  any  luxlv,  to  lie  furred  inameil 
now;  bat  aa  Id  the  mati< r  ot'it.  1  belierea»- 
bodycan  aaylbcv  Fvfr«;iw  many  nMnatstl 
the  like  natmv':  'fhenHbre,  pi-ay,  my  lord,U 
ua  not  go  OB  ao  hastily  with  it.  tor  weconMiMl 
fbreaee,  what  nncc  we  know,  how  H  wouM  ll 
with  ».  I  didnot  think  ihey  uinild  hatedfr 
murred  ;  but  nrmr  \i  ^  come  In  thul,  wemml 
make  the  beat  uf  It.     V>e  hare  pleaded  Ah 

K'  a;,  if  you  will  not  he  pWsed  ID  ^fe  H 
ye  and  time  tii  lie  jin'pnri.-il  to  argiie  it,  joii 
must  take  it  at  ive  iire  nbic,  Kitice  we  mnna 
have  time  to  maLe  ounivtvu;^  alile. 

£.  C.  J.  Certainly,  Mr.  PoHexftn,  Ufim 
mn  vilr,  it  would  not  hurt  die  phn  to  |M 

All.Cen.  jtlylord,  ifyotu-torddnpllHIl 
to  fannir  me  a  word  in  tbiscaae;  I  bea^NM 
ml  things  urged,  particularly  inataacfaciaBi 
dem  prutice.  If  that  gentleman  iA  1^ 
that  in  any  caw  the  kin<T  aind  tbe  eooH  mm 
indulgent  to  give  four  days  to  plead  to  tlM  jali 
diction  of  tnu  court,  then  he  wiQ  ahow  M 
something  of  modem  practice,  which  IknM 
not ;  but  if  that  geutksnan  will  ii  iiiiiiilaa  ill 
dern  practice  in  a  great  nobleman's  CMa^  H 
whum  he  nas  of  counsel,  it  was  luld.Ui^irk 
wuuld  debate  (he  point  of  law,  be  moM  m^ 
pres«itly  :  they  never  would  give  Um  tinn'l 
prepare  lor  his  argument,  there  whbaM^ 
raudtrn  practice  tlien.  I  would  dnroUMl 
give  me  one  instance,  that  when  gendewrf 
aasi^ied  of  cminMil  to  plead  a  matter  to  dM^ 
risdictiou,  and  deal  so  with  the  kmg'seiMM 
OS  lltey  have  dealt  with  ua,  not  to  let  ua  aaatt 
plea  tillium';  the  modem  practice  hath  hMh 
Efive  them  any  time.  For  tham  to  any,  ttl 
they  could  not  foresee  what  we  wdoUM* 
coiild  tht>v  not  IbrcKee  the  pointa  cf  bv 
Couldthey  not  foresee  a  plain  case  r  bntlto 
do  nut  take  otf  tbe  great  mtter,  that  ha  tit 


then,  v>\wi\  they  hare  put  in  a  plea  upon  g^ruat 
f*onsi(lenitioii,  do  man  is  to  tliink  that  they  aro 
unready  to  maintain  it.  Our  exception  is  ^hort, 
and  they  do  but  talk  in  c^nenil  tcrmai  that  they 
are  unprepanil ;  and  they  have  no  rcuson  to 
ex[)ect  this  kinfincss  from  the  court,  especially 
since  thc^'  used  Mr.  Attorney  at  this  ratt>: 
They  gave  him  not  the  p)ea,  but  only  a  note  to 
tell  fiim  they  woid<i  do  that  which  they  Kuid 
four  days  before,  and  no  more.     If  they  had 


]  STATE  TRIALS,  53  Charles  II.  l6Sl.^Edward  Fiizharrit.         [278 

plead  to  thejunsdktioii,  ought  to  hare  (he  ,  they  would  put  in  this  or  any  plea,  witiiouthav- 
d  resdy  in  hiB  hand ;  but,  my  lord,  we  lay  iug'  considered  betbrehand  ^uiat  to  do.  And 
humbupon  that  which  is  our  exception  ; 

have  pleaded  no  impeachment  of  any 
;,  that  can  appear  to  be  the  same  with  that 
iiich  they  are  indicted,  that  is  the  |>oiiit. 
ve  auch  difficulty  ?  Did  not  these  learned 
men  think  ?  Cuidd  they  not  foresee  that 
oald  kmk  into  their  plea,  that  it  sho'uld  be 
?  therefore  I  did,  and  do  pray  your  judg- 
If  they  had  pleaded,  and  st^t  iortli  the 
1  truly,  as  it  is,  and  as  it  ought  to  l>e  set 
,  in 

Q^hav 
K  dsae  burpofieiy , 

I  am  uola  to  say,  for  these  gentlemen 
r  kovr  to  plead  a  record  as  it  ought  to  be, 
nw  thia  oui(ht  to  be  pk-ailtnl  to,  tu  out  the 

of  n  junmrtion  of  a  |mrticuhLr  crime. 
'  aay,  the  Ute  ot*  a  man  w  concenicd,  and 
die  peace  of  the  kingdom  conceniul  too, 
e  life  of  aii  great  a  traitor  as  ever  was  tried 
wtminafpr-hall.  For  if  his  treason  had 
I  effect,  oertainlv  the  kmgdom  had  been 
embroiled  in  civil  wars  by  this  time ; 
the  whole  peace  of  the  Icingdom  de- 


pretend  ne  are  surprised  for  all  this  usage,  ^%e 
see  the  plea  here,  and  uesee  the  faults  of  it, 
and  we  have  demurred  to  it,  and  tell  tliem  our 
exception ;  sure  they  are  better  prepared  than 
it  is  possible  for  the  ting  to  be,  yet  we  arc  ready ; 
and  we  hope  you  will  cn-ant  them  no  longer  lime, 
^'rj-  Jtjfhiet.  Will  }oq|:  lordship  be  pleased 
to  spare  me  one  word  :  1  tVonder  at  what  Mr. 
Wallop  s(;ems  now  to  urge  concerning  the  life 
of  a  man  that  is  concerned  in  this  case  :  it  is 


true,  the  hie  of  a  man  is  concerned,  m  hich  is  a 
s  ipon  hu  life,'  and  it  dei>enrls  ^ijion  the  ■  dear  thing  to  the  law  ;  but  ceituiuh  toe  life  uf 
nif  sfthe  whole-niatter.  And  I  challenge  I  the  go\erument  is  more  dear  to  the*goveniment, 
I  ViBi  >f  t^y  <^"  «liew  me  imy  instance  j  and  all  courts  of  justice,  thun  the  Ule  of  any 
bike  nature.  Tliat  of  Eliot's  case  that '  one  single  person :  And  1  am  sure  this  one  per- 
amrioped,"  it  was  an  infnniiation ;  and  to  '  sun  hath  done  as  much  as  in  him  lies  to  strike 
'  DpQB  inlbrmations  there  have  been  de-  j  at  the  liit^*  of  the  gr)\  ernmcnt,  in  case  this  be 
tn,  but  to  indictments,  found  by  twelve  ;  iriiotimt  is  laid  to  his  charge.  Now  Ut  make. 
do  not  meet  with  any  denmrrcr  •  this  cuse  like  to  Plunket^s  tlie  other  day,  is 
to    a  plea   to    the    jurisdiction.  I  strange  :  I  think  your  lordship  hath  given  au 


we 


I  pray  your  juffgment,  tliat  he  may  pica*!  I  acco.nl  of  that:  Fc»r  hath  he  pleaiied  Ut  the 
■a ;  for  it  is  but  a  respondes  ouster^  and  fnct,  not  guilt\ ,  as  Plnnlu^t  diil  i*  We  that  are 
hBK  gentlemen  desire   to    take  time,   1    of  the  king's  counsel  would  in  common  charity 


!  jta  will  not  delay  the  king  by  giwng  h<»ue,  that  he  is  not  guilty  ;  but  I  am  aure» 
ionee  to  such  a  p£iin  im[»erfect  plea ;  ti>r  if  lie  b<  giiiltv,  no  tlitglisliniau  can  think  that 
e  kigJb  matters  they  t:ilk  ot,  that  will  be  the  j  hi'  di-.t  r\es  to  live :  W  hy  then  should  we  be  so 

rre,  they  can  ne\er  come  in  (piesiion    fonit  of  a  man's  life,  th:n  hath  lieen  guilty  of 
plea.    *  .  snch  a  fiK'tasthis  :*  For  example  sake ;  sunly 

yUofOfaeral.  My  lord,  f  have  but  one  '  it  that  be  the  thing  in  riuestioii,  \\c  ought  to  have 
void  to  that  whurh  is  now  in  qne.stion.  sp;*edy  justice  eie< 'tiled  upon  a  man  that  de- 
ficeptions  to  the  pica  we  ofleivd  and  open-  .  ti'.*n'(^  iio  mercy.     Your  lonUhip  was  pleased  to 


bre ;  the  qiu*8tiou  is  now,  w  hetlier  they 
iate  time  U>  argue  this  plea  ?  And  the  ar- 


take  notice  of  another  circunislauee  in  the  ca^e 
of  Flunket ;  He  was  indiet«'d,  he  was  aiTuigned 
they  use  for  longf:r'tiine,iN,  the  life  of  j  and  wits  to  have  had  his  trial  in  Ireland,  and 
If  and  they  roidd  not  Ih*  pi*epjred  on  a  i  was  to  fetch  his  witni'sscs  fitim  thence ;  all 
n,  because  they  knew  m»t  wlial  we  viould  |  tlu^nhings  were  in  that  e:ls<^  He  desinnl  time 
For  the  hastv  proceedings  that  ha\e  Iwrn  j  to  consider  what  he  ithould  |)U*:id  ;  hut  your 
iCMe,  iikhicli  they  clainoiir  of,  I  think  i  lortLship,  tinding  an  iiidictiueiit  t<)nnd  against 
have  litik;  reoMMi  to  s|ieak  so,  since  that!  him,  arcdrdini;-  to  the  rules  «f  justing  over- 
ktm  done  in  tliis  caM'that  nt^er  nas  done  ;  ruled  tliat  matter  he  suirgesteti,  and  made   him 

tMhcr.  lie  hath  hail  three  ilays  time  to  !  plead  n(»t  guilty,  before  iwv  you  adiiiittetl  him 
r,  nhether  he  uiil  plead  to  the  jnrisilie-  |  to  debate  any  thiug«if  that  luet.  .\\u\  ihen  it  ap- 
f  Be  court,  which  iK'ver  nu.s  done  to  an\ ,  penriniftoyourlord&liiptobein  aiMttherkingiloiu, 
Igraat  a  favour,  that  he  is  scarce  entiti(*d  lo  .  and  1  hat  il  was  impossible  in  re'^ard  of  the  hu/.anls 
Ihvour.  Does  any  man  iM'lieve  that  of  the  winds  and  s«.*as,  to  g(*i  over  his  witnessed 
prepare<l?  Do  no;  gentlemen,  when  !  in  a  little  lime,  \  our  lordship  g:i\e  him  time; 
V  uf  a  plea,  consider  upon  what  '  hut  you  gave  bini  as  strait  a  time  as  could  l>e 
Ihey  plead?  Aiul  docs  not  that  let  <  .»n^»istent  \«ith  the  rules  of  justiee  snd  as  his 
■  the  whole  matter,  where  the  neak  |  cave  would  bear.  Now,  my  lord,  this  Inking  of- 
hft  plea  are,  and  nhat  may  he  objected  ttred  in  a  ease  of  that  e\|)eet:iti>)n  which  the 
;?  lam  sure  that  thcM' gentiehien  nre  ('Xrarliefore  you  seems  to  liave,  we  dcsin^  tlie 
"      '    I,  that  no  luau  docs  btlie^c  |  dispatch  ot  it  as  much  as  \\c  can.     In  uise 


2751 

BIr.  Attornpv  u  • 
iul  Retord^'itr  r 
oouM  nut  tui 
m,  or  not.      f 
fkTOtiralilf  t>« ' 
fiapcfni,  or  "if 
oessarVf  nm) 
our  tin  If  \\- 
and  wf  c'Mi' 
]au-  to  ()"ti 

eX|M;<-ti 


STATF,  T' 


%M>~.  •■^- 


..^  _c 


•uV 


..• 


pn  It'll  J  .. 

ha«l  u 

1M»\V    .1 

is  a  h. 
ill*'  • 

i;« 
%^ 
I 


J.  i. :'  my 
.    I-  '.wo. 

utii^D  the 

.*..    .♦"-«  is 


1 


.  %     .il  •♦€  hear 

.itjfc    111  we  hear 

^       . ■*.'.>iaiwfing  thi' 

.  ^1  I'S  liie  as  wf 

.    »,    t.   :«und  iriiiliy. 

. .  ^.    j»i  t  a*  any  so  irmt 

.:*.  "M  oiusidtT  of  this 

^,  t4,.o?  ihey  pray  it. 

•v  uitini'  t<i  give  thein  a 

..*^.;«r  Mi'  Lt.  and  !iee  what 

..«i  -iii>  ptea.     Rut  thru 

.^.   \KHi  must  take  notice 

•cdti  presently  alter  our 

'i\   ■••111,  we  hare  nothinsc  to 
lit>  t.'tt'^e  ;  \ye  are  onl^   to 

•^•iv  hn«*thcn  iff  \w)r  liir 

.   i»^  .icc:>iun  i#l'  this  pV.i  ? 

.,vi  K  ■ .   '.Ir'V  iii»  not  sjn'jik  as  to 

.     ..   ia.-.;irU'his  lili;,  hut  \\u'  «»///- 

,*Mi  .'tc  ikrision  «»nt,  suj-posinu" 

^..i  •'^f  i!k' pita.     TluTi'f.ui*.  AJr. 

^  v-   /ki  k  til  topvi?  hiiii  till  IVi- 

■.!   i\\?.\    III'   sliJiII  he  brou::l;t 

.»  .    .i;  .  :i  '»y    the    111  iitrnant    *•!'  thr 

uii  v»c  w'il  h«u*  tlu'-e  ^eiiiUuU'ii  : 

.^  ,     ..'  •:.!!  >\u'W   us  any  convirfr'.-alfle' 

^     .  "iKiiiii.'-iii  the  plea,   tlity  Hi U!>t  expect 

.  V  i»    i«,'»t'ii'y. 

,.    Tha!  reit:inly  will  he  tr>o  long"  a 

.IV.  my  Idnl,  »he^  oii«^hl  to  ha\elK>en 

^  ^,  V    ..  ..*     iiihi  \  uiil  !*<•  pi.  a>f:ii  to  Im'  rira^'y 

..  ..!•»»  uiomin;,'",  J  pray  il  may  jjo  ott'to  no 

^. ...»*..  .«it'e. 

».%.  .c  .'»»i«.  There  is  a  i;«cfs'^itv»  n\\  lord, 
I.    ^  111.;!  it  iihoiilil  Ih-  ku  ;  f.ir  thoru  is  a  \nn^ 

41  :iie  Iwr  Ihtc  on  Krida  v  . 
%t      ]\  iliiams.  'I'hat  is   u   \ery  short   time, 

\.Ni»Ci*  JoiKS.  You  uuist  he  re  ady  to-morrow 
■^  >  titt  1^ ■ 

\tj  Wii'iims.  I'lihsK,  m\  |f»rd,  you  will 
^,*cu'**4  little  more  tuiir,  yoi  had  as  tr«M>d 
.  :ti  u^  no  time. 

*    /    t*.  J.    It  seems  tin-  hiisiiu  s:-*  of  llu-  Court 
Ik  mu!i,    on   l'Vida^\    monniiiC   \  .mi  cannot  he 

beasd* 

J w^lliTv  Jonci.   ICiiher  it  uuist  l»e  to-morrow 

^i^rtiuu;  or  Saturday,  aud  that  is  £xcbe4[ucr- 

^JliOibier  day. 


?4 1 . — Fre€eedin^s  agtaift  [C 

vh.  (jtn.  3Iy  lord,  I  belief  e  dwy  are  not 

L.  C.  J.  Mr.  An«niei-.  We  wookl  eiTe  th 
I  r^ra^npaMe  tinie  ;  but  Vet  we  woufd  do  i 
uiiitf  that  lui^ht  make  unncceanry  delays 
nts  case. 

Att.  Gin.  I  pray,  my  lord,  let  it  henolonj 
th.-'.n  till  tu-morpiw-.  ^ud  that  es  more  than  e 
was  i^iveu  in  such  a  case.  I  know  it  was  < 
oied  ui  my  lord  !!»taff'*jni's  case  ;  titer  woi 
not  eive  the  crtuDs^-I  any  time,  but  woilld  mi 
theuj  argue  presently. ' 

L.  C.  J.  A^  t«»  that,  Mr.  Attorney,  en 
case  Ntani'iS  upijn  lis  own  b«'»ttnm. 

S^ri.  J/?r/if<.  >I\  lofd,   we  hare  voor 
rcction  i'or  to-in«/rniw  morning'. 

Sir  Fr.  If'iv.  No,  no,  my  lord,  we  h( 
not  «o. 

/..  C".  J.  Look  1-ou,  gentlemen,  to  accoi 
niodate  yon.  the  i.'oiirt  doe«  think  tit  thus 
do  :  we  HJil  h'*  here  on  KatiinSay  by  sei 
o'chM'k  in  the  morninc".  On  Friday  we  can 
nothing,  for  theieis  a  kmg  ti-ial  at  bar  that  i 
take  up  our  time  ;  hut  on  Saturday  we  m-ill 
heix-  \i\  eight  o\-lork  stttini;^.  and  expect  yon 
be  here  by  thai  time :  ami  we  cannot  afic 
vou  then  king  time  to  a>^ue  in,  because  it  is 
ll.\f:hrf|uer-C  hatuhcr  day. 

Att.  (Jfn.  It  judgment  lie  a^inst  the  pk 
they  niiu»t  plead  p!r:«eRtly  then,  that  we  m 
not  li><»e  the  tei  ni  tor  a  trial. 

/..  C.  J.  \f»\i  must  take  notice  of  that,  1 
tl.e  rules  of  ti;e  Court  thev  must  do  it,  S 
Altormy.  If  our  ladguuni  be  ag'ainst  thei 
the  eiMirseof  the  enuit  is  so,  we  cannot  rule 
one  way  or  othir. 

Strji.  Jrlhri'-  Hut  then  they  ouijht  not 
pn  tend  they  lla^e  no   n<itiee,  their   witness 
are  out  of  die  v.n\ .  .ind  s'>  liinder  the  triaL 

Justice  ./..ri(%.   \'»,  No. 

Fi*zhnrri>.  .^iy  hutl.  I  d»"iir**  I  may  hi 
these  !t:rds  cnjpi,  to  nw  ;  uiy  lord  of  Ess« 
niv  lord  Salisimrv,  iua  !ir.d  uiavor,  vour  lor 
ship,  and  sir  Hiik'rt  (.lauon,  to  |>eriect  n 
ilistHnerv".  1  haie  jw-mtthinj^  to  discover 
your  ionlsliip  and  them. 

L,  C.  J.  \  inii-  disc^cry  of  what,  do  y 
mean  :* 

Fiisii.  Of  the  riot,  and  'd"  the  murder  of  i 
bdnmniil)ur\  (i<M!li-«>\ . 

Is.  C.J.  '\Sv  «1'«!  rvnuiir.p  v^"  about  t 
imnder  of  sir  ICdiiUU'.dlMiiy  (icMifrey. 

i'lLzh.  ^'(-ur  ii>4i!>liip  went  away  in  hasi 
lietore  1   had  ti.l'l  all  \  could  say. 

L.  C  J.  We  a*»ked  you  ii-n  times,  whetl 
you  liad  any  more  '.u  s.y,  and  \u\\  said,  No. 

y'*:h.  y\\  loni,  i  V  IS  in  oonfusiou  and  co 
sliTitaiion  ;  I  se.iue  knew  Avhut  yourlord&l 
said  (>)  me. 

L.  C.  J.  ^^e  v\eiv  uoi  in  haste  ;  we  ask 
you  olien  that  ri.estioj!. 

Fi^zli.  It  wr.s  haste  lo  nu!,  Iiecausc  I  n'as  I 
pro\iilef!  ot'tiii-  ipiestions  *.  ou  asked  me. 

Jiistici!  Dvtbt  It.  To  souic  of  the  questions  t 
aske<l  yor,  you  answertnl  readily  and  freelj 
hut  to  some  wc  coidd  not  \gsX  a  positive  aniw 
hy  any  lucaus. 


281] 


STATE  TRIALS,  33  Charles  IL  iGSU^Edward  fitzkarris. 


[282 


Att,  Gen.  My  lord,  he  told  me  he  was  not 
in  England  tbeD,  and  that  lie  knew  no  more 
iban  what  he  had  discovered. 
Fiixh.  Did  I  tay  so,  Mr.  Attorney  ? 
Ait.  Gen.  Yes,  you  are  the  man. 
Fitzh.  I  can  brin^  20  witnesses,   I  did  not 
teU  y«»a  so  ;  and  I  can,  Iniug  500  witnesses, 
Ibt'l  was  in  town  then.' 

L.  C.  J.  lieutenant  of  the  Tower,  take  your 
moner,  and  be  here  before  ei^ht  o'clock  on 
bturdav  momxn;^. 

Sir  I'r.  Win.  My  lord,  now  I  desire  we  may 
kifc  a  cony  of  the  whole  record. 

L  C.  J.  Not  of  the  indictment,  but  of  tlie 
flra  aaA  demurrer  you  may. 

Sr  Fr.  Win.  But,  my  ibnl,  I  hope  you  will 
kl  iha  indictment  be  read  upon  Saturclay,  be- 
Xr.  Attorney  had  fixed  his  exception 
put  of  the  indictment,  which  is  the  libel 
calls  the  particular  treason,  and  1  desire 
ilaay  be  in  Court. 

L  €■  J.  It  shall  be,  and  if  you  have  any  oc- 
CMB  of  reference  to  it,  we  will  look  upon  it ; 
veHtiU  upon  our  oathn,  and  muRt  take  heed 
tew  pnjiidice  be  done  to  the  kini;^,  as  well  as 
It  tee  die  prisoner  have  no  uniair  thing*  put 


Ita  the  prisoner  was  carried  back  to  the 


QtaSitarday  the  7th  of  May,   1681,  Mr. 
^* — '-  was  brouffht  to  the  bar  of  the  Court 


tf  Kki^Vbeocb,  about  eig^ht  o*clock  in  the 


Sr.  WUliami.  May  it  please  your  lordship, 

I  VMgned  of  counsel  for  this  person,  Mr. 

ViUkHiii,  the  prisoner  at  tlie  bar. 

^J^-  Gtn,  My  lord,  if  you  please,*  I  will  only 

kH^Hmaint  them  with  what  our  E.Yccptions 

i^MUicy  may  apply  themselves  to  them. 

LCJ.  Look  you,  i^ntlenien,  I  must  tell 

^  iB  our  time  is  strait  enough  for    this 

■Mkr,  ibr  we  are  all  of  us  to  be  by  and  by  with 

jtfce  Judges  in  the  Exchequer- Chamber ; 

*8Rfire  we  pray  this  of  you,  we  will  abrid^^e 

^■n^s  speaking  what  is  material  for  this 

fal,   but  we  desire  you  will  keep  to  the 

Mkr,  and  the  points  in  ouestion  between  vou, 

^  nve  our  time  as  much  as  you  can. 

Att.  Gen,  That  is  the  reason,  my  lord,  why 

1  vrndd  hy  my  finger  u|»on  those  points  that 

*flbe  the  qufstions  between  us.     Now  the 

bontions  1  take  to  the  Pk*a  arc  tlicsc  :  this 

■•  plea  to  the  jurisrliction  of  the  Court,  and 

IM  of  our  RxceptKHis  are  to  the  form,  and  one 

■  Itthe  matter.    To  the  form,  my  Exceptions 

^Jikne :  fimt,  we  say  that  the  general  alle- 

Nm  tliat  be  was  impeachctl  dc  alia  Prodi' 

inr  b  mioertain,  and  too  general ;  it  ou^ht  to 

tot  been  particularly  set  out  that  the  Court 

Shi  judge,  whether  it  be  the  same  crime, 
il  M  mjI  bellied  by  the  aycmient.  And  the 
JHnoepiMiD  I  taketo  it,  is,  liere  is  no  im- 
MkBCBlalledBed  to  be  upon  roooni :  I  men- 
JM  this  the  last  time,  and  kiokuur  more 
iBttljiBtoitylfinditissoasIsaid:  n>rthey 


come  and  make  a  general  aUegation,  that  Fitz- 
harris,  such  a  time,  was  imjieached,  *  Impe- 

*  titus  fuit,'  by  the  Commons  before  the  Lords, 
'  Quicquideni  impetitio,  in  plcno  robore  existit, 

*  prout  per  recordum  inde,'  &c.  Now,  my  lord, 
there  is  no  impeaehmcnt,  mentioned  betbre : 
and  *  qnie  quidem  iiniietitio'  is  a  relative  clause, 
and  if  there  be  no  impeachment  mentioned 
before  in  the  plea,  then  there  is  nothing  averred 
upon  the  record,  to  be  continued  or  disconti- 
nued ;  for  Impetitio  does  not  actively  signity 
the  impeaching,  or  passively  the  person  im- 
peached, but  it  signines  the  indictment  or  im- 
peachment, that  instrument  which  contains  the 
accusation,  and  wliich  is  to  be  and  remain  upon 
reconl.  Therefore,  when  they  come  and  say 
he  was  impeached,  and  afterwards  allcdged, 

*  Quue  quidem  Impetitio'  remains  upon  record, 
that  cannot  be  good.   If  a  pica  should  be  *  Indie- 

*  tatus  fuit,'  and  allerwards  they  say  *  quod  qui- 

*  dem  Indictamcntiim,'  &c.  it  cannot  he  good, 
for  the  relative  there  is  only  illusive.  These 
are  our  exceptions  to  the  form.  For  the  matter 
of  it,  it  is  a  jdea  to  the  jurisdiction  of  the 
Court ;  and,  with  submission,  there  the  point 
will  be,  whether  a  suit  depending,  even  ni  a 
superior  ('ourt,  can  takeaway  the  jurisdiction 
of  an  inferior  Court,  who  had  an  original  ju- 
risdiction of  the  cause,  of  the  person,  and  of  the 
fact,  at  the  time  of  the  fact  committed.  What 
use  might  be  made  of  it,  as  a  plea  in  bar,  might 
l»o  of  another  consideration ;  but  whether  tnis 
be  enough  to  make  it  amount  to  such  a  plea, 
as  will  take  aAvay  the  jurisdiction  of  a  Court, 
that  had  an  original  jurisdicti(Mi,  that  is  the 
question  before  yon.  TIicso  are  tlie  exceptions 
I  take,  and  do  insist  upon  :  and  I  desire,  my 
lord,  the  counsel  will  apply  themsi^ves  to  these 
exceptions,  to  answer  them;  and  when  we 
lia^e  he^rd  what  they  can  suy,  I  hope  to  give 
them  an  answer. 

Mr.  Williams.  My  I>nrd,  I  am  assigned  of 
(counsel  for  the  pri<K)iier  at  the  bar,Edwai'd  Fitz* 
harris,  who  is  indicted  here  tor  high-treason,  and 
hath  pleaded  a  special  plea  to  the  jurisdiction  of 
the  court :  and  I  ini*stci*ave  leave  to  state  his 
case  upon  the  indictment,  the  plea  to  the  indict- 
ment, ami  the  <lctnun*er  to  the  plea.  And  the 
case,  iiiy  loni,  upon  the  whole  record  stands 
ihuH :  he  was  indicted  this  term,  by  one  of  the 
grand  juries  for  this  county,  of  Iffisj^h-Trcasou. 
As  to  the  Indictmcut,  it  caimot  be  exjicclcd  I 
should  state  the  parts  of  it,  it  being  an  Indict- 
ment I  never  saw.  To  this  Indictment  tJiua 
ftresented,  Fitzhanis  Imth  pleaded  thus :  That 
le  ought  not  to  be  compelled  to  answer  to  this 
indictment  because  thai  bcftire  the  ludictinent, 
waii  found,  at  a  parliuinoiil  held  at  Oxford  the 
Slstof  March  last,  he  wa<«  impeached  by  the 
kni^fhts,  citizens,  and  burgesses  of  the  Ilouse 
ofCommimK  in  paiJianier.t  awembled,  in  the 
name  of  tlieiiiselves,  and  of  all  the  Commons  ol 
England,  of  High -Treason;  and  that  this  wai 
liefore  the  court  of  liOnls  in  that  |>arliament. 
He  says  farther,  that  this  iniijea(*hinent  is  re- 
maining in  full  force  and  eficct  before  the  Lords 
in  Parliament,  *  prout  per  recordum,  inde  inV 


283]         STATE  TRIALS,  33  Charles  IT.  l6Sl.--Pro€iedingM  agakui         [2S^ 


Record.  Parliaroenti  remaDOis  plenius  liquet  eC 
«pparat.'  These  are  the  words  of  the  plea: 
and  then  he  avers,  that  the  Hijrh-Treasoii  men- 
tioned  in  the  Indictment,  and  tne  Hig^h  Treason 
qiecified  in  the  Impeachment,  are  one  and  the 
•anae.  And  he  furtlicr  avers,  that  he  is  the  same 
Fitzharris  named  in  that  Indictment,  and  men- 
lioaed  in  the  Impeachment..  And  ailer  the  aver- 
ments, ho  concludes,  to  the  iurisdiction  of*  the 
court :  whether  upon  all  this  matter  they  will 
proceed  any  farther  against  him  upon  this  in- 
dictment ;  and  demands  the  judgment  of  tlie 
court  to  that  purpose. 

Upon  this  plea,  Mr,  Attorney'  hath  demurred 
generally,  and  we  that  are  ot  counsel  for  the 
prisoner  liave  joined  in  demurrer  ^rith  him. 
Now  in  this  case  which  thus  comes  before 
yon  for  your  judgment  U|)on  tliin  pica  and 
this  demurrer,  1  take  these  tilings  to  be  ad- 
mitted. 

First,  That  tlic  prisoner  stands  impeached, 
hy  the  Commons  oi  England  in  parliament  as- 
ficmbled,  of  High -Treason.  Secondly,  That 
Che  impeachment  thus  made  by  the  Commons 
ID  the  name  of  themselvirs,  and  of  all  thv 
Commons,  of  Englan<l,  before  the  Lords  in  par- 
liament, for  treason,  is  now  in  being.  Thinlly, 
whidi  I  omitted  in  the  opening  of  the  plea,  that 
this  was  done  *  secuiid.  legem,  et  cons,  par- 
liammti ;'  and  being  so  remains  *  in  plenis  snis 
robore  et  efiectu."  And  more  particularly  this 
plea  does  refer  to  the  reeonl,  for  t  nc parts  and  cir- 
cumstances of  the  Impeachment  Uself,  <  prout 
patet  per  record .  incle  inter,'  ^c.  S(»  that  it  does 
refer  the  lm|)eachmcnt  itself  to  the  record,  and 
tells  you  this  is  amon^the  other  records  of  that 
parliament :  all  this  is  admitted  by  the  pica. 
Fourth!}',  And  moreover,  that  this  treason,  for 
which  he  stuiids  iinpeaclKNl  before  the  Lords, 
and  the  (r(•:i^oll  for  which  he  stands  iiidictefl 
before  this  court,  are  one  uiul  the  same  treason 
and  no  way  di\ers<' ;  and  so  they  arc  the  same 
numerical  thiiii(,  and  there  is  no  m:uiiicr  of  dif- 
ferent :  and  tiiat  thi«i  jK.reon  Fitzharris,  now 
indicted,  and  the  l-'lt/imrris  impeached,  are  one 
and  the  saiur  person,  and  no  wav  di^  t'l'sir.  AimI 
withal,  my  lord,  it  appi-ai-s  ]ilainly  upon  the  ro- 
f^ord,  that  this  liii[>c:ichnicnt  was  dcpendjirjf 
before :  the  f  ndiclincnt  found  for  the  parliunicnt 
was  the  21st  of  March,  and  it  appears  by  the 
record  this  is  only  an  Indictment  of  this  term. 
And  another  thing  1  must  intrcat  }0U  to  ob- 
serve, my  loni,  it  docs  not  appear  biit  that  this 
parliament  is  still  in  being,  for  any  thinp^  to  the 
contrary  in  the  reeonl,  and  as  I  take  the  case, 
then  it  must  1m>  admitted  so  to  In?. 

tte  then,  I  take  the  plea  to  he  in  substance 
thus,  though  Mr.  Attorney  was  pleasi-d  to  ex- 
cept to  iMrtii  the  snlwnmce  and  the  foim  ;  but  in 
substance  the  case  is  tfuis:  here  is  a  person  im- 
pcacheil  in  parliament,  by  the  Commons  in  l*ar- 
tiament,  for  Hi;xh-'i'rtVson,  before  thel^nls  in 
l\irliament,  and  for  a\ight  appears  that  Parlii»- 
ment  still  in  being,  and  this  Im|»eachnient  still  de- 
pending; then  here isan  Indietnientforthatvery 
treason  :  whether  your  loi-dship  now  ^^■\\\  think 
fit  In  thJB  court  to  [nDcce* t  u^>on  tliat  indictment. 


is  the  substance  of  the  case.  I  ahan  speak  ti 
the  form  by  and  by. 

My  lord.  By  the  way  I  think  it  will  not  b^ 
denied,  but  that  the  Cktmmons  in  parliameaj 
may  impeach  any  Commoner  of  treason  be^ 
the  Lords  in  parliament ;  1  take  that  to  be  ad< 
mitted.  And  I  do  not  find  thai  Mr.  Attonie| 
denies  it,  or  makes  any  doubt  of  that ;  tor  i 
think  that  was  the  case  of  Treailian  and  Bel« 
kiiap,  who  were  impeached  in  pviiament  by  tb 
Commons  before  the  Lords :  I  am  sure  mj 
Lord  Chief  Justice  Vaughan  does,  in  his  Re« 
ports  in  Bushel's  Case,*  say  so ;  and  upon  thai 
Imjieachment  of  the  Commons,  one  of  thcsD 
was  executed,  and  the  other  banishedi  in  par 
liamcnt.  My  Lord,  I  cite  it  not  roerrilyy  but  ] 
cite  it  as  authority.  Indeed  I  do  not  go  so  fti 
M  to  cite  tlie  Faruament  Roll,  it  was  in  the  timi 
of  Uichard  II.  I  have  not  seen  the  RoUof  bti 
truly,  but  I  am  stire  it  is  upon  tlie  Roll,  and  thai 
it  is  to  be  found. 

Since  then  Impeachments  of  Commoncn 
will  lie  in  parliament,  here  then,  my  Lord,  wil 
be  the  question,  Whether  this  court  may jpn»- 
ceed  upon  an  Indictment  tor  the  same  oSteoei 
the  [larliamcnt  was  for  ?  And  here  I  shsU  dis- 
tinguish upon  Mr.  Attorney  :  he  does  sJknr  thi 
parliament  to  be  a  superior  court ;  hut  admit- 
ting that,  he  says,  though  it  be  so,  yet  the  in- 
ferior court  hanng  oji^ial  jurisdiction  of  tha 
pci-soii  and  the  caiLsc,  it  may  proceed  notwith- 
standing an  indictment  in  the  suiierior  cooit ; 
and,  ergo,  he  does  infer  that  this  court  rmj 
proceed  upon  an  Indictment,  noCwithstandiBg 
an  luijieachment  in  parliament. 

My  Lord,  i  will  compare  a  little  the  rase  of 
an  Indictment  and  an  Ini])eachment,  and  slieir 
how  inauifostlv  they  differ.  I  do  take  the  ease 
of  an  impeacfiment  not  to  be  the  case  of  an 
indictment,  and  so  the  prinf:iple  that  Mr.  At^ 
tornev  hath  taken  is  wrong,  an<l  the  ground  id. 
that  argument  wrong.  1  cannot  say  it  is  like 
the  case  of  an  ap|H:aI,  but  I  may  say  the 
ca>:o  of  an  appeal  is  like  tlie  case  of  an  im- 
peachment. For  in  an  ap|»eal  of  murderi 
though  the  indictment  be  capital,  and  the  sams 
that  is  given  upon  criminals  prosecuted  fur  the 
king,  yet  it  is  at  the  suit  of  the  |»arty,  as  in  this 
case  it  is  at  the  suit  of  the  Commons ;  and  as 
it  is  an  intimation  of,  and  analogical  to,  aoi 
ho^us  the  rcsen\bliinc4;  of  an  impeachment  in 
parliament ;  i  Avill  not  compare  au  impeack- 
iiiejit  to  an  apfH'al,  hut  I  will  say  an  appeal 
imitates  an  ini[uachnicnt.  And  it  is  as  plain  as 
can  be,  l>ecausc  appeals  are  proper  tn  courts 
in  U'estmiDstcr-hali,  and  it  is  at  the  suit  of  tbs 
|>arty,  the  prosecution  and  all  the  process  ia 

*  ud  instantiqu)  partis ;'  so  is  an  imjicachmenl 
at  the  suit  of  the  Commons.  An  indictment  ii 
f(»uiid  u\Hm  the  pnfsciitiuent  of  a  Cirand-juijt 
who  are  sworn  '  ud  iiupii  rendu  in  pro  Domino 
'  Ucge  pr(»  Cor]>on;  Coui.^  and  it  is  a  mistaks 
in  the  form,  when  it  is  snid,   ^  et  pro  Corpora, 

*  Com.*  for  it  is  not  for  the  king  and  the  bodjr 
of  the  county,  hut  lor  the  king  for  thcliodysi 

■  ■        ,— —  1^ 

*  See  i^ol.  6,  p.  9Q9,  of  this  CoUcctiou. 


2«5]  STATE  TRIALS,  35  Charles  II.  iSbU-^Edward  Tiizharrlu         [28(> 


riH>  connt  J.    But  now  an  impeachment  in  par- 

liatnient  is  othenrise ;  it  is  not  in  tlie  name  of 

tbc  kmf^^  but  in  the  name  of  the  Commons  in 

PiriianMiit,  and  of  all  the  Commons  in  Eiig[- 

Und,  wherein  it  suits  with  an  appeal,  which  is 

at  the  suit  of  the  party  ;  so  tnat  it  is  like  an 

appeal,  and  not  like  an  indictment:  an  iiidict- 

vciif  is  for  the  kins;',  an  im[H.nicbnient  for  the 

people.     And  as  it  is  in  its  nature  and  consti- 

ntioo  different,  ao  it  is  in  the  prosecution  also, 

for  that  is  by  the  Commons  of  Eng^land,  tliev 

ve  the  prrMerutors  in  effect ;  but  now  in  all 

ndicliiients  they  are  prosecuted  al^vays  by  the 

kbs's  attorney,  or  by  some  person  in  tbc  name 

if  the  king'.    "^Ve  are  now  arpiin^  u|i<m  the 

BetMs  and  forms  of  parliament,  therefore  I 

mrt  crave  leare  to  inust  \x}^m  those  nieth(Nls 

BMre  peulicularly.    The  Commons  they  hriii^ 

^  the  impeachment  to  the  Lonls,  tlise  Com- 

BOBftthev  prosecute  the  imi>eachment,  they 

Moa^  the  evidence  u|)on  the  trial ;  and  when 

ihe  iMtlii  have  consiilered  of  it,  and  have  found 

Ihete,  the  Commons  come  and  demand  judg- 

■KBt,  ud  judpiient  is  ^fen  at  the  prayer  of 

fte  Commons,  and  no  otherwise,  and  there  are 

M  fmmdings  by  the  attorneys.     Indeed  there 

katcWa  attempts  by  attorneys  to  prosecute 

ynuM  in  parliament,  by  exhibiting'  infonna- 

tiMi  a  Itie  parliament ;  Cut  what  success  they 

kive  had,  1  leave  to  them  to  considor  that  arc 

naoeraed,  and  have  read  the  Rolls  of  Parliu- 

■oiL    But  it  is  not  safe  to  alter  the  old  ways 

■Tpviianient,  therefore  I  take  it  under  cm- 

VHlHB,  that  it  is  out  of  the  road  of  com[mri- 

■aif  when  they  will  conipare  an  indictment 

■in  impeM-hment  tocher ;  for  they  do  not 

^ff^  but  differ  extremely. 

IwBoUthen  offer  you.sopne  reasons  why 
I^QMrtoii^ht  not  to  proc^l  uiMm  this  in- 
M.  Itake  it,  \%  docs  not  become  the 
if  this  ciiurt  to  weaken  the  methods  of 
in  parliament,  as  this  court  will 
^Statlj  do :  for  if  you  will  admit  this  to  be 
fkeoMunL  that  I  have  o|ienc<1,  vour  pniceod- 
*St  vil  aher  it.  ^Vheu  there  fs  an  im)>each- 
■nf  depending  in  |wrliament  for  treason,  if 
par  loruship  will  admit  there  may  htt  an  in- 
vtoKitf  here  afterwanls  in  this  court,  and 
fwredin^  in  this  court  uimn  that  indictment, 
<■  tn  alter  the  nietho<l  cd'  parliament- proceed- 
^^  anil  to  sill  ject  the  methtNl  of  their  pro- 
MbAh^  tliereto  the  proceedings  of  this  court ; 
■iahat  the  mischief  of  that  will  be,  I  mu«t 
kMeto  your  lonlship.  As  I  opened  it  before, 
^mainA  nf  both  courts  are  different,  and 
Ur  pmceedin^  very  much  \'ary ,  I  think,  I 
■Mi  IOC  tn*ub&  your  lonlship  with  that ;  we 
'kSMT  it  very  well  in  the  main.  Indictments 
hllii  eonrt  are  to  be  tried  by  a  jury,  where  a 
must  be  ipvcn  presently :  there  is  but 


e^UfBUle  time  fur  yn^'i"?  ^^^  evidence,  or  for 
■b|^  observations  for  the  crown,  or  for  the 
;  and  in  order  to  briu^  it  to  the  trial, 
nwi  be  an  immediate  plea  of  Guilty,  or 
■i Coihy .  Now  if  the  pniceedinofs  of  purlia- 
■M  wm;  so  Midden,  there  might  be  a  i^eat 
^liie,  and  great  offeoden  piM  unpuntfhcd. 


because  the  prosecutors  had  not  greater  time 
to  inspect  the  reconls  that  might  wi  of  avail  in 
the  case:  therefore  in  parliament  it  is  quite 
otherwise ;  there  is  time  for  deliberation  and 
(M>nsider<ition,  there  are  many  references,  and 
many  examinations,  which  are  matters  of  de- 
liberation and  consideration,  which  take  up  & 
great  deal  of  time ;  but  hei-e  you  are  straitened 
not  only  in  time,  but  b(»und  up  to  strict  rules, 
anil  so  are  straitened  ]sx  your  methods  and 
{  forms  of  proceedings,  al  Mr.  Attorney  would 
'  here  tie  us  up  to  the  fdrnis  of  little  courts :  but 
it  is  not  fit  that  the  justice  of  the  kingflom,  and 
high  court  of  parlianiont,  sliould  be  cramped 
by  the  methods  of  an  inferior  court,  and  % 
jury.  So  yow  will  tlien  subject  the  methoda 
of  pi-oceedmgs  in  parliament  to  the  courts  in 
Westminster-hall,  and  what  the  consequence 
of  that  will  be,  is  Avorth  the  consideration. 

Another  reason  I  would  humbly  offer,  is  this, 
my  lord  :  The  parliament  is  tlie  supreme  court 
ceilainly,  and  tliis  court  is  every  way  inferior 
to  it,  and  it  will  be  strange  that  that  supreme 
court  should  be  hindered  by  an  inferior :  for 
the  highest  court  is  always  supposed  to  be  the 
wisest ;  the  Commons  of  England  in  Parlia- 
ment are  supposed  to  be  a  greater  and  a  wiser 
iKMly  than  a  Grand-jury  of  any  one  county. 
The  Peers,  wli(»  ^re  the  judges  in  thai  court^ 
are  supposed  to  be  the  wisest  judges,  as  the 
Conmions  the  wi*<eKt  inquest.  Will  the  law 
of  England  now  suffer  nu  examination,  im- 
peachment and  prosecution  for  tn^ason,  to  be 
taken  out  of  the  hands  of  the  greatest  and 
\s  isest  inquest  in  England  ?  And  will  the  law  of 
Englund  suffer  the  judicature  upon  this  prosi*- 
cution  to  he  taken  out  of  the  lianiis  of  the  wisest 
and  gi'ciitest  judicature,  and  put  it  into  llie 
power  t)f  a  smaller  nundier  of  judges,  or  of  an 
uiferior  jury?  I  do  think  it  does  not  stand,  mr 
lord,  wit)i  t1ic  wisilom  of  the  go\ennnent. 

Another  thing  is  this,  my  lord,  tbe  common 
argument  in  any  eMraoniinar}'  case,  there  is 
no  j)rec(Klent  for  this  uay  of  proceeding ;  it  is 
my  lord  Coke's  arirunient  m  his  0>mment 
upon  Littleton,  fol.  108,  and  in  the  4th  Inst. 
!  tol.  17,  in  his  Coinnifut  u|H»n  the  High  Court 
I  of  Parliament.  And  he  takes  occasion  to  speak 
!  itui>oii  the  account  of  that  precedent,  the  case 
!  oftne  indictment  ngaiiint  the  bishop  of  Win- 
I  Chester,  aud  of  that  against  Mr.  Plowden  ;  and 
j  he  s;iys.  This  was  never  practise<t  liefore ; 
therefore  it  ought  not  to  l>e :  so  he  infc-n;,  and 
puts  a  hhu;k  murk  umin  it,  by  saying  it  is  a 
dang<M*ous  attempt  for  inferior  courts  to  alteir 
or  meddle  with  tne  law  of  parUaments.  For 
the  wrmls  I  refer  myself  to  the  b(N»k,  I  dare 
I  not  venture  to  lepeut  them  uiN»n  my  memory, 
I  So  in  this  case,  in  rcganl  ttiat  it  never  wat 
!  done  frr>m  the  IH-Hfinning  of  the  world  till  now, 
the  :>3d  year  of  this  king^  I  may  say,  it  being 
without  prec<Mlent,  there  is  no  law  for  it. 

My  lonl,  there  is  unother  misihief  that  will 
certniidy  follow  upou  this,  and  that  too  runs 
upon  this  couijiarlson  of  an  appeal  and  of  an 
indictment.  In  the  case  of  an  indictment,  it  is 
in  the  power  of  the  prim  re  to  pardon  that  ju- 


S87]         STATE  TRIALS,  33  Cn arles  IT.  iGSL^ProceediugM  ag&bui         [281 


dictment,  to  [MunloD  the  punishineDt,  and  to 
pardon  the  oflTcnoe ;  but  in  case  of  an  impeach- 
ment, I  take  it  to  be  otherwise,  as  it  is  in  the  case 
of  an  appeal.  And,  my  lord,  if  your  lordsiiip 
will  take  this  case  out  of  the  power  of  the  par  • 
liament,  and  brin^  it  into  this  court,  where  the 
offence  may  be  panloned,  3'ou  do  bv  tliat  means 
subject  that  offence,  and  tliat  metho<l  of  pro- 
ceedinflfs,  which  ^lould  make  it,  without  con- 
tent of  the  party  proeecutin^,  not  pardonable 
by  law,  to  a  pardon :  tuid  this  may  be  of  dan- 

Serous  consequence  to  the  public,  tliat  crimes 
lat  are  heinous  and  gresA  in  themselves, 
mighty  bulky  crimes,  fit  for  the  consideration 
of  a  parliament,  be  they  never  so  great,  never 
•o  dangerous  to  the  government,  yet  kIiouU, 
by  giving  this  couit  a  jurisiHction,  and  |H)s- 
sesamg  it  of  these  causes,  expose  them  to  the 
will  of  the  prince ;  and  so  those  crimes,  which 
are  impanlonable  by  methods  of  proceedings  in 
parliament,  wouUfbecome  pardonable  by  pro- 
aecntion  m  this  court. 

Now  my  lord,  for  my  authority,  that  im- 
peachments are  not  pardonable,  I  would  only 
fiint  a  little  to  compare  it  to  the  case  of  an  Ap- 
peal, as  Penryn  and  Corliet^s  case  in  3  Croke, 
Hill.  38  Eiiz.  ful.  464.  Tliere  was  an  appeal 
of  murder ;  upon  \»hich  he  is  found  guilty  of 
manslaughter,  and  not  guilty  of  the  murder. 
Tlien  there  wasa  panlon  pleailcd  of  the  burning 
in  the  hand,  or  of  the  pnnisluueut :  It  Ls  n(it 
plain  in  ^le  bo<^,  whether  the  panlon  Avas  alW 
the  verdict,  or  before  (tliat  1  cannot  be  clear 
in) ;  but  however,  there  was  a  Question  whe- 
ther the  queen  couM  pardon  the  burnuig  in  the 
hand;  liowevcr,  it  uas  thcix;  allowetl:  But 
there  was  an  exception,  my  lord  Coke,  who 
was  then  Attorney- General,  took,  that  the 
king  could  not  panlon,  if  it  had  been  an  appeal 
of  homicide  ;  and  he  conouireil  with  the  Ciaiii 
in  that  opinion.  lUit  that  apjteal  being  for 
murder,  and  the  verdict  of  uuuihlanghter,  they 

Iiassed  over  the  question,  for  this  reason  thut  I 
lave  mentioned.  That  tlie  appeal  was  not  lor 
manblanghtcr,  it  was  for  munlcr ;  and  if  ho 
luul  l)eeii  fountl  guilty  of  the  inunler,  it  Avas 
not  in  the  i>ower  of  the  king  to  pardon  him,  it 
being  at  the  suit  of  the  party  :  So  the  opinion 
of  that  book  is,  and  of  the  then  Attorney- 
General. 

Thus  I  have  state.l  tlie  thin;j:,  and  the  conse- 
quences of  it,  and  it  is  not  fit  lor  me  to  dwell 
upon  it :  You  will  consider  of  it,  I  am  sun:. 


him,  that  no  person  ought  twice  to  be  brought  ia 
question  for  one  and  the  same  thine,  and  to, 
my  lord,  you  make  a  man  to  run  the  riik  oi 
his  Hie  twice,  by  indicting  him  in  thn  coot, 
where,  though  he  be  acquitted,  he  may  bi 
called  to  an  account  affain,  if  the  law  be  w. 
And  if  the  Lords  m  ParliameDt  should  be  d 
opuiion,  for  they  are  the  judges  of  that  caH^ 
tliat  the  acquitod  will  not  be  binding  to.then^ 
then  a  man's  life  is  brought  m  queotkin  tma 
upon  the  iBame  account. 

My  lord,  I  now  come  to  this,  the  time,  h&m 
unseasonable  a  thing  it  is,  ami  how  dnngeraH 
to  the  government;  I  take  it  to  beacrilieil 
tiling  now  at  this  time  to  make  such  attemnli 
as  these  are.  There  are  lords  now  tint'kii 
under  impeachments  of  treason,  the  higfam 
treason,  1  think,  that  ever  was  contrived ;  md 
ujion  this  impeachment  one  lord  hath  been  oon- 
victed  and  executed.  Suppose  upon  the  diiso- 
lution  of  that  parliament  tliat  impendbed  tfai 
late  lord  Stafford,  there  had  been  an  11 
against  him  for  one  and  the  same 
by  the  same  reason  that  this  court  may 
Cecil,  his  majesty  may  appoint  a  high-  ' 


to  try  bv  a  juiy  of  peers.     For  the  court  h^ 
before  the  high-steward,  is  as  much  a  cant 
any  court  in  tlie  k'uigdom,  except  that 
liainent.     I  say,  suppose  the  king  had  a_ 
ed  an  high  stewani,  and  tliat  Imtl-h^^ 


ard  had  proceeded  against  my  lord  SuflhH,  I 
think  my  kird  Stafford  hail  been  alive  at  ttii 
day.  I^or  in  the  cose  of  treason  your 
knows  there  mnst  be  two  witnesses  ;  and  I 
sure  theiv  <>aine  in  fresh  testimony  against  WHf 
lord  Slafford  af^er  the  second  parliament  aftv 
thf>  imprachnient.  I  apfieal  to  tliose  noUs 
lonU  that  are  h<.Te,  if  it  were  not  so ;  and  htA 
it  not  been  for  t1i:it  fresh  testimony  that  CSBN 
in  afterwards,  |M»vsiblv  my  loni  ^^f^OId  miglt 
ha\e  l)een  alive  ut  this  tiiiie.  And  the  lioril 
in  I'arliaiiUMit.  as  I  hive  ubscr^-ed  in  thebenfrt 
uiii^r,  when  they  find  an  high  crime  bdM 
them,  \\  hen  they  find  sudi  u  general  cQnli« 
gious  dt\>i:^n  to  subvert  the  government,  ani 
yet  they  eaiiiKtt  come  to  cut  off  the  prindpri 
agents  in  this  design,  heeausc  periiape  them 
may  not  he  two  witnesses  in  strictness  of  Isw'll 
thetirst«  it  is  the  wisdum  of  a  parliament  todefi* 
liei-ate  anil  to  take  time.  The  giMMl  queen  wtf 
iisfdto  siiy,  truth  was  the  daughter  of  tiHM| 
und  lime  woiiUl  profiiice  tnith,  "^  \'entas  iUs 
*■  tem|K»ris.'  If  then  there  had  been  Uf 
such  liusty  prru'eeilini^s,  as  in  this  case,ldon6 
my  lord  Stafford  hud  \wnm  now  alive.  NoW 
tlien  for  these  lords  that  are  now  in  theTowfr^V 


Another  thing  1  woidd  say,  is  this  :  If  your 
lordship  should  ine<ldle  witli  this  way  of  pro- 
ceeding, it  will  invert  the  law  in  another  tJuiit;; 

for  it  is  a  principle  with  us,  that  no  m;m\  life  '  y<.i:r  lordship  do  goon  iw  this  way,  do  you  nSl 
is  to  lie  put  twice  in  danger  for  one  and  t\w.  |  o{K>n  sueli  a  i^^ap,  as  may  he  a  gnniud  toddiif^ 
same  thm&f.  I  i^ill  then  put  the  easo  thus  :  If  tliem  Ity  the  same  justiiv  (I  speak  it  under oof^ 
your  lordship  should  proret^l  upon  this  hidiet-  n  etion  here,  and  1  on'iv  otfcT  it  to  your  jwhpr 
ment,  and  this  i>ei'son  should  he  aefjiiitted  noon  j  nient,  litr  I  h::ve  not  haif  muny  hours  "to  consiMr 
it,  I  am  in  >  our  lordship's  judgment  nhether  of  it;  but  v  our  lordship  will  tliink  well  of  H 
tliat  ac*quittal  will  ]»iiid  the  Loids  in  Parlia-  |  before  you  give  any  judgment)  by  the  ssi^* 
ment ;  If  that  uill  not  bind  them,  but  they  may  I  justice  t-ie  other  lonis  may  be  tried  by  ai  '^ 
still  proceetl  on  the  impeachment,  then  \  uii  omrt  ?  This  I  ofler  in  point  of  rcoiion,  thi 
invade  that  c«mmion  right  whieh  e«ery  ling-  |  ]>recetiding  m  ill  Im*  very  hard,  and  is  an  ii 


anoll 
thatH 

^  .....  img  M  111  IM*  very  Imrd,  and  is  an  inipi^ 

lishnan  by  the  law  ought  to  have  presened  to  j  dent  thing,  if  not  an  Illegal  procoediug.    Mr 


J 


M9] 


STATE  TRIALS,  33  Crarlbs  II.  l6Sl.^Edward  Ftizharrh. 


[290 


lofd,  I  am  sure  it  will  hare  this  effect,  it  will 
■tir  op  a  qaestion  between  the  jurisdiction  of 
Ihif  court  and  the  oourt  of  parliament :  For  in 
all  probabilitjy  if  this  perMMi  should  bearc|uit- 
led,  the  ComnooBi  and  the  Lords  will  look  into  it. 
HiCT  are  «  oourt  that  make  a  survey  of  the  pro- 
ceounn  of  all  other  courts ;  and  they  i^ill  exa- 
mne  taia  proceeding,  or  at  least  may  do.  And 
if  be  be  mmd  guilty,  here- is  the  power  of  the 
CaronKNiB  in  impeaching,  and  the  jurisdiction 
of  the  Lords  in  trial  and  judgment,  taken  away 
bv  an  inferior  oourt  to  them,  and  so  stir  a 
between  this  court,  and  that  highest  of 
the  parliament.  And  what  will  be  tiie 
mre  of  that?  Tlie  judgment  of  that 
will  be  in  the  supenor  court,  for  there 
■  aa  Buddle  court  betucen  this  court  and  the 
faiiament  to  judge  of  it ;  tlierefore  I  submit  it 
Id  vaur  kHdships. 

Tbcae  an  tbe  things  which  I  offer  to  your 
hiUip  in  point  of  reason,  whereof  some  go  to 
the  pnidenee  of  the  tiling,  some  to  the  reason, 
■daase  to  the  ill  cunscnuences  that  may 
hajfta  npon  it,  and  I  thiiiK  many  to  the  ille- 
naly  af  the  act.  And  now  this  lieing  said  in 
tte  pBKnlf  I  come  to  the  particular  exccp- 
toaa  Bade  by  Mr.  Attorney  as  to  the  fonn  of 


Tfti 


FViapleaaed  to  say,  tliat  this  plea  was  a 
ftiiutwai  plea,  which  is  his  exception  in 
fal ;  and  be  gave  you  three  reasons  for  it 
Mfcn,  and  does  now  insist  upon  tlie  same  for 


Qte  was  diis,  and  he  insisted  npon  it  at  this 
tee,  Ubi  plen  does  not  set  forth  any  record  uf 
mlfu^himut,  nor  tlie  particular  matter  of 
lli«ai  Aii  eonrt  may  jucwe  of  the  reason  of 
it;  As  hr  compares  it  to  Uie  case  of  a  plea 
w  *aMv  fbitx  acquit.'  If  a  man  hath  been 
isCBMiad  acquitted^  he  may  plead  it  in  ano- 
thvsMR  tint  hath  jurisdiction  of  the  cause, 
iTAiltanin  indided  for  the  same  matter  : 
hi,  ay  taidv  first  of  all,  1  take  this  plea  to  be 
*ril|kadBd  in  form ;  and,  in  the  second  place, 
if  toe  be  any  informality  or  defect  (which  I 
^■rt  tripe  it  that  there  is,  but  if  there  were 
ijV  meh  thing),  I  take  it,  it  is  of  another  con- 
■iMiDii,  which  the  court  will  deliberate  lie- 
he  they  gifv  theiriudgment  on. 

Bat  I  say  in  the  first  place,  1  take  it  to  be  a 
i«y  md  plea,  and  that  it  is  good  according  to 
ti|hadiaij^  of  « anler  fiutz  acquit.'  In  plead- 
%tf  a  general  act  of  parliament,  we  need 
Mm  fiitth  the  act,  bnt  refer  to  tlie  record  ; 
wfll  depend  upon  the  method  of  im- 
ni  in  parliament,  wliich  I  am  of  opi- 
bow  the  general  law  of  parliaments,  tiiis 
\  mt^i/L  to  take  cojBpnizancc  of.  In  the 
lif^aafeer  fiiitaB  ac^iut,'  there  is  first  an  in- 
IHlMOoeedinffot  the  court  upon  the  plea, 
r  nl,  and  n  &r  arquittal,  and  a  record  of 
ii  SMiier.  If  now  this  person  comes  to 
tead  again  for  the  same  offencp,  there  is  a 
d  ftr  Un  to  plead  that  will  shew  forth  the 
"•■allv ;  andif  he  does  not  plead  thut 
ii  it  ia  his  own  dcAnh.  But  in  this  case 
iisBSiaAMCOid-'lo  plead,  and  there  is 
«0U  Till. 


the  mistake  upon  which  Mr.  Attorney  has 
gone  all  along.  And  you  must  in  this  case  bo 
goremed  by  the  ndc  and  inetlmd  of  {Nirliament, 
which  is  this :  The  Commons,  in  the  name  of 
themselves,  and  of  all  the  Commons  of  Eng- 
land, impeach  such  a  person,  and  they  bring  up 
this  impeachment  to  the  Lords  in  general,  and 
there  they  have  liberty  to  present  articles  in  doe 
time,  af\er  due  consideration,  which  ought  not 
to  be  done  hastilv.  All  this  is  no  record,  such 
as  may  be  had  in  the  case  of  *  auter  foitz 
'  acquit :'  For  first,  the  iini)cachment  of  iho 
Commons  is  no  record  ;  when  it  is  brought  up 
to  the  liords,  there  is  only  an  vnXry  into  tho 
Journal  of  the  Lords,  that  such  a  day  such  a 
person  came  from  the  |{ous4|  of  C'omm'ons,  and 
imiieached  such  a  one.  Aiid  you  are  not  to 
expect  the  same  strict  method,  and  form  of 
proceeding,  as  in  other  courts,  tho  courts  in 
Westminster-hall,  or  inftrior  courts.  Yonr 
lordship  in  this  case  must  be  governed  by  such 
pntceeding  as  is  in  parliament,  and  must  'take  it 
as  it  is  ;  and  we  have  said  enough,  ainl  as  much 
as  can  be  in  our  case.  "Wf"  have  not  indceil  set 
forth  an  indictment,  a  plea,  a  *  Venire  facias,' 
(Vc.  for  there  is  no  such  proceeding  in 
parliament ;  but  there  was  an  imiieachmeut  by 
the  Commons,  in  the  names  of  themselves  and 
of  all  the  Commons  of  England,  before  the 
Lords,  that  it  is  *  in  nieno  robore  et  efllectu,' 
and  that  it  was  *  secunuum  legem  et  consuetu- 

*  dinem  parUamenti,  pront  paiiet  inde  inter  rc- 

*  conla  remanen.'  &c.  And  here  is  enough. 
For  when  we  refer  you  to  a  record,  that  is  as 
much  as  if  we  had  set  forth  the  record  itsc^' ; 
for  we  tell  you  there  is  such  a  record,  and  wo 
point  you  to  the  place  where  you  may  find  it, 
and  so  we  take  it,  it  is  a  vcn-  full  plea  ;  and 
if  not,  it  is  as  much  as  any  man  f*an  plead  in 
such  a  case,  though  it  be  not  pleaded  particu- 
lariv. 

Aiid,  my  lord,  that  your  lonlsliip  is  to  judgo 
in  this  case  acoonling  to  the  methods  of  parlia- 
ment, I  depend  upon  the  authority  of  my  lord 
Coke ;  I  will  repeat  you  some  of  his  words : 
Speaking  of  the  law  of  parliaments,  he  says, 
and  he  liorrowed  it  out  of  Flcta,  That  tliis  high 
court  of  parliament  *  propriis  suis  legibus  et 

*  cmnsuetudinibuB  subsistit.     Et  ista  lex  ah  om« 

*  nibus  quoreuda,  a  multis  ignorata,  et  a  paucid 
'  coguita.'  But  he  tells  ynu,  and  certainly  ho 
says  true  in  it,  Whoever  'will  Ik*  U*amed  in  tli«i 
law  of  |>ariianieiitB  must  ro^iair  to  the  rolls  of 
iwrliamcnt :  And  give  nic  lt>a\  c  to  cite  liis  opi« 
iiion,  which,  I  hu|)e  may  be  of  grt-at  weight 
with  tliis  court :  It  is  in  tile  4tli  Institute,  f ul.  J  5^ 
he  says.  For  any  tliint^  iiiovimI  or  done  in  th^ 
House  of  Coniuums,  it  out;! it  to  be  determined, 
adjudgcf  1  an<l  disMrusKeii  by  the  course  of  parlia- 
ment, not  bv  tlH>  ci\il  law,  nor  vet  hy  the  com- 
mon Iuh  sot  this  ix'alni,  useil  m  mort*  inferior 
courts,  wliich  M-as  dcclaitHl  to  \w.  *  ser-nnduni 

*  legem  et  consuetudint'ni  [i:irliamenti,'  cob» 
ccming  the  {leers,  and  the  like,  pari  Vatione,  for 
the  Coinnions  ;  an<ltliat  stops  tliis  court  in  our 
case  :  Fur  so  it  is  Kiid  in  tills  ])U'n,  which  is  the 
matter  you  ara  to  be  governed  bv,  that  it  is  *  9e- 

U 


sgi]         STATE  TRIALS,  33  Chaclbs 

*  cundum  legem  et  eoiuiietiiilincfti  paTliktaenti. ' 
He  tdh  you  further,  Iheie  i*  no  notice  to  be 
ttkra  of  mny  thing  uid  or  done  in  the  Houie  of 
Coaunou,  but  bv  the  report  of  that  Hoiue,  and 
erery  member  thereof  hath  a  jixUciat  place  ; 
be  take)  it  oiit  of  Henry  7,  and  ao  the  book  is 
exprcKly.  And  he  i^oes  on  i  Thii  ia  thereason 
1^  Jo^KM  oujilit  not  to  pre  any  opinion  nf 
nwtlen  of  parliament ;  b^tiie  it  ia  not  to  be 
deeideil  1^  ihecommon  latra,  but'  aecundnm 

*  1eg<ein  et  cmiBuetuHiiiein  pnliamenti.'  8o  he 
lelU  you,  you  are  bound  by  the  methods  of 
parliainent ;  ond  I  need  not  preu  the  thing 
much  after  hiiHullrarityi  fiirhewaa  learned  in 
parliaiocnt  matlerij. 

But  I  would  craTF  leave  to  mention  a  case 
that  waa  laldr  in  this  court,  and  that  waa  the 
ease  of  my  lord  iif  Khafteabury,*  who  wm 
brought  In'  tliibras  Corpus  to  tliiacourt,  and 
upon  tiMt  Habeas  (JorpiLs  it  n'en  liius  retumeil, 
That  he  was  cnmmitteil  bv  order  uflhc  Lords  in 
pariiament,  there  til  remain  durini;  the  plpasure 
oftbekiuff  and  (if  the  House  of  Lords  ;  ami  this 
for  an  l^i  coutcmpt  cnminilted  in  that  House. 
Upon  thii  return  ive  iniisted  tliat  my  lord  might 
be  boilad,  because  itwasuncertnin,  the  pleasure 
of  the  kug,  or  the  Hourc  of  Lordx  ;  and  upon 
rendiiig  the  order,  thprc  is  no  crime  cxpresaed, 
'  bat  odyin^timl  for  an  high  contempt.  I 
■peak  it  Dot  lor  the  particular  caw's  rake,  but 
to  apply  the  reaiion  of  it  to  our  case  ;  the  rea- 
son then  giren  by  tlie  Juilg«M,  Wr.  Justicfe 
Jones  will  please  to  remember  it  (for  it  was  uar- 
licularly  declared  by  him)  why  they  could  not 
bail  my  kird,  was  this ;  he  was  pleased  to  say, 
Wein  thin  court  take  notice  of  (he  court  of  Ex- 
chequer, and  otiiercouris  iu  Heslmintiler-hall ; 
and  it  would  be  straiii^  if  we  should  nut 
take  iMtice  of  the  course  of  pariianicnt,  and 
House  of  Lords.  And  if  you  aiv  lioiind  so  to 
do  in  other  cases,  you  are  iHiund  to  do  so  in 
this.  And  If  wilhmit  pleading  you  take  notice 
of  tlie  oourae  of  thuEie  <'ourts,  you  will  also 
litkc  notice  of  tlie  law  of  jMrliunieiils,  and  cun- 
loms  of  parliaincnls.  And  (IJiat  I  may  make 
Ksc  of  it  to  our  puriNiw.'  iii  this  case)  we  need 
not  |iarliculurl;  »iiv,  '  KiTimihim  k;gi-m  ct  con- 
'  suetudiuem  'iKtrGnnM-nliiuhiir,'  instancing  in 
this,  and  that,  and  tin-  other  iwrtii-idar :  Hut 
Uieoourt  is  tuloukiiilo  it,  nitliont  luy  looking 
into  tlie  panieniar  law  of  pariiauutit.  *  !Jo  that, 
iny  loni,  here  is  ^^mund  i-n'Migli  befurethe  court, 
mid  I  know  the  court  uill  look  itito  it,  betbn; 
thi-y  ipve  jud<pucnt . 

'nii^  socuniT  eKoeiition  is  this,  Tliat  it  is  not 
Mid  in  the  Imdy  ot  tlie  plea,  that  Fivdiacm  is 
imp.idkml  for  this  treasim ;  but  it  comes  in 
only  ill  the  averment.  Now,  mv  lord,  as  Ici 
that,  we  mubl  purmie  the  iuipeacltmi-nl  as  it  is 
iutlu.' Lords  Jiiuruul.  li  is  ftw Ircuwin t;tii(<- 
rally  lh<-n>,  iind  it  is  said  1«  he  '  micundinn 
'  InJi'U'  et  cniiHuriuiluiein  parlianitviti,'  whjrh 
IpM'stoall,  and  then-  isareconlof  It  anions  the 
recordH  of  inrllameiit,  and  Mr.  .Attiiriiey  liath 
ConfeHwd  it  by  t1i(>  demurror. 


*  t>e«  vol.  6,  p.  13ro,  of  this  CuUet:ti'» 


n.  iSil-^PrMttHngi  tggimtt  [9gi 

And  that  this  is  the  nme  treason,  we  doara 
in  &CI,  which  alao  ia  confened  by  the  dcniw. 
rer;  andyour  lordship  win  He  l^the  reMi4i 
and  fiirms  of  cntriea  in  padiamaitjtinti  nn 
not  repeat  things  orer  and  over  agun)  Qiat  Ai 
is  the  course  aoJd  method  of  parliaAKDla. 

Mr.  Attom^  hath  ftncied  an  exccptian  tl 
grammar,  an  adjectire  (br  «  rabslauthe ;  b^l 
take  it  to  be  aa  wdl  u  any  man  can  field  p 
tbii  case.  For  what  aa)-i  the  ptiaoDerf  Tfci 
knights,  citiicn*,  and  burgMsei  in  pnriiiBfa 
asicmliled,  did  impcadi  DM',  wliidl  tuiiiiaj^ 
ment  is  still  in  force  before  the  Lordi,  Ifii 
ittobcasploiuas  can  be.  it  they  did  iiOMld 
me,  then  there  waa  an  impeachment ;  it  cM 
benr  no  otiier  sense.  ^ 

My  lord,  anotliCT  exception,  and  whicli  vw 
thotiglit  a  strong  oiie  the  otherday,  and  Mna|> 
ly  uTgid,  is,  that  the  kin^may  ctiuaeUiemt 
and  tliey  companat  it  with  the  other  aOMlfi 
But  there  ii  the  mistake  diat  run  aU  tlMfp 
tliis  case.  It  is  no  doubt,  tlie  king  mty  (kM 
his  court  fur  his  otni  action  and  •nit;  te.Ai 
unpeachment  in  an  impeaehment  at  tba  Om- 
moiu,  and  thdr  suit  is  to  be  tiiedaowbMdbi 
but  •□  narliament.  And  the  caae  Ibat  nf 
other  flay  cited  br  Mr.  Attorney,  for  tUa  f^ 
pose,  is  true  of  the  peiaon  that  waa  amlBid 
for  treason,  and  bath  been  indicted  anf  w 
raicned  in  Irdand,  and  he  may  be  ani^iil 
and  tried  hers,  there  ia  no  queation  <^ltit$ 
to  say,  then^fore,  that  this  ia  a  conaa^M^i 
from  that  rule,  that  therelbre  he  wiB  lHu 
whether  Iw  will  proceed  in  parliament  apn  Ai 
Cuminiina  impeachment,  and  put  a  atop  IB  tl 
proceeding  of  the  parliament,  by  ptoeatdhl 
in  this  court,  1  tidtc  to  he  a  gi«at  aon  nft'ilaF' 

Sly  lord,  I  hare  olfered  these  renagnB,H  M 
llic  torm  of  the  plea  to  maintain  it.  Now  M.li 
the  precedenU,  I  would  a  little  speak  what  W 
been  dine  in  tlic  like  case,  where  tbii  ^i^ 
halli  taken  hold  of  cau.'tcs,  and  (be  pmaccriiH 
of  tlie  court  hath  been  stopped  by  ptau  la  4i 
jurisdictiiin,  and  what  hath  been  done  1^ 
those  pli«e.  What  doom  they  have  bad,  I  ■! 
Iiiut  some  of  Uieni  toyou. 

There  was  a  case  mentioned  by  your  )atMl| 
the  (itlitT  day,  the  Inshop  of  Wint  htster^Mi 
3  Ud.:l.  1  dure  nut  say  1  have  looked  upon  ■< 
I'arliumcnt-ltoU;  but  inylunl  Ciiketelu  M^h 
lialh  itTJUil  (lie  rec<ird,  ■  de  verbo  in  lerboK: 
In  the  3il  Institute,  fol.    15.  th<>n-   Are  allai 

Cmcreding<i.  It  was  not  an  indictment,  llrffllj 
inl  Coko  contradicts  that,  and  says,  it  <n^- 
dcclatution ;  Tliere  the  record  at  latga  gf 
forth,  that  the  lushnp  of  Winchester  waiil 
tachcd  to  answer  the  king  ;  fur  tlial  nlwn^ 
aia  p:uliami'iit  held  at  Sanim,  it  waaonlaiMi' 
'  (wr  iiisuin  Itegera  nc  quis  hcI  Uom.  PtdBl 
■  mi'nt.  Muumonitas  ab  eodeiti  veccilrrM  Mm  C 
'  ctnlia  Hi'[;>B.'  And  tliat  t)''^'  biohop,  ia<^ 
tpm]it  of  the  king,  recistiit,  wiihuiit  leaieof  $ 
king.  I  tliink,it  is  rather  an  action  tbu)  a  a 
minal  nrocccdiog :    What   i 

this  f  He  comes,  and  Mya,      __  ^ 

'  erga  Dcniinum  Htatm  in PariiaatcntoM 
'  in  ParliaiiKuto  dmtcanigi  etM 


quia  dAMi 
iaatcntoaM 
etamendHC  - 


^J  STATE  TRIALS,  33  Chablbs  II.  \€sl,^Edwari  FtiiAmrit,         [29* 


*  Doa  dihi  in  minore  Curift  quam  in  Parliamen* 
'to,'  Sec.  What  becomes  of  this  pleaP  It  is 
there  should  be  such  an  inhibition,  that 
should -depart  without  leave  of  the  king 
bishop  be  punished  for  it ;  we  do  not 
ind  my  judgment  was  ffiven,  nor  would  thev 
nanoe  to  do  it.  My  lord  Coke  hatli  a  mailc 
vpsojl ;  for  this  reiy  reason,  it  looked  as  if  there 
Mi  a  designi  to  weaken  the  parliaments,  by 
Imnng'theur  proceedings  into  Westminster- 
tal,  nt  they  muld  not  <fo  it ;  they  would  give 
ipjujguicpt  fiir  the  king;  but  fur  aught  ap- 
foos*  the  plea  stood. 

Then  there  is  the  other  case  of  Mr.  Plowden, 
m^  many  mwe  in  primo  et  secundo  Phil,  et 
Mw.  mere  a   great   many  of  them,  some 
vftcfeof  were  bureeases,  and  they  submitted, 
lilt  he  did  noC    "Ae  information  there  is  this, 
Aal  theK  persons  were  sammoned  to  the  par- 
fiuMBL  and  departed  from  thence  without  the 
hm  of  the  Idng  and  queen,  though  it  was  pro- 
liicd  by  them  that  any  shouhl  depart :  Most 
(d  theBmbmit  to  a  fine  ;  and  if  it  nad  rested 
tktnt  it  nugfat  have  turned  to  the  prejudice  of 
fte  Commons  as  an  example. 
'   Bal  Hr.  Plowden,  he  pleads  as  one  that  un- 
Inlood  himsdf,  and  the  power  of  parliaments, 
md  theSr  proceedings  very  well,  and  considers 
.  A»  time  to  have  pleaded  m  :  Sa^-s  he,  I  con- 
fined in  the  parliament  from  the  beginning  to 
|he  end  of  the  paiiiament ;  but  he  relies  nut 
;  but  he  brings  a  traverse  full  of  preg- 
•  and  if  our  plea  be  faulty,  theirs  was  an 
Bd  times  as  faulty,  abigue  hoc^  That  he, 
.fiaMd  ^Edmund  Plowden,  the  said  day  and 
jmwmpji  die  inuil  parliament,  without  uoeuce 
4t  Iha  audJdngand  qiieen,  and  the  court  atbre- 
jiii  M I  ■■III  inptuously  depart  in  contempt  of 
fliafMkktf  and  queen,  and  their  command- 
awi  hI  iraibition,  and  to  the  great  detriment 
.  if  jkemunon-weal  and  state  of  this  kingdom, 

^.^Ifteie  things  he  pleads,  wliich  your  lord- 
ftanritobeaveryilltmverse;  andyettJiis 
.OKfldatimied  all  the  time  of  that  queen,  and 
.||ie€M>t  would  never  givejudgment  in  it  This 
«■■  fk  primo  et  secnndo ;    and  yet  it  appear- 
fiig«|Oii  iheface  of  the  information,  that  it 
ima  ease  thftt  omcemed'the  Commons,  the 
.flimtirouldiiot  givejudgment  for  or  against 
^'''^-       '"^    aaiMigas  the  lung  and  queen 


t^ere  ia  alalar  case,  and  that  is  Elliot's  case 
tCir^  '^nwreis  an  information  against  my 
Ifnl Hiilfia» nr  John  EOkity  and  many  more; 
ipl  ana  ia  a  plea  put  m  to  the  jurisdiction  of 
;  I  have  a  copy  of  my  k>rd  Hollis's 
ilis  in  a  manner  as  faulty  as  Plow- 
^  but  thecourt  m  that  case  does  not 
pivpon  flie  insofficiency  of  the  plea,  but  jfives 
jMBMBtgeneraOty  that  this  court  had  a  juris- 
metmi^  the  amauK  happened  in  parliament, 
aai  the  words  '.were  spcuCen  there ;  and  upon 
Kdemurror,  tiiey  gave  judgment  upon  the 
wUa'  nutfter.  What  becanae  of  that  judg- 
Mtf  .We haow  very  well  it  was  reversed,  19 

**^  See  YoL  3,  p.  394|  of  this  Collection. 


of  this  king.  And  pray  observe  the  proceed- 
ings  in  the  reversal  uf  "that  judgment.  Jiidf 
ment  was  given  against  niy  iorffllollis  and  the 
rest  of  the  gentlemen  ofthe  House  of  Com- 
mons, though  there  was  no  prosjicct  of  a  par- 
liament, yet  they  were  obstinate,  and  wuiikl  not 
plead  ;  tor  they  thought  the  judgement  to  be  a 
very  hard  jndjnnent ;  and  this  being  a  plua  in 
abatement,  judgment  was  given  for  want  uf  a 
plea  over.  It  may  i'all  out  in  this  case,  that 
this  person  may  be  obstinate,  and  not  plead 
over,  if  you  should  give  your  judgment  against 
this  plea.  In  Elliot's  case  they  were  finerf  se- 
verely, and  they  continued  undfer  this  judgment 
in  pnson,  and  in  execution  for  the  fine  a  great 
while ;  and  they  were  delivered  by  what  1  can- 
not indeed  justify  in  all  it*s  proceedings,  1  mean 
the  lonff-parlianient ;  but  what  was  donci  in  19 
of  this  Icing,  I  tliink  is  good  authority,  which 
none  can  say  but  was  a  parliament  as  useful  to 
the  king  and  kingdom  as  ever  could  be.  In 
that  parliament  tne  Commons  examined  this 
Judgment,  I  speak  because  1  luivc  it  in  my 
printed  book ;  it  is  in  Croke  Car.  I  confess,  it 
IS  not  in  the  first  impression ;  but  it  is  in  the  ae- 
conil  edition,  which  I  have,  and  these  are  the 
expresidonsinit 

£.  C.  /.  What  case  is  that  ? 

Mr.  Wiliiams,  It  is  in  Croke  Car.  181,  604, 
but  the  reversal  u'as  in  19  of  this  king. 

L^C,  J.  Was  the  judgment  given,  do  you 
say,  19  of  this  kini^r  Can  a  case  of  that  time 
be  reported  in  Croke  ? 

Mr.  Wiliianu.  I  do  not  say  so  absurd  a  thing 
If  your  lordship  will  have  patience  to  hear  me, 
I  will  tell  you  what  I  say.  My  book,  which 
ia  the  2d  impression  of  Croke,  reflecting  upon 
that  case  in  5  CaroU,  does  publish  the  Votes  of 
the  House  of  Commons  about,  and  the  reversal 
of  the  Judgment,  in  the  19th  of*  this  kin^« 
There  the  proceeding  is  this  ;  Information  is 
given  to  the  House  of  Commons,  that  there 
was  such  a  case  publisheil,  which  did  derogate 
much  from  the  privilege  of  parliament,  invad- 
ing the  liberty  of  speech  ;  and  the  House  of 
Commons  considering  the  conseouence,  or- 
dered the  book  to  be  sent  for  and  read,  and 
taken  into  consideration  and  debated ;  and  upon 
dc^te,  the  House  came  to  this  resolution. 
That  the  judgment  against  Elliot  and  others  is 
an  illegal  judgment,  and  against  the  freedom 
and  liberty  of  speech :  and  this  Vote  they  send 
up  to  the  Lords,  where  it  is  confiriiied  and 
resolved  in  agreement  with  the  Vote  of  the 
Commons  :  and  by  the  way,  in  answer  to  a 
l>aper  that  is  commonly  spn-ad  about  by  the 
name  of  *'  TlieObservator  ;"  1  say,  the  Com- 
mons came  to  a  Resolution,  and  pass  a  vote, 
which  is  not  indeed  a  law ;  and  when  they  have 
done  that,  they  may  transmit  their  opinions  to 
the  Lords,  anddesire  them  to  concur :  then  the 
Lords  and  Commons  have  a  Conference  upon 
it,  and  at  the  Conference  the  Commons  reasons 
are  delivered,  which  the  Lords  take  up  with 
them  to  their  House,  and  debate  them.  Then 
they  come  to  a  resolution  to  agree  with  the 
CoBUBons.    Aflim-ardSy  upon  thii  tesoliitm 


yon  will  nroocctl  no  furtlior  ou'thc  indictment. 

i.  C  J.  Pray,  j^ftMUhinien,  \vt  us  a  lillle 
direct  you  not  to  spend  our  time  al>out  that 
ivLicbls  not  to  the  pur|)ose,  or  thut  is  not  in  the 
case :  here  is  uotliiug-  of  the  Commons  ri^ht 
to  impencli  in  parliaincMit  before  us,  nnr  of  tlic 
Lords  jurLsiiict ion,  nor  the  methods  of  narliu- 
mcntin  this  case :  they  aret1iini;s  quite  torei^n 
to  the  ease  and  the  matter  in  hancl  ;  which  is, 
%i'bcther  this  plea,  as  thus  pleaded,  l»e  suiH- 
cient  to  protect  the  prisoner  from  )>ein^  ques- 
tioned in  tills  Court,  ff>r  the  treasonable  matter 
in  the  indictment  before  us.  Therefore  yon 
oug^t  not  to  spend  time  in  thinpj  that  a^e^^ot 
before  us  to  be  cousidenwl,  iM-iiij,''  out  of  the 
case  ;  for  we  have  nnthiii:^  to  do  with  any  pri- 
vilege of  parliament,  or  of  either  of  the  Houses 
bere  at  this  time. 

jiustice  Jones.  And,  {|ifentlemen,  there  is  no- 
thing at  9II  here  of  any  tact  done  in  parliament 
|bat  can  be  insisted  on  here ;  nor  is  there  any 
DOmpUunt  agaiiuit  3Ir.  Fitzbaiiis  for  any  thing 


■  • 

^95}         STATE  TRIALS,  53  Charles  IL  l6S\,F^Pr^€eedingi  ggdmi         [^96 

of  both  Houses,  they  go  r^fularly  to  work,  by 
Writ  of  Error  to  reverse  the  judgment.  And 
jf  it  should  fall  out  in  this  ease,  that  your  lord- 
ship should  give  judgment  against  the  plea, 
And  this  |>erson  should  be  obstinate,  and  not 
plead  over,  and  thereupon  your  lonlship  give 
judgment  of  death  upon  him ;  it  may  come 
to&SL  very  hard  case,  if  a  Writ  of  Error  should 
be  brought  in  parliament,  to  rei'crse  this  judg- 
ment ;  and  it  should  be  reversed  when  tlie  party 
is  dead. '  Therefore  it  will  be  of  great  conse- 
quence in  this  particular. 

My  lord,  1  will  mind  you  of  one  old  case,  it 
tFas  20  Itic.  2.  A  person  [Thomas  Hacksey] 
there  presents  a  jietition  to  the  Commons  in 
parliament ;  and  it  seems  there  was  somctliing 
8iigp»(ted  in  the  Peticion,  wliich  did  amount  to 
high-treason,  as  there  may  be  some  petition  or 
some  complaint  a*^ainst  a  great  minister  that 
may  contain  an  insinuation,  as  it  were,  of  high- 
treason  ;  he  was  indicted  out  of  parliament  for 
high-treason,  and  was  found  Guilty,  and  by 
the  grace  of  the  prince  he  was  paraoned  :  but 
because  the  Commons  would  not  lie  under  that 
precedent  of  an  invasion  of  their  privilege, 
though  he  was  a  person  without  doors  tliat  pre- 
pared that  ])etition,  and  no  more  hurt  done  to 
liim  biit  tlie  prosecution,  he  being  pardoned,  the 
judgment  was  voided. 

JL  C'J'  WTiere  is  that  authoritv  ? 

Mr.  Williams.  20  Uic.  2,  Ko.  l^ari.  12.  And 
you  will  find  it  in  the  argument  of  Sr'lden's 
ease,  nublished  in  Rushworth's  Collections, 
Apucntux  to  vol.  1,  fol.  47,  and  48. 

And  now,  my  lonl,  1  liave  done  with  the 
Substance  of  the  case,  with  my  reasons  for  the 
matter  and  for  the  form.  In  this  case,  here  is 
the  life  of  a  person  before  you ;  here  is  the 
riglit  of  the  Commons  to  im|>each  in  parlia- 
ment, before  you  ;  here  is  the  judicature  of  the 
Lords  to  determine  that  inipi'schment,  before 
you  ;  here  are  the  method  and  procecdinaf  of 
Darliament  before  you  ;  and  how  far  you  will 
lay  your  hands  upon  tliis  ease,  thus  eircum- 
l^mtiattfl,  wv  must  submit  to  yon  :  but  I  hopt; 


he  hath  done  in  parliament.  All  Mr. 
precedents  run  to  that ;  but  this  is  fbr  a  thiig 
done  without  doors. 

L.  C.  J.  We  speak  to  yon  to  come  to  the 
point,  whi(^h  is  the  duty  of  all  Courts  to  ksep 
counsel  to  the  points  l>elbre  them.  The  sole 
matter  before  us  is,  whether  this  he  a  good  plea 
to  ouste  tliis  Court  of  a  juriadiction,  which 
-otherwise  unqucstiotiably  we  have  of  Ail 
matter  ? 

Mr.  Williams,  It  is  a  hard  matter  for  iIk 
bar  to  ans^ver  the  bench,  my  lord. 

Sir  Fr.  Winnington,  My  lord,  I  shall  puii 
your  direction  as  well  as  my  uuderstandinff 
will  give  me  leave,  and  save  your  time  as  mocS 
as  1  can  ;  but  the  Court  having  asaigned  naif 
counsel,  you  will  give  us  leave  to  use  our  dii- 
cretion,  keeping  as  near  as  we  can  to  tfaepoiato 
of  the  case,  and  to  the  pleaduig.  Butifufii 
tlie  reasoning  of  this  case,  other  parUamoM* 
cases  fall  in,  I  hope  you  will  give  uie  leneH 
cite  them  for  maintaining  ourpka.  Tlie  phi 
here  is  to  the  jurisdiction,  and  conaita  of  .tav 
parts.  First,  matter  of  record,  which  ia,  Ihrt 
an  impeachment  is  depending  in  the  Howaaf 
Lords  (for  so  it  must  oe  taken  upon  the  pleat- 
ing, as  I  shall  manifestly  prove :)  theaeoondh 
matter  in  pais  (viz.)  the  averment,  that  the  ia- 
peachment  anu  indictment  are  for  one  and  Ikt 
same  treason :  and  the  plea  is  made  np  of  tfam 
two  parts,  togetlier  with  an  averment  that  iIn 
person  is  the  same.  The  king's 
hath  been  pleased  to  demur  generally  la 
and  I  am  sure  that  if  our  plea  be  wdi 
mally  pleaded,  all  the  matter  of  lict  ia 
fessed  by  the  demurrer. 

Mr.  Attorney  did,  to  my  appreliension, 
but  one  objection  the  other  day,  and  he 
sists  u))on  it,  that  here  is  a  record  too 
pleaded,  antl  they  compare  it  to  tiie 
case  of  an  *■  auter  ibitz  acquit,  upon 
indietnieut ;  but  I  hope  to  luaikc  it  evidendy 
appear,  that  it  is  in  no  soi*t  a  parallel  case.  Tte 
matUT  which  I  conceive  is  confessed  by  IIn 
demurrer,  is,  that  there  is  an  impeachment  ly 
the  Commons  of  England  or  high-tieaiai 
against  Fitzhan-is  lodged  in  the  House  of  Lor^ 
*■  secundum  legem  et  consuetudinem  pariii- 
'  menti  f  and  that  the  treason  for  which  he 
was  im|>eached,  is  the  same  treason  containei 
in  the  indictment,  to  wliich  the  prisoner  httk 
now  ]deade<i  Upon  this  matter  of  iiirt,  m 
agreed,  the  general  (piestion  is. 

Whether  an  ini|ieachinent  for  treason,  hf 
the  House  of  Commons,  and  still  dcpcndoigy 
i>e  a  sufficient  matter  to  ousle  the  Court  finMi 
procec-din^  upon  an  indict meut  for  the  aamv 
otienec.  My  method  will  be  shortly  ta  speds 
to  thc*se  things. 

JL.  C.  J.  I'ray  let  us  give  you  soraedireetka  J 
that  is  not  the  question,  nor  can  come  inquealiBa 
ill  the  ease :  you  mistake  the  points  of  the  caab 

Sir  Fr.  Wmnin^ton.  Why,  my  lord? 

Is.  C.  J.  The  question  is,*  whether  you  haitf 
pleaded  sufficient  matter  liere  to  ouste  us  of  oa> 
jurisdiction  P  it  is  to  no  purpose  to  put  QiMi* 
lions  in  the  case,  that  are  notui  it 


197] 


STATE  THIALS,  33  Cbaelm  II.  1681.— Erfword  fttsharrit. 


[29» 


tbernore  may  rtry  Hell  Lear  an  interruption  ; 
lowtTCT  1  expmn  my«cJr,  m;  iiieBiiin^  is 
flu  nine  with  jour  iunlshiii's.  Tlic  method 
thit  I  *h«ll  fioLvri  in,  will  be  this;  I  will 
nfpne  the  case  beArv  ynu  had  been  ofon 
■^mrlimpfit,  containing'  the  specinl  treason 
ftr  which  he  is  now  indicted.  1  will  shew  in 
tht  a?n  place,  that  as  it  is  now  pleatled,  it  is  as 
iTulahlc  hm  if  the  impeachment  in  the  House  ot' 
lynla  haJ  ntciilioned  the  particular  treason.  1 
ibilltheogivraoineTeiSQua  why  it  is  sn,  and 
meblioo  one  ortwD  precedents  that  have  not 
yAheen  nirtl.  Two  of  llie  king's  comtae!  iliil 
■pM,  that  they  ivoiild  not  niHke  a  doubt  of 
Ite  irira,  it'  llicre  had  been  n  piirticiiliir  liu- 
pndmwiit';  and  tiierctbre  I  would,  by  coii- 
Hderii^  what  would  be  ibe  reason  of  tliat  case, 
•nly  it  urticulariy  to  tbe  presort  case.  TIip 
Howe  n  LanJM  in  a  suueriur  court  to  this :  and 
agreed  tube  the  liig^em  court  ol' record  in 
the  kingdom,  PUmclen  389.  Co.  Lit.  109,  1 10. 
»Co.  in  PnefiU.  And  then  I  am  withiu  Uie 
coBDMii  rale  of  pleadinif,  accordinir  to  the  dit- 
faateea  takctt  in  HpaHe's  t'ase  5  (Jo.  CI,  and 
U.  That*  suit  fint  commenced  in  an  iufeiior 
court  caiinot  nop  a  suit  in  a  superior  court, 
tWavfa  nriiaequent ;  but  a  suit  in  a  superior  cuurt 
aajhe  pleaded,  to  slop  tlie  proceedm<r<i  of  one 
Am  it  inferior.  And  though  it  may  hi-  f>i>JH.ted 
here,  ihatthepuliamtnit  is  determined  and  ilis- 
■hcd,  and  ao  there  would  be  a  tiulure  otjuitice ; 
Jrt  Ihii  objection  b  of  no  tbrce ;  for  if  once  the 
Hit  be  wtill  commenced  in  the  superior  court 
it  eunot  aAer  go  down  to  the  inferior.  And 
vkat  is  begun  in  one  jiarliainent  may  be  deter- 
IMni  in  another  ;  au  is  the  cose  4  Edirard  3. 
■.It.  rfthe  lord  Berkele^',  and  those  that  were 
*n«Mi  for  tbe  death  of  Edivard  3.*  And 
tiMwfc  itwa«  objected  there,  as  hath  been  here, 
ttiifydiiBincBtis  there  might  be  a  stop  ofjus- 
liBe,l^thp  diasolmionof  the  iiarlianient  ;  yet 
tbe  short  and  tnie  answer  is,  Tliat  it  is  in  law 
ined,  parliaments  will  be  ctdled  fre- 

nsider  of  the  liuwiess  of  the  kin:;. 

■et»  ^eranijeH,  according'  to  tiie 

i«eral  StiAitrs  made  for  that  purpose,  4  £d. 

"'   '  1  ghall  labour 


3.  cap.  14.  36  Ed.  3.  cap.  1 
ftii  BO  ftrthrr  *,  tral.  laliViH] 


■•,  Sm.  lalimR   

nle  uf  plGoiliii;^,  Ihal  a  record  in  n  auiiuriar 
cimrt  may  bo  pleaded  to  !>ti>p  a  proceeding  in 
in  inferior  ;  1  shall  conic  to  prove  thut  this  re- 
onrd  is  wetl  pleaded,  and  rnuld  not  he  ctlterwisc, 
vAesm  Mr.  AWomPy  would  hnvc  had  us  pleail 
♦twl  h  tnlw?,  •'■■-  """ —  ■' "-  "'" 


that  we  hare  pleaded  welltliathewaiimpead- 
ed  of  (reason.  It  is  very  true,  my  k>rd,  if  » 
man  ^till  plead  generally  that  he  was  indicted 
of  High -Treason,  it  would  be  ill ;  because  the 
court  cannot  take  it  otlierttiKe  than  he  pleaded 
it ;  and  aach  a  general  indictment  woukl  be  al- 
tdgetlier  void,  and  thereliirti  no  averment  could 
nuike  it  gowl)  or  suppi}  that  generality  and  un- 
certainty. 

But  an  impeachment  generally  fur  treason 
is  good  and  wanunted  by  tin-  law  and  course  of 
parliament,  and  so  coiiletiseil  by  the  demurrer. 
And  so  yourturdiihipuill  take  it  to  bi.!,and  will 
give  credit,  tliat  all  is  rt^larinthe  pniceed- 
jngsoflltnt  high  court.  Vou  will  presume, 
eveu  in  tbe  ecclesiasticiJ  courts  (iis  iiiy  lord 
Cc^e  says  in  the  4lh  re|Hirt)  ihnt  all  iluiig«  are 
riglitJy  done,  uhcn  tiiey  have  a  Juriiidiclion  ; 
ijarlKitj  you  wilt  believe  the  greatest  court 
ju  tbe  kingdom  does  proceed  regularly.  Mj 
lord  Coke  m  tlie  4th  inst.  tbl.  14,  and  15,  doe* 
say,  what  the  law  and  coiirseof  jiarliouicut  is, 
lliejudifes  will  never  inlcniicdille  wilh.  They 
always  li-at-e  it  to  the  pariiaineni,  who  are  the 
to  determine  tlie  mat- 
they  take  iioliee,  that 


superior  judffes,  a 
ters  before  tliem. 


thcc< 


IK  the 


Ufa 


agenetal 


Lane's  case  in  the  2d  rcjiui 

the  'Eixclieiiuer.  And  tliert4bre,  it 
impeachment  is  '  aecundum  legem 
tudinem,'  which  U  confessed  by  the  demurrer 
iu  this  esse,  then  you  must  take  it  for  granted 
that  the  parliament  proceed  lightly,  and  tliM 
Kiich  a  general  impeachment  is  sufGcieut  in 
law.  lliere  i<t  a  famous  caM  iliat  strengthen! 
wliat  I  «ar,  11  Ric.  ».  di.  Rot.  Pari.  par.  S. 
the  case  ofthe  Lords  appellants.  You  wdl  find 
It  also  cited  in  Itiish worth's  Col.  part  1.  in  the 
appendix,  t(>l.  SI.  Treaiiian  and  others  were  ap- 
licaleil  against  .lbrtr«ison,  and  both  the  judges 
of  the  common  and  of  die  citil  law  were  by  di- 
rection of  the  king  called  to  advise  of  that  inal- 
tcr.  Anil  they  did  all  declare,  tliat  the  pro- 
cecdiugs  in  that  case  were  ndlher  agreeabk 
to  common  law,  nor  civU  law.  But  the  Lurdi 
in  parliament  said,  it  did  not  belong  to  the 
judges  of  the  common  law  or  civil  law  to  guide 
them  ;  but  that  they  ought  to  proceed  accord- 
ing to  Ibe  course  and  law  uf  isuliamenta  (which 
are  the  words  of  our  plea),  and  that  llier«tbre 
no  opinion  of  theirs  should  oustelbem  of  their 
jurisdiction,  or  alter  the  course  and  method  ol' 
their  iiriK'CtHliiig.  ftiv  lord,  this  case  is  very 
rcmarlialJe  ;  but  I  will  go  a  bltle  farther :  the 
judges  in  all  agt's  have  been  so  Ikr  from  taking 
u[Hinthem  lujudgeof  the  laws  and  customs  of 
pui'liaiiient,  lliat  tliey  have  denierl  to  annrer 
w!K>n  their  advice  has  been  demanded,  and  in- 
siste^l  upiiu  it,  that  ttiey  were  not  properjudaiN 
ot'  su<li  matters,  as  in  SI  Hen.  6.  Rot.  Par.  n. 
96.  For  there,  among  other  things,  the  judges 
ncrc  demanded,  whether  tbe  frljieaker  ofthe 
Bouse,  during  the  adjournment  of  parliamoit, 
might  be  amuted :  tliey  desired  to  be  eiciued 
froui  giving  any  epinion :  for,  said  they,  in  thw 

"  -  'Iiev  ought  B  -   ■     " 

oipadiameit 


Eiingani 


499]        STATE  T(11ALS»  3S  Charles  II.  l6s\.^ Proceedings  againH  [30C 


In  tbc  great  coiiiicil  primo  et  lecundo  Ja- 
^obi,  ■bout  the  union  or  both  kingdoms,  the 
Indgiet  refused  to  give  their  opinions  upon  seve- 
nl  questions  put  to  them ;  desiring  to  be  ex- 
cused, for  that  such  things  did  not  bdong  to 
them,  but  were  matters  fit  tor  parliament  only. 
My  meaning  is,  to  infer  irom  hence,  that  since 
it  u  pleadednere  to  be  according  to  die  law  and 
course  of  parliaments,  and  Mr.  Attorney  hath 
acknowledged  it,  that  now  your  lonhhip  is 
feredosed  from  further  meddling  with  this  case, 
k  appearing  upon  record  to  be  a  matter  where- 
of yon  cannot  jud<]^. 

But  the  olyection  is,  that  admit  th«^  imprnch- 
ment  should  be  taken  to  be  according  to  the 
course  of  pariiaracnt,  yet  it  is  ho  gi-neral,  that 
the  court  cannot  judge  upon  it :  I  answer,  that 
h  is  evident  the  uupeachment  Avas  not  for  no- 
thing; it  ismostccrtainlv  to  be  prcsiuned,  ti^at 
■uch  a  body  of  men  as  tfie  House  of  Commons 
would  not  impeach  a  man  for  no  crime.  Fitz- 
harris  avers  by  his  plea,  that  it  was  for  the 
nme  treason,  for  wnich  the  jury  have  found 
this  bill  against  him.  Now  tfiis  averment 
makes  the  nuitter  as  dear  to  tiie  court,  as  if  the 
impeachment  had  mentbued  the  particular 
treison. 

Every  day*s  experience  shews,  that  aver- 
ments, whicii  are  consistent  with  the  record, 
■re  good,  and  are  of  necessity  to  clear  the  fact 
to  the  court ;  so  that  the  judges  may  give  a 
judgment  upon  it.  if  the  defendant  \vill  plead 
a  recovery  i*i  a  formal  action,  in  bar  to  an  ac- 
tkm  of  debt,  or  other  action  ;  it  is  not  enough 
for  him  to  set  out  the  record ;  he  must  aver 
also,  tliat  the  causes  ot'the  action  are  the  same, 
and  that  it  is  the  same  person  who  is  mentioned 
m  one  reooni,  and  in  t!ie  other  records ;  and 
this  shews,  that  the  most  special  and  particular 
are  of  no  use  without  avermeiiLs. 

My  k>rd,  there  is  a  case  tliat  I  find  directly 
to  tius  purpose,  which  goes  further  than  the 
case  1  diil  but  now  put,  and  that  is,  26  Aasiz.  PI. 
15.  It  is  also  mentioned  in  Stamf.  Pla.  Cor. 
105,  where  a  man  was  indicted  for  the  mnnler 
of  J.  S.  and  ho  pleads  a  record  of  acquittal, 
where  he  was  in({icit;d  for  tli<>  murder  ot  J.  N. 
But  he  avers,  that  J.  8.  in  this  indictment,  is 
the  same  person  with  J.  N.  in  tlie  other  indict- 
ment ;  and  that  was  adjudged  a  goo<I  plea,  and 
the  party  was  acquitted,  though  the  averment 
there  seemed  to  be  a  contradiction  to  the  re- 
cord. This  makes  it  clear,  that  if  an  averment 
may  consist  with  the  record,  the  law  will  allow 
it  In  Mora's  Rep.  823,  V\,  in«2,  the  king 
against  Howard,  it  is  said,  that  if  an  act  of  par- 
liament be  certified  into  Chancer^',  no  aver- 
ment Kes  to  say  this  is  no  act  of  (Niriiamcnt,  be- 
cause the  Coniimons  did  not  asM'nt  to  it ;  but  if 
h  appears  in  the  body  of  thr  act,  that  the  Com- 
mons did  not  assent,  as  if  it  was  ordained  by 
the  king  and  I^orrls,  and  without  mentioning 
any  assent  of  the  C'ommons :  tiierc  it  may  be 
am  red  to  be  no  act ;  for  this  beinn^  a  matter 
aonsiBteDt  with  the  record,  is  averrablc • :  And  so 
it  m  agreed  in  33  U.  6,  fol.  la,  Pilkiuton's 


Now  Mr.  Attorney  has  his  election  here  (si 
it  is  in  all  such  cases)  eitlier  to  plead  nuU.  tieL 
Record,  and  then  ue  must  have  produced  k  j 
and  if  we  had  f  iiiled,  it  had  been  agmimt  ni,  ai 
to  the  whoic  nlua.  Or  if  he  wouM  not  deny  tbc 
record  (as  indeed  he  could  not)  be  might  navi 
taken  issue  upon  our  averment,  that  it  was  no( 
for  one  and  the  same  offence ;  but  he  has  de< 
miu-rcd,  and  thereby  confessed  there  b  audi  a 
ret^ord,  and  confessed  the  averment  to  be  tmi^ 
that  lie  was  impeached  for  the  same  crime,  and 
that  ho  is  the  saiae  person.  And  now  it  is  pUi 
to  yoiir  lordship,  tliat  I  stated  the  question  right 
at  first. 

My  lord,  I  shall  dte  you  one  precedent  Oil 
of  Hast.  £nt.  fol.  384  and  385,  where  a  mai 
was  indicted  and  acquitted  bdiire  certain  jnt- 
tices,  and  being  indicted  de  maro 

£.  C.  /.    it  is  title  Gaol-ddivery,  is  it  not  f 

Sir  F.  Win.  Yes,  my  lord,  it  is.  And  hi 
pleads  that  he  was  indicted  *  coram  aliia  juli- 

*  ciariis,'  for  the  same  fokmy,  and  upon  tUi 
plea  the  entry  is  made,  *  Quia  testatum  cat  hw 

*  in  cur.  iii  proefatos  justiciarioa,'  that  tho  mii 
party  was  acquitted  of  the  felony,  in  niaaMl 
and  form,  as  he  had  alledged  in  his  pkai 
Therefore  it  is  adjudged,  that  he  shouU  be  dh- 
charged,  and  go  without  delay.  Myknlpldi 
not  altogether  rdy  upon  this  precedent  ftr  lav  j 
but  1  find  it  in  tliat  book. 

Now,  m  Y  kird,  I  sluJl  ofier  some  reaaoM  ■ 
general.    First,  that  when  once  the  Cora 
m  parliament,  in  the  name  of  themselves, 
of  all  the  Connnons  of  Enghnd,  have  ~ 
an  impeachment  against  any  man,  it « 

nic  against  natural  justice,  that  ever  any  < 

nioners  should  afterwards  come  to  try  or  jiaifp 
that  man  for  that  fact.  I  speak  this,  beoanaa 
every  man  in  England  that  is  a  conmioner,  a  a 
\mrty  to  the  accusation ;  and  so  we  have  pkai* 
ed  by  such  an  imiteachment,  a  man  is  sulyeclqi 
to  another  sort  of  trial:  Magna  Charta  8ay% 
That  every  man  shall  be  tried  by  his  peen^  tr 
by  the  law  of  the  land.  And  by  the  law  of  the 
land,  there  are  several  sorts  ot  trial,  soma  by 
juries,  others  not  by  juries.  This  is  one  if 
those  sorts  where  the  trial  is  by  the  Inr 
of  tlie  land,  but  not  by  his  peers :  for  it 
would  be  hard  that  any  man  should  < 
to  try  or  give  judgment  upon  a  person 

hath  been  his  accuser  before;    and  in  i 

hath  ali-eady  given  his  judgment  that  be  ii 
guilty,  by  the  aircusation  of  him,  and  so  aiaa^ 
not  inditferent.  Hy  this  means  the  trid  ly 
jury  is  gone ;  and  the  Lords,  who  are  the  pan 
of  tlie  nidm,  aiv  juilges  in  point  of  fact,  as  sfi 
as  law.  Here  is  an  enormous  offence,  agaiail 
which  all  the  nation  cries,  for  so  they  do  ui  lb 
impeachment .  Then,  says  the  kiw,  it  is  not  ll 
that  you  should  try  hiin,  who  are  paitiea :  lit 
the  Lonls  arc  the  proper  judges,  they  shal  I9 
him  per  tttte$^  and  the  commoners  may  oa|pi 
in  as  witnesses,  but  not  as  juilges. 

My  lord,  another  reason  is  this,  that  if  fli 
appeal  of  deatli,  or  any  other  apn^  were  dl^ 
pending  before  the  statute  of  3  xl.  7.  caf..l« 
the  king  could  not  proceed  upon  fif  *— '^--'^ 


SOI]  STATE  TRI.\I5,  Z3  Char les  II.  l68l,^Edirard FUzkarris. 


[302 


for  the  fame  fiict ;  bemuse  the  Vw.ff^  as  the 
common  parfrnt,  does  only  take  care  that  sucli 
tifwiera  should  not  go  away  with  impunity  ; 
hot  the  preference  was  {pvcn  to  the  i»enon 
BOTp  particularly  cnnccnieil,  nnd  tlir  kinif\s  in- 
didineot  must  stay  ti!I  the  year  and  day  were 
«it,  to  see  whether  they  wdl  |irocce«l  in  their 
nils.  And  so  sa\'s  my  lord  chiet  justice  Hales, 
ia  hk  Pleas  of  die  Crown,  94,  42,  45.  Then 
( a  minori  ad  majns,'  does  the  law  so  rc^rd  the 
intereft  cit*  the  wife  or  the  heir,  Sec.  \n  their 
soh,  and  has  h  no  regard  to  the  snit  of  all  the 
Coannons  of  England  ?  For  manifestly,  an 
impeachment  is  the  suit  of  die  people,  and  not 
the  knig^s  suit. 

ITiat  is  the  2d  reason  ;  another  reason  I  shall 
■qpR,  is  that  which  was  touched  by  Mr.  Wil- 
iama.  Sappose  this  man  should  l»e  tried  here, 
ind  be  acquittetl ;  is  it  to  be  presumed  that  he 
an  plead  this  acquittal  in  bar  to  tlie  impeach - 
■ent  before  the  Lords  ?  M^v  lord,  1  belie\-u 
there  is  no  consiilerin;^  man  in  England,  that 
Ibb  regard  either  to  the  jurisdiction  of  pariia- 
ant,  or  to  the  nature  of  the  suh,  will  affirm, 
tfHt  it  wmiM  be  a  good  nlea ;  and  that  hecouhl 
hv  the  great  Court  of  the  kingtlom  from  pro- 
eeediiv  against  him,  by  sayin<;  he  was  ac- 
fB^Baby  a  jury  in  Westminster- Hnil,  after  the 
mit  was  first  well  commenced  in  that  Court. 

Hy  lord,  I  say,  with  reverence  to  the  Court, 
tbatriMuM  you  pmreeil  in  this  trial,  it  mnv  fall 
out,  that  contrary  to  a  fundamental  nile  or  law, 
a  man  shall  be  twi<re  put  in  dancrer  of  Iiis  life 
fin-  one  oflence,  which  by  the  law  he  cannot 
be ;  and  therefore  I  urge  that  as  a  rens(»n, 
^dif  ytm  cannot  proceed  liero  on  this  indict- 


My  lord,  I  will  now  mention  two  or  three 
ffi fflwila,  which  will  pro\'c  that  this  im- 
peachaatt  ia  arcordin«;  to  the  course  and  law 
sTpufiunents,  thoutrh  it  may  seem  needless, 
after  the  kiug's  learned  counsel  liavc  agreetl 
la  it 

Hy  lord,  I  shall  first  mention  the  case  of 
Michad  de  la  Poide,  Rut.  Par.  18  or  '^8  II.  6, 
n.  18.  He  was  a  Tcrv  great  man,  nnd  came 
to  the  House  of  I^rtrcfs  voluntarily,  and  said, 
there  was  a  rumour  that  he  was  guilty  of  hor- 
riUetlmiQS. 

L,  C.  J.  T^liere  did  you  take  this  case,  out 
of  Cotton  ?  It  IS  mentioned  thci'e  ;  but  I  have 
leea  a  copv  of  the  roll. 

Sr  fV.  l^inningion.  Yes,  my  lord :  there- 
vpon  the  Commons  pray  he  may  be  committed 
^Ktt  his  own  confession  ;  and  that  the  thing 
lieiag  debated  in  the  I1uil(«,  the  Lords  said, 
We  Know  not  what  was  meant  by  those  words, 
'  hornUe  things ;'  it  may  im|K>rl  only  niisile- 
neuMTs:  if  it  had  bcen*^»ud  treason,  we  had 
bown  how  to  hare  proceeded  thereupon :  and 
thereupon  within  a  few  days  af^er,  the  Com  • 
nMQs  came  and  accused  liifn  of  treason.  And 
there  it  is  said,  tliat  the  course  of  parliament  is 
to  find  out  the  truth  by  circumstances,  and  such 
kernes  as  the  nature  of  the  thin^  wiU  bear, 
•nil  they  are  not  oontmed  to  the  strict  rules  of 
fthcrCooitit    1*11111  not  ^ite  any  more  aotient 


casciL,  though  there  are  many  to  be  found  of 
g^eneml  impeachments  :  for  we  are  not  disput- 
ing what  is  the  ri^ht  and  course  of  hnpeach- 
mcnts,  which  is  oonlessed,  upon  the  pleailing  : 
hut  we  have  had  several  cases  of  late  ;  the  earl 
of  Clarendon  was  ini(>each(.*d  generally,  and 
the  Commons  took  time  to  bring  in  their  arti* 
cles  ;  anil  I  have  had  the  experience  in  three 
or  four  parliaments,  wherein  we  have  been 
pretty  well  busied  with  im|)eachments,  though 
we  have  had  no  great  success  in  them,  that 
though  the  Commons  muv,  if  they  please,  carry 
up  particular  artich>s  at  nrst ;  yet  the  law  and 
course  is,  for  the  Lords  to  receive  the  general 
impeachment,  anil  the  Commons  say,  that  iu 
due  time  tliey  will  bring  in  their  articles.  So 
it  was  done  in  the  case  of  the  live  |>oi)i8h  Lords  ; 
some  particular  meml>er  was  ap|>omted  to  go 
up,  and  impeach  them  of  high  treason  in  ge- 
neral;  and  m  tliat  case,  though  the  (mrliaroent 
was  dissolve<1  before  any  articles  were  sent  up, 
yet  afterwards,  in  the  next  ]mrliament,  the  arti- 
cles ufion  the  former  impeachments  were  sent 
up,  and  received,  and  my  lord  Stafford  since  exe- 
cuted, upon  his  conviction  upon  that  impeach* 
raent :  yet  indictments  were  exhibited  against 
them,  before  ever  any  impeachment  was  sent 
up  by  the  Commons,  and  preparations  were 
made  for  their  trials.  But  from  that  (lay  to  this, 
there  hath  been  no  attempt  to  try  them  upon 
their  indictments,  though  there  have  been  se* 
veral  intervals  of  [larliainent. 

Our  case  is  stronger  tlian  that  of  the  Lords : 
for  in  the  case  at  the  bar,  the  first  suit  was  in 
the  House  of  l^nls  by  the  C-onmions,  whilst 
in  the  othei*  case  the  f&st  was  tlie  suit  of  the 
king,  bv  indictment ;  and  yet  by  a  subsequent 
imiieachment  that  was  stopped,  and  theJUords 
oontinne  \ei  prisoners  in  the  Tower.  '  Our 
time  hath  be(*n  so  short,  that  we  could  not  see 
the  copies  of  orders,  which  we  might  other- 
wise have  made  use  of,  for  maintaining  this 
plea:  we  sent  to  the  House  of  Lords,  but  the 
otficcrs  were  out  of  town,  and  we  could  coma 
at  the  sight  of  nothing  tliere.  We  have  bee& 
told  the  opinion  of  the  judges  was  delirered 
at  council  concerning  these  Tery  Lords,  that 
the  impeachments  being  lodged  in  parliament, 
no  other  prosecution  could  be  against  them,  tiH 
the  prosecution  of  the  Commons  was  deter- 
mineid.  So  far  the  Courts  below  have  always 
been  from  meddlhi^j  with  tlie  jurisdiction  of  par- 
liainent,  that  even  many  times  in  questuma 
upon  acts  of  parliament,  tliey  have  gone  up  to 
the  parliament,  to  know  what  was  meant  by  it. 
And  I  remember  it  was  said  by  the  Coort  in 
tliat  case  of  my  lord  of  Shaftesbury,  where  it 
was  agreed  by  all,  that  tlie  commitment  was 
too  general,  tor  it  was  only  for  a  contempt, 
whereas  the  crime  ought  particularly  to  appear 
in  the  warrant;  that  it  being  in  a  case  of 
commitment  by  the  parliaitient  (at  least  while 
that  parliament  was  continuing^  they  ought  not 
to  meddle  with  it,  nor  could  tney  enquire  into 
the  formality  of  the  warrant. 

My  lord,  I  must  mention  one  thing  toachin^ 
the  case  of  my  lord  HoBis,  which  wai-dlM 


303]         STATE  TRIALS,  33  Charles  II.  l6Si.^Proceedmga  againU         [3(V 

murrer.  The  third  ^reat  point  and  hinge  apci 
which  it  tiims,  is  this, 'that  the  high  tream 
mentioned  in  the  indictment,  and  the  higl 
tn?ason  for  which  he  was  impeached  in  tn 
House  of  Lords,  is  one  and  the  same  treason 
This  we  have  pkinly  averred,  and  this  Mr 
Attorney  hath  likewise  by  his  demurrer  plaiolj 
confesM-d,  as  we  humbly  conceive. 

For  the  two  former  points  there  n  no  £ffi. 
culty  in  them,  and  therefore  I  shall  pasa  dm 
over.  It  is  the  third  matter  which  I  take  to  k 
the  only  point  in  the  case  ;  and  if  we  bifii 
well  averred  it,  and  can  by  law  be  let  into  aocf 
an  averment;  then  I  ho|)e  your  kudsliip and 
this  Court  will  not  pretend  to  go  on  in  ttt 
case.  The^  object,  and  say,  because  he  b  iii. 
peached  ot  higli-tveason  generally,  wHhepI 
naming  anv  particular  treason,  that  gmum*  bi 
averred  to  be  the  same,  and  a  demurrer  difli 
never  confess  the  truth  of  that  wlilch  by  Im 
cannot  be  said  ;  but  if  it  may  be  said,  and  ii 
said  plainly,  then  the  demurrer  oonfeasan  k. 

My  lord,  I  humbly  conceive  thin  nwHer  k 
well  averrable,  and  we  have  takoi  njgood  m|- 
ment.     I  grant  that  a  repugnant  ana  no  ■ 
sible  averment  cannot  betaken,  as  to  r 
horse  to  be  a  sheep,  which  is  a|^»aientiy 
nant  and  impossible ;  and  in  that  caae  a 

rer  can  never  confess  the  truth  of  that 

anpcars  impo^ble  to  be  true.  But,  my  M^ 
ir  there  be  no  impossibility,  nor  lepagnanqTi 
nor  contradiction  in  the  averment  httwwmfm 
matters  that  are  averred  to  be  tiie  same,  m  iWl 
is  not  between  that  which  is  but  genendlT  ci- 
presscd,  and  that  which  is  more  especiadj  rf- 
ledged  ;  where  all  may  well  stand  tagether,  lod 
the  one  includi's  the  otner  and  needs  only  MM 
farther  explanation  ;  it  is  not  only  allowihleii 
aver  it,  but  most  proiier,  and  in  such  case  orijr 
necessary.  For,  <  quod  constat  clare  non  ddkC 
verifiean,'  in  this  case  it  is  not  necessary  that  it 
slKiiild  appear  to  the  court  upon  the  vieirof  tte 
indictment  and  impeachment,  tliat  the  matlHr 
contained  in  both,  is  the  same  ;  but  it  is  M^ 
cicnt,  that  it  be  proveablc  upon  an  issue  ts  It 
taken.     And  so  much  is  admitted  by  the  j 

in  Sparry 's  case  Co.  5  Rep.  51.    That  if 

bo  convenient  certainty  which  may  be  put  Ii 
issue,  it  is  sufficient,  and)  conser|ueiitIy7  not  ■•> 
cos-sary  to  ap|>ear  at  tlic  first,  but  upon  theevHl 
of  the* issue  ailerMards  to  be  tried.     And  if iM 
intend  it  o(her\%'ise,    1   confess   I  undeifMl, 
tlicni  not.    It  is  tnic,  it  must  appear  to  4$ 
court,  either  at  the  first  opening,  or  upon  il  ^ 
issue  subse<iueiit  t<i  be  found.     And,  my  k«rt  ^ 
this  matter  uiay  appear  at  first  or  at  last,  m  . 
the  thinp^  is  possiMe  to  be  proved,  then  we  ttl , 
well  en«iu£rh.     In  Corbet  and  Bame*8  casL  il. 
the  first  Cruke,  fol.  /i^O,  a  battery  auppeaei  Ii.: 
I>c  in  ]x)ndon,  and  u  battery  supposed  to  be  fr  < 
Hei*eionlsliIre,  wrre  averred  to  oe  one  and  fc-J 
.same  battery,  which  natunUly  is  iiiifiiBiillli 
yet  iMiing  transitor\%  and  therefore  suppMHJ 
to  be  (lone  in  any  clninty,  such  an  avcimciillW 
allowable,  though  it  seemed  contradictonr.  ^g^ 
could  not  aiipcar  to  the  court  by  compamf  fN 
se^ei-al  dcdaraUons  to  be  any  yvvj  ttw  90^^ 

3 


bjr  Mr.  ^^'illiams,  and  I  have  but  a  word  to  add : 
it  is  in  the  Appendix  to  the  first  part  of  Rush- 
worth's  Coll.  and  also  in  C-roke,  Car.  fol.  181. 
It  was  there  pleaded  to  the  jurisdiction  of  this 
Court,  tliat  it  was  a  matter  dune  in  parlia- 
ment :  in  our  case  it  is  pleaded  that  an  im- 
peachment is  depending  in  parliament;  that 
was  but  a  prosecution  for  a  misdemeanor,  tliLs 
is  a  case  of  high -treason.  It  fell  out  in  that 
f»se,  tlie  Court  here  did  adjudge,  tiiat  the  in- 
formation did  lie  ;  but  upon  a  Writ  of  Error  it 
was  agreed  by  tlic  Lords  unanimously,  that 
the  juugnient  was  erroneous,  and  that  the  par- 
ties should  be  restored  to  ull  which  they  had 
lost,  by  reason  of  it :  but  if  this  man  should 
Jose  his  life  by  your  jutlfpncut,  what  help 
would  there  be"  upon  a  "Writ  of  Error?  Tlie 
danger  of  such  a  thint^  requires  great  consi- 
deration ;  and  it  would  be  of  fatal  consequence, 
if  the  Lonlk  should  liereatler  a(\)udgc  that  this 
Court  had  no  jurisdiction. 

As  for  3Ir.  Attorney's  objection  to  day,  that 
we  have  not  set  forth  acrtually,  that  there  was 
any  impeachment ;  I  do  confess  I  was  a  littlb 
startled  at  it ;  for  the  words  of  the  plea  are, 
That  Edward  Fitzharris,  by  the  kui^ts,  citi- 
seiis  and  bui^esses,  was  luiuoached ;  which 
impeachment  is  in  force.  I  uo  not  know  how 
in  the  world  we  coidd  have  thought  of  more 
cx|Mre8s  words,  tlian  to  say,  he  was  impeached ; 
and  that  that  iin|)oachment  is  in  full  force,  as 
appeal's  by  the  record. 

For  the  otlier  objection,  the  otlier  day  (for 
we  would  mention  all,  how  little  soever  they 
desene  an  answer)  that  the  king  may  chuse 
in  what  Court  he  will  sue  ;  it  is  agreeci,  when 
it  is  at  his  own  suit :  but  tliis  is  not  •so,  but  at 
the  Commons  suit,  and  can  be  no  where  else 
|>i*osecuted,  tinm  uhei*e  it  now  de|>ends.  This 
IS  the  method  and  course  of  parliaments  we 
say  ;  and  that  the  iuetho<l  and  coiirse  of  par- 
liaments is  the  law  of  the  land,  your  lordship 
will  take  notice  that  it  is  so. 

To  conclude,  as  this  )dca  now  stands,  the 
demurrer  conrt*sviii«^  the  luatter  of  it,  it  cannot 
be  over-ruled,  without  deriding  whether  the 
Lords  ran  proceed  upon  such  ^fcneral  im))each- 
mcnts,  and  whether  the  Coiiuuons  can  iiniieach 
in  such  a  general  way.  We  submit  the  whole 
to  your  judgment :  it  is  a  case  deserves  great 
consideration,  as  being  of  great  weight  and 
moment  ;  and  highly  concerns  the  juvisdiction 
of  the  Lords,  the  pnvilcges  of  the  Coumions, 
and  the  rights  of  all  the  |ieople  of  England. 

Mr.  Wallop,  May  it  please  your  loitlship, 
there  are  in  this  plea  three  principal  parts  upon 
which  it  turns,  which  are  exprtssly  alledgvd. 
First,  that  Fit/ha rris  In^foi-e  the  indirtmont  >«  as 
accortling  to  the  law  and  custom  of  parlia- 
ment impeached  of  lii^^h-livason,  and  this  I 
hviiibly  conceive  is  crniffssrd  by  IVlr.  Attorney 
upon  the  demurrer.  The  si  cond  thing  is,  thai 
this  iinpea«.'hinent,  Ik.*  it  as  it  will,  gcnci'al  or 
particular,  does  remain  in  full  force  and  virtue. 
This  ispluiidy  alledgcd  and  iienuirrcvl  to,  and  so 
confessed  byAlr.  Attorney;  for  all  things  weU 

«||8dfcd  and  plcadvd,  ar«  c^^^v^'^ed  by  the  d<i- 


30o] 


STATE  TRIALS,  33  Charles  II.  iGSl^-^Edward  Fitzharrts. 


[30( 


And  there  bciii|r  a  demurrer  for  that  cause  in 
that  rase,  the  truth  of  the  averment  was  ruled 
to  be  cunteisad  by  the  demurrer,  and  so  htrro 
l|¥  the  iJeinurrer,  the  truth  uf  the  sugi^stion, 
that  the  treaiJiHi  in  Uie  ini|)cadiment,  and  the 
treaann  in  the  indictiuent,  u  one  and  the  same, 
is  conltfssied. 

%j  taking  this  aTerment,  ire  offer  tliem  here 

a  lair  isaiM,  an  iasue  of  fact  triable  by  a  jury, 

whrrein  the  attorney-general  might  har«  joined 

vilb  ui,  if  he  bad  pissed ;  but  refusing  thai, 

ndhaTinj;  demurred,  and  thereby  cunftrssed 

vhtt  we  hare  aUedged,  it  must  be  taken  to  lie 

iiw,tt  tf  found  by  a  jury.    And,  uiy  lord, 

Ikilbis  OMiter  18  iiroperly  averrable  and  tria- 

Mi^  I  diink  it  is  plain ;  it  being  a  question  of 

ht%  whidi  is  uroperl]^  triable  by  the  coimtry : 

Aad  if  they  had  taken  issue  upon  that,  we  might 

bate  cone  to  a  jury,  where  the  matter  would 

ba»t  Wm  easily  proved.    For  upou  evidence 

the  jary  might  fairiy  take  mto  considc- 

the  reading  of  this  very  numerical  libel 

ia  the  indictment,  and  the  particular 

debate  of  the  House  of  Commons 

And  that  upon  those  very  debates 

▼otcd  tiwt  Fitzharris  should  be  im- 

fhr  matters  contained  in  tliat  libel. 

C  npon  dioae  votes  the  impeachment 

'  id  np  to  the  Lords.    This  is  cvidf  iice 

tlMiC  the  House  of  Commons  did  in- 

«iiae  him  of  the  same  treason  con- 

the  indictment;     which  proves  the 

that  the  treason  contained  in  the 

is  the  same  with  that  contained 

Neither  is  this  to  put  the 

of  the  mind,  or  secret  ihomrlits  of 

in    issue,    which    is    against    the 

if    law:     but   to    put   them    into    a 

arf  pniofy  which  well   stands  with  the 
if  hw,    which  upon  the    general,  or 
iikr  crihcteral  isaue,  may  well  tc  enquireil 
if  ijf  Ifae  jury .     As  in  an  action,  *  ^uare  cancm, 
'MrdMein  ^pfendens  scienter  retinuit.'    Hitc 
^mmmt^  is  not  direi;tly  isKuable,  but  it  is  prov- 
41b.  ibI  anist  he  provecl  upon  the  general  issue. 
%  m  the  preaent  cane,  the  intention  of  the 
Cbaaioaa  upon  the  issue  offered  by  us,  and 
Jlihsed  by  rae  attorney  general,  might,  and 
^ghly  and  wmiM  have  lieen  proved ;  and  witli- 
OttdMdM,  tmmd  by  the  jury.    Neither  is  this 
§M«al  iiupcachment  socli  a  national  thing  as 
w  other  aide  would  pretend  ;  but  it  is  as  if 
ihould  aav,  wa  do  charge  him  to  have 
certain  crimes  tliat  are  treason.  Now 
die  crimes  they  say  he  had  oominitted, 
lor  which  they  unneached  liiin,  are  the 
iHdi  those  for 'whicli  he  Ls  indicted,  is  a 
|Md  and  pfoper  u«ime.    And  if  it  appears  to 
*^—^  to  Be  the  same,  you  will  certainly 
ce  off  your  hamLn  from  those  pm- 
This  is  all  I  «ihall  ^^ny  as  to  the  aver- 
X    Aad  if  w<*  can  wc^ll  get  over  tluit,  I  take 
\the  leit  ia  wdl  enough, 
ttafnin,  they  aay,  the  lm|ieachmcnt  is  too 
■I,  and  no  man  shall  be  put  to  answer  to 
a  geaenl  accusation. 
■rid  1  mj  10 IM,  neither  ihsU  Fitzharris  be 
yi#u  VIII. 


Kut  to  answer  to  it  without  .^ijiecial  ailicles ;  yei 
e  cannot  quash  I  lie  hHjM.'iu^hnicnt  tcr  tlii« 
cause,  as  he  might  the  ihilictuient ;  whic); 
shf'Ws  the  diflcTcncc  Ix-twixt  au  impcachmenl 
anil  an  indii^meut,  which  always  contains  the 
special  matter,  and  without  which  it  might  lie 
quashed  and  ntade  no  n^ronl.  But  lierc  by  the 
law  of  parliament  siicli  i^end'al  im|)cachiiient« 
aie  held  good  ;  and  articles  are  usually  brought 
in  afterwards,  and  after  thosi?  additional  articlni; 
whit;h  cannot  be  in  the  coiirne  and  way  of 
intlidmeut ;  and  therefore  wc  must  take'  the 
impeachment  as  hc  fnid  it ;  and  since  it  standi 
against  us  as  a  record,  though  it  is  general,  wt- 
may,  and  must  pleail  it  in  the  same gtiu'ralily  ; 
having  no  way  to  make  it  onrecord,"as  w  ^  ha\i' 
in  case  of  such  a  general  indictment. 

8o  then  this  being'  an  impeachment  accord- 
ing to  tlic  course  of  pariiament ;  it  is  well  loilgrtl 
in  the  House  of  Lords,  wherc^  it  only  onght  to 
be  tried,  and  we  must  plead  it  as  wc  may,  and 
as  we  find  the  case  to  be.  And  having  averred 
the  crimes  to  lie  the  same,  we  have  dime  what 
we  could,  and  thcxiorc  onou'jrh. 

And  that  a  gonend  luijH'aciinii'nt  without  ar- 
ticles is  a  bar  to  an}  iiidictiiKiit  tor  the  same 
matter,  was  ivs:(dv<-d  l>y  all  thi>  judges,  as  I  am 
informed;  in  thu  t-xso  of  tho  l^rds  in  the 
Tower,  *  who  wore  tdl  indicted  tiir  ti-eason, 
either  in  the  King's  i»H|icli  or  beloro  commission- 
ers of  Oyer  and  TrrniisMT.  And  afterwards 
(5  Dec.  1(378.)  geneialiv  iiiipi^arhed  betiirc  tiie 
Lords  in  parlinuient ;  aitd  ut>  articles  exhibited 
tdl  3  April  1679.  Aiul  yet  in  the  mean  time  it 
was  rcsolv«:d  at  the  <.  o'uncil  Table  by  all  the 
Judges  there  attcndiitjjfi  tliHt  uhcr  the  general 
hnpeaeliment  before  arlielcs,  they  could  not  be 
jirficeedcfl  against  upon  those  indictments, 
though  the  parliniiient  wherein  lluy  were  un- 
peacbe<i  waA  dissolved. 

And  that  was  a  stnmger  case  than  this  of 
Fitzharris  :  for  then*  tho  inti*rior  eourt  was  first 
possessed  of  the  cause,  and  yet  tho  ^neral  im- 
|iea(  hment  closed  up  the  hands  (d  the  court. 
But  in  this  c»se,  the  superior  court,  the  fiarlia* 
ment,  was  first  possost  of  the  clause,  which 
cannot  be  taken  out  of  their  hands  by  the  in- 
ferior court. 

There  is  a  farther  diircTence  betwixt  an  im- 
peachment in  pariianienl,  and  an  indictment ; 
that  in  an  hidictineut  which  is  always  as  par- 
ticular as  aii  ides  upon  an  impeachnient,  you 
caiuiot  plead  auier  J'oiiz  arnugwd  ;  but  you 
must  plead  afttcrfoitz  convict  or  acquit,  as  ap- 
pears m  sirWiUiam  VVishi[K)le*scase,  (^Iiron.  1. 
105.  Bill  in  an  imiMnieliineiit  in  parliament, 
the  other  side  will  acknowhilge,  that  aflcr  ar- 
ticles exhibited,  there  can  Im*  no  pniceetlinjra 
njjon  au  indictment  for  the  same  oH'ent.'e,  s3- 
though  the  defendant  in  tlu*  ini])cachnient  be 
neither  convict,  nor  ac<piit.  thiicrwise  you 
may  bring  back  all  the  Ion  Is  in  the  Tower  to 
the'Kinff's  Bench  to  bi»  trieil,  which  Mr.  \ttor- 
ncy  willnot,  I  sup|>ose,  attcuipl. 

i\nd  it  is  obsenublein  the  eas«?  of  sir  William 

••See  vol.  7,  p.  I^IH,  of  this  Collect! -n. 


307]         STATE  TRIALS,  33  Charles  II.  iGSL^ProeuirngM  H^wt         (SOS 


Wisliipolc,  That  to  avoid  the  doubt  that  the 
]iarl}-  tlieixi  should  not  be  questioned,  both  VL\\on 
the  Coroner's  Inquest,  and  the  indictment  of 
niunler ;  it  w  sn  mUni  by  the  court,  that  the 
finit  should  be  quashed  as* insufficient :  So  care- 
ful were  the  jud}^  to  avoid  the  double  vexa- 
tion, in  a  case  coin|)ared  with  this,  of  no  great 
import. 

1  sliall  say  no  more  to  the  case,  hut  only  ob- 
serve how  scrupulous  theju«l|fi*s  have  been  to 
touch  upon  a  case,  w  here  they  had  tlie  least 
suspicion  of  jealousy  that  the  |)ai'liament  luid, 
or  pretended  to  have  a  jurisdiction,  or  were  pos- 
sessed of  the  iniuse.  1  am  sure  I  could  ne«-er 
get  any  thing  by  any  labours  of  mine  in  those 
leases.  Hut  u|Mm  all  such  motions  they  weoe 
si>  aware  of  what  might  be  the  consequence, 
that  thi'v  wduKl  always  worsiiip  afar  off,  and 
would  never  come  near' the  mount,  they  would 
ever  retiie  when  they  ttimc  but  near  the  brink 
ofthisgidph. 

Now,  my  lord,  if  you  rf*tain  this  cause,  in 
ctnistM|uen(>e  you  charge  yoursi'lves  with  the 
bKHulurihis  man;  wherein,  if  you  proceed 
regularly,  ami  according  to  the  law  all  is  well. 
But  however,  by  overruling  his  uKm,  you  take 
iiDiin  you  his  blood  one  w  ay  t*r  ot  her  ;  through 
w  hicli  you  must  w  adr  to*  C4»me  at  the  cause. 
Ami  whctlier  it  \w  advisaldo  to  comt*  at  it  upon 
these  l«*nns,  1  Isave  it  tn  your  loidsihipN  w  isdum 

to  tXM)sid<T. 

Mr,  Po'UrfVn,  M\  lord.  I  shall  not  make 
any  \**u-x  nr^umrnt.  ilu'iv  hath  l^rn  so  much 
Miid  hvio\>'  nie.  Hut!  wn-.l]  lain  come  to  iht- 
qucsiionit  1  nuild  ;  \'nr  1  nr.i>t  confers.  atWr 
all,   i  c.uiiiii!  st'i'  \*i:;iT  \hv  i«thn  side  ni;ikr  the 

tllUMioil.       Mr.  \XUK\tV\     V.  ;iN    |iti-»>ni     to    s:iy, 

tiiat  Unh  for  t'uc  in.iift-r  a;i«l  ti  rm.  ht*  oli|»  *  utl 
as^iinst  cur  )ili  a.  Uut  it' ii>r  uw  matltr  it  lie 
aduiiitrd  lo  i:».\  iJi.^.i  an  im|>tui  hnu'iit  m  |iai'- 
li;un«ni  tor  the  >.t>ne  matter  will  dui  thi>  court 
of  jiuiMlioiion :  I  will  *.^\  nothin*  at  all  i»t 
ii.  tor  I  appivhend  thai  i>'noi  tlu  ii  iii  q.t^inni 
!..  C.  ).  No.  fu»t  :ii  all. 
Mr  iViit'i.'i':.  Thm  tlu- iiu:ur  vnu-^  tf  Ih 
a^n^td,  ami  only  the  uiauner  p.ml  Imt'.k  ol  a 
plru  aw  no»  in  i^\iestiv-<ii.  And  tor  thr  n-iiiT.*-. 
-  they  except  to  it  m  iht^f  {«artitul;ix  -  i\T<r  i'h»-\ 
MJv  it  b  Dol  all««liiv«l  tiiut  Tiu re  i>  a]i\  iu>}>«  ^*\\- 
ment  upoo  rect>nl ;  now  i  CiiitVs/.  lorm  is  a 
■ubiil  matter  in  iist«lf,  ami  it  is  tas\  foi  any  man 
that  reads  oUkt  Wi*n*>  wivds  and  w  riiiiig^.  it*  be 
irill,  to  make  wha:  v-'\'>4rn'u«»u  he  wdl  of  lluii'. 
even  Noiuniiks  to  U^  \  flunms  ;  I  ui  I  kiic  w  il.^ 
conrt  ^ill  uoi  do  so.  Bui  tor  dii  uiVNUtr  so  i\w 
olfiectioii.  1  ihiidiL  It  is  as  >:ron::l\  aiid  cioitU 
pconftl  a«  1  can  i«  11  iu-.w  i^  j^.^  jlV.\  iha'j.  h't 
^gaimpettcltol.  •  Uu.i  tii:«U!n  linjVr.tio.  \^  ' 
Wbat  can  ihai  •  qiw  i^matjir  >*iiiiiT\ .  b'-.i  ihe 
impeadhumii  th^t  «,**  mst  mcn:;oi:;.l  :..  l;.^»  ; 
Itat  what  the)  m^aii  l.\  ihi^  lo  v..\ .  I'-.-.s  .<  :.o; 
e  Ulip«u.'li!r.cr.:.  wbtn  Uii  wori<  .;rt' 
that  II  IS  iht  >a:i!e.  I  r..'..>;  o  v.h>.n  I 
CuImiu. 

My  lasd,  tbetv  was  aLvxic:  ih  ■  „-  sjvk^u  llu 
4^,bittthr\  buw   m't  iu*«;.  ;.,^{  ii  i:o-.r 
aay  ibms:  »-^Tvd  ui  i:.  I  Ikhv  irnir 


lordship  will  be  pleased  to  hmr  m  bcfixe  jod 
give  your  judgment  in  it.  That  it  was  not  nid 
to  be  tuk  pede  tigiiii ;  but  I  know  diey  wiD  net 
insist  upon  it,  tberefiNre  I  say  nothing  It 
that. 

But  the  great  question  nowis,  wliether  or  m 
this  be  not  too  general,  the  aUedging  that  he  was 
impeached  in  pariiament,  and  not  tmying  hnr 
or  for  what  crime  ;  thon^  theiv  be  an  aver- 
ment afterwards,  that  it  is  for  the  said  crisK  P 
Whether  this  be  not  so  general,  as  that  there- 
fore this  pleasbould  be  naught  P  . 

First,  For  this  of  the  averment,  Itakeitwidi 

submission,  let  die  crimes  be  never  so  ipani- 

cularly  specified  in  the  record  that  is  pKadel, 

and  in  that  upon  which  the  psrty  is  brangk 

in  judicature,  vet  always  there  must  be  m 

averment ;  ana  that  averment  is  so  mndi  As 

substantial  part  of  the  plea,  that  let  die  mller 

never  so  much  appear  to  be  the  same  withonl  w 

avcrmeut,  it  wmdd  be  naught ;   and  it  MHt 

come  to  be  tried  per  poti,  whether  theofaee 

j  be  the  same  or  not :  For  if  a  man  plead  •■• 

indictment  for  the  murder  of  J.  S.  to  MSlhcr 

indictment  for  the  murder  of  J.  S.  tiioaghlkj 

bear  the  same  name,  he  must  aver  they  are  mt 

and  the  same  person.     For  else  »««  coMtef  Ii 

^  the  coiul ;  but  there  mav  be  two  J.  8*8.  Hhm- 

\  fore  all  averments  are  siiU  the  substance  sf  ibi 

plea,  to  brinsr  the  identity  of  the  mattar  w^ 

I  jmlsfinent,  an  J  are  to  be  tried  by  the  eovlrf : 

,  No  then  the  objection  to  the  generality  is  not  ■ 

I  ohjoction  to  the  substance,  but  rather  an  oljee- 

tion  to  the  form  on  their  side  ;  because  thsnb- 

staiMv  is  allfr«lg«^  in  the  plea,  that  it  is  for  the 

I  same  treason  :  Which  substance,  if  Mr.  A^ 

■  tiiniiv  had  thought  not  tit  to  have  domnnedto 

hut    taken    issae   on,   must    have  been  tried 

llaviifj;  thus  spoken  to  the  a%'crmeiil,By 
Uird,  let  iiiespeak  to  the  s^eueral  allegation  tbst 
'  he  was  iin|i\  ached  for  treason,  and  itoisayisf 
)Mi-itt  uLui\  what  the  fa«.l  was. 

M\  lord'.  ifthr\  aduni  the  law,  that  an  im- 
peAchiutiit  in  parliamrut  does  suspend  orlHi 
;iway  the  junsdictiun  of  this  court,  then  thcj 
lia\f  aihuittt-d  t'rirat  |ian  of  the  tact,  anddNS 
ilir  iiuitvi'  in  quostiiia  %viil  be,  what  imi 


iitrM  p;  oarliaiiuui  ii  i^  thai  wUl  lake  away  the 
jiiriMii.  ii>-ii  of  the  i>)urt,  i>nd  there  can  be  hat 
iwv  M^rt> ;  \iw  iitr  -ji  lars:^.  where  the  whoh 
orVr-i..^  .« kTVx.rivd  :  tii«.^  mher  not  at  large,  hal 
i-:.i\  .:•  i.iiivr..:  wc>ni>.  Ttir  knichts,   i  i^'gf '"i 


an  i  L-.i:  >t->:s  \^  pj.::  jaiieni  assembled,  ii 
v.\v..K  '  1  :i.. .i.x. ; .  >.  .'.'A  i.f  aU  the  Commonid 
F.r^...". -.  [o  ::n^x:!i  s-ioh  an  one  of  high- 
tre.i^ 'ii  \  vv. .  tv\  lord,  if  so  be  such  ■fr- 
{vai'l.urt.t  .:.  ;vi  ::An".*  .1  y>e  a  good  a 
n:tx;.  i:.:'i:  •  vt  v.e.  I  tlunk.  tha  most 
iM<-.  (ilt.:^:-.\l  i\.M  V  a..  \>.  AS  plain  as  the'fod 
ih.il  i-  -s  :-  1:1  ::i.  o.ichment  in  pariiameift; 
.i.ni   i':..".  ii.>  1.-  .1-^  i%  outed  of  its  jmisilir- 


k. 


■.-1 


TiKv  ;r».\: 


w'aix."ii  I  vv  <    ..-- 


V;  ii 


Lk^'-:  ^~cc  U.:'.-re.    bare   said 
.■u\  \  •-■•Mr  ■ -.^niship  to 


•■'    ATv  I  •  lake  noiioe  of  thi 
i'r^xvi'^j^:^ ;.:  -.uit:.''  cv'^tlp.  aisc'ther  courts  an 


309] 


STATE  TRIALS,  33  Charles  II.  iGSL-^Edward  FUzkarru. 


[31( 


booMl  to  take  notice  of  the  proceeding  of  this ; 
ilicB  I  would  sappoae  in  otner  familiar  cases, 
there  is geneffaUj(8S  it  ii  true  in  Hpanry's  case) 
the  writ  or  dedaraiion,  which  does  in  all  civu 
cuMi  set  ibfth  the  particulartty  of  tlie  thini^in 
foestioB,  yet  in  some  eases  we  are  sure  it  does 
not  do  80 ;  hot  the  coarse  and  practice  of 
some  ooints  admit  general  proceedings.  Now 
wheieiei  that  is  so,  the  party  eonnot  mend 
Iriaiifif  by  making  their  course  otherwise  than 
it  ■ :  For  he  must  not  say  it  is  more  particular 
ihaa  the  coarse  of  the  6ourt  does  make  it. 
he  hath  no  other  way  by  the  law  to 
nmtter  on,  and  help  himseH',  but  by 
lent  that  it  is  the  same.  I  will  sup- 
mm  a  case  of  such  a  nature  as  this ;  a  roan 
wisp  an  aeoount  in  London  upon  *  Concessit 
advoe,'  and  he  does  not  particukirize  in  the 
any  thing  what  or  how  his  debt  did  arise; 
he  bnngs  another  account  or  delivery, 
declaration  in  an  account  of  debt : 
■ol  I,  because  the  first  declaration  is  in 
ironb,  aver  that  this  is  tlie  same  mat- 
he  sued  for  by  the  *  Concessit  solvere,' 
he  now  sues  for  in  this  particular  decla- 
:  Or,  auppooe  a  man  in  this  court  does 
m  account  for  divers  wares  and  mer- 
■old,  and  does  not  express  any  {lar- 
hut  that  be  was  indebted,  in  general 
for  wares  soM ;  and  afterwards  becomes 
■i  hrhm  another  account,  and  says,  it  is  for 
'laadsoch  wares ;  so  much  for  cloth,  so  much 
te.  though  bis  first  declaration  be 
,  not  expressing  what  the  wares  were, 
te  Isstia  particular ;  shall  not  I  come  and 
iW  k  ahaftement  to  the  second  declaration, 
and  second  were  for  one  and  the 
?  Huppooe  again  an  indictment  of 
fimna  against  a  man,  which  is  an 
ia  only  general,  and  bath  no  par- 
lAedged  in  ue  indictment ;  should  not 


the  second  time  indicted,  come 
tluB  ia  one  and  the  same  ?  My  lord, 
J  in  all  these  and  such  like  cases, 
■uel  be  goremed  by  its  own  proceed- 
tnka  motioe  of  the  nature  of  the  things 
before  the  court.    And  if  so  be,  upon 
of  die  nature  of  the  -thing,  there 
I  of  eertainty  set  finth  as  the  case  will 
,— dh  possible  to  be  had,  we  must  permit 
fta  iwty  to  I^cid  aa  he  can,  and  help  himself 
brmoBvcnnenL 

ny  loid,  the  question  is,  whether  an 

'  generally  in  parliament,  without 

Biting  forth  tor  what,  be  a  good 

_  !or  no?  If  they  say  it  is  not, 

boHon  of  the  plea  is  naught,  and  all 

tmm\  butif  they  say  it  is,  then  i  have 

'■qr  maHer  as  it  is.    For  I  cannot  say, 

I  Aat  ia  partKolar,  or  make  that  particubr 

%m  Ml ;  and  I  have  done  all  that  is  possible 

aa  to  4om  my  ease.    1  have  pleaded  what 

mfkm  toeoid;  and  aa  it  is  in  the  rcconi, 

■ny  plea  most  not  vary,  and  1  have 

is  fortne  same  matter,  and  you  have 

il  hj  the  demurrer. 

H^lwdi  I  fiwld  Bat  imuglo  Ae  q^tettioD ; 


but  I  must  confess,  1  cannot  see  hoiv  they  cai 
extricate  themsclvfs  out  of  this  uttcMiiiiu,  if'tlie^j 
do  admit  a  general  impeachment  is  a  {jjT^Kid  mv 
peaclnnent.  Then  there  are  fresli  iiiSi antes  o 
this  coniiiderable  in  the  cuse,  as  thatuhitrh  hatl 
been  particularized  ot  tlie  K.  ids  in  theTowcr,  am 
of  the  opinion  in  Febniarj^  uf  the  judges  in  tht  ii 
case.  For  in  the  be^nniug*  uf  liecembcT  ^vcn 
those  lords  indicted ;  and  alier  on  the  5th  o 
Dec.  the  House  of  Coniinous  taking  it  intotlieii 
consideration,  that  t^icre  was  a  <Hjniniissii>! 
goin^  out  foran  higli--.:te^ra*-d,  with  an  intt  u' 
to  bring  them  to  trial  l>i*;urc  « lie  peers;  the\ 
purposely  to  have  the  carriage  and  pnisccntior 
of  tills  great  and  horrid  tvt>usuii,  and  takeott'  tl;( 
prosecution  upon  the  indictment,  do  iiii)  c-u'-b 
tlie  sauie  lords,  and  there  the  iinpcacbnu'iit  ic 
just  the  same  as  this  hi  «uir  plea  of  high-tiva- 
son ;  but  not  of  any  parliinilar  fact,  adding, 
only  of  uthei'  crimes  and  inistiemcanoni,  whicli 
is  as  general  as  can  be.  Now,  my  loni,  the 
judges  did  take  so  much  notice  of  it,  thai 
though  the  parliament  was  dissolved  before  the 
particular  articles  were  carried  i  p  to  set  fortli 
the  particular  oflence ;  yet  in  February  follow- 
ing (some  of  the  judges  are  hero,  and  they  will 
rectify  me,  if  1  lie  mistaken)  tl.fir  upinions  be- 
ing asked  aliout  it  at  tlie  coitncii-iK)ard.  upor 
the  petition  of  the  Lonls,  ti  be  either  bailed  oi 
tried ;  they  wore  of  opmhiii,  ilmt  this  ini|)eacli- 
ment,  though  thus  general,  \i  as  so  depending 
in  parliament,  that  they  could  not  be  tried.  8o 
that  1  think  the  niuceedings  in  parliamtnt  arc 
of  that  nature,  that  if  vou  will  meildle  ^vitli 
what  they  do,  you  will  take  notice  of  then 
method  of  proceedings,  as  you  do  of  otliei 
courts. 

Wh^Mlien,  my  lord,  if  this  be  so,  how  is  ii 
possible  for  us  to  do  better  ?  We  have  pleaded 
as  our  fact  is  an  impeachment  of  high  treason, 
what  would  they  have  us  to  do,  or  wherein  is 
our  fault  ?  What  would  they  have  had  us  said! 
We  were  impeached  of  any  his^i-treason,  so 
and  so  particiuarizing,  how  can  that  be  ?  There 
is  no  such  thing.  Then  they  would  have  said| 
*  Nul.  Tiel.  Record ;'  and  we  must  have  been 
condemned  for  failing  in  our  record  :  Then  in- 
deed we  had  been  where  they  would  have  had 
us.  But  having  done  accoruing  to  our  fact,  ii 
tliatfact  be  such  as  in  law  will  out  this  cf»urt  oi 
jurisdiction,  1  see  not  how  it  is  possible  wc 
should  i^ead  otherwise,  or  what  answer  tliey 
will  give  to  it. 

My  lord,  I  will  meddle  as  little  as  I  can  with 
what  hath  been  said,  they  have  mentioned  thai 
it  is  a  case  of  an  high  nature,  and  this  un- 
peachment  in  parliament  they  Mill  look  u];oii  il 
as  tlie  suit  of  all  the  |>eople  of  £ng1and  ;  '.'.  h^ 
then,  my  lord,  this  must  needs  lie  agret;d  tc 
me,  if  this  impeachment  in  parliament  be*  in  the 
nature  of  an  appeal,  surely  an  appeal  does  si.n- 
pend  the  proceedings  upon  an  indictment  iw 
that  tact:  Which  is  the  case  expressly  ii:  niy 
lord  Dyer,  fol.  290.  Stanley  was  indii  t.-ii  (il 
murder,  and  convicted  ;  ai'ter  he  was  coi:.  ctul, 
and  before  any  jud|nnent,  the  w  ite  of  the  par\y 
murdered  brought  Tier  appeal:  tlion  came  they 


311]  STATE  TRIALS,  33  Cii ARLBt  IL  1 68 1  .^Proceeiimgi  agaimgi  [312 


Mferal  instanoM  tliey  have  uaed  to  Mqtpori  ti^ 
plea)  but  the  prisoner  pleads  thispm to  tfas 
purpose  thai  he  might  csca|i«.  Thenfora  if 
thettB  gendemeu  haS  taken  lostrnctioBi  fcom 
him,  surely  they  would  have  laed  aiyuBMHi 
to  the  same  purpose  that  hm  mighl  escape. 

My  lord,  they  olgect  we  have  sdmittfj  hers 
that  there  is  an  impeachment  depending,  thit 
we  have  admitted  it  is  ibr  the  same  natlsr,  nd 
that  we  have  admitted  the  pariiameat  t»  he  k 
being;  but  no  tact  is  admitted  that  is  not  wel 
pleaded.  Indeed  if  that  be  admitted  Alt  ifas 
parliament  is  still  in  being,  thea  it  geas  vm 
nanl  with  us ;  and  if  not  so  admitted,  the  whsfi 
force  of  Mr.  Williams's  aigiunent  fidia  te  ifat 
ground.  But  1  say,  my  ksrdi  with  snhm'  ~  ~ 
to  this  matter,  that  the  beginning,  oontis' 
prorogation,  adjournments,  and^  diM 
of  paniaments,  are  of  public  oognisanoei 
the  court  ex  offieiQ  will  take  notice  of  thcii,  at 
that  they  need  not  be  averred.  Andaoistte 
41  of  the  queen,  the  bishop  of  Norwkh'e  Gta. 
A  private  act  of  parliament  was  pfceded,  «ri 
the  day  of  the  paniament  mistaken;  dNvawv 
a  general  demurrer,  and  it  was  resolved  thot  il 
wairnaiight,  and  judgment  given  agaips' '' 
bishop,  thou|^  no  ezMption  was  taken  m 
ticular,  because  the  days  of  the  bcf ' 
ending  of  parliaments  aie  of  public  nouoet 
the  judges  take  notice,  when  a  parlianMMtkiB 
IxMng,  and  wlieu  not.  That  is  a  airiBcifl  tm* 
s;vfT  to  that  matter. 

Then  for  those  many  cautions  that  have  baai 
^i\en  you,  what  a  difficult  thing  it  ia  ftr  two 
jiirisdictidiis  tointerieie,  Mr.  Fitiharris is  neck 
C4»i)cprned  in  that  nuitter,  who  hath  fnifciiri 
hi  A  life  to  thr;  law  as  a  luottt  notorious  eAndOT 
that  certainly  desenis  nothing  hut  wuUk^ 
uicnt ;  yet  lie  woiUd  lain  live  a  little  isogsri 
and  is  iiiuch  concerned  that  the  judicature  tf 
(»ar!iaineiit  should  lie  preserved.  If  it  be  est 
law,  he  shall  not  be  oppressed  in  it;  but  if  il 
Ite  \eL\¥,Jiat  Juntitia.  Certainly  no  oonaidm- 
lion  whatsoever  ought  to  put  courts  of  JMtiSi 
out  of  their  steady  course  ;  but  they  ouEkk  t$ 
proceed  accordinfif  to  the  laws  of  the  land. 

]\Iy  lord,  I  obsene  it  is  an  unusual  phi^ 
and  perhaps  they  had  some  reason  to  put  B  Sib 
It  ronchides,  '  si  curia  pi-ocedere  vult,'  I WM* 
(ler  they  did  not  put  in  aut  debt  at  ^  that  is  Ibl 
usual  form  of  such  pleas ;  for  you  have  OS  el 
but  the  law,  and  if  you  cannot  give  jodglMil^ 
you  oufcrht  nut  to  be  |»res8efl  iu  it ;  but  k  bd^ 
a(*conhiij7  tu  law  that  {f ff at  odendera  end 
factors  should  he  br(iu((ht  to  conilign  | 
ment,  we  must  pi-ess  it,  \ihatsoe%-cr  the 
qiienees  arc.  And  if  wc  did  not  take  it  till 
the  intcrefit  of  all  the  kingdom,  and  sf  III 
C^onmions  too  as  well  «'u»  of  the  king,  my  lldk 
I  should  not  press  it ;  hut  it  is  all  their  iiMi^ 
that  MO  notorious  a  malvtiu'tor  that  hath  eil» 
tainly  been  guilty  of  ti*eason  in  the  higkMldi 
gree;  and  that  ior  the  utmost  advanceoMHld 
tlse  late  Popish  I^ot,  should  not  escape,  ar  At 
tnith  be  stilled,  but  brought  into  exasoHMlilft 
,  ...  ^         in  ibe  face  of  the  sun,  that  all  men  nay  ^ 

tlcmau  should  esca|M:  (which  arguments  in    what  a  viUaittoua  thing  hath  been  attemptoi  t» 


and  moved  for  judgment :  No,  said  the  court, 
here  is  an  a|»peal  brought,  and  thev-  could  not 
go  to  judgment  till  tliat  appeal  was  determined. 
So  the  sut.  of  3  Hen.  7,  cap.  1.  and  Vaux's 
Case,  4  lieport,  fol.  39.  An  appeal  of  murder 
the  party  convicted  before  jud^nent,  the  peti- 
tioner in  the  appeal  did  die.  Then  an  indict- 
ment brou^t,  and  this  conviction  pleaded  in 
bar  of  tliat  indictment,  and  adjudged  to  be  a 
good  plea  ;  but  then  there  >vas  a  fault  found  in 
the  appeal,  upon  which  the  conviction  on  the 
appeal  was  void  in  law,  and  they  went  on  upon 
the  indictment.  This  is  to  shew,  that  if  this  be' 
of  the  nature  of  an  appeal,  then  ought  this  suit 
first  to  have  it'n  coui-sc  and  determination, 
hefore  your  lurdship  proceed  on  this  indict- 
ment. 

But,  my  lord,  whether  it  be  of  this  nature 
or  no,  is  a  matter  we  know  were  under  great 
controversy ;  and  whether  your  lordship  Hill 
interpose  in  that  great  question,  or  whetlier  it 
comes  in  judgment  under  this  question,  you 
will  do  well  to  consider :  For  it  is  a  matter  of 
parliament,  and  deter uiioahlc  among  tliem- 
selves,  not  in  the  courts  below,  nor  have  ever 
inferior  courts  taken  upon  them  to  meddle  with 
the  actions  of  the  superior  courts,  but  leave 
them  to  proceed  according  to  their  laws :  And 
if  that  be  done  in  any  case,  there  will  lie  as 
much  reganl  had  in  this  great  cause  to  the 
court  of  parliani(:-iYt  as  in  Dtliers. 

Resides  the  authorities  cited  out  by  lord 
C'oke  and  others,  1  would  cite  oiic  more,  and 
that  is  C-otton's  Ueeonls,  5  H.  4,  fol.  426,  the 
earl  of  Northuir.herlaiHrs  Case.  He  comes 
and  confesses  himself  to  bi;(;iiilty  of  an  offence 
against  his  nlieiriance,  thn  Icmj^  delivered  his 
petition  to  the  justices,  and  would  have  them 
to  consider  of  it ;  no,  said  the  j)arlianient,  it  is 
matter  of  pariiament,  and  the  judges  ha\e  no- 
tliing  to  do  with  il :  the  l^rds  indce  a  protes- 
tation to  this  purpose,  and  tlicn  tht-y  went  on 
themselves,  and  a(ijud<red  it  to  he  no  trea5f)n. 
There  is  only  that  one  record  more  which  has 
been  often  cued,  and  that  is,  Rot.  Parliamenti, 
11  U.  3,  pars  1,  n.  6,  in  this  parliament  the 
LonU  spiriniai  a: id  temporal  cluimeil  the  same 
privilrg,*.  My  lord,  I  only  o.Ter  these  things, 
witli  what  my  lord  (>»L;  ia^  s  hath  been  lor- 
inerly  thoii<;f!it  proilintn;  in  tfic  judges  to  do. — 
So  that  I  hopt",  that  if  the  matter  be  good,  the 
fonn  is  as  ttroo:!  as  the  malier  <>an  be  put  into, 
and  therefore  wc  ho])C  vou  will  allow  us  the 
benefit  of  it. 

Attorney  General,  May  it  please  your  lonl- 
•ihip,  I  am  (»f  eoimsel  in  tfiis  cdf^^  for  the  kiny^, 
and  notwithsiHMding  what  hath  been  said,  I 
take  it,  with  sahmission,  that  Uiis  plua  is  a 
nant^'.ity  pha,  as  a  plea  to  vonr jurLsdiction, 
an  I  I  here  is  no  matter  distlosed  therein  that 
we  can  take  a  gmnl  issue  niion. 

The  y:i»a:  Mil),t.iiic«?  of  the  ai^ument9  of 
tlicse  gentlemen  uvsij^nwl  of  r^ounxej  for  the 
prisoner,  is  a^Minsi  the  prisoner.  For  the  gwat 
matter  of  their  arguments  was,  lest  this  gen- 


STATE  TRIALS,  33  Charles  IL  iGSL-^Edward  Fitzharrit.  [314 


f  the  whole  Lingndom  againiit  the  king : 
y  aiy,  if  ii  be  not  law,  you  will  not  pro- 
t  ties  your  haodi.  But,  with  subuiia- 
ey  hare  not  given  you  one  iiutiuice  to 
tHMl  what  they  say>  Maiiy  ihings  Lave 
lai  a  pka  depending  in  a  supcrriur  eoyrt 
lable  to  the  jurimction  ol'  au  inferior 
tor,  way  kmj,  that  is  it  we  put  upon 
I  shew :  it* it  had  been  pleaded  in  abate- 
(  woukl  ha%e  had  its  wdght,  and  iieen 
red  of,  as  in  Sparry  *8  Cane,  where  it  wu 
to  the  jurisdietioB. 

be  case  it  had  been  a  good  inipeach- 
nd  he  had  been  arraigned  upon  it  and 
d ;  it*  he  had  afterwards  conic  to  be  in- 
n  this  court,  and  Uie  prisoner  will  not 
■B  in  bar  but  to  the  jurisdiction  of  the 
ft  would  not  have,  been  a  good  plea ; 
bad  lost  his  advantage  by  mispleading, 
an  arraignment,  and  an  acquittal,  or 
thereupon,  is  not  a  good  plea  to  the 
1;  then  certainly  an  impracbment 
mg  ODgly  cannot  be  a  good  plea  to  the 
Thia 


his  court  hath  a  full  jurisdiction 
and  of  this  person,  butli  of  the 
lad  of  the  party,  who  is  a  cf)ninioner ; 
I  only  to  find  the  indictment,  but  to  pro- 
> jnsticfs ;  and  tliis\ ou  had  at  the  time 
set  omimitted.  F'or  certainly,  ^  e  ni-cd 
t  castt  for  to  piuve  that  tfif>  King's- 
cspccially  since  the  statute  for  trying 

beyond  the  seas,  hath  uu  universal 
tisn'of  all  persons  and  oifences.  Pray 
bai  is  it  that  niUHt  out  this  court  of  thuir 
tkai  ?  For  all  the  cases  that  have  been, 
be  put  about  matters  which  are  iMit  ori- 

cxaminable  in  this  court,  make  not  to 
ttcr  in  question :  there,  it  is  true,  the 
any  he  by  plea  outed  uf  its  jurisdiction  ; 
iHnon  law,  where  a  fact  is  diuie  *  super 
I  Bare,'  and  so  plea«ied,  that  )Mits  it  out 

court's  jurisditrtion  ;  and  that  ivas  uiy 
sttis's  and  sir  J.  KUiot's  Case,*  and  sti 

■  my  lord  Shaftesbury's  Case f-  too,  the 

■  done  out  of  their  jurisdiction,  and  that 
•  pleaded  to  tlie  jurisdiction,  Ucaus-e 
id  no  original  jurisdiction  of  the  fact ; 
Ott  the  crime  and  the  person  were  ab- 
r  withiv  the  jurisdiction  of  the  t*ourt, 
sooort  may  originally  take  cognizance 
i  this  court  hail  of  the  present  c^ase,  I 
bin  know  what  can  out  that  jurisdi<-tion 
■I  an  act  uf  iKirharoent:  I  will  be  bold 
iho  long  hy  his  great-seal  cannot  do  it ; 
I  Mi  act  of  either  House,  or  both  Houses 
ir  without  tiie  king,  out  the  jurisihetion. 
r«  Ihoir  proceedings  ought  to  be  a  bar, 

aastlMr  case,  the  party  hath  his  ad- 
%  aad  Biay  pk^  it  m  abatement  or  bar, 
an  veqnues:  for  if  there  had  been  an 
ri  OT  eoBvictioii,  the  party  coidd  not 
Itothejuriadictkin.  Therefore  for  those 
km  Mftt  when  you  come  to  examine  the 
Nb  nm,  yon  see  how  they  stand,  viz. 


Si* 


S,  p.  S90,  of  this  CoUection. 
6y  p.  1270,  of  this  CoUection. 


that  the  court  had  no  origiiud  ^urisdit  uoo. 
.Viy  lord  isUuiftsbuiy  was  commiLteii  by  the 
Lords  for  a  crijiie  iu  ttiat  Kousc  ;  ^  a  conieuiiit 
to  that  House,  Im:  is  biuuglii  h%re,  aud  li  appears 
to  be  a  coinmUuieut  iu  i:.\euutiun.  My  ioid, 
that  was  out  of  )  our*  jurlMictiou  ;  aud  il  you 
had  bailed  him,  what  would  you  have  tkiue? 
woukl  <kou  have  bailed  hiuk  iJite  tried  lieic? 
No,  yoii  coidd  not  fK)  it,  aud  therefore  y^.u  pru- 
ceedeil  not  iu  that  cA^i:.  And  so  iu  th«:  tituer 
cases:  for  there  is  not  oueoftlieir  cases  mat 
have  been  cited  of  ihe  uLhci*  side,  but  \>  here  it 
was  out  of  the  jurisdiction  of  thecoun  ori«,iivdly, 
and  not  at  ail  nilluu  it.  As  for  the  ca»u  oi  tlie 
five  Lords  iu  the  Tower,  becau^  tlie^  say  it 
will  Imve  a  uiighty  mduence  upou  tbeui,  aud 
they  put  the  case,  that  there  was  iu  l/eciembiT 
an  muicuuent,  and  aflenvards  au  uuiK^Ui  hment 
fn>m  the  Couuuous  ;  and  they  cite  suuic  opi- 
nion, given  at  the  Council-board,  wiuch  I  hi»|ie 
tliese  gentlemei)  will  not  say  was  a  judicial  opi- 
uion,  or  any  way  attects  this  cause :  hut  lor 
tliai,  my  loi-d,  I  observe,  the  Lords  took  care 
that  these  indictments  should  be  ail  removed 
into  the  Lords*  llou>e  ;  so  tliey  did  Ibrssee  that 
the  king  might  ha\e  [)n»cede<l  upon  the  indict- 
ments, it  ihey  had  nut  been  remo\ed  ihithcr. 
But  our  case  now  is  quite  another  thing :  lor 
tliose  Lonis  Here  not  tiiUy  Mithiu  yourjuruMiic- 
tion.  Vou  cannot  try  a  peer  ot  tlie  realm  tor 
treason  ;  and  besides,  the  Lui-ds  have  pleaded 
in  tiill  parliament,  where,  by  the  law  ot  par- 
liament, all  the  peers  are  to  be  their  judges  ; 
and  so  you  cannot  out  tbeui  of  that  riglit.  And 
the  reason  is  plain,  liecause  thereby  you  must 
do  them  an  appaiiMit  prejudice  ;they  have  plead- 
ed there,  all  the  \\  hole  pct'i  iige  are  their  triers. 
But  ujion  trial  brture  conniiis>ioners,  tlKy  must 
have  but  a  select  iiunilier  ot  pe^rs  :u  be  their 
triers.  But  in  uoiii'  of  those  cases  hath  any 
judicial  opinion  been  givc-n  .  t'l/r  the  lasc  ol  il 
H.  2.  first  cited  by  sir  Fran.  Winiiington,  and 
then  by  Mr.  I'ollexlen,  a  declaration  in  parUa- 
luciit,  That  they  proceetled  according  to  the 
law  of  parliament,  and  not  acoor<iii*.g  to  the 
common  law,  nor  acconling  to  the  practice  of 
inferior  courts ;  and  thatwdl  be  nothing  to  oiv 
purpose  at  all,  that  was  in  case  of  tlK>  liorda 
appellants.  A  proceeding  contrary  to  Magna 
Chaila,  cmitrary  to  the  Statute  ot  Iluw.  3.  aud 
the  kuown  privil«^i>  of  the  suliject.  But  those 
proceedings  hail  a  countenaiic-e  in  |)ariiiuu(>nt ; 
lor  tlH-re  was  an  tiath  takm  by  all  the  Lords  in 
parliaiiieut,  that  they  would  stand  hy  the  Lortis 
ap|iellanLs.  And  thereuiMiu  tlu'v  would  be  con* 
troiiled  hy  iioiu>,  anil  they  woiil!l  not  l)e  advised 
by  tlic  judges,  but  proceifd  to  tlie  trying  of  peera 
and  (Mjnimoners  according  to  their  own  will  aud 
pleasure.  And  between  that  time  of  1 1  K.  9. 
and  1  }L  4.  see  what  hav<ick  they  made  by 
those  illegal  pM(*i>cdingB  ;  and  in  1  II.  4.  you 
wUl  see,  that  tlieso  very  lords  were  sentem^, 
except  one  or  two  of  them  who  were  patdoued  ; 
aud  then  it  was  expressly  resoUitl  by  act  ot' 
lorliament,  that  n<»  more  ai>peala  of  that  nature, 
nor  any  ap[ieals  wliatsoever,  shoidd  be  any  mcHie 
in  psrharaent.    And  if  so,  theee  gentleman  hid 


315]         StAT£  TRIALS,  33  Chahles  If.  ibSl.^Proceedingi  ag^mU 


best  consider  how  they  make  an  impeachment 
Kke  an  appeal :  for  in  that  statute,  it  is  said,  there 
shall  be  no  more  appeals.  And  the  petition  upon 
which  thb  act  is  founded,  rons  thus :  they  pray 
that  no  impeachment  or  appeal  ir  ay  be  in  pimia- 
ment.  But  when  the  king  came  to  make  the 
grant,  he  grants  only  for  appeals,  and  principally 
to  out  those  Lords  appellants  who  were  condemn- 
ed by  that  very  jiarliament.  So  that  it  is  very 
pretty  matter  at  this  time  of  day  to  like  an  im- 
IKsacfunent  to  an  aupcal. 

But,  my  lord,  the  other  great  point  is  this. 
There  is  nothing  at  all  certainly  disclosed  to 
you  by  this  plea ;  therefore  there  is  nothing 
confewed  by  us,  only  the  fact  that  is  well  plead- 
ed :  therefore  I  shall  come  to  consider  what  is 
said  by  them ,  as  to  the  form  of  it.  They  say,  my 
lord,  that  tlicy  have  pleaded  it  to  be  *  secun- 
dum legem  et  consuetudincm   parliamenti  ;* 
and  if  that  be  sufficient,  let  them  have  said  what 
they  w  ould,  thut  would  hnve  healed  all.     But 
1  8a\ ,  my  lord,  with  submission,  they  must 
disci' ise  to  you  what  is  the  law  and  custom  of 
parliament  in  such  case,  or  else  you  must  take 
It  u[K>n  you  upon  your  own  knowledge,  or  you 
cafinot  give  judi^tuent.     It  is  ?ery  well  known 
wliht  this  *  Lex  et  consuetude  i>arliamenti*  is ; 
no  porson  versed  in  the  records,  but  knows  it, 
that  by  course  of  purlianient  a  message  goes  up 
with  a  declaration  to  inijieai'li  the  party  gene- 
rally ;  and  then  after  there  are  ai-ticles  or  a 
billot'  impeachment  produced.     Now  till  that 
be  produced,  surv  there  is  no  counsel  of  the 
other  side  will  say,  thut  ever  the  (Kirty  can  be 
called  tu  answer.  And  l>ccause  these  gentlemen 
do  jirHond  to  ui^fe  their  knowlwlge  herein,  I 
would  observe  tliei-e  are  three  tbinprs  to  be  con- 
siden^d  of  the  parliuiucnt ;  the  logiKlativ«^  part, 
the  uiattei-s  of  privilcg**,  and  the  judicial   part 
proper  to  this  case.     For  pie  legislative  pari, 
and  matters  of  privilet^e,  both   Houses  do  pro- 
ceed (»nly  '  secundum  legem   et  cnnsuetudinem 
jiarhanienti ;'    but  for  the  judicial  part,  does 
^y  mau  question,  but  that  in  all  times,  they 
have  been  ^^iiided  and  directed  by   the  statutes 
aiul  lawii  of  the  laud  1*  And  have  lieen  outed  of 
a  jurisiiiction  in  !>everal  rases,  as  by  the  statute 
of  k  ImIw.  S.  and  1  H.  i.   And  the  Lords  in  all 
writs  of  error,  and  all  matters  of  judgment, 
proceed  *  Si^cuudum  h^cm  tcme  ;'  and  so  for 
life  and  death.      And  there  is  not  one  law  in 
Westminster-  Hall,  as  to  aiatters  of  judgment, 
and  another  in  the  court  of  the  l^onls  above. 
But  I  will  not  trotilde  your  lonlship  any  further 
to  pursue  these  things.     Hut  it  is  not  suffici- 
ently disclosed  to  you,  that  there  is  any  such 
thing  as  an  impeai'hnu'nt  depending  *  there ; 
it  is  only  aUedge<l,  that  he  wa*;  impeached,  and 
so  nuirn  the  uews-lHN>k  t(dd  us,  that  he   was 
imi>cachi*d  :  but  to  infer  from  thence  that  there 
was  an  impeachment  carricHl  up  and  lodged  for 
the  same    High  Treason,  is  no  consequence. 
And  then  it  is  aUedge<l,  *  Quur  quidem  im]K;titin,' 
when  no  iniiieachinent  is  l>efoi*e  set  forth,  but 
only  tliat  he  was  imi>eached  generally.     And 
as  1  observed  befon?,  a  person  might  go  up  with 
■  message  to  impeach,  but  thai  cannot  be  said 


to  be  an  impeachment  to  which  the  p 
compelled  to  answer ;  it  must  be  an  im 
ment  on  record,  and  appearing  on  the 
the  record  for  what  cnrae  it  is ;  and  i 
ought  to  have  set  it  forth. 

^ow  that  thb  is  too  general  that  is  al 

here,  I  X^keii  die  book*  axe  very  fall. 

a  record  is  pleaded  in  bar  or  in  abatemc 

crimes  ought  to  be  set  oat  to  apoear  the 

and  so,  my  lord,  are  all  the  preoeoentB  of  > 

Entries,  63,  Holdcrott's  aim  Buigh*8  cai 

Watt*s  and  Braves  case  in  41  and  4S  of 

Eliz.    Coke's  £nt.  59.     Wrott's  and  \ 

case,  4  Rep.  45,  and  in  Lewes  and  Scfaoh 

case,  and  Dive's  and  Manning's  case.   1 

cord  must  be  set  out,  that  the  court  maj 

upon  it  r  and  the  record  must  not  be  tn> 

pttit^  but  by  itself.      But  for  what  the; 

plead  it  never  so  certainly,  there  must 

averment,  it  must  be  so  it  is  true ;   but 

for  another  purpose  tlian  they  uroe  it 

reason  is,  because  if  it  be  for  another  fa 

he  hath  committed,  he  may  be  indicted 

though  it  be  of  the  same  nature ;    but  w 

of  the  same  nature,  or  not  of  the  same  i 

is  the  thing  must  appear  upon  the 

pleaded,  because  the  court  mustbeasceri 

tliat  it  was  sufficient  for  the  party  to  ans 

it ;  for  if  it  were  insufficient,  he  niay  be 

proceeded  against :    As  if  an  indictm< 

pleaded    which  was  insufficient,  thong 

paKv  pleads  an  acquittal  or  conviction  u] 

It  will  not  avail  him ;  for  the  court  will  pi 

on  the  other  indictment.    And  so  is  the  r 

tion  in  V'aux's   case,  and  in  Wigg's 

though  there  was  a  judgment  given  of  a 

tal,  yet  he  uns  tried  again.     So  that,  m; 

that  is  Oil';  great  reason  why  it  must  a 

that  tho  court  may  judge  whetlier  it  be 

oient  lor  the  party  to  answer.      And  yoi 

now  that  here  before  you  ;    if  this  be  sii 

impeachment  as  they  have  pleaded  it,  i 

pei'son  could  not  answer  to  by  any  law  oi 

Uameut  or  other  court ;  then  it  is  not  suf 

t(»  out  you  of  your  jurisdiction.  And  I  do 

tlia^by  no  law  they  are,  or  can  be  compi 

to  answer  to  a  giMieral  impeachment  of 

treason.     And  to  give  you  authority  in 

there  are  many  might  be  cited,  as  the  ca 

my  lord  Stafford,  and  the  other  Lords  i 

Tower,  and  so  is  tht;  ancient  course  of  p 

mcnt:    viith  submission,  I  will  be  bold  t< 

the  impeachments  are  all  so,  that  ever 

with.      And  it  appears  by  them,  that  tb 

conclude  *  contra  coronam  et  dignitatem  r 

in  the  form  of  indictments,  laying  some 

acts  and  the  special  particular  crimes  for  v 

the  person  is  imi>eached,  as  overt  acrts  for 

son  re^piired  by  the  statute  of  25  Edw.  3. 

I  hope  they  will  not  say,  that  without  an 

act  laid  in  the  im|»eachment,  the  irapeadi 

can  be  gooil.     If  then  this  be  so  general  t 

cannot  make  the  crime  appear  to  Uie  court 

is  so  insufficient,  tliat  the  court  cannot 

judgment,  1  take  it  you  will  go  on  upon  tl 

dictuHiit,  wliich  chargeth  hioi  with  a  pai 

lar  crime. 


STATE  TRIALS,  3:5  Charles  II.  iGSL-^Edward  ntzharris. 


[3U 


My  Ifiitl,  Mr.  Pollcxfen  does  put  the  case  of 
bvretry  ^Uere  such  aTcrtnent  is  allowable; 
bat  that  is  a  special,  certaiu,  and  particular 
crime,  but  high  treason  is  not  so ;  there  are 
abundance  of  special  sorts  of  high  treason,  there 
is  bat  one  sort  of  faarretry,  and  there  are  no  sub- 
divisions ;  therefore  there  is  nothing  to  be 
iferred  but  the  special  fact  that  makes  that 
barretry. 

Then  there  v»&i  another  anthoritv  out  of  the 
bnak  of  as^zes  cited  by  sir  Fran.  Winnington, 
ni  givatly  relied  upon.    A  man  is  indicted  for 
i%e  miinler  of  J.  8.  and  aflerwards  for  the  mur- 
dfr  of  J.  N.  the  former  was  pleaded  to  the  se- 
cond, with  an  arerment  that  it  is  the  same  per- 
aea;  that  i^  but  according  to  the  common 
Isnn  of  arerments,  to  be  of  matter  of  fact.  For 
if  J.  8.  was  known,  as  well  by  the  name  of  J. 
N.  as  of  J.  S.  the  indictment  was  for  the  mur- 
der of  the  same  person,  and  there  it  is  pnre  fact 
■fcfred.    But  where  it  is  essential,  as  this  case 
iiftbit  the  |iarticular  treason  do  appear ;  to  say, 
ttat  it  is  the  same  particular  treason,  and  to 
ajy  ftal  matter  oi'  fact  averred  shall  enlarge  a 
noMd,  I  think,  is  impossible  to  be  found  any 
vhfie.     And  of  all  the  cases  that  I  have  seen 


or  beard,  I  confess  none  of  the  instances  comes 
li  to  it:  lor  the  case  in  Moor,  King  and 
nowinl,  cited  by  sir  Francis  Winnington,  that 
B  an  andiority  as  expressly  against  nim,  that 
■othing  can  tie  more :  for  if  there  be  an  indict- 
MHt  lor  felony  in  such  a  particular  act,  and 
iba  he  is  indicted  again,  he  cannot  come  and 
fW  a  jieoeial  indictment  of  felony,  and  then 
m  it  a  for  the  particular  felony,  and  so  to 
■Ae  the  ftct  enlarge  the  record,  and  put  mat- 
kr  ft  lerord  to  be  tried  by  a  jury. 

Mr.  If  aflop  was  of  opinion,  that  upon  this 
*uim  the  jury  may  try  the  fact.  What  a 
pfijr  CHe  woiild  it  be,  tliat  a  jury  should 
the  whole  debates  of  the  Ifoiise  of 
whether  it  be  the  same  matter  or 
Ibr  those  debates  must  be  given  iu  evi- 
B,  if  such  an  issue  be  tried.  I  did  demur 
•iA  aB  the  care  that  T  could,  to  bring  nothing 
if  Ibit  in  question ;  but  your  lordship  knows  if 
ftqr  hsTe  erer  so  much  in  particular  against  a 
■iB,  when  tliey  come  to  make  ^ku\  their  im- 
pafhiBfpt,  tliKv  must  ascertain  it  to  a  particu- 
kr  crime ;  and' the  orcrt  arts  must  be  alleds^Hl 
■  the  impeachment,  or  else  then*  is  anotlior 
^jq  to  bana  a  auUect  than  what  is  the  kinpf's 
highway  ut  over  England.  And  admit  there* 
via  an  mtiroatioii  of  a  purpose  to  im|i€neh,  a 
sent  up,  and  any  judgment  given 
pray  consider  what  may  be  the 
e  as  to  the  government;  a  ver}' 
natter  depends  o|ion  tliis :  if  there  be 
9ff  leoord  of  that  parliament,  thni  is  the 
"^  gone :  for  so  is  tlie  resolution  in  12 

ere  tlic  journal-book  was  full  of  pro- 
gs ;  yet  because  there  was  no  judg- 
ttai  passed,  nor  no  record  of  a  judgioeiit 
iia  writ  of  error,  they  adjudged  it  no  session  ; 
Im  If  any  judgment  hail  been  given,  then  it 
M  keen'ouierwiae.  8o  that  the  consequences 
^nkcse  thing*  are  not  easily  seen,  when  men 
upon  touchy  matters. 


But  that  which  is  iM-fore  your  lordship  is 
this  point  upon  the  pleading,  and  I  conceive  I 
have  ans\«cred  all  the  precedents  they  have 
cited  ;  therefore,  luy  lord,  I  take  it,  with  sub- 
mission, there  is  nothing  of  that  matter  before 
you  concernmg  an  impeaclmient  depending  be- 
fore the  pailianiciit ;  but  whatsoever  was  done, 
it  is  so  imperiectly  pleaded,  that  this  court  can- 
not take  any  notiin;  of  it. 

3Ir.  Solicitor  (Jeneruf.  i\l  v  lohl,  I  shall  en- 
deavoui-  to  be  short,  and  shall  confine  myself 
(because  I  am  tender  of  3'our  time)  to  the  i>oiiit 
in  question  ;  which  is,  whether  this  plea  be 
sufficient  in  point  of  form  '.'  There  ha\f  been 
many  things  said  on  the  other  side,  which  I 
must  crave  leave  to  take  notice  of,  ^o  lUr  only 
as  to  shew  they  are  not  iu  question  before  you. 
Those  are  what  relate  to  the  inatti-r  of  tlie  plea  ; 
for  they  argue  it  is  gootl  both  in  matter  and 
fonn  :  and  I'roin  the  matter  of  the  plea  they 
have  taken  occasion  to  debate,  u  liether  a  coni- 
monei*  may  be  imiieached  ?  Whether  this  Court 
hath  power  to  judge  of  the  pri\  ilegcs  and 
course  of  jiarliumcnt  ?  None  of  m  hich  ques- 
tions will  arise  iiiM)n  our  case  now.  Therefore 
I  will  not  now  debate,  whether  Magna  CMiarta, 
that  hath  ordaine<l  that  every  man  shall  be 
tried  by  his  1'(*ers,  and  the  statute  of  4  I^hv.  8. 
whicirsays.  That  the  Lonls  shall  not  be  (H>in- 
pelled,  nor  shall  have  power  to  give  judgment 
upon  a  commoner,  have  sufhciently  secured  tlie 
liberty  of  the  subject  from  im|)eachments. 
Nor  IS  it  the  question  before  your  lonlship, 
whetlier  you  shall  judge  of  any  matter  that  is  a 
right  or  privilege  of  parliament ;  here  is  no- 
thing beforp  you  tliat  was  done  in  |NirIiament ; 
but  this  is  an*indictiuent  for  high -treason,  com- 
mitted by  Fitzharris  in  this  comity.  Now,  my 
lord,  as  that  is  n<it  the  question,  neitlier  will  it 
be  the  question,  whether  an  imiieachnieiit  de- 
pending in  the  House  ot'  I^irds  against  a  com- 
moner, by  the  Houho  of  Commons,  will  bar 
this  Court  of  juris<liction  ?  For  though  they 
have  entered  upon  it,  and  dcliatetl  it  at  large, 
and  seemefl  to  obviate  the  objections  made  to 
that  if  it  liad  bc;en  a  question;  as  by  saying 
that  the  king  hath  no  election,  because  this  is 
not  the  suit  of  thf^  king,  but  the  suit  of  the  sub- 
ject :  1  will  not  now  ex  inxfituto  argue  that 
point  ;  but  1  will  humbly  otfer  a  few  thiuKS  to 
your  lordship's  considtMiitioii,  autl  I  shall  take 
my  hints  from  them.  They  say,  the  House  of 
Commons  are  tlie  grand  iuqut'st  of  the  nation, 
to  enquire  of  treasons  and  other  high  crimes, 
and  they  make  these  presentments  to  the  House 
ofLowiM.  Now  when  such  a  prescntmciAt  is 
made,  it  is  worthy  consideration,  whetlier  it  be 
not  a  preseittnient  for  the  king  ;  for  an  im- 
peachment does  itot  conclude  as  an  appeal 
does,  but  *•  contra  ligeautiie  suse  debitum,  ei 
^  coronam  et  dignitatem  domini  regis  ;*  so 
far  it  is  the  king's  suit.  In  an  imi>eachment 
the  witnesses  for  the  prisoner  are  not  sworn, 
the  prisoner  hath  not  counsel  for  his  lite  in 
matter  of  fact,  us  in  cases  of  ap|K:al,  at  the 
suit  of  the  subject,  he  hatli.  The  kiug  may 
pardon  part  of  the  kcntepce,  it  was  dona  so  ia 


319]  STATE  TIUALS,  33  Charlus  11.  l6Bl.^Proeeeding8  again$i  [32< 


Rich,  the  end's  time,  and  it  was  done  so  lately 

in  my  lord  Stafibrd's  case ;  but  take  it  tor  a 

supposition  that  it  is  the  suit  of  the  people, 

yet  tliat  cannot  preclude  the  kinff  from  liis  suit 

neither  ;  tor  ut  common  law  betore  the  statute 

of  3  Ilcn.  7,  where  a  man  had  an  appeal  for 

murder,  the  kin<;  had  not  his  bauds  tied  up, 

not  to  proceed  upon  the  indictment :  it  had 

bi^n  used  so,  I  do  agree,  and  so  it  is  recited, 

that   it  had  been   used  so,  in  the  statute  of 

3  Hen.  7,  but  there  was  no  positive  law  for  it, 

nor  could  it  have  been  plcailed  in  bar  or  an  in- 
dictment, that  the  indictment  was  within  the 

year,  but  the  kincf  used  to  stay  out  the  year  in 

tkvour  of  that  suit.     But  since  the  statute,  the 

use  is  otherwise  ;  and  the  rf>ason  why  they 

jproceed  immcnliately  is,   l)ecause  now  'an  ac*- 

qnittal  or  an  attainder  u|>on  the  indictment  is 

no  Iwr  to  the  appeal,  but  the  party  may  (ro  on 

in  his  appeal.     I  mention  this,  bt^cause  the 

consequence  wliich  they  ui^e  as  surii  a  dismal 

one,  will   be  nothinur ;  which  is,  what  if  hv. 

•hould  be  acquitted  hei'e,  he  could  not  plead 

*  autcr  foite  acquit,'  so  would  be  twice  broujCfht 

in  jeopardy  for  the  same  ftflenw.     For  it  is  the 

flame  in  all  cases  of  ap|Knds,  a  man  comes  in 

jeopardj'  twice  if  lie  be  indicted  within  the 

\t«r,  and  attainted  or  arquittetl  within  the  y<^««r» 

it  is  no  bar  to  tlie  appeal.     Hut  tliis  is  not  hke 

the  case  of  an  apijcal  for  minder  neither  ;  for 

thoiuv-h  it  hath  been  used  discretionaily  in  the 

4'onrt  to  stay  tlio  suit  of  the  kinp,  and  to  pi-efer 

the  suit  of  ti»e  snhjV'ct,  it  was  then  lHx*aus<*  the  j 

subject  hail  the- Hj'st  and  nearest,  roreem.   .is  }  "uiflit  ni»l  tohatc  jrivenjudjfi^entfbr 

the  son  in  the  daith  of  his  father,   and  it   did  ;  tiff',  iiy  n-ason  the  indictment  was  sufficient, 

mostly  concern  liini  to  prose  cxur  it.     Tlu*  kint;  |  it  uns  pK  ;idcd.  in  that  it  did  not  say  that  Sfacp 

is  concerned  a*;  tin*  fiutiitain  of  Jn^iico  onl\,  to  j  perton  \uis  within   the  veri«^e,  which  was  n^ 

brini;-  otTonders  to  cnndip^n  pirl^linicnt  ;*  Imt  i  ocssnrv  l«»  entitle  the  coroner  of  the  verge  to  i 

the  nearest  damai.n>.  and  the  first  t*>  In    pre-  j  jiii*i»dirtiun,  iNM'ause  )>eing  pleaded  with  le* 

ferrcH),  was  that  of  tlio  ]ia'iiy  \^tio  ha«i  i.ist  his  j  lircnce  to  the   ix'cord  upon   Nul  tiel  recod 

relation.     Now  the  ror.son  of  that  turns  qniti*  -  pleadetl,  :Mnl  ihe  iv'corfl  thereu|ioii  brought  ii, 

contrary  he«' :  for  as  in  that  rnsc  l^e  snbjivi  i  that  deir«.t  uiimht  liave  been  cured. 

had  the  near*  Nt  iniiuM  ni  iu  the  lo*s  of  hi^  f;ith('r,  !      'Z.  'i'hui  no  avt  ruicnt  of  iact  can  supply  tlMl 

and  so  was  b.^  intitlf".!  tn  tlir  suit  ;  bO  in  this  j  ^viiich  should  apiM^arupon  re<x>rd,  tlie.rctorethi 

case  that  x<m'v  n  isoti  ui:!  have  the  kingf\  suit  !  aveiinent  that  Slicpperton  wa.*^  witJiiu  tiie Tem 

to  be  prefcriX'd  :  lor  tht-iv  is  no   treasiui   hut     did  not  mend  the  mutter,  though  coiifessod by 

ogtiijist  the  kin^,  and  in  treason  against  hini<;clf,     the  deunirrer  as  much  as  it  is  iu  thisi  case,  thit 

the  kinc"  has  the  nearest   conv.'crn,  and  th<>     it  is  the  same  treason. 

wroni?  IS  primarily  und  oriirinaUy  to  hiiiiscif.         liut  they  say,  th-.M*o  is  a  difleiTncc  betwea 

And  tiie  subjeins  dimia^e  is  hui  u*coii««ec[uen<*c     this  case  ai;d  tfioso  which  1  have  put ;  fortkl 

of  that,  as  all  liuit  to   the  kiii<*   must  ni'cds  '  it  is  the  etvurse  of  parliament  (of  uhicb  yoor 

hurt  the  people.  So  tlie  kin(r*s  suit  is  to  he  j  lorilsl;i|ismnst  takv*  notice),  toimprnichs;eneral; 
preferred  here,  as  tliesutijicts  wd>  in  the  otlier  ;  so  thev  coiild  uot  hive  pleaih-d  ot!  ;*wisetfalB 
oase.  !  the\   have  don<«,  rinl<'ss  tiu*y   luul  pie&dedit 

Now  forthf  objictiou  that  bar  been   made ,  f  otherwise  than   tiie  cases   v*cre:    this  re — 
That  if  yoi»  try  thUina:i,  U)xinthe<aniur(nis<m  ■  iiolds  rather  tli:*  other  .ray  ;  for  if  in  any 

Tin ir  j  such  a  pnerul  \v;.v  ut  pl«u!in£r  with 

ere  ■ 
knoni 


liament  (for  so  it  was  in  fact)  that  no  pro6e< 
cutioD  might  be  upon  them ;  then  certainly 
thev  thought  the  King^s  Court  might  procn^ 
without  doinff  so. 

My  lord,  f  will  mention  no  more  upon  thii 
matter,  but  leave  it  to  yom  lordship's  ooa- 
sideratiou :  but  as  to  the  rorm  of  the  plea,  I  dc 
conceive,  with  submission,  it  is  not  a  fonnsi 
plea. 

\Vc  know  here  of  no  form  of  pleading  an  io' 
dictment,  but  what  does  set  fbith  the  indict 
ment  particuhir ;  the  precedents  are  so,  h  Is  m 
in  Vaiux's  case,  and  ail  the  precedents  that  I 
have  seen  :  so  is  the  precedent  in  Bast.  Ent 
where  in  an  appeal  die  defendant  waged  battle; 
the  plaintiff  replies  he  Wtis  fonnerlv  indaded, 
he  sets  forth  the  indictment  tiarticulurly.  Al 
the  precedents  are  so,  and  the  law-books  ri^ 
solve  it  must  be  so  ;  as  Wrott  and  Wttg^ 
case,  M'herc  the  defendant  in  an  appeu  d 
murder  by  the  wife  pleads,  that  he  was  in* 
dieted  for*niunslaughter  before  thectnroiiR  d 
the  f  ei*g«,  and  coroner  of  the  county,  for  kiHiig 
the  husliaud  at  Slieppcrton,  in  the  county « 
iViiddlesex,  and  had  his  <:lergf^'  with  i^etrenosti 
the  rcconi,  aud  the  usual  averments ;  with  thit 
fartlier,  that  he  averred  that  Shepperton  at  Aa 
time  of  the  indictnuHit  aud  death  was  witbia 
the  verc^e.  To  which  the  plaintiff  demimad^ 
und  jurl^ment  for  the  plaintiff.  Kow  tut 
thiui^  are  resolved  by  this  judpnent. 

1 .  Tliiit  it  Ls  neeessaiT  to  set  forth  the  whife 
record  of  tlie  indietmenr.  or  otherwise  tiMJ 


you  may  try  the  l^nls  in  the-  Tuwer. 

case  is ififlcfcnt,  as  hath  Urn  j  Iresuly  ol»sei-ve<l  '  to  the  record  wore  to  h.»  admitted,   it   w 

by  Mr.  Attornf\\  ;  r^nd  thai  which   h.is  luH^n  .  case  of  an  indiriinent.  because  the  Court 


done  by  the  J-ovds  iu  iImI  case,  to  me  u»»ts 


ihere  is  i>:>  inilict.nent  but  what  do»  pailjcih 

li  when  produced, 
but    here  if  tki 


rather  seem  to  imply,  thni  tin**  trial  ni.iy  l»e  in  larly  s<  i  t'orili  the  I'eloo},  which  w 

this  case.     I^n- if  liie  l.otos  after  an  ini{NL(-h-  is  iraj>uhle  of  hoiniy  ajrplieil  :  but 

meat  brouc^ht  up  agaiuist  thf  fi\t-.  1-ionU  in  tlie  i  rtnxird  In*  lu-ouffht  in,  it  will  no  more 

Tower,  and  after  the  sperial  manner  in  the  '  the  matter  of  the  impeachment,  than  the  pka 

■llickrs  which  doi>s  asct^rtan:!  upon  what  they  '  does  already.     And   whereas  thev   say  yoV 

4o  prooeed,  have  thought  tit  uotwithsUuiding  to  lordship  is  bound  to  take  notice  of'  the  i 


the  indictment  by  Certiorari  into  par- 


of  parliament,  so  your  lonUhip  wiU  take 

•la 


321]         STATE  TRIALS,  33  Chables  II.  l6s\ .---lidward  Fitzharris. 


t«o,  that  it  is  oot  the  course  of  parliaments  to 
try  any  iiian  upon  such  ageoenil  impeachment. 
I  DP«er  beard  of  any  man  (I  sfieak  it  with  sub- 
Dttsinn  to  them  tliat  know  better)  that  was 
bmifiit  to  plead  Not  Guilty  upon  a  general 
im^chment  of  hi^-treason ;  that  is,  upon 
ifac  Cominoiui  bare  saying,  we  do  impeach  such 
«a  «Qc  of  bigh-treason.  I  know  nunc  that 
etw  vasbrou^t  to  answer  that  general  accii- 
lalioa. 

And  DOW,  my  lord,  as  the  plea  is  nouglit 
fvMl  lettiiig'  out  the  record,  so  is  the  aver- 
Mii,  with  submission,  insufficient  too.  For 
ibngh  be  doea  arcr.  That  the  treason  in  the 
isicfent,  and  the  treason  for  which  he  was 
■ptsrhgd,  are  one  and  the  same,  and  not 
dfnn  affirmatively  and  neg^atirely ;  vet  as  this 
CMe  is,  he  ou^t  to  hare  said,  That  the  treason 
lirwhidi  he  is  indicted,  and  the  treason  meu- 
lincd  in  the  impeachment,  is  one  and  the 
mm:  For  if  he  was  impeached  generally  for 
hjth  mssnii.  witliout  mention  of  particulars, 
it  ii  Ifossibie  to  be  refiuccd  to  a  certainty :  So 
ii  ii  an  averment  of  a  fact  not  capable  to  be 


Because,  willi  submission  to  these 

that  have  said  it,  the  debates  of  the 

af  Commons  are  not  to  be  given  in  evi- 

,  and  made  public  to  a  jury :  Nay,  they 

wtt  mut  alsrays  possible  to  be  reduced  tu  a  cer- 
iMy,  as  the  circumstances  may  be ;  for  they 
da  SSI  shravs  particularly  resolve  u|Mm  what 
tbey  will  accuse  before  they  go  up, 
enl  allegation  serves  the  turn :  So 
averment  is  not  triable  ;i;cr /loif,  he- 
the  case  may  be,  it  may  not  be  capa- 
Ui  af  sBT  certainty  from  the  debates  of  tlie 
H«K  af  Commons. 

AaMbcr  reason  is,  because,  by  tliis  way  of 
■kafa^sroceedings  must  be  staid  for  treason, 
ttaqikmbaequent  to  the  impeachment, .  which 
■•  wmm  yet  has  pretended  to  iay :  For  suppose 
a  general  impeachment  lodged,  and  a 
m  aflemarda  committed  by  the  party,  I 
■o  man  wiU  say,  that  the  Uoiise  of  Com- 
J  when  they  bring  up  their  speirial  niat- 
caanot  malTe  even  tlus  subsequent  treason 
article  upon  that  impeachment ;  neither  can 
at  he  said  that  such  averment  as  this  is,  upon 
wmk  plea  pleadeil  to  a?  uidictment  here  below, 
VMM  be  repuffnant,  because  there  is  no  time 
il  aU  laid  in  the  impeachment  as  it  is  here 
ded,  nor  no  time  when  the  impeachnifiit 
Iffwight  up ;  so  that  it  cannot  appear  to 
Mttt,  whether  tlie  treason  in  the  iiulict- 

_^  be  Bub8ei|uent  or  not :  The  conHMiuence 

irf|AMi  is,  we  must  try  whetluT  <he  House 
mCmsiiiohs,  upon  this  general  inip«*achmrnt, 
to  proceed  to  try   him  fur  a  fact 
after  tlie  impeacfiment  curried  up. 
%pd^  tbb  would  be  to  affirm,  that  a  nmn 
■pjisrhrd  in  parliam«iit  shall  nevor  l»e 
br  any  ofleoce ;  it  would  be  like  that  Pr'i- 
CUruule  wliich  they  made  use  of  b) 
cs  from  ptuiishiueut  for  all 


^  my  Wsdv^wc  do  thiik  upon  the  wltole 

fOL.  Till. 


[322 

matter,  without  enteriug  upon  the  debate,  whe- 
ther a  particular  impeachment  lodged  in  tlie 
House  of  Lords)  docs  preclude  the  king  from 
his  proceedings,  we  have  a  ^)od  erase  upon  this 
plea ;  for  that  is  not  a  question  necessary  to  be 
'  resolved,  though  it  be  not  grauteil  by  the  king 
neither.  But  the  question  is,  Whether  this 
be  a  formal  plea,  and  whether  here  be  suffi- 
cient matter  set  forth  upon  record  to  bring  that 
other  matter  into  question,  and  tic  up  the  hands 
of  the  court? 

Serj.  JcfferUt.  My  lord,  there  hath  lieen 
already  enough  spoken  in  this  case,  I  shall  de- 
sire oiuy  to  offer  one  word  to  tliat  single  point, 
viz.  the  informality  of  the  plea  ;  \\liich  I  take 
to  be  the  sole  question  in  this  case :  For  to 
argue,  whether  because  there  was  no  bill 
passed,  or  t]c<Tee  mafle  in  the  House  of  Lords 
^tliougli  the  articles  had  been  carried  up,)  the 
impeachment  did  not  fall  to  the  ground  by 
the  dissolution,  1  conceive  altogether  impro- 
l>er ;  for  1  think  it  doev  not  aflect  the  ques- 
tion :  Though  I  desire  to  take  notice  that  sir 
Fr.  Winnington,  Mr.  Williams,  and  Mr. 
Wallop  went  all  mistaken :  For  there  were  no 
such  concessions  made  by  any  of  the  king's 
counsel  the  other  duv,  as  they  alledn^c ;  be- 
cause we  did  not  think  it  to  be  the  question,  and 
therefore  made  no  discourses  aliout  it. 

But,  my  lonl,  I  desire  first  to  take  notice  of 
a  case  or  two  that  hath  been  cited  on  the  other 
side ;  and  then  I  shall  apply  myself  to  that 
which  is  the  question  before  you  at  tliis  time. 
Thev  cite  the  case  of  the  I^rds  iu  the  Tower  as 
a  judgment  ior  them,  whicli  sciems  to  be  a  judg- 
ment against  them  :  For  by  the  Lords  granting 
a  Certiorari  to  remove  the  judgments  into  par- 
liament, they  seem  to  be  of  opinion,  that  not- 
Mithstandhig  they  Mere  impeached  l>efore  the 
Lords,  yet  there  might  have  been  proceedings 
below  upon  thi»se  indictments,  had  they  not 
been  removed  ;  and  there  they  remain  to  this 
tiay.  Nay  further,  to  those  impeachments 
they  have*  pleaded  to  issue,  which  is  read  for  a 
trial :  But  in  the  case  at  bar,  there  only  is 
an  ai*cusatioii,  without  any  further  proceedings 
tIieix3upon. 

And  as  to  the  case  of  my  lord  Shaftesbuir* 
that  makes  strongly  for  us  as  1  conceive.  Mr. 
Justice  Jones's  opinion  was  taken  notice  of  by 
sir  F.  Winnington,  that  they  would  not  meddle 
by  any  mcaiiK  w  ith  matters'  depending  in  par- 
liauH'iit :  But  I  must  roiiiemlier,  he  then  gave 
this  rea.son  for  his  opinion,  because  the  parlia- 
ment was  then  in  being.  And  1  niu^t  hmnbly 
put  your  lordship  in  mind,  that  the  whole 
court  did  then  declare.  That  it*  the  parliament 
hail  been  dissolved,  they  would  have  said  some- 
thing more  to  that  casi'.  I  do  not  say,  that 
they  would  have  given  such  or  such  a  judg- 
ment ;  but  I  attended  at  the  bar  at  that  time, 
and  I  Hpp<'ul  to  the  memory  of  the  court,  if  the 
couit  did  iH»t  then  make  such  n  d(*cluratifln. 

But  now  to  the  question  :  With(»iitall  per- 
adventure,  the  cases  cited  by  Mr.  Pollexfen  are 
true,  if  1  brintr  a  gencjral  I'  dt bitatus  unhmp^ 
iif   for  wares,  sold  and  delivered,  and  after 

Y 


33d]         STATE  TRIALS,  33  CaaKLES  II.  l6S\.^ProceiihigM&gahul         [^U 


hnng  a  particular  Indehitatvt  nttttmjtsit  for  such 
and  such  warrs,  naming  tlie  particulars,  the 
party  may  conic  and  plead  in  bar,  and  aver  it  is 
for  tliesanie  thin^;  and  it  is  a  good  ayermtint, 
because  there  is  siilTuient  matter  set  forth  in  the 
record  to  support  such  an  aiermcMit :  For  the 
donht  is  only,  whether  the  p:irticiil«ir  q^oods  men- 
tioned in  the  second,  be  not  the  anme  that  \t'ern 
intended  under  thost!  genenil  words  (goods  and 
merchandizes)  in  the  fiiTit. 

But  suppose  there  had  been  only  an  nccoimt 
brought  and  no  dectaration  put  in,  could  then 
the  oefendant  have  picadeil  such  a  plea  with 
■tich  an  averment,  whf  n  thtTe  was  not  suflici- 
ent  matter  of  nrconl  sot  forth  in  their  pleading, 
whereby  the  court  mii^Til  l>e  able  in  give  a. judg- 
ment, or  pul  it  into  a  way  of  trial,  whether  it 
was  for  the  s;m!c  or  not. 

And  w  it  nut  so  in  this  ease  ?  there  being  but 
a  bare  Hcrusalion  :  l^or  I  still  keep  to  the  infor- 
mality of  the  pleading,  and  I  takt;  it  not  to  be 
Biich  a  dangerous  case,  as  the%'  gentlemen  of 
the  other  side  do  prcttrnd,  for  you  to  determine 
it.  For  I  am  sure  it  \%iH  lie  better  f<n-  the  court 
to  ansvirer,  if  ever  they  shall  be  recpiired,  that 
they  have  perf<»rmed*their  dutt,  and  done  jus- 
tire  according  to  their  consciences  and  their 
<mttM,  than  ever  to  \k*  afraid  of  any  threats  or 
buu'lieai'N  irom  tlir  bar. 

For  would  not  they,  by  tliis  manner  of  plead- 
ing, put  upon  your  loi-dnhiiis  a  difiiculty  to 
judg<»,  withmit  any  thing  rontiiined  in  the'  ini- 
{learhnu  nt  to  guide  your  iudgnu^r.t,  whether 
the  prisoner  l>c  ini))earhefi  for  the  same  thing 
for  Mhic'h  he  is  inclirri'<l  1'  Way  not  the  trea- 
son intended  in  this  ini]H:aehme'nt  be  for  clip- 
ping or  coining  of  numey  ?  for  it  is  generally 
uaid  to  btMMdy  for  High-Tn»ason.  How  comes 
this  then  to  be  hel|>ed,  so  as  to  l>e  any  wav  is- 
anable,  and  Im>  triinl  ?  >Sliall  it  be  by  'that  way 
which  >Ir.  Hallop  laid  down,  that* if  Mr.  At- 
torney had  taken  issue,  the  jury  must  have 
tried  the  i|uestiim  by  having  the  deliates  of  the 
IIouw*  ot  Commons  given  in  evidence  ?  Cer- 
tniuly  that  cannot  l>e,  my  lonl.  If  there  were 
but  one  sort  of  trenson,  there  might  be  some 
colour  for  this  sqrt  of  pWading ;  but  there  are 
^BMlip  «i«J-^i«  *-^MBBa,  uul  bow  is  it  capable 
*^  ^  nrofa  the  intentions  of 

li-Wbce  they  are  come 

HflAre  cannot  be  given 

Milulylrouglit  intojudg- 

opontiie  informality  and 

eadinff  only,  and  m'eddle 

,  wheUier  on  impenrhment 

is  raperaedes  nn  indictment 

«  P  For  wc  say,  lliev  hatv 

Mtantially.  as  to  enaf4e  the 

I  the  onoAion  :  And  there - 

'  lordwip's  judgment,  that 

TCfRllM. 

biu  My  lord,  there  has  be«n 

"time  almd}'  t^cen  up  by 

bal  Inre  arguni  before  me, 

'ttet  in  wh«»  I  hate  tony. 

Wu  Ait  time,  how  tar 


fbrth  the  Comn^ons  in  parli&ment  may  impetdi 

or  not  impeach  a  commoner,  beftfe  the  Lords 

in  parlian^ent,  or  where  the  Lonls  roav  admit 

or  not  admit  of  such  impeachments  ?  tliat  m 

not  the  case  here^as  I  humbly  conoeiTe,  nor 

will  I  meddle  with  it:  I  shall  only  speak  to  Aa 

validity  of  the  plea  aecording  to  mw.    Now,  I 

<<ay,  that  this  plea  of  the  prisoner  as  thusple^i 

ed,  cannot  be  good  to  out  this  court  ofjurii^ 

diction  :  For  iirst,  the  prisoner  cannot  be  ad- 

mitte^l  to  make  the  avermen£  in  this  pleai  thai 

the  treason  mentioned  in  the  irapeaimneBt  b 

|)arliament,  and  that  contained  in  tnisindictBMi 

IS  the  same ;  for  if,  as  tlie  gentlemen  that  ir> 

gued  on  the  other  side,  urged,  tliat  this  ooal 

nar.t  take  notice  of  the  proceedings  and  lawd 

parliament,  then  you  will  take  notice  that  m 

person  is  there  tried  upon  a  gpneral  impeach^ 

ment  of  treason.    8|ieoial  articles  are  ahnM 

first  exhibited  :  In  this  case  then  eithar  ni 

House  of  Commons  luive  carried  iip  special  m» 

tides  against  the  prisoner  to  ibe  liorda  in  par* 

liameiit  or  not ;    it*  the  Hou^e  have  done  it, 

then  the  plea  might  have  been  |ileadcd  better  ly 

setting  fortli  the  artieles(wliich  is  iNirt  of  whil 

they  say  On  the  other  side,  that  it  ooM  bi 

pleaded  no  better,^  fi}r  then  it  would  brm  ap 

peared  plainly  whether  tlie  treaaon  wen  Mm 

same  or  not.     If  the  atliclcs  are  not  canM'ifl 

shall  it  lie  in  the  mouth  of  any  particnlar'  M* 

son  to  say,  what  articles  the  Commona  iA  ra* 

liament  woultl  have  carried  up  ?  SHall  avf  jb& 

gle  person  be  admitted  to  say,  what  the  atftm 

would  have  done,  before  the  House  itself  iMI 

it  ?  In  cases  of  imi>eachments  it  lies  in  tibe^ 

cretiou  and  judgment  of  tlie  Commona  upon  ^ 

bateto  exliibit  w  hat  articles  they  in  their  %riMkMI 

shall  think  fit ;  and  sure  it  shall  never  come,  lliil 

any  particular  person  shall  limit  them  to  tbii 

or*  that    particular  treason    before-hand ;  i# 

surely. 

Now  suppose  in  sudi  a  case  as  this,  iM 
such  a  plea  pU^detl,  the  Commons  upon  dcHW" 
ration  slionld  carry  up  artides  qnite  diAiHli 
sudi  a  plea  then  u-ouid  appear  Xn  he  a  stark  Mut 
and  the  pleading  and  allowing  of  it,  an  appBK# 
delay  of  justice.  So  that  I  conceive,  my  bid,, 
the  prisoner  shall  by  no  means  l>e  admitted  (aiP 
indeetl  can  it  l)e,  to  ai^erthe  iiitentkm  affllf 
House  of  Commons,  ti'hich  cannot  be  tried)lH^ 
fore  they  have  declared  it  themselves;  arft 
therefon>  I  conceive  the  plea  to  be  naught  ik 
that  reason.  , 

fint,.  my  lord,  I  conceive  that  the  nriMBO'ii^ 
plea  is  ill  tor  another  reason,  because  Uie  mK 
in  thist*ase,  by  any  thing  erpressed  inthiiflttt 
cannot  diAcern  nor  take  notice  whether  itbeilt 
sB»ne  treason  or  not. 

Now  the  reason  w  hv  tlie  record,  as  tiH  ttSt 
is,  on;;ht  to  bealledgeck  specialK',  is  beMOsetlN 
matter  rnntained  in  it  may  iifainly  appear  tt 
the  court,  and  then  bv  that  meairs  tlie  ctMrt 
miglit.j*>iilge  wiietherU  be  the  sametrrassn  #r 
not.  Sow  (reason  generally  aliedged  ia  tti 
imprachmeiit.  is  the  gt'nus,  and  the  paitiiahr 
treasiui  nu'ntioueti  in  ihe  indictment  «  oat?  > 
species,  and  the  avGnuent  in  the  idha  kj  4hit 


STATE  TR! ALS,  S3  Charles  II.  l6Sl.^EdwMrd  Fiizhmrh.         [3$S 

tioD  ia  barely  upon  thepleading  before m,  Whe- 
ther we  have  a  suliicient  pleading;  of  such  aa 
impeachnieni  as  can  foreclose  the  bands  of  the 
court?  And  as  to  that,  we  shall  lake  som« 
reasonable  time  to  consider  of  it ;  we  will  not 
preci^Mtate  in  such  a  ca$c,  but  deliberate  well 
upon  it  before  we  give  our  judgment  Take 
back  your  prisoner. 

Ait.  Gen,  Before  he  goes  awa^',  we  hope 
you  will  set  a  I'easonable  time,  as  short  as  you 
can,  to  hare  lilm  come  again,  for  your  judg- 
ment. 

L.  C.  J.  Mr.  Attorney,  we  can  send  iof  him 
when  we  please,  to  come  hither  bv  rule  ;  you 
see  tliis  business  has  come  on  in  the  busy  part 
of  a  term,  and  it  is  impossible  for  tlie  i^nrt  lo 
attend  nothing  bat  this,  we  will  take  some  rea- 
sonable time* 


i-Kod  tbe  fpeciet  is  the  same  ;  which 
and  if  aUowedi^  tends  to  hood-wink 
the  court,  instead  of  making  the  mat- 
for  their  judgment. 

uy  bt  to  be  plain  and  certain,  because 
upon  them  alkidged,  is  to  judge  either 
estates  or  lives  $  and  for  that  reason 
r  ought  to  con^  phiinly  and  fairly  be- 
,  that  wrong  may  be  done  to  neither 
ysmaan  of  tiie  obscureness  or  doubtful- 
le  ailegation :  If  therefore  (he  hood- 
rought  insteail  of  a  plea,  it  ought  not 
^"ed.  Awl  thcreiore  for  these  ^reasons 
I  have  farther  to  say,  has  been  'already 
hers)  1  conceive  it  ou<;;lit  to  be  over- 
bum  kly  submit  it  to  Uic  court. 
•  You  have  done  your  arguments, 
I,  on  ail  bides  ? 
I,  Yf^,  my  lord. 

r.  JLook  you,  gentlemen,  PU  tell  you, 
Uken  ap  a  g^at  part  of  our  time, 
r  intended,  when   we  assigned  four 
I  Mr.  Fitzharris,  that  they  uU  should 
nal  arguments  in  one  day,  it  is  the 
that  ever  it  was  done  ;  but  because 
fou  preaiS  it  in  a  case  of  blood,  we 
ing  to  hear  all  ^ you  could  say,  that 
M  not  al^rwards  say,  but  tnut  you 
It  heanl  on  all  sides.     Hut  in  truth, 
u    you,    you    hai'e  started  a  great 
ngs  that  are   not  in  the  case  at  all. 
Bothiog  to  do  here,  whether  the  Com- 
•ne  at  this  day  can  impeach  for  trea- 
eonunoner  in  the  House  of  Lords ; 
nothing    to   do   with  this,  what  the 
sisdictioo  is,  nor  with  tltis  point,  whe- 
■■peachnient   in  the   Loixls'  House 
e  Lords  arc  poKsessed  fully  of  the  im- 
■I)  does  bar  the  bringing  any  suit,  or 
he  proceeding  in  an  inTerior  court: 
i  we  liav^  a  case  that  rises  upon  the 
ft;  whether   you  have  brought  hei'c 
I  a  nit&cient  plea  to  take  away  the  ju- 
I  <^  tbe  court,  as  you  have  nfeadod  it, 
B   be  the  sole  point  tliat  is  oetiire  us : 
have  heard  what  exoe|ition9have  licen 
the  form,  and  to  the  matter  of  your 
:.    We  do  ask  }  ou  aijfain,  W  licthcr  you 
Ni  are  alile  to  mend  your  pleading  in 
ig,  for  the  court  will  not  catch  yc»u, 
ivre  any  thing  wherein  you  can  ainenti 
rin  matter  or  form  ?     If  you  will  let 
r  it,  we  shall  cousi«ler  of  it ;  'but  if  you 
^  it' you  abide  by  this  plea,   then  we 
k  it  is  not  reasonable,  nor  will  be  ev- 
ff  fi  ia  a  matter  of  this  consequence 
Mr  jodnuent  concerning  thiti  pU^a  prc- 
ti  the  cases  cited  cunceniiiig  ivLvts 
Hjafamient,  and  where  tliey  have  en- 
Wt  !■  have  them  examined  here,  are 
III  tha purpose  at  all.     For  plainly,  we 
ll^irtD  owwlves  a  jurisdicUun  tu  cn- 
fMh^ittm:  For  words  spoken,  or 
Imp  ij  theilomniOBa  Housii,  or  in  the 
■**4p  aoBe  to  question  here,  nor  for 
T  that  iMttune,  which  takes  off  most 


Then  Fitzharris  was  carried  back  to  the 
Tower. 

On^Tuesday,  May  10,  Mr.  Attorney  moved 
the  court  to  appoint  a  day  for  their  judgment  on 
the  plea,  and  for  Fitzharris  to  be  brought  up, 
which  they  appointed  to  be  the  next  morning. 

And  accordingly  on  Wednesday  morning, 
May  11,  he  was  Drought  from  the  Tower  to 
Westminster-  liall. 

Ait.  Gen,  My  lord,  I  pray  that  Fitzharria 
may  be  brought  to  the  bar. 

L.  C.  J.  ^Vhere  is  the  Lieutenant  of  the 
Tower  ?  Bid  him  bring  Fitzharris  to  the  bar, 
(whiclrwas  doiui.) 

Ati.  Gen.  My  lord,  I  pray  your  judgm^ 
on  the j)Iea. 

X.  C,  J.  Mr.  Fitzharris,  you  have  been  ar? 
raigned  here  for  High  Treason,  and  it  is  fur 
endeavouring  and  compassing  the  king^s  death, 
and  other  treasons,  siKi'iully  liientifjiicd  in  this 
indictment ;  you  havepleafltnl  here  to  tlie  juris- 
diction of  this  court,  t|uit  there  was  an  impeach- 
ment against  you  by  the  C^omuious  of  Eng- 
land in  jmriiameut,  before  the  Lords,  for  the 
crime  of  Ifigh-treason  ;  antl  you  <lo  say,  thiU 
that  iin|K>ai-hment  is  yet  in  force  ;  and  you  do 
sav,  by  way  of  averment,  that  this  treasoii 
wfiercof  }  ou  are  now  indicted,  and  the  treason 
whereof  you  were  impeached  by  the  Commoufi 
of  England,  betbre  the  ^ids,  are  one  ai|d  the 
same  treason.  And  upon  this  the  Attorney 
General  for  the  king  hath  demurrctl,  and  you 
liave  joined  in  demurrer:  And  we  have  heard 
the  arguments  of  your  counsel,  whom  we  ad- 
signeu  to  argue  it  tor  you ;  we  have  heard  them 
at  large,  and  have  cxjusidered  of  v  our  case  among 
ours4?ves ;  and  U|»on  full  consHlvration  and  deli- 
beration  txjnccming  your  easi%  and  all  Uiat  hatn 
be<rn  said  by  your  counsel,  and  u|M>n  <routerence 
that  we  have  had  with  some  other  of  the  judge|f, 
we  are  three  of  us  of  opinion,  that  your  plea 
is  not  sutKeient  to  bar  this  coiut  of  its  jurisdic- 
tion ;  my  brother  Jones,  my  brotlnT  liaymcmd, 
and  myself,  are  of  opinion  tiiat  your  pli^  i»  in- 
suiheieut,  my  brother  Dolbcn  not  hiring  resolved, 
but  doubting  eoneemiog  it.  And  therefore  tha 
court  does  oider  and  award,  That  you  UiaQ  ai^- 
swer  over  to  this  treason. 


3^7]         STATE  TRIALS,  33  Chables  II.  l6S\ .^Proeeeiimgs  0igabui'         [328 


CI.  of  Crown.    EH  ward  Fitzharris,  holdup/ 
thy  hand. 

Fitzhnrri*,  !*Iy  lord,  1  desire  I  roav  hare 
liberty  to  ad\  Lse  w  ith  my  counsel  before  \  plead. 

L.  C  J.  Ilr.  Fil/lnrri5,  \«h«'n  you  projHised 
a  (tiffirulty  \-ou  hnd  in  a  mattrV  of  law,  the 
court  woro  uilliny;  to  assign  you  counsel ;  be- 
cause' it  Is  known  you  cannot  be  a  fitting  per- 
son to  aflviseyoursclf  conccmiugf  the  law.  But 
an  to  this,  Wf  caiini*l  assign  you  counsel  ;  it  is 
only  a  matter  of  f;«ft.  whether  you  he  guilty  or 
Bot  guilty.  I'herr  fore  in  this  case  you  cannot 
have  coun(-eI  allouedto  ft(t\iseyou.* 

Fit  ah.  My  lonl,  I  di-sire,  belbre  I  plead,  or 
do  any  tiling  of  that  nature,  that  I  may  make 
an  end  of  my  rniifL'>sion  before  yoin:  lordship, 
and  some  of  the  privy  counril. 

L.  C  J.  L«M»k  y<:u,  Sir,  for  that  you  have 
trifled  with  us  airca'ly  ;  you  prc't«'iii1e(l  you  had 
some  scruples  of  comicieiice,  and  that  you  w>ere 
now  become  another  man,  and  would  revoal 
and  discover  the  whole  of  this  design  and  Plot, 
that  3'ou  are  said  to  Im*  guilty  of  here  :  but  you 
have  trifled  weveral  times  concerning  it,  and'wc 
can  say  nothing  ccnceming  that  now ;  we  must 
now  have  your  plea:  ifatlerwanls  you  ha«c 
a  mind  to  confess  and  he  ingenuous,  \ou  may 
do  it ;  but  now  you  nuist  eitlier  plead,  or  not 
plead. 

Fitzh.  My  lord,  I  have  some  witnecaes  a 
great  way  on,  and  I  desire  time  to  have  them 
ready  for  my  defence. 

Cl.  of'  Cr,  £d%vnrd  Fitzharris,  hold  up  thy 
hand  (which  he  did)  ;  thou  ha^t  been  indicted 
of  high-troason ;  upon  that  indictment  thou 
hast  been  an-aigncf  I,  and  hast  pleaded  to  the 
jurisdiction  of  tills  court.  To  which  Plea  his 
majesty's  Attorney- (ioneral  hath  dcnnirrfd, 
and  thou  I.'st  joinc^l  therein:  and  upon  the 
whole  matter,  this  C.'ovirt,  upon  mature  and 
considerate  deliberation,  is  of  opinion,  that  thou 
oughtest  to  answer  over.  How  sayest  thou, 
art  thou  Guilty  of  tho  lii«;fh-tn>nso'n  whereof 
thou  hast  br«'n  imlirti'd,  and  hast  been  ar- 
raicrncd,  or  Not  (juilty  ? 

thtzh.  Not  fiuilty. 

CL  ifCr.  Cul.  I'risl.  kc.  how  wilt  thou  be 
trieil  ? 

Fitxh.  By  ffod  and  my  country. 

CL  ofCr,  G<»d  send  tlit^e  a  gooil  deliverance. 

L.  C.  J.  Now  il  you  have  any  thintr  to  move, 
doit.  WeconKl  nor  h(^ir  \our  moticm  till  you 
had"  nler.ded  ;  tor  the  ni«  tliod  (ff  the  Court  must 
be  (ifisfrvcfl. 

Fitzh,  I  h:ive  sortie  witnesses  at  a  distance, 
my  lord. 

1*.  C  J,  Wh( TO  arc  your  witnf*««es  ? 

Fitzh.  f  lm\ei)iif-  ultiu's^in  ll(iil;in'l,  a  very 
maieriul  om*  ;  i!:jit  i  am  much  contenied  to 
have  tor  my  liCc. 

.rusti(*(r  .Aw/ifj?.  Vi  lint  is  his  nanif  !* 

Fitzh.   His  ntiiiie  is  Slru::nl,  my  lonl. 

L,  C.  J.  \Awk  Mm,  !Mr.  Filzharris,   T  will 

tell    ymi,  reasfi:i:i[i1e    time   is    allowed  to  all 

"men 'to  mnketh».ir   tlefence  in;  but   when  a 

man  hi  m  Holland,  I  know  not  what  time  you 

will  take  for  that. 


Titzh,  What  time  your  lordship  thinks  fil 
for  a  man  to  return  from  thence  hither. 

L.  C.  J.  Look  you,  Mr.  Attorney,  why 
should  not  we  allow  Mr.  Fitzharria  time  foi 
his  trial  till  next  term  ? 

Att.  Gen,  I  think  lie  bath  not  otTered  any 
thing  to  entitle  him  to  it.  He  doth  not  tell  as, 
and  1  would  fain  know  what  the  witnesees  iiill 
prove. 

Justice  Dolben.  It  may  be,  Mr.  Attomer,  he 
will  ronfpss  what  it  is  that  witnen  can  prove, 

Att.  Gtn.  For  the  whole  proof  in  a  case  oi 
treason  U*^  on  our  side.  "^ 

L.  C.  J.  Commonly,  and  prifnafacie^  it  dod 
so ;  but  there  may  be  some  thin^  that  the 
pri^ioncr  may  gi^-e  m  evidence  for  himself  ditl 
may  he  material  for  him  to  urge  for  his  deAnee. 

Fitzh.  3fy  lord,  L  know  not  whether  it  be 
safe  for  me  *to  tell  what  he  can  say. 

Justice  Jvncs,  l*hen  yon  resene  it  wholly  it 
your  own  judgment,  whether  he  be  a  mslml 
witness,  or  no  ? 

Fitzh.  If  m^  lord  chief  justice  pleasei,  I' 
will  acquaint  him  ill  private  with  it. 

Att.  Gen.  1  neier  saw  any  good  efleet  of 
these  private  proceedings.  If  he  have  My 
thing  to  ofler,  he  may  do  it  publidy,  in  IM 
face  of  justice :  and  therefore  1  desire  be  mm 
be  tried  this  term ;  for  he  hath  had  a  wWi 
term's  notice,  and  time  enough  to  coBate 
what  persons  are  material  witnesses  for  hilL-  '• 

Justice  Jones.  Unless  he  do  shew  goodeiMi 
to  the  contrary,  he  must  be  tried  this  tern. 

Att.  Oeii.  And,  my  lord,  where  it  is  in  At 
same  coimty  where  t*be  fact  was  comminsdi 
there  is  the  less  reasi>n  to  stay  ;  criminals  it 
high-treason,  the  fact  must  be  plain  and  Cfi- 
dent  against  them. 

L.  C.  J.  Look  you,  Mr.  Attorney,  peradfvi- 
ture  he  hath  Ihh^u  made  to  depend  aiion  kif 
pU^,  and  hath  l>een  advised  so  to  do. 

Fitzh.  Ves,  my  lord,  ami  have  been  dM 
nrisoner,  and  not  allowed  to  s[»eak  with  ilf 
iKidy. 

L.  C.  J.  If  so,  then  it  may  be  a  smptiil 
upon  him. 

Fttzh.  My  lord,  I  have  been  allowed  notUif 
to  prepnn»fi>rmy  defruee. 

Soltcitnr  Gtncrai.  My  lord,  he  ought  to  kl 
pnuitkil  for  his  trial  this  term.     I  do  not  knoffi  * 
my  lonl,  what  witnesses  he  can   pretend  II 
have ;  the  fact    was  done  in    Middlesex  bfl% 
and  the  pn>of  of  the  riiTumstanci*8  of  thttM 
do  arise  here ;  and  I  do  not  know  what  iV* 
))rise  he  ran  iHinijihiin  ot*.     As  to  the  witncali 
tells  you  of,  that  is  in  Holland,  he  doth  nsClil. 
you  to  what  pur|N»se  he  is  a  witness  ;  so  M 
you  may  know  whether  it  be  material  er  itt ' 
I  know  very  well,  my  lord,  in  the  Old  Baif^  - 
when  the  priests  did  nrg(^  it,  that  the}'  had  OT 
no'^ses  l>eyond  the  s<ni  in  other  countries,  tM 
WfrTc  not  suflered   to  delay  their  trial  wfi 
siu*h  a  pretence.     We  umst  sniKmit  it  to  JI0 
lordship^s  discretion  :  but  we  suppcise  if  ^ 
not  be  a  pn^eipitous  fn-oceeding,    he  hiifli| 
notice  of  his  trial  nH  this  tenn.  ' 

L:£.  J.  Mr.  Attorney,  truly,  sinee  h»|il 


3291 


STATE  TRIALS,  33  Charles  II.  iGSU-^Edward  Filzharrk. 


[£30 


tradfl  lie  is  Riiqirised,  md  hath  depended  upon 

lus  plea,  and  hath  witnesses  that  require  some 

inr  to  fetch,  we  think  it  reasonable  that  he 

dbMid  have   till  the  next  term  ;  and  we  will 

Mr  it  till  thou.     We  are  all  of  that  opinion, 

toeciany  it  betnf^  snrh  a  little  delay)  to  enable 

hJB  to  liave  what  witnesses  he  dotb  pretend 

tikiTe. 

Att,  Gen,  My  lord,  I  never  dcsirwl  in  tliis 
OK,  nor  ui  any  other,  nor  ever  shull  do,  that 
justice  be  precipitateil.  I  know  these  opi>n  and 
6ir  tiiaSs  proceed  with  siieli  i^ual  steps  to  all 
■KtiGS,  that  we  need  not  be  hasty  ;  and  there- 
me,  if  your  lordship  be  of  that  o*pinion,  1  sub- 
ail  to  it,  uo  it  be  the  first  week  of  the  next 


LC'  J.  The  first  week  it  cannot  be. 

All.  Gtu.    Within  the  first'  seven  daj's,   I 


L.  C.  J.  Tlie  first  Thursday  in  the  term. 
Aid  take  notice,  Mr.  Fitzhariis^'that  is  the  day 
appointed  for  your  trial. 

Fitsh.  I  desire  liberty  to  see  my  wife,  and 
hire  a  solicitor  in  the  inean  time. 

JL  C.  J.  I  will  tell  you,  for  that,  5Ir.  Fitz- 
knn,  the  Court  would  never  deny  any  thin^ 
of  thai  nature  to  any  one  in  your  condition  and 
cmimstanees  ;  but  your  wife  makes  an  ill  use 
of  the  liberty  we  cpranted  her :  and  if  she  do 
mike  an  ill  use  ofit,  then  tlie  Court  miiM  re- 
smin  her,  and  hold  their  hands  over  her.  If 
we  were  aatiafled  she  would  use  the  liberty 
lawfully,  aofl  not  abuse  it — -* 

Rtzk.  -My  lord,  1  am  sure  she  will  use  it 
kwlidv  hereafter,  and  make  no  ill  use  of  it. 

It  Cr.  J.  Look  you,  upon  her  good  usage  of 
TtLj  if  die  will  tilirly  demean  herself,  and  not 
aboKil  again,  we  are  willing  to  take  off  the  last 
rule,  aai  the  shall  have  the  saifle  liberty '  she 
liailbeAie  that  rule. 

Sd.  Gem,  Whh  this,  if  your  lordship  please, 
we  desire  there  may  be  some  other  judge  of 
her  prudence  besides  herself,  and  the  lieutenant 
of  the  Tower  be  by . 

FUskM,  My  lordVl  desire  I  may  have  a  soli- 
■cilor ;  tor  he  was  never  allowecf  to  come  ami 
speak  to  me,  though  I  hail  a  rule  for  him. 

L.  Ci  J.  Look  you,  as  to  your  counsel  now, 

iriiicfa  was  the  main  reason  why  you  pra^-ed 

a  solicitor,    we  cannot  allow  you  them  any 

nsie ;  tor  now  we  are  come  to  a  matter  of  fact 

edy,  nnd  we  cannot  by  the  niles  of  law  alk>w 

^  CDunseL  .  Therefore  what  need  you  have 

sfa  solicitor,  I  cannot  tell ;  his  business  before 

vss  to  go  from  vou  to  the  counsel,  and  from 

Ihem  te  you,  which  is  ceased  now.     But  this, 

Mr.  Aitomey,  if  he  have  a  desire  to  see  |)apers 

isd  would  'send  for  any  papers  that  <-oncem  his 

Menee,  so  as  thcr  contain  no  new  treasonable 

Dsttera  and  contrivances,  he  ought  sure  to  have 

Ihem;   and  If  he  have  papers  at^  his  hoase,  or 

aoy  where  else,  which  he  desires  to  make  use 

«f  m  his  own  defence,  being  inspected  by  the 

ieatenant,to  see  that  there  be  no  matter  of  evil 

contained  in  them,  he  may  have  one  to  do  that 

for  him  without  any  danger. 

-    Sol*  Gen.  i  do  not  oppose  it,  my  lord ;   but 


I  desire  that  all  caution  may  be  used  that  can 
be ;  for  this  solicitor  of  his  is  a  lawyer,  and 
writes  tratrts  of  law  :  but  any  thing  material 
for  his  defonce  I  am  not  against. 

L.  C.  J.  Mr.  Aitomey,  you  neeil  not  fear  any 
harm  will  l>e  that  ways  :  for  he  is  not  to  sj)eak 
M'ith  him  alone. 

Mrs.  FUzharris,  I  hope  his  solicitor  may 
come  td  him  to  take  instructions  how  to  send  for 
his  witnesses. 

Just.  Jones.  You  can  tell  how  to  do  that, 
surely,  without  a  solicitor. 

L.  C.  J.  Just  as  the  last  nile  was,  let  there 
be  another  rule  made  :  for  he  must  have  all 
just  ail  vanta^f^  to  enable  him  for  his  defence. 

Fifth.  I  hope  1  shall  have  a  rule  of  court  to 
make  my  witnesses  ap))ear. 

Just.  Dolben,  That  you  may  have  without  a 
motion. 

L.  C.  J.  We  will  give  you  any  thing  that 
will  enable  you  to  make  a  iair  deience. 

CL  of  the  Cr,  He  shall  have  sub|)oenas  for 
Ills  witnesses. 

L,  C.  J.  Then,  Mr.  Fitzharris,  you  must  ex- 
pect no  other  notice.  You  must  take  notice 
now,  that  ujion  the  first  Thursday  in  the  next 
term,  you  are  to  receive  your  trial  here.  Take 
the  prisoner  back. 

Att.  Gen,  In  order  to  his  trial,  I  desire  the 
sheriff  may  bring  in  the  freeholders  book  to  tho 
clerk  of  the  crown,  to  strike  the  jury. 

X.  C.  J.  Mr.  Attorney,  we  v  ill  consider  of 
that,  how  far  can  i«e  do  that,  and  the  course  of 
the  court  shall  l)e  observed.  But  I  doubt  how 
we  can. 

Ait,  Gen.  That  is  the  practice  in  trials  at  the 
bar. 

L.  C.  J.  In  civil  causes,  but  not  in  criminal, 
that  I  know  of. 

Att.  Gen.  AVe  have  reason  to  desire  it ;  be- 
crausewe  arc  afraid  of  some  practi<-e  in  this 
cause,  and  fear  there  may  be  some  o<ld  carriage 
in  the  return  <»f  them. 

Fitzh.  May  1  not  see  my  v.ife  before  I  ^ 
hence  ? 

L.  C.  J.  With  all  our  hearts ;  she  may  go 
to  yon,  and  with  you,  Sir,  if  you  please  :  wc 
wi(l  not  hinder  you  ol'  her  company,  so  she  carry 
herself  fairly. 

Then  the  Lieutenant  took  back  his  prisoner. 


The  Trial  of  EDWARD  FITZHARRIS,  at 
the  King*s- Bench,  for  High^Treason, 
June  9,  ICaj.     Trin.  33  Charles  II. 

0\Thiir«lay  June  9,  1681,  Edward  Fitz- 
harris was  brought  to  the  bar  of  the  court  of 
King^s-bcnch  ;  and  the  court  IxMng  sat  proct!ed« 
ed  thus : 

Mr.  Thompson.  My  loH,  I  moved  you  the 
other  day,  that  before  Mr.  Fil/harris^s  trial,  he 
might  give  such  evidence  as  he  had  to  give 
agiiiust  sir  John  Arundel  and  sir  Richanl  BeiU 
ing,  concerning  the  death  of  sir  Kdmundbury 
Godfrey,  before  he  be  convicted  of  treason }  and 


331)         STAT£ TRIALS,  93  Charles  II.  l6^\.^ProeerHngi  eg^inf^        [532 

Ir.  C.  J.  WiiAtsnervris  written  by  her  hu- 
bsuid,  for  help  of  his  memory  in  matter  of  fiKlp 
let  her  do  iL 

Fiizharriis  My  lord,  I  humbly  bc|g^  my  io» 
licitor  raftv  be  by  mc  too* 

L.  C.  /.  We  allow  of  no  solidtora  in  caaei 
of  Ui«{b-trea40D. 

Ci.of  Cr,  Edward  Fitzharris,  holdup  thy 
liand  (wliicb  be  did) :  Tlioae  good  men  whica 
thou  shalt  bear  called,  and  pcraoaally  ap- 
pear, ^c. 

FuzfiairU.  My  lord,  I  desire  they  may  bt 
disiinctly  named  as  they  are  in  the  pannd,  thai 
I  may  kuow  bow  to  make  my  challenges. 

So/.  Gen.  My  lord,  i  must  hmnbly  ofier  il 
to  your  lordship's  consideration,  for  the  prece- 
dent's &akc,  wuetbcr  anj*  person  can  aaaiai  tin 
prisoner  as  to  matter  of  fact  ? 

L.  C.  J.  Yes,  and  it  is  always  done  to  tain 
notes  for  him  to  help  his  memory. 

tiaij.  JeffiNui.  But,  myloru,  I  vouid  ae- 
f|iiaint  your  lonlsliip  what  is  the  thing  we  fio4 
in  this  case ;  here  is  a  particular  nola  given  ii 
to  the  prisoner  of  the  jury,  pray  be  sure  to  dpal- 
leng^e  such  and  5;iich,  and  aoirt  cliallengip  thi 
rest.  God  forbid  but  his  memory  AouU  bi 
helped  in  inutteis  of  fact,  as  is  usual  in  ^i^ 
cases ;  but  no  instructions  ou^bt  to  be^  mwu 
him,  sure.  And,  my  bird,  the  example  hvIm 
a  ^eat  ^Tiy  ;  aud  therefore  we  are  in  3'oiir  laA" 
ship's  directions  about  this  matter. 

FUzharrit,  My  lord,  I  hope  ii  is  but  Ju4t,  fi| 
I  have  had  all  the  disadrantagea  in  tl^  wocU.  ] 
have  been  kept  close  prisoner,  and  have  not  been 
permitted  to  Lave  any  one  conic  to  me,  to  hdf 
mc  in  my  prcj»arr»tionfor  my  trial. 

Atl.  Gen,  My  lord,  I  pray  your  judgmeiitii 
]K)int  of  law  ;  I  doubt  not  yuu  will  do  tlw  king 
right,  as  \vv\\  as  the  prisoner  ;  I  could  nut  gel  a 
copy  of  the  pmintl,  till  last  night  about  tuar 
o'chick  :  Here  is  prt'pared  a  copy,  with 


understood  that  it  was  the  dn-ection  of  the 
<*ourt,  that  we  mi^ht  move  it  this  morning  be- 
fore conviction,  that  be  miic^t  declare  upon  oaih 
here  in  court  1^  hat  he  knows  of  that  matter 
ajpainsi  those  gentlemeu :  for  after  he  is  con- 
VKtsd,  I  believe  it  will  be  loo  kUe  for  us  to  tbiuk 
of  it.  Mr.  Godfrey  hath  a  great  deal  of  reason 
to  desire  what  I  now  move,  that  his  brother's 
murderers  may  be  prosecuted ;  and  «ve  hope 
all  the  favour  that  can  be  granted  in  such  a 
case  will  be  granted  unto  us :  for  thiTe 
hath  been  a  design  of  tote  set  on  foot,  to  make 
it  be  believed,  that  sir  Edmundhury  God- 
frey murdered  himself,  notivithstandi'ng  that 
clear  eridence  that  hath  been  already  given  of 
this  mattei^  aiul  notwithstandiiig  that  seicrai 
persons  have  been  convicted  and  attainted  upon 
chat  evidence.  80  ihat  ihese  gentlemen  think 
themselus  oblii^.-d  to  prosecute  the  matter 
as  tar  as  they  can,  and  beg  of  your  lordship, 
that  what  can  be  done  for  them  may.  And 
particnhiri^',  that  he  may  oerfert  his  discovery 
against  the  tu  o  named  at  liis  hist  examination 
before  the  grand-jury ;  and  that  his  examinatwn 
about  them  may  now  be  taken  by  the  court. 

L,  C.  J.  Look  you,  Mr.  Thompson,  that  that 
you  moved  before,  had  some  reason  in  it,  that 
be  might  be  examined,  and  give  evidence  to  a 
grand-jury,  and  we  toM  you  he  shoukl ;  but  if 
UMve  be  nievor  a  grand -jury  sworn  yet,  who  can 
he  give  evidence  to  ?  Would  you  nave  us  take 
his  enmination  and  afterwards  give  it  in  e\'i- 
denoe  to  the  grand -jury  ? 

Mr.  Tkotnp.  'My  lord,  I  only  say,  then  it  is 
our  hard  hap  that  he  is  not  examined  before 
agrand-jur}'. 

L.  C.  J.  But  do  you  think  it  is  fit  for  3'ou  to 
mo\'e  this  now  ? 

Mr.  Thotnp.  My  lord,  I  understood  it  was  per- 
mitted me  by  the  court  the  other  day,  to  move 
again  ;  anil  I  move  bv  the  direction  of  my  cli- 
ent, and  I  submit  it  to  your  lonlship. 

L,  C.  J.  Vou  know  it  cuunoK  be  granted. 
Go  on,  and  sweai-  the  jury. 

FUzh.  My  lord,  I  bojr  that  my  wife  and  stA\' 
eitor  may  be  by,  to  help  and  assist  my  meniurv . 

L.  C,  J.  Let  your  wile  be  by  you,  if  ilie 
please,  and  if  you  think  it  is  an^  advantage  to 
you,  witli  all  our  hoaits;  if  slievwU,  let  her  go 
down  to  you. 

Ct.  if  Crown.  Cry cr,  make  an  O  yes :  Who- 
ever can  inform,  Scv. 

Atl.  Gen,  31y  lord,  I  know  not  what  the  «*f- 
fect  of  this  may  l>e  :  if  his  wif'elH'  instructed  to 
instruil  him,  that  ought  not  to  be  [M-miittod, 
with  KuhmiMsion  :  Suppose  she  should  conio  to 
prompt  him  (and  0>r  certain  she  is  well  docu- 
mentixed)  that  your  lonlship  uon't  suffer. 

Serj.  Jtffrriex,  My  lord,  she  coiai.ii  prepared 
with  papiTH  in  lier  hand. 

Mm.  Fi'ihdfir.  1  wun't  slic^v  them  without 
m}  lord's  |«prniissit»n. 

*Xn  C.J.  If  she  brinjfs  any  pa|HTs  that  are 
drawn  by  counst>l,  prepared  for  him,  \wthout 
doubt  it  is  not  to  lie  ullo^t  ed. 

Mrs.  Fitzharris.  No,  no  ;  it  is  only  my  own 
little  memonuuU^ 


and  marks  who  he  should  ehalleuge,  and  w|ia 
not ;  and  tnily,  my  lord,  since  I  had  the  psa* 


nel  upon  looking*  over  it,  1  do  find  the  si 
hath  returned  three  unaba^>tist  pix'achers,  aad  1 
know  not  how  many  fauatn^  :  And  since  tbtfl 
are  such  practices  as  we  find  in  this  c^e,  vf 
doubt  there  may  be  more  ;  and  theretbre  1  piff 
she  may  be  removed. 

Mrs.  FUzharrii.  1  will  not  be  removed. 

Fitsharru.  Is  it  fit  or  reasonable  for  me,  tbit 
I  should  stand  here  without  any  help  ? 

Ati.  Gen.  In  case  you  be  guilty  of  this,  Jii 
deserve  no  great  iavour. 

Mrs.  Fifzfiurris.  Surely  the  court  will  neur 
suffer  the  king's  counsel  to  take  away  a  uiap^ 
life  at  this  rate. 

L.  C.  J-  Mrs.  Fitzbarris,  you  must  givegwl 
woi*4ls  :  And  if  you  will  not  be  modest  and  cifi 
I  promise  you  we  will  remove  you  presently*  • 

Mi's.  FUzharrii.  if  you  do  remove  me,  tklt 
is  the  worst  you  can  do  to  me:  What  Bhould  I 
come  here  for,  without  I  may  helpmy  busbaiidf 

L.  C.  J.  If  she  do  bring  bim  insinidioil  |p 
except  aeainst  such  and  such  juiy-nUBp  m$ 
dors  misbehave  herself,  and  must  be  rcmwein 

Att .  Gen.  This  paper  that  we  lyeik  «f  jp  I 


STATE  TRIALS.  SS  Charles  IL  iG^l^Edtcard  FUA^rrU. 


[d3i 


he  pand  ;  and  there  are  particular 
^raatmanj. 

«.  A  woman  hath  a  Tery  great  priri- 
tMed  hor  bibbaiid ;  but  I  never  yet 
:  she  had  liberty  to  bring  him  instnic- 
|r  drawn. 

itgharrif.  My  lord,  the  lady  marchio- 
tnchester  diii  assist  in  tlie  case  of  my 
>rd,  and  took  notes,  and  gave  him 
ns  she  pleased. 

\  Sure  It  is  no  sn^h  huge  matter  to 
s  wife  stand  by  him,  if  she  will  de- 
•elf  handsomely  and  fairly. 
:h.  It  is  not,  if  that  were  all ;  but  when 
I  with  papers,,  instructed,  and  with 
directious,  that  is  the  assigning  him 
I  point  of  ihct. 

r.  Let  her  stand  by  her  husband  if  she 
But  if -she  be  troublesome,  we  shall 
Of  c  her. 

It  is  impossible  I  should  make  my  de- 
boot  her. 

'fferiet.  I  see  it  is  a  perfect  formal  brief. 
mk,  Mttit  he  ba^e  nothing  to  help 

In  riiort,  the  king^s  counsel  would 
Kfeawmy,  without  letting  me  make 

em,  I  desire  not  to  take  any  papers irNn 
bey  be  such  as  are  permitted  by  law. 
At'  Mr  lorri,  his  innocency  must  make 
ice,  ami  nothing  else. 
JigtricM.    My  lord,   we  are  in  your 
s  jodgrticnt,  whether  you  will  allow 


/.  Let  us  see  the  paper. 
liy  lord,  I  will  dditer  them  to  my 

J.  Letitbeso. 

O.    Call  sir  William  Roberts  (who 

fyear) :  Hir  Michael  Heneage. 

.  Hemeagt.  My  lord,  I  am  so  ill,  I  <*an- 

id  ihisoansie. 

J.  We  cannot  eatoiMe  you,  sir  Michael, 

be  not  enongfa  bemdes,*it  is  not  in  our 

leaDBose.you. 

\  Heme&ge.  I  must  suffer  all  things  ra- 

a  klK  my  health. 

J.    WcU,  stand  by,  till  the  rest  are 

f  Cr.  fUr  William  Gnlston,  Nicholas 
p  Charles  Umphrevile  (thf*v  did  not  ap- 
MmWiMman. 

9ei.  My  lord,  I  desire  he  may  be  a^ked 
feto  odfed  to  the  book,  whether  he  be  a 
i«  iD  MkbUesex  f 

r  Wttdmam.  I  am  a  pfOwcntor  of  this 
l«flbr  1 1VW  ft'  pailiament^man  in  tlie  luHt 
iils«BdI  me  not  appear,  my  lord, 
if  Mag  <rocsti<med  for  breach  of  tlie 
'*•  Ae  doamisas. 


My  lord,  I  pray  he  may  answer 
he  be  a  free-holder  in 


I  pray  to  be  eiensed,  unon 
;  I  was  one  of  them  that 


Att.  Gtm.  Are  you  a  free-hold«r  of  Middle- 
BOK,  unon  your  oath  ? 

L.  C.  /  Look  you,  major  Wildman,  you 
arc  returned  upon  a  [lannel  here,  you  have  ap- 
peared, and  your  appearance  is  recorded;  yoq 
must  answer  such  questions  as  axe  pot  lo  you  ; 
it  is  not  in  your  power  to  deny. 

Major  Wildman,  I  beg  tlie  excuse  of  the 
court,  I  cannot  serve  upon  the  jury. 

X.  C.  J.  If  you  be  no  free-hokler  the  law  will 
excuse  you. 

Major  M^/dimaii.  Perhaps  theremay  he  some 
estates  in  my  name  that  may  be  treehohk ; 
perhaps  I  may  be  some  trustee,  or  the  like. 

Ait,  Gtn,  Hare  you  any  fireehold  in  your 
own  right  in  Middknez  ? 

Major  Wildman,  I  don't  know  that  I  haw ; 
if  it  be  in  the  right  <^  another,  or  as  tnisteei 
I  take  not  that  to  be  a  iieebold. 
CL  of  Cr.  Call  Thomas  Johnsom 
Mrs.  FiUk.  Let  him  be  sworn,  there  is  no 
exception  aeainst'him. 

L,  C.  J.  UM  your  peace,  er  you  go  out  of 
court  if  you  talk  again. 

Mrs.  PiUh,  1  do  not  say  any  thing  that  ia 
any  harm,  my  lord. 

C/.  ofCr,  Hwear  Tliomas  Johnson :  yon  shall 
well  and  truly  try,  6cc. 

Fitzk,  Mylora,  I  pray  the  derk  may  not 
skip  over  the  names  as  tliey  are  letumed. 

CL  of  Cr,  8ir,  I  caUevery  one  as  they  ere 
inthepannel;  and  don't  do  eoe  wrong. 

L,  C,  J,  It  may  be  he  deeenet  &S\  them  as 
they  are  mentiOBed  and  set  down  in  the  pennel, 
for  all  hare  not  appeared ;  but  calls  thttc  whose 
appearance  is  recorded. 

CL  of  Cr,  I  hare  called  them*  as  they  are 
here  set  down. 

X.  C.  J,  Well  let  them  all  bo  called  for ; 
may  be  they  will  appear  now  that  did  not  appear 
before. 

CL  qfCr,  Maximilian  Beard. 
Mr.  Beard,  My  lord,  I  dnire  to  be  excnsedy 
I  am  Tery  infirm  and  very  ancient,  threescore 
and  fifteen  years  of  age,  at  least 

L,  C,  J.  Why  did  the  sheriff  return  ynn?  If 
you  be  of  that  age,  you  afaoukl  be  put  out  of 
the  freehoklers  book.  BvA  stay,  you  are  hero 
impanneled,  and  have  appeared;  if  there  be 
enough,  we  will  excuse  you. 

Justice  Jones,  He  oufiitit  to  have  witnesses  of 
his  age ;  ami  if  he  woulil  not  have  appeared, 
he  might  hare  had  a  writ  of  pri\iic^  for  hie 
discharge  in  reganl  of  his  age. 

L.  C.  J,  Well,  we  will  set  by  him  ;  if  there 
be  enougli  besides,  we  will  spare  him. 

CL  of'Cr,  Isaac  Ifouy^ood  (he  did  tiM  ap« 
pear) :  Lucy  Knightly  (who  was  sworn) :  Hen* 
ry  Baker. 

An,  04H,  My  lord,  I  challenge  him  for  the 
king. 

Fitzharris.  My  lord,  why  shouM  he  chil- 
lengehim?  I  desire  to  know  the  law,  whether 
the  two  foremni  should  not  try  the  challenge, 
and  not  the  court  or  the  counsel. 

Seij.  Maynard.  If  the  king  challenge,  he 
hath  time  to.  shew -eanse  till  the  pannel  oe  gone 

7 


935]         8TA1%  rsaJOA  93  CHAliLfeii  IL  iCif ^i 


bnl  if  there  wank  any  fStaag^  the  king  mutt 
•■hwrgoodcttrie.- 

•  GL  if  Gr.  Edward  PiPobjD. 

vltf.  GcM.  I  cfaalleitfe  himlbr  the  ldo|^. 
I     Ci.frCr.  Edward  Wafbnl(waf«worB.) 

.  FUiharru,  My  lord,  musk  not  Bir.  Attorney 
'  aheir  Ub  eame  now  r 

^     L.C.J.'  Look  yoo,  Mr.  Phzharris,  eidier 

ride*  may  take  their  exception  to  any  man; 

but  the  cause  need  not'be  snewn  tin  the  pannel 

'k  goae  timmgh,  or  the  rest  of  the  jarors  dial- 

:latead*' 

CLafCr.  John  Kent,  of  Stepney. 

Sin  Kent  My  k>rd,  I  am  no  freeholder. 

£.  C.  J.  Tlien  you  cannot  be  swiun  hiere 

*  «pon  thisjiiry  f. 

.    .CL  ofCr.  John  Wilhnore. 

Atl.'Gen.  We  challenge  him  for  the  king. 

FiiMkartu,   For  what  cause  f 
^     Seij.  Jejfl   We  will  shew  you  reasons  here- 
lAer. 

CLrfCr.  Alexander  Hosey  (was  sworn:) 
Giles  Hiute. 
t    -Alt.  Gem,  Are  yoo  a  fVeeholder,  Sir  f 

Mr.  SkmU,  No. 

Ait,Otn.  Mr.Whitakerisgotncarhim,and 
He  teiki  him  what  he  is  to  do,  my  lord. 
^KrsA.  Here  is  the  lieutenanl  of  the  Tower 
between  me  and  him. 

-  Scrj.  Jeff.  But  the  bar  is  no  fit  place  for  Mr. 
Whitaker,  he  is  not  yet  called  to  the  bar. 

CLqf  Cr,  Martin  James. 

Att,,Gen.  Are  you  a  freeholder,  SirT 

Mr.  Jame$^  Yes. 

Att,  Gen,  Then  swear  him,  (which  was 
done.) 

CL  of  Cr,  Nathanael  Grantham. 

AU.  Gen.  Are  yoo  a  freeholder,  Sir? 

Mr.  Grantham,  No. 

C(,  of  Cr.  Henry  Beiling^. 

Att.  Gen.  Are  you  a  freeholder,  Sir  ? 

Mr.  Beiiing.  Ves. 

Fitzh.  Then  I  cballeni^  him. 

CL  ofCr.  Benjamin  Dennis. 

Att.  Gen.  Is  he  a  freeholder  ? 

Mr.  Dennis.  No. 

Att,  Gen.  My  lord,  yon  see  what  pnicticcs 
here  are,  most  of  the  jury  arc  no  freeholdei'H. 

CLqfCr,  John  Preston,  f did  not  appear:) 
John-Viner,  of  White  Chapel. 

Att,  Gen.  He  hath  fetched  thorn  from  all 
comers  of  the  town  here,  yet  not  all  of  them 
freeholders  neither. 

CV.  of  Cr:  Swear  Mr.  Viner,    (which  was 

•  "  Here  the  Chief  Justice  did  not  shew  the 
same  favour  to  Fitziiarris,  which  lie  aftt-rwards 
shewed  to  count  Coiiiniifsinuik,  in  <lirpctjnjL»' 
him  how  to  make  tlK»  kiniy  sluvv  c.uiso,  l»v 
challengintr  all  the  rest.'*  Nut,'  ia  f(>rnicr  Edi* 
tiOD. 

t  "  In  lonl  Russell's  Trial,  '  no  frecliold'  was 
not  allowe<l  to  be  a  ij^kuI  cIkiIUtij;^-',  and  seve- 
ral, though  no  freeholilors,  \\fr;r  admitted  to 
be  sirom on  tho  jury.     The  liki'  iu  col.  fciidney's 
-  Case."    Note  in  former  i:idiiiou. . 


rt'fcr 


if 


I  »• 


dbne.)    WiMkm  WiNmn  (m 
liam  Clem,  (sipsni :) 
AbraiMHn'Gfcmik 

Ait.Gmi.J^ymlihBh9. 
.  BIr..Gft»siis.  Na 

CLrfCr.  limjJmm,  . 

AH.  Gm.  Ia h^UMMimf 

•Mr.  JlMMt.  No.- 

C/.(^Cp.  Ralph  Act... 

AH.  Gem.  Aakhhn.theMM 

Crier.  Are  yoala  fimbilte, 

Mr.  JWr.  Tea. 

Cl,efCr.   Thett 
dotie.)    SamoelFn 

AH.  Gem.  An  yon  a 

Mr.  Frr^M^.  Yok 

Att.Gem.  then  sirnr  Ua.'fMUb'iii 
done) 

CLifCr.  Gilbert UmwarOmnt-Mto 
(did  not  appear.)  EdwaidWatl^  .afimi^ 
nunsler. 

Att.  Gen.  Are  yon  afteehoUflr.  Wkt 

Wmiti.  Yest 

AH.  Gem.  Then  we  rhalhiy  jm  iflb 

kinf. 

CLefCr.  John  Bndriimr  af  Hatai.fH 
notappear:)    Isaac  Beadi  nf  Wi    ' 

freeholder :)    Edward  HuteUw  ^ 
•ter. 

AH.  Gem.  We  chaBenffs  Imn  ftr^teHMi 

C^efCr.  JohnLMAaernrWeM  ' 

Alt.  Gen.  Areyoaafirriinider? 

Mr.  Luckier.  Yes. 

Att,  Gen,  Then  swear  him. 

CL  of  Cr,  Connt  these.    Thomaa  h 

Crier,  One,  &c. 

The  names  of  the  twelve  sworay  ara 

Thomas  Johnson,  Lucy  KnighUey,  .S 

Wiltbrd,  Alexander  itosey,  Marthi  Jaasi^ 
John  Viner,  WiUiam  Withers,  Willtan  CkM^ 
Thonuis  Goffe,  Ralph  Farr,  Samud-Ito* 
body,  and  John  Luckier, 

CLofCr.  Edward  Fhzhanis,  hold 
hand,     (vontlemen,  you  Uiat  are 
ui>on  the  prisoner,  and  hearken  to  yonr  cbmii 

Fifzh.   My  lord,   I  humbly  heg  pcvt  Sf 
and  paper. 

L.  C.  /.  Let  him  have  pen,  ink,  and  pMr. 

CL  of  Cr.  You  shall  have  them .  prcacn&y; 
(which  were  ffiven  him.)  ,    ,    , 

**  He  stands  indicted  by  the  name  of  EdinH 
FitzharriH,  kite  of  the  parish  of  Sl  Martin's  ii 
the  Fields,  in  the  county  of  Middleaex,  ^snt.  Ar 
that  he  as  a  false  traitor  against  the  ntiort  ilhis- 
tiipus,  and  most  excellent  iirince,  om:  aoTUsyi 
lord  Charles  the  Second,  by  the  grace  of  .G«i 
kiii;^  of  England,  Scotland,  France,  and  Ire- 
Jaml,  his  natural  lord;  not  having  theftttrsl 
God  iu  his  heart,  nor  weighing  the  duty  of  hii 
allegiance,  but  \w'n\^  moved  and  sedycedhy  the 
inst^;rt>tion  of  tho  devil ;  the  io?e,  and  tmedne 
and  r.atural  obedience,  wliicli  a  true  and  fiutli« 
i  111  8id>ject  of  our  said  sovereign  lofd  the  kii^i 
towards  him  our  said  sovereign  lord  the  Iriwr, 
shoitld,  and  of  right  ought  to  bear,  whoHy  wi£* 
drawing ;  and  with  all  hi»  might  intenmw  the 
peace  and  common  ti-onquillity.  within  tiriiJiBf- 


''A 

■.  MB 


»7] 


STATE  TRIALS,  33  Charles  II.  iGsi.^Edward  Fdzharris.         [338 


Hnn  of  England  to  dbturb,  and  war  and  rebel - 
Ikm  against  our  said  80vcroi|^  lord  tbe  king  to 
stir  up  and  move ;  and  the  i^ovemment  of  our 
said  fio^ereiffn  lord  tbe  kin^,  >ntLin  this  king- 
dom of  Knglandy  to  subvert ;    and  our  said  so- 
Terpign  loH  the  kiiur  from  the  title,  honour, 
uhI  Tt'^  name  of  tue  imperial  croun  of  bis 
k'!i^d(im  of  England  to  depose  and  dcpriye ; 
and  our  said  sovereign  lord  tbe  king  to  death 
tad  tioal  destruction  to  bring  and  put,  the  !2Sd 
diy  of  February,  in  the  33nl  year  of  the  reign 
of  our  sovereign  lord  Charles  the  Second,  now 
Im^  of  England,  <Scc.  and  divers  other  days  and 
bcio,  as  well  before,  as  after,  at  tbe  parish  of 
8t.  Martinis  in  the  FieUb,  in  the  county  of 
Middlesex,  traitorously  did  compass,  imagine, 
tnd  intend  the  killing,  death,  and  final  destnic- 
tioD  of  our  said  sovereign  lord  the  king,  and  the 
iBrimt  government  of  this  his  kingdom  to 
daoge,  and  alter,  and  wholly  to  subvert,  and 
liiin  our  said  sovereign  lord  tlie  king,  that  now 
k  from  tbe  title,  honour,  and  regal  name  of  the 
imperial  crown  of  his  kingfloin  of  Kugland  to 
depose  and  deprive,  and   war  and   rebellion 
a^uost  our  said  sovereign  lord  the  king,  to  stir 
up  and  levy  within  this  khigdoin  of  England. 
Aiid  his  said  wicked  treasons  and  tniiu»roils 
nmpassings,  imaginations,  ami  purposes  afore* 
aid  to  fuitil  and  iierfect,  be  tbe  said  Kdward 
FitzIuuTis,  as  a  false  traitor,  together  with  one 
Ethnond  EreranI,  a  subject  oi'  our  said  sove- 
Rijni  lord  the  kinsf,  did  then  and  tlir-n*  tniitor  • 
OQsJy  asstemble  liunself,  meet  and  tronsult,  and 
die  suae  bis  trca*;ons  and  traiterous  compass - 
iap,  imaginations,  and   purposes,  then   and 
wre  to  the  said  Edatond  Everard.  in  the  liear- 
B^of  diVLTS  other  subjects  of  onr  said  sove- 
Ri^  krd  the  king,  oiK-nly,  malicinusly,  trai- 
^cnady.  and  adnsediy  spieaking,  did  publish 
^  deriare :    And  to  porsuud';  an<l  induce  the 
aiilEilmond  EveranI,  to  be  aidin'r  and  assist- 
■g[n  bis  said  traitorous  coinpussiii;^,  imagi- 
MliDiis  and  piir|)osfj«,  he  the  sniil  Edward  Fitz- 
kuTis,as  a  false  ti-aitor,  maliciously,  ad\isedly, 
ttdtraiterouslv  to  the  said  Edmoiid  Everard  a 
great  rewanl  tlien  and  there  did  ofler,  and  pro  • 
note  to  procure.      And  for  the  further  com- 
pktkig  of  his  treasons  aforesaid,  and  to  incite 
AeSD^cts  of  our  sai<l  sovereign  lord  tbe  king, 
u  one  man,  to  rise,  and  open  rebc;llion  and  in- 
nnection  within  this  king<Ium  of  Kngland  to 
cuse,  ggainst  our  said  snvt^n'iiifn  lord  the  king, 
ud  cor  said  sovereign  lord  the  kiif^  from  the 
ide,  honour,  and  regal  name  of  the  imperial 
to«D  of  his  kingdom  of  England  to  cast  down 
ad  de)K>se,  he  tlie  said  Edwanl  Fitzharris,  as 
fahe  traitor,  a  certain  most  wicked  and  trai- 
tons  libel,  the  title  of  which  is  in  these  English 
"onls  following,  "  The  true  Englishman  ppeak- 
ij  plain  Erglish,"  traitorously,  maliciously, 
id  advLse<lly,  in  writing  to  l)e  m»de  and  ex- 
«med,  did  then  and  there  caitse,  procure  aiid 
iblish  ;    in  which  said  libel  the  said   most 
icked  treason,   and  traitci*ous   com|.'i^ssins^, 
i&giniitions  and  purposes  afurebaid,  of  liiiirtlie 
id  Edwanl  Fitxharris,  to  excite  and  pci'su^de 
*  subjects  ot'our  said  sovereign  lord  the  king 

VOL.  VIII. 


of  this  kingdom  of  England,  against  our  said 
so^Tereiffii  lord  the  king  to  rise  and  -rebel ;    and 
our  said  sovereign  lord  the  king  from  the  style, 
honour,  and  r^^al  name  of  the  imperial  cro\ni 
of  this  bi3  kingdom  of  England  to  dejmve  and 
depose,  in  writing  are  expressed  anci  declared 
amount  other  things,  as  followeth :  **  If  James 
(meaning  James  duke  of  York,  the  brother  of 
our  said  sovereign  lord  the  king)  be  conscious 
and  ^ilty,  Chs.  (meaning  Charies  i?,  now  king 
of  Enj^hmd)  is  so  too,  believe  me  (meaning 
himself  the  said  Edward  Fitzharris)  lioth  these 
(meaning  onr  said  sovereign  lord  the  king,  and 
tlie  said  James  duke  of  York)  arc  brethren  in 
iniquity',  they  (meaning  our  said  sovereign  lord 
the  king  and  James  dtuce  of  York)  arc  hi  con- 
federacy witli  Pope  and  French  to  inli*oduce 
jjojierv  and  arbitrary  ^vemment,  as  their  ac- 
tions (meaning  the  actions  of  our  said  sovereign 
lord  tlie  king,  and  James  duke  of  York)  demon- 
strate.    The  parliaments  Mag^a  Charta  and 
Liberty  of  the  Subject  are  as  heavy  yokes 
tliey  *d  as  willingly  cast  off,  for  po  make  them- 
selves (meaning  our  said  sovereign  lord  the 
king,  and  tlie  said  duke  oi'  York)  as  absolute  as 
their  brother  of  Frauce.      And  if  this  ran  be 
proved  to  be  their  aim  (meaninj^  our  said  sove- 
reign lord  the  king,  and  the  aloresaid  duke  of 
York)  and  main  endeavour,  why  should  not 
every  tnie  Hriton  be  a  (Quaker  thus  far,  and  let 
the  English  spirit  be  up  and  move  us,  (mean- 
ing the  subjects  of  our  said  sovereign  lord  the 
king  of  this  kingdom  of  England)  all  as  one 
man  to  sell -defence  ?   Nay,  and  if  need  be,  to 
open  action,    and  fling  otf  those  intolerable 
riders  ?"   (Meaning  our  said  sovereign  lord  the 
kiug,  and  the  said  duke  of  York.)     And  in  ano- 
ther place  in  the^d  most  wicked  traitorous  libel 
an^  contained,  amongst  other  things,  these  false, 
siMitious,   and  tntiterous  sentences    in   these 
English  wunls  following.     *»  J .  and  C.  (meaning 
the  said  Charles  our  sovereign  loni  the  king, 
and  his  said  brother  James  duke  of  Y6rk)  butli 
brethren  in  iniquity,  corrupt  both  in  rout  and 
branch,  as-  you  (meaning  the  subjects  of  our 
said  sovereign  lord  the  king)  have  seen,  they 
(meaning  our  said  sovereign  lord  tlio  king,  and 
the  said  duke  of  York)  study  but  to  enslave  you 
(meaning  tlie  subjects  of  our  said  sovereign 
lord  tbe  king)  to  a  Uomish.and  French-like 
yoke.     Is  it  not  plain  ?  Have  you  (meaning  the 
subjects  of  our  said  sovcreign^lord  the  king)  not 
eyes,  sense,  or  feehng?    Where  is  that  old 
English  noble  spirit  ?    Arc  you  (meaning  the 
subjects  of  our  said  sovcnt^ign  lortl  the  king)  Ix;- 
come  French  asses,  to  stiti'er  any  load  to  be  laid 
upon  you  ?  And  if  you  (meaning  the  subjects 
of  our  stiid  sovereign  lord  the  king)  can  g<'t  no 
remeily  from  this  next  parliament,  as  certainly 
you  (m(  aning  again  the  sit^jjects  of  our  said  so- 
vereign lord  the  king)  will  not :  and  that  the  K. 
(meaning  our  said  sovereign  lord  the  king  that 
now  is)  it^pents  not,  complies  not  with  their  ad- 
vice, then  up  all  (meannig  the  subjcits  of  our 
soverei<rn  lord  the  king)  as  one  man.     O  brave 
Englishmen !  Look  to  a  our  own  delenec  \'W  it 
be  too  late,  rouse  up  your  spirits.''   And  in  ano- 


STATE  TRIALS,  33  Charles  II.  \6sl.—Profeed!ngs  agaSnU 


339] 

thrr  place  in  ttic  said  most  \\icke<l  and  traito- 
rous liln.^1  nit;  contnincd,  Jtinongfst  other  tliiug^, 
these  falsr,  K4*ilitioiis,  i\iu\  traitcroiis  senteiictnj 
in  ilwme  Fii^lish  wonls  lJ)ll("viiii»- ;  to  wit,  "  I 
(nicaniiii^  iiiiuscU'  tho  said  ECdward  Fitzharris) 
iviJl  only  add,  that  (ls  it  is  tlic  inidoni>tefl  ri"fht 
of  parliamcn*s  to  niaUe  a  la\\  .-.liair.st  a  |K))iis]i 
successor,  whi»  would  pw^  e  di\sti-iu*tivc  to  our 
)aw9  and  liberlies ;  so  it  i<i  their  imd'Mibted  ri^flit 
to  dtfthnmc  any  |>os«iessor  that  tbllows  evil 
counsellors  to  tlie  destruction  of  our  <2[t)vera- 
inent,"  (incanintir  the  provcninient  of  this  kiiisr- 
dom  of  Jbintrland.)  And  in  another  place  in  the 
said  traitemus  IIIk.^!,  an*  contained  these  Knglish 
wonls  follownn;; :  ^^  Theu  h-t  all  (ineaninijf  the 
subjects  of  our ''uid  sovemprn  Ion)  the  kin^  that 
now  is)  be  ready  ;  then  U't  the  city  of  London 
stand  by  the  parliament  with  offers  of  any  mo- 
ney for  the  nuiintainin*;;:  of  their  hberties  and 
reliiiion  in  any  evti'eine  %vay,  if  parliamentar}' 
courses  be  not  complied  with  by  the  kin*;  ;'' 
(nieanin;;  our  said  sovereii^n  lord  the  kn:^) 
atvninst  the  dn^v  of  their  alie;^iance,  and  a<<fainst 
the  p4>aci;  of  our  said  sovereijL^n  lord  the  kinj^', 
his  crown  and  dit^'uity,  Xc.  and  apiinst  the 
forhi  of  tlic  statute  in  tiiis  case  made  and  ]>ro- 
vidcd." 

Up'm  this  Indictment  he  hath  been  arraiirii- 
etl,  and  theivimto  hath  pleaded.  Not  (>uiUy  ; 
and  for  his  trial  hatli  put  himself  uiMin  CjihI 
and  his  country,  whieli  oinitry  yon  are,  .!s:c. 

Crirr.  ]\l:ike  ])roet;un:ition.  t)yes,  if  ai;\ 
one  will  jfive  e\iden('e.  Sir. 

Mr.  Hiuth.  3iiiy  it  pl«;»<e  your  lordship, 
and  v(Mi  •r(>iitlein(  II  of  the  .liir> ,  this  is  an  in- 
dietment  of  liiirh- treason  iiL;';iinst  Kd\v;ird  Tit/- 
han-is,  the  prisoner  at  tiie  bar  ;  and  tiie  indit-t- 
ment  s«;ts  f(,rth,  that  tin*  'ilst  td'  Ft  brnnry,  in 
the  y.'Jil  ytMr  <d"  iJie  kinc,  at  St.  !Martin's-in- 
th(t-Fielils,  he  did  eomp'i^s  and  iin:e_;'ine  the 
death  of  tlur  kiniifi  ^oid  to  rais4M«araud  rebel- 
lion within  this  kinufdrMn.  And  the  indictnieot 
diH*s  set  forth,  that  fur  ihe  aeeonipIi:dnnent  of 
this,  he  «!id  lUtt't  ami  -..ssenilde  with  one  K«l- 
inontl  K\enird,  anl  sivor;il  niiw«-<,  ;ij,(|  «)iO  (|is_ 
<M»\er  this  his  iv;i::(r()us  |.iii  p'»vie  to  t!ie  said 
I'Lventrd,  und  did  perNu;d '  Ivini  !•>  ai«l  inul 
a-jNisf  iluj-cin  •.  and  fiTereil  hlni  u"n -.il  rew ards 
if  I.;.'  wiiulil  i\\''  .st>.  It  fiirliur  s;^; ;  firlh,  'l'li;it 
for  tlu'  fuither  perfvetiiitr  «  f  this  r.i'nMMrt'.bh* 
iniP::ii:atii'n  «»f  lur  i>a:d  L.lwanl  Viry>:i-.Tis.  hi- 
did  fnune  :ind  niakf  n  treu-^unoMe  iih;-!«  ami  .he 
titi'.'  of  tlu*  lil>;'l    is,    '  Thi*   liu.'    Iv.iiiisluran 

*  spc;iKi:i;'"  plain  Kii;ilish  ;'  j'.  «i  i:i  th:.t  trcasj:i- 
ahii-  lihei,  nil"  tl.t  Si.'  ti'e:i*><»nable  words  coi:- 
taii't.il,  '  It  .l:ir.irs  be  t»nilt\'  (nu^i'.ni'iL''  the 
dnkiM.f  \  ml.)  'Cii'.'rU's'   (ineaniii;:'  tin.-  km^z) 

*  i.s  si>  :iM»,'  \-e.  And  the  'several  \\i>vil<  tint 
•liavi-  bi-r-n  rtiid  to  \t^w  in  tiiis  iniiic  t:i'.e:it,  are 
contaliut!  in  the  Miid  li'>;  i.  which  1  .>^h:ill  not 
repot.  'I'd  this  iiidietmt'tU  he  hath  phaded, 
^^^t  Ciuihx  ;  if  \*e  pro\e  it  npt»n  him,  ^cui  are 
to  find  hiin  ir<'i'>t\ . 

Scrj.  Mai/iiani.  May  it  please  your  lonl- 
ship,  tndy  it  is  a  sad  thini;  to  iH)nsidcr  how 
many  hav«  been  found  guiity  of  plotthig  against 


[3«0 

the  kin^,  but  none  have  gone  so  iar  as  Che  pri- 
soner ut  the  bar :  for  they  desi^pied  only  his 
death  ;  but  this  person  would  ha? c  carried  on 
Ills  treason  by  a  means  to  slander  him  while  he 
was  alive,  anil  tliereby  to  excite  the  people  to 
such  a  rebellion  as  you  have  lieanl.  1  shall 
add  no  further  words ;  the  thing  is  not  agn^- 
vatablc,  it  is  so  {i^reat  an  offence  it  itself;  b«it 
we  will  call  our  witnesses,  aiul  £(0  to  our  proof. 
Alt,  Gen.  My  l^ird,  yesterday  you  had 
here  the  primate  of  Ireland,  who  was  found 
j^tihyfora  notable  hiri^h -treason  in  IreUnd: 
you  tiave  now  tliis  day  before  you  one  of  his 
emissaries,  who  Ls  come  over  into  England, 
and  who  has  here  conmiitted  one  of  the  niost 
exccrabk'  treasons  that  fay  er  was  brought  into 
a  court  (d'jnslice ;  1  must  needs  say,  that  it 
will  appear  to  all  tlie  auditors  this  day,  that 
here  i.>  the  highest  improvement  of  the  I'Opish 
Plot,  ami  ap^jp^vated  with  such  circumstaiices, 
as  shew  th^y  ha\  e  out-done  themselves  in  it. 
Hitherto  those  cases  that  have  been  brought 
into  judgement  bef<ire  you^  ha\e  betm  the  at- 
teni))ts  u|ion  the  hfeof  the  king,  in  instanoesef 
either  sliootinuf,  stubliini^,  or  poisoning:  I  ny, 
hitherto  they  liave  gone  no  further  than  M 
pniclise  these  thing's,  and  that  by  |K>pish  handSi 
tiiey  have  kept  the  pb>t  amongst  tficniseh'ei ; 
but  now  they  have  gone  one  step  further,  diat 
is.  by  attempting  to  prtison  all  tlie  Protestanti 
of  I'jit^land  as  nun  h  as  in  them  lies,  that  they 
^hoiibl  by  their  own  hands  di-strox  one  auotlier, 
and  thi-n-  It^^fnl  prince;  tluit  is  the  tn*ayjn 
nou  lKrf4»re  yon  ;  and  I  take  it,  with  subniis* 
>ion,  they  i\\\\  <>d  ii4»  fnilluT.  For  it  is  im- 
possible  to  arise  to  a  higher  piee<»  ut'  mafioe 
and  vilkiiny  than  to  set  the  peopled  hearts 
a^^ainst  their  )u'iiK-e,  and  to  st>t  them  together 
})>  the  ears  one  airain.'^t  ai«other.  Tliis  wesbaH 
I  ]iro\e,  in  the  course  of  ouv  evidence,  to  be  the 


I  di'sii^^n  of  the  prison*  r  at  the  bar.  The  genenl 
,  il'sjon  h:ith  lK»i'n  opened  to  \on  out  of  the  in* 
(li^lnnMit  to  kill  and  destroy  the  king,  and  to 
depos(>  him  from  his  i;:o\ enuiient ;  and  neshall 
eharire  him  with  all  those  several  ovi?i't<a(1s, 
which  1  slnll  open  to  you  :  First,  screrd 
me<'fin«r<  f<»  eniisnh  ahont'thi\  matt*>r  at  (iray*l 
Inn  am!  scvnnl  other  places;  uhich,  my  Ion, 
I  I  think  tiirve  is  no  (pie^Mion  to  l>e  made,  butil 
I  an  overt  a*  I  tri  make  hii^h  iri-.^-tm.  We  shiH 
j  «r(*  fnrlii>  \\  and  shew  that  these  dt^^igns  he  ha4 
I  to  depo'ie  tiic  king,  and  rai^e  his  pt^tple against 
him.  he  dcHS  dee].)ie  openly  to  Mr.  HtcranI; 
!  whieli  is  another  overt-act  within  the  new  irti* 
tnle.  U  e  shall,  my'  lord,  go  further  yet,  ami 
jjro^e  the  great  rewanis  he  hath  otfiTCil  t»  Mr. 
!  ivverard  for  joining  with  him,  and  being  agist- 
ing to  him  in  this  all'air,  part  in  ready  iwinqr, 
'  aiul  part  in  annual  pension.  And  iriPreyoflf 
I  lonisiiip  will  find  where  the  spring  is,  Vrsi 
'  whence  all  thes^  mischiefs  arLs<',  scmic  tbrrifli 
'  iiowiT ;  biu  the  Papists,  the  ]»riests  arc  at  t&t 
I  bottom  (d'  it',  they  are  the  persons  that  Ml 
him  on,  and  these  must  draw  in  a  great  utriH 
bc;v«vnd  sea,  who  must  rewanl  this  gentWinM. 
for  being  a  ]iartner  in  this  plot.  And  n-e  tkA 
prove  some  money  jiaid  hi  hand.     Bui  thw* 


C-;i}  STATE  TRIALS,  33  Charles  II.  1(>S1.— EAmrrf  FtUharris.         [31'2 

my  Ir^nl,  that  which  was  the  cflfert  ot'this  <«on- 
v.ilt,  is  f  he  training  this  pcriiirioiis  libel ;  tor  so 
gill*  ine  leave  to  call  it. 

My  lonl,  the  inilif'tinpnl  is  modest,  but  wlu*n 
\on  roiue  to  hear  the  liM  itself  reud,  yon  ^vill 
riml  it  so  ;  and  it  was  not  pnidciire,  th.-.t  so  vih* 
a  thin^  i^lmuld  ap|»ear  upon  record.  And  irnly, 
I  Mif.'»e  in  a  IVotestanl  kiii<;doin  it  is  tin*  first 
itipnipc  of  this  nature  that  €^rr  was :  For,  my 
M,  it  istn  defame  the  whole  royal  fainily,  it 
is  tr>  stain  their  Mood,  and  to  make  them  \  ilf 
ntlie  Kis^it  r»f  the  whole  kiii^loin,  and  of  all 
pnderity .     3Iy  loni,  this  HIk'I  in  its  particidais 
Hiinjftii  that  'ni«n»t  excellent  and  iiuioccnt  p«T- 
f>i!i,riur  late  ami  never  to  lie  foi-^tUn  sftver'.'iirn 
kin?  Charles  1,  to  he  the  author  of  the  Irish 
ivMIiftD ;  it  char^rt  s  onr  present  prince  u  Itli 
iLeeTcrciiie  of  arhitr:iry  i;«»vennn(iit,  to  he  a 
l^|ii>t,  to  be  a  |Krson  that  deprives  his  sub- 
jects oif  all  manner  of  I  bi»ri  y,  and  pn»iHrty  ; 
Hinpivtts terms,  ilclnip^  s  him  with  this,  than 
vkira  oothinsr  csiu  he  nifuv  false:  fi.p  there  is 
wte  of  his  SHhjcrls,   I  lliiuk,  hut  miM  s:iv, 
Max  our  lU'ist  {vraeions  priiier.  tor  the  time  he  I 
harii  m^rnetl.  niuy  vie  withtiu'  iM'st  'JO  ye-us  j 
flfuyot'hi*!  |inMlecesM»rs,   for  the  prtsM,\iim  j 
tWl&erty  and  |»n>perty  of  the  peojde,  f«.r  i^iv-  = 
issmprare  ami   plenty  alt  our  time,  lor  the  \ 
pemiitinGr  ^'^^^  secnriu:^  to  tiuiu  the  fne  cm-- 
Rctof  the  law,  and  liir  sccminir  thtir  ci\il 
iBii  rprii;inn!«  riifhts. 

NylrinU  when  we  lir.ve  ffoi.c  tu-nn«^h  tlie 
mirDC«  about  the*  contextuic,  and  this  liU'l  is 
pad  ind  produced,  we  sli.ill  prove  the  desio^n 
■fit.  and  how  it  was  franud,  atid  the  eyes 
^fftliPworhl  will  hi*  (»|»enc<l,  and  you  will  sic 

iJUtthk  was  no  intention,  uo  enjxiiie  tVan.t  d  lo 

trtfta,  cr  ensnare  any  pvivatf  pei-s'>n,  or  as  it 

«ii<«Cfteth-  hr"itefl  uhm.'ul,  t(»  be  put  in  such  : 

iwraV  par^-c-ts  ;    but  a  pieee  of  the  ^ri .UtM 

Narfcnr«4lian  j»nlicy   that  ever  was  iuvf  nt«  d 

■MfprrparMl  fcir  a  jiubiic  pn-ss,  as  a  cattiolic 

f«iion  to  infect  all  the  kiii:,''s  Kuhjwts,  aiiil  ex- 
cite tbiin  one  a;L>  ainst  another, 
ilnd  we  shall   pro%ethut  this  person,  in  the  j 

•i-rrral  methods  that  I  ha%e  oprniHl,  haih  pr(»- 

(ftiM  to  accomplish  his  iraitei-ous  desij^nsof 

Mroninj;  the  kin;;:  nay,  he  hath  said,  it  is  i 

lonlted  ainon>f  them,  ncW  that  noihinyf  <'!s" 

«in  do  it  but  tlie  poisoninir  the  In  arts  of  thi 

Mile  with  hatred  to  their  kin«;,  and  maliec 

ifunsl  one  another.  And  uhen  we  haie  pi-ove<l  . 

the  matter  fully,  throu^rh  all  the  parts,  we 

■wt  leave  it  to'tbe  jury,  wh(»,  I  cjuesiiou  not, 

«3  do  theiDselTes,  anil  all  other  Proteslants 

li^  aa  well  ax  their  prince.     Ue  shall  iiew 

p to  our  evidence,  and  first  we  will  cull  Mr.  ' 

Evmid ;  but,  my  loi'd,  I  Hf»tdd  (»nly  first  oh-  . 

■neto  you,  that  thin  «;entlema:i,  Mr.  Fir/- 

kmi,  ami  Mr.  Everard,  were  Inith  wnployed 

illbe  French  kiuji^^N  service,  and  then*  ac- 

fMMid  fnfi^ther.     Mr.  Kveranl  canie  early 

iC   and  became  a  Protestant,   lea>iM;r   the 

fmgkk  kinip's  i«rvice,  bet^ansi?  lie  found  their 

~  pbtH  and  defnqfns  upon  England.  Then 

Mr.  Fitzharris  to  him,  and  bf*caiis(?  Iir; 

npon  Mr.  Everard  not  lo  be  revi  arded 


acc<irdin5C  to  his  ineriis,  imit«>s  him  over,  with 
teliin'jf  him  those  thini^that  the  witness  him- 
si-lf will  tell  you,  back  a^j^ain  to  t!ie  Friiuh 
interest. 

Then  !>Ir.  Kci  raid  was  Mvoru. 

Fitzharris.  Look  me  in  the  face,  Mr.  Eve- 
rard. 

Everard.     I  \mII,  Sir. 

jttl.  Gen,  Will  you  aei|uaiut  my  lonl,  .nnd 
thejtiry,  how  you  came  first  accpiuijilcd  with 
the  prisoner,  and  then  Irll  the  se\t'ral  pass".p  s 
lietwceii  you. 

Sid.  Oiti.    Tell  yur  whole  knowlcdi^r  of 
this  matter. 

F.rerard.  My  loni,  1  came  acquainted  with 
Mr.  Fitzharris  beyond  si*as,  when  mc  were 
bi»th  in  the  French  kin<^^s  service,  and  on  vtm- 
ference  with  him  of  late,  »'s|M'<Maliy  about  the 
bejriiiniiitr  of  |«\.|inijiry  last,  he  renewed  hisac- 
fpiaiiitanee,  thouirii  ai  several  times  lief  ore  we 
had  sevend  di«eour*ies  when'of  I  did  net  take 
miich  notice,  hut  in  tiiosc  mertipjjs  in  Fchruary 
l:)st,  audio  thosf  xisiis  In;  prjid  me  then,  we 
had  M\eral  discourses ti'i'idint^  t'»  n.'pnrsc'iit  the 
disad\ama<4t^  nud  sutiiriivj^  I  sr.^.taiued,  tor 
adhering;  to  the  piotestanr  :.iiii  Kri^iKh  inttn.'sT  ; 
and  hewjili^s  comparlnir  in  i!n  oiIht  balance, 
what  a(Uantai;es  I  niii;'ht  exncet  if  I  would  rc- 
inj;»Talialemysdf  ii.lo  their  inlcrest. 

L.  C.  J.  \\  hat  ii:tLi\'st  ? 

Jlttrf-rd.  The  I*ren<*h  and  the  popish  lUte- 
iTsi,  And  iht  re  wus  an  oppoiiunity  in  my 
hand<.  therein  I  mi;»hl  Ik;  wrviceable  to  mv- 
self  and  others  ;  and  he  ndd  me  there  were  se- 
veral persons,  auuniir  whom  were  wnne  par- 
liment  men,  that  did  adhere  to  the  French 
iuioi'cst,  and  ^Ave.  an  uecoiuJ  to  the  French 
andKi^isador  of  e\ cry  da\  's  pnicetnlinifs  :  Ami  a.-* 
I  was  looked  upon  to  ^k*  the  author  of  a  kind 
of  jiamphle%  that  was  call(>«l,  *•  An  Aii^^wer  to 
*  the  Kuiif's  l)e(laration,conccrnin<r  the  Duke 
^  ('f  M"(. month  ;'  therefore  I  should  be  fit  lo 
S'r\<-ilicm,  es|»«»c!nn\  t(»  make  suih  anoilur 
oamphlet  to  redect  u|Kin  thr  klnt;,  and  alienate 
niui  from  his  peojtle,  and  his  people  from  him 
U  h(  renpou  I  tobi  him  I  woubl  do  any  thini^ 
that  was  tor  my  true  interest,  but  I  did  con- 
cei\ewitli  mw  If,  that  that  was  none  of  it. 
Ileappointnl  a  time  when  we  should  meet 
ajifaiu  ;  hut  I  sent  l-im  a  note,  I  could  iit»l  nteet 
iM>ssil)lv  that  (lav.  which  was  !\londa\,  as  I 
rrmendNT  the  lilM  of  February  :  Ilowi-vcr  he 
was  iin|iatient,  and  came  to  tut ,  and  told  me  lie 
woubl  iri\c  me  h<>ads  and  instructions  tendinif 
to  that  pamphb:!  I  ua>  to  wn.;*,  to  «:candali/e 
the  kii<«T,  and  raise  a  iibellion,  and  aiicnat:-  the 
hearts  of  tin*  kini:<i<-!ii,  ah-i -et  the  pe<iide  to- 
ilet hi  r  by  tlu' ears.  I  fron  thihhe  ;*a\enu^>=<>mc 
liead<b\  woni  of  mouth  :  .V-  s««oii  as  \  pailtd 
Immhim,  I  met  with  oni>  Mr.  Savi!c  uf  l.in- 
coln's-lnn,  and  as  ^um\  as  I  iiict  vitlihini, 
I  ac(|i!ahit«d  him  with  what  w.iv  pas«fd,  and 
toM  him  I  wished  rather  *v.;*i\  In/.  1  had  inef 
him  soontM-,  half  :iu  horn*  h" 'or;-,  ^^h\.  ul.at 
is  the  «  ecasion.  --.i  ,>  lie  Y  ^^  hy.  sjiiil  Kthen-  is 
a  (KTSou  ihut  huth  hudbuchaiid  such  disceuri>e 


343]  STATE  TRIALS,  33  Charles  II.  l68l. -^Proceedings  agakui         [344 


with  me,  and  oneof  liis  main  errands,  amnnp«t 
othcra,  is  for  nie  to  write  a  scandalous  libel 
reflecting*  upon  his  majesty  and  the  jc^ovpi'n-  , 
mrnt.  And  u]K>n  this  I  snid,  Mr.  Saiilc,  I 
shall  not  confer  wiUi  him  any  further,  unless 
I  have  somebody  by  to  witness  ivhat  he  says  ; 
he  speaks  most  com^nonly  French,  and  some- 
times Kn^lLsb,  and  tVierefore  it  must  be  one  ! 
who  understands  both  tlie  tongues  well.  So  we 
went  into  the  city  tof^ether  that  ailtemoon  to 
one  Mr.  Crow's,  who  is  a  silkman  in  Qneen 
Street ;  said  we,  Sir,  you  are  a  moderate  im- 
partial man,  and  umit^rstanf I  French,  we  desire 
ynu  will  be  prrsiint  to  o^er  hear  some  proposals  ' 
tliat  are  made  to  me  tfiidir.'^  to  set  our  e«»untrv 
together  by  tlie  ears,  and  lie  conies  fmm  n 
popish  party.  ]\Ir.  Crow  sai«l,  he  would  be 
wilHng  to  undertake  any  ih  n<»-  io  sen'e  the  |.ro- 
tesLint  English  interest,  but  he  would  not  mi- 
dertake  to  speak  French  so  well  as  to  be  able 
to  imderatiuid  all  nice  p;issagcs  and  words 
that  might  he  proposed.  And  then  3Ir.  Savile 
and  I  went  to  Mr.  Smith  a  Durham  gentleman, 
and  made  him  the  same  proposal  1  had  maile 
Air.  Crow,  desiring  him  that  he  would  c<mie 
and  overhear  our  discourse,  and  1  would  place 
him  in  a  fit  place.  Mr.  Smith  assente«l  to  the 
propositions  and  said  he  would.  Mr.  Smith  asktnl 
me  what  day  and  time  we  were  to  meet ;  I  told 
him,  to-morrow  at  si.\  or  He^  enoVlock  at  night  at 
mvchamlKTin  (Jrsivs-Tnn :  Uutturther,  he  Mii<l, 
we  must  have  other  witnesses,  for  one  ^\itiiess 
Viouhl  not  be  sufficient ;  so  \vv.  went  to  the  Ex- 
change Coffee -house,  and  there  wcmel  with  sir 
William  Waller,  to  whom  we  niatle  the  same 
proposal,  that  since  we  innsi  have  stmie  ll»at  un  - 
flerstootl  French,  and  kivp  the  thing  seci-et, 
t:]|  it  were  time  to  have  it  come  out,  he  would 
plt*'isc  to  undertake  it.  Sir  William  A\all€T 
|n'onii'2odto  come,  hut  failid  the  first  met-ting, 
whidi  was  to  ho  on  the  Tuesday  ;  then  we 
went  to  anothiT  Fn*neh  m-jn'haut,  who  was 
prO|3o.seJby  Mr.  Sa\il;.',  hut  he  was  not  within  : 
So  then  we  must  nly  on  one  witness  for  tliat 
meeting.  Mr.  Fit/liHrris  was  to  meet  me 
a!M»ut  two  o'clock  at  my  ehamlwr  in  Cray**;- 
Inu,  where ^Ir.  Smiih  and  Mr.  Savile  wore  to 
miet  likewise,  and  Uu'v  carne  first  tothetavorn 
just  at  the  corner  »)f  Fn!ler*s-l{ents,  which 
h-.-.th  a  prospect  into  the  court :  And  from 
thence  I  ."^uw  Mr.  i'ltzharris  in  the  court  point- 
ing to  another  gentleman  that  was  with  him,  up 
to  my  cluunber,  and  he  was  walking  suspiei<»ns|y 
up  and  down.  Then  I  went  out  of  llic  ta\iTn, 
and  caiiie  un  to  my  chambtT,  nnd  after  {:  little 
while  capU\in  Fit/liarris  came  up  to  my  r<»oni  ; 
I  pl.iced  lilni  in  aniither  room,  where  m\  wife 
was,  aiid  shut  the  door  to,  whilst  I  si-nt  word  to 
Mr.  Smith  to  coine  into  the  cuUer  room  and 
shut  himself  into  my  cl'ist'l.  There  was 
Mr.  Smith  in  the  closet,  and  there  was  an  hole 
or  two  for  the  purpose  made  thnaigh  both  the 
planks  of  the  boanU  and  hangings,  but  the 
nanijfings  hung  over  the  hole  that  it  might  not 
be  discern<(l  by  Mr.  Fitzharris  ;  and  \w  could 
raise  it,  and  tlien  see  who  was  in  the  room,  and 
hear  their  words;  ibr  I  placed  luy  chair  towards 


the  closet,  which  had  an  an|^  oatwards,  and 
now  and  then  I  did  stand  against  the  hole,  and 
now  and  then  Bat,  to  givelVJ^.  Smith  aidrantage, 
amltfi  give  Mr.  Fitzharris  no  suspicion.    W hen 
we  were  so  placed,  Mr.  FitzhuTiB  asked  me 
what    I    had   done   as  to  the  thing  propos- 
ed, this  libel  that  I  ^vas  to  draw  up  ;  1  said,  I 
was  busy,  and  had  not   been  able  to  finish  it ; 
but  here  are  some  heads  of  it,  said  I,  and  shewed 
him  half  a  dozen  lines  drawn  up  toother ;  and 
when   I  had   read   them,  Sir,  said  I,  is  this 
your    mind  ?  Ves,   said    he,   but  I  must  add 
much  more  than  this  is  to  it.    Then  Mr.  Fitz- 
harris procecfled  to  give   me    further  instmc- 
tionvi ;    and    so    I'epeatcd    what    instructioni 
he  had  gi^en  me  before,  tliat  the  king  and  all 
the  n>yal  family  must  be  traduced  to  be  po- 
pishly  and  aibitrarllv  inclineil  from  the  be^- 
ning,  that  king  Cuarlcs  1  csiiccially  had  aa 
ha  ml  in  the  Irish  rebellion,  and  that  likewise 
king  (.'harles  'i,  .that  now  is,   did  countenance 
the  ^ame,  as  did  ap|>ear  by  his  promotinff  thois 
very  otiicci-s  that  Avere  hi'  the  Irish  rcbellioii, 
Fit/- Gerald,  Fitz-Patrick,  and  Mont-Gamt, 
which  should  be  uanuHl  m  the  libel.     Beudes 
that,  the  act  made  at  the  king's  coining  in,  for- 
bidding any  to  call  the  kinj^  papist,  was  merdy 
to  stop  |>eople\s  mouths,  tliat  they  should  aot 
(^11  him  a  papi^^t,  when  he  should  incline  ta 
further  popery,  and  did  intend  by  his  actions  sa 
to  do.     And  lK>sid(?s  his  adhering  so  closely  to 
the  (hike  of  York's  interest,  was  to  he  anotbrr 
argnment  of  it,  his  hindering  the  duke  of  York 
t'rcnii  coming  to  his  trial,  and  tu  he  proceeded 
against  by  the  parliament,  and  hiuderin<£  ths 
otlicers  that  wen;  put  in  hy  the  duke  of  lork 
from  being  crast  out.     .Anoilur  argiiinont  uss, 
l»ecanse  those  privy  connsrllors  and  justkxisof 
the  peace,  that  (!)•!  adhen*  D  the  Protestant  in- 
terest, w(?ivtjirin.-.l  out  ot'pll  places  of  trust; 
iuul  besides,  he  suid,  it  did  a|,pear  to  the  peopb 
eoiisi'fiueutly,  that  the  king  was  conscious  to 
himself,  that  he  was  as  o'uiltv  as  his  brother 
and  was  as  much  a  papiist  as  Iiis  brother,  audit 
was  in  the  people's  power  as  wtrll  to  depose  t 
pivscnt  popish  |>osve8sor,  asajiopishsuccesaor; 
:Mid  that  the  |)eople  inu>t  he  stirred  up  agaiail 
him,  nnd  encouifiged  to  blow  the  trumpet,  and 
esperiully  that  the  city  and  common  council 
must  be  encouraged  to  stand  by  tlw*  parliaineut; 
and  seehig  the  king  was  snch,   that  no  hopa 
was  to  be  had  of  the  purliaineiit  at  Oxon,  mf 
weiY>  boun<l  to  pro\  ide  for  thcmsches  and  li 
advance  some  hundreds  or  thousands  of  poonfl 
to  the  parUament  to  settle  the  Protestant  rdi> 
gion  w  iihout  the  king,  if  pnrliamentary  vnji 
would  not  succeed.     ThcM;  were  some  of  tb 
instnictions. 

At(.  Gen.  Did  he  say  any  thing  thatdlf 
abrnit  a  reward  you  should  haVe  ? 

E'ocrtird.  He  spake  in  tlie  general  aboot  ^ 
reward,  but  he  spoke  more  fully  to  that  thi 
(kiy  aOer  ;  he  did  not  then  come  so  mueh  l| 
particulars  :  then  some  part  of  those  instrflOt 
tions  I  writ  in  my  table-book,  which  is  p9^ 
duced  here,  and  iithei-s  of  them  in  anahl 
scroll  of  paper.    Uc  then  desired  to  koov  l| 


STAT£  TRIALS,  33  CHARLfis  II.  iGSU^Edward  FitiMrns. 


[546 


n  the  scheme  of  this  things  would  be 
aid  I,  you  may  come  to-morrow  ;  I 
rs  he,  come  about  six  or  seven  o'clock  : 
remn<;.     In  the   mean  time  I  writ  a  | 

sir  William  Waller  in  French,  wliich 
y  a  porter,  and  therein  I  f^uid,  Sir,  you 
ssed  a  g^at  opportunity  of  rendering  a 
nice  to  the  king,  by  not  coming  to  sec 
H  vou  were  expected  ;  for  the  person, 
ich  emisvary  whom  I  s|Kike  of  to  you, 
>poscd  very  scandalous  seditious  thm^ 
ilKen,  and  thcret<:rc  I  desire  yon  not  to 
^u  tender  the  kiof^'s  interest,  to  eonic 
[lumber  at  six  o'clock  at  night.  Sir  \\"i\- 
dlcr  rccfMvcd  my  letter,  and  came  thi- 
9nlin<;ly  ;  I  placed  sir  AVilliani  Waller 
er  room,  and  I  placed  my  own  chair 
-ow  table  near  the  pkice  '\^  here  sir  AVil- 
dler  was,  and  there  lhrou<;'h  the  wains- 
hangings  we  made  a  silt,  whereby  sir 

Waller  might  see  into  the  next  n)4im 
Ir.  Fitzharris  and  1  s:it :  l:ut  before  1 
liin  there,  I  shewed  sir  >Villinm  WnHer 
ies  of  the  instructions  for  the  libel  drawn 
lid  I,  Sir,  here  arc  two  copies  ^^hieli  are 
i  ssame,  and  I  desire  you  to  counter- 
lem,  that  you  ma}'  know  them  again, 
teby  see  what  alteration  uiil  be  made  ; 
tare  no  blots  now,  and  by  that  you  will 
altcTation.  Sir  William  Waller,  while 
rk  i%a5i  turnetl,  counter- inai'ked  those 

I  went  into  the  next  room,  and  1  had 
9  lon*j:  there,  but  3Ir.  Fitzharris  cauie 
bced  the  table  near  the  alcove,  where 
lUam  Waller  ^'as,  within  his  hearing 
mg.  Mr.  Fitzhams  asked  mo  what  1 
■e  in  the  business  :  Sir,  said  I,  here 
I  eopics  of  it,  pray,  will  you  see  how 
s  it  ?  So  he  took  one,  and  I  took  klic 

JtgerUi.  >Iy  lord,  1  must  intemiptthis 
■an,  for  I  see  they  continue  to  give  the 
r  papers. 

kirriMm  It  is  only  a  paper  of  the  names 
•ilnesses. 
*.J.  Goon, Sir. 

vrrf.   My  lord,  captiin  Fitzharris  did 

le  copy  or  this  pamphlet,  and  did  amend 

did  add  some  things,  and  struck  out 

linms :  then  said  I,  Is  this,  sir,  according 

r  lifiiup  ?  Yes,  says  he,  but  1  must  add 

nw,  ror  it  is  not  yet  full  enough  ;  but 

B,  Uhs  nost  be  fair  copied  out ;  for  it  is 

Fiench  embassador's  confessor  to  read, 

•■Id  present  it  to  the  embassador.  Upon 

aid  him  it  should  be  done  against  the 

nf ;  but  in  Uie  mean  time  1  tokl  him, 

very  treasonable  things,  and  this 

project.    Oh,  said  he,  the 

the  better,  and  that  will  do 

kHhrtto.    What  is  tliat.  Sir,  said   I? 

L  ^^fg^  he,  to  set  these  people  together 

%  vdkeep  them  clashing,  and  whilst 

i  m  dashing,  and  mistrusting  one 

li  FkcBch  wall  gain  Fianders,  and 

1%  we  shall  make  no  bones  to  gain 

1^    J^ntf  Vi  said  I*  you  spoke  of 


some  recompence  for  me,  what  shall  I  hai-e  for 
venturing  this  P  AVhy,  sa\'8  he,  after  this  liUil 
is  delivered  up,  and  that  hath  gotten  you  their 
confidence  that  you  are  tnuity^  then  I  will  gain 
the  French  confessor,  who  is  very  shy,  and 
may  so  well  l)e,  because  one  of  the  confessors 
of  an  embassador  hath  been  already  trepanned 
upon  such  an  occasion.  Therefore'  he  is  very 
^-ary,  but  he  nmst  have  an  assurance  under 
your  hand,  which  he  shall  have  by  tliis  libel ; 
and  then  in  a  lew  days  you  shall  have  forty 
guineas,  aall  a  monthly  pension,  which  sliaU 
b;'  >jonie  thousands  of  crowns  ;  for  my  master 
the  French  king  is  not  a  nigganl  as  to  these 
things.  The  Spanish  embassador  is  so  very 
niggardly  and  iieuuriuusa  man,  that  he  cannot 
keep  a  table  ;  but  said  he,  you  shall  be  well  re- 
warded by  the  F.oncb  king  ;  and  be  not  dis- 
f;ouragefl  by  the  danger,  lor  I  am  in  as  great 
danger  as  you.  After  some  such  instructions, 
and  encouragements,  that  Mr.  Fitzhnrris  gavo 
to  go  un  in  the  work,  he  departel ;  and  I  cannot 
well  call  any  thing  to  mind  of  more  particulars  ; 
hut  uuou  (piestions  askc<l  me,  perhaps  I  may. 
Hut  then  at  that  lime,  t»r  the  next  time,  captain 
Fitzhanis  gave  me  half  a  sheet  of  (taper ;  for 
I  told  him  I  may  chance  to  forget  iiart  of  your 
instructions,  tiierefore  pray  write  what  is  your 
mind  ;  and  in  that  paper  he  writ  down,  that  it- 
was  in  the  peo|de^s  jiower  to  depose  a  popish 
{possessor,  as  it  was  to  oppose  a  |)opish  suc- 
cessor, and  certain  other  treattouuble  heads: 
the  half  sheet  of  paper  Ls  to  lie  pn>duced  in  the 
Court,  under  his  own  hand,  which  he  hath 
confessed,  bc^ifles  other  ti^easonable  instructions, 
that  he  gave  me  by  wonl  M'  mouth.  But  he 
at  tliat  time  departed,  and  came  the  next  day 
to  have  a  copy  of  the  treasonable  libel  UTit  out 
fair,  and  pn>mised  me  to  meet  at  the  Boarded- 
House,  where  we  usually  met  in  HoU)om  at 
Mr.  Fashion's  ;  an<l  I  did  there  come  and  de- 
liver him  a  copy  of  tliis  treasonable  libel,  and 
he  said  I  should  hear  in  a  few  days  from  him, 
and  should  have  a  recompencfe,  and  this  should 
he  but  as  an  entrance- business  ;  for  I  should 
be  brought  into  the  cabal,  where  se\'cral  Pro- 
testants and  parliament-men  came  to  give  an 
account  to  the  embassador,  how  things  were 
transacted  :  but  to-morrow,  said  he,  1  cannot 
go  to  receive  the  libel  back  again,  for  I  am  to 
go  to  Knight*s- bridge. 

Fitzh.  Where  there? 

Everard.  To  my  lord  Howard^s  ;  for,  said 
he,  you  have  seen  liis  son  often  with  me.  My 
lord  Howard  is  very  civil  to  me,  he  was  my 
father's  lawyer. 

Ait.  Oen.  Will  you  ask  him  any  questions, 
Mr.  Fitzhan-is  .** 

Fitzh.  Did  you  write  this  lil»el  ? 

Everard.  \  e.4,  by  your  instructions,  I  did. 

FUzh.  iV>  you  beheve  I  had  any  traiieroua 
intention  in  it  ? 

Kvfrard.  Yes. 

Serj.  Jrfftrur,,  You  said,  the  more  treason 
the  lietter,  Mr.  Fitzharris.' 

Fitzk.  Were  you  put  upon  this  to  trc|>an 
others.  I* 


347]  STATE  TRIALS,  33  Charles  II.  l6Bl.— Proceedings  againH  [34i 

broupfht  by  the  woman  that  carries  paper  bodu 
about,  anuont  of  that,  to  make  short  work,  and 
out  of  The  Character  of  a  Pn|iish  SucceMsor,  ii 
which  he  said  wtn^  many  thin«p  material,  hi 
would  have  some  of  the  expressions  of  this  liW 
taken  :  so  I  copied  some  of  the  queries  out  ol 
that  pai»er,  which  wns  said  to  be  a  letter  inter- 
cepted to  Roger  L'Estranpr^,  and  that  day  thai 
I  was  under  examination  before  Mr.  Secretai^ 
Jenkins,  that  libel  lay  before  him  upon  his  taUe, 
He  aRke<l  me  if  I  had  seen  that,  I  told  him  ves, 
for  I  Iind  copied  in  tliat  paper  that  was  the  libc! 
those  cjueries ;  and  then,  said  he,  h«!re  is  a  war- 
rant to  be  ^ven  out  against  CurtLs  for  it. 

Serj.  Je^inrt.  After  such  time  that  you  hd 
carriod  him  the  copy  tliat  sir  William  Iiad 
niark<»<l,  and  he  amended  it,  did  you  shew  il 
sir  William  Waller  presently  ? 

Krerard.  Yes,  immediately ;  and  I  asked 
him.  Sir,  says  I,  is  there  any  alteratioD  ?  Yeij 
said  he,  I  see  alterations,  and  shewetl  them  odp. 
Do  you  know  the  (1ifreren(*e  of  hands,  said  I F 
Yes,  said  he,  I  do,  and  suppose  will  give  yon  an 
account  of  it. 

Mr.  JoAniora.  Mv  lord,  I  humbly  beg  Mr. 
Evci*nrd  may  bo  asked,  wlio  those  pariiament- 
men  were  tlint  were  to  concur  with  the  Frenck 
ambassador  in  this  dc^i^ni  ? 

L,  C.  J.  Did  he  name  any  parliament-men  ? 

Ever  aril.  No,  he  did  not,*  he  said,  1  should 
know  thoni  hervafttT. 

L,  C.  J.  I'hen  he  did  not  name  any  T 

Evn-fird.  No,  he  did  not. 

Atf.  Gen,  Then  swear  Mr.  Smith.  (WhiHi 
was  d(»nc.)  Pray,  sir,  will  you  look  about,  and 
l^ivp  an  account  what  you  know. 

Mr.  Smth.  Will  vou  have  an  account  huw it 


Att,  Gen.  It  is  no  trepanning  to  ask  them 
to  come,  and  hear  you  p;ive  him  those  instruc- 
tions, sure. 

Fitzh,  But  I  ask  him  this  question,  Mr.  At- 
tornc'V  ;  was  he  put  u(M>n  it  to  trepan  others  ? 

EretarJ,  Can  you  mention  any  person  that 
I  H'as  to  trepan  ? 

Fitih,  A\  ere  you  \n\i  upon  it  to  trepan  the 
Protestant  ]>ords,  and  the  House  of  Commons  ? 

Evtrard,  No,  I  was  not. 

FUzh,  Is  this  the  same  libel  thai  wns  read 
in.  the  House  of  Commons,  upon^ich  I  ^as 
impeached  ? 

Evtrard,  Yes,  I  believe,  Mr.  Fit/.harris,  it 
was. 

Ait,  Gen,  Mr.  Everanl,  because  he  puts 
you  upon  it,  and  to  satisfy  all  the  wiM-ld,  I  ask 
you  upon  your  oath,  did  any  person  whatsoever 
put  you  upon  this  to  trepan  other  iici'sons,  or 
to  put  it  into  their  pockets,  as  it  is  reported  ? 

Evcrard.  1  was  put  upon  it  by  none  but  Mr. 
Fitzharris  of  whom  I  qskctl,  what  will  be  the 
use  of  this  .^  Said  he,  \%e  shall  dis]ierse  them, 
we  know  how. 

Att,  Gen,  Did  he  tell  you  in  what  manner  ? 

Everard,  No,  he  did  not  tell  how. 
■  Alt,  Gen,  To  whom  was  it  t(»  be  delivered  ? 

Everard,  I  was  to  deliver  it  to  Fitzharris, 
who  was  to  deliver  it  to  the  French  confessor, 
and  it  was  to  be  drawn  in  the  name  of  the  Non- 
conformists, and  put  upon  tlunn. 

Serj.  Jcffirifs,  W  hat  religion  is  Mr.  Fitz- 
harris (if? 

Everard,  He  was  always  looked  upon  to  be 
a  papist. 

J^itzh,  When  di«Hoii  sen  me  at  mass  ? 

Atf.  Gen.  Hath  hV  imt  ownc^d  himself  so  ? 


Everard.  H<;  hath  owned  himself  at  several    came  tirst  tomv  knowlodjre? 


times  to  be  a  papist. 

Sol.  Gen.  What  did  lii^  sav  to  vou  almut 
>'Our  being  a  Protestant,  and  what  cause  you 
bail  to  turn  to  the  Popish  religion  f 


Att.  Gen,  Ves,  the  whole,  from  the  Irnttom 
to  the  top,  from  the  iKijjiiiing  to  the  end. 

Mr.  Smith.  I  remend)pr,  almut  the  Q9A  « 
the21.st  of  Feb.  either  one  or  the  other,  Mr, 


Everard.  He  said,  J  was  under  great  dissid-  i  Kvenirdand  one^Tr.  Savile  came  to  my  cliara 
vantages,  and  liiul  much  loss  by  leaving  tlieni,  :  l>ers.  and  t«»ld  ino  the  same  desigfn  that  Mr. 
I  hail  l)etter  have  uflhereil  to  their  interest  still.  ]  Everard  halh  repeated  before,  and  that  tbrrt 
He  had  this  diseoui*se  with  nie  at  several  I  \va«  an  Irish  jjent.  an  officer  of  the  French  kinff"! 
meetings,  and  jrave  me  sevend  visits,  s»nne  at  ■  army  that  was  to  manajre  the  thing  ;  he  ww 
my  chaud>er,  some  at  <iniy*s-lnn  walks,  some-  i  one  that  could  speak  French  very  well, ami  thejf 


times  at  the  htnise  with  black  p<istK  in 
where  we  talked  of  several  things. 


desii-ed  me  to  be  concerned  in  it,  l)e<*ause  I  under- 
stoo«l  French.     I'pon  this  I  told  him,  I  wonU 


Mrs.  Fitzh.  1  am  sorry  he  kept  such  a  rogue  willingly  undertake  such  a  business,  if  I  thonffhl 
as  von  are  company.  i  there  were  any  convenient  place  in  the  roofli 

it.  C.  J,  OfKcers,  take  her  away,  if  she  can't  where  I  might  ln^ar,  and  soe,  undiscovered, 
hold  her  tongue,  nn<l  «^i^  e  better  language.  Aller  he  had  trdd  me.  as  he  has  licfore  told  yo* 

Fitzh.  She  v*ill  s|K.'ak  no  umre,  my  lonl.         '  lordship,  that  it  was  to  make  a  diflen*ncc  l»etweei 

X.  C.  J.  Stand  still  tlH*n,  and  he  tpiiet.  I  the  king  and  his  people.and  to  misrepresent  thf 

Att.  (iin.  W  hat  was  y<^ur  discourse  at  the  '  king,  as  I  shall  infonn  you  by  and  by.  I  we*l 
ale-house.  '  to  his  chaudier  aOer   we  had   s|K»Ke  to  Mf 

/Jr/^;vi/i/.  To  i;i\e  instructions  to  set  the  j>eo- .  Crow,  who  wouM  not  undertake  to  speal 
pletogiiher  by  tlieears  ;  and  on«^  nic)st  eflee- -  Fn'nch  sowell  as  to  becapableof  mulerstanHiq 
tual  means  was  by  scand-.ili/ingnnd  libelling  the  all;  but  nt  last  we  met  sir  William  Walkf 
government,  and  especlallv  the  king.  \«lio  nndert(H)k  the  mntter.     1   v^alked  imme' 

yir.  Jones.  Oid  an\  IxmIv  else  assist  vou  in  diatelv  after  dinner  to  the  chamlH-r,  and  saw  ih 
drawing  the  libel,  eonvenienc<^,  and  the  next  night  we  expedv 

Er-cfard.  There  is  at  the  hitter  end  of  the  sir  W.Waller;  but  he  not  couiincf  that  nigH 
libel  a  paragraph  that  was  taken  out  of  another  I  went  into  the  closet  myself  till  Fitzharris  caW 
hook  \  there  \mu»  a  scandalous  libel  that  was    according  to  the  appointment     When  Tti 


STATE  TRIALS,  33  Charles  If.  l6sl,^Edward  Ftizharris. 


[35« 


me,  there  were  two  chairs  set,  one 
t  the  dos^  where  I  stood,  and  another 
afl^inst  me ;  that  opposite  agxtinst 
that  where  Mr.  Fitzharris  sat,  and 
rmni  was  next  close  to  me,  and  I 
ut  throai^'li  the  hole,  and  I  hcanl 
le  little  dlseoiirKes  about  the  bu- 
hand.  At  last  Mr.  Kverard  btands 
yes  to  the  side-board,  and  brtn^  a 
paj icr,  about  hali'  a  sheet,  as  I  think, 
;  and  he  read  it,  which  was  a  sediti- 
f  |nper,  which  1  shall  tell  you  ot*  by 
kiid  he  asked  him  in  Fi*ench,  whether 
a^Ti-eable  or  no ;  to  which  the  ^ent. 
,  II  uns  well,  but  something  must  be 
it.  l.'|N>n  tliis,  Mr.  Everard  took  out 
ofik,  and  rfad  some  things  therein, 
Mr.  Kver«'.rd  desiretl  liim  to  instance 
ds  he  %vould  have  nioi-e  than  were 
To  which  Fitzharris  replieil,  that  he 
re  biro  to  represent  the  king*  as  a  pa- 
h,  mi^ht  be  demonstrated  by  se\  eral 
first,  his  stlhering  to  the  duke  of 
d  peremptorily  reso|viii<^  to  espouse 
St.  The  second  reason  was,  the  pre- 
ch  as  were  the  duke's  creaturc-s,  both 
fauid,  and  keepinj?  in  office  those  that 
erred  by  the  duke,  known  papists ; 
wzst  also  another  reason  to  ])ro\  e  tliat 
te  instructions,  that  the  kin^  alter  his 
0  procured  an  act  to  be  made  that  it 
treason  tor  any  to  call  him  papist ;  and 
mlv  that  he  nu<rhtthc  better,  and  with 
e,  intn>duce  popery  into  England.  He 
likewise  king  Charles  1,  to  be  a  pro- 
tbe  Irish  n^bellion,  and  that  Charles  2 
and  approved  it ;  that  is  another  in- 
That  the  (larliament  at  Oxford  was 
am  to  delutle  the  ])eopIe,  and  that  such 
soot  to  be  trusted  with  such  a  people, 
( to  their  lives,  lib«niies,  or  religion  ; 
be  people  roust  provide  for  themselves 
ad  blow  the  trumpet  boldly.  Ano- 
uof!  was,  as  it  was  the  undoubted  right 
ople  to  make  laws  against,  and  to  o|)- 
pish  successor,  so  ihey  might  depose 
possessor.  To  ihis  eflect  was  the 
!  of  what  was  said. 

en.  Did  he  name  a  reward  that  Mr. 
wss  to  hare  ? 

There  was  a  reward  mentioned,  but  1 
icmber  any  |mrticulars. 
r«.  Did  he  tell  who  set  him  on  work  ? 
Benidy  if  thev  did  but  set  England 
kj  the  ears,  tlie  French  would  get 
~  at  lengtli  prevail  here,  and  Mr. 
M  pt  an  interest  in  the  common- 
vake  it  his  business  that  they 
a  kind  of  ao  address  to  the  par- 
iBiomise  to  stand  by  them  with 
njfiirtiines  in  opjiosing  i>oi>ery,  and 
maeoty  and  if  parliament- wavs 
%l  in  another  way  ;  and  if  the 
I  Che  duke  of  York  to  ctmie  to 
then  tbiey  should  take  other 


did  he  dewre  trom  Mr. 


Everard,  when  he  seemed  to  boggle  at  his  in- 
structions ? 

Smiifi,  Mr.  Everard  said,  he  would  do  these 
things,  yet  he  was  in  great  danger ;  why,  says 
Mr.  Fitzharris,  so  am  I,  and  a  great  many- 
more.  What  other  conference  was  between 
them,  I  know  not,  for  1  never  saw  them  toge- 
ther after. 

SSerj.  Jefferies.  Look  you.  Sir,  is  this  the  same 
person  ? 

Smith,  Yes,  I  did  know  him  to  be  the  same 
person  that  night  he  was  taken. 

L.  C,  J,  You  could  see  liim  where  you 
were? 

South,  My  lord,  I  saw  him  clear  enough, 
there  were  three  candles  lighted,  and  I  was  as 
near  to  him  as  I  am  to  your  lordship. 

L.  C.  J,  You  were  not  in  the  room  ? 

Smith.  I  was  in  a  little  closet  close  by. 

Alt,  Gen,  You  know  nothing  of  the  paper  of 
instructions  ? 

Smith,  I  remember  he  told  me  of  such  an 
one,  but  I  was  not  there  the  second  night. 

Sir  F,  Withins.  Mr.  Everard  said  they  were 
treasonable  things,  what  then  said  Fitzharris  ? 

Smith,  lie  said  the  more  treason  was  in  tlicni 
the  better. 

Serj.  Jefferies.  And  the  particidars  were  to  set 
the  people  together  by  the  ears,  and  to  bring  in 
the  French  king. 

Smith,  It  is  all  one  in  terms. 

Serj.  Jefftt  iis.  How  was  it  ? 

Smith,  That  the  king  and  the  people  should 
be  set  at  variance,  then  the  French  king  would 
fall  upon  Flanders  and  Holland,  and  afterwards 
would  take  England'in  his  way,  and  make  uo 
bones  of  it. 

Seq.  Jeffcries.WlW  you  ask  him  any  questions, 
Mr.  h  itztiarris  ? 

Filzh,  Do  you  l>elieve  that  I  did  it  with  a 
treasonable  intention  ? 

Smith.  Sir,  I  am  not  to  judge  of  that,  I  am 
not  of  your  jury,  nor  to  answer  any  such  thing. 

Fitzh.  A\  hat  do  you  think,  Sii*,  pray  ? 

Smith,  You  couul  have  !io  good  desic^n  to 
bring  about  by  any  such  matter  (I  thi^)  as 
tliis  paper  is. 

Fitzh.  Is  this  the  same  paper  tliat  was  read 
in  the  House  of  Commons  ? 

Smi(h.  Sir,  I  was  not  of  the  House  of  Com- 
mons, I  don't  know  what  was  read  there. 

Mr.  Johnson,  Mr.  Everard  dki  seem  to  hint  at  a 
design  amongst  some  protestant  Lords,  and 
]»arliament-men,  and  others,  dissenters  from  the 
church  of  England  ;  I  desire  to  know  whether 
Mr.  Smith  heard  those  words  ? 

L,  C,  J.  That  was  not  the  first  night. 

Smith.  I  did  not  hear  it. 

L.  C.  J.  Look  you,  Mr.  Johnson,  Mr.  Smith 
was  not  present  at  the  second  meeting,  then  sir 
William  Waller  was  there,  it  was  only  the  first 
night  iVIr.  Smith  was  there,  and  he  s|>eaks  to 
that.  Therefore  as  to  the  alteration  of  the  copy 
and  some  other  things,  he  tells  you  that  was 
done  the  second  night,  and  then  was  the  dis- 
course concerning  the  French  confessor,  and 
those  other  things  which  you  mention. 


3:5H         STATE  TRIALS,  33  Charles  II.  ItiSl.-^Proceedings  agahui 

'Alt.  Gen,  1  brltevc  the  jury  Dii*:apprehend  render  tlie  kioflr  ^ery  odioas  in  the  sigl 
Mr.  Everani  in  thut  tw.  "  sntijects.     Mail}'  tilings  he  did  there 

Js.  C.  J.  It  was  only  wliat  Fitzlianis  told  liini.    and  earnestly  pressed  ine  to  join  in  tliis 

Alt.  Gen.  But  i  see  the  th' ig^  sticks  %vilh  to  endeavour  ,tiic  discovery  of  it.  lira* 
tlie  jury ;  tlicreforc,  I  would  fain  ask  Mr.  Ever-  at  the  first  shy  of  meddling  with  it,  b 
ani  this  qur:stinn,  rlid  you  declare  any  such  way  hi  the  commission  of  the  peace, 
tliln;,%  c»r  was  it  Mr  Fit/hams  that  told  3  on  ?         not  liable  to  enga^  in  a  business  of  t 

Mr.  Kvernrft.  Mr.  Fil/l:ir.Tis  tvid  me.  that  ture  ;  but  I  was  afraid  to  discourage  Mr. 
sevei?.!  parliament -men  nrre  joined  with  the  "  who  %  oiuntarily  and  ingfenioiisly  offere 
Fnncli  aiMh;t*isador  to  (jfivi'  hi:ii  an  sjccount  of  |  self  for  tlie  Sf-nice  of  his  king*  and  c 
tliini;^,  hilt  he  told  uie  lii^i'lps,  ihut  it  must  t)e  '  hut  ]  did  not  g-o  that  allernuon,  being 
drawn  np  as  it  were  in  the  nairc  of  the  "Ntm-  ]  tjJ  hear  whether  the  business  went  on,  1 
Conformists  to  IuiIht  it  upon  ilicin  ;  yH  when  I  h'ke'.y  to  come  to  any  thing.  The  next 
there  \»!is  one  word  in  it,  'J'ijou,  as  il"  it  were  ia>f  Mr.E\erard  writ  to  me  this  letter  (p 
in  the  Unnkf-rs  nainv  ;  1:0,  says  he,  it  must 
not  br;  so,  hut  it  must  hf  inidrr  thf  name  of  all 
the  \'in-(^'mifonni^ts,  that  it  ii:ay  be  common 
to  ail  llii;  di^(?ontente<l  jkuI}'. 

Is,  C.  J.  S.i  yon  must  takf*  the  sensfMif  this  ■  him  tiio  nij^fht  lufore,  and  that  accon 
rii^ht,  i»:<'nth'Mit  II.     Ir  is  iir>t,  M:\  liverard  t<rlls    tlwy  hail  hiid  their  business,  Mr.  Fitzha 


out  a  iraper.) 

Jusi.  Dulbem.    Read  it,  Sir. 

Sir   IVnt.  Walter.    My  lord,  in  effec 
fur  to  let  me  know.  Mr.  Sinilh  hath  In* 


you,  some  parliniiinit-men  nnil  lonls  were  en- 
^.'I'^ed  in  this  husiiicNS,  hiil  Mr.  Fit/harris's  dr- 
sii^n  wa.i  to  «'n:;}'.i;i'  Fverard,  an«l  he  ui<;o<l 
w  hat  he  (;onld  to  riifouniL^r  bim  to  it.  No  that 
the  anriiment.s  he  used  w<t(.>,  t^at  sonu'  lords 
and  ]iarti:unent-nicii  wiTe  eii'^ti^^od  in  this,  to 
cueoura«rr  him  to  ;(o  on. 

Mr.  Jofimuni.  It  is  true,  my  laH,  r-o  that 
here  docs  ap|K>ur  there  was  some  other  intertrst 
than  the  I'Veiieh  iiitenst  in  tliis  matier,  if  what 
Mr.  Fit/liunis  sai*!  wns  tnit-. 

All.  (i   n.    I'il/.iiuiTis  s;ii«l  s;».  In  cn'.-i'lT'*  llilil. 

7^.  (■  ./.  Look  von,  .Mr.  JohiV'Jon,  we  do  ali 
veiih  1m  iiive  ;»!»;(  hope,  tlrTe  w.is  no  8;'<'!j 
tliiii'^  MS  lli-.il  any  1u:nI,  «w'  any  of  the  ('onnll(■^^ 
of  l'j».:l.inl  wei<'  so  eiiix^.ijrcil  J  it  was  his  in  • 
t».'iv«t,  U".  y\\'.  F;t/h:irris  l')ok  it,  to  mention  it 
HO,  to  eiit,';!^^'  tliis  ;»i-;t]eiiinn. 

J'Wc.rnrtl.     1  (lid  wA  say  lords. 

Jm.  (.'.  /.    W  hut  j'id  von  say  tlien? 


indi^Ml  come,  and  had  some  discourse 
hoariiiir  <d'  Mr.  Smith,  several  things 
uhat  they  had  aetpiainteil  me  with,  tl 
the  hii;!ies:  natnnt  iniairlnablc  ;  and  tb 
he  carpe>1.1y  ]iresse<l  me,  as  1  tenilen-d  tl 
far*'  oi  niy  kinyf  sm«l  <'«u:ntry,  that  I  wo 
iail  to  cohse  tli:-.t  i'.tl'.vrnnan  t;>  be  an  ear- 
nf  tlie  tnasjiiiulile  piMetiee.s  that  were  \\ 
1  looked  iiiion  in v::  if  then  ohIig4Ml  to  ^ 
dill,  a<reorJir:»"t'»  ill-!  (!i:e::i:ons  lie  gave 
almiit  tlii'ee  o'c  Inek  in  the  afternoon  to  a 
j»l  tlie  !.i\wr  e:id  of  l'.;!lir'sl5ents  ijcar 
Inn,  am!  ili-.»ie  w^'  \iero  lo  (Ji<eoni'?e  iui 
tlie  b;isines<:.  I  haii  \\\A  hei;i  ilu  re  km 
I  lo«ji:e'!  liP.t  of  a  hack  ».>iij.i.!n-,  and  spi 
ritzhanis  with  aM.iihrr  ir<'i*'»i«'>'.KUi  in  u  I 
coljin.'d  suit,  v.jjlliint.''  ;jist  before  iiww 
df-.r.  I  d'i  uoi  \.iii-\\  tl;.»  j.nnie  of  the 
hnt  th«re  1  .'.riw  >•«■ -r.  v. ''Mmlt-,  Ixit  \\ 
ir'»in:,-he  fivrjivnlS  1  r:ki.d  :•;»  at  "Mr.  Kv 
ehani'i-  •,  •.v.\\   ji- i^;' •■!  j-l   u.     "\\  lien  I 


KrtuinL    l*ar!ianiv.it-ineii  in  l»■^'nc•lal. 

Alt.  (ii'n.    Then  sweai*  sir  Wiiiiiiin  W'alhT,  i  trone,  I  luM  Iiiis!,  it  ii...iy  iie  ""'ir.  Fif/Zliarr 

(which  \Kis  done.)  |  e'Uii*  soMier 'J.:!;i  ni-..   Imu.*  ap;r.Mii;i.\l, 
Sir  >'/■«//.  W'iihiiifi.    Tia\,  sir  "\A'illiam,  wili     lore  I  tnink  it  v,;ll  :ii-i  h.- u\n;>s  to  ir'»  v 


further  «'jelay  to  yinir  ;  l'.a:>.il.ier,   and  se 
e.'invc'ruii.i'v  tlkiv  ii.i  v  ^-^  lo  lie  si'i."ivt. 


I 


\on  eive  an  account  of  wli:U  yon  knovr-  of  this 
matter. 

Sir  Wm.  Waller.  M>  I.»ril,  the  last  \\\\\r  1  .  I  ?n:?v  he  ln»th  an  cs/ und  an  ear-witnc 
w;is  here  ill  this  cMiurt,  beii.L^Msnniioneil  to  ;iive  I  went  to  hi<  elianil»ef,  and  w'acw  \  eno' 
in  my  e\  id  nee,  I  did  make  .;:.;nie  dillienlty  of !  thi;  room,  the.-e  was  a  liitk-  elosot,  wl 
it,  upon  tin*  aeeount  that  this  person  was  iin-  !  thoni^lit  ni't  ^o  ro:!\e!iii'!.t  Ibr  :i!.',  anil  I 
M*aehed  b\  the  ( 'oiiiuions  of  liln«»lan«l  i!i  Fjt-  I  <'ii<;se  t»»  !oo!:  aboui  if  I  oe^i.l  iind  a 
iaiiient  ;  t)nt  Mr.,l:!sli;*e.l.'ni  s  havii;u"dc.rlaieil  I  ])Ijiee  iiini*e  tov.ve,.i'Mii.  i;j:!ifMl,  in  iii 
the  \\\\  rcfpiired  me  in  sneh  a  ea'^e  to  «yive  in  ;  ■.■o*'m  I  fonnd  \\y  w.v  C7 .\.\  tl;«."j>  wns  a 
in\  e»i«leiiec,  1  am  now  reiuly  lo  ;j|;ivc  il  in,  and  i  a  id  haiit»"in!^  ov»m  it.  I  t;ii*":  d  U5>  the 
shall  di»  it  as  b]i<>fh  as  1  laij.  i  in;!S  thero,  an.il  in  iIj:-  «i.n)rti..  ■.e  \. ;i-%  a  c 

I..  C.J.     ^>  r!l.  Sir,  pniy  ;^o  on.  wlsii.-h   I   opened  a  lii.Ii.^  uith  my  Kiiin 

Sir  11'///.  ]V:l/t/.    M\  I'M-il,  upon  the  Qii\  or     ripped  a  hole  i.i  tlie  hani.intis  wljieh 
'-».*il  of  Till.  List,  "Wv.  |')v«i.iril  met  me  in  tlie    into  tlie  rcioni  wheieJ'i.  •;■.•. r. I.  m^ii  «:is 
rit\.  ami  tolil  iif>,    U-  b  m|  a  h  ."inrss  ef  \iry  |    tii  llMfciv    Mf.  I'it/.l.:-..i;.  e;«n.e.  'iJr.  K 
^vv.\\  eo]ie«riinie:it  i.»  i!:»-eowv  to  me  ;   wiere-  j  had  j:\\Kn  iiie  a  lary^e  :'.(c-ji!.t,  mneh  :iil 
npnn,  iii\  hml.  ue  vein  ir.tii  a  j.iaee  \\l:t  re  v.e  j  sani^*  iiMnncr  th '.I  he  h.u-h  *j;\^^n  in  hw 
iniulit   eonuhi;  .Illy   diM'nji^'  t««v;clh("r  ;    and     nio!iy  he;c.  and  h.' sh'.'weil  i:>,' two  paj»e 
he  tolil  nil-,  insiiort,  that  iMr.  Ivh..  !'n/.!iarris,  |  li:ok"ihe  tw.i  pap.  .s.    ind  u«^e  ihem  a  ji 
th:»l  uiitorinnau'  y:eiitlenian  el  the  bar,   li::(l  |  mark,  \]\\A   1  ir.i;;hl  know  lh;!m  ai^in 
beeiiwiih  him  sewral  iiiiie>,  anr    -ndeatonrid     withal   v.e  piae«-«l   a  table  and  a  chair 
toenjfaire  him  in  a  business,  which  would  in    atp'inst  Mi.  l'::.'hams's  comin.'^in,  and  f 
effect  turn  all  iuto  confusion  iu  Eni^land,  and    that  he  shouhi  be  plat^  bO,  :Vs  that  tb 


3i3] 


STATE  TRIALS,  S3  Charles  n.  168 1 — Edward  FtizhmrU. 


[354 


tht  hole  I  mi^t  lia?e  a  full  si^t  of  bim :  but 
lot  by  an  acctdeat  he  ibould  t^  removed  from 
thnice»  I  dc«red  Mr.  Everard  to  ask  him  tliree 
^uestiooa.  The  1st  was.  Whether  he  had  not 
married  a  daiishter  of  one  captaiu  Finch,  whose 
frther  was  killed  in  his  majestv^s  sen' ice  ?  The 
Sd  waa,  Whether,  as  he  read  over  the  imiier, 
ft  was  drawn  up  acconling  to  his  instructioiw  't 
Aad  the  3d  was,  Who  was  the  person  that 
dwuld  reoompencc  Mr.  Ererard  for  running  so 
peat  aa  hazard  ?  According  to  these  instruc- 
tMMM,  the  table  being  placed,  and  every  thing 
m Older,  about  sc\'en.oVlock,  or  bct^ieen  six 
tadsefcn,  Mr.  Fitzharris  came  in,  and  being' 
stf  Aram,  he  began  to  ask  some  quuktions ; 
aoMogst  others 

[Then  some  compl&int  w'as  made  by  the 
m^s  eotmsel,  of  papers  given  to  Mr.Fitz- 
hams.] 

FttMharriM.  Pray,  my  Ion),  I  lieg  that 
paper  may  he  ffiveu  to  my  wile  again. 

Alt.  Gen.  I  pray  it  may  be  given  to  the 
eonrC 

8e^.  Ma^HuriL    I  pray  ii  may  be  read. 

&/.  Gen.  It  is  not  the  duty  of  a  solicitor  to 
bring  papersi,  he  was  only  appointed  by  the 
court  to  run  of  errands  ;  lie  vf-ds  not  to  aclvise 
•r  ftmish  with  matter  ff'defrnre. 

Sarj.  Jtfferici.  Mfffttd^  this  is  an  oflfcfnce 
csaunhlcdin  the  faoo  Ol'  the  court,  therefore 
■re  ^Kmy  the  person  that  hath  done  it  may  b? 
ooninutSed. 

Just.  ])oiben.  It  is  nolhing  but  the  rtsolii- 
60ns  of  the  House  of  Commons ;  give  it  bim 


£.  C.  J.  If  Mr.  Whitaker  lies  there  to  trou- 
Ue  the  ooorty  we  shall  find  another  place  for 
him. 

&jL  Qt9.  My  lord,  !\Ir.  Whitaker  hath  done 
bis  daty  now,  and  wliat  service  your  lordship 
tppoinied  him ;  so  I  think  he  may  be  sent 
away,  for  here  is  no  more  business  for  him. 

£ir  Wm.  WalUr,  Mr.  Fitzharris  came  in,  I 
ihiak  it  was  between  six  or  seven  oV'iock,  and 
coming  there,  he  sat  himself  Ai^wn  in  the  chair 
piepared  for  him ;  and  Mr.  Everanl,  accordinrf 
to  the  instmctions  I  had  given  him,  did  asK 
bim  sereral  questions ;  but  Mr.  Fitzharris  did 
■ik  him  first,  Wliether  he  had  finished  the 
paper  according  to  some  instructions  he  had 
^pren  him  ?  Mr.  Everard  produced  two  papers, 
the  one  was  the  copy  of  the  other,  as  1  cuuntc<l. 
Mr.  Fitzharris  had  one  given  into  his  hand, 
aad  the  other  Mr.  Everard  had.  Mr.  Everard, 
after  he  had  read  a'little  in  it,  did  ask,  whether 
tUs  was  drawn  up  according  tu  the  instnic- 
lioDS  Mr.  Fitzharris  had  given  ?  He  answered. 
It  was  exactly  acconling  to  the  instructions 
he  had  given  nun.  At\er  he  had  read  a  little 
further,  says  Sir.  Everard  to  him,  Tliis  is  a 
Uuiness  of  a  very  ilangerous  consequence,  what 
reward  shall  I  have  tor  running. so  grcal  a  lia- 
caid?  He  told  him  again  thus:  Sir,  sa^s  he, 
I  think  I  run  an  eqiwl  hazard  with  you  ;  for 
yau  have  a  jMmer  under  my  hand,  which  will 
render  me  hable  to  danger.    And  then  be  went 

roi-  Tin. 


on  and  read  further ;  and  if  Mr.  Attorney  will 
please  to  let  me  see  the  paper,  there  is  one  pai-- 
ticular  clause  in  it  that  1  took  special  notice  of. 

Att,  Gen.  Would  you  have  tne  libel,  or  the 
paper,  sir  William  P 

«ir  ir.  WaUtr,  The  libel,  Sir  ;  (which  was 
given  hiin.)  There  n'as  one  passage  in  it  which 
1  remember,  and  it  was  this  (speaking  of  the 
king*s  preferring  persons  that  were  engaged  in 
the  late  Irish  rebelUou)  the  pa^^er  was  first 
(prefers)  but  says  Mr.  titzhaiTis,  in  French,  it 
must  be  (has  promoted :)  several  passages  of 
this  nature  I  heard  him  alter,  and  I  saw  him 
alter  with  his  pen.  For  after  such  time  as  Mr. 
Fitzharris  ^as  gone  out  of  the  room,  I  went 
immediately  into  the  room  where  Mr.  Everard 
Vi  as,  and  took  notice  of  the  papier,  and  the  ink 
U[;on  the  paper  was  hardly  dry. 

AUi  Gen,  Look  upon  that,  that  is  the  ori- 
ginal, and  the  other  the  counter- part. 

8ir  ir.  Waiter.  Here  is  the  mark  (then  point- 
ing to  the  bottom  of  the  pa[>er.)  These  two 
papers  I  marked  both  together,  and  this  is  the 
pr.per.  Sir,  was  mended.  I  do  remember  it 
more  particuhuly,  for  thb  paper  1  had  in  my 
ov.  11  custody,  and  signed  it  idterwards. 

L.  C.  J.  Well,  go  on. 

Sir  W.  Waller,  lie  was  aakinff  him,  pray. 
Sir,  said  he,  what  reward  shall  I  nave  ?  Why, 
says  Mr.  Fitzharris,  you  shall  be  very  well 
I>ai(],  you  shall  not  need  to  fear,  you  shall  have 
all  manner  of  encouragement.  This  business 
will  bring  a  considemble  advantage  to  you,  and 
\ou  shallbe otherwise  preferred  than  what  you 
were  in  the  Frencli  king's  service.  Says  he, 
Yi»u  cannot  but  know  how  vou  have  been 
fcligh.tod  and  ncglectud,  notwitlistanding  the 
senice  vou  have  done  :  and  the  Frendi  am- 
bassador  is  the  person  that  is  to  recomp<ince 
you  for  your  pains  ;  and  hr  spoke  of  forty,  but 
truly  1  did  not  Iiear  v,  hether  it  were  gumeas, 
or  what  it  was,  that  he  should  have  for  present 
payment ;  and  I  heard  him  speak  something 
of  11  (tension,  he  named  3000  crowns,  but  whe- 
ther annually,  or  hoM ,  I  cannot  tell.  Pray, 
Sir,  said  he,  what  shall  1  do  in  this  case,  for  I 
do  not  know,  I  am  but  in  a  low  condition,  and 
have  occasion  for  nioney  ?  Why,  says  he,  the 
French  ambassador  u  ill  supply  you,  and  you 
shall  certainly,  as  soon  as  the  paper  is  i)er- 
l'*^cted,  havf  your  reward  ;  and,  says  he,  there 
arc  a  great  many  more  that  we  have  employed 
in  businesses  of  this  nature,  to  create  misunder- 
standing between  the  king  and  his  people,  by 
which  means  tiic  French  will  easily  over- run 
Flanders  and  the  I. r?w -Countries,  and  then 
England  will  become  an  ea^y  moi-sel.  And  this 
is  the  substance  of  what  I  remember. 

Fitzh,  Do  you  believe  I  hail  any  snch  design 
as  treason  in  it  i* 

Sir  W.  WttUer,  I  cannot  say  any  thing  to 
that,  I  only  speak  to  matter  of  fact. 

All.  Gen.  Did  he  declare  he  had  many  more 
employed  in  the  service  ? 

Sir  W.  Waller.    Yes,  he  did  say  so.     And 
said  he,   tliere  are  two   parliament-men  tli&t 
fi'equeut  my  lord  Shaftesbury's,  who  my  loid 
*^  A 


$551  STATE  TRIALS,  S3  Chablk»  II.  \68l.—Pr0C€eimgM  Mg^iaH         [M 

'lof-B  not  fluspcct,  that  d«  come  and  sound  him,  |  Sir  W,  W&Uer.  A  Bamtii  Catholic. 

and  then  go  and  acquaint  the  French  embas-  Fitzk,  I  am  nothoa^dtooootinveio  abrayL 

sidor  with  all  they  can  discover.  |  l^Ir.  Jcnfs.  Shew  yoar  coBvenMO. 

Fiizh.  Is  this*the  same  paper,  by  the  oatb  ■  Att.  Gen.  Pray  let  the  lifad  he  tead. 

^i!l'rV:^lt'''''  *''''  "J- ""*"  I  ^^  impeached  by  \  ^^^  ^^  ^  pnidaced.] 

the  C/ommons  in  parliament  r  ;  *-  r*  r  j 

Sir  ir.  WuUcr,  Yes,  it  is  a  copy  of  the  same  j  Att,  Gen.  Sir  W.  Waller,  and  Mr.  Evanrd, 
paper,  and  that  paiwr  I  did  read  in  the  House.  |  is  that  the  Piuper  ? 

Ait,  Gen.  It  IS  the  original.  Ertrard.  This  is  the  paper. 

Mr.  JoAfwm.  My  lord,  I  desire  to  ask  sir  W.  .  Att.  Gem.  Is  it  inteniiwd  with  his  ««■ 
Waller  one  question :  Sir.  you  have  heard  the  !  hand  ? 

indictment  r«^,  then  pray  iiell  us  whether  thb  i      Evcrard.  Yes,  for  there  an  the  words  (hava 
very  libel  be  expressefl  iii  tbe  indictment  ac-  j  promoted)  tliat  I  said  before,  he  alteicd. 
cording  to  what  \»  as  deiivtred  iu  tlie  House  of ;      L.  C.  J,  Gentlemen,  pray  mark  this  bow, 
Commons  ?  '  you  will  hear  ihe  clauses  contained  in  the  in- 

Aii.  Gen.  You  shall  hear  that  by  and  by  •  dictment  read,  and  you  shall  hear  this  papv 
yourselves  :  tor  v'ui  shall  hear  the  paper  read  ;  read,  and  then  yourselves  shall  he  jodgo, 
to  you  with  the  Indictment.  ■  whether  it  does  contain  them,  yea,  or  no. 

Sir  Tl'.  Waller.  This  is  a  cony  of  that  paper.  !      Mr.  Juknson.  We  desire  to  see  it  at  the  bar. 

Mr.  Johnson.  (Foreman  ofuieJury.)    l>oes  |      Alt.  Gen.  Here  is  a  copy  of  these  danses, 
Mr.  Fitzhanris  stand  impeacht-d  by  ttie  House    you  may  examine  it  b^  tut. 
of  Commons  upon  the  same  treasuiis  naentioned  j      fk:r^.' Mayr.ard.  It  is  not  the  whole  Iftd,  ba^ 
in  the  indictment  f  I  onl  v  some  clauses  of  it  he  ia  indicted  ibr. 

Sir  IK.  IVuller.  Ye«,sir.  [      L  C.  J.  Yes,  brother:  hot  what  they 

All.  Gen.  U|ion  the  s:imc  treasons  ?  is  only  to  see  whether  so  much  as  in 

Sir  W.  Walter,  Upon  this  treasonable  pa|)or  !  iu  the  indictment,  is  also  in  the  libel, 
he  does.     For  as  soon  as  ever  I  had  comniiini-  ■      Ait.  Gen,   Pimy  swear  Mr.  Aatvqf,  thm; 
cated  this  paper  to  the  House,  and  I  h^  made  -  (which  was  done.) 

my  report  of  the  treasonable  transactions  of  '■■  L.  C.  J.  Look  jTMlMMfemeB,  this  is  mm 
Mr.  Fitzharris,  the  House  immediately  pro-  '  that  is  intrusted  wiA  d^^airs  of  die  crowD; 
ceeded  to  the  impeachment.  he  is  now  sworn,  and  l^dc  him  this  qneMiM 

Sol.  Gen.  Does  the  impeachment  mention  .  for  your  satistiurtion:  3Ir.Astrey,  are  the  Eof- 
that  paper  ;  or  w  hat  particular  treason  he  was  ii^li  sentences  that  are  in  the  mdictmeot  aba 
impeached  upon  ?  *  comjirizitl  in  the  libel  ? 

Sir  IT.  WulUr.  1  know  nothinsr  of  that.  liUt !  Mr.  A>trty,  My  lord,  I  did  examine  this  in- 
u pon  this  paper  that  impeach ment  was  gro I md-  j  (Hctmeut  with  the  lilM^I  at  Mr.  Attorney  Ge- 
ed.  that  is  all  I  can  say.  !  iii-nd*s  ehambrr  as  well  as  1  could,  and  they  axe 

Sal.  Gen.  That  this*  libel  was  s{H'ken  of  in     in  terminn  the  same  ;  the  words  in  the  imlict- 
the  House  of  Commons,  is  ti*ue  ;  but  it  does    nicnt.  and  the  words  in  the  lihel. 
not  appear  upon  the  impeachment,  that  he  was        ."^Ir.  JuunMn.  M\  l'»rJ,  if  all  be  not  in  the 
iianMchment  for  that  liliel.  indictment  that  is  in   the  libel,   then   perhaps 

I0.  C.J.  Have  you  any  more  witnesses?  there  ni:iy  be  ^^nv.e  connection  with    what  is 

Ait.  Gen.  Y'es.we  haie  to  otlier  matters.  '  untecvileiit.  someihiiis^  to  explain  those  claoics 
But  we  desire  to  let  them  alone  till  the  iiUrl  be  ;  the  indictment  metitior.s,  so  that  they  may  bear 
read.  another    coosiruotioD.      Therelbre  we   wooM 

Mr.  Jo-hnson.  AFy  It^rd,  we  bes:  w  e  may  ha\ e     have  all  read. 
the  comparison  of  the  libel  with  the  iixlirhucnt.  ;      Seij.  Majfi.ard.  It  must  be  all  read  In  thca. 

Fitzh.  1  would  ask  Mr  W.  M  allor  one  qiies-  !  L.  C.  J.  Yes,  brother,  it  shall  he  wholly  read 
tion  more  upon  his  oath,  w  hether  he  had  any  tliem«  thousfh  it  need  not  he  expressed  tie  verh^ 
deugn  ot*  trepanning  me,  nr  any  body  t ise  in  it  rerOw  fi  tho  indirtnient  ;  vet  for  tlieir  as- 
this  thing  ?  iUt'action  \i  shall  be  uhoUy  reaJ  to  tkem. 

SjL  Gen.  Had  ynu  any  desi;;:!!  t'.>  trepan  the  >•>/.  Gen.  Tnese  gtendemen  are  very  caa- 
frisoDer.  or  anv  lio«Iy  .^    '         '  ti«  ••.»<,  I  perceive. 

bir  n'.  11  a//ir.  So,  Mr.  Fitzbanis.  indeed  L.  C.  J.  Lir-k  yru,  (gentlemen,  if  youwil 
vat  I.  attend  the  ConrLw*:  v.- ill  gi«e  you  what  satis- 

^Fitzk.  I  looked  u|ionyou  alw-a\sasa  persi^u  •  Miction  we  ran  ;  p;r^y.  Mr.  Solicitor,  givethcai 
Ikatwasmy  eiuiiiy.       '  :  Uarc  to  speak  t"  tUj  Court :  what  you  derive, 

"i""  ^***  M  ^*""'  l'<'<^nse  you  were  a  papist  T    u^nileiuen.  is  reJisonaiiW  eikou;;h.  that  you  nay 

lilsA.  No,  ii  was  npiin  umther  aceouni.  1  hear  the  hb^4,  to  >':e  whether  these  are  net 
•ly^.^'^Mr.  Jiisjiec  Dolht-n.  ,  ehnst's  tAcn  out  of  .1  paper,  which  uayhafa 

U^™*** -I^*'^*'  ^\hat  do  you  appeal  to  me    an. nhcr  import  in  the  [laper  tlian  they  bare 
^jj.  '  when  tiievai  etjk'.n  out ;  that  is  vourmeauig. 

k-^^*^^^^*'    H^'^*.*'^"  ^-'^'•'Q  Mr.  FiLz-  i      Mr.Jj^.r.   i.  Yes,  mv  lord.     " 

«* S^V'ir'  ^i.'"'*"'  •'  !      L.  C.  J.  To  tiiat  intent  vou  shall  bear  te 

«r  u    rtctt^r.  ^es.manyytars.  i  Ulvi  r.'^ia  distinctly  :  \ou  ^U  have  the  wy 

^  ~^^^«"*«-  *>  hat  r^rh^aon  was  he  icpuied  ;  disuse*  of  the  indicnnt  nt  by  \-ou,  that  you  nsy 
*  ■  liH^kiipon  ritero. 


Alt.  G€m.  The 

LCJ.    Pk«T,] 

DM ;  they  sfaaB  ka^e 

npanoftbe 
«Vkc:  Mr. 
Mr. 


I  -ft  sr  «ia**. 


THE  TRUE  ENGUSmUN  4p«al^ 
FluB  Eaglbh,  in  a  Letter  rrooi  a  Fhc..-~1 
toaFrwud. 

3rou  for  the  rinracier  cf  a  P»>75h 
which  \ou  ttfit  me.  whcrnn  our  jiks 
I  the  grouDds  of  theni,  are  ju^v  9^ 
•^iat  1  ftin  ID  flfreater  tear  of  ih*  pr^seni 
p&mmi  whj  do  we  trii^liten  ourseiv«<  abi*ut 
t  di  thai  ■  to  oome,  not  \rt(Asixk;g  tu  thai 
■I  h  at  hand  ?  We  woaU  cut  otf  iLe  bud- 
^WTfA,  and  let  the  poiauioiis  mot  lie  still ; 
"■"•aid  Slop  the  ehannel  of  our  evils,  and  lee 
^  fcntoiD  still  run :  My  meaniog  is  this  ; 
a  ^bdcs  know  and  act  all  these  blood}- con- 
and  not  uDpart  them  to  his  dear 
?  If  Jauses  be  Gotucious  and  ^ihy. 
in  ao  too:     Betiere  me,  these  two 

hi  inimiity,  thev  are  in  confederacv 

WhPBpeand  French,  Co  introdnce  I'opery  and 
ihftiffy  gvvfinroeiit,  as  aH  their  actions  He- 
liMMe.  The  Parliament,  31affna  Chaita, 
fiiihgty  of  the  Mabjeds,  are  as  heavy  yokes 
nh  Aav  would  cast  off  to  be  as  abM>ltttc  as 
mmr  of  France;  and  if  this  can  be 
l»  he  lllcir  only  aim  and  endea\iour, 
nM  not  0*^  true  Briton  be  a  Quaker 
'?  tM  the  £ngliah  rise,  and  move  as 
to  nif-deienoe,  to  open  action,  and 
^  '  iBtalemble  riders.  Blow  the 
«  yotn*  guard,  and  withstand 
tadtiMs.  iln4  since  there  can 
•tothisgnodly  toupie  of  Fopnh 
■•  nitef  CKfMMed  from  a  parha- 

flSryour 
the 


i.  .a 


r.  -v.-is  Ml  au  :\a^:iia.  i*.  ve  xr.viu.  K.:  f.;*> 
3^  1  jrefb;:ce  .r  1  iftaii:  Jiut  ft  ^^^  rx- 
T!3L:  itrui:^  ^^  'f^*  *  iiia4  *^4U*«  i«-  .Mil  «i-  ^.•i 
•9TA  "Mtl  fHHSQ.  ■jairrv  JI»;f-.l«L'!  .     J.>    .:'i  »«. ". 

ii>  ijx<ir!!iC  ii'l  v-.'OS-AiiWi:*    -  irr  :  -*-•  .  •    :.'?»i 

"a»?  r •  •'r  •  ti  4jrsu  >iu}ui.*w«.'n«  '^ -'  i^.-'^.  '-rH 

nei--.  ii:ii  »TOf  n^x;  laK  a*  t'  -w  j  •   --ir--  j--*^ 

^  xccaa  k"^r«r  ■»xn  aw'^p^    1  •.-  -:.*-.* 

eiKr*  !•••«    .y  :3-  K  't^Ai  aikr.    : ;-     ^  .'•    :« 
■rr: '«»  is^  Xuit  *s  :^  ua-^-sorcte    -\    »  ^  >•»■ :  t. 

^V^ii;  J,  f  ^«s  »-.^:  iz*'.  a.i:ra*«  >^:?  -  *  '    1':.  i 
J2  b'e?x.>: '  .1*  t.":*  Inaj  anc^:*':  -  ^r.t-  ^  >  •. ,  ,-v 

ih^  iHp>«*'Liao>Tf  r%«2  :o  Lim  ar.rt  Ms  ^•.H.ltVM-f 
!^Dd.  ^r.^:  i:ti  zbts  irtifr-csj*  -sr  iK»  :t.  test  :h?v 
sb*:T!ia  -lart  ••ii?«:':*erv:  the  rik--.' r.*  .v.  i-r  i;it:r 
motiwr  ci»Lirs.-h  f  whix  ibw  c-v'^  Pi-  *  >ur.t 
pr.3%."«  pn:-?:.*!*^  :•'*  ivlii?Te  :ho  p*;  \  l.^<^^■5tkJ 
Prvtcsnnr*  at  Rocbel  by  hu  coofit^leni  Huckio^- 
hea:.  did  he  HOC  li>4d  cor:es?«:t:*fcccv  with  ih«? 
Fr-.c«.h  ctirdinal  hv^  to  ttetray  ihe:r  f<>>r  a  simi 
oiiT»»cfy  .*  'uhxh  ois  i^i^tinicv  vith  Ins  par- 
iiac>.2t  iziadr  Lmi  >iaiid  tii  ik^  i.*r'.  Hut  thev 
wb<j  sO  ill  ;if'(»njved  thtm«k-lgr:»  t.>  t^  bt..:its  Jf 
itie  PrrKcstaot  i.hurvb,  i'haHe>  and  i^iid.  dni 
the\'  n<>t  loiie  their  own  heaiU  by  u  manitcst 
juilEnnent  02  GmI  ?  .\nd  h  ds  not  tlie  lalse  hvarc 
ot'  thtMT  euiia&ary  BiK-kinsrhara,  I'ouiiil  out  by 
sin  aMHt^n's  knife.' 

"  But  to  coiLe  uearer  to  our  purpose,  tliesiC 
two  £foo4lly  imps  ot'  our  davs  are  staik  naught, 
anivetl  at  the  hieis;hl  ot'wicVedntHis.  aiu*  ol'i^ro- 
!t*«i':il  :irhitniri»e^<  aiiJ  Popery. 

-*  As  tor  Janie»  he  was  u  Papist  ul.itst  he 
had  a  resntu^nt  in  the  Frencli,  and  .it terM  artist 
in  the  Spanish  sentci*  hl*^ oiut  si-as.  .And  us  fur 
Charles,  he  was  n'jHuiril,  nv  he  caim*  into 
Enc-Iand,  to  have  ht^tn  rectiutileil to  the chunh 
of  Aome  in  one  ot  tho  rri'ncli  king':<  eountrj- 
houses;  and  since  thfv  came  in,  hou  have 
they  wheedled  and  play  id  fust  an*!  hH>se  iu  their 
pmfennon  of  religiion!  as  occasion  and  their 
affairs  reciuin>4l  f  Have  they  nut  all  alvn|; 
maintainea  secret  correspondency  with  Fnipce 
and  Rome!*  Aa  Culcmnn*s  lrtre;s  mu\  sntti- 
cientfy  instnict  such  >rlio  have  nut  seen  inom 
secret  memoirs. 

**  Bnt  let  us  come  to  evamini*  tlieir  actions, 
which  are  abetter  proof  «f  their  bfcarts:  \\«to 


^59] 


STATE  TRIALS,  33  Charles  II.  iSSi^^Proceeimgs  aganui     .    [3ft 


not  the  duke's  sexrants  and  confidents  all  pa- 
pists P  AVitness  his  Talbots,  Patricks,  end  other 
Irish  teagrues.  Were  not  the  duke  and  sudi  of 
hia  creatures  as  were  known  papists,  proinut- 
«h1  to  all  public  offices  of  trust,  both  at  sea  and 
land  ?  Witnpss  Bellasis,  now  a  traitor  in  the 
Tower.  Did  not  James,  by  Coleman,  Thro^f- 
inorton,  and  others  hold  open  correspondency 


should  ofiend,  guilty  of  a  peaiuiiire ;  but  ta 
stop  the  people's  mouths  wficnever  he  ahooM 
act  any  uiinv  in  favour  of  popery,  as  he  was 
then  resolved  to  do  P 

*'  Is  it  not  manifest  therefore  that  Scotch 
oaths,  Rreda  promises,  protestant  profeaskm, 
libertv  of  couscience,  vrar  with  France,  nving 
of  FlandpTs,  is  all  in  jest  to  delude  proteHaoi 


with  the  pope  and  cardinals  ?  And  could  Charles  '  suitjects  ?     Is  it  not  apparent  that  breaking  ol 


leaf^ucs,  Dutch  war,  Snayma  fleet,  Frem 
nioHsurcs  to  favour  their  conquests,  Kms  oI 
ships,  war  in  Christendom,  blood  of  Pkoln* 
taiiu,  rc|nie\-in(;f  of  I^ypish  traitnra,  is  all  in 
earnest,  and  done  in  favour  of  popery  ?  And 
arc  not  his  fair  speeches,  his  true  proleafeMt 
love  to  parliaments,  just  rights,  ana  Engfiah 
liberties,  his  pretended  ignorance  of  the  plot, 
and  bis  hanging  of  traitors  to  serve  t  turn  bil 
in  mere  jest  ?  Are  not  his  great  debaucherisf, 
liis  whoring  courtiers,  iiopisn  councils*  chest- 
ing rogues,  hellish  plottings,  his  saving  rf 
traitors,  his  French  pensioners,  hia  ncrti  of 
whores,  and  swarms  of  bastards,  hia  Macks, 
hits  cut -throats,  his  horrid  murderers,  his 
bniTiiii;;^  of  London  and  the  nrovosi's  house  fos, 
his  sham  plotting,  his  suoomfd  villains,  Ui 
popif:!)  oiKcera  by  sea  and  land,  his  stmggttmn 
fDr  a  popish  successor,  his  agreements  wm 
Franco,  his  frequent  dissolutions  of  parliamols^ 
his  buyintj  of  voices,  his  false  returns,  all  cl 
them  deiigiir-  to  niin  us  in  good  earnest,  and  in' 
fn^  our  of  arbitrary  government  ?    And  is  il  not 


be*  ignorant  of  all  this  ?  Nay,  he  liked  all  so  i 
well,  that  he  liardlv  employc^rl  any  alwut  him 
bi|t  papiifts,  as  Clifford,  whom  he  made  trca- 
sui*er  ;  or  employed  any  abroad  but  persons  of 
the  same  stamp*.  Witness  Godolphm,  whom 
he  sent  ambassador  into  8{Mun,  as  he  did  otliers 
elsewhere;  what  more  obvious  than  that, 
though  the  duke's  treachery  against  the  king- 
dom and  protestant  religicm  be  fully  made  out, 
and  the  people  and  parliament  seek  to  brbg 
him  to  a  len^l  trial,  vet  Charles  obstructs  jus- 
tice, and  will  notsuilfer  it?  How  can  this  be, 
but  that  he  is  joined  in  will  anil  in  deed  in  all 
the  duke's  villainies,  and  that  he  is  afraid  to 
be  discovered  and  found  out  to  he  a  papLst,  and 
a  betrayer  of  his  people  and  th6  protestant  re- 
ligion r  If  he  n-as  heartily  concerned  for  our 
religion,  would  he  not  oppose  a  popish  succes- 
sor, who  would  infallibly  overthrow  it ;  Can 
there  be  any  thing  more  evident,  than  that  he 
continues  the  duke's  atlhercnts,  and  those  who 
^vere  advanced  by  him  in  all  offices  of  tnist  ? 
And  tiaih  he  not  turnid  out  of  his  counsel  the 

most  zealous  protcstants,  such  as  Sh&ttesbiiry,  '  in  ord(?r  to  this  blessed  end  that  you  see 
Essex,  and  others,  and  inli-oduccxl  in  tlK-irit>oms  I  cniintriiariCiKl  by  Charles  and  James,  bat 
oth|T  mere  ((Mils,  or  those  that  a'.-c  iwpivchiy  and  ]  chnrcli  i=:i|'i«:t?;.  betraying  bishops,  tantivy  ab* 
arbitrarily  a  Olttixl  ?  Ilath  he  not  moilelUMl  mII  !  horrers,  barkuig  touztrs,  poiiish  scribblers  to 
thesheritTi  and  justicps  thrcmijhout  En<?ljniil,  j  drcriv»*  the  pciplc,  and  fix  the  (vpishsucces- 
ii  sul»servien(-y  to  a  impish  desi(':n  r'  Whs  not  : 'or's  ille:;nl  title?  Are  ran  .Jesuits  counsels, 
sir  William  Waller,  ai:d  Dr.  Chaml)eihin,  and  ■  Ficncii  ussistauro  to  conquar  Inland,  subdue 
divei*s  others  tiiroeii  uui  of  the  eommis^ion  in  I  Scfitland,  win  riandeir*,  ))?bt  the  Dutch,  gft 
and  about  lAJiuh.n,  merely  for  ht'iug  zealous  I  (h."irsli;[>piijjr.  be  masters  of  ihc  :>eas?  And 
prosecutoi-s  of  priests  and  ji:ifiists  ?  Doth  not  ai-e  net  i.u'i:j^  a  icbcltion,  kltmg  the  plutgo  on, 
Charlcfj  all  ht:  can  to  hindei*  t!ie  fiirrhiT  dc-  the  en»lcrivonrin:i"  to  rotricvf:  the  popish  caws 
«<fction  of  tlic  f>opish  plot  ?  And  doth  he  not  by  p.<^lliii;;  a  popi«ih  pensionary,  abhorring  par- 
to  his  utmost  di^'uiinttmanrr  the  discoverers  of  ,  hJiniciit'i,  \*ho  shall  betray  tlieii  country,  tin- 
it,  and  sufi'er  tliein  to  want  breafli*  And  doih  j  slave  p<»strrir^',  and  drstn>y  tiiemselxes  at  last, 
he  not  in  the  mean  time  ^jlrntifblly  rncourape  !nra'i=-oiiiyto*Ra\ea  inipish traitorous NUCcrsBOr, 
undrctianl  Fit/geraltl  and  all  the  sham  plot-  ',  Jiod  a  priAcnt  [lopisn  p'isjicssor?  James  aod 
ter;s?  Whereas  Dajij^erfield  h:id  H/.  a  week  I  Charles  are  hrelhrcn  in  iiiinuity,  c»rnipt  bodi 
whilst  a  fon?^r  of  plots  agains?  ihc'  proiestant>,  '  in  root  ar.d  branch,  and  who  study  to  eushre 
he  is  cast  on  with  srx)rn,  and  in  daiijrer  of  his  j  I'.iijf'and  to  a  French  and  llomi«di  yoke,  is  irt 
life,  since  he  laid  open  ihc  popish  engineers,  j  ail  tliis  plain  ?  Havey 
Is  not  Charles  so  much  in  l(>ve  with  his  )>opisli 
Irish  relK'ls.  (therein  truiding  in  his  father's 
steps)  that  lie  pruniote;*  Mongarret,  Carhng- 
ford,  Filz-P.itnck,  and  others,  who  were  the 
heads  of  the  rebellion,  to  honours  and  prefL-r- 
i.ient ;  thoiip>h  Charles  took  the  covenant  and 
coronati'in  oath  lo  preserve  the  protestant  reli- 
jfion,  yet  hath  he  not  palpably  broken  them?  y 
Ilo  made  luigo  pn>mist:s  and* protestations  at  ;  y 

Hreda  for  the  allowii)<r  a  |»er|)etual  lilierty  of    niember  how  that  the  asserting  of  their  libff* 
coi^ience  to  nun-conmrming  urotesUnts,  but    ties,  justilied  both  by  success  and  law,  the  wit 
he  soon  forgot  them  all :  To  what  end  was  tlie 
act,  which  \t  as  made  soon  ailer  his  restoration, 
prohibiting  any  to  call  him  papist,  or  to  say  he 
WIS  popisbly  indined,   and  naiiier  Huch  aa 


plain  ?  Have  you  not  ex  es,  sense,  or  fed" 
inj,^ ;'  A^'hf i-e  i.-  the  old  English  noble  spirit? 
.\re  you  l?econ!e  French  asses,  to  suffer  ssf 
load  to  be  laid  tipon  you  P  And  therefon  if 
you  can  gel  no  rentedy  from  this  next  paifis> 
hient,  (as  i'citdhily  you  will  not)  and  if  Chaikl 
doih  not  rt*])ent  and  comply  with  it,  then  updl 
as  one  man.  O  bra^e  Englishmen,  loos  tS 
our  own  defence  ere  it  be  too  late ;  rouae  if 
our  spirits,  remember  your  predecessors,  ic- 


of  the  barons  against  wicked  ooimflcUors 
misled  the  king.    And  will  you  now  let  tlisftgi 
which  coat  them  so  dear  ?  How  many  oppntf- 
iug  kii^gfs  have  been  deposed  in  this  mtiiiii  si 


301 J  STATE  TRIALS,  33  Chari.Es  IL  \6BU— Edward  Fitzharris.  [362 


ippeftTS  in  rpconls  referred  unto  in  that  worthy 
patrioc^  history  of  the  succession ;  were  not 
Richanl  2,  and  Henry  C,  both  laid  aside,  not 
to  mention  others,  and  was  there  ever  such  a 
faig  as  this  of  ours  ?  Was  not  king  John  de- 
posed for  going  about  to  embrace  the  Ma- 
homelaa  religion,  and  fur  entering:  into  a 
letgne  with  the  Ijingj  of  Morocco  to  that  mir- 
pste.'  Though  Mahometanism  and  the  king 
•f  Morocco  were  no  such  enemies  to  our  rights 
aid  hberties,  fts  popery  and  the  French  are. 
kit  not  timc  then  tliat  all  should  be  leady  ? 
Ut  the  city  of  fj»^  don  stand  by  the  parliamont, 
for  the  maiatmining  of  their  liberties  and  rcVi- 
m  in  an  extreme  way,  if  parhanientary 
vivB  be  not  consented  unto  by  the  knij?,  let 
dbe'eonnties  be  ready  to  enter  into  an  associa- 
M,  as  the  county  of  York  did  in  Henrj'  the 
etb'stixno." 

L.  C.  J.  GciilUnucn,  no\v  you  have  liciuil  it 
Rid,  and  you  may  ol*servc  there  is  nothing  in 
ibis  paper  can  exicnuatc  or  mitigate  the  clauses, 
bat  abuodance  to  make  them  more  hoirid  and 
eseeediiKly  acrgnivated. 

AlLGtm.  "Tlicn  call  Mr.  Saville,  who  was 
ihepcnoa  Mr.  Everanl  did  meet  with,  and  ac- 
yJmwrth  this  business  (but  he.  did  not  an- 
wBU.)  Then  call  sir  Philip  Lloyd  and  Mr. 
fie^Ifcman.  My  lonl,  tlie  next  piece  of  cvi- 
droce  we  shall  give,  is  this  ;  sir  ^Villiam 
WiUer  and  3Ir.  Everard  do  both  say,  that  he 
"an-  part  of  his  instructions  under  his  own 
Cad  ;  we  shall  produce  the  paper,  and  prove 
he  acknowledged  it  to  be  his  own  hand. 

[Then  the  Paper  was  produced.J 

i!t.  Gen,  Who  writ  that.  Sir  ? 

Ewraril.  Mr.  Fitzharris. 

111.  Gen.  Are  those  the  instructions  he  gave 
pits  frame  this  libel? 

iMrmrd.  These  are  part  of  the  instructions, 
BT  M  ;  the  other  part  I  took  in  my  table- 
ktk  before  3Ir.  Smith. 

An.  Ctm.  We  will  prove  it  by  other  wit- 
sir  Philip  Lloyd,  and  Mr.  Bridgeman. 

Mr.  Brid'ieman  sworn. 


V 


Aii.  Gen,  Did  theprisoner  acknowledge  that 
a kt  all  his  own  hand- writing  ? 

Brui^rman.  Yes,  mv  lord,  Mr.  Fitzharris 
CdackDiuwl«lge  it  to  be  all  writ  with  his  own 

bid. 

Sir  PAUip  JJojfd  sworn. 

fr  F.  Wifhint.  Look  upon  that  paper.  Sir, 
(vlitb  hedid.)  Dkl  Mr.  Fitzharris  acknowledge 
il«»  his  hand  writing  ? 

fc  P.  IMnfd,  Yes  he  did  ;  and  that  I  might 
liVlolimony  of  it  the  better,  I  writ  with  my 
•mkvid  oa  the  bw;k  of  it,  that  he  did  so. 

Mt.  Gtn.  Kead  it 

GL  ^Cr,  reads,  **  After  this  sham  meeting 
tfihe  parfiament  at  Oxon,  which  nobody 
II  m  ny  good  of,   it  wiQ   be  necessary 

'§aL  Gm.  ffccae  wofds  are  likewise  in  the 


L.  C.  J.  When  was  that  ^vcn  to  you,  Mr. 
Everard  ?  for—Mr.  Fitzhams  it  seenis  owned 
it  before  the  lords  in  the  ccuncil,  but  Mr.  Ever- 
ard swears  of  the  delivery  of  it ;  what  time 
was  it  'i 

Kverard.  It  was  either  3Ion»lay  or  Tuesday. 
L.  C.  J.  In  February,  >vas  it  not .' 
Everard.  Ves,  anil '  I  asked  captain  Fitz- 
harris, according  to  sir » » illiam  Waller's  queries, 
whether  he  had  given  instructTr>ns  acconling  to 
what  he  would  have  contained  m  the  thing  ? 
Yes,  said  he  ;  but  have  you  not  enough  under 
my  own  hand  to  do  it  bv  ? 

Scrj.  Jlffljywar^.  My  lonK  wn  have  done  our 
evidence,  w'e  will  leave  it  no.v  to  hear  what  the 
prisoner  will  say  for  his  dt'fence. 

L,  C.  J.  Mr.  Fitzharris,  if  you  have  any 
thin:;  to  say  for  your  defence,  this  is  your  time 
to  do  it. 

Fltzh.  Yes,  my  lord.  Dr.  Oates,  I  desire, 
may  be  called. 

At  I,  Gen.  Tf  you  have  any  witnesses,  name 
them. 

Mrs.  Fitzh.  Yes,  yes,  Dr.  Oates?  and 
ask  him  what  he  heard  Mr.  Kverard  say. 

L.  C.  J.  AVhat  soy  you  to  Dr.  Oates  ?  hen 
h(^  is. 

Fitzh.  Pray,  Doctor,  what  have  you  heard 
Mr.  E>emrd  say  about  this  libel  smcelwaa 
taken  P 

Dr.  Gates,  My  lord,  after  this  business  wai 
talkcfl  of  abroad,  having  heard  that  sir  WiDiain 
\Vallcr  and  Everanl  had  made  the  discovery,  1 
di<l  discourse  Air.  Everard  about  the  business, 
and  about  the  libel.  He  told  me  he  wrote  th< 
libd,  and  when  I  would  not  bc*lieve  it,  the  mac 
was  a  little  angry  that  I  would  notbeliev< 
it :  And  then  I  told  him  he  was  a  man  very  un* 
fortunate  in  speaking  ;  for  bespoke  but  badly 
He  said,  though  he  was  unfortunate  in  bii 
tongue,  yirt  he  was  as  fortunate  in  his  pen,  am 
that  he  UH)k  a  great  deal  out  of  the  intercepts 
letter  to  Hoger  L'Estrange  :  and  I  then  askei 
him  what  the  design  ot  it  was,  he  tokl  me,  it  wa 
to  he  printed,  and  to  be  sent  about  by  the  penn] 
poi»t  to  the  protesting  lords,  and  the  leading  mca 
m  the  House  of  Commons,  and  they  were  tob 
taicen  up  as  soon  as  they  had  *it,  and  to  b 
>;cai*che<l,  and  tu  have  it  foinid  about  them. 
\\v.w  asked  liim  it'  there  were  any  other  person 
concerned  in  it,  besides  those  publicly  talked  of 
he  told  me  the  ctiurt  had  a  baud  in  it,  and  the  kin: 


had  given  Fitzharris  money  already,  and  woul 
giveliiin  monMf  it  had  success.  *This  he  to] 
me  at  Ox  AM,  an<l  beibre  he  \%  ent  thither,  an 
after. 

Fitzh,  Mr.  Sheriff  Cornish,  I  do  beg  yQ 
say  what  his  majesty  told  yon,  when  you  can 
to  him  from  me,  when  I  was  in  Newgate. 

Siurijf.  1  do  not  know  what  you  call  me  fo 
^Ir.  Fitzharris. 

Fazk,  1  flesirc  you  to  acnuaint  the  con 
what  the  king  said'  to  you  when  ^'ou  came 
hun  from  Newgate  from  me. 

Sheriff.    My  lonl,  I  shall  desire  your  lor 
ship's  opinion  in   this  matter,  wheflier  it 
•eemly  or  decent  for  a  snl^ect  to  declare  wli 


363]  STAT£ TRIALS,  33  Ch AHLBS  II.  \6^l.^Proceedmg» kgainM  [364 


diMOurae  his  prince  is  pleased  to  hart  with 
him? 

X.  C  J.  look  youy  Sir,  if  you  |pve  any 
evideuoey  give  it.  We  are  not  to  direct  any 
witness  wnedier  they  shall  give  their  evidence, 
Qrnot 

Alt.  Gen.  Bfr.  Sheriff,  yon  onght  to  do  it 
openly,  if  you  give  any  ;  therefore  pray  let  us 
hear  you. 

Sheriff.  M  V  lord,  I  cannot  remember  what 
was  said  rcuting  to  this  |iarticular  matter, 
There  was  a  gr^  deal  his  majesty  was  pleased 
to  discourse  witli  me  concerning  tbmgs  of 
■ereral  kinds  and  natures  ;  my  memory  may 
fiul  me  ;  but  if  Mr.  Fitzharris  please  to  ask  as 
tb  any  particular  oiatter. 

Fitxh.  What  the  king  said  when  you  came 
Urom  Newgate  to  him,  to  acquaint  liim  that  I 
would  make  a  discovery :  did  ho  say  I  was  em- 
ployed by  him,  and  recdved  any  money,  and 
what  for? 

Sheriff.  My  lord,  I  do  remember  something 
of  that  Kind.  When  I  was  giving  his  majesty 
ao  account  that  I  found  the  prisoner  at  tlie  bar 
in  a  disposition  to  nuike  a  discovery,  bis  majes- 
ty was  pleased  to  tell  me,  he  had  often  had  him 
before  him  and  his  secretaries  upon  examina^ 
tion,  and  could  make  nothing  at  all  of  what  he 
did  say  or  discover  to  them  ;  and  his  majesty 
was  pleased  likewise  to  say,  that  lie  had  for  near 
three  months  before  aci|uainted  liim,  that  he 
was  in  pursuit  of  a  plot,  a  matter  that  related 
nHuch  to  his  majesty  *s  person  and  government : 
and  the  king  did  say,  in  as  much  as  he  made 
great  protestations  <>i  Iiis  zeal  ibr  his  servire,  he 
did  coimtenancc  and  ^ive  him  souic  money.  J 
know  nothing  niure. 

Att.  Gen.  Did  the  king  ever  declare  that  he 
saw  Fitzharris  in  his  lite,  or  that  he  ever  was  in 
his  presence  ? — Sherijf.   Yes. 

Att.  Gen.  Ay,  but  before  bis  appearing  at 
the  council -table,  did  the  king  ever  suv  ho  saw 
him,  or  before  he  was  arrested  for  this  fact  ? 

Sheriff".  Yes,  his  majesty  was  please<l  to  say 
about  three  months  before,  he  came  to  him, 
and  he  ])reteud(^l  he  would  discover  a  great 
plot  to  him. 

L.  C.  J.  Have  you  any  other  questions  to 
ask  Mr.  Sheriif  P 

Fitzh.  No.     >VTiore  is  colonel  Mansel  ? 

Gates.  My  lonl,  i  desire  tliat  if  the  prisoner 
have  any  more  questions  to  ask  me,  he  may  do 
it ;  because  the  croud  is  great ;  and  I  would 
go  out. 

Fitzh.  Sir,  I  have  many  more  ^estious  to 
ask  you,  I  desire  you  would  plt^se  to  stay. 

L.  C.  J.  You  must  stay  it  he  have  any  more 
questions  to  ask  vou.  Here  is  Col.  Mansel, 
what  say  you  to  him  ? 

t'iuh.  Colonel,  what  did  you  hear  sir  Wil- 
liam Waller  say,  uImt  this  discovery  was  miule? 

Col.  MtiuuL  Thni  whi<*h  t  heard  sir  W. 
Waller  say,  ^^  as  this  :  1  had  occasion  to  speak 
with  sir  .lames  Hayes,  aiul  enquiring  for  him 
1  fouad  be  was  at  the  D«g -Tavern;  so  1  went 
Uj^  and  found  in  the  company  sir  W.  Waller, 
and  another  gcntlemao,  oae  Mr.  Hunt,  aad 


some  more.  Afler  the  rest  of  the  compaogf 
were  gone,  and  only  sir  JaroM  Uayea,  Mr. 
Hunt,  myself,  and  sir  W.  WaUtsr  left,  nr  Wil- 
liam  was  giving  an  account  of  this  .busiaoi, 
and  said  the  kii]^,  when  I  had  aoqoainted  bin 
with  it,  told  me  I  had  done  him  the  greateil 

S'ece  of  service  that  ever  I  had  done  him  in  bi 
e,  and  gave  me  a  great  many  thanla:  but  I 
was  no  sooner  gone  from  theuoe,  but  two  wor- 
thy gcnilei:ien  gave  me  an  account,  that  the  kim 
said,  1  had  broken  all  his  measurea,  and  hi 
would  have  me  taken  off  one  way  w  another. 

Fitzh.  Did  he  sav  any  thifig,  that  it  was  I 
design  to  put  the  libel  upon  the  ProtestaBtLmii 
and  the  f  louse  of  Commons  P 

Col.  MameL  There  was  that  said. 

L.  C.  /.  What  was  said?  Dont  oome  wilb 
your  imperfect  discourses  here ;  hut  if  yoagiie 
evidence,  tell  what  was  s&l. 

Col.  Mantel.  Sir  W.  Waller  said,  that  the 
design  was  against  the  Protestant  Lords,  tad 
the  Pititestant  party. 

Seij.  Maynard.  I  do  not  doubt  that  it  Wfes 
against  the  protestant  party. 

Att.  Gen.  Recollect  yourself:  was  it  i^gaiait 
the  Protestant  Lords,  or  the  Protestant  party. 

Col.  Mansel.  He  said,  the  Protestant  paf^. 

Att.  Gen.  8o  say  we. 

Fitsh.  Did  he  not  say  it  was  another 
plot,  8ir,  against  the  fhnaticks,  and  the 
of  Commons  ?  Wliere  is  Mr.  Hunt  P 

[Mr.  Hunt  appeared.] 

Htmi.  What  would  you  have  with  me,  Mr. 
Fit/harris  ?  I  never  had  any  conversation  wiA 
you  ill  my  life. 

Fitzh.  No,  Sir ;  but  what  have  you  heard 
sir  William  Waller  say  concerning  my  holi- 
ness ? 

Hunt.  My  lord,  \  would  rather  I  had  lost  my 
hearing  for  that  time,  than  have  heard  it  to  re- 
peat it.  Sir  W.  >Vullor  did  teU  me,  at  tlie  D<y- 
tavern,  where  was  sir  James  Hayes,  andcoS- 
nel  Mansel  by,  atlcr  he  had  read  over  the  BImI 
to  us,  there  was  a  ^reat  deal  of  company  more ; 
but  he  only  gave  us  the  curiosity  to  see  wfait 
the  libel  was  :  Aud  when  he  had  read  it,  he  did 
tell  us,  that  tlie  king  gave  hiin  particular  thanks 
for  that  good  service  he  had  done  him  in  detect- 
ing Fitzharris  ;  but  he  said  he  was  told  by  two 
gentlemen  that  had  heard  the  king  sjieak  it, 
who  were  of  undoubted  credit,  that  the  kioff 
was  in  an  extreme  passion,  bestowed  many  hnv 
names  on  him,  and  said,  he  n'oulil  give  soy 
thing  in  tbe  worid  to  take  him  out  of  the  world; 
tliat  he  ivia  an  insuflerable  vexation  to  hiflk 
and  that  he  had  broken  all  his  measures.  AiA 
lie  said  the  same  things  again,  in  theprescnei 
of  sir  Philip  Ilarcourt,  and  my  lord  Uadaor^ 
son  Mr.  llobert^,  at  capt.  Ualrs  chamber,  ia 
Peinbroke-iM)lU»>fe  in  (>X(»n. 

Att.  Gui.  Wliatdidhe  say  about  the  pn- 
soner. 

HttrU.  This  was  about  theUbel  of  Fitahanit 
that  the  king  gave  him  {larticular  tlianks  abMff 
that  business  :  And  afterwards  the  king  didcB* 
press  great  passion,  in  some  short  lim      '^  ' 


^AIE  TRIALS,  33CHAIILKS  II.  iSSL-^Edwrn^d  Bizhmrk.         [S6& 


Mw :  Amd  he  did  say  he  was  informed 
itDcsses,  dMt  beard  the  king  say  it,  he 
i  what  to  do  with  him,  he  mke  aU  his 


I. 


he  not  say,  this  was  a  design 
ae  protestants  ? 

He  did  say  it  was  a  design  to  oon- 
se  pa|ier8  into  the  hands  of  peonle, 
them  e^ideaoes  of  rebellion ;  and  tnat 
a|>|wrhm«op  of  the  tiling.  And  he 
ler  (for  I  am  a  witness  here,  and  must 
Dsy  knowledge)  that  he  had  another 
eh  he  had  traced  near  to  a  full  dis- 
Dost  horrid  Plot  than  this  or  Danger- 
for  he  saidy  this  was  the  counterpart  of 
eld's  Pk>t.  I  hope  he  will  not  deny 
be  asked,  here  he  is,  and  upon  his 
am  not,  and  I  desire  not  to  talw  credit 
t  but  ara  Hilling  to  give  my  testimony 

Where  is  Dr.  Gary  ? 
Ii.  Cornitk,  Dr.  Gary  is  not  well,  my 
can't  come. 

Then  Mr.  Sheriff  Bethell. 

Mv  lord,  I  pray  I  may  be  discharged. 
/.  l>ocUur,  we  hxre  nothing  to  say  to 
the  prisoner  hath  more  questions  to  ask 
ii  not  we  that  detain  you,  but  you  stay 
'  prisoner's  account. 

Mr.  Sheriff  Bethell,  I  desire  to  know 
u  can  say  concerning  Mr.  Everard. 
k.  BctkelL  My  lord,  I  know  nothing 
St erard  as  to  his  business,  save  that  he 
be  writ  the  libel  himself.  Ami  I  oon- 
r  lord,  further,  that  before  ever  he  knew 
,  or  before  ever  be  heard  me  speak  a 
bis  days,  he  put  in  an  infimntitioa  of 
igainst  me,  at  the  instigation  of  one 
■own  to  be  my  mortal  enemy :  And 

so  groundless,  that  though  it  was 
an  ago  given  in,  yet  1  never  heard  a 
it  till  Fnday  last,  1  can  bring  witnesses 
peno|tt(  tliat  sent  the  notice  of  it  to  n;e. 
.  I'ray  call  Mrs.  Wall,  (who  came 
Xfm  har  seat.) 

<.  Bits.  Wall,  pray,  will  yon  tell  the 
mve  not  I  convened  some  hbeU  and 
ibfe  lepers  to  the  King  by  your  means, 
rived  money  upon  tbat  account  ? 
WmlL  Not  as  1  know  of. 
.  Dill  not  you  receive  some  of  them 
e  to  ffive  to  the  king  ? 
WuU.    No  indeed,  not  I. 
u  Iatbefootnianlierethatwasby,whcn 
A  me  the  mtiney. 

WmiL  Yes,  and  the  porter  too,  though 
m  Mt  sobpoMiaM  them. 
L  How  amgagoistbat? 
VUC  To  years  ago. 
L   Was  Ii  not  arout  Ghristimas   last 
||m-aionth  1  gave  you  the  libel  about 
Mii  vour  lady ;  and  the  king  thanked 
iipiVt  Hid  1  had  950/.  given  me? 
El  wall,  don't  think  to  trick  me  out  of 
for  I  will  not  be  tricked  so. 
C^n  you  deny  that  I  had 
WiB,ha4l9M)/P 


Mrs.  Wall.  That  was  not  the  question  yoB 
asked  me  at  first. 

FUih.  But  sDMbak,  had  I  it  P 

Mrs.  Wall,  There  was  S50/.  I  think  it  was 
900  or  150,  S50/. 

FUsk.  What  use  was  it  for  ?  and  upon  what 
account? 

Mrs.  Wall.  You  do  know  it  was  not  for 
any  libel.  ' 

Fitsh.  If  you  have  any  mind,  tell  it 

Mrs.  Wall.  There  it  is:  (Delivering  in  a 
paper  to  be  read.) 

CI.  of  Cr.  The  humble  petition  of  Edward 
Fitzharris. 

Mrs.  WaU.  I  really  took  him  for  as  boneat  a 
man  as  ever  I  knew  in  my  life ;  and  had  it 
been  in  my  power  to  have  done  him  a  kindness, 
I  should  not  have  fiuled  to  have  done  it 

Alt.  Gen.  Was  he  vour  countryman,  madam  F 

Mri.  Wall.  Yes,  ne  is,  and  my  refa^km  too. 
I  knew  him  to  be  the  son  of  a  very  soflering, 
loyal  family ;  and  while  his  mother  was  m 
town,  he  came  often  to  our  house;  wad  wbea- 
she  went  away,  he  left  visiting  the  house  a 
great  while.  And  you,  Mr.  Fitsharris,  did 
once  tell  me,  you  could  bring  in  people  to  the 
kins^  interest,  that  were  very  considerable. 
So  1  spoke  to  the  secretary  of  state  about  yon, 
that  there  was  one  that  had  been  with  rao,  and 
told  me,  that  he  eould  bring  in  those  to  the 
king  and  duke'a  interest  that  were  very  oonri- 
deraUe.  The  secretary  of  slate  desired  of  n<* 
to  know  who  they  were  ;  and  then  he  named 
to  me  one  Thomas  Merrey,  and  another  person, 
who  I  desire  to  be  excused  from  naming.  Hho 
other  party  he  did  name  was  tliought  odhsi- 
deraUe,  both  for  quality  and  undentanding  ; 
and  the  secretar}'  deshred  me  to  get  him  in,  tf  I 
could. 

Alt.  Gen,  Pray,  madam,  who  was  it  f 

Mrs.  Wall.  I  oesire  Mr.  Fitzharris  may  tell 


vou. 


FUzh.  No,  Mrs.  Wall,  pray  do  j'ou  tell  it, 
since  you  have  spoke  of  it. 

Mn.  Wall. '  I  say  nothing  but  what  I  will 
take  my  oath  of. 

Fitzn.  Then  you  will  never  swear  that  which 
is  true.    Pray,  Mrs.  WaU,  speak,  who  was  H  i' 

Mrs.  WaU.  I  desire  I  may  not  name  him  : 
but  he  may. 

Att.  Gen,  lie  will  not. 

Mrs.  Wall,  Truly  1  do  not  think  it  conve- 
nient for  me  to  name  uwh  |iersons  as  those  are^ 
upon  such  accoimts. 

Fitzh.  Pray,  Mrs.  Wall,  name  the  person 
that  1  would  have  brought  into  the  king's  ser- 
ricc. 

Mrs.  Wall.  If  the  Gourt  commands  me,  I 
will ;  otherwise  1  will  not. 

Fttzk.  Did  yon  ever,  upon  any  snch  account 
as  this,  receive  any  money  fbr  me  ?  Speak  die 
truth. 

Mrs.  WalL  God  forbkl  yoir  blood  should  lie 
at  my  door ;  I  assure  yon,  I  should  be  sorry 
for  it.  He  told  me,  these  persons  were  consi- 
derable for  the  king's  interest,  and  could  do  him 
aitraordinaiy  good  service.    8o,  as  I  said,  1 


367]         STATE  TRIALS,  33  Chajilss  II.  166U--' Proceedings  againH         [368 


apoke  to  the  lecretary  of  state  ;  and  he  wouM 
know  who  they  were.  And  when  lie  was  told 
who  they  were,  as  for  one  of  them,  Thoinas 
Merrey,  he  was  not  thouj^ht  worth  the  looking 
after,  for  he  was  lliought  an  hicuusiderable 
nwcaL;  hut  as  for  the  other  srentleman,  he  was 
thought  a  man  of  worth,  and  a  person,  that,  if 
he  would,  could  really  serve  the  kin^f.  Upon 
this,  when  you  first  came,  1  was  never  at  re.-it 
for  you  ;  and  therefore,  after  a  while,  befoi'e 
you  came  again,  I  gave  the  porter  order  to  tell 
you,  I  was  not  at  home;    and  I  desire  the 

rirter  nuiy  be  asked  tlie  ipiestion.  But  when 
next  saw  the  secretary,  I  desired  that  he 
wouU  give  them  a  |io&itive  answer,  one  way  or 
the  other ;  and  the  next  thne  I  saw  you,  this 
was  your  business,  and  I  told  the  secretary  of 
state  of  it.  You  ^ve  me  this  impcr,  and  de- 
nred  me  to  solicit  for  your  quit- rent  in  Ire- 
land, for  you  were  in  great  misery,  and  had 
been  a  great  sufferer.  So  I  spiiku  to  the 
dutchess  of  Portsmouth,  and  she  spoke  to  the 
•secretary  of  state;  that  if  this  man  be  so  con- 
sidei'able  a  sufferer,  it  is  convenient  to  give  him 
somethiug  for  his  encouragement  :  and  if  you 
uillcive  him  something,  said  I,  give  it  him  , 
fiiuckly.  Iwasfour,  if  not  six  months,  a- getting  ' 
toil  money. 

FitzM,  Hut  will  you  say  it  was  upon  that 
aeeoimt  ?  When  was  that  money  paid  i* 

Mrs.  WaU.  I  never  tlitniglit  I  should  lie  ; 
brought  in  for  a  witness  ;  or  that  you  woidd  - 
have  abused  uie  thus  for  mv  kindness. 

Fttzh.  "When  were  those  papers  afivcn  you  . 
that  vou  pixxlueed  ? 

i\Jrs.  \VatL  1  wish  I  may  rn  '.er  see  the  face 
of  Ciod,  if  I  know  any  more  tlmn  what  I  L,''ave 
evidence  ;  thei*e  are  the  papei  s.  th«\v  ^vill  tell 
you  the  time. 

Fitsh.  Did  I  give  them  you  '.' 

Mrs.  Wuli,  You  «»r  youV  wife  ilid  ;  and  1 
sujmoseyour  wife's  comlitiuu  was  y(Kus.  i 

Fitxfi.  Was  not  the  money  receiveil  befoic  ; 
tliose  papers  over  were  given  you  ."*  ; 

Mrs.  U'till.  Nay,  >!r.  Fitzlir.rris,  I  uill  tell  ! 
vou  more  ;  semi  to  Mr.  Uenrj'  Ciuy,  and  let  ; 
Kim  tell  you  w  hen  ho  paiil  it  you.  ' 

Fi/zt'i.  Call  tile  poiter,  and  the  footman  it' 
he  be  here. 

/..  C.J.  Il'y  oil  would  ask  any  more  ques-  ; 
tiims  of  Mr*i.  \\'M\,  do.  ! 

FUmh.  Did  not  1  come  to  you  the  We«lnes-  j 
flay  Ik'tore  1  was  t  J;en,  auii  told  vou,  I  desii-ed 
fu  speak  with  T-ie  ki)i>j^,  and  that  1  liad  a  libel  to  \ 
pre^Qt  luhi:u  t 

IMi's.  Wall.  No,  so  tar  from  that,  that  it  was 
ihe  ThurMl-u  lu'to;-!-  viui  were  taken,  vou  came 
ubou;  nine  u\-Ioi'k  at  nit^ht  to  our  lod<;ri"i;^«  &od  i 
^cnt  up  t->  Tny  ehanil'.ei-  ;  and  I  sent  wortl  that  i 
Jlr.  1  ou!iiii«-  was  liure,  for  I  did  not  care  to 
m:o   ^ou  :    but  you  sent    word   up,  you   had  . 
«iomeiliin|T  of  eoii>MHiue*iee  to  toll  me.     fcjo   1  i 
tame  down,  and  \ou  desired  me  to  bring  you  i 
lotiiw  speecii  of  xhv  king,  which   was  a  tiling  | 
you  did  never  dvsiii'e  before :  and  you  said  thus,  j 
If  you  did  but  see  the  king,  \ou  believed  you  | 
could  say  fouiciluuif  to  hiw  tfiat  might  dt>  huu  t 
Jervice.  I 


Fitzh.  Did  not  I  say,  here  is  the  libel  thai  1 
come  to  deliver  to  the  king  now  ? 

Blrs.  Wall.  No,  as  I  have  a  soul  to  be  saved. 

Fitzh.  Mrs.  Wall,  I  did,  and  tliis  was  what 
vou  said  at  the  same  time :  that  stnce  my  lord 
Sunderland  was  gone,  you  could  have  no  lecRt 
service.  1  did  desire  to  speak  with  the  kiag 
privately,  those  were  the  words ;  and  you  ma 
me,  you  could  not  so  easily  do  biunnm  with 
the  king,  since  my  lord  Sunderland's  time. 

/..  C  /.  We  must  not  let  you  hold  a  dia- 
logue between  yourselves,  3'ou  must  speak  that 
tlie  Court  may  near. 

Att.  Geu.  Was  not  he  a  Roman  Cathotic  P 

Mrs.  Wall.  Yes,  we  looked  upon  him  to, 
and  upon  that  accouut  we  said  it  was  daager- 
ous  for  him  to  {;o  near  the  king. 

Alt.  Gen,  Did  not  you  know  that  ever  hi 
was  admitted  to  the  king 't 

iMrs.  Wall.  Ne\er ;  but  he  hath  been  talkflf 
w  ith  me  in  a  room  as  the  kuig  passed  by. 

Att.  Gen.  Did  the  king  ever  take  any  notke 
of  him,  speak  to  him  ? 

Mrs.  W'ttll,  The  king  never  took  notioe  of 
him,  nor  sjioke  with  him  by  my  means,  nor 
gave  him  money,  other  thau  what  I  speak  U, 
nor  the  duchess  of  Portsmouth. 

L.  C.  J.  Look  you,  Mrs.  Wall,  I  think  voa 
do  say,  that  there  was  some  money  paid  to  ib. 
ritzharris ;  pray  speak  plain,  upon  what  ae- 
eoimt was  it  paid  ? 

Mrs.  Waft.  My  lord,  it  was  f<ir  thebringisg 
in  of  my  loi*d  Howard  of  Kscrick,  who  is  there; 
since  you  press  me  to  it,  I  must  tell ;  I  thisk 
my  lord  wdl  not  deny  it. 

Loi*d  Houiitrd.  I  will  never  deny  the  truth. 

Filih.  Where  was  my  lord  Howard  of 
Iiseriek  ! 

Mis.  WtAiL  He  was  not  so  niucli  for  the 
kiiig\  iiittre^t,  or  that  wliicli  tb.ey  call  the 
kind's  iiiieix^st. 

i'\:zh.  How  long  is  this  since? 

Mrs.  Wall.  Two  years  aifo  since  he  cans 
first  to'  me  ;  but  whether'  it  be  a  year  and  a 
hah  since  niv  lonl  met  with  thekio!;,  1  camwt 
lell. 

FUih.  When  my  lord  vias  adiiiitte«l  in  to  the 
kin^.  1  did  wait  on  him  to  that  purp.ose,  to  bring 
in  aiy  loid  Howard. 

>ir=.  WttU.  I  desire  that  my  hml  Howaid 
may  Im-;  ;;.sketl,  whether  he  do  not  remember, 
when  the  kin'TWJWcinuing,  >lr.  Fitzhariiswii 
put  <*iu  oftlu:  io<»m  iu-st. 

Fuzh.  Vou  s:n  .  1  never  shewed  anv  libel  I* 
the  kinu'. 

Mrs.  Mtiil.  1  tell  you  what  I  suid  since  to 
this  ^vntieman  that  is  heiv  :  i  wish  you  bad 
shewn  the  hlw:!  unto  u:e,  that  £  mi^ht  have 
b«*cii  in  a  eaiKieity  oi'  ^a\  :n*r  your  lile. 

Fiti.it.  Vou  s:"ul,  that  1  'h;id  the  'ioOl.  fof 
bringing  in  my  lord  Howard. 

.>irs.  Waif.  I  say,  it  w&s  upon  promise  la 
bring  in  persons  that  would  be  useful  and  acr« 
\  ict'abU.'  to  the  king. 

L.  ('.  J.  2SheLs  your  own  witness,  and  ihi, 
tells  you,  twu  persons  you  did  uudertakt  II 
bring  in,  auU  fur  that  you  bad  ibis  money, 

1 


i69l 


STATE  TRIALS,  33  Charles  II.  l6&l.^Edward  Fiizharris. 


[376 


>lri.  Wali.  It  was  his  poverty  and  Uiis  to- 
letiwr. 

Keij.  Juries.  Mrs.  Wall,  I  conceive  he 
nerer  diaoovered  this  libel  unto  you  ;  but  pray, 
did  he  ever  discoarse  with  you  about  Evcrard  ? 
And  what  character  did  he  give  him  ? 

Mrs.  Wait.  Once  he  did,  and  he  said  he  was 
aa  hooeat  man ;  and  asked  me  it'  I  would  be 
aisqnainted  w^th  him  ?  1  told  him  no,  for  he  had 
a  knavish  repntation  ;  he  was  an  intbniier,  and 
I  cared  for  no  informers. 

FUmM.  Mrs.  Wall,  to  let  the  world  see  how 
you  shuffle  about  me,  when  did  the  kin^sce 
my  lord  Howard  first,  when  I  brought  him  ? 

Mn.  Wali.  I  don't  know,  ask  my  lord 
Uovard. 

FUxAm  Did  not  I  speak  to  the  kinpf  in  the 
OHter  room  ?  and  did  not  you  get  me  to  make  a 
rtand  there? 

Mrs.  WalL  Mr.  Fitzharris,  don't  mak^  me 
teH  that  thin}^. 

FitMA.     l^ray  speak  the  truth,  Mrs.  Wall. 

Mrs.  Waii.  I  defy  you  and  all  mankind,  to 
say  I  do  otherwise.  You  did  desire  me  to  tell 
the  duke,  that  you  would  first  bring  my  loni  to 
him,  and  then  to  the  king ;  and  1  s{wke  to  the 
duke,  and  he  said,  you  were  a  rascal,  and  he 
would  not  meddle  with  you :  This  you  know. 

Fiijk.  Did  not  my  lady  Portsmouth  tell  me, 
the  dnke  was  anffry*,  &c. 

Mrs.  Wali,  Mr.*  Fitzharris,  when  you  mme 
to  me  upon  such  an  errand,  was  it  rcaisonable 
that  1  sttouM  brinj^  you,  upon  etery  trifle,  to 
the  speech  of  the  king,  and  1  sliould  not  bring 
\Qtt  then?  it  is  without  sense  and  reason. 

L.  C.  /.  You  must  ncit  ask  quefftiorif,  but 
answer.  And  Mr.  Fitzliarris,  do  you  design 
to  detect  Mrs.  Wall  of  talseliood  ?  she  is  your 
own  witWy  you  consider  not  you  can  gc*t  no- 
thinr  by  that. 

j/iigk.  My  lord,  when  you  see  the  papers 
pnidtaeed,  you  vi-ill  find  it  is  upon  another  ac- 
eowkt. 

Mis.  nW/.  Is  this  your  hand,  Mr.  Fitz- 
hsrris  ?  (shewing  him  a  paper.) 

Fitzh,  But  is  not  this  upon  the  account  of  a 
peifton  granted  in  Ireland  ?  Pray  let  the  gen- 
tleoMD  (S'  the  jury  sec,  this  is  of  another  dif- 
ftrent  nature ;  I  appeal  to  my  k>rd  Howard  of 
Escrick,  whether  he  did  not  speak  to  my  lady 
•boot  it. 

Lord  Hcvard.  I  did  so. 

Mrs.  WalL  My  kird  did  Kecond  my  lady,  to 
ftt  yon  some  ohai-ity. 

Fiizh.  8o  that  the  money  rcci-ivcd  here  was 
phinly  upon  another  account. 

L.  U.  J.  liook  you,  if  you  will  have  any  pa- 
ytn  read,  they  sliail  be  read.  But  the  gentle- 
■lea  ^>f  the  jury  must  not  see  any  papers  but 
IT  bat  are  read. 

Then  the  Petition  of  liTrs.  Fitzharris,  and  the 
king's  !r;tter  t*»  the  du!ie  of  Onncnd,  W..S  res'j, 
about  a  pension  in  Ireland. 

F:izh.  3f  y  k»nl,  if  you  plra.se,  I  have  souie- 
tVing  further  to  say  to  Mis.  \>  all.  But  i  de- 
sire to  ask  Mr.  Cowling  a  question,  and  that  is, 

VOL.  VIIJ. 


sir,  what  Mrs.  Wall  said  to  you  about  my  bu-« 
siness? 

Mr.  Cowling.  My  lord,  I  think,  the  day  after 
this  man  was  exaininerl  in  the  council,  1  came 
to  Mrs.  Wall,  and  she  told  nic,  that  the  second 
or  third  night  before  he  wtis  takt'n,  he  cameto 
her  to  brinp^  hiui  tdthe king;  hut  she  sent  dowa 
stairs,  that  she  would  not  let  him  come  up. 
Hut.  asked  hnn,  v^hy  he  did  not  go  to  one  of 
the  Merretaribs  of  htutc^  ?  No,  said  he,  J  can't 
go  thither,  \«itlioiit  Innng  taken  notice  of ;  but 
I'll  tell  you  my  busines-s.  No,  said  she,  if  you 
will  write  (h»wa  votir  business,  and  give  it  mo 
in  a  jKi^icr,  1  ^viA  carry  it  tu  the  king ;  and  if 
the  king  hare  a  mind  to  siteak  with  you,  you 
shall  be  sent  for.  No,  said  he,  I  will  nut  do 
that.  Then,  said  she,  1  mu«<  Ix-g  your  pardon^ 
if  I  don*t  hrii^  you  to  ih^  king.  And  Mrs« 
Wall  said  further  to  mc,  truly  her  hlood  di'l 
chill  when  she  said  so,  for  she  v>as  afraid  h^ 
was  come  to  doth:*  king  a  n)L<u;hicf. 

Aii.  Gen.  This  was  tiuxc  or  four  nights  be* 
fore  he  was  taken. 

Fitzh.  Is  sir  Robert  Thomas  here  ?  (Ue  did 
not  appear.)  Then  1  desire  my  lord  Howard  to 
stand  up. 

Lord  Horcftrd,  TTnvc  ynu  any  thing  to  say 
to  me,.  Mr.  Fitzhnnis ? 

Fitzh.  Yes,  my  lord,  if  you  plea?^.  My  lord, 
I  desire  your  lordship  will  please  to  tclC  wliat 
my  lady  Portsmouth  did  express  to  you  con* 
ceming  nic,  at  your  coming  thither ;  and  whe- 
ther 1  did  not  intro<luce  your  lordship ;  anil  how 
civil  she  was  to  me  upon  that  account ;  and  how 
she  undertook  to  get  the  quit  rent  for  me. 

Lor  \  Howard,  Sir,  I  shall  answer  &s  ^r- 
ticularly  as  I  can  all  your  questions ;  but  it 
will  be  necessary  to  introduce  my  evidence 
with  tlie  i*i:lation  of  the  whole  trmsac^ioii.  You 
know,  a*K>ut  OcIoKt  last,  about  tlic  beginning 
of  the  montli ;  tor  it  was,  as  I  take  it,  ten  day<, 
or  a  fortniglit,  before  the  sitting  down  of  the 
parliament ;  you  did  make  applications  to  me, 
m  the  name  of  the  king,  \iiiether  with  or  with* 
out  his  privity,  I  cannot  say  ;  but  \  ou  did  nuike 
several  invitations  to  me,  of  putting  myself  into 
the  possession  of  an  honour  1  was  ahogether 
unworthy  of,  of  waiting  upon  the  king.  1  gave 
you  my  reasons  why  1  thought  myself  unfit 
for  that  honour,  because  I  was  not  in  any  cai)a- 
city  of  doing  the  king  any  service :  and  I  looKed 
upon  the  king  as  a  person  too  sacred,  and 
wliose  time  was  too  precious  to  be  trifled  away 
npun  one  that  hacl  nothing  to  offer  to  liini,  abil 
therefore  I  refused  it.  But  notwithstanding, 
this  was  reinlbrcrd  by  you :  and  \^  hen  1  siiil 
persisted  in  the  denial  of  that  which  was  an 
non«iiir  1  ou^ht  rati.er  to  have  sought,  but  only 
bccauKC  I  tliOfi'jrht  n)yself  uncapahieof  dcscrv* 
inir  it ;  after  se^end  applications,  i  diil  at  last 
ttU  you,  besiiles  the  iii)]MMliorn<'y  ot  a,  1  did 
also  apprehend  it  nii;:Iit  bo  the  oc'casion  of  some 
indecency :  for  |H'i*na;»»  1  ntight  thereby  put 
'iiyselt  i.;:cn  t^'tia-ui^  ni\svlf  in  smiic  of  my 
j  .iti*neL*t4,  %v\\  iiiM*  ij  ((itterin>r  I'roni  llio-se  of 
ins  Ilia icsty.  And  lor  inc  to  stH:iv  un  op;K»r- 
tunitvU)  cxprciw  my  contrariety  to  iiis  ma- 


57t]         STAT£  TRIALS,  53  Charles  II.  leSL^ProceeOngs  agabui 


esty*s  thoughts,  will  he  both  rudeness  and  im- 
prudfiiice  ;  and  therefore  I  did  then  uhlnmtely 
aa^wer  you,  I  would  by  no  means  be  ])rcvailca 
with.  Then  you  did  lower  it,  and  said,  it  should 
auffice,  if  I  would"  wait  upon  the  duchess  of 
I'ortsniouth.  Tndy,  I  told  you,  as  to  that 
too,  yod  did  me  a  great  honour,  and  greater 
than  I  could  ex]iect,  for  I  had  nothuig  (I  was 
•li-aid)  xvorthy  her  trouble;  and  therefore  I 
desired  to  know  what  it  might'  mean.  Tu 
ihort,  yon  did  resolTe  it  into^his,  That  you 
did  find  the  king  under  great  apprehension, 
that  there  \fa5  something  deep  in  the  hearts 
of  some,  that  stood  at  a  distance  from  liis 
majest}',  and  opposite  to  his  interest;  and 
that  the  parliament  stood  at  an  irreconcilable 
diflrrence  with  thflikiug.  Truly,  said  I,  I  am 
a  pei-son  not  fit  to  speak  in  the  name  of  a  par- 
liament, for  in  a  little  time  they  will  speak  for 
Ik^ielves ;  but  if  I  were  to  sjieak,  or  should 
presume  to  speak  in  the  name  of  tlie  parliament 
or  tlie  whole  nation,  I  should  say,  I  believed  the 
kiiiflf  would  find  his  parliament  meeting  him 
with  as  great  affection,  duty,  and  loyalty,  as 
any  parliament  ever  met  any  king  of  England. 
You  said,  tlien  you  were  confident,  and  you 
cited  her  grace  the  duchess  of  Portsmouth  for 
it,  that  tlie  king  came  to  meet  them  with  incli- 
nations to  gratify  them  in  any  thing  they  could 
desire.  Then  said  I,  to  what  end  need  I  come 
there,  for  the  parliament  will  8i>eak  its  own 
•ense  s])ec<lily  ?  Pray  do  me  that  kindness,  as 
to  go  and  satisfy  the  duchess  of  Portsmouth, 
and  to  let  her  know  she  may  now  Xmye  an  op- 
portunity of  declaring  how  willing  she  is  to  Ik) 
a  good  mstrunient  between  the  king  niid  his 
people.  Said  you,  I  can  assure  you,  tbat  she 
IS  altogether  for  the  same  interest  that  you  look 
towards ;  for  you  are  very  nmcli  mistaken 
if  you  think  she*  is  a  friend  to  the  duke  of  York. 
Wy  lord,  in  short,  af\er  much  intreaty,  I  di«l 
give  myself  that  honour,  which  I  have  no  cause 
to  reiHtiit  or  he  ashanuxl  of,  to  go  to  \Vhitehall, 
humbly  to  kiss  my  lady  duchess's  hand,  and 
rerei^  e  her  commands,  but  when  1  came  tht^re, 
I  was  surprised  with  a  gieatiT  honour  of  finding 
the  king  there,  and  I  think  it  was  an  opportunity 
wherein  my  time  was  not  ill  si>enl  as  to  myselt' 
but  I  am  airaid  tliis  2j0/.  ii'it  were  gfv'cn  for 
the  bringing  me  thitlicr,  his  in:ijcsty  doth  not 
think  he  hath  dcsi*r\('d  it  at  tliis  time. 

Fitzh.  \  our  lordship  came  there  in  October 
last. 

Ld.  IlozcariL  l^ecausn  1  will  do  you  all  the 
right  1  can,  it  was,  us  i  take  it,  the  bogimiing 
ol  tlctober,  and  r.bout  the  lOih,  becauiie  the 
parliament  sRt  (Kmn  the  03<l,  and  as  I  n?- 
member,  it  uas  a  lortni^ht  betore.  Tills  w.ns 
the  tirst  time  tliivt  1  o«'i;  you  thanks  for  i!il' 
honour  of  st'ciiig  the  king.'  AIUt  that,  a  mnl- 
ter  of  t«'ii  days*,  1  had  a  s^-  «nd  opportunity 
and  by  vour  inean«{  also.  Tliis  A\as  the  lust 
lime  I  hutt  tin;  honour  to  see  tlte  king,  but  in 
public.  Al\er  this,  J  must  coniiiss,  wUen  the 
parliament  was  ended,  I  did  tl)^n  willingly 
enough,  in\ite  myself  to  the  honour  of  waiiitig 
upon  the  duchess,  and  give  her  thanks  and  titrll 

8 


her,  I  was  sensible  she  had  endeavofar 
much  as  ui  her  lay,  to  persuade  the  kii 
a  good  opinion  of  the  parliament,  and  t 
them  time  of  sitting,  and  thereby  to  give 
op()ortui)ity  of  explaining  their  intentio 
his  service  and  advantage,  lliis  was  a 
last  time  I  had  the  honour  of  seeing  he 
last,  parting  from  her,  I  did  make 
humble  request  to  her,  that  she  would  be  | 
to  represent  your  condition  to  the  king 
by  your  means  I  had  the  hqnour  to  he's 
the  way  to  her  grace's  lodgings. 

FUzh,  My  Lord,  did  not  I  come  to  yo 
a  message  the  night  before  my  lord  S 
was  condemned  ? 

Ld.  Howard,  You  say  right,  and  it  y 
my  thoughts,  and  yet  1  thought  it  too  te; 
thing  to  si>eak  of;  and  tfaeretbre  I  thoi 
so,  l^cause,  I  must  confess,  at  that  timt? 
must  excuse  me)  I  did  believe  you  did  not 
%vith  that  authority  you  pretended  to  ma 
of.  Af^r  tlie  time  that  unfortunate  lor 
had  his  trial,  and  the  House  were  pre 
tlieir  thoughts  for  the  sentence,  I  was 
posed,  and  came  not  to  the  House  thai 
which  provoked  the  House  so  much,  that 
were  near  committing  me  to  the  Towa 
truly,  I  was  so  ill  in  bo<Ty,  and  had  so  little  i 
to  have  my  vote  mixed' with  his  Mood,  thi 
haps  I  should  have  run  the  hazard  of  gc 
the  Tower  about  it,  if  that  had  been  all. 
the  night  before  yon  came  to  me,  and  to 
as  a  great  secret.  That  you  did  bring  it 
desire  of  the  king,  and  as  that  which  he 
take  as  a  gnntt  instance  of  my  re 
tion  to  his  will  and  pleasure,  and  thai  for 
I  luiirhl  promise  myself  all  the  greatest 
nessi's  ]>osbL[}le  lor  u  ])rince  to  shew  tu  hi 
jects,  if  1  would  go  next  day  and  give  m; 
tor  n;y  lurd  Siafl<«rd.  2Sir,  said  1,  I  ht 
the  uliligations  of  nutnre  and  bloo<I  to  d 
me,  as  mucli  as  can  be,  to  favour  my  Ion! 
ford,  as  far  as  can  consist  with  the  int 
and  sinL'erity  of  a  jud^re  :  but  tliough 
waverin;;  in  i;>y  own  thonghts  the  day  t 
now  by  the  grace  of  Go<l  1  will  go,  thoug 
can'ied  on  men's  backs  to  the  House  ;  i 
see  there  is  so  great  an  account  put  up 
tor  I  see  it  is  the  concerns,  not  only  of  m 
Stafford,  but  the  protestnnt  cause ;  and 
said  I,  if  all  the  rclAiiotts  1  have  were  n 
down  into  my  lord  laitatford,  if  1  had  but  1 
enough  to  pronounce  his  doom,  he  shall  di 

Ati.  Gen.  ^ly  lord  says,  he  did  not 
you  came  from  the  king,  when  you  cami 
that  message. 

Liil.  lluzcard.  Sir,  cnn  I  do  any  more  sei 
1  sli:«!l  l>e  williirg  to  do  it  if  I  can.  1  c 
di'ny,  but  1  bsul  bv  your  means,  the  hone 
vviiitLiig  I'pon  iii<:  Iviiiq;  and  the  duchess ; 
htxd  so  Utile  nrason  to  value  my  own  i 
that  I  cannot  imagine  how  it  shoMld  tun 
king's  service. 

Outes.  iVly  lord,  I  desire  to  have  libe 
going  a'.vay,  the  crowd  is  so  great  1  C 
stand,  and  the  pq^oner  hatU  BotluDj^  tw  i 
inc. 


ii^ 


37S] 


STATE  TRIALS,  33  Charles 


Alt.  Gen,  My  Lord,  tliat  may  be  part  of  the 
popnh  plot,  to  Iceep  Dr.  Gates  here,  to  kill  him 
ulbeiTowd. 

tttzh.  Have  you  not  something  more  to  say, 
Itertor  ?  Truly  1  foi^et,  my  memory  is  so  dis- 
tnaed. 

Oates.  I  know  not,  if  you  have  any  questions 
toisk  mi*,  I  will  speak  truth.  (But  he  had  none, 
ittbe  Doctor  went  away.) 

Mrs.  Fiixk.  Call  Mr.  Fanshaw  ;    (who  did 
M  appear.) 
Fi/i.4.  My  lady  duchess  of  Portsmouth. 
Mm.  Wail.  She  is  not  come,  because  the 
molt  is  verv  full ;  but  if  the  court  will  send  lor 
bcf,  ibe  wiU  come  presently. 

Fiiik.  My  lord,  I  begtliat  my  lady  duchess 
tf  FHtBiXHith  may  be  sent  for. 

jfn.  WaiL  She  gavi*  me  a  commission  to 
ajv  if  the  court  would  have  her  to  come,  she 
wwddsodo. 

L.  C  J.  We  cannot  send  for  her,  if  she  please 
li  eooc,  so ;  we  ha?e  no  occasion  to  send  for 
kr. 

Mn.  Wall.    I  presume  he  can  ask  her  no 
liniuiM  but  what  I  can  answer. 
I^  C.  /.    We  will  not  prejudice  the  prisoner 
I,  nor  send  for  her  unless  she  will 


FttiL  Will  you  send  one  of  your  footmen, 
Mme.  WaO  ?  I  am  a  prisoner,  and  have  no- 
body Id  lend.     In  the  mean  time,  where  is  the 


Mn.  Wall.  Here  he  is. 
Fdxk,   How  long*  is  it  since  you  paid  the 
MMy  to  me,  from  my  lady  Portsmoutli  ? 
Pvter»    1  canuot  tell  mdeed,  it  is  so  long 


Fiixk.  Let  him  hare  his  oath. 

L  C.  J.  No,  that  he  cannot  liave. 

Asfc.  Was  it  not  Christmas  last  was 

iVrter.   I  cannot  indeed  tell  what  time  it 


12 


FUih.  You  dare  not  speak  the  truth. 
Joitiuc   Dolben.    You  disparage  your  own 


It  Jtffcrin.  He  hath  no  witnesses  can 
■T  any  thing  for  him,  and  therefore  he  must 
In  6ult  with  what  they  say. 
L.  C.  J.  Have  you  any  other  witnesses,  Mr. 

FUtk,  Yes,  my  lord,  my  lord  of  Arran. 

L.  C.  J.  What  say  you  to  my  lord  ? 

Fiisk,  Did  not  my  wife  shew  you  this  libel 
Ac  Sunday  that  I  was  taken  ? 

£.  of  Arran.  I  do  not  i-emember  I  ever  heard 
itidl  I  heard  it  read  in  the  House. 

Fitzh.  Did  yon  not  read  it,  my  lord  ? 

E.  oiArroH,  No,  not  that  I  remember. 

Fiigh,  Did  not  1  tell  you,  I  was  carry  iuc:  it 
lilbeking?  ^  ^    ^ 

E.  9€  Arran.  Not  that  I  know  of. 

FiUL  Was  it  not  a  dispute,  whether  this 
VH  Inaaon  or  not  ? 

£.  ^  Arran.  You  did  shew  me  a  libel,  but 
ihtfhv  thi^  or  no,  I  cannot  say,  perhajis  it 
pm  tUi.    I  took  him   for  an   honest  man, 


H.  16S1.— Edward  FitzAarriu  [374 

my  lord ;  I  have  known  him  five  yranr 
and  knew  his  family  to  l>c  a  good  family; 
I  happened  to  be*^  at  dinner  with  him 
the  day  he  was  taken.  After  dinner  there 
were  some  papers  lie  ]iu1lcd  out,  and  I  threw 
them  hw^y,  I  told  yon,  yon  would  do  yourself 
a  mischief,  some  time  or  other,  iu  meddling 
with  such  piii»eTs.  There  we  ihauk  a  bottle  or 
two  of  wine  tovjctber,  aihl  then  wr  parted.  As 
soon  as  I  caiiu-  hcuue,  I  heanl  this  «;ent!cman 
was  seized  on,  .iiul  taken,  which  surprised  me 
much.  And  this  is  all  the  account  1  can  give 
of  the  matter. 

Fitzh.  'Hicn  your  lordship  did  not  read  the 
paper? 

£.  of  ^Irran.  No  indeed,  not  I. 

Fiizh.  Did  not  I  tell  you,  1  had  a  promise 
of  a  quit  rent  for  secret  service. 

£.  of  Arran.  1  do  not  know  particularly 
what  he  told  me  of  the  quit- rent;  but  I  was 
willing  ta  do  him  all  the  good  I  could,  about  a 
reversion  ot*  a  pension  that  he  had  in  the  right 
of  his'  wife ;  that  was  part  of  my  business  that 
day,  thinking  he  very  well  deserved  it.  I  am 
very  sorry  to  see  that  his  fatlicr*ti  son,  as  the 
phnise  is  in  Ireland,  should  be  accused  of  such 
a  crime. 

Act.  Gen.  My  lord,  before  you  go,  I  deslro 
to  ask  you  one  question :  Did  you  observe  ever 
that  he  was  eiU|doycd  by  the  French  king,  or 
the  French  ambassador's  confcsf;or. 

E.  oi' Arran.  No,  my  lord,  nev€T,as  I  heard 
of.  He  used  to  speak  as  honestly  as  any  man ; 
I  thought  him  of  the  best  and  loyalest  princi- 
ples of  any  of  his  religiim. 

Serj.  Jcjf  cries.  What  religion  did  you  take 
him  to  l>e  of? 

£.  oi  Arrmi,  He  always  owned  himself  a 
papist,  and  he  and  1  have  had  some  disputes 
about  it. 

Fitzh.  Mr.  Sec.  Jenkins,  I  desire  to  know 
of  vour  honour,  what  the  king  stiid  of  me  ? 

Sci;.  Jcnkint.  I  remember  the  king  did  con- 
jure him,  to  declare  who  the  author  of  the  hbel 
was. 

Fitzh.  You  are  a  man  of  honour.  Sir ;  did 
not  the  king  own  he  had  employed  me? 

Sec.  Jenkins.  1  never  romeniberthe  king  did 
own  he  made  use  of  him,  by  Mrs.  Wall*! 
means,  or  otherwise. 

Fttzh.  My  lord  Conway,  don't  you  remem- 
ber it? 

E.  of  Ccnwaj/.  No,  not  upO!i  my  honour 
But  I  have  heard  lilnisay.he  did  foriuiTly  cm- 
ploy  you  in  some  ti-illliiir  thiii£;'s. 

Fitzh.  Did  not  thf*  kin:;;  derl«re  in  council, 
that  I  had  g<»tten  moncv  of  him? 

E.  of  Comcau.  Ti)at  was  for  my  lonl  [Towanl 
of  Kscrick's  busiiicv*!. 

Serj.  Jifflries.  Now  j  oi:r  lordship  is  here.  I 
wonld  ask  you  ;  Did  you  ev<r  hear  tin*  king 
declare  when  he  fii>-t  S|>oke  with  the  kinj;;? 

E.  of  Contiat/.  'i'he  king  never  s|KiKe  with 
him  till  after  lie  w:is  t:^Urn  ;  he  w:is  takim  the 
27th  of  Febnmry,  and  iho  Uiiij^  n«'ver  K|Kike 
with  him  till  the  2Sth, the  day  utKr. 

Fitzh.  Did  not  ycu  tell  me,  il  ihe  king  did 


375]         STAT£T]UALS,  33  ChaklbsII.  \Gfpl.—Proceeiing$iigaiMi         [97t 

that  I  wu  to  oome  to  have  any  conftwu 
with  vou ;  for  if  yon  do,  L  bid  undone  ni 
niiuf:d  ;  for  there  ait:  some  penons,  my  friandi, 
that  will  not  look  upon  me  if  they  near  aoji 
snch  filing.  The  nextmominif  I  went  to  hvr, 
and  told  her,  die  kiofi^  had  dirnrted  ahe  shouM 
be  examined  in  the  attemoon,  and  she  shoBlii 
(»me  down  to  be  examined :  which  ahe  did  \ 
and  us  soon  as  the  council  was  up,  I  toid  hii 
inajfitty  she  was  below.  80  he  ordrfed  some 
to  uxaiiiinii  her ;  'but  when  I  told  her  of  it,  said 
she,  if  the  king  will  not  speak  alone  with  me,  1 
«vili  not  5])eak  a  wonl,  nor  be  examined.  Thii 
is  the  truth  of  it,  1  assure  you,  my  lord,  npsa 
niv  Miivution. 

'Fush.  Where  in  Mr.  Peacock  ? 

Airs.  Fitsk.  ^Vhat  did  Mr.  BuUtrode  ssy  li 
inei* 

L.C.J,  Look -you,  Mrs.  Fitzharris,  al 
vou  gentlewoman,  yuu  must  mA,  he  hcaid  li 
talk  of  discourses  among  yourselves,  and  to  ex- 
amine what  discourse  passed  between  penos 
and  ps.Tson,  up  and  down  ;  that  is  i.ot  to  be  prr> 
inittcd  in  a  Court;  the  witness  is  here,  ask 
hiin  hill  is(  if.  What  hat  h  been  said  to  her,  wilt 
bonoevidcnre. 

Mrs.  Filzfi.  What  offer  did  yon  makene? 

Mr.  liuLlrode.  None ;  1  told  you  this  wouU 
be  the  way  to  ruin  your  husband. 

Fitzh,  \\\  lord,  1  beg  of  you,  may  not  I  wA 
what  1r'  did  say  ? 

I..  C.  J.  No,  it  is  no  evidence. 

lUzh,  Tiieu  call  Mr.  Henry  Killimv. 
(lint  he  not  ap|»earing,  the  prisoner  would  hsfS 
asked  what  \w  had  be<'n  heard  to  say,  but  it  ini 
not  permit  tod.) 

Mrs.  Wali.  Here  is  the  footman  lUcbaid 
Perrot. 

FttrJi.  How  loncf  ago  \%  it  since  }  ou  brought 
the  nionc-y  to  mc  Ironi  my  lady  Portsmouth  ? 

Pcrrol .  I  lie » er  hroujijflit  any . 

Fitzh.  Wqh  it  not  he  brought  the  money  f 

Mi-s.  JVtili.  Ask  him. 

Fitzh.  Was  my  lonl  Howard  ei-cr  at  yssr 
house  before  (>ctolK.T  last  i* 

Per  rot.  I  do  not  know. 

L.  C.  J.  W  hat  use  do  you  make  of  that  ? 

Fitxfi.  Pray,  my  lord,  when  did  you  go  Is 
my  lady  dutchcss's?  Was  it  before  (MobfT 
la.st? 

I»nl  IJrwnrd.  I  think  not,  I  take  it  asnrtf 
ns  I  e;:ii,  it  was  just  before  the  session  of  pir- 

Fitzh.  It  v.n^  ten  days  l>cfore  the  sessioQ. 


put  himself  upon  tht?  pavlisment,  they  would 
use  lum  as  his  father  v  ;.s  used? 

Mrs.  WfsU,  I  uorirtoid  yon  any  such  thing. 
You  promisiil  me  ti»  bring  in  my  lonl  Howard 
of  £&cii.  L  ;  but  tliry  found  thor.isiMren  migh- 
tily mistaken  in  \*  hat  was  promised  he  would 
do  whenhcvumcin. 

L.  C.J.  WIiv,  Mr.  Fitzharris,  you  cast  any 
llmig  at  any  body,  to  majiy  a  noise. 

Fitzh,  Where  is  Mr.  Pearoek? 

Mrs.  Fiizfi,  1  Mould  know  oi"  her,  what  Mr. 
Bidstrodc  said. 

L.  C.  J.  Tliat  every  body  ma}-  sre  vou  are 
fftiily  dealt  >nth.  you  shall  have  lH  'J/^  liberty 
tlmlcJinbe  f,'iven.  \iiu  m;i5c  rut  i!-,:c  what 
ai;otlicr  said,  but  call  them  tlKni*.lvt's  to  say 
what  they  know.  Here  is  3Ir.  UiJ::t:ude  liiia- 
Bdf. 

Fitxh,  3Ir.  Bul5;trode,  then,  w!at  message 
did  you  bring  from  the  king  to  my  v.  iifj  ? 

Mr.  BuUtroUr.  No  message  'at  all  ;  but  1 
will  ten  you  what  1  know.  Mrs.  Fitzharris, 
•oon  aitei-  her  husband  came  to  bo  close  con- 
fined, deUvered  a  iiclilicn  to  tli'j  king  in  the 
park ;  and  the  king  was  pleased  to  give  it  to 
nie,  as  he  frequently  d<K?8.  BIrs.  Fit/harris 
came  to  me,  to  tell  Tier  what  the  kii.g  said  to 
it.  Said  1,  the  king  hath  given  me  no  com- 
mands at  all  in  it,  but  this,  carry  it  to  the  se- 
petar^-  ot^  state,  for  I  cannot  say  any  tliing  to 
it.  For  the  king  generally  tells  ine*  what  he 
will  have  done  with  such  a  petijioii.  Hut  sho 
was  so  very  innHJilunalc,  I  asked  th;j  king 
again;  Sir,  said  I,  Mrs.  Fitzhtrris  is  very 
im^rtunate,  what  is  \  our  niiijislv's  pleasuinp 
in  It?  Said  the  kii':,*-/if  she  liavc  a  mind  t;> 
petition  the  ct.i.nii,  she  may,  I  yuW  neiiher 
tnedule  nor  make  with  it.  AtUrwawls  I  met 
her  several  thiies,  and   she  sai'l,  her  luiRhand 


coveringthe  ai:t';(pr  rftiiat  ^illiiiij'  us  lihel.  For 
Hhe  asked  me,  v  hut  I  thiHii^Iit  <t  her  husband ; 
and  she  told  nie,  she  ii'tendtd  to  try  ^Wiat  she 
could  do  for  hin>.  !  suid,  thei«  was  no  way 
to  do  any  j.rood,  hut  to  ni:;k«^  a  l\dl  di:;eovtrv  of 
the  atitbor.  Then  s.iid  she,  if  the  kiiiir  would 
hoi  !.  -  li  e  ^])*"ak  nli!i  hiiii,  t  a.n  sure  I  could 
dr.  hijn  sr.-.ico.  andprtsail  'vil,  hun  to  discover 
t::..-  «i.i  !.  .r.     •'' o  I  luld  liick!;:-;  ui'  A  ;  atid  th" 

.  '"^  ^^  •  '*  '•  '  •'*'  ^*^-'  *  "'**^  •**' '  '"'  <*:.'«'..JJaed, 
^wTh  Mil  my  •!.  .  t.  And  a.s  scon  a .  <'\cr  I  h.nrd 
bhi:  V.  JOB  0  'ui:;  to  t-  w  .i,  I  told  hi .-  vvn..,  tin  kin:? 
r-ii'l  :  ::id  shi-  t  ,;.l  1..  •,  sue  wo.ild  \\i!!inn|v 
*'■:.!':  ;  Jii'd  ii':\]t  Ki:.;.-  >-./..;,]  j-ive  lu-rluavi-  1*0 
»■■]»•■;'.■  v.i'.h  h'ruuV.i-ni'.  •.=SL-  ril  imt  dDi'.l  t  10 
|'<'..".|  v.'.ii  !:iin.  'I:,..  i,;-!it.  a!,..i.t  mi»I- 
i.ij^lit,  atti.  •  i  vas  ill  i-  :,  i.:.,l  i,;..'  }:lc:i  in 
I'ctt  iwii  \n.:\^\  slie  «,  jiu;  1«»  i,,v  jw.oj-  and 
iiKK-kul  UK-  I,,,.  St  I  inj;-,  iv:u\  j.«-.t  t»:i  my 
lugl.l-g.uii,  :u.,i  v.t.it  down,  ajid  I  'um-.l  a 
voice  wImkU  I  ihtar^l.t  uas  hers.  Si,»W  e-.mc 
'out  of  the  toiiel*  lo  niu,  und  toM  mo,  sai*!  she, 
I  am  cometo\outo  beg  of  you,  thai  >ou 
wouM  he  secret,  and  uoi  tu  let  tlic  Couit  kuow 


Thou   my  Iddy  duchess  of  Portsmouth  sp- 
;KMi'ed,  ai:d  a  ehair  was  set  for  her. 

Fitzh,  I  am  sf»n-y  to  see  your  cfnicc  coms 
he!v  ujion  any  sueliaecount ;  hut  1  hope  your 
:;Taee  will  exeuse  u^e,  it  is  tor  my  life.  I  desire 
li)  know  of  your  graiv,  whether  I  Mas  noteiB* 
ployLtl  to  bring  several  papers  to  the  king,  Sii4 
::ni')ng  ihe  rest,  the  Im|ieachment  against  yoor 
;m  uee  :  .and  thereupon  y  our  gi-ace  was  please4 
tj  till  me,  That  it  was  a  great  piece  of  senriet 
t<>  bring  those  sort  of  papers  ;  and  if  I  coaM 
find  out  men  serviceable  for  that  purpow^  1 


m]         STATE  TRIALS,  SSCharlbsII.  l681 — Edward  Fitzkarris.         [57S 


•ISdald  do  the  king  ffDod  semoe.  I  told  your 
Ipnoe,  J  knew  one  Mr.  Emerard,  who  knew  all 
tfKintmnies,  and  all  the  dubs  in  the  citv,  and 
eonld  teU  an  the  devgnt  of  ray  k>rd  of  Sbaftes- 
bury,  and  all  that  party.  And  Tour  grace  did 
tocoucaffe  me  to  go  on,  and  i  did,  by  your 
grace's  dwectkm,  and  by  your  means  1  came  to 
lyeak  with  the  king  about  it. 

Lmdy  Ducheu,  When  must  I  speak  ? 

Sir  G.  Jeffcriet,  Now,  madam ;  and  will 
yoar  grace  now  be  pleaseti  to  stand  up  ? 

L/idjf  Duchess,  1  have  nothing  at  all  to  say 
to  Hr.  Fitzharris,  nor  was  concerned  in  any 
swt  of  holiness  with  him.  All  I  have  to  say, 
is,  he  desired  me  to  give  a  i*etition  to  the  king 
fo  get  his  estate  in  Iieland  ;  and  I  did  three  or 
Wartimes  speak  to  the  king  about  it  But  I 
hate  not  any  thing  doe  to  say  to  him  ;  I  never 
spoke  to  him  about  any  thing  else. 

Fitxk.  Does  not  your  grace  remember  what 
dbvctions  1  received  about  my  lord  Howard  ? 

Lady  Duckeu,  I  know  notiiing  of  that,  I  sent 
50a  not  to  my  lord  Howard. 

L.  C.  J.  If  you  will  ask  any  questions  of  my 
lady,  do ;  but  do  not  make  any   long  dis- 


Filzk.  My  loni,  my  lady  may  forget. 
Madam,  does  not  your  grace  remember  yon 
undertook,  upon  the  account  of  those  papers  I 
oaoveyed,  that  you  would  procure  me  my 
quit-rent? 

Lady  Ihichets.  I  never  had  any  papers. 

FuA.  Not  that  paper  of  tlie  impeachment 
against  y oar  grace  r 

Ludjf  Dtckest.  No. 

Pi/sA.  Upon  what  account  then  had  I  the 
latmy  I  received  ? 

Lady  Duckess.  For  charity. 
FiCn.  I  am  sorry  your  grace  is  so  much 
under  Mis.  Wall's  influence. 

Leiy  Ducheu.  I  come  not  here  to  wrangle 
widi  yoo,  Mr.  Fitzharris,  I  am  come  here  to 
«sj  what  I  know,  and  wiQ  not  say  one  bit 
more. 

FitJh,  Have  I  had  any  money  of  your  grace 
aiBoe  you  knew  my  lord  Howard  ? 

Lady  Duchess,  You  never  had  but  that  for 
charity. 

FUih.  When  did  yonr  grace  ask  it  for  me  ? 

Lm^  Duchess.  I  do  not  remember  the  time. 
Hr.  Fitzharris,  if  I  had  any  thing  in  the  worid 
to  do  you  good,  1  would  do  it ;  but  I  have 
it  not,  and  so  cannot  we  that  I  am  any  ways 
laore  useful  here.  (Theu  her  grace  went 
away.) 

L.  C.  J,  Mr.  Fitzhams,  have  you  any  more 
witnessrs  that  you  wcAild  have  called  i 

Fitsh.  No,  my  lord. 

tSerf.  Muhnard,  Will  you  apply  them  you 
have  called  ? 

JL  C  /•  Well,  have  you  any  thing  further 

fitzh.  Yes,  my  lord,  I  have  something  for- 
mer to  offer  lor  my  self :  I  (vill  tcil  you  what  1 
know,  since  my  witnesses  will  not  do  me  jus- 
ties.  Gentlemen  ol  the  jury,  you  ai%  my  judges 
a  poiotoflavJisweUM  nit,  and  luy  blood  | 


will  be  reooired  at  your  hands,  if  yon  do  not 
do  me  rignt.  My  lord,  I  cannot  forbear  com* 
pUining  to  the  court  of  the  hard  usage  I  re- 
ceived m'prison,  contrary  to  the  statute  of  the 
31st  of  his  majesty's  reign  ;  greater  oppression 
hath  been  done  to  me  than  to  any  before.  My 
lord  Stafford,  sir  Thomas  Gascoign,  and  others, 
had  all  the  liberty  they  i-ould  desire,  to  enab^ 
them  to  make  tlieir  defence  against  their  trial ; 
which  I  have  had  denied  me.  But  my  de* 
fence  consists  of  two  heads,  and  I  shall  rely 
upon  the  consciences  of  the  jury  for  the  issue. 
Though  my  lady  Portsmouth,  and  Mrs.  Wall, 
and  tlie  rert,  arc  pleased  to  say,  that  1  was  noi 
employedjior  received  money  for  secret  ser- 
vices ;  yet  it  is  very  well  known  I  did  so.  As 
to  Mr.  Everard,  when  I  met  with  him, '  though 
now  he  hath  made  a  Freuch  story,  yet  ifhc 
would  tdl  the  truth,  he  knows  tliat  it  was 
otherwise.  He  told  me  he  was  well  ac(]uainted 
iiith  my  lord  of  Shaftesbury  and  my  lord  How- 
ard, and  in  several  dubs  of  the  city  he  knew 
all  their  intrigues  ;  and  that  speecfi  ^t  went 
by  the  name  of  my  lord  Shailesbnry's,  my 
lord  gave  it  him  before  it  was  printed,  *and  he 
had  several  other  thin&ps  of  that  kind.  So  then 
I  told  iiim  it  was  a  business  of  the  greatest 
consequence  that  conhl  be,  if  he  would  con- 
tinue  those  disooveries.  And  whereas  he  says 
I  would  betray  the  people  to  the  French  in* 
terest,  it  is  yery  well  known  I  was  always  an  ene- 
my to  the  French  interest ;  but  I  humoured 
him  in  his  discourse,  and  disooursed  him  to  re- 
duce the  paper  that  he  accuses  me  of  under 
some  heaos :  and  that  paper  I  no  sooner  had, 
but  I  came  to  White- hall  with  it :  and  though 
he  said,  he  was  to  have  forty  guineas,  and  so 
said  sur  William  Waller  too,  yet  it  was  only 
forty  shillings  that  he  desin^,  for  his  poverty, 
I  would  lend  him.  And  as  to  what  he  talks  of 
three  thousand  crowns  pension,  it  is  a  very  un- 
likely business.  When  I  came  to  ^Vliiteoall,  I 
was  advised  to  go  to  my  lord  Clarendon,  or 
Mr.  Hyde.  Accordingly  I  did  shew  it  to  a 
gentlenmn  who  was  to  give  it  to  mv  lord  Cla- 
rendon, but  before  he  could  get  to  fiim,  I  was 
taken.  Now,  my  lonl,  I  hope  what  I  did  was 
with  a  design  to  ser%'e  the  king,  in  discovering 
what  was  designed  against  liiiu,  according  as  I 
wasetnployed,  thou<j;^  both  the  secretaries  are  so 
unkiodas  not  to  declare  it :'  When  1  know  I 
am  in  the  ric'ht  I  oi^a  not  ashameti  to  8|>eak  it, 
though  my  life  be  Insdd  upon  it ;  and  I  refer 
it  to  the  gentlemen  of  the  jury.  I  was  taken 
tictbre  I  could  come  to  the  speech  of  my  lord 
Clarendon.  Ne\t,  I  hope,  geutlemen  of  the 
jury,  vou  will  consider  these  are  it^reat  persons 
tiia't  1  have  to  do  with  ;  and  M-hore  great  state 
mattein  are  at  the  bottom,  it  is  hard  to  make 
ihi'iii  tell  any  thing  but  what  is  for  their  ad- 
I'aiitage:  Andsolamlefl  in  a  sad  condition, 
lint,  my  lonl,  in  the  next  place,  I  think  it  is 
impossible  for  any  jury  to  tiud  me  (^uihy,  with- 
om  prv^judging  of  those  laws  which  ai-e  not  to 
h'jj-.i(1;^by  anyjur\  or  infmor  ctmrt;  for  if 
they  judi^e  ine  and  bring  iiii>  iu  guilty,  it  is 
murdier  ia  them  ;  and  let  the  bench  tell  them 


3r9j  STATE  TRIALS,  95  CnARLES  IL  l6sl^Proeeeding9iigdmii 


[38( 


whmt  they  w31,  it  is  of  thai  danserous  oonse- 

2 twice,  that  it  overthrows  thc^  gmemmeDt. 
ly  lord,  here  is  the  im|)cuchment  of  the  House 
of  Commons,  and  here  is  a  copy  of  the  votes 
of  the  Commons  thereupon  ;  and  thougli  they 
be  not  laws,  yet  tliey  arc  snch  decluratious  of 
Che  parliament,  as  that  afterwards  no  other 
oonrt ou^t to  meddle  with  that  matter;  and 
the  inferior  courts  do  not  use  to  meddle  with 
parliament-matters )  And  so,  gfentlemen,  3'ou 
will  lay  at  your  own  doors  what  would  lie  at 
theirs,  if  you  iiieildU*  not.  For  thnugfh  the 
court  have  i»ver-ruled  my  plea,  yet  the  matter 
is  plaih  beibre  you  now*  who  are  my  jud^^es, 
and  my  bU'o  1  wiil  lie  at  your  doors,  and  you 
must  ansiver  it  if  vou  do  me  not  justice.  And 
there  is  no  insufHciency  of  a  pica  as  to  matttor  of 
law  will  excuse  you  in  point  of  fart ;  and  you 
are  oldigcd,  as  you  will  answer  the  contrary 
to  God  and  your  consciences,  to  do  me  ng\it. 
And  I  hope  your  lordship  and  the  jury  will 
take  particulai' notice  of  this.  1  have  been  a 
ckMK  prisoner,  and  had  no  manner  of  help,  no- 
thing at  all  allowed  me  to  refresh  my  memory  ; 
which  if  I  had  had  means  to  do  as  I  oug-ht,  1  could 
aay  a  greatdeal  more.  But  this  I  insist  u[>on, 
if  the  gentlemen  of  the  jury  do  bring  me  in  guilty 
and  convict  me,  they  do  shed  my  blood,  and 
overthrow  the  law  and  course  ot  parliaments. 
IVliereas,  if  they  bring  me  in  not  guilty,  my 
impeachment  stands  good  still,  and  I  am*  liable 
to  answer  that  impeachment  before  the  parlia- 
ment :  And  I  hope  you  will  consider  the  pef- 
•ons  I  have  had  to  deal  with ;  and  that  it  can- 
not be  made  so  plain,  as  in  matters  wheivin  wv 
deal  with  oommun  persons.  I  submit  to  what 
you  shall  think  fit. 

X.  C.  J.  You  have  done,  IMr.  Fitzliarris  ? 

FUzh.  I^Iy  lord,  1  have  done  ;  only  I  would 
•examine  one  gentleman  if  he  wore  here,  but 
he  does  not  appear.  But  here's  a  copy  of  the 
impeachment  and  votes  of  the  House  of  Com- 
mons, I  desire  I  may  deliver  them  to  the  jury . 

i.  C.  /.  No,  no  Tthat  can't  be. 

Fitzh,  Sir  \Villiam  Waller  does  declare 
upon  oatli,  that  for  this  very  tUiiief  I  was  im- 
peached by  the  House  of  C'onuiions,  and  that  I 
desire  thoni  to  take  notice  of. 

fcterj.  Jeff'eries.  Thert'lbre  you  are  not  guilty : 
Is  that  the  consequence  ? 

Sid.  Gen.  May  it  please  your  Lordships, 
and  you  Gentlemen  of  the  Jury,  you  have 
heard  our  evidence,  and  what  the  prisoner  hatli 
said.  The  crime,  tor  which  he  is  accused,  that 
is  hin^h-treasoiu  and  it  is  treason  in  c^nsfiiring 
the  death  of  the  king,  in  endeavouring  to  raise 
a  rebellion  liere ;  and  that  in  order  to  destroy 
the  king  and  the  libertv  of  all  the  people,  to 
bring  them  under  the  sla^  ery  of  the  king  of 
France.  This  is  the  treason  that  he  was  in- 
dieted  for ;  mid  the  prooi'of  this  treason  is  very 
full :  It  is  proved  to  you  by  thrtn?  positix  e  wit- 
Messes,  and  all  men  of  credit,  of  Vthom  you 
cannot  have  the  least  sus|iieion.  They  prove 
to  you,  that  I^lr.  Fitzliarris  is  the  man  guilty 
«f  IniB  treason  ;  he  was  the  contriver  of  it,  he 
the  mover  of  it  first  to  ]^ir.  Everardi  and 


he  gave  him  thoee  instructimii  to  pmmie  thoM 

Surposes  of  raising  a  rebellion  here,  in  order  tn 
estroy  the  king,  by  contriving  a  sedinoni 
pamphlet  to  set  the  people  to|^ther  by  tbi 
ears ;  and  he  came  io  bim  in  order  to  per- 
fect this  libel.  This  is  proved  by  Everard,  wba 
upon  the  fvnit  motion  of  it  to  him,  did  acnminl 
31  r.  Smith  immediately,  and  sir  Wm.  It  alter, 
that  such  a  design  was  on  foot^  and  deared 
them  to  come  and  be  witneflKs  of  it.    Tbey 
Itoth  came,  and  heard  the  communication  b^ 
tween  the  prisoner  and  Mr.  Everard,  to  oon- 
trive  such  a  hbel  as  hath  been  opened  to  yon, 
and  thev  swear  it  positively.    Now  what  da- 
fence  does  the  prisoner  make  to  it  ?  TVulj  I 
cannot  say,  whether  it  hath  more  of  foUy  or 
impudence  in  it ;  for  it  is  a  defence  of  a  stnngi 
nature;  for  it  is  inconsistent  with  itself,  and 
shews  what  a  make  he  is  of:  and  the  lattar 
part  is  a  pursuing  the  same  treason  he  rtudi 
indicted  tor,  which  is  the  rendering  the  king 
odious  to  his  people,  by  thoee  iniiinuatioM,  thil 
he  did  this  by  the  king's  order.    The  fint  put 
of  his  defence  is,  I  am  not  guilty,  for  3Ir.  IifVe- 
rard  is  the  man  that  dkl  cbntnve  it,  and  ha  ii 
the  author,  and  it  moves  from  him.   Now  pnj 
cimsidcr  tlie  parts  of  your  evidence,  and  we  rf 
there  be  any  |)08sibi1ity  for  you  to  be  indued 
to  believe  any  thing  like  it.    It  is  proved  by 
iMr.  Evcranl  positively,  that  he  cauM  to  hm 
firbt ;  and  when  you  consider  thii  objedin 
that  is  made  by  Mr.  Fitzharris,  and 
on  the  other  side  who  were  the  witncmea, 
who  is  the  man  that  makes  tlie  objectioB, 
w'lW  tlien  sec  no  cause  in  the  world  tor  jrou  tb 
give  any  credit  to  it.     The  prisoner  says  he 
was  trepanned  into  it :  for  that,  PTay  consider 
he  is  an  Irish  Papist,  one  that  hath  all  alon^ 
made  it  his  business  to  defame  the  proceedinip 
about  the  Popish  Plot,  to  ridicule  it,  to  de^ 
that  there  was  ever  any  such  a  thing,  and  tt 
laugh  at  the  justice  that  was  executed  upoa 
the  Popish  offenders  who  died  for  the  Plot 
The  witnesses  that  prove  it  against  him  bafe 
I)een  zealous  pi'oseentors  of  the  Plot,  men  thtt 
have  disco\  ered  many  of  those  who  were  guihy 
of  it,  and  brought  tlieni  to  justice;  men  thil 
have  been  material  evidences  upon  tlie  dif* 
covcry.     Mr.  Smith  is  a  man  that  spoke  ma^ 
terially  in  the  trial  of  my  lor<l  Staflbrd,  and  ftr 
which'  sen'ice,  1  believe,  the  Papists,  and  Mr. 
Fitzliarris  himself,  owe  him  little  thanks.    Am 
for  sir  ^Villiam  Waller,  all  men  know  how  bnj 
and  active  he  hath  been  to  bring  in  men  thtt 
were  guilt)'  of  the  Plot,  and  he  hath  suflocd 
for  it.     Now  if  you  can  believe  that  Mr.  Sfflidi 
and  sir  William* >Valler  should  be  jguilty  of  i 
trepan  tliat  was  to  be  put  ui>on  Fitzhurrii,  ■ 
man  of  that  persuasion  you  near  of,  fand  J«a 
must  biflieve  that,  or  \ou  cannot  bcaieve  the 
defence  the  prisoner  makes)  I  leave  it  to  yoa. 
Mr.  Evei-ard  could  do  nothing  alone;  vhj 
then  sir  William  W^aller  must  lie  guilty  of  Aa 
contrivance,  and  of  setting  Fitzharria  on  wodk 
and  Everard  too.     But  tliis  is  so  unlikdyft 
story,  that  if  there  were  any  to  assert  any 
a  thing,  you  conki  not  possibly  give  any 


3$]]         STATE  TRIALS,  33  Charles  II.  \6Sl. ^Edward  Fdzharria.         [3ai2 


to  it.    But  nhen  you  consider  what  hath  been 
pFored,  and  what  bath  bc>cn  shewed  you  under 
tiie  hand  of  Fitzharris  himselfr',  then  there  is  no 
pooni  i  am  sure  to  doubt,    lliey  do  positively 
tfucar,  both  Smith  and  sir  H^illiani  Waller, 
thf\  heard  him  own  that  he  had  jpvcn  instruc- 
lioBs  to  Ef erard.     They. prove  to  you  lliat  lie 
mended  this  libel  in  several  places,  they  not 
comini^f  up  to  the  instructions  he  li.'ul  lieforc 
gheo.     Ttie}'  prove  part  of  the  libel  written 
«itb  his  own  hand,  and  that  is  treason  enousfh : 
fir  that  is  certainly  treason,  that  it  is  the  iin- 
^Dobted  ri^ht  of  |»eoplc  to  dctlironc  the  king. 
1  never  heard  of  that  doctrine  any  where  l)ut 
iiiMK  the   Papists,  and  it  is  a  PapL»t  that 
f neacaes  that  doctrine  to  you  now.     As  this  is 
ta  evidence  in  a  matter  beyond  any  coutradic- 
000  in  the  worbl,  his  own  hand- writing  of  part, 
sod  bis  ovming'  the  ffiving  the  instructions ;  so 
tlim  is  DO  room  in  tne  world  for  you  to  believe 
ibat  ever  he  was  drawn  into  this  by  Everard ; 
or  that  be  was  the  man  that  was  tlie  original 
roTXtrrrer  of  it,  and  trepanned  him  into  it.    But 
ii  spfiean  plainly  upon  the  proof,  that  it  moved 
ciiipnaQv  mm  Fitznarris ;  tliat  it  was  the  ma- 
boeof  hs  heart  tliat  ]iromoted  it;  and  that  the 
cmamaDce  was  how  to  raise  a  rebellion  here. 
For  wbea  be  had  read  i>art  of  the  libel,  and 
Evcrinl  tbkl  him  tliat  it  was  treason,  why,  said 
ht,  I  neant  it  so ;  and  the  more  treason,  the 
ktter ;  the  more  odious  you  make  the  kin^  to 
ktf  the  more  likclv  it  is  to  raise  the  people  mto 
a  rrbdlioD  ;  and  tlie  sooner  you  raise  tne  peo- 
ple iBto  a  rebellion,  the  more  like  you  are  to 
^""•■f*^^  the  design  of  bringing  the  people 
fit  riavery  to  the  French  king,  and  so  at  once 
hk^goj  bO  liberty  and  propertVt  and  all  that 

• ^     Nobody  can  believe  out  IMr.  Fitz- 

guihy  of  this  libel  and  contrivance  to 

t  the  Icing,  and  raise  a  rebellion  here, 

fkt  witnesses  luve  sworn.     Now  as  you 

possibly  doubt  but  this  moves  from  Mr. 

tlien  consider  the  inconsistency 

if  ibe  seoond  part  of  his  defence,  and  the  im- 

wdmcy  of  it  too.     For  as  before  he  pretended 

m  was  drawn  into  it  by  Mr.  Everard,  so  now 

^WDoU  make  you  believe  be  did  not  do  it  out 

tf  atndlerous  design,  for  that  he  was  euiidoycd 

iksDt  tlieseaflbirs ;  and  this  comes  under  the 

ifeofaecictaenrice:  and  he  ii-ould  fain  have 

ildfeil  yoa  should  believe  the  kin^  should  hire 

*^~  to  laise  a  rebellion  against  buasclf,  to  do- 

himselfi  and  to  incense  tlic  minds  of  the 

against  him.    And  this  must  be  the  ser- 

iitt  thai  he  is  put  upon ;  he  had  no  truitemus 

■iHt  in  himaidii  but  he  was  to  trepan  all  the 

iHi  thai  stood  sealously  up  for  the  Protestant 

il  propertVi  and  that  by  direction 

whom  ?  From  the  king,  whom  FitzhaiTls 

~  hare  all  people  to  believe  to  be  a  Papist ; 

would  have  people  belicvij  that  he  is  an 

It  man,  that  be  was  only  employed  u^ion 

tl^  A  special  piece  of  service ;  that  the  king 

■nrid  be  at  gieat  oains  to  employ  Mr.  Fitz- 

hmi  to  deifroy  hnnself  and  the  whole  nation, 

^  to  Main  his  whole  family :  and  upon  \i  hat 

~     ironM  he  hsre  you  to  belifve  it?  As 


first,  you  olisen-ed  how  inconsistent  it  is  with 
the  former  part  of  his  defence,  that  he  waa 
trepanned  into  it ;  now  he  did  not  do  it  from 
!\Ir.  Everard,    nor  with  a  treasonable  inten- 
tion.    But  certainly  this   is  a  treason  that 
nothing  can   be   said   to  ]mlliate  or  excuse, 
and  I  am  sure  he  hath  said  nothing  will  do  it. 
Yet  all  the  defence  he  hath  made  has  tended 
that  way.     Fur  though  he  hath  not  arrived  to 
the  conndence  to  say  such  a  thing  is,  yet  he 
hutli  insinuated,  hv  the  method  of  his  proceed- 
ings,  that  he  would  fain  have  4iuch  a  tning  be« 
lieved  ;  and  that  the  man  hail  no  trarterous  de-^ 
sign  in  it.     N(»w  what  evidence  hath  he  pro- 
duced for  it  ?  He  hath  pro<hicefl  to  you  ei'i.* 
dence  that  he  hutli  had  money  from  tlie  king, 
and  hath  been  sometimes  at  the  dutchess  of 
Portsmouth's.    I'hat  he  Iiad  money  from  the 
king  is  true,    but  it  little  became  him  to  men- 
tion it ;  for  it  -was  charity  to  relieve  a  man  in 
necessity,  that  was  ready  to  starve,  and  was 
force<l  to  go  all  the  ways  he  could  to  work  to 
raise  com|iassion  ;  he  urged  the  sufferings  of 
liis  wife's  father  ;  you  heard  the  iietition  read 
as  a  ground  for  supply  ;  and  he  hatli  so  &r  pre- 
vailed upon  the  king's  charity  (which  he  hath 
abused)  as  to  have  a  sum  of  money  given  him, 
and  he  hath  had  tlic  benefit  of  it :  Hut  he  hath 
made  a  very  ill  return  for  it ;  for  the  thanks  he 
hath  ^ven  to  the  king  for  this  hU  charity,  is 
to  fly  in  the  face  of  hini,  his  family,  and  the 
government.     He  hath  endeavoured  to  raise  a 
rebellion  ;  and  when  he  is  brought  to  his  tiial, 
he  continues  to  defame  the  king,  which  ii  an 
aggravation  of  his  trf^ason,  if  pcrasiblc.    And 
now  having  no  ])ruof  in  the  world  for  these  ma- 
licious insinuations  ;  and  all  tlic  witnesses  that 
be  hath   called  to  make  out  what  he   would 
fain  have  believed,  and  dares  not  mention,  Tnot 
pro\  ing  any  such  thin":)  you  will  have  httle 
reason,  gentlemen,  to  believe  any  tiling  that 
comes  from  him,  esj)eciallf  if  you  consider  the 
nature  of  the  libel  itself,  it  is  iin[>os8ible  this 
man  should  ever  be  set  on  work  to  contrive 
such  a  thiiiyr  as  this,  to  defame  the  king  and 
all  his  flmiTy,  to  raise  a  rebellion,  to  overUirow 
all  relii^ion, liberty  and  the  king  himself ;  it  is 
impossi!)lti  to  be  believed.     But  1  fear  I  press 
too  nuirli  u|K)n  you,  as  if  I  did  susjiect  there 
could  Ixi  men  in*  this  kingdom  so  bad  as  to  be- 
lieve such  a  malicious  insinuution.     Gentlemen, 
I  leave  it  to  yoxi ;  you  hear  what  our  eiidcnce 
is,  thi'ce  witne$>es  thrit   iMtNithdy  -swear  this 
trcas<»n  against  the    pri**!!!!"!'.     Sow    as  you 
have  this  positive  evidi'iire 'tn  thi*  one  side,  so 
you  liavo  no  ci>!t»urot'eviilen'.ri'  i»ntiie  contrary  ; 
and  itis  im|i(»«isibl:r  (or  you  to  t'lMit  him  Not 
Guilty.     It  is  to  dony  tlit-  lii>l:i   of  the  ilay  ; 
audit  is  a  thing  ofihut  conse«^uenec,  that  all  ages 
when  they  hear  of  it,  will  sny.  that  there  is  no 
justice  to*  be  bad,  if  an   KiijLrliNh  jury  do  not 
find  a  verdict  aceonliiig  to  their  evidence :  for 
what  security  hiilli  a  matt  lor  his  lift;  and  csUite, 
if  twelve  substantial  men  oi' a  jury  shall  dare 
to  go  aghiii^t    |il-.;i!i   and  full  cvidciiro  ?     It  is 
all  the  seeurily  wi  I*'.U£;lishmn*)  bus  I'tir  all  ho 
enjoys,  that  be  is  to  pas«  iliroi^^'ij  ihc  luinds  of 


343]        STATE  TRIALS,  35  Charles 

twelre  honest  men  of  his  own  colInt^^^    Audi 
if  it  be  possible  for  a  Jury  to  go  against  evi- 
^nce  BO  plain  as  thb  is,  I  say,  no  man  is  sate 
in  his  lire  or  cstatew 

Serj.  Jefferies.  Gentlemen,  T  desire  to  take 
notice  of  what  Mr.  Fitzharris  was  pleased  to 
conclude  withal.  He  says,  his  blood  is  to  be  re- 
quired at  your  hands,  and  therefore  he  would 
tain  b^'  that  means  insinuate  you  out  of  your 
consciences.  But  I  think,  if'you  consider  the 
circumstances  that  have  been  eivon,  and  all  the 
evidence,  it  will' be  imj)ossibTe  for  men  that 
have  any  respect  to  their  credit  and  their  con- 
sciences, to  acquit  this  gentleman.  In  the  ru*st 
place,  it  is  known,  and  it  linth  been  given  in 
proof  to  induce  the  probability  of  the  matter 
evidenced  against  the  prisoner  at  the  bar,  that 
he  is  a  known  Homau  catholic;  they  are  all 
pi*ote8tants,  and  goud  pmtestants,  and  you  are 
all  protestauts  too.  And  then  (he  case  goes 
thus  far  furtlier :  You  that  arc  pv«testants  must 
take  it  upon  vour  oaths,  that  these  gentlemen 
have  K^vom  false,  an^  convict  tl.em  of  wilful 
perjury  ;  and  if  you  do  convict  tlicm,  it  must 
be  upon  tlie  bare  allegation  of  a  papist :  And  I 
hope  never  to  live  to  see  the  day  that  men  that 
Are  of  prood  crcdli,  and  protestants,  sliall  by  an 
nllcgation  (tliough  never  so  confidentlv  af- 
tirmed  at  the  bar)  he  presumed  to  be  guifty  of 
perjury.  80  that  I  say,  my  lord,  besides  the 
baseness  and  venom  of  this  impudent  libel, 
which  certainly  no  honest  man  in  the  world  will 
give  tlie  least  couiitenaiico  to,  here  is  evidence 
enough  from  himself.  And  you  cannot  believe 
it  proceeds  from  any  dircLtiun  from  the  crown, 
(as  this  man  Mould  iiisinuat:'^  and  therefore  he 
hath  given  us  tU(;  groalcsl  cndence  by  his  liiiol- 
lingat  Ihobar.  And  he  hath  not  only  libelled 
the  crouu,  hut  he  hath  railed  up  some  >^  itncsscs 
on  purpose  to  lil>el  the  rest  of  his  own. 
And  tlien  I  hope  yo-i  will  take  notice  how  he 
<lid  insinuate  with  Mr.   Kvtrard  at  the  lM>£rin- 


I 


iiing :  When  you  wore  in  the  French  ki:ig's 
service,  said  hcy  and  have  been  neglectwi  ever 
since  you  lefl  it  ;  if  \ou  will  come  and  join 
\*ith  me,  without  peradvcntnro  yon  may  get 
t^ucouraijement  fittt^r  than  that  poor  and  mean 
way  that  }ou  niv  icuiwed  to  by  cnd)nicing  the 
iroVNtant  interest.  He  u-ivcs*him  a  mcth<Ml 
ikewise  to  walk  li\  :  IK;  i!iom;lil  him  thu 
pvrson  that  had  v. r*t  some  paii  ;>hLt  lufor.', 
and  therefore  was  iii  fur  his  piirpofvP,  and 
ouijhi  to  be  encouiii^";.^!.  And  he  dot  s  toil  you 
the  avoids  not  onlv  ajv-iMist  the  present  govern- 
ineut,  but  that  whieli  i.'\iry  «;ood  prot.''i.tant 
must  4iceds  aidxa*  an,l  tre:r.Mi^  ai ;  he  bids  hiin 
lakeeareto  libel  the  whole  fani!!.'.  I Te  tills 
liim  witha),  you  ni  :st  bi-  sure  lo  .s^iy,  thai  the 
late  king,  ot*  bkssed  nieinory.  v»:i,*e(;neeiiiC'd 
even  in  the  Irish  rebellion  ;  ii\A  \'.,:..\  tlii;  khiLf 
hath  pnmioied  th,v-5i^  pepNons  thai  i>ii  i'.alur 
had  countcnanetHi  lor  that  aeiion  ;  and  he  tells 
liim  the  names  of  t!K>se  persons  that  v/eic  so 
promoted.  .After  this  is  ilone,  wluit  does.^Jr. 
£verard  do  ?  he  goes  and  niak(N  a  lUseovery  ; 
he  tells  the  cireumslanee.N  aud  the  ].ersous,  to 
Mhom  and  when :  .\ud  the  persons  ii^  made 


.'  \6%lj-^ProcetdingM  agobuf         [3S4 

that  discovery  to,  do  in  every  circninstaBos 
agree  with  time,  place  and  all.  Tlic  first  night 
this  appointment  was,  I  hope  you  will  remem- 
ber, that  when  Mr.  Everard  had  90  placed  that 
gentleman,  against  whom  there  is  not  the  least 
word  said  or  imagined  to  find  fault  wiA  him, 
he  takes  notice  of  the  instructions  ;  owns  that 
he  had  given  him  instnictrons ;  and  takes  par- 
ticular notice  of  one  passage,  that  when  w. 
Everard  said,  But  there  may  be  danger  in 
them,  is  not  this  treason  ^  The  prisoner  made 
answer,  the  more  treason  the  better.  Ay,  bat 
then  this  is  dangerous,  how  shall  I  veotmv 
upon  such  matters  ?  Why  have  you  not  mf 
hand  in  it  ?  I  am  as  guilty  as  you,  and  in  aa 
much  danger.  What  then  was  the  reward  F 
there  was  to  be  at  jntssent  40  guineas,  uidaa 
annual  jiension.  Hut  to  whom  wua  Mr.  Fiti- 
ham's  to  discover  this  ?  not  to  the  king,  but  to' 
the  Freiirlt  ambassador,  and  the  confessor  w« 
to  be  the  man  that  was  to  girc  tlie  rewaitf. 
Flanders  was  first  to  be  subdued,  and  the  pnir 
beyond  the  seas,  and  then  England  would  be  bat 
a  morsel  tor  them,  tliey  could  take  that  m  the 
way.  All  this  was  done,  wlfich  is  plainly  swan 
by  a  wimess  tliat  had  a  place  made  on  pisr^ 
pose  for  him  to  overhear  all  that  passed. 
And,  my  lord,  ior  the  next  witness  there  is  ar 
William  Waller ;  there  is  this,  besides  whit  is 
swoni,  agreeing  in  circumstance :  he  tdhjM 
both,  to  their  very  mone}',  that  it  was  fortf 
somewhat,  but  he  cannot  say  guineas ;  and  is 
tells  you  something  of  the  iiension,  a  gicil 
many  thousand  crowns :  and  he  tells  you  psr- 
tieulavly  of  that  circinnstancc  of  the  French 
confessor,  and  the  French  ambassador.  Be- 
sides all  this,  does  not  !»ir  William  Waller  leH 
you  this  very  thing,  That  he  espied  liim  with 
a  ptMi  and  ink,  that  ho  (^ave  a  note  of  the  Kbd 
iiself,  and  he  heard  iiiin  give  the  directions  f 
and  whon  ho  came  into  the  room,  he  ftaw  the 
ink  frosli  upfm  the  paper ;  and  when  he  hesi4 
him  give  directions  for  the  alteration  of  partico- 
lar  words,  he  said.  You  have  not  worded  it  so* 
cording  to  my  mind  in  such  and  such  particu- 
lar placf,>s.  Hut,  mv  lord,  there  is  this  renom 
in  it  further  to  be  taken  notice  of,  that  he  sare 
his  instructions  to  draw  it  so,  as  that  it  midbf 
b(  !<t  take  efleet,  acconlingto  his  intention :  ror 
uhon  IMr.  Mveraid  thonght  it  might  do  well  Is 
make  it  with  th<ai  and  thee,  as  though  it  sbooU 
bo  the  design  of  the  (Quakers,  he  said.  No,  bj 
no  lireans  ;  iuit  put  it  in  changing  the  phraifi 
Its  if  il  t\as  ihc  desi'^n  of  all  the  IVotestant  Di»» 
senti  IS,  and  so  by  that  means  woiibl  draw  tbs 
odinm  npon  theni^  and  biing  \\\im\  in  danger SS 
well  a;  oilier.^.  And  this  is  eoniimied  too  bj 
sir  Vi  illiiuii  Vi'alli-r  :  so  that  in  every  circum- 
sta:re  h  •  hatli  s]iewe<l  tlie  venom  of  his  desiA 
Hut  iki  tne  his;  j.lae\  Mhieh  S(i;i  ly  the  miOe- 
inen  «.f  ttie  jur  ■,  *»'ill  not  iorji'iM  what  sir  Wil* 
liam  Vr'.Jkr  s.-.i<l,iliai  Tii/harris did  say,  1  hafQ. 
taken  cure  already  i'>  di^peisi*  ab;<nflunce  of  K* 
be!>  amon;sl  Msr  parly.  Anil  wlien  Eversiil 
tidd  hint  oi'u  \\\vA  that\vas  souio  while  beftm 
he  s:ud  hx>  i.ul  >'  ':\\  that  a  tfieal  while ngo,  aai 
liiere  uii^^ht  be  s^imowhat  m  it  to  the  purpsssf 


STATE  TRIALS,  33  Charles  II.  i6si  .^Edward  FUz/unrii.         [386 


r  tlie  answer  tbat  hath  been  ^ven  to  it, 
dv  I  think  it  does  not  bear  any  sort  of  re- 
D  the  charg«  that  is  u|K>n  him ;  for  what- 
dsscoiirse,  or  whatsoever  he  hath  urged, 
much  to  his  purpose.  He  hath  brought 
noblefnan :  but  after  all,  I  would  put  him 
i  of  one  thin<^  that  nobleman  said,  he  did 
he  came  to  him  in  the  name  of  one  that 
m  not :  and  so  will  every  body  say  that 
wnd  the  evidence  ;  for  all  his* witnesses 
ttreljr  deoy  that  they  ever  knew  of  any 
Htten  as  be  speaks  of.  And  now,  my 
r<oukl  be  very  g;lad  if  this  gentleman  (in- 
f  saying'  as  he  hath  said)  would  have 
I  soon  as  he  had  this  libel  from  E^crard, 
tcoTered  it  immediately  to  some  body 
Ixlbre  he  had  carried  it  on,  as  Everard 
ore  the  thing  was  perfected.  And  so, 
Ko,  we  do  think  upon  this  evidence,  we 
ft  yoQ  without  all  manner  of  excuse :  it 
inpoftsible,  upon  such  a  proof  as  this  is, 
Dsiderinff  the  nature  ana  venom  of  tlie 
eir,  the  base,  venomous,  malicious  insti- 
be  aiade  use  of  to  effect  it,  and  the  ends 
ch  it' was  done,  to  bring  in  the  French 
IS  tog«tlier  by  the  ears,  to  render  the 
Hsos  tu  liis  people  ;  and  the  person  it  is 
ft  s  known  Irish  Papist ;  I  cannot  doubt 
woe.  And  I  do  nope  when  I  see  so 
boncst  ^ntkmen  and  Protestants  at  the 
!y  will  oe  loth  to  forfeit  their  own  souls 
H  daaination,  to  save  a  man  that  is  guilty 
a  treason  as  this. 
.  J,  Have  you  done,  gentlemen  f 
r.  Je/crktu.     Yes. 

.  X*     Then  look  ^rou,  gentlemen  of  the 
■«  is  Mr.  Fitzharris  indicted  for  treason 
the  king:,  and  it  is  for  endeavouring  to 
■ay  his  life,  to  make  him  otlious  to  his 
1, 10  incite  them  to  a  rebellion,  and  to 
IBs  here  in  this  kingdom  a^inst  our  I 
m  sovereign.     And  by  the  indictment 
idy  that  be  hath  declared  these  emlea- 
ni  these  intentions,  bv  causing  a  scan- 
■ad  evil  pamphlet  or  libel  to  be  written, 
iJMeot  to  be  dispersed  throi^h  the  king- 
IW  words  of  the  libel  you  have  heard 
hriy  read ;  some  of  them  are  taken  out 
■Mied  in  this  indictment     Mr.  Fitz- 
Mtth  been  arraigned,  and  hath  pleaded 
dly ;  and  you  are  to  try  the  single  mat- 
it  yoa,  whether  Mr.  Fitzharris  be  guilty 
iMaon.     That  this  is  treason,  and  con- 
Craaaonable  matter,  gentlemen,  is  so 
■«•  body  living  can  doubt  it :  but  it  is  a 
tf  ■■  high  a  nature  as  peradvcntun?  ever 
Iha  kingilom  of  England,  ajid  tends  as 
b  that  which  would  be  the  rlestructiim 
Uiv  and  kingilom.  Tlie  king's  life, 
ly  att  we  have  that  is  dear  to  us,  or  %i 
or  avail  in  the  world,  an.*  con- 
flw :   for  what  does  it  tend  to  i    It 
insurrection,  to  raise  the  peo- 
that  like  a  deluge  would  over- 

Bnbtrode  gives  in  his  Me- 
la «ii  abridgment  of  tliis  Charge. 


run  and  sif'eep  away  all.  It  is  to  undo  the  go- 
vernment ana  all  order  in  the  kingdom,  and  to 
destroy  the  life  and  being  of  all  that  is  good 
amongst  us.  A  more  virulent  and  villaiuous 
book  certainly  was  never  written  ;  nor  any 
thing  that  tended  more  to  sedition,  or  to  incite 
the  people  to  a  rebellion :  such  a  book  as  pcrad- 
venture  no  well  governed  kingdom  ever  heard 
of  the  like.  It  tends  to  defame  the  king  and  all 
his  ancestors,  and  to  blast  all  that  shall  come 
after  him,  to  raise  us  into  a  tumult.  And  what 
is  all  this  to  do  ?  Tu  settle  the  Roman  Catholic 
religion  amongst  us.  And  this  is  such  a  piece 
of  the  art  of  the  jusuits,  which  peradv^ntrre 
hath  outgone  all  they  have  done  before,  it 
seems  to  be  their  hand  ^directly,  and  we  are  all 
concerned  as  Englishmen  tu  take  care  of  such 
villainies.  This  is  the  nature  of  the  treason 
that  is  comprised  in  thib  book.  Whether  Mr. 
Fitzharris  was  the  author,  or  director,  or  con- 
triver of  this  book,  is  the  question  before  you : 
(For  plainly,  without  any  suppose,  the  book 
contains  in'  it  as  high  treason  as  ever  was.) 
And  as  to  that,  gentlemen,  you  must  consider 
that  this  a])pears  evidently-  to  be  a  design  of  tlie 
Roman  Catnolic  party ;  it  is  a  jesuiticid  design : 
For  this  is  that  they  aim  at,  to  confound  uU 
things,  that  they  may  fish  in  troubled  wate  s« 
And  you  see  they  have  found  out  an  apt  inKtru* 
ment,  an  Irish  papist,  one  that  hath  been  idl 
along  continually  concerned  with  them,  and 
intermeddled  in  several  of  these  plots  and  |»a- 

Eers.     Gentlemen,  the  evidence  tliat  is  given 
ere  against  him  is  by  three  persons,  aad  there 
is  great  evidence  from  the  matter  that  is  pro-' 
duced,  besides  those  persons.    There  is  Mr. 
Everard  does  declare  to  you  the  whole  of  this, 
and  Mr.  Fit/harris^s  aiiiilication  to  him  to  write 
this  book.     He  tells  }  uu  the  intention  of  it,  and 
he  gives  you  the  very  grounds  upon  which  this 
was  to  be  v'l'ittcn  ;  that  is,  to  raise  a  sedition, 
that  was  the  first  instruction ;  to  raise  sedition 
in  the  kingdom,  and  this  was  to  busy  us  at 
home,  that  the  French  king  might  get  Flan- 
ders and  die  Low  Countries^  while  we  are 
confoundiHl  at  home :  And  then  the  catlioiica 
have  their  game  to  play,  and  carry  all  Itefore 
them.     Look  you    gentlemen,  Mr.' Everard  is 
so  cautious,  that  he  walks  not  alone  in  the  case, 
but  with  a  great  deal  of  prudence  declares  it  to 
others,  that  they  may  be  witnesses  in  the  case 
for  him.     Mr.  Smith  d(»es  agree  in  all  things 
for  the  first  ni<;ht  tliat  Mr.  Everard  hath  de- 
clared, how  tliat  ho  heard  the  <liroctions  owued 
as  gi\cn  by  Mr.  Fitzharris,  for  llie  v^Titinff  this 
liook,  an(f  ho  heard  llio  d<»sign  of  it,  he  heard 
thcrtt  was  a  rewunl  pi\>niisi.*d  to  him  for  the 
doing  of  it,  and  he  tells  you  s«)iiie  of  the  iii- 
struc^tions.     Tlni  next  ni^rKt  sir  William  Waller 
wasjiresent ;  and  he  tells  3'ou  all  the  instruc- 
tions of  that  nijrht,  and  that  ritzliarris  owned 
them,  that  he  gave  thr*be  iiistru<'tijits  in  the 
private  consult.     IJiit  thai  tlmlis  not  to  l»e  an- 
swered, genrlenicn,  is  \\v\  o;vn  instruai^H'S  in 
writing ;  \\  li/it  t-nn  Ikj  said  to  that  -t  H'you  were 
doubMid  ol'tlu'  cn^lit  of  the*;**  ufontlcmen,  yet 
Mr.  Fitzharris's  own  iuatructiJiis  in  writi'sjf 
2C 


«871         STATE  TRIALSt  33  CHAHLM  II.  168I.— JVmmA^  ggidmi         [SM 


•nder  his  hand,  art  an  evidence  beyond  all 
coiitroti]  in  the  vrorld  that  he  gave  those  direc- 
tionii;  and  them  arc  treason,  that  is  plain. 
And  therefore  it  does  aeeni  to  be  as  strong  an 
eridence  as^inst  Mr.  Fitzharris  of  this  treason, 
as  peradventurc  erer  was  g;iven  aflrainst  a  trai- 
tor. There  is  not  any  one  witness  that  stands 
single,  but  there  are  two  to  each  night ;  and  his 
own  instructions  written  by  himself  do  not  stand 
apon  the  eyidonce  of  a  single  witness,  for  he 
owned  it  in  the  presence  of  three  witnesses :  So 
then  a  stronger  evidence  cannot  be  given  that 
be  was  the  author  and  director  of  this  book. 

Then,  gentlemen,  you  must  consider  what 
he  says  for  himself  in  excuse  of  this  horrid 
fi^eason  that  these  witnesses  seem  to  fix  so  iiilly 
apon  him.  The  first  witness  he  brings  is  Dr. 
fljatcs ;  and  he  does  tell  von,  that  having  some 
Hncourse  vinth  Everanf,  Everard  shoidd  say, 
this  was  a  dengn  of  the  court,  and  was  to  be 
jput  ^  into  some  lonis,  and  I  think  into  some 
parliament-men's  pockets ;  and  then  they  were 
to  be  apprehended.  I  think  this  is  Dr.  Oates's 
testimony.  Mr.  Everard  in  here  upon  his  oath, 
and  he  testifies  no  such  thing  iji  die  world :  It 
b  easy  for  one  to  come  and  say,  I  heard  a  man 
My  so ;  perhaps  he  said  it  by  way  of  conjec- 
ture; bat  this  is  no  answer  to  direct  j^roof. 
Mr.  Sheriff  Cornish  is  the  next  witness,  and 
lie  says,  he  had  some  discourse  with  the  king, 
and  tne  king  should  say,  he  thoi^ght  Mr.  Fitz- 
harris had  Men  an  honest  man,  and  had  given 
bhn  some  mone\'. 

Mr.  Sh.  Cornish.  No,  my  lord,  the  king  said, 
Betook  him  to  be  an  ill  man. 

£.  C  J.  Then  it  soeins  1  was  mistaken  ;  his 
majesty  did  not  tell  him  he  took  Fitzharris  to 
he  an  honest  man,  but  an  ill  man.  But  that  he 
lud  formerly  some  money  of  the  king,  upon 
pretence  of  doing  him  some  servico ;  now  that 
iNring^i  it  out  what  the  kingV  moanhig  was : 
For  it  seems  there  had  ht'cn  l>egge<l  some 
money  for  him,  and  the  king,  at  my  lady 
Portsmouth's  desire,  by  way  of  rharit)',  gave 
him  some  little  "matter *of  money ;  he  boasting 
and  telling  the  king  ho  couhl  do*  him  some  ser- 
vice. You  see  what  manner  of  service  it  is  he 
would  have  done  him  and  the  kincrdom.  Then 
as  to  the  rest  of  his  evidence,  there  is  Mrs. 
Wall,  and  my  Iwly  duchess  of  Portsmouth ; 
and  he  hath  examined  thc-m  con(!ernii\g  the 
money  he  hath  receive<l,  and  they  both  declare 
upon  what  gn)\md  the  money  was  given :  It 
was  ^ven,  they  tell  you,  fora  gratuity  from 
the  king  to  him :  and  upon  his  boasting,  says 
Mrs.  Wall,  that  he  could  d(»  the  king  service, 
and  bring  over  persons  tu  his  interest.  I  tliiidc 
tliere  is  no  other  witness  very  material :  For  as 
for  !VIr.  Ru1strode*K  evidence,  it  signifies  no- 
t'l'riir  at  nil ;  it  is  not  niaterial  for  him  or  against 
him  in  the  case :  A  discourse  aliout  delivering 
a|)Ctition  to  the  kine  tiom  his  wife.  Now, 
Gentlemen,  you  must  consid<'r  what  ill  use  this 
gentleman  deNigns  U>  make  of  the  king's 
diarity  and  favour  to  him;  he  gave  him 
•ome  money  to  relieve  his  wants,  and  now 
wauM  he  intarpret  this,  and  insinuate  Uiis  to 


he  gjven  for  ill  pwaoaeiy  ftr  to  makt  hinln- 
pon  bit  aoligeGto:  nludi  k  anollicr  piaeed 
virulency  that  these  papisti  ahmn  finin.iw 
against  the  king ;  Uiey  dwaya  nmKe  an  ill  hi 
of  his  best  actknis,  aiid  an  lU  intenNtatiOB  of 
them.  For,  gentlemen,  can it  be  benevad,  thai 
the  lung  would  ever  dengn  audi  m  tiifai^  aa  tUi 
is,  to  blacken  his  fiunily  for  ever,  toaliriqpal 
his  subjects  against  hbaD,to  endanger  hk  erairi 
and  kingdom,  and  all  that  he  has  m  tlw  woildl 
And  all  this  to  what  purpoae  ?  No 
design  can  be  made  of  it.  This  is  au 
to  excuse  such  a  villainy,  as  never  wia 
of,  by  wresting  the  king's  charity  and 
sity  to  such  ill  purposes ;  but  uuX  aooM 
lia^-e  the  confidence  to  do  any  thing.  I 
leare  it  to  you.  Here  are  three  witna 
hand  to  these  inatnictions,  andhia 
declaration  that  it  was  not  treaaonahie 
nor  viruknt  enough.  AU  theae  tUnn  m 
strong  evidences  m  the  case.  And  if  yei 
believe  these  witnesses  and  his  own  htm^ 
wTiting,  it  is  a  plain  case,  you  rnnat  ini  Ml 
guilty. 

Fitsharrit.  May  I  have  liberty  to 
wordP 

L.  C.  J.  Gentlemen,  I  had  forgot  one 
For  fear  it  make  an  impreasion  in  yon, ' 
I  see  he  hath  inculcated  it  ofien  and  of 
that  is,  the  impeachment  that  waa  by  tlw 
mens  House  of  treason  against  BIr. 
the  Lords  House :  I  must  tdl  yon, 
that  is  not  before  you  at  all ;  tihie  nntlv  fl 
that  was  by  way  of  abatement  pleaded  talk 
jurisdiction  of  this  court,  and  that  ia  1 
You  must  have  no  consideration,  nor 
any  cousideration,  of  that  now.  Yonr 
is  not  whether  we  have  authority  to  irf  ikk 
cause ;  but  >ou  arc  impannclled  and  awenti 
one  fioint,  aiid  that  is,  whether  Fitahanii  bi 
guilty  of  this  treason  or  not.  Whether  tlmjaaf 
haveauUiority  to  ilo  it,  is  another  qaestion  pnpe 
for  our  deteniiination,  and  we  have  detennind 
it ;  but  there  is  nothing  of  that  lies  beArayni 
in  this  case.  Therefore  you  must  not  be  ak 
led  with  any  thing  that  lie  talks  so  fhodly  fl 
concerning  the  inii>eachment,  or  innniiaa| 
his  blood  lying  at  your  doors,  that  anrelyvl 
signify  nothing  to  men  of  understanding  at  dl 

Mr.  Johnson.  My  lord,  it  is  our  happMi 
to  come  before  you* tinder  these  circumalaMM 
We  have  iindei^rtood  there  is  a  vote  of  tiieQRn< 
nioiis  of  Knglaiid  in  parliament,  that  saya  flM 
man  shall  not  be  tried  in  an  inferior  oonits  M 
we  take  ourselves  to  1n>  the  judges  <^tlui  Ml 
in  ]>art  under  your  lonlsliip's  directions. 

Sei;i .  J^  Icvtia  rd.  Y  ou  are  not  judgea  of  it,  jOI 
are  only  to  try  the  fact. 

Mr.  Johnson.  I  only  offer  my  senae,  anil 
the  other  gentlemen  t  iiink  otherwise,  they  vl 
speak  it.  I  think  the  office  of  a  juror  is  aMli 
that  it  is  within  his  power  to  aeipiit  or  candid 
actH)nling  to  the  evidence,  as  it  lies  within  I 
own  conscience.  Now  if  we  should  aflf 
this  man  (we  have  no  assnrance  we  idiall  aai- 
him,  only  iiup])ose  it)  then  there  ia  nan 
against  lum  but  what  liea  in  a 


STATE  TRIALS^  33  Ckahlbs  II.  ^6Sl,^Bdward  fitzharrU. 


[S9a 


■ad  we«lwll  fiir^iidg«  their  cause.  There 
ij,  1  do  not  know  how  far  by  law  we  are 
to  give  a  verdict  in  tins  case  u|ion 


C  J.  Look  you,  gentlemen,  we  v^ould 
ih  jTonr  satimction  as  much  as  we  cau 
I  thiBcs ;  "and  it  is  reasonable  that  if  you 
iBV  MibiB  you  should  propose  them  to  us, 
0  Uiat  piu|Ni6e  we  are  to  mvc  you  satis- 
OfSBd  will  in  all  tilings.  I  must  tell  you 
tlie  jurisdiction  of  the  court,  that  it  is  not 
bMn  you:  and  as  to  the  vote  of  the 
eof  Commons,  oUedged  by  him,  if  any 
be,  that  camiot  alter  the  laws  of  the 
juatHy  any  of  us  in  departing  fikim 
no  more  than  if  a  letter  or  mandate 


d  be  caiped  from  the  prince  or  chief  ma- 
te ofthis  kingdom,  to  any  of  us  in  dero- 
I  •f  justiee  (as  it  is  possible  by  surprise  to 
eave  to  take  notice  oftheone,  no  more 
ikecther.  We  are  upon  our  oaths  to  do  jus- 
ewiwKny  to  the  law  cSfthe  land:  you  likewise 
pan  your  oaths,  and  sworn  to  do  justice  in 
sphere ;  and  your  oath  is,  that  you  shall 
IV  truly  whether  he  be  guilty  or  not; 
rhe  be  guilty  in  your  judgments,  you  can 
apstfe  him,  than  you  can  condemn  an 
person.  It  never  was  pretended  by 
will  it  be  asserted  by  any  man 
ds  himself  or  the  constitution  of 
t  of  this  kingdom,  that  a  vote  of 
of  Commons  can  chanffe  the  law  of 
It  cannot  esccuse  us,  a  we  deny  to 
that  is  brought  before  us ;  nor  will  it 
•  TOO,  being  under  an  oath,  jiutly  to  try 
If  you  should  (because  the  dommons 
lekava  voted  that  he  shall  not  be  tried)  de- 
I  Ait  men  innocent,  who  in  your  own  judg- 
ijm  fcelicve  to  be  not  innocent ;  you  nor  we 
■lli  eooaider  what  will  be  the  consequence 
iiiTlkia,  bmu  be  acquitted  or  condemned ; 
k  net  Wibra  us.  You  and  we  too  are  tied 
■ly  to  the  laws  of  the  land,  and  by  that 
Mrtlliie  men  be  judged.  As  to  our  parts 
Mil  do  it  as  to  the  law,  and  you  as  to  the 
Bol  I'll  tdl  you  further,  gentlemen,  this 
twee  moved  to  us  by  the  grand  jury,  be- 
kebU  wee  found ;  we  had  an  intimation  that 
wanli  move  such  a  doubt  to  us  as  seems 
year  dbobt  now.  Therefore  for  their  sa- 
NisB,  and  the  taking  away  any  scruple  that 
■  bo  ie  tin  case,  aU  the  judges  of  Kngland 
Mil  together,  and  seriously  debate  the  inat- 
iieekolHioe  of  all  this ;  and  it  was  not  our 
im  of  Clua  eourt  only,  but  the  opinion  oi'  all 
■%m  ef  England,  That  we  hsid  ajurisdic- 
toiiyikie  man.  This  we  have  told  you, 
me  we  would  satisfy  all  men  to  co  on 
rill  ftm  ihi^  ■  that  are  before  thein.  'Ihere- 
phllbiingpntomofthe  case,  you  mnstcou 


r 


refdiet,andgiveit  in  upon  tliis  trial. 
We  do  not  douot,  my  loni, 
in  this  case  will  indemnify  us 
Ihtore  diarge  by  the  Commons  of 
at  it  lice  bdRne  uo  to  consider  what 
to  de  in  the  ease. 
Qeatiemeni  (suppate  you  do  not 


doubt  but  we  are  all  of  the  same  opinion.  It  is 
no  marvel  uideed  to  hear  a  man  tliat  stands  in 
Fitzharris's  place,  to  object  any  thing-  that 
may  cast  a  mist  before  your  eyes.  And  yet 
it  cannot  but  be  wondered  at  tiM>,  that  when 
three  protestant  witnesses  have  sworn  precisely, 
he  should  have  the  confidence  to  urge  any  thin^ 
of  this  nature.  He  who  ap|)cariii  by  the  mdiot- 
ment  itself,  and  the  proofs  made  upon  the  in- 
dictment, to  have  endeavoured  to  destroy  all 
the  laws  of  England,  all  Magna  Charta,  all 
our  hberty  and  our  religion,  and  to  inslave  us 
to  the  kingot*  France :  For  that  amiears  plainly 
the  desiffn,  if  you  have  any  credit  to  the  wit- 
nesses that  are  produced :  He  that  would  have 
pulled  down  all  that  is  sacred  amongst  ua,  is 
so  zealous  for  the  authority  of  the  House  of 
Commons.  We  have  all  of  us  a  great  re- 
verence for  tlie  House  of  Commons,  and  for 
their  opiuions  ;  but  as  my  lord  hath  told  you^ 
so  I  tell  you  my  opimon,  that  a  vote  ot  the 
House  ot  Commons  does  not  in  the  least  so^ 
alter  ^e  law :  For,  indeed  if  it  did,  it  were  to 
give  a  legisUtive  powerto  the  Commons,  which 
does  only  belong  to  the  King,  the  House  of 
Lords,  and  the  Commons  tojjether.  And,  gen* 
tlemen,  thoi^  Mr.  Pitzharris  sa3rs,  if  he  be 
acouitted  here  by  you,  yet  he  should  remain 
to  DO  questioned  again  in  parliament ;  there  is 
no  man  in  the  world  can  doubt,  if  he  were  ao« 
quitted  here,  and  were  questioned  in  par* 
liament,  but  he  would  say,  he  hath  been 
upon  lus  legal  trial  by  his  peers,  and  that 
he  hadi  been  acquitted  by  lib  i^eers  upon 
solemn  evidence.  JBut,  gentlemen,  you  are 
to  consider  what  is  your  business :  Your 
office  is  to  be  jurors,  not  to  be  judges ;  you 
are  not  to  take  upon  you  any  such  autho- 
rity. Yourcononission  is  your  oath,  and  by 
that  oath  you  are  sworn  to  inquire  whe- 
ther the  prisoner  be jruilty,  as  he  is  indicted, 
or  not :  if  you,  as  Englishmen,  can  say  he  is 
not  guilty,  let  it  lie  upon  your  consdenceSy 
and  the  danger  of  ^e  kmg*s  blood  and  lifo  be 
upon  you. 

Just.  Dolben,  Gentlemen,  I  desire  to  speak 
one  word  to  you,  to  let  you  know,  1  am  of 
the  same  opinion  with  my  lord,  and  with  my 
brother ;  and  I  cannot  but  wondor  at  you  for 
making  this  scruple :  For  if  there  were  any 
thiujgf  in  wliat  you  have  said,  it  concerns  us  that 
arejud^,  and  not  you  at  all ;  for  it  is  a  mat- 
ter of  jurisdiction:  And  whether  we  have  a 
jurisdiction  or  not,  we  must  satisfy  oiirselvea 
that  w<'.  have  a  commission  to  do  it ;  it  con- 
cerns not  yi)U.  Do  you  but  consider  the  oath 
you  have  taken,  that  you  will  well  and  truly 
try.jand  true  deliverance  make  betwixt  our  so- 
verrllgii  lord  the  king,  and  the  prisoner  at  the 
bar,  according  to  your  evidence:  And  you 
have  sworn  a  true  verdict  to  give  upon  it,  and 
do  you  now  scruple  whether  you  should  give 
any  verdict  or  no,  when  but  even  now  ^ou 
have  sworn  you  will  give  a  venlict  ?  If  any 
such  thing  as  this  had  been  in  yonr  heads,  (tiir 
it  miglitbethennn  your  heads,  as  well  as  now) 
why  did  not  you  iq^of  it  befoic  you  took 


991]         STATE  TRIALS,  SSCHAEtst  II.  leBl^PneaHngM  tgcbul 

■!?'"*^L^'''""^'"r:;i'"'"  ^'  -W^-io"  SLlenceproctaimri  during jatai«il. 

of  Ui  <i«(h  to  give  t  venlict  Kcconling  to  your  '  "sj—b 

vnteDce,  knd  would  you  acquit  him  a^iwt  Ci.  aj  Qt.  Edirard  Fitzhams, 
Mieh  so  «Tidenc«  as  hub  tieen  given  ?  For,  be- 
wlKa  wbU  sir  William  Waller,  Smith,  and 
ETenudhaveiiep'Kediihe  very  note  Hworn  by 
■ir  Fhtlip  Uoyd  and  Mr.  Brid^m&n,  to  beownul 
by  Pi<zbamii  as  his  hand,  contains  ^xva- 
smenouijfh  ibit  it'thtrewercnDmore:  There- 

Ibrcdieremiutlte  sontethin);  more  in   it,   than 

for  the  sake  of  such  an  uiircasouablt;  scruple. 
Juit.  Ruyiiioiiii.   I  ain  ol'  the  same  opinion, 

tnily. 

Mr.  JdiwuM.    My  lord,  I  took  the  liberty  to 

■pckkit  now;  I  could  not  speak  it  beibre ;  I'or 

1  waa  not  then  to  eoquirE  what  I  was  to  be  Bwom 

to,  nor  could  1  know  « hat  would  be  ttie  ineltor 

that  would  come  beibre  us,  till  we  were  swom. 

Tberefflre  I  humbly  beg  yoiir  pardon,   that  1 


C39t 


<it'  Hi^h-treaaon,  and  haat  tbewunto  nieudfd, 
Not  guilty,  and  tor  thy  trial  put  thycelf  upoB 
(lod  and  tliy  country,  and  thy  country  hara 
liiuiid  thee  guilty  :  What  canrt  thou  My  lir 
iliyselt',  why  jndijment  of  de»th  ■bouU  not  he 
;^ven  Bf^inst  tbec,  and  execution  tiWudad  a^ 
oording'  to  law  ? 

Alylurd,!  think  it  will  be  prmidiail 


L.  C.  J.  We  are  nut  nl  all  troubled  at  any 
thing  you  have  said :  Jo  not  mistake  at,  we 
do  not  take  it  ill  from  you,  that  you  acquaint  uh 
with  your  scru|iles  :  We  are  ready  to  give  all 
■atia&ctinn  we  uou,  to  any  that  are  convemeil 
beibre  ua ;  tlierefure  we  are  no  way  troubled 
that  you  made  any  such  scruple,  but'  have 
given  you  a  tiiir  answer  to  it. 

Mr.  Ju/uuon.  )Iy  lord,  I  desire  a  note  of  the 
naines  of  the  Jury. 

L.  C.  J.  Give  it  him,  Mr.  Aslrey,  or  dbe 
the  crowd  is  mi  g7«at  he  miiy  uot  kruiw  them. 

JThenthe  Jury  withdrewfor  half  an  hour, 
at  tliar  return  hoin((  calicil  over  and  ap- 
pearing, the  clerk  took  the  verdict.] 

CI.  1,7'  Cr.  Eilward  Fitzharris,  hold  up  thy 
tiand  :  (Which  he  diil,J  liiok  upon  (he  pruonei', 
how  ray  you,  h  he  (iuilty  ot  thehigh-trea&on 
wbereul'he  &t.iiids  indJcieil,  or  Not  titiilty  i 

Foriman.  Guilty,  Sic. 
'    X.  C.  J.  I  think  yi»t  have  found  a  very  good 
venlici,  uiid   tijion   very  full  and  strong  evi- 
deitcc. 

Sill.  Gen.  Will  y.tur  lurdship  please  to  give 


^. 


p  will  talic  lime  for  that. 

&d.  Ofn.  ViHX  yiiii  g-ivc  a  rule  to  have  him 
brou[;lit  a\\  lo-niorLuw  ? 

/,.  C".  J.  Mi.vc  us  another  day  for  it. 

Fiizh.  iVIy  bird,  I  lio|ic  I  may  have  the  li- 
berty of  niy  wilt',  .ind  some  friends  now  f 
eome  to  me. 

L.C.J.  .\iiy  IVi<  ii<l  t  think  may  eoine  t( 
you ;  But,  !t)r.  Fit/liurris.  ynu  luusl  k-  mod^'M 
m  the  usin(f  that  liUny  we  ifive  you.  Yoi 
bare  her>.-ti'f>ire  abused  your  lilH-rty :  I  do  uoi 
love  to  tAiKifernic  tliiuiri;  to  one  ui  your  or- 
oumsituu  L"i.  but  you  ii*ust  In-  [Turli'nt  and-cnrc- 
ful,  liuuwii.ir  \<-ur<)«ii«-nndiln>n.  lliiit  vim  d> 
nothing  pnjuiiiciallotlic  kin^'  or  kiagiruin. 

Upnn  \\<-duesday  June  15,  liiUl,  Kdward 
Pit«hariiN  was  lirotiijht  to  the  Elaruf  tlie  Court 
of  Ki>i|ji'ii-bi-[K:li,  ton^ve  his  Kl-iiIi 

AtKiit".  y\y  iurd.  I  humbly 
judffioenl  uK'.iiii^t  Mr.  Fitzliarris,  ~ 
vicMd  of  High  treaaw 


to  the  king's  service,  that  SeDtencc  si 
liefore  1  liave  made  an  end  of  the  avidi 
have  given  in  against  iny  Iurd  Howard. 

L.  C.  J.  Mr.  Filfharria,  we  can  take  no  M- 
tice  of  any  thing  of  that  nature.  When  Jim 
ure  asked,  what  you  can  say  why  jndgmM 
xbould  not  pais  against  you,  itii,  what  li^ 
malteryou  hate,  what  matter  in  law  to  exCMi 
yourself  trom  that  judgment?  Furtfaiaia  at- 
thiuff,  the  saying  you  are  to  givo  «vidcM>  j 
we  know  nothing  of  that,  it  will  n«t  Mq 
jiidgmeul  a  iniuute.  And  Ibr  what  y«a  Mj,  t 
will  be  iirqudicial  to  the  king'aaervioe,itiBtbi 
kingthatprays judgment  againat  you  bj  bii 
atlnrney. 

t'ltth.  Ib^theking's  mercy  for  tfaoipd- 
tation,  my  loi3. 

L.  C.  J.  We  can  do  nothing  in  thai. 

Fiiih.  Nor  to  gite  me  time  beibre  my  h» 

Cion  ?  1  can  say  no  more,  my  bird. 

X.  C.  J.    Look  you,  Mr.  Fitshairia,  ym 

ive  been  here  indicted  Ibr  a   lery  gnat  aH 

'inous  trpaxon,  a  trtsihon  that  is  in  truth  a 

e  first  magnitude;  Ibr  it  is  a  treaniD  tba 

lends  to  ihc  ruuling  tip  titc  whule  gov^niM 

iif  this  kingdom,  and  the  dettroyinc  ol  ua  all 

pUiiilv,  l>uth  of  the  king  aiHl  of  atl^ii  lulgMtl 

It  (Iocs  uot  only  destroy  the  peace  and  ^uial 

hut  ii  iinils  in  inith  to  tlie  utter  deattuetiM a 

the  whole  kingdom,  and  to  bring  us  inta  I 

confusion  and  (us»rdcr,  never  to  be  avnidad  M 

retrieved,  if  your  designs  shoi^d  have  lata 

tUt.'ct.     You  hate  been   here  utaigiwd,  an 

put  yourself  uiHin  the  country,  and  tliey  ban 

luuiid  you  guiltv  of  this  treason :  it  ia  a  thiq 

you  sliuulJ  well  constdtT  ;  for  certainly,  ysi 


euulc  tu  a  rebellion,  andi 
,  tliut  would   have  nnf 


>lj'   I*™*'  i 
,  who  IS  ( 


de^irui^iion  of  ibe  king,  and  in  such  a  way,  a 
ruukt  have  in  truth  destroyed  all  lui  ---'—'- 
jecl.s  togi'tbtr  with  ll 

popular  iiisum 

away  oil  like  a  deluge,  it'  it  had  ti 
In  triilh,  it  is  a  treason  against  all  maskiari 
the  stirring  up  of  tlie  i)eupl«  is  ;  it  is  of  evila 
ample  to  all  mankind,  the  stirring  up  of  ill 
{leiiple  against  llicir  natural  lord,  to  wboB  * 
owe  nil  allegiance  anil  ulieilience.  Bnt  yM 
ilixign  in  ihianay  nas  by  setting  tite  pe«plci 
England  t<^;Mlier  by  the  cars,  to  bring  intb 
lloinan  t^atiiidic  rehgiun  upon  such  na  abail 
be  kell.  It  seems  you  are  an  liisb  papi^U 
sucked  in  very  ill  principkn  whara  loa  tan 
lived ;  and  you  have  ben  adcavound  tt  in  ■ 


STATE  TRIALS,  S3  Charles  11.  i68l.— ^duwrd  FitAmrrU. 


■neb  nnclucrin  this  lungdom,  by  that  trru- 
MoiUrbook,  u  liei  in  uiy  one  mui'a  (iDU'trr 
fo^afm  to  do.  It  ia  >  mercv  and  ■  happiiii-ss, 
th«  it  hatb  pleaird  Gud  in  liis  iiroTutenre  to 
Mirer  us  out  nf  your  hanilH  ;  for  tliis  itbs 
jDur  dea^^,  if  vou  could  luve  bruugUt  it 
ibaai :  bill  il  hath  plcn«cd  (ioA  nnw  to  briiiif 
inu  UtjtiwiBce  fat  it,  anil  the  jiidi|;mFiit  of  Uie 
taw  nud  psaa  upon  you.     Noiv  that  judf^mcut 

■  diM :  *  Vmi  miut  return  to  the  Tower,  from 

■  whmcc  you  raiue,  and  trom  tlicnce  you  must 

■  he  dna'D  tfaratif  b  the  itru-'tii  of  the  citv  of 
'Uwdoo   to    Ty bum ;    there    jou    (tuill    be 

*  Waged  by  tbe  neck,  but  cut  down  Iwfuiv  you 
■tic  dead;  your  bowetu  kball  be  tolu'n  out  and 
'  kual  befure  vour  tiice,  yoiir  licud  cut  off,  and 
'  yoor  body  dividetl  iolu  fonr  ijuartera,    to  tw 

■  Slewed  ma  aball  pbrdae  tb.-  kiii)f ;  unit  I  pray 

*  Gwl  U»  hate  mercy  i)|inn  your  wnil,  ti>  giie 

*  )0d  a  M!;ht  of  your  am,  and  rciieoiancc  tor 

FUiA.  My  loid,  I  liopc  I  may  hare  the  li- 
Wi^  of  my  wile  to  cuuk  t«  me,  aud  any 
bicad. 

L.C.J.   You  have  that  liberty  niready. 

Fiiik.  No,  Dut  niihuut  tbe  prewncc  of  a 
ndtr. 

I.C.J.  WewilluolrcstraiDtbomutotliat, 
lA  tfacB  eumc  to  you . 

Opuer.  Tbere  ii  no  rule  of  court  for  il,  mv 
M. 

L-  C.  J.  We  nill  tmt  restrain  any  thing  of 
nur  wife'a  coniiuc',  there  is  no  ruli;  (o  rcKtraiii 
Wi  tat  let  hiiubKvc  that  liberty  that  other 
liiMMn  in  hiacondiLon  usually  hare  bail  in 
ttaToiraTi  hia  Mife  to  come  to  him.  or  any 
*As  tricftd  or  I'mtestant  minister  whatsoever. 

(Vmt.  Pr«v  let  it  lie  put  into  the  rule  of 
C«Hl,Hy  lord. 

L.C.J.  We  make  no  rule,  there  don  noi 
wttimtj.     Look  you,  >Ir.  Filsharris,  we  Ist 
IT  other  friend". 


[39* 


hkif  jonrwi 


'^e^\ 


iuaiMjitau.  We  we  not  lodeliver  heroul 

JL  C  J.  No,  we  make  no  rule,  hut  tnke  oft' 
At  faaoda  of  the  Court  from  rcstniuing  any 
«M  Home  to  you. 

Ilea  the  priaoner  waa  t^ikcn  away,  and  in 
ivnance  uf  this  Sentence,  the  la^t  day  of  the 
■UTnniiy-tcnn,  being  the  ^>d  of  June,  liiRl, 
•nil  ismuhI  o  1  of  the  Court  of  KJDjr'ii-beiiL'h 
4nciad  to  ihe  Ueuleniint  of  the  Totrer  of 
MadoD,  reciting  the  judgiaent,  and  command' 
■Kkia  lodelitcrlhe  prumner  tii  the  aherifT  nl 
■GUItMi',  upon  Friday  the  linit  day  uf  July 
■BtfaUowing  to  beexcciilnl  accordiDgto  thi- 
■Hnee.  wEicb  writtoUuweth  iu  tlleM:w'o^tN- 
*  CwAb  HceuiMhia  Dei  f^tia  Angf.  Unit- 
•intaCL  ct  HibBn.  Hex,  tide!  delenwir.  \t; 
■*lAt>  Mdm.  TaniN  nuilni  Lnodon.  lalutem- 
.'ClH  ow  ia  Cur.  MMtia  ooram  nobji  consi' 
I  qiKid  Edwanlut  Fitxbarria  mipcr 


waniuni  t'lizharriHeidem  %ic 


Midd.  Gen.  pro  qnUnudaro  altt*  proditioDibiH 
undo  i|Ke  coram  iiobLi  indinlat.  egt,  at  aupor- 
inde  [ler  quandam  Juratam  HatritEinde  inter 
now  rt  prsitat.  Edwanium  capL  coDvict.  el 
attinct.  ciistit,  ac  Turr.  nostra  London,  per 
medium  Civitatis  nosirx-  London,  pniird.  wq  j 
ad  Fwciu  de  'I'ybomc  tnihatur,  et  ituper  Fur- 
cas  illua  ibiduui  su:j|iendatur,  et  nveiut  ad 
terrain  proiitcrnalur,  ac  inlcriura  sua  extrft 
ventrem  suum  capluntur,  ipsoque  Tivenle 
ooniburcntur  ;  £t  quod  Caput  ejus  amputetur, 

Suudq;  Corpus  ejui  iu  quatuor  partes  di*i- 
Btur,  et  quod  Caput  et  Uuaiter.  dl.  [lonantur 
ubi  iios  ea  assignure  Tuluerimui  r  ideo  tiU 
'  prrc-ipiinus  tiroiit.  injungend.  quod  die  Ve< 
'  iwriiiprimu  die  Juliiprox.  I'utur.  apudTow(r< 
"  :.  Miiid.  eon*eniaa,  etprvd.  Ed- 
'  Midd.  ddiba- 
de  m 

'  ill  tbrnia  pned.  lieu  fiwiat,  proul  inde  nqbM 
'  ruipdiidere  ruluvriii.  Teate  Francitco  Pmo- 
'  berton  apud   t^  estm.   xjdi  die  Juoii,  Anno 

■  llegni  uunlri  xsxiii.  *  fer  Cur.  AsTST.' 

And  auollier  wiil  at  tbe  same  time  wat  i«iwd 
out  ol'  tbe  Sctnio  <.'ourt,  directed  to  tlie  ahetriB 
of  Middlesex,  to  ru.'ei>e  the  priaoner  Irom  the 
heiilenaiit  iit  the  'I'ouer  at  Ibe  time  appvialed, 
uud  tu  esccutc  him  acconliiig  to  tbe  leiiic&oe. 
Wliich  writ  was  m  theae  worda  : 

'  Canlus  Sccundiiii  Dei  gratia  Ang].  Scot 
'  Franc,  et  Hibcni.  Kei,  bdei  Defenaor,  &c. 
'  Vie.  Miild.  aahitem.  Cum  nos  in  Cur.  noatn 
'  cu'amDobiiicoiuiideraverimiuquod£dwanlui 
'  Fitzliarris  miper  de  Parocbia  8.  Martini  in 
'  Campisin  Ci.m.  Midd.  Gen.  pro  qoibuiduii 

•  ahjs  proditiniiibus  unde  ijiae  coram  nolw  in- 
'  dictat.  es\,  et  supcrinde  per  quendun  Jur. 
'  I'airiie  inde  inter  noa  et  pnefaL  Edwardum 
'  c-apt.  convict,  et  attinct.  exiatit,  deTurr.  ikni> 
'  tra  Loudon,    ptr  medium   CiTitaXii   noatn 

•  London,  priral.  usqi  ad  Vatca*  de  lyboiIM 
>  trahatur,  et  niiper  Fuie^s  dlis  ibidem  ■tiapen- 
■datur,  et  viteos  ad  terram  proatenalur  U 
'  iutcriura  sua  cxIi'aTeDlteni  e^uum  cauantor, 
'  ipeai|;  vivcnle  comburcnliir ;  £t  ([uod  Capul 
'  qua  amputetur,  qtiodrj;  Coi-piu  eiiu  in  ^ua- 
'  luor  panes  diviilatur  et  Uuaiier.  ul  pooantui 
'  ubi  no!i  ea  amignare  votueriuiua  :    ideo  lifcg 

■  prurtiptmuafinmter  injungcu.  quod  cum  Loc, 
'  tenen.  Turr.  iiusli-te  London.  prJ'd.  die  Ve- 

■  ntrisjirimodie  Jidii|>nM:.  futur,  apud  Tower- 

■  llill  GOnvenuiis  et   ipaum   EdHardum  FitX- 

■  liarria  de  prietiil.  Loit.  tctiuii.  recipian,  etBx 

■  ec'utionem  du  e»  in  forma  iituil.  laciispnmi 
'  ilucel.  Teste  Francisco  Veniberton  mpai 
'  Weslm.  xxii  die  Junn  Anno  Kegui  tUMtr 
'  .'-•  .iii.  Per.  Cur.  Ai[tbv.' 

July  1,  Eriwan 
■Gale  un  Tower 
Hill,  deliterul  uito  the  cuitudy  of  the  aheriS 
ul'l«D<|i>naiid  iMiildlciiei.iiz.  Hlingi^liy  Uethe 
and  Henry  Cornitih,  esijuirvH  ;  »hu  upoa  ihi 
pLHi'«  Mitjiieil  a  d]'><:liarge  fur  hiis  lu  ihc  NBUt» 
nant  ol  the  Tower.  'I'hcn  li>:  waa  [lut  oB  I 
idedge,  and  liwiMX  «oa*«yed  lliruugh  llw  cit] 


<95]  STATE  TRIALS,  33  Cr akl&b  II.  l€si.,~J»nemSaga  agaimil 

•fldodMi  to  Newgate,  where  he  overtook  Oliver 
nanket,  who  wma  just  before  on  Bnother  ilalge, 
psMiiig  to  the  BBme  place  of  execution. 

Where  beii^  come  (wno  after  Plunket'i  pri- 
rate  prayer*.  &c.)  Fitzhuria  aiiked  L-apt  Bich' 


ardaOD,  tVheihcr  the  sberifTB  had  a  warrant  for 


e,  which  the  Hherifls  readily  granted, 

and  called  for  him  to  go  to  liim  on  the  sledge  ; 
which  Ibe  doctor  lUil,  and  on  bis  knees  em- 
braced biiQ,  aod  continued  a  pri?ate  discourse 
with  him  lor  same  time. 

Sheriff  HeiM  asked  Hr.  Fitzhanis,  what 
bare  yon  to  say? 

-  Hr.  ¥'tili.  answered  the  DoctoroftheTower 
wMiht  aoiwer  tor  him,  he  having  lefl  Ilia  mind 
with  him. 

Mr.  HberifT  Beirnl.  You  wUt  do  well  to  dis- 
ttei^  yooi  conscienae. 

Fiti*.  I  have  left  it  all  with  the  Doctor  in 
Wiidng  under  my  band,  who  will  communicate 
it  with  witness,  to  the  world. 

Doctor  Martin,  ot' Wooditreet,  bein^  at  the 
MUM  tinw  in  the  preaencs  of  the  ihenllB,  de- 
tired  Hr.  ntEhsms  to  declare,  whether  he 
4M  a  PWteUant  or  a  Papirt.  He  answered, 
kaving  left  his  mind  tiiUy  with  Dr.  Hawkins, 
hehopeditmifhtbcsatiritaclorj'.  The  DixTtor 
replied,  it  would  be  more  salislactory  to  declare 
U^Mdt*  there,  and  that  it  was  no  shame  to  die  a 
Frottttant  To  which  Sir.  FltKharria  i-epUcd 
«  before. 

Ttieu  IKr-  Fit:liarr!t  said,  Good  Peopk,  lliis 
in&moui  kind  of  death  is  mui'h  more  irksnmc 
to  mo  than  death  itself:  tiucli  judgments  as 
thwe  my  sins  against  God  may  justly  bring 
ugoa  me,  and  I  do  most  humbly  submit  unto 
it.  But  as  to  tlie  critues  which  1  now  die  tor, 
Ital^God  to  witness,  I  ivasno  further  coti- 
ceiued  in  the  Libel,  than  to  discover  to  the 
1(ing  what  practices  of  that  kind  were  against 
bira,  being  employed  to  that  end  ;  though 
tfaoM  that  eiii|jlDyed  mc,  refused  to  do  me 
justice  at  my  tnal.  And  1  call  God  to  witness, 
|1  never  hada  farthing  of  money  of  the  kioff  in 
my  lite,  but  on  the  account  of  the  like  service. 
4»d  as  to  the  wilnFsses  that  have  uwurn  a^iiiiit 
me,  1  do  here  suluiimly  ileclare  now  at  tny 
death,  tliat  I  have  not  swu  the  French  ambas- 
sador since  the  bcj^iuninj;  of  the  breaking  out 
of  the  Pint,  neither  have  I  hod  any  acquaint- 
ance witli  him.  And  as  to  hia  uunfessor,  J 
never  spoke  with  hiin  in  niy  life ;  neither  had  I 
any  dealing,  titber  directly,  or  indirectly,  in 
Wj  life  wiSi  ihein,  thou{{li  ^r  n  illiam  WhIUt 
and  the  i-eitsuorc  mobt  tiilsly  lotheront^irv. 
And  how  like  is  it  that  ibe  French  ambassador 
would  give  three  lliouwiid  crowns  for  writing 
■Utat  libel,  I  Imvc  the  wnrki  to  jndjre.  What  1 
imy  furtJier  dn^lure,  I  have  let\  with  Dr. 
BWwkinti.  I  torero  alt  the  worlil,  and  do  hoite 
VM*6od  will  fop'ivc  me.  I  beg  the  prayci-s 
4i  an  good  people  for  a  hapjiy  inieage  into 
tlWOtlMTWOrid. 

Ik.  ntafaanii  deaired  to  kn»w  of  the  sberiffii, 


whctfaerhisbodyinigliiiiat  beat  the  £MMd 
of  his  wife,  without  qnartcnng-.    Upoa  wUch 
the  wwTMt. 
after  which  he  was  executed. 


The  PAPER*  refcnvd  to  w 


r^hnra; 


a  themipoa  fb^d  Gtnhv,  mi 
«th{iBMed«iroe.     ItbeaMn- 


"  I  Edward  Fitahania,  haring  been  iii 

ofbiEh-treat—    <■ ■• :^—.-a- 

the  King',  D 

■entence  uT  death  {N  _      

said  Edward  Fitsharria  ds  voluntMily  mi 
freely,  without  any  hopes  to  «m  my  life,  bMI 
dying  man,  and  to  ditchaigc  my  rnnaiiif  I 
towards  God,  and  for  the  belter  wtitfciiiw  el 
the  world,  make  this  dedarUioB  rdkMraig',  ii 
the  presence  of  God,  and  unW  Ur.  Fkwjl 
Hawliin*,  chaplain  of  the  Ttnrer  of  Loadoo. 

'■  1  doprofeas  and  deelatamyreligimiBAc 
general  to  be  that  which  hath  been  iraly  mri 
ancieutly  delivered  in  the  first  four  feoiill 
councils ;  and  in  jiarticulor,  toy  bcSef  M  thri 
true  faith  of  a  ChriatiBQ,  brieSy  eontaiiNiii 
those  three  Cmeds,  commotdy  cdled  the  tKm^ 
lies  Creed,  8t.  Athanamus'a,  and  the  Hml 
Creeds ;  and  I  die  a  member,  and  in  the  ene- 
munion  of  Christ's  holy  Catholic  churok,  km- 
ing  for  mercy,  through  the  ahme  msilB  tt  m 
Passion  of  our  Lord  and  Savioor  Jena  CWA 

"  I  do  also  conleaa  and  dedaiv,  Mto  thi 
crimes  which  I  die  for,  1  was  no  faidMr  t^ 
oemed  in  the  libel,  than  aa  employed  to  gna 
the  king  notice  of  what  libels  or  ooter  aatm^ 
tions,  there  were  against  him  ;  and  to  tfaia  »■ 
tent,  and  uo other,  I  endcacoured  to  get  lUsli- 
bell  which  ul  lcn[,rth  I  did  from  Mr.  Kvfnri, 
all  written  nniler  bin  own  hand,  and  cwiied  it  la 
Mrs.  Wall,  by  whose  means  I  conveyed  sB 
matters  of  ihis,  or  tlie  liki'  nature,  to  tbekllf. 
1  told  lirr  I  had  n  businesg  of  great  consaqMnct 


"  *■  Thixl'aper  contains  mauj-uvlarioBiflfr 
silies,  which  were  inijiwaiible  to  be  true  ;  aid 
carries  with  it  gross  uiurks  of  artifice  and  oi^ 
trivaiice  praciisiil  on  him,  while  he.  was  s» 
tircly  under  the  manasfiniu-ntof  Dr.  Howldti, 
miniNler  of  the  Tmvci-,  who  hoou  alW  im 
made  Dean  of  ChicliiiNter.  Fitxharrts^s  «iia 
Wits  not  thini  admitted  to  hint ;  but  he  wrstl 
several  Ijelters  (o  her,  one  tiio  ver\'  manlf 
on  which  he  siilfered,  iutbnuin)^  bur,  howM 
was  practiced  ini  with  ho|H?3  of  life,  il  lie  wouU 
acciiwtheiiarlof'ShalUbury  and  lord  Howaid 
of thi!  libel  ;  he  de('lan.fl,  tfiol  they  were  hrno- 
cent,  and  that  uliat  he  had  deposed  against tke 
I*ai)i»ttt  was  true ;  he  cliaig«d  lier  by  no  nMSM 
to  W  |>rciailed  on  to  nrrtar  liiUly  agaiust  s>J. 
TheM-  I^eitei's  lind  Huch  a  tendi'nrj-  to  de^osf 
thecrcdit  of  liawkiiis's  I'aper,  that  the  CMrt 
got  her  V)  deliver  thorn  upon  ihc  pnnnise  of > 
[H.'nsion."     Note  to  fontier  i-dilion. 

This  Paper  n-as  |iaUi<ihid  timkr  the  titk  rf 
■  The  Cimfcssion  of  Eilirnrd  Fit/harris,  W^ 
'  Writti'n  with  his  own  hand,  and  deUvenJ  ■ 
'  Dr.  llawbiiLi  Minister  of  tlie  Tower,  Jul*  t) 
>  tOSl.  Ucing  the  day  of  hia  Uandfl 
•  London :  Fluted  tor  U.  Cair,  lUSl.' 


S97] 


STATE  TRIALS,  53ChablesIL  l6Sl. -^Edward  fiizfiorrii. 


i39S 


to  acquaint  the  Irinff  witli :  but  she  answered 
me.  That  my  lord^indcrland  being  out,  there 
would  he  no'money  had  for  secret  service,  and 
adviaed  me  to  gfo  to  the  lord  Clarendon  or  Hyde ; 
but  befHre  I  could  do  this,  I  tvas  taken.  As  for 
tliat  part  of  the  libel  which  I  left  with  Everard, 
as  a  pledge,  to  assure  him  I  would  not  betray 
him,  I  receiTed  it  of  the  lord  Howard :  and  the 
Bfmey  I  received  from  the  king,  was  tor  bring'- 
isf  a  libel  called,  "  The  King  unveileil,  and  the 
Lady  Portsmouth's  Articles/'  I  call  God  to 
vitness,  I  never  had  a  lartbiD«v-  charity  from  the 
kiofp. 

"  I  do  further  confess  ami  declare,  that  the 
M  Howard  told  me  of  a  design  to  seize  upon 
the  kin^s  person,  and  to  carry  him  into  the 
dty,  and  there  detain  him  till  he  had  condc- 
Jeended  to  their  desires.  Heyns  and  myself 
were  privy  to  this  design ,  and  had  several  meet- 
%^  with*  the  lord  Howard  ;  and  as  an  encou- 
ragement, tlie  lord  Hotvard  assured  us  of  lin*uk- 
ine  the  nettlement  of  Ireland,  taking  off  the 
additioDal  revenue  of  the  bishops,  forty-nine 
1MB,  and  grantees,  whose  estates  were*  to  be 
shared  amonfrst  the  part}'. 

*'  I  do  con^Ess  anu  declare,  That  while  I  was 
IB  Newgate,  the  sheriffs.  Bethel  and  Cornish, 
enae  to  me,  with  a  token  from  the  lord  Howard, 
vUdi  I  knew  to  be  true,  and  brought  heads 
widi  them  from  Everard,  wherein  he  accused 
me  ofheiniif  a  court  emissary,  or  Yorkist,  put 
Ml  by  die  king  to  put  the  liliel  into  Protestant 
houaea  to  trepan  them.  Hut  I  declare  upon  my 
death  I  had  no  such  intent,  nor  do  know  any 
Bwfa  thing.  The  sheriffs  likevi'ise  told  me,  1 
WIS  to  be  tried  vridiin  three  or  four  days,  that 
would  prosecute  me,  and  the  pariia- 
would  impeach  me,  and  that  nothing 

my  life  but  discovering  tlie  Popish 
Plot ;  aad  then  the  sheriff  afo/esaid  pive  me 
giwt  eacooragement  from  my  lord  iloward, 
tfatf  ft  I  wonld  declare  that  I  believed  so  much 
aftbe  Pbt  as  amounted  to  the  introducing  the 
R.  C.  or  if  I  oouM  find  out  any  that  couin  cri- 
nmnte  the  queen,  R.  H.  or  niak^  so  much  as  a 
aloiy  to  confirm  the  Plot,  that  the 

would  restore  me  to  my  father's 
^aith  the  profits  tliPreof,  since  his  ma- 
jestr'a  mtoration.  I  finding  myself  iu  the 
fnaJMon  I  wan,  in  Mewgute,  fettered,  money- 
Im  and  fUendless,  my  wife  ready  to  lie  m, 
wfiAfont  any  subsistence,  my  children  in  a  mi - 
■arable  oenoition,  and  must  neetls  be  in  a  worse 
W  nv  death,  and  I  ooidd  see  no  other  refuge 
m  Efe,  but  complying  with  them  ;  so  not  with 
anriiitkNM  intent,  Imt  to  save  my  life,  I  did  com- 
ply* The  sherim  brouglit  iustnictions,  which 
tbey  aaid  came  from  the  Lords  and  Commons 
who  met  that  day  in  order  to  address  tlie  king 
in  mv  bdialf  (if  I  should  confirm  the  instruc- 
tions) and  they  made  iLse  of  my  lord  Shafies- 
bnry'a  name,  and  others,  what  advantage  I 
mi^  have  thereby.  At  the  first  I  made  a  for- 
mal story  coDoemmg  tlie  Plot,  which  was  not 
pr^ndinal  to  any  M>dy,  but  most  relating  to 
Ccnpral  heads  known  itublicly ;  u|K>n  which 
Sir.  Corauhtold  me  thjose  rwe  things  cried 


about  the  streets  two  years  ago :  I  rejilied,  I- 
could  say  no  more.  Mr.  bheritf  said,  he  waa 
sorry  fur  me  with  all  liis  heart,  but  thought  1 
could  say  more  if  I  would,  aiitl  pressed  me  hnrd 
to  sp(-ak*  to  several  heails ;  uuto  wltich.  unlc^ 
I  spoke,  he  said,  thci-c^  wa<i  no  hope  of  life;  the 
heads  I  was  to  speak  to,  is  what  the  examina- 
tion takeu  by  sir  Hobert  Clayton,  and  sir 
Georve  Trcby  contains,  and  a  great  deal  moro' 
that  I  did  not  say  then,  relating  to  the  queeop 
R.  H.  earl  of  I^nby,  declaring  Frencli  pen- 
sioners, lord  Halifax,  Hyd«r,  Clarendon,  Fe- 
versham,  Seyroer,  and  otliers ;  the  burning 
the  Fleet,  F'orts  an<l  Governments  in  Popuh 
hands,  Meal-Tuh  Pk>t,  Prentices  Plot,  the 
Contrivance  of  the  Libel  on  the  lady  Ports- 
month,  being  a  French  design  to  destroy  Pro- 
testants. These  and  niany  other  heads  were 
brought  to  me  by  the  sheriffs. 

''  I  do  further  confess  and  declare,  that  sir 
Robert  Clayton,  and  sir  George  Treby,  coming 
to  ine  to  examine  me,  sir  Robert  Clayton  asked 
nui  what  I  could  say  concerning  Godfrey's 
murder  ?  I  answered  something.  He  refdied, 
It  may  be  I  was  in  a  confusion  ;  recollect  your- 
self. '  And  what  I  said  concerning  Father  Pa- 
trick, was  forced  out  of  me,  and  what  I  said 
conceniing  him  is  not  true.  Sir  George  Treby 
was  with  me  tinrce  hours,  or  thereabouts,  and 
pressed  me  to  say  sometliing  concerning  God- 
frey's death  :  and  said,  Unless  I  could  speak  to 
that  murder.  I  could  say  nothing ;  wliereupon 
I  said  something  I  had  from  others.  He  asKed 
me  if  1  coidd  sav  no  more  ?  I  replied,  is  not 
this  enough  to  save  m^'  life  ?  Am  not  I  rogue 
enough  P  The  Recorder  hereupon  swore, 
Zounds,  what  were  you  ever  but  a  rogue? 
Then  the  Recorder  entered  upon  the  heads  of 
the  examination ;  which  l»eing  done,  he  told 
me,  All  this  woidd  not  save  my  Ufe,  unless  I 
would  speak  to  the  liliel,  whii^li  was  a  court 
trick ;  and  it  was  not  for  nothing  tliat  I  have 
been  so  of^en  .seen  at  tlie  lady  Portsmouth's. 
Tlie  lorrl  Shaftesbury  said.  You  know  more  of 
these  matters  than  any  man.  Sir  George  would 
have  me  speak  to  the  consult ;  that  Uic  duke 
was  at  it,  the  lords  Bellasis,  Anmdel,  and 
Powis,  were  at  it ;  you  have  seen  them  go  to 
it  at  St.  James's,  without  doubt  they  were 
there  ;  do  you  but  say  it,  we  have  those  that 
will  swear  it. 

*'  1  do  further  declare  and  confess,  that  what 
I  said  against  the  queen  and  the  duke,  T  was 
put  upon,  in  the  matter  of  sir  Edmundbury 
Godfrey's  murder;  and  do  further  declare. 
That  what  1  swore  against  the  earl  of  Danby ; 
the  threatening  woi'ds  tluit  were  uttered,  I  did 
(to  the  hvt*i  of  my  remembrance)  hear,  but 
whom  they  omcemed  I  conkl  not  well  know, 
by  what  my  lord  himself  said.  And  what  de 
I^uistold  me  conceniing  my  loni  of  Danby,  I 
do  Itelieve  was  spoken  out  or  ill-will ;  and  whai 
1  said  against  him  was  to  stave  of[  my  trial  till 
a  parliament ;  and  tliey  were  the  more  desirous 
to  accuse  the  lord  Danby  of  Godfrey's  munler^ 
because  the  crime  of  murder  is  not'  inserted  in 
his  pardoBi     I  am  sorry  fbr  what  I  hare  aaid' 


399]         STATE  TRIALS,  33  ChableS  It  l6sl.'^ProeeediMg9  agdmi  [40( 


•gaiui  the  queen,  bui  royal  highness,  and  the 
eni  of  Danhy  ;  1  desire  God  to  forgive  me  the 
wrong  I  did  them,  and  do  heartily  beg  their 
pankm. 

<<  I  do  iVirther  declare  and  protest,  That  this 
oonfession  and  declaration  of  mine  I  own  sin- 
cerely, as  a  dving  man,  and  not  to  save  my 
life ;  and  I  call  God  and  his  angels  to  witness 
ihe  truth  of  it ;  and  I  renounce  mercy  at  the 
huids  of  God  Almighty,  if  this  be  not  true. 

**  And  I  do  further  declare  and  protest,  as  a 
dying  man,  unto  James  Walmesly,  £dward 
nctel,  and  Mary  Walmesly,  That  1  hare  made 
this  confession  and  dechuration  unto  Dt,  ITaw- 


kins  freely,  and  of  my  o^m  Toluntarj  aoooid, 
without  any  manner  of  promise  made,  or  hopa 
siven  me  by  him  from  the  king  of  saring  m^ 
Tiie  by  this  confession,  1  hanng  giren  him  to 
understand  beforehand  they  were  mattara  oi 
consequence,  and  such  as  cliiefly  conoemed  tin 
good  of  tlie  king  and  kingdom. 

''  I  give  tlic  doctor  my  hearty  thanks  Ar  aE 
his  prayers,  counsel,  and  cbaritabfe  offioea  hi 
bath  done  me,  ami  I  pray  God  to  Mesa  Um  fti 
ever  for  it.  I  foigive  all  the  world,  and  dcrin 
all  the  world  to  forgive  me;  and  the  Lord 
have  mercy  on  my  soul. 

'^  Ebward  FrrzHAmua.** 


jIn  the  same  Year,  1681,  a?idwc  may  suppose  slu^rtly,  after  the  Exe- 
cution of  Fitzharris  or  Fitz-IIarySj  the  following  Articles  were 
published:  viz. 

A  Narrative,  being  a  true  Relation  of  what  Discourse  passed 
between  Dr.  Hawkins  and  Edward  Fitzharvs,  esq.  late 
Prisoner  in  the  Tower;  with  the  Manner  of  taking  his  Com- 
FEssioN.  Published  b}^  Authority.  London:  Printed  for  &- 
muel  Carr,  1681. 

To  THE  READER.  from  his  own  tonprue  and  pen,  as  his  own  vofan* 

THERE  will  nee.1  do  other  apologj-  for  the  *^^  ^Ir"'^!?*  :TJ^  **.  induceiMrtrf 

«,K»ing  of  th€s«  Pa.«rB.  than  the*cimmand  "i^^  •'"^"X'  «>^  "'d'recUy.  *«  draw  rt  from 

and  warrant  of  tlK- following  Order  of  Council  ^^„,,  ^^  ,  ,,^^^               conscience  of  k«epii« 

tor  their  pnbhcauon :  ,„^,^.,j.  ^^^^^  ^^  „,^  ,^,,„,  i^  ^^^  ^^^ 

'  At  the  court  at  Whitehall,  this  2d  day  of  July    without  anv  injury  to  the  memory  of  the.  dead, 

*  1G81.    liy  the  kind's  most  excellent  ma-    so  1  have  done  alf  1  could,  nn  the* other  side,  to 

*  jesty,  and  the  Lords  of  his  majesty's  most   spare  tlie  name«  of  the  livin«^,  separating  the 


*  dcrcd  to  be  forthwith  nrmted  and  pubkshod.  v„^^.#:„«   i  «k«ii  i  «  ..^  i    #^  i-    i  _S 

*    1  .L       ■  I   r*     If      1  •  1    •     1  *     ««i,  iNnrrcitivc,  1  Huail  be  ready  to  discbanre  mTself 

«  And  the  said  Dr.  Ilawkuis  is  desire<l  to  take  ...,,„.„„'..    •    «i    *       v     i       i      •* \    ^^ 

■         "  4    I  ri  ^    -.     *  u  M>u  my  oath  in  that  particular  also,  whenefcr 

*  care  to  see  the  same  done :    And  hkcwise  to  ^'     -^ri  .     i      i- i    '^i     •*         .    ••    •■^•^'•' 
.            \    X         -.I       1      II-  u    I             .-  rwjuired  by  alawlul  autlioritv  so  lodo. 


cause  to  !>e  printed  and  publishc<l  a  narrdtivc        \  j  ^  j 

*  ot*what  roivimunientit»n  he  had  with  the  said    A  True  Relation  of  the  oecasion  of  Dr.  Haw- 


•  Fitzharris  upon  that  subject.     Phil.  Loyu.' 

Now,  as  T  dill  not  at  the  first  iutemicddle 
with  31  r.  Fitzharris  but  by  oi-der,  so  neither 
have  I  done  any  thinsf  in  tne  business  conceni- 
inf^him  without  a  suthcicnt  authority  for  what 
I  did.     And  it  will  ap(»car  likewise  that  I  have 


kin^^'s  ^oinif  to  Mr.  Fitzharris,  kte  piiw- 
iifT  in  the  Tower,  sentenced  to  die,  and 
since  exsculod  at  Tyburn  ;  of  the  "^-"^ 
uf  takini;  his  Confession,  and  of  all  thtt 
passed  between  Fitzharris  and  him. 

Upon  Friday  the  17  th  of  June,  about  Ibv 


Bary,  as  well  for  the  vindication  of  common  jus-  the  Txtv,  er  had  bel'oiv  iujomied  uie)  seemed  !• 
tice,  as  of  my  pai-ticular  duty .  be  distuiU  d  in  his  mind,  and  was  very  trouble- 
As  to  the  truth  of  what  i  now  deliver,  and  some  to  his  warders  and  those  about  nim.  At 
the  oonfessiriu  of  Mr.  Fitzharris,  formerly  pub-  I  entered  his  room,  he  saluted  me,  and  8aid«  I, 
lished,  1  do  solemnly  here  decUre  unto  the  was  welcome  to  a  poor  ])risoner,  and  if  I  wvdl 
world,  upon  the  word  of  a  minister  of  the  gositel,  come  and  see  him  now  and  then,  it  would  he  % 
that  i|is  a  candid  impartial  report  of  what  I  Lad  (jpreat  comfort  to  him  in  his  sad  condition,   fif^ 


401] 


STATO TRIALS,  S3Ci!ABLSS  11.  ] GSl.-^ Edward FitsharrU. 


[40i2 


^aid  I),  I  shall  be  ready  to  do  all  that  becomes 
me,  and  will  do  viu*ali  the  service   I  cau. 
Then  Mr.  Pitzliarrui  began  to  complain  uf  some 
liard  nsacre,  io  that  his  wife  and  friends  wore  not 
permitted  to  come  to  him  ;    wherens  it  was, 
(he  said)  the  only  favour  he  beg^red  uf  the  t*ourt 
lAer  sentence  was  passeii,  that  his  wife  and 
friends  mii^ht  ha%'e  liberty  to  see  him  ;    but, 
(said  he)   I  hear  my  wife  is  in  cubtotly,  and 
not  one  friend  of  miiie  can  come  near  me' :  this 
trenbles  me  extremely,  and  nialces  me  i*cstless 
is  my  mind,  and  so*  uneasy  to  my  keepers. 
ld«^red  him  to  have  patience,   and  said,   I 
durst  assure  him,  the  Lieutenant  of  ihe  Tower 
ironld  not  deny  him  any  favour  the  court  had 
granted  him.     Then  he*  desired  we  nii*>ht  be 
abne  ;  but  I  told  him,  f  had  oo  oitlcrs  to  be  in 
]rirate  with  him.      He  spoke  to  one  of  the 
wanfers  to  i^to  the  Lieutenant  of  the  Tower  to 
know  his  mind  in  it ;  and  the  ines-sen^r  return- 
prewntS'  with  leave  for  oh  to  be  as  private  as 
ire  woufd,  so  the  keepers  withdrew. 

Then    I  laid  before  liiui  the  dan<rer  of  his 
rendition,   and  the  indis|iensable  necessity  of 
doingf  all  that  lay  in  his  |iowcr  to  make*  his 
peace  with  Grod  ;  that  he  must  needs  dischargre 
ais  conscience,  and  ^ve  the  world  satisfaction 
before  he  died.     He  answered,  he  hail  already 
done  all  thsLt  he  could  ;  he  was  heaitily  sorry 
fnr  all   the  sins  he  had  committed,  and  he 
hoped  God  wonld  have  mercy  upon  him.     I 
told  him,  I    would  pi-ay  for  him,  and    was 
come  to  profer  him  my  assistance.  He  thanked 
me,  and  desired  me  to  assist  him  with  my  pray- 
ers.   Then  he  bepin  to  relate  how  he  came  to 
tan  into  that  great  misfortune  he  was  in  ;  he  I 
fold  me  how  he  had  lived  abroad,    and  his 
foTtnne  bein^  small,  after  his  retui-n  into  Cnir- 
land,  he  took  upon  him  an  employment  which 
(be  said)  was  much  agrainst  liis  inclinations, 
bat  be  must  do  something  to  live  ;  his  father 
lost  his  estate  in  Ireland,  which  was  the  ruin 
oftbeir  family ;  and  he  most  unfoHunatrly  took 
upon  him  to  find  out  libellcTs  against  the*  king, 
viiidi  led  him  into  the  company  of  ill  men,  and 
had  brought  him  to  that  condition.  Would  you 
(say  1)  hazanl  voiir  life,  only  to  live  ?  You  should  ! 
have  brought  down  your  mind  to  your  furtimc,  j 
iin'l  endeavoured  to  have  been  content  with  your  ; 
condition,     fv>r    nothing    runneth    gi'ntlemen  \ 
into  ill  courses  like  a   mind   niMive  their  con-  | 
condition.    I  need  not  ask  ycnir  religion,  I  sup- 
pose you  are  a  Papist,     ite  answered  ho  was 
brought  up   in  the  Roninn  Catholic  Religion, 
yet  never  had  a  s^ood  opinion  of  thf  Jesuits,  for 
ihev  are,  said  he)  an  ortler  of  men,  who,  for 
their  meddling  with  gnvcrnnicnt,  are  ill  thought 
of  in  all  parts  of  the  world.     Their  principles, 
(isid  I)  no  strangely  influence  their  minds  tu  be 
tampering  with  government ;  the  pope^s  su- 
pTpmacy  (of  which  they  are  the  great  upholders) 
Must  needs  interfere  \nt\\  tlie  power  of  the  civil 
magistrate ;  and  to  kee[i  up  the  authority  of 
their  church,  they  will  ever  be  lessoning*  the 
power  of  princcSfbut  while  they  so  contend  fur 
a  superiority  orer  kinsjfs,  they  bring  a  disparage- 
ment upon  their  religion  ;*  for  any  opmion  in  , 

VOL,  VIII,  *  I 


religion  that  encourages  the  subject  to  attempt 
agamst  his  priuce*s,  either  person  or  govern- 
ment, is  false  and  antiehristian.  He  went  on 
aiifl  said,  he  ever  held  the  bond  of  allegiance 
iddiiisoluble,  and  had  subscrit>ed  that  pOi>itioQ, 
that  no  |»ouer,  either  spiritual  oud  temporal, 
could  dispense  with  the  duty  of  allegiance.  I 
asked  him,  whether  ho  hud  cter  taken  the 
oaths ;  antl  he  answered,  he  quitted  a  lira  •• 
nant's  coinmission,  because  he  refuse  1  to  take 
them. 

Vet  (he  sai<l,)  he  was  in  a  good  measui-e  sa- 
tisfied, he  might  lawfully  take  them,  for  he  had 
the  opinion  of  some  learned  iRtn  about  them ; 
and  fiarticularlyofan  aoqiiaintanceof  his,  a  doc- 
tor of  Sorbon,  and  canon  of8t.  Uennets  in  Pa- 
ris, who  told  him,  the  oath  of  supremacy  might 
lawfidly  be  taken  by  all  the  catholic  subjects  of 
the  king  of  England  ;  it  was  no  more  than  what 
the  cathoUc  church  of  England  had  ilone,  before 
they  were  forbidden  by  ihe  pofie^s  order ;  which 
order,  being  but  a  private  (,rder  of  the  p<ipe's 
and  not  of  a  general  council,  was  not  according 
to  the  canon,  and  therefore  of  no  force. 

Why  did  you  not,  said   I,   take  the  oaths, 
seeingyou  was  so  well  satistie<I  alK)ut  them  ? 
He  replied,  it  was   the    test  that    went  more 
against  him  than  the  oaths  ;  beside,  1  was  ad- 
vised, said  he,  by  a  person  of  quality,  n  t  to 
take  the  oaths ;  and  he  gave  me  this  reason 
fur  his  advice  :  That    so    long   as    I  was  not 
ohlige<I  to  the  king  by  oath,  I  might  act  against 
him  with  the  more  freedom.     That,  said  I, 
was  a  special  friend  to  the    govenunent :  But 
you  say,  it  was  the  test  went  against  you.     He 
said,  he  would  not    be    com])eTled  by  an  act  of 
parliament  to  declare  his  opinion  of  the  Sacra- 
ment of  the  iHMly  and  blood  of  Christ.     Points 
in  religion,  he  naid,  were  not  to  be  determined 
in  paihament.     My  answer  to  this, .  \t as.  That 
when  the  hisho|»s    and  those  of  the  clergy  of 
the  convocation,    commandcMl    by  the  king'a 
writ,'  have  met,  and  consulted,  and  are  agreed 
in  a  point  in  religion,  it  is  atleru'ards  brought 
into  parliament  to  n;ceive  a  civil  sanction.     It 
I  couM,  said  he,  be  satistinl  about  the  i^eal  pre^ 
Kcnee,  1  could  cH)me  up  to  all  things  else  in  tlie 
church  of  Kniriand  ;  as  for  the  word  transub- 
stantiution,  1  do  confess,  1  never  understood  it. 
Sir,  said,  1  this  is  not  a  time  for  you  to  puzzle 
yourself  about  difiiculties  in  reliffion,  your  bu- 
siness is  rej>entani!e  ;  yet  for  your  better  sa- 
tisfaction. I  uill  turn  y<ui  to  a  short  answer  in 
our  chiu'ch  catet'hLsm  :    Where  the  question 
bou)^  asked,  What  is  the  inwanl  part,  or  thin^ 
signitied  by  the  outward  elements  ?  Answer  is 
made.  The  hotly  and   blood  of  Christ,  which  ia 
verily  and    indeed  taken  and  receive«l  by  the 
I'aitht  111.     Endeavour  to  understand  these  words 
in  their  proper  sense,  and  you  need  trouble  your- 
self no    further.     As   you   cannot,     without 
offering  violence  to  botli  your  reason  and  your 
senses,  believe  the  elements  upon  the  wonis  of 
consecration,  to  lie  turned  into  the  natural  body 
and  blootl  f>f  Christ.     So  not  to  believe  Chri^ 
to  be  pn-ent  in  that  Sacrament  in  a  moi*e  es* 
pecial  manner  tlum  many  do,  that  talk  of  syin- 
2D 


403]         STATE  TRIALS,  33  Charles 

bolBand  fij^uros,  naked  Glcmenti,  is  a  mean 
nfMOinu,  and  unuiiilliy  the  fp-eatest  mystery  in 
the  Chriiitian  reli^-ion':  The  body  ami  blood  of 
Christ  is  verily  and  huleed  taken  and  received 
hy  the  faithful.  You  and  I  will  not  dispiile 
tli4^  raoimc'r  ol'  it  at  this  time.  I  enquire  no 
fiirtfuT,  said  he,  I  will  receive  the  Sacrainent 
of  you  before  I  die,  and  tlie  Lord  fit  me  for  it. 
.4men  (said  1  ;)  and  cince  you  have  made  this 
resolution  of  yon r  own  accord,  you  must  tn^ 
me  leave  to  mind  you  of  it.  He  said,  there 
was  nothing  hindered  him  from  receiving,  but 
the  disluriiuiee  he  was  in,  for  the  absence  of 
hiai  wife  and  friends  ;  he  c«uld  give  no  direc- 
tions oonceminjj^  his  )M>or  wite  and  children, 
and  unlif  he  had  seen  his  wiie^  and  disposed  the 
atfiiiri  of  his  family,  and  thereb  v  settledhis  mind, 
lie  durat  not  receive.  I  told  &im,  he  mu.<rt  not 
discnmpose'liim.self ;  the  seeing;  his  wife  was 
not  his  great  concern,  he  most  prepare  to  die, 
and  if  hn  were  not  At  to  receive  the  sacrament, 
he  was  not  fit  to  die  :  Wherefore,  said  I,  yoti 
must  needs  lav  aside  all  thouj^hls  of  this  world, 
and  prepare  lor  another ;  yuu  must  examine 
yonrself,nnd  svt  your  sins  in  order,  and  lament 
the  follies  of  your  past  life  ;  the  work  you 
have  to  do  ii»  ^reat,  and  your  time  is  but  short, 
and  you  stand  upon  (he  \*ei'v  brink  of  eternity  ; 
sud  if  vou  ne<;!c«*t,  or  lie  nut  sincere  and 
hearty  in  what  yon  do  now,  yuu  iux*  lust  and 
undone  fw  ever .' 

lU're  Mr.  Fit/harris  l^epfan  to  he  wvy  mm  h 
movnl,  nndtVII  a  utvpini;,  and  said.  liV would 
deal  in<;tnihMisl\  w  itii  nu* ;  he  thniikiM  me  fur 
my  adnioniiioiLN.  ;iiitl  tUiliu;;:  uimiu  lii>  knees 
b«-£:y:**d«»f  nir  to  !««*.».•  h;:jj  ;  tor  he  was  rt'Miiitil, 
}w  Siiid.  toc'iv**  lUo  y\o':h\  sutistlutlun.  I  liJiod 
Mm  up,  i.;!.l  »'.>iir»\!  iain  ii»  kiep  hi <  chair. 
Sir  Taiiiid  hi  -  yu".  .r.v  a  ^  -i:ijci*  to  iiU\  and  to 
luykmnilcuiu"''.  »:'♦■>*'.'  ^•'**  >«»>•  l»cti>iv  in  all 
ivvlilV;  Vtl  i?K'  ^•.  •'.[  .  •!  •.liua  I  h,iVfof\oii, 
t'lAt  v«M  iU\:!  tUitlitiillv  hv  uu  .  *>!iail  .Miov  mc' 
to  sav  ihai  to  \  ..ii,  w  hich  I  ha\«.-  ri-fii^t*.!  to  s:u 
u>  others;  I  \iiU  tkciaiv  \v  \k\\  iM  \\iM  1 
know  of  publii'  uiatttrs.  ^Ir.  Ftt/Iiaii'Is,  siid  I, 
I  havciio  or.ki"*  to  l.«a."  m:i:  In  uiu>o  •.i::iiti.»rs  ; 
J  come  ro  you  a>  a  di^inr.  a^  a  :;ii;<!t  toNOw." 
soul,  to  help  ^••ur  ih'vo::*  .i>,  a:.J  i'»  iHMu:.U^!c 
your  re|v;if.tt;i\- ;  I  aiu  no:  a  lie  fH^rson  lovt  liom 
\ou  sbonWik\lare  \u;.rNclf  inthiujs  of  siaie  ; 
you  have  had  <.»r.iv»  uf  the  i:n*ati»!<i  iMiiuitrrs  of 
«Tait>  with  yoi!.  v.  iio  cuir.c  to  \  ou  oii  purposr*  in 
tiw^'tcynu  det'i^r**  _\0'.ir  mind  :  they  unv  liit' 
r.l!«>>i  perM.ir.$  vn  hoiu  v<>u  >lioiild  huvt  iiiuio  it ; 
rhc\  »vuM  ii-ivi  <ii*«^l  w»;i.  I  cuuitii .  I  \a:t 
•;.*o  vou  no  li"  «s  "f  lit"-,  wLate^ir  v/u  u*.- 
» lart- :  Let  ivio  iU'iii>»  >  »u  to  >ird  i.  r  lutiu 
a^aii?,  I  inil  1:0  u»  :i.*ni  tnMU  _\.«u.  uiui  ac- 
tju.^ia:  them,  ili;*!  \ou  rk»iro  ihey  wi  \y\A  como 
10  \  »u  "Huv  nHHTv,  au.l  w»u  »iU  >p«Fak  jonr 
mind  N*».  >.-.d  h«\  tlu\  .^iv  i:u~at  uxo.'aud 
I  i*ar%'  tv'*io>ivak  IkIvu-  liiem  :  b«>i\ic.  whAt 
1  $bj!t  iUx-Sar*.'.  ;"  ti.*  iho  lii^U.uvinar  it"  in\ 
i\«oSi*K'n<^*.  •^:«1  "oc  %>:ic  o*  Ik'^>  lo  «a%v  ivy 
htebv  il  ;  I  *'*^  «»**«  lylic»r  ihe  ki;-ar  ^»  U  V*^'- 
d*in  uic  ;  Aud  ih^'!^'  u^^irara^  ilui  K«4%«>  Uk«,>d 
given  uc  tVvBi  ecb«rr^  ^a>  v  lua^lt.  mt  oWf-Jiair  : 


A.  iGsi^ProaMigM  egdmH         [404 

I  have  been  made  believe  all  akmg  thtfl 
should  be  broug^ht  off;  but  I  tee,  wm  it  istas 
late,  that  I  have  been  deluded  ;  and  to  dcchn 
to  the  kin^r^i  mioisteiv  would  be  to  no  pwpose, 
I  shall  not  save  my  lite  by  it ;  yet,  if  yoa  will 
hear  me,  I  will  declare  the  truth,  and  you  flsay 
acquaint  the  king  with  it ;  for  they  are  tfaiBgi 
of  consequence,  and  such  as  concern  thegood 
of  tlie  king  and  kin^om.  WeH,  said  !» ifyoa 
are  resolved  to  declare,  I  am  obliged  10  hear 
you,  and  if  they  be  tiling  of  moment,  I  eta 
do  no  less  than  let  the  king,  or  some  lords  of 
tlie  privy  coimcil  know,  wlutyou  decbre  ;  hot 
as  fur  any  hopes  to  save  your  life,  I  can  give 
you  none  :  It  is  towards  eveniutf,  and  I  Ests 
neither  lien,  nor  ink,  nor  paper  ;  I  iriU  take  my 
leave  of^  you  for  to  ni^it,  and  will  be  with  yiat 
(God willing)  again  m  the  morning;  a  mi 
night  to  you,  and  I  pray  God  be  your  oonmt 
Saturday  June  the  18tli,  about  10  o'dodc 
in  tlie  morning,  I  went  up  to  31r.  Fitzbaiiit 
a^ain ;  and  atWr  some  discourse  conoenuBg 
hishonesof  a  better  life  after  death,  hebma 
to  declare,  limv  he  had  been  employed  to  niA 
out  libebi  and  things  of  that  nature  against  the 
king ;  as  you  have  it  in  his  confessioD ;  and  hs 
further  declared  how  Mr.  Everard  inethodiMd 
and  put  the  libel  for  which  he  auficred,  inli 
fonn.  and  writ  it  fair  ;  and  when  he  cane  IS 
Mr.  Everard  for  the  ttbcl,  he  scruided  driiw- 
iiii;  it,  unless  he  could  be  secured,  Mr.  FHi- 
hanis  wuukl  not  betray  him  *  80  Mr.  Flti- 
harris  lef\  |»art  of  the  libel  (mentioning  tliiis 
ciirhc  heads,   he   said,   ho  bad  of  ) 

witli  ]i\  eranl  as  a  pn\«  n  tor  bis  fidelity :  then 
I  IJ\vraril  tfa^o  him  tlio    HIkI.  perfected,  and 
:  fair  Mr.tton  with  liistivvii  hand ;  and  Fitzharril 
>aid.  Ik*  wotit  pn-siMitlx  lo  ctmrt  with  tl^  Ubd, 
hat  could  not  dehver  it  that  niifiit :  lu  the  wean 
:.iuv  sir  >V ill iam  Waller,  utio;^.i  Everard  lad 
m..:h-  privy  to  tho-sfcrti  of  tin*  libel,  with  sa 
iutcnr  to  di*;-v' iitT   Fit7.h;.ri-is.  ;3h.'s  loasecre- 
I  lary  «»f  stat»\  and  iuforir.s  a&rumst  liiiu,  as  the 
'  ai::Uor  of  tit..*  libi'l.  who  is  thi-reupun  ordered 
'  t:i  he  taki-:i  uit^>  ciisiody,  and  lieiiu^^  brouglit 
Iv't'iii'v  a  sf'.Tt'tary   i*t'  slate,    and   examined; 
atui-  >ioiiio  iiitt  ;rti-atiTii-<.  lit-  toi»k  .sir  Wilhaia 
^\  .:I!or  asidf.  iii  ibv  »ecre:arii.'S  4:ha.niber  and 
vt\d  him.  ti.a:  \l  lit*  di-<i>nicd  be  .*«houkl  accttw 

tiio li-.'   >.as  m-Miktu.  he  would  run  asv 

li;i^ard  Utiiro  l.*'  uoiili!  Uiniy  fri^-iul^iup.  Thtf 
1  tti«<k  ill  shon  mKt.-s.  as  \w  y\y>Uv  ir.  and  tbsn 
rt'fKuttd  it  t««  Ii;»i».  and  aAtd  luiu.  wlietlMfrl 
iiii'ltT^siMHl  liiin  ri^lit.  ;tttd  cbaiYt-d  him  tosajF 
lilt  ir:.th.  as  be  uuulu  a:  HH«r  it  tu  Ciud,  simI 
ho  ^Tottfsirti  ii  V -.ri  :.-ik,  aiitl  1  ha^eituadcr 
his  hanii.  \\\\.\i  iit'  vUcl.»r»-«l  iie\i,  was  the 
i^oitifn  fi»  s«  U%.  :h».  #a4i;r  :  vt"  this  b«-  s^keufkev, 
.fciid  salt!,  wl'tv.  i\u\  lilt  ;iart\  in  alwavscaB- 
t^\  thrill  hid  -Ai/wl  lur  kuii:/ihev  wiHJ^htfa 
.■inictxi  hai!  t-..  ,  al!  a  ^Kkrl:..ii:tri»t,  wbirh  shwU 
s.t  :iu!:i  ;he  bill  ^  t\  \iiit»iiw  a;r»u.n^  tiie  diAa 
%-a>  '^»a«ieu  :  .ill  c « .1  »A»un>»  i;«».'n  r^-mortd ;  sal 
«H:iof  ihit-oiiu-..*^' put  inu*  ^.Uivs  of  tnal| 
liu*  m.aL^  >«c:mu.  and  ih^   nj^t ^  p^j  ima 


|mt  iniogsii 
andalltff    ' 

Ktcdtrxd  10  th^ir  own  kkia^ ;   %n4  ^^  tfa*! 


i«a.-tU  ;  .-.U  ::r«\axKv»  rvdrt^»Mf.  andall  tfiM 


405] 


STATE  TRIALS,  33  Chaklbs  II.  iGSl^—Edwrnrd  Ktzharrh. 


[406 


^]|pi  succeeded,  he  said,  the  bishops  and  others 
ot  the  derey  would  have  suffered  Re\'erely. 
The  party  that  were  engap.il  in  thw  desiq^,  he 
said,  were  men  of  interest,  and  had  60,000 
men  at  command,  at  very  short  warnings :  He- 
mks  the  encouragement  mentioned  in  his  con- 
fession, he  told  me,  that  himself  was  to  have 
liad  a  company  of  fuot,  Ileyus  a  company, 
and  one  John  O'Neil  a  comjiany ;  and  a  person 
vbose  name  he  purposely  concealed,  was  to 
have  had  the  command  of  a  man  of  war.  This 
I  likewise  i^Tit  down,  and  repeated,  as  before ; 
ind  this  way  I  took  in  all  that  he  declared  unto 
me;  and  then  I  demanded  of  him  to  sptmk  as  a 
djiBg'  man  whether  this  that  he  had  declared, 
oonoeminc^  the  design  to  seize  the  kingf,  were 
trae^  and  lie  called  God  to  witness,  that  it  was 
erenr  word  true. 

Tnenhe  went  on,  and  declarerl  what  hap|>cn- 
od  to  him  while  he  was  in  New<<fate,  how  tlie 
Mcretarics  of  state  came  to  him  to  c.vaciiine 
him ;  and  how  he  was  carried  to  Whitchnll  to 
be  esEamined  before  the  kini^  alwut  the  KlicI  : 
He  told  me  like^vise  all  that  passi'd  hetweeii 

Mr. and  himself;  that  Mr. brouj^ht 

him  instructions,  first,  by  woni  of  mnnlli,  and 
ifterwards  in  viTitinj^f,  from  nerjoiis  \f  horn  he 
named ;  and  that  he  pressed  dim  Inrd  to  con- 
firm  the  iiMtructions :  he  said  moreover,  what 
eiioourag«ment  he  gave  him,  if  he  would  •  on- 
fiim  them ;  that  certain  lords  and  commoners, 
about  40  in  number,  met  that  day  at  a  eiub  in 
tliedty,  in  order  to  tlie  drawing^up  an  addA.'ss 
imto  the  kinj^  on  his  behalf;  and  that  they 
would  use  their  interest  when  the  pHdiameut 
sat,  to  get  him  restored  to  all  his  father's  es- 
tate m  Ireland,  with  the  profits  thereof  since 
Ini  aiqcity*8  restoration :  I,  said  he,  consider- 
ing the'  condition  I  was  in,  in  Newgate,  fettt^r- 
ed,  mcnejless  and  friendless,  and  covld  see  nr» 
refoge  m  life,  but  bv  complying  with  them, 
desrad  to  be  examined  again  by  the  secretaries 
of  state,  but  1  was  still  loath  to  say  any  thing 
that  might  be  prejudicial  to  any  man :  AiWr 
thifl^  he  was  examined  a  thini  time  by  the  se- 
cretaries of  state,  at  which  thinl  examination, 
he  nod,  he  spoke  several  things  which  he  bad 
from  others;  as  what  father  Cough,  father 
Pterey,  and  the  marnuis  Monticuculi  said. 
concerning  the  king's  being  to  be  destroyed, 
and  the  Roman  Catholic  religion  to  he  esta- 
blished in  England :  But  llie  nianjuis,  he  said, 
did  not  impose  any  oath  «)f  secrecy  upon  him, 
nor  did  he  engage  to  kill  the  lung ;  but  he 
spoke  very  unwortliily  of  the  king,  and  said, 
it  were  no  matter  if  the  king  were  made  off. 

Then  he  told  me,  how  Mr. came  to  him, 

with  a  token  from and  the  token  was 

thn,  Ten  Fitzharris,  that  J, to  Mr. 

spoded  a  certain  lord's  coinginto  the  withdraw- 
ing room  at  VVhitchall,  bv  saying,  he  spoke 
against  the  queen ;  I  forbear  to  mention  the 
Ifwd's  name,  out  of  respect  to  his  lordship. 
The  use  of  this  token  was  to  assure  Fitzharris, 

that and  Mr. were  acquainted,  and 

that  the  instmctieos  he  brought  him  came 
firom 


After  this,  he  declared,  how  sur 


came  lo  him  to  examine  him :  sir 


said,  did  not  stay  long;  he  only  asked  him  a 
few  questions,  and  bid  him  recollect  himself^ 

but  sir was  with  him  about  three  hours, 

and  was  earnest  with  him  to  speak  to  several 
heads,  chiefly  to  the  murder  of  sir  Edmund- 
bury  Godfrey  ;  and  when  he  came  to  that  of 

sir flWfsaring  at  him,  I  said,  surely  the 

woukl  not  swear :  But  he  answered,*  that 

he  did  swear  those  very  words  mentioned  in  his 
confession  ;  afirt  he  vowed  it  so  amazed  bim,  to 
lie  hecU>red  to  speak  against  his  conscience, 
that  he  wished  himself  dead  rather  than  live  to 
be  so  used.  When  I  had  taken  this  in  wilting, 
I  read  it  to  him,  and  he  affirmed  it  to  be  true, 
tailing  down  upon  his  knees,  and  wishiii;!- 
be  might  never  see  the  face  of  God,  if  all 
this  that  he  had  declared  to  me  were  nut 
true. 

He  declared  se\eral  times,  that  lie  was  sony 
with  all  his  heart  for  what  he  had  said  agnhist 
the  queen  and  the  duke,  and  swoni  against  the 
earl  of  Danby  ;  wliat  he  de|>osed  against  the 
earl  of  Danby!|  he  sai«l,  he  was  put  upon  it,  and 
it  was  punM)«ely  designed  to  stave  off  his  tiial 
nntil  a.pnihament;  and  he  desii^^d  ine  when  I 
saw  the  earl  of  Danby  next,  to  tcli  his  lordship, 
he  humbly  begged  his  lonUhip's  pardon  for  the 
wrong  he  had  done  hhu.  1  complied  at  the 
f\n\,  said  he,  with  tliem  iiierely  to  save  my 
life,  and  not  being  then  upon  my  oath,  1  did 
comply ;  but  withal  considered,  that  before 
they  could  make  use  of  me  as  a  w  itness,  they 
must  procure  my  hberty,  which  so  soon  as  tliey 
had  done,  I  w  as  resolved  to  ha\  e  made  my 
escape  beyoml  sea,  and  to  have  sent  over  a 
public  declarntion,  that  nil  tliat  1  had  declared 
m  that  evamination  (which  was  published  ai 
my  act,  when  nothing  was  more  against  my 
conscience)  was  pur|M>sely  to  save  my  life: 
And  he  skid,  he  would  have  retracted  publicly 
what  he  had  said  a^nst  the  queen,  imd  the 
duke,  and  swum  against  the  earl  of  Danby. 

Then  I  took  my  leave  of  him  tor  that  time ; 
and  the  same  day  June  tlie  18th,  I  went  to 
Windsor  to  acquaint  the  king  or  some  of  the 
lords  of  the  privy  council  with  what  Fitzharris 
had  di*clared  to  me ;  and  at  my  lord  Conway's 
Unlgings,  I  relateil  to  his  lordship,  to  my 
loni  Hyde,  to  3Ir.  Seymour,  ami  Mr.  Secretary 
Jenkins,  all  that  he  had  de<darcd  ;  aud  the  aeit 
day  June  the  19th,  1  rehile«l  the  same  agaui, 
to  the  king  :  lk*fore  I  was  dismissed,  1  huiu- 
hly  desired  directions  what  I  should  do  ;  Tbi> 
king  was  pleased  to  say,  he  would  give  no  di  - 
rectious  in  snrli  a  case ;  but  Mr.  Secretaries 
advised  me  to  assist  Mr.  Fitzliarris,  as  a  divine, 
antl  ii'  he  said  any  thing  more,  to  lake  notice 
of  it,  and  acquaint  them  with  it.  So  on  MoU" 
day  June  the  VOth  I  returned  lo  the  Tower, 
anil  as  soon  as  conveniently  1  could,  I  went  up 
to  Mr.  Fitzharris,  who  had  sent  for  me  often 
in  my  absence.  I  asked  him  how  he  did,  and 
prayed  God  be  his  couifort ;  and  gave  liim  an 
account  of  myjouniey  to  Windsor. 

Upon  Tuesday  the* 2 let  of  June,  in  the  af- 


407]         STATE  TIIIALS,  33  Charles  IT.  \€sl.'^Proeeeihg9&gMhui        [IM 


ternoon,  Fiizharris  writ  the  suY»stanc«  of  what 
lie  had  HecIarH  iiiitlcr  his  own  hand,  which 
acciflioncd  my  ^oinjj^  to  Windsor  a  second  time, 
to  dclher  that  paper  to  the  kin^^ ;  in  the  close 
of  that  writinof,  Fitxharrti^  beci^fed  mercy  of 
the  kin{(,  hut  withal  said,  >^  hile  ne  was  writinp^, 
that  he  did  not  <lu  it  with  lK)pcs  of  havins^  his 

fetition  granted,  for  he  was  sure,  he  said,  the 
in^  would  not  forgive  him,  vet  he  would  not 
omit  to  ask  pardon.  His  majesty  rejected  the 
petition ;  and  so  I  returned  June  the  SStI,  and 
let  Fitzharris  know  whut  I  had  done  in  this 
matter.  When  he  understcNKl  tlie  king's  an- 
nwn  to  his  petition,  lie  snid,  he  hoped  Cod 
would  forgive  nim  ;  Ciurs  will  be  done,  he  was 
not  afmiff  to  die. 

Then  we  discoursed  of  tliinsrs  of  another  na- 
ture, and  such  as  com  <  rnixl  his  soul,  and  ue 
wput  to  prayers  ;  and  fn»ni  day  to  day,  I  wa« 
with  liim  tu  ice  oi  thrice  in  u  day,  sometimes 
an  hour  and  Konictinu's  two  at  a  time,  and  some 
tlays,  I  sc^arce  went  from  him,  from  morning 
until  night.  In  his  repentance  he  was  free*  <ind 
open  hearted  to  tell  me  the  cins  of  his  consti- 
tution, and  such  as  liy  his  nature  h<*  was  most 
prone  to  ;  he  slietl  an  abnndance  of  (ears  daily ; 
end  in  his  de^  otions  he  wiis  very  earnest ;  \\p 
made  idten  (xinfessions  of  his  sins  to  CJod,  and 
was  CfMitinuaily  turning  the  penitential  Psnlms 
into  confessions.  There  was  one  thing  undone, 
and  which,  I  desired  by  all  m*'anK,  he  would 
do,  and  that  was  to  receive  the  sacrament ;  I 
frequently  minded  him  of  it,  and  he  \%-ould  say, 
there  was  notlrng  he  flesire<l  more,  but  he  must 
dispone  of  thf  husiness  of  his  family  lii'st ;  and 
ever  whrn  1  put  him  in  mind  «»f  receiving,  he 
inade  me  thi?"  an«Her ;  nnd  his  \\  ifi*  not  (V)ining 
to  biMJ,  but  once  (and  then  she  staifl  not  long, 
and  i*.  company  «»f  the  uardcr*<)  until  the  night 
hi'lon*  he  uas  excH-nte*!,  he  did  not  n'ccive  at 
nil ;  on  the  nioriiiiig  of  his  i  xccutioii,  li«*  sai«l, 
he  ho.M-d  fitwl  umijtl  accc»pt  the  wi'l  for  thr 
decjl,  t»»r  his  dcNJif  all  along  was  to  rtvci^e. 

One  day  as  we  iw  r*-  Mtting  ai.d  (ali-lng  to- 
C**ther  ot  tlic  mut  its  coiitaiiu'd  in  his  con- 
Ussifin  (f'»r  i:r  tali».  d  d»iily  of  iluin)  lie  desiivi 
mt'  to  afive  him  a  (le*  e  of  [lapor,  <>ii  uhirh  he 
urit  this  pussatrr.  That  iMptaii:  C'luvk  to|«l 
him  iH-fort'  l>r.   Hinr.it,  iliitt  luM^oiilii  a,  pear 

a  \«itncss  a'.Miiisi  h!iii.  on  the  U'liRJi'iif : 

that  ho  mltl  In  n  i:i  the  IkmI.  that  'lO  ronM  sa\ 
nothinsr  :t;^aruM  -  -  as  t.»  the  iki.  Init  coisM 
sutliciciiih  in  otlur  uiaircrs ;  I  ea?»iH.t.  fu-; 
h«\  charij*-  m\  nuiimn,  that  I  s;.i«I  micU*  a 
thinu  ;  h:it  Nnpjiosi'  I  il'nl,  |  <li  |  not  »'.« vira  to 
inipari  \v.\    intrd  t  >  hiin,  neither  t  id   I   uudrr- 

Maii.'  \\w  hUl  .11 .!  liii-  luads ga\e  ini\  to 

Ik*  1  10  siV:  •  llii<  g. 

I  pon  l'i::'a\  .hiiu*-.»i.  he  wassa\In'jr.  how 
the  tpu'i'n.  H.  II.  ainl  tin-  t;nlot  P  uih\  \*iu- 
thi'  pcitMiN  ilinllx  ai.iiui!  at;  anil,  sxid  In 
Mr  -  —  loM  ,nr.  ili.u  prin  i-  l>.»'.i  >KitM  IM'iti. 
a  prisoner  in  th«  rhoi.  u-'uh!  .ip;u:.r  a  ^\iino^s 
afpinist  th«  k'vXk*  vniM'n/havns  s.:'ul.  iIm!  in 
'His  kiuwh'iloe  llt\n.N  \»as  t.niijMrid  with  to 
vonie  ni  ai^'.n.ist  the  ipionu  the  duke,  and  the 
fnri  of  l>aidn       ^n.l  he  toKi  me,  \w\y  a  con- 


siderable  penMm  of  liis  acfjuaniteiuBe,  wbete 
name  he  mentioiied,  said  to  him,  I  prithee  Fitt- 
harris  find  me  out  men  that  will  ewear  the 
muitler  of  Godfrey  against  the  duke ;  and,  old 
he,  to  comply  .with  his  humour,  I  ammmd, 
there  are  men  if  there  were  money :  the  per- 
son replied,  find  uie  the  men,  ana  we  moncj 
shall  not  be  \mnting. 

And  at  another  time,  the  same  person  de- 
clared to  Fitzharris,  in  the  presence  of  two 
other  persons,  that  he  would  not  stay  a  fkj 
lonnper  in  England,  than  he  could  fire  a  piftsl 
at  the  dnkc,  if  lie  were  sure  the  duke  were  lo 
come  to  the  crrown.  This  Fitasharris  toU  nw 
the  same  day  June  ?4. 

lie  told  me  mort*o^er,  that  a  Paper  of  in- 
st'-ucLions  was  i>ut  into  his  pocket  inWcst- 
minster-hall,  wherein  he  was  bid  to  spcdt 
boldly  and  not  to  spare  the  greatest  (mfWfiay 
the  kmg)  if  he  were  present ;  and  if  he  did  not 
speak  agaimtt  the  queen,  K.  H.  the  lord  Vwirk 
and  his  lady,  lord  Arundel,  lord  BeHasis,  kid 
Peter.s  lord  Danby  and  the  lord  Pieteihoroagh, 
all  his  friends  would  forsake  him :  This  paAr, 
he  said;  was  under- writ  by  his  wife,  with  totte 
words :  My  dear,  these  instructions  come  (tasi 
your  solicitor :  and,  he  said,  he  believed^  tflitfjf 
arc  written  with  his  hand.  Upon  8andsf« 
June  26,  in  the  crenin^,  Mrs.  Fitzharris  MM 
her  maid  came  to  see  hun,  and  1  was  with  IwB 
at  the  same  time;  when  I  asked  Mil.  FMf- 
harris  where  that  paper  of  instmctions  imif 
And  she  told  me,  she  knew  where  the  MfCT 
was,  and  could  produce  it ;  1  desired  ncr  to 
take  care  the  paper  were  not  lost,  but  mig|fat 
U*  forthcoming  v\'hen  there  might  be  occasna 
for  it. 

Upon  Monday,  June  27th,  he  told  nie,tllit 
while  his  wife  was  with  him  oyernight,  shebsd 
wliispercHi  hhn,  how  a  ceiiain  person  (wIkw 
Tiame  he  gave  me)  had  bet^n  with  her,  ftoai  1 
great  lord  (whose  name  also  he  mentionedj  to 
dtslre  her,  to  persuadt*  him,  to  ^ay  noCung; 
wh'Mi  he  came  to  die,  and  thev  did  not  value 
u  hilt  he  had  said  to  me  else\«  here ;  and  if  ibe 
c-ould  persuade  him  not  to  declare  any  (luBff 

!  nyninst  them  when  he  came  to  be  execulw, 
they  (the  party}  had  prumistnl  to  continue  ibeff 
all(»>^anee  to  her  of  three  guineas  a  week,in4 
to  make  her  the  same  present  of  three  lioo- 
dri*d  guineas  (that  was  the  sum  he  meatiooed 
to  111^^  on  the  da\  of  his  execution,  whidi 
shoulfl  have  been  luaih'  hun  on  the  day  ot*  hjs 

j  trial,  hnd  he  l)»'cn   aequuiul.     3Ir.  f  itzhsiTS 

I  ilesi:e'l  me  to  aeipiaiiit  31  r.  Secretary  J enkiw 
uith  this,  uhich  1  did,  and  to  move  3lr.$ecie- 
t:ir\ ,  that  the  place  of  execution  might  be  ip- 

,  pi.i;:ted  snmiu iuTe  near  the  Tower, lur  he  W 

ImIi  w  '.'  I  Ml  ihto  the  hands  of  the  sherife,'"' 
^ixv\,  \\c  fearetl,  they  \^ould  endeavour  to  niite 
him  iii.>.t\  ail  tlui:~he  had  said  to  me ;  but  be 
'■■■oiiM  iiowr  i!u  it,  vet  he  did  not  care,  hetA 
'  lo  Iv  teijM^tctl  to  it  by  them. 

I  I  on  Wednesday,  Jnne2{>,  bc  desired  •• 
to  let  him  \«rite  a  letter  to  his  wU^,  whicb  V 
\i  ould  le:i\  e  with  me,  seeing  he  did  not  cij^ 
to  Mv  her  any  more ;  so  I  fiirniahed  him  '*^ 


409]         STATE TRtALS,  93  Cff aUBS  II.  l6B\. ^Edward Fiizkarris.         [410 


»  Aeet  of  mer«  and  he  writ  a  Vmg  letter  of 
Aecuom  to  his  wife,  how  he  wovrid  have  her 
diffwie  of  beraelf  and  her  chiMmi;  the  letter 
begiat  tbas :  My  dear,  faaring  no  hopes  to  aee 
rou,  wlttch  you  may  he  sore  makes  my  con- 
tfmoii  dntneted  enoiig:h,  I  submit  to  God  s 
w9l,  be  knows  what  is  best,  and  so  forth. 
the  middle  of  the  letter,  he  writes:  I 


tbOQglit  you  might  hare  obtained  that  my 
My  mignc  not  have  been  broken,  but  now  I 
have  DO  hopes  thereof.  And  in  a  Postscript, 
he  tells  her,  that  the  doctor,  nieaDing:  myself, 
mi  Wahnesley,  one  of  his  warders,  were  to 
f^  with  him  to  execution  ;  and  he  desires  her, 
OA  Is  let  his  poor  dear  motlier  knoiv  that  he 
one  to  Mich  an  infamous  end ;  and  he  begs 
kkteher's  and  his  mother's  Messinir.    This 


r,  1  desired  Mrs.  Fitxharris,  that  I  mijj^ht 
krcp  it  to  compare  hands  whh  his  confession, 
tf  iMPe  ahouM  be  occasion. 

Vpon  the  same  day,  June  29,  and  not  before, 
hi  wi^  his  hut  confession,  in  the  form  and 
vail  in  which  it  is  published ;  and  that  is  the 
ant,  whole,  and  only  confession,  written  with 
hn  ssm  hand,  that  he  left  with  me  at  his 
When  he  had  writ  it,  I  found  he  had 
nral  things  which  he  bad  before  de* 
me ;  1  wouhi  not  prompt  him,  nor 
I  aik  him  to  alter,  or  put  in  a  word  into 
At  vUc  oontession ;  he  would  ofken  say  to 
MV  his  confession  would  injure  his  poor  wife 
■i  chidren  ;  her  allowance,  he  said,  would 
k  ailfadrawn,  and  she  would  lose  those  who 
aas  BOW  her  best  friends. 

Ike  same  day,  in  the  evening,  he  sent  for 
ne,ahnosl  as  soon  as  I  was  ffime  from  him, 
■iwhen  I  came  to  him,  hui  business  was  to 
Idl  att,  he  heani  there  was  a  new  prisoner 
(•at  into  the  Tower,  whose  name  was  Rouse ; 
hraii,  he  did  not  know  the  man,  but  his  wife 
Utometiraessjpoke  of  him,  that  she  had  re- 
wsi  money  ot  him,  both  for  her  own,  and 
Arllcyns's  use. 

L'pon  Tliursday,  June  30,  I  was  with  him 
■oa  part  of  the  day,  uhivh  we  spent  in  pray- 
cii,  and  disicourMe  concerning  another  utkI  au 
Memsl  state  ;  in  the  evening  his  wife  and  bis 


came  to  him  fruui  Hampton  Court,  and 
teU  him  how  unsuccesslul  they  hail  been  in  all 
thtir  emh'H^'uurs  tu  save  his  life ;  the  ill  news 
him  wijcp  at  the  first  heanng,  iiut  he 
cleared  up  again,  and  said,  Cjod's  will  be 


Jaly  1.  Th»f  day  of  his  execution,  I  wns 
with  him  early,  and  we  went  to  prayers,  and 
hepraw<-<i  earucstly,  and  wept  extremely,  and 
wnir^ly  detrired  nie  to  tfive  him  the  absolution 
if ibe  Church  of  En^^au'),  which  I  did;  sml 
Arwards  we  talked  together,  of  the  manner 
if  bis  death;  1  enr'ouraotii  him  to  go  to  his 
ttBcnsJon,  both  like  a  man,  and  a  good  Chris- 
ila. 

Between  the  hour«  of  seven  and  eight  in  the 
1  paopo«<efl  to  him  the  signing  his 
k,and  said,  Mr.  Fitzhams,   wc   are 

la  can  in  witnesses  to  your  confession ; 

iM  it  ity  I  do  charge  you,  as  yuu  must 


suddenly  answer  it  to  God,  that  ^ron  tell  me 
whether  the  matters  in  your  confession  be  true, 
or  whether  you  have  indented  them  with  a  de- 

Xto  save  your  lite;  if  they  be  -things 
;h  you  have  thought  of  merely  to  save 
your  file ;  instead  of  calling  in  witnesses 
to  the  truth  of  your  confession,  1  desire  they 
may  be  called  in  to  hear  you  retract  it, 
and  do  you  declare  before  them,  that  what 
you  have  said  to  me,  and  with  which  I  have 
acquainted  the  king,  ^"ere  things  invented  to 
save  your  life ;  but  if  they  be  true,  then  let 
the  witnesses  hear  you  own  the  truth  of  them.* 
lie  ^^'ns  a  little  concerned  that  I  shoidd  question 
the  truth  of  what  he  had  declared,  and  said,  8ure 
you  do  not  take  me  for  so  great  a  villain,  that 
1  wonid  tell  lies  just  as  I  am  going  out  of  the 
world.  I  must  confess,  nature  doth  incline  me 
to  wiidi  I  might  have  Uved,  yet  whether  I  were 
to  live  or  die  it  is  all  one  ;  my  confession  is 
true  in  the  words  of  a  dying  man ;  and  this  1 
protest  in  the  presence  of  Almia^hty  God,  fall- 
mjT  uiK)n  his  knees.  Then  I  calleo  in  the  three 
wimesses,  which  attest  his  confession  ;  and  he 
proteaited  and  declared  before  them.  That  he 
nadmade  his  confession  freely,  without  any 

{promise  made,  or  ho|>e8  given  tiim  to  sare  his 
ife  ;  he  also  signed  his  confession  and  delivered 
it  to  me  as  his  act,  in  the  presence  of  the  said 
witnesses,  as  afqiears  by  their  oath  since  made 
before  the  lieutenant  of  the  Tower. 

'  Alemorandum,  that  the  1  ith  day  of  July, 

*  in  the  three  and  thirtieth  year  of  the  reign  of 
<  our  sovereign  lord  king  Charies  the  2nd,  6cc. 

*  1681.  James  Walmeslev,  and  £d\vanl  Pattle 

*  two  of  the  yeoman  wanf ers  of  his  majesty's 

*  Tower  of  London,  and  Mary  the  wif.r  of  the 

*  saiil  James  Walnicsley,  came  Iwlbre  me  Tho- 
*■  mas  Clicek,  esq.  Lieutenant  of  the  said 
'  Tower  of  London,  and  one  of  his  majesty's 

*  justices  of  the  peace  of  the  county  of  Midcflc- 
^  sex,  and  made  voluntary  oath,  as  followefh, 
'  viz.  'I  hat  Edward    Fitzharris,  esq.  late  pri- 

*  soner  in  the  .said  Tower,  on  Friday  ilie  first  of 

*  July  instant,  between  the  hours  of  seven  and 

*  eight  in  the  morning,  did  in  the  presen<'c  of 
'  those  defMinents  make;  this  protestation  follnw- 
'  ing.     I    Edward  Fitzhurns  do  dcckii-e  and 

*  protest  untu  James  ^\almesley,  Edward  Pattle, 

*  and  Mrs.  Mary,  that  I  have  mnde  this  my 
*■  confession  (holiling  it  in  his  hand)  unto  Dr. 

*  Hawkins  freely  and  of  iny  own  \oluutary 
'  accord,  without  any  pnnnise  made  or  hopes 

*  given  me  by  hiin  fnini  the  king,  of  saving  my 

*  life  by  this*  confession.     And  then  he  signed 

*  his  confession,  and  delivered  it  U)  the  saidDr. 
'  Hawkins,  as  his  own  act.    And  more  aay  nott 

•Tuo.  Cheek.* 
'  Memorandum,  That  the  day  and  year 
<  first  above  written,  the  said  James 

*  Walmeslcy,  Edward    l^ittlc,    and 

*  Mary   WTdmesley  took  the  afore- 
'  said  oath,  in  the  presence  of  us, 

'  T.  IIawley,0.  Rrtw)lds.* 
When  he  had  aiude  this  Declaration  and 
sigiuHl  his  Confession  liefore  these  witnesses,  he 
called  for  a  glass  of  wine,  and  draidc  one  glasi 


ill]         STATC  TRIALS,  33  Chaklks  II.  \6Sl^Praceedii^$  Mgsinti         [««. 


to  roe  and  to  the  witnesses,  and  said,  I  tbank 
you  for  all  your  kindness  ;  I  have  nothing 
more  to  do,  hut  to  die. 

About  half  an  hour  afler  came  his  wife  and  his 
maid,  and  he  told  them  he  had  bigned  his  con- 
fession, and  that  I  would  give  them  a  copy  of 
it,  if  they  desired  it.  His  wife  answered,  *  My 
dear,  what  shouldest  thou  trouble  thyself  about 
confessions,  thou  art  basely  betrayed  ;  thy  life 
is  taken  away  ;  I  haye  done  oil  that  I  could  to 
save  thy  life,  but  to  no  purpose.' 

Something  afler  nine  o'clock,  he  was  guarded 
out  of  the  Tower,  and  delivered  to  the  sheriflk 
of  London  and  Middlesex  at  the  liars  on  Tower- 
bill.  I  accompanied  him  thither,  and  offen^d 
to  go  with  him  on  the  sledce ;  he  said,  it  was 
enough  that  I  would  meetnim  at  the  place  of 
tzecution,  which  1  did  ;  and  when  he  called  for 
me,  I  stepped  on  the  sledge  to  him,  and  said 
«  prayer  tor  him  ;  then  we  went  up  intf>  tlie 
out  together,  where  he  knecle<l  down,  and  de- 
sired me  to  give  him  tlie  absolution  of  the 
-church  of  England. 

Then  the  shoTiiTs  spoke  to  him  to  decbure  his 
mind  before  he  died  ;  He  answered,  that  what 
he  had  to  say,  he  had  lef\  with  me  :  They  pres- 
sed him  agam  to  speak  there  at  his  death,  for 
they  knew  not,  tliey  said,  what  he  had  ief\  with 
me.  Then  he  began  to  say  how  be  bad  been 
employed  to  find  out  Uliels  against  the  king, 
and  was  at  a  stand,  and  referred  the  sheriff)  for 
the  rest,  to  what  be  had  lefl  with  me.  Tliis 
moved  the  sheriffs  a  third  time  to  desire  him  to 
speak  ;  Mr.  Fii/Jiarris  asked  me  whether  I 
had  bis  short  siieecli  about  me  .•*  1  produc^eil  the 
9|>wch  and  he  read  it,  and  gave  it  to  ini*  again  ; 
The  sheritls  said  the  speech  was  theirs,  it  be- 
longcHl  tei  i\wm  ;  1  ans\>pred,  Mr.  Fitzharrris 
had  i^iven  it  to  ine ;  and  he  seconded  nie,  and 
•aid.  lu'  bad  given  his  5|)c-cch  to  me,  and  they 
might  have  a  copy  of  it ;  which  they  luid  be*- 
fore  I  came  a>*a*v.     .Vud    because  Vit/hanis 


had  in  the  cVme  of  his  speech,  ixafwrcd  the  peo- 
ple to  something  more  which  he  had  left  with 
me ;  the  sherifu  were  earnest  to  know  what  it 
was  and  where  ?  I  told  them,  they  were  papers 
which  probably  were  not  in  my  power  to  pro- 
duce. I  had  them  not  about  me,  but  tney 
should  be  delivered  to  whom  they  did  properiy 
belong ;  and  for  that  Fitzharria  nad  mentioned 
his  Confession  lef\  uith  me  ;  and  I  baring  no* 
tier  before  of  the  design  to  stifle  his  oonfewoB 
by  his  not  owning  it  at  his  death,  denred  hoi 
to  declare  whetlier  all  that  he  had  left  with  me 
were  true  ?  The  sheriffs  fieeroed  to  be  much 
concerned,  that  I  should  put  this  queitioD  to 
Fitzharris,  and  said,  I  had  nothing  to  do  to  |iiit 
questions  there,  nor  should  I.  I  uived  again, 
shall  1  not  bid  the  dying  speak  tne  trvth  ? 
Mr.  Fitzharris  turned  to  me  and  said,  Yes,  it  it 
true.  Then  I  took  him  by  the  liand  and  reoom- 
mended  his  soul  to  God,  and  so  took  my  leave 
of  him  ;  I  went  down  from  the  cart  ana  stood 
close  by  it :  When  Mr.  Bethel  said,  Mr.  Fill- 
liaris  you  dcclannl  when  you  were  in  Newgate, 
that  you  knew  more  of  the  Pdpish-Pkit  thu 
any  man,  you  ought  to  say  what  yon  know  be- 
fore you  dSe.  He  referred  the  sheriff  to  whit 
he  had  led  wiUi  me.  Tlien  Mr.  Cornish  spoks 
to  him  and  said,  Mr.  Fitzharris,  if  yon.kDSV 
any  thing  tluit  may  save  innocent  bkiod,  ym 
ought  to  declare  it.  He  referred  Mr.  Cornnk 
likewise  to  what  he  had  left  with  me.  TWb 
Dr.  Martin  asked  him  if  he  died  a  Pkotestaal, 
and  bid  him  declare  his  religion.  He  reftnei 
the  doctor  also  to  what  he  had  left  with  me.  He 
asked  whether  his  ImmIv  were  to  bo  brakes. 
Mr.  Cornish  read  the*  warrant.  Mr.  Fitz- 
barris  desired  me  to  take  care  of  his  body ; 
1  answered  the  em]>loyment  uos  very  unbecom- 
ing me,  there  were  others  appointed  to  do  it 

lie  prayed to  continue  their  kindness  to 

his  poor  wife  and  children  ;  his  last  words  were^ 
1  desire  your  prayers  for  aii  happy  passage. 


Truth  Vim>uatki>  :  or  a  Detection  of  tlie  Asporiions  and  Scandals 
cast  upon  Sir  Kobert  Clayton  anil  Sir  George  Trcby,  Justices: 
and  Slini»:sln'  Uethell  and"^  Henry  Cornish,  esqrs.  Sheriffs  of  the 
City  ot'  London,  in  a  Paper  ])ubiished  in  th.e  Name  of  Dr. 
Francis  IJawkins,  Minister  of  the  Tower,  intituled  '  The  Con- 
'  fession  of  Edward  Fitzharris,  esq.'  &c.  'J  he  Copy  of  which 
Paper  is  herewith  printed  for  the  Reader's  clearer  Judgment  in 
the  Case.     J-ondon:  Printed  tor  Rich.  Rakhrin,   1()81. 

Wv  could  not  indeed  suddenly  resolre  wb** 
thcr  it  were  n(>edful  to  open  the  villany  of  tW 
pajK-T,  ill  regard  it  <*:irritni  in  its  ownfurrhewl'' 
many  e\ident  marks  (d*  malice  and  falsehoods 
every  nbsening  man  that  knows  what  kip" 
pencd  aliout  Fitzharris. 

But  having  heard  that  some  hare  bcta^S^ 
ceived  by  that  paper,  and  mdaccd  to.kdBi^ 
that  it  was  wiitlai  hy  FitalMnii»  i^.^ 


OUT  of  a  jus!  care  that  the  Protestant  Reli- 
gion and  interest  may  iMit  suIUt,  nor  our  own 
reputations  Ik*  hhistcMrir*  the  most  mlious  scan- 
dals eanselessly  rastupon  ns  in  the  exirrution  of 
our  several  officM-s,  mi*  are  eonstriiini*d  to  make 
known  unto  the  world  ihe  abominahle  falst.'- 
hoods  and  fictions  of  that  pretended  Confession 
of  Fitzharris,  published  by  Dr.  Francis  Haw- 
kins, minister  of  the  Toiru*. 


413] 


STATE  TRIALS  33  Chahlfs  II.  iGsi.—Edward  Fihharrh. 


[41 


fimn  Bome  compunction  of  conscience  ar  sense 
of  o)>Keation  to  reveal  the  truth  at  his  ileutb, 
wc  h<wl  it  cnir  duty  to  discover  the  J'opish 
practice  and  ontmance  in  thi*  Ibrmin!;  un«l 
{•uMiashiDg  that  pretenihnl  Confesbion. 

'Hie  poor  deluded,  timorous  wrctc'Ii  con- 

•radngf  perhapa  to  the  wickedness,  whilst  he 

was  [lersuaded  it  should  save  liiiu  t'roiii  the 

|[anoi*.s  though  he  was  conscious  to  hiiiLseU', 

that  the  iDattera  pretended  to  be  coniesscf  1  were 

aparorl  of  fklaeuoodai  invented  to  serve  base 

m^iu ;  the  whole  paper  having  no  face  or 

ifpttrance  of  a  during  criminal's  open-hearted 

ddmon  of  his  sins,  nor  any  expressions  of 

ream  of  Gonacience  for  them.      No  more 

MCieeia  taken  of  any  of  those  (too  well  known) 

Ateicheriea  and  wickedness  of  his  life,  tlian  if 

kt  bad  lived  like  a  saint  or  angel,  no  acknow- 

fejpnent  or  mention  is  made  of  those  odious 

ifpHled  penuries  to  tlie  secretaries  of  state,  to 

■r  Robert  (Jlayton,  &c.  and  to  tlie  judges  of 

tbe  Kin^a-Bench,  of  which  he  nmst  have 

kwmi  himself  to  be  guilty,  if  he  had  thought 

lUf  iRtended  Confession  to  be  true.    There  is 

BOlbvg  in  it  that  looks  phiin,  clear  and  natural, 

Mttnoosly  inteofled  to  discharge  his  consci- 

ONK,  md  satisfy  the  world  aliout  the  matters 

fciniuij  sworn  liy  him,  and  published  by  au- 

fciy.    If  any  Kuch  puriiose  had  been  really 

iilii  heart,  like  a  true  |)enitent  suuier,  he 

mm  aaturally  have  descended  to  the  particu- 

hn  of  what  he  had  swoni,  and  have  declared  to 

Ike  world,  whether  his  ghostly  fatlier.  Cough, 

M  really  tell  hiai  in  the  year  1672  (as  ho  had 

imtd)  *'  uf  the  Papists  designs  to  bring  the 

we  «f  York  tt>  lie  kin^-,  to  nvstorc  pc»per}% 

wk  if  killing  tlin  king  to  make  way  for  it." 

Hccadfl  not  but  liaie  confirmed  or  denied  the 

tnthof  hl«  oath.  That  his  other  ghostly  father 

hrrv,  (the  Portu«^i»'Mi  embassador's  <*onfLn«sor) 

Man  in  !67P>,  ■*  Tliut  a  council  of  Kouian 

Catholics  had  risulvcd,  that  s«-cing  the  king 

UnJ  in  the  expLct:iti<-ns  they  had  frti'ii  liirn, 

Ik  should  be  destmyeil,  and  that  the  busirR'aif; 

"amcsr.  and  he  slmuld  soua  set*  it  don**."     If 

hiicoiiM:iencr  had  lieeri  to  be  unbiin!f>ned  in 

ihb  ronfessiiJM,  lit;  caiid  not  have  I'otlturn  to 

•jrcUrarlv,  that   he  deposed  truly  c»r   fulsly, 

"*  Thai  the  niaif|uis  Mouiecuculi  in  1679,  Kv\,-i-e 

W  first  tii  s**i'ri'i'V,  aud  then  oilerrd  liiiu 

WttOL  to  kill  tlif  Uiiiif  eitUt'i'  in   his  own 

?»%Hi,  or  by  any  otlu.T.'' 

Aodifthis  pretfndctl  Confe-.sion  were  con- 
iriHitiouslv  taken  hy  Dr.  Hau  kins,  as  from  a 
fndi'ni  siuner  whom  he  al>soUed  Iroiii  his 
^  i\i  he  says)  he  could  not  l>c  so  negligent 
*rirai)rant  in'hls  priestly  o(ii(*e,  or  so  false  to 
'^liai^aail  ttit  religion  he  pnifL>sst*s,  as  not  to 
nkirt  the  sinner  when  he  sx^ined  to  retiitct 
|>bthe  had  sworn  before,  to  confess  the  trutii 
jtMltera  of  such  e<iiicern  to  the  life  of  the 
■il«aBdtlie  hein^i^of  the  Protestant  n^ligion, 
^Ihe  ppUic  justice  of  the  kingdom,  kno%\iug 
"^  '"  tCoafgMion  about  those  tilings  hud  bctn 
MJilhewboki  world. 

■heim  itself,  when  tluly  exa- 
"^'"".artificial  contrivance  to 


.«>% 


cover  the  Popish  treasons,  w  ithout  an  impu<leu 
dii-ect  forswearing  the  particulars  that  hav< 
been  evidcntlv  pi*oved,  and  a  design  by  cauivo 
cations  and  sfv  insinuations  mixed  with  down 
right  falshooils  and  firtioiis,  to  persuade  th( 
world  that  there  arc  amongst  the  Protestant 
abominable  i>racticcs  of  sulNjrnation  of  ^lerjuriai 
against  the  Papists,  wicketl  cons|iiraciesagains 
the  king,  queen  and  dnke  of  York,  and  vib 
designs  against  the  Ixirds  of  the  council.  ^\^ 
doubt  not  but  time  will  discover  how,  and  b^ 
whom  this  pretended  Conlession  mas  modeller 
and  nut  together,  and  how  long  it  wm  upon  tlu 
anvil  to  fasliion  it,  and  how  the  miserable  mat 
was  prevailed  U|x>u  to  give  a  M'eining  consen 
to  it,  against  the  dictates  of  his  conscience 
with  hopes  to  save  his  life  by  serving  such  de 
signs,  though  he  was  seeniingly  to  renouaci 
those  hopes,  to  make  himself  the  better  to  b< 
believed. 

For  the  urescnt,  let  it  suffice  that  we  anato 
mize  this  ^lock  Confession,  and  shew  its  sham» 
ful  falshood  out  of  its  own  matter  and  tbrm. 

It  is  to  Ixt  olist^rvcHl,  how  he  begins  his  Con- 
fession ;  not  like  a  man  that  had  before  con< 
fessed  upon  his  oath  many  Popish  treasons  am 
designs  agaiast  the  Pi-otestants,  their  religiui 
and  lives  ;  and  from  whom  (being  now  at- 
tainted of  treason)  was  to  lie  ex|iected  a  cleai 
account  of  all  the  Popish  intrigues  he  knew 
but  without  a|Kilog\'  or  preamble,  he  tells  thi 
worhl,  believe  it  who  can,  *'  Tliat  the  treason 
of  the  libel  whereof  he  was  convicted,  cam< 
from  a  I^testant,  viz.  the  lord  Howard ;  am 
that  he  M-as  no  further  concerned  in  it,  than  ai 
he  was  em  ployed  to  give  thu  king  notice  o: 
8U(*h  IWhAs,  wliich  lit'  was  wout  lo  do  by  Mrs 
Wall,  the  lady  P<irt.s:ns)nth's  wjman." 

Bat  the  conscieiu-c  lit'tliis  (Hior  wretch  couk 
not  but  witness  within  liiiu,  t!iat  \w  had  otlei 
protested  In-fore  (iod,  that  tlte  lord  Ifowan 
knew  nothing <if  the  iiU'l,  and  that  he  liod  Ut- 
terly complaineii  somctiuu'  to  sheriff  Cornish 
and  souic-tinic  to  shcrifT  lW>thel  in  Newgate 
tliLt  he  was  pressed  witii  the  powerful  argu- 
ment of  savnig  his  lifr,  to  accuse  my  kin 
Howard  and  my  lonl  of  Shaftesbury  of  tlu 
libel ;  and  that  he  was  so  iiniiortnned  thereunto 
that  lie  was  forc(*d  to  down  of  hi.<(  knees,  am 
t>eg  that  he  might  n(»t  be  further  presses 
therein,  the  lonl  Howard  being  innocent  of  it 
and  the  lonl  Shnftesbury  being  such  a  strange: 
to  bim,  as  he  hail  scarce  vwr  spoke  to  him 
adding  with  gn>at  asseverations,  that  if  it  wen 
to  save  his  life,  he  amid  not  Ih;  guilty  of  w 
base  a  villanv  ;  but  woiiM  rather  die  tlian  ac 
cusc  the  innocent.  What  large  otiers  wer 
al»o  maile  to  s«)me  of  his  friends,  to  i>€nvuad( 
liiin  to  accust>  the  lonl  Howard,  may  hereat\e 
be  proved.  He  also  knew  (as  many  thousand 
do)  tlnit  the  evidence  gi\eii  at  the  King's 
bench,  n|M)n  his  trial,  wjis  full  and  clear,  Tha 
he  provided  and  tiirniiheft  all  the  matter  of  tli 
liht'l,  and  «lictated  other  paits  of  it,  and  that  i 
was  di-a wn  into  form  at  his  requi*st,  and  fii 
him.  And  himself  confessed  he  shewinl  th 
papers  of  the  hbel  to  the  lord  Arran.     But  per 


415]         STATE  TRIALS,  33  Charles  II.  \6^\ .—ProcadmgM  againH        (4i(i 


ha|»  the  miserable  mari  wan  delufM  to  tliink 
his  life  might  be  saved,  by  accuKiugr  the  Pro- 
testaoti,  and  excusing  himiiclf  as  a  spy  upon 
than.  Therefore  he  next  proceeds  (in  his 
■ham  Confession)  to  a  Protestant  Plot,  riz. 
*■  Thai  the  lord  Howard  told  him  of  a  desi^ 
to  seize  npon  the  kiii^^s  person,  to  carry  him 
into  the  city,  and  there  detain  him  till  be  had 
«ond«wccnded  to  their  desires  ;  and  that  him- 
self and  Ueyns  were  privy  to  the  deniflpn." 

Here  is  a  wonderful  tale  of  a  Protestant 
Plot  between  two  Irish  papists  and  a  Protestant 
lord;  one  English  sheep  in  conjunction  with 
two  Irish  wolves,  to  hunt  and  pursue  the  same 
prey,  and  this  is  told,  to  be  believeil  anil  swal- 
Jowetl  like  the  articles  of  the  Popish  fiuth,  with- 
out chewing  or  asking  question  about  the  parti* 
cubu'S,  or  the  probubility  or  possibility  of  the 
thing. 

Doubtless,  if  those  words  have  any  sense  in 
them,  tiz.  *^  by  detaining  the  king*  until  ho 
hath  condescended  to  their  desires/' it  must  be 
meant,  until  he  liatli  passed  acts  of  parlia- 
ment, or  hiws  snitable  to  the  Protestant  desires. 

Hurely  the  inventer  of  this,  never  considered 
that  such  a  design  was  f>f  a  thing  impossible, 
unless  the  parliament  did  concur  and  act  in 
suoh  a  treason,  and  prepare  and  frame  their 
desires  into  bills  for  that  ptirpofK! ;  ainl  unless 
the  government,  and  also  tlie  force  of  the  city 
did  join  with  the  parliamoiit  to  detain  the  kini; 
in  custody  lor  tlie  same  cnHs ;  and  doubtless  it 
was  an  alMolute  impossibility  to  know  the  mind  | 
and  sense  of  a  {parliament  lieiore  it  had  a  behig ;  ; 
antl  another,  to  unilerstaiid  the  resolutions  of  ! 
the  vast  b<Hly  of  the  city  in  a  mutter  never  pro-  ] 
poiAided  to  any  of  their  assemblies.     Yet  this  . 
sham  Confession  hath  the  ronfulence  to  say, 
that  Heynes  and  Fitzharris  were  privy  to  this 
ilcsign,  and  hai]  several  meetings  with*  the  lord  , 
Howard,  and  partirularixeth  the  n'vocration  of  \ 
the  act  for  the  settlement  of  Ireland,  as  one  of 
the  acts  tluit  was  to  be  passeil  in  tlii:  execution  : 
of  this  design.  < 

Yet  there  is  no'hinsf  of  cirftiiinstancc,  or  ' 
particular,  pretendedly  (fiscovered  t<i  induce  th<* 
weakest  of  nicu  to  br.'licve  it.  If  this  oountei*-  • 
ft»it  confessor  wei-e  iiriv\  to  sncli  a  ri  :>»ii2'n.  and 
met  to  consult  ii.  he  must  cciluinly  have  known 
what  forces  were  th'>u!fht  of  to  master  the 
King's  Guards,  and  uiio  wus  to  conmiund 
them,  and  out  of  whiit  trround  tlu*]^'  wei*e  to  J 
sprin;^  up  in  a  nis^ht,  like  nuishrooms,  and  \ 
which  <»f  those  newl>«)rn  reQ:inients  were  to  ! 
carry  the  king  prisoner  to  London ;  he  must  | 
have  also  heanl  who  were  to  pro|»are  and  pre-  ; 
vuil  with  the  ni^mbiir.  of  pailiament  to  pursue  i 
this  desi^in.  Fit/Jiairis  and  Heyncs,  two  Irish  ! 
papists,  and  neitluT  of  quality,  piirts,  estates,  or  | 
interests,  were  tlouhtlcKs  well  chosen  instru-  i 
meuts,  to  apply  to  tht*  members  of  parliament,  ' 
to  revoke  the  seitlenieot  of  Ireland,  and  were 
likely  to  be  admittcHl  into  secrecy  with  them 
about  this  design  and  treason. 

We  ask  pardon  4 hat  we  cannot  speak  more 
gn\vly  of  thiis  matter,  this  feigned  discovery 
of  a  Protestant  Plot  being  mora  ridioulouatbatt 


the   birth   of  the  mountains ;    and  fbr  thai 
reason,  we  thiuk  it  needless  to  relate  the  fre- 

Suent  protestations  made  by  Fit/jMum,  that  hi 
new  nothing  of  any  de%ignof  the  lord  Hewaid 
against  the  kioff  or  gOTernment :  this  vcrj 
Confession  itself  whin  eacamined,  being  the 
clearest  evidence  of  its  ovn  wiekedneai  and 
foUy. 

Now  this  Mock  ConftasioD  haring  told  ibk 
vain  story  of  a  desiffn  aj^amstthe  Idng  by  thi 
Protestants,  he  applies  hmaelf  in  the  next  pan, 
by  false  insinuatioiis,  to  persoade  the -worn, 
in  effect,  that  there  was  no  Popish  Plet,  uid 
thai  the  Protestant  officers  and  magistratci 
liavc  wickedly  endeavoiued  to  subornlumy  ti 
make  a  Confesskm  that  might  confirm  a  VmUk 
Pkrt.  '^ 

He  declares,  that  in  Newgate,  the  thcrifb 
Bcthell  and  Cornish,  came  to  him  with  a  tolDea 
from  the  lent  Howard,  which  he  knew  te  k 
true,  aiul  told  him  nothing  would  save  hia  fifty 
bnt  discovering  the  Popish  Plot,  and  save  hki 
grreat  encourvzements  from  die  knrd  Howaiii 
that  if  he  would  declare  that  he  believiad  m 
much  of  the  Plot  as  amounted  to  the  introdne- 
ing  the  Roman  Catliolics,  or  if  he  woald  fill 
out  any  that  would  criminate  the  qocea,  iml 
liighnesB,  or  make  so  much  aa  a  plaiiialt 
storv  to  confirm  the  Plot,  that  the 
would  rertore  him  to  his  fiitlicr's 
the  profits  thereof  since  his  majesty 'a 
tiou. 

We  have  no  way  Icf^  us  in  nature  to 

the  faLshood  of  this  whole  story,  l>ut  hyctitntt 
stances,  or  ihc  testimony  of  such  as  werp  pre- 
sent when  the  sheritis  were  severally  wifii 
him,  or  their  own  averments  upcm  oath,  which 
they  are  ready  to  ^ive,  that  all  those  particB« 
lars  arefiilse  and  groundless  inventions. 

It  is  so  far  from  the  least  appearance  of 
truth,  that  the  sheriffs  went  to  him  with  a  token 
from  the  lord  Howaid,  that  they  will  se^enilly 
depose,  that  they  never  smw  or  tieani  from  the 
lord  Howard  in  any  kind,  vt  iiilst  Fitzharris  was 
iu  Newcfatf  ;  anif  capt.  itichardson  and  the 
keepers  can  witness  that  they  nrver  came  to- 
gether to  Fitzharris,  or  discoui'sed  him  toge- 
ther, or  were  in  Nr-wgate  at  the  same  time 
whilst  he  was  then*,  sa\c  ojily  that  sheriff 
Hethell  on  the  loth  of  Mai  oil  w'aj  rou.ing  ont 
from  Fitzharris,  wiicn  sir  H<rl>ert  (  S:tvtoiiaBd 
sir  (ieorjfo  Treby,  wiili  sheriff  CtHiii^h  wat 
coming  in  to  exaViiine  him  ;  but  slicriff  Betbd 
uKidi*  tiien  no  stay,  but  hit  thirn  forthwith; 
nor  did  he  ever  sie  Fitzharris  in  his  life,  uDll 
\^'ediiesdtty  the  0th  of  Man*h  last,  which  waf 
four  days  alter  he  had  made  his  first  c<inf(«rioa 
of  the  Popish  treasons  to  tlie  secretariei  of 
state,  the  same  in  substance  with  that,  priniBi 
by  order  of  the  Ominous  in  |iarliament ;  ni. 
sfieriff  Uethell  had  not  tbeu  come  to  L. 
harris,  if  he  bad  not  sent  to  him  the  dajf  hlf 
to  desire  to  s{>cak  with  him. 

Sheriff  Cornish  Ukewiie 
harris,  until  hkinday  the^i^ 
was  after  the  decTBl^f-' 
natiMi-  of  Uttr 


417]  STATE .nUALS,  33  Cuarles^I!.  leBl.'^Edward  Fitsharris.  [418 


riffii  to  have  hraught  hea<)s  with  thein  from 
Everard,  to  have  accused  Fitzharris  for  a 
Yorkist,  put  on  hy  the  kiiife^  to  put  the  libel  into 
Protestants^  houses  to  trepan  them ;  and  Fitz- 


mty  in  the  pmeaence  of  captain  Richardson, 
who  can  testify  the  fUaehood  of  those  sugi^es- 
tianB,  that  he  pretended  to  come  from  the  lord 
Howard  with  a  token,  &c.    And  can  prove 

that  ihrriff  ffyminh  chiefly  advised  him  to  make  .  harris  denies  that  be  knew  of  un^  such  thins^. 
IB  honest  true  oontenion  about  the  libel,  and  !  ^Ve  could  not  have  easily  thought  the  heart 
ib  aalbora  and  abettors ;  hnt  Fitaharris  of  his  '  of  any  man  so  rile,  to  have  formed  out  of  no- 
own  accord  and  motion,  tokl  him,  that  he  had  |  thin^  this  horrible  slander ;  but  the  wicked  in* 
kiown  the  proceedings  of  the  Popish  Plot  for  |  tent  herein  is  not  hard  to  be  disc^cnied. 
Kven  or  eight  vears,  and  that  he  could  make  i  If  the  kingp  can  be  induccnl  to  lHilie\e  it,  the 
and  considerabk!  discoveries,  wherein  IiLs    pfipish  ends  are  conipasstNl ;    he  must  needs  l>e 

highly  incensed  against  the  shcrifUi :    and  if  he 
should  think  (as  it  is  insinuated)  that  they  did 
it  by  i*onsf>nt  with  otlur  Protestants,  his  n»val 
_  _  heart  must  pass  se\  ere  censures  u|>nntlicui,  and 

CMfivy^a  morder,  not  yet  discovered.     Then  j  be  jealous  iifbase  desitrns  ntiainst  him.     And  if 
he  dmred  sheriff  Cornish  to  take  his  examina-  i  any  artilice  can  |)rc\  ail  upon  his  uiaU^tv  to  dis- 
«a,  who  told  him,  be  ooald  not,  for  he  was  '  trust  the  loyalty  of  any  numlier  of  nisl'rotcst- 
iatbecommissionofthepeacc:  then  Fitz-  |  ant  subjects,  it  is  nfattcr  of  triumph  to  the 
prajred  him  to  send  a  justice  of  the  peace  !  Popish  party  and  tlicir  adherents. 
.    .     1     .«.--.    .  ?_•    A'  -I  __.-.i      _   .-    .        Ihlier  wickcil  uses  of  this  sliinder,  might  be 

to  blunt  the  edge  of  the  evidence  given  ujwn 
Fitzharris's  trial,  alniut  a  tre|>anning  use  in- 
tended to  be  ma<le  of  tlieTibel,  and  to  make  the 
world  believe,  that  he  was  a  wn»tcheil  eoimter- 
feit,  when  he  desired  the  sheriffs,  as  they  came 
severally  to  him  (with  seeming unrightneiw  antl 
sincerity)  to  achise  my  lord  SnaitKhury,  and 


■yity'a  life  was  still  in  danger,  for  that  the 
inad  not  (so  be  called  it)  was  still  carrying 
ea.  And  ttirther  said,  that  he  could  discover 
thinga  about  the  Popish  Plot,  and 


.,  but  sheriff  Cornish  forthwith  applied 

to  his  majesty,  and  ac(|uainted  him 

with  ibe  diacourse  herein  relateil ;  and  there- 

wa,  Monday  March  the  7  th,  the  Secretaries 

m  BJneand  toe  kine's  Attorney,  came  and  cx- 

il  him  a  second  time,  and  the  next  day  a 

iMe,  before  sir  Robert  Clayton  and  sir 

CmgK  IVebv  ever  saw  his  face,  their  examt- 


-  if  hhn  being  taken  on  Thursday  March  other  members  of  parliament  fnun  Fit/harris 
llelOib  ;  so  that  neither  of  the  sherifrs,  or  the  himself,  to  take  IuhmI  to  their  pocket^,  for  that 
tiyJMtkii  ever  spake  wonl  in  private  with  there  was  a  design  to  slip  treasonable  papers 
RttMrrii  until  he  fiad  been  fully  examined  at '  iiitf»  them,  and  then  sei/e  tlieni,  whilst  tliey 
■* —  teteral  times  by  the  Secretaries  of  State,  :  ha<l  them  aliout  tli«*ir  jK'isons. 


The  next  business  of  the  .Mock  Confession  is, 

to  persuade  such  as  will  ha  deceive<1,  that  the 

eoiiftssions  he  made  about  the  Popish  Plots, 

and  Ciotlfi-ey's  nmrder,  were  alt<»g€tlier  false, 

the    mock  confession,  to  insinuate  |  and  forced  from  liini  by  the  sheriffs.      *'  i" 

flUy  to  the  world,  a  fHinsultatioti  and    (saith  the  Paper)  **  fuuling  uivself  in  Newgate, 

'  between  the  lord  Howard  and  the    fettei-ed,  nionevU'ss,  friemlli -^s,  ami  I  could  see 


them  sworn  to  the  substance  of  all 
U^Briated  examination. 

wcbope  from  these  matters  of  fact  which  are 
baeMy  related,  it  will  appear  to  be  a  wicked 


^■ftiBacy  li 

iMft  {jifuo    never  saw  nor  heard  from  his  |  no  other  refni^e  for  life,  but  cunipl\ing  uitli 
Aip  m  the  case)  to  subfim  Fitzharris  with  !  tln'iir'  (i.  e.  the  sht  riff's) ''  so  to  save  my  life  I 


r)  to  subfim  Fitzharris  with  !  tln'iir'  (i 
of  rewards,  mixed  with  threats,   to    did  comply." 


Ktlie  Popish  Plot,  or  to  put  him  upon  |      This  l(M)kssf>nietliini;  like  the  praetic*e  of  that 

■  any  :  infamous  Popish  mid\* lie,  Mrs.  Celier,  who  at- 


the  queen,  his  royal  highness,  or      ^  . 
■■  ctoe,  as  is  sugx^estetl.  "  |  tempted  to  coxen  the  world  into  a  belief,  That 

te  the  stnptd  tolly  of  this  false  tak*,  if  con- j  the  Protestants,  upon  false  acrusations,  east 
■JiRcd,  may  be  alone  sufficient  to  render  it  some  innoivnt  papists  into  Newfrate,  and  there 
why  of  no  credit,  in  that  it  makes  the  she-  ■  tormented  them  in  irons,  and  otlier^vise,  to  t\- 
lift  so  void  of  iinderstanding,  as  to  hate  tort  talse  confessions  fnmi  them  of  a  PujiLsh 
l^Mht  a  declaration  from  such  ^a  wretch  as  '  I'lot. 

Mttrris,  of  bis  belief  of  the  Popish  Plot  to  ,  But  Ujc  truth  will  be  att<?.<ted  by  many  "it- 
kvefcemofgn-at  value,  and  that  It  was  worth  ;  nessts,  that  Fitzharris  was  nenr  fittet-eil,  or 
t  birii  reward  for  him  to  have  invented  a  •  put  into  irr>ns,  or  hursbly  iiS4-<l  t%  iiilst  in  the 
(wUeiaoiy  ti»  confmn  the  Plot,  atler  the  .  sheriffs*  cuMo<ly ;  but  ontlu  r-nd-irv.  tieaied 
Jlaj  of  it  lia:h  lieen  deelaied  in  so  many  j  with  all  the  ei\iiily  hi**  ease  »vnul.'.  |m  ruiit,  :uid 
WMBtiomi  of  his  majesty's,  the  votes  of!  so  lie  declared  at  the  2r^lli'\«s  ;  and  timnla-d  ih*: 
jVnreeSMve  jiarliaments,  and  sentences  of  i  sheriffs  even  with  his  dMfi!r  IimhiIi,  vOseii  he 
JHgivca  afj^ainst  the  Popish  Plotters  in  all  '  oui^ht  to  lm\e expressed  jiiMinjli'j:n"ti"n  airala^t 
nilUH at  jadKatares  of  the  kingilom.  ;  them,  (iuid  a  dvin;;-,  reiH.iit:int  sinner  e-i  itd  nc.i 

'^  Vat  Dr.  Uawkbis  ctiuld  ha*e  had  farth  I  ha\e  f.uhorn  itj  if  he  had  lln'iii-iit  (■  ^  this  >hani 
aanchastory,  to  suffer  his  pretended    ennti-ssion  sav>)  that  th«-y  ha  !  lorco  •«.   j,,.!-, 
'*■  ^ did)  to  renomice  before  him,  all  i  snaded  him  to  defile  his  er)!i?.e:m«     -..ih   v> 
^Qm  Abnigfaty,  if  it  were  not  |  nianv  perjuries,  ami  to  Wot  the  n-inii-  ••!   h.s 

ifhos'tly  fathers,  and  whole  popi<li  p-    .  -  ?.'»d 
manv  in-eat  iiers'jns  with  >o  many  black  in'a*o:i'» 


para- 


{freat  p 
and  other  crimca* 
2£ 


419] 


OTATE  TRIALS,  S3  CHABLE8 


And  it  trill  be  as  evident  from  circumstances, 
that  there  was  no  more  force  put  upon  Fitzhar- 
ris^s  mind  by  the  sbcrifis,  to  procure  bis  con- 
fession, than  was  upon  his  b(Hly. 

The  sherifTs  jointly  (as  is  said  before)  never 
discoursed  him,  and  neither  of  them  took  any 
confession  upon  oatli  from  him,  or  pretended  to 
any  power  so  to  examine  him,  nor  had  it  in 
thoir  power  to  re^'aitl  or  punish  liim.  What- 
soever this  mock  confession  saith,  Fitzhanis 
couki  not  ihink  the  sheriffs  u  rcfu«;e  to  save  his 
life,  whom  he  knew  not  to  l:uve  power  to  save 
a  hair  of  his  head. 

There  is  another  invention  in  this  sham  con- 
fession as  false  and  as  ridiculous  as  any  of  the 
former,  never  dreamt  of  by  tht^  sheiifls,  nor  per- 
haps by  any  body  else,  save  the  inventors  of  it, 
till  that  vile  paper  came  foith,  \iz.  That  the 
sheriffs  brought  instruction  from  the  Lords  and 
Commons  (as  they  ssiid)  \^-ho  met  that  flny  in 
order  to  address  to  Uiu  kin^  in  his  behalf,  it  he 
should  confirm  the  instructions :  which  must 
be  inte-uded  surely,  if  he  should  swear  as  tliey 
would  have  himj^  tliat  is,  as  the  mock  confes- 
sion explains  it,  to  the  heads,  which  the  exa- 
mination taken  by  sir  UoIhtI  Clayton  and  sir 
Gcor^re  Treby  contains  ;  aiid  a  i^rcut  deal  more 
relating^  to  the  queen,  his  royal  hi<v1mess,  and 
the  carl  of  Danby  ;  declariii!^  Friiich  pension- 
ers, lords  Halifax,  Hyde,  Clai-endcm,  Fever- 
sham,  Seymor  and  others  ;  tlie  burning'  the 
Fleet,  Forts  and  Government  in  Popish  hands, 
Meal-Tub  Plot,  Apprentices  IMot,  and  these 
ami  many  other  bends  Fitr.liRiTis  is  made  to 
say,  were  bn-uglit  him  by  tlic  shcriirs. 

Siirt'ly  this  wsis  I'onti'ivcil  to  persiuule  the 
crtihilous  papists  in  foirijjii  t*;nmtrics,  that  the 
Loftlsand  Coriiintv:i:!f  were  liiiu  •^i^ti^»|;;•  iapar- 
liamout ;  and  tli:«t  the  sheiiiis  <  onyulted  nnil 
c(»nfedcratcd  wilhthcm  to  suborn  Fitzharris  to 
U.'  u  witness  of  tho  I'Opi^Ii  plots  and  pnicticc^, 
ivhicli  they  hatl  declared  to  the  world  ;  or  at 
Unst  thai  hvn.i  L.ordsaud  (-uininoiis  were  priry 
n.ul  purtifs  to  tho  ^;itt>ii!ation  <if  FJtzhums  by 
tli-.. « iK'i'i.'I'*:,  u>  5i\v<'ar  us  th(.v  should  instruct 
iiii!.:  r.ud  ihul  tlios.' I/Oitls  and  Commoners in- 
t»  aiN.il  \:t  u>c  tlieii"  i:\U-:\  m  ■.«  Iih  his  niajestv  for 
l.'..-,  y>ardon,  t«>  ui:ik(;  h.:o,  ihuuirli  false,  their 
h'gal  u  itiics." . 

Bui  as»  in  i  v\.\'*\l  t'  k  .x  Vi  i^a  no  pavliament  sit  - 
tin/  wliii'.4  rilzli -i:.?  v.iiS  !:i  ri.i'^Ijcrn's  cas- 
toiU",  n«»r  iij  tc  li  e-nx-.  iiirer.  iu;d  i.u' place  (»t' 
their  sittiiit;'  is  v. e!l  kuov  i,  v» i-.  t.>  ».:•  ;»t  Clxiurd. 
aiidnotut  liondoi: ;  >'.  llir.e  v. n%' no  in>.rriiv.- 
iiiiui>  for  him  to  ('•.niria.i,  or  sw^im*  tv.y  iiiiicr 
iioin  l/ords  or  CcikintCiU ..- .  kuwi  tf  tlic  ll^:l;(!^. 
iui  iitjound,  nor  any  o;h'  i-  -KgiiLfhtio  him  i>v 
ilie.  shtiitE},  or  ellhti'  of  ihcni  :  !.o  uddiesi  for 
his  jmrdon  iuiU4;i.*ic'd,  o:  tlioi.^]:*  4tf  by 
either  liOnls  or  Conuiior.- ,  ;.'i  irr.  ..tiiuud  bV 
111."  .«-herifls  «i-  either  <  :'  tii-  m  ;  ;;o  luf  «'tiuL''  ^oV 
any  surhinteiiU  uo  di>,('oui-.se  lKi\u.»^i,  tin-  sli*:"- 
ritfs  and  any  niai:  <.>.-  ku  n  uiuter  \Ui.'.  sun.  al»ouL 
>iich  an  ad<h'ess  :  rwi\  rirriinisiuiu'f  of  tiiis 
hclli^;!!  Udc  conlin^-  (.ui  of  tiie  for:^c  vi  tht:  fa- 
ther of  lies. 

Yetiiiiiuy  be  tiiiN  \«aN  tiioiight  unhopeful 


II.  l6Bl.^PnKeeii$ig$  ggami       [4S0 

invention  to  take  off  from  the  credit  of  all  tkt 
evidence  given  in  courts  of  justice,  ooDceraiiig 
all  the  popish  desijpns  enumerated  imder  those 
heads  and  instructKJOs  ;  and  indeed  it  seems  t» 
be  acrally  way,  to  throw  dirt  at  all  those  so- 
lemn declarations  made  in  pariiamrnt  conoem- 
inf^  the  abettors  of  tlKMO  popish  and  French 
designs,  and  the  adherents  to  them,  by  wImk 
countenance  all  their  plots  have  been  maniflcd, 
that  have  so  endangered  tlie  king  ami  kingimi. 
And  though  this  false  poisonous  tongue  seeai 
to  R\ui  its  venom  directly  at  the  sherUfs,  yet  M 
endeavours  to  do  the  greatest  mischief  to  ihi 
king  aud  the  parliameut,  and  to  defame  to  Ik 
whole  world  all  the  late  proceedings  of  nV" 
liaments  against  the  popish  plotters,  and  tM 
favourers.  , 

The  mock  confession  goes  on  further  to  de- 
fame (if  his  tougue  be  a  slander)  sir  Robol 
Clayton,  aud  sir  George  Treby,  justices  of  dv 
peace  for  the  city,  darkly  insinuating  that  ifaq 
would  have  induced  him  to  say  more  than  vn 
true,  and  plably  saying  that  what  he^  dcpHid 
before  tliem  concerning  Father  Patrick^  WM 
forced  out  of  him,  and  was  not  true  ;  and  hi 
so  repr(!sents  sir  George  Treby *b  canngs  ii 
taking  his  whole  examination,  that  hewioU 
have  the  whole  thought  to  be  of  uo  validity. 

But  doubtless  Mr.  Fitzliairis  did  not,  M 
could  he  possibly  have  believed  hiinaoif,if.ll 
consented  to  have  it  written,  that  sir  Rokorf 
Clayton,  and  sir  George  Treby  dealt  aoftM) 
with  him,  or  forced  out  of  him  eidicr  vhil 
he  swore  concerning  Father  Patrick,  or  aig 
thinjj  else  of  his  confession. 

Pic  knew  very   well  that  they  came  to  tdn 
his  confession,  not  ofheioiLsly,  but  uponhisowi 
eanu'st  reiterated  intn-aty,  at  several  times,  H 
each  of  the  sheriffs  apui-t,  that  some  justices  4 
the  peace  might  be  sent  to  him,  to  whom  k 
might  make  a  full  discovery  of  matins  not  be- 
fore discrovered  in  the  Grand  Popish  I^ot,  (as  hi 
called  it.)     He  knew  also  that  they  came  ail 
till  Thursday    in    the    afUrnoon,  the  lOCh  d 
March,  and  that  he  had  been  tin  ice  examioBd 
by  the  secret arit^s  of  state,  loitl  Conway,  sir  L 
Jenkins,  and  the  Attorney   General,  lieforefli 
Kobert  Cla\  Ion,  and  sir  George  l^'eby,  era 
saw  him  ;  an<l  Jie  was  conscious  to  nimedf 
that  he  had  first  suorn  belbre  the  secretaiiesiS 
that  he  w  ould  now  retract  concerning  Faihea 
i  Patrick,   as    forced  out  of  him  by  sir  lloba* 
'.  Clayton,  and  sir  George  Treby,  aiid  theuihe 
'  ii'.atUTs  also  in  sul>stance,  that  arc  contained  ii 
'  his  printed  cAamiuation,  by  sir  Uoltert  Chpom 
\  and  sir  (^'e^irge  "iVihy,  except  that  one  pasMS 
:  in  it  about  Dt*  I'tiv  ;  and   the  whole  Houiee 
-.  Connnons  ut  Oxtoid  are  \^itnesfk.*s  herein,  Tfap 
w  hen  sir  GiNii-jre  Trcbv  read  Fitzliam'^^t:  Kaku 
'  nnlioii  to  the  iloxtse,  ^Ir.  8ecretar}  Jcukina  ^ 
!  claied,  Tiiat  he  had  iKrfore  confeifseil  tbe^Ba 
.  in  substance  to  the  lord  Conway,  tht.'  .1 
General,    and    himself,    except  that 
L^i\.    Yet  for  uhat  reason  we  know  f 
('un*tri\  ers  of  this  sham 
ration,  took  no  care  to 
swearing  the  lanie  n 
1  ries  of  state. 


4S1] 


STATE  TRIALS,  33  Charles  II.  \6si. ^Edward  Fttzharfis. 


[422 


PcrhajpSy  hecaiue  tfaose  cxamiaatians  were 
nerer  pniited,  and  scarce  any  foreiji^er,  nor 
nany  Englislunen  did  know  that  ritzharris 
bad  thrice  sworn  to  the  same  coofeesion  in  sub- 
stance before  the  secretaries  of  state,  wliich  lie 
did  the  ttiurth  time  before  sir  Robert  CJuyton. 
md  sir  George  Treby. 

Besides,  it  best  answered  the  dcsipfn  of  this 
dhtin  oriufcssion,  to  conceal  the  first  ExAniina- 
feODB  as  much  as  could  be,  aii<]  to  i-epresciit  it  to 
tlw  world,  as  if  sir  Uobeit  i.-lqyton,  and  dr 
tieprge  Treby,  had  forced  out  of  'him  the  con- 
ienon  of  all  those  popish  treasons  mentioned  in 
Us  printed  examioatiou,  as  it  was  re])orted  to  the 
parfiameiU.  There  is  a  trial  of  skill  also  for 
the  same  purpose  in  this  mock  confession  to 
wrest  Sonne  of  sir  Robert  Clayton's,  and  sir 
Gesfge  Tireby's  words  from  their  honest  sense 
wboein  they  were  spoken,  and  to  separate 
them  fram  their  other  words,  pru|ierly  joined 
widi  them  (as  die  devil  uned  the  Scripture)  that 
tbey  might  ^eem  to  imply  a  wicked  intent,  to 
iam  Fitzharrifl  to  say  what  was  not  true. 

When  it  was  late  in  the  night,  and  Fitzharris 
complained  he  was  tired,  having  been  about 
three  hmm  upon  examination,  and  was  asked 
what  he  c»uld  say  concerning  Godfrey's  mur- 
der ;  and  he  answenxl  in  general  only  (some- 
lUiiff.)  Could  any  thing  be  replied  more  harm  - 
leny  W  sir  Robert  Clayton,  than  to  wish  him 
lireeodect  himself  against  the  next  day,  when 
it  was  intended  to  examine  him  further,  if  he 
had  not  been  removed  out  of  tlieir  power  ?  Yet 
em  these  words  of  sir  Robert  Clayton's  an> 
neited,  as  if  they  imphed  some  ill  practice  by 
banapoa  the  examinant,  or  at  least  sonftsi- 
wtBt  utent  of  liis  in  that  matter. 

TWiham  confi»aion  further  craftily  insi- 
naftea  (diough  it  doth  not  expressly  say  it), 
diat  tkb  wretched  man*s  depositions  about  the 
oouMb  held  at  St.  James's  and  Windsor  con- 
temng  Godfrey's  murder,  were  taken  by  sir 
fiabert  CSUjton,  and  cir  George  Trei)y  (which 
ii  Btteily  AJse) ;  then  the  confession  declares 
that  he  was  put  upon  what  he  said  against  the 
Queen  iand  the  earl  of  Danby  about  that  mur- 
ser;  and  that  sir  George  I'rehy  would  have 
had  him  say  that  tlie  duke,  the  lord  Bellasis, 
Anudel  and  Ponis,  were  at  the  consult,  and 
tint  he  had  seen  them  go  to  it  at  St  James's. 
Sorely  these  sham  confessions  arc  thus  metho- 
diied  and  put  together,  in  hope  to  abuse  or  de- 
eeive  the  world  mto  a  belief,  or  opinion,  that 
wbatsoever  this  Fitzharris  deposed  finit,  and 
lirt,  about  the  ijupish  plot,  and  Godfrey 's  mur- 
der was  done  by  tlie  practices,  iovce  and  in- 
daceinents  of  the  city  sherifls  and  the  justices 
flf  the  peace. 

Wliereas  it  is  most  notoriously  known,  that 
it  waa  upon  Fitzharris's  own  motion  to  the 


jndges  of  the  King's-bench,  tliat  his  depositions 
were  taken  before  that  court,  about  Godfrey's 
mnrder,  and  that  tlieu,  and  not  before,  he  i&s- 
covered  the  councils  held  at  St.  Jameses  and 
Windsor  about  Godfrey's  murder  and  the  per- 
sons concerned  and  present  therein  ;  and  the 
words  be  beard  irom  the  earl  of  Danby  coiiuog 


t 


out  from  the  considt,  and  the  account  he  then 
had  from  De  Fuy,  of  the  resolutions  taken  for 
that  luurdiT. 

And  this  was  in  the  term,  af^er  tliat  the  par- 
lianieiit  at  Oxfonl  was  dissolved,  ami  above  six 
weeks  ailtrr  his  most  dost'  inipiisoLiiientin  tlie 
Tower,  wh^re  the  city-sherills,  or  m»gist rates, 
or  any  from  them,  were  never  a<lmittcd  to  st-e 
him.  Indciid  the  counterfeit  confession  (to 
avoid  a  plain  conviction  of  its  falshood)  durst 
not  say  by  whom  Fitzhurris  was  put  ujM.»n  say- 
ing that  uei^lid,  of  the  queen  and  earl  of  Danby 
about  Godfrey's  nurdtr. 

But  as  the  matters  are  connected,  it  is  strong- 
ly ini|d:ed  tolmvebcru  by  the  city -mag  isti-ates, 
none  other  hf-mir  named  or  referred  unto. 

And  to  porsoaile  the  worid,  that  the  vilest 
wickedness  may  justly  be  beUeved  of  them 
(viz.)  thecity-oihcers,*thc  impudence  of  hell  is 
assumed  to  (iiing  in  KJr  Goorge  Treby,  desiring 
or  wiliinpf  hiin  to  nociisc  the  earl  of  Danby  and 
the  Popish  T^rds  in  the  Tower,  tlius  s]>eahing 
(as  if  the  worst  of  tlevils  had  sp<ike  in  liiin)  do 
but  you  say  it,  we  have  those  that  will  swear  it. 
li  such  as  know  not  sir  George  Treliy  can  be- 
lieve him  to  be  so  vile  a  wretch,  as  ue  is  ren- 
dered, and  could  also  think  sir  KolMTt  C1a\ton 
could  have  Ijeen  guilty  of  the  s:ime  wickemiess 
in  consenting  to  it,  or  silently  conniving  at  it, 
to  which  a  thousand  worlds  could  noi  have 
hireil  him :  yet  wlien  they  shall  heair  of  sir 
George  Titjfiy's  pnd'ossiou  of  the  law,  his  re- 
putation and  place,  surely  it  is  im]K)s'.sibie  for 
them  to  believe  him  to  have  been  so  r  xcvcding 
silly,  as  to  discover  to  an  Irish  Papist,  whom 
he  had  never  seen  before,  such  a  sli-ansre  mys- 
tery and  seen  t  of  darkness  amongst  tlie  l*ro- 
testants,  and  city- magistrates,  viz.  Tliat  they 
had  a  pack  of  kni^^hts  of  the  post,  godless  ^ler- 
jurous  wretches,  in  readiness  to  swear  what- 
soever they  woukl  have  tlieiii. 

If  they  "had  been  so  provided  with  false  wit- 
nesses against  the  duke  and  the  Popish  LordS| 
as  this  counterfeit  confession  su^ests,  and  if 
there  had  been  a  wicked  design  against  them, 
thero  was  no  need  of  Fitzharris  his  saving  any 
thing  about  tbem ;  no  body  can  think  that  he 
was  better  able  than  sir  Cj'eorge  Treby  to  in- 
struct a  faUe  witness  acainst  them,  es[)ecially 
when  the  sham-coufbssion  represents  him'  first 
instructing  Fitzharris,  what  he  should  say 
against  the  duke  and  l^rds,  that  then  the  son» 
of  Belial  might  come  from  their  lurking-p1ai;es, 
and  SH'ear  to  his  woitls. 

Surely  it  had  been  tlie  wiser,  the  safer,'  and 
the  shorter  way  for  sir  Geoige  Treby,  to 
have  given  his  swearers  (if  there  had  been  such) 
their  lessons  immediately,  without  desiring 
Fitzharris  (as  is  vainly  suggestcnJ)  first  to  say 
it  over  after  him,  that  tlien  the  witn'tsses  miglit 
swear  it. 

Neither  the  false  suggestions  nor  the  perju- 
ries could  have  gained  any  weight  or  credit  from 
the  authority  ot  Fitzharris,  by  his  sayiog  what 
they  were  to  swear. 

In  fine,  they  must  desire  to  be  cozened,  that 
wiUbutssuin  to  believe  so  black,  so  vain ,  so 


425]         STATCTRULS.  33  Charles  II.  1661.— PromA^gt  0gmui  [4M 

imltkcly ,  «n(l  so  foolish  a  slander  of  sir  Robert  |  aion  of  a  dving  man  ahonld  he  cried  up  by  the 
Clay  too  oiul  hir  Gtmrce.  Treby,  f»nly  upon  Dr. ;  papiau,  at  noine  and  in  foreign  oountnee,  aa  a 
IlawkiiiNN  Miyinc^,  (ii*  be  batb  said  true)  that  i  ground  to  have  it  ao  belief  ed. 
Ke  liatt  tbe  uordK  of  Fit/barriH  for  it ;    wbo        We  have  reason  to  fear,  thai  the  8ttficrin§pi 
hatli  coiivicutl  liinisolf  (tf'ioriv  perjuries,  if  the  I  of  the  Protestants  heyoml^  the  aeaa,  are  upon 


Kctt'mled  ClMlf^N^iun  to  Dr.  llawkuis  had  been 
^  na^fidc  niailc  l»v  hiui. 
Uut  tbiN  prrt4''ii(l4><l  coiiU^wion  baring  loaded 

with  inrain\    \\w  shiTilfs  and  justicos  ot'  peace 

c;^pl«^\r(l  ill    FitzbarrisV   examination,  takes 

M'oiub*Hiil  carr  uitb  aU  the  art  and  skill  the 

coulriviTN  lind,  thai  tlu*  carl  of  Dauby  might  be 

wiped  t'lcaiifniuilJoilfivv's  murder,'  fur  which 

he  was  indict  1-4I  by  the  occasion  of  Fitzharris^s 

oath. 

For  tluit  puqiDM*  the  words  of  this  confeftaion 

are  m»  fi-auic«l,  that  tlie  world  mav   think,  that 

tlM'  Klicriffs  or  justices  of  the  cfty,  were  the 

prnctiscrs  with  hiui  in  that  deposition,  the  paper 

aa^ini^,  *'  Thcv  were  the  more  desirous  to  ac- 

riiiu'  tue  lonl  l^uuby  of  Godfrey's  murder,  be- 
cause the  crime  of  murder  is  m»t  inserted  in  his 
panlon.** 

The  wonl  **  thcv"  will  be  understood  to  re- 
late to  sir  Robert  Clavtou  and  sir  George  Treby, 

who  only  wen*  nieutinricd  k'turc.  or  tlie  she-  tlie  (|uc«.'n,  duke  of  York,  and  uumj  fHiiy' 
rirts,  tliough  Fitzbarris  Mas  nc\er  examined  i  counsetion,  and  in  wicked  nnctioea  acaiM 
about  lb<*  lord  Danliy  by  anv  of  them,  nor  had  ;  the  na*Mstst«  and  cndeavonrea  to  prevn  wid 
any  of  them  eviT  heard  the  least  of  the  niatu^s  ■  Fit/nuris  to  perjure-  himaeK  by  fining  1 
sworn  by  buu  against  the  lonl  Danln ,  alK>ut  -  plausible  story  to  cunfirm  the  impHh  PloC 
that  murder,  uuii!  they  were  miblic  at  the;  M'e  say  again.  That  a  Doctor  of  our  cbuNl 
King's -U'nch-lmr.  nliioh  v^s  sue  wivks  at\er  ,  shoidd  cause  to  be  sent  into  all  kingdonw  M 
Fitzharriik's  ri'moutl  frini  the  sberilfs  ctbitiKlv  countriessuchbburk  scandals  of  so  iRnnypcnn 
to  bi*  clitst'  priMiiitM'  ir.  tbi*  Tou  er.  *  '  of  quality  and  autliority  in  our  kingdom,  to  ICB 

And  if  1.0  k'.u-w  lu'i'iH^r  hi^  i^uli  a^i^i^t  ibe  der  them  (a!<  much  us  in  liiniis'i  inoreinfamoi 
\'K\\  Danl»\.  lii.".  iimnliT  m.in  ■,!»•  in  his  {union  au.i  ml- ni<.  :1. 1:1  v  iinLs  cuii  exLre*»»;  at  thi 
^\%hiih  wi  i:*»  'I  "I  I-ilu  .»  ^  bo  \\  i»  S-t;.  •.-iritoriM-  v.«'  uoit  >Tr:ifk  muU  linn\»r:  and  s*»  much  tb 
ctl  ilu'tn  >  .'  Ktl».  (  '  n  I  111  .>!■  !''iv-  *.li  :;fr».  and  mon.  wlun  wi' ri>r.s:i»T.  tb:il  the  do(*tor  wi 
lhrin"M  uii'M  i>t  r--! '.i;  i  T  •  ji  v*. 'jw  sv  .v,i;v  '  mn  i,Tn.r;.i:t,  t!:ii:  Ott"^'  |ir«  ii-ndcd  woiils  < 
iliAi  I'--'  iM  »i  K-  ,.M.  v>.i.i«  .;  j  :;  .t,  :.>7  :li  -»  ]'.^.1j»  I'onft^'C  vis  ei"  Fit-.harr;s.  u»  r»*  mntrarv  to  hi 
H*  l*»  N  r.«,-  -".I  I".  •..;.*  '  ;■.  '    :i  ri-ui  i>t  •  wi»cU»     nii>sl  <uli-;i:!i»*'»iij«i.  swo-:i 


this  occasion  already  encreased,  our  EngU 
papists  there  daily  (lecrying  the  popish  Pbl, 
and  catching  at  occasions  U>  acandaliKeaU  PhO' 
testants  in  authority  that  opnoiie  them,  and  ti 
stir  upenmity  and  rage  tberaiy  against  the  op- 
pressed Protestants. 

We  must  acknowledge  that  we  were  nr- 
prived  with  astonishment,  when  we  first  m 
this  uiock-confession  of  Fitzharria  published  \ 
and  the  more,  that  it  should  he  done  by  aUocM 
uf  the  English  church,  either  Fr.  Hawldna, « 
Hawkesworth,  (which  name  he  will  own,  w 
cannot  yet  learn)  biitthat  a  Doctor  of  our  dwid 
should,  u|HHi  |iretencc  of  liis  |irivate  oonftna 
with  a  papist,  attauited  of  treason,  pufaKik  ii 
print  to  the  whole  world  for  truth,  that  Xm 
justices  of  the  peace,  and  two  ministen  a^  J* 
tice,  liigh-slienfls  of  the  citv  of  I<nniiaQ,  fin 
combiiwd  with  certain  Lonfs  and  Commna  e 
the  Pariiamcnt,  in  a  horrid  oouspiracy 


*       .    '       - 

\ 


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V  ■* 


. .    ^       .  ..^^. 

.  V         ^. 

'  x^y.. 

■    *      •■-«.'.. 

.  '•  :■     '-^^    ■    :  \ 

'•■*".**          ■•"          •  ■          .'  * 

■*'.»•.         1*^ 

•     ■     •      ^                    *    "  ,     • 

■    a"     ■-..- 

>  ..        '•  .       »    • 

.^''^^    ».     .       -.•••- 

W       •                                «            >             ■ 

\ky      : 

'    ■     ■      *        ■»  -■     a"..        ».* 

.  .<  ..     'i      , 

N    .•:  tK-   ^V-'ei^iCkr.'.^ 

••U*!"..''      -.         ■.          '..   .    ■. 

_>   vfN*  *  C    PJ^     \ 

U  tore  tlii'king^smi 
nisii'.-N*.  as  uvli  •>  l«rti»n  ilit»«i«*  jn<fi«vs:  aa 
ihjLt  :»il  :I;^'  C  .-;iiu'.i<:i»  oi  lln^fUad  in  parlii 
mf'it,  ii» ;  r»y  .^nlt*:  oaiM^-il  wb'it  he  had  1 
•worn  : »  S-  ;'i..'«:'»bf.i  .  At:!  the  doctor  coy! 
■vn  Jh- "jr.  "rt:.t.  tbii:J«o  whi»U-  M^^ijie  of  tbi 
"1  vk  !'•»::•«»'■>••.  uA^  I'l  liri'iTThe  oiliniii  of 
'•..4  .i^*j:>4  »:♦•  k.::.i:'''5  ;»  r^.^i*  -s'lon  some  IVp 
t ;•!«:.;  :>.  ■.:■;  '  ■.  >  .*>•-:>  .'.:   .».;  ■  r^.  vcni  the  pnoM 

Tm  «1  •, :  ■.  a'>  * :»  iihi  w.'.'n  \  .-1-%  Diile  pain 

■    .    s  -  .  ^^    ■.  .   _;_.,  1  ^'r^"-*  h.<  tunrtino  as 
'..  -    :»r\    .'.'^   a    :.t.^.  .?••*;-.    ami  raurl 
•       -  j".  .<.i^.  r*'-rj>  '  '"..*;  i«*  s^.iHtkl  i 

» V    •  '■  ■.  ..    I  •  vibol 
i-i.*\  *v«  •  s»<«    ^^  I'.iiv  lie  bi 

H.    -■    H  «'\r.i**  bin 

■«:.;-*■•    •  X  f :  rtfS!«i(*fi  «1 

,.  .'■»•••■  .-j.^  ;  .-^'V^-.  a  ueek  1 

~^  *   V   -:  • .    \'r-\   »r  hm 

1: :-  -J.-**  -riiiS*^  K.  ht4ed  M 

-^^  *    :>   ibey  wc 

«i.«i  ch«  «I  xirine  of  li 


«    « « 


4»] 


STATE 


ftor  gencnl  oouocib,  which  beowneA  for  his 
Ulh«  whoaoef  er  pat  it  upon  him. 

But  the  doctor  took  cato  that  none  of  the 
pHlMft  loomed  invht  see  the  arrows  intended 
M  waund  Ibem,  tiU  tiidr  good  names  should 
fed  them,  and  tberefore  kei^t  his  confession  in 
Hcrel  uttil  the  poor  wretch  was  «lead  ami  cold, 
tkit  wMdd  periuuMi  have  shewed  the  fraud  with 
la  hsi  breath,  if  he  had  lieen  absolutely  cer- 
nil  that  it  was  to  he  his  last ;  but  tliat  the  doc- 
tor SHwred  bun  of  the  contrary  even  very  near 
bi  bst  honra,  in  due  time  will  lie  proved. 

The  afaeciiihat  the  gallows  remembered  Fitz- 
^mrn  of  his  promise  made  to  each  of  them  in 
Ns«$ile,  •' That  if  theydid  put  him  to  death, 
Ubehe  oouhl  discover  to  the  |>arliament  what 
«i  jnet  nndiacovered  of  the  Popish  Plot,  which 
'  ~  he  reserved  for  them,  he  woold  leave  it 
him  in  writing."  He  answered  them, 
he  bad  left  it  with  Dr.  Hawkins. 

demanded  of  the  doctor  that  it 
to  the  people,  whilst  the  man  was 
Ine  te  own  it ;  hot  the  doctor  only  refused  it, 
Htttesaan,  (how  he  was  awed  we  know  not), 
ftadMsherilih  demanded  a  copy  of  it  from 
tWAwtsr  as  their  due,  as  what  belonged  to 
;  but  aiier  some  shuffling  answers 
it  not  about  him,  ami  that  a  great 
i  it,  he  promised  them  a  copy  ;    but 
fctbeusrht  he  was  not  bound  Iv}*  fiis  pro- 
Mi,  ivclse  ne  made  no  conscience  of  break- 
■KihebiHid. 

nedaabt  not  hut  time  will  bring  to  light  the 
iWb  eanbrivanoe  of  obtruding  upon  the  world 
iiiMOGfe«oDlcflsion,  and  make  it  appear  that 


,  33  Chahles  1L  l6%U^Edward  tUzhmrit.  [426 

Dr.  Hawkins,  or  Hawksworth,  knewtliat  Fita^ 
harris  never  iutende.l  it  should  pass  for  a  true 
and  real  confession,  if  he  died  for  the  treason. 

And  perliaps  for  that  reason  there  was  no  One 
person  of  quality  or  authority  about  the  Tower, 
or  any  other  of  cminency  and  integrity  called 
in  all  the  days  of  its  contrivance,  before  whom 
Fitr.liarris  might  own  any  article  of  the  conftis- 
sion,tliough  doubtless  if*  there  had  been  only 
fair  dealing,  the  doctor  must  needs  have  de- 
sired it  for  bis  own  safely  and  credit,  nor  is  it 
accountable  why  it  was  tlouc  ;  it  may  be  also 
tltose  two  obscure  men,  and' the  woman,  whoso 
names  are  set  to  the  printed  paper  as  witnesses, 
knew  no  more  wliat  the  coniew^ion  and  decla- 
ration was,  which  Fitzharris  protested  to  them 
he  luid  made  to  Dr.  Hawkins  freely,  than  the 
sheriffs  knew  what  the  further  discovery  was  of 
the  popish  pk)t,  which  he  also  told  them  with 
his  oying  breath,  he  had  left  wiOi  Dr.  Haw- 
kins, no  shadow  of  any  such  discovery  having 
yet  been  prodnced  by  him  ;  but  on  the  con- 
trary this  odious  sham  confession  to  nerswade 
the  world,  that  the  noise  of  popish  Plots  hath 
lieen  from  the  wicked  practices  of  some  Protes- 
tants. 

We  have  only  lel'tto  pray,  Tliat  the  God  of 
trath  may  bring  to  light  all  the  hidden  works  of 
darkness,  that  no-  wicked  device  formed  amiinst 
the  Protestant  religion,  his  majesty  and  the^ 
kingdom,  may  ever  pro?|)er ;  and  let  ever}-  good 
man  sav.  Amen. 

Here  i«>l]owed  the  Paper  printed  iu  the  text, 
at  p.  396. 


Bnorks  on  Fitzharris's  Trial,  by  Sir  John  PIawlks,  Solicitor 

General  to  King  William  the  Third. 

Sr  John  Hawles,  who  was  Solicitor  General   Ship-Money,  and  other  taxes  in  the  nation,  but 
liKi^WilSam  the  Third,  published,  more  especially  Ship-Money;  wliich  at  first 

••  BEMARKS  on  the  Trials  of  Edw.  Fitz-    ^^  ^'^f  *"**  "^y^  ^""^  Jr l^"^?*^ /*»*"«  ^ as 
^MuLis,  Stephen  CoLLEDOE,  Count  Co-    ^"^^'Tl^  accordmsr  as  .t  was  found  llie  naUon 

«K»«»MARK,    the    Loid   IIUSSEL,    Col^il    ^1^'^  ^' -^  "^"^  ^' ''^^n^^^ 

»8iDi.Ey,  Henbv  CoR«isu,  imd  Charles    i^^'^^J"?^  ««^"  ««  *^  ^^'  that  it  would 


"  Keulegiamlo,  and  tlie  Award ot  J&xecu-  f,    '  .-"I *i        Z^      W f  Za  ilTTW 

"  £>?^inst  Sir  Tliomaa  Armstrong :»  !'"«^^™<^;  ^  Uie  ner^jns  who  lived  about  tL^ 

wkh  thelUlowing  Introduction :        ^  ^J"^;  ^^  ^  ^  ^If  ^'  the  majont^  ot  the  na- 

^  tion  took  part  with  the  kui^.     There  were 

THE  strange  Kevolution  which  hath  of  late  therefore  some  other  reasons  ibr  the  disalleo- 

hppned  in  our  nation,  naturally  leads  one  tion  of  the  nation  to  the  late  government,  and 

Wt  the  mnsaderation  of  the  causes  of  it.    The  th<ry  may  be  ra^ed  under  these  six  liends : 

^gfT  of  snhverting  the  establishc<l  reliirion,       Exorbitant  Fines  ;  cruel  and  illcpd  PhMO- 


\ 


fniaa  of  file  estahliidied  rdi^ou  was  as  much  For  the  First,  I  shall  only  observe,  that 
Airigned,  or  at  least  was  belitned  to  lie  s<i,  as  when  the  House  of  Commons,  in  the  parlia- 
rfMe;  and  it  is  not  material  whether  what    meiit  ICHO,  took  that  uuitter  into  consideration. 


V»  smpected  was  tnie,  or  not ;  and  pniperty 
Ml  m  oiiicfa  iovaded  as  of  late,  by  ini|>osiog 


anil  iiitendt'd  to  impeach  scleral  ]»erKons  fortbtt- 
same,  the  highest  Fine,  at  that  time  complained 


427]  STATE  TRIALS,  33  Charles  U.  l6Slj^Proeeeikg9  ognM         [4S8 


of,  was  but  1,000/.  and  yet  in  few  yean  they 
were  heightened  to  10,000/.  30,000/.  30,000?. 
and  40,000/. 

For  tlic:  S;'cond,  the  punishment  of  Oates, 
Dan^rfield,  and  Mr.  Johnson ;  and  the  close 
impnsonuicnt  of  Mr.  Ham|>den,  sir  Samuel 
Bamardiston,  and  «)f  several  other  persons,  as 
they  were  against  the  law,  so  they  were  with- 
outprecedcnt. 

Fxn*  the  "Fliird,  though  the  Damages  gfiven 
toBolsworth  vrvw  the  first  outrageous  damas^es 
given,  which  wci-c  taken  notice  of,  and  in  truth 
ifere  such ;  yet  in  little  time  damages  for  mat- 
ters of  like  kind  were  quickly  improved  to 
10,000^  90,000/.  40,000/.  nay  100,000/.  tlie 
truth  of  which  a  great  many  living  witnesses, 
to  their  sorrow,  ciin  testify. 

For  the  Fourth,  the  seizing  the  City,  and 
other  Charters,  upon  the  pretences  on  which 
they  were  questioned,  was  without  example. 

For  the  rifUi,  the  dispensing  with  the  Test 
acnd  tHinal  Laws  was  as  miscluevous  as  it  was 
illegal ;  it  making  persons  ca|)able,  who  were 
incapacitated  by  law  of  being  m  places,  of  ex- 
ercising ofKt*es,  for  whom  the  persons  who  had 
power  to  confer  or  bestow  the  same,  had  more 
aflfcction,  than  for  the  persons  who  at  that  pre- 
sent eiyo^-ed  iheni :  The  consequences  of  which 
were  quickly  seen,  in  turning  out  the  present 
possessors,  to  make  room  for  others ;  which 
was  the  thing,  m  hich,  as  a  Scotch  bishop  said 
of  another  matter,  *  wi  the  kiln  a-fire.' 

Of  tliese  fh  e  jwrticulars  something  hereafter 
may  be  said  ;  at  present,  this  treatise  is  only  to 
consider  lum-  far  tlie  proi'eedingR  in  capital 
matters,  of  lati*  veai-s,  have  been  reiyular  or  ir- 
reiful'r:  and  iis  to  that,  I  shall  not  at  all  con- 
sider how  far  the  {K^rsiuis  hereafter  nientioneil 
were  guilty  of  llit*  crimes  of  which  tbey  were 
accused,  but  how  tiir  the  Evidence  against  them 
was  convincing  to  pnne  them  guilty,  ami 
Mhat  crimes  the  tucts  provinl  against  tliein  in 
law  were. 


I 


Remarks  oh  Fitziiakris^s  Trial. 


The  tirst  person  1  shall  bci^iii  wiihal  shall  lie  , 
Fitzbarris  :  and  that  it  may  not  be  womlereJ. 
that  the  trial  and  oo'.ilcumation  of  a  person. 
who  was  ci>nfi.>$>etll\  uu  Irish  Pu]iist.  should  , 
be  complained  of;  and  one  whose  crime?*  ^ker«;  ■ 
such«  tnat  if  the  law  dodareil  had  net  niailj 
capital,  it  had  btvn  just,  in  resiH*ct  of  the  i^ulo- 
taotor,  for  tho  hirisUtivc  |iowtT  to  lia^v-  enact- 
ed, That  he  should  surtVr  ihe  sevcr^M  puui-^ii- 
ment  usually  intlicted  tor  the  highest  ci  iiuo ;  , 
%ct,  in  respix-t  of  tlie  common  ^ood.  it  had 
been  just  and  til  to  h.ivc  oarxloneiT  him,  it'  he 
woiiM  ha*e  tvntesseil  »no  ^^ere  his  cvwi^jii- 
rators  and  si-rt*  r^-on  :   tor  I  am  apt  to  thirik, 
that  if  that  iiKdter  had  been  tht^mughU  lv.Ktkt\l 
into.  «ome  persixis,  al^Titards  i«uuesses  i:i  uie 
k^  Rusacrs.  c%>kniel  Sidne\  's.  and  31  r.  lUmn. 
ilcn*9  TriaH.  had  either  nocr  betMi  piwlue.d. 
or  ImmI  not  been  crvthttnl  if  |«ruduci>l ;  nor  \%ouUl 
■7  lei^  of  £sKX*<  tkkrvat  bAv«  bwai  cut ;  aod  , 


my  k)rd  RiukI  and  cokinel  SMney  miriilhtre 
worn  their  headt  on  tlicir  thoeklen  to  uus  day. 
All  will  agree,  that  there  was  a  tfnaX  ftmg- 
gle  between  the  Whin  and  Tones,  aa  they 
wore  then  called;  thr  nangingomviiiff  th^ 
man :  Both  agreed  he  dewrved  to  be  aang- 
ed;  the  first  thought  it  their  advantage  la 
save  him  if  he  woukl  conftn,  the  lart 
thought  it  was  fit  to  hang  him  for  ftar 
he  would  confess.  And  to.  explain  the  mal- 
ter,  it  is  fit  to  go  a  Utde  higher :  It  cannot  bet 
be  remembered,  that  before  the  breokin{g  oat 
of  the  popish  plot,  Mr.Claypde  was  imnraoni 
in  tlie  Tower  for  designing  to  kill  the  long,  in 
such  place  and  manner  as  Oates  aftowaidi 
discovered  the  papists  intended  to  do  it.  In 
Trinity  term,  1678,  he  had  an  Habees  Goraai 
to  tho  King's-bench,  and  was  brought  thitner 
in  order  to  be  Imiled,  and  prodooed  persons  of 
worth  to  bail  him ;  but  the  penalty  of  the  bsl 
set  by  the  court  was  so  high,  and  the  ooart  ta 
a^[gravated  the  crime  for  which  he  was  eon- 
nutted,  and  the  likelihood  of  the  troth  of  il^ 
tliat  the  bail  refused  to  stand,  and  Claypoie  mf 
remanded  to  the  Tower.  But  the  term  afiff, 
when  the  matter,  of  which  he  was  eocwri, 
appeared  barefiicod  to  be  the  design  of  other 
people,  he  was  let  go,  for  fear  the  eininmatind 
of  it  should  go  further  in  proving  the  popih 
plot  than  any  thing  at  that  time  diecotaei* 
And  if  it  were  now  3iscovered,  upon  whose  oi 
what  evidence  lie  was  committed,  itwMddgs 
a  great  way  in  discovering  the  truth  of  susj 
matters,  as  yet  in  the  dark  (but  that  dengn 
miscarried,  because  the  intrigue  was  discovcm 
before  it  took  effect ;  and  yet  a  like  design  wtf 
still  carried  on,  and  many  of  the  clei^  of  tho 
church  of  England  had  Weu  prevailed  with  tP 
cry  the  popish  up  as  a  fanatic  plot).  The 
iKipisUs  and  the  clergy  of  the  church  of  Elig- 
land  being  in  tlie  late  times  equally  sufierefli, 
and  oppressed  by  the  fanatics,  tbey  naturally 
grew  tu  lia?e  a  kindness  for  t.'ach'other,  aDn 
both  joined  in  hatinsf  the  tiiiiatics ;  and  thereAre 
pi-etendetl,  at  leaM,  that  they  did  not  brieve 
any  tiling  of  the  Popish  plot,  but  that  report 
uas  giten  out  b\  thf  fdJiatics,  whilst  tncj 
thcmseUrs  were  dcsiifitiui;  something  against 
the  church  of  England.  Hie  papists  uviDg 
so  lii'eat  a  |>art  of  the  eler jr>  o\'  the  church  41 
Kniflaiid,  ready  tn  I^Lieve  any  thing  of  a  fana- 
lie  [>lot,  which  thc'v  should  li>ri;e,  and  obserr* 
ill::  ihac  that  wliicL  ^Tive  cre<iit  to  the  Popish 
]>!ot.  u::s  \«TiuiU'>»  concurrin:;  with  oraltei- 
tantiin.  \«hi«-h  •[  i!it!  *.  for  v«;ry  little  of  tbe 
iniiU  Mt'ihe  Popisli  ptut  dt  pcnded  on  the  crrdil 
of  l>-.i:es,  ImmIiom.  or  any  «>Ther  person,  moit 
•.if  ine  tacts  cf  liui  ilrsiv^n,  when  dMcovered, 
y\  n  i:ij:  ilk  iii-k  Iw  ^ :  T. •  ii;>;.u;ce  in  one :  Oatei 
ui<\vtend  L\'*.«rraii  1.  ■  I  LiiuLiigeuce  with  La 
Clioix'  of  .1  de>.;^aoa  F:'i:L*i4i,  audtliat  Cole- 
iv.aa  lu-.l  jujiers  v«:>..i\;r^  a»  much:  when 
ihkise  pa-K-rs  w^^rc  ^el.^i'i.  aD-.l  ounwl  by  Cole- 
nun.  di;ii  L;e  <^iir|N.vi  .^r'  luciii  was  whatOalci 
>ia)dtlu\  Hi:v,  ;i  was  ifc..i  niatt:riml,  whether 
t'^te^  vfA-*  a  ir.in  of  tn:ih  or  not  ;  the  papOS, 
withou:  OaiM's  lunher  evitlcncv,  soffiafldy 


H9]  STATE  TRIALS,  33  CifARLBt  11.  iG^U^Eiward  Fttzhanris.         [430 


pnif ed  the  deagn :  I  say,  the  papists  haviDg* 
observed  what  the  evidence  was  wliich  gaye 
credit  to  that  plot,  resolved  to  pwrsue  the  same 
stieps,  and  thmlore  Pangerfiekl  was  made  use 
fo  to  letfve  papers  in  col.  Mansers  lodging,  who 
was  an  aoquamtanoe  of  my  lord  Shaftsbiuy 's, 
importittg  a  plot  ;*  but  that  was  so  foolishly 
carried  on,  and  die  the  then  Attorney-General 
(or  Creswel  Levinz,)  who  had  the  examination 
of  that  matter,  not  being  qualified  with  the  as- 
inrance  his  successor  had  to  cany  on  a  thing 
that  had  neither  sense  nor  honesty  in  it,  made 
Boch  a  scurvy  report  of  the  matter  to  the  king 
and  council,  that  they  were  enforced  to  vote 
Mansel  innocent,  Dangertield  euihy,  and  that 
it  was  a  design  of  the  papists  to  lay  a  plot  to  the 
diflKnten  cmurge,  and  a  further  proof  of  the 
Fopiah  plot.  But  that  Attorney  -General  being 
removed  to  a  place  of  more  lionour,  though  of 
loa  profit,  and  another  (sir  Robert  feiawyer)  put 
in  his  place,  the  papists  resolved  to  cany  on 
the  sania  design ;  and  no  person  a  fitter  instru- 
ment  than  Fitzharris,  in  respect  of  his  religion 
aodhis  acquaintance;  but  before  his  design 
came  to  perfection,  it  was  discovered. 

He  was  first  imprisoned  in  Newgate,  tvhere 
some  persons  (amongst  whom  Mr.  Cornish,  as 
I  remember,  then  Sheriff,  was  believed  to  be 
ene,  and  it  was  not  the  least  of  his  crime  that 
he  codeavoured  to  look  into  that  Arcanum) 
went  to  esamine  hun  as  to  the  particulars  of  that 
dean ;  which  was  quickly  taken  notice  of, 
and  the  prisoner,  in  lireach  of  the  (labc^as  Cor- 
poa  act,  removed  from  thence  to  the  Tower, 
where  he  was  kept  close  prisoner. 

The  parliament  at    Oxford    meeting  soon 
altar  Fiteharris^s  apprehension,  and  the  House 
of  Commons  being  informed  of  as  much  of 
hia    dengns    as  was  then   discovered,  tliey 
thooghi  themselves  highly  concerned  to  ex- 
amine him  ;  hut  how  to  cfo  h  they  knew  not : 
only  they  resolved  (upon  a  report  which  one 
at  their  OMmbers  made  them  of  one  Hubert, 
who  oonieased  himself  guilty    of  firuig  the 
City  of  London,!  upon  whicK  it  was  resolved 
to  eiemine  him  in  the  House  of  Commons  the 
neit  morning,  but  before  the  House  sat,  Hu- 
bert was  hanged)  that  Fitzharris  should  not  be 
hanged  ^rithont  tlieir  knowledge  and  consent ; 
and  to  effect  it,  they  rememliered  a  design  to 
try  the  five  popish  lords  in  the  Tower  upon 
IndictmentB ;  wnereupon,    if  they  shoukl  be 
aoqahted,  it  was  thoi^it  that  these  acquittals 
■ligfat  be  pleadable  to  impeachments.    To  pre- 
vent which,  the  House  had  exhibited  general 
impeachments  of  higli-trcason  against  them  in 
pke  House  of  Lords  ;  which  had  such  success, 
that  the  lords  were  ne\-er,  and  the  judgcs9  nive 
their  opinion  that  they  could  not  be,  tried  on 
the  inffictments,  as  long  as  the  impeachments 
were  in  being  ;  for  wliicli  reason  the  House  of 
Commons  exliibited  a  general  iinpcachment  of 
high-treason  in  the  House  of  Lords  against 

*  Seethe  note  to  Cellier^s  Casc%  anttt  vol.  7, 
p.  10^. 
t  Sec  ToL  6,  p.  a07,  of  this  Collection. 


Fitzharris,  which  was  received  ;  afler  which 
the  House  of  Lords  made  an  order,  that  Fitz* 
barns  might  or  should  be  tried  in  the  King's- 
bench  for  the  same  treason ;  suddenlv  ailer 
which  tliat  parliament  was  dissolved.  Whether 
Fitzharris's  business  was  the  break-neck  of 
that  parliament,  I  know  not,  but  it  was  shrewd- 
ly suspected  it  was. 

There  was  at  that  time  a  Chief  Justice  in 
the  King*s-bench,  (sir  William  Sc.roggs,)  who 
was  himself  under  an  impeachment  of  high- 
treason,  and  had  not,  for  that  reason,  sat  in 
court  for  some  terms  preceding  ;  and  the  trial 
of  Fitzharris  being  generally  looked  upon  to 
be  as  illegal  as  it  was  odious,  it  was  thought 
convenient  to  carry  it  on  by  a  person  of  better 
credit ;  whereupon  one  who  had  been  a  puisne 
judge  of  that  court,  (sir  Francis  Pemberton) 
andhad  behaved  himself  very  plausibly,  and 
had  gained  credit  by  being  turned  out,  was 
thought  to  be  the  fittest  person  to  luidertake 
it,  and  accordingly  the  then  present  Chief 
Justice ^'as  removed,  and  the  otlier  wais  pre- 
ferred to  his  place. 

It  being  resolved  tliut  Fitzharris  should  be 
tried,  the  business  was,  how  to  get  Witnesses 
to  give  evidence  to  a  jur}',  and  how  to  ffet  ju- 
ries to  find  the  bill,  and  to  convict  the  prisoner, 
which  were  difficult  preliminaries. 

A  person  (sir  William  Waller,)  who  had  been 
one  of  the  House  of  Commons  which  had  ex- 
hibited the  Impeachment,  was  a  principal  wit- 
ness ;  but  if  he  should  give  evidence  on  the  in- 
dictment, he  knew  not  how -far  he  might  be 
hereailer  questionable  and  punishable  for  it, 
when  a  parliament  should  sit  again  ;  but  at 
last  that  person  was  prevailed  ujion  to  give  evi- 
dence, but  by  what  means  is  best  kuown  to 
himself.  And  as  for  the  juries,  grand  and  petty« 
they  were  satisfied  with  the  oirectiou  of  the 
court,  that  they  not  only  mi^ht,  but  ought  to  find 
the  bill  and  verdict,  according  to  their  evidence. 
And  I  think  the  court  was  so  far  in  the  light. 

That  matter  being  adjusted,  a  Bill  of  High- 
Treason  was  luund  against  the  prisoner;  where- 
upon he  was  presently  arraigned,  and  ailer 
niuch  contest,  and  declaration  of  the  court, 
that  they  could  hear  nothing  till  he  Lad  pleaded 
in  chief  (\iliich  it' he  had  done,  the  plea  he  af- 
terwards pleaded  which  was  the  jurisdlciion  of 
the  court,  had  come  too  late),  he  had  leave 
given  him  to  ]ilead  the  special  matter  of  the 
im)ieaehment ;  and  accordingly  counsel  were 
assigned  him  to  draw  up  ana  a.'guc  his  IMea 
put  m  to  the  jurisdiction  of  the  court :  which 
was,  <'  That  he  was  im[>eached  In  a  buperior 
court  fi)r  the  same  treason." 

Great  endeavours  were  used  to  have  the  plea 
over-ruled,  u  ithout  so  much  as  ueuring  the  pri- 
soner's counsel  for  the  maintainiii^  it.  The  pre- 
tences wore,  that  the  prLs  "viipr  on  1  is  plea  ought 
i  to  have  pAnhiced  tlio  leconl  of  his  iiiipeach- 
I  mcnt,  and  tiiat  the  -^ilvja  of  the  iiii|»eaclmi«^nt 
for  High-Treaj^m  in  gcnji'al  \v;'s  uauirlit,  u ith- 
out siiecifying  what  the  High -Treason  was  for 
whicti  he  was  iiupoa^'lied  ;  f  )r  an  iinpeach- 
mcut,  or  an  indictment  oi' High-Treason  in  gc  • 


M,aiidart&aAct,tf  AeH 


Mja^  ■ftiilgiiiV  it»i  Ml  iiiii'i  ■iliiiwii  iliiiml 
IkMlwUietnwat;  llMflittiMiitdMWiilar 


ti  IM  tte  ftirMjing  wm  diffh 
teMrii:  iiia»W,dietridiibylhe: 


oTLMi;   in  tbe  Iwt,  of*  oomMo*,  Wk 
jatytiOmmmoBM.    InAelM«,biit  liifls  t&oe 

■■irfiiwMl  fir  gM«ff  t '^-^ "-^- 

■ridHM;  in  Ob  flnt, 
"Wii  mi  wiltM  waa  DN 
fhtt  Aa  Uoff  11^  parion 
Ijf  A'  totofiwat,  W  no) 


MfAMMd  fir  gina^  or  flDMnniif  of na 
aaidHM;  in  tta  flnt,  anoeh  koMrttaM. 
"*      •• r  prartiBafbe* 


tcdbj  an  >vptal-      1 
OB  im  iaainumt  i 


aright  ha  a  qoMtun,  vbatttr  that  mar  bt 
pleMM  in  bar  to  the  impeachment  I  and  ir  not, 
tbepriMBar  riiould  be  broushtttrice  injci^Mnly 
«f  hn  Ufa  for  ilie  same  cnme  contrary  U  the 
ndeoflaw. 

Totka  eUeotlon,  Tfaatthe  Plea  wa«  net  ccrtaiti; 
itbwiff  pKMledaa  Hnimpcachmeiit  i^Hif^v 
Tfcaaan,  not  setting  forth  me  High-Tmsou  in 
faitkulart  it  was  annrered,  thuanimpe«cli- 
BHildiftTed  tmm  an  indictment:  fitr  hy  tlie 
eiUtOB  of  l^riiametit,  which  ii  (he  lairoftfae 
land,  rod  a  ireneral  impeachment  iipixid;  bnt 
indictment  of  Htgh-Trea- 


hj  thakaw,  ageneral  in 


1  therefbre  the  plea  itfan 

t  of  jUff 

mmUtm  impttitio,  it  was  frivolooi ;  for  it  was 
Mir  mtntkNifltl  that  he  mi  impeaehed,  and 
e  t  nere  was  an 


led  befbra 


the  objeetion,  Tliat  the  king  misht,  in 
WBicn  Gonrl  lie  wmild,  pmsecute  for  High- 
IVeaaon,  it  was  little  b>  the  pnrpoae ;  for  the 
asae  did  not  come  np  to  it,  tiie  impeadiment 
Mng  the  miit  of  the  Commnns,  and  not  of  the 
laBff;  andthatthc  courts  of  Westminster-Hall 
bad  nAned  to  meddle  with  niatters  relating  tn 
That  tbeugh  the  impeach- 
,  yet  it  was  made  certain  by 
U  it  was  for  the  same  crim^ 
:  That  the  At- 
Wtmrf-Otmni  migbt  hare  (•ken  isne,  that 
'   "~^^  -----  'jin^jmi  (g  ifai  p4fa4eo. 


at  pUc  he  mi^ht  hai-c  xuil.  that  tbe  tmpcacb' 
nicnt  was  not  liir  llie  huhc  bvaxni  fw  wbM 
hi:  WHN  indicted  ;  but  having ilcmnrmd,  hcbai 
cnnfeHiwd  both  10  be  true.  That  at  couidii 
law,  if  an  amieal  of  murder  had  hrvB,  br^u^ht 
liic  king  could  not   protved  on  the  indictnmt 


All]         SMnmAUk  UCnUILltll.  \6i\^Protadmga  aj 

mMb*  w  MinjMMhBMt  aruididHriltC* 
&■  —a Itiiy.  atlaa  ilsntiia ;  ThM  lhad»> 
H*n, «  iiatFiiAam  WW  taivaMtei,  «1M 
•■^larhiiiriaKoodM  AdIftrM,"  hi  teriw 
MWlimMi— liny>Bhii«dt>rfbra,iwiiiHht. 
Bitt^Aimarai  tv -AllDnMf  OeovH  MBntatL 
■ad  fbe  ptiwoer mned  in  a«  daMUfwi.  Am 
Dhb»  *ar  ma  riM  I*  Hgw  Dm  ptat  lai  Ba- 

tWMCyaad  tDtbe«*oif<sDaalw  taoktudH 

tlffc^liw  anitki  «  tnMtiw  aopt  cu 
MM  dm  jarfidiBlio*  ofanallw  fahiat 
MM^wblMMlan  anginal  jwMiotiaB  oftba 
•MM^ofliwptrmi 


ing  the  five  Popibh  l^onfs.  that  they  miMiW 
belrictl  upon  imlictiDcnts,  so  lon^  Migaooi 
iinpeachiuEDTs  were  depemling  ior  the  MH 
treason  :  anil  yet  Ihetr  cases  and  this  MtomI: 
there  the  imlictments  were  found  faeftiK  An  j|k 
pcachmcflis  preferred,  airf  here,  Bfta-  tte  ■ 

In  the  reply  tn  iliiat«  the  Plea,  it  was  isste 
ed,  That  it  did  not  conclude  '  si  curia  proMdoi 
'  driieat'  a.s  well  as  '  rnlt,'  nt  wu  usod  b 
Plens  of  that  nature  t«  do  ;  tliat  p^rinp*  lU 
matter,  if  the  prtmner  bail  been  acipiituil  omi 
Ihe  Impeachinenl,  might  hnve  been  pltAdMii 
har  to  ihe  Indictment,  but  it  was  not.  phiMteH 
tothcjuriKdictionofthvcourti  tliel in tho ew 
(if  the  PJK  Lords,  the  Indieimenis  wvtere 
moved  into  the  House  of  l/ords  -,  that  "PpMl 
in  treasons  ore  talu?n  away  by  the  fim  of  n«>r 
the  4th;  that  in  thr  P)pb  iton^tln  beatttM 
wliat  \ie\  ct  CoDsuetudo  PnrhBntmli  an;  ft! 
till  Articles  carried  up,  no  man  tmpMtWi 
ohli^  to  BnKwer ;  that  in  all  ctseu  of  .W>ft 
a  man  is  put  twicf'  in  jeopardy  of  (lii  lin^ZM 
be  tried  npon  an  indictment  nithin  •  VH*. 

To  Ukea  short  rtriew  of  what  hath  heenit 
c-iled,  i(  was  thought  the  king's  cmiiiM-l  ttiaft 
court  upon  a  rock,  and  it  was  hard  fiir  tb«DI» 
get  oft'.  The  court  had  advised  Itiem  mtsk 
time  to  conHdcT  what  course  they  would  likt 
but  Ihe  king's  counsel  were  hasty,  aa  ihty  4 
wayH  were,  when  they  were  resolra]  ta  tiff 
n  mailer  right  or  wron^;  and  haTingthrlfeH 
ways,  they  chose  the  worst. 

I  f  they  had  taken  issue  On  the  rcewd,  m  fti 
HTcrmeDl,  that  the  ini|ieachment  and  inriirt 
ment  were  not  for  the  same  ti-easnn,  ihcy  migll 
hate  pretended  (hat  the  Journal  of  the  ttiW 
of  I-iords  was  ni>t  a  record,  or  that  llif  DehM 
in  (he  House  of  Commons  were  not  eo«d  rt 
dmce;  or  if  lUcy  had  reptie*!,  the  otder  of* 
House  of  Lordu  fi)r  trying  the  priftouer  in  dl 
King's-Beiich,  totheplea.'tlHy  migbt  Iicrv^ 
sisleil  on  the  [icrwer  ot  ihe  IIouh'  so  to  do;  W 
hBTinjf  demurred,  they  coaftssed  the  trulkjl 
all  the  mutter  of  the  plea,  and  wsted  (Iwfcnn 
of  thai  order,  and  stood  upim  points  of  Mi 
rither  coneeiled  by  the  coml,  or  rraolred  by  ih 
Judges  before,  or  soeh  necessary  infcrrnM 
from  them  as  were  impossible  tn  be  irmt-A- 

it  CHiild  not  he  denied,   Inii  a  i.i-iwril  at- 

l.taclimenl    of    hiyli   (rvns..,,.    \n     li,.-  neWBI 

jiarlhrncul, 


neial  impt«chDMnt  of  high  tMMH 
proceedinffa  npm  an  Mnnat  tbt 
matter.    It  dia  notjfflr  tig  ay,  tt 


STATE TRTALS»  33 Charles  IL  iGSi.^Edteard  FttAarrir. 


[434 


vrere  removed  into  tbe  House  of  Lords ; 
Try  one  knows  new  indictments  might 
Ben  prefened  against  them  for  the  same 
And.  if  that  had  been  the  reason  of  the 
resolution,  why  did  not  the  judges  then 
t,  all,  or  moat  part  of  whom  were  judges 
{ifin^  that  opinion,  deny  the  opinion,  or 
L90D  alledged  ?  which  they  did  not.  It 
t  a  resson  to  disallow  the  plea,  because 
lar  aiticlea  use  to  follow  general  im- 
aenta,  and  the  impeached  are  not  bound 
rvr  till  the  particuiar  articles  were  exhi- 
»'hich  b  true ;  for  by  the  same  reason,  a 
mt  cannot  {dead  an  action  depending 
him  for  the  same  matter  in  a  superior 
micas  the  plaintiff  hath  declared  against 
the  superior  court,  which  is  not  true.  It 
It  a  reason  that  all  records  in  interior 
nmat  be  pleaded  particuiariy,  as  indict- 
nodthehke;  because  such  records  must 
lin  and  particular,  or  else  they  are  erro- 
and  cannot  be  pleaded ;  but  au  tmi>eacli- 
my  be  general. 

fe  the  matter  of  a  plea  is  naught,  no 
in  make  it  good ;  though  where  tlie  mat- 
a  plea  is  |^od,  an  ill  torm  may  8|>oil  it. 
ifwre  a  general  indictment  or  record  is 
I,  as  in  all  the  cases  cited  against  the 
waa  no  special  averment  to  r^iice  it  to 
linty,  or  any  form  can  make  it  a  good 
baft  a  general  irapeaclimeiit  is  good,  and 
reitraay  and  must  be  pleaded  generally ; 
•ding  it  specially  woukl  make  it  false,  if 
rerc  no  subsequent  articles,  as  in  this 
ere  were  not,  to  ascertain  it. 
\  to  no  purpose  to  run  through  all  the 
of  the  counsel  or  <;ourt  against  the  plea, 
he^'  all  said  the  matter  of  the  plea  was 
ineftion,  buf  the  form ;  and  yet  when  so 
ibed,  ill  wiiat  of  the  fonn  it  was  defec- 
«y  were  not  able  to  ansuer.  If  it  bo 
tnat  the  matter  of  a  pica  is  good,  buf  it 
etive  in  fonn,  they  always  shew  how  it 
or  might  liave  been  mended ;  which  in 
■e  was  never  done :  and  as  tliis  case  was 
I  several  particulars,  so  it  i^  in  tliis,  that 
ing  all  tfie  argunients  of  this  pica,  ru) 
lows,  by  what  \ia.s  di<icoursLHl,  wiiat  was 
nt  in  question. 

r  tlie  argiinieuts,  tlie  chief  justice,  in 
It  least,  \ery  faiourably  ofierii  the  pri- 
I  counsel  lifaierty  to  amend  llie  plea,  if 
Buld;  which  till*',  (apprehondinj^f  U2<  they 
non,  for  I  thiiit.  none  caii  shew  how  it 
kwebeen  mendt>d,  mther  a  (*atch  than  a 
)  icfosed  to  do;  wlu'rcii]K>n  the  court 
Be  to  consider  of  it,  and  on  thi*  1 1th  of 
Khcie  being  a  great  auditory,  rather  to 
WW  the  judges  would  bring  themselves 
n  to  know  what  the  law  of  the  plea  was, 
■f  jmftiGe,  without  any  reasons,  dt?livere(1 
of  the  court,  upon  conference  had 
judges,  that  his  brotliers,  Jones, 
and  himself,  were  of  opinion  that  the 
PM  inrofficient ;  his  brother  Dolhen  not 
rf,  bnt  doubtine  concerning  it,  and  there- 
iwM  the  prwo0«r  vboiud  plcud  to  the 

•  Till. 


indictment,  w^hich  he  did.  Not  Guilty  ;  and  hiff 
trial  ordered  to  be  the  next  term. 

I  think  it  would  puzzle  any  person  to  shew,, 
if  ever  a  court  of  Wcstminster-Uall  thought  a 
matter  to  be  of  such  difficulty  as  fit  to  be  ar- 
gued, tliatthey  gave  their  judgments  after- 
wards without  the  reasons  :  it  is  true,  that  the 
courts  of  civil  hiw  allow  debates  amongst  the 
judges  to  be  private  among  themselves ;  but 
the  proceedings  at  common  law  always  were, 
and  ought  to  oe,  in  aperta  curia.*    Had  this 

{practice  taken  place  heretofore,f  as  it  hath  of 
ate  (but  all  since  tliis  precedent),  no  man 
could  have  known  what  the  law  of  England 
was,  for  the  year-books  and  reports  are  nothing 
but  a  relation  of  what  is  saiu  by  the  counsel 
and  judges  in  giving  judgment,  and  contain  the 
reasons  of  the  judgment,  which  are  rarely  ex* 
pressed  in  the  j«cord  of  the  judgment ;  and  it 
IS  as  much  the  duty  of  a  judge  to  give  the 
reasons  why  he  doubts,  as  it  is  of  him  who  i» 
satisfied  in  the  judgment.  Men  sometimes 
will  be  ashamed  to  ofler  tliose  reasons  in  public, 
which  they  may  pretend,  satisfy  them,  if  con- 
cealed ;  besides,  we  have  a  maxim  in  law  un- 
deniable, and  of  great  use,  that  any  person 
whate\'er  may  rectify  or  inform  a  Court  or 
jud^  publicly  or  privately,  as  Amicus  Curio*, 
a  fnend  to  the  Court,  or  a  friend  to  justice : 
but  can  that  be  done,  if  the  standers?liy  know 
not  the  reason  u]K)n  which  the  Court  pronounce 
their  judgment  i*  Had  the  diree  jucfgc  s,  who 
were  clear  in  their  opinion,  givt  n  their  reasons 
of  that  opinion,  perhaps  some  of  the  standers" 
by  might  ha^e  showed  reasons  unthought  of  by 
them,  to  have  made  them  stagger  in,  if  not 
alter  tliat  opinion  ;  or  if  justice  Dolben  had 
given  the  reason  of  his  doubt,  perhaps  a 
staiider-by  might  have  shcv.  n  him  a  reason 
unthouijrht  of  by  him,  which  woul«l  have  made 
him  positive  tliat  the  plea  w  as  or  was  not  a 
good  plea. 

If  a  man  swears  \«hat  is  tnir,  not  knowing  it 
to  lie  true,  though  it  1><;  logically  a  truth  as  it  \s 
distinguished,  yet  it  is  niurally  a  lye  ;  and  if  a 
iudge  give  judgment  according  to  law,  not 
Knowing  it  to  be  so,  as  if  he  did  not  know  tho 
niason  of  it  at  tliat  time,  tnit  hethom^ht  himself 
of  a  reason  for  it  afterwards,  though  the  judtj^-* 
ment  be  legal,  yet  the  pronouncing  of  it  is 
unjust. 

Judges  ou^ht  to  lie  bound  up  by  the  reasons 
given  in  pubnc,  and  not  satisfy  or  make  good 
Uieir  judgment  by  afWr- thought  of  ix*asons. 
How  very  ill  did  it  liecome  the  chief  justice 
Popham,  a  person  of  learning  aud  parts,  in  tho 
attainting  sir  \^' alter  Itdeigh,  of  vhich  trial 
all  Kinoethat  time  have  complained  ?  when  he 
gave  his  opinion,  that  the  amdavit  of  the  lord 

•  2  Co.  luht.  10.1. 

t  Of  old  time  before  Ediv.  3,  the  masons 
used  to  lie  entered  on  record  in  cases  of  diffi- 
culty ;  but  ever  aften^anls  were  constantly 
proiiounced  by  the  Court,  that  they  might  b<i 
published  in  th«  Duuk^  vf  Cak««  aiid  I(«i»orw, 
4  Co.  Inst.  4. 

2F 


435]  STATE  TRIALS,  33  CHARLES  11.  IfiSl.'^/ViMmBifV  ^i^gdmt         [toC 


Cubham,  taken  in  the  absence  of  sir  Walter, 
ini«^it  be  given  in  evidence  against  him,  without 
urmlncing  tlie  lord  Cobham  face  to  fkce  to  sir 
Walter  (which  was  desired  by  him  althoa^ 
the  lord  Cobham  was  then  forthcoming). 
When  he  soimned  up  the  evideace,  he  said, 
*  Just  tlien  it  came  uto  his  mind,  why  the 
arcuaer  should  not  come  ftce  to  fiwe  lo  the 
prisoner,  because  he  might  retract  his  cvi- 
denco  ;  and  when  he  should  see*  himself  roust 
die,  he  would  thiidc  it  best  that  his  fellow 
idiould  lire  to  commit  the  like  treason;  and 
so  in  some  sort  seek  revenge.'*  Which,  be- 
tides that  it  is  against  the  common  kw,  and 
season,  it  is  against  die  express  statute  of 
Edw.  6,  which  takes  care,  that  in  treason  the 
witnev  shall  be  broi^t  face  to  face  of  the 
penon  accused. 

Did  it  become  a  just  man  to  give  his  ofunion, 
and  bethink  himself  of  a  reason  afterwards  ? 
And  1  am  mistaken  if  it  will  not  herein  appear, 
that  many  persons  com|dained  of,  have  not 
been  jgoiltf  of  die  same  weakness  orimustioe, 
eall  It  which  von  will ;  so  fboKsh  are  ttie  best 
Iftwyers  and  pwonble  spttkers,  wheo  they  re- 
solve to  carry  a  point,  whether  just  or  not : 
however  they  may  deceive  the  ignorant,  yet 
thev  talk  and  argue  very  absurd^  to  the  ap- 
preoension  of  the  majority  of  mankind.  And 
they  had  been  sooner  discm'ered,  but  that  the 
^iseoveren  werequicklv  suppressed  and  crush- 
•d,  as  scandaRzets  of  the  Jjnstioe  of  the  nation. 
And  I  think  this  may  be  jusHy  ralli><l  the  first 
mute  judgment  given  in  nestniinster-Ilall. 

But  to  return  to  Fitzharris's  trial,  wliii:li 
came  on  the  9th  of  June  ;  and  then  the  kinsr'» 
counsel  maiie  use  of  thdr  arts  in  inanuirint?  the 
jiiiy.  And  fir»t,  there  were  a  great  many  per- 
sons for  juron  lo  whom  Mr.  Attorney  had  no 
stomach  ;  some  challenged  for  cauKe.  for  that 
Ihey  w^reno  Freehokleni,  as  John  Kent,  Giles 
8hnte,  Nathauiel  Grdiuliam,  and  seier.il  others  f 
and  the  challenge  alloivcd  to  be  a  good  chal- 
lenge by  all  the  Court ;  f(ir  though  the  chief 
justice  only  si>oke,  yet  all  tiie  Court  ni^scnt  to 
what  onejiMige  says,  if  they  do  mit  shew  tin -ir 
dimrnt.  I  do  not  talEe  notice  of  this,  as  com- 
plaining of  it,  for  I  think  it  is  a  good  cause  of 
challenge  in  treason  ;  but  theu  1  caunc^t  but 
Womler  at  the  assurance  of  the-  same  king's 
counsel,  who  rlenied  it  to  be  a  good  cause  of 
challenge  in  the  lord  Kussci-s  trial.  It  is  true. 
Ihat  was  a  trial  in  the  city,  but  tiiat  mattt:r  liad 
no  consideration  in  tlie  jiHjgnient ;  tor  ailer  the 
lord  Riissei's  cmnsel  had  been  heard,  all  the 
judges  dcli\  ered  their  opinions,  that  at  common 
law,  No  Freehold  was  no  chalieuge  in  treason  ; 
and  that  tlie  1  and  3  Pliii.  et  Mar.  had  re- 
stored the  trio)  in  treason  to  be  what  it  was  at 
common  law  :  of  whirh  niim1>er  of  judges,  sir 
Francis  I'eniberton  and  sir  Tliomas  Jones  weru 
two  ;  uuy,  sir  Francis  Peniberton  asked  Mr. 
Pollevfeu,  whether  he  found  any  resnliitian  at 
common  liiw,  that  no  freehold  was  a  cliiUlenge 
In  treuvHi.     And  that  judgment  is  alK-rwards 

•  fc^vc  foL  2,  p.  ai,  of  tlwK  CijUtcti-m! 


cited  in  cokmel  Sidney's  tml,  ns  tiw  opiam  cf 
aU  the  ju^res  of  EnJjlBiid,  That  bo  fitdmld 
wasnoclidleiigctoaiiiroriB  trBMSB  ' 
moo  law ;  nndeohiim  Mney'c  trid 
county  at  laigc. 

But  if  h  was  not  a  dudkage  at 
law,  1  would  know  Innr  it  came  to  ke  a  cU- 
lengeia  Fitshanis'a  ease?  Tbcvawsaaaia- 
tervcnuig  act  of  pariiamcot  la  altar  the  law  be- 
tween the  two  tnals,  tiMft  I  know  of. 

Another  ait  ucd,  waste  rhallFiiga  ftr  tta 
king  widioot  cause,  where  ao  caaae  could  bi 
shewn,  euchjurorsasdioy  did  notlfte. 

The  prisoner  was  ttoauod  at  &■»  end^ 
pealsiuthe  Court,  whether  the  Attney^tie- 
neral  was  not  ebiged  te  shew  hie  cenN  d 
challenge;  hot  ia  answered  by  tiw  Geoi^ 
that  be  need  nottiDaU  the  peaMlweageBi 
throngfa,  or  the  rest  of  the  jnraa  nhalkiagei. 
which  is  tme ;  but  had  the  prisoMr  beea  Bd> 
vised  to  cfaallnge  the  rest  of  Ac  jury,  eehi 
wvuU  have  been  if  he  bed  had  mnndl.  tin 
attotnoy  must  have  waved  Im  diall 
pot  off  the  trial.  Andsinoelia  waenot 
counsel,  why  should  not  the  Comrt, 
to  their  duty,  es  they  have  aaid  it  is, 
himsotodlo?*  lam  sure,  in  oomieGsailg^ 
smarted  trial,f  when  m  F^ancie  W kaiailM 
challenged  a  juror  widiont  cause  ibrtiwni& 
the  Court  presently  edced  the  cuamymk 
siidi  answer  was  made  by  the  pneeeelB'li 
cdUKel  es  was  made  to  FitiliHviB :  wIhi* 
U|ion  the  Coint  toU  the  count,  that  the  v^H 
make  them  shew  their  cause  of  challcM,  WH 
to  clialleoge  all  ilie  rest  of  the  jury ;  and  thcn- 
iipon  the  challenge  was  waved.  T^Mey  asrc 
different  practices,  tending  to  difiereat  sndi ; 
and  accordingly  it  suoceeoed  ;  Fitzharm  wif 
convicted,  andthe  count  acquitted. 

l^pon  the  trial  the  evidence  was  this ;  Fits- 
hams  was,  the  31st  dav  cMf  February  1681, 
with  Everard,  and  gave  liim  heads  br  wori  d 
miHith,  to  write  the  pamphlet  in  ue  in&t- 
nient  luctitioned,  to  scandalise  the  king,  isin 
rcliellion,  alienate  the  hearts  of  the  people,  ni 
set  tliem  together  by  the  «'irs  ;  the  libel  W8S  ti 
be  presented  to  the' French  ambassador's  eos*- 
fcssor,  and  he  was  to  present  it  to  the  Fiench 
ambaessdor  ;  and  it  was  to  set  these  pBB|h 
together  by  the  eairs  and  keep  th&m  cwkHf 
and  inistrustiiit;-  one  aiiotlier,  whilst  the  Fivaa 
Nbiiukl  ^ain  Flanders,  and  then  they  weaU 
make  no  bones  of  England :  for  which  W 
L%'erard  was  to  have  forty  guineas,  aid  e 
montldy  peasii>n,  which  hhouhi  be  some  tflP* 
sands  of  pounds.  Everard  was  to  be  htvi^ 
into  the  c^bal,  where  several  Protestanti  ili 
paiiiament-men  came,  to  give  an  acoouBl  |l 
the  ambassador  how  things  were  transactts* 
Everard  asked  what  wouU  be  tlie  uae  of  ibi 
libels  ?  Fitxharris  said,  wc  shall  disperse  thai 
we  know  how  ;  they  were  to  be  drawn  in  ibi 


I 


«  8oe  the  Note  to  the  Case  of  Don  _ . 

Icon  Ko,  vol.  5,  p.  46G,  and  that  to  Twyi^ 
Case,  vol.  G,  p.  516,  of  this  CoUectiD* 

t  ftk»  tho  Trial,  ivfrm. 


^7]         STATE  TRIALS,  S3  Chablss  IlM68J.--JEAMrifKedkarr^         ][431 


nane  oTilie  Wonconfmingte,  and  la  be  pal  and 
ftthoed 'upon  them.  This  was  ihe  sam  of 
Efviara  s  cvKKUCSa 

llr.  Smith  proved  FHzharris's  ffiTinff  ia- 
ttnictkMis  to  Evcraid ;  and  sir  WlllSun  Waller 
and  oihen  jroved  the  libel,  and  the  discourse 
aboat  gaimng  Flanders  and  England :  other 
wjlausaii  wm  enniined  lo  prove  Fitshairis's 
hsod.     For  the  prisoner,  Dr.  Oates  said,  Eve- 


emolojred  br  him  in  some  trifling  bnstnesses, 
andtbiathebadgolmoney  of  him;  but  added, 
as  of  his  tmjk  knowledge,  that  the  king  ncrci 
spoke  with  him  till  after  he  was  taken,  which 
was  the  iOtli  February  last. 

All  the  Evidence  being  over,  h  was  summed 
up  by  the  counsel.  That  upon  all  the  cirenoi- 
stances  of  it,  FitxharriA  was  the  contriver  and 
director  of  the  libel ;  that  it  was  a  treasonable 


jt  nboiit  by  the  penny-post  to  the  pro- 
^  loi^  and  wading  men  of  the  House  of 
Conmioiia,  iHio  wereto  be  taken  up  as  soon  as 
ttqr  hndit,  and  searched,  and  to  have  it  found. 
Ml  tiMm.  He  sakl  the  Court  bad  a  hand 
■it  aad  the  king  had  given  Fitzliarris  money 
Ar  II  alraady,  and  woiud  give  him  more  if  it 

■r.  Camiah  said,  when  he  came  firom  New- 
gMe  IS  iIm  king,  to  give  him  an  account  in 


he  found  the  prisoner  to  make 
;  the  long  said,  he  had  liad  him 
bolbre  him  and  nis  secretaries,  and  could 
_  of  what  he  did  disoover  ;  that  he 
ksiftrBenr'ihree  months  acquainted  the  Ids^ 
biWM  IB  pomiit  of  a  Plot,  of  a  matter  that 
'■uicli  to  his  person  and  government, 
;  in  as  much  as  he  made  protestations  of 
his  service,  he  did  countenance  and 
ibebai  some  money;  that  the  king  said  he 
CHBta  lum  three  months  before  he  aiipeared  at 
I- table. 

Blansel  said,  that  sir  William  Waller 
an  aooount  of  the  business  in  the 
of  Mr.  Hunt,  and  aeveral  others ; 
thtal  when  he  had  acquainted  the  king 
the  kinp^said  he  had  done  him  the 
e  of  service  that  ever  he  had  done 
life,  and  gave  him  a  great  many 
but  he  was  no  sooner  gone,  but  two 
told  him,  the  king  said  he  had 
aU  his  measures,  and  Sie  king  would 
off  one  way  or  other :  and  said 
te  the  deaign  was  against  the  Protestant 
LndL  and  Pratestant  Pvty.  Mr.  Hunt  con- 
iiUM  the  same  thing;  and  added,  that  he 
sad  tiw  deaign  was  to  contrive  those  papers  into 
As  hands  ofthe  jieople,  and  make  them  evi> 
of  rebellion  ;  and  appealed  to  sir  Wil- 
WaBcr,  who  was  present,  whether  what 
hi  said  was  not  true  ?  Mr.  Bethel  said.  Eve- 
fd,beftre  he  had  seen  Bethel,  or  heard  him 
^pak  a  word,  put  in  an  information  fif  treason 
^pawl  him,  at  the  instigation  of  Bethel's 
■srtal  enemy;  which  information  was  so 
MmdksB,  that  though  it  was  three  years 
Mftie,  vet  he  never  heard  a  word  of  it  till  the 
vMiiy  before. 

'  lbs.  WaU  aaid,  Fitzharru  had  250/.  900/.  or 
Um,  for  bringing  in  the  lonl  Howard  of  Es- 
;  she  added,  that  FitKharris  was  looked 
Is  he  a  Boman  Cathbiic,  and  upon  that 
it  was  said  to  be  dangerous  to  let  him 
IpBsv  the  king  ;  that  he  ne>  er  was  admitted 
fo^ekiag. 

'  ne  hrA  Oeaway  saU,  that  the  king  had 
iaoBOBci^lhal  Fitzhanris  haffbecD 


rard  loM  him  Ihe  Ubel  was  to  be  printed,  and    libel,  and  a  Jesuitical  design  ;  that  the  eicusa 
to  be  sent  abtHil  by  the  penny-post  to  the  pro-     he  made^  as  if  Everard  drew  him  into  it,  or 

trepaimed  him  into  it,  was  in  vain,  nothimp  of 
that  being  proved.  That  Everard  could  do 
nothing  alone,  and  therefore  sir  Williaiii  WaHsr 
must  M  in  the  contrivance  ;  but  that  was  nn^ 
likely  :  that  the  prisoner  would  insinuate  that 
the  king  hired  him  to  do  it,  because  the  king 
gave  him  money,  but  tluu  was  out  of  charily  ; 
and  dierefore  concluded,  with  a  great  manjr 
words,  that  an  English  Protestant  jury  of  19 
substantial  men  could  not  but  find  tne  prisoner 
Ouihy. 

The  Court  added,  that  though  Dr.  Oatw 
said.  Everard  said  it  was  a  design  ofthe  Court, 
and  was  to  be  put  fin  some  Liords,  and  into 
some  parliament-men's  pockets  ;  yet  Everard 
was  there  upon  oath,  and  testified  no  such 
thing  in  the  world  ;  and  for  the  Impeachment 
in  the  liords  House,  they  were  not  lo  take 
notice  of  it. 

After  which  the  jury  informed  the  Court, 
that  they  heard  there  was  a  vote  in  the  House 
of  Commons,  that  the  prisoner  shouU  not  be 
tried  m  any  inferior  Court :  to  which  the  chief 
justice  said,  that  that  vote  could  not  aher  the 
law,  and  that  the  judges  of  that  Court  had  oon- 
forence  with  all  the  other,  judg^es  concerning 
that  matter;  and  it  was  the  opinion  of  all  the 
judses  of  England,  that  that  Court  had  a  juris- 
diction to  try  that  man.  After  which,  justice 
Jones  was  of  opinion,  that  if  he  were  acquitted 
on  that  indictment,  it  mi^t  be  [ileaded  m  bar 
to  the  impeachment ;  and  justice  Ra3rniond 
delivered  bis  opinion  to  the  same  purpose.  It 
is  strange  that  all  the  judges  shoukl  be  of  that 
opinion  ;  yet  before  it  was  said,  jwrtioe  DoUben 
doubted.  It  is  nioro  straiij^  that  if  justioe 
DolUrn  was  not  of  that  opiiiu>n,  he  would  hear 
it  said  lie  was,  and  not  contradict  it  It  is 
most  strange,  thatii'the  Judges  of  that  Court 
were  of  that  opinion,  they  had  not  declared  so» 
in  the  arguing  or  giving  judgment  on  the  Plea  ; 
for  that  was  the  matter  of  it,  being  pleaded  la 
the  jurisdiction  ofthe  Court,  that  tbey  had  not 
power  to  try  the  prisoner  for  tliat  crime,  as 
circumstaiuted. 

If  the  Plea  bad  been  over-ruled  as  to  the 
matter,  none  would  have  been  so  imj>ertinent 
as  to  go  about  to  maintain  the  form  ot  it. 

Now,  to  say  truth  in  behalf  of  the  public, 
and  not  on  beludf  of  Fitzharris,  tlie  evidence 
was  unfairiy  summed  up ;  for  Fitzharris  never 
pretended  Everard  drew  him  in,  or  nas  t» 
trepan  him  :  it  is  tnic,  heanked  Everard  what 
the  design  of  the  pamphlet  was,  and  whether 
he  was  or  not  put  upon  it  to  trt^pan  otliersT 
Who  anawcrcd,  he  was  not.    But  aftenvanls 


439]  STATE  TRIALS,  33  Chablcs  II.  i6Sl.--Proctidingi  agminH        [440 

lieinc  too  neariv  prp«ed  by  the  Attonwy-Ge-  tention  to  pretend  to  the  king,  that  he  bad  hi- 
neral,  be  said,  titzharriii  told  him  the  use  of  terccpted  a  libel  privately  diaperaed ;  and  ta 
the  libels  were  to  disperse  them  he  kneB-  how  ;  |  make  it  more  hkely,  it  should  be  fiamed  in  the 
that  thev  were  to  be  drawn  in  the  name  of  the  '  Nonconformists  names,  to  make  bis  report  the 
Noncontbnuists,  and  put  upon  them.  And  more  credible  (for  of  papista  or  church-men  it 
Gates  said,  Everard  said  the  libels  were  to  be  i  could  not  be  believed),  to  set  nnore  raoiiej^  of 
printed,  and  sent  abroad  by  the  penny -jiost  to  the  kin^  ;  and  that  matter,  by  all  his  question 
the  protc8tin<;f  liords,  and'  leading  nien  of  the  ■  to  the  vritoenea,  he  most  droYe  at :  and  tbtt 
House  of  Summons,  and  the  persons  seized  ,  would  at  most  be  hot  a  cheat. 
with  them  in  their  pocketH  ;  which  is  all  strong  '  A  more  criminal,  but  leas  credible  construe- 
e%idence  that  the  libel  uas  desipied  to  trepan  •  tion,  is  to  believe  he  designed  to  disperse  thao, 
others ;  and  that  was  all  along  the  import  of  to  excite  and  prevail  upon  the  discontented  to 
Fitzharris's  questions,  tlimigh   cunnin^y  not  \  take  up  anns. 

answered  by  some  of  the  witncKses.  and  as  i      For  what  effect  had  that  pamphlet,  wbea  it 
<ninningly  omittiil  in  summing  up  the  e«  idencc.  |  was  (for  it  was  afterwards)  dispersed,  upon  the 


It  is  true,  the  chief  justice  said,  Kverard  i^miucb  of  the  peofle?  Or  what  effect  could  tn? 
said  no  such  thing  as  Oatcs  had  said  ;  but  whv  |  man  of  sense  tliink  it  could  have  ?  For  thougb 
.was  not  Everard,  who  was  then  present,  asked,  t  it  was  a  virulent,  yet  it  was  as  foolish  a  ooa- 
whether  he  said  what  Ontes  had  given  in  evi-  \  trived  libel  as  ever  was  writ ;  yet  I  own,  if  it 
dence  ?  "  |  hail  been  writ  and  dispersed  with  that  denga, 

TlitYc  cannot  be  shfnvn  any  precedent  where  •  it  had  been  high-treaaoD  within  the  statute  of 


a  witncsK  cuntnulicts,  or  nivs  more  or  less  tluin 
a  witness  that  went  befnre  him,  by  the  hear- 
ty of  that  witness  ;  but  the  first*  wimoss  is 


Edw.  3. 

But  the  most  natural  construction  of  Ibe 
worst  design  of  it,  u-as  to  trepan  the  pariia- 


asked,  what   he  savs  to  it  ?  Why  was  n(»t  sir  ■  incnt-men^  and  make  the  libels  evidences  of  a 


William  Waller,  v\m  was  also  present,  asked 
what  he  said  to  the  oidencc  of  3Ir.  Mansel 
and  Mr.  Hunt?  And  who  it  was  that  in- 
formed sir  William  what  the  kintr  said  ?  It 
was  no  way  in  proof,  nor  pretended  by  Fitz- 
harris,  that  any  person  was  «*oncemrd  in  that 
matter,  but  £\eranl  and  Fit'/harris,  though  it 
was  shrewdly  sn^pcctctl  by  the  Hon.w  ofC'om- 


rebellions  conspiracy :  this  Everard  confewt 
Fitzharris  tctld  him  u^s  tlie  use  to  he  made  if 
them  ;  and  Everard  could  not  know  the  deaga 
of  them,  but  by  what  Fitzharris  told  him.  Am 
Gates  well  explains  what  Everard  meant  ky 
the  wonis,  in  his  evidence,  *  put  the  libel  la 
*  the  Nonconformists,'  by  what  Everard  told 
him. 


miins  ;  and  no  man  ihut  reads  th*  trial,  but  j  But  yet  even  that,  though  in  itself  thehigb- 
belicves  tli«:rt  wc-ir  many  more  con(>erncd  not  «  est  criiiie  a  man  can  be  guilty  of,  next  puttiag 
vet  dLsrovert'd  :  but  the  counsel  initrht  have  it  in  execuliou.  is  but  a  conspiracy  ;  which  was 
bnuightin  any  juHtr«MirtlK'<'ourt  by  the*  head  I  inildlv  iMinishe<l  in  I^neaud  Knox  thdrcase, 
and  HhouUlers  to  Ih-  a  ronttnlerait*,  hk  will  as 
sir  \>illiam  Waiter,  who  \\as  a  Jark-a-lcnt  of 
their  own  setting  up,  in  onler  to  knock  him 
■down  again. 

It  was  not  pretended  by  Fitzharris  that  the 
king  gav€'  hint  any  money  to  frame  that,  or  any  I  have  punished  it  in  tin?  manner  it  waspimished; 
other  libel  ;  there  w:u»  evidenct\  that  he  had    which  vet  the  hgislaii^i:' vower  ought  tortsent 

t  mont'y  of  the  king  tor  some  little  matter    as  an  iiijur]^'.  f«»r  an  iiiftrior  Courtis  suatchiiuf 


P" 
though  this  exceedeil  that ;  that  being  a  design 

only  atifainst  one  persi>u,  this  against  many. 

Vet  though  this  was  of  no  hi<^licr  criine  bj 
the  law,  as  now  established,  than  a  misde- 
meanor, it  \«as  fit  for  the  legislative  power  to 


'  dence  taken  in  thi*  Itest  sense,  is  no  treason ; 
thouLTh  the  liUl  should  in  all  probabiliiy  inrile 
the  subject  to  levy  w  ar,  which  it  was  not  likely 
to  do,  or  if  ill  fact  it  had  been  the  cause  of  a 
rrltcllion,  yet  if  it  w.is  not  designed  by  the  coa- 


lie  was  ein[doYrd  in,  perhn|is  for  bringing  in  1  the  exercise  of  that  jwwer  out  of  thc»ir  haads. 
libels  <!iKj>ersf<I  abniad,  or  distNi\mnir  I'lots.       I  which  only  belongs  to  the  supreme  authoritv. 
Upon  the  Hh<^le  evidence,  it  was  plain  that  |  That  this  crime.  u|.on  eonslniction  of  the  en- 
Fitxharris  was  an   Ijish    papist:  it  was  plain 
he  was  the  only  visible  contriver  <\\  the  lib«l ; 
who  were  behind  the  curtain  is  not  plain,  and 
to  know  them,  was  the  design  (dthe  impeach- 
ment. 

Itivasplainit  wasndevili*ihje<:uitiraldesirrn.    trivertothat  piir|»osi',  it  was  not  treason  by 

as  the  Court  and  eoun^-l,   in  siiunuing  up  the  I  the  statme  of  Kdward  3,  or  Charles   2,  for  is 

■*kirrK^r'  ^ii'^'^l  it  to  |»e  ;  it  w.i<i  pl.iin.  that  :  the  la<t  statute,  it  is  design inir  to  levy  war,aiid 

■the  libel  was  such,  that  if  ilispersi  tl  with  inten-     in  tiie  statute  of  Kdward  .^  it  is  a  strained  con- 

*r*l*  d  wT  "'^  ^'^^  kinir's  suiijectN  nnfniii^t  him.    itnirtion,  to  ninke  dtsi^ninir  to  le\y  war,  tret- 

the*l^th    "  ^J''^*':^'"'^'*'*"  within  the  statute  of  \  son;  yet  none e\ or  preUM ukd  to  strain  the  sense 

th<>  ^    #'•*  ■       *^"'*^  •  ^"*  ^'*'"'  ^^"^  intention  of    of  that  statute  fail  her  than  designing  to  doit. 

^^^^nirnirur  of  the  libel  w.i»j.  v.as  nut  %ery         If  the  ill  effects  tlie   liiiel  <liil,  or  might  pn>- 

crimeof  i?"    '"'■"^'««"*'»  wnsequejitly,  what  the    dtirr.  niaile  it  treason,  then  sir  Saniud  Asilrey 

To  lake  th^^"  ^-T  ""^*'^^"*-  I  ^*li'^  »^*a<l  it »»  *^^^^^  ai  the  trial,  and  the  printer 

desisni  nf  lu  *  ^»«'enei:  all  the  w  avs,  ,is  to  the  !  that  afterwards  printeil  and  published   it,  ainl 

«M*  ^oi  inc:  contnvinLr  of  th;'  lih,  I.  it  is  ca-     sir  ^>  illiaui   WaK.r  \vh(»  read  it  i.»  My.  Hunt. 

^nictkm  i«  A?^  ^m«^-prt  te»l  ;  the  easimt  Ci^n-  |  and   oih<-rs,   wen-  irniltv  of  Treason  ;  for  the 

•^  "^^^-^^  hctrwiifda  Ubel  v.iih  iu-  .lih.l  carried  no  vc-nom  or  charm  with  it  lb« 


Ill]         STATE  TRIALS,  33  Chablbs  II.  l6&l.— Edward  Fitiharru, 
un.  Inr  beiii|[  Trained  by  Fhz.hanii  «r  EreranI, 
"!!'r^  Publish.-d  \>y  either  of  them,  tlian  if 


**  traitor  ii 


f'^f^.h'  ■n»«her  pereon.  I 

llw  4BWrei,ccis,  Astrey  reaJit  Blou<l,»ahis 
■I'T.  Ihepniittr  nriouJiuirttmblUhed  it  for 
"!'''*"';^'lli»m\Valler published  ilBs  a  no- j 
J^'  ™  »'  FitzharriB  ci)iilriTeil  it,,  to  put  it 
T»  "»  UDUcutilunnist,  or  narliament-nten, 
.TH'  "^^  "P  *  w;bellion.  tlii.ugh  it  tended 
^^  U":  III  coiweqiienees  menUouol  iu  his 
■*«-B«t,  yet  it  ;;2iKrt  treason. 
J^'lwilU:  unred.hOH-  uliull  Filzharris'H 
^?^'?epTO*efr  It  was  a  lueKtion  which 
u^J"  7'*S"ty  flutter  in  arguing  the  plea. 
«t!k^*  **  PTQ»«i,  that  the  impeadiment 
w  Uw  same  treason  for  wliith  the  iiidict- 
~^  ■  But  in  the  trial  of  Fitzharris,  that 
j™""»»  fully  clwred;  for  it  htw  proved 
„  V™  the  Tery  libel  then  produced  in  court, 
"*'««ne  libel  read  in  the  House  of  Com- 
^T*  **'''^'»  the  irapcachmeutwasToted. 
«"  to  ^y  truth  iiotluii(r  can  be  put  in  issue, 

■  rapaMc  of  trial:  auauniuioatbiniria  done 
2^^_«.tsofo  design,  is  one  of  tie  main 
'^'■™  -     or  to  Hpesk  IQ  law  phraK,  whellier 

lori>  or  not,  an  adverb  of  HTcat  uxc 
lafc  Jfj^^eh  heretofore  slighted  ;  and 
*ilUw^  '  Wieve,  a  g-rent  many  persons 
^iDSf*T?^*"*l'e'ttr  themselves  from  be- 

A!^     .y  tlie  Lw  eslaWished. 
B^j^JJ^will  pretend  that  libd  did  any  mnn 
«»^fca^ ."•6  contriver;  nor  in   probabihlj 
tttnti  ttlrf  ""**•   '^  ""*  ""^l  *»  '•'«  purpose 
*^Kirilhr!J*  **"*■■   VrtotherptTrsonsliave 

?**«a5«l*'?°""'  t«  'reason.     I  ilarc  say, 

■  ^ti^'  "^  ^y  ilisturbed  tlw  bintrdiiin 

^1  of  .i.^'*»trueof  ibem,  aitdthcyai'c 
"  *SS'**'Btioni  luicd  in  indirt- 

'"  Mme  of  inany ;   diil  it  not 

By   wart-burning   in   tite  city 

■  STP*"*'  "^^  rinsed  g«M  jca- 

__J<«i|lii[Hf  and  |ieopk-,  wlicn  the 

Wwa"'^''.'     •  "''^'*  imposed  <in  tlie 

B  rt^j«?'*''''jr  away  the  city's  rijfht 

l»d^"*'«>Jlf»<:«u«pieions  fw  wTial 

__  ^wll^'^^tlic  illegalities  that  fiil- 

■  g2»  ffkJJL"'-  t6.  be  law,  ns  it  halh  nn 
■I'5Pi*iw\?^.'''»«  (fraud  juries  rutnmni 
^^J^t^nJ  '"*'*  in  tact,  but  not  in  right, 
g^^u  O^ridWM  ou  their  present- 
^t^^CT  *?"  '"'<'•  «ivn  great  distur- 
^^^■^fcj*'"  *«*^'*"'  to  be  coiinte- 
'■MCoke'»  flUnl  Instit.  tul.  .'la. 
V"»e  lltb  of  Henry 4.«nd 
niM  RuHel'H,  and  other  at- 


[442 
of  the  mischief,  tlie  bringing  the  Quo  Warranto 
lucainstihe  city,  whereby  tie  credit  of  the  dty 


was  IiMt,and  many  orphans  star  ved, and  more  iit 
poverislied,  beyond  the  pussibilitv  of  recovetyr 
And  it  was  yet  hcij^htened  by  the  juilgmeut 
given  in  llie'  highest  case  that  ever  came  into 
Westrainster-hJl,  by  In  u  jiidifps  only,  and  that 
without  one  word  of  reason  given  at  the  pm- 
nouncln^,  accoiiling  to  the  |>nllem  of  Fitz- 
harris's  ease,  and  ivas  the  weond  mutojudfr- 
inent.  Did  it  not  fright  all  honest  men  from 
being  on  criminal  juries ,  when  Wilmer  was  m 
illMfally  prosecuted  for  not  giving  a  verdict 
against  his  conscience,  by  an  hamine  replegiando 
and  information  P  And  did  not  that  make  all 
merchants,  who  had  transectiDns  beyond  sea, 
afraid  to  »enA  their  servunts  thither,  for  fear 
they  might  be  laid  by  the  heels  till  they  fetched 
Ibem  back  (^iii  ?  IJid  it  not  startle  the  Lords 
A  the  leading  men  of  the  House  of  Commons, 
mcntioneil  so  often  in  Filzbanis's  trial,  when 
theeart  of  £ssex,  lord  llussel,  colonel  l^dney, 
Mr.  Hampden  and  several  others,  were  clap- 
ped up  close  prisuuent  in   the  Tou-n-?  Diclit 


great  and  nolde  timiilii's,  when  the  bird  h 
and  colonel  Sidney  «'crc  so  illegally  and  un- 
handsomely dealt  withal,  as  shall  be  hereaAn 
declared  f  Did  it  not  provoke  allUie  nation, 
except  the  clerjy  and  soldiery,  wlieo  all  the 
charters  of  England  were  seized,  and  not  re- 
granted,  bill  at  cxccssiic  rates,  to  tlie  starving 
(be  pour,  who  sliould  have  been  fed  with  (he 
money  which  went  to  purchase  the  new  char- 
ters, and  reserving  tlic  dispo»tion  d*  ell  the 
places  of  proUt  aud  power,  within  the  new 
coriMirations,  to  the  king,  hut  which  indeed 
the  cvufeilnatuH  shai-cd  among  themselva? 
Nay,  lite  vory  election  of  buigesses,  (be  free- 
nesi  «!' which  is  the  great  fundamental  of  the 
government,  was  nioiio|Hili:eed,  and  put  into  a 
lew  hands.  Did  not  the  nnroasonalile  lines  and 
cruel  pnniidiinunls  inflieti^d,  onprcss  many, 
li  ri'ily  all,  anil  eniHenuciilly  made  the  govem- 
'nt  ■•dious  to  the  sulypct  f  Did  not  4he  cntel- 
<  ailiil  in  the  tVest,  innagc  above  a  third 
part  of  the  nation?  Did  not  the  turning  out 
lUiiny  i>f  the  soldiciy  and  cb.'rgj',  witbinit  any 
reos'in;  andfor  that  purpose  erertiiig  arbitrary 
einuts,  aud  granting  dlsjiensatioos  to  pi^snns 
hy  hiw  dtsabb^,  tii  rnable  them  ta  have  and 
enjov  tlie  pluces  aiul  iiliiccs  of  such  as  were  il- 
bgally  tumol  out,  aiul  of  all  wIk>  should  be  in 
like  manner  lunKil  out?  And  was  it  not  seen 
what  the  coiiseipii-lices  of  tlioic  thiiigs  would 
be,  by  nil  who  did  not  wink  their  eyes,  or 
who  were  not  hlimUil  by  tlie'  jirodt  they 
— '-  of  such  illegal  and  crari  acts  ?    Wai 

of  what 
allerwards  happened P  Anildidhei 
than  a  month's  lime,  when  too  late,  throw 
doini  all  tliat  Babel  of  confusion  n  hich  had 
Vhi  M  long  a-building?  and  did  all  in  hir 

md  would  bavedpne  biotc  if  he  could) 


4tt/i        srfAn'TRIALS.SSCBAti.uir.  l6sl^iV«Mi;A^4g««MC        lUi 


to  ha»c  let  things  as  ripW  as  tltcj  wwc  Hefbre 
tfcr  pfuiixmf-nt  of  Own  f  fnr  from  tbntcr  the 
ntraTwandestaayb^dfiWit.  Bnt  nlas!  more 
iDischibt  can  be,  and  wai  done  by  week  bmins, 
than  the  best  wils  km  t«trieie ;  (bme  ihat 
w«re  d«uT  cotrli]  not  be  broiighL  to  lilc ;  tho 
teslitoiwnoflberitj's charters  wasbutigiiheM' 
Ki^ef.  llot*  shall  oil  those  ddendthenuelTeil 
vlto  hare  acted  under  all  the  iQegai  abmll» 
cmslilutcrt,  and  not  decteil  ?  How  shall  thwe 
defend  ilicinselves,  nho  have  acted  under  olfi- 
Mn  u]>i>oint'4  by  tlie  ticw  cbsrten,  -wlilcli  by 
(he  resiitiilion  are  cnneaa  if  they  apt  er  half 
beenf  Ilow  shall  KhaiRs,  gaolers,  aud  other 
Offit«n,ifbo  hine  liad,  or  now  have  custody  of 
prisuaen,  and  havhig'  not  taJcen  die  test,  trtiat 
to  the  vttUdilJ  of  o  dispense,  bdiave  thein- 
selve*?  Shall  they  cotHinue  to  keep  tbeir  |(ri- 
■unera  in  custody,  or  let  them  goT  If  the  ta«t, 
they  are  sul^eet  to  actions  of  esc^  ;  ifllie 
first,  they  are  liable  to  Iklse  irapnionment. 
These,  taid  a  creat  wany  uiore  niischiefs,  not 
yet  wen,  are uie  natural  resulta  of  tbeveillegal 


ielioii 

titerer  reflect  on  these  tbint^,  hut  I  TemeiU' 
ber  TuUy.  in  hia  Offices,  lays  doirn  as  a  mlc, 
^t  nothing  is  prodtafale  but  (rhat  is  honest, 
bod  gives  many  reasons  for  it ;  bat  notliing  sc 
amvincins,  av  the  exaniptis  he  brines  in  pid>- 
licaodpntate  matter).  And  thou^^h  the  ein- 
kibB  «H  VMt,  tai  be  bore  a  great  figure 
B '  it,  and  wu  verv  knowing,'  and  tvas 
ihil  read  in  the  Gterkand  Roman' histories, 

et  he  VMitot  able  to  bring  a  hundredth  part  uf 
■■i^H,  to  prove  hia  position,  as  baie  been 
In  tku  little  itland  in  tlie  space  of  dght  yoant. 
And  dw  penons,  by  whose  tuJviec  the;c  things 
were  tnancted,  are  the  more  inexcusabli^,  it' 
it  be  true  whet  a  certain  nobleman  (who  bore 
a  eoUHderable  character  in  tlie  tivo  late  kings 
tnmaX)  once  «aid  to  me  vi^ib  true.     He  was 

.complaining  that  the  king  was  misled  by  the 
advice  of  tuB  lBW|yer8.  1  asked'him  whether 
thckhig  putbisjudgetandcounsi'l  upon  doing 
what  was  dune,  without  cim'-i'lering  wbnherit 
was  legul,  as  the  common  vt^uv  was  he  did  ; 
or  that  his  lawyers  first  advised  what  to  be 
done,  wu)i  Uw?  lie  answered  me,  on  his  ho- 
nour, the  king's  counsel  al  latv  first  advised, 
the  king  might  do  by  law  what  iic  would  have 
done,  Mfore  beoonmisn.leil  them  to  doit. 
Yet  I  agree,  non?  oi"ihc  matltrB,  though  m 

inconvenient  and  i;ricT<<i]s,  ore  treason  by  the 
(,Utnl*'SofEd.3.orCDr,  M. 

I'nr  profit  in  some  cases,  revenge  in  others, 

Ibc  ciiileavnuring  means  to  escape  puniKhment, 

and  a  natural  propensity  to  cruelty 

vitw  (he  true  ends  driven  at ;    Bi 

Vingiitiftlicir  prince  into  the  hatred  ofbia  anl^p 

.jccts,  though  that  was  a  nectsiory 

of  all  recited,  and  of  many  iiiiiri 

ted.     And  U-t  Fit/harris's  crime 

cil''d,  be  but  examined,  his  v-ai 

dillotolbe  least  of'thoscj  tbo 

acted  by  an  Irish  papist,  and  tli 

iirotestants,  sons  of  the  dmrch 


ibon^  I  donTil,  not  u 


vpntaeleti 


lord  Rnssel  said,  words 

laughter   to  those  who  brot^lit  Um  to  Ai 

IliU(botq;hnettlierFAbanii'Benme,ldMi 
in  the  laat  aeose,  nor  the  nbore  crimMj  wtn 
bigh-treBMn  byanyatatoM;  and  Av  julfu 
have  not  wnnr  topiHMhMijt  ed)«toaaMMi 
>etiR  all  flmci  Ae  parlMUMli ItwegwalM 
and  It  ii  wfcwwilj  iiuMf^  to  al  anraM 
tHiwers,  in  all  ^tramf^i  to  aaact  er  Jtimt 
cxtravGoant  onmei  tofae  «eator  Am  hj  HH 
eatnUialiBdlawtlMvatedMkradtolw,  Mth 
limieofUiaehanintlnatoMeerEtwMidi 
third,  Wbenlor  aoBie  haiie  ^  BAMake  Aiq|h 
that  a  powet  w«i  ntenU  to  the  jliiii—i «  M 
d«dan!  other  matters  tteaaoa  (fan  wfatt  ll 
therein  expressed :  For  admit  that  Am  M 
been  admitted,  there  are  none  caBdeaKtM 
in  point  of  power,  the  parli  MWt  tmMffim 

fir  m  justioe  tliey  taUkl,  k " "*"" 

have  declared  aiiji  ilfin  in 
and    tiie  worda    of  that   < 
improper  expreadon,  dtbcrto  i«at  w  ton* 
a  iiower  io  the   pariiaami  t  ftr  fte  wmii 
are    only    prohlbitoij  to  tbe  jolgn  to  ll- 
judge  any  other  luatten  tWMMi  Umi  tttt 
expressed  in  tlie  act,  Ibontfhtfaey  wo*  M^ 
what   like    those   expreaMd;   and   tkciiAn 
miij^ht  be  supposed  treaaoos;  and  it  is  a  Mrt  if 
monition  to  oflenders,  that  tbey  AmU  Mt 
prcsnme  to  be  guilty  of  enonn(m*criiDei,nai 
jircsiimption  that  they  wen?  nut  treasons  witbia 
tiiat  act.  Forio  the  preamble ilissBi<l,becuBe 
many  othtrr  hkc  caset  of  treason  (which  in  Mam 
are  caiws  like  treason  iteclareil  in  thai  tO)  imj 
happen  in  time  to  come,  which  coiiM  not  be 
ibnu^^ht  of  or  dednred  at  that  prcseirt ;  Attt- 
fifTe   if  a[iy  such  should  happen   befiMetay 
justice,  the  jnslitv.  should  tarry,  and  not  pro- 
ceed In  give  judgment  of  treasnu  on  it,  ^  it 
should  DC  juJged  in  parliament  treason  or  ft- 
lony.     How  well  llie  judges,  in  laie  days,  h*F> 
obsrrved  this  praliilHtory  law,  let  tbe  w«Hd 
jndge ;  and  mn^t  cntamly  the  poriiament  migkl 
have  declared  in  Fitzhams'sensi?,  as  they  wj 
in  those  other,  that  the  crimes  were  treawm, 
felony,  mis|>rtsinn  of  treason,  trespass,  or  wkB 
othrr  crime  kuown  in  the  law,  and  infiict  "kil 
piiLitshment  they  thought  fit :  and  it  is  no  iii- 
juitico  for  the  supreme  )>ower  to  pTiiiish  a  fid 
■n  a  higher  manner  iliaii  by  law  estatdiiJwit  H 
the  Act  in  its  nanire  is  a  crime,  and  the  or- 
camMinceB  make  it  much  more  heinoos  *M 
ordltiarilv  siieh  crimw  are,  It  wMnotiojilMiM 
ill  Ihe  porLamtnt  of  the  sctimd  •iidOiirdW 
I'hihp  and   ftlary  Io  enact,    Ihitt  SimlJj  mtf 
otliers,  wfto  wm  supposed  to  b«  H 


445]  STA'TC TRIALS,  33  Cmablss  IT.  iCAU-^Edivard  Fltzharris.  [446 


u  transporting  wool  beyond  sea,  and  the  like, 
voold  be  high  u^isttce. 

It  has  already  (In  a  Note  to  p.  836)  been  inti- 
mated, that  thifl  Cose  of  Fitzliarris  presents  ano- 
ther proof  of  the  anseitledness  and  irregularity 
of  the  *  Lpx  ict  Consoetudo  Parliainenti.'    In 
Ihe^'vpute  which  occurred  in  the  vear  16729 
eoBcemhiff  the  right  of  tlie  Lonfs  to  aher 
Money -DdU,  they  required  to  see  the  "  charter 
•r  contract  by  wnich  they  had  divested  them- 
ttlras  of  thai  right,  and  ajipropriated  it  to  the 
Commons  with  an  exclusion  of  themselves  ;*' 
to  whii^h  requisition  the  Commons  prayed  they 
loifffat  "  answer  by  another  question,  Where 
iittat  record  or  contract  by  which  tlie  Com- 
IMBS  submitted  that  Jiullcature  shuuld  Itc  ap- 
propriated to  the  Lords  in  exrlusion  of  them- 
ffhres?  Wherever  your  lonlvhips  find  the  last 
leeonl,  they  will  shew  the  first  indorsed  uimu 
the  back  of  the  same  Roll.**     It  may  be  qiies- 
lioned  whether  this  conceit  was  woitli}'  of  in- 
tnduction  into  a  solemn  debate  bc-twcen  two 
gnat  leipslati^'e  bodies  coDccminp  some  of 
Smr  moBtt  important  rights :  and,  atler  all,  the 
jot  possessed  not  Uic  indispeiisible  reqiiibito, 
Doveny  :  it  Ti-as  merely  a  rcpetitinn  of  the  old 
jocular  call  uiion  the  Pope  to  ])roiIuee  Con- 
ftutine^a  Grant  of  the  Pai»al  Patrimony.    Mr. 
i/atsell's    ibur  volumes    (but    csporiully  tlie 
9!oA  and  3rd)  of  *<  Precedents"  abound  in  proofs 
of  the  unsettledness  and  irregularity  of  this 
'  Lex  eC  Consuetudo,*  with  respect'  even  to 
matters  of  most  eswntial  import,  such,  for  in- 
itukces,  afl  whether  and  to  what  extent  tlte 
Hovie  of  Commons  is  a  Court  of  lleconl  (s^^e 
voL  3,  c  4)9  wliether  the  llonse  of  Comivcrs 
can  administer  an  oath  (see  vol.  %  r.  10).    1  lis 
ehsemtiDns  upon  tliis  last  sii1ii<>ct,  he  r<in- 
clodeswith  a  very  salutary  and  niiunonibU-  rr<t 
flccCiQa :  ^«  I  trust,*'  ssiys'he,  <'  tlitit  the  House 
of  ConunoDS  having  de^iste^l  no^v  for  mi  <rroat 
t  loigth  of  time  from  taking  fuiy  even  the  nHtst 
iolaan  examinations  upon  o:itfi,  it  w  ill  xw.wv 
be  prapoaed  to  recur  to  that  mea.siire  aj^iifHiti,  u< 
itia  bigfaly  essential  in  this,  as  ^ell  us  in  i'\ery  | 
qAnt  part  of  theur  conduct,  tlsat  the  House  of 
Gmudmos  sliould  not  appear  desirous  of  e\- 
aecding  the  limits  of  then:  u  ok  mm  I  edged  au- 
tMtj;  ar  of  going  beyuud  tU(»se  buuncls  which 
VCHt to dieir  power  'by  the  biw  and  consli- 
liinaf  the  country." 

.of  Gluitliam  vrrv  indi^antly 
Aa  doctrine  of  the  indefiniteness  of 


Mritee  of  Parliament.    In  re- 
Bidi  or  the  first  cari  of  Mans- 

10  of  dK  English  kvB  are 

bo^  «re  founded  in  reason, 

•0  of  the  human  nnder- 

diot  I  would  kwk 

not  in  the  com- 

Tho  noUe 

Ibmuvo  not  in  what 

lotohofimad;  diat 


judges,  have  no  law  to  direct  them  but  their 
own  wisdom ;  that  their  decision  is  Uw  ;  and 
if  the)'  dctennine  wrong  the  subject  has  no  ap- 
peal but  to  Heaven.  What  then,  my  lonui, 
arc  all  tlie  generous  eflbrts  of  our  ancestors, 
are  all  those  glorious  contentions,  by  which 
they  meant  to  secure  to  themselves,  and  to 
transmit  to  their  posterity,  a  known  law,  n 
certain  rufe  of  living,  reduced  to  this  condu- 
siou,  *  that  instead  of  the  arlntrary  power  of  a 
'  king,  we  must  submit  to  the  arbitruiy  power 
*  of  an  House  of  Connmous?'  If  this  be  true, 
what  beneiit  do  we  derive  from  the  exchange  ? 
Tyranny,  my  lords,  is  detestable  in  everjr 
shape ;  but  in  none  so  ibrmidable  as  when  it  10 
assumed  and  cxcrciseil  by  a  numbei' of  tyrants. 
But,  my  kmls,  this  'm  n'ot  the  fact,  this  is  not 
the  constitution  ;  we  have  a  law  of  parliament, 
we  have  a  code  in  which  every  honest  man 
may  find  it.  "We  have  Magna  Charta,  we 
have  the  Statute  Book,  and  the  Bill  of  Righti. 
If  a  case  should  arise,  unknown  to  these  great 
authorities,  we  have  still  tliat  pbiin  English 
reason  \%:fi^  which  is  the  foundation  of  alTour 
Eu;(lish  juri«:pnidence.  That  i-eason  tells  us, 
tlmt  e^ery  judicial  com*t,  ami  every  political 
society,  must  he  vested  uith  those  powers  and 
privileges  which  are  ne«*essnry  for  peribrming 
the  otiice  to  whicli  the^*  are  npjM>inted.  It 
tells  us  also,  that  no  court  of  justice  can  ha^e 
a  i>o>vcr  inc0R5is'tent  ^vilh  or  paramount  to,  the 
kuo>\  n  Ian  s  of  the  land :  tliat  the  pe<»ple,  when 
they  choose  their  reprcsi*ntative8,  never  mean 
to  co:.vey  to  the  in  a  power  of  invHiling  tlie 
1  iglit',  or  trampling  upon  the  liberties  of  tlioso 
whom  th(*y  reprcsont.  \^  hat  security  woiibl 
the^'  have  tor  their  rights,  if  once  tliey  admitttd 
that  a  court  of  judicature  might  determine 
eitTv  question  that  came  before  it,  not  by  any 
known,  positi^  e  luw,  but  by  the  vague,  unde* 
tcTiiiiiiate,  avbitmry  nile,  of  what  tlie  noblo 
Io:d  is  ploasetl  to  cml  the  wisdom  of  tlie  court  P 
^ Villi  respect  to  the  decision  of  the  courts  of 
justice,  1  am  far  fntm  ileiiying  them  tjioir  due 
uiMght  and  until ority ;  yet*  placing  them  in  the 
iiioNt  res|kectuble  view,  I  sdll  ccmsider  them, 
not  as  law,  hut  as  an  eviilence  of  the  law,  and 
beinre  they  can  arrive  even  at  that  degive  of 
aulh<irity,  it  muvt  appivir,  that  they  arelbunded 
ill.  and  confirmeil  by  reason:  that  they  ore. 
fiupnorted  by  precetlehts  taken  from  good  and 
mooemte  tiiiioR  •  that  they  do  not  contradict 
any  positive  law ;  that  they  are  submitted  to 
without  rehictance,  by  the  people;  that  they 
are  unquestioned  by  the  legislature  (which  la 
equivalent  to  a  tacit  coniirmatiou) ;  and  what, 
in  my  judgment,  is  by  far  the  moot  hnportont» 
thai  they  do  not  violate  the  spirit  of  the  oon- 
stitution.  My  lords,  this  is  not  a  vague  or 
loose  expression :  we  all  know  what  the  con- 
stitution is;  we  all  know,  that  the  first  prin« 
ciplc  of  it  is,  that  the  subject  shall  not  be  go- 
verned by  the  arbitrium  of  any  one  man,  or 
body  of  men  (less  than  the  whcSe  legislature), 
-hut  oy  certam  lawa,  to  which  he  hat  virtually 
given  his  oonaent,  which  arc  open  to  him  to  eza- 
minoy  andfiot  beyond  hii  ftlnlity  to  undentaiid." 


447]   STATE  TRIALS,  33  Chahles  IL  l6sl.—7Via/<»/' Dr.  O/ieo-PtoiAel,  [44$ 


278.  The  Trial*  of  Dr.  Oliver  Plunket,!  Titular  Primate  of  Ire- 
land, at  the  King  s-Bencli,  for  High  Treason ;  33  Charles  II. 

A.D.   1681. 


The  3nl  of  May,  1681,  in  Easter,  33  Car. 
Dr.  Oliver  Plunket  was  arraigned  at  the  Kinig's 
Bench  bar  for  hi^h -treason,  for  endcavounngf 
and  comnasfiine  uie  kinjjf's  death,  and  to  levy 
urar  in  Ireland,  and  to  alter  the  true  religion 
there,  and  to  introduce  a  foreign  power :  and 
at  his  arraignment,  before  his  pica  he  urged 
ibr  himself,  that  he  was  indicti^d  of  the  same 
high-treason  in  Ireland  ;;nd  arraigned,  and  at 
the  day  for  his  trial,  the  witnesses  ao-atiist  him 
did  not  appear ;  and  therefore  lie  dt^sired  to 
know  if  he  could  be  tried  here  for  the  same 
fact.     The  Court  told  him,  that  by  a  statute 

♦  '  I  do  appoint  Francis  Tytoii  and  Thomas 
<  Basset  to  print  the  Trials  *of  Edward  Fitz- 

*  Harris  and  Oliver  Flunket,  and  that  no  others 

*  presume  to  print  the  same.     F.  Pembeiiton/ 

t  "  Plunket,  the  Popish  Primate  of  Armagh, 
was  at  this  time  brought  to  his  trial.  Some 
lewd  Irish  priests,  and  others  of  that  nation, 
hearing  that  England  wiin  at  that  time  disposed 
to  hearken  to  good  swearers,  thought  tncm- 
aelveswell  qualified  for  the  employment:  so 
they  cume  over  to  swear,  that  there  was  a 
great  plot  in  Ireland,  to  bring  over  a  French 
army,  and  to  massacre  all  the  Englisli  The 
witnesses  were  brutal  and  prolligate  men  :  >  ct 
the  earl  of  Shaftsbury  cherished  llioiii  nnu'h  : 
they  were  examined  by  the  pariinnit'iU  at  West- 
minster: and  wliat  they  said  was  be]i(M<>d. 
Upon  that  encouragemc  lU  it  was  rirkoned  that 
we  should  have  witnesses  come  o>er  in  whole 
companies.  Loixl  Essex  told  me,  that  thi«« 
Plunket  was  a  wise  and  sober  man,  \^]io  wav 
always  in  a  different  interest  from  the  two  Tal- 
bots  ;  the  one  of  these  l)eing  the  titular  arch- 
bishop of  Dublin,  and  the  other  nii»ieil  after- 
wards to  be  duke  of  Tirronnell.  Thrse  were 
meddling  and  fartious  men  ;  whereas  I'iunkc't 
was  for  their  livini:"  ({uietly,  and  in  due  sub- 
mission to  ilie  govei anient,  without  enL,^a;^nij^ 
into  intrigue*;  of  state.  Some  t»f  these  priesls 
had  been  censured  by  him  ihv  tl.cir  Icvdness  : 
and  they  drew  others  to  swear  as  they  dikTCtCil 
them.  They  had  appeutcil  the  winivr  h(4<M-e 
upon  a  bill  off'  red  to  the  grand  jiir>  :  hut  ns 
the  foreman  of  the  jury,  \^ho  \\:>s  a  ztalons 
Protestant,  told  uit,  they  conii..«iu  led  one  ano- 
ther so  evidently,  tli;»t  they  world  wxi  find  the 
bill.  But  now  'they  laid  their  sto'-y  better  to- 
gether ;  and. swore  a:;rrinst  PhinUei,  that  he 
Ead  got  a  great  bank  of  money  to  be  prepared, 
and  that  he  had  an  w^rnu  listeil,  and  was  in  a 
corres|)ondenco  with  I'nuM'e  to  bring  over  a 
fleet  fnim  tiienoe.  lie  h:Ml  nothing  to  say  in 
his  own  defeni^,  but  to  den\  all:  so  he  wa<: 
condemned;  and  suflered  very  deeentl\,  ex- 
presang  himself  in  many  partienlars  as  Iw^eame 
«  bishop.  He  dicfl  deiiyuiu:  every  thing  that 
had  bMB  •worn  agaia«t  liim.  **    Iluniot,  .oo  .*. 


made  in  this  kingilomi  he  might  be  tried  in  the 
court  of  King's- Bench,  or  by  CommiMon  of 
Oyer  and  Terminer  in  any  part  of  Engfand,  for 
tacts  arising  in  Ireland ;  and  that  this  amigii- 
ment  there  (he  being  never  tried  uuod  it)  wis 
not  sufficient  to  exempt  him  front  being  tried 
here ;  because  till  a  trial  be  passed,  and  there 
be  a  conviction  or  acquittal  thereupon,  an  ar- 
raignment, Imrely,  is  uo  plea :  for  in  such  casci 
the  party  is  put  twice  m  danger  of  his  life, 
which  only  is  the  thing  the  law  in  such  cmh 
looks  atVer  to  prevent.*  He  then  desired  time 
for  his  witnesses,  which  they  told  him  be  oooM 
not  do  till  ader  plea  pleaded ;  whereupon  be 
pleaded  Not  Guilty,  and  pnt  himself  upon  tbe 
country  tor  his  trial.  And  afler  some  conn- 
deration  had  about  time  to  be  allowed  bim  t» 
bring  his  witnesses  from  Ireland,  the  court  ip- 
pointed  the  day  for  his  trial,  to  be  the  ftnt 
\>'eduesday  in  next  term,  which  was  fiiH  five 
weeks  time.      ' 

And.  acconlinglv  on  Wednesday  tlie  8di  flf 
June,  ih  Trinity-l'erm,  he  w  as  brought  to  hb 
trial ;  and  proi'lamation,  as  in  sudi  casM  fl 
usual|  being  maile,  it  proceeded  thus : 

a,  of  Cr.  Oliver  Plunket,  hold  up  tfaj 
hand,  tliose  good  men  w  hicli  thou  shalt  heir, 
called,  and  pei-sonally  np^icar,  are  to  pass  be- 
tween, Sic. 

Flunket.  Mav  it  please  your  lordship,  I 
have  l>een  kept  close  ]>risoner  for  a  long  time, 
a  year  and  an  half  in  prison :  when  1  came 
from  Ireland  hither,  I  was  told  by  |>erBOns  of 
g'Nul  repute,  and  a  counsel'Dr  at' law,  that  I 
e(»uld  not  l)e  tried  here ;  and  the  reasons  they 
gave  me  weiv,  that  first  the  statute  of  Henry  8, 
and  all  other  statutes  made  here  wt^re  notrr- 
cei\t»d  in  Irt^land,  unless  they  were  an  expns« 
ntention  made  of  Ireland  in  them  :  so  that  none 
w(?re  received  there  but  such  as  were  before 
Poyning*K  art.  Si»  I  irame  with  that  iK^rsua- 
sioti  that  I  could  not  he  tried  here,  till  at  my 
arniignment  your  lordshi|)s  told  lue  it  was  d(< 
so,  and  that  I  iiuiNt  be  trie<l  here,  though  there 
w  as  no  express  mention  made  of  In>laiid.  Now, 
uiy  lord,  upon  that,  whereas  my  witiiessc* 
were  in  livland,  and  I  knew  notliiiig  of  it,  and 
the  Kicouls  upon  v/hich  1  very  much  rely 
j  were  in  Ireland,  your  lordship  \i  as  pleased  tu 
u\\\:  me  time  from  the  4th  of  the  last  iiioiilktfl 
this  day  ;  and  in  the  mean  time,  as  your  lord- 
ship had  the  :itlidavit  here  \«'sterdav,  and  as 
captain  Riehardson  can  tistify ,  I  have  not  di^- 
patelu^il  only  one,  hut  two  to  Ireland,  into  the 
counties  rtf  Armat^h,  Dublin,  (&c.  ami  where 
there  wen^  iveonls  >erv  material  to  my  de- 
fence ;  but  the  clerk  ot^  the  crown  woull  nat 
give  nie  any  i-^-py  of  any  record  at  all,  unlefi 

*  S*»e  tlie  Case  of  Whitebread  and  otbetiiA 
this  Collection,  vol.  7,  pp.  79,  311, 


STATE  TRIALS,  53  Charles  II.  iSsu^ar  High  Treaion.  [450 


me  ezpreM  order  from  your  lonbbip. 
licdier  it  were  that  they  were  mis- 
witfuUy  refused,  I  eoulcl  not  get  the 
i^hich  were  very  material  lor  rae.  For 
<#'  those  recom,  some  of  tliosc  that 
e  vrere  convicted  of  high  crimes,  and 
ere  4Mit-lawed  and  imprisoned,  and 
ton ;  and  there  \(  ere  other  records  also 
nunication  against  some  of  them,  and 
Dt  j^the  records,  unless  y4ur  lonl- 
Id  instmct  me  in  some  way  or  other, 
I  get  over  them  that  are  most  mate- 
y  defence.  The  servants  that  I  sent 
mI  took  shipping  for  Ireland,  were  two 
sea,  and  cast  hack  a^rain,  and  from 
ire  ibrcod  to  go  to  Holy-Head,  and 
y-Upad  in  going  to  DuUin  they  were 
days,  the  wiu£  .were  so  contrary ; 
any  servant  went  about  to  go  into  the 
'  Amiagfa  and  Derry,  that  were  100 
a  Dublin  andMoath,  aiid  other  |  laces: 
n  flo  short  a  time,  my  lord,  it  was 
oipossible  fur  them  to  have  brought 
Bses  over ;  and  those  tliat  were  ready 
wne,  woukl  not  stir  at  all,  unless  they 
■  from  hcuce,  because  some  of  them 
Bian  Catlioli<»,  and  they  had  heard 
jome  were  taken  prisoners  thi^  were 
'atholica,  and  that  none  ought  to  come 
a  pass;  and  they  being  witnestieH 
be  king,  they  might  be  clapped  up 
1  brou^t  into  very  ill  condition ;  so 

one  over,  that  made  affidavit. 
/.  (sir  Francis  Pemberton).     It  .was 
vit  that  was  read  here  yestenlay. 
tt.  Sotliat,  my  lord,  I. conceive  your 
irill  think  I  did  it  not  out  of  any  in- 
it  off  my  trial ;  for  captain  Richard- ' 
■«,  who  knows  that  I  writ  by  the  post 
ad  them- to  oome  with  the  pacquet-boat, 

writ  over  to  the  captam  ahcr  tliey 
ded ;  so  that  I  depended  upon  the 
I  the  weather  for  my  witnesses,  and 
mar  lordship's  order  for  the  records  to 
kt  over,  and  that  their  examination 
•brought  uto  court,  and  their  ownori- 
■nination  here  might  be  compareil 

So  I  humbly  beg  yoiu-  lordship^  ta- 
».  case  is  rare,  and  scarcely  happens  in 
idred  years,  that  one  should  be  in  my 
anoes.  I  am  come  here  whei-e  no 
ws  me,  nor  the  quahty  of  my  adversa- 

1  bad  been  in  Ireland,  I  would  have 
rif  upon  my  trial  to-morrow,  with- 
■itncwi  ■,  before  any  Protestant  jury 
m  dwm  and  me.  And  when  the  orders 
»4lat  1  should  be  tried  in  Ireland,  and 
Bmdui  catholic  should  be  u|>on  the 
l«sit  was  in  both  tlie  grand  and  other 
il»lkcnw)ien  I  came  to  my  trial,  ailer 
n%MiV,  not  one  appeaml.  This  is 
tifSB  the  record  and  can  be  proved. 
IK  Thcie  was  no  prosecution  of  you 

M 
m 

Iff.  B«tt  my  lord,  here  is  no  jury  that 

■•  *"  *^^  — alitv  of  mv  aHvcvsarios  ; 


Tin. 


Mt,  ny  lonly  here  is  no  jury  that 
*.ttie  quality  jfi  tiky  adversaries  ; 
til  A  jury  of  the  neighbourhood 

■ 


that  know  them,  and  therefore  my  case  is  not 
the  same  with  other  cases.    Thougli  1  cannot 
harbour,  nor  do-not,  nor  will  not,  norouffhtnot, 
the  least  conceit  of  hard  measure  and  injus- 
tice ;  yet  if  I  have  not  full  time  to  bring  my 
reconfs  and  witnesses  all  tog^ether,  I  cannqt 
make  my  defence.    Some  ^viiere  there  then, 
some  aiar  off,  so  that  it  was  a  mirade  tliat  in 
six  or  seven  counties  they  could  do  so  much  as 
they  did:  But  they  got  in  seven  or  eight  of 
tliem ,  yet  there  were  tive  or  six  wanting.  There- 
fore I  beseecb  your  lordship,  that  I  may  hare 
time  to  bring  my  records  and  witnesse3,  and 
then  I  will  defy  all  that  is  upon  the  earth,  and 
under  the  earth,  to  say  any  thing  against  me. 
£.  C,  J.  liook  you,  dlr.,  Plunket,  it  is  in 
vain  for  you  to  talk  and  make  tlus  discourse 
here  now ;  you  must  know  that  by  the  laws  of 
this  kingdom,  when  a  man  is  indicted  and  ar- 
raigned of  treason  and  telony,  it  is  not  usual  to 
give  such  time ;  it  is  rare  that  any  map  hath 
had  such  time  as  you  have  had,  five  iireeks 
time  to  provide  your  witnesses :  If  your  wit- 
nesses are  so  cautfk>us,  and  are  such  feesfum 
that  they  dare  not,  or  will  not  venture  ior  fear 
of  being  apprehended,  or  .will  not  come  ii^tp 
England  witlioutsuch  and  such  cautions,  we 
cannot  ^teU  how  to  help  it ;  we  can't  fmniah 
you  with  witnesses,  you  mv^t  look  to  get  your 
\iitnesses  yourself:  If  we  slioukl  stay  till  your 
ivitnesses  will  come,  perhaps  Uiey  will  never 
come  here,  and  so  y  Ou  will  escape  out  of  the 
hands  of  justice.    2)o  ^ot  .be  discouraged  in 
this,  the  jury  are  strangers  Xo  you  peradven- 
ture,  but  they  arQ  honest  g^tlemen,  and  you 
shall  have  no  other  upon  your  jury ;   and 
you  may  be  confident  that  if  there  be  not 
some  fact    proved   against    you,    that   may 
amount   to  treason,    you  shall  be  discharg- 
ed ;    there  are  persons    that  understand    so  - 
ninch,  and  we  will  direct  them  so  much.  You 
shall  have  as  iair  a  trial  as  if  you  were  in  Ire- 
land ;  but  for  us  to  stay  for  your  witnesses,  or 
send  you  bacl  to  Ireland,  we  cannot  do  it : 
Therefore  you  must  submitto  your  trial.    We 
heanl  your  affidavit  yesterday,  and  we  did  then 
tell  the  gentleman  that  moved  it,  as  much  as- 
we  tell  you.    You  are  here  to  be  tried,  look  to 
the  jiirv'  as  they  arc  called,  and  except  against 
them  if  you  will. 

Plunktt,  My  lord,  I  desire  only  to  have 
the  favour  of  some  time,  some  time  this  term. 

X.  C.J.  We  can't  do  it. 

CI.  cf  Cr.  Swear  sir'John  Roberts. 

Plunket.  1  humbly  present  this  to  your  lord- 
ship, I  am  then  in  imminent  danger  of  my 
life,  if  I  cannot  get  ten  days  to  have  my  wit-- 
nesses  over  :  I  desire  I  may  have  but  to  the 
31st  of  this  month,  and  then  if  they  do  not 
come,  you  may  go  on. 

L.  L.J.  We  cannot  do  it,  you  have  had  Btq 
weeks  time  already. 

Plunket.  I  desire  but  a  few  days. 

Clerk.  Sir  John  Roberts,  take  the  book, 
look  upon  the  prisoner  :  You  shall  well  and 
truly  try,  <!kc. 

flunked  My  lord,  I  desijre  to  know,  i«hOt 
2G 


451  ]   STATE  TRIALS,  33  Chables  II.  168I.— Tria/  0/  Dr.  OHter  Pbmkd,   [4M 


th«r  they  bavA  he^'n  of  the  juries  of  Lang- 
bom,  or  tbc  five  JeHiiitii,  or  any  tbat  were  con- 
drmn«Kl. 

/..  C.  J,  Wbat  if  they  have  ?  That  is  no 
I'Xfifiitkiii. 

Tbrii  the  jury  was  sworn,  whose  names  fol- 
biw.  Hir  John  K*«ilif*rts,  Thomas  Harriot,  Henry 
Asbbiirst,  I{al|ih  Huckiiall,  liichard  Gowre, 
Ilif?banl  HiaKftt,  Tlumias  Kaniby.  John  Hayne, 
ThmiMM  U«Nl^k'rnH,  James  Partherich,  Samuel 
liftkrr,  Willis  hi  1  f  nrdy . 

C7.  of  Cr,  OlivcT  Plunkd.  hold  up  your 
honil.  Y«m  of  tlic;  jury  look  upon  tne  pri- 
wmcfyanil  hcarktntoiiLs  charge. 

**  He  fftanilK  indicted  hy  the  name  of  Oliver 
rbinkot,  late  of  VVcstmiiister,  in  the  county  of 
Middlo<wx,  doctor  in  divinity,  for  that  he  is  a 
falsi)  traitor  against  the  most  illustrious  and 
niiMt  excellent  priiicr  nursovereijrn  lord  Charles 
S,  by  the  gmcf>  of  («<nI,  of  England,  Scotlanil, 
France,  and  lrclan<l,  kinj^,  and  n is  natural  lord, 
tliti  fcnr  of  (2od  in  his  Tieart  not  having,  nor 
wri^iing  tho  duty  of  bis  allegiance,  but  oeing 
ufoviiil  and  Kcduccd  by  the  instigation  of  the 
deril,  tha  conlial  lovo,  and  true  and  due  natural 
obedioncn,  whidi  true  and  faithful  subjects  of 
our  still  sovereign  lonl  the  king,  towards  him 
oar  said  soverrigii  lonl  the  king  do  and  of  right 
ought  to  lirar,  utterly  withdrawing,  and  con- 
triving, and  with  all  liia  iniglU  intending  the 
|M««cc  antl  coninKHi  tranquillity  within  the  King- 
dom of  Irc'lund,  as  also  of  this*  kiiigilom  of  Eng- 
land, tn  disturb,  and  war  nnd  rclM-IHon. against 
«iur  siiid  KovrixMirnloitl  the  kin;;  in  the  kingilom 
of  lix'luud.  llicti  lMMiii|f  till'  dominion  of  our  said 
«rivri-«Micu-|lord  tho  l^ing,  in  |hii1s  bi^yond  the 
Mms,  I0  Kih*  up  and  innvr,  and  the  t^tncrnmcnt 
«»f  our  Miiil  so^  or^'ii^n  lord  the  kiug  there  to  sub- 
«»rt ;  nnd  our  s;n«l  smoni^fulord  tlu*  king  from 
Ins  nval  powonuid  gincnuiM'nt  tluTt'to  deiHtse 
and  ilfipriTP  ;  an  it  imr  s:iid  sovcroiifn  lonl  the 
kinu',  that  luui  is,  to  doulh  and  tinal  dost  motion 
to  bring  ami  put  :  nud  tho  truo  ^^virsbip  of  God 
within  thoNiiiil  kntLidimi  of-  Iri'laiid,  hy  law  cs- 
tsblislu*tl  ami  ii<od.  to  »!ior  to  tho  superstition 
ol'  ibo  Itoiiiivh  •  lull  oh  :  fho  first  da\  of  l)o- 
tvnilHT.  in  iho  ^»  ;ir  rf  tho  roi-^ii  of  our  so\o- 
r^^i^rn  lonl  t'lmrlrs  thr  S'ooiul  ut>w  kiii&fof  Kni!*- 
nr  "Vo.  thri\»o  and  Ouiiutli.  and  di%iTs  oihrr 
ifav«  auil  t«nu>-.  :is  x«i  II  IhIoix'  :is  .it>cr.  at  Uul>- 
tin  111  iho  kiii^diMu  ot  holaiuU  m  jmits  lK^\ond 
lljo  SO.IN.  wiih  tijMrs  othor  lalso  traitors  un- 
kn«>x«n.  trait*  r.tis|\  \\u\  i^«inpass.  iu^AC>uo.  ainl 
iniond  tlio  kill  ;ii:..<aMth,  and  tiiul  lU'^truotutn 
of  our  sniii  si>ii  ;v.|fn  i,  \>|  ilir  kiu^\  :u;d  iho  an- 
«*^u  :r"**""«ii«-.\i  ol' h4<  ^u»i  k-.'-'ir*!*'"*  *'f  lix^- 
land  Al.*:x'«»;d  \  ^  *  barer,  nihr.  and  wholly  t.'' 
swilntil  .  ao.,i  ii!*.>  ovv  v:ii<i  si»v*t»  u'.j  kH>i  ihr 
kiiii^.  »!'.-.:  v.i '»  »v.  t". *  .1.  ilio  *-,  \%n  ao.it  c*'rc;:i- 
Hirni  ot  Ir.v  ki  c«-  ^m  't  iivLiH^.  ;il.  r,  !s.\,i^  t."»  %\f  • 
Jv«o  ;in.i  *•.  -nr.  ;'■  .:  :' w  I..10  |V\»Sr'>;AM  r*^ 
hi:>«'^*i  t.>  I- wry  •:<  .  ji-vi  nai  .;pd  ivivV...v.  afi-^  ;>t 
tho  «;d  >*^»*r.si,-.  1. 7\i  t..t  k:*-;  ilun-  lo;«.»^»- 
anil  }o\  Vv.i  :.i  f.i'f,.  .\  :.\  r^\\^i.\\.\\^\\  his  viid 
nvoKt  »iok(NI  t  -.mv.  -^v.  .k:^^  \  ..  i.*;\  -a  c«Mnj>a.«> 
in^TS  imai^'ii^^Mt^'*^.  ^.id  pu.^NVv(-s  al'tv.\>ai«i,  Ito 


the  said  Oliver  FkunkeC, the  Mud  fint^ayof 
l>ecember,  in  the  aboveaaid  tiro  and  duftidk 
vear  of  the  reign  of  our  mkI  amrereign  kNnA  As 
king,  that  now  is,  with  force  and  anniy  te.  U 
Dublin,  in  the  kingdom  of  Ireland^  iSbm  bcny 
the  dominion  of  our  said  sovereijg^  knd  tiie  loig 
in  parts  beyond  the  seas,  nwliciowiir,  devilii^ 
ly,  and  tralteronsljr  did  assemble  and  gathcrfo- 
gether  himself,  with  divers  other  tnuton  in- 
known,  and  then  and  there  devilMily,edTiieily, 
mdicioasly,  snbtlely,  and  traiterouiLv  did  con- 
sult and  agree  our  said  sovereign  kra  the  king, 
that  now  is,  to  death  and  final  datmetiaBtD 
bring,  and  from  his  crown  and  gorenuml 
aforesaid  to  depose  and  deivive,  nd  the  refi- 
gion  of  the  Romish  church  into  the  kinadf 
of  Ireland  aforesaid,  to  introduce  and  esaSU. 
And  the  sooner  to  fulfil  and  peiftel  bisail 
most  wic^d  treasims,  and  traitefoua  iamffm- 
tions  and  purposes,  he  the  said  Oliver  Plinkili 
with  divers  other  fake  traitoffB  unknown»thii 
and  there  advisedly,  mahcioualy,  and 
ously,  did  further  consnlt  and  agree  H 
bute,  pay,  and  expend  direra  great 
money  to  divers  su^ects  of  oar  said 
lord  the  king,  and  other  persons  in 
procure  them  the  said  jpersona  nnkB0W% 
said  sovereign  lord  the  king,  that  nmr  i%  i 
terously  to  lull,  and  tlie  Komish  idMiBi 
the  said  kingdom  of  Ireland,  to  intromii 
establisb.    And  that  he  the  aiid  Oliver 


and  other  traitors  unknown,  afkerwuda,  la  wL 
the  said  first  day  of  December,  in  the  twaiH 
thirtieth  vear  of  the  reign  of  our  said  aotacy 
lonl  the  king  abovesaid,  at  Dublin  afinesaid,  n 
the  kingdom  of  Ireland  aforesaid,  within  tk 
doniiiiionof  our  said  sovereign  lord  theldaf^ 
with  force  and  arms.  Sec,  unlawiiilly ,  malk-isin- 
ly,  deviliKhly,  and  traiterously  did  receive,  cd- 
loct,  pav,  and  ex  (lend  divers  greataunsof  mi* 
nov  to  divers  fiersons  unknown,  to  persuade  lai 
iiifliioe  divers  other  persons  also  unknown,  ik 

,  said  false  tniitors  in  their  said  treasons  to  Id^ 
aod  maintain.  a£fainst  the  duty  of  his  allcjgJMWi 

:  and  asuinst  the  peace  of  our  said  aovero^M 
the  kintr,  tliat  now  is,  his  crown  and  d^giijfi 
nnd  agRinst  tlie  form  of  the  statutes  in  dat  cue 

■  made  and  proTided.'* 

To  this  ludictmont  he  hath  pleaded,  M 
Guiliv. 

>lr.  I  feat  k.  May  it  pluase  year  l9rddHpb 
:ind  you  gi^tlenien  of  the  jury,  this  is  an i^ 
dictuien:  uf  high  treason  agamst  Df.  Oi** 
IMimkii,  the  primmer  at  the  bar;  fiiditidi 
inrth.  That  tho  tu o  and  thirtieth  yearaflh^ 
'  kioiT.  as  Dublin  in  the  kingdom  of  irsfaAV 
did  oonii^a$<  and  ima^ne  the  doa|h  of  tfiekuifi 
and  to  dofwii  0  tlie  king  of  bis  langdoin  of  he* 
Und.  and  u*  ni'»  i^ar  to  ejEtii|pate  the  PrstBd* 
M-t\  roV.ci>^D  in  the  kingdoa  m  Ireland,  aai  t* 
o>Ti:iSlish  the  Romtf>h  nfigien  there.  Aai  i 
sits  t'onb  fiinhtr;  thai  for  the  arcomnlisbBa^ 
i.f  thi->i4'  irx-^sons.  ihf  defendant,  wim  seNnt 
othcTSs  did  meet  MMiker  at  aevcral  ^hoBM 
•  IVtKhn  in  the  iii^dam  ef  Ireland,  wi  < '  ^ 
!  vhorc.  and  at  these aiveral  meetingB  dii 


^J  STATE  TRIALS*  33  Charles  II.  l681.— /c;r  High  Treason.  [434 

suit  and  9gi^  to  put  the  Idn^  to  deatli,  to  nine  \  thein,  that  he  might  accordingly  take  a  }nea- 
^v,  to  extirpate  the  Protestant  religion,  and  ■  sure  what  men  to  pick  out  tor  the  ser\'ice.  The 
set  up  the  Rumish  rehffkm.     And  die  imKct-  I  next  thing  was  luaiiey,  my  loi-d ;  and  your 
meat  fiuther  sets  forth,  that  to  accomplish  these  [  lordship  takes  notice,  that  whl'ii  the  mind  is  eu- 
'"^BOsoDBy  the  detendaDt  did  raise  great  sums  of   slavetl,  the  purse,  nay  all  tiie  body  bows  to  it. 
■««».».:.  ^L.  1-      .         *.    .     .        ....  11^  issues  out  his  waiTants  to  his  clergy,  to 

make  a  collection  oV  money  ;  in  all  |>arts  great 
_  ,  ..„   suBis  wore  leued,  and  «^  lion  they  ^hltc  levici.1, 

^HbersdldclisburBeseveralsumsof  money  to  tftv-  !  we  shall  give  you  uu  account  %  our  proofs, 

vef^peraoDs,  to  persuade  them  and  entice  them  :  that  several  sums  ^vito  is^iod  out,  and  sent 

to  be  aiding  mod  assisting  in  these  treasons,  and    into  France  to  fuillKn*  the  uusiiK-^4.    There 

to  recompence  them  for  them.    To  this  indict- 

went  the  defiendanl  Iiath  pleaded,  Not  Giiiltv. 

«  we  prove  these  things,  you  are  to  find  hini 

Goilty. 

Seg.  Matfnard,     My  lord,  we  will  quickly 


moD^r  in  the  lungtlom  of  Ireland,  and  did  get 
•wwbI  persons  to  contribute  several  sums  lor 
««e  treasons,  and  tliat  the  defeiulant  with 


was  also  provision  made  of  |^rt^(  ammunitioii 
and  anus ;  and  we  shall  |)r4iYir  in  .|tai'ticular, 
several  delivei?e«l  out  by  this  geullrnian's  order, 
to  carry  on  this  thin<^  ;  aiul  to  go  through 
stiich  with  tliis  butuHesii,  he  takes  a  tiew  ot.uU 
come  to  the  evidence:  *^But  in  shorty  you  have  I  the. several  ports  and  |»laces  in  Ji-^laud,  where 
■Bird  his  charge  is  as  high  as  can  be  against  |  it  would  be  coiivenieut  to  land ;  tor  they  were 
^  ^Dga  and  acainst  the  nation,  and  against  all  j  to  have  from  Fmnce  an  auxiliarv  force,  and 
that  is  good.  Tne  design  and  endeavour  of  this  |  U|)on  his  view  he  pitched  u|K>n  Carlingibrd  as 
g^yfegjgm  was  the  death  of  the  kin^,  and.the  '  the  place.  Wc  shall  |)n»ve  the  several  corres- 
^l^jniction  of  the  Protestant  rehgion  m  frehmd,  !  fiondpncies  between  It^fineand  him,  and  Fi-ance 
«n  the  raising^  ot' war :  and  toaccomjtlishtliis,  land  him,  anil  several  messen^jfrra  employed, 
^^^^^^rge  him,  that  there  was  a  confederacy  |  an;l  monies  issued  out  fiom  tiino  to  time  for 
>Dade,aaseniblies  and  consultations  had  to  these  i  their  maintenance.    This  \s\\\  be  the  course  of 

our  evidence;  and  we  will  l»egin  first  with 
some  that  do  not  xneuk  so  particulai  ly  to  this 
l>octor,  but  prove  tli v/c  was  a  general  design  in 
all  parts  of  the  kingdom  of  Irclaiul,  \.o  bring 
in  the  kin^  of  France,  and  extirpate  the  I'rotes- 
tant  reKgion.  And  then  we  sliall  call  the  par- 
ticular persons  to  the  particular  facts .  against 
him.  First,  we  call  Florence  Wyer,  (Who 
was  svf'om.) 
HoL  Gen.  Are  you  sworn,  Sir  ? 
Wifer.  Yes,  Sir.  » 

•So/.  Gen.  Pray  give  tlie  Court  and  the  jury 
an  account  of  wliatyou  know  of  any  Plot  in 
Irelunil,  to  introduce  the  Komish  religion,  or  to 
bring  in  the  French  king. 

Wtfer.  Yes,  I  know  thei-e  was  a  Plot,  both 
before  Plunket's  time,  and  in  Ids  time  ;  lor  it 
was  working  in  the  years  ld()5  and  166(i,  but  it 
was  brought  to  full  maturity  in  the  year  1007. 
For  then  col.  Miles  Hely  and  col.  Bourne  were 
sent  to  Ireland  irom  the  king  of  France,  with 
a  commission  to  muster  as  urany  men  as  he 
could,  prouiismg  to  send  an  army  of  40,000 
men  with  a  commission,  U]K>n  St.  Lewis's  day 
in  August  next  following  to  land  at  Calbngforn, 
to  destroy  all  the  true  subjects,  to  destroy  the 
religion  as  it  was  establislHMl  there,  and  to  set 
up  the  French  king's  authority  and  the  Uoman 
Catholic  Relijgion.  And  one*£dnnnid  Angle^ 
that  was  a  justice  of  peact-,  and  clerk  of  the 
crown,  sent  for  ail  the  n^ieU  abroad  iu  the 
North  to  come  up  into  the  county  of  JLningtbrd, 
and  they  marched  into  the  head-totvn  of  the 
cmmty,  and  tired  the  town ;  the  inhabitants 
Hed  into  the  castle  :  then  they  came  up  to  the 
gnol,  thiidcing  to  break  it  open,  and  bv  heltiug 
the  prisoners  free,  to  join  them  with  theiit ; 
but  then  Angle  was  shot,  receiveil  a  dea<(lv' 
wound,  and  droptoff  of  his  horse,  and  they  ileit. 
So  then  when  they  were  xvitliout  the  town,  one 
Charles  Mac -Cans  I  aliglited,  and  tuok  away  uil 
the  (lapers  out  of  Ids  ^KKket ;  which  if  they 


Olds,  and  raising  money  to  accomplish  it.  Gen- 
tlemen, Dr.  Plunket  was  liiailo,  as  we  idiall 
^J\  to  you,  as  they  there  call  hhn,  jM-imate 
« Irdand  ;    and  he  got  that  dignity  from  the 
Pfpe  upon  this  very  design.     He  did  by  virtue 
«t  thai  power,  which  he  thought  he  hail  got- 
wHf  make  out  warrants,  signilieations,  1  know 
«««  what  they  call  them,  to  know  how  many 
2?  **  Ireland  could  bear  arms  from  sixteen  to 
•^FJ  he  raises  taxes  uiran  tho  people  and  the 
,-S^  there.      But,  my  lonl,  the  particulars 

c^mS  ^^^"  ^^®  witnesses  that  ive  shall 

^^**^  ^rove  it  by,  and  we  need  not  make  any 
?»i[™»taon ;   for  such  a  thing  as  this  cannot 

T^  •ggravaled  than  it  is. 
j|^™*22!'  ^««^«^  (Hir  Rohert  Sawyer.) 
otA^-  ^^•■^  y^^  lordship,  and  you  gentlemen 
^^  J'^TTf  the  character  this  gentleman  bears, 
***te  under  a  foreign  and  usurped  juris- 
WiU  be  a  great  inducement  to  you  to 
BOit  to  that  evidence  we  shall  produce 
you.  We  shall  prove  that  tliis  very  pre- 
J?  ^*^  «>»>ftirred  npon  him  upon  a  con- 

**ttd  '  fi?**i     *^^^^^  "^  tK),000  men  m  Ire- 
there  I     P®P*'"  «5rvi*^e,  to  settle  iwpery 
— --■    '    **uJ**  ■'*^®»^  *'»e  government.     The 
et^  we  shall  mve  you,  will  prove  how 
todestroy  the  king  ;  and  I  take  it  ac- 
to  the  resolutions  that  have  been,  to 
r  in  the  kingdom,  and  to  introduce  a 
power,  will  be  certainly  evidence  of  an 
•nd  machination  to  destroy  the  king. 
ju  he  was  in  possession  of  his  prima*^, 
■*oot  hu  work.    There  are  two  gr^t 
Vf*  ^J^  provided,  men  ami  money : 
it  i!l!I^^"  «^^  spiritual jurisiliition, 

^^^^'^itJ^T^^'^y^^'^''^^^  to  all 
—     »X,J  ji'^tand,  to  jjive  an  account,  and 

^^^«J^^      the  several  parishes,  and 

'^««iiem  above  fourteen,  and  under 

'*««*«uim«  were  accordingly  made  by 


U  tia 


455]  STATE  TRIALS,  33  Charles  II.  l6sl.^Trial  of  Dr.  Oliwer  Phnkd,  [456 

had  been  found,  would  have  dif}coTerie<l  all.    Friers,  bein^  their  aciqiiaiiitaiioe ;  one  Quae^ 
This  occasioned  col.  Bourne  to  be  suspected  ; 
and  being  so  suspected,  he  was  taken  prisoner, 
and  turned  to  Newgate  in  Dublin.    Then  col. 
Kcly  fled  away  airain  to  France,  and  the  Plot 
lay  under  a  cloud  duvinv  the  life  of  |)nniate 
Raley  tiie  prisoner's  pretreccssor.  Tliis  primate 
Haley  died  beyond  sea.    Then  many  of  tbe 
popish  religion  would  have  had  the  primacy 
conferred  upon  one  Dufty  ;  hut  the  nnsonor  at 
the  bar  put  in  for  it ;  whitrh  might  nave  iK'en 
opposed,  if  the  prisoner  had  not  engaged  and 
promised  that  ne   would  so  manage  aflfieurs, 
that  before  the  ]«rcsent  government  were  aware, 
he  woidd  surprise  tlic  kingdom  ;  provided  the 
pope  and  king  of  France  woidd  send  a  com- 
petent army  to  join  with  theirs  for  the  effecting 
of  h.    8o  the  tirst  year  of  his  coming  over  I 
ivaa  in  the  friery  at  Armagh ;  I  wta  an  acquaint- 
ance of  the  Fners,  and  they  invited  me ;  and 
one  Qninetohl  the  prisoner,  that  they  thought 
Doffy  would  have  been  primate.    8aid  he,  it  is 
better  as*  it  is  ;  for  Dutiy  ha;h  not  the  wit  to 
do  those  things  that  I  have  undertaken  to  do  ; 
meaning  that  he  did  undertake  to  supplant  the 
Protestant  religion,  to  bring  in  popery,  and  put 
the  kingdoin  under  subjection  to  the  king  of 
France. 

Sol.  Gen.  How  do  you  know  that  P 

tVyer.  Those  were  the  words,  and  the 
meaning  I  knew  before,  becanse  I  had  heard  it 
talked  nir'. 

X.  C.  J.  Wlio  was  the  finit  of  these  primates 
you  speak  of  ? 

Wi^er.  Kdmund  Rah^y  ;  he  set  this  business 
onfo<»t  first. 

L.  C.  J.  About  wh«it  ? 

Wt/er.  Almut  calling  the  rebels  togeilicr  out 
of  the  North  Mlien  they  came  toLoiij^ord. 

L.  C.  J.  ^\'hat  year  was  tliat  ? 

Wi/er.  It  was  in  1667. 

i.  C.  J.  ^Vhon  (lie* I  he  ? 

Wj/er.  He  died  a  iirtlo  while  afterwards. 

L.  C.  J.  Then  DutVy  would  have  it  con- 
ferreil  upon  him  ? 

Wi/Cr.  Y<s, a1^<»r  Il;ilc\ *s  decease  ho  would 
have  had  it  ronierr;Ml  \\mm  him  ;  and  then* 
was  a  content  ioTi  iictwocn  him  and  the  prisoner, 
who  (lid  (Miyaii'.'  he  woulil  bring  things  to  that 
ftill  niaturiry,  that  bt'l'orc  the  present  govern- 
ment wen'  awaR'  he  would  do  the  work. 

L.  C.  J.  How  d(>  you  know  this  i* 

Wyer.  1  know  this,  because  I  had  an  ac- 
count of  it  from  certain  seho'.jl-tellows  that 
were  with  me  in  Ireland,  then  studunjf  in 
Konie ;  they  wrole  this  to  m<',  desiriii;:^  luc  I 
wouhl  take  V  jifoeil  heart  with  tli«  r;»st  of  my 
countrymen,  and  as>ure<lly  in  a  short  time  the 
kingdom  wouM  he  veliovj-il,  and  the  Irish  i-e- 
Ktori'dto  ilu-ii-  lonner  patrimonies. 

L.  C.  J.  This  yon  sjn'ak  of  their  information. 
Whatdoy'in  know  ot  your  own  knowlrdp^e.^ 

U'y^r.  All  that  I  kiiow  is,  he  coming  inio 
the  frier\  of  Arn»a;jli 

X.  C.  J.  A  In  Hit  what  time  ? 

ir/ytT.  It  is  either  10  or  11  years  ago,  and 
there  was  a  fa^it  there,  und  1  was  invited  by  the 


Friers,  being  their  acioQaintanoe  ;  • 
one  of  the  Friers,  told  him     ■ 
X.  C.  J.  Told  whom  ? 

llVr.  The  |Hrisoner,  that  be  did  expcd 
Duffy  should  have  been  primate  ;  but  the  pri< 
soner  made  answer,  it  is  better  ■■  it  is ;  fin 
Duffy  had  not  the  wit  to  nmnage  the  thingi 
that  1  have  imdertaken  for  the  genetml  good  o 
our  religion. 

L.  C.J.  Now  tell  me  this:  what  thing! 
were  those  he  had  undertaken  ?  Did  he  ei< 
plain  himself.^ 

Wyer.  No  farther  than  those  words :  bat  1 
did  conceive  this  was  his  meaning ;  becaua 
I  knew  partly  of  it  myself,  knowing  of  tb 
former  Plot. 

L.  C.  J.  I  ask  you  onlv  what  ^irords  earn 
from  him  ;  and  you  say  tnev  were  that  D«fl^ 
had  not  the  wit  to  manage  wnat  he  had  under' 
taken  for  the  general  good  ofth^  rdigion. 

If^yr r.  Yes,  and  then  agaui  in  his  anemhly, 
kept  oy  him,  he  diargod  uis  inferiors  to  coUeel 
such  several  sums  of  money  as  he  thought  It, 
according  to  the  several  parishes  and 
to  assist  and  supply  the  French  fbroea 
they  came  over. 

Jl..  C.  J.  How  know  yon  that  ? 

Wyer.  I  have  seen  tlie  money  ooDedid; 
and  1  have  seen  his  uiirrant,  *  alio  _ 
'  pensionis,'  to  bring  it  in,  to  icdeeni 
gion  from  the  power  of  the  English  Gorna- 
ment.  Again,  tliere  were  those  rebels  ihii 
went  to  Longford 

L.  C.J.  ^Vliat  time  were  those  oollediins? 

Wyer.  From  time  to  time  since  lie  cane 
into  Ireland. 

L.  C.  J.  Alxmt  what  time  ? 

Wi/er.  Nuie  ^eu^H,  eight  years,  seven  yean 
ago,  and  the  last  year  of  all. 

L.  C.  J.  Then'  it  was  he\  era!  times,  yon  sty? 

Wyer.  Ves,  and  lie  procured  tbe  iMaodopdf 
a  piece  of  luoney  out  of  the  Ewrliequcr,  pft* 
Icnding  to  do  go(Ml  service  to  his  ntajesty  ;  bst 
he  sent  thi:m  tor  France,  meaning  thev  shooM 
improve  ihemsehcs,  and  bring  iheiUKrlvesiDl* 
favour  with  the  kuig  of  France,  and  come  over 
with  the  French  king  to  surprise  Ireteoi 
This  one  of  the  rebels  told  me.  So  1  have  Sffi 
the  prisoner's  letter  dire<'te«l  to  the  grand  Toy 
Fleinming,  desiring  that  they  slioidd  go  ts 
Fmnce,  and  he  would  see  tiiein,  in  spite  cfiH 
their  enemies  in  Ireland,  safe  ashore :  lo' 
Fl.inmin;!;' should  return  again  a  culoi>el  tohii 
o\\  n  gloiy,  and  the  gooil  of  his  country. 

Atf.  Oen.  Do  you  know  his  hand  .^ 

Wyer.  Ves,  1  do,  as  well  as  my  own.  I  bw* 
seen  capt.  O'Neal,  son  of  general  0*Nttl» 
coming  every  year  into  Ireland,  and  canring 
three  regiuients  to  the  French  king  isl* 
France  ;  and  he  uscrl  to  come  over  to  lidm' 
every  year  to  get  a  recniit  ;  and  he  did  get  my 
brotfier  to  go  uith  him,  and  so  nuich  uu]Mr- 
|K)rtun(»l  me,  that  I  could  hardly  witltfisn' 
tiiiii ;  hut  1  did  not  yield  to  his  desire.  Ut 
told  me,  it  was  to  imp*ro\e  me  for  my  good,  IB 
improve  myself  in  military  disci»ruic ;  h^ 
theu  1  sliould   return  tor  Jrehuid  a 


STATE  TRIALS,  33  Charles  IL  l68i.— /or  High  Tre&sen. 


lu% 


(Bcb  kin^,  to  tfuqirise  the  king- 
te  the  popish  religion  ;  and  then  I 
tored  to  my  estate. 
Vbo  toM  YOU  this  ? 
>taiii  CyNeal.    Ami  in  the  mean 
e,  I  hear  Dr.  Plunket  is  the  only 
i  in  Irehind  to  make  these  prepa- 
get   things    ready  a^^instthe 
's  coming,  who  is  to  land  ac  Car- 
How  oflen    were  you  in  the 
ipany  ? — Wytr.  Not  very  often. 
1  ne\'er  saw  him  with  my  eyes 
lite. 

lave  seen  him  in  the  priory  the 
lat  he  came  over  to  Ireland ;  and 
3  meetings  held  at  Geor^  Blyke's 
Fives,  and  I  have  seen  him  m  his 

oMen.  How  came  you  to  know 
I  hand  ? 

cause  I  was  well  acquainted  with 
ing  his  hand  among  the  priests. 
Iben,  Did  you  ever  see  hirn  write  ? 
s,  in  the  priory,  and  in  his  own 

olben.  How  often  ? — 

t  oiWn. 

dben.  How  often  ? 

m    or  a  dozen    times.     I  slmuld 

id  ftt)m  all  the  writing  in  Loudon, 

jng  never  so  rhany.     Let  me  but 

ilMfW  it. 

Have  you  ever  heanl  him  own 

ate? 

es,   my  lord    lie  writes    himself 

irroii*anus,  Fritnas  et  Metropoli- 

[fibemitt,"  that  is  his  stile. 

Vho  did  lie  say  made  him  primate  ? 

e  pope,  my  lord. 

lave  you  heard  him  say  so  ? 

8,  I  heard  him  discourse  of  it  in 

He  was  a  puhlic  officer,  and  tliey 
BOW  liis  hand. 

;  helieve  any  bmly  that  !»atli  seen 
t  a  httle,  woul<l  soon   kiiow  our 

s  band  is  as  well  known  over  Ire- 
is  among  my  acquaintance. 
^ell,  go  on. 

irrog  the  time  of  his  imprisonment, 
his  commands  to  some  of  his  in- 
■fies,  commanding  them,  *  sub 
ouiouis,*  to  bring  in  the  monies 
iringing  in  the  French  army  ;  and 
kii  DO  better  liiue  than  the  time  of 
■ent  to  bring  it  in. 
iriM>were  they,  j'ou  say,  that  were 
^tab  pcBoa  suspensionis  ? 
lee  bk  taking,  I  have  seen  in  the 
■pTMOnment  his  conmiands  to  his 
hMWf,not  to  l)e  foi*gctful  of  the 
mm  assessed  towards  the  supply- 
Ik  «fp!iy;  and  that  there  was  no 
r  bring  m  the  French ,  than  w!ien 


L.  C.  J.  How  longago  wasthat? 

Wyer,  The  Ist  of  Febmairv,  1679.  The 
2nd  and  last  of  it  was  in  July  andNovenber  lasC« 

X.  C.  J.  And  this  was  to  bring  in  the  money  ? 

W^,  Yes,  to  supply  the  French  army. 
And  that  there  was  no  better  time  than  during 
his  imprisonment,  and  they  should  net  be  se 
much  suroected. 

X.  C.  /  And  these  mandates  yen  hare  seen 
tmder  his  hand. 

Wytr,  Yes,  I  have,  my  lord. 

Alt,  Gen,  What  do  you  know  of  bis  sum- 
moning or  issuing  out  these  warrants  ^fiv  bats 
of  men  ? 

Wyer,  I  have  not  seen  any  of  the  warmnts ; 
hut  the  priests  have  told  me  they  were  com- 
manded by  his  warrants  to  let  bim  know  how 
many  there^ere  in  all  their  parishes  from  six- 
teen to  sixty. 

Att,  Gen,  You  say  you  never  saw  the  Man- 
dates? 

Wyer.  No,  I  did  not. 

^Q.  Jfjftriet,  What  do  you  know  about  the 
prisoner's  viewing  the  ports  P 

Wyer,  I  have  seen  him  going  about  from 
port  to  port,  to  Derry,  to  Carriclergus,  Ca&iiy> 
Down,  and  Carhnglbrd,  and  all  bbout. 

Ser).  Jfffe.nfM,  When  he  wi-utto  talwc  a  view 
of  those  ports,  can  you  tell  to  v%  hat  purpose  he 
did  it  ?  ,     . 

Wufr.  Yes,  I  heard  it  among  the  church, 
that  he  went  on  purpose  to  view  the  Si*a  ports, 
to  know  the  strength  of  all  the  «;arrisouK,  and 
to  see  which  was  tiie  most  convenient  \>ay  to 
bring  in  the  French  army. 

Serj.  Jefferiei,  Did  you  ever  speak  with  the 
prisoner  at  the  bar  about  his  gouij;: :' 

Wyer,  No. 

Serj.  Jtjfftrits,  What  place  did  he  ^^iich  on  as 
most  convenient? 

Wytr.  Cariiogford. 

An,  Gen.  Were  you  in  the  prisoner's  com- 
pany ^vhen  he  >ie\vcd  the  poits  ? 

Wyer,  I  have  seen  huu  go  tv  and  ftt)  j  i  did 
not  go  all  the  circuit  round  with  limi. 

Flunkct.  Did  you  ever  see  me  at  Cariiog- 
ford  ? 

Wyer.  No. 

Plunket.  Did  you  oversee  me  at  any  other 
of  the  poits  ? 

Wyer.  I  have  seen  you  at  Hamilton's 
coining  back  from  Derry.  Do  you  not  remem- 
ber tliat  you  lodged  at  at  sir  ijtm, 

Fluitkei.  1  never  lodged  there  in  my  Ute. 

8ir  Fru,  Withint,  Have  you  aiiy  thmg  more 
to  say  conoeming  the  plot  iu  ge.ieral  f 

Wytr.  No,  in  general  1  have  not. 

8eij.  JefferUt,  He  hath  nut  only  given  an  ac- 
count of  the  general,  but  fixed  it  upon  the  pri- 
soner. 

Att.  Gen,  Dr.  Plunket,  wiU  you  ask  him 
any  questions? 

Plunket,  You  say  you  remember  you  saw 
me  at  my  -first  coming  as  primate  ten  }  ears 
ago,  and  that  you  were  at  the  priory  when  1 
was  there  ? 

Wyer,  Yes. 


M9)   STAT£  TRIALS^  SS  Cuarlu  H. 

PltfiiAer.  YoBwereinnaibktome. 
;.£.&/«. If  yoa  will adc  any  fiiestioii,  do* 
baAdD  nofcoMk^tlieM  Idai  of  obter?itiMi8. 
-.  Pitmhit,  :Tcll  methisi  why  did  ycm  not  ac- 
%nMM  fome  jiWice  of  tbe  peace  then  with 
wbatyoo  knew,  ihalt  wbick  yoa  had  heard 
•efCD  yean  ago? 

Wyr.  When  I  first  knew  it,  I  was  as  wiQ- 
jngt»  bam  it  concealed  as  they . 

jL  C.  J.  What  is  your  question,  Dr.  Plun- 
lootr  PimyteUjjtu^. 

PMBr^ •  He saySf  milord,  that  ten  years 
MO  I  bvd  auch  a  design  in  hand,  and  he  knew 
tSe  ttonay  was  collected  for  these  very  ends, 
and  ha  knew  '  of  the  design  from  tiiat  sslkne 
capbUB  O'Neal,  whom  I  employed  and  sent 
abrbad  ;  and  that  1  had  a  dengfn  to  bring  in 
the  Frradi  atCarilngfi>id,  and  went  about  to 
all  the  ports  in  Ireland,  and  pitched  upon  tiiat 
aa  die  most  convenient ;  and  vet  it  is'so  incon- 
Tenient  for  the  bringing  in  a  foreign  force,  that 
any  one  that  knows  any  thing  of  the  .maps  of 
the  world,  will  easily  conclude  it  otherwise. 
But,  I  say,  my  knrd,  why  did  not  he  tell  some 
josticeot  peace  that  I  was  upon  such  a  design, 
•bntletme  ii?e  in  Iiehmd  ten  years  after,  and 
aeter  speak  (rf*  it  till  now? 

X.  £L  J.  What  say  you  to  tbe  question  ? 
-.  PUnkeL  When  lie  saw  me  all  the  time,  and 
to  the  tiipe  of  iny  taking  prisoner,  and  never 
said  one  word ;  for  I  was  a  prisoner  ^months 
only  for  my  religion,  not-  one  word  of  treason 
spoKen  of  against  me  for  so  many  years ;  why 
did  not  he  acquaint  some  justice  oV  the  peace 
with  it  before  P 

Ls  C.  J.  What  reli^on  were  you  of  then  ? 

Wifcr.  I  was  a  Koinan  catholic. 

Piunkei.  And  are  you  nut  so  now  ? 

Wji/er,  Yes,  I  aro  so. 

Just.  Dotben,  Tliercfore  it  will  be  no  won- 
der that  vou  did  not  discover  it. 

Serj.  Jefferia.  But  1  ask  you,  why  did  not 
you  discover  it  all  this  time  ? 

Wj^er.  Because  I  was  a  papLst  myself:  The 
first  that  did  discover  it,  he  and  I  did  consult 
about  i^  I  had  cliarged  hiin  so  to  do,  and  I  set 
him  on  work  ;  but  he  was  ill  j>aid  for  having 
discovered:  You  got  liim  to  be  trepanned,  that 
he  hath  jgpone  in  danger  of  his  lite  for  it. 

Plunkct,  Who  is  the  man  P 

W^er,  Mover. 

8ir  Fra.  Withins.  Call  Henry  O'Neal,  (who 
was  sworn.)  What  know  you  of  any  design  in 
Irebmd  to  introduce  the  popish  religion  ?. 

(yNemf,  In  August  1678,  bishop  Tyrrel 
came  with  40  odd  horsemen  to  vicar  general 
Brady's  house,  and  alighted  at  tbe  door  ;  and 
hegave them  there  an  oath,  which  they  took 
wimnffiy  andfreely  from  hand  to  hand,  to  for- 
ward the  popish  plot  ag^ainst  tlie  ProU»stantreli- 
gwn,.to  make  an^end  ol  them  all  in  one  hour  from 
end  to  end  in  Ireland  ;  and,  sdd  he,  I  will  come 
withm  two  days  with  an  order  from  the  lord 
Mirer  PUinket;  and  you  need  not  be  afraid 
tfbr  tbelord  Olirer  Plunket  and  I  have  sent  some 
0old  and  money  into  France  to  get  men  and 
*em  from  France  over  sea ;    And  do 


not  foar,  diia  win  go  onin  ana  hMV' AMifb  all 
ItdandfitMnattdtaagid:  inShplmbtr  im, 
alitdewfaife  dker,dieniiteiMBlbgwwka 
place  wbidi  tb^  osU  Tbginia,  bt  1^«oiml^  tf 
Ckmnanriit,  wuan  they-  look  a  pnem  he  ii 
here,  aiM  ha  was  widme^  andderind  ne  t$ 
come  up  to  DnbUa[  and  dmomm.  ihm ;  ssd 
tbei^IoiddiscoiferiltOHrJolinDainas  wUcb 
BaaUtbatloansinr,  ForllM,PhiBk«t  I  Micr 
saw  him  in  my  lite. 

Mr.  Jbaet.  Yao  weie.a  |«Biitt)iA  f 

0:^fa(.  Yes,  I  was.       - 

Mr.Jonai  jlreyoa%BonMyioatiiolieadH? 

O'NeaL  Yes, lam. 
.    Mr.  Joaei.  Apd  wave  yon  aofnaintodwilbiB 
these  ordersf-. 

O'AW.  Yea. 

L.  C.J.  How  cuDe  yoa  to  fcaovr  af  tkb 
oath?  • 

(XNutl.  I  wasm  thebonae  wilb^  tlien;  I 
was  one  concerned  to  take  my  epik  with  Ibn^ 
and  I  durst  not  but  take  tbetiadu   /'   .  . 

JL  C*  J.  Hadyon  tbooatfiof  aocn^  gifcp 
you  ?  k 

O'Neal.  Ye8,andsotbM  nmt 
me  to  go  along  to  DuUin  and  diaoorer  i^ 

Serj.  Jtffkrin.  What  is  bia  naaaer 

O'Aca/.  John  Mac  Legh. 

ISirJFVa.  Wuhini,    Do  vou  know  aay 
tram»ctions  about  the  pkit  r 

O'Afu/.  No,  I  will  luvt  awcar^'ftr  iB  Iks 
world  more  than  I  know.' 

Sir  J**.  WUhins.  Then  call  Ndle  O'Nesl, 
^who  was  sworn).  What  do  you  know  of  any 
uesign  carrying  on  in  Ireland  against  the  gft- 
vcniment  and  the  Protestant  religion  ?, 

N,  0*Neal,  I  will  teU  vou  all  I  know :  I  was 
at  vicar  Brady's  house  the  21st  of  August 

X.  C.  J.    What  year  ? 

N.  O'NeaL  1(378.  And  bishop  Tyrrel  came 
M  ith  40  horse-men  to  the  bouse,  and-  went  into 
the  house,  and  discoursed  a  little  while ;  and 
they  t(M>k  their  oaths,  every  one  roundi,  to  kaap 
secret  tlie  plot  to  destroy  the  Protestant  fch- 
gion  and  the  Protestants,  tliat  they  might  bare 
their  estates  again.  And  he  said  they  ibd  not 
need  to  fear :  lor,  said  be,  you  have  a  very  good 
man  to  assist  you,  and  that  is  the  lord^Cmv 
Plunket,  and  you  need  not  fear  hot  i|  wyi  go 
through  all  Ireland. 

Att,  Gen.  Will  you  ask  him  any  questioas? 

Plunkti.  Why  did  you  not  discover  it  be- 
fore? 

Serj.  Jefferies.  Were  you  a  Roman  Catboiie 
at  that  time  ? 

J^.  O'Neal.    Yes,  and  am  so  stiD. 

Mr.  Pftf;ety  (Jury-man).  I  desire  he  may 
be  asked  how  he  came  to  be  there. 

L.  C.  X  You  say,  I  think,  this  was  at  vicar 
general  Brady's ;  how  came  you  to  be  there? 

N.  0*Ntal.  I  was  there  several  tiDEies  before 
that ;  for  my  nurse  or  my  foster-mother  (I  do 
not  know  which  you  may  understand  best)  was 
house-keeper  to  him. 

L.  C.  J.  Were  you  required  to  take  die 
oath? 

N.  0*Ncal.  No,  my  hffd,  I  was  acquainted  a 


STATE  TRIALS,  33  Cii iiRLES  11. 166I.— >r  High  TVcason.  [462 

he  could  prevail  with  the  king  of  France,  and 
the  other  with  the  king  of  SpaiD. 

AU,  Gen,  Pray  acquaint  my  lord  particu* 
larly  when  tliis  was,  and  in  what  place,  and 
what  they  said  ? 

Duffy,  It  was  in  1073,  74,  and  75,  at  hb 
own  house ;  and  at  he  kept 

tlu'ee  or  tour  Jesuits  there,  and  a  matter  of  a 
hundred  priests. 

Att,  Gen,    What  passed  in  the  company  P 

X.  C.  J.    Who  else  was  there  ? 

Duffu.  The  discourse,  my  lord,  was  always 
about  the  plot,  how  they  could  contrive  the 
matter  between  tliem ;  and  so  they  did  con- 
clude afterwards  to  raise  so  much  money  upon 
several  priests,  all  the  priests  in  Ireland,  sobm- 
times  20s,  sometimes  40i. 

L.  C.  /.   A-piecc,  do  you  mean  ? 

Duffy,    Yes. 

Au.  Gf'i,  What  discourse  had  they  about 
the  French  at  any  time  P 

Duffjf,  Yes,  a  hundred  times;  he  talked 
flereral  times,  that  he  did  not  Question  but  he 
should  prevail  with  the  king  or  France  not  to 
invade  Spain :  and  I  have  seen  his  letter  to 
cardinal  BouiUon,  to  expostulate  with  him 
about  the  king^  of  France,  why  he  should  wage 
war  with  the  king  of  Spain,  who  was  1^  Catho- 
lic, but  rather  should  come  and  redeem  Ireland 
out  of  i^  heretical  jurisdiction. 

Ait,  Gen.  Did  you  see  Uie  letter P 

Duffy.   Yes. 

Att,  Gen,  Why,  do  you  know  hip  hand  ? 

Dufff,  Yes,  I  know  it  as  well  as  I  know  my 
own ;  1  know  it  if  there  were  a  thousand  pa- 
pers together. 

Att,  Gen,  And  what  was  the  import  of  it, 
prav? 

Dujg^y,  That  cardinal  Bouillon  should  pre- 
vail with  the  king  of  France  not  to  in\adc 
Spain ;  and  the  contents  of  the  rest  of  the  letter 
were.  That  he  did  admire  he  should  not  rather 
wage  war  nith  the  kin^  <»l*£ng^]and,  who  hatb 
been  an  apostate,  and  nelp  their  poor  country 
that  was  dally  tormented  with  heretical  jurist 
diction. 

Att,  Gen,  How  came  you  to  be  in  Fiance? 
Were  you  empbyed  ? 

Duffy,  I  went  to  France  to  live  there  in  a 
convent. 

Flunket,  Did  Cardinal  Bouillon  shew  yon 
my  letter  P 

Dujfy.  Yes. 

P/finAe/.  What  year? 

Duffy.  1677. 

Ati.  Gen.  Pray,  sir,  you  were  speaking  of 
raising  of  money 

Duffy.  Yes. 


had  been  there  two  or  three  weeks 

Why  did  not  you  tell  it  to  some 
^peaceP 

Eie  was  a  Papist,  and  so  he  is  now. 
L  There  were  man^  there  that 
ban  I,  that  did  not  discover  it. 

How  old  are  you  ? 

/.    I  bdieTe  aixmt  29  years  old. 

And  this  was  but  in  1678. 

Swear  Owen  Murfey,  (which  was 
ae,  what  say  you  P 
y.  Mr.  Edmund  Murfey  disco- 
it  ;  he  went  to  one  lieutenant  Baker 
over  the  plot  to  him,  that  there 
I  to  bring  in  the  French, 
ipeak  out  aloud,  I  cannot  hear  you. 
y.    All  I  know  is  from  Mr.  Edin. 

¥hat  do  you  know  of  any,  of  your 

IgeP 

y.  Mr.  Lieutenant  Baker  told  me, 

lear  of  the  French—-— 

Speak  what  you  know  yourself. 

y.    If  it  please  your  lonlship,  this 

saw  that  evidence  that  Edmund 

produce  in  Ireland,  when  he  was 

■aol  there ;  but  without  trial  or  any 

Then  swear  Hueh  Dufiy ;  (which 
Speak  bud,  and  tell  my  lord  what 

f  this  plot  and  the  prisoner :  you 

isoner,  do  not  you  P 

know  him !  yes,  I  know  him  well 

What  sinr  you  more  of  him  P 
ly  lord,  I  say  I  have  seen  this  Dr. 
cet  raising  several  sums  of  money 
this  plot ;  sometimes  lOi.  per  ann. 
Ot. 
Of  whom? 
fall  the  priests  in  Ireland ;  of  every 
ling  to  his  pension  and  parish. 
In  all  Ireland  P 


And  towards  the  proceetlings  of 

it  was  to  ^ive  to  his  a^ent  which 
ae,  and  tor  the  carrymg  on  the 

How  came^ou  to Jcnow  this  P 
was  servant  to  Dr.  Duffy,  who 
y  betoved  by  this  man.  He  was 
essor  to  the  queen  of  Spain.  There 
that  happened  between  thorn,  but 
tbctinie. 
Ware  you  chaplain  to  him  P 

Tea  are  a  Papist  then  ? 

Thb  man  is  a  Friar,  my  lorO. 
Warn  yon  in  the  company  with 
• 

fmu  I  was. 
What  did  pass  thei^  P 


., the  plot;   how  they  could 

fM:  end  thb  man  Plunket  said, 


Alt.  Gen.  Did  you  see  any  precept  abont  it  P 

Duffy »  Yes,  I  nave  seen  several  precepts: 
I  was  Curate  to  one  Father  Murfey;  and 
while  that  man  was  with  Dr.  Oliver  Flunket, 
and  other  Jesuits,  I  did  officiate  in  his  plape*. 
and  he  sent  his  letters  to  me  to  rtise  40i.  and 
SOf .  a  time,  several  times. 

L,  C,  J,  You  yourscU'P 

Duffy  Yes. 


lailTTnTTiKTrr)  iniiTB»rnTr  -fti   ^utifmimkwtmttt,  ^ 


knoir  of  r— A*^.  Yea. 
JMt.Ofn  VdT^riut  time  jvapn  the B<»- 


Jnfc.Jhw.  or  wfart  ^«&y  WW  «tw  pri- 


A^-'i^lf  betnitbat  totbekMtuwi 
iatheMOB^,  b«  vouU writs,  "CfinmAr- 
BiiBMi>,mAiM  MtioB  HbanMB." 


rayOHfnMt«l-a»jr  or-Oei 


OWJ.  Y«,Iw«. 

ja,Om.  What  madnr -might  BMl  at  that 

A<^.  nvehiiiidndBMBHidwaiiMB. 
.    Un.  Cm.  Wberewuthiir 

IM).  AtCkndi. 

AiLOiH.  What  waa  the  occaHoa  and  de- 
ff^BOff  that  meeting  r 

■Duffy,    CauSnnatMin  (rom  the  bnhop. 

Alt.  Gen.  And  wh&tffiu  done  there  besiilMi' 

Dxfy.  The  seooDd  thing  vbs,  that  tKe  gen- 
tlemen of  the  three  counties  sliould  conditde 
togetbtr  about  Ihia  inattar. 

X.C.J.  About  nhatr 

Otffil.  Ahont  joiiiiiig  the  French  and  Spa- 


uiwHwvmcr* 

JaatMe -JDnttflt.  Where  woi  that  meetiDg? 
Hugy.  'Id  tlie  coantjr  of  MunaghsD. 
init,  Dottcn.   Was  the  pnaooer  there  ? 
Ouffif.  Yes,  he  was  the  chief  inaii. 
X-C.  J.  W  lien  was  Ihia? 
Dufy.  In  1671,  tothebert  of  my  know- 

Juat.  Dolhtn.  Wereyou thereyourselfp 

O^.  ■  Y«. 

Att.  Gt«.  What  was  the  transactioa  of  that 
day,  beaidca  the  Sacranieiit  of  conSrmalioii  P 

DuffV'  It  was  agreed  that  the  gentry  of  Ar- 
magh, MoBBgliBD,  and  Connaught,  shntld  jmn 

"*  ■    AHil  thtm\    tlwir    »nt     iTkfn     a  kinVAtd 


couDciito  getaliatof  allthc  offieeratbat 

in  the  last  rebelliun,  and  those  that  lost  lh«r 
estataa. 

All.Ot*.  HowdoyouLnowthat r  Didyeu 
galab^lhe'oMaalt  ? 

l>aA>  Yea,  1  was  in  the  aame-conaiih  my- 
aalf,Hnin»aa  wiUiagtoprooBediti  the  matter 
•aan  swiB^  worU. 

L.C.J.  Where  wa>  this  r 

I>^  Within  two  nilaeaf Ghmia,  atom 


L.  C.  J.  Wbb  tiiat  at  the  tknc  when  thwe 
were  so  many  )<erKoiis  mrt  ?  Pray  eiwak  again 
what  WEB  lioae  there  beaiiles  ooDK'nnalJuii  ^ 

Duffjf.  Why  ibey  «tre  withdrawn  and* 
into  a  garden,  innie  stood  ap,  iukI  wnnr  wt 
riowu  :  and  Ulircr  PlunkelflUoil  in  tbv  miiktln 
of  ihem  all  as  n  prelate,  and  every  nai^  kncrkd 
down  lieli>rc  him  uul  klssathiii  liuul. 

All.  Gai.  Whnt  was  then  utid  ? 

Duffi/.  Then  ihey  diil  oanKult  anH  :,'»ve  «(»- 
cial  order  to  some  ofthrm  lo  grt  n  livi  of  all  Ihc 


offirare  in  the  late  lyLcUion,  and  tliul  InsI  lb«r 
e^ilMea,  oihI  that  they  sltould   he  mure  famvA 
than  others  loiiraceHd  iii  tluU  wirki'd  deHign. 
L.  C.  J.   Wbal  was  tfcot  doign  P 
Uu/j,    To  destroy  aU  the  PnHratuita  t^|:»> 

AU.  Gen.  Was  it  to  mingle  th«  Irbh,  and 
SpBDieh,BiiJ  French  army  U»retherf 
Dw^>.  Yea,  it  a  an. 
^».  Gen.  I) ill  you  hear  the  priMmcr  ipnt 

^"ffs-  Ye«,  and  be  maile  a  >^tfv<-li  tivEira 
them  concerning  our  nnu  failli  and  r<ih(.'ton. 

Att.  Gea.  Was  tliereaAy  mcniioa  ofuicnay 
Dt'tbtM  time. 

iJiij^.  It  ivas,  Ihat  cvei^  man  ot'tlHrmthal 
could  dni(iose  of  money  should  ftruvide  EHne  ftr 
tliotir  geiillemeu  that  wonid  soon  come  into  In- 

■Serj.  iUui/neprf.  Wl>o  werethosep'entkflmr 
Di'fy.  The  Fnnich    army   and  thi-  Spaaiib 


•?  yoii  at  any  other  mes 


AntbsrmMr 


niireiliei 

All.  6>«.   ' 

JJa/J'y.  ho. 

Att.  Get.  After-he  w 
of  any  order  he  sent  out 

Bufy.  Yes,  at  the  i 
tbink  it  ia  June  two  yaaia  ago  be  wa* 


Alt.  Gen.  Indeed  be  waa  firat 
as  a  very  bunr  pa}ust. 

Duffy..  I  haraaaen  two  ordireBaeFataUrttf 
to  raise  money,  for  the  aaaMpoFpeaei'aBdtlH 
it  was  the  only  lime  to  brit^  tbe-nMltw1a«R 
end  when  be  lay  in  gaol  hiuiMf. 

Alt.  Gra.  \Vasthatthee£bctoflhtt)alHf^ 

Dufiy.  Yes;  and  that  die  FreKob  vdeift- 
niah  £inga  abauld  lake  the  advantage  tfaat  aiW 
was  offered  whilst  he  was  in  [maon.  ' 

Jutt.  Joa<a.  You  say  awne  awney  was  Wl 
to  Dr.  Cray? 

Dufy.  Vcs. 

Just.  Joan.  To  what  end  f 

Difffy.  To  comply  with  ibis  A 

Juki.  JuHM.  Where  was  that  D 

Duffy.  He  waa  at  Rome,  he  t 
hiabop  there. 

Att.  Gen.  Who  empbyed  him  there  F  - 

Duffy.  Thiaman  employed  him  alwan. 

J..tCj.  WhatwashianaiBtiF 

Diify.  Cray. 

Justice  Jmiet.  You  My  acane  of  Ae  friari 
paid  M,  aome  40  F 

Du^.  Yea. 

JoBlKe  iAne*. 
pagnnathinffF 


Hdaate. 
UDrTCrivf       1 
he  waa  trnMtt, 


Did  tir  hy  g1.j  yW 


STATE  TRIALS,  33  Chaklbs  IL  16$^.^^  High  VreMtan. 


[46» 


km't  know  for  the  g«ntiy. 

Bui  I  think  you  ptid  8omediiii§^ 

t»f  I  paid  lor  two  or  three  years 

Lad  that  was  for  the  design  ? 
'es,  for  the  French  and  Spanish 
11  the  purpoaee  together. 
"IVhat  do  you  know  of  any  precept 
I  uf  all  sorta  of  persons  ot  such  an 

gave  a  list  of  the  age  of  every 
16  to  60. 

By  whose  order  ? 
/  his  order. 

To  whom  did  you  give  itP 
» Dr.  Plunket 
That  is,  to  tho  prisoner  ? 
*s,  out  of  my  own  precinct. 

Had  you  had  any  order  from 

a,  it  was  directed  to  the  parish 
,  being  curate  in  bia  place,  receiv- 

ketu.  To  what  purpose  was  it  ? 
know  what  men  in  Ireland  were 
rms. 

Its.    What  was  the  number  con- 
r  list?— Da^.  250. 
€i.  What,  in  one  parish  P 
a. 

What  was  the  parish's  name  ? 
ghan. 
Do  you  know  any  thing  of  his 
^  the  ports  ? 

oconipanied  him  to  Cariingfbrd. 
Did  y  ou  ? 
a,  in  person  I  did. 
Wliat  did  he  say  ? 
:  went  rou..d  about  the  place  where 
ustora-ships  come  in ;  there  was  a 
here  near  the  sea,  and  he  went  to 
e,  but  coukl  not  ^et  a  boat :  And 
Teat  talk  of  Carhngford  to  be  one 
lavcns  in  Ireland ;  there  was  no 
B  at  the  place,  and  any  ship  might 
pates  of  ue  town,  and  surprize  it, 
town. 
What  did'  he  conclude   upon 

lat  he  might  get  the  French  army 
there. 

What  do  you  know  of  delivering 
iun  and  armsi' 

did  send  some  of  diis  money  to  get 
into  Ireland. 

Ifoa  say  you  were  Murfey's  cu- 
ll shew  me  such  Institution  as 
i  t9  you  to  raise  money  ? 
cMud  have  brought   them,    but 
Bdyw* 

3ui  you  name  any  other  person  I 
BjT  Ooni? 

your  paper  of  the  county 


W^f^ 


jou  aeeii  any  of  them  pay 


Dtify-  Yes,  I  have  aeen  tO  of  dwm  p^ 
money. 

Justice  Doiben.  Why,  you  are  aoqoaintcd 
with  this  man«  are  you  not,  Bfr.  Piunket? 

Plunkei.  My  lord,  I  believe  I  have  saan 
him. 

Justice  Dolben,  Don't  you  know  he  waa 
chaplain  to  bishop  Dufl^  ? 

Plunket.    No,  I  never  waa  in  his  compaiiy. 

Serj.  Jeff,  Pray  tell  him  what  time  of  the 
year  tt  waa  that  you  were  at  Carlingford  ? 

Dufy.  It  was  at  the  end  of  1677,  and  the 
beginnu^  of  1678. 

AtL  Sen.  Pny,  if  you  can  recollect,  was 
you  once,  or  twice,  or  twenty  times  in  his 
company  f 

Duffy.  As  I  am  a  christian,  I  have  been  an 
hundred  times  in  his  company.  And  when  you 
were  creating  .priests,  you  would  always  send 
for  me  to  be  present ;  and  I  wonder  how  the 
man  should  foraet  himself. 

Plunket.  I  do  not  say  I  have  not  seen  him, 
or  that  I  am  a  stranser  to  the  man ;  but  in  tlii* 
company  of  bishop  Duffy  I  never  saw  him,  nor 
I  never  sent  him  ordsrs  to  pay  any  money ; 
and  if  he  did  pay  any  money,  he  might  shew 
the  order. 

Serj.  Jeff.  If  he  did  pay  any  money,  you  d«d 
ill  to  take  It 

Ait.  Gen.  Pray  let  him  have  fair  |day  to  atk 
any  questions. 

Sod.  Gen.  TeH  how  you  came  to  remember 
that  you  saw  him  at  Sir  Nich.  Plunket's. 

Duffif,  Dr.  Duffy  did  send  me  to  air  Nicho- 
las Plunket's,  and  1  met  Dr.  Plunket  aa  I  was 
coming  out  of  the  city.  I  had  been  half  ayear 
at  the  Spanish  ambassador's,  and  he  sent  me 
for  Ireland  asfain,  and  then  I  lived  at  the  con- 
vent in  Dubhn ;  and  then,  when  I  knew  that 
he  would  come  to  town,  I  went  to  Ring's-end, 
where  the  shius  came  in,  to  meet  him. 

Plunket,  You  say  you  were  with  him  at  my 
house? 

Duffy.  Yes, 

Plunket,  If  yon  were,  you  were  invisible: 
But  I  ask  you.  Why  did  not  you  tell  this  to 
some  justice  of  the  peace  ? 

Just.  Dolben.  Good  Mr.  Plunket,  he  tdls 
you,  he  was  aa  willing  to  forward  it  then  aa 
you. 

L.C.J.  How  came  you  now  to  diange  your 
mind  ? 

Dnffy.  I  went  into  France  in  1677,  and  I 
was  not  there  a  vear  altogether ;  but  when  I 
have  seen  how  tne  poor  people  were  brought 
into  such  sUvery  by  the  French  king,  I  thoogbt 
of  it,  and  had  rather  the  devil  should  reign  over 
us,  than  the  Frenchman. 

Just.  Dolben.  He  gives  you  a  very  good 
rational  account  why. 

Dufy.  I  have  been  at  sir  Nicholas  Plunket'a 
and  Dr.  Patrick  Phmket's,  where  there  fell 
some  variance  about  something  this  man  hud 
done  to  -Father  Dufly.  Says  bishop  Dufly,  I 
might  have  had  you  drawn  and  (^uarten>d,  if  I 
were  aa  ill  a  ^^maa  you  $  and  I  might  have  been 
prinuUe  of  Ixdbnd,  if  I  irould  ha\e  undertaken 

'2H 


WKy%  tbr  Nicbolis  AaDkel,  What k  thalf  WSf 
il  i«M  iridf  il  iru  10  tail*  e8,O08  MMida  I  Mlttd 
ai  aay  Jliia  Meaila#  tli*  PNs^i  «t  UMi  Mh 
ri*  f  larAdbM  wagi>  ^ai^  wifc.^^  0At- 
laiid,  or  Irdani].  And  thia  maii  did  awiftw 
baiMJiy  tobio  Ftfdwr  IMIV,  Ibtt  It m/ba 
not  only  to  enlt  himaflM;  but  tfli^  IMaiA 


P/iiiiMi  Mr.  DdlPfy  OM  wcM  iMl  jrM: 
biloltlMoatof  oMficotott^  Aari^mMlig 
aomooftlMdeigyr 

Dm^.  Ym  fid  Mdillg  M  db  wMh  tn^  Ibr 
Intuaftiir. 

^f  r.  Gm.  Swear  Edmund  MnHiiy  (wIMi 
-WMiiaie.)  Tcil^iMrwfe»te]tttiy4rtok«QfDr. 
FIniket  aiid  the  Ifiidi  Plot 

MtHisf.  May  it  akiieyo^atiylirt^Ilria 
on  orate  tint  dbfedHMa  of  ttbfitett  hMtf 
nine  wilneaiei,  I  have  hot  olie  ill  toihi. . 

Xh'  Ca  #•  ^v  Qi^  tu  your  own  lEnowlao^#a 

Ifor^lQiy.  NowriMtyoirlikd^aiWl)r. 
Ptittiketi  ttuit  yon  #ffl  t«a^  it  in  %d  kW  $ 
I  oonU  Ifeilif  ttti  wftneaiM. 

JIf.  Can.  IloyllttiipeidkyMriDfwnevideiM 

Jia^.    I  refer  it  to  the  long  and  MoiMBy 

L.C.J.  Do  not  trouble  yonraetf,  life  fiMM 


niMaf:  Yell  ire  here  now  to  ^eidt  what  yOq 
know  concerning  any  treaaona,  or  mf  warir 
matlera  a||ldint  £«knig,  done  hy  Dr.  fflnnket; 
apeak  your  own  kikowiedge,  for  aatoothet*  Wit- 
neaaea  We  do  hot  call  yon. 
Murft^.   If  I  be  (saOed  in  qneatitm  fbf  ftia 


Ait.  Gin.  Codie,  Mr^  ydh  hare  beeh  at  the 
Spanish  ambaasador'a  lately,  ailiwet  thy  ques- 
tion ;  have  you  eter  been  with  Pltmketin  M- 
huid  r— ilf Nf/ev.  Yes,  Sir. 

Att,  Gen.  Hare  you  eVer  heted  him  own 
hilnadr  Primate  of  Ireland  ? 

Muffev.  Yes/IHtular  Primate. 

Att,  Gen.  Under  whom  did  he  claim  timt 
anthoritV?  nnder  the  khig,  ol>  under  the  pope? 

Murftf.  I  think  he  IsouM  not  be  under  thb 
long  at  all. 

AU.  Gen.  tJnder  whoAi  then  ? 

JMkr^y.   Itlnihitt  heeither  tiic  kuigorthe 

jLc.  J.  Abferw^r  fta«  dli^Miy,  did  he  claim  to 
hf  ^dar  jtrimate  under  the  pope  ? 

•ilk^«r.    I  suMMMe  he  did. 

JLCj.  Wa8lwt«|Mttedg^nerany8otobe? 
^Sf'  Yea,  my  lord. 

'*'wn.  Mr.  Blm^y,  ft^emember  what  yon 
■*•■•  kafiife  the  grand  jtiry :   pray  i^ooUect 
y^jww  whether  that  be  thae,  arid  tell  all. 
^rj^/'^'  Yon  are  upon  your  oath,  you  must 
tSRw  truth,  and  the  whole  troA;  youmust 

^'  WiGt^yo^ai«rornbefbretfie||rand 

I  ^  a#t>m  Mbre  llit«  king  tod 


.  I 


;grand  jnry  traoy  npaB.mar 


NTOSllir 

Seq.J^.  Hepartk;  iril  nay Iqidl  i|«» 

ioiywlyitwiaviirtiiig^iiWfc.  • 
JMnKAwi  I  htfvs  niffMiL  - ' 
il<l.  dini.  Wkf  iM^IfMtfl^jplb^^^ 


tie;  ytnfWiiiiftg^^IiykyiiiiHiiittii^l^ 
UM|  SMlltf y  Mf *  MtaliMf  yoift  '^HK  flHM  II  M; 
Wnat  do  yon  know  or  any  oindan  imsilM^ 
by    Mr.  PWM  t»  iMte  iMMf  IhMiiia 
piieatif 

Jlfar^.    I  kM#tiMM#M«liil4«il 
took  the  ordevB  myodfliiiitlMldb 

AU.  Oik.  WtmtHmwmi  i>iiij|i  ■wir 

Jllar^.  VVoin anafktf^ iiiMriMK 
ilil.G«a«   IMir^MkiM 
ordera  f 


•?• 


Jbi^.  nay  fMiaiMattftPriMifc 
211.  den.   llid  ym  aao  «w  « 


Phnkit^lteii  Ibr  iiyW«r  iM»f 

hy  hia  anthority,  aa  I  npfoaa. 

Aif.Gtm.  Vpmi9miSS,m  yttfl  ihllll I 
luftii  Ihd  fli'awl  fnU_  llial  jimMi  ftjJwSi 
underhiahandf  ■   "^^Jr     ' 

Bf^Mfif.  N0|  I  dM  IAm^  nl^  I  "liill  vMHpMi^ 
IbritwaaonlyWhndBMiHi.  '     ./.'Lj,' 

2<^.  Gcti.  Prajf  lad  yiH  iky  iMMMN|fc 
Olirer  PInnket  aMmt  Aa  raUMP  df  dbariNV':. 

Ifar^iyrmreir  Pfenkei  kboBllktt  HUflT 
money? 

jiu.  Gtn.  Yes,  tbatb  a  pla&t  qocMteL 

Murfey.   It  was  about  omef  milttcffs  I  Oli^ 
versed  with  hiiA. 

il^/.  GiTfi.   But  did  yon  ooitv«rflft  wtt  Ini 
about  money  ? 

iVf iirMr.  No,  liot  MMt  Ad  mMe/. 
'  AU.  Gtn.  Upon  your  oathidklyimoti 
with  him  titoiit  bringmg  m  the  mhtdlt 

Ser}.  Jc^I  Dedaie  tw  irath,  tofi^e. 

L.  C.  J.  Coihe,  don*t  trifle ;  whkl  i 
have  yon  had  with  th6  ttHidoer  ahOylildim^ 
money,  or  brhiging  m  Ac  Fmdl  ?  SltMr«i 
them^  Bik*^ 

Mafffy.  t  know  tlds,  if  Ae  dnkli  of  Y«ft 
and  duke  of  Ormond  had  proceeded  MMttag 
to  their  iltlentHyna,  it  waA  a  general  dotfitetlin 
at  Ae  same  time,  tlut  ail  tlm  Frenck  and  mb' 
woidd  <NNne  diHl  fbll  dpte  Ae  AngWi  nUka, 
as  I  understood. 

X.  C  X  Pray  ansWer  Ae  qncMlion  UtleRlt: 
You  must  not  come  and  Aink  to  trifle  wMl  fa 
court,  you  must  speak  the  truA,  YonhrbaMn 
to  it ;  you  must  not  come  to  diubhio  iltti  ViSX 
about  to  thb,  and  Aat,  and  t'other,  hoi  liMtr 
directly,  have  you  had  any  dnooOrae  wiA  ml 
prisoner  about  orders  for  raku^  of  nMWjjr  lb- 
Ireland  ? 

Murfetf.  Yes,  I  have  seen  ovdenlMilil' 
Yicar  (}kAeral  for  Ae  racAig  Of  ittdbMr. 

L.  C.  J.  HaA  he  own^tfaem  to  be  It  Ui* 
direction? 

Murfey.  Not  before  me,  hut  oAMnft  lA  Iftl. 

Att.6e9ir.  Have  yon  Mia  abyhbooeyfillt» 
him?  •* 


I 


I 


m^'.\ 


4\^,  Qem,  ^e  boHi  heard  him,  aad  he  gave 
the  fullest  erideDce,  much  fuller  to  allinatanoas 
and  particulars  of  this  High-Treason,  much 
itiller  thanPuffy.  to  die  graiid-jurjr.  After- 
w«r48|  iibiyut  three  weeks  ago,  the  trb  coming 
on,  he  ran  away  and  lay  hid ;  I  took  a  great 
deal  of  pains  to  fUid  him  out,  ^IjmI  seat  mesaen- 

Sen  about  S  »l  M I  heard  he  Was  eot  to  the 
panish  ambassador's,  I  sent,  and  they  w^tA 
him  in  the  chepel ;  but  the  Spanish  ambassa- 
dor's servant  feii  upon  die  messengers  aod 
beat  them,  the  ambassador  was  first  jKnt  to 
alitout^  1^  bk  exeidlency  promised  that  he 
should  be  brought,  fm4  when  he  was  found 
he  told  me  but  the  last  night,  that  all  he  had 
sworn  be/GNre  the  gnmd  jury  was  true,  and  he 
was  ready  to  make  it  out  again. 

X.  C.  J.  And  now  he  aays,  be  knmva  b<K 
what  he  said  then;  pray  take  notioc  of  that 

H¥rfc!f.  1 1^  the  grand  jury  this,  that  my 
lord  Plunket  had  a  design  to  get  00  or  70,000 
me^in  Ireland,  H  theduke  ofYAik  and  the 
duke  of  Monmouth  should  fall  out 

4^t.,  Gen,  Did  you  tell  a  word  of  that  to  the 
grand-jury  ? 

Murfejf.  Yes,  sir,  or  I  was  mistaken. 

Att,  Ccn,  N(^  one  word  of  thai  did  he  dum 
•ay. 

L.  C. ./.  Do  you  own  this  man,  Dr.  Flunket, 
to  be  of  your  religion  f 

S^.  Jefinet,  Do  you  knov  this  Seeker? 

Plunket,  He  says  himself  he  is  indilfeientto 
be  a  protestant  or  a  papist 

S^  Jeffttiet,  I  MriU  only  try  yon  by  one 
question  more,  for  you  are  sought  out,  audit 
may  be  you  may  be  found:  do  vou  kmrr  how 
many  luen  he  wat)  to  raise  mlrsUoid?  remem- 
ber what  yofu  said  to  the  grand  jury. 

MuHey.  70,000  men. 

JL.C.J,  Hliat  were  they  to  do  f 

Murfy,  For  establishing  tf  oooasion  shoidd 

Sorj.  J^firiet.  EstaUisliing,  establishing 
what .'' 

Mjurftjf.  Of  the  Romish  reliffion. 

Serj .  Jeff'triet,  Well,  sofo  we  nare  got  70,000 
men  to  establish  the  Komish  religion :  What, 
WW  Plunks  to  do  thisf 

Murfey,  As  far  as  I  undcntood. 

Just.  Jbvei.  And  yon  understood  it  by  him- 
self? 

Mutfey.  I  receired  letters  from  the  vicar- 
general  to  got  so  much  m^uey  colleoted,  and 
as  soon  as  i  got  the  k*tters  to  my  hands,  I  sent 
them  to  a  priFv  counsellor. 

X.  C.  J.  Do  you  not  know  that  he  was  en* 
gaged  to  assist  the  fVoich  army  ? 

Murfey.  I  do  not  know  tliatl>y  him,  but  hj 
others.* 

Just.*  Do(^.  Did  you  erer  discourse  with 
him  about  it  f 

Murfey,  I  did  discourse  with  him  about  ae* 
veral  matters. 

Just.  Dolben,  About  the  French  army  ? 

Murfey,  Yes. 

X.  C.  X  Do  you  know  that  he  did  ende^roiur 
to  bring  them  into  Iretand  P 


y*  To  whom? 
ren.  To  PhuOselU 

To  the  Vicar  General  I  have. 

But  to  Plunket? 
By.  None  to  Plunket. 
J.    Have  you  had  any  discourse  with 
any  time  about  the  raising  of  money 
m  Vicar  General  gave  onier  for  ? 
?y.  I  have  had  discourse  widi  the  Vicar 

/.  Sir,  don't  trifle ;  have  you  had  any 
1? 

With  him? 

Yes,  with  him. 
fy.    Yea,  I  have  had  seme  discourse 
I. 

J.  Tdlme  what  discourse  this  was? 
y.    I  think  it  was  about  this :  If  the 
York  and  the  duke  of  Moumouth  fell 
ther,  that  he  had  some  men  to  raise 
i  matter,  and  if  theduke  of  Monmouth 

iae  the  PrtiteMalit  religionr • 

f€n.    You  see  he  hath  been  in  Spanish 

X  Were  you  a  Protestant,  Sir  ? 

v.  Ko,  I  am  a  priest. 

«^  He  is  to  seek  yet 

y.    I  am  indifferent  whether  I  be  a 

It  or  priest. 

m.   My  lord,  he  b  a  priest  in  orders, 

Mh  acknowledged  himself. 

y.  Yes,  I  am  a  priest,  but  it  makes  me 

yadf  to  see  so  many  evidences  to  come 

lever  knew  Plunket. 

/.    Snr,  you  refuse  to  answer  those 

I  that  we  put  to  you  here. 

y.  What  I  said  before  the  Pariiaroent, 

rnctually. 
You  are  asked  questions  here,  and 
laa  a  witness,  will  you  answer  direct- 
t? 

nf.  Yes,!  wiO. 

X  llien  let  roe  liear  what  discourse 
with  the  Primate  Plunket  concerning 
ley  raised  by  ^m  or  his  Vicar  General. 
py.  May  it  please  your  lordship,  first  of 
I  aot  impeach  Primate  Plunket,  but  tlie 
md  jusdees  of  the  peace. 
loma.  Had  you  any  discourse  with 
I  or  no  ? 

fy.  Hud  he  should  find  so  many  Ca- 
I  Ireland,  if  the  duke  of  York  and  the 
ilownonth  fell  out 
Ihucf.   Why,  it  phunly  appms  wliat 
w  at  at  firtt,  to  put  off  this  trial  if  you 

-J.  *TW  papists  m  England  have  been 
viA  you. 

UipMi.  I  perceived  this  gentleman 
fwm^^'iaolaaf  upon  his  liat,  I  desire 
hiawdhed,  if  he  have  no  paper  about 


Jfr.Mioitarandnys^heard  the 
pmtarehe  gnnd-jury. 

^  outeCtbr  oonrt,  and  would 

l^^^y,  ^^v^ff^p^^v  ev^^%M^a  ^^hWauff 


471]  STATE  TRIALS,  33  CHAftLS8  IL  \6^l^1Vkl  (^ Dr.  (^wtr  Phmkd,  [47f 

Mwfhf,  I  bad  a  corpaapondttice  in  Ynatot 
ttdie  aametime— 
L.  C.  J.  l¥ith  whom  ? 
Jiiirf^.  With  one  Mac  Carty. 
L.C.J.  And  do  yoa  know  tliat  be  bad  cor- 


wpopdBnce in  France? 
Mmrfn,.  ^ 


rfy.  Yea,  I  knowtbat. 

Just.  Volben,  Whb  wbom  bad  Flnnket  cor- 
MKHidenoein  France? 

Murfnf,  He  bad  correspondence  with  Dr 
Ck«y  and  others  in  France,  as  I  understood  by 
otbm. 

Joit  Dolben,  Was  the  end  of  dial  corres- 
pondeneeta  bring  men  from  France  into  Ire- 

Mmrfiv,  Yes,  so  for  as  1  understand. 

Just  Ihlben.  You  understood  the  letters 
when  yoo  read  tbem,  did  you  not  ? 

Murfey,  I  know  not  how  these  people  come 
to  swear  this  business,  whether  tney  had  not 
malice  aeainst  him — 

Aii.  Oen,  Well,  sir,  pray  give  you  your 
evidence,  we  will  take  care  of  the  rest. 

Jttst  Dolben,  I  reckon  this  man  bath  given 
the  best  eviilence  that  can  be. 

X.  C  J.  Yes,  it  is  evidence  that  the  catholics 
have  been  tampering  with  him. 

Serj.  Jefferiet,  I  desire  he  may  be  committed, 
my  mrd,  oecausc  he  hath  fenced  from  the  be- 
ginning (Which  ^*as  done  accordinely.) 

Att.  Gen,  Swear  John  Mac  Legh.  (Which 
was  done.) 

Sir  F.  Witkens.  Tell  my  lord  and  the  jury 
what  you  know  of  any  plot  in  Ireland  to  bring 
in  the  French. 

Mac  Legh,  I  was  a  parish  priest  in  Ireland, 
ill  the  count\'  of  Monaghaii,  and  Dr.  Oliver 
Plunkct  received  several  sums  of  money  in 
Ireland,  and  especially  in  the  diocese  w  hen'  1 
am.  I  raised  some  of  it,  and  paid  him  40f.  at 
one  time,  and  30f .  another  time,  in  1674  I  ]Kiid 
him -105.  in  1675,  I  paid  him  505.  and  it  \\  as 
about  July,  nnd  it  was  tor  tlie  better  advance- 
ment of  the  Fn-ncli  coniini^  in. 

Mr.  Jones.  Did  he  tell  you  that  the  monoy 
was  to  be  employed  that  way  ? 

Mac  Legh.  V'es,  that  the  money  was  to  be 
k^t  for  anus,  and  ammmiitiun  tor  the  Ro- 
man catholics  in  Ireland. 

Xn  C.  J.  Before  you  paid  it,  did  you  receive 
any  order  fn»ni  hini  ? 

itac  Legh,  Yes,  I  received  an  ortler  *  sub 
pcena  suspension  is,'  and  there  was  a  public  order 
throughout  Ireland,  or  we  would  nut  j>ay  it ; 
nay,  sevenil  would  not  pay  it,  and  thty  were 
to  be  suspended. 

Plunkct.  Can  you  shew  any  of  the  orders 
undtT  mv  hand  f 

Mac  y^fj^h.  \  ••»{.  1  can  slu'w  them,  hut  only 
they  are  afai*  off*  1  did  not  exiK'ct  to  have  theni 
asked  lor. 

Flunhrt.  Have  you  no  su|K.riors  of  your 
own? 

Alric  Legh.  Yes.  but  you  l»eiug  loni  pri- 
mate, you  i*oidd  susjimd  bishops  and  inferior 
dMy  together. 

PXmAcI.  When  iiiathbP 


JIfac  Tjegh,  In  1674  and  1675. 

Flunket.  What  is  the  reason  you  kepi  it  so 
secret  all  this  wUfe? 

Mac  Legh,  In  die  year  1677,  I  did  dis- 
cover it  to  one  Mr.  O'Neal,  whom  I  eenl  to 
Dublin  todiscover  tbisplot  1  was  in  Franoe 
myself,  my  lord. 

Flunket.  How  many  years  is  it  finoe  yoa 
retumfxl  irom  France  ? 

Mac  Legh,  In  May  in  the  year  1678w 

Flunket.  Why  diil  you  not  speak  all  tfu 
while  till  now  ? 

Afac  l^mh.  I  did  send  one  Mr.  Hcwy 
O'Neal  to  Dublin,  for  I  durst  not  go,  lesl  1 
should  have  been  suspended  and  esoonummi- 
cated. 

Att.  Gen.  This  is  the  priest  thai  Heaiy 
O'Neal  speaks  of. 

£.  C.  J.  Is  not  this  a  very  good  reason  ?  tf 
he  had  come  to  Dublin  to  discover,  you  woaU 
have  suspended  him. 

Flunket.  But,  my  lord,  then  he  might  havf 
shewn  my  suspcmion,  and  brought  ma  into  a 
pnemunire, 

Serj.  Jefferiet.  If  you  please.  Doctor,  let  as 
who  are  for  the  king  nave  done  with  him  8nL 
I  would  ask  you  another  question,  sir,  wqayaa 
at  one  vicar  Brady's  boose  ? 

Mac  Legh,  Yes,  I  was. 

Att.  Gen.  Tell  what  was  done  there. 

Mac  Ltgh.  There  was  bishop  Tyrrel  tmm 
there  with  40  horsemen  well  mounted  aai 
armed,  he  came  into  the  hotise  about  10  in  the 
morning,  and  staid  till  about  11  at  night,  I  was 
ver}'  much  anion^  them,  and  was  as  H'lDingto 
he  of  the  pint  as  tTiemselves. 

Att,  Gen.  Tell  what  was  done  there. 

Mac  Legh.  Thert^  bishop  Tyrrel  said,  tbal 
he  had  orders  from  doctor  Oliver  Plunket,  and 
others  to  partake  of  the  Plot  to  bring  in  tfat 
French  and  subvert  the  ij^overnment  in  Irelanii 
and  destr(»v  the  Protestant  relis^iun  and  thePto- 
testants. 

Alt.  Gen.  Wastlierean  oath  griven  ? 

Mac  I^egh.  \'es.  they  were  all  put  to  thdr 
oaths,  which  the\*  did  take  willingly  to  keep  it 
private  during  their  lives  time,  and  *the  reason 
was  they  \s  ere  to  have  tlit4r  estates  during  their 
lives  time. 

Seij.  Jeftries..  Now  ttll  us  when  this  was? 

Att.  Grn.  My  lord,  Henry  O'Neal,  aail 
Phelim  O'Neal  speak  to  the  same  purpoiw. 

tierj.  Jcft tries.  Do  you  remember  whetbtr 
H  enry  O'N  eal  was  there  ?  Did  he  take  the  onb 
of  Swrecy  ? 

Mac  Lrgh.  Yes. 

Att.  Gen.  What  do  you  know  of  any  let- 
ters from  Plunket  ? 

Mac  Legh.  In  France  I  landed  at  Breit, 
and  sf^m^r  through  Brittany,  I  met  with  bisbs|r 
Tyn-ell  and  Dr.  Cray,  who  was  my  lordOhw 
PluiikK\  agent,  ani  duke  John  of  Great  Bri*' 
tanny  came  into  them ;  for  he  heard  of  thCN 
two  bishops  being  newly  come  out  of  RoBMf 
sent  fiH*  them,  and  I  bt^iiig  a  priest  of  TyrrdTl 
diocese,  1  went  along  \rith  them,  and  they 
well  accepted,  and  he  shewed  Dr.  Oliver  * 


STATE  TRIALS,  33  Charles  II.  1681.— /»r  High  TVeaton. 

•dhiont  with  the  king  of  France,  which 
i«  ;  to  get  Duhlin  and  Londonderry, 
he  sea-ports  into  their  own  hands,  to 
rand  oestroy  the  protetitant  religion, 
t  they  shoukl  have  him  to  protect  them 
bin  fafe-time. 

J.  Did  you  see  those  conditions  ? 
Ltgh.   A  copy  of  them  I  did,  the  go- 
of Brittany  did  shew  them  to   the 

Jtfferies,  What  language  were  those 
nsin? 

Ltf^k,  The^  were  in  Latin,  sir. 
Jeff'eria,  Was  Edmund  Murfey  put  out 
liooese? 

Ltgh.  Not  as  I  know  of. 
/.  Wliat  do  you  know  of  his  being 
?  Upon  what  conditions  was  he  made 
? 

Tfgh,  He  was  made  primate  by  tlie 
or  tlie  kinff  of  France.  And  upon  liis 
be  made  those  conditions  with  the  king 
»,  to  raise  men  to  join  with  the  French, 
rv  tlie  Protestant  reli«7ion. 
tomeM.  You  know  that  man,  Dr.  Plun- 

kff.  Yes,  my  lord. 

Gen.  Will  you  ask  him  any  questions  ? 

bf .  None,  but  what  I  ask^  the  others. 

DuUkh.  Then  if  that  is  all,  he  hath 

Ml  a  good  answer  to  that  already,  he 

orward  then  as  the  rest. 

>eii.  Tliensweur  John3Ioyer.  (Which 

e. 

Jemes,  Wliat  do  you  know  concerning 

t  in  Ireland,  and* Dr.  Phmket's  being 

r.  I  knew  him  first,  my  lord,  to  be 
ffimate  of  Ireland,  engagin$;r  that  he 
■0|iagate  the  Romish  iaith  in  Ireland, 
■UMTO  it  to  the  catholic  government ; 
WW  the  time  bv  relation,  that  I  came  to 
rithin  two  months  ailer  his  U^inj^  marlo 
of  Ireland,  upon  the  same  c<»nditions 
re  been  related  to  yon  ;  and  1  wns 
:  into  the  convent  of  8t.  Frauds  in  Kome 
piBther  — ^  and  this  Father  was  vciy 
i  with  Canlinal  Spinola,  and  when  hv 
go  abroad,  lie  used  to  caiTy  me  alon^' 
n  as  a  oomjiaiiion,  and  there  1  found  se- 
fthe  Romish  cardinals  say,  that  the 
n  of  IrelamI  should  come  under  the  ca- 
offlmment  by  the  way  and  means  of 
lanmaiePianket. 

Cm.  What  do  you  know  of  yourself? 
sr.  Aa  J  was  then  from  Home,  1  hap  - 
»0Oliie  into  a  Convent  of  the  order  ni' 
and  there  came  out  of  Ireland  a 
of  the  family  of  the  O'Neals 
mj  kxd  Primate's  page. 
|ilL_]  never  had  a  page. 

1  lermed  him  so,  my  lord,  in  Ire- 

1  came,  this  young  man  had  a 

with  him,  as  though  they 

to  enter  him  into  the  coi- 

Jkie^  directed  to  tlie  socre- 

Aud  thinking  them  to  be 


K. 


[♦74 

letters  of  recommendation,  an  old  Father,  call- 
ed one  Thomas  Crawley,  and  I,  thought  it  not 
prejudicial  to  open  the  seal ;  and  the  contents 
were  these,  I  translated  them  five  years  ago^ 
and  h&re  are  the  contents  following,  if  you 
plealse,  they  may  be  read,  I  will  do  my  best  to 
read  them  in  Ensrlish,  tlie  original  were  in 
Latin,  and  some  phrases  in  Italian.  And  when 
I  was  surprised  by  Mr.  Murfey  the  last  year, 
and  taken  suddeidy*  all  my  papers  were  taken 
away  beibre  I  could  retuni  back  again,  by  the 
soldiers  and  the  tories.  1  only  kept  a  copy  of 
this  letter  I  had  in  English  as  near  as  I  conid, 
and  if  I  did  not  diminish  any  tiling  by  tlie  tran- 
slation, upon  the  oath  [  have  taken,  f  have  not 
nut  any  thing  in  it,  but  what  the  contents  of  the 
letter  were. 

X.  C.  J.  Was  tliat  letter  under  his  own 
hand? 

Moyer,  My  loi-d  cannot  deny  that. 

Flunket,  Do  you  know  my  own  hand- 
writing ? 

Moifer,  Does  your  lordship  deny  that  I 
know  your  hand  ? 

Plunket,  Pray  sir,  ^ill  you  answer  it  ? 

Moifer,  Yes,  1  do  very  well. 

Ptnnket.  When  did  you  have  Ireland  f 

Mtftfcr.  I  will  tell  you  tliat,  my  lord,  it  is 
some  14  or  15  jears  ago. 

8er}.  Jeff.  Y  ou  were  giving  an  account  of 
the  letter,  read  it. 

Mother.    Here  is  the  contents,  Illustrisdmo 

Domine;  it  was  directed  to  Heignior ,wh6 

is  now  secretary  of  the  college  de  propogandm, 
fide,  (8o  then  be  read  his  Paper.) 

SoL  Gen.  You  say,  you  translated  that  out 
of  a  Letter  under  the  prisonei-^s  own  hand  P 

Mayer.  Yes,  I  translated  it  immediately,  and 
to  prove  it,  1  have  statutes  which  his  lordship 
made  in  the  general  national  council,  which 
arc  under  your  own  hand,  my  lord. 

•So/.  Gen.  When  did  you*  make  this  trans 
lation  ? 

Moyer.  Fi\  c  years  ago. 

Sol.  Gen.  Where  did  yon  make  it  ? 

Moyer.  I  made  it  out  of  the  original  in 
Ireland. 

Sol.  Gen.  Where  is  the  original  ? 

Moyer.  When  I  was  taken  by  Mr.  Murfey 
and  Mr.  Ilcthriuti^dn  the  last  year,  the  soldiers 
and  tories  cainr:  and  took  them  away,  with 
other  papers  1  had  of  the  same  business. 

L.  C.  J.  Was  the  pa|)er  you  translated  from, 
of  his  hand- writing  ? 

Jiloycr.  No,  my  lord,  the  paper  I  took  this 
out  i)i\  was  a  copy  oftlio  original. 

Is.  C.  J.  Was  the  original  of  his  hand- 
writing I' 

Mover.  Yes,  it  was. 

L.  a  J.  When  did  you  take  it.' 

Moyer.  In  Caprenmca,  when  I  met  with  my 
lord's  iMijre. 

L.  C.  J.  What  made  you  take  a  copy  of  it  ? 

Mnyer.  1 1  was  in  Latin  and  Italian,  and  I 
transh^d  it  alierwards. 

L.  C.  J.  And  the  £ngli«th  father,  you  say. 
made  bold  to  open  it  ? 

t 


475]  STATE TRfAIA  SSCharlbsH.  l681.-.2Wfl/^l>r.O/JNr  JPto 

because  we  have  many  coUara  1 
and  BO  there  is  no  country  of  Rooii 
but  hath  an  affent  in  Rome. 

X.  C.  J.  You  had  better  reser 
till  by-and-by ,  to  answer  that  and 
to^retber;  for  this  b  but  a  small  ] 
evidence. 

Ati.  Gen.  About  this  letter  you  i 
ing  of,  pray*  will  you  tell  what  fell  o 

Moj/er.    I  will  tell  you  how  it  fel 
wards.    Then  1  came  along  into  Ad 
France,  and  there  were  two  captau 
as  much  notice  as  I  had  in  that  letl 
were  discoursing,  that  they  woul 
themselves  in  the  French  kind's  s 
hoped,  tliat  by  the  king  of  Franoi 
have  the  Roman  Cathimc  faith  set 
own  country ;  why,  that  discourse 
tor  I  was  mightily  afraid  of  any  s 
because  I  was  of  another  opinion ;  , 
I  mi^ht  think  the  Roman  Catholic 
flourish  as  we|l  as  ever  it  did,  and  I 
well  as  any  body  else,  but  not  by 
As  I  Came  to  Madrid,  there  came 

O'Donnell,  son  to O'Donndl 

ters  of  recommendation,  and  those  I 
to  intitle  the  young  roan  carl  of  T] 
likewise  that  his  majesty,  the  kin^ 
should  help  him  for  Irelajid,  acroni 
form  of  the  letters  he  had.  And 
came  for  Ireland,  speedily  after  t 
letters  of  recommendation  to  me,  tfa 
present  myself  to  my  Lord  Pnnic 
confessions,  and  be  heard  preach, 
his  lordship  at  his  own  house  the 
comber  1674,  and  there  he  kq>t 
hours,  and  approved  me ;  and  the  c 
approl>atiun  I  have  to  shew.  And  i 
disi)iite  we  went  aside,  and  went  to  1 
Patrick,  and  there  he  shewetl  mc 
such  thin^.  And  after  a  long  disc 
my  I^nl  Primate,  I  saw  your  lor 
U'v  uiiioh  vou  sent  by  young  O'Nc; 
place,  and  lie  showed  me  the  contend 
said.  Ay,  my  lord,  it  is  a  good  inl 
dcsit^n,  if  it  can  be  done  without 
then  my  lord  mu>^l  a  little,  and  h 
futlicr  Francis  (which  is  my  name  i 
my  Christian  name  was  John)  pra 
kepp  it  Kccret  ?  Well,  my  lonl.  si 
necfl  not  fear  ;  for  said  he,  whatc 
done  heiehi  was  not  for  my  own  go 
the  public  cf(N>d  oi'thc  Cafliolics.  \ 
it  is  \icll.  Then  !ie  does  commend 
parish  of  '-.here  this  Mr.  >] 

'A  as  to  put  in  a  hull,  that  1  had  fmi 
Pi'iniate,  which  hull  was  brought 
year  ;  and  there  he  protrcred  me  hij 
tioiLs,  if  1  woidd  further  such  things 
such  G^eutlcmcn  as  I  knew  would 
in  such  a  business,  such  as  were  okl 
Mrs  among  my  friends  an!  relationi 
ziler  this  J  saw  Plunket  and  bish 
:uul  captain  Con  O'Neal,  practisHi 
soldiers  ready  for  Ireland,  as  soon  at 
get  opportunity.  This  captain  C 
oaraing  to  the  place  where  we  kift  • 


Moycr.  Yes,  becaufe  he  tlioiifl^t  it  waa  a 
letter  of  recommendations ;  hut  the  original  oi 
the  statutes  made  at  Clouds,  1  did  take  ih^ 
original,  and  eave  a  copy  to  the  page. 

X.  C.  J.  mve  you  the  original  bere  ? 
.    Moyer,  Yes,  my  lord,  under  his  own  hand. 

Flunkel,  That  is  another  thing. 

£.  C.  /.  But  we  would  know  that  other 
tldng. 

Sen.  Jtfferiet.  My  lord,  I  desire  that  he 
voulo  produce  H,  h  is  his  own  hand- writing  ; 
see  whether  his  grace  can  deny  it. 

Mqyer,  The  signing  of  it  is  his  own  hand- 
writing, I  got  the  writing  alon^  with  the  letter^ 
and  thinking  to  have  a  copy  of  the  one,  as  well 
as  of  the  otGer ;  it  was  the  Statutes  I  got,  and 
I  never  knew  I  had  them  till  I  was  in  Madrid, 
in  Spain. 

Then  the  Paper  was  shewn  to  the  Prisoner. 

Flunktt.   My  lord,  it  is  my  hand. 

Moyer,  Indeed,  my  lord,  it  is  your  own 
hand. 

Serj.  Jefferies.   He  owns  it, 

Mayer,  And  there  is  an  order  in  those  Sta- 
tutes, wherein  Ireland  was  bound  to  send  so 
much  money  to  Rome,  upon  such  a  dengn. 

Then  the  Witness  read  the  title  in  Latm. 

Juft.  Dolhen.  Look  out  that  clause  for  the 
railing  of  the  money. 

Moytr,  My  lord,  it  is  that  I  look  for.  <  Cum 
*•  tot.   Clero  in  Hibemia  neoessarium  sit.' 

Just.  Dolben.  That  is  but  negotia  generally. 

Serj.  Maynard.  That  was  to  solicit  their 
affairs. 

Alt,  Gen.  It  is  500/.  in  tlie  whok. 

Flunket.   Is  it  500/.? 

Moyer.    It  is  in  figures  a  .'i  and  two  00. 

Plunket,  My  lord,  this  is  counterfeit,  it  is 
put  in  by  other  ink. 

Just.  *  Dolben.    Like  enougli  so. 

L.  C.  J.  Nothing  more  ordinur}'^,  yon  leave 
a  blank  for  the  sum,  and  then,  may  b4',  you 
put  it  in  with  other  ink. 

Just.  Dolben.  How  much  do  you  say  was 
the  money.  Dr.  Plunket  ? 

plunket.  My  lord,  every  agent  that  is  kept 
at  Rome  hath  a*  maintenance,  as  all  countries 
have  their  agents  at  Rome. 

Just.  Dolben.   How  much  was  itf 

Plunket.    It  was  60/.  a  year. 

L.  C.  J.  Look  you,  Mr.  PIvmLrt,  coiisider 
with  yourself,  50  or  500  in  this  case  is  not  five 
farthings  difference,  but  the  money  was  to  be 
raiseil  by  your  order. 

Pl'jriket.  Ay,  but  whether  it  was  not  raised 
to  this  effect.  There  is  ne\er  a  nation  where 
the  Roman  Catholic  religion  is  professsd,  but 
hath  an  anrent  for  their  spiritual  affairs  at 
Rome,  and  this  was  tor  the  spiritual  affairs  of 
the  clergy  of  Ireland. 

Serj.  Jeffrriff.  And  the  letter  was  for  spi- 
ritnal  afllairs  too,  was  it  not  ? 

Plunket.  I  desire  nothing,  tliat  is  a  truth, 
mnry  aatian  bath  an  agent,  and  that  agent 
must  be  maintained ;  and  the  reason  is  Uiis, 


itfATE  Trials,  33  CKAktci  11.  i64i^«r  mgk  fWatM. 


:«f« 


And  thM«c*ptun  C«d 
!  and  ludgea  nilh  us,  and  disco iirEi?d 
■whw  add  I,  becBuse  I  nai  hii  rooi- 
jrund  MS,  about  thefe  ntuttm,  that 
led  my  LcFrd  I'riinate  uml  biNhop 
ntuii^  thither  titai  niglit,  l>i  inake 
hivmIsaIk)!!!  the  Clitircli  und  ntlier 
fter  10  ii'clocli,  or  thcrenbuut^,  tdV 
mle  arnl  bishop  1'yrrel  cHine,  witb 
tbrlr  rominnv,  niid  there  tb^  abd 
Nf9^  did  Miisull  amon^  ihemst'lres, 
sliatlM  SMiil  ra|>IaJn  ('iiti  to  Prance 
imloDBwith  siichnnd  such  instru- 
nd  scwling  ihcweinstnitiients  a^bt, 
in  dfpvla  the  country  and  ffMi  for 
m  nfitr  ;  nnd  xpeMlilv  my  l/ird  Fri- 
eiiook,  that  he  aiidT  ])iGho|i  Tyrrel 
Mt  MiitiKtFT  and  Ulster  and  uttier 
cluuil,  to  li-v  hutvilfUinsiinid.  HuOn 
juni  I'Tiniatecfllb  n  ^eni.n'al  ptnviu- 
il,  aod  aenda  out  his  order*  to  levy 
lufb  tui9  and  Kute'idlcs,  «[]<!  irar- 


)Kd  "Tt  to  Hnmehefore,  would  coni- 
int  lUl.  And  th«ii  0'N«aJ  went  to 
Tts'ft  Oharlrmontanl Dun  Gannon, 
■e  Itfrdiidid  ^clicdhf  tnottcy:  the 
**t  itta  ith  tnjr  ««*  (iroiie r  eyes, 
njnanmnffssiJIiefiiti'tbp  coujinl  in 
hnt  my  liird  gare  tfaem  under  bin 

Ifrrut.  What  vrar  was  lbi«? 
It  ITU  in  l«r6,  (0  the  best  of  my 

.  LuMk  yon.  Sir,  was  this  at  a  pro- 
Rinirf 

Yts    mr  Innf,  a  (rcneral  national 
laend  oi-ct  Lmirninnils,  u>  toUthpfii, 
ITRTC  imdy  In  assist  any  fiirei(^  aniiy 
i  hc'pon  thi'  di:3i<jn. 
.  And  tu  rnise  money  f 
Yea,  my  lord. 
iolien.     Hare  you   paid  bim    any 

I  waa  exempted  myftelf,  but  1  bare 


Iptteit.  How  many  ? 

I  helicTC  30. 
MkH.  It  was  not  a  accrct  thing  then, 
rdonehv  tbem.  

V«,  f  aaw  Ihpm  when  they  rtimc  1  litter 
ra,  tbere  were  fonr  prii-sts  ami  tln^,  ■=*'"■ 
■t  dnk  bag  gtAajg  tviUi  ordcni  np 


1  cannM  remember  the  tMTtiralir  tmk ;  but 
thai  CTcry  pricn  cbonhl  fire  to  much  towif^r 
nn  agent  ra  Rome  10  Hbril  theb  bunneM,  ami 
tbrwardit. 

X.  C.  J.  VfhUyearwmitT—'Moi/fr.  1678. 

L.  C.J.  \Va>;iujyot'thc money speoiHedfbr 
ninng  an  army  nt  bringing  in  the  French  ? 

Moytr.  It  wai  both  f-ir  the  ngnt  radio 
suQimoD  a  national  toum ;],  to  gtt  tliingv  retdy 
{irepared  («  tuttriiiiii  and  Bo<v{it  the  Fivncb 
amy  h  hrn  it  should  eoine.  I  ani  not  so  good 
in  cxprFMing  myself  in  English. 

L-iJ-  J  Your  sense  IS  [{und,  it  is  no  matter 
for  your  «Xprtssion. 

Mr.  Jouri.  Wliat  more  do  roiiknow  ? 

Jlf'rjii  f.  I  kiiowihadiv  hudihe  same  council, 
and  that  ibey  did  agree  u|hiii  the  basinets,  and 
thtH  I  know  by  one  Patiiek  Booine,  and  I 
being  Willing  fliat  this  wicked  action  Chouldbe 
hindf^ed,  sent  lo  the  next  justice  lu  disoluuge 
myself  of  it,  which  justice  «as  as  farounMe  to 
the  busineas  as  my  lurd  himsalf  wav. 

L.  C  J  Will  you  aak  bim  aey  qtiertmia. 
Mr  Himkrt  ^ 

PluHkel.  I  deiire  to  know  when  be  left  Ire- 
land. 

Mayer.  I  cannot  tell  bow  to  number  the 
yeara,  btit  1  think  it  wai  ui  IflflSor  63,  to  the 
Mtt  of  my  LismeinbrBnce  it  ttAs  16  or  lr  yean 
ago.—Plunkfl    When  did  you  return  f 

MoytT.  Icunefaack  in  1674,  you  know  it,' 
my  lord. 

Ptankf.1.  Very  well,  when  did  yon  lee  tlw 
letter  witb  tl>e  young  man  in  CaprcnniM  P 

JMnyer.   In  IflTB. 

PIurM.  How  then  did  you  know  my  hand, 
which  you  hnil  jleVernccn  > 

lUyr.  1  baresi^nitseieral limes  toBCTv- 

nil  iii'ili-unionls  loWtijfuior ,  nnd  I  ha>e 

seen  several  otherltltiTs  of  your  hand. 

Phfkfl.  HoH-dMyouloicfwrnyhand? 

Jlf.^ir.  Kaiiiiot  |>witin-ry  My  I  tbenhnew 
jroiir  nand,  bin  Bcconlincto  relation,  I  heard 
It  from  thote   canliiials   I  cntrenwd  with  st 

L.  C.  J.  But  How  yoii  are  acquainted  u-ith 
his  band,  in  it  the  same  band  tbat  you  hare  seen 
up  and  down  in  Mritinf^  witb  bis  name  to  ? 

M-yer.  Yes,  my  lord,  it  ii  the  very  sjinc 


back 


you  romc 

-  such  a 

he  o«  ti 


.lar. 


f.  Why  were  V01 

BeMiaelam'ai 
WiUmt,  You  toy  v>u  saw  the 
:«MBeT,  how  do  vnu  kmiw  flu 
WaniAiTed? 

kwM  ttiere  ap^ifird  dixrn. 


at.  HonrwasiUitCL'ificd* 
toy  ID  niVcti  raottey  per  prieit. 


Sji-Tj.  Jrf.  I  ask  you.  Sir,  when  yo 
ick  ^nin  and  told  bim  you  bad  seen 
rter  under  bis  band  with  O'Neal,  did 


Af.'^cr.  Ye*,  he  did  own  it,  and  th.i<  he 
did  o'lt  do  it  lor  hia  own  benefit,  but  tur  thr. 

Serj.  Jr/:  Didbp<3Mireyoiilobc»ei-rel? 

3f(5f  r,  VoB,  he  did,  and  lo  bo  discvivt,  ;iiid 
he  would  s»r  inu  highly  promoted.  And,  my 
loni,  you  sent  proposals  10  me,  lo  give  mi- 
100/.  that  I  should  not  prosecute  you,  ariord- 
ii%  as  ihev  told  nw,  and  they  gave  me  one 
(guinea  in  hand  Ihr  f  t. 

L.  C.  J.  Rome  of  jt  came  to  ibe  ban'Ii  of 
Murfey, !  bcHerc. 

Pbiiiket.  My  tori,  I  cttHMUf  any  thin; 


«H  STA1xniM4>-<u«u>MiliiM>iiralHil«MM*rMifai 


JLt  C,  J,  But  you  know,  you  bad  t 


t.  Hy  lord,  1  dtme  to  know  wbeiher 

kb  ha^  (dwwiDg  the  paper  to  Ur. 


'«•.  I  bdiereit  is. 

I  <le«ira  it  nay  be  r«kd. 

m  veiy  well  BUisQeil  ii 


Cl.    rf  Cr.     Mwb.     "  For   my 

FUiMr  fiit&tmy  • Guarduii  of  Armagh, 

janrMterwidcilstion"— Uiidiited  in  July 


a  beat  read  it  binueir. 


,  'Vyy.  My  lord,  I   pity  kini  with  M  luy 
bwt,  tliat  k  iata  of  my  own  funrlion  EhoukI 
'   "     *  I   into  qiieWon  for  tiui;b  things  as 
(he  tmiIb)  >  Very  reverend  Fatlier 
.it  is  dated  1  July  1678,  yourpa 
hr*!  patoroal  letter  and  cttolion  honiew. 
nliptlftly  P^ru^C'     As  for  niy  lord  01 
jJlfxI-l.TT'"  a  letter  tn  him  the  dav  be 
I  jpr  ynv  revtvence  hut,  that  he  mif^t  ce 


'  iSj  6n^  -which  is  iiB  dear  to  mc  as  my  Ihe 
'WMma*Ded,or  I  should  utuae  his  name  to 
*  Wfbnd  at  every  public  place,  which  by  the 
'.JUwi^kty  I  win  do,  nature  and  all  reason 
'  Mmp^iiig  lue  to  do  it.' 

PUidctt.  -tly  lord,  1  &ay  this,  be  iayg  he 
rame  to  my  house  when  be  came  over,  and  I 
iinparied  tnU  secret  to  him,  yet  yon  see  I  had 
'  dapounoed  bim  thtou^  my  whirie  diocets,  and 
he  hsK  calls  me  l»  oU  those  uames  uf  Ely  mas, 
StnOD'Magus,  ano  B8r|e8ua,andit  isinpoiuilde, 
if  I  bad  cpnunanicated  such  a  secret  to  him, 
thai  I  would  de^  so  with  him. 

JaxL  DMm.  Hedoeanot  say,  yuu  imparted 
this  aecret  lu  hiu] ;  but  Ite  says,  when  he  told 
you  of  tbe  letter,  ybu  aoswereil  hitn,butyou 
seetned  surprised  and  amused  first. 

X.  C  J.  ¥ouseeIued^lHI^te^him  then,  snd 
told  him  you  hoped  to  sec  him  the  best  of  his 
crdcr,  hiffhiv  promoted. 

Just.  Do&cit.  How  came  yuu  to  fall  out, 


lUiytr.  ^Vhcn  first  they  had  tlib  meeting 
at  Brantry,  seeinr  a  cknul  a-coming,  aid 
dreodinyrawar,  and  the  consequences  of  it,  I 

«cnt   and   applied    myself   tn    sir  

fiunitlon,  one  of  his  uinjesly's  privy  counsd- 
lora  in  Ireland,  and  1  ^ve  in  all  tny  informa- 
tions the  7th  December  167(i. 

Just.  D.'Utn,  And  thereupon  he  denounced 
yen  escoaiinunlcate  ? 


^MV  devieee  togei  thelattenoatnFmy _. 

•  iimdKt.  Yon  shall  see  ander  his  own  hand 
ijt  to  anliSt'nii  'J'l""i  'ft  IwdntT  irimitaira 


here,  you  sbouM  then  see  under  hii  on 
upon  nhat  account  he  fell  out  wilii  me 
my  lonl,aslc  bim  if  this  other  letuv  be  t 


Mo^er.     (R««ds)   '■  Very  TeiercM 

Suardien,"  (then  spc^tkuig)  My  lord,  y( 
lat  I  was  loth  to  diBrovcr  mysdf,  bem| 
peojile  knowing  of  the  Plot. 
I.  C.  J.  VVdl,  read  ii  over. 
Mot/a:  (Reads)  "The  33rd  of  Apri 
I  was  sniiiewhal  comforted  by  tout  \ea 
now   1   hope  your  reverence  bath  cw 
what  wrong  I  have  sustained,  by  my 
adverssrics  calumnies,  only  for  sUuidi 
have  a  soul  to  save,  tor  your  rights  ac 
leges,  us  alio  for  endeatuuring  to  hit 
naliie  comitry's  ruin  and  deatruction." 
Just.  iJolben.    Read  that  agnin  |w 
riid.)  ^        ' 

i-tttnktl.  Observe,  that  I  wae  his  a4 
fi>r  standing  for  the  rights  and  privilcgi 

Just.  DolbfM.  As  also  (or  enieavai 
binder  bis  country's  ruin  and  destrtictii 

L.  C.  J.  The  one  and  the  other  « 
reason  of  your  fidtii^  out. 

Moj/er.  (Reads  on.) 

Maytr.  My  lud,  I  wu,  I  oonfen,  a  I 
friar,  and  itnod  up  fiir  the  piwikgw 

Ftuntiet.  Kdyou  wiiteany  pNccMl 
against  mef 

Moiftr.  No,  I  never  did. 

Plaakrt.  My  ioid,  does  not  he  say  ] 
disgrace  at  Rome  ? 

Mi^tr.  No,  nothing  ufthat. 

L.  C.  J,  I  don't  hear  it,  but  what  if 
what  is  that  lo  the  piirpnee  f 

Pluiiket.  To  shew  his  contradiction 
he  says,  1  W3fi  great  in  Ronie,  and  but 
hri  letter  lui  says,  1  wns  in  di^race  at 
Now  he  says,  all  that  be  had  against  i 
for  his  friars,  and  lo  hindfr  the  dentru 
his  oouuuy,  because  t  liindered  the  frin 
there,  is  the  destruction  of  the  countr} 
was  doing  Uiere.  Upou  that  he  fUl  c 
me,  and  upon  that  his  own  snperiors  ■ 

L.  C.  J.  We  can't  meddk  with  you 
riora'  orders,  they  arc  nothing  before  ni 

Beg.  Jrf.  My  loM,  I  dank,  for  the 
we  have  done  our  evidence. 

Pbinket.  My  lord,  tn  shew  what  wn 
th«  ftUing  out,  1  would  ask  him  if  he ' 
dieted  for  ony  crime,  and  found  guili 

Plunkei.  My  lord,  he  ««li«ses  be  w 
virt  for  mving  powder  and  shot  to  the  r 

Just,  Dol^.  No,  he  docs  not  my  ai 
duce  the  reoord,  if  you  have  any  radtti 

Mover.  To  satisfy  the  court 

Suj.  Jtf.  Look  you.  Dr.  PUiiImL 
wiU  aak  him  any  qucMkina:,  dtat  by  li 
bmmd  tn  atkswer,  do  it  in  God's  JMi^ 


m  ]  STATE  TRIALS,  33  Ch arlss  II.  l681  .-^for  Ifigk  TVeason; 


[iii 


MlHterpo0e;  bntif  yoaask  Iiim  any  questions 
thtt  nay  tend  to  accuse  himself,  we  must  tell 
}w,  he  is  not  bound  to  answer  them. 
'  Piumkei,  He  hath  been  convicted  and  found 
foiliy,  he  win  oontess  it  himself. 
L'C'  /•    He  is  not  bound  to  answer  such  a 

Mtajfer.  It  was  a  Tory  ■ii'ore  against  me, 
te  you  did  ahsolre. 

JnsL  Dolben,  Don't  tell  us  a  story  of  your 
Tories. 

L.  C  X  liook  yon,  Mr.  Plunket,  don*t  mis- 
ipoid  your  own  time ;  tor  the  more  you  trifle 
JD  these  things,  the  less  time  you  will  have  for 
yoar  defence.  I  desire  yon  now  to  consider. 
Bad  well  husband  yonr  time  tor  vour  defence  ; 
what  hare  you  to  say  for  yourseff  ? 

Flunket,  My  lord,  I  tell  you,  I  hare  no  way 
li  defeid  u^'sclf,  in  tliat  I  was  denied  time  to 
Iria^  orer  my  rcconls  and  my  witnesses  which 
10  or  12.  And  if  1  had  them  here,  I  would 
in  defiance  of  all  the  world  to  accuse  mc ; 
I  have  not  su^rient  time  to  bring  over  my 
•fc  aud  my  witnesses,  and  I  am  brought 
hot  out  of  my  native  ctmntry  ;  were  I  in  Ire- 
e  both  I  and  they  nhonld  be  known  : 
I  u'as  to  be  triecf,  they  would  not  ap- 
1  it  is  all  false,  and  only  malice.  These 
to  call  me  Oliverns  Cromwellus  out 


fei.  Muynard.    You  are  very  like  him,  a 
kmiw  eCthe  qoTemment. 
8(1].  Jeff.     Were  not  you  acquainted  with 

Fhnket.    This  is  all  I  can  say,  if  I  had  my 
^rihcMes  here,  I  should  make  my  defence. 

L  C.  J.  Here  are  some  thinsp^,  that  if  you 
c«  Bfc  an  answer  to,  you  will  do  well  to  do  it ; 
Ibrwy  stick  close  to  you.  They  do  testify 
■^■M  you  here,  tliat  you  did  imdertake  to 
naia  body  of  men  in 'Ireland,  70,000  men 
'^~  ■  of,  out  of  your  own  nation,  and  all 
to  join  with  the  French,  for  the  in- 
the  religion  of  the  llomish  church 
■li  IiriuMl,  and  settling  that  again  there.  And 
tersn,  in  order  to  this,  did  take  a  survey  of 
tl  WMt  Roman  Catholics  that  were  abfe  to 
Inranns,  from  16  to  60 ;  and  there  is  pleiiti- 
Meridenoe,  that  you  did  go  a  circuit  there  to 
fmat  all  towns,  &iid  see  which  might  be  most 
Mnaucntf«jr  the  taking  in  and  entertaining  the 
Tlnachy  and  landing  their  forces  ;  and  ('horle- 
■wt,  }-i»u  did  A^'M*Jn  that  for  one  strong  place 
^k  taken,  and  Dun  Gannon  for  anotlier,  and 
Ak  vou  did  desgn  tlie  French  army  t(»  land  at 
CWaigford,  and  all  that  was  witli  you,  tells  the 
taM  you  gave,  why  that  should  be  the  place, 
Ihey  might  come  up  with  a  bordeneil  ship 
very  gates  of  the  town ;  that  you  did,  in 
10  iIk  entertaining  titese  foreign  forces, 
mcy  ;  timt  you  did  send  out  your  or- 
pmna  tuipentfonii  to  all  that  were  of  tlie 
defgy,  and  that  this  money  was  re- 
levcnl  of  them  testilh  il  that  they  paid 
k  li  VM,  and  thii  man  hath  setm  great  mira- 
'  Bar  yuBUus  pay  money  to  you  upon  these 
BWits.  MM  Ifam  are  treaiOD :  what  say  you 

VOU  VIII. 


to  them  ?   it  docs  iniptii-t  you  to  consider  what 
answer  you  can  yivc. 

Plunket,  My  lord,  first  as  to  the  first  jioint, 
I  answer,  that  I  never  itct-ivtil  a  fai'thiiig  of 
money  out  of  my  own  district,  and  but  fur  my 
own  livelih(K>d,  and  that  f  can  prove  by  thuso 
that  have  received  it  tor  nio,  that  1  iieviT  re- 
ceived over  threescore  pound  a  }ear  in  my  life, 
unless  some  gentleman  would  now  and  then 
pive  me  10s.  for  my  relief.  For,  my  loni,  this 
IS  the  way  in  Ireland,  every  iiriest  hath  xo  many 
tiimilies  allotted  to  him,  and  every  Iloi.ian  Ca- 
tholic family  gives  2».  a  year  (as  tlicy  that  pro- 
fess tliat  way,  know)  and  the  priests  give  me 
who  am  superior  over  thepi,  in  my  own  district, 
some  20s.  some  V,Os.  and  I  never  got  so  much 
in  ray  life  as  to  maintain  a  servant,  and  this  waa 
attested  befVire  the  council  in  Ireland. 

Just.  Dolbcn,  Ay,  hut  the  witnesses  say,  otil 
of  your  own  distriet  you  sent  into  another  bi- 
shop's diocese  to  collect  money. 

Plunket,  yiy  lord,  I  say,  1  (!onld  never  get 
so  much  as  to  keep  a  sen  ant,  and  till  now  I 
never  got  a  faithing  out  of  my  own  ditu'ese, 
unless  I  have  been  called  to  v.n  arbitration  ot 
some  such  tiiin<)f,  it  may  be  lor  iny  Journey 
and  ejqiences  10  or  .'SO  mjIIcs  they  would  givo 
mc  sometliing  for  my  maiiitainuuee.  li'  you 
should  fuul  any  tiling  else,  1  will  lie  couterlt  to 
suffer  ;  and  if  my  ev  idenee  were  bro;:ght  from 
Ireland,  there  is' nothing  but  what  would  l»e 
made  clear,  both  under  their  own  hands  and 
by  reconls,  and  that  is  all  well  known,  and  was 
attested  in  his  presence  before  the  eonncif  in 
Ireland  ;  which  three:jeorc  pounds  was  a  very 
small  thing  to  maintain  me,  and  1  nevt  r  had 
alMive  one  servant,  and  the  house  I  liveil  in  was 
a  little  thatched  liouse,  w  herein  was  only  a 
little  room  fur  a  library,  w hich  was  not  sevru 
font  high,  where  once  this  f'cilow  came  to  nf- 
fn»nt  iiie,  liecause  I  hiiiden'd  him  fmni  lK>g- 
ging,  and  that  is  for  the  money.  For  the  men, 
1  defy  any  one  that  ever  see  me  make  a  list  of 
men  in  mv  life,  or  can  pn>diiee  any  list  made 
by  my  onler.  I  was  never  in  my  fife  at  King- 
sale,  at  Cork,  at  Dun  (junnon,  at  I^imericlr, 
<^c.  or  those  iiarts  of  Muiister  wliich  were  the 
chi«'f  ports  where  the  Frtnu'h  kIiouM  come  in^ 
and  not  in  Carlingford,  whieh  is  the  narrow 
seas  in  Ulster,  w  hich  any  one  that  knows  the 
world  wi!i  judge  to  lie  a*  very  impntpcr  place 
for  the  French  to  land  hi.  It  is  all  one  as  to  say 
that  the  FixMich  should  come  in  at  a  p(K»r  place, 
where  they  could  get  nothing,  it  being  at  the 
narrow  seas,  and  they  never  saw  mc  there  in 
their  hves. 

/..  C.  J.  Yes,  one  does  say,  he  was  with 
you. 

Plunket.  Well,  one  does  say  he  saw  me 
there,  but  if  1  had  my  witnc&^es  here,  I  could 
prove  he  was  a  friar,  and  declared  an  apostate 
by  his  own  ]irov  incial,  an  this  gentleiiiim  is  ; 
and  because  I  hindered  thfni  to  beg  in  my  dis- 
tricts, therelore  they  have  this  malice  :igiunst 
me,  that  is  all.  Well,  mv  lonl,  that  is  for 
that,  I  was  never  in  my  fife  in  CtMinau^ht; 
and  they  cannot  say,  1  took  any  list  iu  Vlst«r« 

21 


483]   STATE  TRIALS,  35  Chakles  II.  iGsi^THal^  Dr.Olkfer  Phmktt,[m 


iior  VFWB  twelve  miles  in  Munstor  in  my  life. 
But  thus,  my  lord,  sometimes  there  would  be 
as  our  way  *^  is,  so  many  families  assigned  to 
every  priest,  (and  this  is  the  plain  truth,)  tliis 
priest  complains  to  me  of  the  inequality,  my 
companion  near  me  hath  150,  aud  I  have  but 
threescore,  which  I  must  rectiiy ;  though  I 
never  knew  but  one  of  these  complaints.  And 
if  I  had  my  witnesses  from  Ireland  and  the 
records,  I  would  defy  all  these  witnesses  to- 
gether. For  my  sending  to  Rome,  I  never 
Bad  an  agent  in  Rome  tor  these  seven  years 
past,  because  I  was  not  able  to  maintain  him, 
and  indeed  it  was  a  great  shame  to  us ;  be- 
cause there  is  never  a  community  of  friars,  that 
hath  a  college  beyond  sea,  but  bath  some 
agent  at  Rome. 

L,  C  J,  It  is  a  shame  to  have  one  there,  not 
to  want  one. 

Just.  Dolben.  Well,  if  you  have  witnesses,  I 
cannot  tell  what  to  say. 

Flunket.  If  1  had  gotten  but  to  the  latter 
end  of  the  term,  1  had  defied  them  all  together. 
And  vour  lordship  Nhould  have  seen  under  their 
own  liaiifls  what  Miey  were. 

X.  C.  J.  You  forget  this  all  tliis  while,  your 
OMU  letter  wherein  tliis  matter  is,  that  ;you  had 
searched  tlie  towns  and  ^^onsidtTed  it. 

AU,  Ccn,  lie  docs  deny  there  was  such 
a  letter,  he  docs  not  own  there  was  such  a 
letter. 

Ptunket.  I,  my  lonl,  I  never  did  uTitc  such 
a  letter.  And  that  younc^  man  that  he  s[M>!ik^- 
of,  I  coi.ld  prove,  iVl  had  niv  \^ilnossi'»,  that 
heuever  wiis  in  uiy  si-r^ice  or  cuiiipauy  in  Ire- 
laud,  nor  writ  any  lelttTs  by  him. 

L.  C.  J.    Did  3  uu  never  bt'iid  any  letter  by  ' 
one  O'Xcal  ? 

J^lunket.  No,  my  lord,  but  he  went  over  a 
be«jyring. 

^/o^r.  This  voung  man's  brother-in-law 
will  ttstify,  that  he  was  y<»ur  lon1sliip\s  patrc. 

Piunkct.  1  ha\  ethrtx'  witnesses  that  he  came 
there  begi^ng,  naked,  and  was  sick  tlirec 
months,  and  went  over  a  begging,  and  \%  us  at 
Rome  as  a  strai^lcr. 

JlXoyrr.  Call  llanlet,  (who  came  in.) 
'  8b   Fr.    Wit  hens.    Did    vou    know    Neil 
0*Neal? 

HmUt.  Yos. 

Sr  Fr.  Withens.  Who«»e  scnant  was  ho  ? 

Htinlet.  3fy  lonl  Phmket  sent  him  to  Home  ; 
be  was  sent  there  ^kIUi  his  lettcn,  and  I  saw 
the  voung  man  and  his  lettoRs. 

Mr.  Jon€s.  Did  he  come  a  begi;  ing  ihero  ? 

Hanlet.  No. 

Piunkct,  ^Vhere  did  you  iee  him  T 

Banlc'.  At  Mantz. 

PUnkct.  Where  is  that  * 

JRmnht,  In  Franco. 

PUnkxt.    And  vou  saw  him   \\  iih  luv  let- 
tm^^HanUt.  Y«. 
_  PimkeK   And  this  man   s.jv?5,   the  letters  ; 
^Ro  opeued  at  raprt-niuca,  UsMUM^he  lliought 
^hej  w  <i«  lt*ttcrs  of  rcconunontUtiou . 

^ft,  Why  he  went  that  way  aticn^-ards, 
))l  wers  uot  opuoeit  when  I'saw  ihsm. 


Ser).  Jfffkriei.  Did  yoa  kaovr  he  wu  the 
doctor's  servant  ? 

Hanlet,  Yes,  he  was, 

Plunket.   Did  vou  see  him  m  my  senke? 

Hanlet,  I  saw  aim  in  Blants. 

Justioe  Dolben,  How  do  you  know  be  wn 
the  bishop's  servant? 

HanUt,  Because  he  riiewed  me  his  letter. 

L.  C.  J,  Was  he  owned  for  his  tervaat,  uA 
was  he  taken  for  his  senrantP 

Hanlet.  Yes. 

Plunket,  Did  he  so  oafbol,  oronhone- 
back? 

Hanlet.  He  went  on  foot. 

Plunket,  He  was  in  a  poor  conditioii  in  i 
place  not  above  four  nules  from  Rome,  dHt  I 
can  prove. 

L,  C.  J,  Did  he  beg  as  he  went  ? 

Hanlet.  No. 

L,  C.  J.  Mr.  Plunket,  if  there  is  anj  m» 
tion  you  will  adc  of  the  witnesses ;  or  if  mn 
be  any  evidence  you  would  pve  youndf^  thii 
is  your  time  for  tue  doing  of  it ;  if  not,  wenui 
leave  your  case  to  the  jury,  who  have  beaid  tbe 
evidence  all  along. 

Plunket.  Oidy  this,  my  lord,  your  lorUsp 
sees  how  I  am  ilealt  witli.  Finit  and  fbrauMl 
I  liavc  not  time  to  bring  my  witnesses,  or  ny 
records,  which  if  I  liad,  I  would  not  weigh  sos 
farthing  to  Ica^  e  mv  clause  with  any  jury  laths 
wurhl.  Bccidcs)  all  tliis,  I  ain  hronght  «ri  of 
my  own  nati\e  country,  where  these  mcaived 
nnd  1 11%  ed,  and  u  here  my  witnesses  and  necordt 
aiv.  'which  uould  siiew  what  these  people  are. 
1  SI  in  by  the  post,  and  did  all  that  I  could,  aad 
^\  hat  can  1  say  w  lien  I  have  not  my  witnesct 
against  thoNC  |H?ople,  that  may  swear  any  thin; 
in  the  «%  orld  ?  You  cannot  hut  oliserve  the  im- 
probal»ility  ot'  tho  t\\\n*jr  in  itself,  and  unto  what 
a  condition  1  am  brought.  3Iy  lord,  my  life 
is  in  imiuJDont  danger,  l)ecause  1  am  broughl 
outofniy  own  country,  where  these  people 
\i  ould  not  l»e  belie^  ed  asfaiust  me. 

Soi.  Gen.  My  lord,  1  think  this  matter  liff 
in  a  narrow  CiMii|m.SN,  tho  eviden4*e  hath  beeo 
lung ;  I  would  only  repeat  the  short  heads  of 
that  whioh  haih  U.H.MI  given  at  lai^.  He  if 
indicted  for  a  conspiracy  to  kill  die  king,  tbe 
ovi-rt  act  is  an  endeavour  to  introduce  a  fbre^ 
power  into  Irelanil,  to  raise  an  army*  and  Isry 
war  there  *,  and  the  proof  of  it  hath  been  verj 
full.  The  proof  in  general,  that  there  was  i 
plot  to  iniriHluce  the  French,  is  plain  by  all  the 
witnesses;  and  tho  pnK)f  in  ]iarticuiar upn 
this  porsfiu  at  tlu-  bar,  Iiath  been  as  plain  as  soy 
thing  can  be.  Tlie\'  prove  u>  your  lordship  ii 
genei-al,  that  there  *wiu  an  eipectation  that  the 
French  :»lu>u1d  come  in,  that  there  was  an  is- 
\  iiaiiun  ol'  Fioronoo  Wyer  tlie  first  wimess,  ts 
go  u%cr  into  France  and  s])eedily  he  should 
have  a  couimand.  u|n>ii  lus  return,  in  Ireland; 
that  there  u  ore  preparations  ;  fur  this  appesis 
by  the  oath  ofseci^v  gi^en  to  several  mcD' 
Forty  men  iliat  caino  along  with  bishop  Tvirel 
to  keep  it  private  during  tbt* ir  lives.  Ajid  thnt 
\^  as  a  tanher  pi>H>f  of  that  general  coDSpincy  by 
Duil\ ,  iliai  whcQ  there  was  a  genenu  meeting 


STATE  TRIALS^  S3  Charles  II.  l681.— >r  High  Tnesan.         [486 


luy  tfaoimnd  people  for  confirmatioD, 
isby  the  gmlKineii  of  thatmeetinje^  a 
onsiutatiun  hc»w  to  carry  on  the  design, 
r  to  look  out  tbe  old  od^cei-s  in  the  late 
I,  and  to  Bee  what  postore  they  were  in 
e  maoiiireinent  oi'uiis  design  ;  «nd  this 
Mnr  jiarticularly  to  tlie  prisoner,  who 
at  lilts  consultation,  su  tlie  wituesRes  do 
But  that  tliat  comes  nearer  to  him, 
he  did  iftoip  out  orders  f<»r  the  raising  of 
ami  that  he  did  raiac  money  pursuant 
onli-rs,  and  did  receive  nicuiey  for  tliat 
rpo«e :  This  is  pnn'ei  1  by  three  witnossr.'s, 
ud  Mac  I^egh,  ^ho  paid  the  iiioney. 
Hover  the  iaut  witness,  who  saw  him  re- 
from  several  ]ier8uns.  This  is  [uvsilire 
im  ;  nay,  they  say  farther,  tliat  there 
St  made  of  the  scleral  men,  in  thv  pe- 
rishes that  were  able  to  bear  anns  u])on 
L,  from  sixteen  to  sixty,  and  there  uas 
a  matter  of  tlireescorc  thousand  men 
re  ready  upon  any  occasion  to  rise  for 
tosc?,  and  tiiis  list  was  delivered  over 
hands  of  the  prisoner  at  the  bar.  There 
itneKK  Duffy,  that  says  farther,  that  he 
*tter  under  his  hanif  in  France  to  tlie 
I  Bouillon,  to  invite  the  French  king 
had  ;  and  he  did  wonder  that  he  shoulil 
ii  time  and  bioofi  in  wars  a^inst  Spain 
rM  a  lloman  Catholic,  and  not  come 
•od  to  extirpate  thf  heretics.  And  this 
coufirmed  by  another  Imter,  which  was 
Hoyer,  a  cmiy  of  which  is  produced, 
le  tmnslatcil  from  the  original  in  Latin, 
letter  ii'assent  to  Rome  by  Neil  O'Neal, 
be  prisoner  says  he  had  no  concern  for, 
ive  him  some  recommendations. 
fcf/.  i  gave  him  no  recommendations. 
<Jm  No,  he  says  he  did  not  gi\e  him 
rseiit  any  letter  by  him. 
ten.  Then  he  ur(>e«),  that  he  went  along 
r  by  the  way  ;  but  ii  is  pro\c'4l  he  was 
him,  and  sent  with  letters,  and  that  by 
her  ui  law,  wh6  met  him  at  Mants. 
»  proved  by  Moyer,  who  saw  the  lctt«.>r 
takinic  it  to  be  but  a  common  littler  of 
lendation,  he  read  the  letter  atid  torik  a 
it,  and  tnuislateil  that  copy , which  trans- 
I  enough  to  verify  all  the  matter  which 
lesKcsTiave  sworn  ;  fur  it  is  agre«'iiio;  to 
psaid  of  Cardinal  Rouillon  in  his  ulher 
bat  it  was  more  pro|KU*  for  the  catholic 
to  agree  tii|rfther  and  extirpate  heresy, 
vary  ainoiij^t  themsclvi'S  ;  that  now 
etiiue ;  for  tlierc  ucre  thretscore  thou- 
ea  ready  to  rise  u]K>n  siu'h  an  in\ui;ion. 
the  substance  of  the  li^tter,  und  this 
fuJIy  the  conspiracy  this  man  was  iru- 

anil  recMving  of  momy,  his  listing 
hk  hi\  itatiou  of  Ibreign  prii ices.    And 
Ifc  proveil. 
mfgmud.  And  so  his  vic\«  ing  tlie  ports 

It  was  likewise  a^3ri>eed  that  Car- 


the  town,  and  the  town  itself  but  m  weak  town. 
This  is  the  substance  of  the  evidence,  and  this  is 
proof  enough,  we  think,  to  convict  any  man  of 
tikis  iact. 

Seij.  Jefferirs,  My  lord,  I  shall  trouble  you 
but  with  one  word  tliat  hath  been  omitted.  I 
tiiink  it  is  a  cause  of  great  example,  and  that 
thing  which  the  prisoner  seems  to  make  his  ex- 
cuse, hath  been  answered  by  a  iavour  and  in- 
dulgence from  the  court  in  a  very  extraordinary 
manner.  For,  in  as  mtlch  as  this  gentleinan 
would  make  it  a  very  hard  erase,  that  he  is 
brought  out  of  his  own  country,  and  hath  not 
his  witnesses ;  it  is  very  well  known  tlint  by  a 
|iarticular  favour  of  the  court,  which  is  not 
usual  in  these  cases,  he  had  between  Ave  and 
six  wooks  time  for  preparation  for  his  trial :  so 
that  truly  as  to  what  does  a|>pear,  I  think  all  the 
witnesses  that  have  been  examined,  are  witnesses 
to  be  crcditeil,  except  you  gentlemen  of  your- 
selves can  convict  upon  your  own  knowledge 
these  i>crsons  of  any  misdoneanor,  which  I  think 
you  cannot,  much  less  of  perjury.  But  besides 
the  witnesses  we  have  produced,  aU  which  speak 
to  the  plot  in  general,  and  tour  of  them  fix  it 
upon  tlie  person  at  the  bar ;  they  speak  parti- 
cularly, and  every  one  agrees  in  circumstances, 
and  that  other  that  spoke  mincingly,  1  put 
it  upon  ;  it  is  tht^  greatest  evidence  that  can  he. 
For  that  person  tliat  could  come  bi^fore  a  grand- 
jury,  and  there  l»e  the  main  witness,'  but  whea 
he  comes  liL-re,  must  be  wnied  ami  pumped  to 
discover  tlie  70,000  men.  And  1  suppose 
you  did  observe  how  difficult  it  was  to  know  of 
him,  whether  this  |ierson  wna  primate  of  Ire- 
lanil,  or  whether  it  \vere  from  the  authority  of 
the  king  or  the  pope;  a  >ery  proliable  tiling, 
that  he  should  be  such  a  one  as  the  king  de- 
signed tt»  l>e  primate  and  superintendent  of  Ire- 
land. Funlier,  my  lord,  i  desire  to  take  no- 
tice of  tfk),  that  SVyer,  the  fir&t  witness,  fixes 
four  particular  things  upon  the  prisoner  at  the 
bar,  which  have  not  yet  been  taken  notice  of. 
First,  he  fixes  a  discourse  \iitli  another  person 
that  Mas  coinnetitor  with  him  for  this  very 
office,  bishop  J)ufly,  and  hegi\esthe  reason 
'  why  he  was  admitted  into  the  otfice  rather  than 
the  other,  because  he  was  a  man  of  greater  abi- 
lity to  cany  on  the  design ;  and  tliough  he 
does  not  give  you  an  account  of  the  desigu,  yet 
the  ri'stof  tin:  e\idence  do,  and  make  it  to  be 
tlie dr^ign  tiien  carrying oti.  Anotlur  thing  is, 
he  tells  you  of  the  sending  one  into  France,  tliat 
was  to  come  back  again  in  <»i-der  to  this  desigDi 
I  think  his  name  was  Mac  DtHinel,  and  then  the 
great  Tory  Flemming  and  he  were  t(»  come 
back  again  colonels  in  Flie  army  that  was  to  he 
raised.  The  next  |ierson  ihat  fixes  it  ujion 
him,  is  Mr.  Han  O'Neal,  and  he  ui\es  the 
phiiiiist  circumstances.  That  at  a  time  in  Aa^ 
gust  wli«>u  bishop  Tyrrel  came  to  the  house 
of  one  ISrudy  with  so* many  men  well  e<mip}'ed 
with  such  and  such  arms,  and  took  tlie 
oaih  of  sei*recv  ;  he  hinuilf,  but  not  only  he 


9  lor  it  is  a  very  large  pon,  that 
pMtcit  burden  lauy  couie  v^p  to 


idd  be  the  port,  audit  is  like  enough     but  the  other  priest  Mac  l^egh,  was  preseni  at 


the  s^.me  time,  avl  took  the  said  oath,  and  he 
does  ttU  you  that  that  Tery  pricet  waft  s«»it  to 


PtiHiii  ti)  <]isc>()vrr  it  that  very  time,  ami  so 
liatli  ti\c?tltlit'  ]K-i>;in.  ami  time,  uiul  tlicbiisuu 


487]  STATE  TRIALS,  33  Charles  IL  \6Si^Trial of  Dt.  Ottter  Plunket,  [m 

he 

business 
iU'-y  €-jir.4!  :ilHMit.  Thiii  !\Iaf  L(»^h  conirs  and 
tellsytui  llic  s:i!i.t>iliiML;^in  i*\i-i-y  ('ircimistaiice ; 
ay,  iiiit  siiystlio  |»:iN.iin  r  i'.t  iUv  bar,  and  would 
uiukc  it  t<»  be  a  ;;:ivat  ob;f<*ti>»n,  \ut\v  chance  that 
ilicy  have  vi»iicfalr<l  th'i«  all  the  \^hilo,  and  not 
discoviTi'il  it  to  so-.p.fjusiiccdl'ilic  -n  -^.cc  i*  ^\  hy, 
says  one,  i  Ma<  r.iuW  v<»u:*  jr.i-I»Jicliclion  in 
that  nl;u(\  tliut  is  t!:c  Ncry  ica«son  he  jfives 
vhtufloii'  Uv  durst  not ;  an*d,  s;iy.^  r.:iothcr,  I 
was  iHMK'i-nirtl  and  as  oar»i',;t  as  fho  prisoner  or 
«ny  Inidv  v\s\.\  but  j;*»ip>r  inlo  i'rauco,  I  ob- 
siTvetl  ttiCNla\tTy  that  all  t!io  subj<*ets  were 
undpf,  nndor  tlu;  t>ra;;iiy  ot' that  kinaf,  and 
apin-eliondin;^^  th:it  tl'ie  sunv  hiittr  was  to  conic 
into  Ireland  b\  tlir  nif^ns  ot'  thi-':o  v^eiitlomen, 
i  \ias  coiieenu'd  at  it,  and  had  ratiier  tiie  devil 
•lionld  n^itfii  o\i'r  us  than  snchan  one,  and 
tlioriton*  1  will  discover  it.  Autl  ho  said  «erv 
Ht'll.  I  think,  that  lie  had  Ritlicr  hauMlie  dmi 
to  ri'i^i  ;  liir  it  siH>nis  to  bdiiin,  or  one  in  his 
i»ha|u>  that  rr:^ns  after  that  niainirr.  Anil  there 
aiv  two  |H'rKons  that  swoar  to  the  lery  year 
thattho  u  ere  ohlitrcd  to  mis«  the  money,  and 
■wear positively,  they  saw  his  orders,  Suh  p..^na 
sufptHsio'.is,  I  <lu n<»t'know  whether  they  meant 
luiD<;fe<l  or  siiN|iendod  iWini  their  offiee.  *  But  it 
seenis  it  was  so  terrible,  that  it  made  them  pay 
twenty  shillin*>N  a-piiHvtor  iUvw  vears  sueees- 
■i^ely.  And  tliere  is  another  t;entUMnan  that 
tells  you,  thai  uiii  ot'a  small  livinvf,  wheivin  he 
Has  eoiieerned  oidy  as  a  en  rate  to  a  third  jwr- 
•on,  it  h:ul  1h  en  uaid  two  or  thnx^*  times,  and 
anothiT.  ihoii^-'i  he  was  excnjif  liims«>lt*  fnim 
the  PaxiiieMi.  \iT  s.iir|-4;,|  ;i  eiiiituleiit  wa*.  he 
4>t  ihf  crjNuiu  i\  III  tli»"  I .:.-,  tl:ai  he  w;>>  pres*  nt 
vhen  !»es:i\\  ifi  ri\  oil'e-lA  nay  \\i.^  t.tx.  uni| 
will  ixiis  I  lie  ji>«M:er  at  llie  Iv.r  wiM'.KI  i.iako  :» 
thon:;-lil  .\  s\r.v.  -t-  \W\n*j[,  ili.u  lie  >)»  -uM  n:is*'su 
nuh  h  ni  ii.«  \ .  \  .:.•  had  hoi  an  Iumim^  mmii 
fiHH  hij;!!,  i;  >*,  ..!>  t!;iri'  i>  ak  \e  t!i.a  tl..iioluil 
lioiiM-  a  eli.i  :  i 

/*»  ■    * .  ■ .    I  ■    r«    •»  iioeIia;Hl. 

Svrj  .'  i  • .  '  l?i.i  now .  nu  l.»rd.  ih?.t  w  jiiej« 
•vj!w>.;»e;'i.i  .\  I  r.'w  -  \»  h.ii  ;!u"^--  v.  i-.k'«»%i,  ^  v'v. 

U  llu  h  Ih  .  l<.i'  l>  •.<  Ill  to  l;. .;..»•  \.  l,u-  >,,'-»  i.VA 
ot  ihe  ei  .1  :.i  .•  ■■  ■■.  tJ...  ..;.  wii;elt  JN  TJ.t 
la^^  Ktt-.  .l".    l'    I'.i      UM     i:fi;."\    .      .*.    Nj\.;k'»     «'!*. 

%«lurfi'ii..  '.-«•.  »v»..liei;'a:'\  t  ...i     :  .'iiee.    ••!i.;i 

¥:i\v  r.ll  \\:  ;  .  :-.n  uul  pl.vee>  » !  *::.  „-ii  X-... 
iii\  ler.l.  ;••.»»';•. I   is  a   \»   \    -.^    :   r..\-..tn- 

tht  l':» ;  ':  i  ..-■»  ,•.  "  !».  .  'l,-,-.  \' ".  ■■.  \i..*i  fjke:*. 
r.  <.»■;  ••".   ■  '.   •        ■  -t  »»  ■.'.»•  »N    .-,  •.■•;'•..    >  s':oh 


I 


■■■.-A  e> 


ft  ^    •»  • 

t  ' 

r.:    . 


u 


•  ..  *»  't ..  \'.\f  \ 


*  ^ . 


ti 


* 


IIh^  i>  ftielk^t-^  ^-k  u.i:  wviiUtKui  %%t^%\*iOtt  ;  li 


■•  *    1  ■ 


.  ■  k » .N< 


I  liail  such  records,  aiul  witoesses  here,  I  onld 
make  my  defence,  tliat  ix,  il'  he  had  thm 
tliinfi^  tliat  he  has  not,  be  nii}^Lt  appear  to  be 
another  man  than  he  is  ;  but  I  am  sure,  ss  il 
a^ipciirs  upon  the  evidence  that  hath  beca 
given  b\'  all  tlio  witnesseai,  there  is  a  pbin 
proof,  and  a  fuU  proof  of  every  treason  laid 
tohiscliai^. 

I'lunkct.  My  lord,  I  desire  these  vitneua 
may  be  called  t^i^'i'^S^  i"  a  Paper.] 
i      CVi/cr.  Dav  id  ritz^erard,  Eustace Commiaa 
I  and  Paul  Gdrmar. 

I      L.  C.  J.  Who  gave  huiithis  paper?  He  bad 
it  not  before. 

Sitan^cr,  f  was  to!d  thatth^^e  were  gstd 
cvidcnci^s  for  Dr.  Pluuket,  and  1  gave  him  the 
names. 

L.  C  J.  "Where  are  they  ? 

Utr afifier rThey  are  hard  by. 

Att.  Oen.  Wliere  is  Kustace  Commiaal 
For  he  was  one  that  gave  in  evidence  agaisa 
the  prisoner. 

Then  Paul  Gormar  appeared. 

L.  C.  J.  What  wculd  ynu  ask  him  ? 
Piunkct.  I  desire  to  know  of  him,  whetbn 
3rr.  31oyer  did  allure  and  entice  him  to  svch 
j  a^ainM  me. 

I      Oonnur.  IniU.^,  my  lord,  he  never  did. 
I       L.  C.  J.  Will  \ou  ask  him  any  more  ? 

Goraiar.  Hut  this,  my  h»rd,  >ir.  Moytf  ud, 
:  I  were  in  diseoursie,  and  he  said  if  thiere  mi 
■  law  to  be  had  in  Ireland,  he  would  sbeir  Mr. 

Plunket  his  share  in  it. 
j       I.  C.J.  Well  wlir.tuf  that? 
!       Gcriiur.  My  l"i:l.  I  diil  enuie  out  of  Ireland 
:  ti>  rev( al  what  )il"W  the  \\i>\\  hail  a«^ainst  ibe 
kin^jf,  and  as  terthi>.  >!".  IMiiiiket,  as  I  ba^e  d 
«'^<t  lo  s;ne,  1  no*.i  li«  'tftl  ofr.iiy  misiWmeaoor 
ft  lii.n. 

.li'-:.  D.  '•€  :.  Ilr.'.v  v:\\v.''  v'»M  heretodav? 

;       .M.^T.  r  ::■:::.   Vb\  uli:;n?  Wa«i  it  the  AtlT- 
[  ne\  <i.*:!orjl  (T  l\r.:.!;' I  iIk:1  snnimoued  }Our 
<:.        r.   Hei^  '".  liit^  smimjfn>. 
.*^  .\.  Jc-;! .-.;-:.  I:  i^  a  eoi.!:n«»u  Subpania. 
i'...    ".' '.   I  :;tvv.-  «'"!.i  lur  him. 
(:"      ...•.  1:  w..>  1..-;  ;:;:ain>i  y«»u,  thrvkofv 
I  \\:a\  i\.*\ii"\i:  aL'i?n«:  \"H.  I  ihou;rhi  vou  did 
!v  •';.'   i:khh1  m    iitikiij  I'.iiii    hull ;  su  1  de- 

L-  C  J.   ll.wo  y^w  .T\v  i.vore  wiuics^t"*?  W 

r.:.^» -i."^!  •  •■  I  ii.Lii.i.. ^  vi:'ieomt.  we  wii 
..( d.  •  • .  I .  •  ■ 

i    .1  ..;.  yU  :  '.  1  i:.:»t  iK.i  any  more  wil- 

.  ;  "  .  ;;i  -'t'-nn  of  the  iarr, 
...  .  ^'.  Till  ikit.  is  intlictM 
..  *  ;  r  ei  ri-piring  lb* 
.r:r.-^  to  brinij  the 
•  I  -.  ■.  •  'i-  In  iniade  thai 
^"  ,  ■...".'  .  .  :  ••.  I;  ::  >h  nhcuHi  il 
'   •••  V  ..      ..    N  -i-i   f._ii  t \  :ili nee  aifaiBll 

1*^-    *.  V  .vtl.     Andibcai 

I...  ^-^  ^\..'. :  .H  (r\  :  .laiiiv  the wiinese4 
iUai  1 .  .-.  :..si  ■  -..;..  :.  ..» ..  ^  iMinniission.  ori 

gi^uvT  vUs  %.<.«.^2«tiaM:  locall  it,  fiil 
I 


lll.N    Jt        ■.'.•..•.         . 

K..   »  . ..    ,  % 


STATE  TRIALS,  33  Charleb  II.  l6Sl.J^far  High  Treason. 


[-190 


»  be  primate  of  Irtfland,  that  he  hath 
>n  him  to  make  laws  us  the  [iroTincial, 
le  hath  umlertakeii  and  codeavoiired 
he  |»opish  religion  in  that  kiiig^dom, 
;er  to  that,  lie  hath  my  ited  the  aid  of 
rh  aniiv,  and  that  hehath  tor  the  bet- 
i\g  of  tficm,  looked  out  what  places 
;t  convenient  tor  them  ;  That  he 
I  lax  upon  the  cIpixv  witliin  his  pro- 
tiiL  facilitating  of  aft  this,  and  fur  tlie 
rirp.irations  for  the  etitt^i-tiinnient  of 
.  Tliis  the  witnesses  testify  aiyainst 
tliat  there  were  some  towns"  as  Dnn- 
Jid  another  towH)  that  wen;  to  ho  bp- 
the  Fn*nch.  Now  you  must  ojppi- 
zming' these  witn<'siics;  If  \oii  lie- 
iTvidcncc  that  hath  Ikhii  given,  and 
ih  hc^en  reiieated  by  the  kini^'s  c<>i«n- 
i£  you  believe  that  he  did  desij^u 
a  a 'French  army,  to  establish  the 
eiigion  there  again,  and  that  lie  took 
to  raise  money  for  that  purpose,  sur- 
ports,  and  made  such  provisions,  as 
ses  speak  of  a:id  was  in  that  conspi- 
u  must  find  him  q^uiUy.  i  leave  it  to 
a  pretty  strong  cvidcnc(\  hi*  does  not 
ling  to  It,  but  that  his  witnchscs  are  not 

• 

t,  I  can  say  nothing  to  it,  but  give 
irotestation,  that  there  is  not  one  wonl 
d  against  me  is  true,  but  all  plain  ro- 
[  neicr  had  any  communication  with 
:h  uiinister,  cardinal,  nor  otlier. 

lie  jury  witlulrcw  for  a  quarter  of  an 
I  being  retumol,  gave  tlus  verdict. 

>.  (Miver  Phinket,  hold  up  thy  band, 
you,  is  he  Ciuill  v  of  the  high -treason 
le  stands  indicted,  <:r  Not  Guilty  ? 
Iff.   (iuilty. 
7.  ]>eo  gratis,  God  be  thanked. 

the  verdict  wns  recorded,  and  the 
le.  And  the  Kx'cper  went  away  willi 
ler. 

r'cdnesday,  15  June,  1601,  Oliver 
wan  brouglit  to  tlie  biur  to  receive  his 
It. 

en.  My  lord,  1  pray  your  judgment 
ic  firisouer  Oliver  Fluiiket. 
CV.  Oliver  Plunket,  hold  up  thy 
iou  haj»t  been  imlicted  of  higli- treason, 
:  been  thereupon  arraigned,  thou  hast 
lulcafled  Mirt  Guilty,  an<l  tor  thy  trial 
tbyself  upon  God  and  the  country, 
milry  hath  tbund  thi%  Guilty  ;  what 
toifty  fiN'  thyself,  wliyjudginf*nt  of 
■U  not  pass  upon  tlu^,  and  execution 
fmt  awarded  acxxinling  to  the  law. 
tf.  My  lord,  may  it  please  your  lord- 
■ve  luiiiething  to  sav,  which  if  your 
iHi  consider  seriousfy,  may  occasion 
ffpeHDiuispration  ana  mercy.  I  have, 
ft»t|iis  ftct  lieen  arraigned  in  Ireland, 
|0  my  trial  there.  At  the  day  of 
ft0  witnemes  voluntarilv  absciitcd 
I  bad  reoonb  aud  wiluMses 


to  conviuce  tliem  evidently,  and  slitxv  what 
men  they  were,  and  the  prepensed  irelice  that 
they  dill  bear  to  me,  apd  so  iinding  tlat  1  could 
clear  myself  evidently,  they  absented  them- 
selves, on  the  day  of  my  trial  no  CliHstiau  ap* 
peaiHHl,  but  liither  over  they  came,  and  pro- 
cui-cd  that  I  should  be  brought  liitlie:,  where  I 
could  not  have  a  jury  that  knew  the  qualifies 
of  my  advei*saries,  or  who  knew  me,  or  the 
circumstance  of  tlie  places,  times,  aqd  persons  ; 
the  juries  here,  as  I  say,  were  aftogctlier 
strangers  to  these  affairs,  and  so,  my  lord,  they 
cmhi  not  know  many  things  that  conduce  to  a 
tiiir  trial,  and  it  was  morally  impossible  thc^ 
sliould  know  it.  I  have  beini  accused  prina- 
pally  and  chiefly  for  surveying  the  ports,  for 
iiving  u|)on  Cailingford  for  the  landing  of  the 
French,  tor  the  having  of  70,000  men  ready 
t'>  join  with  tlie  French,  for  collecting  money 
for  the  agents  in  this  matter,  tor  assisting  of 
the  French  and  this  great  L-topian  army.  A 
jury  in  Ireland  consisting  of  men  that  lived  in 
ihat  country,  or  any  man  in  the  world  that 
hath  but  seen  Ireland  in  a  map,  would  easily 
see  there  was  no  probability  that  that  should 
be  a' place  fit  for  the  French  to  kind  in,  though 
he  never  was  in  Ireland,  ^et  by  the  map,  ue 
wuukl  si*e  they  nuist  come  between  the  narrow 
seas,  all  along  to  Ulster,  anil  the  rocks»  and 
such  places  would  make  it  very  dangerous ; 
and  by  their  own  confession  it  was  a  poor 
town,  and  of  no  strength,  a  very  small  garrison, 
whicli  had  not  been  so,  if  it  had  been  a  place  of 
aiiv  consideration.  And  where  1  had  influence 
only  upon  one  province,  as  is  well  known, 
though  I  had  the  title -of  Primate  of  all  Ire- 
land, as  the  archbishop  of  Canterbury  hath  of 
all  England  ;  yet  the  archbishop  of  'York  did 
not  |jer:uit  him  to  me<l<llc  with  his  province  ; 
and  it  is  well  known  by  the  gentry  tncre,  and 
those  tliai  are  accustomed  to  the  place,  that  in 
all  the  province  of  Ulster,  take  men,  women, 
and  chiUlriHi  of  the  lioman  Catholics,  they 
could  not  make  up  70,000.  This,  a  jury  there, 
my  lord,  had  known  very  well,  and  therefore 
the  laws  of  luigland,  which  ai«  very  favour- 
able Ui  the  piisoner,  liave  provided  that  there 
should  be  a  jury  of  the  place  where  the  fact 
was  committed,  as  sir  Thomas  Gascoigne,  as  £ 
have  heani,  had  a  Yorkshire  jury,  though  he 
was  tried  at  Loudon.  And  tlieu  alter  my  coming 
here,  1  was  kqtt  dose  prisoner  tor  six  months, 
not  any  C*liristian  was  penniltetl  to  come  to  me, 
nor  dill  I  luiow  any  thing,  how  things  stood  in 
the  world.  I  was  brought  here  the  third  of 
May,  to  be  arraigueil,  and  1  did  |)etitioD  yoor 
lorJbhip  to  have  Kom«  time  for  my  trial,  and  I 
would  ha«e  it  put  otf  till  Michaelmas,  butyonr 
lonlshii>s  did  not  think  tit  to  grant  so  long,  but 
only  till  the  eighth  of  tliis  moutli,  when  my 
witnesses  who  were  ready  at  the  sea- side, 
would  not  come  over  witfiout  ptsiies,  and  1 
cfiuld  not  get  over  the  records  without  aa 
order  from  hence ;  which  records  woidd  have 
shewn  that  some  c^ the  witnesses  were  indicted 
and  found  Guilty  of  high  criiuet,  some  were 
impriiiOB€4  fotf  vobberics,  and  tome  of  tiwMiU 


491]  STATE  TRIALS,  33  CiArles  11.  i681.— Trlv/of  Dr. 


Phmkei,  [491 


infamous  people  ;  so  I  petitioned 
the  8th  o#thJs  month,  that  1  mi^ht  have  time 
Imt  for  IS  days  more :  but  your  lonLsbijp 
ifliouglit,  vhen  the  motion  was  made,  that  it 
was  only  tl  pat  off  my  trial,  and  now  my  i»it- 
newes  are  come  to  Ooventry  yesterday  morn- 
ing', and  they  will  be  here  in  a  tew  days,  ami  so 
fyr  want  of  time  to  defend  mjrself  in,!  was  ex- 
posed to  my  adversaries,  who  were  some  of  my 
own  cicrgfy,  whom  for  their  debauched  lives  I 
have  comScted,  as  \9  well  known  there.  I  will 
not  deny  myself,  but  that  as  long  as  there  was 
any  toteration  and  c\mni>ance,  I  did  execute 
the  function  flf  a  bishop,  and  that  by  the  2nd 
t€  Elizabeth  is  only  a  premimire,  and  no  trea- 
0on.  80  that,  my  lord,  I  was  exposed  defence- 
leai  to  my  enemies,  whereas  now  my  witnesses 
ore  come  on,  that  could  make  all  appear.  I 
did  beg  for  12  days  lime,  whereby  you  might 
haye  seen  as  plain  as  tlie  sun,  what  those  wit- 
nesses are,  that  began  the  story,  and  say  these 
things  against  me.  And,  my  lord,  for  those 
depositions  of  the  70,000  men,  and  the  monies 
that  are  collected  of  the  clergy  iu  Irehmd,  they 
cannot  be  true ;  for  they  are  a  poor  clergy 
that  have  no  revenue  nor  la!hd ;  tney  live  as 
Ihe  Pknesbyterians  do  here,  there  is  not  a  priest 
in  all  IrfSand,  that  hath  certainly  or  uncer- 
tainly above  threescore  pounds  a  year,  and  that 
I  should  collect  of  them  40s.  a-piecc,  for  the 
nisinff  of  an  army,  or  for  the  landing  of  the 
French  at  Carliogford  ;  if  it  had  been  brought 
before  a  jury  in  Irelanil,  it  would  have  been 
thought  a  mere  romance,  if  they  had  ac- 
cused me  of  a  Premimire  for  the  exercise  of 
my  episcopal  f'utiction,  pcHiujis  they  had  said 
•omethiiig  thai  miirht  have  hccn  bcUcved  ;  but 
my  lonl,  us  I  uiii  a  dyin«r  maii,  and  ho|ie  ibr 
saltation  by  iiiv  Luni  smuI  Saviour,  I  am  not 
guilty  of  ov.e  |M)iTit  of  trcsison  they  hii'c  swore 
gainst  ni(*,  1^0  more  than  the  child  tlmt  was 
lioni  but  yestcnhty.  1  liavc  an  alt(>:t;iii(iii  un- 
der my  lonl  of  l-lssrix's  iiaiHJ  r'nHiriiini:  i.jy 
tfiMNl  liehavionr  i:i  Irclaiid,  and  not  o:ii\  rmiii 
fliim,  but  ftiMii  iii\  lonl  Hirkloy,  tviio  Wcls  :ilso 
gUTiTiior  llicri*,  wliirh  the  Kiii^-'sattoiiu-y  faw; 
hut  liiTO  I  v«ns  liroui^hl,  Ivmc  I  \«a.-*  trinl,  anti 
not  inivin:^  tiinc  toiiriiii^n^y  \\  I1  nL'>K«  s,  1  roiild 
nut  pruvu  iny  iniiiKn'tiry,  as  othor^Hst*  I  mi'^ht. 
80  that  il'  ih<'rr  T.^  any  raso  in  th<:  world  il;:ii 
deserves  ront)»assion«  sure  my  case  dots  :  nnd 
it  is  such  a  rare  rase,  as  I  hefieve  yon  w  ill  not 
/iml  tivu  oi'thcni  in  prints  that  one  ainiiufntd 
in  In'laud,  shonld  hv.  \nrt\  h«  n-  an«Twaii!s  ibr 
the  same  fart.  My  Inni,  if  then*  he  i\n\  thinir 
in  the  world  that  desiT\cs  piiy,  this  does;  for 
I  can  sav,  as  i  hope  tor  inerey,  1  was  never 
guihyof  anyone  oonit  they  havesvvore  aor;iii,s( 
me,  and  if  my  (letiiion  tor  time  had  Ikvu  ^;runi- 
e,*!,  I  cxNilil  have  shewn  how  all  was  |)iX|Knse 
muliee  ni>ains]  me,  and  hove  produ<'«>d  all  eir- 
CUiUsUui(H>s  that  eould  make  out  the  innoi>fney 
•fa  person.  lUit  not  having'  had  time  enougli, 
and  being  tri4>fl,  1  urn  at  your  mercy. 

L.  C,  J.    Well,  you  li'u^e  noihin|r  further  to 
my  in  bar  of  judgment,  you  ba>e  ^uid  all  you 


Plunkei.  I  have  nothing  further  to  say,  bat 
what  I  have  said. 

Then  Proclamation  was  made  for  siknce^ 
j  while  judgment  was  passing  upon  the  pri- 
soner. 

L.  C.  J.  Look  you,  Mr.  Flunkct,  yon  have 
been  here  indicted  of  a  very  great  anff  heinooa 
crime,  the  greatest  and  inoat  heinous  of  all 
crimes,  and  that  is,  high-treason ;  and  traly 
your's  is  treason  of  the  bighot  nature,  it  is  a 
treason  in  truth  against  God  and  yvnr  king, 
and  the  country  where  you  lived.  You  lunre 
done  as  much  as  you  could  to  dishonour  God 
in  this  case ;  for  the  bottom  of  yoar  trenoQ 
was,  your  setting  up  your  liedse  religion,  than 
which  there  is  not  any  thing  more  displeaaBg 
to  God,  or  more  permcious  to  mankind  in  the 
world.  A  religion  that  is  ten  times  worn  than 
all  the  heatliemah  supetstitiona ;  the  moat  &• 
honourable  and  derogatory  to  God  and  Ui 
glory,  of  all  religions  or  pretended  reUgiooi 
whatsoever,  for  it  undertakes  to  diapenae  wi& 
God's  laws,  and  to  piudon  the  breacn  of  then. 
80  that  certainly  a  greater  crime  there  cannrt 
be  committed  against  God,  than  for  a  mantt 
endeavour  the  propagation  of  that  religioA; 
but  you  to  effect  thu,  have  designed  theoaatk- 
of  oiv  lawful  prince  and  king :  and  then  jmr 
design  of  blood  in  the  kingilom  where  yan 
lived,  to  set  all  together  by  the  ears,  to  dMlny 
poor  innocent  people,  to  prostitute  their  ifH 
and  liberties,  and  all  that  is  dear  to  them,  la. 
the  tyranny  of  Rome  and  France ;  and  that 
by  introducing  a  French  army.  What  greater 
evil  can  be  designed  by  any  man?  f  men- 
tiijii  these  things  because  they  have  all  been 
fully  proved  againbt  you ;  anii  that  yuu  may 
take  notice,  and  re;K'nt  uV  them,  and  make 
your  peace  with  (iod,  hy  u  pailiciilju'  ap|»liea- 
iion  fur  liierey  ibr  all  iliKine  funlls  ;  for  it  sccnf 
\  >  me,  thai  against (lod,  your  [irinee,  and  fel- 
li>vv-siiljjcils,  you  have'  l).*li;ived  yonrsdf  vny 
ill,  de*-it:iiinLf  very  (rrrtit  evil  to  all  tlioso  ;  and 
now  it  hatli  [dea!,cd  God  to  briii*^  you  to  judg- 
ment. 

I  muKt  tell  \nu,  prradvenlnrc,  vliat  ymi 
urm' Ibr  yH'.r-itlf  miuht  iniroiluce  pily,  if  ii 
Wi'ie  10  iic  hi.'li^ned;  th.tl  is,  thai,  yuu  arein- 
ncN-eiit,  and  h:id  wjlneN^es  to  prove  it ;  butwt 
eann'»isn|)pose  any  man  innocent,  that  hitb 
hail  a  Icf^al  and  fair  trial,  and  a  trial  with  ai 
inneh  candor  to  yon,  as  your  eujic  could  bear, 
or  as  perhaps  any  ir.an  ui  such  a  atse  «itcr 
had.  Von  liad  lime  \i\mn  your  it^piost  to  scnJ 
for  \  our  wiuiesM's,  to  lielo  vou  in  your  defeuCCf 
and  to  ha\e  pro\ed  yt>nr  innocence,  11  vtMl 
eoiiM  have  done  il ;  time  Ion;;  cnou;;h  to  yoac 
own  content,  yt'U  yonr.self  thou:;'ht  it  so,  it 
lh(>  time  it  was  ^iven.  To  {^ivc  a  ]irisoiier  un- 
d<-r  your  circuniMaiict's,  rive  or  si\  weeks  tin* 
to  send  tbr  witnesses,  is  not  usual;  we  could 
havi:  put  you  upon  a  prescMit  defence,  andbu^ 
ricd  von  out  of  the  world  h\  a  suiiden  trial,  if 
we  had  had  any  (K*!»ign  against  you ;  but  wi 
go  on  in  a  fair  way,  and  with  kgal  pr>oeed- 
lugs,  and  with  as  much  respect  to  y 0U|  u  il 


«3] 


STATE  TRIALS^  Sd  Chaelks  IL  l6S\^for  High  Ti^asoM.  [494 


nh  a  ease  could  be  uted,  for  we  gave  jroii 
til  the  fair  hearing  and  liberty  tbat  you  desired 
fo  litre. 

Look  you,  as  to  what  you  urgfe,  that  your 
tiiil  was'  in  this  kingdom,  whereas  your  of- 
fence was  in  another,  that  is  a  thing  that  docs 
lot  become  you  by  any  means  to  object;  for 
jron  have  had  a  trial  here  by  honest  persons, 
md  that  according  to  the  laws  which  obtain  in 
tliis  kingdom,  and  that  too  of  Ireland,  which  is 
ky  a  8t^te  not  made  on  purpose  to  bring  you 
into  A  snare,  but  an  ancient  Statute,  and  not 
widiont  precedents  of  its  ha?in^  been  put  in 
eieciiticm  before  yoor  time:    for  your  own 
country  will  afford  yon  sercral  precedents  in 
diis  case,  as  O'Rurke,  and  several  others  that 
bare  been  arraigned  and  condemned  for  treason 
done  there.    So  that  you  have  no  reason  to 
except  against  the  legality  of  your  trial.    You 
ny,  now  you  have  witnesses  that  could  prove 
all  diis  matter ;  why  that  lies  in  the  month  of 
any  man  that  is  condemned  to  say ;  but  pray 
oonnder  with  yoiuw If,  what  regard  onght  to 
be  given  to  this.    Vr  e  cannot  help  it,  if  your 
witnenes  do  not  come;  you  may  remember 
they  wanted  not  time  nor  opportunity  to  come 
over ;  but  you  told  us  th^  would  not  come 
unlcaa  they  had  a  passport. 

Plunked,  My  lord,  they  got  a  pass  to  come 
wer  afterwards,  and  so  *^in  eight  days  they 
nune  hither. 

Xi.  C.  J.  You  might  have  provided  yourself, 
If  tbey  wanted  such  a  thing.  In  the  first 
place,  no  body  is  bound  to  give  it  tJiem,  much 
teas  could  you  expect  it  for  them  without 

PinJbrf .  I  could  not  get  the  copies  of  the 
feoacla  neither  by  any  means,  unl^^  I  had  an 
onlv  from  the  council,  and  they  would  not 
give  that  order,  unless  your  lordsliip  appoint- 
ed it 

Zb  C.  J.  We  cannot  tell  tliat,  you  should 
have  petitioned  in  time. 

Plmmktt,  How  could  any  one  foresee,  un- 
\tm  he  was  God  Almighty,  that  they  would 
deny  it,  or  that  he  could  not  get  out  a  copy  of 
a  record,  paying  for  it,  without  a  petition. 
AUthefnemb  I  had,  told  me,  upon  motion 
there  it  might  be  had  ;  but  here  I  nave.it  uii- 
her  the  lieutenant  s  and  council's  hands,  that 
tbey  woull  give  no  cony  of  records  without 
order  Dram  hence,  which  before  I  fH>u1d  know 
it,  it  was  impossible  for  me  to  have  them  ready 
against  nay  trial. 

LnCfl  Look  yuu,  Sir,  I  do  speak  this  to 
yoD,  to  shew  you  mat  those  objections,  which 
70a  seem  to  make  against  your  trial,  have  no 
weight  at  all ;  but  in  this  case  it  is  not  the  jury 
fliat  are  so  material  as  the  witnesses  them-* 
aelves.  I  app«il  to  aU  that  heard  your  trial, 
if  they  could  so  much  as  doubt  but  that  you 
were  guilty  of  what  you  were  charge^l  with. 
For  oonsider,  here  were  persons  that  were  of 
your  own  rdigion,  the  most  of  them  priests,  I 
Uunk  almost  all  of  them  id  orders. 

Fiunktt,  There  were  two  f  Hers,  and  a  priest 
whon  I  have  andoavourMl  to  correot  this  sevtw 


years,  and  tliey  were  reiiegudocs  from  our  reU« 
gion,  and  declared  apostsites. 

L,  C.  J.  luook  you,  8ir,  tlicy  gave  an  evi- 
dence very  home  to  your  matter ;  you  had  li<- 
berty  to  examine  tlium,  aud  they  ga>e  you  a 
rational  account  of  any  tiling  you  a^ed*  Let 
me  hut  put  you  in  mind  of  one  thing.  You 
made  exceptions  to  onc^s  evidence,  (anil  indeed 
that  was  very  nrnch  of  your  exceptions  to  all) 
why  he  did  not  reveal  this  in  aU  that  time: 
Truly  he  tohl  you  he  was  of  your  mind,  till  ho 
went  into  France,  and  saw  what  slayery  aud 
mischief  you  endeavoured  to  introduce  upon 
his  and  your  own  countrymen,  and  this  his 
spirit  rose  against,  to  see  what  a  condition 
Ireland  was  like  to  be  brought  into.  And  pray, 
did  he  not  give  you  a  full  answer  to  that  quei» 
tion? 

Plunket,  I  had  sufficient  witnesses  to  prove 
he  was  an  apostate,  and  was  cliastised  by  me, 
and  therefore  had  prepensed  malice  against 
me. 

L.  C.  J.  Therefore  I  have  spoken  this  to  tho 
satisfaction,  I  hope,  of  yourself,  and  all  that 
hear  it.  I  do  now  wish  you  to  consider,  you 
are  near  your  end.  It  seems  you  have  lived  in 
a  false  religion  hitlierto  ;  it  is  not  too  kite  at 
any  time  to  repent,  I  wish  you  may  have  tho 
grace  to  do  so :  In  the  mean  time  there  is  no 
room  for  us  here  to  grant  you  any  kind  of 
mercy,  thoush  I'll  tell  you,  we  are  inclined  to 
pity  all  male&ctors :  WnocYer  have  doneevil, 
we  are  inclined  to  pity  them,  and  vrish  hear- 
tily that  they  may  repent,  as  we  do  that  you 
may,  of  what  you  have  done.  But  all  we  can 
do  now,  is  to  say  what  the  law  says,  and  tliat 
is  to  pass  judgment  npon  you. 

Plunket,  May  it  please  your  lordship  to  g^ve 
me  leave  to  speak  one  word.  If  I  were  a  man 
that  had  no  care  of  my  conscience  in  this  mat- 
ter, and  did  not  think  of  God  Almighty,  or  con- 
science, or  heaven,  or  hell,  I  mi^t  have  saved 
my  life  ;  for  I  was  offered  it  by  divers  people 
here,  so  I  would  but  confess  my  own  guilt,  and 
accuse  others.  But,  my  lord,  I  had  rather  dia 
ten  thousand  deaths,  tlian  wrongfully  accuse 
any  body.  And  the  time  will  come  when  your 
lonlship  will  see  what  these  witnesses  are,  that 
have  come  in  against  me.  I  do  assure  your 
lordship,  if  I  were  a  man  that  had  not  good 

Crinciples,  1  might  easily  have  saved  my  life ; 
ut  I  nad  rather  die  ten  thousand  deaths',  than 
wrongfiilly  to  take  away  one  iarthing  of  any 
man's  goods,  one  day  of  his  liberty,  or  one 
minute  of  liis  life. 

JL  C.  J,  I  am  sorry  to  see  you  persist  in  tha 
principles  of  that  religion. 

Plunket.  They  are  those  principles,  that 
even  God  Almighty  cannot  dispense  withal. 

X.  C.  J,  Wdl,  however,  the  judgment  which 
we  must  gi>  e  you  is  that  which  the  law  t^ys, 
and  speaks.      '  And  tlierefore  you  must  go 

*  from  hence  to  the  place  fruin  whence  you 
*•  came,  that  is,  to  Newipite,  and  from  thence 

*  you  shall  be  ilrawn  through  the  city  of  Lon- 

*  don  to  Tyburn  ;  there  vnii  shall  be  hanged 

*  by  tlieiieck,  but  cut  down  bel'ure  you      ~ 


495^1    STATE  TRIALS,  33  Chakles  IL  l68l---rri«/o/l>r.O/iwr«ii«Jtrf.   [4^ 

time,  I  must  recoiVc  sentence  («f  c«-H»itin( 
damnation ;  aHer  which  there  is  no  ivpricrcoi 
hope  of  pardon.  I  will  tlioreforc  coofess  dii 
tnith,  without  any  oquiTocatioB,  an«I  makeim 
of  the  wonls  acoonling  to  tbeir  accustomed  ri^ 
nification ;  assuring'  you  moreorer,  Uni  I  tiD 
of  tliat  certain  persuasion,  tlmt  no  power,  ndi 
only  upon  earth,  bnt  also.inheaTen,  can^' 
pcnsc  with  me,  or  give  me  Itere  to  make  a  ftbi 
protestation :  And!  motest  tipon  the  wonl  of  1 
<ly ing  man,  and  as  I  hope  for  salvation  at  thi 
haii£  of  the  Su|ireme  Judge,  that  I  will  dedm 
the  naked  tnitli  witK^U  candomr  and  sinoeri^t 
And  that  my  affairs  may  be  the  better  loiowa 
to  all  the  world. 

It  is  t«)  be  observed,  that  I  have  been  accoscd 
in  Ireland  of  treason  and  Pnemnnire,  and  thu 
there  I  was  arraigned  and  brouglit  to  my  trialj 
but  tlic  prosecutors  (men  of  flagitious  and  ah 
famous  lives),  perceivin^^that  I  hail  records  aai 
witnesses  who  would  evidently  convince  tfaetf^ 
and  clearly  shew  my  innoocncy  and  tbck 
wickedness,  they  voluntarily  absented  Aen- 
selvcs,  and  came  to  this  city,  to  procure  that  1 
should  be  brought  hitlicr  to'my  trial  (where ihi 
crimes  objected  were  not  committed)  where  Ibfe 
jury  did  uot  know  me,  or  the  qualities  af  iii| 
accusci-s,  and  were  not  infiinned  of  Kfcnl 
other  circumstances  ronduciikg  to  a  fiur  tiaL 
Here,  after  six  months  close  imprisonmoil  (ft 
thercabnuts)  I  was  brought  to  the  bar  the  M 
of  Alay,  and  anraigned  tor  a  crime,  for  wUg^ 
I  was  before  arraigned  in  Ireland  :  A  stnuMi 
resolution,  u  mrc  fu(i,  of  wliich  you  will  liu«| 
fiiiil  a  i)i'('rr4|(>iit  thc^o  five  huniircd  yeais  part: 
Dnt  uiiiTiiis  iii\  uitiM's-u's  mill  rcoiiixls  were  ia 
Ir«l.?U(1,  the  I /)nl  <''hief' Justice  qavc  me  fhn 
wicKs  tiinp  to  'j;v\  tliein  broiiirlit  hither :  hot  bi 


*  dead,  your  liowels  shall  be  taken  out  and  burnt 

*  before  your  fact*,  your  head  kIiqII  be  cut  off, 

*  aAd  your  bo<ly  be  divided  into  four  quarters, 

*  to  be  disposed'of  as  his  majesty  pleases.    And 

*  I  pTay  Ood  to  have  mercy  upon  your  soul.' 

Piankct,  My  lunl,  I  hope  I  may  have  tliis 
favour,  of  Iea\c  fur  a  servant,  and  some 
few  frieads  that  1  have,  to  come  at  me. 

L.C,J,  I  think  you  may  have  liberty  Ibr 
Any  servant  to  coine  to  you,  I  know  nothing  to 
the  conn  ary. 

Plunket.  And  some  few  friends  that  I  have 
in  town. 

X.  C.  J.  But  I  would  ailvise  you  io  have 
tome  minister  to  come  to  you,  some  protcstaut 
tninister. 

Plunket.  My  loni,  if  you  please,  tliere  are 
lome  in  prison,  that  never  were  indicted  or  ac- 
cused cifany  crime,  and  thcv  will  do  my  bu5ii- 
ness  ver}'  well ;  for  they  will  do  it  according  to 
the  rites  of  our  own  church,  which  is  the  an- 
cient usa^c,  they  cannot  do  better,  and  I  would 
not  alter  it  now. 

L,  C,  J.  Mr.  Richanlson,  vou  may  let  his 
icr\'ant  come  to  him,  and  any  friend  in  your 
presence,  to  see  there  be  no  evil  done,  nor  any 
contrivances  that  may  hereafter  have  an  influ- 
encc  upon  affairs. 

Justice  Jona.  Be  you  present,  or  some- 
body. 

Piunkct.  l^Iy  scrrnnt,  I  hope,  may  come, 
vrithont  his  being  present. 

^  L,  C.  J.  Yes,  ves,  his  servant  may  be  with 
him  alone.  ^Vcll,  Sir,  wc  wish  better  to  you 
than  >  on  do  to  yourself. 

Piunht.  God  Aliiiiijhty  bli-ss  your  lovdsliip. 
And  now,  my  lord,  as  I  am  a  dead  man  to  tliLs 
wurlil,  and  as  I  hoj»e  for  incrry  in  tin*  other 
world.  I  was  never  icuiltv  of  any ''f  tlie  trra- 
sons  laid  to  my  rharixc,  as  you  will  lii'iir  in 
time ;  atid  my  <*li'.ir;H't<-r  \.>ii  loav  ivcpIvo  trom 
iny  lord  fhunerllor  (»r  Ir- laii-K  njy  loni  Hcik.*- 
lev,  Illy  loni  Ksn*  x,  ami  llie  duke  of  OriiioiiiJ. 

Then  the kcc|)or  took  away  his  juinr.irr,  and 
Hj>on  Friday  llie  IM  oiMuly,  ho  >»,-•.»  exefutal 
aceonliiig  to  the  seuti  lu'o. 

At  the  ii!a(*e  of  iiLccution  Dr.  riiiiikcJ 
spake  us  follows : 

I  have  snm<'  fi»\v  jIuvs  \v\'\  aM<l"«l  niv  t:  ial 
at  the  Kinj^'s-liriicli,  \i\v\  now  \(  ly  <t»Oii  1  must 
hold  up  iny  haml  at  tli»'  Knur  of  Kiiii^s^-iivnrh, 
and  api»rar  bel'ire  a  iiul.ro  that  eannol  tx*  de- 
ceived i»v  false  wiinrsMS,  or  cornijucil  ;.li:'i;'a- 
timw;  tor  III' knowftli  the  s«'<Tets  of  ln:'.rti; 
lU'ither  can  ho  iU'ccivr  aii\  ,  or^"i\t»  an  ip.iJMst 
SciUciicr,  «»rmis!iMl  \\\  iTspiMt  nl' jktndus  ;  i'c 
iK'iiitrall  (ronthiess,  anil  a  most  jnsi  ju«liii\  will 
h'.l'ailihlv  iltTrr,',»  an  i.u  rii.\l  nwaiil  fi»r  all  z^u^\\ 
works,  ami  con.li;jfn  itn'iisiniK  i.t  lor  ti:r  Miuiii- 
est  transtji  lesion  a*^aiiis«  his  coinmoTiiiinents. 
\\'hich  iN'iiiiT  ;t  iMiist  ciTtaui  and  iind  Mil>ted 
truth,  it  wo\[Kl  be  a  wlrk.  .i  a  -t.  and  cnotniry  to 
my  l»er|ietual  wfltaro,  tir.:»  I  should  iiow/hy 
dcclariiiLT  s»»v  ihinyf  <'«mt»-ar\  to  trntli,  nnnmit 
a  detestable  iiu,  for  whicli/  witlun  a  ^^ery  ^hort 


I 

rea.s4»n  of  the  nnnnlainty  of  the  seas,  of  winl 
ai.d  wcallicr,  ami  of  the  diflienity  of  t^etting 
eo|»i('s  o!'r«  cords,  and  hrinarin;''  many  witnesMI 
t'roiii  scuTJiI  cnuijiics  in  Ireland,  anil  for  many 
other  ini|MM:in)cnts  (of  wiiicliaindavit  was  made) 
!  I  cfjnM  not  at  tliccnd  of  the  live  week.**  «;et  thl 
rcconis  anil  wilnissj-s  hroni:ht  liitluT  ;  1  there- 
lore  h,L;t»<'l  f«»i'  twj-hc  ilaysinore.  that  I  migtt 
1h-  i,i  a  ri:i(linc5;>:  for  my  trial,  whicli  my  \dwi 
Ciiicl'Jn-itici'  denictl  ;  and  so  I  was  hrrii^htft 
ray  trial,  and  r\j)osi  1!,  as  it  wcr,  v.ithniy 
lian^is  tirtl,  to  those  merciless  j.crjriror*,  ivli 
did  aiin  at  in\  lift  .l»y  accusing' nn  of  iIu-mc  fol- 
low  iiiu:  jioict'* : 
I       Fii-sl.  Tliat  1  liJiVC  sent  Ictcrs  hy  nnc  Mel 
'  <rNcal  (wii.)  was  my   piL,^c)  t  »  M.'PuMrscW, 
the  Poijc's  v'cretary  ;  to  tl-:  '  i .^!•cM  »>f  \i\,  and 
to  tVinciiH*  (.'ul'ini.a.  tliat  they  vv*i\\\  s'^Hj  it  fr- 
I  ri  i'jii  |iow(is  to  in\adc  Ip'h'niii;    arid  hImi  t» 
j  lia»c   M  ni   letters  t»>  I'anhnal   l*(»nilliji  la  tba 
I  s're.i' I   \v\.  Si«-fnu;I\ .  Tfi  h:i\e  « lJ■!•!.p•.:^l^'sp- 
'  tain  Ccn  0'.\.  i!i  to  Vol-  rreiif  tl  Ki".-*rir»iii«- 
ciMir.      Thliuly,  To  h:'.\r  h\ic'l  aivl  exadfld 
iimnies  iVoui  the  cler-A  of  ircl.-iniK  to  luin^lll 
tiie    Fn'nch.   ant',   to  'ii;:iiiit;:iii   7tV«J0    nirt- 
ronrtiily,    To   hau-  had  in   na'lii:e-s  70.000 
nhii,  an  J  lists  uiaile  ol'tlicni,  and  to  Ii:y.e;:iTf» 
directions  ti»  t»ni'  friar   Duffy   to  ui;u»p  a  listrf 

'ZjO  mea  in  the  imribh  of  F(»2j;1iait,  in  the  coaafST 


STATE  TRIALS,  53  Charles  II.  l681.-/or  High  Treason. 


[498 


neither  is  it  less  uutrue  what  friar  Diiflfy  attests 
eil,  viz.  That  I  directed  him  to  make  a  hst  of 
U30  men  in  the  parish  of  Fo^hart,  in  the  county 
ofliowth. 

To  the  iiOh  I  answer,  That  1  never  surveyed 
all  the  forts  and  harboiu^  of  f  reluud,  and  that  1 
was  never  at  Cork,  Kin^^^sale,  Brantr}-,  Youg- 
hai,  Dunjrarvan,  or  Knockfergtis ;  and  these 
36  years  past  1  was  not  at  Limerick,  Dungfan- 
non,  or  Wexford.  As  tor  Cnrlingford,  1  never 
was  in  it  but  once,  and  staid  not  iu  it  above 
half  an  hour;  neither  did  I  consider  the  fort 
or  haven  ;  neither  had  I  it  in  my  thouglits  or 
imagination  to  fix  upon  it,  or  upon  any  other 
fort  or  haven,  for  landing'  of  French  or 
Spaniards  ;  and  whilst  I  was  at  Garlingford  (by 
mere  chance  passing  that  way).  Frier  DuAy 
was  not  in  my  company,  as  he  most  falsely 
s^'ore. 

To  tlie  sixth  I  say,  That  I  was  never  at  any 
meeting  or  council,  where  there  was  mention 
made  of  allotting  or  collecting  of  monies  tor 
a  plot  or  conspirai'y ;  and  it  is  well  known,  that 
the  catholic  clei^  of  Ireland,  who  have  neitlusr 
lands  nor  revenues,  and  hardly  are  able  to  keep 
decent  cloatlis  upon  their  backs,  and  life  and 
soul  togetlicr,  can  rais^  no  considerable  sum  ; 
nay,  caimot  spare  as  much  as  would  main- 
tain half  a  regmient. 

To  the  seventh,  I  answer.  That  I  ^>'as  never 
at  any  meeting  of  30()  gentlemen  in  the  county 
of  Monaghan,  or  any  e;entleman  of  tlie  three 
counties  of  Monaghan,  Armagh,  ami  Cavan,  nor 


Fifthly,  To  have  surveyed  all  the 
haritours  m  Ireland,  and  to  nave  fixed 
rUiiffford  as  a  fit  harbour  for  the 
landmg'.  Sixthly,  To  have  had  seve- 
ib  and  meetings,  where  there  was 
[lotted  for  introducing  the  Frencli. 
nut  a  meeting  in  the  county  of  Mo- 
ome  10  or  12  years  past,  where  there 
gentlemen  of  thrcg  several  counties, 
»naigluin,Cavan,  and  Armagh  ;  whom 
ort  to  take  arms  to  recover  their  es- 

firet  I  answer,  That  Nid  O'Neal  M-as 
servant  or  page,  and  that  I  never  sent 
otters  by  him  to  M.  Baldeschi,  Or  tlie 
Aix,  or  to  Principe  Cotonna.  And  1 
the  English  traiwation  of  that  pre- 
ter  produced  by  the  friar  Macmoyer, 
invention  of  his  ;  and  never  penned 
its  original,  either  iu  English,  lAtin, 
any  other  language.  I  affirm,  more- 
I  never  wrote  letter  or  letters  to  car- 
Uon,  or  any  of  the  French  king's  mi- 
either  did  any  who  was  in  that  court 
Jk  to  mc,  or  write  to  me,  directly  or 
of  any  plot  or  conspiracy  against  my 
antry.  Farther,  I  vow,  that  I  never 
or  agents  to  llome,  or  to  any  other 
It  any  civil  or  temporal  aflairs :  and 
known  (for  it  is  a  precept  publicly 
bat  clergymen  (living  in  countries 
government  is  not  of  Roman  Catho- 
Mumanded  by  I^ime,  not  to  write  to  1 

leeming  any  civil  or  tcm[)oral  aflairs.  of  one  county,  nor  of  one  barony  ;  and  that  1 
arer,  that  f  never  recinved  letter  or  never  exhorted  a  pfcntlemnn,  or  gentk^men, 
D  tJie  Pope,  or  from  any  oUicr  of  his  either  tliere,  or  in  any  other  part  of  Ireland, 
naking  the  least  mention  of  any  such  to  take  arms  for  the  recovering  their  estates  ; 
ao  that  the  friars  Macmover  and  and  it  is  well  known,  that  there  are  not  even  in 
re  most  falsely,  as  to  such  lei ter  or  all  the  pnuinceof  L'lster  500  Irish  Itomuu  ca 
sit  or  aliments.  tholics,  who  Imd  estates,  or  lost  estates  by  tho 

ecood  I  say,  Tliat  I  never  employed    late  rr-lieliion  ;  and,  as  it  is  well  known,  all  my 
a  O'Neal  to  the  French  kiiur,  or  to    tliour^lits  and  endeavours  \Vere  lor  the  <|uietof 
ministers  ;  and  that  1  never  wrote  to  i  ra\  country,  and  especial iv  of  that  prri\  mce. 
reived  letters  from  hiui ;    and  th:it  I  '      Now  to  be  brief,  as  1  fiope   for  sidvatiou,  I 
him  but  once,  nor  ever  tspokc  to  hiin.  ,  iic^er  i>eiil  letter  c»v  letters,  agent  or  agents,  to 

p>*|>e,  king,  prinre,  or  prelate,  concerning  any 

fiot  or  conspiracy  agstinst  my  king  or  country  : 
never  raised  sum  or  sums  of  money,  great  mr 
small,  to  niiiintain  soMiiT  or  soldiiTS,  all  tho 
days  of  my  lite ;  I  never  knew  or  hoard 
(neither  did*itc«)me  to  my  thou;;1its  or  imagin- 
ation) that  the  Fi-ench  v^ere  to  Ituid  at  Cariing- 
ford  ;  and  I  l>e!i«v«.*  there  is  none  who  saw  Ire- 
land even  in  a  map,  but  will  think  ii  a  mc^re 
n)nmnce ;  1  ne«  t  r  kncii'  of  any  plotters  w  con* 
spirators  in  Ireland,  but  such  as  were  notorioua 
and  proclaimed  (comuionly  called  Tories)  whom 
I  did  endeavour  to  supnress.  And  hh  I 
hope  for  sidvation,  I  always  liave  been,  and  am 
entinly  innocent  of  the  treasons  laid  to  my 
cl large,  and  of  any  other  whntsoi'ver. 

And  tliough  I  be  not  guilty  of  the  crimcN  uT 
wiru'h  1  am  accuscil,  yet  I  believe  none  rnme 
e\er  to  this  place  who' is  in  such  a  cftnilitinn  a* 
1  am  ;  for  if  I  should  even  acknowlmli;!*  (h  Inch 
in  conscience  I  cannot  do,  bef!aus<*  I  hlmiifd 
belie  myself)  th«  chief  crimes  laid  to  my  t:\iurff • 
•J  K 


t  of  my  remembranci',  ten  wc/i-ds : 
his  lieinsr  in  Charlemont  or  I)un«;-»n- 
rer  saw  tiim  in  thost>  town«,  or  knrw 
g  in  those  plact^ ;  so  that  as  to  (.'on 
iar  3Iacmoyrr's  de|iOsitionK  are  most 

third  1  say,  Tliat  I  never  levied  any 
*  a  plot  or  conspiracy,  for  bringing  in 
or  French,  m*ither  did  I  eve**  n.T(;ive 
tiiat  accoimt,  iipi>m  priests  or  friars, 
fac-Chive,  and  friar  Duflfy,  most  un- 
rM.  i  afBurc  3'on,  that  1  never  re- 
■  any  dergA'roan  in  Ireland,  but  what 
I VK  ay  ancient  custom  for  my  main- 
nd  what  my  predecessors  these  hun- 
n  WR  wont  to  receive ;  nay,  I  n;- 
■Aaa  many  of  them.  And  if  21 11  what 
Ac  dergy  of  Irebind  get  in  the  year 
M  toe  purse,  it  sroidd  signify  little  or 
i  ■Mniee  the  Frem^h,  or  to  raise  an 
nyno  men,  which  I  had  inlistcd,  and 
favMavmoyer  most  falselv  ileposed; 

mi. 


49ff]  STATE  TRIALS,  35Chaiil«8  IT.  l6ttt.*^7KffI^I>r.07iMr/Viuaafl.  [500 


BO  mise  man  that  knows  Ireland  would  belie?e 
Bie.  If  I  should  coniess,  that  I  was  able  to 
raise  70,000  men  in  the  districts  of  which  I 
hail  care,  to  wit,  in  Ulster ;  nay,  e\'en  in  all  Ire- 
land, and  to  have  levied  and  exacte«l  monies  irom 
the  Roman  clerf^-  for  their  maintenance,  and 
to  have  prepared  'Cartingford  tor  the  French's 
landin|2r,  all  would  but  laugh  at  me,  it  being 
well  known,  that  all  the  revenues  of  Ireland, 
With  spiritual  and  temporal,  possessed  by  his 
majesty's  subjects,  are  m^pcc  able  to  raise  and 
maintain  an  anny  of  70,000  men.  If  I  will 
deny  all  those  crimes  (as  I  did,  and  do),  yet  it 
may  be  that  some,  who  are  not  acquainted  with 
'theallbirs  of  Ireland,  will  not  bdievetbatmy 
doiial  is  grounded  upon  trutlt,  though  I  assert  it 
with  my  last  breath.  I  dare  venture  Huiher, 
and  affirm.  That  if  these  points  of  70,000  men, 
\c.  bad  been  sworn  before  any  protestantjtiry 
iu  Ireland,  and  hud  been  even  acknowledged  by 
me  at  tlie  bar,  they  would  not  believe  me,  no 
■more  than  if  it  had  been  deposed  and  confessed 
by  me,  that  1  had  flown  in  the  air  tirom  Dublin 
to  Uoly-Ucad. 

You  see,  therefore,  what  a  condition  I  am 
in,  and  you  have  heiird  what  protestation  1 
ha»'e  made  of  iuuooency,  and  1  nope  you  ^ill 
bdievc  the  words  of  a  dying  man ;    and  that 

r>u  may  be  the  more  induced  to  give  me  credit 
assure  you,  That  a  great  peer  sent  me  notice 
that  he  woukl  save  my  life,  if  I  would  accuse 
others :  but  I  answered.  That  1  never  knew  of 
any  conspirators  in  Ireland,  but  such  (as  I  said 
befori*)  as  were  puldicly  known  outlaws  ;  and 
that,  to  save  mv  life,  I  would  not  i\\\s\y  accuse 
any,  nor  prejudice  my  own  soul.  *  Quid  prodeut 
komni,'*6iC.  To  take  away  any  man's  life  or  goods 
wrongfully,  ill  lieoometii  any  christian,  esfie- 
cially  a  man  of  my  calling,  lieing  a  clergy n.an 
of  the  catholic  church,  and  also  an  unworthy 
prelate,  which  1  do  openly  contess.  Neither  will 
I  deny  to  have  exorcised  in  Irdaiid  tiie  func- 
tioits  of  a  catholic  pn>]ate,  as  lon<:^  as  there  was 
any  connivmice  or  tolfi-ation  ;  and  by  preaching 
and  teacitiiig,  and  statutes,  to  have  endeavoured 
to  bring  the  clepj^y  (ut*  which  I  had  a  care)  to  a 
due  coui)u>rtment,  u<*c<)rding  to  their  calling ; 
and  tliougli  thereby  I  did  but  my  duty,  yet 
some,  who  would  not  amend,  had  a  prtjuJioe 
for  in<*,  and  especially  niy  accusers,  to  Athoui 
I  did  cndea>  our  to  do  good  ;  I  mean  the  c-lerg)'- 
meu  ;  (as  for  the  four  lay -men,  who  appeared 
against  me,  viz.  Fku'ence,  Mucmoycr,  the  two 
Seals,  and  llaidon,  I  wiLS  never  acquainted 
with  tlieni),  but  yon  sec  how  I  am  reiiuitted, 
and  how  by  false  oaths  they  l)rou«j^lil  me  to  this 
untimely  Jeath ;  which  wiiJced  PtCl  he'iwj;  u 
di'lect  of  persons,  ouj^ht.  not  to  refh'et  upon  the 
order  of  2St.  Francis,  «»r  u|K)n  the  Uouian  <.!a- 
tliolic  rlerg\  ;  it  being  well  known,  (hal  there 
wn-i !»  .Iutl;ii  auioutr  ihe  tw«.'lve  a|)osUes,  and  a 
wii'kt  .1  nuin,  cullul  Nieholus,  among  the  si^ven 
deacoas ;  and  even,  as  <>uo  of  the  said  dc^ocons, 
to  wit,  hol^   Suphen,  did  pray  for  those  who 


stoned  him  to  death;  so  dol,  lor  those  whe 
with  peiguries  spill  my  umocent  blood,  saying 
as  St.  Stephen  did,  O  Lord,  ky  not  this  am  X% 
them.  I  do  heartily  foigive  them,  and  aba 
the  judges,  who  (by  denying  nae  sufficient  tint 
to  bring  my  records  and  witnesses  from  Ire- 
land^ did  expose  my  lite  to  eridcut  danger.  1 
do  niao  ibrgive  all  'those  who  had  a  hand  in 
bringing  me  from  Irdand  to  be  tried  herv, 
where  iit  was  morally  impoasibk:  for  me  to  have 
a  fiur  trial.  I  do  finally  forgave  all  who-  di4 
concur,  directly  or  indirectly,  to  take  away  my 
Ufe,  and  I  adc  forgiyeness  of  all  those  wboml 
ever  offended  by  mougfat,  word,  or  deed. 

1  bcMech  the  all-powerfal,  that  hisdiviot 
nH^esty  grant  our  king,  queen,  and  Ae  daks 
of  York,  and  all  the  royal  family,  heahfa,  kin|f 
hfe  and  all  prosperi^  in  this  woiid,  and  in  lbs 
next  everlasting  felicity. 

Now  tliat  I  have  shewed  sufficiency  (as  I 
tliink)  how  innocent  I  am  of  any  plot  or  mb- 
spiracy,  I  would  1  were  able,  with  the  ** 
truth,  to  clearmyself  of  high  crimes 

against  the  divine  miyesty's  comi 

(ol\en  transgressed  by  me),  for  which  I  hi 
8orr\'  with  all  my  heart ;  and  if  1  slNMld,'Si 
could  live  a  thousand  years,  1  have  a  fini  it^ 
solution,  and  a  strong  poniaoe,  by  yoor  (im 
(O  my  God)  never  to  OTOnd  \-ou ;  and  I  boeech 
your  divme  majesty,  by  tue  merita  of  GUd 
and  by  the  intercession  of  his  blcased  ■•Aci 
and  all  the  holy  Angels  and  Saints,  to  IbifRi 
me  my  sins,  and  to  grant  my  sonl  eternal  mL 
'  Miscre  niei  Dens,  Sec.  Parae  aniras,  &c.  h 
manus  tuas,  ^c* 

P.  S.*  To  the  final  satisfactimi  of  all  panm, 
that  have  the  charity  to  lielieve  the  words  ef  i 
dying  man,  I  again  declare  before  God,  si  i 
\io\Hi  for  salvatiou,  what  is  contained  in  ifaii 
paper  is  the  plain  and  naked  truth  without  iqf 
etiuivocation,  mental  reservation,  or  secret  evs* 
siou  wliats4»ever ;  taking  the  words  in  tbor 
usual  sense  and  meaninof,  as  protcstants  diy 
when  they  discourse  with  all  candour  and  sbh 
cerity.  1\)  all  which  I  ha^e  liere subscribsl 
my  band.f  Ouver  Plunkit. 

*  According  to  Bulstrode,  Memoirs  SIS 
PhnU^ot,  ut  the  place  of  execution,  spcke  irfaM 
is  here  calle<1 1  Postscript,  concluding  at  tlie  woA 
*  candour  and  sincerity.' 

t  or  this  case  3Ir.  P'oxoliser^es  that  the  kiaf 
<*  even  afirr  the  dissolution  of  hisrlast  paifa 
ment,  uhen  ho  had  «o  far  ^iulMSuetl  his  mtmig 
as  to  benolon«r«*r  under  any  :ippix*hensiniisfiQfl 
them,  did  nm  think  it  worlh  while  tonve  tk 
hrent'PhiTiketlhe  popish  urehhisho|rof  Ani 
of  whoNi*  inno<rnco  no  donht  (^nild  beeni 
loIr.'Ml.  liui  this  is  not  to  be.  wondered  at, 
iii  :dl  transaetious  relative  to  the  |M)pish pl^ 
minds  of  SI  very  dilfeitnt  cast  fnmi  Cban^ 
hcraiiK'  a:;  hy  some  fatsility  divt'^trtl  of  al  tb^ 
wonttrd  sentiments  of  ju)»ticc  and  hnmamtj 
Vox's  Hist.  Jauic»  II. 


501]  STATE  TRIALS,  53  Charles  II.  l6Hl.— Trial  of  Sw  Miles  SiepUtoR.  [502 


279.  The  Trial  of  Sir  Miles  Stapleton,  bart.  at  York  Assizes, 
for  High  Treason :  33  Charles  II.  a.  d.   1681. 

Sir  Miles  Stapleton,  baronet,  was  indicted  at  suit  and  agree  to  contribute,  pny  and  ex- 
tlieiewions  of  Operand  Terminer  at  the  West  pend  divers  large  sums  of  moiiey  to  di- 
of  the  county  of  York,  and  the  indict-  vers  of  the  king's  subjects,  and  other  per- 
sons unknown,  tn  procure  those  persons  traitc- 
rousl}'  to  kill  our  said  lord  the  king,  and  to  in- 
troduce the  Romish  relimon  into  this  reahn, 
against  the  duty  of  his  allegiance,  agaii:«t  the 
jieace  of  our  said  lord  the  king,  his  crown  and 
dignit}',  and  against  the  form  of  the  statute  in 
such  case  made  and  provided." 

Clerk  rf  Assize.  Hold  up  thy  liand,  sir 
Miles,  thou  hast  heard  the  treasons  and  other 
misdemeanors  whereof  thou  staudest  indicted  : 
Art  thou  Guilty  thereof,  or  Not  Guilty  ? 

Sir  Miles,  Not  Guihy. 

CI.  of  Assize,  llow  ivilt  thou  be  tried  ? 

8ir  Miles.  By  God  and  my  counti-v. 

CI.  of  Assize.  Culpiet,  God  scndtlieea  good 
deliycrance. 

Clerk,  of'  Assize.  8ir  Miles,  this  understand 
you,  that  these  gentlemen  that  are  now  to  be 
sworn,  are  returned  by  thcsherifl'of  this  county 
to  pass  between  our  sovereign  lord  the  king  and 
you  for  your  lite  ;  therefore  if  you  will  clial- 
lenee  any  of  them,  you  arc  to  challenge  them 
as  they  come  to  be  sworn,  and  beiore  they  be 
sworn. 

The  Jury  being  caUod,  Mr.  Justice  Dolben 
took  notice  to  sir  Miles,  that  there  were  but  lew 
appeared,  and  therefore  told  him,  he  would  do 
well  not  to  challenge  too  nianv  of  them.  Sir 
Miles  thereupon  said,  he  shoufd  not  challenge 
many ;  and  cmjuircd  whether  thosc>  that  served 
on  tlif  lady  Tempest's,*  Mr.  Tli wing's,  ami  Mr. 
Inglcby's  juries  did  now  appear;  auiltlic  judge 
answered  him,  that  if  they  did,  care  should  be 
taken  that  they  should  not  bo  sworn. 

Then  the  Jur}'  being  called  to  the  book,  sir 
31  lies  challenged  these,  viz.  Sir  David  Fowles, 
bart.  John  Rstoit,  William  Bethel,  William 
Caley,  Towers  Driffeild,  Marra.  Trueman, 
John  Wright,  John  Green,  estpiires ;  Rob.  Bell, 
John  Dixon,  Thomas  Wood,  RobiTt  Turner, 


meot  was  removed  by  a  Writ  of  Certiorari  to  the 
Sjng's-bench,  where  sir  Miles  Stapleton  hav- 
ing been  arraigned,  and  pleaded  to  the  same 
Not  Guilty,  was  sent  down  to  be  tried  in  the 
eoanly  of  York.  The  Indictment  was  as  fol- 
kwett: 

»  Sir  Bfiles  Stapleton,  late  of  Carleton  in  the 
eoonty  of  York,  baronet,  stands  indicted,  for 
that  be,  as  a  false  traitor  against  our  illustrious 
lad  esceUcnt  prince,  king  Charles  the  second, 
Ui  natural  lord,  not  having  God  before  his  eyes, 
IV  weitfhing  the  duty  of  his  allegiance,  but 
\j  the  instigation  of  the  devil  being  mc»ved  and 
wkeeAf  the  cordial  love^  and  true,  due,  and  na- 
tmd  obtdieDce,  which  true  and  faithful  sub- 
oar  lord  the  king  should  bear  to  him, 
«f  n^t  are  bound  to  bear,  wholly  witli- 
If  devising,  and  witli  all  his  power  in- 
jlo  disturb  the  peace  and  common  tran- 
•f  this  realm,  and  to  bring  and  put  our 
aiil«d  the  king  to  death  and  final  destruction, 
-flrf  the  true  nvoTxhip  of  God  in  this  kingdom 
Ijliw  astablished  and  used,  toaher  to  the  sii- 
pmilioB  of  the  church  of  Rome,  and  to  move 
md  stir  up  war  against  our  said  lord  the  king 
■  temun,  and  to  subvert  the  government  of 
Ail  bogdom,  the  30th  day  of  May,  in  the 
SM  year  of  our  said  lord  the  king's  reign,  at 
ih  of  Barwick  in  Klmett  in  the  said 
of  York,  in  the  West- riding  of  the  same 
J,  with  divers  other  false  traitors  unknown 
Merously  compass,  imagine  and  intend, 
ttednth  and  final  destruction  of*  our  said  lortl 
and  to.  change  and  alter,  and  wholly  to 
'the  ancient  government  of  this  rc*alm, 
■rf  to  depose  and  wholly  to  deprive  the  king  of 
decrown  and  government  of  tlie  said  knigdom 
■rf  to  root  out  the  true   Protestant  religion  : 
iid  to   fulfil  and  accomplish  the  same  most 
vieked  treasoas,  and  traitiTous  unaginations 
■i  purposes,  the  said  sir  Mik*s  Stapleton,  and 
•Iher  false  traitors  unknown,  on  the  said  30th 
rf  May  in  the  Slst  year  aforesaid,  with  fonre 
■i  arms  at  the  parish  of  Barwick  afbressid, 
■iiiMuUy,  devilishi}',  maliciously  and  traite- 
Moriy,  did  assemble,  unite  and  gather  theni- 
■Nis  together,  and  tlicn  did  devilishly,  advi- 
■Ay,  nmlNrioiisly ,  craftily  and  traiterousiy,  ctm- 
■ll  and  agree,  to  bring  our  said  loni  the  king 
^  dmth  and  final  destruction,  and  to  depose 
ttideprive  him  of  the  crown  and  government, 
Wi  introduce  and  establish  the  religion  of  the 
itnish  church  in  this  resdm :  and  the  sooner 
bMftland  accomplish  the  said  most  kicked 
and  traiterous  imaginations  and  pur- 
the  said  sir  Miles  Stapleton  and  other 
traitori,  then  and  there  advisedly, 
and  tnitcsously,  did  further  con- 


John  Beckwitli,  Simon  ^Varrener,  Gervase 
Hatfield,  John  Coats,  gentlemen.  And  only  two 
oi'  the  jury  rttnmed,  viz.  Tho.  Fletcher,  Rob. 
Gudgeon,  were  sworn. 

Just.  Dolben.  Sir  Miles,  I  see  you  must  stay 
till  the  next  assizes,  for  you  eliallenge  so  many, 
here  will  not  be  a  jury  gotten. 

Sir  Miles.  If  your  lordship  please,  I  shall  be 
content,  and  do  desire  the  jury  may  be  called 
that  served  the  first  day  ;  nay,  uli  the  three 
juries,  if  you  please. 

Just.  Ijolbcn.  Tliat  is,  you  would  chusc  nil 
of  one  way,  and  leave  the  others ;  wh«Te  is  tlur 
indifferency  of  the  trial  then  ;  but  come,  euli 
them,  I  cannot  deny  it. 

The  three  Juries  called,  and  five  chalkMigeil, 


*  See  the  Note  to  Thwiug's  case,  vol.   7, 
p.  1169,  of  this  Collection. 


&U3]  STATE  TRIALS,  33CHABtK8lI.  iGSU'-Tirud  qf  Sir  MOu  Si^biM,  [104 


vi/.  Tlio.  Uoi-m-h  v,f*Mi.  SmiiiirlTifniuint,  R«- 
lint  liimlii-l,  |{ii((rrStni\\f'l,  (^'iits.  lio<;crIjCC, 
i'«i|.  AimI  iIicm*  Kwiirii,  vix.  Sir  Tlio.  Ft* niiy- 
hiuii,l)iirl.  TliimiHH  l((»kily,  i-sii.  William  Stone, 
'riiiiiiiUN  roiiycrN,  ( 'lirisUijilicr  Tniikarf],  esq. 
wliii  MiiN  I  All  I  (till  ii«;:iiiiNl  by  Kir  Tliomas 
Stiiiiin'r,  us  oni'  llial  ilisi»uru;;c«l  the  ovideiicG  oi' 
till*  I  not,  iiiitl  ciillfd  liiH  (lf)^K  liy  the  names  of 
llnii^N  mill  IMIiH*;  wliirli  t\w  jufljijos  aUowmI 
lo  Iw  II  {;.iih1  c\rr|iliiiii ;  but  there  lieintf  uo  wit- 
ik*N<i  ill  Ihtt  I'oiiii  Id  priitr  it,  he  wuh  sworn. 

JiiNt.  IhlfiU,  Sir  KliU'N,  j^oii  nuist  stay  till 
the  iirxl  nNsi/iv.,  we  luivi-  uot  u  full  jury. 

Sir  Mitts,  lli'iv  jirtr  );t>nilriiii>ii  in  the  court, 
3*mir  loiiUhij)  iiiu>  lake  whoiu  yuii  pipage. 

JuM.  l)o{h,:i.  I  euniiot  «lo*  it  uithmit  the 
kiii^V  fviiiiiM'l  ii)ovi>  for  n  TaU-s,  which  as  this 
c*UM<  KliUiiU  ihiv  wiU  not  «!(>. 

■\uil  so  hr  ^«  ii>  rruiiiuU  il  to  prisoUi  and  '  H«> 
'  iiiaiu'i  iitMiMivtu  Jiirutorunr  iiiilil  the  ];Mh 
«l:t\  of  JuU,  IctU.  And  at  tlie  ashixeb  tlMMi 
hoklen  for  ilu- 1  oiini)  of  N  ork,  kion*  Mr.  Jusi. 
IKiHicHu  and  Mr.  Ihirou  ttrevf»»rY,  was  |»rt»ci>cd- 
ed  a^iiM  as  fallow  t^li : 

(*,irA  ,;'■  .l>.;:» .  Sir  .^!iU>  SiapK^on,  hold  ii|) 
•^>  hand  ;  thou  MantU-si  indiiitnl  by  tin*  naiuo 
ot  lliles  Sbtjih  ion.  lau-  of  i'aiU  ion  in  tlu- ix>uiiiy 
ttf  York.  hail.  \k\  .    . .,;  'v.\  Ou-  Indictiiuui. 

\Aer  Noi  tiiii'.u  (ik^dtd  Co  ilu-  indit  imeMi, 

ainl  oOifi  t'oraulii.ix  oi  ihc  i'oun,  asUioix-. 

ih«^»  i^vntW iiu'.i  follow iPij  witv  o*dU^I.      Nr 

lnom:i»  )lri'. »» :\:.  ki  \'ii.iV.»:xi;iMb\  iju  kihs^'s 

*v.«v>i^     >:  K.;^,;  i;ivk«  .:\  ki  \*lulK"iu:td 

•  •  ■*  •  A  *  * •  .■  ^ .  ....* :  ^ .  .; 


.  -•■.    .■».  .     . 


»•  ..    -• ...  •• 


•*   ....  *     .'...>■  >..;.  ••  k"w» ■,"><■  \»,.\ 


A  .  *     ...  %     *  ;  ; 


.<; 


».'»»       >.. 


hath  put  himself  upon  his  countryi  which  coun- 
tryyou  are,  *.>tc. 

'Tiien  prochunation  was  made  for  eridcBCC^ 
and  sir  Thorn  as  StriiifFer,one  of  the  kill's  coan- 
sel,  agmvated  the  Indictineot,  an  foUoweth : 

Sii'  MiU's  SlapUton.  I  denre,  my  kwd,  the 
king*s  evidence  may  be  put  ajMrt,  not  to  bear 
what  ctieh  oth^  swears. 

Just.  DoiUn,  No,  uo,  sir  Milea»  that  wml 
not  be,  would  you  have  the  same  for  your  wit- 
nesses? 

Sir  Tkomai  Stringit:  9Iay  it  pleaae  your 
lordship,  and  you  ((imtleineD  of  the  jury :  Sir 
Miles,  the  prisoner  at  the  bar,  atanda  hcte  in- 
dicted of  the  pt*atest  and  blackest  treasons  thtt 
ran  be  invented  by  tlie  worst  of  lueu ;  he  stands 
here  indicted  for  endeavouring  to  depoae  tht 
kini;  fiHtm  his  crown  and  dipiity  ;  and  inagin- 
iu^  ami  coni))assinfc  the  death  of  the  king,  to 
alter  tiie  established  gevemmcut,  and  root  out 
the  tini*  rrotestant  reli;;ion,  and  to  cstaUish  the 
,  Riuui^u  religion  among  w.  Gentlemen,  to 
{ ixnupo^s  these  wicked  desiguswe  shaOproina 
i  tliovt*  hath  been  s«  veral  con&ulls  where  the  pb- 
M»iier  *t  the  bar  hath  been*  and  where  he  itk 
rtintrihuted  money  to  carry  on  these  vickli 
i!t>iifu»:  ami  srent'Wuien,  I  must  ooquaimyMi 
:lu  .V  haih  U-ea  a  honid  Pkit  agaiwt  the  wmg 
and  uv^  emmeuT.  and  1  need  not  do  it,  for  it  ^2 
>  bvx^u  uu'Ie  notoriously  known;  not  oalypi^ 
L.»iiu-:-!>  l*.\te  d^-lax^f  il  «o.  but  Uieie  havaiMB 
r.^lkvuien.  gvoikftieo,  and  prints,  nay,  am 
;iM.-u  iiMt  Uca  :V*iud2piik)  ibr  carrying  in  tka 
■i.^-T.i  dt^^  ..  Ao«i  ha%e  rvueivc*!  their  descnk 
i.  >  r..'..  .^r.i  r'T'. :..  s$  iio  nrw  l^u  doI  a 
r  :  «  :  ..  .-> .  .  •  ..••.  .-.:.  i^t  :  bii!  :»  VUn  thsi 
Y  •  ■  »^r  .:  V   -r.te    n  :.■:  z:\  Lusjurvti  \car».  My 


: ..-.   t 


.  •:  •»-. 


X  ■.  •  •      .  \    • 


-.^ 


v!.  ... 


V  '. 


.  V 


•       V 


■•  >!. 


I.- 


•■•  -.. 


•'..'.    .^       N.. 


I    % 


■».v 


.  .  '  «  ih 


f  ■ 


-     J. 


•i, 


.  .X.-:  r>  .-..  i*^-  ^^^^ul9,  the 
:^K    \'     .-A   ;«"TsinriBn, 

_  T.*.  ■: ■'.  iv  r.;u». .  ar«d  ner 

i_— Tb  ^c  :':  5*  »Hkc<iile- 

-•   -fr  \  ..^:  *i^«  -.  if  »f  had 

'      ^•*. . .  :.-.«j-  i^n^K  :••  xlom, 

.•  -:■•        Kz-'  \  •  ti .  srtiile- 

.<  :  ■    \    ^.  :!:.*  I'k/i  was 

•-.■    :  ..:»>.  i  >   :j  -  :    ad«J  m 

'•  ..  .-.i--- .    I.  ■  n  .-  -'S-.^ij.  y^Sk 

:'  ''  i  •.u.'.Kji   z  ^'•^        The 

•      :  *•  •.  »  L»  -ll-c'Tt?»i      .1*1 

.^.  .     :.•:■:  -■:  :^.  ^^llI!^  .^lU- 

«i      :•  I.    ^.i ■  i    _.  •  ►rvr*" 

.h  VL    '  \*i-  :•    *r  u»nt  lo 
■  it.-sii,'-   iti*i*t  .«  VkU-^'bty 


•4 


.    «       ^ 


'I 


•  :i- 


»       !    •*     .    ,.l 


^^.  ••I. 

lit 


»»   4'^     I 


-  '  ■     u.  \  ■!•  •••    .-1   'k  ji  iv 

il  •        t         iiii.    *_  —     .••  {.MW 


STATE  TRIALS,  33  Chaeles  H.  iGSl^for  High  TVedaou.  [506 

1  came  to  the  English  college,  ray  lord,  I  was 
infonned  of  one  Father  Andertoo,  rector  of 
that  college,  and  Father  Moiidford,  who  told 
me,  tliat  by  means  of  this  cardinal  Nor* 
folk  they  did  not  doubt  but  to  take  the  kin(^ 
out  of  the  way;  &nd  that  they  would. gite 
r.H*  ail  privileges  that  could  be  for  a  young 
man  in  ttiat  time.  \\  hou  I  was  coming  away, 
my  lord,  from  Rome,  and  had  my  letters 
emissaries,  by  cardinal  Perorin  (he  sent  forme 
when  I  was  coming  away,  and  as  is  usually 
done  to  all  scholars,  and  they  kiss  the  po|>c's 
toe,  and  he  gives  them  his  tdessing  and  parti- 
cular indulgence  ;  which  I  had  when  1  came 
into  Kni^land)  said  he  to  me,  there  is  one  man 
in  tliu  way  who  hath  made  us  fair  promises, 
but  will  perform  n<ithing,  therefore  we  most 
take  him  out  of  the  way,  and  that  1  might  U' 
instnimental  in  the  design  ;  with  this,  my  loni, 
I  took  leave  of  tlie  college,  and  we  came  fii-e 
Into  England  as  priests,  and  T  made  my  appli  - 
eatiou  to  the  areh-priest,  which  was  in  Lonilou, 
one  Purrat,  and  I  was  employed  a  long  lime 
by  hun  in  England ;  but  proclamations  cooiin^r 
foilh  tiir  the  apprehending  popish  priests,  I  waii 
constantly  nft»>r  at  the  Portugal  embassador's 
chap<;l,  where  this  l\irrat  hail  a  chamber, 
wherein  I  discoursed  with  several  of  tlK'  ek'ri£  y 
in  England,  who  said  they  doubted  r.ot  biit 
]iopery  would  soon  be  settled  in  England.  I 
came*aftei'  that  to  live  at  one  Mr.  Jennison's 
house,  where  the  clci^y  had  several  nieetingic, 
and  we  were  all  of  opinion  tliat  course  wouldlie 
taken  with  the  king,  unless  he  brought  in  |io- 
pery.  And  this,  my  lords,  is  all  I  can  say  in 
general. 

Just.  Doibctt.  Do  you  know  of  anv  con- 
spiracy in  Yorkshire? 

S/nith.  My  lord,  I  am  i*ommg  to  that.  When, 
I  came  to  Mr.  Jennison's  house,  there  was  unc 
Mr.  Thwing,  a  priest,  who  has  suflercd  a-  a 
conspirator,  he  \^as  well  aetpiaintcd  in  ihc 
house  before  1  came  there,  and  did  very  much 
to  ]>crsua(k^  me  that  1  would  intrcat  Mr.  Jen- 
nison  to  send  his  daughters  to  a  place  called 
Dolebank,  where  a  nunnery'  was  to  be  erected, 
aud  I  knew  several  that  were  there,  'fhis  Mr. 
Thwing  came  to  me  otlentune^  and  several 
priestN  in  this  city,  and  they  all  pressed  me  to 
It,  but  I  was  against  it,  knowing  what  their 
design  Mas. 

Just.  Dolbfu.  But  do  you  know  any  thing 
against  the  priscmer  ? 

Smith,  All  that  1  can  say  to  the  gentleman  at 
the  bar,  is  this  :  I  never  saw  him  Kirfore  to  my 
knowledge  ;  but  Mr.  Thwing,  when  ^\-c  were 
at  Mr.  Jeiuiison's,  and  discoursing  of  the  Plot, 
asked  me  how  they  gave  money  in  the  Bi» 
shoprick,  I  told  him  some  gave  more,  some  less. 

Just.  Dolbcn,  IVhat  were  those  Collections 
for? 

Smith,  My  lord,  it  went  among  ourselves 
under  the  notion  of  killing  the  king,  and  root- 
ing out  the  l^rotestant  religion  ;  but  we  gave 
it  out  that  it  was  repairing  a  collegv  at  l)ow:iy, 
which,  if  gi-anted,  had  been  penal  by  law. 
Then  I  asked  him,  how  doth  tne  collections  go 


I05J 

9f  that  gracious  king,  and  the  sad  effects  of  a 

civil  war ;   and  they  liave  brought  it  in  these 

days  to  niae  officers,  generals,  major  generals, 

and  other  officen,  and  proceeded  so  far  that  ac- 

tnal  coinauMfiioD  was  delivered  for  destroying 

flar  king,  and  if  this  had  not  been  by  God's 

Bwrcy  prevented,  what  would  have  been  the 

evil  Elects  thereof,  ere  this  day  ?   And,  gentle- 

Biea,  1  oiust  tell  ^ou,  that  which  is  now  before 

jiou  is  the  greatest,  and  nMwt  wicked  dtisign  tlkat 

cVer  was  .before  men ;  and  though  you  be  of  the 

relations  and  kindred,  yet  f  know  if  you  have 

kit  conscience  and  right  in  you,  you  will  give 

a  verdict  aocordiiig  to  the  justness  of  the  thing, 

and  the  evidence  you  shall  have. 

^T  John  Cktwilk.  We  caU  Mr.  Smith  first, 
who  will  give  you  an  account  of  the  plot  in 
IjeiieraJ. 

Mr.  John  Smith  called  and  swoni. 

Just.  Do/bett,  Mr.  Smith,  pray  tell  the  court 
what  ^ou  know  of  the  plot. 

Snuth.  I  must  speak  of  it  then  what  I  have 
done  beyond  sea,  my  lord.    My  lonls,  1  re- 
member when  1  had  been  first  beyond  sea,  1  be- 
came acquainted  with  one  abbot  Montagu  uiid 
Mr.  Thomas  Car,  at  Paris,  and  they  told  me 
then,  if  I  came  to  the  Romish  religion  what 
yrefemient  I  shouki  have  here  ui  i'lngland  ; 
they  told  me  what  friends  they  made  in  Kng- 
kod,  tiiey   iiatneil  several  ]>er8ons  aliout  the 
court,  aud  .several  gentry  in  England  which  I 
did  DOC  then  know  to  be  {Kipists.     i  staid  some 
time  amon^  them  in  Paris,  and  all  this  wiiile  1 
did  wit  pervert  to  the  Rimilsh  religion  ;  though 
tWy  told  me  how  many  .fesuits  tl.ey  had  sent 
over  into  £ugtand.     Atier  I  left  Prance  1  was 
givif  far  Rome,  where  I  luet  with  Fatliei*  An- 
oKlm,  rector  of  the    English    college,    and 
Fadicr  Bauthwel,  and  father  Campion,  who  in- 
trodoeed  mt:  into  the  aerjiinintauee  of  cardinal 
OrimahN,  Ifi'hich  is  an  Italian  name,  but   he  is 
ardhbadiop  of  that  place  ;  I  happening  there, 
Ihev  earried  me  to  speak  to  the  (cardinal,  and  he 
totfoui  wliat  likelilioo<l  there  was  for  intro- 
dodnff  the  Romish  retif^non  into  England,  and 
heu^  me,  he  would  prefer  me  very  well  there, 
if  I  would  turn  to  their  religion  ;  and  gave  me 
kiters  to  aeveral  triends  in  Italy  :  At  la^^t  i  was 
perverted  to  the  Romlsli  religion,  by  virtue  of 
this  cardinal ;  and  this  gentleman  at  last  .'Lsked 
Bie  if  1  had  a  mind  to  sutdy,  1  told  him  }  es,  so 
I  came  into  an  Italian  college,  and  beennic  ac- 
quainted with  all  the  sec.Iar  nriests,  both  Eng- 
mk,  Scotch,  and  Frc^nch  ;  wno  told    me  what 
interest  they   had  made  in  England,   during 
the  cominff  in  of  cardinal  Norfolk,   and  said, 
there  was  but  one  man  in  the  ii'ay,  meaning  the 
luDg^  and  sakl  they  should  soon  remm-ehim. 
Jiut.  Dafben,  f>id  they  mean  the  king? 
Smith,  Yes,  my  loni,  they  said  tlierc  was 
hut  one  man  in  the  way,  and  that  they  woidd 
soon   make  an  end  of  fiim,  and  that  itiey  had 
gneh  ready  in  Enn^laniTfbr  it.     AfWr  this,  my 
Jord,  1  left  this  IfiUian  college,  and  came  to  tli<.> 
fnj^Jisb  cxdfegc  (for  I  had  a  mind  to  iHiiiie 
jjierif)  and  I  nuide  friends  with  the  Jesuits  :  Alier 


507]   STATE  TRIALS,  33  Cha&les  II.  l6&U^Trial  of  Sir  MUu  Siaplelon,  [508 

among  you  in  Yorkshire,  Some,  saith  he,  give    they  would  serve  liim  as  they  would  aerre  his 

freely ;  but,  saith  he,  my  uncle  and  his  friends 

are  engaged  another  way  ;  tor,  saith  he,  they 

are  going  to  make  a  rounder  for  Dolehank ; 

seFeral  persons  he  named,  among  which  he 

named  tnis  ffentlemau. 

Just.  DoTben.  >Vhat  said  he  of  sir  Miles  P 

Smith,  He  said  sir  Miles  was  very  zealous 
for  promoting  the  Ilouian  Catholic  religion, 
and  had  contnbuted  largely  lor  the  introducing 
of  it  into  England. 

Baron  Gregory.  You  say  that  amongst 
yourselves  you  gave  it  out,  that  the  money  tnat 
Vf9S  raised  was  tor  the  killing  of  the  king,  and 
rooting  out  the  Protestant  religion  ;  pray,  by 
what  way  and  means  was  it  to  be  done,'  was 
that  ever  discoursed  among  any  of  you  ;  was  it 
for  raising  of  an  army  ?  or  what  was  it  tor  ? 

Smith.  Whcrevtr  1  was,  my  lord,  il  was  re- 
solved, that  that  v  as  the  most  cfl'ectuul  means 
for  the  introducing  of  |K>pery. 

Mr.  Robert  Bofivn  called  and  sworn. 

Sir  Thomas  Strinurr'  Mr.  Bnlron,  anjnaint 
my  lords  and  the  Jury,  what  you  know  of  sir 
.Miles  Stapleton. 

Boiron.  May  it  please  your  lordship,  I  came 
to  live  with  sir  Thomas  <iascoigne  in  1674,  as 
steward  of  his  coal-works  ;  and  was  then  a 
Protestant,  but  was  |)ersuaded  by  Mr.  Rushton, 
sir  lliomas,  and  others,  to  turn  Roman  Ca- 
tholic ;  when  I  had  turned  Roman  Catholic, 
about  1676,  they  (*ame  and  asked  iiic,  what  1 
Mould  do  for  the  Romish  religion,  if  it  should 
rnmcto  it ;  I  told  tliein,  I  would  venture  my 
life  in  that  can<?i',  :ind  ilien  1  went  to  Harmbow- 
llall,  where  T  toOk  the  oath  of  hwreoy  ;  after 
that  I  went  to  Bavinbow-IIull,  where  sir  3jiles 
Stanleton  was  at  a  eonsult  in  1077. 

Just.  Dolbcn.  At  Mhat  lime  in  1()77  ? 

Holron,  It  was  about  Whitsuntide,  my 
lord. 

Just.  Dolhtti.  Tliat  vas  the  Whitsuntide 
uIUt  you  had  taken  the  oath  of  secrecy  ? 

Bo/ron,  Yes,  my  lonl. 

.hist.  Dolbni.  U  ho  was  there? 

Biilrou.  ^^ir  iMiles  Stapleton,  sir  Tho.  Cjik- 
coigne,  31r.  (Jascoigne  his  son,  my  lady  Tem- 
pest, lawyer  Ingleby,  Mr.  Thwinj;,  father 
Rusliton,  and  several  (Uliers. 

Baron  Grciiorj/.  What  was  thei*e  done  at 
that  consult  ? 

Bolroji.  My  lonl,  the  consult  was  about  kill- 
ing the  king,  and  establishing  a  nunnery-  at 
Dolehank,  near  Ripley  :  sir  Tho.  Gasciugue 
ga\e  00/.  \ter  ann.  an«l  'M)Ol.  ihv  killing  the 
king;  and  I  ri'inember  \ery  well,  Pickering 
was  mentioned  about  killing  the  king ;  and 
thry  asked  sir  Miles  Stapltton  what  he  would 
gi\ei'  and  be  said,  \HJO/.  for  killinuf  the  king. 

•hist.  Dollr/i.  Are  u>*i  sure  that  in  tin*  iii-e- 
MMice  of  sir  l^liles  Stapleton  it  witi  resolved  the 
king  should  be  killed  ? 

Dolron.  Yes,  my  lonl,  it  was  resolved  Iwitli 
by  him  and  all  otliers,  that  the  king  should  l)e 
kdled  :  and.  my  lord,  1  heard  thcin  further 
wiy,  U  the  duke  of  York  did  not  please,  that 


they  would  serve  liim  as  they  would  aer^ 
brother. 

Baron  Gregory.  Who  said  these  latter 
words  ? 

Bolron.  Sherby  of  Stone-house  said  these 
latter  words,  and  Mr.  Sherebum  said 

Justice  Dolben,  No  matter  what  Mr.  Shere- 
bum said.    What  said  sir  Miles  ? 

Bolron.  The  gentlemen  said,  that  air  Miles 
should  be  a  piivy  counsellor,  and  that  tbcy 
would  procure  the'dukc*8  consent  to  it. 

Just.  Dolben.  Is  that  all  ? 

Bolron,  My  lord,  I  was  further  at  a  coosoh 
in  1678,  about  the  13  or  Uth  of  June. 

Baron  Gregory.  What  time  was  that? 

Bolron.  The  ISth  day  of  June  1678,  and 
there  it  was  agreed  upon  the  taking  of  Hull, 
the  letting  in  of  the  French  there,  as  tlie  fittot 
pbicc  for  the  French  to  land  at. 

Just.  Dolbeti.  W'here  «us  this  ? 

Bolron.  At  Barmlww ;  and  likewise  they 
did  discourse,  that  my  kird  Bellasis  had  causal 
the  block- houses  to  l>e  almost  ruined,  that  the 
French  might  more  easily  come  in  ;  and  we 
had  all  pardons  for  our  sins. 

Mr.  Lawrence  Moirbray  called  and  swora. 

Sir  Tho.  Stringer,  Mr.  Mowbray,  teUiBV 
lords  and  the  jury  what  you  know  agatnit  ar 
Miles  Stapleton,  the  prisoner  at  the  bar. 

Mimbray.  My  lords,  you  have  heard  whit 
Air.  Smith  and  i\lr.  liolron  say  to  the  Flat  in 
general ;  what  I  say  shall  be  very  brief,  in  ra- 
lation  to  xir  Miles  Stapleton,  and  no  fortbcr. 
j  Sir  Miles  Stapleton  \muix  i»re«ent  with  sir  Tho. 
(jJascoigne,  my  buly  Tempest,  esquire  Gii- 
eoigne,  and  several  otluTS,  they  held  se\enl 
iliseoursi^  eouceniing  a  design  of  killing  the 
king,  subverting  the  govemnient,  and  bringing 
iu  popery,  and  aceonlingly  they  would  lire 
Ijondon. 

Ilaron  Gir;j.K>n/.  W  lien  was  this  ? 

Jlou'hray.  This  w  us  in  j676,  where  father 
Rusliton  gave  him  uii  oath  of  secrecy,  and  be 
promised  to  l>c  true  to  the  design,  and  wihiM 
venture  Iiis  life  and  estate  for  the  promoting  M» 
good  a  cause. 

Just.  JJulhin.  Did  >ou  he<!r  sir  Miles  8ia- 
]vleioii  siiy  he  w(»uld  adventure  his  life  and 
estate  for  killing  of  the  king  ? 

j\itm  bmi/.  \  es,  my  l<n-d. 

Just.  Dolben.  Ami ^v as  it  resolved  ai  thai 
consult!* — Monbiuif.  Yes,  my  lonl. 

Just.  Doibitt.  And  he  e<msented  to  it  ? 

.Mou'brcii.  Yes,  my  loid.  aiul  took  the  oatb 
of  stiereev  t'mm  father  Rushton. 

Just,  ho/bni.  This  is  not  the  time  tliai  Mr- 
Bolron  s|K.niks  ot*. 

Moiibnn/.  No,  my  lord,  he  s|»eaks  of  167^ 
and  1078.  this  was  in  itiTH. 

holron.  I  ha\eseenin  l()7j  a  collusive  foq- 
"\e\auei"of  sir  Milc*s  Stapleton's  estate  to  *' 
Jolin  l)aiie\. 

Just.  Dolbcii.  Where  did  you  s«t»  it  ? 

Bolron.  I  did  set^  it  at  sir  Thomas  ^s^ 
brongh's,  and  he  asking  me  when  sir  iliksSia' 
pletou  was  at  sir  'f  ho.  Gascoigne^s  }  v»J  ^ 


5091  STATE  TRIALS,  33  Charles  II.  l6si^for  High  Treaton. 


[ 


510 


pictse  jfnoa,  Slid  I,  I  can  tell  you  somethiDgr 
where  you  *are  concenied  with  sir  Miles  Sta- 
pletoii ;  as  soon  as  he  heard  that  he  Mushed, 
and  away  he  weut,  and  would  hear  no  further. 

Sir  T9ui.  Stringer.  What  say  you,  Mr. 
Mowbnr^,  of  an  indulgenecyou  hadr 

Moaehray.  Yes,  my  lord,  I  bad  an  indul- 
gence. 

Just.  Dolben.  Was  it  for  the  time  to  come, 
or  the  time  past  f 

Mowhray.  It  was  for  the  time  past ;  for  I 
wts  to  enter  into  the  rosary. 

Sb  Ih},  Stringer,  Did  you  ever  attend 
Rnshtou  at  the  alUur  P 

Mowbray.  Yes,  I  did. 

Just  Dolben.  Mr.  Bolron,  you  say,  you  saw 
i  collusive  conveyance  made  oy  sir  Mdes  Sta- 
nleton  to  air  John  Dancy  ;  pray,  what  was  the 
forfeiture  of  it? 

Belnn.  It  was 

-  Just  Dolben.  Was  it  »r  Tfao.  Yarbrough, 
or  sir  JiAn  Daney ,  you  told  of  it  ? 

Bo/itm.  I  told  It  to*  sir  John  Daney. 

Mombray,  I  drew  a  copy  of  that  x&y  con« 
reyance. 

nr  The  Stringer.  Truly,  my  lord,  we  want 
Mrs.  Bolron,  one  of  the  most  material  evi- 
denees  agaimrt  sir  Miles,  being  sick  at  London. 

Mr.  Bayne$  called  and  sworn. 

Sir  Tho.  Stringer.  Come,  Mr.  Baynes,  de- 
direto  the  Court  what  you  know  against  sir 
Miles. 

fiflMnec.  I  know  nothing  against  Mr.  Miles, 
only  I  have  seen   him  at  Barmbow-Hall  in 

len. 

Kr  T.  String.  Pray  tell  us  this,  whether  you 
qfcscfwal,  in  tl^  year  1676,  sir  Miles  Stapleton 
coneti  several  meetings  with  sir  Tho.  Gas- 
oovK,  and  my  lady  Tempest,  and  others  ? 

S^ymn.  Yes,  my  lord,  1  have. 

Just  Dolben.  But  do  you  know  what  dis- 
Mone  they  had  ? 

B&ynei.  No,  my  lord;  but  I  remember 
we  were  once  discoursing  about  some  nuns 
beyond  aea,  and  they  were  called  gaUoping 
Bans. 

Justice  Dolben.  They  were  gallopers,  in- 
deed. 

Just.  Dolben.  Sir  Miles,  yon  have  heard  what 
hath  been  proved  against  you — 

Sir  Miles.  My  lord,  there  is  nothing  of  truth 
in  it  at  all ;  I  hope  to  make  it  appear  to  your 
lordship.  I  caU  God  to  witness  1  am  as  inno- 
cent ofwhat  they  say,  as  any  child  unborn. 

Just.  Dolben.'ThtLt  is  an  easy  thing  to  say. 

Sir  Milet.  1  hope  to  make  it  appear  to  your 
lordship.  Will  your  lordship  please  to  give 
Be  leave  to  ask  the  witnesses  some  questioisi  ? 

Just  Dolben.  That  you  may  have  allowance 
in. 

Sir  3/if/ffs.  Then  I  desire  to  ask  Bolron  this 
<|fiestion ;  did  you  accuse  me  in  your  informa- 
tion to  justice  Lowder  ? 

Bolron.  No,  my  lord,  I  did  not. 

Sir  MUes.  Did  I,  or  any  other,  dasirt  you  to 
korp  any  tacril  for  ma  ? 


Bolron.  Yes,  my  lord,  I  have  been  desired. 

Just.  Dolben.  But  did  sir  Miles  ever  desire 
you? 

Bolron.  No,  my  lord,  he  did  not,  but  Rush- 
ton  did,  when  1  was  introduced  by  the  priests 
to  the  consult. 

Sir  Miles.  Did  you  and  Mowbray  know  that 
each  other  was  concerned  in  the  plot  ? 

Bolron.  Yes,  i|e  did. 

Sir  Miles.  Name  tlie  persons  tliat  were  pre- 
sent at  the  consult. 

Bolron.  There  was  sir  Tho.  Gascoigne,  my 
lady  Tempest,  esquire  Gascoi|^e,  Mr.  Ingld^, 
Mr.  Thwing,  Mr.  Rushton,  Mr.  Addison,  Mr. 
Metcalf,  and  several  others. 

Sir  Miles.  How  long  did  the  consult  last? 

Bolron.   Some  six  or  seven  hours. 

Sir  Miles.  What  servants  were  there  ? 

Bolron.  I  took  no  notice  of  the  ser^'ants. 

Sir  Miles.  What  room  was  it  in  ? 

Bolron.  In  the  old  dinine  room. 

Sir  Miles.  How  k>ng  did  it  last  ? 

Just.  Dolben.  Six  or  seren  hours  he  teUs 
you. 

Sir  Miles.  Was  there  any  other  at  sir  Tho. 
Gascoigne's  ? 

Bolron.  None  else  that  I  can  remember. 

Sir  Miles.  Upon  what  occasion  did  he  men- 
tion Mowbray  in  his  information  to  the  council  ? 

Just.  Dolben.  There  hath  no  information  to 
the  couhcil  been  mentioned  here. 

Sir  Miles.  Pnty  what  was  the  occasion  you 
were  turned  out  of  sir  T.  Gaaooigne's  service  ? 

Bolron.  My  lord,  I  know  not ;  they  say 
it  was  about  a  trunk:  sir  T.  Gasooigne  sent 
him  to  York,  and  he  was  to  come  again.  I 
know  there  was  a  design  to  take  away  Mow- 
bray's life  ;  but  I  ne^-er  told  him  so  much ;  and 
my  lady  accused  him  for  a  ring ;  1  never  durst 
tell  him  this,  but  this  was  the  thing  contrived 
against  him  to  take  away  his  life ;  I  can  make 
it  appear  where  he  bought  the  ring. 

Just.  Dolben,  What  teilest  thou  us  of  a  ring  T 
Can'st  thou  not  as  well  tell  us  it  was  for  that  he 
k'ii  sir  T.  Gascoigne's  service. 

SirAfi/ef.  When  did  you  first  become  a 
Protestant? 

Mcwbray.  When  I  made  my  first  informa* 

tiOD. 

Bar.  Gregory.  When  was  that? 

Mowbray.  That  was  in  1679,  and  a  little 
before  that  1  kept  correspondence  with  Father 
Adilison. 

Sir  Miles.  I  desire  to  know  whether  he  saw 
a  list  of  names  ? 

Mowbray.  Yes,  I  did. 

Hit  Mila.  Whose  names  were  there? 

Mowbray.  There  was  your  name  for  one, 
and  sir  T.  Gascoigne's. 

Sir  Miles.  ^Vhat  was  it  for  ? 

Mowbray.  It  was  a  list  of  those  ihat  were 
actors  and  contributors  for  killing  the  king. 

Just  Dolben.  You  ieure  sure  sir  Miles  Staple- 
ton's  name  was  in  the  list  ? 

Mowbray.  Yes,  my  lord,  I  am. 

Jusf .  Dhlben.  Was  it  parchment  or  paper  ? 

Mowbray,  No.  my  lord,  it  was  paper. 


9U]  STAT£  TRIALS,  33  Chablks  II.  l6^\.^Jr%al»f  ^  Mik$Sitfkt<m,  [513 

Just.  Dolben.  Were  you  to  aenst  in  killing 
tholdngr  ' 

Motrbrai/.    My  lord,  I  was  to  be  an  actor  id 


kiDiugthekinr. 

Sir  JMUts.  fVhedier  diil  I,  or  any  oUicr  de- 
sire yon  to  keen  any  secret  for  tne  ? 

monkruy.  Yes,  Father  Rnsbton  did. 

S^ir  Mifet.  Did  1  e\er  do  it  ? 

Mtnebray.  \o,  sir  Miles,  ypu  never  did. 

Sir  Miicsu  Did  any  body  dse  desire  you  P 

Just.  Dt}tb.  Father  Kushton,  he  telb  you,  did. 

Sir  Miles,  Was  the  diMCOurse  so  loud  that  sir 
Oascoiirne  could  hear  it  ? 


Monk.  Sir  TCouias  could  hear  wdl  enough  j 
when  he  would. 

Sir  Miles,  Was  it  in  t<370  that  you  discover- 
•d  the  plot  ? 

Bofron.  Yes ;  I  went  to  London,  and  there 
discovered  the  plot  in  107P,  I  think  it  was. 

Sir  Miles,  \  ou  said,  I  was  not  concerned, 
you  only  acc*.ised  sir  Thomas  Gascoigne  and 
some  otliers  in  your  information  ;  but  did  not 
name  me. 

Justice  Dolben.  Did  he  so  ?  you  may  prove 
that  upon  him. 

Sir  AfiVet.  It  vi-as  so  in  his  information,  my 
lord. 

Justioe  Doiben.  Well,  then  let  it  be  so.  Call 
\'Our  witnesses. 

Mr.  Loader  called  and  exaniimid. 

Sir  MUes.  I  desire  3Ir.  Ijowdcr  to  ac^quaiiit 
vour  lordships  and  the  jiiry,  ^vliut  was  in  the 
fnformation  Mr.  Bulroii  gu\V  in.  whether  he  ac- 
cused me  or  nu. 

Mr.  Tjphder.  All  1  kmnv  of  ii  is,  that  in 
January  1679.  on  Sundav  evcuinv:.  ns  1  liiink,  [ 
about  the  "^itli  day  of  the  mouth.  Wolicrt  Bui-  . 
roo  came  to  uu*.  and  told  nw  \iv  Imd  vomotliiriir 
of  secrecy  to  impart  to  nie.  and  1  askcii  him  it' 
he  would Vo  i"^*^  ibp  hoiwi-  with  me  :  lie  \o]*\ 
nie  it  Mas  a  matter  of  higii-treawn ;  1  askrii 
who  was  concenud,  ho  aiiswcreiK  sir  Thtima-*  , 
Gnscoipie,  and  scleral  oibirs :  Tlini  1  onli-r- 
eil  mv  rlerk  to  brin<jr  a  hible,  and  poii  niid  ir.k 
to  take  his  iidonnatum.  I  dtsiixii  lnm  to  l^' 
ven  cautious,  ttlliiiv:'  iiiin,  that  scvrral  li\ts 
were  at  stake:  At  that  iie  iici^un  to  Iv  teartui 
and  chani^f.l  coloiir :  1  usk<.tt  him  tor  Mh:it 
cause  thill  faar  Mas  :  ho  said,  it' it  wno  ii[»«>a 
mv  conscience,  that  ua^  u]u»ii  liis.  fi»r  ci«;.- 
c«!iiini^  it  so  lonvr.  I  should  bo  h<  tcartui  :)s  ho. 
1  bid  him  scriou^!\  oousidor  ^Wia:  lu>  luul  lo 
say  ;  he  thon  said,  he  bad  deliverod  h:<  iiif.'i  - 
niation  to  Mv.  Tiiulal.  W\\\.  tlien,  saii!  1. 
\\h\  is  it  \ou  ooiiir  to  mo  '  Said  I.  Mr.  Tmii.il 
is  to  U'  at  my  hou^«*  the  'Joth  da\  .  and  1  %\ui\\ 
disctiursc  it  \iiih  him.  nnd  we  shall  take  it  ti*- 
sTi-lher.  >Ir.  Tmdal  Jul  i^>m«.  ami  Holniu 
o.uui-  and  d«'iiwp>i)  in  Iik  inloiiiiation. 

JtistH>e  Dtiihfi.  Vmi  did  not  kp%ehimhis 
oath  at  that  tuno.' 

LdWiU  ".  Nil.  m\  K«nl ;  ivv  it  so«*nu  lie  had 
not  th<'n  doln  ort  d  u\  his  intomiation,  bm  only 
a  wrilin};  of  hi^  lo  Mr.  Tindal. 

hanskiirtforjf.  You  took  no  caniuination 
then  T 


Latcder.  No,  my  lurd,  iiotat  that  time ;  bm 
afterwards  he  caine  and  be  gave  in  bis  intiir* 
madoD  10  us,  and  1  think  we  were  about  two 
hours  about  it ;  and  then  he  dkl  notcharge  way 
person  but  Kushton  and  nr  T.  Gaacoanie; 
but  said,  he  had  more  to  recollect:  Wei, 
sakl  I,  if  you  i«coUect  any  mon^  yoo  may 
come  aj^n. 

Baron  Gregory.  Pray  who  dkl  lie  Qane? 

Louder.  He  named  &thcr Rmblon end ■ 
T.  Gascoigne ;  he  named  .my  lady  Tempest, 
but  spoke  that  as  from  another.  And  whoibi 
cameagaiu,  he  said  he  wooM  trcmhle  us  with 
no  more,  hut  woidd  go  to  the  king  and  eonaci 
to  deliver  in  the  rest. 

Justice  Dolbeu.  He  said  then  he  ikonU  ie« 
collect  more. 

Lxwder.  Yes,  my  lord,  be  did,  and  whnh^ 
came  again,  he  saiit,  he  would  not  trouble  « 
with  it,  but  would  inform  the  council  ef  it: 
When  we  saw  him  so  poaitirc,  he  bad  a  letter 
of  recommendation  finom  Mr.  llndal  ta  tbi 
coimcil ;  and  he  kwt  that  fetter  at  Ware;  bat 
he  went  on,  anddetivered  hie  iufiauwiieal» 
the  council. 

Justice  Do^ftfs.  Do  you  know  it? 

Ltm-der.  Yes,  my  lord. 

Justice  Dolben,  You  cannol  knoir  it,  vol 
you  there  tlien  ? 

JxHtdcr.  No,  my  lord,  but  I  do  know  it 

Justice  Dolben,  How  do  yon  know  it?  '  * 

Loader.  I  have  a  copy  of  the  order  inin 
several  of  the  councirs  hands. 

Justice  Dolben.  That  is  not  ei'idence,  you 
:nT'  not  to  speak  uhal  another  man  kuovni. 
But  tliiit  is  not  the  matter  ;  it  soeuis  he  went  to 
;;ivc  in  his  information  tf>  the  coimcil,  foria- 
di.'cnl  1 10  could  not  othcr\\  ise  have  lieen  safe. 

J^.ii".  Aitor  thi«.  he  t;oes  up  to  Londsa 
::&r<-m«  iiiid  roiTH's  d(»Mii  ijiid  lirinsr^  nic  anotlM 
•tnit  r  «.|'  o«aincil  lo  ..-xaniiuo  >Ir.  Mowlwrav  and 
••no  riiiktrintril:  ai  •)  I  asked  hitu  if  iielmew 
::::y  thi:):^  nboiit  sir  >Iilos  Staplcton*s  being 
oHioonio'vi  in  the  plut,  a:;d  he  saiil  no,  hebc- 
Kt -^tti  hi'  \^as  vory  cUtai\ 

Jus:  /-.ociVr.  V.»u  -say  that  BoIi-on  brong^fai 
y»'U  .iii«>:hcr  uvilc»-  wfot.iilicil  to  cvimine  Mow- 
\n\i\ .  —  Lt'fi  tit ' .  \  «-^,  my  lord. 

Juiir  I),  i  ..  l^id  liolron  hriii^  you  is 
will  ins,  \»iiat  >h-«iira\  oould  s:iy  ? 

L..J.-.  My  l«'itl/l  kiiuw  iioi  whether  il 
i\..^h;  v-Titiiii:  or  :»\  Mordtif  mouth. 

JuMt.'f  0.-..''!.<.  \\  iiat  was  it  he  told  yoB 
.Mo\\!»r;«\  MHil'i  s;"i}  '.* 

r>..'^f'h.  \lv  t*.'iil  I'.u  ,.  h»:  could  sav  he  sa* 
s-r  >liitv  s;,ipKi,.n  ;ii  iUiinlMiw  wlien  the  cod- 
Mji:  uaN  ;  !)ut.  N;iid  lio,  tliere  will  utlierscome 
asy..iti>l  vir  Mii<^. 

Jiiviu't  /)i'.  •. '  Ti-y  hi  n*  ask  Bolronthii; 
1  ho  }  ou  va\  to  Mr.  Lt»-.i der,  you  know  oolhilig 
a:::iinM  s;-'  ^l  1. .  Si;-.jilci'»n,'  l»Ut  ihoTC  WCK 
uthirit  \^oui.i  -id  it  ? 

Ho.:..*.  N«.i,  my  lord,  not  tliat  I  >•" 
inomi*-  r. 

I.  ..  .1 '.  noln<n  himft'il*  hail  never  nid  uif 
tluni;  ;^^-ainst  >\r  Miles. 

IVariHi  Ur(iivri\  Did  vou  aik  Boban  if  ^ 


513]  STATE  TRIALS,  S3  Charles  IT.  iSSl.^m- High  Trca^n.  [3U 

katv  vbether  iir  Miki  w«t  ooncenied  in  the  i  wliat  Mr.  3Iowbray  coul«l  !»wear  against  sir 
ph^flTBO?  Milts,  and  \« as  it  not  iLc  day  which  he  tell* 


Lamifr,     Yes,  mv  lonl,  I  did,  and  he  an- 
fwered,  he  knew  nottnnar  ag^ainst  him. 
Jmbtt  J>0l6ei8.    He  it-as  not  then  upon  his 

Lmder,  No,  not  tlien ;  but  after  this  he  de- 


htrreut'f 

Lu*AtUr.    No,  uiy  loi*d,  il  was  not. 
Bar.  Orcg.    It  was  not  the  same  day  ? 
Ijuudcr.    No,  my  lord,  1  shall  be  [tositire  in 
I  it,  if  I  be  brought  to  luy  oath. 
ifcred  hifl  iBibniiation,  and  did  swear,  to  the  I      Just.  DolUn.     Come,   anothor  witness,  sit 
cfcc  Aat  Mowbray  did  swear,  that  sir  Miles  I  Miles. 
«M  at  Bumbowy  and  that  they  all  did  con- 
the  IdDiiig  of  the  kin^,  and  intrudncinif 


ri 


Romiah  migioD  ;  and  he  said,  iny  lady 


S^r  Thomas  Yarbroimh  called  and  examined. 


Sir  Milts.    I  do^irc  sir  Thomas  to  speak 


Tcsipest  came  to  him,  when  he  was  in  the  !  what  he  heani  Kolron  dtH^lare  what  he  kjiew  of 
and  nid  to  hiin,  3Ir.  Mow  bniy,  it  is  ;  the  |>iot  atler  sir  T.  Gasi-oi^ie  was  taken. 

itini^of  sir  Miles  Staple-  {      Sir  T.  Yurbroufh.   The  10th  of  Ai4^.  167%), 


tor  you  to  be  treatini^  >  c-       -^ . 

Ma's  aervwlB  in  the  larder :   ^Ind  he  a.skeJ  ine  ;  Mr.  Bolnm  i-ame  tv  my  house  about  10  or  11 

vhidar  he  had  beat   |po  and  apprt'hend  sir  I  o'cliH:k  at  iiijfht,  and  kn(*cke«l  at  my  door ;  I 

IHesar  Mr.  Ing^lebyfint.  j  thouglit  him  \ery  unseasonable;  but  my  ser- 

jMliee  Dolben.  This  was  your  discourse  ;  lants  looking  out  at  the  wiuilow,  a?ik£U  who 

vttBokoB. — Lomder.  Yes,  mv  lord.  ;  was  tiiore ;  he  ssl'h\  a  fiiend  that  would  speak 

Blay  it  please  your  lordship,  I  did  I  with  si.-  Thomas  :  My  servant  came  and  toUl 

then  that  Mr.  Mowbray  was  at  all    me,  and  I  ordered  my  servant  to  ao  down  and 

1  in  the  plot.  :  briu^  him  into  my  chamber ;  in  tne  interim  I 

Dolben.  He  tells  yon,  how  you  told  '  put  on  a  inomiu^-^wn  :  As  soon  as  he  came- 

Mowfarmy  wonki  say  before  he  came  i  in,  he  told  me  he  liad  an  order  of  council  to 

nd  what  he  wouki  say  against  sir  !  search  all  suspicious  places  for  popish  priests, 

NlBifl^lelon.  I  and  I  liave  (preat  cause  to  belie\  e  that  tnere  is 

No,  my  lord,  I  never  said  any  such 


%■ 


Dolben.  You  say,  you  did  not  know 
■ItfEowhray  would  say,  Mr.  Lowder  saith 


9tL  My  lord,  I  did  not  know  what  it  was 
'^  *~~  brought  it  himself,  and  be  brought  it 


■«dtiw. 
^'Grtg, 


Mr.  Lowder,  did  he  tell  you  the 

g"iadMM,"or  only  said  he  was  to  depose 

niuitainst  sir  Miks  Stapleton  ? 
IiBv.     My  lord,  he  told  me  he   could 

■■or  or  Mikes  was  at  the  conscdt  at  Barm- 

^1  ari  did  there  conspire  the  death  of  the 
i^K  ad  introducing  the  Romish  relinon. 

m.  Dolb.  How  KRig  was  this,  Mr.  Lowder, 
Yia  bid  that  discourse  with  Bolron  before 
Mtaay  came  to  give  in  his  infonuatk>n  Y 

Xswdrr.  It  was,  rav  k»d,  two  or  three  days 
Ubc,  and  I  ordered  nim  to  come  again,  when 
Mr.  Tindal  was  to  be  at  my  house. 

Just  Dolb.  Were  you  ever  with  Mr.  Low- 
^,  and  knew  when  he  and  Mr.Tuidal  or- 
dered him  tu  come  to  him  ? 

BoL  1  went  to  Mr.  Mowbray,  and  we  came 
^  cs^^nre  Lowder's,  and  there  Mr.  Tindal 
^M  s  but  I  knew  nothing  of  what  he  had  to 
^;  my  lord,  Mr.  Mowmy  was  there  at  that 

ie  he  doth  affirm. 

imt  Doib.   Mowbray,  before  you  came  to 
'«wder*a,  liad  you  acquainted  Bolron  with 
you  had  to  say  ? 

ICm.  I  mifffat  acquaint  him  I  had  sonie- 
^^1  to  say,  Gut  dkl  nut  tell  him  the  par- 
unim. 


one  Kushton,  a  priest,  now  at  sir  Miles  Staple- 
ton's.  Wliat  would  you  hare  me  to  do,  said  I, 
would  you  have  me  go  with  you  inyself  1''  He 
said  no',  but  a  servant.  Said  I,  Mr.  Bohron,  will 
you  shew  me  the  order ;  and  tinding  his  name 
in  tlie  warrant,  I  ask  hmi.  Was  that  the  per- 
son tliat  informed  against  sir  Tho.  Gascoigne  F 
His  answer  was  this,  that  if  I  pleased  he  would 
shew  me  the  article  agains:  sir  T.  Gascoi^e; 
when  I  obsen'ed  tlie  article,  I  a^ked  him,  if  ho 
knew  any  thing  of  sir  Mile.s  Stuplelon*s  being 
concemed  in  tlie  plot :  No,  1  pnitest,  saith  he,  i 
know  nothing  or  sir  I^lilus  Stapletoii's  being 
concerned  in  it,  for  he  is  a  very  noncst  gentle- 
man: only  this  I  must  say,  that  1  know  he 
hath  made  a  collusive  conveyance  of  his  estate, 
and  I  believe  most  of  the  Roman  Catholics  in 
England  have  done  it  for  the  securing  of  their 
estates. 

Just.  Dolben.  What  do  you  say  to  this, 
Bolron  ? 

Bolron.  My  lonl,  when  I  delivt^red  in  my 
infonnation  to  the  council  I  did  accuse  sir 
Miles  8ta[ileton. 

Just.  Dolben.  Did  you  say : his  to  sirThomasT 

Bolron.  No,  1  did  not,  if  it  was  not  hi  the 
information  1  gave  to  tho  council,  Ixflicve  not 
one  word  that  I  have  said. 

Just.  Dolben.  It  is  possible  it  mi^ht  be  in 
tlie  second  information  to  th*.'  council  that  you 
accused  sir  Miles :  W  as  sir  Miles  Stapletou's 
name  in  the  paper  yon  ga\e  to  him  ? 

Bolron.   Yes,  nu'  lonl. 

Just.  Volbcn.    This  was  the  10th  day  of 


August  1079.  Had  vou  then  informed  tha 
lait  Dolb.   Dm!  tou  tell  him  you  had  any  \  coutxril  of  any  thing  Wore  that  time  against 

^ij|aninstBir  Bliles  HtapletonP  sir  Milt's  Stapleton's  being  at  Barmbow-Hall 

^Jbvt.   It  is  poasflile,  my  lord,  I  mij^ht ;    at  the  considt  ? 

^  I  im  Mt  poBliTe  in  thaL  Bolron.    May  it  please  your  lonlship,  I  was 

l».  Grt^.  Did  hi  t«U  jvUi  Mr.  Lowder,  called  out  wha  1  was  before  tli«  kuig  and 
TOk  viii.  I      2  L 


Hit}  STATETBUI^tfsCllASi.if  U.  H»l..;*gHK ^ ttt.mm '$t^tm.  (M( 

nmiiTiH,  inrt  Thn I'^'lT '  -^  '-* *--     wwitli  biai.antlanina^lhe  tea  tberavM 

one  Mr,  Aiiliy,  « liu  Ite'mg  ii  litti?  mrnrj-,  ht 
(rins  liim  tij'  tilt;  vol,  iiud  ci'tntii  anil  briBgt 
him  tn  us  as  ne  woe  siuiiig  in  tfae  porch,  mi 
Hid,Heurk  yuii,  Mr.  Baimn,  Dhot youth  a 
diiCOTerpr  of  the  Plot  ?  Ye*,  1  am,  said  be 
&ealpraryo»,wliua9etlMy  dwt  ue  cdti- 
etnad?  But  lie  woulj  uM  lelt  him.  8i 
Midtie,  isKirMilra  Staiildoo  in  it?  Hr  «b- 
BMWed,  he  hnil  mtlhigg  iDsnjr  af^aituit  tir  Man, 
bit  be  K'as  an  lioaeat  euuik'iauD  fiirnufht  ta 
fcoaw,  meqiUau  that  h.:  Wl  HSika^iBri* 
aOBTevancc  ot' iu3i»Uie.  -"HI 

gir.  JbnMnfM  cJM  JWl  «qpni4ai 

JIbrHnAw.   Jd  ias  lift,  «M»  ftl* 

Bobn  to  MB,  Mri  «ijMh«  a^nim  «ic. 

r^  '  'jT  I 'ii  iilrlil  IliiiTiiiiiiilJp 
for  bmkfav  *<niA,hititg^  «wJ|l»«Mi 
tritli'W;  aid  ite  «r  jpn  IfcjjIitfCi 

thoupnwstly.fiir  heKMUtoUHMt-K 
FMc««>-«>Uiw«rtW 

owqImhim;  audi  toU  biA  lM«i|i«.iB^ 
dd,  nri  ritrt  "il    jrtliS^Siii. 

.wi  k;»  .  »-  ■  -  -  ^.  '■■   '"  ■  .  .' 


JoM.  Dottfln.  Tben  yon  did  nc 
IhU  tioMf 

Bo/km.  No,  nw  lord,  I  did  not. 
'  JaM.!M!tai.  I  irik  7cm  igaiii, 
DNb  or  Angwat,  UTV,  ba<  . —  '^ 
M«M8«f  UT  Aiof  agMVt 

Betrm.    No,  my  Icm,  I  liad  not. 

JiMt  ^kR.   Tbeo  it  couU  pot  be  in  4^ 
vftrinatua  tbatjou  ibawedliitn. 

Sctnm.    No,  my  lord,  it  vaa  K  dw  aeadnd 

Baron  Ortg.  Wu  it  hebn  yvt  bU  ^h 
Aaeoane  with  av  Thomas  YaAKH^fa  t 

BdAM.  No,inytor4,ltinoiwtMbM4bMt: 
J  4MBii««pa^  «M  wtKd^f  a  lia. 
'  fliF«itiN.  XvamwavdvoanaakiiaJia. 

Arfran.   Itknalie,  bafcntUihi 


SiM.  iMtan.  Wan  thaae  iufcrnatiau  io- 
doaai  in  <be  lattvAoM  Ifaa  oowndl  r 

fiOTrf.  Vcs,  my  M  7a«  >kadibip  jobt 
Mt-ltolaMer  mcn&OBB  it,  (boUMr  tka  kOar 

'   ■  tofcaad.  TwHwha-iufammtiaua)  «iiidi 


Ihat.  Boa.  Hr.  Lowder,  i  iNrnt  .ivad  Jk 
<li,aii  IbhiBa  awr,  and  toreia  jmmUiw  of  any 
Mttaiilbaiam:  How  ahtRrid tban  tte  aeo«- 
BaAan  of  air  Mika  be  aientioaHl  in  thnnF 

Bar.  Gr^.  Ida  Jwlieva,  sir  Thomas,  yon 
mialafce  timra. 

«ir  -no.  Yarb.  No,  my  lord,  1  do  not. 
.    Jnat.  DM.  In  Dm  bna  ' 
counoil  U  you,  did  you  ai 


■aid'tae  believed  he 

Sir  Tho.  Strinf.  Pr^  air  TUdiius,  why  did 
^u  aak  him  thai  about  tir  ftlilts  f 

«ir  Tko.  Yerb.  Keoauw  1  Imow  air  MilM 
waa  relHled  to  sir  TlioiDas  Gaaoogiic,  aoJ  wan 
•iteadicte. 

fjir  Tlui.  Slri:i^,.  It  Memcd,  air  Tlionwi,  ymi 
feared  it. 

The  Ijidy  Yuybrough  called  oud  examined. 
■Sir  Miki.  Madiim,  pray  acquaint  the  court 
irbat  you    beard  Bolroa    say  when  lie  dis- 
•ouraed  your  iiuabaiid. 

LedyVurt.  All  lean  EBvislhat  I  waa  in 
bed  lb«n,  and  beard  bim  nay  all  titcae  Ainga, 
and  I  b<>aril  the  order  read,  and  titere  waa  oian- 
iianol'  lerwul  at  the  imiiult,  among  wtuini 
Ibare  was  no  mealion  of  sir  Mite*  Stapleloit. 
'  ilMt  Ai/t.  Doaiyourlwlv^pverj'weljre* 
metuber  thotsirThomas  Yarbroushaalied  bim 
if  sir  Milea  was  coucemcd,  and  he  aaid,  nut 
'lkt.]MkMwofr 

>  -IJUj  Yari.  Yea,  my  lord,  and  he  said  more 
Ami  llait ;  fin-  when  he  ratunicd  from  takiiif; 
irfMa-iaabeafteRitfun.  tlieic  wasagreat  tluaJ 
;  af  company  in  the  liuuse,  suil  when  he  eamp, 
ke  hraa^  one  of  the  aoos  akmg  with  him, 
t^eycMWtttolhaliall,  theae  Ur.  Belroa 


aaaweT 
aMbonv 


Peart.  Tomy  masttr'a .     . 

JuaL  thibm.  Hlw  is  dty  maattt  t 
iPtars.  Sir  Milea  »aidcUm. 
Just.  mtb.  W.hBt  then  f 
Ptart,  I  go  io  to  an  aleLonae  yih^m  WA- 
ron  waa,  he  aaited  me  how  I  dill,  I  ifaadHt 

Just.  2M»en.  Did  iMU  know  Umf 

P(«-(.  Vea,  ixy  lard,  and  fae  oAnd  fc  a 
(Hit  (rf"  afe,  and  be  »i  shed  me  to  drUc  with  Ui^ 
aiiil  lie  aaked  me  if  they  did  not  hlame  faH  ht 
accuiinK  my  mniiter  at  BlikaF  And  I  miA  I 
did  no^  Mar  him  earned ;  he  aaid  it  araa  M 
biiu,  but  bem^htnotleUwboit  wai. 

Ju»t.  Dottni.  When  waa  this  r 

Paan.  Three  orfourdaya  aAcr  my  mailR 
was  taken  into  custody  ;  and  faeaaid  b  wmit 
baireevaie  to  liBTeBem  sir  Milea;  but  I  dnifc 
(aa-yane)  he  does  not  know  me :  And  be  «W 
mc,  if  llr,  I^gget  would  be  at  ouc  hoiM^  «d 
faedaaredmolagiTehimaletter  ;  andlaatfl 
slinuUl  Dot  we  bim  ;  then  he  aaid  I  mighliwa 
it,  and  I  did  bum  it,  my  lord. 

Uir  Tho.  String.  How  cam* 
"itbBolrou? 

Plan.  At  the  coal  piis,  my  lord. 

Ht  TAo.  String.  Did  you- never sae  hi*  al 
ijir  Tholiiaii  GascoieT^e's  ? 

Ptart.  No,  my  kird. 
Stephen  Thimma  called  and  examine! 

Just.  DoVj.  Haiwa  nre  yan  ^leak  soAiif 
tart  truth,  AoMgb  yoM  ana  bM«wbm^  yM'W 


I  ywi,  wmd  God  Almigbiy  will  po- 
nbli  vou  it'  you  speak  false. 

TismpMuu  Am'x  hke  toot  hoaour,  RoWrt 
DifcoB  was  snmt  to  ar'Thomas  Gascouoe, 
as  tteward  of  his  coa!  pits ;  sir  Thomas  put 
bba  out  of  his  eoal-pito.  and  there  was  a  ij^raat 
deal  of  money  due,  aod  he  hnew  not  how  to 
gUii,  and  thcnlbre  he  ^«ouM  take  threescore 
pooada  for  it,  because  he  knew  not  how  id  iiet 
tty  «d  Iw  Kvaokl  take  S9I.  ai  oae  time,  and  33/. 
«  another,  and  came  to  Ae  to  be  bound  with 
bhOv  which  1  was  uawiHing  to  ;  saith  he.  here 
it  Ml.  food  debt,  and  1  shall  lake  care  ii>  gfet 
the  other,  aod  if  sir  Thomas  be  not  kin<L  I  'hall 
do  him  an  ill  tmrn. 

I.  JM».  What  is  tins  to  sir  3li2es  Stapie- 


Tkamp^  He  did  swear,  this  pfet  beimr  drs- 
Civand,  they  thought  he  knew*  siometliing:  c>t' 
sr nomas  Gascoigne,  and  he  said  before  the 

Chnike  nnt,  there  was  net er  a  cntholic  in 
kshize  was  concerned  in  it .'  if  there  ^  ere 
m;  it  was  ahoee. 

mr.  Cr££:.  This  ^ras  bvforc  bis  intonnation, 
1  vilt  laya  wager. 
imLlkMat,  How  could  he  do  him  an  ill 


M7]  STATE  TRIALS,  35  Chauu  1L  ibt l.—fM-  High  Trf^smt.  [j  |a 

nes8esihatwetepnhiut^\  at  sirT.  GasvoigaeS 
trial. 

Sir  31^.1  f.  1  ha%e  none  of  ;ho»>o  witnesses. 

Juht.  Dol^.  Certainlv  those  v  itne^s^cs  uouM 
be  as  maienal  as  any  ^  ou  i*an  ha«e  tii  do  it. 

Sir  Mtifs.  1  have  ihcn'.  not  h*Tt\  my  kwl. 

Just.  lAV^n.  Nay.  iliat  is  be\*aiise\uii  dare 
not :  the  kioij:*s  counsel  \»iU  pnne  titat  wkaa 
they  spoke  tfiey  were  hired  to.  ami  had  mo- 
ney from  sir  'Tho.  Gascoi^ne,  which  thi'V 
cuuiefi^ied. 

^N^  Afi/iTi.  Mv  brxl,  thev  made  artidaut  of 
It. 

Just.  JXjwii.  Thnim;h  ihoy  »lid.  yet  they 
confessed  ihe\  were  biRsl  to  it.  * 

Thebffy  !'« ;='A'ur  called  and  evnniiiied. 

Sir  Mil-s.  >I\  lonl,  1  call  my  ladv  Vatasinir 
to  tell,  w  lit^her  sir  ^V alter  w'us  tfnreat  the 
con^ilt  ihoy  tell  us  of  at  Bannbow. 

Just.  J)vfben.  TUv-X  will  be  hard  for  her  to 
do;  but  call  her  in.  (Who  was  called:)  but 
speakiusf  so  kiw  lihe  ci  nld  not  be  heard  by  i)if 
court,  umi  slandin;;  be<it(k*  >lr.  .Isstkv  Uoll'on 
he  rqieaiHl  her  words  to  ihe  ixhuI.  .My  lady 
saich  this  gentlen^aii.  s-hi'  b^^Korfs  h»T  husband 
vasuot  tliwe  in  auy  part  uf  the  year,  bi^cauaa 
he  was  iutirni  at  Vork.  Now/iri-ntkn>en,  I 
would  I  inly  kii'jv  ,  %>lunli«r  ibut  li  cunclusiie 
eiidencc  wheu  it  is  cnlv  lu^ssilK-. 

Mr.  Lt^^tt  called  and  o\;'n!iied, 

Sir  MUt-*,  >lr.  l.t»gfjr»»l,  pruv.  what  mt^nev 
would  Mr.  UoliMu  have  «;^en  \uu  when  1\*Sa 
taken. 

Lt^gv\  Mr.  Dolron  desired  iiu^  to  lend  bis 
wife  some  moncv  io  ;;<it'>  market  w  itli.  and  I  did: 
the  same  day  Cvtwcon  TBdoa^ttT  and  \iTk, 
>lr.  Dolron  u'skiHl  mo  ^t  hat  alKmance  Dr.  iKitt-s 
had;  1  u>ld  linn,  I  beunl  )>«.  hr.J  .iiH)/.  a  year  . 
and  be  answoreil.  I  de>cr\v'  as  mi>oh ;  *fi>r  1 
lia^rdoiieas  ntui'li  •::iml  js  lu- :  as  1  wasi;otnif 
fur  York,  1  met  wuU  Mr.  i^lowbray.  audit 
rainiug,  1  put  in  ai  Ta.l<'a<iter  :  w  lion  thi  ruin 
was  over,  wc  sin  lor%»ap|  f.ir  Vork:  said  Nr. 
I\luw'bi-ay,  Mr.  lh>lron  hath  si'p.t  tor  me  ;  so  1 
went  lo  Mr,  llnimn  to  th«'  (ieori^e,  and  Ik-  sent 
fur  Mr.  Muwbniy.  ami  lie  piiHs  out  his  infur- 
niatiiiu,  anil nficrlH'  had  read  it,  he  a^kttl  him 
if  he  knew  :uiy  ttiini;  of  that,  and  lu'  said,  he 
did  n<»1  know  uf  it. 

Jii^t.  Doilien,  Well,  what  is  this  to  the  pur- 
)NK«e  t  Did  ^^  uu  hear  liiiii  sav  any  thiii^r  aguiiist 
sir  Milfs? 

Lt'fiiiet.  I  have  heard  i\lr.  Ihilnni  say,  that 
he  had  nothing  to  say  asj^aiitst  bir  .Miles  Stnpk'- 
tou,  but  only  lie  had  made  oier  his  estate  to  sir 
John  Daiiey. 

Just.  Uoidt  ii.  Uow  came  he  to  name  sir  Miles 
to  you  f 

Lt'*:fiet.  ll«*  voluntarily  told  iiUMd'it,  whi'v 
we  went  to  Allcrton  to  u|i|in'lu-i:d  mimm*  iiri(*sls; 
and  when  1  rt^tuiued  I  lolil  him,  i  ttmk  out  one 
oftht^se  i^erKons,  old  Mr.  Mrtcalf ;  and  he  said, 
he  cared  not  if  1  had  bin  takfu  but  one  Addy. 

Just.  Doibun.  Vou  uiu^t  uul  talk  oi'  tluif 
fashion. 


I 


3Iv  k>rd.  this  is  the  ill  turn,  Mr. 
Unt'said  nc  did  it  not  for  need :  O  Rob. 
Uaa,  said  T,  do  you  thus  requite  sir  Tho- 
rns Gaacoigne's  kirMlnesses  ? 

Bv.  Greg,  Did  he  speak  any  tiling'  to  you 
coaccrDing  sir  Miles  ? 

Sir  2iiUs,  I  conceive  when  they  reflect  upon 
ar  Thomas,  they  reflect  upon  me. 

Just.  Dolben.  *  No,  not  so,  \  on  miglit  be  guilty 
ant  sir  Thomas  iimoccnt,  or  you  wiflfht  be  in- 
BMent  and  sir  Thomas  {^iltv. 

Sr  Miles.  Mv  lord,  I  tfiink  that  as  there 
an  a  caasnlt  at  sir  Tliu.  Ga.scoi^ie*s,  certainly 
7iB)-  oae  was  ipiiltv«  ^^c  were  all  ^uHy.        '   ! 

Bar.  Grtgorif.  I'liere  are  some  tliat  i*oiicei\'e  I 
isd  I  think  not  without  ^p^unds,  that  there  are  | 
» OHwderable  catholics  in  Ijij^rland,  but  they 
are  concerned  in  the  plot. 

JafL  Doibem.  There  wa^  one  Dixon  canM'  at 
V  Tho.  Gascoi^pie's  trial,  and  said  he  hoanl 
Mmb  aad  Mowbray  down  a  pair  of  stnirss, 
tpetking  of  revenge  againut  nir  Tlio.  Gascoiipie 
iAmjMr  Tempest,  and  thinkin<r  these  w  it- 
ni^lit  uow  be  produced,  wc  colled  at 
to  new  the  stairs,  ami  1  am  sure  n«Mihor 
■jr  brother  nor  I  cotild  see  any  probability  in 

Bir.  Grtporif.  For  satisfaction  we  made  two 
ft  ap  into  the  chamber  and  stanil  whci-u  the 
viianHs  were,  and  they  spi^ke  as  loud  as  peo* 
fhdo  usually  when  they  d|(!Course,  a*id  1  am 
nre  I  eouU  m*ither  perceive  what  the}'  saiil, 
i«  sea  them,  unless  1  went  three  or  four  stents 

«^ 

,  Jatf.  Dolhen.  This  is  but  occasionsd  by  your 

^~'     npon  the  nnatter. 

NathiiHacl  Wilson  called. 

Jaflt.  Dalbem.  8ir  Miles,  1  wouM  put  you  in 
'  '  vf  aaa  thing ;  pradtiev  tlMse  two  wit- 


lioJmei.  fWre,  a\y  Ion),  id  BoJdnis's  Gar- 
den. 

Sir  Tlio.  SlriiicT.  Did   ynn  pw  trtt  any 
tfntriftlK^OonlitpomeiiiidinvMrv^inM  the 
«*Welt(eagBbMtt(trMili««Ilapt«tiln,|^y  should 
be suHiplenflv  i^wudwtf 
'-'WnfthfifL  N(),iiH«ePininvlife. 

titir  Mita.  Wtml  di«l  joa  9««  iUr  UUit,  Bol- 

Sitii-on.  I  liiiiiniM»iynii  in  1078Br>«nil  imi«B. 
'   JoBt,  W.JAi'd    H«  h*tb  <««Cn  ynn  In  (irianii, 

•IMma^  My  tent, I  lUn^somhim  uBarm. 
Imw-hall  ill  iii;8. 

Sir  a'*o.  Slringen-YmiMowar  Uilw  Sta- 


Kelivn.  Vm,  v«i'v  well ;  anil  I  haro  Mnrt 
limes  tnlkril  nilli  lii'in. 

Mir  Afi/o.  I  itenirv  ii>  know  ivIietliCT  h«  hai 
seen  tie 'rhit,  riwcoi^ie  widmn-diacniiisealiaa 
Bin  Ibin^  ? 

'iMm*.  Nil,  nut  lince  tb«  plot  lirofct  out. 

Sir  Mi/e4-  HeHWurf  in  air  Tbo.iiitM.'oii^e'i 
trial,  he  hearil  me  >Dil  sir  Thomai  iliiMnurti 
about  Dates  and  BedJoe. 

Jurt.  Ho/ron.  Well,  how  material  will  ttni 
be? 

Sir  JVfi7f».  I  thall  jmne  llwt  he  sifom  tabr  i 
lur  Sir  Tlinniiu  anil  1  vvte  never  to^iaher  aau 
tlie  plot  lirokt  lorth. 

Just.  DnitK-n.  That  i*  batit  to  do. 

B»r.GTrg"ry.  YoilhmvouiGVrnlJimlwilMH 


thnt  CI 


>r  ihnl. 


EKr  JIf j^l.  It  sheug  but  vliat  a  kind  of  a  i 
lieii>. 

.Iiirt.  Dallfn.  So  may  wcexsniiiu-to  the 
ufftw  ehuiner.     Dnyoiitlaj'  BnlmnrciHl   atvt  i 
hh  inrrninatiun  to  Mowlirai-.  nnil  he  sdH  he 
knuw  nmhinifnrit  Bsti'sif  Slilw  Nianletoo  ? 

l^gi^rl.  Nn,  myloM,  liiit  of  irirTIi*.  Gm- 
orfpitt;  hr  luked  him  nothing,  my  lord,  biit 
ag&wtti{a  TIki.  Gnscoigae ;  after  lllpy  went 
ontanilhitdhmn  lug^thfr-,  Mr.  Itulron  Inld  tite, 
•ir  Miles  Stniileton  was  to  be  taken  into  costiHlyt 
alMlU)  ■Biil.yoitmaymirHIhuTeilas&nnlhrT, 
but  rn  CO  hnlf  snilM  with  yon:  at  last  he 
tiM  me,  if  I  hare  tOOi  o(  lir  Itllles,  you  ibnll 
ItiffWwrtyofit. 

Ju9t>  Jiotbrn,  tfitti  yon  auy  warrant  at  ibat 
time  tfi  lake  Nir  MiW  f 
'  'I-f/^fti  No,  my  lord. 

BetToK.  I  know  iiutbin>^nf' any  meh  tiling-, 
Mn.  £/o.  i/ii/n>rienll«l  luidiMiBmini^. 

Mri.  Hoima.  An'l  please  jou,  my  lord,  at 
sii'tlio.Biiscuipie's  trial,  Mr.  Bolron  and  hii 
itilt'ltim'  wctt-  »!  nur  hoiine  at  dinner ;  after  ■ 
dinner,  tnty  asked  me,  if  I  wmildgo  toRii-Tho- 
nlw*!  IrW.  I  answered,  yw ;  an  Mrs.  Mnw. 
bnf  canw  and  railed  h<T  huahand  onl  of  door, 
and  I  fnk'n!  her  nboul  sir  Tliu.  Gascoigne,  and 
shCMtid 

Jiwt.  Dotbfn.  Tell  iiB  what  she  said. 

HifAnn.  She  said,  they  wtre  biird  nfo|il(? ; 
but  «he  llioutrht  ihey  witl'  innorcnt  to  the  plot, 
and  she  had  nnihinR  tii  say  afftiinst  ihem,  as 
Qo6  Ntialfjud^  hi-r  sonl.  Then  another  time, 
my  loni.  utler  Uoiriin  rainp  from  York  he  me* 
,  ITIF^ '  Hiitr,  niiw,  niiter,  I  nndentand  you  are 
t«  fte  a  witnee.s  against  me  at  York,  bni  if  yon 
will  he  kind  to  me,  I'll  bckiinl  to  yml,  and  »pe«k 
ad  AvoutaHv  h"  i  can  ;  and  he  Mid,  if  he  had 
known  heshuutil  liaie  been  no  h<tltr  r^ward^d, 
he  wnttld  nffierliBTe  brtm  a  wilnww '.  the  deril 
should  have  liecn  a  wime.'iSfi.'t  .toon  a  he, 

.)ns1.  TMI-'i.   A^in<(t trhomr 

Unliiii'i.  A;,'aiiitt  Mr  T ho.  Gasooijne'Md  fir 
Miti"!.  Miy  I'll!,  and  hBbidmebc  cardulwhat 
I  jiWore  ; '  for  if  we  did  swear  ftlse,  he  would 
h«ve(;^atthefHltory,  and  unlets  t  would  un^ay 
what  I  hud  Slid  in  mv  laily'a  iriKl,  he  wouM 
iRHiM*  me  taHii-imtlT* 

Just.  Dolb.  n.  \V  ho  mid  thin,  know  von  ? 


tHrMi/ri.  In  all  p 

Just.  Dolbcn.  Uul thai  luutt  nut ^u  hcfan  > 
poailire.     Well,  hare  yuii  done  ? 

Sir  Milrt.  Time  is  another  witnm  or  Iwv, 
if  it  henot  tootedioiB. 

JiiHt.  Dniben.  Nu,  w«  will  Elay  here  all  day, 
if  yon  please. 

EcAvsrd  Canper  oallud  and  emminnd. 

Coi'iKT.    My  lord,  all  thai  I  ran  say  in,  wii 

havinK  (**■"  *'  Authertoii  fair,  wp  met  iriili 

Mr.  Mowbray  i  liuowinj;  him,  and   brity;  te- 

Siiainted  wiui  him,  pray  aaid  I,  wh^twr  i< 
lere  any  thing  of  a  truth  in  tbid  that  IMmi 
swears  ac^iist  air  Tho.  Gaseoigne,  or  no  ?  Na, 
&ailjihe,nemigbtas  well  have  sworn  iti(;iioM 
you,  or  anotlier  (levsou  ;  for  I  have  hrrn  in 
tlie  house  as  long  as  he,  and  I  never  knew  uiy 
such  thing'. 

Justice  Dolhen.  lliia  was  hefnre  Mowkray 
hatldistH>ver«d  anytliitig;  for  MoiTbny  wu 
then  H  papist,  and  had  taken  the  oatli  »fw- 
crecy  :  fitsides,  it  is  not  roueh  what  Mowtmy 
^d,  he  was  goin^  on  a  high-way  :  If  iibul 
been  before  a  jusiice  of  jieace,  or  if  he  bid 
been  upon  his  oaJi,  then  it  had  been  more  IM- 

Mailiun  Shcrtburn  cslknland  eTantined. 

Utt  HfiUs.  Madam  Shcrebuni,  pray  drclsn 
what  Uolmii  said  at  your  house 

Madam  Sitrtttm.  Mr.  Bolmn  and  M«w> 
kray  came  to  oitr  huuse  nndiir  the  pretcnctif 
■BBrrliing'  lor  priesls,  and  Biilron  took  loW 
parrels  of  nilver  aimy  with  him. 

Just.  Da/ben.  Avny,  auav,  if  you  hiicuy 
thinjr  B^'intt'hiiuon  ihei  brbaK  of  ihBtfNitb' 
man,  jUadam,  iimk  it ;  but  yuii  wnnlil  [»w 
hiin  a  duHV'ond  nay,  Im*  hcbi  to  *rA  i* 
prims,  and  he  stole  money  frum  ihem. 

•  Mowbray.  We  w*iqt  lo'wek  for  priwB,  «i 
»  e  tiKik  some  ebohcxs  and  other  [lopiAh  Induk 
awiiy. 

Jiislice  Do/tfn.    Do  iiol  speMl  vour's  u' 
oui'  time  in  aavuif:  thu   Bolmii  aarl  IM<i«^ 
werskriaibhbii)!!;  wv,  it  may  bn,  aiv|r* 
olrxirarvgnneBiin  tliM partiraar. 

bamn  Orrf;nry,   Tbiy  Ibcwiial— 
Ifaajr  itwe  been  leijr  tNKli^AfjrV 


501] 


STATE  TRIALS,  33  Charles  II.  i6si.^jhr  High  Treamm. 


of  iecraKj,  nnd  ii  it  ts  iU  as  ever  was  spoke 
or  writ  id  so  few  words. 

JiUiAice  Dofben.    I   know  they  have  been 
xtry  had  men.    \^  el(,  bave  you  aoy  more  wit- 


8ir  Miic$.  I  can  produce  my  ncijrhboars 
and  those  of  the  cliarch  of  England,  that  can 
say  no  otherwise  than  that  I  have  been  of  good 
bcuamur. 

Sir  Tko.  Slrimfifr.  It  is  generally  concluded 
hy  all,  that  sir  Miles  liaUi  been  a  very  good 
inaa  until  he  fell  into  this  great  action. 

JvaHiee  JJolifen.  Brollicr,  have  you  any  more 
to  say  ?   If  not,  1*11  proceed. 

Sir  Tko,  Strin^r,  Only  1  desire  that  Dixon 
and  IVikmi  may  be  called  in  to  swear  that  they 
were  hired  at  sir  T.  Gascoigne's  Trial 

Justice  Doiben.  Call  th^,  then. 

Dixon  called  and  sworn. 

St  Tko.  Stringer.  Pray  tell  my  hMrd  and 
the  jury  what  witnesses  were  hired,  and  whe- 
ther you  were  hired  to  testify  for  sir  T.  Gas- 
coiflMorno? 

VixoH.  My  lord,  in  Novemb^  1679,  John 
Baily  aent  Jclm  Wilkinson  for  me,  and  when 
I  came  there,  Batley  was  there ;  and  they 
dcared  me  to  go ;  and  tlicre  called  me  into 
the  garden^  and  asked  me,  if  I  would  be  a  wit- 
DSM  for  sir  T.  Gascoigne,  and  would  give  me 
4Qf. 

Wilton  called  and  sworn. 

Sr  J%o^  Siringer,  Were  you  offered  any 
thinff  by  Mr.  Babbington,  to  lie  a  witness  for  sir 

macs? 

WUmm,  I  was,  my  lord. 
tkt  Tko,  Stringer,    Pray,  tell  my  lord  what 
yoQ  woe  offered,  and  what  he  would  have  you 

•■Xi 

I.  Batley  would  have  him  to  be  a  wit- 


Jostice  Dolben.  Well,  but  what  was  he  to 
say? 

Dixon,  He  was  to  say,  he  never  saw  Bolron 
nor  Mowbray  at  his  house.  Saith  Batley,  I 
saw  them  at  the  door.  Thou  never  didst  see 
them  in  my  bouse.  Yes,  saith  he,  I  see  them 
ODoe,  and  my  lord,  the  third  time  before  they 
departed  he  might  say,  that  in  1679  he  came 
in  and  found  them  there.  This  he  pressed  on 
me,  telling  me,  it  was  but  telling  a  lie,  for  no 
oath  was  required  in  this  case. 

Baron  Gregory.  Did  31r.  Babbington  ofTer 
you  money  ?  Wnal  would  he  have  you  to  tes- 
tify for  it? 

Jostice  Doiben,  What  money  woidd  he  have 
given  you  P 

Wiaom.  He  wxNild  have  given  me  10/.  and 
Hickenng  proffered  me  10/. 

Justice  Doiben.  Is  Babbington  a  solicitor  for 
sirMikt? 

Bolram.  Yes,  my  lord,  here  he  is. 

Dixon*  Bathnr  did  press  me  to  say  again, 
that  he  never  did  see  Mr.  Bokon  and  Mowbray 
in  hit  hoii*>  and  he  madea  oontrivattoe  of 
that 


■  I , 


[62C 


Christ.  TMUglexf  and  Richard  Cocker  called  and 

sworn. 

Sir  Tho.  Stringer.  Pray  tell  my  lords  and 
the  jury  what  you  have  been  proffered,  and  by 
wluim,  to  give  evidence  for  sir  Miles. 

Chr.  Lunglcy.  My  lord,  an't  please  you,  I 
kept  a  public-house ;  so  William  B&tley  and 
John  Ross  (»me  and  called  for  a  quart  of  ale, 
and  this  Uichard  Cocker  was  with  us,  and  he 
said,  if  A'OuMI  go  and  be  a  witness  for  sir  Miles 
in  those  things  we  shall  direct  you,  you  shall 
have  a  coujile  of*  oxen  and  half  a  score  of 
sheep. 

Sir  Tho.  Stringer.    Who  proffered  you  this? 

LungUif.  Will.  Batley  and  John  Gross. 

Cocker.  Well,  it  is  the  same,  my  lord,  I 
went  with  him  into  his  house,  and  he  proffered 
hiin  a  couple  of  oxen,  and  half  a  scora  of  sheep, 
if  he  would  be  a  witness  fur  sir  Miles. 

Mr.  Bayns  called  and  sworn. 

Sir  Tho.  Stringer.  Speak  whether  Mrs. 
Holmes  would  have  had  you  to  have  recanted 
any  thing  against  sir  Miles. 

Bayns.  (Hie  proffered  me  since  I  came  into 
the  lungdom  <4*  Kn^and  threescore  pound  a 
year  to  have  holden  my  tongue,  if  1  had  any 
thing  to  say  against  sir  Miles :  I  told  her  not 
whether  I  had  any  thing  or  no,  and  she  prof- 
fered me  60/.  per  ann.  Mrs.  Hewit  said,  she 
would  give  me  more  if  I  would  say  nothing 
against  sir  Miles. 

Just.  Doiben.  Did  they  make  an  assnr* 
ance? 

Bayns.  I  asked  them,  do  you  know  another 
gentleman's  purse  ?  They  said,  they  knew  it 
very  well,  that  he  would  give  it. 

Sir  Miles.  Pray  let  Mrs.  Holmes  be  called 
again. 

Just.  Doiben,  Well,  she  denies  it.  What  is 
that  Hewit  ? 

Bayns.  He  mairied  another  of  my  daugh- 
ters, my  lord. 

Just.  Doiben.  She  only  appeared  zealous  tor 
sir  Tho.  Gascoigne,  and  she  would  be  the  same 
for  sir  Miles  Stapleton.  Have  you  any  thing 
more,  sir  Miles  ? 

Sir  Miles.  No,  my  lord ;  only  Mrs.  Holmes 
denies. 

J  uat.  Doiben,  She  does  so. 

Sir  Miles,  I  have  not  so  much  to  say  against 
Mr.  Bayns. 

Just.  Doiben.  I  do  not  hear  he  saith  much 
against  you. 

Baron  Gregory,  He  had  got  his  money 
pret^  eaaly  it .  hie  said  nothing  more  against 
you  ;  he  had  scarce  earned  his  money .^    . 

Sir  Miles,  I  desire  the  jury  may  consider 
what  credit  was  given  to  their  evideace  lor* 
merly  in  the  former  trials  ;  for  1  speak  teri- 
oiisly,  I  never  qmke  any  inch  thing,  nor  was 
ever  at  any  consult  about  any  such  thing ;  f 
believo  tfaiere  is  nono  that  knows  me  will  be- 
lieve  it. 

Justl  JMfon.  Isthatall? 

Sir  MUes.  The  evidence  is  very  improper; 


523]   STAT£  TfUALS,  3G  Chaulss  II.  l68l^7>Mrl  of  Sir  Mde$  Si^fkian.    [5S4 

I  never  thoiig;ht  ill  against  tbe  king  in  my  life  ; 
what  reason  was  there  for  it  ? 

Just.  Uolhen,  !No  reason  at  all  that  eitlicr 
yoa  or  any  papist  shoiiki  do  it,  but  only  throu^U 
the  nond .  fiery  zeal  of  the  jesuifs  ;  for  ever 
«iuce  Uic  reformation  you  have  cnjoyecl  your 
estates  and  religion  without  any  molestation  ; 
bnt  you  coiild  not  cndiut;  we  slioiild  (luietly 
eqyoyour'a.*  Dntifyou  have  any  mattei*  on 
record  against  tiiem,  we  will  boar  it.  It  may 
be  you  will  say  he  is  an  idle  fellow  and  the 
like  ;  tbere  wiA  be  no  end  oi*  such  reflections. 

BeroB  Gregory,  You  sec  what  is  produced 
on  your  behali*  sir  Miles,  though  not  by  your 
direction,  vet  ou  your  behalf,  and  they  said  it 
Was  bat  telling  a  lie. 

Sir  Ki/ei.  No,  my  lord,  not  I ;  I  never 
gftw  any  socli  directions. 

JusL  ihlben.  Gentlemen  of  the  jury,  sir 
Miles  Stajdeton  stands  indicted  lor  a  very  foul 
treason,  for  endeavouvin^  to  subvert  the  go- 
venunent,  chaiiffc  the  religion,  and  to  bt-ing  in 
superstition  and  idolatry ;  which  he  could 
■ever  do,  without  compassing  the  death  of  the 
kiojIC,  he  bi'iiig  the  only  obstacle  in  the  way. 
Thn  kiiia  chaise.  I'lie  proof  of  this  depends 
vpon  Bolron  and  Mowbray :  Mr.  Hmith,  tbe 
mt  witness,  he  only  relates  lie  hath  been  in 
Rome  and  France,  and  among  all  the  priests 
lie  conversed  with  tlicre  was  sutrh  a  dcsien  on 
font  -y  but  against  sir  Miles  ho  knows  nothing, 


but  thin^  told  him  t>y  Mr.  Thwing,  which  1 
mnrtt^-'iryoii  is  no  e\i(]em'o  »'>iainst  sir  Miles 
Smi>l;».i:in,     SV.lron  and  M<jmI»1'IV  do  positively 


Sfnid;". 


]>()t$Uiv 

\!'i.».';  •••.-   } ':  ill  as  :iry  tiling"  ran  bo  ; 


sir  Miles  8taph;ton,  that  be  wa»  al  Iho  eoanh 
at  Barmbow-hall ;  ycni  have  heard  him  often 
deliver  this,  and  b8<»u8e  it  was  ionMwfaat  ma- 
terial we  desired  him  to  speak  it  again  and 
ag»an :  Bolron  denies  it,  be  never  told  what 
IiloHinray  could  swear ;  so  dwt  dependli  upon 
the  credit  of  the  witnesses. 

8ir  Thomas  Yaxbrough  tells  us  thai  Wtnm 
came  to  him,  and  kuocked  him  up  out  of  biU^ 
lor  bis  warr^t  to  search  for  KuahlOD  a  prisM, 
wlio  he  said  was  at  sir  Mifea's,  and  thereaua 
he  asked  him  if  lie  could  tell  any  thinif  arw 
Miles  Htapleton,  and  he  said  bo,  with  miajr 
asseverations ;  now  if  that  iniormalioii  wat 
Uie  samethat  was  sent  to  Mr.  Lowder,  thsoit 
is  of  no  such  weight,  and  it  hath  been  pie- 
sup)»osed  by  the  kin|f's  counael,  that  sir  Tha- 
raas  might  forget  himself,  neither  waa  there 
any  thing  in  these  papers  relating  to  sir  Miki. 

And  my  lady  Yarbrougb  being  in  bed  in  tbt 
same  chamber,  she  saith  she  heard  the 
papers  read,  and  her  huabaad  asked  him  cf  dr 
Miles  Mtapleton,  but  he  denied  thai  ha  was 
concerncil  in  the  Plot :  and  she  saith  furtev 
in  the  aftei-noon,  a  gentlenr.Mi  brought  bin 
into  the  poreb  where  tbey  were  sittmgt  md 
the  gentleman  asked  him  who  were  pHMMi 
but  he  wouki  not  tell  him :  then  he  arin 
him  if  sir  Miles  Stapfeton  was  oaaamMi^ 
and  he  positively  denied  it.  Thaae  Ai^a 
hang  not  well  together,  1  know  not  km-  fa 
make  any  observations  upon  it ;  he  denia  tkit 
he  said  so,  they  say  he  did.  Ttie  rest  of  the 
H  itnesses  are  not  very  much  matrrial ;  saiy, 
as  f  told  \ou  before,  what  talk    khey  would 


c«»\t»:ii!K,  \vhri\-*  it  \.  IS  resolved  ihe  kiiiGT "should 
!:.»  M'!r  1.  :;!  •!  iluit  sh"  Miles  did  apco  to  it, 
.r.id  d'-J  V  li-ee  I  >  fiHtribnte  (?(K)'.  to  carry  on 
th}sdri:i<^n.  ('  /':»iii  ijayn*.,  brincx  «  \auiined, 
h*.*  saith,  lu*  d  d  reislly  soo  sir  Mil^s  at  IJami- 
1:p',v-1i;iII  at  :linl  lime,  but  he  dctli  not  know 
wl!i'fhfr  it  V  as  :br;nt  that  or  no. 

A'lio'ist  this,  sir  I'.ihs  spi!?'.  it  rann^t  be  : 


h'.i\ 


an  i^ivrinioii  of  i^;!i"ori   s»Tid    .'Vlo^\- 


thr»v  loth  :.»r«r,r  tl.-'v  wctv  |irtrs<'nt  at  several  I  iia\e  talked  bt  lore  tbey  elianged  their  religioB* 

there  is  iiotbiiig  proved  aguiiist  them,  but  they 
are  irood  witnesses  in  the  law;  there  it  00 
records,  nor  i>erjnries,  nor  any  thing  else  tbtf 
takes  otl'  their  evidenee,  tbey  have  sworn  il 
several  times,  and  stand  to  it.  Now  you  have 
heard  and  taken  notice  what  objcxnions  have 
Iktii  made  a<rainst  it. 

Uurou  Orr^oi  I/.  3Iy  brother  has  opeofdit 
so  fully,  I  shall  ti*oiil>Je  you  with  verybRle, 
bmy  ;  and  to  prove  this*,  be  pnidiieeth  several  ■  only  to  let  you  see  that  my  observations  wwB 
witne^Sl>s  ibiit  Kolron  should  deny,  and  that  i  the  same,  and  that  1  concur  in  the  evidenet 
he  shoulil  soti\«)tiiiie«  say  that  sir  Tho.  Gas-  j  with  my  bnnlier  ;  for  thcit»  is  full  uvidoMC 
coiafiieknew  p.oibii!*;  of  il.  ;  someiimes  that  sir  jitrainst  the  prisoner  at  the  bar.  The  matter 
Miles  knew  notbiiii;  of  it  :  I  must  tell  yon  at  |  tU^y  snear  Ls  treason  of  tbe  hiicbest  namreimt- 
this  time,  tb-it  tlwy  \\<"n^  then  discoursed  [  o'iuahle :  there  are  but  two  that  swear  poa- 
withal,  they  at  that  time  were  papists  tbom-  j  tiTely,but  ; hey  swear  of  several  consults,  fs^ 
selves,  and  lay  undei-  the  oaib  of  seereey.  I  oi' tbe  pailiculai-s  that  were  agreed  on  byaf 
TUit  now  heiv  are  tlin^e  witnessi's,  sir  Tb'o.  ■  Mib-s  Stupleton  for  the  ean-ying  it  ou ;  aod 
Yarbroiigh,  lo}'  Inly  Varbroujih,  and  Mr.  ;  there  is  no  ninttTial  witnesses  against  tliM. 
I»wder ;  and  they  tlo  spi>ak  as  iiuieh  as  any  of     For  tbe  k 


the  other  doth  roiircniing  l)4droii  and  Mow- 
bray, and  they  sm'ak  it  when  it  uiis  a  time 
pertinent;  (or  wiiat  ihey  sjwike  tiiajuslioe  of 
peace  at  that  time  sreins  somewhat  {indmhle: 
you  heard  what  >lr.  liO»der  saith,  they  eann.' 
to  him  to  aceuse  them  the  35th  of  .faiuiary 
1079,  and  he  put  Ihein  nlTfor  that  time,  and  he 
gi\es  you  reasons  why  he  ihd  it  ;  and  then  h«^ 
brings  an  order  vf  coiineit  to  examine  Mow- 
bray, and  he  tells  him  what  Mmvbray  would 
r,  awi  he  tells  him  he  would  swear  against 


latter  witnesses  of  their  denying  of  it 
it  must  be  before  they  were  of  the  I'rotertirt 
i*eli«jf!on  ;  w  ben  thej''  were  concerned  as  iiMiA 
to  eoneeal  it,  as  any  iktsoiis  that  were  gtshy 
i'i'  it  :  besides,  in  a  disronrse  a  luau  ic  i^ 
bound  to  tell  a  neighbour  all  things  tlist  be 
ilotb  know,  he  cannot  be  safe  to  tell  it  to  a  ]iii* 
\  ate  person  at  that  time.  It  is  very  tnie,  as  mj 
brother  hath  told  you,  they  were  resolved  wkB 
they  discos crtid  it  they  would  ha^'eseeuritfA' 
tbemselves :  I  suppose  they  needed  not  fax 
feared  sir  Mikb  flying  from  being  appveheaM » 


525]       ST4TE  TRIALS,  33  CHAfiLKB  If.  Ita  1 .— THirf  cf  George  Bmhy.       [S^6 


bat  if  flir  Miles  was  at  brpfc  Hieytmglit  have 
fiwnd  it.  But  wlien  ttiey  came  toiie  cxuiaincd 
upoB  their  oaiAa  before*  Mr.  Lowdcr  and  Mr. 
liD^al,  there  oiuld  not  lie  any  thiiiir  to  cscuae 
them  ;  it  is  true,  to  my  a{)}>i'ehenuon,  there 
was  no  probable  reasons  %( bv  these  two  g;entle« 
Bwo  should  ask  thorn  if  sir  Miles  were  con- 
eernrd  in  the  Plot ;  for  in  the  bifbinratidn  they 
law  his  name  was  not  raentioned  ;  thus  they 
were  as  much  afraid  as  sir  Unfiles  was,  it  may 
he  ;  it  wms  iSbxn  care  of  him,  knowing*  what 
id^^te  vas  of,  and  knowing-  him  to  be  re • 
kledto  air  T.  Gascdgne.  Now  it  doth  defkend 
upon  the  credit  of  what  they  have  sworn ;  they 
deny  what  is  ehara^d  u)>on  them  by  these 
goidenieD ;  by  sir  Thomas  Yarbrough  and  b^- 
my  kdy ;  and  it  is  true,  Mr.  Lowder  was  as  a 
magistrate  too,  and  sir  Thomas  was  as  a  ma- 
girtrate  too  ;  it  is  true,  he  was  not  upon  the 
linstion  of  than  upon  oath  at  that  time, 


tliercforc  thai  was  not  as  before  a  magistrate; 
but  ^Ir.  Loader,  they  came  to  him  as  a  magis- 
trate ;  therefore  it  must  be  for  you  to  consider 
whetlici'  or  no  there  might  be* a  fuTjSfCtfulneas 
of  them  in  their  speakinj^,  or  a  misuiuierstand- 
ing  of  tliesD  ;  there  is  nothing  else  that  I 
kuow  can  4eud  to  the  recoiu^iing*  of  it :  ibr  if 
there  were  a  mistake  by  the  ooe,  or  a  forget- 
fulness  in  the  other,  tlieti  it  mifrht  alter  the  un- 
derstauding ;  but  if  t}icy  heard  well  and  re- 
membered true,  then  it  will  be,  as  I  have  said 
before,  more  difiicult  to  be  veconcikxl.  But, 
gentlemen,  upon  the  wliolo  inntter,  it  will  de- 
pend upon  the  construction  and ,  reputation  of 
wliat  tliey  swear,  and  these  gentlemen  speak, 
which  you  are  to  consider. 

Ilavuig  sworn  a  baili/T,  the  Jury  withdrew 
for  about  half  an  hour^s  coosoltation  together, 
atid  then  returned  into  Court,  and  gave  in  their 
Terdict  Not  Guihy. 


280.  The  Trial  of  George  Busby,  at  Derby  Assizes,   for  High 
Treason,  being  a  Romish  Priest :  33  CuiiULiis  II.*  a,  d.  1681. 


i  HE  court  being  sat,  and  the  usual  formalities 

moediw   business   o>'er,    tlie   pannel  of  the 

Grand  Jury  was  called  over,  and  nineteen  of 

them  anwom.     The  names  of  which  gentlemen 

of  the  Grapod  Jur}',  which  found  the  oil!  of  In- 

dictBient,  Sec.  against  George  fiusby,  were  as 

feHofwa  :-^Sir  Hennr  Every  of  Egginton,bart., 

air  Robert  Coke  of  Langrord,  hart.,  sir  WiU 

ba  Bcxilhby  of  Asliborn,  kt.    and  hart.,  sir 

fiflbert  CXnxk  of  Chilcote,  kt.,  Wiliam  Fitz- 

hobcrt  of  Tissington,  Henry  Cavendish  of 

DevAidge,  WiUiuin  Mundy  of  Darlev,  John 

Loweef  Senhy,  William  Berrisford  of  Hentky, 

John  Allen  or  Gresely,  William  Hopkinsun  fiA' 

BoBsafL  escjuires  ;  William  Txse,  Lionel  Par- 

shaw  of  Dionfield,  Joseph  Harnurof  Yeavely, 

John  fitnffin  of  Hopton,  Ulattnew    Smith  of 

Deoby,  John  Whigly  of  Cromfurd,  Paul  Jcu- 

kinsnn,  George  Birds  of  Stanton,  gentlonen. 

The  Indictment  being  brouglit  into  Court, 
Bi^a  vtru. 

Clerk  of  the  Astizet.  Gaoler,  set  George 
Busby  to  the  bar.     (Which  was  done.) 

Ckrk  i^  the  Arraignments.  George  Biifib}', 
liold  up  thy  hand,    (Which  he  delayed  to  »). 

Clerk  again.  Geoige  Busby,  hold  up  di^' 
hand. 

W'hich  he  did  not  do,  but  instead  thereof, 
innesented  a  |)eiition  to  the  court  to  this  cflect. 
That  he  was  committed  to  the  gaol  in  Marcli 
last,  for  being  a  popish  priest,  and  that  greai 

•  See  the  Cases  of  Camjnon  and  otliers,  v.  1, 
p.  1049  ;  of  David  Lewis,  v.  r,  p.  249 ;  of 
Thomas  White,  ahas  Whiteliead  and  others, 
V.  7,  p.  S11 ;  of  sir  Geoi|[fe  Wakeman  and 
othm,  V.  7,  p.  591  ;  of  Charles  Kerne,  v.  7, 
p.  707  ;  of  Andrew  Urommidi.  v.  7,  p.  715  ; 
«iid  of  WilHam  Alkins,  v.  7,  p.  7S6  of  this  Col- 
iectiofi. 


industry  had  boon  usefl  to  procure  witnesses  to 
.swear  against  him,  and  tlint  having  obtained  his 
Habeas  Corpus  to  be  removcl  to  London,  the 
umlcr  sheriff  falling  sick,  and  being  since  dead, 
the  Habeas  Corpus  was  not  executed ;  he  prays 
he  may  be  removed,  to  the  King^s  Bench,  that 
he  may  have  time  to  iiiake  his  defence,  he  de- 
pending upon  his  Habeas  Corpus,  his  most 
material  evidence  to  clear  him,  and  to  prove  his 
being  an  alien,  being  then  in  London,  &c. 

Baron  Street,  Mr.  Bitsby,  notwithstanding  I 
must  proceed  to  try  you,  the  Grand  Jury  hav- 
ing foimd  the  hill  billu  vera  ;  you  say  you  are 
an  alien  ;  if  that  be  so,  then  you  arc  without 
this  law  of  the  S7th  of  Eliz. 

Buthy.  I  had  not  my  Habciia  Corpus,  and 
so  am  deprived  of  my  witnesses  to  prove  that  1 
aman  ahenbora. 

Baron  Street.  If  tliey  pnne  yon  not  a  na- 
tive, then  the  Indictment  falls. 

Then  the  Clerk  of  AiTaigiunents  proceeded  fo 
arraign  the  prisoner. 

clerk.  George  Busby,  bold  up  thy  hand, 
(wliich  lie  did.)  «*  Tliou  standest  inmcted  by 
the  name  of  George  Busby,  late  of  West- Hal- 
lam  in  the  comity  of  Derby,  derk,  for  tliai 
thou,  being  a  subject  of  our  sovereign  lonl  the 
king  that  now  is,  and  being  likewise  bora 
withip  this  kingdom  of  England,  was  made 
and  ordained  a  nriest  by  the  autliority  derived 
and  pretended  ironi  the  See  of  Rome,  after  the 
feost  of  the  Nativity  of  Ck.  John  Baptist,  hi  tha 
finit  year  of  the  reign  gf  our  lady  Elisabeth, 
late  queen  of  England,  ^c.  and  before  the  16di 
day  of  March,  in  the  39ni  year  of  the  reign  of 
our  sovereign  lord  Charles  the  secow),  of  Eng- 
land, Scotland,  France  and  Ireland  king,  de- 
fender of  the  faith,  ^c.  the  laws  and  statutes  of 
tliiskin^^mof  England  little  weighing,  nor 
the  pomshiiMufts  in  the  sanoe  contauied  not  at 
ail  regarding ;  with  force  and  arms,  6rc.  at  the 


asr]  .  aTAnnuUirueMA^LMV.'fsstf? 


I    tA    Vl'fA  Haibn 


Unin&in  uf  EnaUml.   «uIqii1^j  tmkfwml 


„    .ml,    vulanfl 
mUv.llw!  Ilith  day  of  M 
r  llif  ri-i^  ■liir»wuJ,  k 
Miti-ary  Tu  tl 


trMMiukldi 

yw  of  itif  n*)^  ■ioniud,  Mb  Im 
utile  fima  if  A*i 


IniIictm«it,inrhrd,liaotlUii 
r  pwticulnr  vmt  h  At  iHDk 
m  qumi  li[i/at>i:tli,viE.  Dial  1  tMlcatdnte- 
yoml  »M,  and  aniitliiT point, tet  lam «  ■■fill 
of  Uw  Idllilf'il  ildminiuTui. 

Baton  Slrrrt,  Vou  iiiny  tic  Mail  a  priHl  b 
Engtuul  by  die  aiUl.i.iily  <f  At  MM^  af 
Rome,  u  welt  u  at  Ruiiii-. 

taibif.  Hnw  call  I  be  mwlo  a  jpriatH  fiif- 
Und  by  tlie  aniliority  of  ilit'  Witp  <r  Smm, 
when  there  n  no  surli  authoii^  F 

Dftrou  Sircrl.  You  must  pM  to,  JMT  L(- 
dictmrail  an  it  stands. 

Buiby.  T)M>n,  uyturd,  ILsaUirtaf  la^ 
be  allowed  counsel. 

htxtmSlrtrt.  It'anv  [wintiplnrviM^yM 
■htllbe  alliiweit  I'ouuxd. 

Buthif.  Tbv  time  and  place  bwt 
tb«  iBiUctmutU. 

B»ronS/w/.   If  OialW  »o,it  b  _ 
But  opoB  new  of  tbe  ladictiiwDt,  it  wu  fimiid 
right. 

Clo*  ^  Arrmgn.  George  Bmby,  hoU  up 
Iby  hud ;  art  tbou  Guilty  of  thk  bKtictnmt, 
or  Not  Omity  r 

Butg.  (Ifaeo  hoUiog  up  hia  baud)  nid,  Not 


1  Tbe  names  uf  tlic  prOy  jury  awont  wm. 
Saiiiiwl  Wanl,  K-nl.  Tlio.'  >V  ilnm,  irmt.  ioha 
Steer,  Jol>DRatdiir,  Ell.  Wolnteriy.gml.Hd- 
liani  Horn,  gvnt.  rit-orve  Trkbrl.  ^tut.  Jttv 
miah  Ward,  JnLn  llomir,  John  (;it*»<H,  i((tu. 
Edmunil  Wumlbnul.  Amhooy  Bomdc. 

Tlien  Mr.  Briil^,  coudkI  tor  ibe  Idn^, 
opened  the  Indictment. 

Mr,  Briiiga.  Mav  it  pl«am  Your  Inidahtp, 
id  tbe  i^tlemen  of  lite  jury,  the  pnionrr  ai 
the  bar,  Uuocffe  BuMliir,MBn<ls  induned  faring 
treason,  a«  ilis  ailnlg«d  in  \\vt  ludirtmetit,  ifait 
he  beinir  bom  within  the  bing'n  ilnmiiMnDa,  anil 
made  u  priest,  wid  iiaviaif  mt-eived  order*  by 
pntendcil  aulhorily  f'runi  llw  lev  uT  Rome,  did 
tlie  i()th  day  of  Mnrcb  k«t  mme  into  the  nabn 
of  Fuglanil,  as  it  is  bud  in  the  IndkOiumt.U 
Westltalllam.  in  Ibc  county  of  Dnhy,  and  tJiim 
he  did  abiiie,  contrary  lo  t]w  ferm  of  the  «■- 
lutt^ ;  and  Ihii  it  laid  to  be  tmitrnraualy  dnw. 
Totliis  lie  liatb  pleaded  Not  (iuilty  ;  uul  we 
■Tc  to  prove  ii  npon  him ,  by  the  kin^  i  nridtnet, 
thom  we  are  now  to  call. 

Mr.  Cambfi.  (InttlmBcn  of  Ibe  jttiy,  |«| 
lare  heard  the  Indimmml  read  and  oMnrf, 
■oil  will  prmentlv  ha»«^  it  fully  pnnni,  wid 
highly  ng)^iau4  by  our  i^vidmcv;  for,  pn- 
Iknien,  we  shall  nn>i  t  ibxt  ifar  priwiucr  It  tlw 
bar  iM  uui  only  a  ropiiU  priwt,  but  a  Jefliil,aiid 
this  by  bin  uh  u  coDfbvuuii ;  uid  tliul  bit  hum 
was  inarrted  in  sir  H'illiam  Wabtr's  mnnt, 
nbtiti  bu  L-ame  dnvtn  into  tlil»  country  IowmmIi 
lor  Jesuits :  Tlial  he  bos  beU  a  aecrc't  and  du- 
geroiijt  coiTespondtnte  with  Harcnirt,  Irehnd, 
and  utUer  I'opish  liail>*iB ;  That  he  baa  ben 
tlieir  procuntiir,  and  dishunu:ij  and  rrcnrtd 
grot  nnia  of  BODCjIbr  tiiem. 


CUrk  aFArrmg*.  Cnlpiit,  baw  ink  iboa  ba 
kiT—Brntf.  Br  God  and  tn j  cooatiy. 
CUHc  OodMBddweai^dcliven&cs. 


nStrut.  NotrwewiUMeifyoaralMC- 
fi«M  ba  of  anf  Ircigtit ;  you  hear  tba  laAct- 
nott  read,  which  wai  ut  anti,  hcng  «  nlgect 
af  tbe  UDgi't,  ban  widnn  thia  nalm;  jraa  nay 
ba  BMda  a  pneat  by  the  Btrtbai%  at  Boom,  in 
FngltDi,  Iraitiid,  or  Gvmaaj,  or  any  wtacre 
dH,  and  that  win  make  you  a  pricft  wnhia  thia 
bnr. 

ftarijf  I  am  DO  natiTe,  I  waa  bom  beyond 
tbeaea. 

Baton  rStred.  Your  beiaff  a  natire,  ii  matter 
<f  ftct,  and  mint  bejuored. 

Batiy.  Hyktrd,  Inaralmayhavaiq^or 
phillMglag  tbe  jmy. 

Baran  iSimt.  mwawemuat  ban  tbe  jury 
hdbre  na  first,  before  you  can  cbaUnige  any  « 
that. 

8a  the  ^ury  being  called,  Buaby  challenged 
tanly  near  the  anmber  allowed  by  tbe 


tMpenenaMi^. 


M  Slr»tt.  Hare  a  caic,  Mr.  Boaby,  at 
lyr  fari^  if  joy  thafcnp  pwma|*drily  iiw 


ad  of,  hate  been  dapoaed  aftaiMt  Vm  M 
ondt  at  the  oouodl  board,  and  tbcrenpm  aMi 
warrant  to  a^relMBd  bm  waa  direclid  tiiTk. 
Gifcrt  (a  (rortby  MtUnnui  and  JMtte  if 
peace  of  thia  county.)  Mr.  Gilbert,  a  niilima^ 
wil  piMtly  toll  yon  tbamaanarerbfatifchg 
him  in  an  ubacure  placp  in  tbe  ivef  «f  aoam 
Powtrd'ahonaa  atWealhaUam,  m  ihia  eafM^. 
But  bcra  I  mod  beg  leare  to  dtetaa;  ar  I 
aaum  but  take  notice  of  the  matteioaa  tM|« 
and  baae  piacticea  of  tbii  aort  of  men;  If 
thoi^  Mr.  Gilbert  acted  by  rirtueaf  a  mi> 
raut  froiD  the  Lonla  of  die  coundl,  and  1^ 
naoe  reoeircd  au  appmbatian  framUiM' 
jeMy  cf  what  he  diir,  under  the  hand  (T  i 
aeentary  of  atale,  yet  oould  not  ttma  f*- 
pie  Strtwar  10  iBiH  Uw  and  aoud^m* 
porta  of,  and  make  hb«  aecMaalkna  igiW 
biu,  1^  tbia  very  aoootfal:  bat  wbttM 
they  win  net  do      " 


Mtrataa  fiomdomg  tfaairdi^j  MaatAi 

I  nmftaa,  notfaiMt »  tobe  woMimi  at  dw 

■^ibanm  m«4m  cfiirirhiiiillii|  <H 

at  to  Broceejl,  gin«  mw.  w  ib  Jjin- 

CV4toFimrh«|i«»«IW 
Mi  gMMMt  afllii  M«^« 


«29]       ■'  STATE  TRIALS,  Sd  Charles  11.  1 681. -/or  Nigh  TVeoi&n. 


[530 


woaU  not  suffer  his  nephew,  Mr.  Powtrel,  to 
take  so  much  as  the  osUi  of  allcgfianee,  which 
is  scrupleil  ooly  by  the  Jesuiu ;  for  I  ttiiuk 
their  secular  priests  will  generally  take  it.  Gen- 
tletneD,  the  thing^I  have  already  opened,  are 
matters  of  high  aggravation,  and  come  in  by 
way  of  indicfinent.  Bnt  that  which  in  tliis 
case  we  rely  upon  is  this,  that  the  prisoner  liat 
bsfiCiaecl,  married,  cont*e!«ed,  and  absolved,  in 
the  Popttb  way,  that  he  has  g-ir^u  the  sacra- 
ment, and  said  mass  lery  fi-equeiitU  in  his 
Fopish  vestments ;  and  lur  proof  ot  this  we 
have  a  eloud  of  witnesfies. 

Gentlemen  you  hnir  tlie  prisoner  is  indicted 
upon  astatute  made  in  the  27th  Eliz.  *  which 
makes  it  treason  tor  anv  Mubject  bom  to  take 
orders  from  the  see  of  Home,  and  atterwards  to 
raaain  in  England ;  which  law  1  ooncciTe 
was  not  only  made  for  the  secortty  of  the  170- 
vemment,  Initalso  in  favour  of  the  lay  papists 
themselves  ;  for  though  several  statutes  ivere 
made  to  keep  them  wimin  the  bounds  of  their 
alk^iance,  and  to  secrure  the  ^ovemmiMit  froiu 
their  vilbinoiis  designs  ;  yet  it  was  experiinen- 
lall^r  found  true,  trat  no  dampers  or  peualtics 
whatsoever  couki  deter  or  hinder  them  from 
Dktling'  a^fBingt  the  state,  in  onler  to  brine  us 
bark  agam  to  the  skivery  of  Rome  ;  whilst 
(hose  jutfgling  managers  of  their  consciences 
were  KUTOred  to  come  amongst  us;  and  there* 
fore  1  may  well  call  this  statute,  upon  which 
the  prisoner  stands  indicted,  an  act  of  clmrity 
to  the  coinmon  papists ;  for  it  was  made  to  pre- 
vent the  dangers  they  would othenvise  run  them- 
selves into,  as  well  as  the  nation.  It  is  true,  in- 
deed, gentlemen,  that  the  lively  execution  of  this 
law  has  (hy  the  clemency  of  our  princes,  and  good 
nalnre  of  ^e  government)  been  many  times 
suspended,  and  might  yet  have  continued  in 
the  shade,  had  not  the  jMipish  priests  and  Jesuits 
roused  iqi  this  sleepin<^  lion  against  themselves 
by  a  damnable  and  hellish  plot  against  his  ma- 
^  jesty's  life,  the  true  religion  and  well  estalilisli- 
ed  {(wemment  of  this  nation ;  the  reiJity  of 
which  has  been  confirmed  to  us,  nut  oidy  by 
the  unanswerable  evidence  of  Coleman's  pa- 
pers, and  other  loyal  proofs,  but  also  by  fre-: 
^oent  proclamations,  and  the  uniform  votes  and 
resolutions  of  several  parliaments.  1  may  there- 
fore very  well  borrow  the  words  of  a  great 
man  upon  the  like  occasion,  and  say,  that  at 
this  time  of  the  day  it  is  much  better  to  be  rid 
of  one  priest  than  'many  felons  :  and  therefore, 
gentlemen,  if  our  evidence  shall  make  good 
the  indictment,  I  hope  you  will  do  your  king, 
your  (.-ountry,  and  yourselves  the  ntrht  to  find 
the  prisoner  guilty.  We  shall  call  our  evi- 
dence. Call  Mr.  Gilbert  (who  was  sworn.) 
Pray  tell  my  lord  and  the  Jury,  what  you  can 
tay  concerning  the  prisoner  a't  the  bar. 

GUbert.  My  lord,  I  dwell  within  two  miles 
of  Mr.  Powtrel *s  house  at  M'est-Hallam,  the 
phuse  where  the-  prisoner  was  taken,  twd  have 
iieard  that  he  hatn  been  a  priest  in  that  tiuuily 

*  The  Statute' is  inserted  in  the  Case  oi'  Dioni- 
Buch,  vol.  7,  p.  7Qtj  of  this  CoUertiou. 

vol.,  vni. 


I  six  or  seven  years,  thongh  1  did  never  know 
I  him  personally,  nor,  to  the  best  of  my  knowledge 
ever  saw  him  till  i  apprehended  him,  ^hiuh 
which  wai  the  10th  of  March  kist,  the  very 
day  on  which  ilie  judges  went  out  of  Derby  the 
last  Lent  assiises  ;  the  first  cntiuiry  I  made*aiWr 
liiiu,  was  oocasioiied  by  a  letter  and  a  mes- 
-  sengev  from  sir  Siinou  liegg,  about  November 
1  107H,  at  wliich  time  I  sent  a  warrant  to  the 
i  c«>iiKtable  at  West-HuUain,  to  search  for  the 
i  said  George  Busby,  but  he  could  not  tiien  be 
:  found ;  at  that  time  it  was  reported,  that  he 
was  a  Jesuit,  and  concerned  in  the  plot ;  whicli 
1  hail  reason  to  beli«;ve,  bei^aiise  when  Mr,  Gray 
came  to  search  Mr.  PovitreFs  house  for  some 
Jesuits  the  January  folloMini^,  by  onler  from 
tlie  lords  of  the  council  (in  which  service  he 
commanded  me  to  attend  him),  we  perceived 
Airs.  Powtrel  (who  is  Busby's  niece)  tp  be 
much  troublcti,  and  in  a  great  passion,  the 
cause  whereof  Mr.  Powtrel  <teclai-ed  tt»  be  for 
tear  the  said  search  was  uuulo  liir  her  imele 
Busby j  who.  as  i  heard  al'tcrwards,  was  tlieu  in 
the  h<»use,  tiiough  at  tliat  time  he  was  reported 
to  be  lied. 

However,  the  govcmmcnt  had  a  jealous  eye 
<ui  this  Busby  atM>ut  two  years  ago,'  as  may 
appear  by  a  warrant  from  the  Lords  of  Uhi 
Council,  which  warrant  I  have  ready,  und 
humbly  pray  your  lordship  it  may  be  read 
openly  in  court. 

fiaron  Street,  Let  it  be  read. 
Clerk.  '*  Whereas  iufomiatiou  hath  been 
civen  to  his  m^esty  in  council  upon  oath,  That 
George  Busby  late  of  West-Hallam,  in  the 
county  of  Derby,  is  a  reputed  priest  and  Jesuit, 
and  has  had  a  consideiaole  part  in  the  late  con- 
spiracy against  the  life  of  his  sacred  majesty, 
and  the  peace  of  the  government ;  these  are 
therefore  to  will  and  riH|Uirtt  you  to  repair  to 
the  place  aforesaid,  or  where  ever  ekethe  said 
George  Busby  shall  be  found,  and  him  to  «eize 
and  apprtliend,  aud  convey  to  the  next  county- 
gaol,  tnere  to  remain  in  cfuse  custody,  until  he 
shall  be  delivered  by  the  due  iHiurse  of  law. 
And  all  mayors,  sheriffs,  justices  of  the  peace, 
constables,  and  other  his  majesty's  officers  and 
loving  subjects  are  to  be  assisting  unto  you  in 
the  execution  hereof,  as  tliey  wul  auKw^r  the 
i  contrary.;  for  which  tliis  sliall  be  yoiu*  war- 
!  itiiit.  Dated  at  the  couucil-chamber  in  Wliite- 
!  hall,  the  191hday  of  March,  l(j78.  Worcester, 
I  ('larciidon,  Aylsbuiy,  II.  London,  Sunderland, 
(  Kijsex,  Falcoubridgo. 

i  **  John  Nicholas." 

{  **  Indorsed  to  Heni-y  Gilbert,  esq,  at 
I      Locko,  in  the  county  of  Derby." 

1  l*heu  Mr.  Gilbert  pn)ceeded. 

i  -Vlr.  Gilbert.  My  lord,  1  rcceivc^l  this  order 
j  on  {Saturday  tlie  i^id  day  of  March,  1678. 
i  And  (in  Suiiday  afternoon  I  sent  to  Mr.  Juhn 
j  J5agnali  o(*  Derby,  wh(»  was  tlieu  undcr-sheritf, 
i  re(|UJi  ing  him  to*  meet  ine  early  on  Monday 
the  24th,  at  Mr.  Po\i tic Ps  house  at  Wefit-Jlaf- 
laiu,  about  some  earnest  business  lately  sent 
down  from  the  lords  of  the  cuinicil,  wherewith 
'2  M 


53 1  ]      STATE  TRIALS,  33  Charles  il.  1 68  U^TriMi  of  Gtm-ge  Buify,      [S3^ 


I  would  acquaint  liiin  at  our  meeting:  As  soon 
as  he  came,  1  shewed  him  the  warraol ;  after 
whicbwe  searched  Yery  diligently  in  every 
pla^  we  could  we,  hut  could  not  find  him  ; 
thoucrh  aherwards  I  was  informed  he  was  in 
tlie  House  at  tliat  time  also. 

Almiit  August,  1679,  Mr.  Powtrel  obtained  a 
ticence  from  his  majesty  to  travel  beyond  sea, 
and  it  was  confidently  rejMirted  by  the  papists, 
that  this  Mr.  Busby  was  ^one  over  too,  mso- 
much,  tliat  w  hen  sir  W.  Waller  came  into  these 
parts  in  January  1079,  with  warrants  to  search 
tor  Jesuits  (in  one  whereof  I  saw  Busby's 
name)  and  would  have  searched  at  Hallamj^  I 
dissuaded  him,  and  did  assure  him  1  believed 
he  was  gone  beyond  sea,  and  told  him  how 
oDon  I  hail  searcheil  for  him  in  vain  ;  where- 
uiKin  sir  W.  Waller  diverted  to  another  place, 
tliougli  I  have  been  infbraieil  since,  that  Busby 
was  never  out  of  England  since  the  discovery 
ol*  the  Plot. 

But  about  Christmas  last,  and  since,  I  having 
had  notice  that  Busby  was  in  England,  and 
imrticularly  at  West>Hallam,  and  had  been 
seen  last  corn-harvest  to  walk  in  Mr.  PowtreVs 
garden  with  one  Anne  Sin  alley,  a  widow,  I 
thought  it  my  duty  to  nmkc  it  my  further  en- 
quirv  after  him,  which  I  did  on  the  first  day 
of  March  last,  and  vame  to  the  house  to  buy 
some  wood  for  my  coal-pits,  and  then  brought 
five  or  six  |)ersons  w  ith  mo,  and  sent  for  the 
constable  to  help  aie  to  search  for  him,  which 
we  did  most  pail  oft  lie  afternoon,  but  coidd  not 
find  him,  thout^h  he  was  seen  to  bo  walking  in 
the  ganion  vi  itJi  tho  said  Anne  Smalloy  when  [ 
eame  first  into  tlic  houbo,  as  1  was  al\envai"ds 


should  do  widi  them  ;  lie  told  me  they  muil 
be  burnt,  according  to  law;  I  tntieated  his 
favour,  that  I  might  lend  them  agua  to  the 
same  pbce,  for  two  or  three  dayB,  to  make  the 
priest  more  confident,  thatj  might  better  ap- 
prehend luin ;  he  told  me,  he  ouuU  give  no 
such  permission ;  but  insisted,  that  they  ought 
to  be  destroyed. 

When  all  the  business  was  done  at  die  as- 
sizes on  the  <Town-side  (where  I  waa  obliged  to 
attend)  on  March  the  15th  dayatnij^ht,  1  went 
to  the  judge  agaui,  and  craved  his  lordship's 
pardon  for  presuming  to  send  back  the  popi^ 
things,  contrary  to  his  opinion  ;  but  aoatiainled 
him  that  I  intended  to  go  afler  them  to 
West-Hallam  that  night,  imdif  I  could  not 
catch  tlie  priest,  I  resolved  to  bring  the  same 
things  again  ;  and  after  I  had  asked  his  lord- 
ship some  questions,  and  received  his  directiom, 
I  came  to  my  own  house,  and  went  about  elevea 
of  tho  dock  ot  night  (with  some  company  to 
assist  mo)  to  UaUam,  and  set  two  men  to  watcJi 
m  the  garden,  and  one  in  the  chu^h  yai^ 
(joining  to  another  pide  of  the  house)  to  see  if 
ihoy  I'ouM  spy  any  li^ht,  or  hear  any  walldpg 
in  the  lufts  or  false'fioors,  wheu  I  made  a  noise 
on  tho  other  side  of  the  lioiise.  I  sent  a  maa 
before  to  call  up  the  constabl^  and  when  ht 
and  two  or  three  more  came,  I  knocked  at  Hn. 
Anne  Smalley's  window,  aliout  twelve  of  Iht 
clock  in  the  night,  and  said  aloud,  Mrs.  8ma&ej 
oixm  the  doors,  I  am  <;onie  to  search  for  a^ 
pish  prii^t.  She  started  up,  and  said,  Wbo 
was  tliere  ?  I  told  her,  it  w^  I,  she  knew  me 
veil  onougli,  1  dwelt  at  Locko.  Then  I  staid 
a  pretlv  space  of  time,  and  called  aloud  to  her 


Smalley  for  him,  slie  aila-int-.i  with  many  jini- 
testations,  that  he  was  iu  Fiaiulers,  and  not  in 
Eiip['Iaud,  and  tbat  if  1  had  any  business  with 
him,  I  must  go  I/oyondsca  to  him,  for  she  had 
i\ot  Keen  hiin  tor  alM)^e  two  years  ;  though  she 
had  helped  to  <H)!ivey  hiin  out  oftiiCirardeu 
into  his  hi(lin;i^-h(ile,  i)ut  a  few  miuutos  bofon.' : 


informed  ;  but  wh(  ii   I   asked  the  said  Anno  |  ai^uin,  aad  spoke  the  like  words :    but  by  tint 
*-*—-"      ^'     * '        •       '^'        »      •'  time,  r  suppose  she  and  her  bedfellow,  Mn^ 

Jiraykfoni,  were  gone. to  g^ivc  the  priest  notice 
audio  help  him  to  his  hiding- hole,  forno  bodv 
answered  mc ;  then  after  a  pretljf  space,  1 
called  to  her  a  third  time,  and  required  her,  in 
the  kind's  name,  to  o]>en  the  doors,  for  I  wss 
come  to  search  for  Ijusbv,  the  Jesuit,  wlio  wss 
liowever,  I  j>roeecd«d  iu  my  search,  and  found  !  a  tniitor  by  law,  and  if  she  would  not  open  the 
iu  the  ehaiuher  uhero  Husby  lodged,  a  crimson  doors,  I  would  cause  the  constable  to  force  them 
damask  Vi:>tn)<!iit,  wherein  was  packed  up  a  [  open  ;  and  whuii  1  could  have  no  answer  from 
stole,  a  manijik- of  the  same  (as  tho  Papists  enll  her,  1  went  to  Juseph*s  Dudley's  chaodier 
thiiii)  an  altar,  stoiu',  surplice,  and  a  box  of  w iudow,  and  eallinl  there,  charging  him  in  the 
wafers,  niu"'i»- books,  and  divers  other  popi-sh  i  kiuir' s  uame  to  open  the  doors,  but  no  answer 
things:  Then  1  told  Mrs.  Ihayisfoni  (a  kins-  i  at  all  was  retunied  ;  for  he  also  was  gone  into 
woman  of  Mr.  Powirel's)  and  the  said  Anne  the  prio'-s's  ehamher,  and  found  AnneSmalley 
Siuulky,  thos*Mhiii«fs  did  si<»nify  that  a  priest  hus\  iu  helpuig  Bushy  to  secure  himself,  as  tlie 
bolo;!L:*e(l  to  the  hoiise  ;  tor  the  l.-ook  hail  been  saiif  Joseph  Dudley  did  atierwards  inform  me. 
lately  used,  a^  ^^  a.-;  ii|)paient  hy  the  strin«jf  whi  'h  Alier  1  had  st;ii(f  about  a  quarter  of  an  hour 
^v  as  put  ln'twixi  i\\  o  it  a%  es,  \%  liereof  Festa  Fe-     I  eoiumnjxled  the  constable,  in  the  king's  name 


bn:arii  was  on   the  on<*  side,  and  Festa  Martii 


to  break  the  doors  o})en,  which  was  done ;  and 


was  on  thf  eih-r  si.|»; ;  hut  they  stiflly  aliirnied  >\  lieu  we  chiue  into  the  priest's  chamber,  Ifound 
ili;il  no  priest  hail  been  there  of" above  tuo  years  the  tire  had  l)ecn  lately  extinguished,  the  coon- 
bL:'ere,  :Mi(i   ieere<l  uie  ^iien    1    eonld   not  lind     ternain  and  the  blankets  laid  in  confused  heaii» 


him,  and  .siiiil,  ii"  there  wa^  a  pri4*st  iu  the  house 
why  th(i  I  not  t:'.';e  hi»n  / 

W  lion  I  had  done  seareinn:^',  and  e»)uld  not 
find  him,  1  took  auay  the  \e<tineni,  and  other 
thin:;  :,  wliich  1  broui^ht  to  the  assiy:es,  a  fort- 
niofht  alter,  and  did  ask  Mr.  Justice  Charhon 
(who  came  that  circuit)  Ids  opinion,  what  i 


pain  and  liie  niaiiKeis  laiu  m  conrusea  heaps 
on  the  l)ed.  and  K<mie  part  of  them  warm,  and 
some  part  cold  ;  the  up}>er  part  of  the  feather 
bed  was  eold  ;  which  1  wondered  at,  then  I 
put  my  ha*id  underneatli,  and  the  bed  WM 
warm  I  for  they  had  turned  it.  I  looked  for 
the  pillow,  sheets,  cap,  'Sec.  but  Anne  Smalley 
(as  I  w  as  afterwards  informed)  had  taken  them 


S33]  ^TATE  TRIALS,  33  ChablesH.  \6Sl.—far  High  Treason.  t^34 


into  the  diainber  where  she  lay.     I  a&ked  bcr 

diTcn  qiiesiioiis  about  the  person  that  had  lain 

in  that  bed  that  night,  and  particularly,  whether 

or  no  H  was  not  BiuW  ?   8lic  U)ld  me,  no 

body  had  lain  in  that  bed  that  night ;  I  told  her, 

1  WIS  sure  some  person  had  lain  tliere ;  for  the 

ftither  bed  was  warm  on  the  under  side :  she 

tonk  many  protestations,  that  nobody  bad  lain 

there  of  £vcrs  nights  before :  I  replied,  if  she 

mmU  discover  the  person  who  had  lain  tliere, 

it  wouM  save  her  and  me  much  trouble :  but 

vben  all  J  conid  say  would  not  prevail,  I  told 

htr,  I  must  searcb,  for  T  was  confident,  that 

Bnby  was  in  the  bouse,  because  she  would 

oM declare  who  it  was  that  lay  there. 

Ibegan  to  search  about  one  oV'Iuck,  and 
cntbnied  till  after  ten  next  morning  before  I 
CMild  find  him  :  and  though  ihc  watchers  in 
the  garden  told  me,  they  heard  bis  paces  and 
Heyi  rety  plainly  amongst  the  lof\s  and  false 
fliQis,  and  described  on  the  oiit>si;le  of  the 
the  place  where  they  la>{t  heard  him, 
the  space  of  nine  or* ten  foot  uherc  he 
d ;  yet  were  we  almost  so  many  hours 
Ubewe  could  iind  him. 

Atkst  when  the  searchers  were  almost  all 
MtAone  8raalley,  and  others  of  the  family, 
■ooMtf  08,  and  asked,  What,  ba\e  you  not 
fcailm  yet?  You  said  thei-e  was  a  priest 
hllrhiNfle,  why  du  you  not  find  him  tlien  1* 
Whf  do  you  not  tskeliim  ?  I  said.  All  in  good 
kM  was  resolved  to  find  him,  or  starve 
fatal:  Nay,  the  foot-ljoy  of  the  house,  see- 
%ayserrant  look  within  the  kitcheif-chim- 
■7,  where  there  hung  a.  port- mantle,  said, 
^■bg  10  my  man,  Look  if  be  be  not  in  the 
|M«tttle. 

Hv  tiioae  persons  had  pleased  themselves 
AfMlwhile  with  mocking  us  for  um*  disau- 
f  fvtaoit,  I  persuaded  two  or  three  of  tlie 
tMfcm  once  again  to  climb  u]>on  the  lufts 
^  Midi  I  could  not  do  myself,  by  reason  of  a 
^  WMH  in  my  shoulder),  and  look  well  near 
2  ie  fiboe  wnere  Busby's  last  steps  were 
^  Ion.  Which  when  they  had  done  sonic 
^  vUe^  and  found  nothing,  I  took  my  swortl 
Id  Mabbard,  being  in  the  room  underneath) 
id  knocked  on  the  plaister* floors  over  my 
b4  and  caused  them  to  answer  me  with  the 
ve  knffrking  as  near  the  same  place  as  they 
mhU,  and  when  we  had  examincil  the  floors  in 
iii  Banner,  I  knockeil  near  imto  a  stack  of 
ine  chimneys,  but  they  could  not  answer 
■ilhiB  a  yard  ;  1  knocked  again  in  two  ur  tlirec 
ihea  near  the  chimneys ;  yet  still  tiiey  cimld 
M  iMwer  near  tbos<?  places,  but  told  tuv. 
As  was  nothing  but  tilt-s  and  roofing ;  1  bid 
%■  break  opeu  those  tiles,  which  they  did, 
■I  Mpied  under  them  a  wotMh'n  door,  and  a 
■hinm  liinge;  1  Ind  them  break  the  d<M>r; 
Iha  one  of  the  searchers  put  i^  his  hand  into 
iWe  bole  that  was  broken  in  the  dour,  and 
wahat',  then  he  told  me  some  boilv  was  in 
iHflMe,  for  a  man  had  thrown  his  Iiaml  ufT 
|iMt;  dm  1  cauaiiljtfatiu  to  break  open  the 
Mnoe,  which  when  they  had  done,  lUishy 
fifto'tlKen,  and  dfSsifed  them  to  be  civil ; 


when  they  told  me  what  he  said  to  tliem, 
I  charged  tliem  to  be  civil  to  him,  and  bring 
him  to  me,  which  they  did.  Then  I  arrested 
him  in  his  majesty's  name  for  high  treason, 
and  after  he  had  refVesbed  himself  a  little,  I 
told  him  he  iuust  get  on  his  boots,  and  pre- 
pare himself  to  ^o  to  Derb}'. 

Soon  after  bis  apprehension,  (I  perceiving 
him  to  be  a  little  dismayed)  I  encourageil  him 
and  caid,  he  should  have  all  the  favciur  a  i>er- 
son  in  his  circumstances  coulil  expect ;  for  I 
told  him,  I  understood  he  was  a  gentleman  of 
a  ^ood  family  in  Buckinglumishire  or  Oxford- 
shirc,  and  that  his  brother  lived  at  Coddington, 
in  Oxfordshire,  which  he  acknowledged,  and 
thaiiked  me  for  my  civility. 

][  ^f-assowell  satisfied  that  we  had  apjire- 
bended  him,  after  much  tedious  watching  and 
searching,  that  I  ne\'er  thought  of  sending  any 
man  to  look  what  was  in  the  hiding  hoki  with 
him  ;  but  aflcr  an  hourV  stay,  or  thereidinuts, 
I  took  him  away  from  Ilallam  betucen  eleven 
and  twelve  o'clock  on  the  16th  of  March  last, 
and  brought  iiiui  to  Derby  between  one  and 
two  o'clock  ;  where,  after 'I  had  taken  his  ex- 
amination, I  !nade  a  Alittimiis,  and  committed 
him  to  Derby  gacd. 

On  Saturcfay  following,  I  writ  a  letter  to  Ox- 
ford to  the  right  honourable  the  earl  of  Con- 
way, one  of  his  maiesty's  {iriiicipal  secnnaries 
of  state,  informing  his  lonUhip  of  the  appre- 
hending and  commitment  of  Busby,  anil  in- 
closed a  co])y  of  his  examination,  to  which  his 
lordship  writ  me  a  letter  in  aus\^'er,  that  he  had 
acquainted  his  majesty  with  my  proceedings, 
who  did  very  well  approve  of  what  1  had  done. 

Btishif.  My  lord,  I  am  an  alien,  bom  at 
Brussels. 

Baron  Street.  Was  your  father  of  that  place  f 
It  is  a  very  good  family. 

Buibi/.  My  father  lived  at  Coddington,  my 
mother  was  an  heiress,  and  here  is  an  affidavit 
ready  to  be  produced  of  what  children  my  fa- 
ther had  before  he  went  beyond  sea,  born  at 
C'oddington,  out  of  the  register  of  that  pbce ; 
I  have  had  no  time  to  bring  a  particular  certi- 
ficate where  I  was  bom,  and  vnihi  other  chil- 
dren my  father  had  beyond  sea ;  my  father 
went  over  aUiut  the  beginning  of  the  troubles, 
and  1  am  about  40  years  of  age. 

After  the  Judge  had  told  Busby  of  the  Act 
for  Naturalization, 

Mr.  Busln/,  I  suppose,  my  lord,  that  act 
may  stand  good  as  to  privileges  of  the  subject, 
but  ntit  as  to  |)eiiaities 

Ibiron  Sirtrt.  Y<'s,  as  to  all  intents  and  pur- 
poses :  Head  the  Aet  29  C  ar.  *2,  cap.  C 

»*  An  Aet  tor  the  Natumli/ing  of  (^bildrcn  of 
his  Majesty's  ICnt^tish  Subji'fts.  born  in 
foreign  CNmntries  during  the  late  Troubles. 

*'  'Whereas  during  the  late  unhappy  troublfS 
in  Kngland,  wliifli  '  t*gim  i'«  the  year  of  our 
Lord,  loll,  and  co;...iu€ii  until  il'  I'MieoI'liis 
majesty's  must  happ\  restoration,  divers  of  liis 
majesty's  English  subjects,  as  well  of  the  uo- 


53o]       STATE  TRIAI^,  33  Charles  II.  l6si^Trial  of  George  Butbg,      [536 


bility  as  others,  did  either  by  reason  of  their 
attendance  u^hju  his  majesty,  or  tor  fear  of  the 
then  usurped  powers,  reside  id  parts  beyond 
t]ie  seas  out  of  his  majesty's  dommions,  and  it 
may  hereatler  become  difficult  to  make  proof 
of  the  occasion  of  such  their  residence :  N'ow 
for  preventing  of  all  disputes  and  questions  that 
may  arise,  whether  tlic  children  of  such  iiis 
majesty^s  subjects  of  this  realm  arc  natural- 
bdi-n  subjects  of  our  sovcreicrn  lord  the  king^, 
uud  to  express  a  due  sense  of  the  merit  of  all 
such  loyal  jiersons  as  out  of  their  duty  and  fide- 
lity to  nis  majesty  and  his  father  of  blessed 
memory,  did  tort^o,  or  were  dri\en  from  their 
native  country : 

"  Be  it  declared  and  enacted  by  tlie  King's 
most  excellent  majesty,  by  and  with  the  con- 
sent of  the  Ijords  spiritual  and  temporal,  and 
the  Commons  in  this  present  parliament  as- 
sembled,   and  by  the  authority  of  the  same, 
That  Charles  (ierard,  and  Ehzabcth  Gerard, 
children  of  the  right  honourable  Charles  lord 
Gerard  of  Brandon,  Trevor  Whelor,  and  Do- 
rothy-Elisabeth Wilder  children  of  sir  Charles 
Wlieler,  baronet,  Ann  Ravenscrot)  tiie  wife  of 
Edward  Ravenscrofl  of  Bretton  in  the  county 
of  Flint,  esq.  ;  one  of  the  daughters  of  sir 
Richard    Lloyd,    knight,    deceased,    bom   at 
Calais  in  France,  and  all  other  persons  who  at 
any  time  between  the  14th  day  of  June  in  the 
said  year  ofonr  Lonl  1(341,  and  the  ?'lth  day  of 
March  in  the  year  of  our  Lonl  1660,  were  born 
out  of  his    majesty  N    dominions,   and    whose 
fathers  and  mothers  were  natural  bom  subjects 
of  this  realm,  an*  hcn-by  declared  and  shall  for 
ever  bo  e^steoined  and  lak«*n   to  all  intents  and 
purposes,  to  1)0  and  to  lia\«^    been   the  natural 
born  snbjwis  of  i\\\<  \i\v,'j^\ony  ;  and  that   the 
sai<l  children,  and    all    other  per«;ons  Inirn  as 
aforesaid,  and  overv  of  them,  are  and  jhIkiU  Im* 
adjiidgcil,  repul'.'d,  and  taken  to  be  and  to  have 
been,  in  every  r('spc«i  and  degree,  natural  Imhu 
subjects,  and  fn-e  to  all  intents,  purposes,  and 
constructions,  as  if  tlu-y  and  e\cr\  of  them  had 
been  born  in  Kn^iund. 

•'  And  be  it  furilur  cnacteil  and  declared  by 
the  anthority  aforesaid,  That  the  children,  and 
otIi'.M  |MMs*.Mis  a^  aforesaid,  and  c\rry  of  tlnin, 
shall  be,  and  are  hereby  enabled  and  adjud<red 
able,  to  all  intents,  constructions,  and  purposes 
what'ioever,  as  we'l  to  deruiind,  as  to  have  and 
enjoy  any  titles  of  honour,  niano.-  s,  lanils,  te- 
nements, and  hemlitaments,  and  all  other  pri- 
vileges and  immunities  belongiiuc  to  the  liege 
|)fM)ple  and  natural  subjects  of  this  kingdom, 
and  to  make  fiis  or  their  rttfiort  or  peiligrecs  as 
heir  to  his,  their,  or  any  of  their  ancestors, 
lineal  or  colJH'eral,  by  reason  of  any  tlescent, 
remainder,  reverter,  right,  or  other  tit^e,  con- 
^eyaiH'e,  leg;icy,  or  iHMpiest  whatsoever,  which 
hath,  may,  or  shall  descend,  nMnain.  re\ert, 
accrue,  come  or  grow  unto  tbf!  said  child icii, 
or  pers<»ns  Imhu  as  nfoiies)iid,  or  any  of  them  ; 
as  also  to  have  and  enjoy  all  manors,  lands  and 
tenements,  or  «»ther  1 1  credit  a  men t.s,  by  way  of 
purchase  or  gill  of  any  |>erson  or  p(TS(»ns  wbat- 
soc?er ;  as  also  to  pnisecute,  pursue,  maintain, 


avow  and  justify  a!l  and  all  manner  of  tctkNWf 
suits  and  causes,  and  all  otlier  thinga  to  do  ai 
lawfully,  liberallv,  freely  and  fully,  as  if  the 
said  children,  and  the  persona  bom  as  aforesaid, 
and  every  of  them  bad  been  bom  of  Englisfa 
parents  uithin  tliis  kini^^om,  or  as  any  otbei 
person  or  peiiions   bom  within  this  lungdmi] 
may  lawfully  in  any  wise  do ;  any  law,  act 
statute,  provision,  custom,  or  other  thing  what- 
soever, had,  made,  done,  promulged,prodainked. 
or  provided,  to  the  contrary  thereof  m  any  wi« 
notwithstandine: ;    provided   always,    tlial  ik 
person,  other  than  tne  persons  expressly  named 
in  this  act,  shall  have  any  benefit  thereby,  ex- 
cept such  person  shall  within  seven  years  nexi 
ensuing,  receive  the  Sacrament  of  the  Lord*! 
Sup^>er,  and  within  one  month  next  after  suet 
i^Tciving   the   Sacrament,   take  the  oaths  oj 
Allegiance  und  Supremacy  in  some  of  his  ma- 
jesty's courts  at  ^Westminster,  and  deliver  bte 
the  court,  at  the  same  time,  a  certificate  of .^udi 
his  receiving  the  said  Sacrament,  and  tbeo 
make  proof  thereof  by  witnesses  to  be  examin- 
ed viva  7.'or<rupon  oath. 

*'  And  be  it  further  enacted,  Tliat  no  person 
or  persons,  other  than  the  persons  exmeadj 
named  in  this  act,  shall  have  any  hencDi 
thereby,  imtil  he  or  they  shalf  have  receivfd 
the  Sacrament,  and  made  proof  thereof  Inroer" 
tificatc  and  witnesses,  ana  taken  the  said  ostii 
in  manner  aforesaid. 

''  And  lor  the  better  manifestation  and  prod 
of  such  qualifications  us  may  entitle  any  penoa 
to  the  benefit  of  this  act,  which  in  process  ol 
time  may  be  %ery  hard  to  be  pro\ed:  Be  it 
further  enacted,  That  any  ptT.son  having  re- 
ceived the  sacranient,  and  uiade  pro<if  thereoi 
by  ccitificate  and  witnesses,  and  taken  the  sai<i 
oaths  Mitliin  the  time  aforesaid,  in  any  ol 
his  maj<.>sty's  ccnirLs,  in  manner  aforesaid^ 
sliall  and  may  l>e  admitted  to  make  |iroof  oi 
such  his  qnalitication  in  the  said  court  by  wit- 
nt^sses  vi\:tt  v(^e  to  Im?  examined  upon  oatli ; 
and  if  he  shall  make  proof  thereof  to  the  sativ 
fa<*tion  of  the  sai<l  court,  he  shall  thereu|ioc 
have  a  ortificate  thereof  under  the  seal  of  th< 
said  court,  to  be  likewise  enrolled  in  the  saif 
court,  and  for  ever  atWr  U]Km  slicwing  sucl 
eertiiicate  or  enrollment  thereof,  e%'ery  sucl 
i»erson  shall  have  full  benefit  of  this  biw,  ss  i^ 
lie  had  been  therein  expressly  named.'' 

Damn  Sfrrcf,  Then  you  are  a  natural  bon 
subject  by  the  late  act  oV  |NU*liament ;  whereby 
it  appears  that  all  persons  Inirn  abrood  in  tb< 
late  troubles,  who  went  outof  this  kingdom  b^ 
reason  of  th<*ir  sufTeriogs  for  the  king,  aT 
mado  natural  born  subjects,  as  if  bom  here. 

Then  Joivph   Dudley  was  called  and  swof 

Baron  Street.  Joseph  Duilley,  do  you  luK*^ 
the  prisoner  at  the  bar?  Ijook  U|ion  liim. 

Dutlley,  I  have  known  him  these  six  ve**' 
and  more,  to  In'long  to  Mr.  Po-.^irel's  at  We^ 
Halluni  to  a^  hoin  I  was  at  that  time  a  servant 
where  he  nfiiciate<l  as  a  priest,  and  was  kept  tfl 
do  that  ofiicc ;  where  I  have  h«ard  him  0*7 


SS7]  STATE  TRIALS,  33  ChaBles  II.  iGsi.^ar  High  Treoi&n.  [53S 


mus,  preach,  pray,  aiid  hare  seen  ten,  twen^, 
or  thhty  or  more  "at  a  time  before  him  in  the 
chapd  there,  when  he  hath  officiated  with  his 
priestly  robei  upon  him ;  and  likewise  seen 
children  brought  to  be  christened  by  him, 
others  to  be  catechised ;  which  lie  frequently 
did,  as  if  he  had  been  a  parish  priest,  but  with 
what  privacv  he  could :  And  I  myself  have 
taken  care  ol^tbe  doors  at  such  times,  which 
care  they  left  to  roe,  though  I  was  not  of  tlietr 
ophiinn  ;  yet  upon  my  promising  to  be  so,  they 
did  repose*  that  trust  and  confidence  in  me. 

Banrn  Street,  Tell  us  what  you  know  con- 
cerning Mr.  Busby's  beinc  an  alien,  as  lie 
pretends,  which  I  c«innot  believe. 

Dudlejf.    He  tells  you,  that  when  the  civil 
wars  were  here  in  England,  his  father  and  mo- 
ther,  with  their  family,   went  beyond    sea, 
where  he  was  born  ;  but  my  lord,  in  discnurs- 
u^  witli  my  master  and  others  of  the  late  H'ars, 
1  have  heard  Mr.  Busby  relate  what  happen- 
ed to  their  family  in  those;  times,  and  tliiU  their 
brase  was  iiften* plundered,  and  his  father  and 
mother  living  at  Coddington  in  Oxfunlshire  (as 
keteUs  you)  the  iirst  time  the  soldiers  came  to 
fhmder  the  house,  he  was  aliout  two  years  okl 
or  wore,  and  being  fri^rhted  at  the  sofdiers,  he 
Mi  hkiiself  behind  the  bed  in  the  curtains,  so 
tbit  while  they  were  there,  none  of  the  house 
kaeir  where  to  find  him,  which  made  them 
Uieve  that  the  soliliers  had  taken  him,  or  made 
him  away ;  but  when  the  soldiers  were  gone, 
kis  mother  and  some  of  the  family  lamenting 
fer  bim  in  her  chamber,  he  hearing  them,  ap- 
Kued ;  80  that  with  great  joy  tliey  received 
km.    My  lord,  I  tliiiik  the  pUoe  was  Cod  < 

S;kmi,  where  he  telb  you  his  mother  lived, 
that  it  was  her^s,  shebeing  an  heiress.  At 
hut  I  am  yery  certain  I  have  heard  him  speak 
rftbe  nlaoe  where  he  was  bom,  to  be  m  or 
ihait  Oxfordshire,  I  think  it  was  Coddington  ; 
ftr  h  ii  the  place  where  Mr.  Charles  Busby 
kii  eldest  brother  now  liveth,  and  he  saith, 
ibM  from  thence  his  father  and  mother  went 
kyondiea. 

Bnby.  When  did  you  liear  me  ^Uscoursc 
W  ludi  thing  as  you  hare  related,  and  with 
*Mm;  you  s[»eak  this  by  hearsay,  do  you 
Ht? 

Dudley.  Several  times  with  my  master  and 
tdtm,  as  I  said  before,  when  they  have  been 
tdking  h  w  some  families  have  been  ruined  by 
ike  great  oppressions  of  those  time's,  some 
kdng  plundeied,  others  sequestered,  and  forced 
li  Mve  their  estates  and  friends,  which  you 
live  Slid  .was  your  mother's  case  ;  for  their 
|Rtt  sufferings  forced  them  to  go  from  their 
ova  house :  And,  ray  lord,  when  he  was  about 
iiv  years  old,  he  did  also  say,  that  he  could  re- 
Wnber  soldiers  coming  again  to  plunder,  and 
k  beiBg  at  that  time  in  the  garden  or  orchanl, 
kdid  hide  himself  in  the  hc»ge,  where  he  did 
ttBliniie  till  they  were  gone,  and  then  he  came 
tab  when  it  was  late  in  the  evening ;  but  his 

tMbcr  nor  any  of  the  family  knowing  where 
tUt  did  very  much  fear  tbey  had  lost  him ; 
whm  he  came  te  them,  tliey  were  not  a 


little  joyed ;  but  aflcr  this  they  went  immedi- 
ately beyond  sea,  and  took  him  with  them, 
where  his  mother  continued  several  years  and 
had  several  children  there,  the  which  I  have 
heard  him  say  of  himself,  and  of  her  being  at 
Brusseb. 

Baron  Street,  Mr.  Busby,  the  evidence 
says,  that  you  told  a  story  of  your  mother's 
house  being  plundered,  ana  how  you  hid  your- 
self in  the  curtains  when  you  was  two  years 
old,  and  in  the  eardcn-hcdge,  when  five  years 
old,  fbrfearof  the  soldiers,  and  tliat  soon  aflcr 
your  mother  went  beyond  sea,  where  she  had 
several  cliildren,  which  yourself  told  from 
your  own  mouth,  and  he  had  it  not  from  otlier 
people. 

Baron  Street.  But,  Air.  Dudley,  What  can 
you  say  as  to  his  being  a  priest  or  jesnit  ? 

Dudlcj/.  My  lord,  my  master  and  his  family, 
and  all  papists  that  werv  acquainted  with  him, 
ever  owned  him  to  be  a  Jesuit ;  and  several  of 
them  have  many  times  told  me  so :  Besides 
he  himself  has  owned  that  he  was  of  the  socie- 
ty of  Jesus,  particularly  one  time,  when  I 
slioukl  have  been  his  C4)nvert ;  telling  me, 
While  1  was  out  of  the  true  faith,  I  could  not 
be  saved  ;  and  there  was  no  way  to  be  saved, 
but  by  believing  the  catholic  church,  which 
was  the  Roman  catholic,  as  tradition  makes 
appear  ;  for  (jimI  help  me,  I  was  a  poor  heretic, 
and  led  by  weak  and  blind  pastors ;  for  they 
had  their  religion  only  from  Calvin  and  Luther, 
and  every  silly  fellow  was  made  now  a  preacher 
of  the  gospel,  before  he  understood  it ;  but  that 
he  and  all  Jesuits  were  fifteen  years  labouring 
in  their  studies  aiul  degrees,  before  they  came 
to  be  ordained. 

Buitbj/.  I  pray  you,  where  and  when  was  it  I 
said  all  this  to  you  ? 

Dudley,  In  the  ganlens  at  West-Hallam, 
wliere  my  master  Mr.  William  Powtrel  and 
Mrs.  Anne  Hmalley,  after  great  persuasions, 
sent  me  to  you  ;  and  told  me  they  had  sent 
you  before  ;*  and  that  I  should  find  you  there, 
where  1  did.  And  your  first  discourse  was  of 
the  ^rdens,  withal  giving  me  a  description  of 
the  Jesuit's  college  in  Laege,  where  you  did 
^Bs  J  remember)  own  your  receiving  orders. 
Besides,  1  have  heard  my  master,  Mrs.  Smal- 
ley,  31  rs.  Winifrid  Attwoo<l,  and  George  Har- 
rison (who  lived  in  the  colleges  beyond  sea) 
own  it.  And  yoursett'  said,  That  Mr.  Evers, 
my  lord  Aston 's  priest  (who  had  been  with  you 
at  West-Hallaut)  was  your  master  and  tutor, 
when,  as  I  think,  you*  were  a  scholar  at  St. 
Omer's. 

Bushy.  How  long  do  you  say  you  have  Uved 
at  West-Hallam  ? 

Dudley,  Betwixt  six  and  seven  years. 

Busby,  Wlien  was  that  I  talked  of  the  gar- 
dens at  the  colle^  of  Liege  i*  And  whether  I 
told  you  I  was  ajesuit  when  I  s|N)ke  of  Liege 
gardens  ?  What  time  was  it,  what  a  ear  ? 

Dudley.  1  cannot  say  the  time,*  hut  it  was 
since  I  lived  at  llallam,  and  it  uas  when  you 
persuaded  me  to  he  a  (*atliolic. 

Busby,  You  take  a  Gom|Hi8s  of  six  years, 


an 


mtKitoiy.    Pny,«lntwenmy 


(M 


BvM  airtett  s  M  mn  ibovt  to  ttmut 
UB;widiRi  TsntddlumtU*;  bbawKwh 
jBBBMttMddMvoiiKd  tomka  bnn  «ba^c  Bt 
nfigidn  i  bat  it  aMou  jdut  ai^innMati  wm 
MfraTn  moA  w«i|^  M  to  bamembBfcd. 

Biuiy.  I  ptmr  7011,  wu  I  igror  *Mi  70(1 
dowtoM  joal  wHAJMotF  LBtmeknoir 
teyawWdtniM,  md  iriMt  Mooed. me  to 

l>MH9r>l-MnMtatMy]r«ii*fcai  tbedi*- 
Wiw'WjhttttewfaMitoae  irith  ym 
bfe  ^•gHan^•  hnndrad  tinM  aad  mim; 
lAMTwdUMidynwtbtyMMt  sJdMlit, 
WMtMtniMwIiMivoHdid  noreiDe  to  be  of 
•NrifasniriMi;  tkewHch  I  did  (6  fbr  cdd- 
iaottfto,  tetemrttwellHn  wutMnef 
lUbftniTMntowtodtboiIi  Ar,  tdjkrd, 
141  Ih*  ifaoB  iB  (heMmDoe  tbit  nrfriit  be 
bTlMMef  jmrnficUn ;  bnttiu timn  tanw 
Wbrtbitow,  end  tbe  Smt  of  dMiHrw  my 
MMdi,  WrtknlHfyOBedrtwo,  wko  tad  tb 
bM  aiM'  MiaHg^miHH  ttf  t  bodN  tf  mm 
(wWehifM  tb«  lBbciaHe)fltea  I  dtRMnot 
iMMBt,  yet  my  eewning  s— ««^t™  did  erar 
4nMdi|lBMedMm,«Bd  they  did  aefbrcnSt 
^•ihltM-BMMv  did  intend  (m  betoU  me) 
to'tobe  ne  be^Me  irilh  Um  ;  nor  did  I 
Aaew  Am  eenwy,  m  I  me  apon  fte  nad 
fte  Defer,  tad  Oat  he  UM  die  Out  hfautde 
JkUiywmimaM  intbe  MM<liTdie  bum 
ofllMmie  JwAmdJ  which  he  shewed  me; 
hot  be  havii^  no  mmd  10  go,  Maved  in  Eng- 
luid,'(aiid  fertbe  most  pan  at  HalUtm)  to  that 
my  metteroCmmatMiecrme  bocli,  to  look  after 
hi*  elBun  there  :  and  for  some  time  before  he 
wee  to  reton,  be  said  he  would  Bend  Tor  me 
0T».  Ever  aince  he  left  Hallam  Mr.  Busby 
'~^cont)mied  pHvately  there,  fiw "-- 


him  1  nay,  aome  of  hta  reiationB  who  hare 
lain  m  the  hoase,  have  not  knuwu  but  that  he 
wu  beyond  sea,  thoi^h  Ibey  were  jiapieta, 
vet  he  would  not  Bufi<:r  them,  but  eoncsakd 
hiniielf. 

Butby.  I  pray,  will  you  tdl  me  what  (by, 
jDonth,  or  year  it  was,  you  and  I  had  this  dis- 
conrse  you  speak  of ;  and  lell  me  how  it  came 
that  I  was  so  familiar  with  you  ? 

Baron  Street.  What  need  you  impose  it 
upon  him,  when  he  saitli  he  hath  liretl  with 
Ton  six  vears  and  mure  P  He  cannot  remember 
It ;  but  he  (ells  yon,  that  it  was  in  ihe  (farden, 
where  be  has  been  with  yuu  a  hundred  times 
and  more,  not  thinkings  fitrthcr  of  it ;  it  is  im- 
possible to  satisry  yun  the  particular  time: 
therefore  why  do  yon  ask  him  such  o  foolish 
qnestion? 

Btuby,  1  desire  you  will  let  ine  know  how 
you  (as  you  pretend)    come  to    know  I  was  a 

Dudley.  Sir,  itis  what  ynu  know  to  be  trutli, 
Uld  I  am  sure  you  cannntbut  remember,  it  was 
in  the  walk  at  the  head  of  Ihe  orchaH,  where 
taa  WW  before  me  expecting'  my  coming  to 


jMni,  and  did  ilit^n  use  aD  the  persuading  means 
dntmifihtbc  to  COTiflnn  me  in  vour  opitiiaD  ; 
in  whicD  I  seemed  so  well  satisfied,  that  vou 
told  me  you  Bootd  leave  me  to  rouuderfrfit ; 
bet  that  I  ongbt  to  Ibrsake  mv  friends,  and 
whatever  else,  to  come  to  Gcirf  .llmigrhtj',  of 
irittrh  j-oii  dill  not  doubt ;  Imt  bid  me  lie  cate- 
ftll,  for  delayt)  are  dangerous :  and,  my  lord, 
Mto  hiibein^a Jesuit,  be  did  own  it  whi-n  my 
master  was  committed  to  prison  for  refusrog 
the  oHtiiB  of  supremacy  and  tileeiancc  ;  (fiir 
h«  was  then  private  at'Wert.BBilam),  wrlli»l 
i^iiig:,  in  hi*  conscience  he  ought  ngl  to  take 
Aem,  for  theirchurch  would  not  aDow  it,  bill 
Oi  the  controrv  did  ejiprei»ly  fbrlnd  ii ;  neref- 
tfatless  Mrs.  t'owtrd,  Hr.  WilKam  Powtrd, 
and  diTcrs  of  (he  family  did  argue  fiir  his  n 
Aftnjf,  espedolly  after  Mr.  Thomas  Cannjnp; 
came  tram  St.  Thmnns,  in  StilTord^iirt,  and 
(■id,  that  his  uncle  Fuwter,  he,  and  nil  belong- 
ing'to  him,  bad  taken  the  nalh  of  allt^anee: 
ud  that  it  was  the  opinion,  and  with  the  con- 
■Btit  of  Hr.  Futer,  their  priest,  that  they  mig+1 
doit;  and  fbrlhal  reasoD  Mr.  Cannvnfre  came 
to  advise  my  master  the  like :  but  Mr,  Butbr 
£d  reject  the  mottoo,  end  said,  no  siFicuiir 
priest  could  give  leave  so  to  do,  and  lor  bi> 
part  he  was  ahsoluletv  ^aiosl  it,  and  so  irat 
ill  the  society  ;  bnl  if  seculars  gave  too  muri 
liberty,  lie  would  not  be  gi:ilty  of  tbcir  fanll ; 
•0  when  all  wauM  not  prevnil  with  him,  Ihtn 
Ura.  Powtrel  and  I  went  to  Mr,  William  Brent, 
at  Fox-Coal  in  >1  anvickshii'e,  her  Rrondfalher, 
and  Mr.  Busby's  father-in-law,  a  couuselljr, 
to  have  his  advice ;  anil  upon  his  uriCiiig 
several  letters  to  my  master,  and  Mr,  Busby, 
that  it  was  proper  l))r  my  master  so  to  do,  nor 
could  he  avoid  It;  then' in  complinoce  to.Mr 
Brent,  he  did  not  mneh  oppoae  the  fdihv  rf 
the  oAth  of  allegiance  :  anil  those  HHieH^'ait 
next  night  after  Mr.  Gilbert  had  UK^  Mr. 
Bu^V,  Mrs.  dmalley  (foT  fear  he  ftitftild  §oi 
them)  did  btirti,  but  shewed  diem  to  me  a>^ 
was  looking  over  many  paners  more,  the  mod 
of  which  she  did  likewise  burn. 

Hr.  Gilhert.  For  your  Ibrdshipa  and  the 
jliry's  further  confirmation  that  Ae  prieong  if 
a  Jesuit  as  well  as«  priest,  and  thatlielidila 
dangerous  correspondence  with  some.cj.lil 
order,  which  have  been  executed  ftn  ttcarbrea- 
sons  in  relation  to  the  Plot,  I  most  irfniiriri' 
your  lordship,  that  this  Busby  wag  nnMnrelar 
for  the  Jesuits,  and  that  he  recrived  the  renttrf 
their  lands,  from  1673  till  1G77,  and  diit  be 
di^urscd  and  returned  sererat  great  nmsff 
money  10  divers  Jesuits,  as  may  appear  bf 
letters,  and  liis  account-book,  which  I  todc, 
where  may  he  seen  what  dealinga  and  tmoK- 
tions  he  had  with  Gawen,  Harcqiul,  TniiMr, 
Ireland,  Pool,  Itennet,  Beaton,  l^meoii,  lad 
others  of  his  tribe :  he  could  nut  dosy  It  to  be 
his  ovta  hand-writing.  My  lord,  here  b  Ae 
book.  (Which  was  presented  to  the  judge, 
anil  perused  bv  him  J  Then  Mr.  Gilbett  nm- 
ceeded.  My  lord,  lAW  aba  aearcb  at  Wei«7 
Hallam  house  for  popish  prieMly  garment* 
(being  wdl  informed  mat  mere  were  such  ill 


641]  STATE  TRIALS,  33  CHikRLES  II.  l6dl.-/or  High  Treason. 


[542 


the  house),  and  found  divers  suits  of  Test- 
ments,  and  other  popish  triokets,  whicli  I 
brouffht  away,  together  with  those  I  former] y 
sent  Mck  from  the  last  assizes  ;  all  which  1 
bare  readjr  in  Court  to  be  produced,  and  have 
also  a  minister  here  (who  nas  formerly  been  a 
popish  priest  himself,  to  inform  your  lordship 
the  names  and  use  of  all  the  narticulars ;  here 
are  also,  my  lord,  a  box  of  wafers,  which  I  sup- 
pose they  use  for  the  sacrament  at  the  mass  ; 
the  larger  sort,  I  am  told,  are  for  th^  priests 
OK,  the  lesser  for  the  people ;  and  here  are 
the  wafin-'irons  which  made  tiiem.  Mr.  8hcp- 
pey,  pray  tell  my  lord  and  the  jury  the  names 
oT  all  those  things,  and  how  the  priest  us^ 
tbem  at  mass. 

Mr.  Skeppey  taking  up  the  things,  said,  My 

M,  this  is  a  vestment,  used  when  the  mass  is 

wd ;  this  is  a  stole,  and  this  is  a  maniple,  and 

Ikisan  Aotipcndiana  :  And  so  gave  an  account 

of  the  rest  of  tlic  trinkets. 

Then  Thomag  /ffiii»  was  called  and  sworn. 

Bsron  Street.  What  can  you  say,  friend,  of 

dRpmoner  ?  See  if  you  kuuw  him,  look  upon 

Hmi.  I  know  Iiim  well  enough,  he  persuaded 
Mil  be  a  Roman  catholic*,  when  I  was  about 
Hmt  a  man's  daughter  that  was  a  papist : 
vkii  I  oould  not  have,  until  I  turned  to  their 
idfioD.  Mr.  Busliy  persuaded  me,  and 
•M  he  had  con%'crted  me,  bound  me  to  he- 
Kmliit  Diatriuiony  ivas  a  sacrament :  he  gave 
■eahnlution,  and  made  nie  do  ])enance ;  the 
*«di  of  the  absolution  I  cannot  pronounce, 
M 1  hive  been  several  times  at  mass  when  he 
Mi  it,  when  I  had  absolution  front  him  ;  after 
fflrfPBJun  I  was  to  say  these  wurds. 

'For  all  which,  and  whatever  else  I  cannot 
'tfdus  present  call  to  mind,  I  am  heartily 
*  mn  for,  the  love  of  God ;  and  purpose  by 
*ws  grace  to  amend,  beseeching  you,  my 
'  SJMstly  father,  to  pray  to  God  for  me,  and  to 
'gite  me  absolution  and  penance.'    Aflenvord  ' 
JtaloMir  you  married  me,  uud  I  was  cited  to 
udk6eU-CDurt  for  being  married  privately  by 
IMi.  My  lord,  I  havg  been  present  when*  Mr.  ' 
mkj  md  mass  at  West-Hallam,  and  lia-^  e  | 
mo  nd  aeen  him  say  ma«  several  days  in  | 
bpisMlv  robes :    I  never  knew  any  other 
IMtebimatWest-Hallain  ;  mostSumkiys 
iMWhfdiys  he  said  mass,  where  were  present 
M«r  the  Roman  catlmlics  in  those  parts  ;   I 
■t  bend  him  preach  three  times,  and  no  more. 

Bnf^.  Did  i  come  to  you  or  you  to  me  ? 

Anv.  Icametovou. 

&ul^.  Then  I  did  not  persuade  you  to  turn 
■Me,  yoo  waa  satisfied  upon  the  first  persua- 
■■Wbleyou  came  to  me,  you  declared  you 
>^di  tare  catholic. 

Am.  I WM  persuaded  by  Mr.  Shirborn  of 
Wf-Onngie,  yet  not  fully  convmced  but  by 

Jb.  GiOcri.  My  h)rd,  this  Shu  bora  he  speaks 

^tasoM  captam  Sturbom  a  great  p«pist, 

*Miici  naar  me,  a  letter-carrier  (as  was  re- 

iindoMthatfloklthembooka  and  trin- 


r 


Houu.  For  I  was  fully  satisfied  then  in  all 
things  by  your  instructions,  and  hearing  your 
seiTOons  ;  as  for  mass,  I  did  not  understand  it  ; 
but  you  said  it  was  mass  ;  besides,  others  called 
it  so. 

Busby.  How  can  you  swear  to  a  thing  you 
do  not  understand  ? 

Houit.  If  I  did  not,  you  told  me  so,  and  I 
believed  you,  because  you  did  the  office  of  a 
priest. 

Baron  Street.  It  seems  this  is  the  matter,  you 
courted  a  {lapist  for  your  wife,  ^ind  Busby  told 
you  the  way  to  have  ner  was  to  be  a  pa|Hst,  and 
you  did  hearken  to  Basby  to  persuaoe  you ;  ha 
told  you  matrimony  was  a  sacrament,  and  be- 
fore you  were  marned,  you  must  be  confessed, 
and  fiave  absolution ;  and  Mr.  Bushy,  you  put 
M  ords  into  his  mouth  to  desire  absolution  ;  out 
Gfave  it  in  such  language  as  he  understood  not : 
Tie  says,  he  has  heard  you  say  mass  frequent- 
ly ;  but  preach  only  three  times. 

Busb^.  It  is  an  easy  matter  for  him  to  say 
such  thuigs,  but  how  cloes  he  prove  it  to  be  ab- 
solution or  mass,  when  he  says  he  understands 
not  the  language  ? 

Houis.  My  lord,  I  have  not  oidy  been  pre- 
sent at  that  which  they  call  their  mass,  but  I 
have  also  received  tue  sacrament  from  Mr. 
Rusby  tlien,  and  have  seen  him  give  the  sa- 
crament to  divers  other  persons  too  ;  and  be- 
sides, my  lonl,  I  did  send  my  eldest  child  to  the 
chapel  atStandly  Grange,  to  have  it  christened 
by  Mr.  Busby  ;  tliis  woman  ([minting  to  Sarah 
( : lark,  who  stood  by)  carried  it :  W  hen  we  came 
there,  Dr.  Richard  Needhum  (n  ho  lived  there) 
said  to  me,  are  you  the  father  of  this  child  ?  1 
ani:\vere<l,  yes:  Then,  says  Dr.  Needlinra, 
you  ought  not  to  lie  present  when  your  chikl  is 
christene<l :  Whereupon,  my  lonl,  I  went  into 
a  comer  of  the  room,  but  could  perceive  well 
enough  what  was  done,  and  Mr.  Busby  did 
christen  my  child,  and  gave  her  the  name  of 
Anne,  Mr.'Pcter  Waldron  was  godfather,  and 
Mrs.  Anne  Smalley  goilmotlier. 

Kingh  Counsel'  We  shall  now  call  Elizabeth 
Evans  for  fuvilier  pixMif  of  Mr.  Busby's  exercis- 
ing his  priestly  ofEcc :  (Who  was  also  sworn.) 

Bar.  Street,  ('ome,  g<MMl  woman,  what  can 
you  say  of  the  prisoner  at  the  bar,  do  you 
know  him  ? 

Kliz.  Evans.  Yes,  I  know  the  prisoner  at 
the  bar,  it  is  Mr.  Busbv,  uiy  lord,  and  have 
seen  him  in  his  priestly  Lubit  say  mass  in  the 
chapel  at  Mr.  Fowtrel's  house  at  Wcst-Hal- 
lani;  I  saw  him  christen  Henry  Avery's 
child  of  Stauton,  I  was  godmothtT  to  the  child : 
He  has  confessed  me  several  times;  and  1 
have  received  alisolulion  from  him :  1  have  re- 
ccivetl  the  sacrament  from  him  f 

Bar.  Street.  What  was  it  he  gave  you,  wheo 
you  received  the  sacrament  fron)  him. 

Eliz.  Evans.  I  know  not  what  it  was  Mr. 
Busby  gave  me. 

(Tnen  tlie  wafers  were  called  for,  they 
were  of  several  sizes  in  the  box.  And  beine 
shewed  to  her,  she  said,  yes,  my  lord, 
these  are  what  he  gave  u«  at  mass  for  thesa- 


STATE  TRIALS,  33  CbaRLKS  tl.   iCil.— Trial  of  Gttyrge  Butby.      \m 
any  boily,  and  cliristm  childreD  j  if  jau  hi'*, 


crameDt :  I  remfimber  Iheui,  they   i 


e  juBt 


Buiby.  Walen  are  tluogs  usually  [lut  uoilcr 
tii^eU  uiil  tuacui'CDU!. ;  theretore  liow  can 
■beasy  those  art  the  sacraiiient,  lor  they  arc 
what  1  bave  seen  giveu  to  chlhlreu  to  cut  ami 
play  wLilial, 

Bar.  Street.  Ttiey  are  thing*  isdeed  to  give 
10  children. 

King'i  CuuHtel.  I'ray  cill  Jionithy  Saunderi 
(who appeared,  aiid  nas sworn.) 

Bar.  Siral.  Well,  Dorothy  Sitiuiiieri,  what 
wyyoul' 

lior.  Sauttderi. 


«1  me,  und  i 


:   has  several  tiines  ab- 


:  the 


_._. (here  the compauy 

limett  iDoic,  uid  .'^amtiiuies  less ;  (aiiil  liaviug  a 
walt-T  given  her  into  her  hand)  and  lie  held  u|> 
Ibe  water  tlius,  (and  shewed  the  tvurt  nnd  thu 
jury  the  manner  ol'  his  devaiion  vf  the  host.) 
And  being'  askt^l  by  the  jud^,  wUeilirr  slie 
knew  priestly  veUiueDbi  i*  (atuiwerod) 

Dor.  Suuaden.  Yes;  1  know  uritatly  vest, 
utents  when  I  see  ihem  i  (which  Cclng  >bew«d 
to  bar)  she  said,  she  had  seen  Uiiaby  in  some 
of  Uieoi ;  but  Tor  his  ebristtnin)^  of  children,  I 
know  nothing  of  (hat. 

Baibi/.  Is  that  the  saemmenl  ?  Tlioso  wafer* 
inlliebox,  M  that  Thesuerauieiit? 

Dor.  Saunden,  We  took  itat your  hands  fur 
the  gacramcDt. 

BaronSfrecf.  Mr.  Bwiby,  youareiwimperti- 
iieiit  in  your  queittioDs,  you  thinh  you  bate 
weak  uersuuB  to  deal  witli  ;  1  hope  the  jury 
ivill  tJte  tMtice  of  it. 

King't  Countel.  Call  Sarah  Clark.  (Who 
aiipeared,  and  was  Bwoni.) 

Baron  Street.  8arah  Clat-k,  have  you  heard 
Mr.  Busby  say 


that  lie  did  marry  Thouiaji  Houii,  and  1  an 
-ure  he  did  chnitvn  TlinnMU  Uouis  Lh  fim 
liild,  for  1  carrifd  h  to  him,  and  Mr.  WaMnm, 
mid  Mrs.AnncSiiialley  weivirodfallKruulgiid- 
motlier,  aiul  he  did  naini:  it  Anne;  it  on 
chrixteDed  al  Slandlv  Grange,  at  Dr.  Needh«a't 
house,  and  Eereral  othm  uere  there  at  dw 
same  time,  and  altorwanis  I  brought  it  bWDC. 

Butb^.  liow  do  you  kitow  it  10  he  nwM  tsj 
^oolutnin,  when  you  «ay  you  da  not  imderdul 
the  language  I  snoki*iuf 

Clark.  Thoii^  1  did  not  undenltDl 
V0I1  tuhl  nr  II  hat  entry  thing 
did  believe  you,  because  othm 
;  besides,  all  pajMsts  thoutflil  it 
their  duly  (as  yoo  tidd  ui")  to  be  be  lh*i«  wtf • 
days  and  Suni^y!i.  to  prevent  a  venal  aiD,  »bi(t 
if  we  omilled  we  were  liable  to  penanoe. 

Mr.  Gilbert.  My  l<ird,  we  bare  *!•«  «f 
four  more  irilnesven. but  we  are  loth  to  VmUt 
your  lonialiip  and  the  wiurt  with  any  ftirtkr 
testimony oTthis nature ;  hoiiingtliv  luaucrtif 
the  indictment  has  been  fully  prnvrd  D^iist 
the  prisonur ;  and  if  jour  lordah^  [il«»t  it 
nlll  res)  here. 

BaroB  SfrfFl.  I  suppose  the  jury  will  b(€c*t 
there  has  been  rofficieni  eridence  given  tben- 
victhuu  ;.  but  Mr.  Busby,  what  can  yau»j 


iryo 


■self? 


Busby.  Joseph  Dudley  tells  your  lordriup 
how  I  sliDuld  tell  a  eliildiiih  slory  of  hiding  my- 
self  in  the  curtains,  when  1  Was  two  yean  M; 
pray,  mv  lord,  (wniiider  how  I  could  reoieoilwi 
what  1  (lid  at  two  years  old;  IknownothoHl 

_,  ___, could.     I  hare  told  your  lordshiji  1  was  bom 

I.  Clark.  Yes,  my  lord,  that  which  he  beyond  sea,  I  am  sure  I  was  bred  there;  I 
toM  US  was  mass,  but  1  did  not  imderstand  it,  hope  yinir  lordship  w  ill  not  take  notice  of  an 
I'or  it  was  in  another  tongue,  wliieb  they  mid  \  hear-say  ;  my  mclbcr  went  heyoud  &ea  at  the 
wBslAtiu.  I  beflininjjof  the  troubles,  notattfr,   ■     -    ■--'•--- 


Baron  Street.  But  had  he  his  vestments  on 
or  how  was  it,  tell  us,  good  wotnan  ? 

So.  Clark.  Yes,  my  lord,  he  had  vestments 
on,  and  he  did  then  g'lve  us  tlie  sacrament,  aa 
he  called  it,  wbicb  was  a  waler,  and  that  he 
put  into  our  niuullis  aiter  tliat  he  had  elevatnl 
Ibe  host:  and  he  himself  told  Die  it  was  the 
sacrameni. 

Baron  Slrcel.  Well,  and  have  you  maile 
confession  to  him,  and  has  hetbsotved  you  alter 
yauhave  done  so? 

Sa.  Clark,  [have  been  at  confession,  befcnv 
hbn,  upon  my  kuees,  and  when  1  hiid  done,  be 
spnke  souietbing  to  me  ui  Latin  (as  1  think) 
whiek  he  said  was  absolution,  and  1  did  take 
to  be  so ;  and  1  have  iiuuietirnes,  my  lord, 
httri  hint  pn-Bch,  and  that  I  understood,  lo- 
calise It  was  in  English.  He  told  me  what  ab- 
sohnisn  wa^,  and  the  mass,  and  the  same  was 
to  be  rend  in  English,  and  those  that  could  read, 
at  those  iJiuKs,  mid  ilie  same. 

i^<»>Slrce!.  Several  witnesses harespoken 
1™"3>"»»i  he  has  exercised  his  office  in  all 
lhinj»asa[irl»1 :  bave  voa  known  him  iDBrry 


Edt^e-lijll  figlit.  As  to  what  Hoiiis  says,  be 
biiufielf  docs  acknoivledge,  that  he  doev  doI 
undei'stand  what  lan)ni>g<^  1  absolved  him  b, 
nur  I  he  langURge  i^the  mass,  and  (hereJbrehe 
cannot  swear  to  it ;  and  for  ought  I  know,  w 
to  bis  being  married,  h  was  in  a  privileged  phM 
and  could  not  be  cited  to  LitvhReld -court;  sad 
lor  what  ilie  ulher  wiinessessay,  their  evidence 
is  only  that  tliey  heard  totiietliing  read  ia  ui 
unknown  languaKe,  usually  wotuen  pray  in  sa 
unkliowli  language,  and  those  public  prayns 
were  only  faiuily -duties  ;  Ihey  swear  not  wh»l 
it  was,  because  thev  undersiaiid  il  not. 

Baron  Strtel.  I  belieie  not  one  in  a  huttdni] 
understands  your  prayers  that  hear  tliem ;  ebc 
tliey  would  not  be  80jui[gled  by  you. 

Bunhi/.  There  are  vespers  and  mattint,  ttai 
evensong;  he  does  not  tlistin^uish  what  itwu 
that  was  said,  by  reasoo  it  was  an  unknoini 
language  to  him ;  it  was  only  familv-duty.  I 
can  produce  a  witness  lo  prove  it,  Ihat  wamtn 
do  family-dutv  in  an  mikuowrn  language. 

Baron  Slrfel.  1  know  women  do  not  oStcifUe 
in  yourcburch. 


H5]  STATE  TRIALS,  53  Charlrs  II.  l681.^^  High  Trtagom. 


[546 


Bushy.  He  swears,  my  lonl,  to  \i-hat  he  docs 
MM  unJersUiul.  As  for  Elixabeth  Evans,  she 
>vrears  concerning  say  inj^  mass,  and  understands 
aol  one  service  from  another,  and  this  proves 
not  particularly  mv  priestly  office. 

Baron  Street.  Ar.  Busby,  you  forest  chris- 
tening Avery's  child,  and  ilonis's  child,  con- 
t'esin^  and  absolving  divers  piTsrms.  the  niatr- 
rial  evidence :  you  only  offer  some  little  divor- 
iions. 

Butbjf.  Dorothy  Saunders  knows  not  ^vhat 
^  swears,  nor  Sarah  Clark ;  none  of  the  ^vit- 
Besses  can  distinguish  one  service  from  another ; 
they  cannot  therefore  swear  what  was,  and 
what  was  not ;  giving  bf  hrc^ad  is  not  the  priest- 
ly office,  they  do  not  swear  positively  to  my 
nxnising  tlje  priestly  olHee,  oihr-r  persons 
vtai  those  garment^  as  well  as  priests :    those 

ai  are  inonnorients  and  hpy  rc-Iui>mes  to  the 
V,  they  were  taken  out  ot' churches  in  for- 
iMr times  at  tlie  Reformation.:  there  are  now 
to  W  Ken  in  tlie  catliedral  at  York,  church- 
tiff  and  vestments,  which  are  kept  for  anti- 
fily,  and  so  were  these. 

nran  Street.  Mr.  Slieppy  has  lieen  a  priest, 
•bUb  knows  the  use  of  those  things  as  well  as 


Bttlf.  My  lord,  those  tilings  laymen  do 
*>rii  well  as  priests,  1  desire  to  c^ll  a  wit- 
wili  prove  it. 

Bmni  Street.  You  may  if  you  will,  but  to 
vlnpiirpose? 

iMv.  Pray  call  Robert  Needham.  (Who 
**  called  and  appeared.) 

BiroD  Street.  Well,  Needham,  do  you  know 


Baron  Street.  Tliat  does  not  signify  any 
thing  at  all ;  tlmt  affidavit  cannot  l>e  allowixr, 
for  he  might  be  born  there,  and  yet  not  regis- 
tered ;  but  what  makes  you  say  we  ?  w-hat 
makes  you  concerned  ? 

m 

Umptirevilt.  I  say  we,  because  1  was  one  of 
those  employed  to  get  Mr.  Busby's  Habeas 
Corpus.  (Upon  Mr.  Umphrevill*s  being  at  a 
stand,  and  Busby  directing  him  to  tell  \vhat  he 
hail  seen  beyond  sea,  the  judge  taking  notice 
thereof  said,) 

Banni  Street.  What  would  vou  have  him 
say ,  Mr.  Bnshy  ?  Tell  liim. 

Umphnvili.  I  have  seen  ranons  beyond  sea 
wear  such  vestments  that  are  not  in  onlws ;  1 
have  seen  childnMi  wear  them,  and  they,  1  aia 
sure,  ;\ro.  not  in  onlers. 

Buthif.  I  call  Mr.  Mayo  to  prove  that  I  am 
not  a  natural-born  subject  of  the  king^s.^ 

Baron  Street.  Come,  sir,  though  you  are  not 
upon  your  oath,  yet  you  must  tell  us  the  truth 
as  faitlifully  as  if  you  were. 

Mtttfo.  I  have  searched  the  register  at  Cc.l- 
dingtou,  and  I  do  not  find  George  Busby's 
name,  the  prisoner,  registered  ;  I  have  search- 
ed all  the  books,  and  1  tind  no  register  cf  him. 

Baron  Street.  An  huntlred  children  may  be 
horn  m  that  parish  within  these  *20  years,  and 
not  registered  ;  all  that  are  baptized,  are  regis- 
tered only. 

Btaby.  Mr,  Mayo,  satisfy  my  lord  of  the  dis- 
appointment I  hail  of  my  Habeas  Corpus,  which 
you  got  tor  me. 

Baron  Street.  To  what  pur|»nsc  ?  but  Mr. 
Bushy  you  shaQ  not  say  but  1  will  hear  him  : 


ttoe  tiuogs?  (the  vestments  being  shewn  unto    What  say  y^^Uy  Mayo  ? 

fa.)  Afotfo.    9\y  lord,  1  was  employeil  about  au 

\eulkam.  I  have  had  these  things  on  my-  Ilabesis  Corpus  for  Mr.  Bushy  in  Easter  Tenii 
■dCmyJord,  and  have  said  my  prHvers  in  them,  last,  and  did  obtain  one  for  him  then,  but  by 
9ti  Lave  thought  uiy  prayers  luorc  acceptable  reason  of  some  siuckni^ss  it  was  presently  out  of 
*fa  I  had  them  on  ;  and  I  have  seen  them  date,  and  so  herame  ineffi*ctual.  Also  in  Tri- 
■nlby  fldK*rs  several  times.  nity  Term,  I  procured  another  llub<>as  Corpus 

iiiijf.  More  wear  them  that  are  laymen,  ■  for  hiii;,  which  was  deUvi>re<l  to  the  under  slie- 
fai  soefa  as  are  priests.  '  ]  rilf  oi'  this  county  of  Derby,  who  was  then  rery 

BttOQ  Street.  >rcdham,  it  seems  vou  wore  ;  si'-k  at  London,  of  which  sickness  he  died  there 
%a  whilst  you  said  your  pra^Trs,  that  they  ;  »t  bist,  and  that  Habeas  Corpus,  for  that  rea- 
■Ul  be  more  acccntah!e  ?  son,  did  like^vise  fall  short;   by  which  disap- 

Ikedkam.   8uch  like  vestments  aro  worn  by    puntments  IMr.  Busby  is  not  so  prejiared  tor 


^paen  in  aeveral  places. 

Busk^.  I  desire  one  Mr.  ChariesUmphrevill 
■My  be  called,  to  speak  to  my.  Iieing  an  alien 
Wi.  (Who  being  called  fur  the  prisoner  ivas 
■liwoni.) 

UmpttrevUl.  To  >[r.  BiLshy\  being  an  alien, 
Ihtveknown  Mr.  Bushy  several  y(*ars,  and  I 
kfe  heard  bis  motlier  and  brother  affirm  he 


e 


his  Iri.U  at  this  time  as  otherwise  he  might,  if 
he  had  not  really  depended  upon  his  being  re- 
ntovetl  to  liOndon  by  HalN*;is  Corpus. 

Baron  Strc€t.  All  this  is  too  little  to  the  pur- 
|)0sf3 ;  fiir  it'  he  expected  to  have  had  his  triul 
there,  and  \\as  pn'pan-d  for  it  u  t«-rni  or  two 
ago,  how  coiiifH  it  to  pass  he  is  not  prepareil 
now  ?  Come,  come,  Mr.  Busby,  what  can  you 
Wn  at  Brussels :  and  I  have  an  affidavit  '  eay  more  ? 
One  regi/der  at  ('csUlington  of  all  their  |     'Busby.  I  could  not  l>e  born  at  Coihlington,  1 


born  in  England,  and  ue  do  not  fnid  -  was  bom  be\ond  sea,  out  of  the  kingdom.     My 

^.  GcMVe  Busby *s  name  in  the  re^lstfr.  j  lonl.  hen'  is*  not  one  wonl  proved  of  the  sub- 

BvQB  olrer/.  Ho«v '.-an  you  be  sure  of  that?  i  stance  of  the  indictment,  riot  a  word  proved 
ffi  toght  tp  l«ave  bnnight  tlie  man  along  with  i  that  1  took  orders  beyond  sea,  nor  hen',  frcnn 
^l^tesli^  it.  :  any  prr^ton  that  baw   me  take  ord«'rs  ;  not  a 

VflfkreviiL  My  lord,  the  sexton  is  an  old  >  xvord  of  that  pmveil ;  nor  not  a  word  of  the 
jpmhofC  Mty  jears  of  a^,  and  could  not  '  substance  of  that  statute  of  (pitvii  ]''.li/a''ith. 
jnt;  Wl  he  aiade  affidav^  of  il«  which  is  which  I  nm  indicted  upon  ;  (»nl\  soiuv  few 
{MR.  ;  wf»men  say  they  heard  me  pray  in  an  luikuonn 

?oi.  VI i;  ,      ^?  N 


i  ii]       STAtE  TRIALS,  33  Charles  II.  1 68 1  .r^Trial  of  George  Busbp.        [549 


lingoagrr,  which  was  no  more  than  family- 
duty ;  and  I  can  produce  a  witnen  that  women 
say  their  prayers  publicly  in  an  unknown 
ton{|riie,  and  alf  answer ;  and  by  these  circum- 
stances I  am  accused  for  bein^  a  priest. 

Baron  Street.  I  find,  Mr.  Busby,  you  un- 
derstand the  law.  But  pray  you,  is  the  Sa- 
drament  given  by  women  ?  And  is  absolution 
given  by  women  r 

Buiby.  If  die)'  understand  not  the  language, 
they  understandnut  the  thin^  :  treason  may  be 
spoke  in  French,  and  I  not  know  it  to  be  so. 

Baron  Street.  Tlien  it  seems  no  man  can 
prove  a  prfest  that  does  not  understand  the 
Latin  tongue. 

Busby.  None  of  the  witnesses  has  sworn 
that  1  gave  absolution,  nor  that  I  said  mass, 
hut  m  an  unknown  tongue.  What  tbcy  have 
said  are  only  circumstances,  and  do  not  prove 
the  indictrntAit  ;  and  what  tlicy  say  1  did,  are 
things  that  arc  p«*rfovmed  by  those  who  arc  not 
priests.  1  offer  it  again  to  your  lordship's 
consideration,  that  1  have,  not  heen  proved  a 
born  subject  of  the  kint{''s.  T  was  depri\^  uf 
my  Habeas  Corpus,  which  wixs  detainetl  in  the 
sheriff's  hand,  and  S4i  lost  the  benefit  of  it; 
(these  things  aro  material ;)  and  have  not  had 
time  to  nrcHluce  witnesses  that  I  was  not  bom 
in  Knglaud,  hut  bpvond  sea :  at  I^ondon  1 
<xrald  iMve  s^)t  e\i«renee  to  prove  that;  and 
here  has  been  no*  proof  niadc  of  that,  but  a 
storv  told  of  me  when  I  was  a  child  :  I  have 
proved  that  my  name  cannot  t»o  found  in  the 
register  tt  Coildini>ton.  For  the  rest  I  have 
not  had  time ;  if  I  ha:l  had  the  lK.MieHt  oi'  my 
Habeas  Corpus,  to  have  been  trii-d  at  I^tlidon, 
I  had  friends  there  that  could  hav<>  provcHl  nit; 
bom  beyond  sen  :  this  Dudlev  tliat  apiiears  an 
e\idence  a^anist  me,  was  u  s<»r\ant  of  ^Ir. 
PoHirel's,  who  was  j^rone  away  upon  dir»i^ust ; 
he  sent  away  several  loads  of  ^oods,  and  now 
he  roines  to  swear  a<;ain<!t  me ;  I  am  verily 
confident  that  he  earned  away  above  three 
horse-loail  of  (foods,  that  he  curried  privately 
out  of  the  ^nlen,  of  plants  and  such  thin«pi, 
and  sent  them  all  away. 

Mr.  Gilbert.  My  lord,  they  were  his  clothes, 
and  other  thin<rs  of  his  ow  n,  wliieh  he  took 
with  him  when  hewentauav. 

h^ron  Street.  All  this  sig'uitics  nothing,  if  it 
be  proved  ;  but  bring  what  witnesses  you  will 
to  prove  it. 

Jiusby.  I  hope  your  lonlsliip  will'  consider 
that  f  am  an  alien  horn,  and  that  by  the  loss  of 
mv  Habeas  Corpus  1  had  not  time  to  bring  my 
Witnesses ;  and  tliat  the  prayers  I  sjiid  were 
oidy  family-duties  :  I  hojM*  that  will  be  consi- 
dere<l  ;  and  that  those  iMH)[d<>  that  ha\  e  sworn  I 
said  mass  and  ahsolvc^l,  do  not  know  what 
mass  is,  nor  ahscdution.  My  Ion!,  hen'  is  no- 
tliing  [intXfl  of  tJie  indietuioirt  a;>aiust  me. 

Baitin  Sfrnt.  You  hav«*  said  ail  this  six- 
times  over,  if  you  have  nothing*  farther  to  say 
in  your  defence,  1  must  sum  up  the  evidence  t>> 
the  jury. 

Huwi  Sti  cef .  You  of  thcjurj',  the  prisoner 
at  the  bar,  GefMn^e  But>hy,  stands  indicted  of 

i 


treason  upon  the  statute  of  Q7  Eliz.  cap.  2,  tlie 
principal  branch  whereof  is  this:  *  And  be  it 

*  further  enacted  by  the  authority  aforesaid, 

*  that  it  shall  not  be  lawful  to  or  for  any  Jesuit, 

*  seminal^  priest,  or  other  such  priest, 'deacon, 
'  or  religious  or  ecclesiasii(»l  iiersini  whatso- 

*  ever,  l^ng  boni  withiu  this  realm,  or  any 
*■  other  of  her  highnesses  dominions,  and  here- 

*  tofore,  since  the  said  feast  of  the  nativity  of 

*  St.  John  Baptist,  in  the  Ih-st  year  uf  her  ma- 
'  jesty's  reign,  made,  ordained,  or  professed,  or 

*  hereafter  to  be  made,  ordaineil,  or  professed, 
'  by  any  authority  or  juri.sdiction,  derived, 
'  challenged   or   pretendetl   from  the   See  of 

*  Rome ;  by  or  of  what  name,  title  or  degree 
'  soever  ihe  same  shall  be  called  or  known,  to 

*  crime  into,   be  or  remain  in  any  part  of  this 

*  realm,  or  any  other  her  highness's  dominions^ 

*  after  tlie  end  of  the  same  forty  days,  other 

*  than  in  such  special  cases,  and  upon  such 

*  s[)ecia!  occasions  only,  and  for  such  times 

*  only,  as  is  expressed  m  this  act :  and  if  hs 

*  do,  that  then  every  such  offence  shaO  be 

*  taken  and  adjudged  to  be  high-treasun:  ind 
'  every  person  so  otfenduig,  shall  for  hia  oflaics 
<  be  ailjiidij^d  a  traitor,  and  shall  suffer,  ks^ 
'  and  forfeit,  as  in  case  of  high  treason.' 

This  makes  every  offender  against  this  sti- 
tutc  a  capital  offender,  and  guilty  of  high- 
treason:  now  wliether  he  is  within  this  Cv, 
you  are  to  consider.     Mr.  Gilbert  has  told  yw 
that  he  is  a  reputed  priest  and  Jesuit  in  thi 
neiifhbourhood,  and  that  as  such  lie  bad  so 
onler  fnmi  his  majesty  to  apprehend  him.    He 
usi*<i  his  endeavours  to  take  iiim  for  some  timf, 
but  could  not  apprehend  him  till  the  I6th  of 
31a.*vh  last,  and  then  he  found  him ;  but  in 
sueh  an  ohseure  hole,  that  no  body  woukl  hi(fo 
himself  in,  hut  such  an  extraordinary  offender. 
IniKN-ent  |>eop!e  do  not  obscure  themselves  in 
that  manner.     .fosi>ph  Dudley,  to  prove  bim  a 
native  and  not  an  alien,  tells  you,  that  wbeo 
soldiers  in  the  time  of  the  late  wars,  came  10 
plunder  hi.s  father^  house,  he  heard  him  nj, 
that  at  two  years  ohi  he  hid  himself  in  the  cur- 
tains in  his  mother's  chamber  for  fear  of  tbs 
soldiers.     But  (says  the  prisoner)  mv  memory 
could  not  ser^e  me  at  tw o  years  olJ  to  retun 
what   I   dt<l  then.     But  our  parent  tells  ui 
what  we  did  then.     If  a  man  be  asdced,  what 
age  tiTv  \  ou  of?  No  man  can  tell  but  as  fail 
parents  tell  him.     Mv  father  told   me  1  w» 
SIX  years  old,  and  from  thence  I  remeisbff 
it.     His  father  and  mother  were  not  oot  ^ 
England,   as  appears,    till  about    104d,   ul 
then   the  war  was  ended ;  and  tlie  priMtf 
eonfesseil  himself  to  he  ab(mt  fbrtv  ycus  rf 
ai>:e,  which  shews  him  bom  in  Engtand.    Hi 
that  but  obser\  es  his  language  will  find  thrt 
the  tone  of  the   Knglish    kinguage  remiiM 
uilh  him.     One  l»om  in  Walcv  (thongfa  hi 
eninr  v  oung  from  thence^   he    will   have  s 
>\  fish  tone  as  long  as  he  hves.    The  pnMi^ 
tells  you,  that  no  luaii  has  proved  his  being  ii 
ordiTs  of  the  Church  of  ICome,  nor  whm 
when,  or  by  whom  maile  a  ]irie8t :  but  if  u 
tliat  were  lo  Ik>  provtHl.  it  would  make  the  Ii* 


549]     STATE  TRIALS,  33  Charles  II.  l681.— 7Ha/  of  Stephen  Colledge.     [550 

prodaoe  them  upon  all  occasions.  Must  ii« 
theretbre  be  no  pnest  ?  Upon  the  whole,  U*  you 
believe  the  witnefises,  or  any  tivo  of  tbem,  you 
are  to  find  the  prisoner  guilty ;  I  beliei^e  you 
have  had  thll  evidence ;  go  together,  and  con- 
sider of  it. 

The  Jury  went  forth,  and  af\er  a  short  stay 
came  back  into  the  Court,)    And  then, 

Cltrk.  Gentlemen  of  the  juiy,  have  you 
agreed  on  vour  verdict  ? — Juri^.  Ves. 

Cierk.  Miho  shall  say  for  you  ? 

Jury.  The  Foreman. 

Clerk,  George  Busby,  hold  up  thy  hand : 
look  upon  the  prisoner. 

Clerk.  Do  you  find  George  Bushy  Guiky  of 
the  high -treason  and  felony  he  batn  been  at* 
raigned  of,  or  Not  Guilty  2-^ Foreman.  Guilty. 

Clerk.  And  so  you  say  all  ?'—Jury,  Yes. 

Clerk.  Look  to'  him  jailor. 

Baron  Street.  Though  1  must  pass  Sentence 
upon  you  of  course,  the  Jury  havine  tbuml 
you  guilty  ;  yet  I  must  tell  you,  that  his  ma« 
jcsty  nath  commanded  me  to  reprieve  you  from 
execution. 

Then   >Ir.  Baron  Street   passed  Sentence. 

<  That  you  the  prisoner,  now  at  the  bar,  be 

*  conveyed  hence  to  the  place  from  whence  you 

*  came,  and  that  you  be  conveyed  thence  on  a 

<  hurdle  to  the  place  of  execution  ;  where  you 
'  are  to  be  hanged  by  the  neck  ;  that  you  be  cut 

*  down  alive,  that  your  privy  membem  be  cut  off, 
'  your  bowels  taken  out  and  burnt  in  your  view  ; 
'  that  your  head  be  severed  from  your  body ; 

*  that  your  body  be  divided  into  tour  quarters ; 

*  which  are  to  be  dUposed  of  at  the  kind's  plea- 

*  sure :   and  God  of  his  infinite  miercy  nave 

*  mercy  upon  your  soul.' 


idle  and  insignificant.    If  he  be  made  a  priest 
m  England,  it  is  as  much  as  if  made  at  St. 
Omer's  or  Rome.     He  did   own  to  Joseph 
Oodley,  that  he  was  made  a  Jesuit,  and  la- 
boured to  make  a  convert  of  him  in  the  garden, 
when  he  was  ak»ne  with  him.    The  n^t.was 
Thomas  Houis,  who  courted  a  woman,  and 
must  not  have  her,  unless  he  turned  Ilonian 
Catholic.      Busby  must  discourse   him,  and 
make   a  convert  of  him.    He    hears  Busby 
preach  three  times,  and  heard  him  say  mass 
several  times ;  and  was  not  only  man-iod  by 
him,  but  has  been  confessed  and  absolved  by 
him  divers  times.     But  Busby's  fallacious  ar- 
gumcnt  has  no  weight  in  it,  that  because  he 
ondentood  not  Latin,  theretbre  be  proves  it  not 
oaas  DOT  other  services  of  the  Church  uf  ISome. 
Doradiy  Saunders  speaks  to  the  same  purpose, 
that  he  cooAssed  and  absolved  her.     And  she 
Idb  you,  that  she  has  seen  him  elevate  the 
hMti  and  has  shewed  you  the  manner  how  ; 
and  he  gave  her  the  Sacrament,  which  she  and 
the  reMt  took  fhim  liim  as  the  Sacrament :  and 
dMt  she  baa  seen  him  officiate  in  some  of  the 
nhes  produced  in  Coiui.    Sarah  CUu-k  speaks 
la  IIm  nme  purpose,  and  so  did   Elizabeth 
Efua.    But  Busby  says,  because  this  was 
dowiaiii  unknown  tongue,  they  cannot  swear 
it;  wai  that  he  ii  no  priest,  because  they  do 
Htiwaar  where,  and  when,  he  received  his 
Whoever  does  exercise  that  profession, 
da  bdiave  him  of  that  church.    >Vhen  a 
'ofoar  Church  preaches  or   officiates, 
aedonol  aay,  pray  let  us  see  your  orden  first ; 
ha  if  he  ofiuaate  usually  as  a  priest,  it  is  taken 
fiv  iranled  that  he  is  one.     lie  can  tell  where 
henoeived  his  orders,  but  it  may  be  cannot  | 


S&l.   Tlie  Trial  of  Stephen  Colledge,   at  Oxford,  for  High 

Treason :  33  Charles  II.  a.  d.     681.* 


Tq  PETITIONS  or  STEPHEN  COL- 
LEUOE,  precedent  to  his  Trial,  with  the 
OiriR*  made  thereon. 

Tithe  King's  most  excellent  Majesty:  the 
bamUe  Atition^f  Htephcn  Colledge,  now 
fViMNier  in  your  Majesty's  Tower  of 
Loudon; 

Moot  humbly  sheweth ;  Tliat  whereas  your 
taiancr  bein^  charged  with  Iii^h-ti\'asun,  is 
JBiv  strait  eonfineuient,  that  lie  hath  not 
kty  to  see  or  speak  with  any  of  his  fViunds 


*  See  his  Examination  at  tlit>  Trial  oi'  Lord 
IMM,  vol.  7,  p.  M6.S,  of  this  C:ollection. 

"flaoB  after  this  Du^^ale  Turber\ill,  Smith, 
■i  the  Irish  witnesses  came  under  another 
^emgmtali ;  and  they  discovered  a  plot  laid 
Iphit  tfM  kiujr  to  be  executed  at  Oxford. 
Ill  kiag  was  to  oe  killed,  and  the  griverumnit 
M  Ii  K  changed.  One  Cullcdgr,  a  joiner  by 
Mi^waa  an  active  and  hut  man,  and  came  to 
ghiawii  bgr  the  name  of  tliePitnestant  Joinor. 
liWM  int  aeixed  on:   and  the  ^ituc?ts4>N 

«pMcbaae«D<itl.>in.- 


or  his  cliildren,  and  being  lately  informed,  that 
it  is  ordered  your  petitioner  shall  come  to  his 
trial  at  the  city  of  Oxon  about  the  middle  of  the 
next  mootlij  Your  petitioner  therefore  most 
humbly  prays  your  sacred  majesty,  that  leave 
may  be  (riven  tor  Mr.  Aaron  Smith  and  Mr. 
Robert  West  to  come  to  him  ;  and  also  to  have 
the  use  of  pen,  ink,  and  paper,  in  order  only  to 
make  hik  legal  and  just  defence,  and  ahto  to 
have  the  comfort  of  seeing  his  two  chiklren. 
And  your  petitioner  as  in  dut^  bound  shall  ever 
pray,  vScc. 

he  was  believrd  to  have  spoken  oi\  with  great 
indecency  uf  tiiv  king,  and  with  a  sort  of 
threatening,  that  they  would  make  him  pass 
the  Hill  of  Exciiuion.  But  a  design  to  seize 
on  the  kin^f  was  so  notorious  a  falsehood,  that 
notwithstanding  all  that  the  withesses  swore, 
the  Grand -jury  r«*turned  *  ignoramus'  upon  the 
hill.  Upon  this  the  court  cried  out  agauiut  the 
juries  now  returi:ed,  that  they  would  not  do 
the  king  justice,  though  the  matter  of  the  bill 
\%  as  sworn  by  witnesses  whose  testimonv  was 
well  believed  a  tew  months  bcibre;   &  was 


551]     STATE  TRIALS,  S5  CBABtfts  IL  1681.-^TW«|  of  SH/fim  OOtdgt,    [5$ft 

At  Hunpton-Court,  July  28, 1681. 

Upon  reacKrt!^  this  day  tt  the  bout!  the  Fb- 
ttdon  ofStcpben  CcUedge,  prnoncfr  in  the  Towtr^ 
pft^png' that  in  order  to  the  makin|r  his  defence 
at  his  trial,  which  he  hears  is  to  t^  the  middle 
of  the  next  month,  he  may  be  permitted  to 
see  his  two  children,  to  have  the  liberty  of  pen, 
ink,  and  paper,  and  that  Mr.  Aaron  8inith,  and 

commonly  said,  these  juries  would  believe  every 
things  one  way,  and  nothing*  the  other.  If  they 
had  tbund  the  bill,  so  that  CoUedge  had  been 
tried  upon  it,  he  would  have  Iieen  certainly 
taved :  out  since  the  witnesses  swore  that  he 
went  to  Oiford  on  tliat  desi^,  he  was  triable 
there.    North  went  to  Oxford,  Collcdge  being 
carried  thither :  and  he  tried  him  there.  North^ 
behavionr  in  that  whole  matter  was  such,  that 
probably,  if  he  had  lived  to  see  an  impeaching^ 
parliament,  he  might  have  fdt  the  ill  efRfCts  of 
It    The  witnesses  swore  several  treasonable 
words  against  Colledge,  and  that  his  coming 
to  Oxford  was  in  order  to  tlie  executing  these : 
80  here  was  an  overt>act.    CoUedge  was  upon 
a  negative :  so  he  had  nothing  to  say  for  bim- 
■elf,  but  to  shew  how  little  credit  was  due  to 
tiie  witnesses.    He  was  condemned,  and  suf- 
fered with  great  censtancv,  and  with  appear- 
nnce  of  devotion.    He  demed  all  the  treason- 
able matter  that  had  been  s\«'om  agninst  him, 
or  that  he  knew  of  any  plot  against  the  king. 
He  confessed,  that  a  great  heat  of  temper  had 
carriod  him  to  many  uiidutiful  expressions  of 
the  king :  but  he  pixitt'sted  he  was  in  no  de- 
eis^  against  him.    And  now  the  court  intended 
to  set  tlie  «vitnesses  to  swear  against  all  the  hot 
party;   ^\hi(-h  was  ])lainly  muiiler  in  them, 
who  belic\'ed  tluMn  lidse  witiiess<^s,   and    yot 
made  useoi'tht.-m  to  destroy  others.    One  pas- 
sage happened  at  Cullediri^'s  trial,  which  quite 
sunk  Dugdalf's  credit :  it  was  objected  to  him 
by  Colle«ltro,  to  take  away  iiis  credit,  that, 
wben  h}'  his  Icwihicss  he  had  got  the  French 
|)ox,  he  to  co^er  that  gave  it  out  that  he  was 
))oisoned  by  papists :  upon  which  he,  beini; 
then  in  court,  proti-stiHi  solenmly  that  he  never 
had  that  disease  ;  and  said,  that  if  it  could  be 
proved  by  any  physician  that  !ie  ever  had  it,  he 
was  content  that'all  tiie  e\idence  he  liad  ever 
gi\  en  should  be  diserctlited  for  ever.     And  he 
was  taken  at  his  wonl :  for  Lower,  who  was  then 
the  most   celebrated    physician    in    liondon, 
proveil  at  the?  council  Innird  that  he  had  been 
under  ciu'e  in  his  hands  lor  that  disease ;  which 
was  made  out  both  by  his  bills,  and  by   the 
apothecary    tluit  served  them.     So  he  wa;!$ 
ne\er  mure  heard  of."     I  Burnet,  604. 

'*  It  is  Lei-taiii,  that  his  inaiesty  had  taken 
great  uMence  at  the  Oxlord  parlianient,  for  the 
]»ailiaiiai-  zral  ot  the  [K-nr^Av  in  many  of  their 
eleciiou*;  uiid  for  the  paiticular  respe<'t  paid 
the  nieuiber-'  oi  the  cit\  i-f  Ixiudon,  in  a  great 
retinue  waiting  on  theni,  Sec.  Of  this  nuinlMT 
of  atteuduntb  ivas  one  Stephen  Colieit^e,  com- 
monly known  by  tlic  name  vi'  the  I'rtiteKiant 
Joiner,  a  busy  man,  and  a  grtat  m»lut  against 


Mr.  Robert  West  may  come  to  him  ; 
jestY  was  i^eased  to  order,  that  tke  Hmtenant 
of  the  said  Tower  of  London  do  permit  the  nid 
Stephen  CoUedge  to  have  pen,  ink,  and  paner, 
ana  to  see  his  two  children,  and  the  said  Mr. 
Aaron  Smith,  and  Mr.  Robert  West,  and  to  con- 
verse with  them  as  often  as  he  shaQ  desire  in 
presence  and  hearing  of  the  warder  who  at- 
tends him. 

popery,  who  went  down  to  Oslbrd,  and  there 
spoke  wonis,  and  veeited  rhimes,  that  were  said 
to  reflect  npon  the  king.    This  mechanic  was 
to  be  made  an  example  of  meddling  with  poli- 
tics ;  so  an  indictment  of  hurit-trcMon  waa  as- 
hibited  ufaiost  him  to  the  Grand-joiy  of  Hki- 
dlesex ;  unt  the  jory  returned  an  jgiwar—w ■ 
npon  it:  for  whini  Mr.  Wilmore, die  teemw, 
was,  out  of  all  cotirseof  law,  appf«heBded,-aDd 
examined  before  the  conncil,  August  16th,  md 
sent  to  the  Tower ;  and  was  afterwards  forctd 
to  fly  beyond  the  seas.    When  the  dcsigB  had 
thus  roisenrried  in  London,  thqr  laid  a  mw 
scene  against  this  offender  at  Cnford,  vh«c 
th0\'  hoped  to  find  a  more  pliahle  Grand-jwy: 
and  to  make  sine  that  the  bill  miglit  not  a  se- 
cond tune  miscarrv,  the  witnesaea  wcfOssiA 
down  post  to  the  asuzes,  and  by  aeeratann^fe- 
ment  were  privately'  shut  up  with  the  jwy  4 
diey  had  found  the  bill :  which  was  aikrvM 
comphuaedoti  as  an  intolerable  praetiQe.   Ai 
soon  as  the  bill  was  found  against  him»  a  jahr 
and  a  messenger  were  sent  away  to  hnrrr  hai 
down  to  his  trial,  who,  by  order  of  die  unr^ 
counsel,  took  from  him  all  his  instructions  nr 
his  defence,  and  carried  them  to  the  cooDsd, 
for  them  only  to  make  their  use  and  advaotace 
of  them.    Tnis  way  cd'  procedure  was  thou^t 
to  be  very  harsh  and  ill(*gal ;  yet  the  poor  msn, 
under  these  severe  dreumstanees,  was   not 
wanting  to  himself,  but  stmitly  made  hit  de- 
fence ;  and,  as  sir  John  Hawlcs  observes  upon 
that  trial,  the  l)est  defence,  all  cireunuitaneei 
consideretl,  that  ever  man  made  for  his  lifr. 
But  indeed,  it  seemed  to  be  a  matter  resolved 
upon  almve,  he  umst  die ;    and  so  he  av, 
August  18th,   found  guilty  of  high-treasoB, 
and  on  the  3l8t  of  the  same  mouth  uoecatfd  is 
Casile-yanl."     3  Keunet,  49(). 

*^  In'Uu'  intenal  Itetween  the  Oxford  padii- 
ment  and  that  Michaelmas  1682,  a  unieif 
nuich  discovery,  there  happened  two  noiaUe 
cases.  One  was  Stephen  Colledge,  and  die 
other  of  one  IIouk.  The  fii^t  of  these  ««• 
joiner  by  trade,  but,  being  a  pragmatical  VMS, 
and  a  fanatic,  was  set  up  as  a  prime  opeislor 
in  the  des(K^nite  doings  of  tiie  party  ;  ud, 
after  their  way  of  abusing  the  word  Pwte»" 
tant,  (\«Lieh  was  first  derived  from  the  If 
theran  pmtestation  in  Ciermany,  and  siaoe  ■ 
uscmI  to  distinguihh  all  refonneil  ciiurcbeflby 
appl\ingit  to  everything  they  approrra,!' 
thai  run  sideling  along  with  the  faction,  ssih* 
the  \%ord  iiapist  tor  the  contrary,  and  so^bjai 
art  of  culling  names,  fmding  means  for  laiiif 
no  little  pnj  idicc  u|m>ji  tliiugs,  this  ks*4[^ 
crat)Kiuan  was  made  famous  by  the  title  flf  Ai 


STATE  TRIALS,  33  Charles  II.  iGsi^/or  High  IhoMm. 


SS3'i 


To  the  Kini^i  most  excellent  Majesty,  and  to 
the  Right  Honourable  the  l/ord«  of  his  '• 
Majesty's  most  honourable  Privy  Council.  ! 
The  humble  Petition  of  Stephen  Col-  | 
LEDGE,  now  a  Prisoner  in  tlie  Touer  of 
London. 

Humbly  shewetli ;  That  your  petitioner 
Laving  boen  a  close  prisoner  ever  since  his 
first  commitment,  is  altogether  ignorant  of  the 

PiroCe^tant  Joiner  ;  and  his  province  lay  in  ma- 
Mgiug  of  Sedition  and  treason  among  a  lower 
siS:r  of  men ;  and  he  had,  in  particular,  a 
flveaft  charge  incumbent  upon  him,  to  conduct 
ttMit  which  was  dressed  up  for  the  Oxford  par- 
liauMQt. 

'*  I  would  first  note  that,  when  the  public  began 
10  svtile  a  little,  ailer  tlie  Oxford  pariiuuient 
dissolved,  there  were  daily  discoveries  of  the 
cries  intended  there  ;  and  whoe\er  has  a 
to  know    the  forms,  language,  and  cou- 
wam  of  the  treason  company  one  witli  auo- 
dbcr,  and  the  methods  of  Uie  directors  to  en- 
gifetfaeiu,  with  tlie  autliority  thefaction-mon- 
gcs  of  the  city  liad  over  the   whole,  tending 
t«  thi  ffreat  work  of  taking  off  th»  king  and 
the.  due,  may  read  Mr.  Zeal's    Narrative, 
Villainy  DispUyed,  1683.     1  do  not 
this  pampldet  as  a  voucher  of  truth  in 
because  there  was  a  spice  of  the 
in  it ;  Imt   it   affords  such  natural ! 
of  taction,  with  their  ordinary  dialect 
oomrersp,  and  prattique  of  treason,  as  caii- 
wi  well  be  all  fictitious  :  And,  ibr  the  gross 
eveiy  one  may  trust  or  distrust  as  they 
mam.    M  for  Colledge  there  was  early 
of  rank  Higli  Trrason  against  him  ; 
ad  therefore  an  luictment  was  preferred  to 
AcGrand  Jury  at  the  Old  Bailey ;  but  agaiiuit  ■ 
U  evklenoe,    as   the  following  proceedincs 
Anr,  the.  return  was  Ignoramus.    This  ob- 
laied  all  &rther  criminal  prosecution  tliere  ; 
ihi  door  was  shut,  and  no  entrance  into  the 
MiHOo  course  of  justice  was  to  be  had.     But 
ibsicaiMlalous  lc;noramus  was  bo  disdiarge, 
aid  it  was  considered  that  the  overt  facts,  of 
Ae  tnaaon  against  him,  were  the  stirring  up  of 
vac,  and,  iA  order  to  it,  preparing  arms  and  na- 
ttncate,  advising  others  to  do  tlie  like,  and 
dnnngto  seize  tlie  person  of  the  king,  and 
dBdnghewouldbeone;  and  that  no  good 
Hi  Id  be  expected  from  the  king,  who  minded 
Mhliig  but  beastliness,  and  the  destruction  of 
■I  people,  and  to  cstaUisli  arbitrary  govem- 
lioL    All  which  facts  were  done  as  well  in 
middiire  as  inMiddlcaex,wiiereby  the  trea- 
^bv  b  two  counties ;  and,  in  that  case,  the 
mm  oy  Uw  may  choose  in  which  (*ounty  he 
ipfWBue,  for  both  are  proper.    It  was  de- 
^Maod  tbmupon,  that,  since  the  justice  of 
M  laHiftmcnt  was  deniod  by  the  Middlesex 
^nad  Janr,  to  proceed  to  in£ct  and  try  Col- 
1%^  m  OxfiMOshire.     And,  there  beiag  an 
gpsitmiiijf  by  means  of  the  asoiaes  then  at 
■Wd,  Ihi  wilaiiaiija  weresent  down,  and  an  In- 
to the  ordmary  Grand  Jury, 


1554, 


particular  matters  charged  against  him,  and  of 
the  names  of  tlie  witnesses  who  are  to  prove 
the  same ;  upon  his  knowledge  of  both  wnicb, 
as  well  the  nature  as  the  manner  of  hb  deienoe 
must  depend  ;  and  because  upon  the  coui- 
deration  of  his  case,  several  matters  of  law 
may  arise  as  wtdl  beibrc  as  at  the  time  of  hit 
trial,  in  which  counsel  will  be  necessary  to 
assist  him,  and  several  matters  of  fiict  prqia- 
ratory  to  his  trial,  witli  which,  under  hu  oon* 

w  ho  found  the  bill.  This  could  not  be  unequal ; 
for  this  case  ^-as  not  thought  of  when  that 
Grand  J  ury  was  returned .  Alter  the  bill  found, 
the  assizes  did  not  continue  louff  enough  to 
bring  on  tlie  trial  of  the  prisoner,  ror  he  would 
liave  complained  of  too  short  warning.  There- 
fore an  extraordinary  commiasion  of  Oyer  and 
Teniiincr  issued  to  tlie  judffes  of  die  western 
and  Oxford  circuits  to  try  ihe  prisoner  ;  and 
the  two  funiicr  were  ortfered  to  return  from 
their  circuit  by  Oxfonl,  and  to  be  thereat  the 
day.  So  these  Judges  met  and  hehl  the  hs- 
sions,  and  af\er  a  long  trial,  upon  the  Indict- 
ment found  by  the  county  Grand  Jury,  and 
full  evidence  in  the  hearing  of  a  vast  nsnnnhly 
of  all  sorts  of  people,  the  prisoner  was  fiiaiid 
Guilty  of  High-Treason,  and,  soon  after,  exe- 
cuted ;  as  I  am  about  to  relate. 

**  It  is  not  to  be  conceived  what  a  thundsr- 
clap  it  was  for  the  faction,  to  hear  that  a  pmat 
instrument  of  theirs  should  be  brought  toanswer, 
much  more  to  be  attain  of  IVmon.  Th^ 
thought  their  wlide  party  safe  eooooaoed  be- 
hind tlie  sheriffs  of  London  and  Middlesex* 
with  tlieir  partisans  of  Ignoramus ;  and  that 
the  law  was  enervous  as  to  them.  And  now, 
for  one  of  tliem  to  be  haled  forth  to  an  indif* 
ferent  trial,  with  tlie  consequences,  was  of  the 
last  importance,  and  would  render  the  most 
aealous  of  their  party  less  daring,  and  many 
(as  was  fiiiind  in  diverse  instances  already^  oa 
over  and  become  discoverers.  This  niade'& 
whole  party  engage,  as  pro  ArU  el  Feoisi 
all  the  skill  and  interest  they  had,  to 
this  fire-ship,  and  save  their  friend.  And 
conlingly  they  went  to  work,  invanting,  ean- 
triving,  solicitmg,  by  all  ponible  meaao,  if  h 
niiffht  be  broiight  about,  to  ^afle  Ihe  tiiol. 
And  the  attendance  was  accoidingly,  fi>r  there 
was  scarce  a  pragmatical  town  party- BMm 
absent;  and  abundance  of  the  vnlgaraortsf 
tliem.  Aaron  Smith,  as  far  as  be  durst,  and 
that  was  not  a  little,  took  the  post  of  solicitoT 
for  the  prisoner.  It  was  he  that  was  agent  ftr 
the  Scotch  rising  in  the  Rye  |ilot.  TMoe  was 
Dr.  Oates  booted,  awl  spurred,  and  swncded, 
and  the  whide  trained  band  of  hii  dopendaMse 
to  help  out,  that  could  so  well  help  in  at  a  dead 
bfV  \Vi«li  this  annament  ami  attendaaoe,  net 
anlike  that  whidi  was  at  the  meeting  of  pariia- 
roent,  this  Protestant  Joiner  came  down  lobe 
tried  at  Oxford. 

«*  When  the  western  Judges,  that  is  ihe  Lord 
Chief  Justice  North  and  Mr.  Justice  Janes,  ar- 
rived, just  at  his  lordshii>*s  alighting  from  fan 
ooadi,  a  servant  put  iato  nis  huid  a  lettnrfaft 

1 


«55]     STAT£  TRIALS^  33  Charles  II.  l6S\.~-liial4^SiepkemQaiedge,    [S5t 
ilDement  he  cannot  be  fumislied  without  the 


hdp  of  a  Bolicttor,  nnd  he  is  hlce  to  be  wholly 
UDcapdUe  of  receiviat;  any  benefit  from  the 

directed  for  him.  He  opened  it,  and  found  only 
these  words, *  You  ai-e  the  roffwc  the  Court 

*  rdfes  on  for  draviing  tlie  lirst  iniioceni  blood.' 
AlVer  his  lordship  was  in  his  chamber  and  some 
IHends  with  him,  he  shcr^ed  it  to  them,  sayiu^; 
only,  that, '  These  men  think  me  so  poor  spirited, 

*  as  to  he  fr^hted  from  my  duty  by  such  silly 

*  stnflT  as  this.'  It  is  a  thiiu^  of  course  for  men, 
in  the  circumstances  of  this  criminal,  to  de- 
sire time  afler  time,  and  to  insist  upon  all  dila- 
tories,  and  to  be  very  querulous,  if  every  thing 
they  ailc,  be  not  granted  ;  for  they  are  never 
IB  haste ;  and  it  is  always  one  I'equeflt  for 
fiiends  to  have  access  to  them.  And,  in  this 
case,  there  was  enoufjfh  of  all  this  ;  for  ]>eti- 
tions  upon  petitions  had  been  preferred,  pray- 
ing such  kind  of  indulq^cnces,  which  were 
granted,  as  appears  by  the  petitions  and  orders 
jirinted  at  the  begr'mning  of  the  trial,  to  &ik>hf% 
the  lyiug  spirits  of  the  party,  who  tlien  (as  tliis 
anthor,  in  this  his  Complete  History,  hath) 
ialsely  pretended  tliat  he  had  neither  time  nor 
means  allowed  for  his  reasonable  defence.  In 
the  list  of  the  prisoner's  counsel  we  tind  Mr. 
Smith,  that  was  plot  counsel  to  Gates,  and^ine 
West,  deep  in  the  Rye  conspiracy  ;  and  thi^se 
^{entlemen,  with  thou*  assistant,  had  ]icnned  for 
the  prisoner's  use,  not  only  captious  law  ques^ 
tjons,  but  florid  speeclies  and  uarangfues,  with 
the  cues  where  they  were  to  be  pricked  in,  as 
the  course  of  the  trial  went  on.  The  contents 
were  recrimination  and  libel  upon  the  pfovern- 
ment,  char^o^  po|»ery,  French  counsels,  cut- 
ting off  protestaiits,  arbitrary  power,  and  the 
like  factious  stntf,  such  as,  if  not  helping  the 
prisoner  off,  ntight  fill  the  trial,  when  printed, 
with  libel  upon  tbe  government ;  an  art  usual 
with  the  faction.  After  the  prisoner  was  come, 
the  Judges,  at  his  desire,  allowed  free  access  of 
his  friends  to  him.  But  one  of  the  officers  ob- 
served that  one  of  them  put  a  parcel  of  papers  in- 
to.hishand ;  and,  ui>on  his  informutionthey  were 
sent  for  and  inspected,  anil  found  to  be,  partly 
concerning  his  defence,  as  witnesses  names, 
&C.  hut  abundance  of  the  aforesaid  libellous 
harangues.  >Vhen  the  court  was  set,  any  one, 
that  knew  persons,  might  be  diverted  by  oitserr- 
ing  the  diligence  of  the  soliciting  crew,  and  how 
they  had  poste<l  themselves  in  the  view  (»f  the  pri- 
soner, and  made  signals  at  all  turns  with  winks 
and  lip-bitings.  The  prisoner  was  arraigned, 
and,  aftler  much  ailo,  pleaded  Not  (luilty,  and, 
upon  his  complaint  alK>ut  his  |»a)M*rs,  they  were 
distinguisIuMi,  and  all,  that  were  not  nicrt^  IIIk'I, 
returned  to  him,  ami  his  trial  was  ai»pointed  the 
next  day.  It  is  a  pity  our  author  had  not 
copiesof  these  hnrangui'^s  to  put  in  full  length 
into  his  History,  they  \iould  have  sat  very  well 
there.  i 

•*  I  do  not  propose  to  make  a  report  or  extract  j 
of  this  trial,  to  n*pres<>iit  the  numerous  cavils 
and  chicaneries  that  were  used  in  it,  for  the 
whole  b  IB  print,  andreadily  had ;  and  let  that 


privilege  allowed  by  law  of  pereinptory  chal* 
ienge  to  several  jurors,  especially  in  a  country 
where  he  is  absolutely  a  stranger,  unless  hi 

suffice.     I  shall  only  note  a  passage  or  two,  m 
I  think  singular,  and  then  speak  uith  the  au' 
thor  about  the  honest  copy  he  has  made  froiu 
su  just  an  original.  It  was  Aaron  Smith  that  put 
the  papers  into  the  prisoner's  hand,  and  bemn 
qu(\»tioned  about  it,  lilknl  up  as  high  as  be  couU 
stnich,  and,  said  publicly — <  It  is  high  time  to 
'  have  a  care  whcm  our  lives  and  estates  are  besei 
*  here.'   The  chief  justice  rose  up  and  (calmly) 
said  to  the  dcrk,  ^  Record  those  words. '  The  coih 
sequence  of  that  was  a  conviction  without  ftr- 
ther  trial ;  upon  which  the  court  raiglit  have 
adjudged  a  punishment.  But  Smith  was  aware 
of  that,  and  fell  to  recanting  and  explaining, 
which  diverted  the  proceeding  ;  and  the  judges 
only  took  his  recognition  to  attend  during  the 
session.     This  passage  of  reonrding  the  words 
is  not  put  in  the  printed  trial,  liecauae,  as  I  sap- 
pose,  nothing  bemg  done,  it  went  for  nothing. 
Sir  George  Jelferies,  and  one  of  the  prisoner*! 
witnesses,  had  aparrce  of  wit.  It  was  one  John 
Lunn,  an  old  quondam  drawer  at  tlie  8t.  Dun- 
stan's,  ali4A,  I>evil  Tavern,  and  gifted  like  m 
army  saint.     He  was  once  heara  praying  hj 
the  spirit  against  the  cavaliers,  and,  among 
other  spiritual  elegam^ies,  he  cried,  *  Seatter'cv, 
<  ^;ood  liord,  Hcatter'em,'  which  gamed  himihe 
nickname  of  Scatter'em.    Sir  George  Jefleiia 
was  somewhat  too  busy  in  asking  nim  qon- 
tions  :  nnd,  sir  George,  said  he,   I   never  wu 
u|)on  ni>  l:nne.s,  as  you  were,  before  the  par- 
liament* Nor  1,  said  sir  fieorge,  for  much,  but 
voH  were  so  when  you  cried  Scatter 'em.    Dales 
wus  also  called  to  witness  tVir  the  prisono', 
ii^rainst  the  credit  of  some  (»f  his  brother  cvi- 
dt-nc(^  that  had  tesliHedfor  the  king.     He  af- 
fect«Hl   to   pronomice  ore  rotundtt,   the  round 
oaths  and  ribald  stufi'that  he  chai^eil  the  otben 
to  have  uttered.     And,  among  other  tbiofps 
he  said  of  one  Smith,  who  was  a  minister,  tbit 
he  once  admonished  him  of  his  oath  upon  tbe 
gospel,  and  his  answer  was  G —  d —  the  gospel; 
and  that  vile  sentence  Oat€*s  mouthed  out  so 
(Mliously,  as  very  much  offended  al^  (not  so  bad 
as  himself)  that  heani  it.     And  the  manner  of 
his  behaviour  shewt^l  the  genius  of  tbe  man 
more  than  any  description  can  do.     He  did  bat 
use  the  priv  ileije  of  a  theist  or  free-thinker ;  of 
\^  hich  crew,  or  worse,  he  plainly  de<;lareil  him- 
self by  this  passage,     He  told  of  his   uaitioff 
with  some  company  for  dinner  in  the  city,  and. 
said  he,  to  di\ert  ourselves,  we  entered  into  * 
disc<»urse  of  pliilf»sophy  ;    and   the  questioM 
were  concernnig  the  being  of  a  Ciod  and  thf 
iminortalitv  of  the  soul,  wlunher  those  could 
lie  prove<l  by  nattn-ul  denuMist ration.     And  he 
seeuKHl  umch  grutifitnl   in  this  opportunity  of 
talking  profanely  in  public     But  enough  of 
these  bas(*  niruientos.     It  is  time  to  come  to 
our  author,  who  pretends  to  sink  de(*pfor  tfae 
intrigue  of  this  man's  case. 

**  He  begins  with  his  character,  which  after 
his  nde  of  the  times,  was  meritorioua ;  andlii 


STATE  TRIALS,  S3  Charles  II.  168 1. —/or  High  TVeasoH. 


[55? 


re  some  knowledge  of  Uiem  hefore  his 
In  fall  awinnance  therefore  of  the  ppreat 
ind  clemency  of  your  majesty  and  this 

no  other  than  zeal  against  popery,  *  that 
s  a  busy  man,  and  a  great  talKer'against 
f.'  A  good  workman  at  disjoining,  who- 
id  him ;  and,  as  for  his  oHvnce,  *  he 
jown  to  Oxford,  and  then*  spoke  words 
cit«tl  rhymes  which  wei*e  said  to  reflect 
•  king.'  'What  a  barbarous  way  of  writ- 
lis !  Only  *  said'  to  reflect  on  the  king. 
:hor  is  so  far  from  allowing  any  thing 
ible  in  his  case- tliat  he  carries  it  no  farther 
ew  wonls  and  rhymes  wliich  were  but 
nupposed,  not  that  tht^  really  did  reflect 
jing  ;  and,  if  they  dicf,  we  luiow  that  is 
demeanor  and  not  ti-eason.  Why  did 
dif»w  wliat  the  words  wore,  the  tt-nilencv 
of  the  rhymes,  and  other  fact  proved  ? 
1  then  have  ap}K;and  he  was  piM't  and 
master  as  well  as  songster.  He  was 
drautrlitand  design,  and  could  make  hie- 
ics  of  popery  and  arbitrary  ])Owrr :  and 
tt  eiiibfemntically  the  downfall  of"  his 
;  a:^iu  hisRavee-showandMackninny, 
wrhed  before.  Uiit  those  wore  bawbh  s 
underling  mob  to  be  engageil  with.  His 
BR  for  action  \^  as  of  :viiotncr  sort,  iron 
id  arms,  besides  notable  persuasive  dis- 

he  had  to  incite  folk<t  to  use  them 
the  king,  whom,  by  his  slighter  imnle- 
he  Tilifietl  and  derided  most  execi-ably. 
Ike  the  hero,  '  tarn  Marti  (juam  Mcr- 
be  plied  his  work.  If  the  trial  had  not 
I  print,  it  had  lieen  needful  to  have 
fu'.ler  accountof  this  case  :  But  1  de- 
e  ttrdium  of  a  nice  examination,  at  this 

the  day,  superfluous  ;  it  U  enough  to 
le  perfidy  or  the  account  given  in  this 

» 
r  ■ 

^oeson  to  sutn  up  all  in  a  little ;  shewing 
B  mechanic  was  to  b*^  *■  made  an  example,' 
any  tn>ason,  or  so,  but,  *  for  meddling 
politics,*  the  rest  follows  of  course  ;  but 
f  an  admirable  conciseness,  and  so  an 
lent  was  rirefenred  against  him.  I  am 
draid  of  beinir  siLspected  fi)r  abusing  an 
•■1  writer.  It  being  almost  incredible 
■tender  that  way,  even  of  the  Cimhstreet 
boald  take  upon  him  to  relate  faints  and 
fingi,  and  write  such  stuff  as  tf  lis.  Hut 
eave  of  his  *  and  so,'  the  indictment 
ranletc  viith  facts  of  high  treason  as 
1  before,  and  all  proveil  by  lawful  wit- 
■gainst  him,  before  the  London  grand 
bitf  they  (just  as  oiir  author  here)  made 
Uhd  of  It,  and  rejected  tlie  bill.  Tlien 
MTtT  cxmoliuled,  C'ollege  was  safe.  Now 
iBtDe  antlior  nith  a  fresh  sidiject  of 
^ur  whicli  (Ignoramus)  Wilmorc  tlie 
IH,  was,  out  of  all  conrsG  of  law,  ap- 
Wed  and  examined  before  thecoiyicil, 
iotl'  to  the  Tower,  and  was  af^er^iards 
l.tofj  beyoud  the  seas.'  Now,  upon  my 
■MMiee of  aiTairs,  which  tells  me  this 
tfirfllBlMtbetnie,  I  will  out  with  my 


honourable  Board,  which  he  hath  lately  ha^ 
some  exnerience  of,  and  doth  with  all  humifitj 
and  thankfulness  acknowledge,  your  petitioner 

purse,  and  wager  all  that  is  in  it  that  the  scan- 
dal is  false.  But  I  fear  every  reader  will  hot 
venture  so  deep,  being  fpernaps)  inclined  to 
think  a  grave  writer  should  not  anirra  a  fiiicty 
in  manner  and  circnmstance,  so  very  untrue. 
Tliat  Wiimore,  by  his  perjurious  Ignoramus, 
was  not  much  recommended  to  his  majesty's 
favour,  so  as  by  his  extraordinary  interposition, 
to  be  taken  out  of  the  hands  of  the  law,  when 
it  had  seized  on  him  for  crhnes,  I  readily  grant ;. 
as  also  that  if  a  man  will  eflTrontuously  oteak 
the  sacred  trust  of  justice,  in  a  matter  of  trea- 
son against  the  state,  more  like  a  partisan  than 
a  sv/om  enquirer,  that  the  state  will  lay  hold 
on  him,  if  he  be  found,  in  any  respect,  ob- 
noxious to  the  law  :  And  farther,  that  a  man 
must  needs  be  a  saint,  indeed,  that  praictiaea 
barefaced  against  la^-ful  authority.  All  these 
things  I  grant ;  whereof  the  consequence  ia 
that  Mr.  Wiimore,  and  every  one  else  of  hia 
bold  usurpation,  must  look  to  their  hits  ;  fbr.  If 
they  may,  they  will  be  caught  napping.  But» 
as  to  the'ssid  *•  for  which,'  that  is  tor  his  return 
of  Ignoramus,  I  deny  that  it  either  was  made 
or  mentioned  to  be  any  iMirt  of  his  crime ;  but 
he  was  taken  up  by  laivrul  warrant,  and  not,  aa 
the  author  abusively  affirms,  for  his  verdict, 
which  could  not  be  so.  It  seems,  some  of  the 
neighbours,  that  had  him  in  detestation,  in- 
formed that  he  was  a  kidnapper,  and  that  he 
had  sent  one  or  two  youn§^  men  to  the  plan- 
tations ;  and  it  was  verily  believed  he  had  sold 
them  there.  Upon  this,  he  was  taken  up  and 
examined,  and,  afterwards,  not  only  tned  at 
the  King's-bench  bar  and  convict  (as  I  find  in 
the  Chronological  History  of  England,  24  May 
1682)  but  was  also  obnoxious,  if  not  charged 
by  a  writ  dc  Homiae  repleeiando,  and  com- 
mitted (as  the  nature  of  which  writ  requires) 
until  he  produced  the  persona  in  order  to  be  re- 
plevied, this  was  the  ancient  remedy  for  the 
liberty  of  the  subject,  arid  is  mdeed  more  ef- 
fectual and  expedite  than  an  Habeas  Corpus. 
The  diflVrence  is  that  the  fbrmer  is  the  prooeaa 
oT  the  government,  that  took  care  of  the 
[leople's  liberties  (wlicrefore  men  affected  to 
Ktyus  themselves  the  kin^s  subjects)  against 
the  great  nrien  that  tyrannised ;  and  the  latter  Is 
chiefly  intended  acamst  tlie  government  itself, 
and  the  abuses  of  its  power.  But,  as  for  Wii- 
more the  kidnapper,  he  found  means  to  clear 
himself  by  the  aiTtivity  of  his  heels.  Who- 
ever wouM  know  the  siiips  of  this  matter,  may 
find  somewhat  of  it  in  the  pamphleta  of  the 
time,  and  partrcularly  in  L'Estrange's  Obacr- 
vatora ;  out  of  which  Uie  whole  atory  may  be 
picked. 

*Mn  such  a  case  as  this,  so  defkmatory  of  a 
settled  government,  an  author  should  have 
inadegoKNl  his  charge  by  some  authoritative 
evidence,  as  the  order  orconncil,  warrant  of 
commitment,  or  return  of  an  Habeas  Corpua,  aa 
might  have  been  had  fbr  the  looking  Ibr.    O ! 


559]     STATE  TRULS.  S3  Chabl  AIL  ]6&i.^rrfW^S»cjiibii€Mfci^,     [5«C 
doth  humbly  beseech  your  mfyesty  and  this  |  may  have  free  access  to,  and  ptitvte  confer- 


hommnUe  Boardi  that  he  may  have  a  copy 
of  ^e  indictment  against  him,  or  the  particular 
charges  of  it,  that  his  counsel  and  solicitor 

but  then,  his  saying  it  was  for  his  verdict  had 
^apmreA  to  be  a  maty,  and  had  spoiled  a  very 
noeat  libel.  Marry,  he  thanks  you  for  that ;  uo, 
though  the  matter  lay  fair  enough  for  reflection, 
as  tODAve  said  that,  for  revenge  of  Iiis  Iffnorainus 
a  pretence  of  kidnapping  was  taken,  Sc.  for  he 
would  not  abate  an  hair  of  the  Tenoni  of  his 
UbeJ,  and  therefore  says  it  positive,  vrithout  any 
pretence  at  all.  But,  to  do  the  faction  justice, 
I  must  allow  thai,  according  to  their  scheme, 
tney  were  much  in  die  riglit;  for  having 
a  gwemment  to  undermine,  then  lies  and 
libela  served  as  spades  and  mathooks  to 
wodc  with.  But  now,  to  gp  on  with  the  story, 
fw  I  think  I  must  transcribe  the  whole  para- 
graph. *  To  make  sure  that  the  bill  migiit  not 

*  miscarry  a  second  time,  where  (at  Oxfoiu)  they 
'hoped  to  find  a  more  pliable  grand  jury,  the 
'  witneiwes  were  sent  down  post  to  the  assises.' 
Whel}ier  by  post  with  the  horn  soundinu^  be- 
fore, or,  as  1  guess  the  trutli  was,  bv  coaches  in, 
which  there  mi^ht  be  six  horses,  \«Iiich  trotting' 
apace,  and  calToping  sometimes,  saved  their 
tide  and  reached  the  assise  town  before  the  bu- 
sines  swasdonie.  Now  this  word  *  post'  has  a  ji- 
ne  $gai  quai  sound  of  a  deep  design.  But 
oporUt  mcndactm  cue  memorem ;  Oir  now  it  is 

*  Doped,'  a  line  or  two  before  it  is  *  made  snre,' 
that  is  they  made  '  sure  hopc-s.'  But,  to  wave 
bulls,  why  might  not  they  m  Oxfonlshirc  make 
sure,  when  it  was  evident  no  luipaeked  and  nn- 

Srepared  grand  jury  could  reject  such  an  in- 
ictment  r  Then,  as  for  hi^  *  pliable/  the  chief 
gentry  in  the  county  of  Oxford  are  his  hum- 
ble servants  for  the  compliment  ;  for  men  of 
honour  are  very  *  pliable'  to  perjury. 

<*  Now,  to  go  on  with  thu>  hedge  libel ;  '  and, 
'  by  a  secret  management  shut  up  nitli  the 
<  grand  jur^'  till  thev  found  the  bill.'  A  l»ailiff  ut 
the  grand  jurj  chamber  door,  to  let  in  those 
that  nave  buMuess  and  none  else,  is  a  mana^cr 
of  secrets.  Do  but  ob^serve  the  hot  und  culd 
dealing.  In  Rous's  case  it  \^aJ  a  privilege  to 
be  secret,  and  iiom-  it  is  in:inu<;emeiit.  The 
maUcious  and  false  insinuation  isthatthei^anil 
jury  chamber,  beinj^jf  free  for  all  comers,  us  an 
open  court  of  trials  is,  yet,  in  this  case,  it  \i  as 
shut  up  for  managciiient.  O  woeful  law- 
divine,  that  doth'not  knoiv  tliat  pbce  is  always 
cl(»se,  and  not  o|)en  to  any  that  are  not  called, 
or  have  no  busmess ;  and  that  no  deiencos 
being  heard,  only  the  prosecutors  and  their 
witnesses  attend  to  tdiew  that  there  is  reason 
for  the  pr(»sci'ntiou.  And  how  could  these 
men,  as  they  are  Rworn,  keep  the  king's 
secrets  and  tlieir  own,  if  they  were  not  close, 
(fall  people  might  come  in  at  such  examina- 
tipns,  prisoners  v\ould  have  spies  ujton  the 
testiniODy,  which  would  be  of  ill  consequence. 
But  th^  true  grievance  of  the  faction  was, 
partlv,  the  want  0f  that,  and,  partly,  that  tlie 
soKcdnn  and  «groU  of  diverse  sf^i«f«  sent 


encc  with  him ;  and  because  their  own  private 
afiaira  or  other  acculents  may  call  away  soon 
of  his  coimsel  from  his  assistance,  that  Mr 

down  to  labour  about  freeing  the  prisoner,  wen 
deprived  of  the  opportunity  of  standing  Miiwl, 
whispering  anci  conmienting,  dunng  tin 
examination ;  as  for  instance  -^  <  thia  is  po< 
pbdi    work'  —  *  that    is  an   Irish   papnT-- 

*  knaves  come  to  destroy  protestants' —  '  u 
protestant  plot,'  and  the  like;  and,  perhaps, 
take  the  boldness  to  ask  questions  pngmati- 
cally,  or  otherwise,  though  1^  tl^irloolDi, 
aflront  the  testimony.  ^Vhereby,  if,  in  ordi- 
nary cases,  the  crowd  used  to  be  I^  in,  as  thn 
were  not,  yet,  in  this  case,  it  was  reaaonabli 
to  liinder  it.  And  now  comes  the  tav  to  tlw 
fine  lace.  '  This  was  atlerwards  combined  d 
^  as  an  unsutiferable  practice,'  that  is  not  lettii^ 
tlic  crowd  mto  the  grand  jury  chamber ;  boi 
by  whom,  or  to  whom  complained  of?  Bji 
Sbute  to  Pilkington,  or  by  Pilkington  li 
Shute  ?  It  could  not  be  by  any  one  man  d 
common  sense  and  knowKd§[«  of  things  k 
anotlier.  If  he  means  any  formal  complMil 
to  authority,  as  for  an  hardship  or  wrong  tee, 
the  sentence  is  a  great  untruth. 

'*  He  comes  now  to  tlye  ciramnstancei  almrt 
the  trial,  which,  I  hope,  was  no  private  ap- 
nagemcnt ;  but  *  he  was  hurried  down.'  This  ii 
like  the  posting  down  of  the  witnesses.  Ud 
trades  much  in  words  that  sound  without  any 
sense  in  them :  For  what  was  this  *  huny  V 
If  it  M  as  the  lon^  trot  (»f  the  horses,  and  swifl 

f;issH<re  to  Oxforil,  it  is  a  fooIi^h  expression, 
f  it  was  so  that  the  prisoner  was  deprived  of 
any  just  means  of  defence,  as  the  libel  seem 
to  mtend  should  lie  understood  by  it,  it  is  false; 
and  tlie  prints  before  the  trial,  as  also  the  trial 
itself,  that  shews  all  the  material  circum- 
stauces,  confutes  it.  Hut  tragic;il  wonb 
souictiines  heut  the  willing  imagination,  so  si 
to  form  in  itself  a  lye  when  the  author  dinil 
not  >ay  it.  iiut  we  shall  grow  more  and  more 
direct ;  i'or,  about  the  pafiers,  taken  and  (except 
the  lihellous  hiiran<rnt>s)  rr-storeil,  the  author 
says,  *  This  way  of  procetlure  was  thought  to 

*  he  very  harsh  and  illegal.*  Neither  the  one  nor 
the  other;  firr,  as  tlie  known  law  was  thes, 
prisoners  Mere  up^ed  to  miike  their  defence 
upon  their  innoeeiiee  of  tiie  fact,  to  be  tried  by 
the  coinilry,  without  foreiicn  assistance  to  io- 
vi:nt  exceptions  of  form,  and  dihitoriei;  for 
wliii.h  reason  no  counsel  used  to  be  alloirej 
them  :  J>ut,  if  they  could,  hy  any  means,  sbev 
to  the  court  any  matter  of  laV,  in  point  of 
form  or  otherwise,  the  court  was  trusted  tt 
give  thuui  the  full  lieueJit  of  it ;  as  thev  weif 
also  if  it  appeareil  to  them  without  tte  pri- 
soui-r's  shewing':  uhich  made  it  a  commoa 
saving  that  the  court  is  tiie  prisoner*s oounieL 
Nor  is  tliis  to  be  accounted  an  harsli  law  ((if 
law  it  was)  however  thought  Ht  .since  tofcp 
altered ;  ftn:  i »tfenci's,  of  tliis  kiml,  are  so  diW 
cubr,  and  witlial  so  dangerous  U»  govtiuHinH 
that  it  is  necessary  they  have  some 


STATE  TRIALS,  33  Charles  II.  l£8l.-/0r  High  Vreasm.  [562 


I  Mr.  Smith,  Mr.  Thompson,  Mr.  I>»r- 
r.  West  ot'  the  Middle-Temple,  Mr. 
s  of  LincolnVIno,  Mr.  liotherham, 
nell,  Mr.  Rowny  of  Gray's- Inn,  Mr. 

minals  m  (he  way  of  justice,  more  than 
lar  in  common  wranfifles  of  wteum  and 
that  Ar€  of  tittle  consequence.  For,  if 
is  not  had  in  such  cases,  force  will  take 
and  nothing  is  extraordinary  when  a 
r  justices  sworn  have  the  power  of  the 
mm  of  a  trial,  by  which  ri^ht  is  to  be 
etween  the  ffoi'erument.  and  traitors. 
ifBaj^ine  that  lawful  judges  ai-c  corrupt, 
roas ;  because  of  the  necessity  of  judg- 
id  consequently  of  powers  to  jud^,  es- 
f  when  a  trialis  in  public,  tor  nil  the 
ucse  to  obsene  and  judpfe  even  the 

who  are  in  a  sort  (in  captious  times  at 
pon  the  terms  of  giNKl  beliaviour,  be- 
nen  may  see  their  partialities  when  the 

so,  as* it  was  not  here.  But,  since 
is  not  allowed  to  prisoners  by  the  means 
lal  counsel,  why,   1  beseech  you,  by 

speeches  and  Vhctorical  harangues, 
were,  in  truth,  impertinent  to  a  just 
U  and  contrived  for  another  end,  and 
ai  libel  upon  the  govtnmment  Pit  had 
rare  device  to  publish  libels  with  safety, 
een  permitted  tlie  prisoner  to  read  them 
cofne  out  qt  his  papers. 
t  the  author  still  thinks  him  *  under  se- 
ancumstances.'  It  is  well  the  trial  is  in 
ebe  these  poetical  cxpn.'ssions  would 
Mint  this  man^s  case  in  the  minds  of 
ist  know  no  better.  But,  from  the  old 
at  Idler  judex,'  I  may  take  a<^!arance, 
rm  that  no  man,  that  ever  was  tried  for 
eaaon,  had,  or  coidd  cluini,  more  lati- 
r  scope  of  defence  than  was   allowed 

man ;  "which  is  sufhcicnt  in  answer 
lat  erer  was  or  can  be  allnlged  against 
d.  And  the  author  is  but  a  summist  of 
d  npim  this  head  ;  for,  near  the  time, 

was  not  desperate,  but  bokl ,  and  they 
r  railed  at  the  judges  publicly,  but  put 
iUous  pamphlets,  out  of  which  the  au- 
s  his  excerpts,  which,  at  the  time,  were 
H  snflieietitly  to  the  common  satistiur- 
a4  equal  persons;  but  out  of  the  an- 
no' word  to  be  found  here.  Now  see 
I  historian  can  side  with  a  traitor  in  his 
Por  the  aiitlior  liath  the  brass  to  add, 
liaed  it  seemf'd  a  niuttcr  resolved  from 
,  be  must  die,  and  so .*    One 


ttb  author  to  be.  a  divine,  w  oakl 
b  him  a  fatalist,  and  that  he  speaks  of 
dbof«,  Ad  iiOt  of  art  earthly  king. 
fiia  '  iooeed  il  seemed*  are  smgular 
IV  Bal» pAsa forma,  if  any  thingtVum 
irfak  wone  than  this  suljihorous  sen- 
ni09  ao  now.  The  very  she\«  ing  it 
fjkia  dbtnA  the  entrails  of  any  candid 
'Nied  to  infamy.  One,  that 
Ae  lines  of  possibility,  is  a 
'  aad  ao  artist  to  this  that  de- 
l  tbM  »,  that  a  oiD 
.Till. 


Pollexfen,  Mr.  Ward  of  the  Inner-Temple, 
may  be  assigned  him  for  counsel,  and  Aaron 
Smith  for  his  solicitor,  and  that  he  may  have 
a  copy  of  the  jurors  to  be  returned  upon  his' 

sent  down  to  the  law,  and  faiHy  in  the  face  of 
the  nation,  tried  and  attaint,  was  doomed 
before*  hand  ;  right  or  wrong, .  *'  He  must  die.' 
8o  here  is  premeditated  murder  chained  upon 
king,  counsel,  officers,  judges  anfl  jury  all  at 
onoe.  1  am  sorry  that  the  author's  unsufier-* . 
able  malice  to  the  times  of  tliis  reign,  shbwed' 
in  his  fidsifying  tliis  trial,  has  drawn  me  to 
lose  so  much  ])a|»er  and  ink  about  it.  One, 
tbat  is  wear}',  and  lias  a  mind  to  have  done, 
n)ust  grieve  at  such  provocations ;  and,  as  the 
common  saying  is^  flesh  and  blood  can  scarce 
bear  with  hnu,  who  hath  given  no  historic^al 
account  at  all  of  the  matter,  but  only  hath  put 
together,  as  under  a  common  place,  a  parcel 
of  sentences,  evci-y  ono  sidiUmated  libel." 
North's  £.\amen,  51)5. 

**  A  Bill  of  Indictment  wos  presented  to,  the 
Grand  Jury  of  the  City  of  London  against  Col- 
ledge  the  Protestant  Joiner,  as  he.  was  alwayt 
called.  The  witnesses  against  him  were  Mi^ 
Siuitli,  Mr.  Dugdalc,  Mr.  Hayn^  tJie  two 
Macnainara's,  and  sir  Williihn  Juamngs.  Thef 
all  positively  swore,  that  CoUodgo  told  them, 
there  was  a  design  to  seize  the  king  at  Oxford^ 
and  bring  him  to  London,  and  there  keep  him^ 
till  he  had  complied  with  them,  of  elsq  to  bring 
him  to  the  block,  as  they  did  his  father ;  a&d 
tliat  in  thisdesign  the  Hoose  of  Lonls  and  Com- 
mons were  concerned,  and  that  tliere  was  ap 
army  ready  at  London  to  assist  them.  It  ia 
certainly  true,  that  never  men  swore  more 
firmly  than  they  did  in  court,  before  the  jmrjTy 
w  ho  'demanded  of  the  court  a  copy  of  their 
oaths,  and  that  the  witnesses  might  go  with 
them,  to  be  examined  apart;  which  request 
was  granted  to  the  jury,  and  after  two  or  three 
liourK  consideration,  the  jury  ratunicd,  anti 
fomid  the  bill  ignaramus.  Upon  which  the  lord 
chief  justice  demanded,  wliether  they  would 
give  no  reason  tor  tliis  verdict ;  and  wheilMr 
they  beUeved  those  six  witnesses  pajiwed  ?  to 
which  thuy  replied,  That  they  had  given  their 
verdict  according  to  their  consciences,  and  that 
they  wonld  stand  by  it.  To  which  the  lord 
chief  justice  North  said.  There  was  never  such 
a  verdict  brought  in  the  world.  The  gran4 
jury,  before  they  were  discharged,  deUvered  a 
l»etition  to  the  court,  desiriug  the  removal  of  ihie 
rnicsts  and  Jesuits  farther  from  the  Lords  in  the 
Tower,  tiiey  holding  correspondence  with  them. 
Ujion  bringing  in  Siis  hill  i^noramut,  Colledtte 
wdl  be  sent  to  be  tried  in  Osdord,  where  the 
judges  arrived  the  15th  of  July,  llieir  com- 
mission was  opened,  and  the  grand  jury  waa 
sworn,  of  M  hicn  sir  Thomas  H|iencer  w  as  rore- 
nian ;  the  rest  were  all  gentlemen  of  loyalty, 
and  Pnitestants,  and  of  go«)d  estates ;  and  upon 
hearing  tile  evidence  against  Colled^v,  they 
found  the  inilictuient  *  Bdla  vei-a,  ueiuine  ca«- 
*  tradicente.'  One  of  the  evidence  against  him 
■wore,  That  if  the  king  did  not  agne  with  bm 

20 


56'»]     STATE  TRIALS,  33  Charles  IL  \6Sl. ^TVial of  SirphcuCHfedge,     (56* 


trial  some  davs  before  tlie  trial.    And  your 
petHioner  sbali  ever  pray,  bcc. 

At  Ilampton-Court,  August  11,  1681. 

It  is  is  ordered  by  his  majesty  in  council, 
Tliut  tbe  inenda  and  relations  of*  Steph<n:i  Col- 
ledgp,  A  priKoner  in  tlie  Tu^ier,  shall  have  li- 
berty of  visiting  oud  freely  conversin{|p  with 
him*;  and  the  lieutenant  ot  the  Tower  naving 
first  Cfiused  their  names  to  be  taken  in  i«Titing, 
is  to  suffer  such  friends  and  relations  to  have 
access  to  tlic  said  Stephen  Cnlled^e,  without 
an^'  int^rruptiou  from  time  to  time  accor- 
ilingly. 

Tub  trial  of  Sn^EPHEN  COLLEDGE, 
.1         AT  Oxford.* 

•  On  Wednesday  the  17th  of  August,  16R1, 
the  lord  Norreys,  Lord  Chief  Justice  Nortli, 

jiarliamcnt,  there  was  a  design  to  seize  upon 
turn,  and  30,000  men  were  ready  in  the  city  of 
London  to  back  the  dcsi^  ;  and  that  if  the 
king  refused  to  pass  the  bill  of  exclusion,  they 
would  ser^  him  as  they  did  his  father.  Tins 
Colled^  was  brought  to  his  trial  at  Oxford,  be- 
fan  the  lord  chiCT  justice  North  and  justice 
Jones.  The  trial  lasted  from  two  in  the  after- 
iMKm,  fiH  two  in  the  morning,  so  much  time 
WM  tikeh  up  in  examining  the  witnesses.  The 
ertd<eiii6e  against  the  prisoner  was  the  same 
vr\ndi  was  at  the  Old  Bailey ;  those  for  the  pri* 
«Wier  were  chiefly  Mr.  Oatrs,  Mowbray,  and 
Wnldron,  who  Kjiid.  tint  f)iig«laiu  and'^Smirh 
toM  them, the V  knew  notliinsf  airninst  Colledtit* ; 
but  inty-  denied  it  upon  their  oathr?,  nnd  the 
jury  brought  him  in  (cvWty  ;  and  some  hoiuN 
after  the 'primner  nHuiviil  IiIk  sentrnre,  thf 
court  meetmcf  ajyru'n  for  ihM  purpose.  Sonu? 
•lajT?  hlWr,  Ootledjjre  v.n<  fxcciitcil,  nnd  his 
hrnd  Mas  scf  upt*n  'J'l  iiiplc  llnr,  in  ho  a  usim- 
Ing  JO  (nhei-K  io  a%*oid  hi^  laip."  Hulitrmli',  :V2^. 

*  It  appears  from  <Mdini von,  tliat  tlip  roiin- 
«fl  agahist  hMii  M'CR*  sir  li«j!»prt  S"ii\v\4j',  At- 
V»rnoy -Gcnend,  Finch,  S«»Hcitor  (irneraf,  sir 
<ifMiri*t»  .Iffleries,  and  iMr.  TSorth.  Tin- jury 
"veto  Hrnry  Srandanl,  William  Big,  KoIk'H 
Jlird.  .folm  Shorter,  U  illiani  \Vin<IIow,  Clmrhs 
llohhs,  r{(»irer  Browne,Tiinofhy  Doyloy,  IJalnh 
"Wallis,  .lohn  Benson,  John  l*iercv,*  ami  Jolm 
Lawrenrp.  Uctger  C'okc,  alh-r  meutionini^  that 
ihe  LondiH)  (irund  Jur}*  had  retumetl  an  iijno- 
Tiim»!s  iipOQithc  hiD  ni^fainst  Colle<!j2fe,  procetnls : 

**  T!'!"  fright  <»f  Fitzharris's  discovery  of  this 
WW  Poj'ivh  Plot  Ik-Iiij;  scemin^fly  allayed  by 
his  df.';it!;,  ii»\i.iV4»:  w.'th  winifed  likste  pursues 
Ihcdistovrrers  oi"  tln»o!d.  tt  was  in  Trinity 
Term  thtit  i'itzharris  was  tried  and  executed'; 
ami  at'ttr  this  term,  an  indictnicnt  of  hitfh 
treason  was  cxhihit^il  to  the  Grand- jury  ^»f 
lioi^don  Si:iii:ist  St«:pht'n  C-ollcd;fc,  h  mean 
fellow  hui.  a  i^ivat  talker  a(>fainst  the  Popish 
"Plot,  vho  vas  more  known  by  the  name  of 
Ptotestant  Joiner  than  Stephen  Collei Ige.  The 
foreman  vttw  one  Wilmer :  this  indictment 
'WoiaMDOtdowify1»utth6  Groad-jury  returned 


Mr.  Justice  Jones,  Mr.  Justice  Rnymond,  Mr. 
Justice  Levinz,  cummisfiioneris  of  Oyer  nnd 
Terminer  and  Gaolnileiivery,  met  at  the  Court- 
house in  the  city  of  Oxford ;  and  alVer  proHa- 

an  Igfnoramns  upon  it,  for  which  Wilmer  was 
forc^  to  tly  his  countzy. 

'^  The  desifpi  not  succeeding  in  London,  the 
scene  against  GoUeilge  is  laid  at  Oxford ;  I  lie 
Judges  were  chief  justice  North,  justice  Jonos, 
justice  llaimond  and  justice  Levins  :  to  make 
sure  of  a  bill  to  be  found  tlH're  a^nst  Col- 
ledge,  the  kin{r*s  counsel  bad  pre|>ared  wit- 
nesses at  the  aasizes  to  post  thither  ;  and  therr, 
to,  make  sure  work,  the  kind's  cmmsel  are  pri- 
vately shut  up  with  the  jury  till  they  had 
found  the  bill,  which  Air.  Uawlessays  wua 
most  unjustifiable  andunsuiferablepiiictice. 

^*  Whilst  these  things  were  contriving,  C0I-. 
IdlQfe  had  the  honour,  as  well  as  Fitzharris,  to 
be  committed  and  continued  a  close  prisoner  in 
the  Tower,  ycttlic  Lonia  imi)eaehcii  in  parib' 
ment  had  the  Kberty  of  it,  and  i'rce  access  was 
permitted  to  them  ;  it  is  true  indeed,  GolleJgv 
was  permitted  to  have  a  solicitor  and  counsel, 
which  was  Mr.  West,  I  think  a  PkMtcr  or 
iSetter  in  the  Dye- plot,  as  dark  as  Fitxbairis^i, 
and  as  like  it  as  two  apples  are  one  to  the  other. 
"  But  this  was  not  out  of  favour  to  Colle%r, 
but  to  betray  him  ;  for  uhen  the  Bill  afurt 
Colledge  was  Ibundat  Oxi'ord,  Murrel,  a  gukrt 
and  Sewel,  a  messenger,  were  sent  to  bringCtil- 
ledge  to  trial ;  w  ho,  after  they  Irad  taken  Hm 
oul  of  prison,  nin  him  into  a  houMs  and  kf 
ordiT  of  the  king"'s  counsel,  tonk  from  him  A 
Ills  inslnH'tions  for  his  <1<  Irr.rc,  nnd  earrird 
'  tlic^TM  to  ih<"  kinpr's  connstl,  as  aviII   to  disalik 
!  him  to  make  his  tlclruo*'  r>s  to  <'ii:il..c  thp  kin|**« 
I  coiinM'l  how  to  pnictfil  :i;,;iinst  liirn,  hy  snOK 
]  wnv  ho  was  not  pro\i(U'd  to  make  hisdri'cnce. 
*•  (.'pon    rollcdire'N    arraignment,    he  iV- 
mandi-d  his  pajicrs  taken  inim  him  hv  Miinvl 
niifl  Scwel  ;  which  were  denied  hy  tl»e  Court 
till  he  had  pleaded  $r*iil^y  ^r  ^^^^  ^"  bis  im'ict* 
nieni.    I h  retake  notice,  that  sir  Francis  Pea- 
bcrton,  sir  Thomas  Jones,  and  justice  Rainwvl 
having  done  the  Court's  job   in    Fitzhanrii^i 
Trial,  a  new  set  of  four  is  made  tn  do  this  of 
Collcflge's  :  the  ehiof  uf  these  was  sir  Fnncii 
{  North  (a  man  cut  out  to  nil  intents  and  pn^ 
I  |M>ses  for  such  a  work,  ami  as  if  lM»rn  to  iwiC| 
I  liis  fathiT  was  aeonuoittee-man  in  all  the  bic 
times  Hjpiiiwt  kinir  Chnrlps  1st,  and  his  <*niid* 
I  father  one  of  the  st-ven  who   condemned  aiHi- 
I  bishop  L^iud)  it  is  no  niaittrr  \%\w  were  tkc 
other  three,   for  North  was  the  month  of  ito 
Court. 

**  This  TiTis  the  first  fnne  Uiat  ever  any  pif; 
soner  had  his  instructions  Utk^'U  troro  fiimll 
make  his  dclenee.  and  at  a  time  nlfen  thM 
were  such  coniri\niices  to  take  avrav  faiiil^ 
My  lAm\  Chief  JusticK  told  Colledge  he  toA 
not  away  his  papers  ;  but  Colk^  replied,tk9 
were  taken  from  him  upon  pretence  of  bringii| 
them  to  his  lordship. 

"  The  Court  and  Counsel  had  a  twofflU  ^ 
sign  upon  Coiledge,  in  muDg'  his  papeis ;  fli% 


^5]'  $TATE  TRIALS,  33  Charles  JL  iGSij^for  High  TnasoU. 

raition  for  nleacc,  the  commission  of  gaol- 
(kUirery  was  read,  and  then  the  commission  of 
Oyer  and  Terminer.  Proclamation  was  made 
for  the  sheriff  to  return  the  precepts  to  him 


to  trepan  Colledge  to  plead  i^Ity  or  not,-  before 
they  delivered  the  papers  ;  which  having  done, 
it  was  too  late  to  plead  either  to  the  jurisdiction 
of  the  Court,  or  tnat  the  indictment  was  erro- 
neoos,  as  it  was,  it  being  of  different  natures, 
ai,  for  treason  aind  misdemeanors. 

"  Here  I  leave  it  to  the  learned  to  judge 
whether  the  Court  and  hinges  counsel  did,not 
ii  this  indictment  endeavour  to  depose  the  |>ar- 
buDenlarv  authoiity,  and  usurp  it  themselves, 
&r  thougti  the  Commons  may  impeach  gene- 
nfly  for  treason  and  misdemeanors  in  the  same 
impeachment,  yet  neither  by  the  common,  or 
^ny  statute  law,  any  such  indictment  can  he. 

**  Tlie  other  design  was  to  disable  CoUedge 
tp  make  hb  defence  after  his  pleading  not 
niity :  Colledge  finding  himseU  thus  beset, 
woiigh  a  mean  man,  yet  with  a  Roman  courage 
yid,  this  was  a  horrid  conspiracy,  not  only 
scniMt  his  life,  but  a<^iiiSt  all  the  i?rotP8tants 
oif  England :  and  heroin  he  proved  a  true 
prophet. 

.  **  Hie  courage  of  the  man  put  the  Court  and 
king's  counsel  to  the  whisper,  which  was  nevw 
befiire  done  in  any  Court  of  common  law ;  and 
BOW  the  Court  must  be  adjounied,  the  pretence 
hraig  for  dinner,  thou«^h  they  had  breakfasted 
bat«  little  before  :  and  before  their  return,  the 
Idng^tf  coiuisel  altered  their  method  of  proceed- 
inf  against  the  prisoner  ;  and  so  sorted  their 
'  X,  that  they  might  hot  contradict  one 
r,  and  so  would  not  examine  some  of  his 


"Yftupon  tlie  return  of  the  Court,  the  at- 
torney fir  Robert  Sawyer  moved,  the  king's 
ef ideoee  might  lie  exauiincd  iu  the  Iiearing  of 
gne  another ;  which  tliuu;:h  over- ruled,  yet  it 
ivasBOtoliserved  :  and  ti»  satisfy  the  jur^-,  the 
Court  told  tliem  in  KUiuming  up  the  evidence, 
they  would  nitorm  the  jury  wnat  part  of  it 
WW  treason,  and  m  hat  miMlemeanor,  which  they 
did  out. 

"  The  Court  and  counsel  thus  armed  cap- 
a-pee,  and  the  prisoner  bound  hand  and  foot, 
voa  nted  not  doubt  of  a  glorious  victory  over 
Dim.  ■  The  first  champion  against  Colledge 
was  Stephen  Duedale,  who  swore,  that  iu  a 
harb^*s  shop  and  acoHef;  house  he  had  spoken 
Ti£fyij^  words  of  the  king  ;  that  CoUedge  had 
shewed  bnn  se^'cral  scandalous  hbels  and  pic- 
tkrea,  of  which  he  was  the  author  ;  that  Col- 
ledge had  a  silk  armour,  a  brace  of  horse 
pistoki,  a  pocket- pisuH,  and  a  sword  ;  that  he 
had  several  stout  men  would  stand  by  him, 
llat  he  would  make  use  of  them  in  detence  of 
the  Protestant  religion,  aitd  that  the  king^s 
party  were  but  j^lmndful  to  his.  Now  let's  see 
what  credit  could  be  reasonably  given  to  any 
of  the  evidence  agabht  liini. 

"  1.  Dugdale*s  evidence  was  confronted  by 
Or.  Oates,  wiio  testified  that  DiM^liUe  saio, 
fle  knew  BOthing  a^pit  any  Prote&taqt  io 


[566 

directly :  the  justices  of  the  peace  of  the  county 
of  Oxford  were  called  over ;  and  the  appearance 
oi'  the  Grand-jury  summoned  to  attend  thia 
commission  was  taken. 

England  ;  and  being  taxed  by  Oatea*  that  he 
had  gone  against  his  conscience  iu  the  evidence 
he  ttave  to  the  Grand-gury  at  London,  agaiust 
Colledge,  Dugdale  said,  U  was  loiif  of  colonel 
Warcup  (a  worthy  person,  who,  for  thia  and 
such  like  services,  is  since  knighted)  ibr  he 
could  get  no  money  else.  Euzabeth  Hunt 
testified,  thai  af\cr  Colledge  was  in  prison, 
Dugdale  told  her,  he  did  not  believe  Colledge 
had  anv  more  hand  in  conspiring  agaiust  the 
king,  than  the  child  unborn  ;  and  that  he  had 
rather  have  given  lOO/.  than  have  spoken 
what  he  had,  and  that  he  had  nothing  to  say 
against  Colled^fe  which  would  touch  his  lite. 
And'Yates  testified,  that  when  he  said  Colledge 
was  an  honest  man  and  stood  up  for  the  king 
an d  goiemment,  Dugdale  answered  1  believe 
he  docs,  and  I  know  nothing  to  the  contrary. 

**  llaynes  si^-ore  Colledge  said,  unless  the 
king  would  let  the  parliament  sit  at  Oxford, 
they  would  seize  him,  and  bring  him  to  the 
lilock ;  and  that  he  said,  the  city  had  1,500 
IkutcIs  of  powder,  and  10,000  men  ready  ut  au 
hour^s  warning. 

'*  2.  To  confront  this  evidence,  Hickman  tes- 
tified that  Haynes  swore,  God  damn  him  he 
cared  not  wluit  he  swore  ;  for  it  was  his  trade 
to  get  money  Ey  swearing.  Mrs.  Hall  said 
she  heard  Haynes  o^vn,  tl^he  was  employed 
to  put  a  Plot  upon  the  dissenting  Protestants. 
And  Mrs.  Richards  said,  she  heard  him  say 
tJie  same  tiling.  lYhaley  said,  Haynes  stole 
a  silver  tankard  from  huu  :  and  Lun  said, 
Haynes  said,  the  parliament  were  a  c«)mpany 
of  rogues  for  not  gi>in^  the  king  money  ;  but 
he  would  help  tne  king  to  money  enough 
out  of  tlie  fanatics  estates.  Everard  testified 
that  Haynes  said,  his  necessity  and  liard  pay 
drove  him  to  say  any  thuig  against  the  Protes- 
tants. Turbervile  swore  Colledge  said  at  Ox- 
ford, that  he  wished  the  king  would  begin  ;  if 
he  did  not  they  would  begin  with  him,  and 
seize  him  ;  and  that  he  (College)  came  to  Ox- 
ford for  that  purpose. 

*^  3.  Oates  said,  Turbervile  said,  a  little 
before  the  witnesses  were  sworn  at  the  Old* 
Bailey,  that  lie  was  not  a  witness  against  Col- 
lege, nor  could  give  any  evidence  agaist  him  ; 
and  that  ailer  he  came  to  Oxford,  he  had  been 
sworn  before  the  Grand-jury  against  College, 
and  that  the  Protestant  citizens  had  deseited 
bun,  and  God  damn  him  he  would  not  starve. 

'*  John  Smith  swore,  Colledgc's  speaking 
scandalous  words  a^auist  tlie  king,  and  of  his 
having  armour,  which  he  shewed  Smith,  and 
said,  Siese  are  the  thinfp  tliat  will  destroy  the 
pitiful  (Tuards  of  Rowley ;  and  that  he  ex- 
pected the  king  would  seize  some  of  the  mem- 
bers of  parliament  at  Oxford,  which  if  done,  he 
would  be  one  should  seize  the  king ;  that  Fitz- 
Gerald  had  made  his  nose  bleed,  but  before 
long  ha  hoped  to  see  a  great  ileal  wore  b|ood 


set]     STATK TRULLS,  S5  Chabieb  n.  l6^l. ^Wit  ^ Sieplkn  Colkige,     ^56% 


Xw  C.  J.  (North.)  OeudetneD,  y<ra  that  are 
retamod  of  the  Grand  Inquefll,  there  hat  been 
aaeniQiis  80  lately  that  io  all  prDbahility  there 
win  be  no  great  matter  to  trouble  yoa  with  at 
thia  tone.  And  so  I  ahall  not  tronMe  myadf 
nor  yoo  to  giTe  you  any  charge,  beotnae  we 
loum  of  no  Duainess  yet  that  we  shall  need  you 
ihr.  The  eoiirt  hatn  recorded  your  appear^ 
akme.  You  vin<Io  well  to  hem  the  way  cither 
in  the  town  wbmf  aboat  the  Court,  that,  you 
in|^  he  ready  if  any  thing  should  happen.  It 
it  is  neoeaaaiy  (or  as  to  h«Fe  your  attendance, 
but  we  know  not  of  any  thing  thai  we  have  in 
pu6eahr  to  trouble  von  wini.  Wc  have  an 
Ihdictaient  before  us,  let  us  proceed  upon  that. 

a.  of  Crown,   Gaoler,  hare  you  your  pri- 


Oaoler,    We  will  fetch  him  presently. 

Then  the  Prisoner  was  brought  to  the  bar. 

CL  tfCr,  Stpphra  CoUedgv,  hold  up  thy 
Innd.  (Which  be  <Hfl).  <*  Thou  art  here  in- 
dicted by  the  name  of  Stephen  CoUedge  late  of 
Oxford,  in  the  county  of  Oxford,  carpenter ; 
for  that  thou  as  a  false  traitor  against  the  most 
iUustrioua,  most   serene,  and  most  excellent 

Srince,  oar  sovcrei^  Ion!  Charles  the  Second, 
f  the  grace  of  God,  of  England,  Scothuid, 
ranee,  and  Ireland,  kino:,  defender  of  the 
faith,  ice,  thy  supreme  and  natural  lord,  tlie 
fear  of  God  in  thy^  heart  not  having,  nor  weigh- 
ing the  duty  of*  thy  allcgfiance ;  but  being 
moved  and  seduced  hy  the  instiGfation  of  the 

slied  for  the  cause  :  tliat  if  any,  nay  Rowley 
himself,  came  to  disarm  the  city,  he  wnufd 
be  the  cleath  of  him. 

"  4.  Tfi  confront  this  evidence,  Riake  tc-sti- 
fiwl  that  Sinitli  said,  Ilsynps's  dijicovery  was 
a  sliam  l*lot,  a  M<'al-Tiil)-n<Ft.  nolr!»n  said, 
Smith  would  iiu'vc  had  liiin  swore  ajjainst  sir 
Joliii  Hrookc,  my  hird  S!iat;os!)urv,  and  Coh 
|f?«!«„T,  tliiiijrsof  v.hiidi  ]\v  I.  now  iiotliina-,  and 
told  him  w licit  hc>  (Unli-on)  shonid  swe;ir.  ksf 
they  should  disnort  c  in  thi'ir  p\  id<Micr.  Oafrs 
t»*«itirird.  Smith  snid,  (utd  damn  him,  he  would 
have  Oii^d^rc'*  U<hh\  :  add  Mowhray  trstiiieii 
th»it  Smith  tt.'nip(i*<I  him  to  l>e  a  witm*ss  atr«iinst 
<;ollnl:ro  and  sir  .lolm  i$rcH»ke,  and  sziid,  Tf  thf 
])arliami'nt  di«l  not  «;iv«  the  km;;  monry,  and 
stood  on  the  hill  ofi'vclnsion,  that  w:w  ]>i<>(i:nce 
enoiij^h  tOMU'ar  a  dttsiirn  to  sccu;*'  the  kinir  at 
Oxfortl.  And  Kvcrard  ami  othors  t»'stiti<»d, 
Smith  aaiil  ho  knr-w  of  no  l*rcsb\t«Mi;'n  (»r  IVo- 
trstant  I'lot;  and  saiil,  .lustirc'WavKMip  would 
have  p<T>in.\.ht(  him  !•>  swtar  a;^ainkit  somo 
liordsa  IHt-Khytoriiui  I'U.t,  hut  Le  know  of 
none. 

**  The*:r  ;vcre  the  matrrial  cvidonrc's  thus 
cmifrontcd,  whirh  should  prove  Co|lcd^*"e's 
treason  and  luisdemiMnor  fiir  tikiiur  away  his 
life.  Km  this  v\  u\^nvc  was  so  l»afflefi,  *  iliat 
foraliamr,  the  kinif's  cfinnsvl  never  played 
them  Mia  againHt  any  other  but  my  lord  of 
Hhaftesbiiry,  but  were  fiiri*e«l  to  set  up  new 
agauMt  mv  lord  Uussii,  coIimicI  S^Muey/'  Arc. 
%  Coke's  l)Gtcctiou,  p.  :)0J. 


deril,  the  etwdial  kwe,  and  true,  doe  and  na- 
tural obedienoe  which  tme  and  finthfnl  aob- 
jecta  of  our  aaki  aorereign  lord  tiie  kuae  lo« 
weeds  him  our  said  sorcreign  hud  the  luur^ 
should,  and  of  right  on^ht  to  bear,  whollji 
withdrawing  and  machlnatng,  and  widi  att  th^ 
strnigth  intending   Ae  peace  awl  toAuiuu 
tram|oillity  dfour  said  aoreragn  lard  the  kug 
ofthttkingdom  of  England  to  difltiifb,  and  ad- 
dition andrdidlion, and  war  against  nor  so- 
vereign lord  the  Idiij^,  within  the  Idagdom  oi 
England  to  move,  stir  up  and  proeore;  midthc 
cordial  h)Te,  and  true  and  due  libedieooe  wIM 
true  and  faiihfol  siibiects  of  bur  aaid  sofcnign 
knd  the  Idng,  towards  him  our  said  soferHga 
lord  the  kingahoidd,  and  of  right  ought  to  btar, 
whoDy  to  Inthdnw ;  put  out  and  eaitiHguBh, 
and  him  onr  said  sovereign  lord  the  bag  ta 
death  and  ftnal  destruction  to  bring  and  not, 
the  10th  day  of  March,  in  the  33d  year  oftba 
reign  of  our  sovereign  lord  Chariea  tlie  Second, 
bv  the  grace  of  God,  of  Enefauid,  Scedaad, 
mnce,  and  Ireland,   king,  defender  of  the 
faith,  &c.  at  Oxford,  in  the  cotmty  of  OiM, 
falsely,  maliciously,  subtilly  and  traitrroarf/, 
did  purpose,  compass,  imajgfine,  and  imeDd  a^ 
dition  and  rdidaon  ^ithm  this  kingdeoi  of. 
England,  to  move,  stir  up,  and  procure,  and  a 
miserable  slauirhter  among  the  subiects  o^anr 
oud  sovereigiirioni  the  i!iii<;  to  pntcon  mi 
cause,  and  our  said  sovereign  kird  thekiif 
from  his  regal  state,  title,  power,  and  goim- 
ment  of  his  kingdom  of  England,  to  deprire^ 
do|N>se,  i*ast<lowii  and  disinherit ;  and  him  oar 
said  sovereifpi  loni  the  kinp:  to  death  and  fiml 
d<*stru(iion  to  hriTig*  ainl  put,  and  the  ffoyen' 
mcnt  of  tht^  haid  kin;^d(»ni  at  thy  will  und  plea- 
sure to  cliange  and  altiT,  and  the  slate  of  ill 
this  kintifflom  of  Knfv-land,  in  all  its  parts  vrdi 
in'«titnte<l  and  onlaiiu-d,  wholly  to  subvert  and 
d<*sl n>y,  and  war  aqf:unst  our  said  wr.pivigB 
loni  tlit;  kint;f,  within  thi-;  kinc;»hMu  of  Kn^lain 
to  Uvv;  ami  thv  s<id  mo^t  wirkcd  trpasooi 
and  tniitorons  imns'inations  and  pnrpososnfiire- 
said  to  t'uliil  and  fM'rrtM  :,  thou  tiir  said  Stepbea 
f^iIMir^  the  ^''i'^  l*'*li  <1».V  "f  3lan;h,  in  die 
:iM\  y«"arof  th'*  rf'it»n  of  our  ^JJiid  MmTpijrn  ]fwi 
the  kin<,^  with  foicr  and  anus,  Sec  at  (hfori 
a  foresaid,  in  the  ••ounty  o|'  Oxford  af«»resaid, 
talsi.h,    malirioiiNly,  snbtilly,    ;HhiM*(lly,  <l^' 
\ili^hly  ami  trHitenniKly  didyt  prepare  arntfi 
and  wnrliki'  ofTrnsivp  haVrilimf  ntat  to  wasre  «ir 
aprainst  our  said  N«norf>icni  l^^rd  the  kini;^.    Asd 
thyself,  in  war -like  mntimM*,  for  the  iiiupofff 
afor(>Sctid,  tlx'U  and  Uin-p  fitlstdy,  nialiciiHSilTi 
sul)till\,  advisediv,  d^.^.ii'^hly,  and  traiteruoJf 
didst  arm.  and  ono  Kdward  Tnrbervile,  and 
other  suhjt'ct^  of  our  said  sovereign  lord  the 
king,  to  arm  th«:n<5r'lvrs,  to peritTt  thy  traiter- 
on«;  pur|»o«fS  afonsaid,  thon  tind  thi'readfi- 
«^.Hily,  inaliriously  ami  tniiterously  di«lst  iadie 
aiMradvisc.   .Indtiiither,  tlu^nand  then^fidfS- 
ly,  maliciously,  suhtitly.  advi»«illT,  devifidlf 
HTid  fraiceronsi V  didst  sav  and  declare,  that  a 
was  purp«).soIy  designtil  tti  s^Zki  the  perwa  ■ 
our  said  sovereign  lord  the  king  at  Dxfnid 
afamdd,  in  the  county  of  Ojifwd  aftRSui- 


^69]         STATE  TRIALS.  33  Chauus  It.  ifiSl.— /iir  High  Treasonn  [J70 


And  thftt  thoii  the  said  Stephen  Colledge,  in 
pnHecutioQ  of'thytraitcroiis  pur|)ose  atoresmiil, 
would  be  one  of  them  ^hu  should  st^lw  our 
aid  soTcrPHj^  lord  the  kinsr  at  Oxford  afore- 
Mid,  in  tlic  county  aforeindd.     And  that  thou 
the  said  Sleplieu  CoUedge,  thy  said  most  wicked 
treasons   and    traiterous  inia^iuations,    com- 
paisinirs  and  purposes  aforesaid  the  sooner  to 
falfil  and  ydfeA^  and  discords  between  our 
said  flurcreig^  lord  the  kin^,  and  his  people  to 
mufe,  cause  and  procure,  then  anu  diverse 
limes  and  davs,  h»  well  before  as  after,  in  Ox- 
ford aforesaid,  in  die  county  of  Oxford  atore- 
aid,  in  the  presence  and  hearinji^  of  diverse 
brge  subjects  of  our  said  sovereign  lord  the 
kin^'.  thai  and  there  being  present,  falsely, 
laaliciouslyf  subtilly,  atlvisedly,  dCvilishly  and 
mimously  didst  say  and  dec^re,  that  nothing 
of  good  was  to  be  ex|»ected  from  our  said  so- 
lord  the  king,  and  that  our  said  so- 
kird  the  king  did  mind  nothing  but 
SB  and  the  d^truction  of  his  people : 
■A  that  our  said  sovereign  lord  the  king  did 
Mdnvour  to  establish  arbitrary  government 
ud  popery,  against  the  duty  of  thy  allegiance, 
ifiisM.  the  peace  of  nur  sovereign  hird  the 
bog,  kis  crown  and  dignity ,  and  against  tlie 
him  rfthe  statutes  in  this  case  made  and  pro- 


vost thou,  Stqihen  ColUnlgre,  art  thou 
Galy  of^  this  high  treason,  whereof  thou 
Mnust  indicted,  anid  liast  now  been  arraigned, 
«  Nat  GutU V  ? 

CaUedge,  My  loni,  I  do  desire,  if  it  please 
}wr  lordship,  to  be  heard  a  few  words. 

L  C.  J.  iMfKk  you  Mr.  CoUedge,  the  matter 
tebath  been  here  read  unto  you  is  a  plain  mat- 
Mr,  isd  it  hath  been  read  to  you  in  English,  that 
Sinav  understand  it.    It  is  an  Indictment  of 
k  tVrason  ;  now  you  must  know,  tliat  no 
can  be  received  to  it,  but  either  Guihy  or 
Guihy,  as  to  the  tact ;  if  you  cau  assign 
■y  Rwtter  in  biw,  do  it. 

Coiledge.  Will  you  please  to  spare  me,  that 
I  may  be  heard  a  few  words.  I  have  been 
^1  a  ckise  prisoner  in'  the  Tower  ever  since  I 
*!■  takao  :  I  was  all  along  unacquainted  with 
Httwas  ciiarged  U|)on  me.  I  knew  not  what 
VIS  sworn  aspainst  me,  nor  the  persons  that  did 
Mear  it  agminst  me,'  and  therefore  I  am 
*kolly  ignorant  of  the  matter.  I  do  humbly 
tee,  I  may  have  a  copy  of  the  indictment, 
wk  a  copy  of  the  jury  that  is  to  {mss  upon  me, 
nAlhat  1  nav  have  counsel  assigned  me,  to 
iime  me,  wnethcr  I  liave  not  soniethii^  in 
lar  pleadable  in  bar  of  this  Indictment. 

L.  C.  /.  These  are  the  things  you  ask,  you 

"^  haf»   a  copy  of  the  Indictment,   you 

U  hate  eounsel  assigned  to  you,  to  advise 

}«■  BHtler  of  law,  and  a  co|)y  of  the  jury. 

CUW^f.  One  word  more,  my  lord,  1  desire 

T'~*~  a  what  statute  I  am  indicteil  ? 

I  wiU  tell  you  for  that.     Is  it  not 
*Min  fermm  Slatat.'  whh  an  abbreviaikm  Y 
Objf  O.  Y«s. 

Xb  C.  J.  Tbat  refers  to  all  manner  of  sta- 

nlatk»  to  the  thing  in  the 


Indictment  that  is  High-Treason.  For  it  may 
be  meant,  *  ouiitra  formam  Statut.'  whidi  are 
all  the  several  statutes  that  are  in  force  con- 
cerning High  Treason.  Now  for  those  things 
tliat  you  ocniand,  you  cannot  have  them  by 
law.  No  man  can  hai'c  a  copy  of  the  Indict- 
ment by  laiv  ;  for  counsel  you  cannot  have  it, 
unless  matter  of  law  arises,  and  tliat  must  be 
propoiuded  by  you  ;  and  then  if  it  be  a  matter 
debatable,  the  court  will  assign  you  coims^ 
but  it  must  be  upon  a  matter  lit  to  be  argued  : 
For  I  must  tell  you,  a  defence  in  case  of  High« 
T^'eason  ought  not  to  be  made  by  artificial 
cavils,  but  by  plain  fact  If  you  propose  any 
matter  of  law,  the  court  will  consider  of  it,  ana 
assign  you  counsel,  if  it  be  reasoiudile.  For 
a  copy  of  the  Jury,  that  you  cannot  have  nei- 
ther, for  there  is  no  such  thing  as  yet ;  there 
is  no  issne  joined  whereupon  such  a  jury 
should  be  impaunelled.  >V  hen  yon  have  pleaif- 
ed  to  issue,  tncn  we  must  award  the  sheriflf  to 
impannel  a  jury  to  try  that  issue.  So  as  to 
what  you  iny  as  to  want  of  iireparation  tor  your 
trial,  we  cannot  cmquire  wnat  notice  you  nav* 
had  ;  and  yet  if  you  had  never  so  httle  time, 
there  is  no  cause  why  you  should  not  plead, 
though  you  were  but  just  now  taken  and 
brought  to  the  bar  to  answer  it,  and  never 
heard  of  any  thing  of  it  betbre.  80  that  I 
think  vou  ought  to  ^ead  presently. 

ColUdee.  My  lord,  I  am  vhony  ignooBt  of 
the  laTv,  I  may  ruin  myself  by  mistaking  th# 
law ;  I  desire  counsel,  not  to  delay  ray  trial, 
but  only  to  advise  me,  whether  Uiere  is  nol 
something  in  law  proper  for  roc  lo  plead  to  this 
Indictment,  and  tnose  things  I  altedged  were 
not  at  all  to  delay  the  trial,  out  only  that  I  may 
not  be  wanting  to  myseil'  in  what  I  may  by 
law  have. 

X.  C.  J.  I  tell  you,  counsel  cannot  be  assign- 
ed you,  till  the  court  be  possessed  of  some 
matter  to  grant  it  upon. 

Coiledge.  I  had  some  papers,  my  kird,  that 
were  taken  from  me,  which  I  desire  may  ba 
reston^l  to  me.  1  only  plead,  that  I  may* 
have  my  birthright,  and  that  which  the  law 
gives  mc ;  if  1  may  have  justice,  I  desire  no 
more.  Those  papers  were  taken  tctMnmein 
the  house  over  the  way  smce  I  was  bronght 
from  the  prison  ;  they  were  papers  that  con- 
cerned my  defence ;  some  directions  and  in« 
structionK  how  to  manage  myself  in  that  de- 
fence. If  you  please  to  let'uie  have  those 
pajiers,  1  wdl  not  take  up  much  of  your  time ; 
1  desire  to  have  but  common  justice,  and  that 
which  is  my  right  by  law. 

L.C.J.  That  which  you  demand,  iustice, 
you  shall  have  by  the  grace  of  God  to  tne  best 
of  our  skill,  without  any  partiality  in  theworid. 
But  you  must  tnist  tlic  pubUc  justice  of  the 
Idngtioin.  We  are  to  lie  of  counsel  for  rou, 
so  far  as  to  see  that  all.  things  proceed  fkirTy  00 
all  sides.  And  when  things  come  betbre  us 
tliat  urff  fit  for  you  to  have  counsel  upon,  yon 
shall  have  counsel  assigned  you  ;  for  wc  aro 
tender  of  tlie  life  of  a  inau,  as  well  as  the  life 
of  the  king,  and  of  the  public  justioe  of  ^* 


£71]     STATE  TRIALS^  33  Cha&lcs  II.  i6S1.— Tria/  of  Sie/Am  CoUedge,     [57 


kincfilom.  But  this  is  no  reason  why  you 
fhoutil  not  now  iilead.  For  the  pa|ier8  you 
speak  of,  wc  will  take  an  examination  of  them 
atlenyarcls.  If  they  were  papers  that  arc 
necessary  for  your  dVeiice  upon  }  oUr  trial,  in 
Crod's  name  you  must  have  them  restored  to 
you ;  but  we  know  not  which  way  you  came 
by  them,  nor  what  thc}^  are. 

Colledtie.  They  were  taken  from  me  just 
now,  under  pretence  of  bringing  them  to  your 
tordship. 

•  L,C.J.  How  comes  any  body  to  give  you 
papers  ?  Nobody  can  soUcit  fi>r  one  that  is 
under  an  accusation  of  High-Treason,  unless 
he  be  assigned  so  to  do  by  the  court.* 
'  CoiUdge,  God  have  mercy  upon  any  man 
that  is  so  accused  then  ;  for  it  ls  nut  possible 
for  him  to  make  his  dcfeiiee,  if  he  cannot  be  at 
libcrtv  to  look  atkr  it  himself,  nor  any  of  his 
friends  permitted  to  do  it  for  him. 

L.  C.^J.  You  can  say,  whether  you  are  Not 
GuiUy  without  an  v  pajiers. 

Coliedge.  Mv  lord,  1  know  fiA  but  there 
may  be  something  in  law  for  me  to  plead  to 
this  indictment,  which  I  shall  lose  the  henelitof 
if  I  plead.  I  humbly  conceive,  you  are  to  be 
my  counsel ;  and  as  you  are  ju(^i;es,  are  to  pro- 
ceed according  to  tne  law.  You  are  ufjon 
your  oaths  to  do  me  ri^ht  according  to  law. 

Just.  Jont's.  Hut  till  you  have  proposal  a 
matter  of  law  fit  for  counsel  to  argue,  there  is 
no  counsel  to  be  assigned  yuu. 

Colfedgc.  If  I  had  those  |)npcrH  I  could  tell 
what  I  should  plead.  My  lonj,  this  is  one  thing, 
[  am  a  frceniau  vi'  l^ondon,  and  i  am  not  ini- 
pleadable  by  the  charter  of  Ivoiulou  any  ^v  here 
out  of  the  liberties  of  the  city  in  pleai  of  iho 
CroiiTi.t 

L.  C.  J.  You  an?  indicttHl  In  Oxfurdsliire  for 
Hiuh-Treason  connnittcd  hero.  If  IIhtc  be 
not  any  thing  of  Hi^^li-Trinisoii  pnivcil,  dono 
in OxtordsliU'c,  von  will  he  ucquitlLHi.  Ijuta 
freeman  of  Ijundon cannot  have  a  privik.^o  to 
commit  treason  in  Oxfordshire,  but  must  be 
trieillbr  it  there. 

Coif.  >Vill  you  please  to  onler  me  my  papers 
bark  that  were  taken  from  me  ? 

Just.  Jones.  \  ou  ought  first  to  plead.  You 
have  a  right  to  denianii  counsel  in  matters  of 
law,  but  tlien  it  must  1>e  uixm  sueh  n>.attei-s  of 
law  as  you  yourself  pro|»ose  to  the  conil,  and 

•  "  This  wus  very  stnuige  treatment  of  the 
prisoner,  who  had  an  Onler  of  king  and  conn- 
oil  appointhig  him  a  counsel  :uid  solicitor, 
which  i*-  printed  before  the  Trial."  Note  to 
former  Edition. 

t  **  C<dlc«^e's  trial  lasted  three  or  four  hours, 
in  dispute  \*lieilier  a  man  witiiin  the  libei-ties  of 
LKiiMkm,  conid  be  iried  ut  Oxfoitl.  Oatcs  was 
witness  tor  him  ;  bui  exposed  himself,  so  as  to  j 
do  his  business,  e\en  with  liis  own 
examination 
Colledge 
of  king 

(Set  Introduction 
p.  991,  of  this  Collection.) 

8 


the  court  sliall  ^udge  to  be  matters  of  law  fit  1 
l)C  debated :  Tdl  Uiea  we  cannot  assign  yc 
counsel. 

CulL  It  was  so  in  the  trial  of  lilbume,  ai 
in  the  trial  of  my  lord  Stafford,  there  was  com 
sel  assigned  to  them. 

Just.  Jones.  Not  before  they  pleaded  to  ti 
indictuiejit. 


of  tlie  paiunel  and  of  the  jury    before  t£ 
trial. 

Just.  Jones,  No,  sure  here  are  two  of  us  tlu 
are  of  the  court,  and  we  never  heanl  of  any  sue 
thing. 

iioU,  Pray,  my  lord,  do  me  right,  I  am  ig 
norant  of  tlie  law,  and  through  my  ignoranc 
nuiv  mistake. 

If.  C.  J,  God  forbid  we  should  not  do  yo 


|K)ssible  for  me  to  make  my  defence  witLom 
the  assistance  of  my  |nipers. 

L.  C.  J.  Cannot*  you  tell,  whether  yoa  be 
Guilty  or  Not  Guilty  of  this  treason  ? 

Colt.  I  can  so ;  but  I  know  not  what  eirw 
I  may  run  myself  into,  if  I  should  plead  pic- 
sentty,  and  lose  the  benefit  that  the  law  nmy 
give  me. 

L.  C.  J.  All  matters  of  law  are  saved  to  jw 
after  you  havepleadeil. 

Coll.  IVhv,  my  lord,  let  mc  have  my  ])a|ia> 
ag'ain  that  were  tiaken  iW)m  uie. 

CI.  of  Ihc  Cr.  You  mu:»l  plead  to  the  court 
Cinilty  or  \ot  Guilty. 

CoU.  Shall  1  not  have  my  papers  after  I  liaro 
pkadf.d  ? 

L.  C.  /.  \Vc  will  not  capitulate  with  vou. 
!Movc  what  you  will  then  ;  but  till  you  Wa 
pleaded,  we  can  enter  into  no  other  btisiness. 

Col/.  I  know  not  but  1  might  plead  some 
other  thing  to  the  indictment. 

Just.  Jonrs.  Propose  what  you  will,  if  ill* 
a  matter  in  law  fit  to  l>e  argue!l,  you  shall  bate 
counsel  assigned  you. 

Coif.  Pray,  m'y  lord,  let  mc  have  my  papers 
ug-ain.  If  it  were  not  my  light  to  ha\e  iIkid, 
or  to  hn\ e  counsel,  1  wouM  not  ask  it;  but 
if  it  be,  1  won  hi  not  lose  what  is  my  right. 

L.  C.  J.  You  uuist  pK-.-^il  lir.st.  *  I  know  not 
but  he  may  l»e  a  criminal  that  brought  you 
thosu  papei-s  ;  for  we  allow  no  Milicitors  in  casei 
of  treason. 

Colt.  Some  of  tlK>sc  papers  were  received 
from  me  in  the  Tower,  and  \%ere  brought  back 
to  nic,  and  taken  away  but  to  day,  1  desire  tbej 
may  be  returne<l. 

(Y  oJtheCr.  Are  you  (Juilty  or  Not  Guilty  T 

Co/t.  Th'iai'  papers  tell  me   I  luive.  a  pleaia' 


Colt.  I  haA  c  not  that  method  about  me, 


.^73] 


STATE  TRIALS,  33  Charles 


ran  I  directly  tell  it  without  iny  ppers  ;  but  it 
is  something  uf  law  about  tlif  indictmtMit. 

L.  C.  J.  Yuu  are  nut  bound  up  to  t'ornis  of 
law.  For  if  voii  pro|»osi^  the  maltrr  nevrr  so 
feiosel},  yet  i^  it  be  a  inattcr  ofa^ail,  and  that 
*hii'h  lh«'  law  is  not  tleaiiy  against  you  in, 
Ton  sliall  have  counsel,  and  time  to  dr^v  it  up 
inlonn. 

CfU.  I  cannot  propow  tlie  matter  so  r«g"U  - 
hrlv  as  if  I  had  my  papers. 

Just.  Jones.  You  are  not  liound  to  prop'Ko  it 
HI  formality  of  law,  my  lord  tells  you ;  only  let 
us  know  what  it  is. 

Volf.  If  I  have  a  nrivileije  in  law,  I  hope 
you  will  sfive  ire  tlie  benefit  of  it. 

L  C.  J.  We  will  deny  y<Mi  nothi npf  that  the 
i»w|fi^esyou ;  but  we  cannot  cfive  you  counsel. 
It  b  not  one  particular  case,  but  the  common 
coiine  of  justice  is  concerniMl.  A\  iihout  a  niat- 
^  of  law  arlie^,  we  cannot  as  Mpfn  you  counsel; 
if  we  would,  we  cannot  in  justice  till  you  have 
F^posed  the  matter  wliich  the  cuiirt  thinks  lit 
lokearfjued. 

Cvll.  My  Lord  Coke??ays,  it  is  t'.ic  hirth-rlght 
rfweiy  Enp^Hshman  to  have  counsel  in  matters 
^hT,  and  Lilburne*  had  it  u|K)u  bolemu  ar- 
irnnt  in  his  Trial. 

J«t  Jones.  \\  hat  timrj  were  those  ?  That 
■»Wbreihi'  Ili^'h  Court  of  Ju^tico. 
AttGen.  (Sir  Robert  Sawyer.)  If  there  be 
■Pterin  law,  it  must  be  pi-oposetl  to  the  court. 
•i  tbey  are  to  judgfe,  MhetluT  it  l)e  a  poiiit  fit 
l^branpied,  :uid  then  counsel  is  to  be  assijfi.cd 
r^.f-ndnot  till  then. 

(W/.  My  lord,  I  know  not  but  tljere  may 
K  loiDe-iA  111! t  in  law  for  me  to  plea«l  to  this  in- 

*^ent,  till  1  havemy  pa|>eni  1  can't  tell  what 
nil 

^  C.  J,  We  know  nothing  of  your  papers 
"■atlhcy  are :  you  nuist  answer  whether  you 
*PCuilty  or  Not  Ciuilty. 

ColL  If  I  had  my  papers,  I  would  answer  to 
tlmnnediately  ;  but  1  hope  i  shall  not  be  nmr- 
*«d. 

JiKt.  Jones,  Have  a  care  of  aspersing^  the 
**rt.^   l*niv  who  intends  to  munli-r  you  ? 

Serj.  Jeffcrics.  I  ri'memlier  in  Lilbume's 
/nl,  that  uc  speaks  of,  such  words  were  useil 

Co/A  My  loni,  I  hope  I  sliall  not  be  denied 
^ut^is  necessary  for  my  defence.  This  cie- 
^  B  not  only  aipiinst  me,  but  against  all  the 
"CtatiDti. 

iff.  Cf n.  Ifow  lone  have  you  been  a  Pto- 
*«*«,  Mr.  Colled^*? 

tall,  Erer  since  I  knew  wliat  relififion  was, 
^ ;  I  nerer  was  any  thing  else.     For  God's  ■ 
■k,  tny  lord,  let  me  have  the  justice  of  the 
^tiuH,  and  what  by  law  an  Englishman  ought 

^L  C.  J.  You  must  plead  Guilty  or  Not 
Wly,  or  you  must  shew  some  matter  that 
|m  iiin  pieftd,  that  is  proper  for  us  to  ansis^n 
Jii  flouMeL  If  wc  should  rcconi  your  refusal, 
JMwottUW  judge«l  to  stand  mute,  am)  sentence 
you. 


f  8m  ?oL  4»  p.  1898,  of  this  Coihiction. 


II.  1681  —/or  //iVA  Treason.  [574 

ColL  If  I  have  a  privilege  in  law  a«  an 
Eii||iflishiuan,  I  will  not  forfeit  it,  if  T  can  Ih-Iji 
it,  for  any  thing  in  the  world.  Thcrffort»  I  ile- 
sirc  T  may  have  my  papers  aguin^  that  I  mav 
sec  if  I  can  plead  anv  thing  in  Ihu  ;  for  if  *i 
have  a  privilege  hy  tlie  law,  befon;  I  will  for- 
feit it,  you  shall  ilo  what  you  please  vith  me. 

L.  (.'.  J.  ^'ou  uill  have  tlu.'  advantage  of  all 
that  matter  that  is  in}  our  papers  after  you 
ha\e  pleaikil,  if  then»  be  any  advantage. 

ColL  Pray,  luy  Ion  I,  order  me  luy  papers 
that  won»  taCen  away  from  me. 

L,  C. ./.  They  were  not  taken  away  by  me. 

Co^L  Tli(»y  wei*c  taken  Av»ay  by  the  keeper, 
undor  pn^tenee  tu  bring  them  to  yi'ur  lordship. 

L.  C.  J.  I  know  not  how  you  came  by 
ti.em.  There  caiife  one  to  me  last  night  that 
is  a  common  solicitor,  one  Aaron  SuuMi,  aiid 
desired  he  might  have  liberty  to  go  and  speak 
witli  the  jiHsoner*,  I  told  fiim,  1  did  not  un- 
derstand tdl  he  were  assigiietl  by  the  court, 
that  any  could  justify  soliciting  for  a  man  that 
is  accused  of  high  IrUison,  nor  could  any  be  of 
counsel  till  they  were  a.ssigiied  :  for  a  defence 
again.st  treason*  ought  to  be  by  plain  matters  of 
proof  and  fact,  and  not  bv  artificial  ca\ils.  But 
if  you  will  propose  any  thing  of  substtiuce  as  a 
matter  in  Jaw  whiirh  the  iourt  sliall  think  fit 
to  \te  argued,  propose  it,  and  then  we  will  as- 
sign you  counsel. 

Coii.  Is  it  not  my  right,  that  I  ought  to 
have  a  copy  of  the  jury  ? 

X.  C  J.  I.^)k  vou  for  that  now,  vou  cited 
the  opinion  of  the  judges  of  thi?  King^s-Jjmch. 
My  brothers  two  of  them  that  are  here  who 
arc^  judunes  in  that  court,  say,  they  know  no- 
thing of  any  such  matter,  but  I  tell  you,  you 
have  liberty  by  law  to  challenge  35,*  by  your 
sight  peremptorily  witliout  shewing  cause. 
Tliey  are  boun<l  to  look  upon  you  when  they 
<H)me  to  be  sworn,  anti  if  you  fiave  just  cause, 
you  may  except  agair.st  as  many  nioie  as  you 
will.  Hut  now  we  that  proceed  upon  a  com- 
mission of  gaol-delivery,  an:  to  proceed  with 
expi^lition ;  there  are  no  particular  uien  de- 
sigue<l  for  a  jury  that  I  know  of.  liut  when 
you  have  pleautnl,  we  shall  award  the  sherifT 
toimpannel  ajuiy. 

Coll,  If  the  law  allows  me  the  liberty  of 
challenging,  it  does  intend  it  nie,  that  1  uiay 
challenge  those  persons  that  I  think  will  not 
do  me  justice  ;  but  whei-e  tlicy  are  fttrangmii 
unto  me,  if  I  can  have  no  inlonuation  aboul 
any  of  them  by  my  own  in<iuiry  or  my  f  rieods, 
I  may  challenge  my  friends  aat  well  a^  my 
toes  :  ami  shoidil  tliere  lie  any  i>er8on  thai  haa 
a  prtjutlice  against  me,  ami  i  not  know  it,  he 
may  chaiMX  to  be  one. 

L.  C.  J.  1  hoi>e  they  will  be  neither  friends 
nor  foes,  but  true  men. 

Coll,    I  know  not  tliat,  my  kird. 

Just.  Junes,  This  that  you  say  an  to  ft  eopy 
of  the  jury  is  uiweasunable.  Tliere  is  no  jnry^ 
nor  can  be  awanled  till  you  have  pleadeil. 
Tlierc  must  be  Ant  issue  jointed  ;  and  thatcai^ 
not  be  but  upon  your  ulea  of  JNoC  QwHy^ 
Therefore  you  miuipleMi  first,  and  thsn  my 
all  you  wiu. 


CtafCr.  AMeyoaQwhwrnrHm^taSky?  I  trMfe,lmtnmoatial»  Wf  gM«l«MnfM- 
QoiL  my  lord,  tmj  not  I  hare  a  bmumI  of  cie*.    Who  bn  •or  cmiMiriet  MiMt  iwnr 

Aajny.    ^  ^  UeP  Yon diidl he allMMJ^^fJltrMfiM 

JmLJmo.  There  is  no  mch  thug  ioheing.  uj  tfuB^  of  any  conipfaaev  a^dHl  yon,  or 
ColL   Ikmnr  not  whattoeay  toil;  pniy,    outiliirMiee  •g»UMt  yp  wma  ye  lya 

•ykirdjIelteehaTeroypttpeni.  your  tritL    Now  the  ytfoB  m^  Afis  700 

CL^Cr.  Yoa  ha?e  heerd  tfaeopimoii  of  nailtViOrNotGaikyr  Iwtltmwaf^timftm 

lktfeoMtyottB«*ftni*plNd.  that  yoa  cen  hare  «  to  {MploL 

SaiL  lamotpleadfint.    ImiMtkiieinT       Jutt-Jnut.   Yoa  wiD  na  into.  dMgcr  Igr 

qiendhig^  of  tfane. 

Gil/.  Pray,  nqr  hud*  aNy»oi 
they  ave  01  tfie  handi  of  ]n»  MomI  ' 
and  8ewell  the  kiiig's  BMMgar. 

Xfc  C*  X  Wmb  too  have  alaaiadf  wa  trii 
taheafajoeoMiitaialiHH  . 

(M.  ItBarhetoolaletfMn. 
^L.C.J.    It  HiailBmaMtlar  Mbejio^ 
whdhtryoo  he  guilty  orna*    Yhiilpuirwhtf 
toaaaucr. 

CoU.  Iwai  gifu  a  dkobi MMur,  aAv  1 

Jart.,Kmfk  You  cm pmia ana w  tothit 
without  papei'B* 

L.aj.  Coofult  with  jaor 
there  yoB  any  reoMfo  an 


GoiL  loipnotjieadfiat.  Imuotkiaeniy 
Imiit.l  mmt;  1  neither  knew  whoaeoMee 
iMjinarwhetitMtheyaooaaemeof;  itiaini- 
peanfe  I  could  deftiid  nyaelf  if  I  have  not 

VxTCJ.    We  know  not  whit  pupen  you 

OoiL  The  gaoler  took  theoi  from  me,  and 
aofAekin^emeaigyrti.  Amy, my kird. 
wiB  yon  eider  them  to  he  retamed  W  me  agam  r 
let  IM  hut  aae  whether  I  have  any  r%|;ht  or  no, 
and  whether  I  hare  any  thigg  to  jpleed  orno: 
whan  I  iMcrejieruBedmypanen,  iwiU  MMe 
itoaweilaalciiitoyou.  l^yt  ny mallet 
aae  have  a  fiur  triaL 

jLCX  We  pramiaed  yon  a  &ir trial,  %it 
yoa  mnet  put  yomeif^on  that  trial  hy  yoiv 


Getf.  I  cannot  do  ttatwidioat  my  papers, 
nykird.    Let  nee  but  have  them  agam,  and  I 


wiH  not  delay  your  tune  at  alL 

L,  C.  J.  You  can  tdl  whether  yon  are 
ChnkT,  or  Not  OuQty,  cannot  you  ? 

Coll,  If  I  have  a  plea  in  law  arainst  the  in* 
dictmenty  I  hope  you  will  not  hinder  me  of  tliat 
which  is  my  ngfat.  It  is  possible  the  iodkt- 
ment  does  not  lay  it  right,  eitlicr  as  to  the 
BMtter  of  treason,  or  as  to  the  ulaoe. 

Just.  Jones.  That  is  upon  tne  issue  of  Not 
Guihy  upon  your  trnd.  If  there  be  not  matter 
of  fiict,  or  words  proved  that  are  treason  in 
this  place,  you  will  have  the  advantage  of  it 
upon  vour  trial. 

^  CoiL  Llmow  not,  my  lord,  but  that  the  in- 
dictment does  mention  something  of  treason, 
and  something  of  misdemeanor. 

Just.  Jones,  That  which  is  misdemeanor, 
will  not  amount  to  a  proof*  of  the  treason 
upon  the  trial. 

L,  C.  J.  If  they  prove  no  treason  against 
yott  here,  but  ouly  mLsderaeanor,  I  do  not  un- 
derstand that  the  jury  can  find  you  guilty  of 
that  misdemeanor,  for  it  is  another  crime,  and 
there  is  another  sort  of  proceedings  for  it.  In 
misdemeanor,  there  are  no  peremptory  chal- 
lenges ;  in  misdemeanor  counsel  is  to  be  al- 
lowed for  the  priiumcr,  but  not  in  treason. 

Coll,  Pray,  my  lord,  be  pleased  to  order  me 
my  papers  •';npaiir:  I  know  not  what  to  say 
without  I  havo  the  assistance  of  ray  papers ; 
when  I  have  thcni,  1  Hhall  be  ready  tn  plead 

E resent] V  acconliijj»;  ns  1  shall  find  *I  may  by 
LW.  Ibis  I  am  Hurc,  1  liavc  tkme  nothing, 
nor  said  nothing  of  treason,  and  I  pray  for  no- 
ting but  justice,  and  that  which  is  iiiv  right. 
This  is  a  most  hon-id  conspiracy  to  take  away 
my  hfe ;  and  it  will  not  stop  here,  for  it  is 
WHt  all  the  Protestants  in  Kngfand. 
^  C.  /.    Mr*  CoUedge,  you  do  not  aniy 


Aii.  Gen,  Mr.  Cole^g^  can  mj  ¥%4dl 
whefiieryoahegttil^  cr  na^  bettor  thenyapv 

Jnat.KiRei.  If  you  expect  amrptpan^flgr 
ought  to  he  ftamad  hv  yonmeir :  ftr  Iffiii 

none  can  ad\'ise  you  what  to  plena. 

Coll,  Idon'tex}>ectitui  matter  of  Ihct,  bal 
if  matter  of  law  arise. 

Just.  Jones.  But  this  is  a  matter  of  ftct,  tad 
therefore  you  may  plead  Not  Guilty,  as  wiH 
without  your  papers,  as  if  you  had  toon. 

Coll.  But  if  there  be  any  matter  of  law,  that 
I  ought  to  have  the  advantage  of. 

Just.  Jones.  Then  yon  ought  tohafvenaad* 
vice,  till  they  be  assigned  by  the  court :  For  Iw 
the  law,  neither  counsel  nor  advice  are  aPuasfct 
to  you,  till  the  matter  has  been  propeaad,  and 
the  court  tliink  fit  to  assign  yoti  counsel. 

Just  Levins.  You  talk  of  the  privilege sf 
an  Englishman  ;  you  have  all  the  privileges  of 
an  Englishman  :  You  are  here  brought  to  an 
o|)en  trial,  according  to  the  law,  and  hy  that 
law  you  must  plead.  Now  if  a  man  be  indided 
for  High-Treason,  he  is  bound  to  plead  either 
Guilty  or  Not  Guilty,  unless  he  has  a  matter  ia 
law  to  excuse  him  from  that  plea,  whidl  mmt 
be  pro{K)sed  to  the  court,  and  then  conned  wii 
be  assigned  ;  and  if  so  be  matter  of  law  arims 
upon  any  eyidence  that  is  given  against  you  it 
the  trial,  you  may  demur  upon  that  evideaoe, 
and  pray  coun^  of  the  court  toaiguethatde- 
nmrrer,  and  they  will  not  deny  you ;  baft  I 
think  you  must  plead  presently. 

Coif,  I  suppose  other  persons  that  baie 
been  tried,  have  had  counsel  belbre  they  have 
pleaded. 

Just.  Jones,  But  never  belbre  the  mattnr 
was  proposed  to  the  court. 

JL  C.  /.  It  was  so  in  the  case  of  my  loid 
Stafford.  The  court  made  him  propoae  hii 
niaueni  in  to  Wy  and  80  it  im  ia  lilbunM/'a  Otoft 


677] 


STATE  TRIALS*  33  Chables  IT.  1^8 1  .-/ur  High  Treason.  [STt 


Uedid  iimist  upon  a  great  many  matters  in  law, 
and  bad  the  boolu  there  biniseif. 

Coii.  1  am  wboUjr  ignorant  oi'  tbe  law,  my 
lord. 

Seij.  JffferieM,  Your  lordships  are  the  judges 
of  tlie  law  in  this  case.    The  question  here  in 
hhnrt  is,  whether  the  prisoner  be  (juilty  or  Not 
Guilt}-,  and  that  being  demanded  of  him  by  the 
court,  if  he  refuses,  let  him  take  the  conse- 
quence of  it. 
Co//.  What  is  that,  pray,  sir  George  ? 
Ati.Cen.  Judgment  of  IIigh-Tn»8on.  For 
if  a  person  stand  mute,  and  wdl  not  plead  to  an 
lotfictinent  of  High  Treason,    the   common 
jud^eiit  of  pressing  to  death  must  not  pass 
upon  him,  but  an  atteinder  of  High  Treason. 
Coit.  Well,  if  it  be  so,  I  cannot  help  it.    I 
thank  God,  1  am  innocent  of  any  treason,  or 
atiy  such  thing. 

LCJ.  Why  dooH  you  plead  Not  Guilty, 
An? 

Coll.  I  do  not  refuse  to  plead,  I  am  willing 
tnnlad  with  all  my  heart,  if  I  may  have  my 

Jait  /oaef.  If  you  do  not  plead,  you  refuse 
tttkid. 
utf.  Pray,  my  lord,  let  me  hare  my  pa- 

itf.  Gtn.  Pray  give  the  court  an  account, 
tiwhrf  you  tliose  papers  ? 

L  C.  J.  Nav  we  will  not  enter  into  any  ex- 
aoiHtion  of  tnat  matter  now,  Mr.  Attorney' ; 
ken  have  no  use  of  papers  to  see  whether  be 
dMd  plead  Guilty  or  Not  Guilty. 

beQ,  Jijferiet.  We  know  nothing  of  those 
yiyai,  we  desire  that  he  may  answer  to  the 
Mslioo  shortly,  whether  he  be  Guilty  or  Not 
Gsiky ;  if  not,  we  pray  your  lordship's  iudg- 


C9IL  I  bad  them  not  all  from  one  person, 
tkn  were  received  from  my  own  hands,  some 
tfion  in  the  Tower;  aud  being  brought 
hck  to  me,  they  were  taken  from  nie  to  day ; 
kt  me  have  but  one  of  them:  the  paper  of 
iBKractions  in  point  of  law,  tliat  I  may  know 
■Wis  my  right :  I  would  not  throw  away  uiy 
Sfc,  if  I  have  any  thing  that  is  my  right  that 
CM  preserve  it. 

£•  C.  J.  Y'ou  are  to  ^ve  a  plain  answer, 
vikiber  you  are  Guilty  or  Not  Guilty,  now  tor 
te  you  have  no  use  of  |iapcrs :  for  you  can 
htt  tell  whether  yon  be  guilty  or  not.  If 
}M  can  propose  any  matter  of  law  that  you 
CB  have  to  plead,  do  it. 

ColL  If  I  have  any  plea,  that  I  may  plead 
Not  Guilty,  I  acsire  I  may  have  luy 
to  consider  of  it,  and  that  1  may  have 
■i^niedme. 

L  C.  jTlf  you  have  any  such  plea,  tell  ns 
k  HUltr  and  substance  of  it. 

Citf.  I  do  not  know  what  really  are  matters 
ifhw ;  if  I  had  those  instructions  that  are  in 
ly  pipers,  I  could  givejou  a  direct  answer 
P^wUy, 

.Xb  C.  /.  You  fioght  not  to  have  any  advice 
IMm  your  trial:  when  you  propose  matter 
whm  ymimif,  yoo  may  have  advice  upon  it. 

TOU  Tni. 


But  you  ought  not  to  have  advice  to  decline 
your  trial  biforc-hand. 

CI.  of' the  Cr.  Are  you  Guilty  or  not  Guilty? 

Coli.  Mr.  Attorney,  pray  let  me  have  u  CH)py 
of  the  indictment. 

AU.  Gen.  Apply  yourself  to  the  court  for  it, 
we  must  receive  our  dircftions  from  thenar. 

L.  C.  J.  You  have  had  the  opinion  of  the 
court,  you  can't  have  it. 

Just.  Levins.  You  have  been  told  nothing^, 
can  be  received  from  you,  but  a  plea  of  Guilty 
or  Not  Guilty,  and  the  court  have  given  yoii 
their  o|>iniou,  and  that  you  cannot  have  a  copy 
of  the  indictment,  nor  counsel  assigned  you, 
till  you  offer  something  for  them  to  1^  assigned 
upon. 

L.  C.  J.  Aud  that  was  it  which  was  done  in 
the  King's  bench  in  the  case  of  Fitzharris, 
which  1  sup|M)se  you  meant  when  you  speak 
of  the  judges  opinions. 

Just.  Jones.  Notliiug  was  done  there  till  he 
himself  assigned  the  matter  in  law  that  he 
would  pk»ul,  aud  then  counsel  was  assigned 
him. 

Serj.  Jefferies*  Mr.  Colletlge  was  in  the  court 
at  tliat  time,  and  can  tell  what  was  done. 

L.C.J.  If  you  desire  the  indictment  read 
over  again  distinctly,  that  you  may  have. 

Alt.  Gen.  Ay,  with  all  iny  heart. 

Coll.  Pray  let  me  hear  it  again,  my  lord,  if 
you  please. 

L.  C.  J.  Read  it  over  again  to  him,  and  read 
it  distinctly. 

CI.  of'  the  Cr.  Thou  art  indicted  by  the  name 
of  Stephen  Colledge,  late  of  Ovou,  in  the  county 
of  Oxon,  carpenter,  as  a  talse  traitor. 

Coll.  I  have  obsierved  one  tiling  alreaily,  my 
lord,  f  pray  I  may  have  pen  and  mk. 

L.  C.  J.  Ay,  give  him  pen  and  ink,  let  him 
make  what  observations  he  can. 

Then  tlio Clerk  read  the  Indictment  through. 

Cl:  ifCr.  Art  thou  Guilty  of  this  High- 
Treason,  or  Not  Guilty  ? 

Coll.  Tliis  Indictment,  if  I  understand  it, 
says,  there  wiis  a  plot  and  conspiracy  by  mo 
and  others  ;  now  1  know  wlieii  my  lord  Staf- 
ford uas  tried,  tliey  did  procoed  to  prove, 
tintt,  that  there  was  such  a  pli>t,  and  then  that 
my  lord  was  guilty  of  it  *,  first,  that  there  was 
such  a  conspiracv'by  the  papist^,  is  it  not  re- 
qiiisite  the^  should  hrst  pn)\e  such  a  plot,  and 
'  conspiracy  tiiere  was,  before  they  go  to  prove 
me  guilty  of  it  ? 

Just.  Jones.  What  before  you  have  pleaded  ? 

L.  C.  J.  When  you  have*  pleaded,  tbe  next 
thing  is  to  try  you,  and  to  give  the  evidence  ; 
but  what  way  the  king's  counsel  will  take  to 
m^age  your  trial,  that  we  can't  tell. 

Just.  Jems.  Hut  they  arc  not  to  be  directed 
by  you,  Mr.  Colledtje. 

Coll.  It  was  so  done,  I  say,  in  my  lord  Staf- 
fonl's  ease. 

L.  C.  J.  He  pleaded  first,  however,  you  have 
not  vet  plesided. 

Cl.  of  Cr.  Arc  you  Guilty  or  >Cot  Guilty  ? 

L.C.  J.  Do  not  trifle  auy  Imiger,  it  is  » 
2P 


fRH    sTAiftnaMA 

pUIn  inxttw,  and  reqiiires  a  \ivy  s\ion  and 
pLun  iniiWcr. 

C«l!.  Yuiir  lonlvli^ps  are  my  counsel,  as 
(rell  u  my  judges,  ninl  t  Ho  de^re  if  I  hare 
ftny  riiflil  in  jilemj  any  olher  matter,  v<">  "31 
br  rienial  in  ileclare  it  to  mei.  Hot  I  nin'ignorant 
iulb«lftw. 

Jiwl.  Jrin«i.  We  ^^»ye  <]er1nr«-i)  our  n|jint<in 
ali-eaiiy,  timt  yoii  have  >n  Hj^ht  to  tM<e  any 
»tictlor  w  ni'iincil.  tiU  niAtter  of  Iw  do  arii». 

Call.  Is  it  yuurlonlahip's  opinion ,'lliHt  1  hare 
MptomtswF 

JiHl.  Jona.  Ho*!-  yno  no  pW  in  Inv  ? 

Jii  C.  J.  He  woiiid  hute  onr  jiidg^ient, 
whKtbfr  litwe  lit  tmy  w  iir>. 

Ju«I.  Jificii.  Vim  y'nir»elf  knmv  l>csl  ;  wc 
kiiownoUriiigyuiiliui('<u|iWd. 

Colt,  I  cuunot,  HnliiMW  1  tM*»««ain«t  and  iny 

L.  C,  J.  TliiTc  liiN'i  nothing  apppvar  to  nx. 

Cuil.  I  know  iiolhitJif  ot'  tbe^  taw. 

L.C.J.  Thcit  pload  Not  Uuilly,  thai  la  a 
Madyplw. 

Jiui.  Jimet.  Yon  JiflTe  hail  our  opini")!)  o»er 
aoiloTFr  i^n.  Toubat'eas  much  connselas 
uallowMl  tn  these  caars,f<>reTerv  man  ii  hesi 
jiid£V  of  hia  uwa  ca»>,  wb&I  (o  picud  n'bnfcer 
Guilty  or  Ngl  OuiJty  :  Vou  hai-e  lud  h  ftu- 

^r.  Gen.  Mr.  Cnlletlge  haa  saiil,  tie  knoHc 
of  no  plea  in  law  he  hap,  and  lliereliirpthei'E  i» 
~~         "     -  <   -   ,Q  a^pareDtifcus  a  Don  txuten- 


,'  the  re 


iH  the  » 


•r  Of  faet,  there  b  no  plea. 


L.  C.  J.  In  a 
but  Not  GuUiy, 

Coll.  The  tnurt  are  jmlgeiin  wiBttcr  ortaw, 
'  and  they  are  my  cguu.wl. 

Just-Jonee.  Ami  the  court  hai-c  allnf  ihein 
deckreil,  titey  kuow  of  authiiig  in  luw  iliat  yuu 
have  tn  plead. 

Goll.  Is  oot  cDunW'I  U  t>e  alloned  to   ose 


L.C.J.  Ifjou  bavi.- uDy  thing  fur  oounoel 
to  be  asai^nt^l  upnn^  you  abolt  liavc  tbon. 

Coll.  If  I  mil  i^orant  of  that,  and  cannol 
fmyaat  it,  ahall  1  uut  have  the  asaib-tauoe  of 
coBiiaall' 

JliHt.  Joitfi,  No,  we  have  told  you  the  law 
plainlj'.Bod  that  wbich  rtfrpqiioit  in  practW 
IB  like  a»es,  and  jou  must  Ve  contented  with 


'  Cvll.  My  lord,  1  am  ifTDorant  of  the  law. 

L.  C.  J.  Then  rely  upon  the  taut,  and  plead 
Not  GuilU'. 

Coll.  But  if  Iliavea  right  to  any  point  in 
law  leil  tne  have  it. 

Just,  Jmin.  You  have  a  rigbt  if  yoo  wiH 
pwi|>™»  any  tnattcr  of  kw,  but  we  cnunot  pro- 
pom?  it  fiiryoii. 

An.  Cm.  Mr.  roHcdge,  uu  man  Ot^bt  to 
pnipoie  your  plea  liir  y«u  j  '  Ig^orantia  juris 
'bw  «!\eiiHi.' 

C<-ll.  Slitkll  my  ignorance  destroy  me,  Mr. 

Snl.  C'li.  Von  \iitse  I>«ur0  the  opinion  nf  the 
cuort.  yoD  have  a  right  to  pnt|HWc  any  other 
|<tM  luat  yuu  eau  yuundf ;  hm  you  Lave  no 
ri^t  to  uk  couuwil  bwluK  you  haVt;  pkailed. 


8erj.  J«J?eria.  KMr.CoHeflgtbaTemidi  n 

thing  as  a  aoiicitoi',  1  xhall  crave  tvave  to  put 

ibst  solicitOT  in  miiid  nf  the  caw  of  t>ii«  ttisl 

OS  indicted  nf  High-Tiv&.wn. 

Alt.  Gm.  We  fdiall  talk  nf  that  by-and-hT. 

L.  C  J.  The  BBitie  iiw4bnds  are  used  iu  oiir 
ne,  as  otp  iu  all  caiea  of  the  like   natofe,  ai 
ra»  my  kiiowledgf  reftcbefli. 
CoU.  If  1  hai-e  a  riglit  M  tite  law.  I  mnit 
II  lose  it  for  luy  own  ifpioraiiee  of  tlie  Ui  i 
but  if  you  detiy*rae  hnib  mymiinsel  and  iny 
fiBjiers,  you  take  awav  the  Dimin  iif  my  com- 
ing to  that  rich),  and  amk«  tne  unmpaUB  u( 

"  *ne  my  delenee. 

C.  J.  Youliavp  been  Inld  yon  must  pkad 
betbre  you  do  any  ttitug. 

CoH.  T*i»  is  tlie  nerWn  (pnintinc  to  a  pt- 
son  by  him)  that  had  Ibe  papers.  lie  picairil  to 
couniiaiul  him.  thai  I  may  hate  thtmi  ngnin  : 
He  Buld,  he  had  orders  m  take  ihclu  from  uiF, 
and  bring'  them  to  your  lordship. 

L.  C.  J.  I  know  of  uo  noe  you  eonld  hart 
of  »nv  papers,  (wpleadGniltyor  Not  Goatv. 

Hfl.  Gen.  If  there  beiu  those  papers  aiihk* 
in  matters  of  law,  that  yoa  have  bo-u  loM  yoo 
ouglil  nut  to  have,  till  the  court  hat  asngW 
you  counsel  to  g^ite  you  advice. 

Coll.  Tbcoif  tlierebearight  in  law,  toit 
privil^^  vrhich  I  ought  to  liave.  ImnstlMcJI 
by  my  being  ignorant  of  it,  md  have  ito  ontU 
auviee  tne  about  it  iieitlter. 

L.  C.  J.  You  may  prapnae  it,  if  von  fan 
any,  if  wit.  you  most  pltnd  to  the  imWRntiL 

Serj.  JffiaUi.  Sly  lord,  it  has  iK*t  Berf 
osn^  for  lis,  that  are  uf  the  king'a  coihimI.  M 
enter  into  dial'igun  with  prisonew  atthP  W, 
The litst thing  that  i<i  lobe  doneinsnehcaKtilt 
lor  the  prkoiicr  tu  plead  Oailiy  or  Nm  fJoillv,* 
to  (jfler  Sdmelbing-  to  the  court  that  may  W  t 
matter  in  law  fit  to  be  dialed  ;  and  thJH  DC 
pray  may  be  done  in  llili  caijC,  and  that  (iKp^" 
sonCT  may  pleait  pre^ntly,  or  eUe  we  dWA 
yom-jud|£mpnt. 

Coll.  Pray  let  mehaTemy  {mpersa^D,  nf 
lord. 

L.  C.  J.  You  go  in  a  clrr^Ie,  and  nin  rannt 
from  one  thing  to  aoolher,  and  will  reciit*  n* 
answer.  We  liavc  told  you  our  opinion,  to' 
vcmiist  tell  you,  though  you  hold  lung  dit- 
courses,  vet  you  will  be  judged  lust  and  neV; 
if  yno  plead' not  a  Icsal  pica :  Thewfora  J«* 
must  pleail  fiuiltj  or'Not  GoiHy,  or  ofietMB*- 
Aina  that  may  be  a  plea  in  law.  and  then  jW 
«liairhave  tliu  naiisumci:  of  counsel,  but  Jll 
must  have  none  till  then. 

Cull.  But  shall  1  not  heva  mv  nspen,  tf 
lord? 

L.  C.  J.  We  know  nothiog  of  Ib*m, 

Coll.  Pnij ,  my  lord,  order  the  man  to  jt* 
them  to  me,  that  took  di«ii  from  me.         .^ 

L.  C.  J.   We  will  Older  no  such  tJAW.  J 
may  bra  lYiniinal  perha]is  that  did  |p"<r 


you  at  ftnt ;  but  when   you  pleadm,  I 

hear  aiiv  iii'ition  v<"i  will  uiakc  abont  ll 

Cnll.   It  nijiy  Ik'  I  ought  to  pleail,  diat) 

vnir*  tpoken  iii  auoth^r  place  AUOI  "*  ~ 


11)0' 


STATE  TRIALS.  d3CBABLBS 

You  will  not  need  to  plead  any  sucb  i 
if  there  be  uotliing  proved  of  trea- 
>u  md  or  did  in  Oxfurdsbire,   you 
uud  Not  Guilty. 
2re  hi  anoUier  thiug,  my  lord,  I  am 

tlic  nauitt  ol'  Colled^,  carpeatcr. 

Wl^ttbeui' 

im  iiot  a  carpenter,  but  a  joiner ;  is 
irtoit? 

Tbe  addition  sigtiiBins  notbing,  I  do 
uiy  diAerenoe  betwixt  a  carpenter 
T  in  law. 

ie$.  Tbcy  mii(bt  bave  itMlicted  you 
e  of  labourer,  and  it  bad  been  good, 
-ay,  my  lonl,  eitlier  give  mc  my 
ai»ftigri  me  counsel,  or  else  1   may 
y  my  liie,  for  I  am  wholly  ignorant  of 

WbcB  you  have  |»leaded,  we  will 
lotion  you  will  make,  aud  do  that 
\si  upon  it ;  but  1  see  uo  use  you  can 
ipera  to  pl^  Guilty  or  Not  Guilty, 
le  ouly  question  is  asked  you. 
>.  Are  you  GuiKy  or  Not  GuiHv  ? 
ill  yon  iiromise  we,  my  lord,  tkere 
vantage  betaken  agfainst  me,  if  I  do 

We  will  make  no  bargains  with  you. 
Du  ought  by  law  to  do. 

matters  of  law  arise,  shall  I  have 
speak  to  them  ? 

ncM,  Yes,  you  shall,  you  need  not 
Propone  any  matter  now  fit  to  be  ar- 
you  shall  have  counsel  to  it. 
am  not  capnUe  of  doing  it.    1  know 
1  bav«  any  right. 

Mj.  Tlie  cowtiB  of  counsel  to  you. 
'  you  are  my  counsel,  then  have  I 
a  kiw  to  make  ? 

'nc».  You  have  heanl  Uie  indictmeni 
L  say  yon  ?  For  you  uiu»t  propose  the 

.  We  know  of  none  hnt  Guihy  or  Not 
f  }  ou  can  tell  any,*do. 
pray  i  may  have  my  papers  again ; 
no  other  pka  for  luc,  pray  let  me 
pnMinagaui. 

.  You  have  beard  the  opinion  of  the 
I  must  plead. 

!».  Certainly,  Mr.  CoUcdge,  you  can- 
ity of  theae  things,  you  need  not  to 
,  Id  plead  Not  Guilty  *  sure 
ly  lord,  havinjn^  becru  kept  a  prisoner 
been,  without  pen,  ink,  or  pa|)er,  no 
oa  with  luy  tricnds,  or  kiiowleflgi*  of 
ad  being  iguorant  of  the  law,  not  know- 
!  1  have  a  right,  uur  wlieu  1  ha\  o  a 
mdo  force  me  upon  ihia  plea,  and  it  cost 
ii^  al  your  doors  lie  it. 
MCli  Yoy  will  lose  your  life  if  yon 
•i^  if  you  plead  Not  Guilty,  and 
^  Guilty,  you  will  save  your  life 


willing  to  plead  what  tlie  law  re- 
mito  plead,  and  if  i  have  right  in  law, 

BrbAw  yonfliiilny  oc  Not  Guihy? 


tt.  ]€81.-/ar  High  TreM&n.  [58? 

Cvll,  Why  tlien  as  they  have  laid  it  in  that 
indictment,  m  manner  and  form  as  it  is  there 
laid,  I  am  Not  Guilty  Y 

CL  of'  CV.  Culprit,  by  whom  wilt  thou  l»c 
tried  P 

Coli.  By  God  and  my  country. 
CL  of  Cr,    God  send  thee  a  good  delivcr- 
axice. 
Just.  Jonet.  Not  Guilty  is  his  plea. 
L.  C.  J.  Now  he  has  pleaded,  Mr.  Attorney ; 
lie  B])eaks  of  some  {Mipers,  if  there  be  any  nic- 
morandums,  or  any  thing  that  must  assist  him 
that  is  necessary  Jor  his  defence  in  his  tiial  in 
those  papers,  it  will  be  hard  to  deny  him  iliem. 
All,  Gen.  if  your  k)rdshi|»8  please  to  give 
nie  leave,  1  will  give  you  an  account  of  them. 
I'he  messengers  just  now  did  deliver  these 
papers  to  be  delivered  lo  the  court 

Coll.  Pray  speak  out,  Mr.  Attorney,  and  let 
meliear. 

Att.  Gen,  Wlien  he  came  to  prison  he  had 
none,  but  Mr.  Aarou  8tuith,  tlie  messenger  iu- 
iormed  mo,  did  deliver  tliera  to  him. 

L.  C.  J.  Whose  hand- writing  are  the  papers 
inP 

ColL  He  received  them  from  me  in  the 
Tower. 

Just.  Jones.  You  received  them  from  him 
first. — Coll.  No. 

Ati.  Gen.  What  were  tlic  papers  you  do- 
Uvered  to  htm  in  the  Tower  ? 

Coll.  The  three  pieces  joined  together  thai 
contains  directions  how  to  govern  myscU';  then 
is  another  to  the  saine  purpose,  which  instructa 
me  to  demand  a  copy  of  the  indictment,  and  of 
tlie  pamzel  oi' the  jury,  and  those  were  instruc- 
tions to  tell  me  wmt  the  law  allows  me. 

AU.  Gen.  Here  is  a  speech  made  for  yon 
that  begins  thus :  *  Before  you  speak,  speak  to 
*  this  purpose.'  Pray,  my  lord,  I  desire  that 
may  be  examined,  aud  Mr.  itaiith  may  be 
calfc<l  to  give  an  account  how  he  came  to 
give  the  prisoner  those  paptnrs  ;  for  here  are 
abundance  of  niceties  proposed  for  him  to  move, 
ami  there  will  be  a  strange  sort  of  proceedings 
at  this  rate,  if  men  go  about  to  espouse  the  i^aoMm 
of  trait«irs. 

Coll.  1  am  no  traitor,  Mr.  Attorney. 
Att.  Gen.  You  staud  indicted  of  Higii-Trea* 
son. 

Coll,  That  is  by  a  Grand  Jury  made  op  that 
moining,  as  I  am  infomK*d. 

Att.  (Jen.  Here  is  a  list  of  the  names  of  se- 
vered men  of  the  county  n-tiimcd  to  be  of  the 
jury,  and  particular  nmrks  sc^t  upon  them,  whe 
are  good  nieu,  and  who  bad  men,  and  who  mo- 
deruie  men. 

Coll.  Ought  I  not  to  have  that  paper,  my 
lord  i* 

Alt.  Gen.  \o,  I  hop**  not. 
L.C.J.  Whether  tliej  are  material,  or  ni»t 
material,  if  we  sliould  jii(l<ro  them  not  luatmal 
tor  his  di»tence,  yet  it  uiMild  look  like  an  hard 
point  u|M>n  tlie  prisoner ;  and  to  deliver  thutt 
into  an  hand  that  they  may  be  carried  away  or 
stilled,  in  case  there  were  a  crime  in  thc*^- 
livering  of  them,  that  wouU  not  do  wdl  d 


1 


irc  I  wnnld  h»vc  these  pa- 

■  xafe  hindti,  that  whnt  mny 

.  'gusc  he  may  not  wTuit,  «tiU 

n  he  tokeD  swBy,   ir  there  be 

'"em  tipoii  another  accoant. 

if  itf  hnse  your  InrdiUp,  I 

Id  niter  inio  the  examinMlmi  of 

IT  I  have  an  acrouiit  rrom  Loo- 

i  mcMicr^er,  Ibat  tUcre  arese* 

ip  anil  dnn-D  to  pronire  wii- 

tdnir's  eviiftux,  making  it  a 

1  here,   my  lord,  is  anotlicr 

BUn  of  men  w  wiinefscs  piuknl 

Itinst  the  kind's  wftiiessei. 

it  have  that,  detiier  Liiti  thai 

t,  my  Lords,  ntht'rs  bare  a;i>ne 


ie  you  can  make 

TtiK  no  man  will  oppose  sure, 
is  delivered  to  him  be  lit  Id 
penoo  thai  delivers  it  must 
;  but  belbre  any  penion  du- 
to  the  miMner.  hr  l.im  to 
iost  the  King's  evidenee,  yre 
r  what  those  papers  mean,  and 

you,  brotlier,  we  will   have 

'  the  trial  be  over,  uheu  that 

be  any  tiimg  that  reijuives  our 

.         il  willtie  proper  forus  to  enter 

llrtit  tbe  comideretion  of  it.  -  Bat  in  the  mean 
whOe  wliai  hurt  ii  there,  if  tbe  papers  be  pat 
into  aone  trusty  handn,  that  the  prisoner  may 
make  tbi^  best  use  of  ihem  he  ran,  and  yet  they 
wmnm  i^ndy  lo  be  produced  upon  o<x«BioQ  : 
■TftBaui  be   speaking  for   his  life,  lkoup;h  be 

rtk  that  which  is  not  mitterial,  or  nothing  to 
pKpoae,  there   will  be  no  harm  to  permit 

-   Bmj.  Jeftrie^.    With  submission,  my  lord, 

that  !■  ■Mtgniog  him  cotuiseh  wiih  a  witness. 

Att.  Gen.  If  people  are  iiermittcil  lu  en 

—■ '-■ ^--'  '    '  i,Bnirbr 


A  dawn  and  aak  ciunsel  ol  penons,  ai 


a  p^r^  lo  the  priwmer,  il  is  the  same  thin^ 
«■  if  cooiitp)  came  to  him.  Here  is  a  bun  v  so- 
licilDr,  tTid  he  ^ets  ndvicc  from  couniief,  and 
Ibn  bedelivers  it  lo  the  prisoner;  iti'ithetiret 
afttalldadriiTtaudy  that  ever  was  allowed; 
mi  iftbis  be  noi  to  auuigD  him  counsel,  I  know 
Dal  what  is. 

X.  C.  J.  Vihat  think  you  of  our  prnisiiig  the 


^«.Gpii.  WiihaUmyheart,  in 


■lofii. 


■etogo  upon 
Mi(  Wj  toril,    I   yray  your  jtHlKmenl  ubout 
^■fegWhen  you  haie|>eru8udlhem. 

^'InlVlb^  Judges  looked  upUD  tliU  paper  thai 


L.  C-  3.  We  havo  rwid  tnuugb  of  this  tt 
aiipnresB  it,  and  to  f  \aiaine  hvW  ihin  aiat  ti 
hi*  hands. 

JustJoofi.  Whire  is  Aanm  Smith  f 

All.  G(n.  My  lonl,  here  ia  another  that  i< 
worse  than  that,  charging  the  justice  of  tht 
nation.  Pray  call  Mr,  Aaroti  Mmiih.  and  Mr 
Hcitfy  Starkey, 

Mr.  Smith  appeared. 

jitf.  Cm.  Mr.  Smith,  did  you  deliver  tbcM 
two  paper!  to  the  prisoner  ? 

Sinitli.  Doesany  bodyaccuiwme  that  I  didJ 

Jll.  Gat.  Vou  are  aerusnt  of  it. 

Anilh.  I  desire  proul'  may  be  luadc  agwnst 

Alt.  GtH.  That  will  be  ilone. 

X.  C  J.  I.uak  you,  we  will  not  inemupi 
the  trial  with  it.  Mr.  Huilth  must  be  lakai 
tiitii  sate  custody,  indy  to  secure  him  liH  we 
can  examine  it,  nut  as  charged  with  any  crioir, 
but  onlv  thftt  he  may  be  fortlicoiuing  lu  be  eS* 

Alt.  Ort.  You  do  not  make  a  direct  u- 
sw«r,  Mr.  Smith,  in  th«  case,  it  will  be  prottd 
upon  yuu- 

Snalk.  Mr.  Attorney,  I  know  not  what  n- 
swrr  to  make  better  tlian  I  have  giirn ;  <ra 
law  says  no  man  is  boiuid  to  accuse  himiriC 

All.  Gen.  But  our  law  says,  y*iu  nhall  Ic 
evamioed. 

Simlh.  1  cotne  to  give  no  infiirmation*  bciti 
Mr.  Atlomey ;  if  I  did  I  ahouM  be  Iha  (xa- 

Alt.  Gen.  Ilereai 


J..  C.  J.  Mr.  Attoniey,  you  will  take  •  n- 
cngnizanceof  Mr.  Smith,  to  lie  Ibrlh-cnaiiBf 
daring  this  sfflaioiu, 

Smith.  I  will  not  depart,  my  lord.  I  assort 
you  ;  and  1  hope  Hr.  Atiumey  will  take  mj 

Alt.  Gen.  Indi?cd  I  will  not,  Mr.  Simlh, 
because  you  have  broken  il  wiih  me  almdy; 
when  I  gnre  you  leave  to  go  to  the  urison,  I 
did  not  think  you  would  have  abused  thai  kisi* 
DCHB,  lo  givchira  papers. 

1,.  C.  J.  Well,  take  his  recognisance. 

Smilh.  )l  ishigli  time  to  have  a  om,  vbca 
our  Uvcs  and  rslatre,  and  all  are  beset  hew, 

I,.  C.J.  What  do  you  meaa  by  thdl,  He- 
Smith? 

Smith.  I  said  it  not,  meaning  by  il  the  CmA 
for  1  dedare  I  ablinr  that  rvpresiion  to  best 
inleqn-eted,  that  I  rellecteid  upon  the  Court 

J..  C.  J.  IVhv  do  you  use  such  knoe  «■■ 
prcssions  ihcn,  Mr.  Smith  ? 

fynit/i.  Ueeiiiise  I  ha*ebeen  tbrMteocdiiaV 
I  came  tn  town,  though  I  have  not  spohalM 
word  in  any  public  compsny  since  I  nme.  '^ 

ixat.  Jaari.  Il  seems  you  will  refl«e(  hM 
till-  fan' uf  the  Court,  and  in  the  IJukal^ 
i-oitnlry,  upon  the  government,  upon  tha) 
lic«  of  the  kiogdom. 

Smith.  No,  my  lonl,  I  have  loU  y     " 
mMBt  by  it  i  1  ni    ~ 


I  neiUKr  reflertot  agt. 


4S51 


STATE  TRIALS,  33  Charles  II.  l681.^/or  irigh  Ireason. 


[5S6 


\ 


Court,  nor  upon  the  gOTcminent,  nor  upon  the 
jnNticp  of  the  kingdom. 

L.  C,  J.  You  shouhl  have  don«»  well  to  hai  e 
r'orborn  siich  expressions  as  those  were. 

Co//.  Shall  1  not  have  the  use  of  my  papn-s, 
HI y  km! :  will  you  not  please  to  dehver  them 
lark  to  me  now  you  have  perused  them  ? 

Just.  Jones.  One  of  them  is  u  speech,  and  a 
must  seditious  libellous  speech,  to  spit  venuin 
upon  the  government  in  the  face  of  the  country. 
\V  c  cannot  tell  who  made  it,  but  it  seems  to 
he  beyond  your  capacity  ;  and  therefore  ue 
must  enquire  into  it :  but  we  do  not  tliink 
In  to  let  you  have  the  use  of  that  paper. 

L.  C.  J.  Fortliat  which  contains  the  names 

of  the  witnesses,  that  ^-ou  have  again  :  for  the 

other  matters,  the  instnictions  in  ]K>int  of  law, 

if  Uiey  bad  been  written  in  the  iiKt  person,  ui 

vour  own  name,  that  we  might  believe  it  was 

V«ur  writinijp,  it  would  have  been  sometliing ; 

bol  when  it  b  written  in  the  second  person,  you 

4ould  do  so  and  so,  by  which  it  apm.*ars  to  be 

vntUA  by  another  person,  it  is  an  ill  pnreilent 

to  permit  such  things ;  that  were  to  i^vc  you 

cooud  in  an  indirect  way,  which  the  Taw  gives 

ymi  not  directly. 

CoU.  If  1  am  ignorant  what  questions  to  ask 
•f  ike  witnesses,  shiUI  not  my  fiiends  help  nie, 

L  C.  J.  We  will  sift  out  the  truth  as  well  as 
we  on,  you  need  not  fear  it. 

VUi,  Home  of  those  thmgs  I  took  out  of  tlic 
kidksmyscif :  and  if  you  are  resolved  to  take 
way  all  my  heljM,  I  cannot  help  it ;  I  know 
M  tbat  Mr.  Knuth  HTote  one  of  those  papers. 

An  Gen.  But  Mr.  8mith  would  have  given 
fcsr  fpunnMy  it  seems,  as  a  bribe,  to  the  gaoler, 
«4  be  offervd  four  more  to  let  him  have  tlie 
ftoty  to  come  to  him. 

Hnj.  JciF.  it  is  time  indeed  for  Mr.  Smith  to 
ktaacare. 

Keeper.  It  was  Mr.  Starkey  that  offered  me 
Ae four  guineas. 

Att,  Uen.  Pray  call  Mr.  Henry  Starkey. 
(Bat  be  did  not  appear) 

Then  the  Court  took  a  recogiji74mce  of  100/. 
rfMr.  Hmilh  to  attend  the  Court  during  the 


Co//.  IVay,  my  lord,  let  me  have  my  papers 
^difcred  to  lue,  1  cannot  make  my' defence 

L  C.  J.  "^Vc  are  your  counsel  in  matter  of 
fctt,  and  to  give  you  your  |iapcrs  were  to 
•sign  you  csouusel  against  law,  they  beiug  not 
jm  oim  papers,  but  coming  from  a  third 

Cotf.  Will  you  please  to  pwe  me  the  paper 
ibl  has  tbe  questions  in  it,  to  ask  tlic  wit- 

LC^J,  There  arc  no  papers  with  any  par- 
lions  to  any  one  witness,  but  only 
how  to  carry  yourself  in  this  case. 

CM.  A  mat  deal  of  it  is  my  own,  my  lord. 

L  C.  J.Mr.  Attoniey,  truiy  I  think,  that 

'^^  ^  ilun  matter  of  scandal,  may 

giren  to  tho  prisoner* 


Coll.  My  lord,  I  desire  I  may  have  tliat, 
that  has  in  the  mai^in  of  it,  the  cases  of  LiU 
bunioand  Stafford. 

Just.  Jones.  You  shall  not  have  the  instruc- 
tions to  scandali/e  the  government,  nil  that  is 
necessary  for  your  defence,  you  shall  have. 

L.  C.  J.  If  he  had  writ  it  himself  I  cannot 
well  see  how  j-on  could  take  it  fntui  him ;  and 
truly  as  it  is,  i  had  rather  let  him  have  too 
much  than  too  little. 

Co//.  31  y  loni,  I  thoug!)t  I  inin^ht  have  had 
coimsel  to  nave  assisted  me,  but  li'  I  may  have 
counsel  neither  haforc  u*.y  plea  nor  at)er,  I  that 
am  an  igno*^nt  may  bo  lost  by  it,  but  cannot 
help  it. 

L.  C.  J.  If  matter  of  law  arise,  you  shalL 
have  counsel  to  it. 

Coil.  I  know  not  but  it  might  have  admitted 
of  an  an;uuicnt,  that  which,  if  I  had  hatl  my 
(mpers,  I  should  have  oflwred  to  you. 

L.  C.  J.  Mr.  Colledgo,  we  sliall  not  go  any 
farther  now,  I  know  not  how  many  witnesses 
will  be  produced  either  of  one  side  or  another, 
but  it  is  too  late  to  go  on  tin's  morning,  and  be- 
cause we  attend  here  only  U|K>n  tbis  occasion^ 
we  shall  go  on  witli  the  trial  at  two  o'clock  in 
the  aficnioon. 

Coll.  My  lorjl,  will  you  be  pkased  to  or- 
der the  papers  for  me  to  peruse  in  the  mean- 
time. 

L.  C.  J.  Wc  have  ordered  that  you  shall 
have  a  transcript  of  the  pa})er  of  instructions, 
braving  out  that  which  is  sca'^Udous. 

Co!!.  I  desire  I  may  have  a  copy  of  the 
whole. 

Just.  Jours.  No,  we  do  not  think  fit  to  do 
that. 

Coll.  Pray  let  ine  know  which  you  do  ex- 
cept against.  * 

L.  C.  J.  liOok  you,  1^1  r.  Attorney,  I  think 
we  may  lot  hiin  ha\e  a  copy  of  the  whole. 

Alt.  Otn.  3Iy  lord, lieforc  you  rist*,  1  desire 
you  would  be  pleased  to  take"  the  examination 
of  Mr.  fiivgory  about  Mr.  Starkey. 

L,  C.  J.  Sweai'  liim.    (^Vhich  ^vas  done  ) 

Alt.  iitn.  What  do  yoh  know  concemiiig 
Mr.  Starkey,  and  what  did  he  otler  you? 

Gregon/.  When  they  came  by  your  lord- 
ship's |M.'ruiiMsiou  to  Mr.  Colledge,  they 
brought  some,  pu^urrs  which  they  deUiered  to 
him :  and  athTURrds  Mr.  Scirkey  took  me  aside, 
nnd  told  mr,  it  was  hard  usugi*  that  the  prisoner 
could  not  ha\e  his  counsel  |)enuitted  to  come  to 
him  :  do  him  what  favour  you  can,  and  I  shall 
not  In'  ungrateful  ;  so  he  clapped  four  guineas 
in  my  hand,  but  J  immcf  liately  kiid  them  down 
upon  tlie  talde,  and  would  not  take  them. 

Att.  Gvn.  My  lortl,  I  desire  you  woul4 
plr-iise  to  send  for  Mr.  S;arke^'. 

L.  C  /.  liCthim  be  sent  for. 

CI.  iffCr.  You  must  go  and  take  np  Mr. 
Starkey. 

Mesunger.  Alust  I  keep  him  in  custody  ?  I 
do  not  know  him. 

CI.  ofCr.  No,  you  must  order  hiin  from  tho 
Court  to  attend  here. 

Just  JoiiM.  These  papers  CoUedge  shall  not 


587]      STATlil  TiUALS,  33  Cq aules  II.  l£dl .— TV^iW  of  Siepkem  CMidge, 

he  debarred  of  for  his  defence,  nor  you,  Mr. 
Attorucy,  from  prosecuting'  upon  diem. 

L.  C.  J.  No,  we  will  put  them  into  such 
hands  as  shall  inkc  care  of  that. 

Coll,  Very  few,  my  lord,  have  appeared. to 
do  me  any  kindness,  some  have  been  trisrhtened 
and  imnrisoried,  others  are  nnw  in  trouble  for  it. 

L.  C.  J.  Well,  you  shall  have  tlic  use  of 
^our  papers. 

Coll.  "May  I  have  any  friends  come  to  see 
me  in  the  mean  time  ? 

L.  C,  J.  Tliey  must  not  come  to  you  hi  the 
prison,  to  <;>ivt:  you  odviee  ;  but  I  will  tell 
you,  since  you  move  it,  if  uiy  brotlicrs  think 
it  convenient,  whilst  the  Court  does  withdraw, 
any  ho<ly  of  your  friends  may  come  to  you,  in 
the  presence  uf  yoiu:  kitrper. ' 

Just.  Jones,  Certaiiilv  von  cannot  think  von 
can  give  a  privilesfe  to  au}'  friends  of  y4»ur's,  to 
commit  any  inisfhineauoi*  to  otler  bribes  to  any 
person. — Coll.  I  know  not  of  any  sudi  thin*^. 

Just.  Jo.m.  >Ve<lo  not  cljarj^c  you  with  it, 
but  Mr.  Star  key  did. 

Coll.  I  have  been  kept  a  strict  close  prisoner, 
and  if  my  friends  are  so  kind  to  me,  as  to  help 
me  in  order  to  my  defence,  I  hope  you  will  not 
be  against  it.  I^ay,  my  lord,  let  me  have  my 
papers. 

X..  C.  /.  Von  shall  have  them,  but  they 
shall  be  put  into  such  hands  as  tiie  Tonrt  may 
have  command  over ;  they  shall  l>o  in  the 
Sheriff's  mm's  hands,  and  you  shall  ha\e  the 
immediate  use  of  them. 

Coll.  !f  there  l>e  anv  thinj;  else  in  those 
pnpers  ii«  ccasur^  lor  my  dt'ii.:u'o,  1  piay  i  ni:i^ 
have  it. 

]j.  ('.  J.  'l'heS|Kri]i  is  not  lit  for  you  ;  wlial 
oilier jiiipcrs  would  you  \\\i\v  / 

Cit.'l.  Aiioiiior  |>;iptr  ihnv  i:i,  lliat  is  suine- 
thini^  of  inw. 

Just.  .Inurt.  Xolhiou:  but  lilw'llous,  and  whiit 
is  a  scandal  to  tlu!  i^ovt  riiini  .it. 

jUf.  (/rn.  You  are  to  li  jM'  n'»lliiiuj  of  mat- 
ter of  biw,  but  u  lial  \  ou  are  to  propos<^  y  ourM^lf. 

Cu!\  If  you  tal:e  away  all  my  hdps,  I  can- 
n()t  propo>.*  i»?>v  thiiij*". 

Si^rj.  J(ff'.  Ti»  albiw  yoii  those  papers,  is  to 
allow  vo'i  counsel  by  a  side  \und. 

L.  V.  J.  l/»ok  you,  the  paiMTS  of  instruc- 
tions sh:dl  bedcli\(ridto  the  SlieriWs  son,  who 


tions 

shall  let  you  jmtijsc  it  in  this  interval,  and  make 
use  of  it  in  \our  trial ;  but  it  must  l>e  in  safe 
custody  to  be  used  upon  further  occasion,  as 
tbe  kinii's  attorney  shall  think  lit. 

Then  tlie  C  ourt  adjourned  till  two  in  the 
nfternoon:  \%hen  the  Court  n  turned,  and  J*ro- 
eianiation  wis  made  tor  attendance,  and  for  the 
under  slRri^f  to  return  his  jury. 

Coll.  My  lord,  ought  not  I  to  have  a  copy  of 
this  j.iry  i' 

L.  C.  J.  No.  *    They  arc  to  look  ui>on  you 

♦Chief  Justiee  I'cn-.berton  said  in  lordllus- 
fters  Case,  it  was  never  denie<l  in  cui^of  life, 
that  he  knew  ot^  it  was  allowed  to  count  Co- 
MDpuuurk.    Sec  the  'riiuls,  ittj'iu. 


as  they  come  to  be  sworn,  and  then  you 
challenge  them. 

CI.  of  Cr.  Stephen  Colledgc,  hold  i 
ham  I,  and  hearken  to  t!ic  court ;  thost 
men  ^hat  you  shall  hear  called,  uud  |>er! 
apjicar,  are  to  j^ass,  &(% 

Coll,  Pray  sur,  let  the  way  be  dear, 
may  sue  them. 

("v.  tf  Cr.    Ay,  ay. 

Coll.  Pray  sir,  how  many  arc  there 
jury  ihat  appear? 

Alt.  Gen.  Tlicre  are  enoug[h. 

Cl.ofCr.  Make  proelamalion  for  in 
tion,  (which  was  flone.) 

CI.  of  Cr.  Henry  StaudanI,  iib 
sworn.  Richard  CroLc;,  \^ho  was  cha! 
by   tbe  prisoner.    William  Bigf^,  cliall 

Just.  Jonci.  Do  you  cliolleugc  him  pi 
torily,  or  with  cause  ? 

L.  C.  J.  If  he  do  not  shew  cause,  it  o 
supposed  it  is  peremptoiy. 

Coll.  I  sui»pos(i  he  was  upon  tbe  ( 
Jury. 

L.  C.  'J.  That  would  be  a  chaUeng 
cause. 

Mr.  Blue:.  \o,  I  was  not. 

Coll.  Then  I  tlo  not  challciig'e  him  ; 
him  not.     (FTc  vi'as  sworii.) 

CI.  of'  Cr.  Thomas  Marsh  challengtt 
mas  .Man in  did   not  appear,   Uabriel 
iH.'inj;'  almost  100  vears  of  atre,  was  «•: 
Robert  Bird,  John 'Shorter,  VViiliam  \\ 
sworn,    Edwai'd  Ay  res,  William   Ayn 
llithard    Ayres,  challeiiiicd,   Charlt's 
.  l{(»i»"er  ijrotvn,  '^I'iiJicll'.^   i>i>\le\,  sworn 
I  :uvl  j);il'on   (hallviiiii-.l,   Ua!;>h   \N  alii^ 
!  John  Nasli  fha»leii«.t«l,   JoUn    Ihn^on 
'  John  f*ii'rr_\    sv.o.ii,  W  Il/iuiu  W  tb  dial 

•  aiii]  John  l.av. i.iuv  sv. -..rn. 
}      Tlio\  '.u IV  fou.Mtd,  avil  ilicir  n.nnrs 

•  lliiis,  liciiry  S'.aiulaiil,  A\  i'.li.iiu  illi:"^, 
I  r.ifl,  .lohn  Siidiiir,  »  illlaui  AN'iiulIou,  < 
,  l-i«fil»s,     Ko'^rr     Urowiir,    Timothy     I 

Itaipii   \\  allis,   Jolji)    liCiiMiU,    Jolm 
John  J.awniiro. 

L.  C.  J.  .Mr.  ?*!u  ritr,  tbrre  are  a  ;i^.-a 
of  the  jury  that  ar.*  not  sworn,  iliev  ; 
(;har;^e<l,  Ut  tliv»i!i  y;o  out  of  the  court, 
yon  will  niakr  r(H)iM  frr  tin-  witiK  sses. 

CL  of  Cr.  (jtrutkniiii,  \ouof  the  jiii 
upon  tne  prisons.-,  and  hearken  to  his  < 
f!e  stands  imlirtcd  |.y  tin-  iiaine  uf  JJ 
I  Collcd|,^e,  late  of  Ovfonl,  iu  the  rounty 
!  ford,  car|»enU.T  ;  for  tiiat  he  as  a  false 
4  \e.  proi't  in  tlio  ludictrociit  tmifnth  mi 
I  and  upon  this  inJictuniil  he  haih  b^vnu 
;  ed,  \e. 

'       Mr.   N'irtli.  May  it  pUa -ie  y<mr  lonUl 
I  y»ni  pjentlcmen,  that  arc  sworn,   this  i.- 
j  dietnuMit  a^rainst  ^tejdu'U  ('<»lU<li»'i,tlie  ] 
I  at  the  bar,   tor  an   eniUavoiir  to  raise  : 
'  lion  w  ithin  this  kiii<rdoin,  w  herrin  he  is  a 
and  the  jury  lind  tbat    he    as   a    talse 
a'4tihij;t  the   kind's  maj.'sty,  euutrary 
'  ilutv  of  his  allei>^ance,  on  the   loth  ot 
in  llie  ;;:ird  year  of  the  kin;; *s   reii^u,  i 
here  did  traiterously  con^pii-e,  aad  cooi 


STATE  TRIALS,  33  Ciiarlks  II.  168I.— /i^r  Itigh  Tteason.  [590 

£.  r.  J.  I  will  do  you  nil  the  rijvlit  iinai^. 
nabic,  and  therefore  1  ilo  t<-Jl  you  av(uiii,  irUie? 
do  not  prove  it,  ui!  be  says  is  uothiugf. 

CoU,  But  i  l>cseeclj  yoii,  my  loni,  since 
there  hatli  bt'en  such  extiTionLiiiary  means  aiul 
methods  used  to  contrive  my  death,  that  the 
witnerfsoH  may  Imj  examined  apart,  and  far  Irom 
the  hearing  ot*  one  nnotiuT. 

L.  C.  J.  That  u'e  w  ill  take  carp  of  by  and  liy. 

Alt.  Gai.  Mr,  Collwl^a*,  this  shews  your 
temper,  you  are  incrdiiiate  in  your  way  ot  cx- 
pressin*^  yourself. 

ColL  >ir.  Attorm^y,  I  should  not  interrupt 
you,  if  1  were  nut  ah'aid  this  \vas.s|ioken  to  prt- 
possess  the  jury. 

uitt.  Gen,  Thojic  to  prove  what  I  have  said^ 
or  every  word  of  it  shall  pans  lor  nothing. 

ColL  It  is  impossible  for  all  the  men  on  earth 
to  prove  it. 

Ait.  (Jen.  (icntlcmcn,  these  were  the  |mr- 
tionlars  1  was  ojx'nim^'  to  you,  in  i^lmt  man- 
ner he  was  arnuHl,  and  how  accoutred  he  canic 
hither.  We  shall  likewise  shew  you  that  he 
miuU*  it  his  business  to  persuaile  others  to  under- 
take the  desi{;u,  and  j<»in  wiUi  him,  as  if  open 
war  was  already  declared  ;  he  gave  out  a  sijn, 
which  was  a  blue  riblwri,  a  wrougfht  ribbon 
with  letters  in  it,  and  this  was  the  inaik  and  sign 
tliey  were  to  know  one  another  by.  Tliis  was 
given  out  by  him  frecpiently ;  and  that  it  may  not 
seem  an  extraordinary  thing,  gentlemen,  though 
indeed  it  wb^  a  wild  attenqyt,  yet  you  will  cease 
to  wonder  wiicn  you  have  heani  of  theex|)loitt 
of  Venner,  who  with  a  few  men  raised  sucli  % 
commotion,  soon  alter  the  king's  coming  in> 
and  the  several  exploits  that  have  of  late  in 
Mc<itland  been  rnrried  on  by  a  few  discontented 
persons.  So  that  men  of  the  like  principles,  as 
weshall  give  you  an  aerotmt  of  this  gentleman's 
principles  what  they  were,  may  well'  be  thouglit 
to  engage  in  sucli  an  extraonlinar}'  exploit. 
And  we  shall  pr^jve  whatthe  eiicounigi>ment  was 
he  was  to  hu\  e ;  for  he  boasteil  of  himself, 
that  he  should  Ih^  in  a  liitle  time  a  colonel. 

C<)//.  >\  hat,  sir  ? 

An,  Gen,  A  colonel,  a  great  preferment  fbr 
a  joiner. 

Cot'i,  Yes,  it  wits  so. 

Att,  Gen.  We  shall  >hvvr  to  yon  that  this 
was  n<it  %  sudden  unprerneiritated  thing  ;  for 
we  shall  prove  that  he  hud  entcilained  the  hor- 
ridest  malice  a^nst  the  king,  tliat  ever  sub- 
ject entertained  agaiiLst  his  sovereign  :  For  M'e 
shall  give  this  evidence, 'and  bis  front  will  not 
o|ipose  it,  that  he  had  made  it  his  common  dis- 
course in  coflce  houses,  and  puhHr-houses, 
(and  i  believe  I  could  bring  you  4Uaiid  40  wlt- 
ni-sses  to  it)  to  deiame  the*  king  and  nmnler 
him  in  his  reputation,  and  was  one  of  the  ac- 
complices with  Fitzliarris,  who  was  lately  exe- 
entiil  for  that  venomous  Libel :  We  shall  prove 
that  he  justified  it,  and  maiinained  it  to  be  as 
true  as  the  gos]iel.  We  shall  give  eviilnice 
that  he  can-iwl  on  tlie  same  design  with  tliat 
arch  traitor  who  was  a|»apist;  and  1  belieie 
if  this  gentleman  were  examined  thoroughly, 
he  would  be  found  to  be  one  of  the  saidc  stamp 


the  king,  and  the  sub\  ersion  of  the 
leut,  and  to  raise  a  rel»ellion  in  the 
I,  and  to  slaughter  his  maji^iy's  sub- 
put  the  king  to  doath,  to  levy  war 
mm,  and  to  dqtrive  him  of  his  royal 
I  guterunient,  and  to  alter  the  i^oveni- 
h^s own  will  and  pleasure;  aiul  to ac- 
I  ibis,  he  did  al  Oxon  here  |>ropai'e 
tln.^  carrvini;  on  the  war,  and  exeiteil 
.ard  Tarbenilc  and  othei-s,  t(^  arm 
'V<  aipiinst  the  accomjdishment  of  this 
iiul  did  declare  his  pnriK>He  was  to  seize 
's  person  at  Oxon,  and  that  he  was  one 
■  thai  M';is  to  do  it;  and  to  bring  the 
bei  vile  and  oth«T  subjects  to  his  pur- 
l  falsely,  maliciouslv  and  traiterouslv 
PI  their  heann*^,  That  there  was  no  good 
mooted  rix>m  the  king,  that  he  mindi*d 
but  the  destnu'tion  of  his  peojdo,  and 
,■  government,  and  to  intnNhiee  poi>ery. 
;  is  laid  to  In*  again^ftthe  duty  of  his  al- 
',  nguhist  the  kin^*s  p;>ace,  and  against 
I  ol  the  statutes  in  those  eases  made  and  | 
I.  The  prisoniT,  you  hear,  upon  his 
iient  hath  pleaded  Not  (.'uilty,  which 
M  are  ti>  try*  and  it*  the  eiidcnec  for  the 
hieh  are  renilv  to  he  ]»rodueed,  prove 
eh  is  laitfto  hts  charge,  you  are  to  find 
lingly. 

(jrn.  May  it  please  3'our  lordship,  and 
rJemen  of  the  jurj'  ;  the  prisoner  at  the 
ds  indictetl  of  a  verv   hijjh  crime,  no 
1   High -Treason,  and  that  too  of  the 
dye  ;  it  is  for  an  endeavour. to  destroy 
7,  to  subvert  the  govemmcnit,  to    raise 
ion  atiK)ng  the  king's  subjects.     And, 
irti,  these  instances  that  we  shall  give 
i  produce  our  evidence  to,  for  the  proof 
are  the^e :  He  laid  his  design  to  stnzc 
r  at  Oxoii  ;  and   he  did  not  want  his 
lices  to  do  it ;  but  they  were  not  men, 
len,  that  Wire  protestants,  but  men  that 
»els  in  the  late  war,  they  were  men  of 
%idney,  that  he  a?;s«)crated  himself  with, 
•?e  nxTe  the  |)ersoiis  that  were  to  assist 
kfteinpt.     In    order  to  this  he  had  pre- 
■ms  in  an  extraordinary  manner,  arms  of 
value,  for  one  of  his  condition,  who  is 
?  a  joiner  ;  fur  if  a  true  estimate  were 
I  the  value  of  the  arms,  1  believe  they 
nth  twice  his  whole  estate ;  he  preparcnl  j 
Itorsc,  cxtraonlinary  pistols,  a  caibine, 
f  mail,  an  head  piece  ;  and  so  being 
rap-a-pcc,    with  that  design  he  came 
vOxnn.     And  you  will  judge  whether 
fH  tools  for  a  JTHnrr. 
I  besocfh  you,  sir,  have  you  any  Innly 
r  this  ?  If  you  have  not,  ^ou  do  hurt  to 
'  ts  wA\  as'^mc,  to  s|)cak  it. 
.  /.  Be  patient,  Mr.  Collalge,  and  let 
■ney  go  on  to  op<*n  the  charge.     1  will 
Mrf  tbcjiny  too,  that  what  he  says 
Ihui  he  wakes  good  by  proof  and  wit- 
vBt'smrefor  nothing. 
H  is  hard  tlic  counsel  should  plead 
%ii^i»d  opsii  tbing*  that  he  cannot 


% 


\)  STATE  TRIALS,  33CHABtE»lT. 
and  arrli^d  by  tlic  sLiiie  princrple;  for  I  lliiiik 
that  rid  PnUcsUuitfubjort  Huuld  alteniiit  nudt 
IhingB  as  wo  shdl  ym%e  to  ymi,  I  be- 
lieve, Ociitlcaim,  ^oa  luire  frnjuvntly  lu«nl 
a*  Qonc  at'  lu  l>ul  have,  ilau  thf,  kiufj: 
hoc  Wii  traduced  as  a  dexigtwr  of  nriit- 
trary^ierniiirni,  ami  hw  rFputatiim  bbuli-d 
iualicioiiHly  and  fikly,  aa  an  iutroJiKvr  vf  po~ 
|icry :  W  liciicv  uumei  nil  thU  genernllv  hut  uiir 
of  tiiepopuili()ui<er  ;  who  make  it  incir  bu- 
MUM*  to  iwt  i)i«  Icio^K  gnoiJ  MibjcctH  at  turuuint 
amonvsl  themselves,  aitil  a^rguist  ibcir  priiicr, 
by  altlii^  tbe  kiua;  a  imjiist,  as  tliis  prisaacr 
liallidomi  nay,  DC  hatbbLtn  M>  iin|>iiilnil  lu 
to  ttport  that  the  kio^ivas  m  tbe  (ilut  agaiail 
buownliffi.  We  shall  tirnveiuyouihnn  htre 
and  at  utlur  plaices  he  hntli  fiu|ii«ntly  done 
tluK  {  togoflIrtbt^r,  we  shall  produtii  to  yui 
llw  eridciice  iliiii  he  drew  the  kiiijf'ii  [iiL-liirv, 
ud  eiLpwed  him  iu  all  ilie  ivpruacbt'ul  charac- 
ters ima^nablt-,  and  tbatihe  picture  might  be 
the  belter  understood,  he  adds  a  ballad  t 
Mod  that  he  may  not  have  the  conlidence  t 
thia  is  not  true,  we  diaU  [iriMluce  to  y 
whole  hundlv  of  lbe»i>  |)a[iers,  anioni;;  those 
which  bia  son  made  a  discovery  of,  when  tbey 
wcTeseotlo  bis  uncle  loUi  liiJ,   aad   we 


ua  mod  SI 
by  all  ways 


a  »y  he 
sulijecl,  aod  a  good  Protegtaut,  when 
11  ways  imagiuohle  he  goet  about 
Itw  eorernmciit  and  delatne  the  kbi, 
genuemcn,  when  ve  have  given  this  account 
by  witnesses,  lor  I  would  have  yirn  believe  me 
ianotliing,  butaccordingas  I  prove  it,  you  nill 
nut  wonder  then  that  he  bhould  say  his  lili;  was 
in  dao^fer,  (for  so  it  is  indeed !)  And  if  any  nian 
aver  was  guilty  ol'  Hig-h- treason,  Kiirc  he  is, 
•nd  being' guilty  of  the  greatest  Ireasun,  he  de- 
serves the  greatent  punishmt^t. 

Coll.  I'ray,  gcnderoen  of  ihejury,  taku  Mr. 
Attorney  General  at  his  word,  und  remember, 
air,  you  Aes'ire  not  to  be  believed  yuurself,  but 
what  you  prove. 

Betj.  Holloa'ay,  May  it  pleiue  your  lordship, 
and  gentlemen,  pumianl  to  what  Mr.  Attorney 
hatb  opened,  we  will  call  our  wituesses.  and 
we  will  begin  with  Mr.  Uugdalc,  who  was  a 
triUMM- apiast  my  lord  Htatford,  at  his  trial 
in  parEoineiit,  whose  credit  Mr.  CnUedee  did 
attest  at  that  triul,  asserting  him  to  be  an  tione!>-t 
g«ud  man,  and  I  believe  his  n  idence  will  go  in 
a  good  measuru  tbruugli  uU  thai  illr.  Attorary 
balb  opened,  and  when  we  haie  ilone  withiiiiii 
we  hope  lo  second  him  with  other  wituessen 
of  as  good  credit,  and  that  will  say  at  much  to 
Ibe  piu-jiose. 

Then  Mr.  Dugdalc  was  sworn. 

All.  Gen.  Mr.  Diigdale,  look  upon  the  pri- 
■oner,  and  tell  the  court  whether  yuu  know  him. 

Dugdale.  Veil,  1  do  know  him, dr. 

Alt.  iita.  n  ill  toil  give  lu  au  aceuunt  ol 
yo«n-kiiowledi.T  wiili  liim. 

Cull.  Mv  lord,  1  liunililv  desire  tliey  maybe 
enininKd  s-parl,  and  not  m  the  bearing  ot  one 


Ail.  Gen.  That,  with  xubml'«sioD.o<ii[ht  not 
ill  be  in  the  kind's  case,  (bout^  we  ilunE.  than 
axv  none  of  tbem  that  will  sueiik  any  nivn  ih*u 
llie  Itirtb. 

Coll.  Htre  are  several  of  thetn,  my  lord, 
tbey  are  all  of  a  gnng. 

>^'^'  Jc^'rrift.  Not  of  your  gang.  Mr.  Col- 
ledire. 

{.oil.  I  pray   llwy  may   go  «'■*     —   ' — * 


(whicli  WHS  onlertxl  arcordingly.t 
litiKdtilt.  If  yuur  lotilsliips  piente, ' 


.h<^>ei 


S. 


may  il«h*rr  ir 

Atl.  GtH.  lly  and  by,  time  enough,  ivbm 
we  ask  lor  them  ?  Kpeak  your  nwn  knowtedgv. 

Hug.  My  lard,  I  havebeen,  I  think,t«)UBiiited 
whh  Mr.  Colledge  tiro  yeare  or  ibereaboutt.  1 
liavebcen  terow  times  in  Mr.  Colledg«'a  uon- 
piuiy,  and  truly  somelitnea  be  hatb  bein  tnigfa- 
tily  bent  agaiaM  pojiery  ;  be  bath  at  soum- 
times  uttered  lumsetli  becaiuiH  the  king  did  oM 
prosecute  the  pafNsts  act^rding  as  be  tiuniKht 
siillicieDtly,  that  the  king  was  a  papist  htn> 
ftoV,  that  be  was  as  deep  in  the  plot  ai 
pistof  iheiu  all.  tliat  be  had  an  hand  i 
mundbury  Godfrey's  death.  TbU  Mr. 
1  appeal  to  yourself,  whether  you  liave  Mt 
said  tt :  And  ui  this  town  of  Oxford  y<ni  hare 
several  times  told  me,  thatiuiihing  was  lu  be 
expected  ftorn  him,  he  nouU  do  nolliing. 

Just.  Laiim.  tVho  did  tell  \ousu? 

Dag.  Mr.  Colkstgo  did  tell  me,  that  llw« 
was  nothing  to  be  expected  from  the  king  hit 
llie  introducing  of  popery  and  aihitmry  oo- 
vemment;  Ous  1  believe  Mr.  roUrdgv  hIII 
acknowleilge  to  be  true. 

Coll.  Wiere  was  this  spoken  ? 

Dag.  This  was  spoken  at  a  coffre-hoair 
railed  Combe's  Cofiec-House  in  thk  town,  and 
at  the  Angel-lun  in  this  town  iLt  a  borber't 
shop;  that  day  the  kinij  went  out  of  tuwu,  we 
were  in  the  sanie  shop. 

Coll.  Who  was  there  besides? 

Seq.  Jeff.  Do  nut  interrupt  our  witnesses.  Irt 
us  have  dotie  with  him,  and  you  shall  haie 
your  time  lo  ask  him  ijuestiuos  after. 

L.C.J.  For  your  instruction  I  willteOyo^ 
your  time  is  not  yet  come,  if  you  chop  in  and 
mtemipt  tlie  witnesses,  you  will  disturb  any 
man  litingi  but  your  way  is  this,  when  or 
hath  deliiered  his  testijuony,  ask  him  uy 
questions  then  ;  and  he  shall  be  buund  to  an- 
swer you,  aod  in  the  rueuu  lime  you  shall 
have  pen,  ink  and  paper,  to  help  your  mauoiy. 

Dug.  That  day  the  king  went  out  of  to«i, 
presently  alter  lie  went,  you  ami  I  wi-ut  ism 
the  Angel-Inn ;  and  we  ivent  into  the  barks't 
shop  thai  is  Just  within  tlie  inn,  and  brlBf 
charging  your  pistols  there,  you  said  Itowlf 
was  gone,  the  rogue  w  as  afruid  of  biuiseU',  W 
was  shirked  awaj ,  and  here  1  appeal  lo  jsn) 
own  (.-onscieuce,  whetlier  juu  did  not  spiafc 
at  it. 

ColL   I  knnw  nothing  of  it. 

Ail,  Gc«.  l>ou't   ug'pcnl   1 
ihlufrliirthal, 

&d.Ci:i,.  WbottidbemMabvBowln'J 

1J»S.  The  king. 


il  islM 


I 


A95]  STATE  TRIALS,  38  Chables  It.  iGSl.-^far  High  Trtaton.  [504 

Serj.  HoUotHif,  Was  that  his  common  ap- 
prlhuion  for  the  king? 

J^ug,  It  was  his  common  word  coiireruing' 
the  king.  And  at  other  times  speakin<v  t!iat 
:he  king  did  not  do  those  thinirs  tliat  were  fair, 
he  hath  iri^en  mi^ty  (errcat  iivords  a4;'ainst 
him :  He  hath  told  nic,  that  there  was  no  trust 
to  be  put  in  him ;  fur  it  \v;is  tlie  pcK>ple  wc 
mnst  trust  tn,  and  we  must  look  to  arm  our- 
aehei,  and  that  he  would  arm  himself,  and  be 
here  ai  Ozfonl ;  and  lie  told  me  here  in  the 
town  accordingly  when  I  came  out  of  the 
country,  and  he  said  that  he  had  several  (ftont 
men  that  would  stand  b}*  him  in  it.  Their  in- 
tention was,  as  he  said^  fur  t!ie  rooting  out  of 


popery,  by  which  name  he  always  termed  the 

cfaurcb  that  is  now  established  by*Iaw,  as  to  be 

of  the  same  nature  the  papists  were.   This  1  be- 

Ge?e  Mr.  Colledge  will  acknowledge. 

Ait.  Gen,  Well,  go  on,  Sir. 

Dttg.   And  at  a  time  when  he  had   Dr. 

TMiinie  at  his  house,  he  told  me,  that  as  for 

Dr.  Tongue,  he  had  much  ado  with  him,  and 

he  had  be^n  at  a  great  charge  to  keep  him  in 

orier,  that  he  was  forced  to  neglect  iiis  own 

bosiniBn  to  look  allcr  him  ;  for  if  he  had  not 

^OMSo,  the  rogue,  as  he  said,  had  a  mind  to 

ftag  iD  iHKm  the  Protestants,  that  iv,  the  dis- 

miai,  for  he  does  not  count  the  Church  of 

E^ghnd  to  be  to ;  that  he  had  much  ado  to 

knp  him  in  order ;  for  he  had  said  he  had 

dnwn  papers  for  that  purpose,  but  those  papers 

tn  secured,  for  where  they  are  I  can't  tell. 

Ati.  Cem.  Who  were  they  that  wore  lo  be 
with  him  in  that  design  of  his  ? 

Dug.  He  told  me,  capt.  Clinton,  eapt. 
Bmm,  and  one  Dr.  Lewes,  and  he  brought 
tkem  into  town  hero,  when  he  camo  with  him. 

An.  Gen.  To  what  purpose  did  he  bring 
tkcm. 
Bug.  Expecting  there  would  be  a  rising. 
JusL  Jones.  Diif  ho  trll  vou  that  here  f 
Dug.  Yes,  the  Friday,  1  think  it  was,  afler 
thsfint  parliament  sat. 

Just.  Jones.  How  did  he  express  himself  what 
^  bad  to  do  ? 

bug.  They  were  to  be  here,  in  case  there 
voe  aay  riaiiiig,  which  he  expected. 

Jost.  Junis.  What  use  did  lie  say  he  would 
Bikflnfthem? 

pug.  For  the  d<>f«'nre  of  the  Pi-otestant  Re- 
I|ian,  againirt  thit  kin^  nnd  all  bis  ailherunts. 

JmC  Joficf.  WliMt  di<l  he  say  he  would  do 
^  thr  kinif  ?    1  would  not  lead  you. 
Dug.  Be  did  n'»T  >ay  what  particularly. 
Jim.  Jone*.  H'hat  did   he  say,  if  the  king 
ttnot  yii'ld  to  the  pHrliamenti* 

i)v?."  If  thf*  kin«^  did  not  yit  !d  to  the  [>arlia- 
Bnt,  be  sliduid  Im:  torcc-d  to  it. 

JmiS. /imfi.  Where  did  y»u  hear  him  say 
Att? 
Dug.  At  Oxf.ird. 

^.  Uofh.u'Uf.  Did  vou  htav  him  declare 
ibuLandon?'  I 

Duf!.  He  ditl  say  at  '/"•ndon,  he  ex|)ectrN!  i 
■Mfc  woald  be  soinrihiui^f  dwun  at  Oxfuid,  and 
^  he  would  go  tiiitu«j-  wiih  his  horve  and 

ffni    VIII. 


anns,  and  those  gentlemen  I  named  bcfoiv 
would  go  with  him.  And  he;  said,  let  them 
be^'in  %ni(*n  they  would,  he  did  not  care  hoir 
soun,  his  party  was  the  greatest  party. 

Alt.  Gen.  What  was  that  capt.  Brown  ?  2>id 
you  know  him  ? 

Dtf^.  Yes,  1  knew  him  very  well ;  he  did 
much  1ref|ucnt  iMr.  Cullcdgc^s  company ;  lie 
was  in  the  lute  anny  against  the  king. 

Scrj.  Jtlf.  Did  you  sec  him  ha^o  any  pistols? 

Vuf^i  Yes,  I  have  seen  him  carry  pistols 
about  liim. 

Seij.  Jeff.  Where,  in  his  pocket? 

Dug.  I  saw  them  in  the  house. 

HcT^.Jef  At  Oxford  ?—/Jm^.  Yes. 

8er|.  llolioKay.  Did  you  sec  them  in  hia 
handP 

Dug.  I  cannot  tell  that,  he  had  them  in  th« 
house,  I  saw  them  three. 

Serj.  lloUomay.  Did  you  see  him  in  his  silk 
armour  idjout  the  Parliament- House,  the  lobby, 
or  any  place  ? — Dug.  I  cannot  say  that. 

Att.  Ocn.  What  did  you  know  of  hxa  de- 
livering any  inark^  or  signs  for  persons  to  Iw 
distinguished  hy  ? 

Dug.  1  had  as  much  ribband  from  him  aa 
came  to  401.  with  '  No  Popery,*  <  No  Slavery,^ 
wrought  in  it ;  and  he  gate  it  me  to  distri- 
bute among  my  friends  in  the  country,  that 
they  might  be  kn«jwn  by  other  persona  that 
would  wear  the  same. 

Just.  Jonct.  Whore  had  you  itf 

Jhtg.  At  London,  from  Mr.  CoUcdge. 

Just.  Jones.  Where  was  it  to  be  distributed f 

Dug.  Among  those  that  f  knew  to  bu  Dis^ 
senters  in  the  country. 

Just.  Jones.  W(>rJ  you  to  come  to  Oxford, 
by  agrcciment,  irith  Mr.  Colled^e  ? 

Dug.  1  promised  him  to  come  to  Oxford^ 
and  did  so. 

Aft.  Gtn.  Well,  go  on.  What  more  do  yoi& 
know  ? 

Dua.  At  Tjondon,  I  was  once  at  a  coffee- 
house uith  !\fr.  Colieda:c,  and  with  some  of  th» 
members  of  the  House  of  Commons  \  it  was  a 
little  before  they  mv\ ;  and  they  were  earnestly 
tilking  of  the  pHrliaiiient  at  Oxibrd,  and  of 
some  disturljance  that  was  likely  to  hapnea 
here.  And  it  was  then  fully  agreed,  aiid  Mr. 
Collc^ge  was  by,  that  it  would  lie  the  best  way, 
out  of  e\ery  country,  where  the  parliumf.'ut 
had  the  best  iutunst  in  the  {Kifiplr,  to  lca\c  one 
in  eiery  county  that  might  manage  thu people. 
This  1  a|i|M>al  to  Mr.  CdlL-tlge,  whether  it  bo 
true. 

Coll.  You  appeal  tome,  sliall  1  speak  now, 
my  UmjI  ? 

Just.  Jomn.  No,  >ou  will  remember  it  by 
and  by. 

Att.  Gen.  What  do  yon  know  of  any  pictures? 

Siii.  Gti'.  I*ray  ll-i  him  speak  that  over 
akfiiiri  whu'Ji  hr  incnuoiiid  last. 

Uufi,  Ijv'iiJtj  ill  a  coiiir-bou'^e  with  Mr.  Col- 
ltf!_:c,  ilifp'  NVrio  suuic  uf  iho  niuuUj|;;i  of  the 
iiunsir  oi'  Lonuuon^-  hv  ;  uud  s|;caLiii[;  of  a 
dibtuibanoe  tliat  «iij:ht  happen  here  at  Oxford, 
it  was  then  agreed,  thai  in  «%ery  quarter  where 


i^    STA11ETiUALS,33CHABi;ssII.15»i^.4MP^tt^tJ(lld^    p^ 

•  •  • 

Aandkaoil  had  the  moft  iolenrt  in  Ae       JDiy.   Bat  ITionM  Vkjm 
jieiqpK  tlwf  shiniU  not  aU  eome  lip,  1^ 
ranniB  liim  to  maimge  the  people. 

4it,Om.  Whatdo  you  Imoir  ofaoTpie- 
tOKsorpeperi,  hsveyooaiiy  abool  you  r  - 

Ditf.  Yee,'  I  have  one  thing  I  reoeif  ed  from 
Mr^^Mge,  tM  18,  the  LeOff  pret^^ 
InUvoeplBato  Roger  L^Eitni^^is. 

.Att.  Gcw.  Pl«y,  what  account  did  he  give 
yonefitP  Whomadeit? 


Dmg. 

duther. 

8tf|.  Jdp  ifntttw  m  la  v!nkv4iftfa  f 
I^.  I  caoBBt  tdip  k  V  ftv  hDh  tar 

fiEcnk^a 

8eg.Jfaf.  Waa niy Iw Jht Imiimi f 
/  Ditf.Tea,hewM. 
8eg.  Jlef  Nov  Ar  Ae  col.  1i» ;  dU  te 
rouuhia 


*  ^  Dag..  He  tdd  me  he  was  the  author  of  it   piintM. 


■heWyouuhiacatr 
'  Dag.    Yc%  he  toir 


kawouU  get  k 


himacBi  and  he  shewed  me  it  in  manuscript 
liefiiieitwaapruited  ;  and  he  told  me,  )ie  got 
one  Curtis,  or  his  wife,  to  print  it ;  liut  he  would 
nerer  trust  them  again,  ior  they  cheated  him 
if  some  of  the  gain.  ■ 

Jtt.  Gen.  Who  waa  tfaeauthor,  did  he  say  ? 

Dug,  Hohhnaelf. 

AU'  Gen,  Pray  produce  it.  Sir. 

IHfg.  This  and  others  Jie  ^vered  to  me  to 
•diraerse.' 

\C.J.  Vl^hat  is  it,  Hr.  Attorney  ? 

Aft,  Oeu.  It  is  a  letter,  and  a  great  part  of 
'  Fitiliarris'ft.libd  is  taken  out  |  it  seems  Col- 
ledge  waa  the  author,  and  this  u  the  original  of 
tfaefibd. 

L.CJ,  Did  he  tdl  you,  this  was  of  his  own 
making  ^— Di^.  Yes. 

Att.  Gen.  Did  he  disperse  them  to  any 
bodrdae?. 

Dug.  Ye>,  there  wasMme  given  to  one  Mr. 
Boson,  hp  had  some  at  the  same  time,  and  Mr. 
Baldwin  had  some. 

llien  the  Pajier  was  read. 

CI.  of  Cr.  First  Q.  '  Whetlicr  they  that 
*  talk'— 

Att.  Gen.  Pray  give  my  lord  an  account 
what  more  papers  and  libeb  he  ddivered  to 
yon. 

J)ttg.  I  received  ooe  like  this,  I  cannot  say 
it  was  the  same,  where  all  the  bishops  were 
changing  their  hats  for  Canlinals  caps. 

Scij.  Jeff\  Where  is  Uary  Shew,  for  it 
seem?  he  hath  expounded  the  meaning  of  that  ? 
(Then  it  was  produced.)  1  suppose  it  is  his 
own  catting  too. 

Dug.  I  heard  Mr.  Colledffe  sine  it. 

Serj.  Jeff:  ^V  here  ? 

Dug.  In  Oxfordshire,  and  in  Oxford-town, 
at  my  lord  Lovelace's  ? 

SeJj.  Jeff.  Where,  at  niv  lord  Lovelace's  ? 

Duf.  At  his  house  in  tne  country. 

Serj.  Jeff.  Who  were  in  the  company  there  ? 

Dti^.  Sir  Robert  Clayton,  su*  lliomas 
Pfayer,  Mr.  Rouse,  Mr.  Colledce. 

Serj.  Jeff.  You  say  }  ou  heard  nim  in  Oxford; 
and  in  Oxfordshire,  and  at  my  lord  Lovelace's, 
where  is  that  ? 

X.  C.  J.  My  lord  Lovelace  is  here  himself, 
end  hears  what  he  says. 

Dug,^   I  might  mistake  the  county,  but  I 
heard  faioi  nng  it  at  Oxford  town,  ami  at  my 
ktfd-IiOyeUee's  house  again. 
-     X.C.  J.  Where  is  that? 

^fhf,  I  cannot  tell  the  town. 
'y*  Jeffl  How  came  you  there  T 


itia.)ft 


Hey.  ^Cff*  Waa  it  mAvb  itwaa.nmifti  Afli 
thatheanngitP 

Dmm.  Yea,  it  waa. 

809.  Jef.  WbodidhetelyiiafidUbkr 

Dalg.  ShtotdrnQhewwAeai 
out,  «u  he  jgare  meone,  and  we 
ther  presently  after  it  waa  printed; 

Att.  Gen.  How  did  ke  dcac  ' 
whep  he  shewed  it  to  yon  f 

Da; .  That  whidi  halh  HMMd  OB  the  kMk 
of  it,  he  deacKbed  to  be  the  kmf ;  Ikteltat 
IbUow  him  were Topham,  tkMptf^'Bw^wd 
Snow,  and  that  company  of  moi  €»§  b  jfta 
House  oft]!ommotts. 

Sen.  HMoway.  What  wm  meant  Iqr  At 

Dag.  TbeparihunentaDd  all  hia  vafiate; 
and  men  here  ia  die  king  In  the  mfara  |gqp^ 
aocordmg  aa  itia  repiieaaBtBd  in  tlie  wont^^ 

Se^.  J^.  Ay,  he  goea  on  wdL  ASf  lb 
here  is  the  bishops  which  they  thrust  inis  fts 
pack,  when  they  have  got  him  down  in  ths 
mire,  and  then  Uiey  thnutt  them  all  away,  as 
it  is  in  the  song,  to  noot  them  away. 

L.  C.  J.  Did  he  make  this  explication  ti 
you  T^Dug.  Yes. 

Serj.  Jeff  Who  were  the  «  AD  r 

Dug,  Rinsf,  and  cleigymen,  and  all. 

Serj.  Jeff.  \Vhere  was  this  that  he  exxd^oed 
it  ? — Dug.  At  liondon. 

Sen.  HoUotcay.  Is  there  any  thing  rebtiK 
to  White-Hall  ?  What  name  did  he  giye  tMf 

Due.  Yes,  he  said,  Louse-Hall  was  VTlite- 
Hall,  because  of  its  poverty. 

Then  the  BaUad  was  read. 


CI.  of  Cr.  «  Rary  Shew.'  To  the 
<  I  am  a  senseless  thing'- 


tnne  si. 


Att.  Gen.  This  shews  you  what  a  aoit  of 
man  he  is. 

Serj.  Jeff".  Here  yon  say  he  explained  tkh 
with  the  pack  at  the  back  to  he  the  king  P 

Dn^.  YeSj  he  told  me  so. 

Ser|.  Jeff.  What  did  he  mean  by  the  toa 
faces  ? 

Dug.  That  he  was  half  a  Protestant,  aa* 
half  a  papist. 

Just.  Jonct.  Did  he  make  any  comparison 
between  his  own  party  and  the  kmg's  party? 

Dug.  He  said,  they  were  hut  a  handfm  to 
them 

Just.  Jones.  To  whom  ? 

Dug.  To  his  party,  that  was  the  Dissent^. 

Att.  Gen.  SjK'ak tliat  out. 

Dug.  That  their 4»arty  was  hot  a  handfid  ts 
their's. 


STATE  TRIALS,  33  Charles  \L  iSBl^fat  High  Tredwk.  09^ 

Gen.  Their's  and  ^their's,  who  did  he 


the  King's- Head  dub,  whether  it  were  not 
best  to  leave  a  parliameiit-man  in  e^eqf 
county  ? 

Att,  Gen,  Where  wastWfl  ? 

Dug,  This  was  at  Richard's  cofTee-house  in 
London,  a^nst  they  met  here. 

Att.  Gen.  We  could  give  you  an  account  of 
avoliune  of  these  tliingv,  abundance  of  scan- 
dalous pamphlets,  both  son^,  libels,  and  bal- 
lads, that  W(»re  made  by  this  gentleman,  and  all 
Jonej,  Tell  us  when  he  made  the  com-  j  seized  in  his  custody. 

Just.  Jattes.  But  he  sung  this  Ubri  ? 

Att,  Gen.  All  these,  gentlemen,  (shcMDig 
bundle)  were  to   be  dii^pcrscd  over 


He  meant  the  dissenters  \  for  the 
of  £ngland  he  reckoned  among  the 

.  J.  Tell  us  the  words  he  said. 

He  said,   his  ])arty   was  the  true 

of  England,  and  that  which  is  esta- 

by  law,  were  but  Protestants  in  mas- 


Hhat  words  he  did  use,  and  upon  what 
I. 

When  ho  perceivetl  the  king  at  Oxford 
ot  vield  to  the  House  of  Commons,  he 
him  begin  as  soon  as  he  would,  he  did 
;  how  soon  he  did  begin,  for  their  party, 
I  the  king  and  his  party,  was  but  an 
to  him  and  hisjparty,  calling  them  the 
itestants ;  the  others-were  Protestants  in 
rmde. 

Gtn.  What  did  he  desire  you  to  do  ? 
isisting  in  any  thing  ? 

He  always  desired  me  to  be  true  of 
*,  he  hoped  I  was,  and  to  get  good  arms 
elf. 

Hollaaay.  Did  he  in  Oxford  desire  this 
— Dug.  No,  he  did  not. 
wen.  tor  what  purpose  did  he  desire 
irm  yourself.^ 

He  said,  the  king  had  a  design  on  the 
to  introduce  popery  and  arbitrary  go- 
ut, and  he  expected  every  day  when 
lold  begin,  and  the  sooner  the  better,  he 
le  provided  for  them- 
Jone.  Was  that  in  Oxford  P 

He  spoke  it  in  Oxford,  and  in  the 
I. 

Jones.  Did  he  fdl  you  of  any  that 
ted? 

He  spoke  of  captain  Drown,  and  cap- 
tion, and  Don  Lewes,  and  abundance 
fsaid  he  had. 
Ivna.    Did  he  tell  you  he  had  them 

Yes,  about  forty  of  them  were  there, 

HoUowinf.  Did  he  teU  you  of  any  that 
ted,  in  order  to  the  comuig  down  of  the 
sot  al  Oxford. 

Not  listed,  but  were  intended  to  come 
and  at  Oxford  he  told  me  they  were 


hmti.  Were  you  in  their  company  in 

here  f — Dag*  Yes,  I  was. 

Jomti,    In   the  company  of  whom  P 


Of  captain  Brown,  Don  I/ewcs,  and 
Acn  of  that  ganff  ;  I  know  not  flieir 
bm  I  know  their  faces. 
Xm.  Did  he  take  notiire  to  you  that 

neomedowii  ?— Du/r*  Yes. 
Iot.  To  what  purpose  ? 
Setspeeteil  there  would  be  a  rising 
rif 'MmI  to  this  purpose ;  Mr.  Colledge 
I  fcft  debated  it  at  Itichard's  coffee- 
ii  km  to  be  carried  from  thence  to 


a  great  bundle)  were  to 
England. 

&ri.  Jeff.  It  was,  it  seems,  expounded  and 
sung  by  the  prisoner  at  the  bar  ;  he  gave  you 
the  ballad  at  Oxford,  you  say,  Mr.  Dngdale. 

Dug,  No,  1  heard  him  sing  it  here. 

Just.  Jones.  Pray,  Mr.  Dugdak:,  what  was 
the  use  was  to  be  mside  of  this  ballad  ? 

Att.  Gen.  Coine,  go  to >  the  next,  we  call 
this  evidence  to  shew  you  the  malice  of  the 
man. 

C611.  Pray,  my  k>rd,  let  me  ask  some  ques- 
tions of  Mr.  Dugilale. 

i^tj*  ^^ff'  Ay*  uo^  1^  ^^^  prisoner  ask 
his  questions  (to  do  him  right)  before  we  go  to 
another  witness. 

Dugd.  M  jF  lord,  I  have  a  word  or  two  mora 
about  a  hbel  m  manuscript*  thnC  very  da^^the 
sheriffs  were  to  be  chosen,  it  was  to  be  pnnied, 
and  lie  told  me  the  printer  durst  not  print  it,  it 
was  so  dangerous. 

8eij.  Jt]ff.  What  was  it,  can  you  remember 
any  part  of  it  t 

Dugd.  No:  but  it  was  tlie  worst  J  ever 
heard  in  my  life  against  the  king  and  govern- 
ment. 

la.C.  J.  Now  ask  him  what  questions  you  will. 

Coll.  PraVi  when  was  the  first  time  you 
gave  this  evidence  ? 

Dugd.  Truly,  Mr.  Colled^,  I  don't  keep 
an  account  of  time,  1  cannot  give  aA  account  of 
time. 

Att.  Gen.  As  near  as  you  can  tell  him. 

Dugd.  I  cannot  tell  whether  it  migh^  be  in 
June,  1  tliiidc  it  was. 

CoU.  How  long  before  1  was  taken  P 

Ihigd.  It  might  be  alntut  the  time  you  wera 
taken. 

CoU.  Pray,  who  did  you  give  it  l>rfore? 

Dugd.  I  gave  it  to  sir  Lionel  Jenkins. 

Coil.  Where  did  you  swear  these  tilings 
were  done  then  P 

Dugd.  What  was  done  in  the  city,  I  swore 
to  be  done  there.  * 

Coll.  What  city? 

Dugd.  London ;  the  same  words  were  said 
in  the  city  of  London,  and  over  again  here.  1 
have  repeated,  for  the  most  |iart,  only  the 
worfls  you  said  here,  but  more  was  in  the  city 
than  here. 

CoU.^  Did  you  swear  then,  that  the  words 
you  swear  now  were  spoken  at  London  P 

Dugd.  It  may  be  we  might  not  name  Ox- 
ford then. 


£99j     STATE  TRIALS,  33  Cu  ARLES  11.  168I.— TWaZ  of  Stephen  Colbdge,     [60O 


Herj.  Jeff.  He  says  well,  it  miglit  not  be 
Yiamedthen. 

Coil.  Then  you  did  ^vein  your  information, 
that  I  spoke  tlieKc  words  at  Oxford. 

Dugd.  1  wa8  not  examinefl  about  what  was 
done  at  Oxford ;  I  believe  I  have  heard  you 
«peak  the  same  m  onds  to  me  at  my  lord  Lf»ve- 
lace's,  but  1  do  not  know  what  county  that 
is  in. 

ColL  I  ask  you  positively,  whether  you  did 
not  swear  that  what  you  now  say  was  spoken 
at  Oxford,  was  spokt-n  at  London  ? 

Dugd,  I  did  not  name  Oxford  then. 

CoU,  But  did  not  you  say  that  was  done  at 
London,  that  now  you  say  \vz:a  doae  here? 

Dugd.  Truly,  you  said  them  both  at  London, 
inil  iiere. 

Coll.  Pray,  Mr.  liiiji^lalo,  what  had  you  to 
^ve  this  your  inforniaiitm  ? 

Dugd.  Truly,  1  can't  say  I  have  received 
the  worth  of  a  i^niat. 

Coif.  Nor  was  evor  promised  any  thini;;. 

Dugd,    No,  i  never  roci.*ived  any  thini(,  nor  i      /J 
ei^^er  was  ji.jmisrd,  but  only  wliat  \\w  king  <  arbitrary  j^vcrnntent 


design  failing  there,  then  they  cUiB|ped  it  to 
Oxibrd. 

jL.  C.  J.  You  did  not  oome  to  your  trial 
there ;  if  ^jrou  had  to  done,  then  tbey  would 
atrked  him  in  particular  what  was  said  at  Os» 
ford,  anil  wliat  at  London,  aa  it  is  now,  being 
done  in  both  counties.  But  look  vou,  if  ?ou 
will  ask  any  particular  questuma,  do,  tior  tuey 
have  other  witnesses  to  produce. 

Coll.  My  lord,  f  on!v  ask  this  question, 
Wliether  it  lie  not  rational  to  think,  that  when 
he  Nuoie  before  sir  Lionel  Jenkins,  he  aboukl 
net  swear  the  words  were  spoken,  and  thing* 
donci* 

Dugd.  He  hath  said  the  same  words  to  mo 
at  my  lord  Lovelace's,  as  I  lay  in  bed  with 
him,  and  this  I  never  mentioned  but  now  in  my 
evidence. 

ColL  What  words  did  I  say  there  ? 

Dugd.  If  you  must  have  them  repealad, 
they  were  about  the  king. 

ColL  W  hat  were  they  ? 

Dugd.    That  he  was  a  papist,  and  dvignti 


gave  me  lor  going  down  into  the  country  for 
my  chai-ges. 

Ait.  Gen.  Wa^  thai  the  same  allowance  you 
had  when  you  were  witne£;s  for  the  i^opi^h 
Plot?-Di/^/d.  Ves. 

Serj.  Jetf.  Have  >o»i  any  other  allowance 
than  what  you  luul  iM'fnrc,  when  you  gave  cvi* 
dence  at  my  lonl  Siafloi-d's  1^  ial  V 

Dugd.  Ao,  nor  have  got  all  that  yet  noi- 
thcr. 


ColL    Did  I  say  so  to  you  at  my  toid  Loia- 

lacc's? 

DvgiL  Yes,  as  we  lay  a-bed, 

SoL  O en.  Did  a ou  lie  tosether ? 

Sc-rj.  Jijferies.  Vcs,  yes,  3iey  were  intiiMlct. 

ColL  I  had  not  six  words  with  you  wbcuyot 
went  to  betl,  tor  you  said  you  were  weary,  tad 
^%eiit  askH;p  presently. 

Dhgd.  1  fiav  you  said  this  in  the  moniagi 
for  we  had  an  liiuir*s  dia^course  when  we  waw 


ColL  But  pip.y  fMi-,r\c   my  quo'-^ion,  ^,Ir.  '  n  bed,  and  all  ouitli.iconise  wasab'jut  the  por* 
T)u<;dak\  iind  laisvvn-  j*.       Did   v«i]i  jioi  swta.'    lianieiit  un<l  the  kiiii:'. 


at  Londtiii  tliiit   I    >|  r  ;..•  ilu->«-  woriis  tlicri', 
which  now  \ini  suy  j  >;  ok*'  Ik  h.? 

L.  C.  ./.   i'liiv  o'lsiin,  Ik*  sn \  s  lie  did  not 
tlien  nunic  Ovu.ril ;  Lk*  in  li  v.   j^'-ivinir  rf  liis 


ColL  >\  ho)*e  was  it  I  said  tlicse  words  in  Ox- 
ford ? 

Di/j(L     At  Comb's  coUt'e-houw  was  one 
plaro. 
evidcni'e   now,  Ik*  tflis   \  (ui  a  scvic.-;  t.f  whut  i      (Vi//.  U  a»i  thonMiobotlv  bv  ? 
passeil  lj(t\vfM*n    !.«Mii!»<n  aitd  0\i'«nl :  aiid  l\      Du^nK  No,  Imi  ai  thr  .Angel- Inn  there  m  tie 
must  t«.H  \ou  fj./ilMr,  i!:i  jivwson  k-  vonii.Ltt<-.l,  j  MVfiul  porsoi;^  stnndiu*^  by. 
and  the  c-virK.,.-^  luuvcit  ici  \iv.  iiitvioc  >iiii.:<  ^,  j      Cull.  Sui-ely  thru  some  of  those  heard ibe 
tii«>  kii)!^   U'.'.v   <i:«;;;sr   \/.iiih   oownry  he    \\\\\    u«»ivls  as  \v<'ll  as  yon. 

pr4)st'<  u:?-  :iiiil  Im!ti;^  Ms  iiuiiv  iriUiil  i:i,and -i\*-  DMy:iL  li  may  Ik'  so,  1  am  sure  many  it 
m  cvid  :irc  \\\v  \\,i\-<  \v\  liiiili  i'oiHitivs.  \\\\\  Loiidoii  liavt' been  by,  as  Mr.  ^Sta['key  by  usHMf 
yon  viiall  li-i^i*  \<^.t-  o'.ijiciion  k«i  \\  aruM-\>:ii(U.  .  .Mr.  l»os4)n»,  .Mr.  IWilduin;  iliey  have  rebuked 
bnd  w»'  v.ill  i.ikr  •»  i.ilo  n>nsi;!cr::ti.)ii.  I  i»  II  :  j^trii  for  ii,  ai.d  1  Iwivr  ivluiked  you  too. 
you  this  ii«ii  it  i.n\  \\(  -  ^criii  to  \oii  I'oat  liu-  ', '  ColL  W  hat  wor'**  hav(i  thev  and  vou  beiid, 
wuncsMS   .-,i  aU    iii>|M»iiii4>iitK    ol    ^vlrii   v.;.N  ,  ;»nf|  ivhisLtd  ino  lor  ■' 

d<im' at  l.'ip.lo  1 ;  lilt   if  notliliiiT  was  doiu' it  '       DufS'L  WIumi  \vmI  have  been  Riiiing  acfsinrt 
said  III  0\r.:iii.  flu  ti  it  uill  Im-  laki'.i  into  i'(>r.^i-  ■  tlii*  kii  '^.  and  said,  tiial  the  king  designed  r.o- 
derati(Mi,  yot:  shail   li:;vi'  it   sa\(>d  ai'tirwan'.>.     thiu;^  but  tiie  intr(Kliii'in<r  of  ]Mi|iery  and  arbi- 
I  only  liiut  it  ::o\?,  tiia*  \ou  luay  not  tliiiik  it  :  tiary  t^nvt  runicut,  and  ti:at  he  Mils  a  |Kipist. 
imiKTiinrut.  '  "  tsi'r\.  Jtlftrui.  He  lovint  to  ht-ar  itn'peaU^ 

('oil.  1  iMM'.M-li  von-  Inidsiti'i  ulv(»  r;!i:  |i.M\o  .      Coll.  \\  hat  arms  did  vou  st-e  of  miiiv  inthis 
♦o«lK*ak  t»!i     \\'n*\  :   \\  ii.-u  lu-  ni.'i  '»*  liis  aintla-     town  ? 

yii  iK-fon'  •»:.•  !/ii.ntl  J-  ..kins  ih.  :■.■  ai>.,u«  se'iA-  ,  IhigtL  I  saw  pistols;  you  had  some  |K»ckH 
iiii;-  til  •  kliiiT,  aiio.ii  tiM-  paity  I  }i..;l,  :i..d  ilu-  '  |>ist(»ls. 

ariiis  Mui'l  ;(iuu«liil,  ojiolii  ii'ot  lie  ai  till- same  Coif.  None  Imt  one  1  borrowed  of  you,  wd 
tini'j  to  I»ii\.-  s.:i.l  \\luMu  1  va.d  tlji.*'  vvonl^  to  that  vou  had  ai^aiu  ;  had  1  f  Pray  sjMfak;  did 
him?   IJjt  lu*  .lid  s\>var  ilu  II  it  uas  in  J^judon  .  vou  sn*  any  mi»re  r* 


,  ......  couni)*^ 


that  J  s.iid   li:o,j»  words  to   him;  smd 
before  a   :»r,..ul  jury  of  liom^Hi  i^«.'utlemc'n  iii 
Loudon,  tiicy  wvw  Ml  wise  and  hoiiCSt  as  t »  do 
lue  justice,  and  not  liud  the  bdl  \   au  their 


Da^tL  It  mav  Ik;  there  might  not,  but  tbcre 
were  |uickct-|jistobt  in  the  room,  and  you  hid 
them  m  your  baud. 

ColL  11a  s\t  ore  but  now  that  he  saw  me  bi** 


601] 


STATE  TRIALS,  33ChaelesII.  iGhL-^or  I Jigh  Treason. 


[602 


liockel-pistoby  when  it  was  but  one  and  that 
was  bis  OM  D. 

i^rj.  Jtjftriti*    Hark  yoii  nonr,  you   talk  oF 
pifliote,  du  you  know,  that  he  had  any  pistils 
in  his  holsieni  at  Oxford  i* 
S>Mgd,  Yea,  he  bad. 
ColL  Yea,  I  know  that,  I  don't  deny  it. 
HcTJ.  Jefferieu  1  think  a  cUissel  niiglit  have 
been  more  proper  Ibr  a  joiner. 

Co/L  You  say  1  was  confederatiMl  \iilh  capt. 
Drown  and  other  men. 

Dufid.  Yoj  have  told  niclhat  capt.  Brown 
badagnod  allows  nee,  and  it  wa^  pity  he  had 
DOC  a  betteiT  allowance ;  arid  you  would  sp^ak 
be  nii^lit  liave  a  bettiT  allsmauce,  tor  he  was 
able  to  do  good  serrice  w-lien  the  time  came. 
CoUn  Fromwhom? — Dugd.  Among  you. 
Coii,  Amonff  whom? 

Dugd.  You  Icnow  there  were  several  ^ther- 
ia^  amonsf  vou  that  I  was  privy  to. 
to//.  What  do  1  know :' 
Sal,  Gta.  Yoo  know  money  was  gathered 
■uy  tiuits.— ColL  For  \\  hat  purpose  f 

iSugd,  Vou  never  told  uie  particulars;  it 
VBts  distribute  somewhere,  1  had  none  of  it. 

L  C,  J.  lie  docs  not  say  these  men  were 
coBoenied  with  yuu,  but  }  oa  said  so. 

Da; i.  Y'on  komv,  Mr.  CoUedge,  there  were 
■■f  gatherings  of*  monies. 

dlL  Did  I  tell  you  there  were  any  gather- 
^p  for  captain  Jiro\i  u  ? 

Kerj.  Jejferies.  He  says,  you  told  him  no  pnr- 
tahrs ;  if  yuu  have  a  nimd  to  ask  liini  any 
nn«pMStioiis,  do. 

ColL  Pray  sir  George,  tlon't  interrupt  me,  I 
m  here  for  luy  life.  JJid  (  tell  you  there  were 
ttjrgatbennffs  for  captain  Urowit  1" 

iivgd.  I  do  not  s:ty  tor  bim,  nor  whom  you 
fcinhiled  h  to ;  but  ^ou  gathoicd  luuuev  oiie 
iBong  another,  and  you  have  paid  money. 

€uS.  I  have  paiu  money !  V\  hen,  and  to 
vbnm? 

Att.  Gen.  You  will  not  deny  that,  you  con- 
fciitd,  upen  your  examination^  tliat  you  gave 
•  juiiKe. 

Coii,  Kir,  did  you  see  me  any  more  at  Ox- 
fcd,  iban  in  the  coffee-house,  and  ut  thai  inn, 
*bn  I  went  oat  of  town,  and  was  going  home 
Wb  ihe  city  members  ? — JUngiL  Yes. 

CoiL   Were  you  in  my  company  any  ti  here 
Wtia  tboee  two  places  ? 
Vugd.    I  was  with  you  at  the  Chequer. 
Cm,   Did  yon  come  apurpoiM:  to  s{)eak  with 
M^  or  bad  yoo  any  busniess  particubrlv  with 
fti? 

Ikgd.  Thily,  Mr.  €olle<lge,  I  have  for^ 
Hsiber  I  bad  or  no ;  1  was  in  the  room  with 
Jintbeie. 
CaiL  Where  is  that  room  ? 
I^9gd.    1  caunot  tell  ail  tiie  rooms  in  that 


ColL  Was  it  idbove  Ktairs,  or  bekyw  P 

Ditgd.  Buih  above  and  below,  two  days  I 
^Mre  Miak  vou. 

CoiL  Was  tfiere  any  of  this  diecouine  you 
4«kefpassfsd  there  between  usK 

JWgiL  I  bnow  i  was  with  you  m  thoec  two 


places  I  mentioned  hefore ;  you  called  me 
anide  to  drink  a  gisss  oif  mum,  and  there  was 
none  iu  the  room  but  us  two  at  that  coffoe- 
hcusc. 

OflL  Sir,  you  came  to  town  but  on  Friday, 
I  think  it  must  be  Saturday,  Sunday,  or  Mon- 
day this  was ;  for  he  stayed  no  longer  in  Ox<^ 
fold. 

Ditgd,  Nay,  I  came  to  Oxford  either  Wcd- 
nesilay  r.ight,  or  Thursday  morning ;  and  1  saw 
you  and  Mr.  Hunt  together  the  same  day  i 
came. 

CoiL  Did  I  explain  any  pictures  to  vou  at 
London,  or  owned  I  was  the  author  of  tnem? 

Dugd.  \  ts,  upon  my  oath,  you  have  ex- 
plained picture's  to  me,  and  there  is  one  picture 
that  1  havt;  i:ot  shewed  yet,  which  you  hare 
explained  what  the  meaumg  was. 

Ser).  Jeff'.  It  Ls  your  common  trade  it  seems. 

Dugd.  You  told  me  you  got  them  done. 

Clerk  reads,  **  A  Character  of  a  Popish  Suc- 
cessor," ^c. 

Serj.  Hulloxiay.  How  did  he  explain  it  t» 
you,  Mr.  DugdaJc  ? 

Serj.  Jeff'erics.  1  would  see  what  opinion  he 
had  of  the  church  of  England ;  there  are  some 
church -men,  what  are  they  a  doing  ? 

Vug.  Tbey  are  a  parcel  of  tantivy-men 
riding  to  Itonie  ;  and  here  is  the  duke  of  York 
halt  man,  hall  dci'il,  trumpeting  before  them. 

Cofi.  You  have  got  somebody  to  explain 
these  tilings  to  >nu,  Mr.  Dugitale. 

Vifg.  You  did  it,  u|fOn  my  oath. 

CoiL  Oh,  heu[)oa}ou,  Mr.  Dugdale,  con- 
sider what  you  say. 

Serj.  Jeff.  All  this  you  did  explain,  it  seems. 

Vug.  And  in  one  pbce  of  die  other  libel 
the  kiiijpf  was  termed  a  rogue  ;  but  they  put 
him  in  by  imotlicr  name. 

Serj.  Jffferies.  W  here  is  it  ? 

Vug.  It  is  in  Kary  Sliew  ;  in  the  manuscript 
it  was,  *■  I\<»\v  now  the  rogue  is  down.' 

Serj.  Jiii'aies.  liCt  me  see  it  ;  i  took  notice 
of  it,  *  Now,  now  the  pliant  is  down  ' 

ColL  I  ask  yuu.  Sir,  %k  hether  the  song  which 
you  say  was  siuig  at  my  kinl  Lovelace's  and 
other  places,  was  the  Fame  with  this  ? 

Vug.  For  the  general  it  is,  I  can't  tell  for 
every  wonl :  You  sang  it  lialf  a  dozen  timce 
there,  and  the  music  played  to  yon. 

Cull.  1  ask  you,  ^\  hether  it  was  the  same 
witli  this  ? 

Vug.  J  caiiH  ti4l  for  every  word  yen  sanif. 

Coll.  Was  there  any  bo<ly  by  at  my  expUin- 
ing  (it*  th«*se  pirtiires  Y 

Vug.  Mr.  Baldwin  was  hy\  and  reproved  and 
conrccted  you,  that  yon  would  be  so  open. 

ColL  \i  as  there  any  b<Kly  at  Oxford  when 
you  did  hear  me  talk  of  arming  myself? 

Vug.  They  were  walking  up  and  down  in 
the  burber's  shop,  and  1  know  not  whether 
they  did  hoar  or  no. 

Att.  Cicn.  Was  that  gentlenum  sworn  at  my 
tord  Stafford's  trial,  Mr.  Dugdale  f 

CoiL  Yes,  I  was  sworn  there,  I  acknow- 
ledge it. 


603]       STATE  TRIALS.  SJlCHAKLES  II.  \6&l.~-'nial  of  SUphen  Colledgt,    [fiO< 


knonledgv ;  biit  1  did  bdicvc  hiai  auutber  laao 
ih&n  I  find  bini. 

Sen.  Jeffiriei.  No  question,  or  dtc  you 
would  nalimve  trusted  him, 

Att,  Gen.  Swear  Sterms.  (Which  was 
done.)  Du  yon  ^Te  my  lord  and  the  ,iury  tui 
aecmmtHheiv joiifoiuiilthis  pre<:baE ballad. 

Slrteiu.  The  tirst  draught  I  found  bhiibed- 
chunb«r. 

Serj.  Jefcrics.  Wliatufall  ofthein?  VThich 
isitr 

Strom.  Tlie  lUry  fftpw ;  We  fbunri  tlie 
fint  it»u»ht  ot'  it  in  his  hunse,  nben  We  rame 
Mienrcl]hUpk|ier»,  liy  order  of  oououil ;  and 
die  print*^'  that  printed  the  ballad  halh  told  me 
since,  he  bad  ii  ti'om  him 

Atl.  tiVii.  W  hal  say  joii  yourself.''  speak 
you  ow.,  kno.H«lco. 

Sli-nnt.  And  Mr.  Allcrburj  ivas  bynhru  we 
ai-achcil  ihi- Liiusi'. 

Au.iic,,.  Well,  Mr.  AlteAury  will  Idi  his 

Sievtn't-  Ihaiesemyon  onhoriicha'^k,with 
faolMcn  btlbrc  yoo,  wiih  mate  hiindrcdi;  of 
men  aBi:r  you,  cumins' out  "*  ^  Ifcll-sovng*'- 
Inn  ;  ihey  Mid,  you  i>rerf>  ip«ug  to  cbo«c  )iar- 
"- '  '—  ■  '  Svt*  known  you  three  or  foar 


L.  C.  J.   Will  you  Hsk  htoi  nny  quiislions  ? 

Coll,  No,oiily  lliis  ;  Do  you  tivear,   iipoa 

your  oath,  that  jou  found  the   original  in   my 

Stmeiti.  Yes,  Sir,  you  Hill  sec  it  with   my 
band  10  il,  and  some  more  of  tliem. 
Att.Gen.  Andyou found tuolhoscthntwere 


Ai 


iifecciu.  Yes,  bott  our  namr*  are  to  tlu'in 
that  were  concerned  in  the  Sinri-hing  of  Ihem. 

8eg.  Jffferiti,  Yon  Ibuod  the  paper  in  the 
hauae?—SleTcnt.  YcB. 

Heij.Jrffcria.  That  is  Towzer;  bul  hoTe 
youtheoViiriiial  of  the  Bary  Sbti».'  (It  was 
ioolted  for,  but  could  not  be  found.) 

Coll.  Pray,  gentlemen,  olserve,  he  swears 
that  is  an  origina). 

Sen.  Jeffiriei.  No,  no,  he  found  the  paper  in 

.    Coli.  1  a^k  about  the  orii^inal  of  liary  Shew. 

Serj,  Jfjfries.  Hcsays.besair  apaperdrawD 
wilb  a  pencil  tliat  was  like  the  uricinal. 

AUerbury.  There  was  an  original  drnwu 
vridi  A  poicil  upon  Dutch  paper,  it  is  lung 
since,  lor  we  do  not  tee  il  here  now,  nhich  at 
IhoMiue  lime  we  found  upon  CoUedge's  table 
in  bi«  bed-chamber. 

Coll.  Did  vou  lind  an  oriffinnJ  in  mv  cham- 
ber? 

AtlerbuTy.  Ves,  wcfounilapaperdrawnwith 


f^ 


Cvli.  iVoy,  where  is 


Atlrrbyry.  I  did  see  it,  it  waidrawn  in  black 
lead,  it  was  up>Hi  Dutch  paper,  and  lay  apon 
the  table  in  vour  i-bamber. 

SltrrKi.  Hiire  1  am,  il  was  taken  when  m 
searched  the  liouKe. 

Coll.  I  am  iure  voii  coutd  verer  find  ibeori- 
giual  of  any  luch  I'hing  in  my  house. 

Alt.  Gen.  Then  where  is  Mr.  Sewell  ?  (Whs 
n'DH  swom.)    Sir,  did  you  sec  iJiiit  Imiupeiy 

Si-iLell.  I  had  a  warrant  to  s«ze  Mr.  flpur, 
and  his  biolher-in  hw,  Mr.  Colleitgv.  So  1  urnl 
down  to  seize  Mr.  Spur,  and  search  Ills  hoDW 
for  such  pnpers  as  1  should  find-  T  could  net 
find  tiicm  in  the  house  ;  bul  I  emiuired  of  hint 
alW  1  hud  Bcarehed,  and  could  not  6nd  them, 
where  they  were  -,  beeause  I  saw  him  il  Mr. 
Colleiige's  when  v/e  first  searcited  ;  he  deoiel 
them  a  pretly  while,  bul  at  last  he  lolil  im, 
ihey  were  in  the  hay-mow  in  the  bam.  Wbtn 
I  tame  lltej'e,  he  wo-s  bawling,  and  told  me,  ha 
wife,  Colledi^'s  sister,  had  taken  tfaem  iJowd, 
atid  can  iut  tbeiu  inlo  a  room  where  1  bd 
Heiin-hed  before,  bnt  could  not  find  them ;  and 
the  man  was  angry  then,  so  we  run  atier  bs 
wife,  and  fouudherwilh  all  these  papers  in  » 
hag. 

Alt.  Gen.  Are  lliese  the  same  jinperk  ? 

StKtII.  Ve<(;  ami  tliere  were  two  othrr 
rula,  tbo  rasii  himself  a  about  ihe  plac«  somc- 

Alt.  Gen.    Swear  Mr.  John  Smith,  {whieh 

Just.  Jona.  Come,  Mr.  Smith,  do  you  know 
Mr.  Collrd^?— ^mifA.  Yes, 

Berj.  Jeff.  Give  us  au  account  what  dealing 
you  have  had  niih  him,  where,  and  when; 
wlmt  he  halh  said  about  the  king ;  ajid  lell  us 
first,  wlkdher  you  he  iniimatdy  acf|uainled7 

Smith.  We  were  intimalely  acquainted.  The 
first  time  1  heard  Mr.  Cnlledgc  discoursiag  any 
thing  of  this  nature,  ihut  is,  concerning  tm- 
son,  or  any  BUch.lhtnir,  was  once  atacoffee- 
hoiise  by  Temp!e-bar;  there  [  met  Cotledge, 
and  he  lold  me  lie  was  invited  to  dinner,  u>d 
he  likewise  inTited  me  to  iL  I  asked  him,  who 
prorideil  the  diiuter ;  he  told  me  it  was  me  il- 
uerman  Wilcox;  I  told  bim  1  was  a  stiaager, 
and  ilid  iiol  rare  for  going :  he  lold  me,  I  shuuU 
he  very  wulc^inic  there;  and  at  last  prevailed 
go :  and  as  i  W'as  going  along,  I 
what  the  alderman  was ;  he  told 


■,  he  w 


n  Ihat  1' 


and  n  man  tfaal  woulil  endeavour  lo  root  ddI 
pojicry  :  Said  1,  lliat  may  be  ilone  eaailj-,  if 
von  can  bul  prevail  with  the  kbg  to  pass  the 
^111  sgiiinst  the  duke  of  York.  No,  no,  said  he, 
you  arc  mi<Uakcn,  for  ICowley  is  as  great  a 
[lapist  as  the  duke  ol  York  is,  (now  he  called 
the  kins'  Rowley)  and  every  way  as  dangerous 
to  the  Protestant  interest,  as  is  loo  i^porvntby 
his  arbitrary  roling.  This  was  the  discourse 
belwcen  the  coffee-house  and  the  tavern  where 
he  Weill  to  dine.  When  we  came  in  I  asked 
Culledge  again  whether  Ihe  sldermaif  was 
there  ;  he  snid  he  was  nol  there  at  that  lim«: 
1  asked  btm  Ute  second  time,  wIiM  kiud  of 


605]  STATE  TRIALS,  33  Charles  II.  l68l.-/</r  High  Treason.  [606 

n\an  lie  was  ;  he  suid,  he  was  one  that  lived  in  ^  arminji^  the  city,  that  my  lord  Ferershani  wa» 
*      '  '  "     ^     ^  '    to  roinc  to  do  it,  he  toiii'nic,  he  was  well  pro- 

vided, a»id  if  I\»\ers!i:ini,  or  amy  man,  payt 


liif  country  hous'j,  B.wd  \pye  freel)r  to  several 

people  to  buy  anus  and  ammunition :  and  I 

asked  him  to' what  purjiose?  And  he  said,  it 

was  to  bria^  i\f  king  to  submission  to  his 

people :  adding  tl&ereto,  that  he  wondered  Old 

Rowley  did  not  amsider  how  easily  his  father's 

h:r3<l  cliiiie  to  tlic  block,  which  he' doubted  not 

wuiild  he  the  end  of  Rowley  at  the  last.     After 

iliU  discouiv:  the  aldermau'came  in  ;  we  dined, 

and  every  one  went  liis  own  way  about  his 

vwn  busmess.     Mr.  Colleil*^  then'  told  n^c,  if 

1  would  ^  uitli  liim  to  his  omu  house,  T  sh(»uld 

fee  how  he  was  prepared  with  arms  ami  [tixi- 

visoa.    Soon  after  1  met  with  him,  and  he  dc- 

ared  me  to  co  alonff  and  dine  witli  him  ;  and 

I  did  so,  and  there  he  did  shew  me  liLs  pistols, 

bis  blunderbuss,  and  his  great  sword ;  and  he 

ibewed  me  his  armour,  back  and  hrea:rt ;  and 

k  shewed  me  his  head-piece,  which,  iff  am 

Mt  iiu«!t8ken,  was  covered  over  with  camblet, 

it  was  a  very  "fine  thing ;  and,  said  he,  These 

M  the  things  which  \nll  <lestroy  the  pitiful 

gnrds  of  Rowley,  that  are  kept  up  contrary 

to  liw  and  justice,  to  set  up  arbitrary  jNjwer 

lid  popery. 

liiL    n bat  did  I  say,  Sir,  about  my  ar- 


Smtk.  Thus  you  stfid  ;  It  was  to  destroy 
Rivley^s  guards,  (those  were  your  words)  that 
vm  kept  up  mutrary  to  law*^  and  justice,  to 
■tup  arbitrary  power  and  ]>opery.  Afler  I 
U  dined  with'  him,  I  parted  witn  him.  A 
Mk  before  the  i»arliamcnt  was  to  meet  at  Ox- 
M,  I  met  him  again ;  and  wc  were  dirt- 
coursing  of  several  things,  what  preparations 
Ik  eity  were  making,  how  they  were  pronded 
Mh  powder  and  bullets,  and  for  his  part  he 
voukl  go  down  to  Oxford,  for  he  expected  a 
bde  sport  there,  upon  the  divisions  that  were 
Ik  to  be  between  the  king  and  parliament. 
Tbfin,said  I  to  hun,  Why,  what  is  the  matter 
iboc?  Why,  said  he,  we\*xpect  that  the  king 
viD  seize  ufion  some  of  the  members,  and  wo 
IR  IS  ready  as  he:  and,  says  he,  for  my  f'.nrt, 
IwBI  be  there,  and  be  one  that  shall  seize  hi:u 
iThe secure  any  of  the  members;  (and  I  be- 
fefV  be  dul  go  down ;)  says  he,  yon  know  how 
4e  city  is  provided :  I  told  hnn.  no,  not  so 
*cBas  be;  but  he  t<dd  me  all  was  very  well. 
Mer  he  came  up  again^  I  met  him  unother 
wDf,  ami  he  told  me,  he  went  down  in  expt*'S- 
ttto  of  some  sport;  but  Old  How^y  was 
Md,  like  his  gnindfather  Jamy,  and  so  ran 
My  like  to  beshit  himself. 

■  &j.  Jrff'.  Did  he  say,  if  he  ha  J  not  run 
•ny  he  would  have  srizfid  hun  ? 

Smith.    He  said  nothi!:g  of  that ;  but  bH'ore, 

■  aid,  be  wouhl  l»p  one  of  them  should  sci/e 
iiD,  if  he  seisetMl  any  of  the  momlMTS.  Mhr 
is  be  toM  me,  that  Fitzjrf'rald  anil  he  hnd  bad 
Iwrrd  at  the  parl'ianKtit  door  of  the  IIomsc 
iflMds,atOxibnl;  that  Fitzgerald  had  i-alli-tl 
Mffogoe;  and,  said  he,  Fitzj'.Ta!  1  made  my 
-"Uoed;  but  before  long,  I  lioiie  to  set*  "a 

i  dral  more  bhmd  shed  for  the  causr*,  A*^f*r 
■fsin,  wiwu  there  was  a  discourse  of  dis- 


r, 


Rowley  hiinsolfshoiil.i  attempt  any  such  thing, 
he  wouhl  be  the  death  of  him.  before  any  man 
should  seize  u]>o!i  his  anus. 

Sen.  Jelf.  Did  hf  discourse  any  thing  to 
you  about  arms  to  pmvide  for  yourself!* 

Smith.  Ves,  h:-  did,  1  had  an  armour  front 
him. 

Srj.  Jeff]  What  difl  he  say  to  you  about  it  ? 

Smith.  He  did  desire  nie  to  \iei  me  arras, 
for  J  did  not  know  lidw  soon  \  might  make 
usie  of  them.  I  had  an  armour  from  him  ufMrn 
trial ;  he  said  it  cost  him  SO  or  40s.  I  had  it 
up<in  trial,  but  it  was  tiM)  big  for  me,  so  I  ga\e 
it  him  linek,  and  bought  a  new  one. 

Alt,  Gen.  Did  he  tell  you  to  what  purpose 
you  shoidd  arm  yourself.^ 

Smith.  No,  he  did  not  name  any  purpose ; 
but  he  told  me,  I  did  not  know  how  soon  I 
might  make  use  of  it. 

Att.  Gen.  What  did  he  say  to  you  about 
any  one's  seizing  the  king? 

Smith.  He  told  me  the  parliament  were 
agreed  to  secuie  the  king,  and  that  in  order  to 
it,  all  the  parliamnit-mon  came  very  well  arm- 
ed, and  accompanied  uith  arms  ami  men  ;  and 
he  told  me  of  a  groat  man  that  had  notice  from 
all  the  gentlemen  of  England  how  well  they 
came  armed. 

Just.  Jonen.    What  did  he  say  of  himself  ? 

Smith.  He  would  be  one  that  should  secure 
the  king,  if  he  seized  any  cd'  the  members. 

.lust.  Jones.  When  h^?  had  been  there,  what 
did  he  say  ? 

Smith.  If  they  had  hail  any  work,  he  ^\-a«: 
rcatly  pro\id(Hl  for  them. 

Att.  Gen.  \\y\\  pray,  toll  us  again  what  hi? 
said  of  the  king's  running  away  J* 

Smiths  Hi'  snid,  ]lowi(*y  was  afraid,  like  hiii 
grandiathor  Jamy,  and  run  away  ready  to  be- 
shit himself. 

L.  C.  J.  If  yon  have  done  with  him,  Mr. 
Att<»niey,  let  the  prisoner  ask  him  what  ques- 
tions he  ^li  11. 

Colt.  31  r.  Smith,  where  i^-as  this  discourse 
1  had  with  yon  ? 

Smith.  IVhirh  do  you  mean,  the  former  part, 
or  t lie  latter ;' 

Cofi.  The  first  discourse  yon  talk  of,  nhat 
I  told  you  going  to  Mr.  \\  ilcoxN  to  dinner  ; 
and  when  it  was  i* 

Smith.  You  know  W^i  wlien  It  ^va,s,  1  can't 
exactly  rcmemijer  thc^  tim»* ;  b«it  you  know  'tis 
trur. 

Co//.  Where  was  it!* 

Smith.  As  wi;  wi>nt  »long  thither  wc  had  th* 
first  |iart  of  it,  and  when  we  came  thither,  yoii 
and  1  tulkitl  till  :Vlderman  ^Viieox  c^me  in ; 
and  yon  and  I  w^re  aloni'  t^'tgefher,  and  several 
person^  that  were  there,  wert:  dmwn  into  calmis, 
I  wo  bv  iwo. 

Coif.  Where? 

Smith.  In  the  room  ^I'hero  wc  dinfMl ;  and 
you  know  tiierp  was  a  littk*  room  by,  where 
some  \\ei*v  drinking  a  glass  oi'  v%iuc. 


^pg^     STATE  TUALS,  S3  Chauei  U. 

CM.  Y«ui^  bTt«mudtw«,tiieoompui} 
Ktn  AswB  iato  caLalf. 

'SUU.  I  tdl  jMi,  moit  «f  thes  wen  id 
criUi^  twtt  ud  two  iBtfMher,  only  diow  two 
fMMMDthat  bekagvd  to  tbe  aUwmui  went 
i^asddnrn,  and  g»*e  wkN^ 

CUL  WlMt  rdi^oo  ore  jon  of  ? 

&M(A.  laitfartiiUiDan,»wl[Be,injI«rd, 

I^  C.  J.  Yet,  uNwer  hiin. 
SmUL  laBaPintatHiL 
cut  To««W!»[vintr 
MO.  Y«^  w^t  tbcn  F  ud  I  am  io  onkn 

CUL  IlatwMAMDtlMCaivdiafENac. 

AiilA.  VcL  and  Ot  -     - 

Inme  in  Tolniiiuilr 
Ust,  oti  WW  M  wamaua,  a 
Mkitf  Ann  the  Gay.  1  bmi 
pasMi^  MVHil  KMw  of  ponndL  but  venired 
naraemfMm:  ndlwu  tbeAufiiiElt  me 
thna  an  ortr  tbe  city,  wbon  I  did  Mhuw  ta 
lAat  Onr  woiOd  have  DC  to  do. 

Sin.  ^^  Did  Mt  joa  amw  ^aiiwl  bj 

.itt.  Ook  WvB  joD  not  a  ynXoam,  Hr. 

fltatt,  it  Bij  lotd  ataifori'a  ttkl  r 

amtL  InAatcaaeldid  nnapoMnlte- 
Motaf  tkr  dcdgn  of  tbe  Fapbut  tberdid 
Mt  diM  ^DMlioa  mj  i^ntatin,  aad  I  de^  all 
tbe  worid  to  ny  any  dung  ^^"'^  ^ 

CoU.  PnyhMiiiie,  SiriffTouideasei  th« 
fiiat  ducourae  that  you  speak  or  about  Mr. 
Wilcox'a  being  a  g«od  man  fur  tiie  came,  and 
mey,  tliis  was  w  beo  wc  were  at 


tg8^C*yrM.ff»ff*^fliWr'.    Ii» 


be  thra 


will  tbcn  he  aiiJeil,  be  aJnan^  thai  11 


3  bring  din  kiita  «>  aubuliMfaB  ta  Ua  junto 
'''  *  "  '  'leaJiMnjdlhainowlry ^ 
uul  r«nienilK'r  bow  eacily  Jiii  tathrr'a  wari 
caiiie  u>  lilt;  block ;  aud  lio  doubtnl  not  bd 
llialnould  liellieciid  of  bim  t«a. 

L.  C.  J.    He  tpoke  of  scTcnil  tiniM,  jm 

C<^.  laawotloMiwaBamd^iLaaraal 


inwion.  ,  ,  ,,.    .  ,1 .  .■    .  r,  1, 

Col/.  VaBiaid,itwti>t'YRbanft#|» 
Srrj.  /^  Ya«  ibIanIi  bfAN). .       ,..u 

,  cJl.  aiy,  i^  Oe^ l^'Mi  |fiM» 

'  S^.  J#  I  h^lakiBlMi  riiJk^|M|S^ 
(111.  ntidyonibanfeeitbyBdW.         >,.« 

Cc/A  Be  ia  Iba  fOart  mb  Art  niiJlJii 
litin.  x.ague.  ^      ■  _      ,       .^i|Mft 

Ji'/  (^.  Etwaar  Bmn  BnMi..  MK 
...  <>w,'>.)    TeUmylncaandthejvrirtlS 


Tell  my  li>id  and  the  jvy  MMr 
is  genyeinanj  what  cgnvciM  m 
liad  uiili  him,  and  what  diacoaiae  he  hAni* 
will  you.    Apidy  yourtdf  toUr.  CfiBadgrt 


SnitA.  Thia  was  that  day  when  we  went 
to  diDDerwith  him,  you  know  it  very  well. 

CoU,  Where  were  the  other  discouites  I  had 
with  yoa? 

Smak.  Which  part  of  then? 

CeU.  When  I  Game  from  Oxford  ? 

Smith.  By  the  dilcb'Side,  by  your  own 
booae,  I  Iiare  tn  o  or  three  to  prove  it,  we  were 
an  hoar  or  tno  discouising  together  about  thia 

QaU.  ifWhufiiucss? 

X>  C.  J.  He  telU  you  of  two  diKOunef,  one 
Mbn  you  went  to  Ojdbrd,  and  one  aiW  you  ! 
OUM  nom  thence. 

CaiL  He  doee  say,  that  1  did  discourse  him 
^boitt  DOT  coning  donn  hither  to  Gjiiijrd,  that 
Aa  pariiatnent  would  secure  the  king,  aud  that 
X  iaaadd  ba  one  of  Ihrtn  that  aiwuld  seize  him, 
■ad  ttua  waa  the  time  when  we  dined  with 
AldmnaM  Wikox.    .  i 

^  ji-C.  J.  Notsq,  hesay«,aflt!rthAtIinM,ai)d 
M^  jm  went  to  Oxford,  he  had  such  a  dig-  j 
•"jaawhhjou,  . 

Wtitk.  \m,  ny  loid,  oo  it  was. 
J^  Aaddoea  he  speak  of  another  time, 


.  I  Buppose  he  willaot  donhdAM 
1   rery  wdl ;    I  haTeMen  aa- 


he   k.nA> 

cjutuutud  with  liim  ever  liuce  March  1m^  h^ 
lorv  ikf  sitting  of  the  parliamart  atOoM. 
Ikl^  lui'l,  there  was  a  warrant  i^wat  na  fc 
JIii;liTreasoD,  and  I  made  my  ^pBcMiM  to 
3Ii .  Cblledge,  and  deairad  Um  to  g*  to  *lft- 
sue  uf  honour  in  Engtand,  and  aA  hiaadntih 
wlioihor  1  might  aupeiaede  the  wamrt  if 
{ujiilii;c 'h  bail,  and  carry  the  supenedeaaipiH 
^ui  k. : :  Mr.  CoUcdge  laid  me,  he  wonld  g 
iWl-.  {ii:r~'jti  of  honour,  for  he  wooM  do  ■ 
i>i'  l.is  utrn  head ;  and  ho  bid  me  a 
i!:  .'.'V^day.  ftiy  lord,  I  came  to  Mr.  C<^ 
I  ,  t  (ery  Qcvt  day,  and  Iinet  hioiai.til 

•        -  111  [iiiliiilliiiii  iiliil  imilhii  nmuUmi 
.'  >icebe  had  from  that  perao*  offi^ 
'     Mil  III    111  iifiiii  il  iliiiii.llial  llaijto 
I  ..'I.,-   ,  .touidbe,  and  sit  at  Oxford  aooa;ttttf 
>U»'.j'i  .'Ot 'Blue  the  kinf  a^;  for,  Ml.li% 
il.         .u  is  Id  a  worse  coDoitiai)  than  yon  wit 
i:.r;    .  shall  aceisaiilhe,  heahaUbeodidto 
,1,1  ,.'    .    nt  for  all  his  actiona. 
>  -.,   Jif.  Who ahouJd  ? 


nddoato 
kmoSW 
no  tolM 


"**:•••, »waad  wii 


[  discootaad  then,  ifaat 
.,-.-,-».  jaowdad  with  anna,  a>d  that  the 
''**■■«■•»  iwrfrad  to  bong  the  kiiy  to 


li:i,.\   |«a-cr,  and  popery:  aiid,a»id  he,u 
hi' will  l«tlhe  parKaroeat  sit  at  Oxf(wd,Maa 
he    hiiUi   called  them  together, 
^caplr  lo  cbaiget  in  cbowiDg  a 
ttiwn  ia  Mniog  doma,  ir«  wj&ai 


tDbrinrivar- 
Midh^ariM 

and  pat  Ae 
I' them,  Md 


Cb91  STTATE  TRIALS,  SS  Chaubs  II.  iStU^ar  High  TWffiM.  16X0 


Oifeid,  and  brag  bim  to  the  Mock,  as  we  did 

^  logger-head   his  father :    the  parliament 

riudl  sit  at  Guild- Hall,  and  adjust  the  griev- 

inoes  of  the  siihgectraDd  of  tlie  iiatioa :  and  you 

shall  see,  said  lie,  that  no  kiu^  of  his  race  shall 

erer  reign  in  England  after  him. 

L.  C  J.  Where  was  this  be  said  so  ? 

HayntM.  At  his  own  house  I  met  him ;  and 

be  and  I  dkl  walk  all  akm^  firom  his  own  house, 

over  the  bridge  that  is  against  Bn<lewell,  and  so 

veot  all  along  till  we  came  to  tlie  Hercules 

FSUan,  and  we  had  some  discourse  Uiere  ;  we 

vcDt  up  one  pair  of  stairs  and  called  tor  some 

beef;  and  all  this  discourse  was  in  that  very 

fhoe  of  the  Hercules  Pillars. 

8er|.  HolUmomf*    Do  vou  know  any  thing 
fif  toy  arms  he  had,  and  for  what  ? 

lEi^wf.  Buty  Sir,  said  1  to  Bf r.  Colled^e, 
hair  ean  diis  be  done,  it  is  a  thing  impossible : 
you  pretend,  you  saj',  to  the  duke  of  Mon- 
BMith,  that  fate  is  a  fine  prince,  and  stands  <up 
Arthe  Protestant  interest.    Alas,  said  he,  we 
■ike  an  idd  of  him  to  adumbrate  oiu*  actions, 
Ar  fear  we  should  be  discovared :    do  you 
tink  the  wise  people  of  England  slmll  erer 
mke  abaatard  upon  record  kmg  of  England  ? 
No^  nid  he,  for  mough  we  praise  his  actions, 
yat  we  cannot  endure  him,  because  he  is 
ifunat  hia  own  fiUher.    But,  said  he,  further, 
fi)w  the  king  do  expel  from  his  counsel  the 
Mri  of  ClareiMlon,  cunning  Lory  Hyde,  the 
anlof  Halliiaz,  tbat  great  turn-coat  rogue, 
flat  «M  before  so  much  against  the  papists,  a 
laaeali  we  shall  see  him  hanged,  and  all  the 
Tot  emmflellors,  except  the  king  do  it,  we 
wBMke  England  too  hot  tor  him. 
Call.  Who  did  I  say  tfajs  to  ?  Toyou? 
Hmev.  Yea,  to  me. 
Coo,  Pftiv,  how  could  this  be  possible  ? 
HspMi.  Yes,  you  knew  my  condition  ;  and 
I  kliHtad  to  yon  at  that  tiine,  that  I  was  as 
mndk  ftr  tieaaon  and  villainy  as  you :  but 
ihm  Mid  1  to  him,  how  can  this  oe  done  P 
Hera  joo  have  neither  officers,  nor  men  of  tx- 
nee,  nor  men  of  knowledge ;    nor  }ou 
BO  unmnnition,  sea- port  towns,  nor  any 
And  beakles,  the  kins',  said  I,  hath  a 
in  the  bnd,  and  Uie  duke  of  York 
I  (  ~aod  ibr  all  the  men  of  estates,  and 
titt  Mdent  gentlemen,  they  will  not  be  dis- 
tuiheii,   and  ^[uH  their  eaae  for  a  civil  war. 
Qhf  Mfp  he^  you  are  mistaken,  tor  we  have  in 
the  d^f  1,500  bands  of  powder,  and  we  have 
KKMK)p  men  ready  at  an  hour^s  warning ;  and 
wa  httve  ovdeied  every  thing  in  a  due  method 
againflfc  the  aittuig  of  the  parliament  at  Oxford  ; 
and  yoa  riiaO  see  England  the  most  glorious 
■ation  in  the  world,  when  we  have  cut  off  that 
WMdY  fellow  Rowley  ;  and  speaking  of  the 
kioff,  ne  aid,  he  came  of  the  race  of  biiggerers, 
6r  ma  gmdfiuher  king  James  buggered  the 
old  dnke  of  Buckingham  ;  and  he  allied  him 
faytnin,  and  aometinies  the  king,  and  some- 
times  Rowley. 

%BQmJ^m    Thia  was  pure  Protestant  die- 
eomve,  upon  ny  word. 
Agmeff.  Then  lie  railed  at  Judge  Ptanbcr- 


ton ;  and,  said  hie,  let  him  try  Fitzharri<{  if  he 
dare  ;  I  shall  see  liiui  go  to  Tyburn  lor  it,  1 
hope,  a  turn -coat  rogue  ;  he  was  for  the  Plot 
whilst  he  was  puisne  judge,  but  now  he  is  cliirf 
justice,  he  is  tne  gitnitest  rogue  in  tlie  world. 
He  is  like  one  of  the  pensioners  in  the  L/nig 
Parliament.  8o  one  day  1  \^ont  along  w;ith 
Mrs.  Fitzharris,  and  31  r.  Ivy,  and  he  sent  a 
man  to  me,  and  desired  inc  to  come  t«>  tho  Ff  og 
in  Armour  ;  thither  we  came  and  met  lihn, 
and  went  to  his  lodgings,  and  there  we  dine<l. 
Then  they  made  some  pei-sous  of  honour  be- 
lieve, that  I  was  a  person  so  and  so  qualitu'd, 
and  vras  brimful  of  the  Plot;  an«i  he  ^tould 
put  me  upon  charging  tlie  king  with  the  tiring 
of  London,  and  the  munk^r  <if  sir  Edmuudhurv 
Godfrey ;  uud,  said.he,  such  and  such  Lords 
shall  live  and  die  by  you:;  and  besides,  said 
he,  you  need  not  fear,  England  shall  espouse 
your  cause.  But,  said  1,  the  law  is  like  a 
spider's  web  ;  that  catches  tlie  little  tlitM,  hut 
tlie  great  Hies  run  through  the  net,  -and  make 
their  escape  ;  so  it  is  with  these  lords,  jthey  put 
you  and  me  on  the  danger  of  acting  ;  and 
when  they  got  off  by  interest,  a  jury  of  IS 
men  will  hang  us  by  the  neck,  and  so  1  shoidd 
perish,  whilst  others  triumphed,  and  only  be  a 
mart}'r  tor  the  fanatics.  So  in  discourse  we 
were  talking  of  the  libel  of  -Fit^lnuris ;  the 
devil  take  me,  said  he,  ev^ery  indiv  klual  word 
is  as  true  as  God  is  in  Heaveu  ;  and,  said  he,  if 
y«u  do  not  join  with  Fitzharris  in  his  evidence, 
and  charge  the  king  home,  you  are  the  basest 
fellow  in  the  n-orld,  ibr  he  makes  ^ou  slaves 
and  bcjp^rs,  and  would  make  all  the  world  so ; 
and  it  IS  a  kind  of  charity  to  uharge-him  home, 
that  we  may  be  rid  of  such  a  tyrant. 

Seij.  Jeff,  Mr.  CoUedge,  if  you  will  ask  Idm 
any  questions,  you  may. 

CotL  Certainty,  my  lord,  the  thing  speaks 
it ;  he  is  not  to  be  talked  withal ;  is  it  probable 
1  should  talk  to  an  Irishman  that  does  not  un- 
derstand sense  f 

Uaifuet.  It  is  better  to  be  an  honest  Irish- 
man,  than  an  English  rogue. 

Seij.  Jaff,  He  does  it  but  to  put  you  in  a' 
heat,  do  not  be  passionate  with  Vxm. 

Hat/nes.  No,  I  am  not,  1  thank  God,  he 
hath  not  put  me  into  a  heat. 

ColL  n  here  was  this  discourse  about  super- 
seding your  warrant  ? — Hauncs.  At  London. 

Coii.    When.? 

Haynet,  It  was  before  the  parliament  sat  at 
Ozon. 

dtlL    How  long  ? 

Half  ties.  I  cannot  tell  positivdy  to  an  hour 
or  a  day. 

Coil,  What  month,  as  near  as  you  can  f 

Haynet.  It  was  in  tlie  month  ot*  March. 

CoU.  Had  you  ever  seen  me  before  P 

Hayjus.  Can  you  deny  tluit  ? 

CM  I  ask  you  whether  you  hare  or  no  ? 

Hay  ties.  Yes,  1  have  seen  you  in  the  coffee- 
houses bawhn^  against  the  ^vemmeut. 

L.  C.  J.  \\  ere  you  an  intuuatc  acquaii 
of  his  before  March  last  ? 

JJuyncs.  No  intimate  acquaintance. 
2& 


Lcquaintance 


III)    STATE  IBIALS;^^^ 


•1 


BifyMy.  Oh*  Ms  mytoih  Club  n*  I  Ml 
(•njtaft^  tloeniV-HeMitaMni  ttTen^Biir* 
uid  fate  ik  me  upon  tlw  bnrinttis  uid  JMn. 
MtcaamMim and  tkieoliicri  ;'«MllMjr  idl 
file blintieis M  hki  r  fbrwe  ftll  «itt«ii<M 
Vot,  and  ouir  flwordt  were  t^kffi  Hmoi  w,' aiid'-I 
imik  M  Jbhn  liMc&iaiifM,  i«4  «oM  hioi, 
yoiiflr' it  iMk  m  nui  At  Mh  ^pltee,  ttow 
yoQ  IMT  setme  iipoii  hifli. 

'  GiA.  HebekNigiea  to  nqr  IihI  Trnde,  I 
diiiilc,tliM'ir«ie«Wiuteiot^  Do 

yoQ •Bj'I oetvou  ti^ that? 
'  Ht)^  Xm^  70a  mn  witfi  me  Ae.  wglil 
Mbre,uid  capt.  Bto«rP»lMid  tiitygftre  oa  a 
aigaal,  a>lii^nbbaiid^  to  dMigiM  Am  we 
4Pera  'jrioisaiaiiiay  neui  ine  oHODpa  BMk 
:  Z^<7:/.' WhaiweiojKmtoioalBeiiaeofitf 
)' ^  Arjnwi.  WhendwldBflrwaaaeiMd. 
'  |GhR>.  J(^  WeQ,  gooB^  aave  yoa  any  iMra  f 
<  fitf^aei.  Bat,  11^  lof^'ftqitar,  after  kt 
came  freaii  Oimr  1  met  ban  $  and,  aaiil  I,  whera 
Am  dow  all  yov  cmeka  a«d  faraga  r  Nowjott 
•ea  the  long  faa&  inada«  fbol  efyeo  $  miireea 
loww  not  what  yea  weald  hare-  dooo.  tkj% 
■faOi  whatwooldyeahaieaBtedo?  We  have 
M  done  with  Imn  yet ;  te,  aidd.he,  no  eer- 
Mat,  no  nuu  imng  ind  Imow  whettiarhe  woaM 
/diawlFetheinarikaiint  thatdav.  I  waathot 
.yefy  nick  ortinie  at  die  LerwP  Hoiae^  and 
there  was  a  man  came  in  with  a  gown  ander 
Ilia  arm,  aud  every  one  looked  upon  him  to  be 
litayk>r,  and  no  body  did  aospeot,  no,  not  his 
intiuiatest  friends,  exoept  it  were  FitzgeraM, 
that  he  would  dissoke  the  parliament  that  day ; 
but  presently  he  puts  on  his  robes,  and  sends 
a%vay  for  tlie  House  of  Commons  ;  and  when 
he  had  dissolved  them,  before  ever  tlie  House 
oonld  fl^et  down,  he  took  coach  and  went  awav, 
otherwise  tlie  parliament  had  been  too  hard  for 
him;  for  there  was  never  a  parliament-man 
but  had  divei-s  armed  men  to  wait  on  him,  and 
i  had  my  blunderbnss  and  my  man  to  wait 

Xn  me.     But  well,  said  he,  there  is  a  God 
re  that  will  rule  all. 

Alt.  Oen.  Call  Mr.  Turhenile. 
•    ColL  HuM,  Hir,  T  desire  to  ask  him  some 
qnestionri.     \  mi  say,  tlie  first  time  that  I  saw 
you,  yon  had  this  (Hscourse  with  rac  ? 

Jiai/ncs.  Do  not  use  tautologies ;  it  is  not 
the  first  time  I  have  bceu  examined,  1  know 
how  to  spt'sk  as  well  as  ^'ou. 

Co/L  Answer  my  questions.  Sir. 

Hayuci.  You  kiiuw  it  was  after  I  had  made 
afhdavit  bef(>re  the  R(>corder  of  London,  a 
copy  of  which  was  enrried  to  that  noblemau  ; 
aud  j'ou  cauir  from  him  and  returned  me  his 
thanKs,  a»id  told  me  it  was  the  liest  service  1 
coidd  do  him.  I  woidd  not  trouble  the  Court 
with  circumstantial  things  ;  and  you  told  me  I 
ahould  be  gratified  not  only  in  my  own  jn^ 
jiarty,  hot  a  feward  for  me  and  my  heirs  for 
over.  "      ■ 

Mt.G€m.  Perwhalf 


:i\  ■> 


I.   k  ' 


I  M*  lAMi -Mm  1I 

(tfiiOMiaiib  •"*"  -  ■ 

*  ■  JfC.  Om.  latfeHtaHto^MHllBrl 
Hmm.  Noy>M|lUB9a*aA,  • 

Imiv^  ■  ■    -      . 

eWI.  1  ask  atea  H  M»4te  fint  ^ 
wwa  aefaaaabedwilli-iatobaawnabaal 
aaairattf  •  i    -  ••     . 

'  /<BMMt.   Aa  to'lhe  ftnH  tiaaa  of  ial 

DW wS 'JHBWHHHWw  vVlB'^IIHa  BaawB^BUI 

^  I  ma  «iiiai  aoindM* uttb Ub 
one  k  theworid.  •    • 

Gaili  Pkoy  awaw' aai^  Sct  vfcea  n 
ftnt  tune  I  talked  to  jav  f 

9t9ti€t^  l%e  ftnlMinaiB  aofoaalai 
had,  waa  wtMBjreapat  Itta  i^ob  Ibe 
ahgotPifc-yaM.    • 

CM,  Pjpi^,  ttr, 3Pmi gB  taafatalitei 
yaaaaeatittgaBoppiag;  ■wboia  anaitfa 
enuae  dbaoi  oiaiaaiaatr  ^ 


Mfwnett  I  trid  voa  Mniia* 
Gb&  WhaMwaaiir 


ifajsMi.  i  waat  t»  yoa  allar  the  i 

waa  flnde,  and  laid  jfoa  ihawj  waa  4  1 
out-  after  OMB,  and  desired  jM  to  so  to  t 
UaoMBaaddnreUiadivewlMl  tnii 
erwhether  I  ndght  iatwauiei  the  a 

Yeutoldmeyodcaald4aiio4ii^^  ^vilh 
fioevond  yoa  woold  goaadadvMM  wi 

nobleman. 

Call.  My  lord,  here  is  Mr.  Tuiher^il 
in,  they  wdl  over-hear  one  another;  j 
me  have  fair  play  for  my  life.  (Whe 
Turbervile  withdrew.) 

L.  C.J.  Cannot  you  answer  him? 
was  the  first  time  you  came  acqiiainte 
him  ? 

Sery.  Jeff.  When  was  the  firat  discom 
had  with  him  P— tfoynat.  In  April  last. 

CW/.*  You  say  it  was  before  the  sittini 
parliament,  and  that  was  in  March  ? 

Uayncs,  I  meant  in  March. 

ColL  So  indeed  you  said  at  first. 

fieri.  Jeff.  He  never  did  say  the  day 
month,  nor  the  month  neither. 

Mr.  Janet.  How  long  was  it  before  the 
of  the  parliament  ? 

Hmfn^s.  Mr.  Jones,  truly  1  do  not  n 
her  iirecisely  how  long  it  was  before  the 
of  the  pariiainent ;  biTt  1  am  sure  it  wnk 

Serj.  Jeff.  I  did  take  it  that  he  said 
before  the  sitting  of  the  parliament,  aiid  1 
says  in  the  month  of  Mardi.  Pray  w1 
talked  to  yon,  did  not  he  tell  you  ot  the 
of  tlie  pnriiament,  and  that  they  woidi 
by  you  ? 

Call.  He  hath  said  it  already,  yon  n 
direct  him,  sir  fieorge,  he  goes  fwd  q 
•Bui  you  say,  8ir,  tlie  first  tinie  I  was  el 
miaiuti^  witli  you,  was  in  March  }  "tidj 
tlemon,  consider,  whetlier  it  be  pfOyi 
at  that  time  I  shoukl  discourse  to  fflttll 
maimer.  '  ^  * 

£.  C.  /.  No,  I  did  tell  yoa  what  %t 

'   I  t    Mi 


CiJ] 


STATE  TRIALS,  35  Charles 


be  Mid  the  first  time  he  was  iritiiiiutcly  w- 
(|Uiijiteil  with  you,  wbb  in  Mtircli  ;  lie  said  li'.; 
bd  ktuiv  set'H  you  in  c«»ftii'- houses,  uiid  he  is 
sun:  it  ivaii  betoiv  the  sitting  of  the  parliainciiT ; 
tor  lie  trils  you  the  discourse  you  noil,  and  h\ 
tlitt  discourse  it  a|>pear8,  it  n'latcd  to  a  iiarliu- 
nidittliat  irasaiter-Aanls  to  sit.  And  then  to 
^re  you  a  more  particiisar  circuntstauce,  he 
Hj')),  Uiat  you  put  him  njion  the  makini^  the 
ittulatit  about  Fiiz>geruld,  and  so  you  came 
•ajiiainted. 

tiayntt.  Ask  Mr.  Attorney.  My  lord,  that 
day  be  was  taken  ami  t*arri(^  to  White-hall 
belore  the  secretary  ot*  state,  he  Kaid,  i  do  not 
bow  who  it  should  be  that  should  accuse^ 
me,  I  believe  it  is  Ivy ;  as  for  Ilaynes,  Iw  was 
tdvn  the  other  day,  he  was  an  honest  man. 

Co//.  You  -say  1  desired  yon  to  make  an 
afidarit ;  was  it  after  that,  or  before  I  had  tliat 
diKoune  with  you  ? 

Haynet.  It  was  after :  for  I  came  and  de- 
■red  you  to  so  to  such  a  pcrsim  of  quality,  and 
you  went  to  aim  and  advised  with  him ;  and 
tbtn  the  next  morning  such  discourse  as  1  told 
your  lordship  and  the  whole  Court  of,  he 
bid  me. 
CoiL  Did  I  speak  these  treasonaUe  words 

lAer  the  affidavit  was  made  ? 
Haynet.    You  said  I  must  make  such  au 

affidavit  ooneemin^  Fitz-gcraM. 
Coii.    But  was  this  treasonable  discourse 

More  you  made  the  affidavit,  or  after  ? 
Holmes.  After  the  affidavit  maile,  you  told 

me  this  :  when  1  came  to  his  Ikmkc,  and  from 

tkenee  we  went  to  the  Hercules  I^Uars. 
&/.  Gen.  Will  irouask  him  any  morenues- 

IKM, Mr.  Colled^? 
^  Co//.  Did  you  ever  speak  with  me  in  yonr 

life  hrfbre  Macnamarra  did  call  mo  out  of  the 

raffiw  iwiuaa  to  gofdong  with  yon,  where  vou 

iiMdd   disciiver-  a  design   against  my   lord 

ahdiesbucy'slife? 

Hmfnti.  I  told  you  I  n^ver  had  any  intimate 

aoquaintanoe  with  you  in  my  lite  lieforc,  nor 

did  I  ever  speak  with  you  heibre. 

Coll,  W  hen  was  that  discourse,  I  ask  you 

cneeafjain  ? 

Hames.  After  the  affidavit  made. 

CofL  That  night? 

Uaynes,  IVithinaweek  or  thereabouts  after 

die  amdavit  made. 

Alt.   0<n.    C*ttll  Mr.   Kdivurd  Turborvilc. 

Bat  Mr.  HayneR,  I  would  ask  yon  one  ques- 

tm.     Did  he  deliver  yon  any  ribband  as  a 

mark  of  distinction  ? 

Haynet,  Yes,  here  it  is.    (And  it  was  shewn 

to  the  Court.) 

Tlien  Iklr,  Turheroih  was  sworn. 

fSeij.  Jtff.  Pray  Mr.  Tiirbervile,  will  you  tell 
my  lord  ami  the  jury  what  discoiu'se  you  had 
With  Mr.  Colledffe ;  and  where,  and  when  ^ 

TurbervHe.  When  the  fiarliament  sat  in 
Oxon  about  the  middle  of  the  week,  i  can't  be 
positive  in  the  day,  but  I  think  it  was  in  the 
middle  of  the  wec^  I  dined  with  Mr.  Colledge, 
eaut,  ISrown  aud  Dou  Lewis;  ckrk  «f  JDerby- 


II.  ifiSl.^dT  High  Treason.  [OU 

house,  at  the  C'lu*(*(|ucT-Inn.  After  dinner 
Don  Le\«  is  went  out  aliout  some  busliir  iS,  uud 
captain  Bmwn  wvni  to  slr-cp,  Mr.  Colledj^i)  and 
1  loll  to  Uillvinff  of  tlio  tiinesi,  luid  I  na.*-  tihs<'rv- 
iiig,  I  thou{;'iii  the  harliuuioat  whs  not  a  long- 
lived  parhuinent.  SSiiid  he,  Thrre  is  no  ^ood 
to  be  expei.'ted  from  the  king ;  for  he  and  all 
his  family  are  [rapists,  and  have  ever  been  such, 
you  know  it,  Sir. 

^rj.  Jeff,  Nay,  donH  apply  to  him. 

Turb.  Said  1,  the  king  \\\\\  offer  somolhing 
or  other  by  way  of  surprise  to  tue  iMirl.ument. 
2!!iaid  he,  I  would  he  would  begin ;  bui  il  he 
do  not,  we  will  be^n  witli  him,  and  seize 
him;  fortliereare  strveral  brave  fellows  aliout 
this  town,  thtOt  will  secure  hiin  till  we  havq 
those  terms  that  we  e\pt*i*t  from  him. 

L,  C,  J.  Where  was  this  ? 

Turb.  At  tlie  Chequer- inn. 

L.  C.  J.  What  said  he  further? 

Turb.  He  said  he  had  got  a  ease  of  pistols, 
and  a  very  good  sword,  and  a  velvet  cap ;  and  I 
can't  be  positive  he  had  armour  on,  but  1  believe 
he  had.  ' 

Att.  Gen,  Did  he  tell  you  he  came  doviii  for 
that  purpose  to  seize  tlie'khig  ? 

Turb.  Yes,  and  he  gave  me  a  piece  of  blue 
ribband  to  put  in  my  hat.  Ho  had  a  great 
quantity  of  it 

Au.  Gen,  What  was  that  for  ? 

Turb.  To  be  a  distinction  if  there  shmdd  he 
any  disturbance  when  tlie  tiling  should  be  done. 

Co//.  What  tiling  done? 

2Vr6.  I  know  notluug  but  of  your  tolluig 
me  of  it. 

Coll.  Where  was  this  ? 

Turb,  At  the  Chequer- Inn  in  Oxon,  Mr. 
Colledge.  You  talk  much  and  Cim't  remember 
all  you  say. 

Alt.  Gen,  What  did  he  discourse  to  yo\t 
about  arms  and  a  h(»rNC? 

I\trfr.  I  tokl  him  I  had  never  an  4iorse,  and 
notliing  but  a  case  of  pistols ;  he  bid  me  I 
shouhl  iu>t  trouble  mysell',  for  he  would  get  mo 
an  horse. 

ColL  What  to  do? 

Turb.  To  carry  on  your. design,  I  know  not 
what  it  was,  hut  by  your  words. 

Att.  Gen.  Tell  what  he  said  of  il  at  the  Che- 
quer-inn. 

Turb.  He  said,  there  was  a  design  to  seize 
the  king. 

Att.  Ocn,  Did  he  desire  you  to  be  one  of 
them  ? 

Turb.  He  did  desire  me  to  be  ready  to 
assist. 

Just.  Jones.  And  how  much  of  that  ribband 
had  he,  pray  ? 

Turb,  A  very  great  quantity,  10  or  60  yanls. 

Sol.  Gen.  Pray,  Mr.  Turbenilo,  will  you 
give  your  evidence  over  again,  and  let  Mr. 
Colledge  attend  to  it. 

Turb.  When  the  pnrlisTnent  stil  at  Oxmi, 
about  the  middl<'  of  the  week,  I  cannot  be  po- 
sitive to  a  day,  I  believe  it  was  either  Wcilnes- 
day  or  Thursday,  1  <1incd  w  rtU  >lr.  Colletlgi', 

captain  Brown  aad  Don  I^wis,  who  wa9  fvr- 


615]     STATE  TRIALS,  33  Charles  II.  16S1«— TVui/  of  Siepken  Cdkdgc,    [6lQ 


mnij  clerk  of  Dcrby-honse.  Don  licwis  after 
dinner  went  out,  and  captain  Brown  lay  ddwn 
on  tlic  bed,  and  Mr  Collfdge  and  I  (Ml  a  talk- 
ing of  the  times,  and  I  toM  him,  I  thought 
this  pariiament  wonld  lie  no  long-lived  parlia- 
ment. Upon  which  Colluilge  told  me,  tlie 
king  ami  afl  his  family  were  papists  and  there 
wa»nogoodu>  be ezfiected  mim  him.  Then  I 
replied,  the  king  would  perhaps  suqirise  the 
parliament,  er  use  some  strata^m  to  bring 
them  to  his  terms.  Haiil  Mr.  Colleilge  again, 
I  would  he  would  begin  ;  but  if  he  do  not,  we 
win  secure  him  till  he  comes  to  those  terms  we 
would  have  from  him ;  for  here  are  seTcral 
brave  fellows,  and  many  more  are  ooming 
^kmn  that  wUliinn  with  it. 

Att.  Gtn,  Did  he  name  anyone? 

1\rb.  No  indeed,  he  did  not;  he  himself 
had  a  case  of  pistols,  a  sword,  and  I  believe 
he  might  have  his  armour  on. 

Cdl.  Did  i  discourse  who  were  to  join  with 
meP 

Turh,  No,  Mr.  Collctke,  you  did  not  name 
iny  body  to  me,  hut  capt.  Brown  was  with  you. 

Alt,  Gen,  Were  you  examined  in  my  lord 
Staflbid's  Trial  ?—turb.  Yes,  I  was. 

Att.  Gen.  Was  this  gentleman  sworn  to 
your  reputation  there  P —  !/i<r(.  No,  not  to  mine. 

Coil.  Pra}',  how  came  we  to  talk  of  such 
tilings  ?  >Vliat  occasion  was  there  that  I  should 
talk  treason  of  the  king  to  you  P  Was  there 
«&▼  body  bcHides  us  two  there  P 

^rh.  No,  capt.  Brown  was  gone  to  sleep, 
•lid  TjCWis  was  gone  out. 

yltt.  Ocn.  It  was  not  at  dinncT  that  you 
talkpfl  so,  Mr.  C«>lled«f«*,  ]\v  a^ya. 

CofL  Had  they  been  at  tinier  with  us 
there  P 

Tnrh.  \cfiy  and  we  had  a  leg  of  boilhti 
■niitton  to  dinner. 

CofL  Did  voii  slay  after  dinner? 

Turb.  YcN.  and  1  lay  with  you  ufterwardii 
■pon  the  bed. 

0>//.  1  thnusrht  you  had  said  capt.  Brown 
went  to  sltvp  there. 

Turb.  Yes,  liut  he  was  gone  too.  when  wc 
hiid  down  tojjwthev. 

Cntl.  God  for;iirc  you.  I  can  bay  no  more, 
f  n(*v<>r  spukc  cue  uord  of  any  such  discourse 
innlylif(^ 

At  I.  Gen,  Will  you  ask  him  any  more  ques* 
tionsP 

CW/.  Mr.  Turbenile,  when  did  you  give  in 
this  information  against  me  ? 

'hirh.  I  gave  it  to  the  grand  jury. 

ColL  Not  More  ?~'i\i;-6.  Yes,"  I  did. 

Coll.  Wh«"n  was  it  ? 

Turb.  Tnilv  I  cannot  well  tell,  I  believe  it 
was  H  day  or  two  bclbre  I  came  to  Oxun. 

Coli.  Why  did  you  make  it  then,  and  nut 
befi>re  ? 

Turb.  I  will  tell  you  the  (KKMision.  IMr. 
Ihigdule  told  nw  th**  pfrand  jury  of  liondun 
would  not  fuid  the  bill:  1  did  admire  at  it 
extreme4y  ;  for  1  thouti^ht  every  one  that  con- 
vened with  him  might  be  an  evidence  against 
bian  i  he  was  always  so  very  bivish  against  the 


king  and  the  government  So  then  coloDd 
Wareup  came  to  nie  and  took  my  depostioBi, 
and  then  I  came  for  Oxford. 

Coll.  What  was  the  reaaoD  yoa  dkl  not  dii- 
co\  er  tliis  treason  before  P 

l\irb.  -There  was  no  reascm  for  it,  it  waiiMt 
necessary. 

Coll.  You  were  not  agreed  then. 

lurh.  There  was  no  agreement  in  the  ewe, 
there  needs  nothing  of  that,  1  think*  but  1  an 
not  obliged  to  give  you  an  account  of  itk 

CjoU.  God  f&give  you,  Mr.  Turbervile. 

Turb.  And  vou  too,  Mr.  Colledge. 

Att,  Gen.  Ilien  call  wr  Williun  Jmamp, 

8erj.  Jeff,  Mr.  Attorney,  if  you  ideMe,  tB 
he  comes,  I  will  acquaint  my  kinl  here  ita 
gentleman  that  hath  not  yet  been  takta 
notice  of,  one  Mr.  BlaatCTs,  that!  is  pnlly 
wcUknown  toMr.  CoUedj^;  nowheitaioMi 
he  must  acknowlediref  of  an  undoubted  nam* 
tation,  and  1  desire  lie  may  give  j'our  kidaip 
and  the  jnrr  an  account  what  he  knows  of  te 
prisoner  ;  oecauae  he  i»ao  curioua  for  EngMh 
men,  we  have  brought  him  an  Engtiahman  rfa 
verv  good  repute. 

Co//.  My  lord,  I  am  chaigcd  with 


this  indictment ;  h»e  are  a  great  many  AiHp 
made  use  of  Uiat  serve  only  to  amuae  the  jm 
I  can  conjecture  nothing  elae  they  are  bitNi|tt 
for;  I  desire  to  know  whether  the  pictnnt|n* 
duced  are  port  of  the  treason.  .    • 

L.  C  J.  Stay  tfll  the  evideDoe  ia  given,  «i 
we  will  hear  what  yon  can  say  at  htfge  whtt 
you  come  to  sum  up  your  ilefence. 

Serj.  Jeff.  iVay,  my  loni,  will  you  be  pletfrf 
t<»hear  this  gentleman  :  IJe  will  tcH  youwbil 
discour.se  he  hath  had  with  the  pnsoner. 
Then  Mr.  Masicn  was  sworn. 

Matter*.  Mr.  Colledge  and  I  havebeeaae* 
quainted  for  a  great  many  years  ;  and  we  bait 
otitc>n  dLscour^.  I  liave  told  him  of  hil 
being  so  violent  as  he  hath  been  several  timcii 
But  a  little  before  the  pariiament  at  (Mord, 
about  Christmas  last,  afier  the  parliament  tf 
Wt-strmnster,  at  Mr.  Charieton's  shop  tki 
wooHcn-drafier  in  Paul's  Chiut;h-Yaid,  wt 
were  discoursing  together  about  the  govcra* 
uient,  ai.d  he  was  justifying  of  the  late  katf 
parliaiuent's  actions  in  1(>40;  and  he  nid, 
that  piirlianient  was  as  good  a  parliament  as  wii 
ever  choiien  in  the  nation.  Sskud  I,  I  wondtf 
how  you  have  the  impiidenc<i  to  justify  tbtf 
i>roccudings  that  raised  the  rebellion  ag^Mt  tbi 
king,  and  cut  off  his  head.  Said  he.  They  dii 
notiiing  but  what  they  hati  just  cause  for,  mi 
the  uarliament  that  sat  last  at  Westminster  wM 
of  tneir  opinion,  and  so  you  would  have  seen  it 

Seg.  Jeff.  What  did  he  say  of  the  par&i- 
ment  since  ? 

Maiteri,  He  said  tlie  parliament  that  sat  hit 
at  ^Vestminster  was  of  the  same  opinion  thit 
tliat  [tariiument  was. 

Scij.  Jeff.  Pray  ailerwards  what  disooanl 
had  you  about  hi«  colonelshijiP 

Masters.  We  were  talking  at  Guild- IlaOthH 
day  tlie  Common-Council  vrea,  the  IStkif 
May  aaneaf  M I  renafBUwT,  uq  I  cmboIp  JmWi 


6ir]        STATK  TRIALS  S3  Charlfs  II.  I6S1.— /or  High  JVegson. 

^         How  notr,  eolmiel  OoUcdge,   Raid    I,  \vhat(lo 
Ton  mike  rbift  bustle  for  ?  You  luUtook  ine, 


iV 


auiisaid,  C^oiisid,  howloBcrliave  you  au«J  I  bi-eii 
riiMMiiw?  Nay,  prithee  sawl  I,'  it  is  not  yot 
eontetotbat,  to  own  kiuJiiMl  l»etwccii  us,  I  (»nly 
RiiHyuu  cokwd  iajost.  Marry,  muck  uot, 
^  lie,  I  iiiav  be  oue  in  a  Utile  tiluc. 

Swj.  Jflf.  Have  you  any  tliintf  to  &sk  Mr. 
Muten  f  Y'ou  know  he  is  your  old  acqu&iut- 
ttce,  you  know  him  well. 

Tbeo  Sir  William  Jtnnings  waa  sworn. 

JwL  Jonct.  What  is  that  you  know  concem- 
iogMr.  ColiedjE^  at  Oxft^nC  Sir? 


^w^  him  not,  nor  nerer  had  any  word  of  dts- 

c<<sne  with  him  in  my  life,  any  more  than  seeing 

kuBin  a  publiccofllee-hou.se.    Bntthereii-asa 

fMore  Jookiog'on  by  7,  or  8,  or  10  people,  1  be- 

brtinore  or  less,  and  I  coinintjf  crowding  in  my 

Jiwi  among  the  rest,  looked  upon  this  picture. 

^fbr  the  crowd  was  over,  Mr.  Colied^^e  take^t 

•jKtnre  out  of  his  pocket.  an<l  said  he,  I  will 

^pnymt  one  of*  thein  if  you  will.    8o  he  gives 

inea|Ncture;  which  picture  il' I  could  see,  I 

<*Bid  M  wh«t  it  was  ;  it  was  writteji  <  Maca 

^^t*  and   there    were  several  figures  iu  it. 

(Tfen  fhe  picture  was  shewed  him.)  This  is  one 

ii  the  same  that  I   had  of  him,  and  I  had  not 

UitloM^  in  my  custody,  but  meeting  with 

'vHieeWarciip,  I  sheweJ^   it  him,  who  hid  me 

live  it-him,  and  no  I  did.     The  next  thing  that 

\Mwte  Mr.  CoUedge  do,  was  in  the  coffee- 

W*i,  not  the  same  day,  but  another  time.     I 

*K*fai  Ining  in  a    |»arcel  of  blue   ribband 

^|M  was  WTOu^t,  and  these  words  eight 


Mhimtobe,  a  yard  of  that  ribband  for  two 
ihihiM,  and  trnlfy  I  was  thinking  he  wonid  ask 
^l»BQy  some  too,  and  I  Maw  Uiat gentleman 
(1  took  him  to  be  a  parliament  man)  take  this 
'ihbtjMl  and  tie  it  upon  his  sword.  As  to  the 
^^  thmg  I  have  to  say  ot*  Mr.  CoQedge ; 
^  very  4tey  the  parliament  was  dissolved,  he 
^  been  in  a  quarrel,  as  he  told  me,  with  Mr. 
^i<ig<enitd  ;  and  I  was  standing  in  theSchool- 
HoveYard, and  he  comesdirectlv tome with- 
^my  speaking'  to  hiui  or  any  thing ;  but  he 
coaKi  and  tells  me  Mr.  Fitzsferakl  had  spit  in 
^6ce ;  and,  said  he,  1  spit  m  his  face  again ; 
**«eweiitto  lograferheads  together,  I  think 
^  was  the  word,  or  fisty  cufls.  8o  said  I, 
^-  Colledge,  your  nose  bleeds  ;  he  takes  his 
^■ttdkerciiief  out  of  his  pocket  and  wipes  his 
'^oie.  and  said,  I.  have  lost  the  first  blood  in  the 
ctose,  but  it  will  not  he  long  before  more  be  lost 

I.  C.  J.  Where  was  this  ? 

Sir  [V,  Jennings.  In  the  school-house  yard 
tt  <hDon.  I  never  discoursed  with  hiin  after- 
wards till  1  met  him  at  London  in  Fleet-Street 
aoe  Buttday  in  afternoon,  and  1  remember 
captain  Creseett  was  along  with  me.  And 
whMi  hsowM  vp  to  me,  Mow  low,  gaid  I; 


honest  joiner  f  Snys  he.  You  call  me  honest 
joiner,  souic  call  me  rogue  and  rascal,  I  have 
been  boHtiitir  souiC  Of  them  ;  so  that  1  believe 
they  will  bo  aware  of  it.  So  I  told  captain 
Crescctt,  I  never  met  this  man  but  he  was 
always  in  a  quarrel. 

Coll.  \\  as  it  on  a  Simday  that  I  told  you  I 
had  iK'eii  beating  somebody  r 

Sir  H\  Jtnninf^s.  Vou  told  me  so,  Capt. 
Crescett  was  by. 

CoU.  1  do  remember  I  met  you,  but  I  did 
uot  tell  you  I  had  then  been  beating  any  one. 
Rut  pray  sir  William,  when  1  met  you  after 
tlie  parfiament  was  dissolved,  and  Fitzgerald 
and  I  had  quarrelled,  did  I  say,  That  1  liad  lost 
the  first  blood  in  the  cause,  but  it  would  not  be 
long  ere  more  were  lostP  8ir  William,  you  are 
a  gentleman,  as  for  the  other  men,  they  don't 
care  what  they  say,  nor  do  1  so  much  regard 
them ;  but  you  value  your  word  and  honour : 
These  were  my  words,  and  pray  will  you  re- 
collect yourself  belbre  you  be  positive  iu  the 
thuig  whether  I  did  not  say,  I  have  lost  the 
first  hhxxi  for  the  iHurliament,  (for  it  was  upon 
mv  vindicating  oftne  Commons  and  Dr.  Oates^ 
whom  Fitzgerald  had  abused,  and  upon  that 
the  quarrel  began :  so  I  said  when  you  met  me, 
and  told  me  my  nose  bled,  I  have  lost  the  first 
blood  lor  the  parliament)  I  wish  it  may  be  the 
last. 

Sir  W.  Jmninfis.  Mr.  Colledge,  if  you  pleasa 
I  will  answer  you  as  to  diat ;  I  do  assure  you 
'tis  the  first  tune  that  ever  I  came,  upon  this 
occasion  in  my  days,  and  I  have  declared  it  U^ 
tore,  and  do  declare  it  now,  I  would  rather  have 
served  the  king  in  three  engagements,  thaa 
come  in  against  you  or  any  man  upon  such  an 
occasion.  But  I  declare  to  you  upon  the  whole 
memory  of  the  truth,  the  words  were  as  1  spoka 
them  at  first,  and  no  parliament  named  or  men* 
tinned.  And,  my  lord,  moreover,  I  ^ill  tell 
you,  wlien  I  did  tell  this  story,  because  that 
Mr.  Crescett  is  able  to  tell  you,  whetlier  I  did 
not  relate  the  words  within  half  an  hour,  or  a 
Uttle  time  aftiT.  Now  I  never  had  a  prejudice 
against  you  m  my  days,  nor  other  concern  ; 
hut  having  told  Mr.  Justice  Warcup  this  story, 
I  am  brought  hither  to  testify  it. 

CotL  Su*  William,  I  am  very  sorry  you  did 
not  observe  and  remember  my  words  then. 

Sir  W.  Jenningt.  1  must  needs  say,  I  could 
not  imagine  what  the  words  meant  wlien 
they  were  spoken,  nor  do  I  understand  them  to 
this  day  ;  but  soon  alto  they  were  spoken,  I 
related  them  to  justice  Warcup,  he  being  a 
justice  of  peace. 

Serj.  HoUoway.  Gentlemen,  we  shall  rest 
here,  and  conclude  our  evidence  for  the  king 
at  present,  to  hear  what  the  prisoner  says  to 
it ;  only  with  my  k)rd's  leave,  I  shall  explain 
the  words  to  you  that  are  in  the  indictment,  and 
tell  you  what  is  meant  by  compassing  and 
imagining  the  death  of  the  king.  The  seizing 
the  person  of  the  kinff  is  in  law  a  compassing 
and  mtending  his  dcatq  ;  and  so  it  hath  been 
adju<toed  in  several  cases,  as  in  1  Jacobi,  var 
ior^  Cobhao,  and  my  iurd  Grey's  oaye,  an^ 


6X9]     STATE  TRIALS,  33  Charles  II.  ]681.— TVia/  of  Stephen  ColUdge,     [6-20 

Coil.  My  lord,  the  foundation  of' this  indict- 
ment is  said  t»  be  laid  here  in  Oxford,  ai  I  sup- 
[wse ;  pray,  my  lord,  here  is  only  Mr.  Ihicrilalc 
and  Turl>crv'ile  that  swear  a|i;ain9t  me  for  what 
I  should  say  in  0\on,  all  tlie  rest  speak  to 
thiiii^  said  and  done  at  London.  Now,  my 
lord,  I  desire  to  know  whether  they  Imtc 
proved  any  treasonable  practices,  conspirtry 
or  design  in  ine  aj|{ainst  the  eoTemment,  I 
would  iain  know  that,  whether  there  be  matter 
hnre  to  j^und  an  indictment  upon ;  for  tJie 
one  says  in  one  place,  the  other  m  the  other, 
which  "^  may  be  distinct  matters,  and  none 
of  them  8\v«ar  facts  against  me,  but  only 
words. 

Just.  Jones.  Yes,  prmidingf  arms  for  yoor- 
sdf,  and  ofl'ering  others  arms. 

CW/.  That  1  shall  make  this  answer  tn,  I 
had  only  a  case  of  pistols  and  a  sword,  which 
every  iootman  and  horseman  had,  that  cane 
from  London,  I  think.  But  ftirther,  my  hiH, 
1  would  ask  your  lordship,  whether  thne 
ougfht  not  to  be  two  witnesses  distinct,  to  swcir 
words  at  one  and  the  same  time. 

Just.  Jones.  No,  no,  the  resolution  of  the 
judges  in  my  lord  Stafford's  Case  is  quite  co^ 
trary. 

L.  C.  J.  Look  vou,  it  hath  been  oftn  ito- 
solved.  That  if  there  be  one  witness  that  profci 
one  fact  which  is  an  evidence  of  treaaon ;  ni 
another  proves  another  fact,  which  is  an  Cfi- 
denccof  the  same  treason,  though  they  behil 
single  witnesses  to  several  facts,  yet  they  of 
two  witnesses  to  an  indictment  of' treason,  that 
liatli  iKicn  ofu*n  publicly  rcfwdved,  jmrticuliirly 
in  tiic  c.i«tc  of  my  lonlVituffonl,  nientioned  by 
my  brother.  And  I  will  toll  you  my  opinion 
fiirthf  r,  li'  there  be  one  witn»*ss  that  pn»Tes 
liej-e  what  yuu  said  at  Oxford,  and  anotli<Tiltat 
proves  wiiutwus  said  in  Tj«>nd<m,  if  they  heio 
onii-r  to  tiie  same  treason,  it  is  sufficient ;  fiif 
iC  vou  d<»  conspire  in  ronmiit  vSucli  a  trvastnin 
London,  and  you  conie  with  suc-h  :in  imajfim- 
tion  ill  your  heart  to  Oxford  to  complctv  thK 
treason,  tlioiiijfh  your  desif^n  was  n<it  tirsi 
liirineil  here,  1  think  it  is  enou«;li  to  roaiiitiin 
au  iiidietuient  of  treason,  and  tliev  arr  tu«i 
good  witnesses,  tli(»ugh  but  one  s|»rnk  tf»  ^That 
was  (lone  at  Oxford ;  but  1  must  t"ll  yon,  io 
your  cast\  iliere  mti  two  full  witnesses,  to  tint 
>\hieit  was  done  at  Oxford,  Itesides  sir  AViliiain 
Jennint^. 

Coif.  That  whieli  sir  M'illiam  JrnniiHT' 
speaks  of  i  told  you  before  what  it  was  1  '^aiA* 
It  wa>  the  lirst  bl'KKi  tliat  was  shed  f(»r  tht 
paclitinient. 

*)t\<i.  Jtni(s:  The  fiarliament  wa**  dL«solTCil 
hi  r'on;  tliat  wlii«»U  si;  William  Jennin!rt  sfieak* 
o.*",  th«  refoif  \iMi  cuuid  not  say  it  was  lodet'iiid 
tiie  pariianK-nt. 

(.'.'//.  ^\t.  Diiirdulr  lii  1  say  that  1  spjkrsurh 
and  Niii'li  words  in  the  harlicr's  .shop  in  ^\^ 
Aiiuel-lnn,  there  1  was  iiider«!  ut  the  time  that 
liod«M*s  sjH'ak  of,  and  the  Kirbifr  was  by,  1  «!• 
lUink  indeed  it  wen;  eonvenient  to  have  W* 
hci'v  ;  but  I  know  not  w  here  he  would  cbar|[« 
me,  or  what  it  m  as  be  would  chu^  mc  «itb* 


veral  other  cases  ;  and  so  you  may  fully  ap- 
|M«liend  what  the  ( harge  is,  and  may  undtT- 
stand  the  words  in  tlie  indietment.  That  if  you 
are  not  satLsiietl  with  the  g-oneral  words  of  com- 
passing the  king's  death,  you  may  know,  that 
the  seizing  his  |)erson  extends  to  it. 

Serj.  Jeff]  My  lord,  we  have  done  with  our 
evidence,  now  let  him  go  on  with  his. 

L.  C.  /.  Now,  l\lr.  Colledge,  you  may  say 
what  you  will  for  your  dcieuce,  and  call  your 
witnesses  that  you  have  to  prodncrc. 

Coli.  My  ford,  I  have  himrd  the  evidence 
that  is  against  ine,  and  1  would  desin;  your 
lordship  to  resolve  me  some  questions  upon  it. 
I  think  the  indictment  is  for  treasonable  prac- 
tices, for  a  conspiracy ;  now  i  desire  your  lord- 
ship will  be  pleased  t1iat  1  nuiv  know  from  you 
ana  the  couit,  whether  in  all  t^is  evidence  given 
in  proof  against  me  a  conspiracy  is  proveil ;  or 
if  any  tiling  appears  besides  wnat  they  say  I 
said. 

L.  C.  J.  For  a  conspiracy-  in  you,  if  the 
wttneascs  speak  truth,  there  is  a  plain  proof, 
and  of  the  degrees  of  it :  tirst  of  all,  by  your 
publishing  libels,  and  pictures  to  maketh*e  king 
<Mlioiis  and  contemptible  in  tiie  eyes  of  the 
people,  and  that  you  should  be  the  author  of 
iKNDe  of  those  pictures,  and  they  were  found  in 
^ur  custody. 
.   Coli.  I  conwive  that  is  notpn>veiI. 

X.  C.  J.  If  the  witnesses  say  true,  it  is 
proved. 

Coll.  They  do  not  produce  that,  they  do  but 

»y  it-  ^ 

L.  C.  J.  >Ir.  nn{;:dnli'  swears.  That  at  Ox- 
ford here,  yon  .shewed  him  the  pietnre.  you 
i»ung  the  son^r  herf-,  mul  expmuuiod  it  at  my 
lord  Lovelace's,  nn<i  a  great  nmny  of  tiiein  a-.e 
found  in  your  eii»;l«Kly.  Then  that  you  pre- 
pared arms,  thai  you  shewed  Sinitli  the  anus  I 
4»f  your  house,  and  lia^aiir  tliost^  arms,  yon  • 
said,  you  would  go  to  0\fortl,  and  if  there 
^houlil  be  a  dLstnrbanee  there,  you  would  se- 
cure the  king.  And  you  did  rome  to  Oxford, 
where  you  hejir  what  is  said  ;  for  1  obsene 
Stephen  Ougdaleand  Kdward  Turber\iles|>eak 
of  what  was  done  at  Oxtord.  John  Siiiiih  and 
liryan  Haynes  speak  of  what  yon  said  at  l-on- 
dou  l)efore  you  went  to  Oxford,  and  at\er  you 
caine  fnmi  O.xlord.  Now  1  say,  if  these  wit- 
nesses speak  true,  'tis  a  strong  evidt-nce  aL^iinst 
you,  both  upon  the  statute  of  the  '2.)th  of  Kilw. 
the  :ird,  and  thai  of  this  king  too.  For  iny 
brother  Hollow  ay  told  you  true,  Tlr.it  whereas 
the  imaixinnig  tiie  deaili  of  the  kini,^  is  lii.vli- 
treason,  b\  the  jM\\  of  Kdw.  lli«'  iM,  so  a  sei<- 
intr  of  the  kini^,  and  endeavour  to  do  that,  is  a 
constructive'  iiuention  id  the  di'ath  eCihe  kintj^  ; 
for  kinufi  are  ne»er  prisoners,  hut  in  order  to 
their  de.uh.  And  ihe.vtore  it  hath  ixvn  h»'i(l 
in  all  liaies,  that  by  the  statute  of  Eilw.  the  M\ 
that  was  treason  ;  hot  then  liie  statute  of  this 
king,  in  thi>  i:ith  \r:ir  of  his  reign,  i.s  nioix' 
Stroll,.^;  for  there  ii  sayK,  If  any  man  shall  by 
any  wonls,  or  uialieitius  N]»eaiviiiiif  shew  the 
imagination  of  Ins  heart,  that  he  hatii  any 
sych  iotiuitioD,  that  is  trcosoa  too. 


621] 


STATE  TRIALS,  33  Charles  IT.  l681.— /ar  High  Treason. 


[6C2 


boraiu%  I  never  said  any  tliinj^  in  iny  lite  that 
uas  like  (reason. 

L,  C.  /.  Mr.  CoUctlgc,  call  what  witness 
ion  uill. 

Cotl,  Bnt,  my  lord,  pray  let  inc  ask  ycui 
/tne  question  more  ?  You  take  these  ^vonls 
dutinet  from  any  matter  oi*  tact,  dcm't  \oii  ? 

L  C.  J.  No,  compiicateil  with  the  fact, 
which  was  the  overt-act,  the  coniin&['  to  O.von, 
wif  ii  pistols  to  make  one,  if  there  had  been  any 
diiturbauce,  and  to  seize  the  king. 

Co*L  Then,  my  lord,  I  would  ask  yon, 
WiietlRT  any  act  of  tnason  done  at  Londf»n, 
5hall  be  &fi¥en  in  evidence  to  pro\e  the  treason 
tor  w  hich  I  am  now  indicted,  nnd  which  was 
pven  in  evidence  before  the  grand  jnry,  upon 
wliich  the  trial  was  grounded. 

I.  C.  J.  Any  act  of  treason  that  is  of  the 
ttue  kind.    And  I'll  tell  you  that  was  resolved 
m  sir  Henry  Vane^s  Case ;  those  that  jirave  you 
tbat  paper  understand  it.     But  1  speak  now  ti 
vour  capacity,  and  to  satisfy  your  question, 
he  tvas  indicted  for  lervin^'war  ajpiinst  the 
klag,  he  conspired  in  fVestminster,  the  uar 
Has  levied  in  another  county  ;  the  conspiracy 
upon  the  trial  was  proved  in  the  county  of 
Midfllesex,  and  the  war  in  another  place,  and 
yet  it  was  held  sufficient  to  maintain  the  in- 
dictment in  the  county  of  IVLddlesex. 

Cui/.  There  was  a  war  really  levied  ;  but 
God  be  thanked,  here  are  only  bare  words. 
Jnst.  Jones,  Yes,  actions  too. 
Coii.  What  actions,  my  lord  ? 
Just.  Jonts.  Arming  yourself,  and  coining 
toQxIbnl. 

L.  C.  J.    Well,  I  told  yon  my  opinion  ;  my 
broAiers  wUl  speak  their's,  if  they  tliink  other - 


Jort.  Jones.  That  is  not  your  case  neither, 
Iboicfa  I  am,of  the  same  ophiion  with  my  k)rd ; 
fiir  bere  are  two  ^vitncsses  have  proved  plain 
Slitter  of  fact  at  Oxford  ;  the  providing  arms 
yoomeif,  and  encouraging  others  to  take 
arms 

CoiL  Tliey  name  no  nei'sons. 

Just.  Jones.  Yon  will  have  my  opinion,  and 
yet  yoa  will  give  me  no  leave  to*  speak ;  I  had 
potieniw  to  hear  v<m  :  Y'ou  are  told  there  arc 
two  witnesses,  'rurliervile  and  Diigdale,  that 
prove  your  providing  and  having  of  arms  at 
Oxon,  and  persuading  others  to  take  arms, 
particularly^  Tiurbervile.  He  told  you,  he  had 
no  ai  mSy  or  but  a  case  of  pistols,  and  he  hud 
no  horse  ;  but  you  told  him  you  would  provide 
him  an  horse.  And  then  tfierc  are  two  other 
witnesses,  8mith  and  Bryan  Haynes  ;  they  do 
not  tell  you  of  any  thing  done  at  OxtunI,*  hut 
ibcy  ten  you  what  you  said  in  their  hearing  «d* 
what  you  had  done  in  Oxon,  and  so  I  tliiiik, 
if  the  witnesses  are  U»  he  l>clieved,  there  Is  a 
ven'  full  proof  against  }ou. 

/ust.  luwmnnd.  I  am  of  the  xamo  opinion 
truly,  and  1  cannot  fnid,  but  tliaf  tlicro  is  pioof, 
enough  by  two  witnesses,  Tnilien  il«j  and  Uug- 
dale,  of  what  vvas  doue  at  Ovfonl.  They 
swear  matter  of  fact,  not  words  only,  but  ac- 
tions also. 


CofL  No  fact,  but  that  I  had  pistols  and  a 
K\ff)nl,  and  that  Ishotdd  tell  Mr.  Furbcrvile  I 
uuuld  provide  him  an  horsi',  which  is  still  but 
wonls. 

Just.  Jones,  But  you  shall  hear  anon  for  the 
full  i:onviction  of  you  uiui  all  others,  tJic  sidtnte 
of  the  l^th  of  xh\s  king  read  to  you,  and 
vou  shall  there  see  that  such  \vonJs*ai*c  made 
treason. 

Coll.  But  I  beseech  your  lonlship  to  tell  me, 
whelher  there  mnst  not  be  two  witnesses  lo  the 
same  words  at  the  same  time. 

Just.  Jones.  -No,  it  was  the  resolution  of  all 
the  judges  in  the  case  ol' my  lor !  Htaffonl  in  the 
presen4*eofthepariiament,  and  the  parliament 
proceeded  cpou  it. 

Herj.  Jeff.  In  the  same  trial  where  Mr.  Col- 
letlge  was  a  witness. 

Alt.  Gen.  All  the  whole  House  of  Commons 
praytHi  judgment  u|K)n  my  lud  iHiafibrd,  pur- 
suant to  thai  resoluti<^n. 

L.  C.  J.  Come,  will  you  call  any  i^it- 
nesses  ? 

Cotl.  My  loi-d,  I  do  not  question  but  to  prove 
this  one  of  the  hellishest  conspiracies  that  ever 
was  upon  the  face  of  the  eaitli,  anil  these  the 
most  notorious  wicked  men,  an  alisolute  design 
to  destroy  all  the  prolestants  of  En-j;luud,  that 
have  had  the  courage  tuopj>osi>  the  pt>pish  plot. 
In  which  no  man  of  my  condition  hatii  done 
more  than  I  have  done.  I  was  brcl  a  protes- 
tant,  and  continued  so  hicherio,  and  by  the 
grace  of  God  [  uill  die  so.  If  thai  they  had 
known  of  these  uonls  that  I  should  s}>eak,  and 
such  a  tiesign  that  1  should  have  before  the 
parliament  sat  at  Ovon,  and  be  with  me  in 
Oxon  Mlien  the  parliament  sat,  if  tlie^  had 
been  good  subjects,  they  ought  to  haic  had  me 
appit;l)cnded.  Tnrl»er\i!c  came  several  times 
indeed,  and  dined  wi.h  mr.  I  did  not  bid  him 
go  out  of  doors,  nor  invitetl  him  thither  ;  he 
was  a  man  1  hud  nodisresiKH't  tor  ;  nay,  he  was 
a  man  I  valued,  thinking  he  had  done  the  na- 
tion ser\' ice  against  the  papists  ;  that  this  man 
should  hear  lue  speak  sitch  words  against  his 
majesty,  who  was  then  in  this  town, and  know 
of  a  dangerous  design  to  attempt  the  seizing  his 
person,  or  that  1  shoidd  discover  a  great  party 
that  wore  ready  to  do  it,  I  think  there  issi*arce 
any  man  of  reason,  but  will  say,  if  this  were 
really  doue  and  spoken  by  me,  neither  of  them 
would  or  ought  to  haveeoneealiHl  it,  but  discover 
it ;  none  of  tlieui  has  ever  charged  me  with  any 
such  thing,  they  have  Ik'cu  in  niy  company 
since.  1  never  had  any  con^-spondeucre  with 
any  of  them  but  l^ugdale ;  then  pray  consider 
how  impro1nd>le  it  it>,  that  1  should  talk  of  such 
things  to  pajiists,  jiriests,  and  Irishmen,  who 
have  broke  their  tai-h  with  their  own  jiarty,  that 
faith  V.  hich  they  gave  imdt  r  the  |)enalty  of 
d;unuutIon  ;  men  that  have  been  concerned  in 
p!ots  and  treasons,  to  muidtT  and  cut  the 
throats  of  protestants,  that  !  should  Ik;  such  a 
madman  to  trust  these  peoph',  when  1  could  re- 
ceive no  manner  of  oolig-ation  fnmi  fheiu,n(>r 
could  give  any  trust  to  tlieui,  they  hai  iug  befon; 
broke    their  faith  ;   espeiiaily  considering  X 


«£5]     STAT£  TRIALS/  33  Cii arlbs  II.  I^Sl— TmW  oj  Stephen  CoUedge^     [6^ 

not  know  this  man,  meaning  me :  Macnaman 
fold  him,  I  was  an  honest  roan,  he  might  h 
his  life  in  my  hamts.  After  he  bad  iMMien  i 
this,  be  desired  us  to  conceal  it :  Said  he,  I  wj 
not  only  discover  this,  but  a  great  deal  more  < 
their  rogueries,  tliat  I  know  very  well,  fejaid  I 
him  again,  I  will  not  conceal  it,  nor  do  you  i 
wrtmLS  f6riftlrishetrue,my  kirdShaftesbm 
shall  know  it  to  night :  for  where  there  b  a  d< 
sign  to  take  ai\*ay  a  peer  of  the  realm,  I  w: 
nut  cuncf^id  it ;  but  if  it  be  fiilse,  and  you  hai 
Kaid  nior*t  than  ooniea  to  your  share,  recant 
again,  and  we  will  take  no  notice  of  if,  only  st 
you  are  a  knave  for  speaking  of  it ;  he  swor 
Uanin  him,  it  was  all  tnie,  that,  and  a  gi« 
deul  more,  whiuh  he  said  he  knew,  aboi 
seissuig  and  destroying  the  pariiannent  at  Uxoi 
about  an  army  in  the  Noilli  that  was  to  1 
raised  about  the  time  of  the  sitting  of  the  pai 
liument  at  Oxon,  of  a  French  army  that  wasi 
land  ill  Ireland  at  the  same  time,  that  the  Dul 
of  York  was  to  be  at  the  bead  of  them,  as 
tiie  intention  was  to  destroy  all  the  ProMaM 
lipou  tills,  I  was  resobed,  if  I  lived,  to  con 
along  with  tlie.  parliament,  and  if  there  was  aa 
such  design,  I  was  resolved  to  lire  and  die  irit 
them ;  but  I  had  no  more  than  conomon  am 
a  sword  and  a  case  of  pistols ;  my  cap  was 
velvet -cap,  and  nothing  else.  My  lord,  I  hi 
the  honour  to  be  sent  for,  when  the  parliama 
sat  bist  at  Westminster,  the  sessions  in  Octobe 
it  was  an  honourable  occasion,  and  I  thank  thai 
worthy  gentlemen  that  sent  to  me,  for  the  hoBM 
of  it ;  there  I  begun  tu  be  popular  as  to  my  uaim 
for  from  that  time  tliey  bt-gmi  to  cairiiie  tk 
Protestant  Joiner,  because  the  parhaincDt  bs 


eould  lay  no  such  oaths  and  obligations  upon 
them,  who  was  a  protcstaat ;  tlien  it  n  the 
greatest  nonsense,  to  believe  that  I  would  say 
Siese  things   before  persons    whom   I  could 
never  hope  would  conceal  my  treasons,  having 
discovered  their  own.     If  tbey  speuk  truth 
concerning  the  general  Popish  Vlot,  tliat  could 
be  no  obligation  upon   me  to  trust  them  wiiii 
another;  and  they  cannot  sav,  that  they  e>er 
oblij^  mc  in  any  reii|>ect.    My  lord,  I  thank 
€rod,  I  have  had  some  acquaintance  in  tlie 
.world,  and  have  been  concerned  with  Kome 
persons  of  honour,  noblenien,  and  parliament 
men,  that  I  know  are  as  good  subjects  as  an  v 
his  majesty  has ;  these  ne\er  fbnnd  me  a  f(H>I, 
nor  a  rascal,  so  great  a  knuve  as  to  have  any 
such  thoughts  in  my  heart,  nor  so  great  a  mail- 
man, or  so  foolish,  as  to  go  to  discover  them  to 
papists,  priests,  and  Iristimeu,  to  mm  of  their 
condition,  that  were  ready  to  starve  for  bread. 
As  for   Haynes  and  8mith   that  run  so  last 
through  all'  their  evidence,  the  first  time  that 
ever  1  set  my  eyes  on  Haynes,  was  in  the  cof- 
fee-house that   he  speaks   of;    Macnamarra 
comes  in,  and  he  desires  me  to  go  put  witli  him, 
and  I  should  hear  the  grejitest  discovery  of 
a  piece  of  villainy  against   my  lord  Shafles- 
bury's  life,  that  ever  I  heard  in  my  life.    Tliis 
captain  Brown,  who  is  now  dead,  a  man  that 
I  had  known  but  a  month  before  (1  think  it  was 
in  Mareh  last  when  this  was)  could  testify  for 
me;  for  1  came  to  him,  Captain,  said  I,  here  is 
a  discovery  offered  to  be  made  to  me,  of  a  de- 
sign to  take  away  my  lord  Shaflesbury's  life. 
Macnamarra  asks  me  tu  go  to  the  Herculcs- 
Pillars,  I  went  along  with  him,  and  took  rapt. 
Brown  with   us.     Afternards  he  fell  siok  in 
A]iril,  and  is  now  dead,  so  I  lost  a  main  evi- 
dence in   the  casv.      lie  was  the  only  man 
that  was  by  at  the  time ;  G<mI  knows  luy  heart, 
I  s|)eak  nothing  but  the  trulli,  I  look  luui  with 
me ;  na\  nes  brir^^n  to  discover  to  us,  that  Fitz- 
gerald tad  employed  him  to  fetch  owr  Mac- 
namarra, and  if  he  would  come  in,  and  svvi>ar 
against  my  lord  of  Shullesbiiry,  which  was  his 
design,  it  would  not  \tc  long  en-  his  head  were 
taken  off,  and  he  said,  he  h:ul  ifi\t>n  in  a  pa^er 
of  lligh-Tifason  ayainst  my  lord  of  Shaltes- 
bnry.     1  askinl  wh;it  it  was:'    lie  told  me,  that 
my  loi-d  should  tell  rit/.-i^>rald.  that  he  had  a 
design  to  brin:*'  this  kingdom  to  a  Common- 
wealth,  and    to    nmt  out   the  family  of  the 
Stuarts.    This  he  said  Fit/.-tirt-nil(l  hud  given  in. 
in  a  paper,  under  his  own  hands ;  and  1  think 
he  said,  he  had  sworn  it,  and  sint  llavncs  to 
fetch  Macnamarra  lo  sncaragainslmv  lord  the 
i«ame  things  loo.     1  writ  down  all  tlie  hi*ads 
of  the  discoiirsf>,  ivhich  capt.   Hrown  heard  as 
well  as  I.     AtUr  he  hud  said  it,  he  di-siriNl  us 
to  ccuHM'ul  it.     Sir,  sni«l  I,  Yon  htk'  a  Mnuiijer  to 
me,  and  ihesc  an*  vrri-at  and  strange  things  that 
you  do  tell  ils  ;  Macnamarra,  and  Hro\>n.  and 
I\y,  and   others   wm*  tht'iv,  which  (if  ihey 
were  honest  men)  they  would  oouic  and  testify. 
I  thought  them  homst  men,  and  thnt  they  hud 
none  of'  thitse  viioke<l  dcsit^ns  in  ilieir  hearts, 
that  now  I  ftnd  they  liave.  So  sa\ » llay  nes,  1  do 


entrusted  me.  My  lord  Grey  was  pleased  I 
send  his  footman  tor  uie  to  the  Crown  Taven 
ht^hind  the  I'^xchaiige,  where  there  were  lie 
veral  worthy  lords,  |4<t^rs  of  the  realm,  and  1« 
i»f  the  Commons,  that  had  dined  there  tba 
da} ,  it  v%ai  the  day  before  they  sat ;  afU-r  tbei 
had  dintMl  1  canie  to  them,  and  tiie  duke  u 
Monmouth  told  me,  they  had  lirani  a  good  re< 
{Kirt  of  me.  that  1  was  an  hont.'^  man,  tbi 
understo«Hi  building,  and  they  did  contiiie  ii 
me  to  searcli  under  the  parliament- house;  tliej 
did  not  really  know  of  any  design,  buttbi'i 
wtmld  not  lie  secure,  there  might  be  whin 
tricks  plavtHl  thtm  hy  the  PanisLs;  thongfa  m 
are  not  afniid  of  them,  said  tne  duke,  yvi  w 
think  tit  to  employ  you  to  search  umler  tb 
houses,  and  tliercabouts,  whethiT  vou  can  fiu 
any  such  practices.  So  accordingly,  my  Iiwd 
1  did  t;o  ;  my  lonl  liovelace  was  one  of  tb 
honourable  lords  and  my  lord  Herbert  tba 
M  ent  w  ith  me.  and  some  of  the  gentleiueo  a 
the  Hotise  of  Commons;  and  tnose  iftuftb] 
IViiti^staht  loi-ds  were  please<l  to  thank  mctii 
my  srr\it*e,  and  did  iielieve  Iviasacmein 
zealous  to  find  out  and  discover  tlie  bottom < 
the  Popish  Plot,  so  far  as  it  came  b'^yi 
m\  way  lo  d«»  it.  My  b»rd,  ui>on  thivoecsiii 
there  was  a  great  kiminess  from  them  to  vH 
and  1  had  u|Min  all  occasions  testimonies  af  il 
ami  this  \ery  man  who  swears  treasons  agaiM 
me  (which* God  Alniight}*  knows  ii  aflfthi 


TATE  TRIALS,  33  Charles  II.  ]68i.>-/or  High  Treason. 


[6^6 


bit  aflEidavU  before  sir  Geor^ 
curder  ot*  London  (1  did  never  sec 
indeed  I  was  OFer-night  at  sir 
%  but  be  was  not  tbeti  at  leisure, 
;  up  next  day,  and  swore  it)  tbat 
!s^  to  destroy  the  parliament  at 
re  was  not  only  his  oatb  for  it, 
e  general  belief,  that  some  evil 
bem.  All  men  had  cause  to  fear 
:,  the  Papists  did  bear  them  no 
d  making  use  of  their  own  ob- 
*y  were  evnerally  armed  with  a 
ord,  for  themselves,  in  ca^  they 
eked  by  the  Papists.  In  oitler 
ome  down  with  my  lord  Howard, 
ure,  my  lord  of  Huntingdon,  and 
tt,  those  four  worthy  Protestant 
'as  two  days  ailer  the  parliament 
ve  came,  and  I  went  out  of  town 
r  lord  Lovelace,  sir  Tho.  Player, 
t  Clayton ;  and  I  am  sure  they 
at  a  tear  that  London  should  lie 

seized  on  by  the  Papists,  but 
nortal  man  tliat  ever  li«uxl  of  the 
eized,  or  thought  of  it,  till  these 
1  tell  me,  that  I  had  such  a  de- 
e  hither  with  that  purpose ;  but, 
eclare,  as  God  is  my  judge,  I 
'e  it  thought  I  speak  it  to  save 
e  it  OS  certainly  a  truth,  as  it  is 
,'  a  falsehood,  tliat  I  had  a  design 
ing,  I  know  not  of  one  man  upon 
i  earth,  that  was  to  stand  by  me, 
ui  or  other  person  whatsoever  ; 
possible  for  me  to  attempt  that, 
t  person,  with  only  a  sword  and 
^  let  any  man  judefe.  And  I  do 
low  of  no  conspiracy  or  design 
ng  or  government,  1  never  spoke 
asonabie  words  in  my  life,  tliat  is 
le,  nor  had  ever  any  thoughts  of 
g.  God,  that  is  niy'etemaljudge, 
khat  I  speak  is  true. 
Tell,  Mr.  Colledge,  will  you  call 
s,  tor  I  must  tell  the  jury  as  1  did 
St  concerning  Mr.  Attorney,  that 

said,  so  nothing  you  say  is  iq  be 
your  allegation  :  for  then  no  man 
I  guilty,  if  Ins  own  purgation  by 
» be  believed. 

k>rd,  I  thank  Ctod,  I  know  my 
y,  and  hope  to  prove  \l.  I  have 
ustliveto  etenntv,  either  in  joy 

act  according  to  those  principles, 
huve  aouie  assurance  oi'  my  own 
91 1  die,  I  would  not  call  G(xl  to 

to  Mve  a  thousand  liv;' ;.     My 

villaiiious  conspiracy  ug:'.iiist  me, 
I  place  against  me,  it  invy  go  a 
End  knows  how  far:  this* is  the 
Bhiffn-Pk>t  the  Papists  liit\  e  niadc 
Mmaots  to  get  over  their  own  ; 
IV  lord,  God  Almighty  will  never 
if  jAiey  can  make  me  a  traitor, 
11  apOD  oiliers,  ands0hop<^  to 


I  tliink  tlie  first  witness  tlial  swore  against  m« 
was  Mr.  J>ugda1e;  and  I  must  call  my  wit- 
nesses as  I  havethf*m  here ;  1  know  no  ii'TKon 
of  them  hardly,  and  this  that  \»  done  for  my 
defence  was  done  abroad.  My  lord,  I  hava 
been  kept  close  prisoner  in  the  Tower,  and 
none  of  them  suflcred  to  come  to  me,  whilst 
the  popibh  lords  ha\f!  had  the  liberty  and  pri- 
vilege to  talk  uith  their  friends.  l!(Te  arc  wit- 
nesses, I  h(*|)e,  will  prove  that  these  are  su- 
iNtrned  men  ;  for  Macnaniarra  did  tell  roe  pre- 
sently after  the  pariiantent  broke  up  at  Oxon, 
and  whisnercd  it  to  me  in  the  coflec-housc, 
said  he,  tnere  is  a  design  laid  to  make  us  re- 
tract our  evidence,  and  go  over  to  Fitzgerald. 
iSaid  I,  I  suppose  they  have  been  at  that  sport 
a  great  while.  Ay,  said  lie,  they  make  large 
oners.  Haid  I,  by  whom  ?  Said  lie,  colond 
Warcup  hath  been  at  me,  and  tells  me-— — 

Just.  Jones.  Macnamarra  is  not  produced  at 
a  witness  at  all. 

ColL  No,  but  he  told  roe  this,  that  there  was 
such  a  design,  and,  said  he,  1  wiU  get  you  and 
some  other  honest  men ;  and  he  desired  me  to 
be  by  when  he  had  something  more  to  tell 
which  would  do  his  business  for  him,  but  the 
next  news  I  heard  of  hmi  was,  he  was  pat  into 
Newgate. 

L.  C,  J,  Call  your  witnesses,  Mr.  CoDedge, 
and  prove  what  yon  can. 

Coil.  Gall  Mr.  Hickman. 

J/^  Gen.  My  lord,  I  desire  he  may  ob- 
serve the  same  rule  he  desired  about  our  wit- 
nesses ;  that  he  may  call  but  one  at  a  time. 

Coll.    Yes,  yes,  I  will  call  them  one  by  one. 

L.  C.  J.  Are  not  your  witnesses  together  f 
send  to  them. 

Coll.  My  lord,  I  do  not  know,  I  have  not 
seen  one  since  I  come.  This  is  not  th«  first 
time,  my  lord,  the  Papists  have  dengncd  to 
take  away  my  life,  though  it  is  the  first  time 
they  went  about  to  take  it  away  by  law. 

L.  C.  J.  I  know  not  one  Pftpist  that  is  a 
witness  against  you. 

Coll.  'f  here  is  never  a  roan  of  them,  except 
!  sir  Wm.  Jennings,  but  what  was  aPiapist. 


IZl  U.T 


•••■ 


I  treasons ;  but  I  say,  1  hope 
Ij^lvS  never  suffer  it.    My  loi-d. 


Alt.  Gen.   What  say  you  to  Mr.  Hasten f 
Coll.    Mr.  Masters  says  nothing  material,  it 
was  only  a  jocose  discoune. 

Htt^.'Jcff.  It  was  very  pleasmt  disooiine, 
upon  my  word ;  you  were  as  maiy  as  wbea 
you  were  singinff  of  the  Rary  Shcfv. 

Just.  Jones,  nliat  do  yon  mtkm  mirth  of 
the  blackest  trageily  that  ever  w ;  that  Lorr«j 
rel>ellion,  aud  the  mnrder  of  ifae  ksie  kiz^ '" 
Coll,  1  never  jtistified  that 
^  such  thing  that  they  did 
I  Just.  Jojtes.  He  swears  JL 
I  Aff.  Gen.  Hackman  docs 
i  another. 

Coll.  Call  WilliaB 
Is.  C.  J.   Look  rna 
!  to  be  sworn ;  but  v 
I  of  justice,  Tou  B 
of  G'jd,  and  oxdr 

ColL    1 
thmgfor 
2S 


tobw 


»?5 


ATJi    STATE  TRIALS  »CBitoW  H.  lg8W»HW<f'»if  liii  fiipi%i.     fGh 

.    X.C.J.  l|d#iflft1ild[iw1iityMwiL 

GMr  f  Anotbww  Ihe  g<utlcMMi.    But 
.yng^,  JSr,  will  ;fmii«ll  wfait  jMikMir  of  tew 


SftemM.  Name  my  of  tlfctt  diat  Iknofify 
imr,  fliryl  wai  tdr  yoo. 

.€oAL  DoTonkiiWBijtiiHayiietr 

A«M.  Tkiiofr  there  n  siidi  a  ntiii,  Imt  I 
liive  mnQuMig  to  say  to  him. 

Coil  PovouImowTiirberFiler 

.'/Hm,  nraytdlwhatyoaknoworhfan: 
,«  Skimm,  for  kud,  l  waa  in  TiitbenrilB>a 
ovnifiBy  on  Tbim^  night  last  at  the  GoUeB 
iVnla,  at  ChaiinguCfioai,  and  there  I  heard 
kirn  aay,  that  if  I  were  at  Oxford  I  ihonM 
hear  itrange  things  against'Cbnedge,  and  he 
would  lay  ten  to  one  that  Bfr.  Bethel  and 
Mr«Wifanore  sbouM  be  hanged  at  Christinas, 
and  he  would  lead  him  by  the  ffoM  chain  along 
Fleet-sireet,  and  down  with  nis  bneches  in 
jjhe  middle  of  the  coffee-house,  with  a  band 
•bout  hia  nedc,  and  a  cloak. 

Bm,J^.  Did  he  say  an  tl^ese  things  agahist 
Mr.Sbenff  Beihdr  1  assure yoo he b a bokl 


Coli^  What  do  yon  know  of  Mr.  South  r 

'  J§^'?*  ^  ^^^^  ^^^  ^  fi%bt,  but  I  have 
oottmg  m  particular  to  say  concerning  him.  I 
bare  aomeUiing  to  say  toTWacnamarra,  &r,  if 
ht  were  hei:e. 

CoH.  Do  you  know  any  thing  of  this  con  - 
Sfuracy  in  general  ? 

Just.  Jones,  What  ©f  yoiir  conspiracy  ? 

Shewin  I  know  thcy*^did  lay  who  sfioiild  be 
banged  at  Candlemas,  who  at  Christmas,  and 
who  at  several  other  times. 

Xfc  C  J-   What  did  you  hear  Mr.TurherTile 

my? 

Skann.  Those  words  I  spake  before  about 
sherifT  Bethel,  and  about  the  Amsterdam  cof- 
fee-house. 

Coll,  Did  they  say  nliat  time  I  should  be 
hanf^ed  ?  For  the  discoui-sc  rose  about  me. 

Shewin,    One  told  me  that  there  was  one 
that  did  de^^^i  to  be  retumod  upon  this  jnrvf 
that  was  re^oli-ed  to  hang  him  rijjfht  or  wron^. 

High  Sheriff,  My  lord,  I  did  near  there  was 
such  a  one,  and  I  lel%  him  out  of  the  jury. 

Ih  C,  J.  For  Mr.  SherifTs  honojir,  we  must 
take  notice  of  what  he  hath  said.  He  says 
he  heard  of  a  tnan  that  spoke  something  of 
that  nature,  and  therefore  he  left  him  out  of 
thejuiy;. 

Coll,  Now  it  is  possible  these  witnesses  were 
at  the  same  sport. 

Shewin,  Was  Mr.  Peacock,  IWrs.  Fitzharris's 
niaid^s  father,  or  she  here,  eiUier  of  them  wit- 
nessea  against  you  ? 

*ten.  Jefferies.  No,  they  were  not,  Sir. 

ColL  Tliey  did  swear  acraiust  me  at  tlie 
finding  of  the  bin. 

SaSlfj^^'^^'  ^®  ^^^^  ®"'y  called  these 
woneiiea,  if  you  can  say  any  thing  against 

^^-  Call  Henry  Hickman,  (who  appeared.) 
t}'  UollooHiy,  ^Where  do  you  li?e,  Sir  f 


ulM.  Osn^  WkiAlradtotHvyta<? 

JtttkKMtMm  M  caliBsl*iMnif* 

Jjm  Cm  ar*  ^rBnt'dn^MftME'llilBr 

CM  DnjonloKNrHafMtff 

toeettet^nrrlMdn  W^f&i/Uk 
WIS  ft  Milder  m  my  hnqae  wmv  T 
ana  ma  pOTWsi  wnsn  fnaiQiiRr  wi 
whenhe-wasftMSMr  indwTlael.  'I  il- 
wajs  had  ftwMynhm  he  ww«  priasl,  net  Ihit 
1  conM  neeose  him  vssi!^  of  vnf 'driMf,  bat 
hesevcnl  liuies  'nangtn  'eemn  vs  my  Inqr, 
I  thought  se  of  Imn ,  sad  dBee—iriag  with  wf 


ihst 
ive  wvr; 
HajMi^ 


I»,C*J*  Ybar  tenant  jmi  inein  P 

HiekKum.  Yea,  my  tenant.-  I  adosd  kr 
what  thisfeUow  waS  ;  aaid  ahe^  bn  isft  .mr 
dangepottsfdkyw.tboa^beia  npipirtpisdi  1 
am  one  "myself,  yet  he  »  a  dangAnm  psn^ 
and  he  does  not  vnob  tut  wmt  bn  sMn 
against  any  one. 

Just.  Jbnei.  This  jgrnrtsMMrtaM' yen,  wht 
do  yon  knnw  yotuself  f 

'Hickman.  Anetbertimn  Ba  «anie  t»  w§tk 
with  my  isnanl  Mrs.  tSksst^  wbo  m  iNMf  'gsss 
into  Iraand  ;  when  be  enmeta  tfce  banss^hi 
asked  me,  b  Mrs.  Soet  wiAbi  P  Yea.^anii  ],lfr. 
Haynes,  she  is  abiw« ;  and  apr  be  gnes  mi 
there  tbey  lodknd  the  4oor  atod  nhMbsi  sSI 
the  key  :  sol  slipt  off  my  shoes,  fori  tboMS 
theit>  might  be  m%»re  dangfr^  such  >S^ 
than  1  could  discoyer  any  other  way.  So  1 
went  up  stairs,  and  stood  at  the  door,  aad 
hearkened,,  hearing  my  landlady  talk  aomelhm^ 
to  him,  he  raps  out  a  great  mrai  <  God  damn 
'  me, '  said  he  *  I  care  not  what  I  swear,  nor  whs  I 
*  swear  against ;  for  it  is  my  trade  to  get  msncr 
<  by  sweating.'  Whereupon,  my  lorS,  I  easK 
doim  as  fast  as  I  could,  and  a  little  ailer  I  aawlum 
go  out,  and  as  soon  a^  my  landlady  came  down, 
said  I,  Mrs.  Scot,  1  desire  you  wovild  prsvids 
yourself  as  soon  as  yon  can  :  I  would  oe  drfl 
to  yon,  and  T  would  not  put  you  to  a  nonfduK, 
because  your  goods  by  tne  law  wiH  he  seised 
for  not  departing  according  to  the  Idnsf^s  pro- 
clamation. So  a  while  ago  since  tiiis  oosinesi 
of  Haynes's  swearing  against  my  lord  ofShaf- 
tesbury,  1  bethought  myself  of  some  odier  bn- 
sinesses  I  had  heard  :  To  find  ont  the  knaverr 
I  went  to  the  Fleet,  where  he  hath  arery  iO  cha- 
racter, as  well  amongst  the  papists  as  the  pro- 
testants.  Whereui>on  I  asked  one  fellow  that 
w  as  a  kind  of  a  porter,  if  he  knew  any  thing 
of  liim  ;  said  he,  go  to  such  an  one 

Serj.  Jefferies.  We  must  not  permit  this  for 
example  sake,  to  tell  what  others  tmid. 

7..  C.  J.  Nothing  is  evidehce,  but  what  yon 
kn(m'  of  your  own  knowledge ;  you  must  not 
tell  what  others  said. 

Hickman,  This  I  do  say,  I  heard  him  ssy  ; 
and  there  are  those  that  can  produce  a  letter-^ 

Seij.  Jeff.  Bring  those  people,  hut  yon  moit 
speak  nothing,  but  upon  your  own  knowledge. 

Hiekman,  1  was  at  the  chamber-door,  m 
looked  in  at  the  k6y-holo,  and  ha  sat  down  st 
the  window. 


t   » 


^29]  STATE  TRIALS,  33  Chablbs  II.  ]^81.— /or  High  TVrfZMm. 


[63ii 


L.  C.  J.  How  long  affo  was  it  pray  ? 
Hickman.  Avear  and  a  half. 
Att.  Gen,     riau  aca  an  eres-dropper  I  per- 
/cawe. 

Hickman.  I  did  not  know  what  danger  he 
might  hring  men  into,  became  he  wa»  a  papist 
I  have  taken  an  oath  to  be  ttue  to  the  king  and 
I  wiH  aa  long  as  I  live.  For  this  gendeman, 
1  nerer  beheld  him  till  last  night,  in  aU  my 
dsjrs  ;  though  he  lived  by  me,  I  never  saw  him\ 

L.  C.  /.  Well,  call  thenext. 

CtfU.  I  never  saw  this  gentleman  ;  but  you 
«e  what  Haynes  hath  declared. 

^ei^nJefferiu.  This  man  says,  he  did  say  so. 

Coll,  And,  fur  ought  I  perceive,  he  doc»  ac- 
cwdingly.  Call  Ehzabeth  Oliver.  (^Vho  ap- 
pctte£) 

LCfij,  Mrs.  Oliver,  stand  up.  What  do 
jMiask  her? 

ColL  Do  you  know  Haynes,  pray  ;  Bryan 
H^nes? 

Mrs.  Oliver.  Yes. 


Coll.  Pnj  tell  the  court  what  you  know  of 
him. 

Mrs.  Oliver,  I  know  him  very  well. 

L.C.J.  What  do  you  know  of  him  ? 

OHoer.  He  writ  a  letter  in  my  father's  name 
vnknowB  to  mv  fother. 

L.C.J.  Did  you  see  him  write  it  f 

Oliver,  I  saw  him  write  it. 

L.  C.  J.  Read  it.  By  whom  is  it  sub- 
scribed ? 

Clerk.  Byaobody. 

L.  C.  J.  Why,  liow  is  it  written  in  yomrfa- 
(ba^SAanie,  when  it  is  not  subscribed  at  all  ? 
Oiiver.  He  writ  it  as  from  my  fkther. 
8a^.  Jeffcries.  Whitlier  did  he  Ining  it  ? 
(Huer.  He  sent  it  into  the  country. 

SJefferiet.  Can  yon  write  and  read,  mis- 
Sliver.  Yes. 
9i^.  J^gpsrieg.  Who  did  he  send  it  by  P 

0/iver.  The  carrier. 

Sbq.  Jefferiti,  When  is  it  dated  P 

CUrk.  in  1677. 

L.  C.  J.  Read  the  letter,  (Which  was  done.) 

Xb  C.  /.  What  is  all  this  to  the  purpose,  un- 
less yoar  father  ims  here  to  prove  it  was  done 
witMai  his  knowledge. 

Oliver,  My  father  did  not  write  it. 

X.  C.  J.  Was  your  lather  in  the  Fleet  then  ? 

Oliver.  Yes,  my  lord,  he  was  a  prisoner 
then  ? 

ColL  Mis.  Oliver,  do  you  know  any  thing 
More  of  him? 

Oliver.  1  have  known  him  a  great  while ; 
I  know  him  to  be  a  very  ill  man. 

Serj.  Jef.  Must  she  tell  you  all  she  knows  ? 

Att.  tieu»  Did  you  ever  knowlum  forswear 
himself? 

Oliver,  No,  1  do  not  know  tliat 

L.  C.  J.  Come,  call  Another ;  this  is  nothing 
lo  the  purpose* 

CUf.  CallMrs.  Hail  (Who appeared.)  Pray, 
do  you  know  Mr.  Brvan  Haynes  ? 

Mis.  Hall.  Yes,  if  I  see  him  1  know  him 
very  weiL 

ColL  What  do  you  know  of  him  ? 


HalL  He  lodged  at  my  house,  and  came 
tliere  the  day  before  Fitxharris  was  tried,  and 
there  was  a  gi-eat  discourse  about  his  trial, 
and  I  was  enquiring  of  him  ;  and  1  told  him,  I 
must  expose  my  it^iorance,  I  did  not  know 
what  it  was  he  was  tried  for  :  and  said  he,  if 
you  please  to  sit  down,  1  will  tell  you :  madam 
I'ortsmouth  came  to  him,  and  went  upon  her 
knees,  and  b^jg;ed  of  him,  if  he  had  any  kind- 
ness for  his  majesty,  that  he  would  now  shew  it 
at  this  iuncture  ;  and  she  told  him,  she  heard 
he  had  formerly  acquaintance  with  one  Mr. 
Everard  abroad,  and  therefore  desired  him  to 
go  now  and  renew  it,  and  endeavour  to  get  him 
over ;  and,  if  he  could  possibly,  to  get  over 
some  others  to  make  a  Ftesby  terian  Plot  of  it. 
This  is  true,  I  very  well  know  it ;  as  for  this 
gentleman,  I  never  saw  his  iaca  before  ;  but 
those  were  the  words  I  am  sure. 
X.  C.  J.  What  were  the  words  ? 
HalL  That  they  mighTmake  a  Presbyterian 
Plot  of  it 
ColL  Did  he  say  so? 

HalL  He  said  that  the  duchess  of  Ports- 
mouth did  so. 
X.  C.  J.  Wliat  a  story  is  this  ? 
ColL  Did  not  he  say,  that  the  duchess  of 
Portsmouth  had  employed  him  too  ? 
HhIL  No,  this  was  about  Fiteharris. 
ColL    What   do  you   knoi^    more   abovt 
Haynes  ? 

nalL  One  night  he  had  been  about  some  bu- 
siness for  me  in  law  with  one  Mr.  Woodward, 
an  attorney  at  law,  and  when  he  returned  I 
was  busy  in  the  kitchen  with  my  maid  about 
the  house,  and  he  came  up  to  me  ;  Madam, 
said  he,  tliis  night  I  had  a  message  from  the 
king  ;  a  justice  of  peace  met  me,  one  brought 
me  word,  that  the  king  had  sent  into  Ireland  to 
enquire  into  the  loyalty  of  my  family,  and  ho 
liatn  heard,  that  my  father  was  a  loyal^  sub- 
ject, but  he  understood  strange  tilings  of  uie  ; 
but  if  1  would  come  in,  he  would  grant  lue  my 
pardon.     I  told  him,  said  he,  1  did  uut  value  his 
miycsty's  pardon  a  pin,  for  1  had  done  nothing 
that  might  make  mc  stand  in  need  of  it ;  but  I 
would  do  any  thing  that  might  tend  to  the  pre- 
servation of  bis  majesty's  person  or  honour  ; 
but  to  do  such  base  things  as  are  beneath  a 
man,  I  will  never  do  it ;  and  he  whispered  me 
in  the  car  (as  the  accusing  of  several  persoiis) 
and  since  he  (icntme  a  letter  by  his  motlier-iu- 
law,  Mrs.  Wuigticld,  that  1  sKould  not  )>elieve 
it,  if  I  heard  he  shuuld  accusc>any  body  ;  but  I 
miju^ht  be  confident  he  had  not,  nor  woaid  ac- 
cuse any  body. 

Co/l.  Was  he  to  swear  against  the  Protes- 
tants ? 

HalL  I  did  not  enquire  any  questions  ;  but 
he  said,  such  base  things  he  would  never  do  as 
the  accusing  several  persons. 

AU.  Gen.  Piii^',  mistrefcs,  did  you  believe 
him  when  he  told  you  he  was  so  honest  a  man  ? 
Hail.  How  do  you  mean,  Sir  P 
Att.  Gen.  When  he  said  he  would  not  do 
those  base  things,  did  you  believe  him  ? 

HalL  i  never  saw  his  face  before  he  came 


6m]    STSTZ  trials,  33  Charles  II.  lbSl.--riia/  i^Slephm  CMtige.      [692 

there  to  lodge  ;  but  I  saw  him  to  he  a  man 
that  made  but  little  cousi'ience  ot*  what  he  said 


or  swore. 

Att.  Gen,    Did  yoii  And  him  a  braq^ng 
man  ? 

Ha!f,  I  had  little  diiicoursc,  but  what  he 
said  of  himself.  Hut  tliere  is  one  thin;^  more 
about  an  rntelliofcnce :  wlien  ThomiMon  hail 
written  sumethiug;  in  his  Intelli^reocc  cuncem- 
ing  Bi-j-an  Hayn«;s,  he  said,  he  would  write 
an  answer  to  it ;  imd  accorflingly  he  reads  it 
to  UK :  he  said,  he  was  sfoiug  that  evening  to 
l^t  it  put  into  one  of  the  Intelligences  :  the 
words  were  to  this  |>ur|Kise  :  "  \^  hcreas  one 
Nathaniel  Thonipijt)u  had  lalsely  and  mali-  < 
riously  accused  one  Bryan  Ua\'nes  for  speak-  ] 
ing  treasonable  wonls;  he  tlie  said  Ihyan 
Ha^'ueii  doth  declare,  that  he  cliallrnges  any 
man  to  charge  him  with  it ;  hut  he  owned  he 
had  an  hand,  or  was  employed  to  put  the  Plot 
tiptm  the  dissenting  Prott^rtants/' 

L,  C,  J,  Did  he  publish  tliat  in  the  Intelli- 
gence? 

H«//.  I  never  read  it  puhhshed  ;  hut  he  had 
H-rit  it,  and  rcnul  it  to  us  several  times. 

Att.  Gen.  Do  you  go  to  church,  mistress  ? 

Haft.  1  hone  1  do. 

Serj.  Jeff.  To  what  church  ? 

Colt.  Call  Mary  Richards,  3Irs.  Hall's  maid. 
(Who  stmnl  up.) 

h.  C.  J.  What  will  you  ask  her  ? 

Coll,    Do    you  know  this  Hryan  Ilnyncs, 
pniy  ? 

Richarfh.    "N'es,  he  lotlgftl  there  where  1 
lived. 

('«'//.   W  \\:\\  jIh  n^mi  Ki!uU  ofhiiii  ? 

HicfmriL.  1  Kin'»\  In  vm\\  tinl  in  tlir  Intrl- 
li^CMcc  inv  iniMn"".  vimki-  of;  'rhniii|tsoii,  in 
h.s  IntnHiiirinT,  ;n'(M;^ii.^■llim  of  huvinLf  «|Hikrn  ; 
tn'iisoi).  he  rends  what  \\v  saiil  lie  a\i»iiI«!  put  ' 
into  the  liitcliiLTi'iicf.  that  he  wvwv  s[iuk<' one  . 
won!  of  tJva*;rMi,  and  he  writ  ii  for  lii.;o\ni  \mi-  | 
die;iti»n;  tliat  uhcnas  Nathaiiirl  Thoiepson,  in 
his  liitelliuviu-  ■  of  iht*  DUh  of  .liuif,  liad  i.iali- 
ri(>;i«.|v  ji'-.  iisi'il  Ktw  l*r\au  flavnes  of  trta- 
.*«oiirl»ie  words  :  thfS'r  was  no  siirh  tliinif. 

/..  (.'.  .(.    \miI  ihjit  was  to  \ indicate  him,  that  ' 
ln"  [h:v:  r  diti  ^jj;  ak  any  trrasoiiahle  woi ds. 

l\U'h'  )"':.    ^'.  s. 

/..  ('.  ,/.   \\  ill  \r;i  a^-K  h,  r  a:iy  tl.in;;  i-W  :' 

('«i//.   1  cannot  nil  what  ^\\^'  >a\^. 

1..  C.  J.  Sln'  sav>,  ]i«-  writ  ^«»in<'t'iinu'  that 
wR*;  in  niiswer  to    riioi:!j»son  >  Iiitrlli;^!  ».(•«■,  to 
vindicate  hiniNciftii:.!  he  no\\.r  did  .•"[.lakanv  > 
ircasonaMf  v.ords.  *    I 

('<•'/.   liiit  did  \ou   hiar  liiui    say  any  thin;;  I 
•  llht  s«'  Au>rd-'.  tfiat  h»'  was  c  in|iio\iti  in  a  Pint 
.i:;aiusi  th-*  IVott  nI.-i  n  ;■  "  j 

Kiihi!,./,.   I  I-,  ..d  th.H,  in  wh.ii  h.-urit  to  jwii 
in  the  Int.  l!i.;i  m  r.  tliat   h.-  i  iialini^.  i  ar.y  (  nr 
to  a|»|M  ;ir,  an:!  rhai^r  liiin    w'.x'u  n.ason  ;*  !>nt, 
said  he,  1  ou,it)i..i    I  w:is  rn:iilo\,d,  or  liad  a  | 
hand  in  |iu*iti.'u   ilu*   Vmy  njiMi  tlV'    •lis'^cntini:  : 
iVoli'st.n'.ts  ;  and   In-  trllinvf   my   mistres?*   hr  j 
had  a  uiej*  ;.r«'  fp'»ni  tin    Lini;:,  olfnhii;  him  hih 

Iianlon,  1  aski  d  him  why  he  did  noT  ar«ipi  the 
;ing*s |»anlon  '  Alas  ?  -i'-.d  he,  you  <lo  not  un- 


derstand what  I  was  to  do  for  it ;  I  was  to  dc 
such  base  things,  so  beneath  a  man,  that  I  will 
never  do  them  :  I  had  600/.  offered  me,  besides 
the  king's  pardon,  to  do  such  base  things  as  are 
beneath  a  man  to  do. 

ColL  What  were  the  base  things  he  said  he 
was  to  do,  and  would  not  do  ? 

Richards.  I  cannot  tell,  he  did  not  say  to  me 
what  thev  were. 

Att.  Gen,  When  was  this  ? 

Richards.  It  was  a  week  before  he  was  taken. 

Att.  Gen.  Tliat  is  two  months  ago. 

Co/ 1.  It  was  since  the  parliament  sat  at 
Oxfonl :  hut  what  was  that  he  was  eroptoyed 
to  do,  did  he  say  ? 

Rich.  Whvt  be  said  in  his  answer  to  tht 
Intelligence,  ne  was  one  that  hail  an  hand  ta 
put  the  Plot  upon  the  dissenting  Protestants. 

Coll.  CaUMrs.Wiugiield.  (Who  a]>peared.) 

L.  C.  J.  What  is  your  Christian  name  P 

Mrs.  Wingjicld.  Mary. 

L.  C.  J.  >\  hat  do  you  ask  her  ? 

Coll,  Do  you  know  this  Br^an  Haynes, 
pray  ? 

Wingfield.  Yes,  very  well. 

Coll.  What  do  you  know  of  hnn  ? 

Witifijield.  I  know  notliin^  of  him,  but  ke 
is  an  honest  man  ;  he  mamed  my  daughter, 
and  always  carried  himsi'lf  like  a  gentleman ; 
he  scorns  tlie  thing  that  is  unhandsome,  and 
never  did  any  thing  that  is  unhandsome  in  hit 
life. 

8erj.  Jcfl'.  Pray  how  came  you  bjr  this  wit- 
ness 'i  Have  you  any  more  of  them  .'* 

Coll.  ]  never  wiw'  her  l»efore,  hut  I  lielieve 
she  liath  saiil  something:  els^f  in  another  plac*\ 
Did  you  eiersjiy  the  nuilrary,  pray  ? 

Wiiif^Uflif.  Noh(Kly  i*an  say  m>;  and  I  had 
done  the  ^cntUinun  a  i^rcat  tleal  ot' wronjf,  if  I 
had. 

Coll.  Call  Mr.  W  halt  y.     (Who  api>eared.) 

L.  C.  J.  What  is  \ou'r  name.  Sir  f 

W'hnit  u.  John  U  halev. 

Coll.   l>id\ouknow  lJr\an  llavnes? 

Alt.  (iiti.'W\nn'  do  you  dwelf,  Sir? 

W'hulii/.  At  the  Hermitage,  U^yond  the 
Tow  «'r. 

Citlf.  I  do  not  know  y<»»»  Sir  ;  biu  what  do 
you  know  ol  him? 

Wlidli  u,  I  lu'versaw  von,  Sir.  tnitil  to-dav  ; 
hut  that  whieh  1  think  I  am  called  for  is  this 
t;i'»u;j;h  it  was  unon  Sunday  that  I  rccciud 
this  same  sulijxrna  to  comr  down  hither;  but 
ahout  six  \(jirs  ;«io,  l»r\nn  lla\nes  was  a  |»ri- 
soUi  r  in  tlu-  Kini;\s-henrii,  and  he  came  down 
to  the  cellar  which  1  had  taken  of  the  marslikl 
to  M-ll  drink  in  ;  niid  <*oniint;f  <low  u  to  drink 
in  iMM.-of  tht;  rooms  oft  III'  relhir  that  U-lonc^l 
tome,  he  took  away  a  tankard,  anil  went  up 
with  it.  One  of  the  nun  tollownl  him  ii|i  :  so 
I  Wi'iit  to  the  marshal  to  (*(nH}duin,  and  told  him 
of  it  ;  and  the  marshal  took  him  fn>m  the 
master's  side,  and  j)Ul  him  into  the  eoinmoo 
sidr.  That  is  ail  1  Know  of  him  any  way.  di- 
n-rtly  or  indirtTtlv. 

J.,  C.  J.    Why  di«l  yon  not  indiri  him  ofil.' 

Whulct/.  1  ucquainteil  the  next  justice  of  tht 


i33]  STATE  TRIALS,  S3  Charlfs  II.  iGSL-^/ar  HighTreotan.  [634 


pcsce,  who  was  the  marshal ;  and  he  put  him 
troni  the  master*!!  si<le,  into  the  common  side. 

L.  C.  J.    He  was  no  ^mmI  justice  of  the 
praiY  in  ttte  mean  time. 

Cifft.  Call  Mr.  John  Lun.    (Wlio  ap[)eared.) 
Di>  \oii  kn«iu-  Bnan  Haynfs,  Mr.  Lun? 

lutn.  I  have  seen  hira  twice  ;  the  lirst  time 

1  erer  saw  him  was,  I  ivent  into  tlie   Derby 

Ale- House,  to  enquire  fur  one  Micklethwayte, 

a   kinsuan  of  mine,   and  there  this  Bryan 

Ha^-ncs  was,  in  a  little  nKnn  next  the  ditch, 

Dear  the  door  that  goes  out  there,  as  if  he  Mce 

asleep,  and  he  rouwd  himself  up  ;  and,  as  I 

was  walking  there,  Nir,  said  he,  will  you  take 

put  of  a  tankard  with  me  (that  was  his  ex- 

yrefttkm.)     With  that,  said  L  I  do  not  care  if  I 

do.    And  the  first  thing'  he  bej^an  was  the 

killer's  health,  then  the  queen's  then  the  duke 

«r York's,  then  he  fell  very  foul  agr*iinst  the 

pad  jury,  because  tliey  hnd   not  found  the 

bill  igainst  ColledjEre,  who  is  a  gentleman  that  I 

MTer  saw  before  in  my  life  but  once,  as  I  know 

of:  and  be  said,  my  lord  Hhafteshiiry  was  a 

Ittde  toad,  but  he  would  do  his  business  very 

wddenly.   Then  he  ruled  upon  the  parliament, 

udniif  they  were  a  comjiany  of  rogues,  they 

wittjfirc  the  king  no  money,  bnt  he  woufd 

Mphoi  to  money  enough  out  of  the  fanatics 

I.    And  he  said,  fiiey  would  danm  tlieir 

to  tfie  devil  befbre  their  Catholic  cause 

sink. 

8e^.  Hotlowaif.  When  was  this  ? 

Ln.  It  was  three  or  four  days  after  the  bill 

*iibraiiffht  in  Ignoramus  by  the  Grand  Jury. 

Jott.  Janet.  Was  he  alone  ? 

Ln.  Yes,  he  was. 

Coil.  Is  that  all  you  have  to  say  ? 

Ln.  One  thing  more,  my  lord.    On  Mon- 

^  hit  I  was  at  Uxbridge,  and  a  gentleman 

Mhis  man  on  purpose  to  let  me  know  Imust  go 

toColehmok,  and  stay  till  they  came  thither. 

1^  I  came  there,  I  met  Bryan  Haynesat  tlie 

Cnwn  kitchen  winilow,  and  'he  was  stirring  a 

giMof  brandy,  and  sweetening  it  with  sugar  ; 

Hid  be,  Sir,  will  you  drink  ?  iK,tc  is  the  kind's 

WM  to  Tou :  So  I  drank,  and  askeil  him  how 

w  fid.    Do  you  know  me,  Sir,  said  he  ?    Yes, 

^  I,  I  dranx  xnth  you  once.     Says  he,  you 

^Te  a  good  memor\'.    So  then  a  pint  of  sack 

*ii  calM  fhr,  and  after  that  another,  and  then 

tiae  down  Mm.  I^cacock  ;    and  bt-inn^  very 

he,  «H  in   her  flowered  silks,  I  askcS  wliat 

Mlewoman  that  was  ?    Said  ho,  it  is  Mrs. 

nidHmv.     No,  says  L  it  is  not ;  they  say 

^  ii  flooe.     But  wiid  he,  it  is  Iht  maid  ;  and 

Bethel    is  to  marry  her  :  As  I  hav(»  a 

save,   1   tell    you    nothing  hut  what  is 

11ieTvti|Km,  said   I,  Sheriff  nfth<l  is 

muDtain  her,  he  hath  a  good  estate : 

4d  he,  it  shall  be  the  king's  ere  long. 

Cbff.  So  that  here  is  a  plain  dt'sign  against 

lAeprateatantii. 

Emh.  fio  with  that,  my  lord,  if  it  plcnse  your 

;  I  dapped  my  groat  down  at  tlie  liar, 

out  of  the  'room.     Nay  said  he,  let 

MM  heahh  more  ;  and  lo  he  had  his 

aid  I  had  mine. 


tkrilTBe 


IJiiynen.  I  humbly  desire  you  to  call  for  Mr. 
White,  the  king's  messenger,  who  >vas  by. 
1  nr\ersaw  the  man  before  he  was  at  Ux- 
bridge ;  and  ashing  Mr.  White  who  he  was  ? 
said  he,  his  name  is  Lun,  he  was  my  prisoner 
two  ^ears. 

L.  C.  J.  What  sav  you  to  the  disoounie  he 
talks  of  at  Fleet- BiiJgir  ? 

hnynci.  My  lord,  lam  upoa  my  oath,  and 
I  never  saw  hun  in  my  hie  before  I  saw  him  at 
Uxbridge. 

Lun.  I  will  take  my  Sacrament  upon  it, 
that  what  1  have  nverre«l  is  true- 

^^'  J^ff'  1  Kupimse  you  are  both  known, 
and  then  your  credit  wilfbe  left  to  tlie  jury. 

Att.  Gen.  Thfre  is  Jl^  W'hitc  ;  pray  sw 
him.     (Which  was  dune.) 


pray  swear 


L.  C.  J.  Do  you  remember  that  Haynes 
asked  who  Mr.  Lun  was  ? 

White,  It  was  at  the  bar  of  the  Crown-Inn 
at  Uxbridge  ;  and  I  being  there,  Mr.  Lun 
came  into  the  yard,  and  I  knowing  1^1  r.  Lun, 
asked  him  how  he  did  ;  he  said  he  was  glad  to 
see  me,  and  he  called  for  a  pint  of  sack  to  mako 
me  drink.  Haynes  stood  by,  and  he  asked 
who  he  was,  and  I  told  him  ;  and  we  drank  the 
king's  health  ;  but  for  any  thing  of  tliose 
words  that  were  spoken  there,  hir,  I  did  not 
hear  one  word  of  them  ;  but  he  thanked  me 
for  my  civility  when  1  summoned  him  up  to 
the  c<»urt ;  ami  seeing  Mr.  Haynes  by,  he 
asked  who  he  was  P 

Serj.  Jeff'.  And  you  take  it  iipon  your  oath, 
that  he  asked  who  Haynes  was  r 

White.  Yes,  I  do. 

Ser).  Jeff.  Pray,  did  you  hear  any  discourse 
that  time,  as  if  there  had  been  a  meeting  upon 
Fleet-Bridge? 

li'hite.  Not  one  won!  of  that. 

Lun.  I  will  take  the  sacrament  upon  it,  what 
I  say  is  true. 

J^rj.  Jeff.  We  know  you,  Mr.  Lun  ;  we 
only  ask  questions  alniut  you,  that  the  jury 
may  know  you  too,  as  well  as  we.  We  re- 
member what  once  you  swore  about  an  army. 

Coll.  I  don't  know  him. 

Lun.  I  don't  come  here  to  give  evidence  of 
any  thing  but  the  truth  ;  1  was  never  upon  my 
knees  b(*ton>  tlic  parliament  for  any  tiling. 

Serj.  Jiff.  Nor  I  neither  for  much  ;  but  yet 
once  ydu  were,  when  you  crie<l,  *  Scatter  them, 
♦  goml  fjOrd.' 

Coli.  Call  Mr.  Broadgate. 

L.  C  J.  What  is  yiiur  Christian  name.  Sir  ? 

Hfoad^ttte.  Jercniiah. 

I^  C.  J.  What  i\n  yfiu  ask  him  ? 

Brofiitf:.  My  lonl,*I  ain  a  stranger  to  tlie 
prisoner  at  the  bar  ;  what  1  ha\  cin  say  is  con- 
crniing  Mr.  Turbervile,  whom  1  UM'touc  day, 
and  he  aske<l  me  how  1  did  ?  Said  he,  I  owe 
you  a  little  money,  but  I  will  pay  you  in  n 
shoi-t  time  ;  but  if  you  will  go  to  Jriuk  a  glass 
of  ale.  No,  said  I,  1  am  in  haste,  and  do  not 
cait;  for  going  to  drink.  Said  he,  you  shall  go; 
so  away  we  went,  and  when  we  were  sat,  said 
he.  When  did  you  see  Turbenile,  that  was  my 
lonl  Powis's  butler ;  said  he,  he  was  a  great 


i3MiDod;^>iliiU  nj  0rldeilee»  and  ■fter- 
iranblM  cttiie  t»  me  with  Dr.*    ■  '0 


tarnypanioQi  iMtfl  trmUi  tiot  ftnireliu 
Ibr  the  uMb  wvlcL  ind,'  MwHngcfthe 
hte^entleiMie^nwl  he,  the  long*!  efiteee 
jvenoked  npte  m  DoHnog^  eg  pttbrfaedMider- 
iMeMeuiMbin,  and  Ibeir  MhuM  «n  lei- 

liwMni  noni  ttt&ti  cif  ^efei  uieni .  and  fenaidti 
ITi  W9nd'j^ nMi  wnal  I  have  aaid^  and  omne 
ajtathtf  oonftiwy $  and  he  vepaated  k,  yea^ 
amni  tile  fiuidr  «f  a  inai^  and  inn  the  Ugh^ 
Ml  nid  ho,  I  have  a  aool  aiMl  a  hody,  a  body 
Mr  a  liM9*b«t  ay  aoul  ftr  etandty.  and  I  ean- 
0a|  TO  from^it  He  went  bter  it  agahi ;  I 
ailig^t  ha««whttlwoald,  if  IwooUsofifom 
jRW  I  have  aaidy  aad.eome  tmon  tEa  oa»- 
itrttfy.  -■ 

iHI^'Oai.  Bat  he  doea  nel  go  Aom  any 
dung  of  what  he  hath  aaid. 

CoU.  Did  hesaywhat  ha  waeeiieiH«Bd 
tgrWhiMtt  r 

*  BriNH^:  GGaaalihe  had  ^«y  mat  eflhra 
fkemtheoooitifhewoQld  diiowiittepkilyand 
Ipa  npe^  uie  aonftvaiy. 

JU&  J.  Bothedoeanotdiaownitr 

Jnat  Jpni^Nay,  he  hada  aool  to  aavn,  and 
eanM  BoAgolMtDD  it. 

BaQ.J^.  YeataBcertheooirtvaiy,aBdthe 
Mttmy;  iHiatdid  heoMan  hvtiiatf  What 
ihtriioaMhediaown? 

Broa^r.  TVpopMhiJoC. 

L.  C.  J.  He  doea  not  diaown  it,  nar  nerer 
did  disown  it. 

ColL  He  would  make  a  presbyterian  plot  of 
it  DOW,  for  be  cannot  say  I  |an  in  the  popish 
pkt.  8ir,  do  you  know  any  thing  more  or  bim  P 
Or  did  he  name  me  T  Or  that  he  was  to  swear 
against  me,  or  any  Protestant  ? 

Broadg.  No,  only  he  said  the  king's  evi- 
dence were  Tilifled,  and  kioked  upon  as  poor 
inconsiderable  feUows ;  but  it  seemed,  if  he 
would  go  on  the  other  side  he  might  have  great 
prefemients  and  rewards. 

In  C.  /.  You  make  a  wronff  commint 
upon  it,  Mr.  Colledge ;  it  was  it  he  would 
retract  his  evidence,  and  disown  the  plot. 

CoU.  I  leave  it  to  ^onr  lordship  and  the  jury 
to  make  the  sense  ol  it. 

Broadg.  I  saw  Mr.  Tnrbervile  since  I  came 
hither,  and  he  asked,  Are  you  come,  Mr. 
Bfoadgatc,  to  give  evidence  against  me  f  Says 
I,  I  am  come  to  declare  tnrth,  and  nothing 
but  the  truth. 

Serjeant  Jfff.  You  might  have  staid  at  home 
ibr  any  thin^  material  that  you  do  endence. 

CoU.  CaH  Mr.  Zeal.    (Who  appeared.) 

X.  C.  J.    What  is  your  chns^an  fvune.  Sir  ? 

Zeei.   John. 

JLC.J.  WhatwouMjvouaskhimP 

fiferieant  HJoiUmay.  Where  do  you  dwell, 
fSfi-^Zeat.  InLondoB. 

Bm.Jef  WhereaboutaP 
*    Mnl  fi  Pettter-kiie. 
"^^e^.  Haitomt^.  What  eoontirynan  ava  yea 


JUbL  Ttj  m  TTifiaai 
mileaef  hmi. 


^i* 


Whattndabflhr 


JBW*  Momria. 
8eq.Je^  Hate  yea  aogr 
ZmL  Mj  Mhar  haaTl 
upon  a  nenoB  «f  Mali^. 
CM  DoytelMvTWherfihar 
JfaJL>Yea,8iriIdo. 


t 

bat  what 


CoiL  Whatdayea 

tdd  BM  whh  Ua  awn 

L,aj*  Dajfoa 
owniknowladgar 

.   ^l.OmrHMllr.l^nharnlaiold 
tHwr 

2eaL  Not  caooeniiw  Mr.  Colftadgv 


m*^ 


I'ii*  y  ■. 


ColL  I?y  w^aanaflOflrttiHaa. 

Z$aL  Y^  myMTlis  imathel 
awevethia  pmbytarian  plot. 

JLC.J.  We  Imaw  of  B0  MahjtorJ 

ColL  Con  yvu  mjWKyiSmmaiji 
knowledge  oaaeanuMT  TaibamMF  ' 

JSba/TNothhig  bat  what  Mr.  Ivy4ak 

SoQ.  Mfl  That  ia  net  otjonr  owi 
bdgiL  and  ao  It  ia  oatfii^-  fir  ha  is  i 
dooon !» thia  canae. 

ColL  Pray,  niy  lard,  give  mo  laate 
Mr.  Ivy. 

8en.  J«r.  Do,  if  yoawOL    (Heab 

CoiL  What  vraa  tLat  tou  heard  Tu 
say  of  me,  or  of  any  presbyterian  plot  i 

Ivtf.  I  never  heani  nim  say  any  thii 
presbyterian  plot  in  my  life. 

ColL  Did  not  you  tell  Zeal  of  such  a 

Ivy.  No,  I  never  did. 

CoU.  Hark  you,  Mr.  Ivy,  you  hav« 
against  me,  have  you  not  ? 

Ivy.  What  I  have  sworn  against  yoa 
other  person,  is  true. 

Cou.  What  have  you  sworn  against  I 

Ivy.  I  am  not  bound  to  answer  yon. 

CoU.  Did  not  you  call  me  out  with  I 
marra  and  Haynes,  to  the  Hercules  1 

L.  C.  J.  Look  you,  Mr.   Colledge, 
tell  you  something  ibr  law,  and  to  i 
rieht;    whatsoever  witnesses  you  cal 
cul  them  as  vntnesses  to  testify  the  tr 
you ;  and  if  you  ask  them  any  questioc 
must  take    what  they    have  said  as 
Therefore  you  must  n<it  think  to  ask  h 
questions,  and  ailerward  call  anotlicr 
to  disprove  your  own  witness. 

ColL  I  ask  him,  was  he  the  first  tin 
us,  when  I  was  called  out  of  the  coffee 
to  hear  Haynes's  discovery  ? 

L.  C.  J.  Let  him  answer  you  if  hi 
but  you  must  not  afterwards  go  to  d 
him. 

ColL  If  he  were  sworn  againat  me,  1 
not  ask  him  aiiy  questions,  for  he  k 
them. 

JLC.J.  Ask  him  what  yoa  win. 
ColL  Idearenot  ifhehttreavmi 


8371 


STATE  TRIALS,  35  Chablbs  IL  l6si^or  HigkTSrumk. 


nt,  for  tmly  I  cannot  expect  a  good  answer 
from  liini ;  but  be  was  by  when  mynes  made 
bii&coTery. 
L  C.  J.    Win  you  ask  him  any  questions? 
CoiL    I  ask  whether  he  hath  given  any  eri- 
deiuy  against  me  any  where  ? 
/ry.  I  am  not  bound  to  answer  you. 
I.  C.  J.  Tell  him  if  you  have. 
Ivy.  Yes,  iny  lord,  I  have. 
Co//.  Then  1  think  he  is  no  gdbd  witness  for 
me.  when  he  hath  sworh  against  me. 

Ivji.  1  have  sworn  airainst  him  and  others. 
You  know  that  you  and  1  have  had  a  great 
mtny  intrigues  atwut  this  business  in  hand,  and 
bowwedcah  with  Mr.  Haynes. 

L  C.  J.    Look  you,  he  does  not  call  you  for 
litness  for  him,  you  can  testify  nothing,  and 
Mjou  mw4  be  quiet. 
Cell.    Call  Mr.  Iiewes.    (Who  appeared.) 
L  C.  J.  What  is  your  christian  name  ? 
Latftt.  William. 

ColL  Pray,  Mr.  Lewes,  what  do  you  know 
about  Turbervile? 

Lovff .  I  know  nothing  at  all  I  assure  you 
of  him  that  is  ill. 

CoU»  Dcyon  know  any  thing  concerning 
aoy  of  the  evidence  that  hath  been  ^ven  here  P 
LetcfM.  If  I  knew  any  thing  relating  to  you, 
I  WDuM  declare  it ;  bat  I  know  something  of 
Mr.  Ivy ;  it  has  no  relation  to  you,  as  I  con- 
eeive,  bu*  against  my  lord  of  Shaftesbury. 

JL.  C  J.  You  would  call  Ivy  for  a  witness, 
•ad  now  you  call  one  against  him  ;  and  that  I 
toU  yon,  you  must  not  do ;  but  Ivy  is  not  at 
ilia  this  case. 
CM.  Do  you  know  any  thing  of  thereat  of 
OB,  Haynes,  or  Smith,  or  Dugdale? 
Lcsei.    No  more  than  what  Mr.  Zeal  told 

I  tidd  him. 

CoU.  Do  you  know  any  thing  of  a  presby- 
tmnplot? 

larcs.  If  the  court  please  to  hear  me,  I  will 
teilmv  knowlcM^^  of  that ;  but  I  know  nothing 
that  aflects  him  in  the  loMt,  only  that  which 
coneenM  my  lord  Shaftesbury. 

L.  C  J.  lliat  is  nothing  to  tlie  purpose,  call 
ttother. 

Leme$,  There  was  not.  to  my  knowledge,  a 
word  mentionfd  of  your  name :  I  will  do  you 
d  the  justice  I  can ;  if  I  knew  any  thing  con- 
ccniiv  you,  I  would  l>e  sure  to  relate  it. 

Coui  i  cannot  sav  who  can,  or  who  cannot ; 
I  am  a  stranger  to  all  of  it. 
L.  C.  J.  Well,  call  your  next  witness. 
Coll.  My  lord,  there  was  a  petition  present- 
ed to  the  common  council  of  London,  wherein 
they  set  out,  that  thev  were  tampered  withal 
about  a  Plot  against  the  Protestants. 
X.  C.  J.  A  |>etition,  from  whom  ? 
CoU.  I  cannot  tell  from  whom  ;  from  some 
of  these  witnesses. 
L.  C.  J.  Who  preferred  and  signed  it  P 
Co//.  Mr.  Turbervilewasone.  Pray  call  Dr. 
Dates. 

L.  C.  /.  The  prisoner  calls  upon  yon,  Mr. 
Oaiea.  What  woukl  you  ask  him,  Mr.  Col- 
ladgvP 


[(3S 

QolL  Where  is  the  petition  to  tfat  coramoa 
council,  doctor? 

Oaies.  I  have  it  in  my  hand. 

L.  C.  J.  By  whom  was  it  presented  ? 

Outefs  It  was  given  by  Mr.  Turbervile  and 
Bir.  Macnamarra,  to  Mr.  Wilmore. 

L,  C  J.  Was  you  present  when  it  was  de- 
livered P 

Oatet,  Mr.  Wilmore  did  deliver  it  to  me  be- 
fore lie  was  apprehended  ;  for,  being  to  come 
do^in  as  a  witness,  he  was  taken  up  and  oom- 
mitted  to  prison. 

L.  C  J.  Whose  liands  are  to  it  P 

Oate$,  I  know  Mr.  Turbervile's  hand,  ht 
will  not  disown  it. 

Clerk  readt.  It  is  subscribed  Edward  Tur- 
bervile, John  Macnamarra. 

L.  C,  J.  Look  you,  Mr.  CoHedge,  what  word 
is  there  in  all  this  petition  that  b  a  contradiction 
to  what  the^  have  said  now  P 

Coll.  I  did  not  hear  it,  my  lord. 

L.  C.  J,  They  say  they  are  constant  wit- 
nesses for  the  Ling  against  the  papists  ;  and 
they  have  been  tempted  to  unsay  what  they 
have  said  :  How  does  that  contradict  what  they 
say  now  ? 

Coll.  1  suppose  they  say  they  have  been 
tempted  to  turn  the  pbt  upon  othor  people,  and 
to  make  a  plot  upon  the  Protestants. 

L.  C.  /.  They  liave  been  tempted,  they  say, 
by  the  ppists,  to  unsay  what  they  have  said ; 
but  the  jury  heard  it  read,  and  will  give  it  ita 
due  weight.  Will  you  ask  Mr.  Dates  any  ques- 
tions P 

Coll,  What  do  you  know  of  Mr.  Turbervile  P 

Gates.  As  to  Turbervile,  my  lord,  a  little  be- 
fore the  witnesses  were  sworn  at  ^e  Dld-Bailey 
I  met  with  Mr.  Turbervile,  I  wasina  coach, bul 
seeing  Mr.  Turbervile,  1  stept  out  of  the  coach 
and  spoke  with  him  ;  for,  hearing  that  he  was 
a  witness,  I  did  ask  him,  whether  he  was  a 
wimess  or  no  against  Colledge  P  Mr.  Turber- 
vile said,  he  would  break  any  one's  head  that 
should  say  so  against  him  ;  for  he  neither  was 
a  witness,  nor  could  give  any  evidence  against 
him.  So  after  he  came  from  Cxon,  T  met 
with  Mr.  Turbervile  9j^9m ;  and  hearing  he  had 
been  there,  I  asked  him  if  he  had  any  thing 
against  Tnlledge  P  He  said,  yes,  he  had  been 
sworn  l)ef»re  the  granil  jury.  Said  I,  did  not 
you  tell  me  so  and  so  P  Why,  sud  he,  the  pro- 
testant  citizens  have  descirted  us ;  and  *  God 
damn  him,'  lie  would  not  starve. 

L.  C.  J.  Would  he  say  so  to  yon  ? 

Oaies.  Yes,  my  lord,  he  said  those  very 
words. 

Seij.  J«;/^Wft.  It  is  Mr.  Dates  saying,  it  u 
Mr.  Turbervile's  oath . 

Gates.  Several  times  he  did  repeat  it ;  but 
when  I  asked  him  what  he  had  sworn,  he  said 
I  am  not  bound  to  satisfy  people's  curiosities. 

L.  C  J.  What  say  you  to  it,  Mr.  Turber- 
vile ? 

Turb.  Mylord,  the  first  part  of  the  doctor's 
discourse  in  part  is  true;  I  met  him  just  at  mj 
bdgings,  and  the  doctor  alighted  out  of  hm 
ooMh  and  spoke  tone, and invitsdm^ to  coma 


ff59]     STATEITUAL^  33Chahlk»II.  \6%\.~Triat ^ Strphtm  C*Htd«t.     [^ 

iiislrv  of  thi^  eliuriTh  of  EhcIbihI,  anil  tW 
words  do  Dot  bei*uiii<:  a  iiiinisti.'r  of  the  ftmvcj: 
Ills  renly  wns,  ■  (itHl  ilumD  the  |;usp«l.'  TUa 
is  trutu,  1  »peak  ji  m  tlic  jiresenne  of  Uud  uid 


to  myohl  frwnda  ;  for  lie  tokl  me,  they  hail 
«aniejcatou«y  Htm  I  wns  ool  true  lo  thrai: 
Anil  he  iultl  me,  If  1  wouM  couie  to  tlie  Kiii|;'i 
JIm4  dull,  I  t^hould  be  received  tritli  a  tfrcBl 
^Mlwf  kinilntsi:  Anil  never  afterwards  iliil  I 
■prak  with  the  doctor  a  tjttle  ttbnut  aoy  evi- 
denee. 

ii.  C  J.  Uesai'l,  you«>id  younould  break 
•nj  oiie'a  bi«d,  that  taid  ma  viate  an  evi- 
dence aKaioBt  Colledge  i  Jor  you  were  ddI, 
nor  ODUM  be. 

7lf  ri.  There  w  no  sueh  ihiitg  wid  by  taru 

Alt.  Gen.  lJ|)oii  ^rour  oalh,  did  yuu  tell 
tiiniwr' 

Turb.  IJpoti  inyoatli,  I  did  lint. 

Srij.  Jf^en'oi.  Dir!  yuu  tp|l  hiiii  that  other 
iia»Hiffe,  when  voiinworeyOD  would  not  »l!ir»isi' 

Tiirb.  No,  I'did  i)<>L 

Oata.  Upon  the  word  of  ft  p-iest,  what  I 
Myi«  Inie.  My  lord,  1  domr,  as  1  am  >  nii- 
tlislcr,  J  sji'iak  it  lineerely,  iu  ll)«  pnsi^aeu  of 
Uod.lhiii  i^ntlemiui  did  sav  tbeie  wonla  to 
ue  ;  wliirh  maile  me  afraidvl' the  imui,Bnd  [ 
wctit  inr  ways,  and  arvei  aiioke  will)  liitn  uf- 
lerwonls,  nwdui^  E ;  r-<r  I  thuut>ht  lie  ttiat 
would  iw<>ar  and  cumc  afWr  that  rule,  wm  not 
fitiohetidkedwith. 

L.  C.  J.  It  it  veryiniprobnUe  that  lie  should 


'IVrh.     I  always  looked  upon  l)r.  Oates  ai 


vwv  ill  It 


ir  ? 


iluever  would  u>aterM  mDch 

ill  vou  ask  him  any  iliiil^  tuoref 

(Jules.  I  know  eolbing  of  Turberrile  fur- 
tfaei,  but  thul  be  did  present  this  petition, 
wh«rein  lit;  saya,  h«  lays  undei-  great  leuip- 
(ktioiu  to  \I0  OQ  the  other  aiilc,  und  sccuse 
M»e  i'rDt«stanli.  And  truly  till  I  beard  lie  was 
aneHdeoee  al  Oxnn.  aAer  what  be  had  aaid  lo 
me,  1  did  not  bdieve  it. 

Alt.  Ofn.  Dr.  Oatrs,  Mr.  Turberiile  hath 
not  oLangeil  sideit,  you  have ;  he  is  still  an 
•vidence  for  tlie  king',  you  ace  againat  hint.     . 

Oatu.  Mr.  Attorni:*,  t  am  a  nitoess  Inr 
tnitl^  aeaioFt  fuUt^booJ  and  Kuboruatian  ;  and 
it  con  i&iuly  be  mode  In  appear  tlief  e  is  Hubor- 
Datioa  ugbiiistlhu  Protestants.  And,  iiioreOTer 

L.C.J.  Mr. Oates,  yon  wouM  do  well  to 
nqriata  vouiiwll'. 

Sa^.Jel/trJo.  if  thtri!  be  any  BuboniatioD 
relating'  to  Mr.  Turbervile,  or  auy  of  the.  other 
wituesMS  that  have  nutv  ^iiarus^vjiul Colleiige, 
make  it  uot,  doctor. 

Of.'iti.  'i'hfre  is,  my  lord,  aud  tJiere  «ill  be 
made  i'liithiT  in  apptur  iu  tiaip  to  tome.  To 
my  own  kiioti'1edg,%  as  tu  Mr.  Sniiih.  Blr, 
Colledt^e  and  Mr.  Siuilh  had  soiofi  pnirok' 
ing  words  paued  betwixt  them  ttt  Richard's 
C«Sce-housn,  and  IVIr.  Smith  comes  out 
and  swears.  '  God  dtunn  biin,  be  would 
bare  Colledse'sblooJ.'  Su.  my  lard,  when  1 
nft  him,  $aid  I,  Mr.  SiDith  you  prufi.-M  your- 
■elTto  be  a  priest,  and  tiav«-  stood  at  the  aJmr, 
tad  MW  f  OB  iBteod  to  take  upm  you  the  mi- 


L.  C.  J.  Can  you  say  any  tiling  oJ'any  nf  llw 
other  wilnesaes? 

OaUt.  As  for  Mr.  Du^dale,  I  wu  ta. 
gaged  for  liim  lor  Ml.  Ihr  lust  Lent-asiuws,  be 
wanted  money  lo  go  down  to  the  asun,  haiisi^; 
paid  some  dtMs,  aud  paid  a»  ay  all  his  moan  g 
and  so  1  en^raged  fur  aOl.  that  he  horraweil  «f 
Jlii'hard  the  ooHee-man.  Alter  he  eaue Irai) 
Oxon,  I  catlud  upon  bim  lo  hasieu  M  Ret  k* 
money  oflliL-  Lords  uf  the  Ireasiu'y,  whicb,« 
near  as  I  rciactnber,  ivns  ordered  him  upon  liii 

e  lion,  tor  Kill  lieard.  Acd  that  lime,  uid  he^ 
I  hear  there  is  a  great  noisE  of  my  bdiig 
an  evidence:  a^insl  whom,  said  I :  agaiul 
several  Proteeuuit!!,  my  lord  HUwDsliuiy,  utj 
others :  ^d  I,  1  never  baud  any  tliiu^;  of  ii : 
Myahe,thereiBiiokHly  halhanTcau»etoni*k< 
uny  such  rejiarl  of  me,  for  I  call  God  to  wirne* 
1  know  nothiiiji:  naniiistuny  ProteiitaDt  in  Eiw- 
land.  Aller  Uiat  I  met  with  Duirdtde  at  Kk^ 
ard'seoHee-huuse.  and  uressing  hirofor^iDo.. 
itey,  andiiesnyin^'he  iiad  it  not  just  then,  btn 
would  pay  it  iu  a  little  time,  Mr-  Uugdale,  tail 
1,  you  hitte  soDe,  I  aiii  afmid,  against  yaw 
coDScieQce,  I  am  sure  agaioW  wliM  yuu  hate  ds- 
claredlome.  Sajdhe,  iiwasallalongofColaad 
\\  arcup,  fur  I  could  get  no  money  else. 

All.  G<n.  -Mr.  Oatfs  i*  a  I  borough  ■pDCtJ 
witness  figainsl  all  llie  kine's  evidence. 

Serj.  Jejerici.  And  yet  Dr.  Oates  had  bea 
•lone  in  some  matters,  had  it  not  been  fur  sonu 
of  these  witnewes. 

Oatei.  1  had  been  alone  perhaps,  and  peihapt 
uol;  but  yet  Mr.  S^ijeant,  I  had' always  ■ 
heller  rejiiituion  Ihun  to  ue«l  Iheir's  u 
siren  gtlien  it. 

Sei-j.  Jefftria.  Does  any  man  speak  of  yom 
reputation  ?  I  know  nobody  does  meddle  wilt 
it ;  but  you  are  bo  tender  ? 

CM.  Sir  George,  now  ainim  is  upon  iii 
life,  1  tliiiik  you  do  not  do  well  to  ftlhrant  hit 
witnesses. 

Se^.  Jeffcrici.  1  do  not  aiTi'ont  him ;  but  now, 


baiilh,  pr<iy  stand  up. 

L.  C.  J.  Blr.  Smilh,  do  you  hoar  nliat  Mr. 
Ostcs  hath  said  ? 

Smili.  No,  my  Lord. 

X.  C  J,  Then  speak  it  again,  Mr.  Oates. 

Oatm.  Ves,  uiy  lorit,  1  will  sneak  it  in  hi) 
lace.  Hesaid  coming  out  of  itieiinnl's  Coffee- 
House,  Uiey  haring  bad  some  provokinj;  words 
H4  I  undersiouil  wlimi  I  came  in,  (Jul  datoi 
lliat  Colhidge,  I  w  ill  hare  his  bt(H>d :  and,  tn; 
L'lrd,  when  1  did  reprove  him,  aud  Siiid  tohira 
Mr.  Siuiih,  you  have  liet'n  a  {iriHil,  and  st-nd 
at  the  aliar,  and  intDid  m  Im  a  ministf?  of  ihi 
ehnn^nf  Kugland  ;  these  words  do  Drtt  becoim 
a.  minister  of  llic  gospel ;  and  1ir  replied,  Gti 
damn  the  gospel ;  and  be  Went  awAy  • 

L.  C.  J.  What  say  vou  tu  it,  Mr.  Smithf 

Smith,  Not  one  word  ortli)siitnie,imBm 


C«l]  STATE  TRIALS,  S3  Charles  II.  l(i81.-/or  Wgk  'RtetM. 


[642 


Mtb.  It  is  a  wonderful  tiling  you  fthould  say  [  upon  tlioir  oaths,  and  deny  the  thinffs  affiin 
this  of  me ;  but  I  will  sufficiently  prove  it ,'  that  my  witnesses  prove ;  tberetbre  wnat  tbey 
against  yon,  that  you  have  coiiiuuudedthc^iiros-  -  j-        -•      ^  ^      n  .  .^i 

pel,  and  denied  the  divinity  too. 


Hjerj.  Jeff.  Mr.  Dujstlale,  you  heard  whut  was 
liaid  aflpaiiist  you. 
Oatc*.    My  lord,  now  Duifdale  is  coino,   1 

will  teJI  you  sonnntiiutf  more.    'Ilien;  was  a 

iv{Kirt  (§riven  out  by  Mr.  Dugdale*^  means,  that 

Mr.  Uugdale  was  (loisoned ;  and  in  truth,  my 

lord,  it  was  but  the  Pdx.      And  thii  sham 

pawil  throughout  tUe  kingdom  in  oar  Intclli- 

fences ;  and  this  1  will  make  appear  by  tlie 

^VBciau  that  cured  him. 
Mij.  Jrffrrits.  'VhtX  is  but  by  a  third  hand. 
(kief,  lie  did  cunlesis  that  he  had  an  old 

dip,  and  yet  he  gave  out  he  waa  poisoned ; 

kt  DOW,  my  l#rd,  as  to  what  1  said  before  of 

Uoi,  1  was  enga^  for  M>/.  for  .Air.  Ougrtlule ; 

^  von  own  that  ?— Du^J.  1  do  own  it. 
Oatei.  I  dkl  press  u|M>n  3  ou  to  haaiten  the 

ptjiBient  oiiL^Duisd.  V».'s,  you  did. 
Usrer.  And  did  not  you  come  to  me  and 

tell  me  there  was  a  noise  of  your  bc^in^  uji 

eridence?   It  was  in  time  just  bt-Um*  my  lord 

iMiaftcsbary  was  taken  up. 
Dkgd.  I  never  S|Kike  to  you  till  you  spake 

tome. 

Oute$,  Mjr  lord,  he  came  and  said  to  me, 
Aere  is  a  noise  of  my  being  an  evidence ;  now 
I  bad  not  heard  it  then,  but  the  day  aller  I  ilid 
hear  it ;  and  1  did  justify  Mr.  Hugimle,  because 
be  had  said  to  me  tliat  lie  ba^l  nothing  »«^Hinst 
aoy  protestant  in  fingland.  80  1  did  stand  up 
iaVnidication  of  him ;  but  my  lord,  alter  he 
fattl  swore  at  the  Old  Bailey,  I  met  him  a<rain 
and  pressed  him  for  the  money,  and  urgeil  him 
with  it,  why  he  had  sworn  against  Colk^ge, 
when  he  had  told  me  so  and  so  before  ;  ami  be 
said  it  was  all  along  of  Colonel  Warcnp,  tor  be 
could  not  get  his  money  else;  and  colonel 
If  arcnp  did  promise  he  snould  have  a  place  at 
tfaeciMtom  liuuse. 

Dugd,  Upon  the  oath  I  have  taken,  and  as  I 
hope  &r  salvation,  it  is  not  tnie. 

8en.  Jeffe rics.  H ere  is  Dugdale's  oath  against 
Dr.  Qates's  saying. 

Oate*.  Mr.  ^ie^)eant,  you  shall  hear  of  this 
in  another  place. 

Alt.  Ocn.  It  is  an  nnhappy  tiling  that  Dr. 
Oites  should  come  in  againsi'these  men  that 
sup|KU-teil  his  evidence  hi'fore. 

Dii^d,  My  lord,  1  s-iy  iurthcr,  if  any  Doc- 
tor* will  come  forth,  and  sav  he  cured  me  of  a 
c^ior  any  such  thing,  I  wilh  stand  guilty  of  all 
tliat  is  imputed  to  me. 

L.  C.  /.  Mr.  Colledgp,  will  you  call  any 
other  witnesses  ? 

Co//.  My  km],  I  think  tliis  is  not  fair  dealing  ; 


swear  mu^t  needs  be  taken  for  truth  :  But  if 
my  witness  corner  and  says  such  a  thing  upon 
tli«»  word  of  a  minister,  and  in  the  presence  of 
God,  and  which  he  is  ready  to  maintain  by  an 
oath,  sure  it  is  not  to  stand  for  nothing,  nor  to 
be  hooted  out  of  court,  because  Mr.  Dugdale 
denies  it  upon  his  00th ;  I  do  suppose  he  will 
not  acknowledge  it.  But,  my  lord,^  I  am  tha 
prisoner,  and  cannot  be  Jieani  as  a  witncfis  for 
mvself:  But  (2od  is  mv  witness;  he  hath  said 
a  great  deal  more  to  me  ibrmerly^ ;  and  he  hath 
told  me,  when  1  have  seen  him  with  Warcup,  and 
askeil  him  whjr  he  kept  company  with  Warcup, 
and  others :  said  he,  1  know  they  are  suspected 
men,  but  1  must  keep  company  with  them  to 
get  my  money;  what,  \ioidd  you  have  me 
starve?  And  \« hen  1  lent  him  rooueyoutof 
my  pocket,  and  trusted  him  witJi  my  horse,  I 
du n'd  him  for  money  and  could  not  get  it ;  said 
I,  Will  you  pay  roe  tlie  5/.  I  lent  you  t  H« 
put  me  oflT;  sail)  he,  I  sliall  have  it,  ror  the  At- 
torney General  hath  made  up  his  accounts,  and 
is  very  kind  to  me.  W  hy  then,  said  I,  why 
have  you  it  not  ?  said  he,  he  is  my  friend,  and 
I  do  not  ciueslion  the  geuing  of  it ;  but  here  is 
new  work  to  be  done,  such  work  as  my  con- 
science will  not  serve  me  to  do ;  there  is  more 
roguery,  they  will  never  have  done  plotting, 
and  counterplotting;  but  they  will  make  a 
thousand  plots  if  they  can  destroy  the  real 
one. 

L.  (\  J.  Can  you  prove  this  now  ? 

Colt,  No,  it  was  8[K)kcn  to  myself;  and  no- 
body was  by  but  myself. 

Xr.  C.  J.  Then  you  should  not  speak  it.  But 
you  asked  the  qui*stion  whetlier  a  man  may 
not  he  bdieveil  uiKni  his  word,  as  well  as  he 
that  is  ufion  his  oatn.  Your  witnesses  are  not 
upon  tlieir  oaths,  hut  tliey  may  be  h  itnesses, 
and  their  weis'ht  is  to  be  left  with  the  Jury  ; 
they  will  consider  how  improbable  it  is,  that 
thi^se  men  should  come,  three  men  to  ona 
man,  and  all  of  them  should  speak  that 
which  would  make  themselves  rogues  and 
\  illains ;  and  tliat  one  man  of  them^  Smith, 
should  say  such  vile  words,  as  ^  God  damn 
him,  ho  \>ould  have  his  blood;*  and  *  God 
daiiMi  the  GosiHfl  :*  That  Dugdale  should  con- 
fess he  was  wrought  upon  by  Warcup  to  testify 
against  his  consfience ;  and  that  Turbervila 
sliould  say  to  that  purjKMe,  he  would  not 
Stan  e  ;  tirey  have  sworu  the  contrary,  and  so 
there  are  all  these  three  men's  oaths  against 
one  man's  atfinnation  ;  but  it  must  be  lefl  ta 
the  jury. 

ddl.  There  is  his  affirmation  against  what 
tliey  three  say.     He  charges  every  one   of 


ivith  aman  for  his  life;  because  these  mm  be  .  ilie'm,  an'l  'tis*but  the  single  denial  of  avary 

—^—-^---^-— ----—---_--— __ j  one  of  them  to  his  diarj^. 

*  Dr.  Lower,  the  most  noted  physician  tlira  I      L.  C.  /.   *Tis  impossible  tliey  should  ovm 
in  London,  proveil  it  at  the  council  boani  iioth  i  themselves  such  villains  to  him. 
hy  his  biUs,  and  by  the  apothecary,  that  he  had  |      OoAl'-v.  They  must  be  so,  if  the}'  will  do  what 
been  under  cure  m  his  hands  for  tliat  ili»Hase ;  j  they  liave  iiuQertakeu.     I  hope  'my  word  wiJi 
which  was  such  a  slurupoo  Dagd.dc'»  uttdit  I  be  believed  as  soon  as  their  oaths, 
that  he  Bas  never  nssd  as  a  witaeM  more.  |      Cull.  It  is  no  I  to  be  thought,  but  whaa  tkty 

VOI-.  VII).  !  J    f 


htrr  sworn  '»n  BBwiost  roe,  thpy  will  deny  any 
■urh  llilin;  » h™  Hiej  are  cliarged  "itti  it. 

L.  C.  J.  Have  ynu  done  nilli  your  wit 
(WWKS  r     Or  will  you  cull  auy  ftiore? 

Coit.  Wbai  is  nid  u]iun  ^n  honest  man's 
ffort  in  the  fice  of  a  court,  is  rertaiuly  to  he 
bdierpil-ai t^ll  lui  nWtIs  awnm. 

'  I.  C.  /.  TIs  »  tpstiniooy,  that  is  most  cer- 
tain, and  must  be  lifl  to  llie  Jury,  flicy  miiet 
wcich  ene  tur^inst  ibe  otlier.  But  pray,  Mr. 
CMFcd^,  wHl  you  c*ll  your  witnesses,  fijr  it 
beginB  »  grow  late  ? 

Coff.  There  is  Mr.  Wilmore,  that  was  a 
matcrinl  nitntss  for  me,  who  was  Toreman 
uf  the  Cinmd  Jury,  tVintnould  not  find  the  bill 
ap*n  this  evidenee.  What  lie  hail  to  sty  I 
dnii'f  knnir,  but  I  am  informed  it  was  very 
material  for  me. 

/,.  C.  J.  It  will  be  enough  for  him  to  ctcar 
bim!<elf,  for  be  is  ebai^  with  HiijU-Tn»sini, 


"Hi-, 


^otl.  Cull  Aleimnder  Blalte. 

X.  C.  3.  What  do  you  ask  hiin  P 

Coll.  Do  yon  know  John  Sniilhi* 

bUke.  YeH,8ir. 

Cidl.  Pray  will  yon  teli  the  court  what  you 
know  of  Jiitin  Smith. 

hlakt.  1  suppose  you  mean  this  gentleman, 
Mr.  John  8milh,  gent.  "  -        - 


Ml,  and  tliis  Hay 
tery  nmlerial  tliint;;B  npiinsl  some  creal  per- 
Rous:  This  pnswd,  iind  iiilliin  few  da_\H  after 
I  met  BIr,  Smith  at  the  Exchange  "Coffee- 
hooee,  and  having'  Saluted  him,  1  destreil  him 
to  drink  a  gtoKs  of  wine,  and  so  vc  went  to  the 
8un-Taireiii,  and  when  we  were  there,  t  asked 
bim,  what  hn  sense u-as  of  HaynesiipdhisdiK- 
coveiyP  Said  be,  'lis  a  Sbnia-PM:  tasked 
hitn,  what  he  meant  by  that  Sham-Plol:  Suid 
be,  itia  s  Menl-Tub-Plot.     This  is  all  that  I 

I.  C.  J.    Would  inu   ask   him  any  tiling 

else? 

Bhke.  I  know  nntliingmore. 

Call.  Do  you  knirt*  any  thing  of  TorbervUe 
•r  niiEdaJe '? 

Blake.  Sir,  1  have  no  aequainlaucewilh  him, 
nor  desire  it:  But  I  was  acquainted  uitli  this 
gentleman,  Mr.  Smith,  I  know  bim  very  well. 

Sen,  Jeff,     You  say  well,  stand  down. 

ColL  tyi  Mr.  Samuel  Smith. 

L.  C.  J."  Wlint  ask  you  him  ? 

Call.  Wbnt  he  knows  of  Mr.  Smith. 

S.Sinitli.  Mr.  Join  Smith  and  I  have  had 
an  intimacv  and  Qu^uaintance  several  months, 
and  since  Air.  John  i^mith  swore  at  the  Old 
Bailey  against  Mr.  Tolledgt',  atid  was  gone  out 
of  town,  several  peojik'  have   talked  with  ^"" 


of  him?  I  told  Ihera,  I  believed  he 
holiest  man  ;  liowei  tr  I  would  not  believe 
otherwise  till  I  knew  a  re.-isou  of  it.  They 
tdld  me,  that  ho  Imit  worn  aijainst  Mr.  Col- 
Mge,  that  he  was  to  seize  the  king-  at  the  par- 
lian^eiil  at  Oxford,  and  that  there  was  1,SOO 
limeU  of  powder,  and  it  was  to  cmtj  on  a 


Presbyterian  Plot:  Said  I,  I  will  never  helim 
it,  anii  tlie  mlher  htiuiMe  be  halb  said  Tn  me 
often,  tb»«  was  u  Pojiiab  Plot,  but  lie  does  an 
believe  any  I'twdtylemn  or  ProUstaitt  Fl«; 
and,  said  I,  liirther  aa  to  tns  ^«in^  any  tti- 
deiire  with  Irishmen,  1  believe  il  less  for  thai, 
fbr  1  have  lieanl  him  olten  aay,  ihev  wer«  t 
eompny  of  rogues  that  had  done  the  Pn- 
testsot  inteteet  more  barm  than  ever  diej-ceaU 
do  it  good,  and  bid  me  have  a  caiv  of  Minunt 
iuli>  their  company,  and  many  other  incll 
thin^  that  Mr.  Nuiitli  here  knows  to  be  tn*. 
Then,  my  lord,  when  Mr.  Smith  came  hanw 
(lor  I  was  very  impatient  till  he  didoowe  bmor, 
to  hear  every  day  suuh  things  said  against  bin} 
I  wrat  to  him  to  see  him.  Said  I,  Couwi 
Smith,  I  have  had  great  oonthratH  about  jM 
since  yon  went  away,  but  I  hope  yoo  caji'ite 
that  ill  man  vou  an.'  represrntM  to  be,  and 
truly  I  would  be  sorry  it  shouM  be  *o :  Pra}'. 
coiiain,  said  I,  I  have  put  every  man  off  whh 
this,  that  I  WonM  suspend  my  belief  of  yoa, 
till  I  had  snnken  with  'yon  yourself;  wbn 
is  the  evideace  yon  have  mieu?  The^ 
say  you  have  awom  n  Pceitbyleriui  PW, 
or  a  Protestant  Itnt,  a  deMgn  of  saniir 
the  kin^  at  Oson,  and  nf  so  mnnv  hamk 
of  gHn-powder  that  were  proviiled.  Rhn 
my  cousin,  I  did  swear  no  such  thin^,  am 
iKVcr  n  word  of  any  imah  tUnfrnia  t'lOlistnil 
Plot,  or  k  Presbyterian  I^ot,  and  l>r^  do  bM 
beliei-('  it  of  me.  No,  said  I,  1  thought  yoo 
could  not  swear  any  sudi  thing,  because  yoo 
hare  said  nflen  to  me,  ymi  believe  there  was  an 
such  thing,  I  donotbeIieveityet,SBidhe  {and 
as  to  whslsnever  Colledgc  said,  I  did  trallie- 
lieTe  it,  far  he  did  not  believe  it  himself.  Aai 
Mr.  Smith  told  me  nfler  his  return,  diat  bt 
did  tmt  know  of  any  I'rotestant  concerned  in 
the  Pint. 

L.  C  J,  He  does  not  say  now  it  is  a  Protes- 
Unt  Plot. 

S.  Smith.  So  far  from  that,  that  he  told  m* 
after  his  return,  he  did  not  know  any  Proicsiini 
concerned  in  the  Plot. 

L.C.J.  Mr.  Smith,  thus  I  understand  van: 
jou  Bay  that  be  Eaid  to  you,  that  he  had  nni 
testified  any  thing  of  a  Protestant  Plot,  nor  W 
believe  there  was  any  Protestant  Plot,  for  ha 
did  not  believe  what  Cnlledge  said  himself:  «> 
by  that  discourse  thiTe  stvma  he  did  not  denv. 
but  be  had  testified  a^jinst  Mr.  Colledge  ; 

he  did   not  believe  thirr-  .i.-.— 

Plot? 


thpre  was  any  Proteataai 


S.  Sinith.  No,  my  lord,  he  did  not  deny  W 
he  had  sworn  acaiiut  CnUedre. 

Just.  Jana.  Not-  that  what  he  bail  «id 
against  CiiUeil^  was  true  ? 

S.  SmilA.  No,  my  lord,  hut  he  (Hd  not  belieii 
him,  and  be  thouirht  Colledge  did  not  beliet* 
it  himself. 

Scij.  Jrj?:  Il  seems  Mr.  Colled^  thinks  tba 
whole  Protestant  Interest  eonccrneil  in  him. 

L.C.J.'  The  question  is,  Mr.  Colledgt, 
what  yon  had  in  your  mind,  not  tvhat  was  b 
the  mind  of  all  the  Protestants. 

S.  Sniith.  lliis,  I  itf  nj;l  tronld  net  ^cd» 


STATE  TRIALS,  33  Charles  II.  \6Sl^for  High  Treason.  [6i6 


I  thmk  the  truth,  he  did  not  deo}'  but 
rd  CoUege  speak  those  words  he 
lie  did  not  believe  him,  and  1  tliiiik 
hath  said  that  at  another  time  Ufure 

MP. 

he  knew  of  no  Protestant  Plot,  it 
lUkely  that  I  should  attempt  such  a 
If. 

.  My  lord,  I  find  Mr.  Smith  hath 
asstonatc  and  very  inveterate  of  late 
iT  men  that  he  hath  iriven  me  a 
sport  of  before  ;  an<i  when  I  was 
us,  1  was  Bny'myr,  if  it  be  true  that 
>f  you,  a  mnn  goe5i  in  dan^r  of  his 
vse  with  you.  Mr.  Smitli,  said  he, 
"e  for  all  the  men  between  \Vapping 
j^-Cross,  tliere  is  never  a  man  tliat 
my  company,  but  would  do  or  say 
Coiledjupe  liath  done  or  saiil. 
It  is  true,  and  1  sa^  m»  still, 
s  a  contnidiction  in  itself,  that  tiiere 
:ich  a  desifni>  ftnd  none  but  myself 
lud  my  righteous  judge  knows  my 

rs.  You  mii^ht  say  those  words  in 
would  be  of  your  party,  and  made 
ibels  and  poisonous  pictures. 
Come,  i^ll  auotlier  witness. 
1  Mr.  Tho.  Gardner.  Dnt  mv  lord, 
is  it  that  I  should  say,  that  I 
the  king,  when  he,  it  seems,  says, 
teliete  there  was  one  man  to  stand 

What  say  you  to  this  gentleman  ? 
nrer  saw  him  in  my -life. 

Nor  I  vou.  Sir. 
now  not  tliree  oi'  all  that  come  here. 
Well,  w  ill  you  ask  him  any  tiling  ? 
v  do  \ou  know  Mr.  SmiUi  ? 
•Yes.*^ 

lat  do  you  know  of  him  ?  Can  you 
ng  concerning  this  matter  tliat  is 
St  me  of  treason  ? 

My  lord,  that  day-fortnii;|it  J 
,  Mr.  H.  Smith,  the  <rciitleniuii  that 
r  up  liefore  me,  sent  ibr  nio  to  the 
Queen-Strcct,  to  drink  a  glass  of 
when  I  came,  I  tbuud  him  and 
th,  that  is  here,  whom  th«-y  call 
Bith,  talking  very  briskly  coiu.'erH- 
edge,  I  >upp<>se  that  is  tlu;  gentle- 
le  jury  that  acquitted  him,  and  he 
I  or  three  of  the  jurymen  wore  ras- 
lains  ;  and,  savs  he,  tiu'v  talk  up 
e  town,  a&  if  (  did  intc'iid  to  sham 
lot,  and  to  raaki*  a  ProU  staiit  Plot, 
be,  I  Yow  to  Ciod,  and  I  will  justify 
luid  all  the  world,  tliut  I  know  of 
itPlot»  nor  is  then:  any  Pn»ti'stant 
la  Plot  to  my  kmrnhHr];;!-,  hut  this 
4  upon  his  trial  I  lu'lieve  he  will 

Cto  he  more  a  PapiNt  than  a 
nyi  Mr.  Smith  to  him.  now 
«to  to  be  a  witnens  in  tiiis  case,  it 
thing  for  a  mun  to  converse 


LJk.bt  MW  kixnvn  that  I  am  a 


papist.^    No  man  could   ever  say  so  in  this 
world. 

Gardner,  Says  he,  I  care  not  what  all  the 
world  says  of  me,  and  I  do  not  value  all  the 
men  from  Wamiing  to  Charing-Cros&,  but  thA 
man  that  will  shim  my  company,  will  say  and 
do  as  much  to  the  king  as  Colliettge  hath  done. 
But  then  I  was  saying,  metliink^  it  seema  aa 
improbabUi  thing,  tliat  such  a  man  as  Colleclge 
should  seize  upon  the  king,  or  provide  1,600 
liarrels    of  powder,  and  those  other   things. 
Upon  my  word,  said  he,  with  some  passion, 
clapping  his  hand  upon  his  breast,  when  Mr. 
Cotledffe  did  say  it,  t  did  not  beheve  a  word  of 
it,  and  upon  my  ftuth  I  believe  Colledge  hiuv- 
sdf  dkl  not  believe  it  when  he  told  me  so.^ 
Coll.  Do  yon  know  any  thing  more,  Sur? 
Gardner.  No,  indeed,  Mr.  CoUedge. 
Coll.  Call  Dr.  Gates  again. 
L.  C,  J.  Well,  what  say  you  to  him  P 
Coll.  Pray  Dr.  Gates,  Mr.  Smith  charges 
me  that  1  should  speak  some  treasonable  words 
that  time  that  alitemian  Wilcox  gave  yon  & 
treat  at  tlie  Crown  tavern ;  vou  were  there, 
and  pray  how  long  ago  waa  it  r 

Oalet.  My  lord,  fbeai-d  Mr.  Smitli  speakiii^ 
of  it  at  theGld  iUiiley,  and  if  you  please  to  take 
notice,  it  wasthds  :  this  summer  was  twelve* 
month,  or  I  am  sure  a  great  while  before 
Christmas,  the  alderman  had  invited  roe  several 
tiroes  to  ^ve  me  a  treat,  and  I  had  not  timet 
other  business  callingmeotT;  but  finding  a  time, 
I  sent  him  word  I  would  come  and  see  him. 
He  said  he  was  a  brewer,  and  troubled  at  home 
with  customers,  but  he  wouldjnve  me  a  dmner 
at  the  Crown  tavern  without  Temple- Bar,  that 
was  the  place  fixed  upon ;  there  was  Mr. 
Smith  the  counsellor,  who  had  been  senice- 
able  to  ine  in  several  instances,  I  did  get  him  to 
go  along  with  me,  and  Mr.  Colledge  was  with 
us,  and  1  heard  Smith  swearing  at  the  GkJ- 
Bailey  that  Mr.  Colledge  and  he  had  discoursed 
from  the  liainbow  cofiee-house  where  we  met^ 
and  went  tMrether. 

Coll.  There  I  was  invited  by  aldermaa 
Wilcox. 

OaUs.  But  my  lord,  1  will  tell  my  story,  I 
am  not  to  tell  Mr.  Smith's.  CoUcdge  did  tdl 
me  he  was  invited ;  said  I,  you  shall  be  wol- 
come  as  far  as  I  can  make  you  welcome.  So 
Colledge  and  I  went  togetlier  from  tlie  Rain- 
bow cotlce- house  to  the  Crown  tavern  :  novr 
in<lped.  Coiled^  was  very  pIcTisant  and  nlerrv, 
and  as  I  think,  tlie  discourse  between  tue 
liainbow  coffee-house  and  the  tavern  was  be- 
twixt Mr.  Colledge  and  me;  for  Mr.  Smitli 
stayed  somewhat  behiml,  or  walked  before,  I 
cainiot  tell  which :  wlien  we  came  to  tlie  C'rown 
tavern,  we  did,  to  divert  ourseh'us  till  dinner 
caine  up,  enter  into  a  philosophical  disoonr^c 
with  one  Mr.  Savage,  who  was  formerly  a 
Ilomish  iNriest,  but  this  Sarugi*  is  since  par- 
doned by  the  king,  and  is  a  member  of  the 
Church  of  England,  and  hath  been  profevs«ir 
of  divuiity  aiMTpliilos<»i»hy  lie^ond  ses.  This, 
as  1  rcmerab(;r,  was  tne'  discourse  before  we 
dined,  till  wc  wait  to  dinner  ;  it  w  as  concern- 


I.. 


W$    STATBTKUU,  Si'CuiUiU. 

Mjlord, 
f  Mijr 
iV'ib  Uj'hnriiig'  ftoH  tks 


OMhilM'ttBilh,  nay  tort,  wiH  jMtifr  «  gwt 
iWl  hftlih;— JmyfcutWrtBft,  who  WM  with 

aMbsMHUriiMtteratlhBOUB^,  Idid 


iMdie<J'.'Wibyou  •■kUmniymm 


*Mu  arMadMrenriiijinnI 

^■flfi^^^   8fr   Geditn  JeSbi**  does  not 
ftMMIBrlMmitevMmee,!  Mtnnyaii. 

'  X.  C.  J.  Do  you  ufc  bim  uw  more  qne*- 

MmF^    ■"  ■ 

v'-^Vtoi,  I'do  not  (teurenr  George  Jeffisries 
M4e  ■aeridnee  ftr  me,  I  bad  credit  in  par- 
'  '''~ — 'J,  and  air  George  bed  di^race  in  one 


eamftaj  HA  fill  it  up,  and  the.  lahle  wai  m 
b^,  due  dure  was  litlte  more  tban  fbr  ihc  xi- 
lia  gm  about ;  so  Iliat  out  n>u>  nrif^ht 
^  btar  from  Uie  one  end  of  ite  roraii  to  Uk 
edier.  I  nmuinber  tliere  nas  lome  disnnuvi 
betwixt  Dr.  Oat»  and  Mr.  (terage,  wbe,  I 
dtink,  badi  been  n  ji-'siiil,  so'l  ■>  ■'■'i  Bboat 
somepoiiuaof  pUiloMi|]hv  and  liiiinity  ;  but  fir 

IIIMiill.  I  il I  rciiieniWtliFleasiul'il,  tai 

1  am  otttfldent  Colledgc  said  not  any  ihin^  U 
dwt  tilM  ;  and  in  v  reason  a  tins,  i  ten  wtd 
renariMrHr.  Colled^  did  act  liiuudt'^dcnni 
npOB  aoe  iAe  of  the  labU,  and  fdl  a»>(wp,  vi 
inkM'  be  t^ked  tresaou  in  his  slevp,  tbm 
oMUimt  be  any  Bu■^h  thing  aud,  and  d'il  hil 
beA  nidi  it  wuidd  bavc  been  bnnl . 

AU.  Ge».  Mr.  Smttli,  did  you  M*it  )kv 
Hr.  OdMn  speak  an  ill  word  of  tho  bag  f 

T.  SmUl  NcTpr  in  tot  lite.  And  if  I  w» 
now  to  take  the  SactameBt  i^an  it,  I  on 

Sen.  Jeff".  Yea  vaed  Id  eocwerse  wilb  M  j 
Hr.  fhnhfi,  did  he  never  aay  tny  thing  mU 
to  yon  F  1^M 

T.  ami*.  Good  Hr.  Baqaaat,  yon  k«0*W 
eantakedwaaefameat  J  ptay,  U-t  ■»  bavew 


>''fiKJ.  J^.  Yma  wrrant,  Doctnr,  yeu  are  a 
wIWf  man,  and  a  nhilosonlier. 

Coll.  Call  Mr.  Tho.  Smith. 

L.  C.  J.  What  wonld  you  ask  of  him  now  f 

Coi/.  C0iinsellor!Sniith,lHTei9  Jolm^<inith, 
er  Namlive  Smith,  trhidi  von  plcnse  to  call 
hnn,  hath  rharired  ine  nrlh  sjiraking  treason  at 

irgofng  lodmner  at  Mr.   )Vjlcos' 


member  yo 
1,  and  Dr. 


I  were  therr,  and  I  think 


OetPR  and   his  brother,  uiid  Mi 


the  coffec'hoiiw  wllii  him,  but  mnl  nwaj 
betbn>  bim.  How  long  ago  iii  it  kijice  nx  had 
ttiat  dinner  T 

T.  SmilA.  My  Ion),  if  vour  lordship  phuse,  I 
do  Tery  well  remember  Mr.  Alderman  WilroTt, 
•9  they  called  him,  did  desire  to  give  Dr.  Ontcx 
a  treat,  with  some  otJier  of  his  IKcnds  nt  the 
Crown  tatcrn  without  Temple-Bur;  but  really, 
my  lord,  «N  to  the  certain  time  1  do  not  re- 
member it,  but  to  my  bestreraemhrBiice,  my 
lord,  it  was  befoi-e  Christmas  l*fi,  and  some 
time  bdbre  Christmas  last.  And.  luy  lord,  I 
waa  there  aU  the  time  ;  Mr.SmhhniHat  thnt 
time  aomewhat  a  stranger  to  me.  something  I 
had  beard  of  his  name,  and  I  did  Slav  (here 
all  the  while;  I  reuieinber  Mr.  Alilcnnnn 
Wilcox  was  to  go  out  of  town  that  day  ;  and 
truly,  as  to  any  matter  of  treason,  or  treason- 
tilk  woda,  or  any  thin;  (ending  towards  it,  I 
am  eeoSdeot  nothing  was,  or  could  be  apnken, 
and  the  room  was  a  rery  small  room,  and  our 


■»■  am  4  Cobb.  Pari.  Hut.  p.  isis. 


Bag.Jif,  Wbodidrefleettiponyou?  lU 
BfrflaMhididhn  ne*erdcli« 


Coll.  OdoA  mr  George,  do  not  reflect  tj«  ' 
my  evidence.  It  aeemiMr.  Smith  is  luimkn' 
in  the  lime-;  for  he  savB  it  was  at  ChruMMt  ' 
hut  Itlr.  Smith  aaj'S  >1 


'/'.  Siai'tli.  I  do  speak  as  much  as  if  I  vtn 
linen  mv  oath  ;  and  I  do  know  what  an  nA 
is.  I  thank  <^l,  and  what  it  is  to  speak  Wm 
u  C'luiit  of  judical  lire  ;  and  1  kitOw,  and  di 
speak  Initli  as  niueh  as  if  I  were  upon  bj 
oath;  andldoMV  I  did  not  bear  CoUedge,  « 
Hiiy  one  else  tliat  was  in  (bat  company,  at  ihl 
tiiiif,  i^tcak  any  thing  reflecting  upoa  the  k>f 
and    G^emmenl,    or    any  thmg  UaSng  la- 

Jiitst.  Jonrt.  Canyon  remember  maHer  m 
distinctly,  which  Dr.  Dates  aaya  was  a  yMt 
and  halt  ago  r 

J..  C.J.  No,  ihissummerwastwelee-tnaA 

Jusi.  Jones.  And  can  you  tdJaokegim 

L  actions,  but  testify  r--* 

loo  that  wei«  m  the  rs 

T.  Smith.    I  cannot  leH  what  Ur.- 

menior3'  is  as  to  the  lime ; 

the  place,  the  occasion,  and  the  p 

were  there. 

Just.  Jiniet.  And  yon  take  npc*  yon  la  bM 
"   -  -ilbaaelkHtfa 


jch  a  perfrct  memory,  as  to 


STATE  TRIALS.  33  Charles  IL  l6si^§r  Wgh  Trcojmi. 


[650 


on],  that  which  I  say  further  for  Mr. 
is  this;  I  ilo  hear  something  pre- 
•  if  be  provided  arms  to  go  to  Oxford, 
own  him  these  three  years,  or  there- 
.nd,  my  lord,  I  do  know  that  he  did 
de  with  a  case  of  pistols  before  him. 
re  that  time  I  haul  occasion  to  bor- 
orse  of  him,  at  tiie  election  for  West- 
be  last  parliament  that  sat  there,  and 
len  witn  a  case  of  pistols.  I  likewise 
it  at  Mic^haclmas  last,  the  same  horse 
me  pistols  they  were,  1  did  at  the 
;sec  a  suit  of  silk-armour,  which  he 
e  did  provide  against  tlie  papists ;  for 
le  did  expect  we  should  have  a  brush 
1.  Said  I,  do  not  troubk;  yourself  for 
dare  not  meddle  ;  said  he,  they  will 
m.  And  as  I  remember,  it  was  a 
mour  made  of  silk  to  wear  under  a 

t  was  silk-armour  only  for  the  thrust 
d.  And  1  assure  you,  my  lord,  1  had 
lit,  but  une  case  of  pistols,  and  but  one 
had  two  bctbre ;  but  they  did  not 
e  a  traitor  of  me,  that  was  all  that 
I ;  but  if  I  had  ten  horses,  and  never 
inuours,  I  declare  it  upon  my  salva- 
;euded  it  fur  nothing  but  against  the 
they  should  make  a  disturiiance ;  and 
I  did,  was  with  that  design,  and  truly 
-ace  of  God,  I  would  not  have  been 
lan  then  ;  but  I  see,  whatever  I  pro- 
seh'  with  for  that,  they  have  turned 
iier  way,  that  it  may  be  believed  the 
ts  were  against  the  king  and  the  es- 
govemment. 

F.    Those  observations  may  be  pro- 
ru  at  last.     Go  on  bow  ^vith  your  cvi- 

liy  lord,  I  am  not  a  man  of  that  great 
1  may  forget  it,  and  therefore  I  speak 
bikt  {  think  on  it. 
f.  8et  It  down  in  your  paper. 
Smith  says,  I  talked  with   him  com- 
Richanl  s  Coffee-house  till  we  came 
'em  ;  I  do  declare  it,  I  went  away 
n,  and  went  away  with  Dr.  Oates. 
F.  Aak  Mr.  Smith  that  question,  if  you 

'ray,  sir,  do  you  know  who  went  to- 
ither. 

/A.  I  dare  not  undertake  to  say  that, 
tell  whether  he  went  from  the  Raiii- 
ee- house  with  us,  or  no. 
le  says,  afler  we  had  dined,  we  di- 
wlTea  into  cabals,  two  and  two  toge- 
le  declare,  it  is  that  which  is  the  real 
bU  flileep  behind  the  table  ;  if  any  body 
edf  his  more  than  I  know  ;  but,  Mr. 
M  can  tell,  because  he  says  t  spoke 
I  Inn  wfaeQ  1  was  in  the  room,  he  and 


Ift.  My  kMrd,  I  remember  nothing  of 
rre  it ;  for  1  told  you  the  room 
we  could  not  divide  ourselves : 
in  such  a  little  compass 
m  m  many  w  we  were,  fourteen  or 


fifteen  of  ui :  it  may  be  one  might  talk  to  ano- 
ther that  was  next  to  him,  but  then  the  com" 
pany  must  hear ;  and  whether  they  did  so  or 
no,  I  cannot  tell,  I  do  not  remember  Mr.  Smith's 
saying  any  thing  to  any  particular  person ;  but 
the  ffreat  engagement  was  between  Dr.  Oates 
and  Mr.  Savage,  and  about  some  questions  in 
divinity,  and  that  is  the  great  matter  I  took  no- 
tice ot. 

Ctill.  However,  my  lord,  I  declare  it,  that 
was  above  a  twelve-month  ago,  and  I  hope 
your  lorfbhip  and  the  juiy  do  oMc^e,  that  thero 
was  no  new  arms  were  Ibuud  but  what  were 
provided  a  great  while  ago ;  all  that  know  me« 
Know  I  was  never  without  a  case  of  pistols  and 
an  horse,  though  I  was  but  a  joiner,  and  there 
is  no  more  that  you  see  now.  And  to  what 
Smith  said  about  going  into  cabals,  that  you 
hear  Mr.  Smith  d^es. 

L.  C.  J.  Will  you  call  any  other  witnesses  ? 

ColL  Ves,ifit  please  your  lordship.  Do  you 
know  no  more,  Sir  P 

T.  ISinith,  I  know  no  other  thing,  if  I  did,  I 
wouUl  declare  it. 

CoiL  Call  Dr.  Oates's  brother,  Mr.  Samuel 
Oates.  My  lord,  thus,  you  see  Smith'a  teati- 
mony  is  false. 

L.  C.  J.  I  do  not  see  this  contradicts  hiaoalh, 
for  be  speaks  of  several  times  that  he  did  speak 
with  you ;  one  was  at  Wilcox's,  which  is  thia 
they  speak  of. 

Coii,  Mt.  Smith  says,  there  was  only  that 
great  discourse  going  on  in  the  room,  ana  there 
was  no  such  thing  as  cabals  which  he  speaks  of. 

L.  C  J.  What  (k>  you  say  to  this  witness  ? 

CoiL  Do  you  know  Narrative  Smith  ? 

S.  Oates,  Yes,  Sir. 

CidL  What  do  you  know  of  him?  Were 
you  &t  the  dinner  which  Mr.  Wilcox  gave  your 
brotliiT  ? 

S,  OaUi.  Yes,  yes,  I  was  at  that  dinner. 

CoiL  Were  you  at  the  Coffee-house  when  I 
went  along  with  your  brother  ? 

S.  Gates.  Yes,  we  went  with  you. 

CotL  Did  3Ir.  Smith  go  with  us  ? 

S,  Ofitcs.  Yes,  Mr.  Smith  followed  us. 

Coli.  Did  you  hear  any  treasonable  diflcourae 
betweeji  us  ? 

S.  Oatet.  Not  the  least  of  a  little  word. 

Coii.  Did  we  go  into  cabals  two  and  two  to* 
gethcr  there  ? 

S.  Oates.  Tliere  was  nothing  at  all  of  cabab 
that  I  saw,  from  the  time  of  goin^  to  dinner  ; 
for  we  came  just  as  dinner  was  going  into  the 
room,  as  I  remember. 

Sen.  Jefferies.  Wliat  do  you  mean  by  cabakr 

5.  Uuleu  That  is,  as  I  discern  by  Mr.CoUedge, 
as  if  there  had  been  cabals  amongst  the  com- 
pany. 

Just.  Jones*  That  is  going  by  couples  ? 

S.  Oates,  Yes,  yes. 

Seij.  Jffferies,  What  did  they  talk  of? 

S,  Oates.  There  was  nothing  at  all  spoken  of. 

Sen.  Jefferies.  What,  did  they  say  nothing  all 
the  wliile  ? 

S.  Oates.  Nothinif  but  matter  of  common  dis* 
course,  roatlera  of  eating  and  dhnkbg  and  talk^ 

1 


hwl  Iambi 

'nf  those  ihbi 


ilrv  afikirs  ;  tliere 

iagvfx 

f  just.  Jtmet.  Were  tou  Uiere  «U  Llie  wbili^F 

~^.  Ootef.  V«s. 

neq.  J^tria.    Hwk  jfou,  air,  «««  ti«» 

K  liisplitUjonB  in  difinily  F 

Qa,  Chi/et.   Not  at  all. 

roeri,  Jtffirici.  Nor  of  ^bilosopliy  ? 

iB-Oates.  No. 

t  Dr. 

et-y   iilewanlly  of 
D  great  qutstioas  in  divinitv,  itie  being  «f 
God,  and  the  inimnrtality  «t  Uie  soul  ? 
S.  Oalei.  There  wx  not  nword  of  that, 

^WntMfttfi.  AnTonmp  then  wti 

'  ~^|!NotaitIfcDnrar,liitlMlN«,  1 


Mf.  Jefferia.  Wliy,  pray  si 
aaniTMr.^ykgetBlk  vei] 


jbB  ooutiiMr  all  wu  tiaSi 
X.  C  /.  IVople  ouuot  gin  ■  poAe 

leraw  I  wu  aikep  bateid  Om  Uriib ;  aad 


«W.CtM.   Wi 

«faMr  Am  OoUcdci 

S.  Oatet.   He  wu  bM  uleep  to  nr 
InHt^lbevhOe. 

Setj.Jeff.  R«Mr««jOMrwlf  pray,  was  Mr, 
CoUedge  asdeep  (here  F 

S.  (hila.  I  do  not  tTmembfr  he  was. 

X.  C.  J.  It  ia  irapoisible  to  give  an  account ; 
and  therefore  witnesses  in  tifgatiTcs  are  of  lit- 
SeTaloe. 

Coil.  Did  Mr.  Sniitli  and  vou  and  I  ^  lo- 
getherf— 5.  Oo(a.  Mr.  Snut£  folloifed  us. 

L.  C.  J.    How  do  you  know  that  ? 

S.Oalci.  F>>ryouandI,aadiny brolherwent 
together  ;  you  were  a  nyiug,  when  we  came 
out  of  Ibe  eoffee-honse.  In  ajocosc  way.  Come, 
doctor,  I  will  g^  along  with  you,  and  be  one 
•Tyourgaud.  You  vjKihe  it  in  a  jesting' way. 
So  you  may,  if  you  |ileBi<e,  said  my  MotheV. 
And  ao  he  wnit  by  my  bnrthcr'H  aidr,  and  I 
mnt  by  Mr.  CoUedge's  aide. 

Coll.    Do  you  reiucmber  k»w  iimg  ago  that 


S.  Oaln.  It  wu  tlie  but 

exactly  what  month  1  ciuinot. 

Sol.  G«.    Sir.  Oates,     — 


but  (o  aay 
me  this  qiM«- 


"°°^l  .       .   . 

S.  Oatei.    From  Richard'a  coffee-houw. 

Sol.  &en.    Who  went  along  with  Colledre  ? 

S.  Oala.  He  came  ahiog  with  mv  broflier 
and  me  ;  for  he  itaid  tu  my  bn>Aer,'l  wilt  be 
see  of  your  ffuard. 

Sot.  GcH.  Who  went  Ikmg  with  Mr.  Smilh  f 

S.  Oala-  I  do  not  know,  I  look  rery  Kltle 
Mtioc  of  thil^. 

h  nffickal  thai  be  on  lell 
■TwidlCcUMfB. 


tkat  mj  koAm  AmU  adk,  batlka 
dunff;  Bid  I,. da  aataxawM  aaapi 
dnsB,  fet  I  MikittfeMllMaCn 
bMi4  I  an  Mf,  wtew  ba  JmE 
Hr.waaax,  llii  nail  wi  M  in  m, 
w«Adtbat»thftwnA*a. 

8eg.74f  He4MMM»haa>i 
eUf,  I  aanira  jwk 

AOalM.  ijUwante-atitHjari^ 
wai  natbiy  wtt  nil  Arldo^at  A 
waatbanaoBBtHif  the  iMat  k  ax 
had  ft  an  Mck  in  dN  eaiHbT,  aaA  ha  n 
kvthidMti  .  . 

CpU:   amymany  tbiif  afuMtl 

£.&/.  HaiaMwteaaibm. 

CaU.  DoTvuknaw  any  iimf  agii 
Durdakf— S.  Oalo^  No,  not  I. 

Cali.  "Dim  I  oanaay  no  ■■«  >•  fan 

L.aj.  CtMwAttwiumm. 

Can.  CaHBokm. 

L.C.J.   Wbttdoyonaaltlun? 

CoO.  DayiltikaovJohaBiDilhr 

£aJnM.  Vaa. 

CW/.   WlwtdoyMiuyaBaiiHtUm? 

Sofrva.  Hct  ft  alaaaa  yanr  l«Mi 
^  SMlt  tf  Jd^,  Hr.  Uih,  and  Mr. 
bny,  ware  tnnlUBir  Abb  Yak  tawari 
din.  WakytfaeMAat— -,a^ll 
w«  were  tiawlBng  lu  iraida  1  andan  i  Jfr. 
did  aA  me  if  1  did  ranaaabar  wbat  dii 
tliere  wai  betwixt  air  John  Bntoka  an 
Ferry-bridge  when  we  were  coming  up 
to  London  P  [  desired  liim  to  lei]  me  wk 
coarse,  and  I  would  tell  him  if  1  did  ren 
it  or  no.  8o,  my  kiTd.hedidaay,  tltedi: 
IV3S,  that  riir  John  Brooks  did  sav,  t'  - 
be  ciming  of  throats  at  Oxliinl,  o 


i  with 


pariiainent  did  go  provided  s 
some  with  six,  Mime  with  four  men,  aB< 
were  in  meet  at  Grantbaai,  and  go  tiq 
This  diic«ut«e  I  did  remember,  that  ail 
Brooks  laid,  they  went  with  horae  and  a 
secure  thera  t'roiu  hifriiway-men ;  and  ai 
Urouki  did  tiien  Inruier  declare,  that  ll 
course  was,  there  would  be  cutting  of  tl 
at  Oxford,  whiith  made  them  go  with  ai 
defend  thtrnMclrcs.  Mr.  Smith  did  d 
upon  the  'jjth,  QOth,  37th  and  38tli  a 
(and  it  wen  our  frojuent  discouree)  ttdl  m 
he  had  iflren  his  majeaty  an  accooal 
ivhich  occsiiiiined  tlic  diasoliiug  of  tlie 
nieut:  that  dihoourse  lliat  wa.^  made 
kinif,  ivas,  that  iiir  John  Brooks  ehoul 
that  there  woulil  be  cutting  of  throatu  i 
ton),  and  that  the  {larliauieiit-meD  wei 
liiint  with  four,  or  %c,  six,  or  ten  meii  a 
and  be  did  tell  nie,  llint  he  had  given  a  ( 
accoHnt,tbBt  there  iras  to  beaciuisultat 
tllBin,  whereiu  it  wan  nwolved,  tLutt  it  M 
ler  to  seixe  the  king,  than  tu  kl  bB>  | 
Nnw,  this  ]  knew  mithiiig  of,  but  fa* 
hate  psniaded  me  lo  have  ipvn  in  |b 
lagainn  sir  Jirim  Braata,  H  toA 
».    But  I  declaRi,  I  did  aaaw-l 


STATE  TRIALS,  33  Charles  II.  l68l^/or  High  Treaion. 

nith  wan  the  firRt  man  that  eyer  I 


[654 


iin,  1  never  heard  it  beibre  in  my 


Scrj.  Jef.  What  is  tiie  g^mtlemaii's  naikieP 
Serj.  UolL  Mr.  €harlett,ofTrinity  College. 
Seg.  Jef,    Pray,  Sir,  do   you  laiow  that 
'ould  he  liave  had  you  been  an  evi-    person  thore  ? 

CharUtt,  My  lord,  in  the  new  CoffiBe/-liQiMe 


swore  it  ? 

Yes,  he  said,  he  Iiad  Hvcn  an  ac- 
to  the  kinf^,  and  if  I  did  ulan(^re  it 
inst  my  lord  Shai)eiil)iiry  and  Col- 
^ould  make  me  for  erer ;  those  two 
re  mentioned  all  along.  Bnt  I  do 
1  did  ne\  ur  hear  hifti  speak  treason 

kinjjf  in  my  life.  And  he  did  fur- 
\  that  I  must  say  so  and  so ;  for  if 
t  aefree,  it  wouSd  sisnify  nothing, 
rd,  I  know  nothine  of  the  nutter,  1 
1  any  one  speak  ofit  bnt  Mr.  Smith. 
:his  is  true,  Mr.  Mowbray  was  the 
-as  by  when  it  was  discoursed. 
its.    He  would  have  had  yon  sworn 

I  dlRTorered  it  to  my  lord -mayor. 
(.    When  did  vou  discover  it  ? 

Soon  af\er  1  came  to  town. 
I.    When  was  it  ? 

S<mic  time  last  week. 
1.    'W  as  it  on  Sunday  last  P 

It  was  the  be^nnin^c  of  the  week. 
^!   Thou  art  such  a  oiMMnerer. 

My  lord,  it  is  very  ti'uc  what  1  say", 
lown  any  such  thing,  I  would  have 
it. 

^   Thou  wouldcst  have  discovered  it 
time,  of  my  conscience. 
[y  lord,  he  hath  been  an  evidence 

Papists  as  well  as  Mr.  Smith  ;  and 
>ray,  sir  George,  do  not  make  your 
i|Hin  him. 

'i  Ilo  was  an  evidence,  but  had  the 
never  to  he  belie\'ed. 
«.  Do  you  know  of  any  pictures  of 
ge*s  making  '^  Have  you  seen  Rary 
iolnm,  ^ievfr  in  ipy  life. 
IT.  Did  not  you  nhew  it  in  Oxford  .' 
No,  never  in  my  life. 
Mionay,   Did  VOU  never  derlnre  to 
Tian  at  Oxfonf,  that  CoUedgt-  made 
p? 

I  have  sei*n  tltc  Character  of  a' 
;ttSKor,  but  1  never  saw  Hary  Kliew. 
//.  Hvre  is  the  vtry  gentleman  that 
uth  of  it. 

He  was  suj^pori'd  tq  make  them,  I 
>w  that  he  w. 

ff'.  I  flo  only  desire  one  tiling,  I  do 
it  ever  vou  bad  Hurv  Shew,  bnt  did 
lell  any  l>ody  that  Coltedgii  made 
K  pictures':'' 

ave  heard  of  such  a  iMiper,  but  J  did 
k  io  my  life. 

T  Do  you  know  that  gentleman,  Mr. 
PpItmi.  I  know  him  not. 
C  1  would    ask   }  on,  w  hether  you 
|(j^  tfifloourse    with    that    genUe- 
iMli*  Nt«^  in  my  lifu. 

•  Oenlkman  was  iwom,  Leipg  a 


that  was  by  the  schools,  that  was  set  np  in  the 
parliament  time,  there  was  a  gentleman  thai  is 
m  the  courts  1  think,  one  Mr.  Dashwood,  and 
one  Mr.  Box,  were  tliere,  toeetlier  to  drink  • 
dbh  of  coffee,  and  bearing  that  sonne  of  tbe 
evidence  were  there,  we  desired  their  company 
up,  and  that  gentleman  was  one  ;  and  amon^ 
otner  discourse,  they  were  spcsking  of  oomar 

Pictures,  and  they  shewed  us  the  pictnre  of  tha 
'antivies. 

Serj.  Jeff,  Did  this  man  shew  it  you  P 
CkarUti.  This  very  man.    Itwaa  thepc* 
tures  of  the  Tantivies  and  the  Towaer,  ana  faor 
told  me  they  were  made  by  CoUedge,  he  was 
a  very  ingenious  man. 

Boiron.  I  know  nothing  of  it ;  the  Chaiic* 
ter  of  a  Popish  Successor  I  have  seen,  hot  never 
the  other,  1  never  shewed  liim  any  such  thing. 

Then  the  Pictures  were  shewn  him. 

Char,  It  was  something  like  this,  but  I  can- 
not say  for  any  of  tlie  other. 

Boiron,  The  Character  of  a  Popish  Saooes^ 
sor,  1  say,  I  hare  seen,  and  Colledge  himself 
hath  told  me  he  made  the  Character  of  a 
Popish  Successor,  1  do  not  deny  that  I  haT» 
seen  that. 

L,  C,  J.  Would  you  ask  him  any  morar 
questions .' 

Boiron,  My  lord,  I  have  something  to  say 
concerning  Mr.  Bryan  Haynes  ;  in  January. 
February,  and  April  last,  several  times  I  waa 
in  his  company,  and  1  heard  him  sa}",  he  knew 
notiiing  of  a  jKipish  niof ,  nor  of  a  presbyteriaa 
plot  neither  ;  bnt  if  no  were  to  be  an  evidence 
I  he  did  not  rare  what  he  swore,  bnt  would  sweat 
and  say  any  thing  to  get  money. 

Jnst.  Jones,  Did  he  tell  you  so  ? 

Boiron.  Yes,  I  did  hear  him  soy,  To  day  be 
would  be  a  papist,  to-morrow  a  presbyterian,  he 
did  not  care  for  religion,  he  would  never  die  for 
religion,  he  would  m  of  that  religion  that  had 
the  strongest  party.  My  lord,  he  told  me  so  at 
my  own  house  in  Fleet  street. 

Cdl.  He  wouki  say  any  thing  for  inone\' ; 
pray,  my  l«^rd,  t'lke  notice' of  that,  for  so  I  find 
he  do*^. 

Bolrtm.  Then  there  is  Dennis  Nacnamarra, 
and  .Tohn  Maonamarra. 

Serj.  Jcfi',  We  have  nothing  to  say  to  them. 

Coil,  They  have  been  evklences  against  me  ; 
thouifh  you*  do  not  now  produ^  Uiem,  they 
nre  all  in  "a  string,  but  they  arc  not  now  hrouglit, 
becau<ie  my  witnesses  are  prepared  to  answer 
them. 

L.  C.  J.  Win  you  call  your  next  witnpfw  ? 

Coll.  Mr.  Mowbray,  pray,  Sir,  do  you  knoipr 
Narrative  Smith  as  he  cidlsliimstU? 

Mouhray.  Yes,  my  U»rd. 

Coll.  \Vnat  do  you  know  of  it  ? 

Mouhrmf.    I  came  uii  from  Voik  with  ^ii^ 
wbeii  I  retnrnvd,  after  I  was  commanded  do\%  ti 


^tm 


STATE  TRIALS,  33  Cbabies  II 

upon  Uie  king's  mecount  to  pTp  in  evidence 
aeainat  tir  Miks  Stapli^un,  be  oume  to  me  the 
3d  of  August,  aiul  called  ut  my  bouse  in  Vcrk- 
sliii«,and  wss  very  iniyortunftle  for  me  to  come 
■p  to  Londoa  witb  him  ;  for  he  said,  he  liad  a 
Inter  come  tu  him  nhich  cominaTidixl  his  pre- 
wKotx  Bt  Loodoa  very  BudJenly,  and  he  pro- 
duced that  letlcr  whicb  he  Mid  came  frmn  a 
gmderaan  of  the  coDit,  or  some  c<iiirt-de- 
pendaDt ;  so  he  read  the  letter  in  Mr,  Bolron's 
hearing'.  We  sot  I6r«&rd  on  Sundav,  and 
npun  uur  journey  to  Londoo  he  told  me  he  had 
aamethinp  of  iinpurtanc*  to  import  lo  me  ; 
«u  upon  the  road  (i«  beg^u  to  discourse  of  the 
parliuuent  and  of  tlie  ille^i  proctt^dio^  luid 
arbitrary  power  of  the  two  laat  parliaments  : 
benidtheir  procM'din^  were  rery  illeffal  aiid 
•rtHtrary,  aud  he  beean  lo  open  some  of  the 
votes,  IS  that  which  thty  voted,  that  (base  that 
(boald  lend  the  kiag  money  upon  lliecnncn 
lands,  should  be  eoomies  U>  the  kinz  and 
kiniplinn,  and  thiise  thai  counselled  the  king'tn 
diHolrethe  parliament ;  and  he  repeated  mnay 
votes,  and,  said  he,  these  aru  sieus  of  arbitrary 
power,  and  certainly  they  dtsiitfn  lo  take  on' 
the  king' ;  so  be  proceeded  liullier  to  oxk  me, 
what  was  the  diiu^ourse  of  air  John  Brooks, 
when  he  came  up  before,  and  he  did  mucb  im- 
portune me  to  say,  that  I'ir  John  Brooks  did  iiiBrm 
there  would  be'  cutting  of  tlirouts  ut  Oxlbn], 
•tid  that  the  king  was  to  be  seized  there  ;  I  told 
Iiim  1  could  hate  do  plmisiblc  pretence,  be- 
caUM  I  liad  no  aocjtuiiiilaiice  witli  sir  John 
Brookn,  nor  did  I  come  up  with  bim ;  upon 
which  he  applied  himself  tu  Bolrnn,  and  im- 
portiiaed  him  for  the  some  ;  he  luked  me  who 
1  came  up  with  ?  I  told  him,  I  came  up  with 
three  members  of  parliament,  my  lord  Fuirfav, 
air  John  Hewley,  and  Mr.  tStem;  he  asked  me 
what  di«coursc  we  had  upon  the  road  ?  And  he 
aaked,  whether  tbey  hud  any  diacoiirse  that 
tended  to  justify  their  former  voles  ?  For  be 
said,  if  Ihej-  did  think  Ui  justify  any  of  tiiese 
vot«i,  or  if  they  would  not  allow  the  king 
money,  und  stood  upon  the  bill  of  exclusion, 
he  saul,  that  was  pretence  enough  for  )uiy  man 
to  swear  ^t  tlu^  was  a  design  against  the 
kiiie.  und  that  the  king  was  to  be  seized  at 
Oxford. 

Coil.  An  excellent  pretence  indeed,  and  like 
the  re«l. 

Moal'.  He  would  bave  tempted  me  to  swear 
against  my  brdofShaflesburvtbesame.  And 
lie  said,  it  would  be  well  if  I  did  appear  on 
C'olledge's  trial  at  Oxon,  Jbr  it  was  a  thing  of 
great  consequence  ;  tlie  popish  plot  was  thrown 
vut  of  doors,  «od  uo  man  was  looked  upou  tlkat 
(lid  speak  of  it. 

JukL  Jones.  Was  all  tlijs  in  the  presence  of 
Mr,  Bob^u? 

Moicb.  No,  my  lord.  When  he  was  dis- 
eoursJog  about  sir  Johu  Brooks,  Mr.  Bolron 
nd  up  lo  us,  niid  he  applied  himself  to  bun, 
becaute  I  lold  Iiim  I  had  no  plau»ble  pretence 
tu  Kwnir  against  bim,  baring  nu  iicijuaintance 
irilh  hira. 
mmS^.Jtf.  Pmy,  Sir,  let  me  ask  you  one 
^^^^Bn,  tVbencaiiin'  yeufrom  York? 


1681.— Trifl/  <tf  iltpKm  CoBedge,     [fiSfi 

Moatb.  Weaet  tbrward  the3dday«f  Au^ 
from  Wratbri^*. 

8cij.  J(f.  ftay,  who  came  with  you  in  tb( 
eompauy  ? — Mmtb.  Mr.  Bolton. 

SoTJ.  Jeff.    That  was  a  Sunday,  as  I  bdie  il. 

Moirb.   Yes. 

fiSTJi.  Jeg.  Then  pray,  how  long  did  you  cun- 
linue  beftre  you  came  lo  London  ? 

Moieb.  I  think  wo  caine  in  on  the  Tburtdo)- 
after. 

Serj-  Sef.  When  was  the  Itrst  ikue  Mr. 
Smith  came  into  your  company  ? 

Mtiab.   Upon  the  rood  on  Sunday. 

Scrj.  Jeff.  Was  lliat  the  first  time  ? 

Mtnb.  Ves.  He  had  been  at  York,  iml 
weut  lartlier,  and  afWmanls  came  to  us. 

Serj.  Jeff.    \Vhen  didvou  come  from  Ycnkr 

Maicb.  About  the  Tliursday  before,  if  Ik 
not  miscaken. 

Herj.  Jeff.  Was  it  in  a  week  before  ? 

Maab. '  Ves,  within  a  we^  it  was. 

Keri.  Jeff.  And  ymi  and  Mr,  Bohvn  caiw 
together  ?— Mori.  Yes. 

Neri./f//:    And  you  lef>  Mr.  Smith  bdiind? 

JU.mi.  Yes. 

Serj,  Jeff.    Ami  he  overtook  you  upno  t» 

Mtia!b.    Yes,  he  was  lo  go  furtho-  iiilo  Ibc 
north  asiwon  as  the  trial  nf  sir  Miles  Slauldoo     i 
was  over,  and  tlitaprfore  he  did  vwy  tnoch  m-     i 
poriune  me  to  stay  in  the  country  till  he  ouM 

in  vn  up  with  me. 

Scrj../rjf[  What  diiy  was  the  trial  of  at 
Miltn  Stapleton  ?  I 

Mnwb.  On  the  Monday  before.  ) 

Serj.Jejf:  Vou  are  siireof  that,  and  thai  Ml. 
Sittilli  went  further  into  the  north  ? 

Moicb.  I  see  him  take  burse. 

Serj.  Jeff.  But  he  did  not  come  into  the 
company  of  you  and  Mr.  Bohon  till  the  Suod*; 
alter  that. 

Af'iB<6.  See  ye,  Sir,  he  did  desire  one  fn  sia^ 
in  tlie  couDti-y  till  be  came,  fur  he  bail  a  bnn- 
ness  of  Boreal  concGmment  to  impart  to  me,  Ud 
il  would  be  a  week  or  a  fortnight,  eie  be 
came,  but  yet  he  came  in  a  shorter  time,  for  ha  i 
said  he  had  receired  a  letter  that  brought  bin 

Serj.  Jeff.  You  are  sure  of  this? 

Mowb.    Yes. 

^^.Jeff.  And  Tou  did  nolsee  him  from  tin 
Monday  before,  till  that  Sunday  ? 

MoKb.  No,  no. 

Seij.  Jeff.  Now  then,  1  ask  you,  where  WW 
that  place  he  met  with  you  ? 

Moa:b.  At  Wentbridge. 

Serj.  Jeff.  And  then  you  came  from  tbcDC* 
toward  London  the  next  day  ? 

Moab.  Ves. 

Seij.  Jeff.  Now  woidd  I  desire  to  knew  flf 
ynu,  for  1  perceive  be  did  attack  you  to  »J 
sometliing  agiunst  sir  John  Brooks,  and  flndiag 
that  you  could  not  do  it,  because  you  had  M 
acquaintance,  he  applied  hinisett  to  Bolroa. 
I  would  know,  was  it  between  that  place  wai 
London  ? — Mtmb.  Yes,  it  was. 

Serj.Jc^:  Andaftertbethirdof  AiiguA? 

Mvaib,'  Yes,  it  was  after  he  aet  out. 


STATE  TRIALS,  33  Chablbs  U.  I6ftl^/^  Bigli  Trean&n.  [Sit 


f   itbonglititbadbecntliesuhof 

you  set  out,  avut  continued  your 
le  25th,  26th,  27th,  28th,  and  99th. 
laTe  lost  a  great  deal  of  time  between 
n  anil  Mr.  Mowbray.    Bolron  said, 

25th  tliey  lay  at  such  a  place,  and 
Aten  to  the  Sd  of  Aueust ;  you  are 
xrtainly,  as  to  point  of  time. 

Hee,  air,  I  will  look  iu  my  alma- 
I  all  set  down  there. 
f.    Let  us  see  now  if  yourOxfiird 
*  as  wcU  set  down,  as  your  journey 
lis. 

Here  is  my  ahnanack,  Sir. 
*nes.  Here,  look  upon  his  almanack. 
f,  Mr.  Jones,  I  don*t  care  Ibr  his 
» I  had  rather  Mr.  Mowbray  and  Mr. 
aid  brinfr  their  almanacks  together, 
dd  liave  them  compared,  to  see  whe- 
•d  of  Augfust  in  one  be  the  25tli  of 
e  other.  Did  you  discourse  with  him 
road  tlie  3<t  ofilugiist,  and  not  before, 
n,  that  came  up  iiith  you,  discoursed 
the  25th  of  July? 

I  am  mistaken,  I  find. 
'ff.  Ay,  that  you  are,  one  of  you,  most 

See,    Sir,    here  is  my  almanack, 

I  find  that  it  i*i  my  mistake ;  but 

!  Sir,  here  it  is  set  down,  the  day  we 

,  was  the  24th,  the  day  we  came  up 

a  was  the  27th. 

f/f!  How  didst  thou  set  out  the  ."^d  of 
tnn  that  place,  and  yet  come  to  Loh- 
Ttliof  July? 

1  will  refer  myself  to  Mr.  Smith,  as 
le  we  came  up,  and  here  is  my  alma- 

f/f!    I  will  1)elieve  thy  almanack  to 

iith,  though  it  have  never  so  many 

3ut  the  changes  of  the  weather,  sooner 

ill  believe  thee. 

I  perceive  the  man  is  mistaken  iu  the 

id  the  times  ;  but  pray,  my  lord,  will 

le  to  see,  for  justice  sake,  iVthe  alma- 

iru^  writ. 

r.    Look  you,  here  is  the  matter,  Mr. 

,  he  was  askeil  again  and  a^iu,  what 

as,  and  he  was  positive  to  the  3d  of 

He  wtts  mistaken,  but  his  almanack  is 

/.    He  speaks  rashly,  that  is  the  best 

Id. 

.  It  WIS  a  mistake  of  mine,  sir  George, 

ihnanack  is  riglit. 

'effl    Nby,  Mr.  Mowbray,  douH  enti>r 

ognei  with  me,  1  only  make  a  little 

«■  vpim  your  almanack. 

;  It  was  only  my  mistake. 

7.  Yon  arc  a  rash  man  to  alfirm  so  ;  if 

^■IfBBuiack,  you  should  liavt  con- 

rw^Veftrred  to  it. 

W* '  V^Yi  ^>^  have  lost  a  day  even 

FiUMlrifftf;  for  yoor's  says,  it  was 

K*yii^  CUDT 10  town,   Bolron  the 


Momb.  I  refer  myself  to  Mr.  Smith,  he  can- 
not deny  but  he  cante  up  irith  us  at  that 
time. 

fc5erj.  Jdf,   You  were  examine<l  at  sir  Miles 
Stanleton*8  trial,  was  ^'oa  nof ,  Mr.  Mowbray f  • 
Mtnch.  I  was  hh  evfdence  there. 
Serj:  Jeff,  Did  the  jury  bc-Heit-  v«a  ?        ■ 
Moicb.  Tliey  did  a<Hjuit  sir  Miles  Stapktmi. 
Coti.  I'hat  is  uoibingto  the  par\ios«i,  so  Was 
Mr.  Smith  too. 
L.  C.  J.  Would  vou  ask  any  thing  fhtther  P 
Coll.  Call  Mrs.  fiolron. 
L.  C.  J.   If  you  have  any  more  xnUkmt&j 
pray  call  tliem. 

Just.  Jrm^s.  Mr.  Mowbray,  wa^  Mr.  BofroA'tf 
wife  by  when  this  discournH  u  as  ? 

Mfiebray.  No,  slie  was  in  totvn,  ^e  didnM 
go  down  with  him  at  all. 

L,  C.  J.  Are  you  Mr.  Bolrori's  wife  ? 
Mrs.  BolroR,  Yi'S. 
L,  C  J.  Well,  what  do  you  asdc  her  ? 
Coll.  Mrs.  Bolron,  pray  do  you  know  Mr. 
John  Smith  ? 

Mts.  Bolron,  Yes,  I  do  know  him. 
ColL  What  can  you  say  of  him  ? 
Mrs.   Bolron,  lie  sent  several  times  for  itay 
husband  and  l^lr.  .Mfiwbray  to  my  house,  some- 
thing he  would  liave  them  be  conoemed  m^ 
some  business  he  hail  id  hand. 
L.  C.  J,  When  was  that  ? 
Mrs.  Bo/roa.  Within  tliese  thrift  w^eekft,fliiiees" 
he  came  up  from  York-essiEes. 

Coll.  You  may  see  there  was  ann&derstkdid* 
ing  between  theiii  then. 

Just.  JoneM,  Did  they  go  accordingly  ? 
Mrs.  Bolnm,  Now  abd  thf;n  they  haVe  go6e 
to  him,  but  they  knew  his  business,  because  they* 
had  discourse  witii  him,  as  tlu*y  said,  u^wn  mt 
road,  atid  they  w(mkl  nut  go. 

L,  C.  J.  Would  yon  ask  her  any  thing eUtef 
Wliat  do  ywi  know  more  ? 

Mrs.  BttfroH.  N(4hiug,  tor  I  am  not  one  thtC 
stin  much  abrooil. 
Coll.  Call  Mr.  tiverard. 
L.  C.  J.  Whnt  do  you  ask  him  f 
Coll.  As  for  Mr.  Everard,  I  ueednotaskhim 
whether  he  knows  him,  for  they  kB«yw  tme  ano^ 
tber  well  enougli.     Hut  Mr.  Kverard,  that 
1  would  ask  you  is  this,  'Wlisit  do  you  knoff' 
of  Mr.  Smith,  and  of  this  contrivance  against 
me  ? 

Kvtrard,  Mr.  Smith  I  liave  lieen  to  see  of 
late,  and  he  told  me,'  he  knew  of  no  prcshyterian 
or  {MTOCostant  pkit,  and  when  niy  lorfl  Howard 
viras  tnetl,  that  is,  the  bill  bron^^ht  against  him, 
he  said,  he  wc»ndi>re<l  how  my  loril  Howard 
coiiM  be  guilty,  and  that  lioth  IAns(*lf  and  I 
were  joined  as  evidence,  to  that  jury,  only  to 
|»nt  a  gloss  u|H)n  the  e%  idence ;  for,  savs  lie,  I 
hav<*  iM)thing  niaional  to  say. 

Coil.  Mr.  Kveranl,  do  vou  know  any  thing 
more  cotuHTiiing  him,  what  he  bath  :?aid  at 
other  times  concerning  me  ? 

Everard.  I  have  told   von  already,  what  I 
ha>e  heard  him  say,  thatlie  thonglu  tlien*  was 
no  l*rot(  stant  or  I'ri'sbvterian  plot^'  and  that  now 
of  bite  within  this  litUe  while. 
2U 


belmit  jH&Mi.Warpiipaiidyoa  mlinooki'^ 
Imiwiil&r 

AmHL  Ift  jaiCioe  Wwbnp  an  mdenee 
httmff^It,  C-  J*  N<i»  BO. 

<SiML  ltk.twiltheefy6iH»af>|»tAytoito 
plDt{  ttMCdme  pmy,  flir»  wink  wa»  tbe  d»> 
conw  bMweoa  jiutice  Waiciip  and  yimf 
What  wiwWie  ha?«  had  joa  donaf       . 

£,<X  J.  Ithiakitii  not  inatirial,  ttara  k 
iiftUirtf  Mr.  Wafcup  mtbia  tiiaL 

Smr^td.  Iftiwooiirt4oataUoirofil»IfHn 

CdL  My  kwd,  die  papialB  aeiign  la  to  maloa 
»|iffeiaijiliilpioltotttniofftfaqrowiitaBdthy 
Ufin WnbiDe ;  but ifIilioiildgo,they woold 
not  beaatMed  with  nm^  ^ey  would  be  aftolfaera. 

JL  C  /.  Thereis  notbiDeconeeciiuigapra^ 
byieriaii\or  protortant  plot  m  the  caae. 

ColL  ify  kHd|iftberebe  up  piednrtenanor 
pratoatanl  jm  and  otfaera  to  kin  in  it,  BOW  aoald 
I.doftniyaelfP  itkimpoailole  I  •hoold.  ha?e 
aachadeai^Qfaflizuiffnieking,andj]ii^ 
I  ahould  ipeak It.  Now,  my  Wrd,  tnia.  man 
waa  aolioited  to  oome  in  ftr  an  eifideDoe  of  auab 

.Snmwd  Thatiitnie. 
^J^C.  JL  I  tdl  yon  it  u  not  material,  Ur. 
Waveup  if  not  oonctorned  in  your  trial. 

£v»m'd,  Jostioe  Waroup  would  hayeper- 
anadaa  me  .to  have  aworn  agttinst.aomct  lioraa  a 
pre^terian  plot ;  but  I  deny  that  I  know  any 
auch  thinfr  oftkem. 

Coil,  The  papists  aim  is  not  at  me  only,  but 
at  others. 

■  8erj.  Jefferics,  We  ha?e  nothinf^r  to  do  with 
what  you  and  justice  Warcup  talked  of.  For 
example's  sake,  my  lord,  let  us  have  no  dis- 
courses that  concern  third  persons  broug^ht  io 
hero. 

X.  C.  /.  Would  he  have  persuaded  you  to 
^ky  any  thing  that  was  nut  true  ? 

'JBvfrard,  He  did  not  sav  potiitively  those 
words ;     but    this    he   said,   I  kucw  several 

Lords 

.  Just.  Jones.  !No\v  here  Ls  Mr.  Justice  "War- 
rup'^taine  traduced  I)ebind  his  back,  in  the  face 
of  tlie  country,  and  it  is  nothing  to  this  cause 
before  us. 

ColL  Mv  lord,  I  desijc  to  know  what  he 
knows  of  these  things,  and  that  he  may  f.\yesk 
h  out ;  it  is  a  uiaterial  thing  for  nie  auduthers : 
here  is  a  design  of  the  papists  to  turn  a  plot  u|>ou 
the  protestants ;  they  bc^gin  uitii  me,  and  if  tliev 
have  my  bIou<l,  who  may  feel  the  effects  of  it 
next  I  cannot  teil. 

X.  C  J.  Truly  I  tliink  it  not  material  to  your 
case,  and  indeixi  it  is  of  ill  consequences  to  ha?e 
any  man  traduced  beliind  his  baitk,  as  Hr. 
Warcup  is. 

Coll.  My  lord,  Macnamarra  told  mc,  that 
that  man  would  have  s^luced  hun  to  ha\e  re- 
tracted his  e\idu^ce;  upou  luy  salvation  it  is 
true. 

L,  C.  J.  We  me<ldl»^  not  with  Macnamarra 
lieither,  he  is  no  evidence  against  you. 

^  ^L  Macuamamt  hath  sworn  against  me  at 


4::Ui:.l^,&twaadMraiiotaoneditea«e  |  UtoOU-Bafla^iandsltkefirfUMMjn^lit 

I  dane  Mr.BfOTara  aaaf ''M 
fnerwrrf.  IwonUaotMiaafti 
BOr  wia  I  aomirar  it,  irito 

CoO.  Mjr  M»  thia  kM Bipf, jT  lilt anl 
aeiffiMrHnr  oaaaikrr^aaln^;|«aa  doitAa^, 
and  the  ^ofiCM  !« done  r  Iwpali  IwPBl&i 
rmh  nntTlii  ihii  Hliin  nf  l|»  jitiiiilaMBM 

JESBif^an^.f  atoMnr^riDlMrlBleit  ifeetnA 

iftliemirttkinkav 

X.C.X  I  aee  not  that  he  aayii  Me.  Wi 
wouUhaveJmdkfaairal    ^^^  -" 
true. 

Mvvmrd.  But  drnjie  w^iLJitami 
aDoirmatoapeak  it, JMijiq yatei^ 
cgtamlytoa^ifaaapiiiiiyy 
thiaga;  and  that  aoamUiPJhp  aavB'BrteM- 
tqptua  nrataatiBg.  Locdi  ;»MlW«ai^  Al 
andaaidhe.^  i       '  ' 


he^  eeitaiBly,  y*«  '.hmmmmA  iTJ^ 
you  know  anch  and  8Mb  drfngi.  ifcawftwyiNt 
may aaMy awear it, aince TOB  hmr  kimHf 
arghment  he  would  pfore  yat  tfcaiB  waa  ajpt. 
and  comfamatioaBmoDg  tfaoae  Lbnla»fa|iA  wb 

aaid  he,  thiir  yoQ  niay,>Hiftly  BaneBr. 

Just.  Jones,  What  ia  Ibia  to  yoor  mpwL^ 
Mr.  ColbM^eP   oiily.  Ur.  Waraiw>  BMiS 


f. 


vuidiGate 
i.  C.J.  WwMjmwAUm^^^ 
ColL  If  he  does  know  any  thing 
any  of  them,  I  desire  he  wouM  !q>eak  it 

Ever.  Concerning  Mr.  Uaynea,  he  told  me 
it  was  necessity  that  drove  hun  to  speak  aoy 
thing  against  the  Ph>te9tanti,  and  the  hnd 
P.  and  the  gratitude  be  did  receive  ftom  Iha* 
citizens. 

[Then  Mr.  J.ones  acquainted  the  Court,  thtt 
Mr.  Warcufi  was  just  come  in,  anddeaiied  to 
vindicate  himself.  But  the  Ring's  otbcr 
counsel  waved  it,  saying,  there  waa  no  we^gfbt' 

in  it.] 

X.  C.  J.  Where  did  he  tell  you  thia  ? 

Kvrr.  In  the  fields  near  Gray's- Inn* 

L.  C  J.  How  long  since  ? 

Ever.  About  three  weeks  a^.  I  asked  hiBl, 
Mr.  llaynes,  said  I,  I  would  not  draw  yaa 
from  your  testimony  in  any  thing,  but  how  can. 
this  Ih2  congruous  to  what  you  haTO  said  fbr- 
mrrly ,  that  you  knew  nothing  by  them  ?  The . 
truth  is,  said  he,  I  will  not  say  much  to  excuse 
myself,  but  my  wife  was  remiced  to  that  ne- 
cctisity,  that  she  begged  at  Rouse's  door,  and 
craved  some  salary,  and  Mr.  Rouse  would  nst 
give  her  any  ;  and  said  he,  i^ere  neoaasitj 
drove  me  to  it. 

Coll.  He  found  better  pay  in  another  plaoOi 

Exir.  And,  says  he,  it  is  self-preservation 
in  the  next  place';  for  I  was  brought  m  Guilty 
vvhi-n  I  was  taken  up,  and  tberfihre  I  waa 
obliged  to  do  seme  thiiig^  to  save  my  lilh. 

Coll.  Pray,  my  loixl,  and  gentlemen,  obeerta 
what  this  gentleiiiau  says,  llaynes  takea  Ihii 
course  to  destroy  inncocnt  pecso^a  for  hiaowB 
preservation. 


^i]  STATE  TRIALS,  33  Charles  H.  l681.— /^  High  Treasam.  [66% 


Roer,  Betides,  he  toM  me  there  m  a  jivl^- 
mcnt  impending  upoii  the  nation,  saiii  lie, 
cither  upon  the  Idn^,  or  uikhi  the  people,  I 
know  not  which ;  but  these  irishmen's  swear- 
iii«(  a^nst  tliefn,  is  justly  fallen  upon  tliciu 
for  their  injustioe  against  the  Irish  in  outing 
thein  of  their  estates. 

Co//.  So  he  did  it  then  hy  way  of  rerenerc  ; 
for  his  countrynoen  ;  I  have  .  nothing  of  their 
estates,  I  am  sure ;  then>fore  they  ha3  no  cause 
toiwearaifainHt  me.     But,  Mr.^Ererard,  have 
you  any  more  to  say  concerning  any  of  them  ? 
Ever.    No  more  concerning  those  persons 
that  have  sworn  against  you  ;  I  can  say  no 
more. 
CotL  As  to  Diigdalc  or  Turberr ile  ? 
£orr.  Mo,  indee<l. 

Co//.  As  to  tlie  Presbyterian  Plot,  Sir? 
Ew.  If  the  Court  cloes  allow  courerning 
•te  persons ;  but  I  would  not  intrude  any 
tUwbut  what  the  Court  shall  think  fir. 

GiL  I  know  not  hut  they  may  c<iniL*  in  against 
■e ;  theretfire  pray  tell  u'liat  \ou  know.  Mr. 
-Eward,  do  you  know  any  tlimg  more  'f  Pray 
ktme  know  what  you  know. 

Ever.  Nothing  ol'  any  |ierson  that  has  ap- 
|ttreJ  atruhist  you  us  yet,  but  what  I  have 
tMyou. — CoU^    Tliey  may  do  so,  Sir. 


discourse  that  he  was  provided  against  th« 
papists  ;  so  I  put  the  steel  hat  iipnn  my  head, 
and  pulled  it  off  again,  and  so  did  Mr.  Symouds. 

CoiL  JDid  1  say  any  thing,  8ir,  who  I  had 
those  arms  against  ? 

Fark.  At  that  time  there  was  no  discourse 
ill  the  world,  but  of  the  dangcT  of  the  |mpists ; 
and  he  said  he  was  providetl  for  them,  it  they 
did  come  to  make  any  disturbance. 

L,  C.  J,  When  wis  it,  Sir  ? 

Park.  It  was  about  the  latter  end  of  Novem- 
ber, 1  have  the  Narrative  that  I  printed,  whicU 
was  the  23d  or  241  h,  and  I  have  no  direc- 
tions but  that  to  remember  the  exact  time  80 
we  carried  Mr.  Dugdale  home  again  in  a  coach, 
and  gave  him  a  pint  of  wine  at  liis  lodgin<rs. 

jL.  C  J.  This  does  not  contradict  Mr.  Dug* 
dale  at  all. 

Park.   Mr.  Dugdale  does  own  this  for  a 
truth, 
'^rj.  Jeff'.  So  may  any  body  own  it. 
CoiL  ^Vhere  is  Sir.   SynioncUi?  Pray,  Sir, 
I  what  do  you  know  of  Dugdale  ? 
Sj/mondi4  \\  hat  about.  Sir  ? 
Coil.  I  have  your  naiuc  here,  Sir,  hut  1 
know  not  for  \\  hat. 

Sj^j/ionds.  I  ran  say  the  same  that  Mr.  Piirk- 

hurst  did  ;  that  I  suppose  is  the  business.     All 

LCiJ,   And  then  we  may  properly  heur  '  I  kiiiiw  of  it  in  ttiis  ;  I  was  with  Mr.   I^irk- 

Ab  to  them,  ami  not  hclbri'.  j  hurst  and  Mr.  Dugdale  at  Richard*s  cnffee- 

CtiL  I  desire  to  kuow  who  they  arc  ;  pray  |  house  some  time  in  Novciuhor,  1  tliink  it  Was 

kt  ae  know  their  names  ? — AVvr.  FKz-geraid.    about  the  print in«;  Mr.  Dutrdale's  further  in- 

L  C.  J.  fie  hath  b(^en  no  witness  here. 

CoU.  Call  Thomas  Parkhurst. 


*  LC.J.  VV  hat  do  vou  ask  him  now  he  is 

kaer 

-  CotL  What  do  yon  know  concerning  Mr. 

Purkhurst.  Kir,  the  latter  end  of  the  last  \o 


pnutni*^ 
tbrniation  ;  and  31  r.  Du:;^(}aje  was  saying,  Dr. 
Ton<^uc  hud  seut  tor  him,  but  S|)oke  as  if  he 
was  fearful  of  some  <langer  in  going  along  ;  so 
\sv  proffered  to  go  along  with  liiui,  anil  we  took 
a  c<iacli  at  the  c(»rt<*o-hou^e  do<ir,  and  went 
with  him  to  Dr.  TiMigue,  i\ho  lodged  at  Mr. 

MO  cauio  into  the  room. 


Col  ledge's.     When 


•Vtmber,  when  the  parhamrntsut  at  Wtsiiuiit-  {  31r.  I'uikliurst  and  I  tiidu^^^ht  tit  we  sliould  in 
'  ier.iiereral  times  Mr.  Dugdale  haiiiig  pro-  .eixility  withdraw,  which  we  did;  and  Mr. 
['     iM  me    his  further   Narrative  to  publisli,  I  Coiletige  bruu^ht  us  down  into  anothtr  ro«im. 


*lkeb  he  printed,  I  niK  him  srvf-al  tinu'«< ;  |  \^here  we  sat  and  tf>ok  a  pipe  of  tobacco,  and 
Me  lime  I  met  liimat  Ui('liftrd*<(M)Hi-rh<insc\  j  talking  about  the  cuumion  diNcoiirsc  of  the 
■adit  was  towards  the  evening  iiffore  we  wt^iit  \  times,  aln^ut  the  |»apisis,  uud  the  danger  from 
f  my;  be  told  mt;  and  Mr.  Syimmiis,  that  ht*  tlnnn,  there  hung  up  in  Mr.  (-olieilge's  room 
^  vis'to  speak  with  Dr.  Ton^ruf  ;  and  he  uU\  !  some  iirnis  ;  what  they  were,  I  dare  not 
*r  1^  tkat  this  Dr.  Tongue  did  lie  at  Mr.  Col-  Uii:ir;^oiii>  u.omory  with  to  swear  particiUarly; 
^  -^te's;  and  he  having  s|Mjkc  the  day  iK'toiv,  \  l»:t  I  du  think  there  was  u  silk  coat  of  mail,  and 
f  iMieTeFal  times,  of  ttiu  danger  he  was  in  of  !  tliere  ^\  as  a  cap  of  steel,  and  as  I  take  it,  it  was 
hit  keing  assassinatul  by  the  papist^,  Mr.  covei-c;!  with  cloth,  or  some  such  thing,  what 
Vymonls  and  I  offered  to  go  with  him,  and  we  else  I  eaniiot  \iell  say  ;  1  think  there  was  « 
M  acvNich  :  for  wc  di«riM)t  know  where  )]r.  1  hluiulcrhuss  and  a  (*ase  of  pistols.  And  all  the 
-Crilfdge  liveil :  he  hail  then  a  rheum  in  his  j  dihcour^u  that  1  reuuMni>er  then,  was  only  this, 
4|f«,  and  was  not  well ;  m  ^e  acctuiipanied  j  s'H'ukhig  of  the  papists,  anil  si^iiie  fears  as  if 
Wli  Mr.  Colleilge's  to  s^nrak  to  Dr.  'J'oiigue.  >  in*'re  vuiuid  be  an  insurnvtion  amongst  theni, 
'bwtt  the  evening  when  wc  went;  umI  whilst  said  he,  let  the  papist  rogues  brgi^  when  they 
*etouka  pi[ieoftobacci>,  in  our  discourse  ue  :  ^viU,  I  am  n-ady  to  defend  myself  for  one. 
'Vn  Bpeaiung  of  the  times,  and  the  daiii^a-r    This  ii  all  I  know. 

"if  At  paiM!<t» ;  so  Coliei Ige  tintk  dow  n  a  steeU  d'lf.  Piiiy,  Sir,  how  long  ago  was  thisP 
htihatliunip  up  there,  which  he  said  he  had,  Di*  Tongue  died  bt>fore  Christmas  at  my 
^■keiaid  he  hail  a  quiltHl  coat  of  detensi\e  .  hous(>. 

r^and  he  said  lie  had  a  hlunderbuss  in  j      ^j/i>*^  I  cannot  tell  exadly  when  it  was;  but 
HtyMid  two  pistols.     Uut  I  little  thought  I  dunnglhe  session  of  |»arlianieiit  I  am  sure  it 
^My  thing  of  this,  neither  did  I  know  well  |  was,  and,  as  I  take  it,  in  November,  the  latter 
^   ;1  VM  Mibpcriiaed  down  for  :  but  these    end. 

imm'ukbm  house,  and  it  wan  only  in       ColL  So  theoi  pray,  my  l^rd,  sec  that  tboM 


lial,  w«re  [iruvidltf' 


s  udUudk  ibat  o 


L.  C.J.  I  ilo  D'lt  cee  tliat  lliis  dof^  HI  all 
jCoobailict  yhat  lie  hatb  i>aicl  ;  bui  do  yirti 
abaerre  w^at  juu  will  u[jon  it,  wbflo  jou  conM 
tu  make  yiiur  ^^leoci:. 
'  Stranger.  A  goQlicmnn  Iwloa'  desires  you  to 
oU  Mr.  Yaws. 

Ca|/.  I^y,  Sjir,  wliaithi  j'oaknowoanrem- 
iogDujfdiiler 

zaica.  I  kuow  Ibat  Mr.  Du;;daie  acnt  for 
me  to  1.  coffi'F-bvuae  la  l>FS|)p»k,  a  piMol  far 
JOU,  ami  tuld  me.  UM  wben  I  twd  mwlo  the 
iwial.  i  sliQiiliI  4l<iUvQT  tt.h>  Mr.  Colledgc,  and 
mr.  thigdnii'  proiiiiwd  to  y*y  tiir  it  wliev  I4Md 
dnne  il.  Nuw  Hu(ue  tiw  alKT  I  did  aoDM 
BiDall  malirr  fur  Mr.  Uui;dDli->  i;l«iuied  Iw. 
e  jpnaUhmwWi.  !Vid  lilr.  Aog- 
'f  I  'wohU  have  a  pnt  vf  jrne, 

,^.„^  tp;mllieiiic,rt  tta<taMn>, 

Hr.  Dugaik  Mlwd   awTvMr-^dkfjge'a 

fi^Mdnw.    IMU 

yet.     So  I  uilLed  Mr.  W 
promised  toyite  Ut.  ~ 

Dblig;Uioalh<TCwa>b( , 

.^laitieAodUgiTehiiaitliirtair  Tviridcfabe 

r.CulWgetadlMen  amice- 

-idiugbim  a|i«r<if  ptitob  to 
mm:  MbegafahimapMal 
m  fuT  the  wrarint;  of  his  fostob  dow 
I  thought,  EMil  1,  Mr.  CQUed|re  did 
impose  upon  ^our  ^ood  natm^  too  much,  uot 
^  that  I  beiieveMr.  Collcd)|;e  is  a  very  boaest 
man,  and  utatxls  up  tor  the  p»d  uf  the  king 
fmi  thegajemuitnl.  Yes,  saiJ  Mr.  Dugdale, 
1  bet>e*e  hie  does,  and  J  luiow  iiotluDi;;  to  the 
cODtcaiy. 

Jtl.  Grn.  WbcnvaslhiaF 
.     Yula.  A  little  alter  the  putiarociit 
OlToTd ;  for  I  neier  kiicn  Air.  CoUedge  before 
Ur.  Dugdale  set  me  at  work  for  bim . 

Coll.  Mr.  Yates,  (iruy,  «»£  there  nothiog 
jibe  coffve-hou»!  uliuut  one  tliat  be  asked  to  i. 
with  him,    nbcii   he   said  be  knew  uothmg 
Pifumt  me? 

yatft,  J  hciir<l  one  Bay 

SflTJ.  Jeff.  You  miisEspeak  your  own  know- 
ledge, you  must  not  tell  a  tule'vf  a  tub  of  what 
yov  heard  Oi'c  say. 

Yata.  1  hrxra  it  affinoed 

Smi.Jfff.  Cywb..mr 
fufcf.  liy  a  |>erion  in  the  cofife-bouse. 
Seij.  JcJ).  \\  lio  was  that  perMiii  f 
Yale*.  Hy  oneoftbeseriautnoftbebonw. 
.    X.  C.  J.  ^riiis  is  no  eiidcucc  ut  all ;  if  you 
Imow   any  thing   uf   yuur   owu   kuowleJge, 
speak  it. 

Werj.  Jif.  U  he  here  ? 
y«.'ei.  No,  I  think  uot. 
Just.  Jonu.  How  longiloyou  think  must  w< 
iit  here  to  bear  other  peoiile'K  Hlories  f 
'    L.C-  J.    It'  you  knoiv  any   thing  of  youi 
own  knowledn,  1  tay,  sjieak  iL 
-  JUt'Qn-  ^rej  let  m^  .ask  you  that  qoestloi 


'Hmtbtmmvtmm. 


eil^bnt  a  nraA.«Ml  «  pwiiOMkfe 
Mir  of  liMda  k  U»  MMin.  MlUw  nwl  V 

CUifiUm.immutm,X'*    ' 


Mini  ifiimitnHtMm>\ 

iwM^jhiiitmwt?'  - 


4f  ifeP'tMMpvWiiMMli 


came  alter  tbey  irere  wrt ;  But  hi 
Clayton,  Mr.  Ongdnle  aaya,  be  vi 
your  house,  did  you  ever  hx  bim 


■at;  Bill  hadt  y<w,Ur. 


Clayton.  I  rememherl  bare  Men  DusdabM 
rav  house,  but  never  in  your  company. 

CoU.  Uid  you  sell  any  inuv  i 

CUiyton.  ho,  1  ntner  did  aeU  anyin  waH^ 

CoU.  Because  be  myi,  we  bad  mim  tliffe. 

Clayton.  I  net er  ww  him  there  vnth  nii 
nor  <:bni4irFd  a  word  with  bin  aa  I  knvw  m, 

L.  C.  J.  Was  he  never  in  the  compasj  tf 
Coliedi^  at  vour  house  F 

Clayiun.  'Not  Uiat  I  nw. 

Jiist.  Jonei-  You  do  not  know  all  tb*  am- 
pauies  that  come  into  your  honce  7 

Coll.  My  lord,  I  am  told  there  veumeliirt 
came  from  tlic  town  where  I  was  ben,  thrt 
know  me,  and  have  known  me  for  MorU 
yeusfogMber;  if  you  thitik  that  material  i> 
lueto  pdore  whether  I  am  anroteetMteriM. 

L.  C.  J.  If  you  wiU  raeke  Owl  Mt,  ;« 
may  :  But  it  b  your  loyalty  that  is  in  %wctwa. 
If  you  will  prnduce  any  that  can  make  itappnr, 
that  you  used  to  honour  die  king  in  yom  dia- 
courses,  or  so,  that  is  something. 

Coll.  If  I  am  a  pniteatant,  (bao  the  dea^ 
is  plain,  these  men  swear  to  make  a  protorttat 
plot,  and  turn  the  pint  off  the  papists. 

^rj.  Jeff.  >V  bat  church  do  you  ijvqucil  ia 
Loudon,  ti>  bear  divine  seivjce  'i 

Coll.  I  have  received  the  ttartam^l  i  if  ruff' 

i6evi.Jeff  When  fnre  y/iilutM^fk- 
JicfhurcbF 


SIATE  TRIALS,  33  Charlss  If.  \6%l.^far  High  TireoBom. 


[666 


Mue  I  tUKy  be  a  protestoot  if'  I  hare  ' 
uCcr ;  but  however  I  do  use  to  go 

Well,  call  whom  you  will. 
Tboman  Deaoop  there  ? 

Yes. 

i  lives,  my  lord,  in  the  parish  where 
I.  If  you  please,  Mr.  Deaeou,  to 
rd  an  account  what  you  know  of  me 
hiUihood. 

1  have  known  Mr.  CoUed^e  ever 
isca  youth ;  he  was  bom  in  the  town 

'C. 

Where  is  that  ? 

M  Watford,  a  town  in  Hertford- 
lere  he  lived  till  he  was  a  man,  and 
neighbour's  daughter  of  mine,  and 
white  he  had  two  children ;  I  never 
hat  he  was  a  very  honest  man,  fre- 
id  kept  to  the  church  of  £ugland  all 
.  paid  every  man  his  own. 
«.  fAom  long  is  it  ago  since  he  left  that 

I  cannoi  directly  tell  how  long  it 
ut  I  think  it  is  18  years  since  you 
rd.— Co//,  his  14 years aij^o. 
rus.  You  say  fourteen  and  they  say 

I  say  I  cannot  exactly  tell, 
ut  31r.  Deacon,  I  have  been  in  your 
stely. 

.  He  used  to  come  tliere  once  or 
arj^enerally  to  see  his  friejids.  I 
nd  biin  declare  himself  against  the 
urch  always  very  much. 
.  Did  you  never  liear  him  talk  i^nst 
HDeot*? 

.  No,  nei'er  in  my  life. 
•fi'.  Nor  against  the  king  ? 
.  Nor  against  the  king. 
ma.  Was  he  in  your  country  the  last 

.  I  think  it  was  about  Easter  he  was 

net.  Was  he  at  church  there  then, 

ed  the  ftjacrament  ? 

.  1  know  not  whether  be  was  thete 

cd's  day  or  no :  He  did  Quarter  at 

>wn,  ^t  Uusby,  where  he  has  a  bro- 

w. 

'.  Wdl,  call  anotlier. 

Ir.  Whilaker. 

^.  What  is  your  Christian  name  ? 

WdlMm. 

r.  What  do  you  ask  of  him  ? 

fhsA/at  he  knows  me  and  my  edu- 


Sir. 


1  have  known  huii  this  26  years  : 
,  she  lives  now  ut  WatfonI : 
fab  behaviour  to  be  very  ci\il 
very  good  clmrchman  lie  was 
witli  as ;  and  1  have  enquired, 
faaa  the  same  rofiutation  m  the 
te  last  lived  in  Black- Friers  : 
nor  pa|NHt,  I  dare  aver ;  lie 
aad  inoeked  them  with  their 
Iks  llkt }  for  he  could  iievar 


£.  C.  J.  He  is  not  qneitioBed  for  that,  hot 
for  treason. 

Coil,  Did  you  ever  hear  me  apeak  any  thing 
against  the  goncmment.^ 

Whii,  I  never  knew  aiiy  01  bdianourof 
himinmy  hfe. 

Coll,  But  did  yon  ever  hear  meaayai^ 
thing  against  his  m^esty  or  the  govsrnment  ? 

Whit,  Never,  that  I  knoa  of.  IkDowhim 
a  soldier  for  his  majesty,  in  which  service  ho 
got  a  fit  of  sickness,  which  had  hke  to  liave 
cost  him  his  life ;  he  lay  many  months  iH,  to 
his  great  chaige. 

Serj.  Jeff',  Where  was  it  he  was  in  hisma- 
jestv's  service? 

ti^hit.  At  Chatham  husineiB. 

Coil.  It  was  under  my  lord  Rochester.  But, 
my  lord,  I  have  a  testimonial  under  the  hands 
of  70  people  of  Watford,  to  give  an  aeooimt  of 
my  good  behaviour. 

Just.JoB^f.  He  hath  been  gone  thence  these 
18  years. 

Whit.  He  hath  come  there  almost  every 
half  year,  sometimes  three  or  four  tiroes  in  a 
year,  because  his  mother  lives  tliefe  now,  and 
he  came  to  pay  his  respects  to  her.  His  chilp 
di-en  lived  and* went  to  school  with  us. 

L,  C,  J    Come,  who  do  you  call  else  P 

Coll,    Mr.  Neale. 

Nenle,  I  can  say  no  more  than  the  other 
men  before  me.  I  know  the  man,  he  was  hrcjd 
and  bom  at  W^atford,  he  lived  there  several 
years,  he  married  a  wife  out  of  the  neighbour* 
hood,  frequctitcd  the  pid>Iic  worship. 

X.  C.  J,    How  long  ago  is  this  ? 

Neale,  Sixteen  or  seventeen  years  a^.  But 
tlien  he  used  to  come  once  or  twice  a  year  inlo 
the  country. 

Coll,  Did  you  ever  hear  me  S{)eak  vij 
thing  against  the  kiii^  or  the  government  f 

Nt'.ale,    No,  never  m  my  life. 

CotL  How  long  is  it  ago  since  you  were  in 
my  i^npany  last? 

AVa/e.  When  you  were  in  town  last,  I  nover 
heard  you  say  any  thing  that  was  ill. 

Coll.  How  long  ago  is  it  since  we  were  at 
the  Wfiite-Hart  togi^er  ? 

Neale,    It  was  about  spring. 

Coll,  I  said  right,  my  lord,  I  was  thera 
about  Easter.  Pray,  did  you  ever  hear  mo 
speak  for  the  king? 

NeaU,  Tndy,  the  discourse  we  had  I  never 
used  Vi  keqi  in  my  mind ;  but  I  never  heard 
him  speak  any  thing  against  the  king  or  the 
government. 

L.  C.  J.  Were  you  much  conversant  «rilli 
him? 

Nealr.  When  he  came  down  to  give  lus 
motlier  a  visit,  and  see  his  ne^hbours,  we  used 
always  to  soe  one  another. 

Coll.  Pray,  will  yau  call  Mr.  Tauicr  and 
Mr.  Remington. 

Mr.  B^tigtan  stood  «p« 

Remington.  I  say,  I  have  known  Stephen 
CoUedge  these  40  yean,  and  I  have  known 
that  he  always  waa  an  honest  man.    Ila  ww 


667]      STATE  TRIALS,  33  Chart.i&s  II.  l6s\:— Trial  of  Stephen  Cdkige,    [668 

Norreifs.    No,  not  a  word  at  all. 

Co/i.  Bat  this  were  a  material  entee 
ag^ust  others  of  tlie  confedmUes,  if  tlwj  W 
been  examined.  ' 

Norref^s.  My  lord,  I  was  at  the  Amsterdai 
coftee-housc  the  S3d  of  June  last^  indtkoi 
was  Mr.  Dennis  Macnamarra ;  said  hf>,  wfl 
you  (TO,  and  I  will  ^ve  vou  a  pot  of  ale. 

L.  C  J.  There  is  nofliing^  if  Dennis  Xie* 
namarra  in  question  before  us.  If  yon  km 
any  tiling  to  say  against  any  of  the  yJliiiBM 
that  have  been  sworn,  go  on  with  }'0iir  nl- 
dence,  we  must  not  hear  stories  of  other  pespli 

Coil.  He  wouhl  sjpeak  against  some  bni 
that  hare  sworn  aganist  me,  but  are  M  (H, 
lor  some  reasons- 1  know  not  Pray  call  Nb 
Thiinia«  Norrcys. 

L.  C,  J.  What  do  ymi  ask  him  ? 

QUi.  My  lord,  he  knew  me  in  this  cooAjr 
some  15  or  16  years  ago. 

71  I^orreys.'  My  lord,  I  hare  been  aoqinnM 
with  Mr.  C;blle<l«re  about  16  or  Itt  years,  ibI 
he  hath  always  carried  himself  vrr)'^cinHyvi 
well,  and  he  kept  to  the  church  for  a  coiwdff>.  i 
able  time,  as  duly  as  any  parishioner  did. 

L.  C.  J.  How  long  liave  you  known  hia? 

T.  A'(trreys,  This  16  years. 

L,C.J.    You  live  in  this  country;  doo^ 

T.  Norrn/s.  Yes,  at  Ay  1  worth. 
Coii.  J  was  at  Astrop-WvUs  lost  year.  I 
b.'lieve  Mr.  Justice  Levinz  saw  me  there. 


a  soldier  some  time,  but  he  always  went  to 
church,  was  no  rouvcniirler ;  and  used  to  visit 
his  neighbours  when  he  came  down  to  see  his 
mother,  and  uas  alv^ays  looked  upon  to  be  a 
very  good  inau.  • 

isSerj.  Jeff',  You  say,  you  knew  him  a  sol- 
•  dier,  pray  when  was  that  ? 

Remington.  About  the  time  of  Harwich 
.  business.    That  is  all  1  can  say. 

Then  Mr.  Tanner  stoo<I  up. 

X.  C.  J.  Come,  what  say  you  ?  What  do 
you  ask  him,  Mr.  (.'olU.d'jfc  .'* 

Tanner.  I  have  known  Stephen  CoUeilge 
from  a  child,  40  \cui-s,  he  wus  iMirn  at  W  atforti, 
bis  father  workcii  uitli  my  father,  and  great 
intimate  ac4|uaintance  wc  dud  with  liim,  and 
■aw  him  very  often  *,  I  never  knew  any  fault 
in  biui,  and  I  never  licaid  a  bud  import  of  him 
in  all  the  town  of  \V  atlonl. 

Serj.  Jc'//!  Have  voa  seen  him  at  church 
lately? — Tunny,  r.    No,  1  have  not. 

An.  Gen,  I  wovild  lain  know  whether  this 
man  hath  liecn  at  church  iiiniKelf :  he  Kiuks  as 
if  he  had  not. 

Coll,  I  know  not  whether  he  hath  been  at 
the  c1uu*ch  you  mean,  or  no ;  but  he  may  he 
an  honest  nmn  and  a  lVotc.>tiVit  lor  all  tliat. 

L.  C.  J.    CuU  aijofiHT. 

Coll.    Mr.  lVti:r  >.orr;-^s. 

L.  C.  J.  Whit  do  ycu  ask  him,  Mr.  Col - 
ledyc  ;'  luTr  he  ?-;. 

Coil.  Do  vou  kin;vv  any  lliing"  corief-mifiiii- 
Mr.  Siiiiiii  i' 

^'oj-f .'!/..  1  vas  o;i"(!  in  th«>  If.rculcs  Pil- 
lars, where  v.;is  sir  VV'iIliaiii  Walln-,  Maciia- 
marra,  Mr.  ivVj  »«: «  tive  or  si\  of  us  lf»|;ithi'r: 
au'l  Mr.  Sii:  ill  w.'S  ili'.re,  a.:<l  w.j  wtii- talk- 
ing codceruiij^  ilic  i)ai-lii.t!i(Mit  appru.iciiidi;'  at 
Oaoii. 

Si'ij.  JtiT-    Tell  ihc  names  of'ihcr  i'r<t. 

iVo/rrv*.    »^'»'  ^V  iiliaiii  Waller,  Mai  nainarr.), 
Mr.  Iv . .  Li\>is,  Maetiainarra's  brodicr,  and  1, 
•aiiil  3Ir.  Smiili. 

S'i;j.  Jrff'.  Weil  said;  we  do  not  meddle 
with  aijy  ot'iluM-,  l.iit  Mr.  Sinitli. 

J.,  i  .  J.    \V;vs  r»!'ii  Siuiili  there? 

J^ornj/s.    H."  vvju^  liicre. 

i.  C  J.    ^V  t  !I,  i;.»  <ii)  then. 

A'o/;rj/v.  V\  e  were  ttdkiiig  of  the  parlia- 
nienl  at  Oa'oii  :  S.iys  sir '.V  iiliatii  ^Valler,  most  ■ 


7'.  j\tu'nt/s.  ^  es,  1  was  there  uith  vou. 

Coll.  \\  e  did  discourse  commonly  tfitii  cfln* 
eerninj^  the  l*api.-,ts.  Prav,  SSir,  did  yoa  iai 
uie  in(;line<l  to  the  Popish  interesi  ? 

7'.  j\orn  i/s.  Vou  spoke  very  much  agaioit 
them. 

(.'a//.  Did  you  e\cr  hear  me  speak  against 
the  kit'i^-  or  tiie  ^^(»vernnient  ? 

T.  Ai;;;f'//.s-.  No,  1  never  licaixl  it;  tor  il*  lie 
were  ni\  iirothf  r,  1  should  lia\e  discovered  it. 

L  C.  J.  How  oticn  have  you  seen  him  ? 

T.  y»orrtt/s.  Very  often,  and  conversed  much 
with  him. 

Cof/.  31  y  lord,  as  to  the  papers  chan^eil  tipflo 
me  tlitit  they  were  miue,  j  declare  1  know  not 
of  liiem.  Du«^daie  say.s,  I  owncni  theiu,  wi 
the  ktlor  and  several*  prints  ;  hut  truly,  my 
lord,  1  haddoi.e  niv>.rlf':i  i^ieat  imiuiryit'  1  liul 
di)ue   or  owned  tliose  tliiut*s  he  hatli  char^ 


II  »r  never  uai  »lraw 

tliat  very  person 

to  be  printed  hy ,  hath  (leuicil  it  before  thekiii^ 

and  council  ;  tor  \io.  there  testiticHl,  tliat  he  m 

not   know   the    person   that  caused   it   to  be 


of  the  parliumeijt-'iiu  II  are  atraid  to  i;.»  Uj»  to  I  iin'  vutlial.       I    no\er  c<iuld  make  a  picture, 

the  i>Jiilumuiit.    'rrul\,said  Mv.  S'uitlu  I  iiope  j  ii  u*  never  did  draw  a  pi<rinre  in  my  lite;  and 

they  will  be   provide,!  lo  ^o,   il"  lliey    do  ufo.  I  tliat  very  person  that  he  says!  owned  Ijjo*"* 

Sa\s  sir  ^^  ili:a'n   \\;!!fi-,    I   '-h  i!)  U;  pr<;v  ided 

with  tin;  ri  ^i  or;:iy  Iriends:  ;uid  ^'Ir.  ("oJl-.^iltre  . 

said.  I  will  ;;■)  ;ij)  wiili   i".-,;  r:  :-r  ./I   the   parlia-  | 

ineot-ii:«  n  :    1  siiall  he  j..'»svi:!}  il  lr)o.  savs  ii!''-t  j  printed. 

of  the  t    idrner  :  savsMi  \Vii;riiii   WiMler,  will  J        L.  C.  J.  How  came  you  to  have  so  matiy 

A  ou  yo  alonu  vMtli  me,   and  1  will  pinvi-Ie  \ou  Seized  in  }our  house? 

^vjtli  an  Jior><.  ?  Snid  lie.  i  huve  a  Ijorse  oi'  luv  '       Cull.  31  v  lord,  here  is  Elizabeth  Hunt,  the 

own,  and  il  it  :»j»:se  (i-.d    I    wdl  liave  notlimu-  |  maid   hv  whom  they  were  taken  in,  and  who 

else  lo  do,  Imi  i^t  ^o   v  it'll  il..;  parliament,  Jiiwl  I  can  ^ive  you  an  account  i}i'  it.      1  cannot  deuy 

"v^ill  not  necrlrt-t  it.     Tliis  was  all  the  diseomse  hut  that  they  were  in  mv  house  ;  but  that  1  was 


of  the  company  lor  ur;t  ni^lit. 

Coll.    Du\  you  hcui-  Mr,  ^5mitll  say  any 
tiihig  agaiubt  uic  ? 


the  author,  or  did  take  them  in,  is  as  ^>freat  a 
mistake  as  ever  was  made.  Call  £U!abetli 
Hunt.    1  do  not  know  whether  Curtis  be  in 


STATE  TRIALS,  HA  Charles  II.  lC8l.—for  High  TWmm; 


[670 


It  this  I  am  conndent,  he  was  examined 
e  king  and  council,  and  he  and  liis  wile 

/.  He  sba]|  he  called  if  he  be  here. 
I   know  nothing  of  the  printinj^  of 
»r  was  I  the  author  of  them. 
J.   They  wei-u  dispersed  by  you  up 
n. 

rhat  they  were  in  my  house,  I  be- 
y  Ion! ;  and  this  woman  will  tcU  you 
'  kird.  l^y  tell  the  court  how  these 
\Mi  are  called  the  Kary  Shew  came  to 
house. 

unt,  A  porter  brought  three  bundles  to 
e,  and  asked,  wbeuier  my  majiter  was 
n.  1  told  him,  no,  he  was  not.  Said 
se  papers  are  to  be  left  bcrc ;  said  1, 
they  come  from ;  said  he,  'tis  all  one 
you  must  )iay  me,  and  1  must  leave 
« ;  so  I  (i^ave  him  six- pence,  and  he 
lapers,  but  I  never  saw  tnc  man  since 
e.  And,  my  lord,  I  never  read  thcni 
y  were,  but  I  saw  they  were  such  sort 
iis  those. 
J.  How  loj^  was  it  Iiefore  they  were 

in/.  A  matter  of  7  or  8  weeks. 
Wy  lord,  it  seems  tliey  were  put  in  a 
left  in  my  couiutin^- house :  I  never  1 
liem,  but  there  tLey  staid,  for  oiu^ht  1  - 
I  they  were  taken. 
L  You  were  Colledge*8  servant,  were 

VM/.  Yes,  my  lord. 

^ly  lord,  I  never  knew  the  printer  nor 
IT ;  but  I  lieard  a  man  was  in  trouble 
sui,  uponabyelawiu  the  Stationers 

en.  How  came  you  by  that  otiBrinal  ? 
lave-  you  it  there  ?  I  know  of  none 
ticed :  But  if  I  were  a  person  con- 
were  DO  treason,  and,  my  lord,  I  hope 
do  mc  that  justice,  to  let  the  iiiry 
ev  are  nut  treason,  nc»nc  of  tlve.sie 
And  I  do  declare  I  kiM»w  iiuthiiiif  of 
mJ,  the  printer,  nor  the  author. 
^  You  spend  time  in  makini;'  obsen  a- 
of  onler  of  time :  When  y<»u  have 
ir  evidence,  then  make  vour  observa- 


confess,  I  may  err,  as  to  iiiuttrr  of 
'  1  never  was  in  this  cH^taciiy  U't'oif;. 
,  do  you  tell  the  court  ho\%  the  pajHTM 
ire,  aud  all  the  trAi)«<ac(ioriS.  For  I 
Mner  w lien  they  lauicand  searched. 
'.  No,  it  M  as  8  weeks  bcfoi'e  ^  ou  were 
y  were  lell  there. 
effl    Did  yiju  not  tell  your  master 

tbcy  were  lef\  Uiere  ? 
nt,    \o. 
^    YVithia  what  time  did  you  tell 

i9f  •    I  beliuve  it  was  a  week  or  a  fort- 

M.   Where  was  your  master  all  that 

Wf^m  Hft  WM  in  the  country. 


Cu//.  My  lord,  1  did  see  them  there,  I  muU 
coiii'css,  1  'do  not  deny  but  1  saw  them  there, 
but  1  knew  not  whence  they  came,  nor  whostt 
thev  were.  Nor  did  I  ever  int<*nd  to  meddle  . 
witn  them,  nor  concern  myself  about  them. 
What  have  you  Vt  say  more  ?* 

KL  Hunt.  Concerning  Mr.  Dugdale,  if  I 
may  S|ieak. 

A.  C.  J.  .\y,  go  on. 

KL  Hunt.    I  went  to  receive  the  money  of . 
Mr.  Du(^lale  that  he  owed  my  master,  and  . 
asking  him  for  it,  he  said,  he  would  pay  me  ■ 
such  a  tune  to-morrow  morning,  if  I  would 
c(»mc    for    it;    but  when   1    came,    he    had 
not  the  money  ready  for  me.     Sir,  said  I,  I 
think  it  is  very  hard  that  you  should  keep  my 
master's  money  from  him,  and  yet  you  go  and  . 
swear  against  liis  lite  too :  What  do  you  thuik  we 
shall  do  at  home  in  the  family,  if  you  keep  my 
master's  money  and  he  be  in  prison  ?    Said  he, 
There  is  a  great  deal  of  do  about  my  swearing 
a^'nlnst  your  master,  more  than  needs  ;  but  as 
1  liope  for  salvation,  1  do  not  believe  Mr.  Col- 
hnlipi  had  any  more  hand  in  any  conspiracy 
against  his  majesty,  than  the  child  unborn. 
Here  is  Dugdale,  let  him  deny  it  if  he  can. 

Dugd.  As  I  ho[>e  for  salvation  I  did  not  say 
so. 

El.  Hunt.  U[>on  my  salvation  it  is  true  what 
I  say. 

iStcrens.    This  was  the  maid  that  hid  her . 
master's  papers    when  they   were  searched 
for. 

Serj.  Jeff'.  Be  quiet ;  art  thou  got  into  dia- 
higue^i  witli  the  maid  now  P 

Co//.  Mr.  Ste>  ens,  it  is  well  known  what  a 
man  you  are  ti>  propagate  w  itneKses.  My  lord, 
she  guve  nie  an  aeeount  of  this  in  the  Tower, 
before  1  enme  away,  that  Dugdale  desired 
to  sjK'ak  witli  Mr.  iMiiith,  and  told  her,  that 
nothing  that  he  had  to  say  would  touch  my 
Ufc. 

KL  Hunt.  As  I  am  ulivc  it  is  true. 

L,  C.  J.    Mr.  Dugdale  4lenies  it  now. 

Kf.  Hunt.  He  is  not  a  right  man  if  he  de- 
nies it,  for  he  tcJd  me  it  tw  ice. 

CuiL    1  told  Mr.  Smith  of  it,  when  be  had 
lea^  e  to  coint;  to  me :  1  told  him  what  the  maid 
Kuitl  he  had  to  s:iy  to  her,  and  this  was  three 
weeks  ago  ;  said  he,  1  will  s|)cak  wfth  him 
w  itli  all  my  heart,  if  he  has  a  mind  lr>  speak 
wiili   me ;    for    he  hath    said    that   ke   hath 
notiiinir  :iguiii>!t  her  master  that  Re  can  touch 
uii  li;«ir  of  !)is  lieail,  nor  nothing  that  can  touch 
his  lite,  that  he  kniMv  nothing  <d'a  plo;  orcon- 
tritaticc  against  tlie  king;  and  it  1  rtuld  help 
it,  I  had  as  ]ip»e  lia^t'  gi\en  a  hundret.  pounds 
T  h:id  never  spoken  vtliat  1  h:i\e.     Thi»  lie  said 
to  litfr. 

Is.  C.  J.  Yon  if'W  her  what  to  say. 

KL  Hunt.  Sir,  he  does  nottidl  mc  )  for  Mr. 
Dugdale  said  those  very  things  U*  mu. 

Coii.  This  is  an  uee«)unt  I  had  w  len  I  was 
priv'ner  ;   I  could  not  din-ct  her. 

L.  C.  /.    Do  \ou  deny  w\mx  they  tax  to  be 
true,  Mr.  Dug  la  I  ri* 

Du^U.  My  lord,  she  came  to  me  £r  money ; 


El.  SMt.    I  dU  teH  him,  Ht'.  Dugdnte,  if 
'  ■        Iwreiiiyffluler'suMDey,  if 


'     pMueu  teiim 

amdhe,  Icannm  let'tWe 
MTeiturw;  but  tlw«  ihall  bare  wbM  lliore 
to  St}'  apintl  bini :  I  >^ll  dnw  it  up  in  vrHl- 
iim.and  ■how" shall  h^ve  itto-rtWWOiriiwmJng. 
^^nnie  nKt'  rann^nf;  I  cmoe  to  hint  b(^,  and 
■tU  I,  titt'conie  afun;  what  mUst  I  '  ~ 
mU  h^,  [  have  oo  momy ;  sucli  an'  one  k 
uottMpdiiieto  it  fHfr,  ihentridl,  Ihupe, 
wHl'b&as-gMd  Mjotirntrdi  to- l«t  me  Lnow 
wha(  youbaT*  made  oath  agaibrt' my  master, 
Shid  he,  1  was  about'  it  yettettlay,  lint'cMild 
— ■  ^-  '-•    " --   meetheart,  said  he,  and  took 


will  tell  hthe«  by  vvnl  ot'raomb.     So  I  cnine 
IS  tKe  UtMc  at  ten,  and  staM  till  deren,  bat 
did  not  ae:  him; 
itttt  JmI.  YmttitdftgireaiiiimdtohetMA' 

^M'Ukm  IbpaMVlM^  iMMOcd  m.who 


-vaa  liifi  counsel ;  I  toM  hnn  Mr.  tfM 
said  he,  I  have  a  gr*vt  devire  Id  if 
him.     Kd  I  luldniy  master  ul' it. 

Coll.    Ky  loril,  yoo  «c  it  in  bill ' 
white,  ^  tfaiR  whole  ti 
red  I  knew 
didnnt. 

L.  C.  J.    Do  you  cull  any  more  « 

Cell.  Tliprc  i«  my  lirother-in-law 
cfived  those  jiepeni.  Call  George  I 
Sarah  Goodwin,     ^ftr*.  Goodwin  « 

CoU,  Do  you  linow  any  thing  of  I 
M  were  carriHltomy  bnilhcrGeo^ 

Hrs.  Goodwin.  Yis,  1  do.  Ttw 
after  my  brother's  eonfiiwment,  sbn 
the  obH-k  in  the  nuiriiing,  ]  having  h 
caine  inln  the  haiiw,  mid  in  ■  quai 


iMf  ikr  %ium  *e  M^i  ite  mM'  m^ 

hWr  ,b|)  li>  •■> Am,  MM  tk«  MMMtf- 

MMaf  11  wMMI  1b(  lii— i»g»»a 
1,1  CHMt'MI,  Z  bwv  MC  tb  fMt^  Mfef 
«fcilb«MMliM-r  Wvglnitt  ■fiMI^ U*. 
B»A*  rwMi  ipln  Ifa  —It  mmniift  wt  *ti 
«w*atto»itedaimwkiftMM.  l*a*- 
Al  «l»l,  |WV  Maw  1*9  Mbdr«Hl  hU 

>M  Aa.  My>  kM,  i  «>  ■*Mh^MMm 
jtaitotnd-hrnMlwtili'dMli  olwtlw 

■rid'HKA^ArWMMt  lilWMHfliB-itM 
wkMlfr;  flWibi-  flk>4M«iHi'MBiv«iDtiiifalk 
^—■ir  at  Ml  KB  ' 

AMIK  m/L  Si<lwi'aM'Ml(»lHririwi 

.JLCJ.   Dtf  JMT  MIMMrynM'DBMM 

IMMMVAM IHP  iMMWite'Mldia'  Madnfi 

■*i         "  " 

Itatihm  IhMtKMCirtillt'wM'inMHta^HM 
BMHWiUlhmt-to  IkB  Mill  r 

JqA  JbMfc  Did  he  ^eak  it  opmlj'  m  pit' 
iMfWyMf 

££HMt.  HedidootnMkitlradsiHlMdT 
bMd  WinhWBfmir. 

S^  lurta  M  tKb  iKop,  ■m.'JW  ifywa 

-jMKLeMM  Warthiarftar'lifcba^heOiU 
the  OU  Bailey,  orbefoKr 

£t.  Himr.  Yes,  it  was  after  be  had  been  at 
dwMafiuley,  and  after  be  bad  been  at  Oxon 
too. 

JMC  Zmiu.  Tlien  it  wb«  beftn«  the  cttmt, 
wtiM  covld  be  made  ofH  ? 

GolL  She  htth  gcme  fi»rty  times  for  tlie 
money  1  lent  him  out  of  mv  pock<.-t ;  and 
I  lent  him  that  when  I  hul  little  more  my- 


lianilful  or  two  uf  sliui  ingi.     

who  he  waa,  nor  what  be  desin^  I 
told  biin,  fa 


an:  TUBfiiMrI<MtltfeAHli 

dtsn    8tflfeMMMrlS»Mtft^da 

he  goca  Mtt  oTHw  Jajj  KJ:  ad 

DtiE-ditHtr  hk:  w^mj'ti'mmiit 

they  made  «aqanv  aflH-  ftf^^  ■ 


box  thai  h) 

ami  they  demauM  the' beya.  1, 
knew  not  wliere  the  keys  were.  So 
to  the  next,  atid  Auntil  it  opeD,  bat  a 
tbey  find  there ;  there  was  a  bed  «1 
m«Hy  my  brother's  sefvani*  did  lie 
to  ibe  otber,  Lo<ft  weO  whether  th 
MntH^finf  hid  in  that  bed  ;  mit  1, 
there  is  n«  gooh  tbii^  a>  you  en^ 
yon  please,  you  may  tt^e  off  the  H 
^dTc  Ihcm  Iree  toleratioa  ta  look  ;  I 
chest,  1  WDuM  not  deNrer  tb^bm 
the  man  Wainotthetctbat'omiedtt: 
searcbii^,  they  flmg  dowit  the-tnA 
did  a  great  deal  ot'datnageto  hiaaoa 
t)em#n,  said  1,  I  an)>paae  yoa  tam 
aearch,  bat  none  to  spoHi  a  ■nan's  Mc 
they  Were  pnte,  having  ftoM  ■ 
threatened,  God  danm  tbem'tbMw 
them,  Itir  there  they  weW.  Btrt'lM 
oftheobneeahnent  of  theptpcta^  ltd 
maid  and  myhrDther's  son,  whttha' 
of  any  paper*,  and  they  satisfied  ma' 
of  some  iiTinIs  IhsLwef*  brMlgchth) 
to  be  Itrfi  at  ray  brother's,  but  tk^ 
whmec  then'  came,  Mr  whi^  tli^  ■ 
the  RBnie  Slower  gave  my  liinlb^Tl 
hedidnot'lniiWwhMe'tie  pil^ll 
smce  his  father'*  oonflDeiiMat  AV 
up  sdi«atid  m&^  flirtti*  liM^S 
Upoatb^'ayllSj 


1-law,  OeotgeH^' 


$73]  STATE  TRIALS,  S3  CmarLks  II.  l6si.—for  High  Treason. 

md  if  it  please  your  bODOiir,  I  requested  him  to 
carry  them  into  the  country  to  hb  house,  to  se- 
cure them  till  He  knew  tvliat  they  did  concera 
and  who  thev  did  belong  to.  \Vhereu(>on  he 
replied,  my  (ord,  that  he  was  fearlul  to  carry 
any  thinpf  out  of  the  liouse;  said  Y,  if  you  will 
please  to  take  them  of  me,  1  will  rarry  them 
oat  of  the  housn  for  your  security,  he<*anse  fiis 
wife  looked  every  hour  (beinjjf  with  child)  when 
she  should  be  delivered,  and  he  was  fearful  of 
tnnibliiiglier.  80  I  carried  th^m  out  of  the 
boose,  and  ddirered  them  to  him. 

L.  C.  J.  To  whom  ? 

Mrs.  Gvodxin.  To  my  hwthcr  in-law,  Mr. 


L,  C.  /.  ^Vhen  did  he  carry  them  ? 

Mrs.  Goodwin.  The  same  day  they  searched 
for  themrtbr  my  bt  other  came  in  at  the  saiiie 
lime. 

L,  C.  J.  How  do  you  know  8j)ur  carried  auy 
away  ? 

>irs.  G(H;^«'m.  He  carrieil  none  out  of  the 
house,  I  carried  llieui  out  of  the  house,  aad 
delivered  theui  to  him. 

L.  C.  J.  Then  ihcv  were  in  voir  hou<ie? 

Mrs.  Gouduin.  They  were  iu  trie  countinjv'- 
hoi.se. 

Coif.  My  lortl,  if  they  were  in  any  other 
place,  I  kuuw  not  how  they  came  there,  for  this 


Ocorgfe  Spur.    So  at  my  goin^j^  out,  after  I  had  j  was  all  duue  atler  I  was  a  prisoner  ;  ami  HcwtA 
delivered  them  to  him,  m  my  way  bai'k  again  |  say:«,  they  were  removed  wlieu  I  was  a  prisoner. 
I  fbond  a  small  uaper-book,  and  a  small  parcel    \V  here  is  Geor^  Spur  ? 
of  writings  ;   wno  dropped  them,  or  who  Uid        Sen.  Jtfferies,  It  is  admitted  they  were  at 


tlem  there,  I  cannot  tell.  ^  But  takings  them 
TM  unadvisedly,  I  put  them  among*  the  prints 
imkh  1  carrieil  out,  I  delivered  tliem  to  my 
Itotber-in-Iaw.  This  is  all  I  have  to  say  as  to 
the  papers. 

Sievent,  Three  parts  of  what  she  hath  said 
vfidse. 

8e^.  Jefferici.  Well,  hold  you  your  tongue. 

Stevens.  Mr.  Atterbury  is  here,  my  lord,  that 
■niched  the  house. 

AtleHmri/.  Be  pleased  to  g^e  me  my  oath, 
I  iriD  tdl  you  what  passed. 

Ati.  Gen.  We  don't  think  it  material,  but 
joa  were  sworn  before,  stand  up. 

X.  C.  J.  Tell  the  manner  of  finding  the  pa- 
This  woman  gives  u^  an  account  01  a 
that  came  in,  pretending  to  f;:tch 


Uterbury.  Upon  my  oath  it  was  not  so. 
HIk  waterman  was  a  waterman  that  brought 
me  anl  two  more  of  my  fellows,  and  the  water- 
loan  AHowed  us  into  the  yard,  but  cauie  afler 
us:  and  being  ordered  to  fook  for  papers,  I  did 
oeareh  the  house ;  for  I  had  intelligence  that 
tboe  were  papers  there,  but  I  dii!  not  find  them 
dwre.  But  upon  finding  the  first  papers,  I 
nadethe  more  diligent  search,  but  could  not 
find  the  rest  I  most  chiefly  sought  after. 

Sen.  Jefferies.  Did  the  king's  waterman  take 
any  shaTmgs  by  himself? 

'Ailerbury.  We  were  all  together,  we  did  not 
more  out  of  any  one  room,  but  together;  this 
gentlewoman  was  in  the  house  when  I  came, 
•ad  there  was  a  little  child,  a  girl,  and  this 
maid  was  there. 

8eij.  Jefferien.  Did  you  come  for  shavings 
tiiere,  pray,  Mr.  Atternury  ? 

Atterbury.  No,  I  did  not. 

Mm.  Goodwin,  The  waterman  did  though 
fiist. 

ColL  Call  George  Spur.  (But  he  did  not 
appear.)  But,  Mr.  Atterbury,  before  you  go 
down,  pray  tell  the  court,  did  you  take  any  of 
these  papers  at  my  house,  or  at  my  brother-in- 
biw  Spar's  house  r 

StKtL  My  lord,  I  took  the  papers,  and  I 
todc  them  at  Busby,  at  Spur's  house.  And  this 
woman  carried  out  one  half  to  Spur,  aad  the 
niud  carried  out  the  other. 

vou  Yiir, 


your  house,  and  taken  thence,  and  aflerwarda 
carried  to  Spur's. 

ColL  They  earned  them  abroad,  and  handed 
them  from  oue  to  another,  and  took  them  i:\to 
tlic  country,  I  know  not  what  they  did  with 
them :  but  my  lord,  I  neither  know*  the  printer 
nor  the  author,  I  declare  it  upon  my  life. 

L.  C.  J.  Have  you  any  more  witnesses  ? 

Coll.  No,  m  V  lord,  I  have  not. 

L,  C.  /.  Will  you  that  arc  of  counsel  ibr  the 
king  call  any  more  ? 

Att.  Gen,  One  or  two,  if  vou  please,  my 
lord.  Call  John  Shirtaml.  And  it  is  to  this 
purpose;  it  seems  very  lately  Mr.  Bolron  would 
have  tempted  him  to  Lave  forsworn  himself 

Coll.  Sly  lord,  I  hope,  if  they  bring  in  any  ' 
lK?i>Jonsof  new  evidence,  I  may  have  leave  to 
contradict  them. 

h.  C.  J.  You  need  not  fear  but  you  shall  bs 
heard  to  them. 

Att.  Gen.  We  shall  prove  Bolron  to  be  a 
suborner  of  witnesses ;  and  that  the  jury  may 
know  what  he  is,  he  and  Mowbray  have  ^oue 
to  give  evidence  at  several  trials,  and  the  jury  ' 
would  never  believe*  them  when  they  were  on 
their  oaths. 

Serj.  Jefferies.  I  think  it  needs  not,  time  bath 
been  spent  enough  alread}'. 

Coll.  >iO  whispering,  g^ood  my  lord. 

Serj.  Jefferies.  Good  >Ir.  Colledge,  you  are  ' 
not  to  tell  mo  my  duty  here. 

Just.  Jones*  Is  it  not  lawful  for  the  kinsr^s 
counsel  to  confer  tog<itber  ? 

Coll.  Not  to  whisper,  my  lord  ;  all  ought  to 
be  spoken  out. 

X.  C.  J.  Nothing  ought  to  be  said  to  the  jury 
indeed  privately. 

Att,  Gen.  But  shall  not  we  talk  among  our* 
selves. 

Coll.  No,  I  hope  not,  of  any  thing  that  con- 
cerns my  trial. 
.1.. ...  —  ■       I    I.     ■— <—*i^p».—— 1.^—1^— —.j^— 

♦  "  What  the  Attorney  here  says,  and  tho 
Solicitor,  m  sumuiiugup  the  evidence,  repeated 
after  him,  is  notorif»usly  false ;  for  at  the  Sum- 
mer-Assizes at  York  the  year  before,  Thouia« 
Thwing  was  con\icte«l  solely  ujKjn  the  testi- 
mony of  these  \ery  men  in  their  own  country^ 
as  was  afterwfuxU  exocu^od*''    Orig.  Kdit. 

2X 


ohi^  sSk'mBSia,  is<iBiMMm*  lav-fm <i jmr » iwini ,  w# 


JiMt /onu.  Vouaredec«TedintlMt. 
CfJf.  I  tliink  it  is  B  Uw,  that  all  ought  to  be 
pjAlic;  I  beg  yoor  ptrdiui,   if  1  nm  is  tbe 

Ml.  Gtn.  Swear  JtAm  KmHhk^.  (Which 
wtodunc.)  Praf  |fir«  the  court  a>d  tbe jnry  an 
account  of  BulroniWhatfoti'kiMnr'Oi'Bim. 

Shiiland.  BtAnm^  inj  lord.  Ipit  WMtMin- 
Tuesitay  would  hHenMU  DM  tw  pfooda  and  a 
hoFM to gu down  ana  tmMKfg/igttKr  Miles 
titajiIetoD.  I  iratloairMrl'in*  cabpned  by 
hu  friends,  and  MTeral  oAer  peraiws,  which  I 
bare  disco(er«d  upon  my  oatb. 

X.  C.J.  Ib  this  man  sworn  F 

All.  On.  Yea. 

£.  C.  J.  Now  call  Bolion  to  «»i&tml  bin). 

CW/.  Heoffered  yon  an  borne,  aimucliBa  I 
offered  Tarberrile  aa  bone,  and  1  oever  offer- 
ed'bim  DD  borte  in  tbe  world.  [Then  IJoItqb 
appeared,! 

L.  C-  J.  I>  di'm  tbe  man,  ShiHand  ? 

Alt.  Cen.  Did  he  gne  you  ten  pounds  to 

Shirland.  He  bid  me  ten  ponnd;  and  an 
horse  to  awear  airainst  sir  M  iln  Staplelon. 

Jiml.Jonet.  Didyouererseehim,  Bntron? 

Bolroa.  Yes,  my  lord,  he  was  to  have  been 
a  witnfSi  against  sir  Miles  i^tauleton,  and  he 
pretended  that  be  was  ■ubomnl  by  sirSiiles  or 
■omc  of  bbfriciids. 

OtIL  What  areyon.  Sir  ?  Mr.  Botron.what 
■9  Mr.  Shirland  ? 

Bolron.  Ue  is  a  man  that  liies  by  bis  shifts : 
He  bath  been  wblpt  in  Dridewrll. 

£<dL  Do  yau  know  him.  Sir,  what  is  he  T 


Bolra 


Shirlenil,  You.once  whenyousawi 
your  tword  on  me,  because  Iwoold  di 
you  would  haTe  me. 


Nys  aguntt  Mr.  Bolron. 

Smith.  As  we  were  eoniitig  up  along,  he  was 
•peaking  to  me  of  Oolledge,  and'told  me,  be 
had  IS  tmich  to  say  against  hint  a*  any  Iwdy, 
•ud  if  1  would  «peah  for  him,  be  would  evi- 
dence against  sir  John  BraoLaforadiscniuseat 
Ferry-bridgi;. 

Bulran.  I  never  did  beat  any  such  thi[U|'. 

Sniilk.  Nomani»yourO)nicouQtry wJUbe- 
lic*e  you. 

Coll.  They  believed  you  no  more,  itteems, 
nehber. 

ih  C.  J.  Do  you  call  any  more  wttne«>et, 
g^atlentcu  F 

Scij-  Jefferica,  No,  1  ttunb  we  need'not. 

t.C.f.  Look  you,  Mr.  Collcdgf,  as  I  un- 
derMand  it,  Ibt  kind's  counsel  will  produce  no 
nfore  n-itDesses.  'H  ou  may  make  what  obser- 
Tatjonsynu  "ill  upon  the  evidence  to  the  court, 
•nd  then  must  let  them  make  what  observations 
they  ivill  to  tbe  court  j  and  then  we  will  give 
Ihectwrge'ta  the  jury. 

Coll,  My  brd,  I'bave  only  iuoocence  tu 
g«d ;  I  have  no  flourLshes  to  set  off  my  de- 
fence. I  (Sianot  takK  llie  jury  nor  the  court 
^fto  an  omtogr  i  I  aiu  unhajipy  to  thoM  thingi. 


But,  my  lord,  I  do  dei^lnrF.  as  to  my  iTwa  pw- 
ticular,  m  the  pteseD<ie  of  God  Aliniglity,  that 
as  to  whatsoever  Li  Tmum  a^aiast  me,  a*  to  tbt 
sdzin(r  bis  majesty.  proTiditi|f  arms,  n  bav. 
ingaiiydcswn  either  at  Oxfin^  dtLuiuIod,  or 
any  oiher  mare  in  the  world)  to  tnze  upfiB  iIm 
perWnof  tbe  kiog,  or  to  rebel  a^nal  tlic(^ 
vemment  ettablislied  ;  I  vow  to  God  .Ihnigiity 
Ineterhadsuchatliousht  in  me:  lliialnilti, 
my  brd.  My  lord,  tbev  have  swon  An^mt/t- 
ly  against  me,  aikd  it  hath  nppenred,  I  Uiink  tj* 
very  credible  persons,  that  they  have  n^ 
tradi'.'led  one  another.  It  bath  ceen  pnml 
tliattliiawas  a  design;  that  they  were  Im- 
peted  withal ;  that  they  complained  they  wn* 
in  poverty,  that  they  wauled  maintenaiiM',  a«4 
they  did  confess  tliey  were  tempted  to  cMI 
over  tn  swear  against  ProtcuautB :  Aud  w» 
tb<t  Ij»vi1  knows,  they  have  closed  with  il(  nJ 
lheyb«^ii  wiihme.  I  bopethejurvbaT«tihi 
notice,  that  I  have  contradicted  tnem  lufis- 
ently  in  wliiit  they  have  ■worn  ;  and  that  it  In 
not  possible,  if  i  tiad  a  grain  of  aaiae,  for  ■• 
tiibscovermTselflo  besuclianonetoHayB^ 
that  wa-<  an  Ii-ishman,  and  should  s[>e«kaO  IW 
treawu  that  he  halb  galtoppeil  throui;hal  fln> 
sight,  tiiat  as foon  aaeverl  saw  birn,  that  I 
should  speak  sn  to  him  ;  I  hope  you  will  nn- 
sidcT  whether  it  consists  with  common  rtww, 
when  there  would  be  no  proUdiilily  of  makiiif 
any  use  of  him  in  the  world.  Sly  )ord,«ll  mj 
witnesses  that  I  have  brought,  your  lordibif 
mn,  aud  1  hopeymi  will  sum  tliem  i<p  lietin' 
than  I  can  ;  tor  Ideclareit,  IhavebeenaoMa- 
cemed,  that  I'harenotbeim  fd>le  tawrite  kilf< 
of  it  down.  But  I  think  there  is  nerer  a  vm 
that  halli  sworn  a^in&t  me,  but  hath  been  mA 
ciently  confuted  by  persons  of  integrity  in* 
honesty,  nien  of  principles,  and  men  of  n- 
ligion  ;  they  are  sucb,  my  lord,  tbatmaltacoD- 
scionceol'  what  they  Kay  ;  They  nre  penan; 
altogether  unknown  to  me,  mostof  them, 


what  they  had  lo  say,  it  was  what  thov  offimd 
voluntarily  ;  and  I  am  certainthev  had  nnfidag 
but  their  bare  diarges,  if  they  bad  that,  (x 
theu'  pains,  in  coming  hither ;  and,  my  lord,, 
there  IS  uo  probability  that  they  should  coae 
and  atte"!  any  thing  that  is  false,  tbe  me  who  I 
am  a  stmnger,  tor  nothing :  No  man  b  a  koavt 
for  □othing,  as  I  bcheve  ihesa  men  are  bdI..  ' 
My  iordr  I  do  declare  it,  I  was  bred  a  Pn-  ' 
testaut,  and  havelived  so ;  I  am  so  to  this  voy 
day  ;  I  have  been  a  lover  of  the  chuieh  at 
England,  and  of  all  the  fundamental  poiuts  of 
doctrine  believeil  in  it  :  I  own  the  same  God, 
the  same  Saviour,  the  same  gospel,  and  tbe 
samefaith  ;  I  never  had  a  prejudice  against 
any  nan  in  the  chnrch  in  my  life  but  such  ** 
have  made  it  thdr  business  to  promote  the  in- 
terest of  the  papists,  and  such  1  must  beg 
leave  to  say  there  arc  amongst  them;  For  there 
is  no  society  in  the  world  without  some  bad 
muu  ;  and  these  do  proiiiule  tbe  intei-est  of  llu 
papists,  by  dividing  the  l^lcsianta.  and  al- 
lowing none  to  be  true  ProtL-stmits  but  th«e 
that  are  within  the  ohurcli  of  England  eU- 
bthed  by  lafr  ;  which,  is  a  notion  so.  vnit  i 


n 


STATE  TRIALS,  S3  Chables  If .  l681.-/or  High  Tremm.  [S7* 


iddoerer  dote  with  that.  I  never  had  a  pr«- 
hee  againsl  any  man  but  a  knave  in  my  life, 
lave  heard,  I  ^int'css,  some  oi'  the  dinenters, 
d  I  ha;?e  fuund  very  honest,  just,  pious,  \SQA\y 
?n  amoi^f  them  ;  Men  iree  from  oaths  and 
debancnerj  ;  men  tliat  make  a  consciencse 
what  they  tay  ;  Not  like  some  persons  tliat 
jT  they  are  of  the  church  of  England,  that 
ny  tnemadves  in  their  lives  ond  ac*tions  so 
that  DO  credit  can  be  grained  to  the  church  by 
em.  My  lord,  J  have  been  an  heartv  man 
;ainst  tlie  pafiists ;  I  hare  been  an  nearty 
in  as  any  person  of  my  condition,  for  parlia- 
ents,  which  I  k)ok  uuon  lo  be  my  birth-right, 
id  under  God  Almiglity,  the  bulwark  of  our 
wty  ;  and  I  am  sorry  if  any  man  should  be 

I  instrument  to  create  a  misunderstanding  be- 
lilt  the  king  and  the  parliament;  tor  I 
irays  thought  I  served  my  country,  when  I 
md  the  pwiiamciit,  and  I  served  my  king 
ben  I  served  my  country.  I  never  made  any 
iftrenoe  between  them,  because  I  thought 
m  both  one.  I  had  the  honour  to  be  en- 
nMted  by  them  beibre,  and  upon  that  account 
cuae  voluntaiily  down  hither.  I  rid  my  o^vn 
sne,  I  spent  my  own  money,  and  eat  my 
Ml  bread  ;  I  was  not  behnldin|r  to  any  man 
M  the  value  of  ^d,  all  the  while  I  was  here, 
iylnd,  1  have  ever  since  the  Plot  hath  been 
EMMmd,  endeavoured  with  all  my  heart,  and 
lay  power,  to  detect  and  come  at  the  very 
iMBn  of  It :  I  have  spared  for  no  time  nor 
■MfWliai  lay  fairly  m  my  way,  in  ei'ery 
lia|^lo  encourage  those  that  discovered  the 
iMBietof  the  Popish  Plot  agauist  the  life  of 

II  king,  and  for  the  subversion  of  the  religion 
id  goveraiiient  established  by  law.  Now 
irtMoly  it  b  not  Strang  to  the  workl ;  for  I 
Mk  all  Christendom  is  aware  how  plain  the 
^pirii  Plot  hath  been  proved.  These  men 
Miirear  against  me,  were  they  that  nsed  to 
iMv  ne  sometimes  ;  they  would  say,  it  was 

a  that  bad  oome  to  save  our  lives,  and  yet 
t  them  want  bread.  That  argument,  my 
id,  was  80  fair,  that  I  thought  it  unreasonable 
me  them  starve :  and  I  have  said  sometimes 
inme  honest  considerable  men,  that  it  was 
■d  they  shouM  have  this  to  say  of  us,  that 
Wf  abodd  want  breacl  to  eat  *that  were  the 
ing^  evidence,  to  detect  a  Popish  Plot 
hmn.  we  ounwlvea  were  concerned ;  and  that 
ben  they  had  saved  our  bkiod  in  our  veins, 
Myabould  be  suflered  to  starve.  And  one 
■a^  I  think,  some  three  or  tour  gentlemen  of 
Mci^  did  give  me  4'<^f.  or  40«.  and  18t/.  or 
iKHboulB ;  which  I  did  distribute  amon^i;^ 
lai :  aod  they  never  came  to  me  in  my  life, 
ttia  seek  relief,  they  knowing  that  1  had  a 
aoquaintanee.  And  sometimes  they 
it  miglit  be  fit  to  petition  the  common- 
of  the  city  of  London  to  take  care  of 
lais  aooMCiinea  they  wonM  siieaktome  to 

ela  paitiGiilar  men,  tliat  care  should  be 
of  them.    At  other  times  indeed  it  was 
of  diflootuie  thev  had  with  me 


■I  Ifaqr  wooid  preteiMl  they  nad  sometliing  to 
oflhtFopialiPliOtyandiio  theywoukl 


apply  to  me  as  a  man  of  some  acquaintancor 
And  the  first  time  1  saw  Hayncs,  was  upou 
such  an  account,  tlie  beginning  of  March  Jast, 
and  it  was  thus :  I  was  at  UichanPs  cofTee- 
house  at  Temple- Bar,  where  Macnamarra  did 
desire  me  to  go  out,  and  I  should  hear  such,  a 
piece  of  roguery  I  never  did  hear  in  my  life, 
a^nst  my  lonl  Shaflesbury.  ifo  I  did  go  out 
with  them,  and  I  called  captain  Brown,  who  i^ 
since  ilead,  to  g(»  with  nie ;  and  we  went  to  thv 
Hercules-Pillars,  and  Hayncs  there  discuverefl 
what  I  told  yuur  lordship  before,  a  dcsigi^  to 
destroy  the  jiarliaincnt  at  Oxford  ;  an  aimy 
tliat  was  to  mnd  in  tlie  North,  anil  another  ut 
Ireland,  and  the  duke  of  York  was  to  be  at  the 
head  of  them.  My  lonl,  afW  I  bad  heard  all 
out,  lie  did  deure  us  all  to  conceal  what  he  had 
said  till  the  parliament  sat,  and  then  he  would 
not  only  discover  tliis,  but  much  more.  He  at 
the  same  time  told  us,  that  there  was  a  design 
of  Fitz-gerald's  ag[ainst  my  lordiShafieiburv  to 
take  away  his  life,  and  he  was  employed  to 
come  to  his  cousin  Macnamarra  to  get  hii^ 
over  tojoin  in  Uie  design,  and  he  should  never 
want  for  money,  if  he  would  but  come  over 
and  do  as  they  would  have  him.  Alter  he  had 
discovered  himself.  Sir,  said  I,  von  are  a 
stranger  to  me  ;  and  I  ne^er  saw  bim  befbce 
in  my  days,  if  he  had  seen  me  I  cannot  tell : 
but,  Sii',  said  I,  either  this  is  true,  or  this  is 
fidse.  If  it  be  true,  said  he.  It  is  all  true,  and 
much  more.  8o  he  up  and  told  us  much  of 
Coleman,  and  of  the  reconciliation  between  the 
duke  of  Ormande  and  the  duke  of  York,  and 
how  he  came  to  be  lord  lieutenant  of  Irdand, 
and  how  Plunket  came  to  be  primate,  and  bv 
means  of  whom,  and  the  letters  that  passed, 
and  how  so  much  a  year  was  given  to  Plunket 
for  carrying  on  the  correspondence;  and  he 
told  us  so  much,  that  I  did  wonder  to  hear  any 
man  talk  after  that  rate.  After  I  had  heard 
what  he  had  to  say,  I  told  him.  Sir,  said  1,  ihis 
is  either  true  or  false  that  you  have  said  :  if  it 
be  true,  my  knrd  Shaftesbury  sliall  know  it  to 
night ;  for  I  will  not  conceal  such  a  thing 
concerning  a  peer  of  the  realm  :  and  if  it  were 
a  cobur,  lie  should  know  of  it.  And  I  did 
send  him  word  that  night ;  and,  said  I,  Sir, 
you  ought  to  go,  for  your  own  security  and 
our*s  too,  to  swear  it  before  a  magistrate. 
Said  he,  if  I  should,  I  should  lie  discovered. 


So  he  agreed  he  would  swear  before  sir  Geon^e 
Treby ;  and  he  did  go  accordingly  :  but  he 
being  out  of  town,  I  cannot  have  the  affidavit 
to  pi^uce  it.  Tlierc  was  a  letter  sent  last  Sa- 
iunlay  night  to  sir  iiefirge  to  Bristol,  and  I 
hopeii  he  might  liave  been  liere  to  day.  This 
was  the  first  acquaintance  I  ever  had  with 
Hay  pes.  The  next  time  I  heard  of  him,  was 
upon  this  occasion.  Ivy  comes  to  me  in 
Kichard's  coffee-house,  nnd,  saiil  he,  yoiulcT  is 
the  man  that  made  that  discovert' ,  'which  I 
tokl  you  before  that  Haynes,  had  said  to  me  ; 
it  waa  about  A  UMmth  or  three  weeks  beiorethi 


C79]     STATE  TRIALS,  33- Charles  II.  l6Sl^rrfVi/  ^  Slepkem  CotUge.    [(10 

p:aliament  was  at  Oxford.  After  the  parlia- 
ment was  Hifsolved  at  Oxford,  b'y  comes  to 
mc,  and  I  think  it  was  betwijEt  the  two  t«nns 
wherein  Fitzharris  was  arraigned  aiid  tried :  I 
know  hot  the  iiair.es  of  them  ;  biit  he  comes  to 
me,  and  tells  me  he  had  been  with  my  lord 
^liailesbur^',  and  that  there  was  a  friend  of 
Jiiif  that  would  confirm  all  that  Fitzharris  had 
discovered  concerning  the  murder  of  sir  Ed- 
mundbury  Godfrey  ;  and,  says  he,  my  lord  of 
Shaftesbury  hnth  sent  me  to*  you  to  acquaint 
you  with  it.  AVhere  is  your  friend  ?  said  I. 
He  is  without,  said  he.  *So  we  went  out  of 
the  coffee- house  ;  and  when  uc  came  out  of 
doors,  there  was  this  Haynes  :  we  went  to  the 
Cro%\n  tavern  without  l^cmplo-Bar  ;  it  was  in 
the  forenoon.  AVhen  we  c&ir.e  there  into  the 
room,  he  examined  all  the  corners  and  cup- 
boards, and  places  about  the  room,  to  see  that 
no  body  was  there.  When  he  thought  all  was 
secure,  he  began  to  tell  me  he  had  been  to  ac- 

J|uaint  my  lonl  Shaftesbury  that  there  was  a 
riend  of  his  that  would  discover  the  whole  in- 
trigue of  the  murder  of  sir  £.  Godfrey,  all  that 
Fitzharris  had  said,  and  much  more :  and  he 
/  desired  ine  that  I  would  intreatmy  lonl  Shaftes- 
bury to  be  instrumental  to  get  his  pardon  before 
lie  discovered  particidarly.  Then  I  told  him, 
I  think  it  is  convenient,  said  I,  that  you  dis- 
cover somethhig  in  wriiinsr,  and  under  your 
hand,  \%hat  you  can  say.  lie  was  not  willing 
to  do  that.  "^Cau  you  believe,  said  I,  that  my 
lord  of Shaftfsbury  >*ill  betray  von?  Says  he. 


I  w\\\  not  tmst   auv  bodv;   I  bdall  be  assussi- 
nated.     Saii!  1,  if  \<iu   will  not  give  it  to  any 
bodv  else,  will    \c»u  give   it  to  >Jr.  Micliael 
Godfrey,  sir  E.  Gwlfn-y's  brotlirr  ?  You  can 
have  no  jealousy  of  him  thai  lie  will  tvtr  dis- 
cover }ou.     JSaid  he,  if  my  lord  Shaftesbury 
will  engage  to  £jfet  me  a  pardon,  I  will  tell  tlie 
whole  truth.     Said    I,  1  will  go  to  my  lord, 
and  acquaint  him  :  so  I  went  to  both  mv  loul 
and  Mr.  Godfrey ;  and  sir  ¥..  Godfrey^s  two 
brothers  lK)th  met  me  at  my  lonl  of  Shaftes- 
bury's house.     This  is  the  iliinj;  that  he  tells 
me;  he  would  lia\e  nie  gel  my  lord's  pro- 
tection and  a  [^aidon  for  treat  on  ;  but  the  nal 
truth  is,  he  i:ent  me  upon  this  eri-and.     So  I 
came  to  my  lord  Shaftesbury,  and  the  two  Mr. 
Gotlfrev  s  V  t  re  in  tlie  n>oui ;  and  alter  1   had 
told  my  luid  v\li::t  disoourse  1  had  with  him, 
says  my  lord,   Colltdge,  these  Irishmen  have 
confounrled  all  oiu*  business  ;  and  thou  and  I 
must  ha\e  u  rare  they  do  not  put  a  trirk  upon 
lis  :  this  must  be  a  trick  of  the  papL^tb  to  ruin 
us  ;  and  if  they  ha^e  such  a  design,   if  ihry 
^■Ul  not  put  it  up(»n  \o\\  and  I,  they  are  f<iol>. 
V|H)n  your  lordship,  said  I,   they  mny  ;  but  I 
am  a  poor  ineouNJiiorablo   felU-w.     Savv  my 
lonK   J  will  t.Il  yon,   Mr.  t;..dfrey.  Mr.  Cof- 
leilge  haih  nut  only  been  an  honest  man,  but 
an  Uikeful  and  an  active  man  for  ihr  l*roi»  slant 
mti'n^sf.     Si  1  t.hl  my  lonl  how  far   1   had 
gr«»ne  with  him.  ami  ihut  I  de>iu-«l  il  mi^ht  be 
IH«  ill  writin*:.     Sa\  s  mv  lonl   Sliafteshui  \ ,  ir 
lie  Will  put  it  in  writini;,  I  will  tjo  unet  aprain  ; 
M>r  1  have  been  since  1  san  the  IcUoh  \*jih  mv 


lord  ftlaocleBfield,  ami  nir  lord  chii   , 
Pemberton,  and  my  bra  Chaocelkr,  and  I 
have  told  them  that  there  is  aucb  a  perfoo  ii 
general,  but  I  knew  not  the  man  ;  as  indeed 
my  lord  did  not,  for  only  Ivy  was  the  penon 
betii  eeu  them  that  my  lord  Imew :  and  I  told 
them,  savB  my  lord,  that  ha  can  confirm  iD 
that  ritznanis  has  said  oonceniinff  tbedesthtf 
sir  £.  Godfrey,  and  that  he  woiud  prove  mj 
lord  of  Danby  was  in  it,  if  he  might  baie  U 
pardon ;  and  my  lord  said,  tlicv  promised  ti 
speak  to  his  majesty  that  it  migot  be  gianlBd. 
But  some  time  the  latter  end  of  the  neck  1 
heard  it  would  rot  be  granted ;  and  both  tf 
these  men  followed  me  to  know,  what  tkey 
should  do.  Said  I,  my  lord  Shafiesbury  koiwi 
not  but  that  it  may  be  a  trick ;  and  said  I  ts 
Ivy,  I  wonder  why  he  should  conceal  it  afl 
this  while,  being  a  necessitous  man,  and  SXjOL 
proffered    by  the   king  in  bis  prockmatiii. 
Why,  says  Ivy,  do  you  thhik  there  is  no  tnsk 
in  it  ?  Says  fvy,  it  is  not  my  judgment,  bit 
my  lord  t^iaftesbur}  's  and  Mr.  Godlrej^'s  judg- 
ment too.    lie  answered  me  again,  (itzbum 
hath  desired  he  may  have  a  pardon  gnottd 
for  himself  and  a  Frenchman ;  and  if  so  k 
there  were  no\hing  in  it,  do  you  think  U 
would  move  for  a  pardon?  Sa}S  I,   did  Mr. 
Fitzharris  mo^  e  for  Hay nes's  pardon  ?  H«r 
do  I  know  thAt,  says  Ivy  again :  Fitzhanii's 
wife  told  me  so.    Says  I,  let  me  speak  wik 
Fitzharris's  wite,  let  ine  bear  her  say  so,  anil 
Mill  l)elieve  vou.     The  next  day  he  did  bring 
her  to  me  to  my  house  :  and  this  was  the  time 
and  the  oerasinn  that  brought  Fitzhai'ris's  nife, 
and  ilaynes,  and  Ivy,  and  Mr.   Fitzhariis'i 
maid  to  my  house ;  and  I  never  baw  Fitzhairif 
in  my  days,  till  his  trial,  nor  hail  any  commu- 
nication  >\ith  him      Itnt,  my  lord,  she  did  talk 
j  Mith  Ilaynes,  and  coniiimed  it  to  ine,  that  her 
hui:band  had  de^ireil  a  pardon   for   him  :  why 
then,  said  I,  he  uould  do  well  to  discover  nbat 
he  knows  to  my  lord  ^^hafte!»bu^y  ;  for  1  was 
with  my  lord,  and  he  sa>s  he  \%i\\  meddle  no 
;  more,  unless  be  vi  ill  give  it  imdor  his  bazMl 
VI  hat  he  has  to  sa}  .     Aud  he  did  confess  to  ine 
in  mv  own  yard  (for  ihere  we  \*ere  ti>getbfr) 
'  that  fie  sau  my  lonl  of  Danby  cume  into  ihe 
ehaiifl  at  Somerset  House,  w  ben  the  body  ot' 
sir  £.  (^odfrev  lay  under  the  ahar. 

L.  C  J.  llcie  hath  been  nothing  of  lhis> 
made  ap|H'ar  by  proof. 

Coli.  !>I\  lunl,  I  only  tell  y  ou  w  hich  way 
they  iutruduccd  themselves  into  my  acquaiut- 
anee. 

L.  C.  J.  You  may  observe  what  you  wiH 
I  upon  ihe  evidcuce,  as  we  told  you  i*but  >ou 
rauiblt^  fiom  ihe  matter  you  are  to  speak' lu. 
And  r..s  \\v  told  Mr.  .Auoruey,  that  wh:.the  said 
should  'jfo  for  nothing,  unle.^s  he  made  it  uut 
In  pr^' 'i  ;  so  nuisl  wcsay  to  you,  what  you 
say  L^i'i.s  lur  n.iihititr,  lurther  than  you  ba^e 
pruned  il.  Now  you  ha\e  quitted  the  pru')f 
(piiti.',  «irad  n>-i  ^jioke  to  that,  but  run  iuio  uUki' 
.  siorii  s.  i  wuiill  have  you  keen  voui"sclf  t« 
I  yi-ui'priH  1^,  ivA  make  \our  oorjerv  ations  U{>ua 
i  ihciu. 

I 


'  STAT£  TRIALS,  33  Charles  IF.  l681.— /cr  High  Treason. 

is,  at  1  humUy  conccire  it,  to  my 
ut  I  hope  my  ignorance  uiay  exciuie 
r.     I  teU  you  the  truth  ot*  thiugas, 

8. 

.  Truth!  Why  if  yours  or  any 
l's  word  in  your  case  should  go  fur 
nau  that  stands  at  a  bar,  could  be  Con- 
or every  man  will  say  he  is  an  honest 
all  thephiutiible  things  in  the  world. 

I  your  obserratioDS  ujion  the  proof, 
^>er  for  you  to  do  ;  and  urge  it  as  well 
I,  and  to  the  best  purpose  you  can  : 

II  us  long  stories  ot  passages  between 
thers  that  are  not  a  whit  pi-oved,  that 
il,  nor  pertinent. 

thought  it  had  been  to  the  point, 
luan  pretends  to  ha^e  a  familiarity 
\o  shew  how  his  acquaintance  begun. 
rites.  Why  do  you  think  it  is  an  an- 
m  10  what  he  proves  upon  his  oath  ? 
1  proved  one  jot  of  it  i*  Not  that  I 
d.  It  is  your  part  to  sum  up  the  evi- 
your  own  side,  and  to  answer  that 
proved  upon  you,  if  vou  can.  Do 
M'e  will  hear  you  speaik  to  it  as  long 
1.  But  to  teU  stories  to  amuse  the 
tliat  are  not  proved,  and  to  run  out 
ing  disoourses  to  no  purpose,  that  is 
llowed,  nor  ever  was  m  any  court  of 

'^ymond.  Not  one  of  your  witnesses 
Uooed  any  thing  that  you  say. 
evinz.  1  wonder  Mr.  Cdledge,  you 
vget  yourself  so  much :  For  you 
It  with  Mr.  Attorney  at  the  beginning 
g  the  endenoe,  and  you  were  tokl,  and 
rere  told  at  your  reuuest,  that  wliat  he 
lid  not  prove,  passed  for  nothing.  But 
1  voy.  It  is  much  worse  in  your  pase : 
Attomev  only  opened  what  he  might 
rwards,  but  your  obsenations  are  upon 
I  been  proved  already ;  and  yet  you 
Bto  stories  of  what  hath  not  lieeu 
•11,  after  our  proof  is  past, 
ir,  1  could  not  prove  this  otherwise 
ry,  who  hath  been  sworn  against  me. 
(Nus.  Would  you  have  the  jury  to  be- 
upoD  your  word  P 
iliere  is  no  more  than  his  oath  against 

why  my  oath,  being  an  English- 

a  prolestant,  should  not  be  taken  as 
a  thai  is  an  Irishman,  and  hath  becm  a 

KAOW  DOL 

^  You  go  upon  that  ground  that  your 
>  be  taken,  as  appears  by  your  defence ; 
t  tell  you,  all  the  course  of  justice 
ivyed,  and  no  iuatice  against  malufac- 
t»  be  had  if  the  word  of  him  that  is 
haaldpasa  for  proof  to  acquit  him. 
fjknl,  I  have  given  yourlonUlup 
Hnf  thcaefeltows  conversations ;  and 
ITMiMiftlomake  I  know  not:  Fori 
vinft  they  would  swear  against  me, 
lastfiitoeues  in  my  pocl^  to  con- 


Welly  tho  jury  have  heard  it 
Mw  VgUBf  tint  iipon  your  request. 


[682 

tliat  nothing  is  to  be  taken  notice  of  that  is  not 
proved. 

Coll.  Prav,  my  lord,  then  as  to  Haynes. 
My  lord,  1  do  obser^  e  that  there  was  a  wuness 
for  me  that  did  prove,  he  owned  he  was  one 
that  was  employed  to  make  a  protestant  plot, 
and  another  that  did  hear  him  swear,  <lamn 
him,  he  would  swear  any  thing  against  any 
body  for  money,  lor  it  was  his  trade. 

Just.  Ltviuz,  Now  }ou  are  right  \  speak  as 
much  as  you  will  as  to  your  prools. 
.  ColL  My  lord,  I  think  Turberviie  and  Dog- 
dale  swear  as  to  the  tenth  of  March  m  Oxon  ; 
I  desire  it  may  be  proved  I  was  in  Oxtord  the 
10th  of  Mart^h. 

Just.  JoHct.  You  yourself  came  down  the 
middle  of  March. 

L.  C.  J.  I  do  not  remember  that  they  said 
the  10th  of  March. 

CiUL  Did  not  the  Indictment  say  so  ? 

Att,  (Jen,  It  i^  only  in  the  Indictment. 

X.  C.  J.  As  to  the  time  mentioned  in  the 
Indictment,  it  is  not  material ;  that  is  the  con- 
stant rule  in  triaki  upon  indictments ;  as  if  an 
horse  be  laid  to  be  stole  the  10th,  if  it  he  proved 
the  prisoner  stole  it  another  day,  it  will  be  suf- 
ficient, the  time  is  not  material ;  the  quieation  is, 
whether  the  indictment  be  true  in  subatance. 
Mr.  Colkdge,  my  brothers  will  all  tell  you  that 
the  law  is  so. 

Just.  JUvMjr.  Though  it  is  laid  the  10th  of 
March,  yet  if  it  be  proved  the  1st  or  90tk 
beiore  or  alter,  it  is  all  one ;  so  the  thing  be 
proved  they  are  not  bound  to  a  day. 

ColL  My  lord  the  punctilios  of  law  I  know 
not,  but  it  was  the  S4th  or  25th  ere  I  came 
down. 

L.  C.  J.  Well,  go  on,  Sir. 

ColL  Dugdale  says  I  meant  by  the  w6nl 
Ilowk*y,  the  king. 

Just.  Jones,    lie  does  so. 

ColL  How  does  he  come  to  know,  that  by 
that  word  I  meant  the  king  't 

L.  C.  J.  That  we  did  ask  him,  and  he  says, 
you  used  so  to  expound  it. 

Just.  Jones.  Wh^,  look  you,  he  said  you 
and  he  used  u»  have  Irequeut  couimunioatiioa 
concerning  the  king,  and  ^ou  did  most  fre- 
quently speak  of  the  king  by  the  name  of 
Uowley. 

ColL  But,  I  say,  my  lord,  1  never  spake  of 
tho  king  by  tlie  nuoie  of  Ro\»ley  m  my  life. 

Just.  Jones^  You  nay  it,  ana  he  swears  the 
contrary. 

ColL  1  do  not  remember  that  lie  says,  I  de- 
ckve  it  so  ;  but  he  said,  I  meant  it ;  for  if  I 
hail  (lec:Iarc'd  it,  then  it  had  been  the  same 
thing  tor  me  to  have  named  tlie  king  down- 
right. 

Just.  Levinz.  Look  you,  Mr.  Collodge,  as 
to  that,  when  anv  witness  had  done  his  evi- 
dence, you  had  fiberty  to  cross  examine  him. 

L.  C.  J.  Would  vou  have  him  called  up 
again  to  clear  this?  * 

ColL  Yes,  if  you  please. 

L.  C.  /.  Stanil  up,  Mr.  DogdaleL    '  ^ 

stood  by  your  tostunony,  wbea  Ifcl 


'«n]     STATE  TRIAU,  33  C11UI.F.S  II.  16S1.— Trill i>rJK]lllai«aM^,    ft 


and  yOD  discouraed  of  ihe  Idng,  yoii  smnfliinn 
diixumr^il  of  Viim  by  ihe  name  of  llnwlf^', 
tnd  th»t  he  eirulaineo  thai  naine  to  ht  iUp  kiii^- 

Dufdale.  The  fiwt  time  I  ever  hi>aril  whm 
Rowtey  nieani,  wb*  from  l^iiu  ;  <l>r  I  ankcd 
him  ^^ll«t  he  iiwanl  by  the  name  Knivky  ;  I 
-     hnnt  it  bef»i»,  i'ui  I  i(iil  nut  nuderniand  ii. 
,X.C.  J.  HTnTPwasit? 
jir^igd.  At  Itirhnnl'scfiflee-hoiwe. 
^Ntovt.  Jtinn.  \VhU  w»s  the  aniiner  ho  madu 
m^f—D»f!4.  He  Kud  it  ifas  ttw  king, 
.  a^iiCA'J.  UiMin  wliat  occanon  did  I  explKin  it  to 
yrof 

J!>H^.  Upon  the  accfmnt  of  the  pirturra. 

Coll.  I  know  not  which  of  the  pictUTca  Uai 
tbe  Mine  of  Rowley  in  it. 

Dugd.  Itwutheiine  were  lalkin:;  of  one 
*i"  tbc  picture*  yoti  brangffat  in  Itotrley  and 
Mac,  and  Mae  was  the  duke  of  York,  Euidilow- 
ley  was  the  kiD)[. 

■  >Ca//.  V)Kin  wliat  pii-ture  irss  it,  thai  1  took 
MfHUDon  to  eaplajii  tiie  name  K.owley  to  you  ? 
WtpDngd.  I  am  notmriain. 
^PCW/.  R^memlvei-,  you  have  an   account  to 
■fjfmai  ivcUas  I. 

Dugd.  You  haie  m  many  picture*,  that  I 
cannot  nrmember  them ;  you  liare  iheived  ute 
■norcthnn  have  been  produced  in  court. 

£o(l.  Where  bail  you  that  picture  Iron)  me 
they  call  the  Hary  Hliew  ? 

Ovgd.  Truly  1  received  of  them  twice  at 
Sichard's  Cottee-house. 

Coll.  Twice  do  you  My  ? 

Dugd.  Yes.lwoof  Ilit'mat  two  several  timest 
for  yon  having:  promiwd  me  one,  you  bniiiglii 
it  according  to  your  word. 

Coll.  Ulien  was  that  ? 

Dagd.  I  did  not  keep  an  account  of  the  ilny 
of  the  month  -,  and  anulher  I  do  remember,  at 
Green  Dnu^n  Tavern  jou  ibnisl  into  my 
pocket,  and  Mr.  Baldwin  waa  by  at  that  time. 
And  said  he,  Mr.  C'oiledg-e,  you  will  be  so  open 
that  you  willcome  lobediseovered  at  ta«t. 

<U>ll.  Thenwill  1be«illingtodiefoTit,irbe 
•nd  I  and  Mr,  Baldwin  were  at  the  Green 
Dragon  Tavern  tn^her.  When  waa  it  that 
I  gave  you  any  pictures  there  ?  Waa  h  since 
the  parliument  atOxon? 

Dugd.   Do  1  charge  you  «ince  the  parba' 

CotL  1  never  saw  the.Rvy  Show  before  the 
jurtiament  at  Oxford. 

Dugd.  I  do  not  sar  it  was  thM  ;  you  gave 
me  one  of  the  others. 

Coll.  It  ia strange  yon  will Midt  to  nothing; 
When  was  it  we  were  at  the  Green  Dragon 
Taiern? 

Dugd.  We  ware  there  befnrs  the  parliament 
Ml  at  Oxon  ;  it  was  fflDci-  Christmas. 

Cull.  W  hat  picture  was  it  I  gave  you  there  ? 

Dtgd.  It  may  be,  1  can't  remember  which 
ef  them  it  was,  it  wasDolRary^ew  ;  1  suppose 
yougavenieonenfthtmooDCcmingthe  hi^iaops, 
where  you  put  bishoii  Mew  kissiogthe  pope's 
.  >oe ;  for  it  waa  a  biahop  with  a  patch  on,  and 
■hat  yon  told  me  was  bishop  Haw. 

CeU.  J^itididl  nuLeiif 


Dugd.  Von  said  yoii  were  the  author. 

Just  Janfi.  Mr.  Colledgp,  willynuconsld 
upon  wlutt  Mr.  Uugdale  was  called  up  abai 
tlie  ejcunsitinn  of  thp  name  Itowlvy  ? 

.Coll.  I  (lid  exnmine  him,  and  he  hath  en 
lradict«d  himsdf :  fbrhe  linth  soidat  Ibrfiro 
Dmgon  Tavern  I  gave  litui  a  pidun  iif  Itai 
Nhciv. 

JusL  Jima.  He  Ksid  nn  such  thing ;  he  ■■ 
he  did  Dot  know  whidi  it  whs. 

Cult.  I  am  ccrlniii  lie  moaot  thai  then  wk 
he  spake  it;  rorbenn.medit  before,  that  he  lu 
two  from  toe  at  KJcliaril's  Gulfee-houM,  U 
one  I  thrust  tuto  his  pi-rktA  At  Ihe  tavern ;  M 
I  say,  I  never  was  at  the  Greeu  Uragonl^ 
vem  whh  Mr.  l>ugilale  and  Mr.  Bid(hna,M 
in  the  tavern  these  three  qnarien  i>fa  year. 

Just.  Lerim.  Mr.  Colledge,  you  wvt«  m  A 
right  way  just  ti«w  to  oinnage  your  cvidcK 
in  opposition  10  (he  otlier  evidence ',  pi  on  i 
that  way. 

Cull.  My  lonl,  I  don't  kiurw  well  w^«i 
said,  fiir  I  evutil  not  bear  batliuor  wiiteiqw 
ter  of  it  i  hut,  my  lord,  1  bo|i«  your  lurdsU 
hath  taken  ttains  of  it,  and  wiH  miwmbv  i 
for  me.  \  au  arc  my  «oun»cl  aa  wcU  a*  a 
jurlges. 

L.C.J.  loioat«*roffa«weatf. 

Cell.  My  life  and  yo4ir  wiula  lie  at  xtalw  I 
domejustice;  thereliire  I  hope  you  willkl 
notice  of  what  I  have  not  had  thvfippurtuM 
to  writedown,  I  bate  observed  that  every  <■ 
uf  my  witnes«es  have*|iokeQ  tnaietially  tool 
tradict  what  they  have  saal,  to  titove  that  ill 
was  doue  tor  money,  and  iIibI  thetv  batli  ta 
contessions  from  everv  man  uflllem  tbattb 
were  hired  to  do  it ;  that  lliev  did  it  for  a  kn 
lihood  ;  and  one  of  them  sa'ld,  it  waa  a  g« 
traile,  damn  him,  he  would  du  any  thing  li 
money :  and  I  hope  then  you  will  cunsidnll 
imprubabilitv,  that  I  should  s|ieak  to  an  Iral 
man  whom  I  bad  never  seen  before  io  my  liie 
and  that  1  should  at  tlie  lint  da^  utttr  th 
treason  that  he  gives  in  evidence,  I  thiukiieM 
not  consist  with  any  man's  undetstaiidiiig  to  bi 
lieve  me  so  mad  or  su  weak. 

Just.  Levini.  Thaiisasto  Haynwoaljr, 

Coll.  As  to  Siiiiih  now,  I  tuppMe,itdaM« 
come  within  tlie  reach  of  the  statute;  dttt 
dinner  that  ivas  made  by  alderman  Wilcox, « 
made  before  last  July   was  twelve- mnnthi  ■ 
the  wiiiwssesdn  say  it  was   before  Cbrisima 
and  Dr.  Dates  wys,  itnas  in  the  (ummeri 
know  it  by  a  veiy  good  observatkin  ;  been 
I  went  lo  Istrop  waters  ailer  tlial ;    and  I  m 
sirCreswell  Uvinz  at   tlie  HelU:    now.a 
you  were  there  belbre  tliis  time  twelve-nw«i( 
Ho  then  whatever  be  says  I  Mid  to  him  thM* 
cannot  be  charged  withal  by  the  statute,  mm 
or  le«,  if  1  had   never  a  witneas  againat  bis 
but  I  have  witnesses  lliat  have  contradicted'^ 
sufficiently  tliat  hi^  is  IbrawerQ  in  that ;  m 
so,  he  b  not  be  believed  in  any  thing  eiip' 
he  saj-s,  he  and  1  went  to  the  cofl«'hMi 
gethei,and  we  discoursed  such  and  sucbll 
which  is  nut   above  half  a  bow's  shtt,  4 
nudeiti  liay,  BqoKlertifaiBik'sdai|i{ 


STATE  TRIALS  03  Chables  H.  l6Sl.^/ar  High  Tnason, 


16b6 


■d  bad  All  tbetalk,  the  disomne  could  not 
bog^,  tboofffa  he  had  laid  nerer  a  word:  so 
ee  what  alund  of  witness  he  is.  And  Dr. 
'a  brother  did  say,  That  I  did  go  along 
Dr.  Oates,  and  offered  to  be  one  of  his 
I,  and  1  did  my  so,  and  went  along  with 
;  bat  Mr.  Mtaitt)  he  came  after.  And  as 
tat  he  says,  he  is  sufticiently  confuted  ; 
s,  about  the  going  into  caMs  alter  dinner ; 
is  proved,  that  1  fell  af<lcep  behind  the 
,  and  Dr.  Oates  was  disconrsing  with 
Savage  open  points  of  divinity ;  but  1 
DO  notice  of  it,  neither  did  1  see  l^niith  any 
;  but  he  went  away,  and  so  did  the 
of  the  eonipaiMT.  But,  my  lord,  when 
KS  was  taken,  Mnith  came  to  me  that  day 
f  bouse  at  the  ditch -side,  and  sends  in  a 
for  me,  his  man }  I  was  writing  in  my 
ur,  and  drawii^  the  design  for  wainsootting 
How's  church,  a  platform  for  it;  this 
told  me,  hia  master  would  Hpeak  with  me^ 
9aynes  was  taken  Uiat  morning :  but,  as  I 
ntand  since,  it  was  by  agreement  and  his 
eoosent,  though  he  hath  pretended  othcr- 
.  You  hear,  says  lie,  Ilaynes  is  taken  P 
mys  I,  I  do.  He'hath  been  ever  since  nine 
d  before  the  secretary  upon  examination, 
ha  was  till  five  o'clock  at  night  examining, 
k:  1  believe  lie  confesses  a  great  deal,  said 
IT  what,  said  he  ?  Of  some  design  of  the  pro- 
nto, said  I,  What  against  the  government  ? 
■it  know  what  they  may  affright  him  into  ; 
a  gTMl  vogue,  if  it  be  true  all  that  he  hath 
ifhimarif :  nesays,  he  was  concerned  in  the 
of  London,  and^kiiew  of  a  design  to  des- 
fkt  ^rolestants  then ;  of  a  rel^Uion  that 
la  bt  m  Ireland  y  of  lluaket's  being  made 
■IR,  and  a  great  many  of  those  things : 
M  if  he  apraks  truth  he  hath  been  a  great 
e^  aod  as  he  hath  pretended  also,  he  was 
M  coward.  8o  then,  I  believe,  he  may 
my  thing  to  excuse  himself;  says  Mr. 
k.  I  wish  you  are  safe :  Tliis  was  the  very 
I  hdatf  1  was  taken, 
it  Jomeg.    Have  you  )»roved  any  thing  of 

4L  My  knd,  pray  give  me  leave  to  tell  you 
•  ■  nrooi* 

■L  Jbncff.  You  are  not  to  repeat  tliis,  un- 
faa  jnrove  it,  8ir. 

4i  He  spake  cautiously  to  me,  as  if  he 
d  have  intimated  to  mc,  he  would  have 
■a  ran  away.  Said  he,  I  believe  you  are 
rfe,  I  would  have  you  take  cure  of  your- 
For  you  were  concerned  with  him.  Now, 
■rd,  if  I  had  been  a  guilty  person,  1  had 
■wagfa  to  f^  away ;  ancfto  prove  this,  1 
■Ivaay,  this  was  betwixt  him  and  I.  But, 
M|  you  hear,  Dr.  Oates  says,  that  this 
IWlk  did  swear  he  would  have  my  blood, 
te  was  apon  this  occasion  of  my  vindi- 
r  ftimprm,  whom  he  had  struck  and 
3;  Md  I  asked,  why  he  did  it.?  8aid  he, 
m  wm  nan's  Hl^  if  lie  affront  me,  if  it  is 
MB  m  England,  I  value  him  not.  My 
ilhii  occawon  the  words  rone  between 
feacvDt  out  of  doors,  and  was 


going  away,  Dr.Oates  said,  he  swore  he  would 
nave  my  IuckmI,  and  ihat  was  the  6ccask>n  of 
his  speaking  that  blasphemy. 

jL  C.  J.  Dr.  OatcK  did  say  so. 

Just.  Levinx,  Well,  you  are  right  now,  if 
you  will  go  in  tliat  wav. 

Coll.  My  lord,  this  is  for  Smith  and  Haynes,- 
that  Uaynes  should  say  it  was  a  good  trade, 
iind  damn  him  he  would  swear  any  tiling 
for  money,  and  that  8mith  should  swear 
damn  him,  he  would  liave  my  blood.  I  can- 
not sum  up  the  restoftheniv  for  I  have  not 
them  here. 

Just.  Jonei,  There  is  Torbervile,  and  Duj^- 
dale,  and  Smith ;  we  will  help  you  as  to  the 
persons^ 

Just  Lcvinx.  Pray  keep  to  the  business, 
and  do  not  run  out. 

CoiL  Pray,  my  lord,  I  have  one  thmg  to 
say  about  Smith  ;  he  says,  1  shewed  him  my 
anns,  which  I  have  had  lor  any  time  almoat 
these  three  years,  ever  since  the  plot  brake  out. 
I  have  been  armed  ready  to  op|)ose  the  |>apist8, 
and  I  did  my  duty  in  tho  city  m  person  in  the 
trained- bands ;  but  Smith  sa3's,  theae  arms 
were  to  destroy  the  king's  guards ;  but  he  does 
not  prove  that  I  was  confederate  with  any  other 
penion  ;  but  instead  of  tliat,  there  were  other 
persons  that  say,  with  his  own  mouth,  that  he 
did  not  believe  there  was  any  proCestant  pkit ; 
nay,  he  did  believe  1  said  it  only  in  wanton* 
ncss.  This  is  all ;  then  how  probable  was  it, 
that  I  myself  should  seize  the  king,  or  deatroy 
his  guanis  P 

Just.  Junes.  Y'ou  remember  captain  Brown, 
captain  Clinton,  and  Don  Lewes,  Mr.  Col- 
lcd:;^e. 

Coll,  Did  he  swear  they  were  all  ia  my 
company  at  Oxon  ? 

Just.  Jone$,  Yes,  Dugdale  did. 

Coi/,  Mv  lord,  eaptam  Brown  and  Lewea 
were  friends  to  my  lord  Howard,  with  whom 
and  other  company  I  came  (town  to  Oxon,-  and 
they  Uy  viitli  me  at  tlie  Chequer,  and  tliey 
were  in  my  company,  because  they  were  guesti 
in  the  h(»use,  and  we  came  along  tugedier ;  but 
he  ducti  not  say  they  were  either  of  them  armed 
more  tlian  myself,  nor  was  he  ever  in  company 
H'ith  lis  ;  how  then  does  he  know  we  were  in  a: 
conspiracy  ? 

Just.  Jones,  Because  you  told  him  at  Lon- 
don first  that  they  wert*  such  persons. 

Cull,  1  never  saw  Lewes  in  my  days,  till  I 
saw  hiin  that  morning  1  came  down  ftom 
Oxon ;  and  Brown  1  was  not  acquainted  with  a 
fortnight  before.  This  in  a  truth;  but  however, 
they  liave  sworn  a  plot  upon  me  at  Omn,  and 
then  come  and  prove  I  deckred  these  were  Uia 
men,  and  spoke  such  and  sudi  words  at  Lon- 
don ;  I  desire  your  lordship's  judgment  in  thia 
matter  of  law,  whether  what  be  done  at  Lon- 
don can  be  sufficient  matter  of  proof  ii»  law  to 
maintain  in  an  indictment  against  ma  at 
OxonP  And  if  not,  they  do  not  prove  legmllT 
that  I  have  spoken  such  words.  Bendea,  i 
conceive  it  is  not  a  good  proof,  bacaaae  th«rt « 
hot  one  witnevs. 


4»fl     STATE  TRIALS,  33  Charlss  II.  ifiSl— Trw/  o/ 


L.  C.  J.  V«,  look  you,  Ibere  are  mo  wit- 
nesM,  Uiunilale  and  Turbenile,  as  to  whst 
you  soil)  at  (Hnii,  anittwo  witnenrvastowlial 
you  niil  M  Liindnu,  Hnynes  and  Sniilli,  nliii 
temily  what  you  kihI  ynn  \voulil  do  «  Oxon, 
Now  in  case  you  came  to  Oxoa  with  any  Kurh 
iotonlion,  that  comioK  to  OUbrd  ig  aii  ovptt- 
oci,  >nd  the  winicBUcs  that  icpeak  whnt  yQii 
-  aid  ill  LoniloD,  is  eviilence  In  mainuin  the 
iodictment  here,  and  tu  [irotc  what  your  inten- 

Coll.  Does  tliat  hncnrnp  an  tiverl-act.  if  I  go 
to  OxM)  niMin  an  liuiiasl  ui-'ciiniuD,  any  trther 
Qccnwu,  tliougb  I  bail  «aiU  tlio»e  wonk  be- 

/,.  C.  J.  If  yoii  ramc  with  that  intent  tojoin 
wtth  mhi^n,  and  U'llli  a  rati  pnr|iMe  lo  seize 
tl*  kinir,  tliat  is  the  ovcrt-aot,  und  the  word* 
before  pnirv  tlie  inttnLinn. 

Jowl.  Jimtt.    He  declared   it  himself  tiy  hi* 

Coll.  Smith  snys,  ihnt  ahoul  a  week  alicr 
Wilcox's  diuuvr,  1  disccumed  with  hiTu  at  the 
ilil(ih-«iitii,  that  4-nniea  not  wllhin  ths  cnmpass 
nl'tba slMutet.  Then  Ihtri;  istniCeof  tliPlhree 
timcH  Ite  KiM'uks  of;  the  laM  day,  I  do  not  re- 


I  London  that  Smith 


U'when 

L.  C.  J,      / 
•peaks  of  you. 

Catl.  How  coniM  that  t"  be  proof  bere? 
l^Mi  nothin^r  he  sai  •>  is  tu  gv  Kif  auy  tbinif. 

JnM.  Jimri.  Nottiin^r  wll  Mrre  ynqr  Iiiru, 
we  btve  HecJored  oor  o]>inions  ouce  vlreuly, 
that  if  llie  iiitneases  xwrar  true,  hf  re  are  two 
witnesaes;  nay.  if  one  weri?  of  what  wn^  donp 
at  Litndoii,  and  the  other  of  what  was  ioac  at 
Ozod;  iftheybelo  ihe  same  treason,  tlicy  are 

Coll.  Bly  lord,  1  obserro  one  iliin-j;  upon 
Turbenile'i  evidence ;  be  Kwears  ih«e  was  a 
diaoourte  in  the  rooin  when  Brown  wa:<  u|>on 
th*  bed ;  hut  afU'rwarda,  if  your  lordship  niind> 
it,  he  tays,  t  discoursed  with  biu  as  lie  and  I 
Uy  ti|jou  the  bed.  Before  he  suid,  whau 
Brown  lay  uuon  the  bed,  and  in  tlie  room,  and 
afterwanhi  when  we  lay  iiptm  the  bed, 

Jittt.  Jmirt.  Boihtlie  nne  Bod  the  other. 

CtM.  But  he  tirm  said  one  i<  ay,  and  then 
the  other. 

Just.  Jonci.  IVhiLa  Brtnm  taj  upon  the  bed, 
and  when  be  wite  ^ue,  nhils'l  juu  both  lay 
upon  tlie  bed. 

L.  C,  J.  We  B'itl  do  yon  no  wrong  ;  there- 
fore if  you  will,  Tutberrile  shall  stand  up  and 

CoU.  My  lord,  I  believe  thoM-  that  have 
taken  the  pusHRg«a,  iran  prove  he  eoulradicteil 
binuelf  in  that. 

L.C.J.  He  said  both.  But  the  Jury  have 
taken notei of  the  evidence,  and  Mill  take  an- 
tic* «f  it. 

Call  M*  to  Hr.  Masters,  the  evidence  he 
glKSlras,  hesays,  that  he  and  I  should  dis> 
couMeof  thepariianiontio  1640. 

Just.  JpHfs.  And  the  ju^^llfiabteness  of  the 
late  kin|;'i  death,  that  they  had  done  tiothiugr 
but  what  llwy  Uadjuat  cauM  toil*. 


(hat  [  did  Kay  t»  binn.  Ue 
;  did  not  tut  off  tlia  kinn' 


Coll.  Heswfl 
the  late   pariiam 

JuM.  Jcmri.  And  you  said  the  tastparliamff 
that  sat  at  Westminiter,  was  of  tlie  aanM  ofi 
uion  with  that  in  itMO. 

Coll.  I  dareapptstl  to  esquire  ChsTlelon,  ii 
whoAcshmilhe  Niaooitrfe  was.  )  dtdootknni 
that  Air.  iUaMera  was  to  be  ao  et  idni>r«  »g»ia 
ini>  i  and  truly  they  have  taken  tliat  couni 
witli  me,  by  wliicU,  any  man  may  be  dennif  ■ 
wiih  iiair  this  evidence,  van  tbey  of  aooa 
ereifit,  letbisinoooenrc  bcwbatit  wil).  I  ban 
been  uaeil  so  bariurousty  in  the  Tower,  kql 
from  all  eonrcrmtion,  and  so  in  aa  atlec  igm- 
rane?  of  what  was  aworo  agaiiiin  me  s  for  d* 
I  could  easily  here  diijunrail  Mr.  Mactctv,  il 
I  had  beeo  in  London,  and  had  liberty  to  pi*i 
vide  for  my  defence ;  hui  they  have  takn  ■ 
oour  jC  tn  prevent  that,  and  bniusfht  me  UAVi 
bocauae  It  is  imiKMuble  1  aboiild  bciv  deftnd 
inyaelf 

i.  C.J.  You  Lave  i>otofiercii  any  witiiea 
toinipeacb  Mr.  SI aslcn's  credit. 

Ctil.  Mr.  niaalera'a  diKOurae  be  nieska  a) 
was  in  Itlr.  Charleton'aahap,  1  d'uM  We  i^ 
jieeled  to  him  about  it ;  for  I  kitrw  if  be  nm 
here  he  would  do  me  right.  Mr.  Maali4«  A 
ha  V,  the  parliament  cut  otT  the  late  kiait'a  hsii 
tVe  belli  a  dispute  njion  that,  wUdi  I  WmM 
willinffto  cuter  into;  l«aid,they  did  UM.tti 
we  dill  then  dispute  whether  they  began  dl 
war  against  his  maje.tiv;  I  said,  uey  did  M 
that  I  knew  of,  neiilier  were  they  the  penM 
but  the  pa|>ists  that  befpin  that  war,  and  iba 
broke  tbe  treaty  at  L\brid^,  and  that  A 
papists  carried  it  on  lo  that  sod  issue,  and  pot  i 
u|K>n  the  Proteatants,  that  ihry  had  ik 
odium  of  it  but,  it  was  another  sort  of  rm 
that  carried  it  on.  I  i>aid,  that  I  did  elwaysini 
diTslaiid  that  parliament  to  be  an  honeM  par 
liameiit,  that  minded  tlie  tree  interest  of  ihi 
nation,  and  mueh  of  the  same  opinion  willi  Ai 
parliament  that  sat  lost  Westminster.  But  bfr 
t'oTT  I  said  this,  I  said  ihcy  were  pcrsods  •It» 
(.filler  iiinoct-nt  of  the  kinif's  niuiiler,  and  lata 
ing  tbe  war  against  tbe  king  ;  J  did  ^wajn 
understand  that  60  the  parliament  in  1640*00 

L.C.J.  But  ibey  were  guilty  of  a  rcM' 
lion,  and  aiv  declared  so  by  act  of  parliflBMa 
since  his  majesty  came  in. 

Cnfl.  My  lord.  I  am  unacqieiinted  with  (M 
law,  I  spciib  only  my  settte  of  il.  And,  IM 
lord,  I  did  exeiue tlicnt  asto  the  murdcrorili 
kins',  and  tlie  beginning  oftlie  war,  that  nccort 
initio  my  understsndirrg  they  weie  not  gnilq 
of  it ;  and  from  thence  I  oid  maintain  llK] 
were  au  honeiit  ;food  parliament,  and  much  ■ 
opinion  with  the  narliament  that  sat  last  I 
^Vestmi  aster,  wbicti  was  for  the  true  ifrtarHfl 
the  nation.  T^ 


Colt,  I  did  argue  that  wiUibira  Bolm 
and  dill  tell  liiin  that  il  was  the  painsti  iH 
alt  tlie  mischief.  ', 

,    Jmt  Juiia.  But  he  says  no,  «pn  W) 


6S91 


STATE  TRIALS,  33  Charles  IL  \6s\.^far  High  Treason. 


[690 


tint  when  he  had  sakl  the  parliament  beg^in  the 
rfWIioii,  and  the  parliament  did  cut  oflf  the 
king's  head,  you  said,  the  pariiament  did   no- 
^hiS^  bat  what  they  had  jast  cause  for,  and  the 
firiiunent  that  sat  at  Westminster  nvas  of  the 
niae  minil. 
L.  C.  /.  Those  were  his  words. 
CM,  Pny  let  him  be  called  agniu. 
L.  C.  /.  Let  Mr.  Masters  stand  up  tiffmn, 
Caii.  Pray,  8ir,  relate  the  whole  di^icourse 
datpassed  between  vou  and  I,  whether  I  did 
Ht  UToe  tiith  vou  \i  was  not  the  parliament 
ctt  off  the  king's  head,  nor  begun  tlie  war,  but 
(Wpapista. 

masiert.  No,  you  did  not  say  any  such 
dang.  We  had  a  great  deal  of  discourse  in 
Ike  ibop,  and  under  the  arch,  and  the  thing 
ibtwas  said,  Mr.  Colledg^e,  was  this:  You 
Mny  lo  me,  that  you  did  justify  the  late  long 
fHiment  of  1640,  and  their  proceedings; 
^  jroa  aaid,  they  were  a  parliament  that  did  » 
kng  but  what  tliey  had  just  cause  for.  Said  I  y 


IfHtwcanyou  be  so  impudent  to  say  so, 
vhfi  they  raised  the  rebellion  against  the 
l>^f,  aMi  cot  off  his  heail  ?  Said  lie  again, 
iMf  dU  nodiing  but  what  they  had  just  cause 
ftr,«i  the  pariiament  that  sat  last  at  West- 
witm  %rere  of  the  same  opinion. 

htL  Jonn.  I  did  you  no  wrong  in  repeating 
fccfifcuce,  you  see,  Mr.  Colledffe. 

CUL  Did  r.not  first  dispute  with  you  that 
ii/CiBoC  begin  the  war,  nor  cut  off  the  king, 
ktlhepapiatadidit. 

Mnferr.    Look  yon,   Mr.  CoUedge,   you 


Coll.  I  desire  he  may  speak  the  very  truth, 
and  nothing  but  the  truth. 

Masters,  1  do,  as  near  as  I  can,  and  do  vou 
no  wrong  ;  you  did  in  your  dincourse  say  the 
]iarKainent  did  not  begin  the  war,  nor  cut  off 
the  king's  head. 

Coll.  You  <liil  say  to  me,  tliey  did  cut  off  the 
kinc'^s  heail ;  uii<l  I  told  yuxi  no,  the  Papists'did. 

Masters.  I  think  you  did  say  that  tlie  Pa- 
pists had  an  hand  in  it ;  but,  Sir,  you  liave  left 
out  the  most  material  part  of  our  discourse, 
which  was,  that  you  said  they  did  nothing  but 
what  the^  had  just  cause  for. 

Coll.  I  do  say,  and  it  was  my  sense  always, 
that  the  |>arliuiiient  did  not  cut  off  the  kind's 
heail ;  tor  they  were  long  out  of  doors  betbre  that 
came  to  pass,  and  a  new  unhappy  war  was 
begun. 

L.  C.  J.  The  war  was  a  rebellion  on  the  par- 
liament's part,  let  us  not  mince  the  matter,  and 
so  it  WHS  declared  by  act  of  parliainent;  and  if 
ou  argued  after  tliat  mte,    it  sliews  your 


■U  hare  had  it  the  king  he^aa  the  war. 
CtU.  Don't  you  say  so  ;  for  I  said  the  pa- 

C  began  the  war.  Sir,  say  no  more  to  me 
what  jou  Mill  answer  to  God  Almighty ; 
fclilwayasaid  the  papists  did  all  the  mis- 
tlkfia  the  late  times;  and  I  wonder,  Sir,  you 
■iriluul  be  80  jnst  to  his  majesty,  as  to  detect 
■iftrwhat  I  said  tlien,  if  you  apprehende<l 
illihe  as  you  iio%v  say !  but  I  am  sure  you  do 
M^  aor  couM  not. 
Mmiers,  Mr.  CoHedge,  it  was  so  far  from 
;  I  was  afraid  it  was  of  ilangrrous  con- 
(,  and  I  gare  some  persons  of  honour 
mft  of  it :  and  1  was  sent  to  but  on 
Nhf  last,  to  know  what  it  was  u-a-s  said,  and  I 
Vli  oeaml  and  commanded  to  come  down 
llkr. 

CM.   Pray,  Mr.    Masters,  you  are   ii|ion 
}iv  oath,  do  me  but  justice,  and  sfH^idc  u|ion 
^}i»oirn  conscience  ;  look  }ou  to  it  that  you 
' — ^  the  truth. 

[  will  do  you  all  the  right  I  ran  in 


justifitHl  such 


en. 


CM/.  Then  before  the  court  do  you  dcfrlai-e, 
did  not  discourse  at  tliut  time 


_   . as 

itkH  flbr  tbifl  discourse  was  at  Mr.  Charlton's 
fA^tt  the  fiirtlier  end. 

*  afaHera.  No  it  was.  at  the  entrance  into  the 
tifff  Mr.CoBedge ;  and  did  not  we  go  into 
'il«A,  nd  talk  there? 

C^  Jifferks.  Mr.  Manters,  don't  trcmhle 
iNMil  jonrnpntatkmitnotupoa  th<;  level 

VOi.  VIII. 


temper,  and  that  you  are  a  ^-ery  ill  man ;  for 
tliey  that  justifH'  such  things,  as  to  the  time 
{MLHt,  would  lead  us  to  the  siuiie  things  again  if 
they  could.  Therefore  don't  go  about  to  jwl- 
liate  it,  ad  faciendum  Poputiiw  ;  here  it  is  no- 
thing to  the  matter,  but  only  to  shew  your 
principles,  and  the  jury  have  heard  what  Mr. 
Masters  says. 

Coll.  I  was  then  a  child,  and  do  not  know 
all  the  passages,  but  I  siieak  my  sense. 

L.  C.  /.  YOU  should  not  have  iusti^ 
things. 

Just.  Jones.  Who  appointed  the  high-court 
of  justice  that  trie<I  the  king,  and  condemned 
him,  but  the  pariiaint;nt  ? 

Just.  Levinz.  It  was  the  garbage  of  that  par- 
liament, 1  am  sure,  that  is  the  Uiiiiip ;  hut  they 
calli^!  themsehes  the  |mrliani('iit  of  Eiiglund, 
and  the  |uirliamciit  it  uus  that  liegun  the  war. 

Coll.  3ly  lord,  1  did  not  know,  nor  don't 
know,  that  it  is  pro^inl  yet,  that  thr  parliainent 
were  those  that  did  cut  off  the  king's  head.  I 
don't  know,  Mr.  Nast«'rs  is  plcuscHi  to  say  thia 
of  me ;  but  I  thought  no  evil,  nor  diil  he  un- 
derstand it  so,  I  U.'lieve,  at  that  time,  for  he  did 
not  seem  to  take  advaiitagi^  of  my  discourse. 
I  know  he  talked  ^ioIenUy  and  passionately 
with  me,  as  he  used  to  do ;  and  for  Mr.  Masters 
to  say  this  of  me  now,  is  a  gn^ut  unkindiiess ; 
for  I  tliought  he  was  so  iinich  a  gt^iitlenian, 
that  if  I  hail  spoken  any  thing  that  had  not 
Uicoine  me,  he  would  have  taken  notice  of  it 
then. 

Serj.  Jeff'.  He  did  then,  he  tells  you. 

Cell.  Had  1  known  of  it,  I  am  sure  Mr. 
Charlton  would  have  done  iiie  justice,  and  set 
things  ri^ht ;  but  thl<s  I  say,  1  did  first  ezcuso 
the  n;niiam<*iit  fniin  being  concerned  in  the 
murder  of  th«i  king,  or  that  thev  did  begin  the 
war,  but  tJie  Papists  did  it :  If'iUwerr  other- 
wise, it  was  more  than  I  understood :  And  a(K-r 
that  I  said,  1  thouirht  that  the  {lariiament  that 
sat  last  at  Weiitiiiiiister  did  stand  up  f(»r  the 
pt!Oplc  rights,  afUr  the  same  mannw  that  the 
uaruamcDt  iu  1040  did, 

ilY 


STATETRIAL8,33Chabi.esI1.  IWI— IHo/o^afpfcTtCWIs^,      tWT 


Jutt.  Janri.  Whnt,  Just  alter ibe  ^aineinui- 
ncr,  ill  tiutiag  kiu'  luul  rdielliun  >g-dinBt  tbv 
kincr 

(:i>r/.  Afler  I  bad  discouncd  il  thiu ,  ni)'  lord) 
t*  I  lolil  yvii.  it  cuuld  ti'it  be  underbtiwHl  ibtf  1 
tboii);^!  tlut  uariiament  wuuld  oM  off  tb« 
Idng'i  iM'ad :  Aiul  tbwrrfore  yoti  dial  are  aty 
jnrjTi  pray  ctmiider,  oud  l^ike  it  all  togelher, 
IIiiTa  oouM  {le  no  Eiirh  iDcauintf  iniuiv  of  ni}' 
words ;  (or  I  did  not  conceive  £sl  tlial  parlia- 
At«Dl  wen  cuitvemed  in  itioar  thin^,  but  were 
«  porliuDicut  tlial  litood  up  tor  tijt  riglits  of  ihc 
gteopk:  Nnw,  it'  it  were  «o,  tbcut^  jiarlia- 
neot  U  WcsttniDBter  were  of  the  wiiK  opi. 
bion. 

X.  C.  J.  1  tell  yoo,  the  I^ng  Parlianwnl's 
levviny  wu,  is  ifeclu^d  rebellion  by  iLct  uf 
t«rt>»ii(-nl. 

Coll,  Hy  lord,  if  there  bath  been  an  act 
liince,  that  (ays  (hey  were  guUtv  nf  rebtUion, 
I'tlcclarf  'lis  more  tban  e>er  I  knew  betore ; 
Tbii  iH  the  first  time  tlul  evur  1  beard  of  if. 

Sbq,  Jeff",  You  ore  a  mijflity  leanted  gentle- 
mail,  (o  tuik  of  thow  paiiitu  indcad. 

Cnll.  My  Imd,  I  desire  to  Lnow  ttbdlier  auy 
nunb  tliat  wars  !i|)okFn  tix  loonthx  bcrnrf  tlivy 
ffsietbeir  dcpMiliont,  can  be  n  siiDicii'iil  ei i- 
Wiwt-  in  law  against  meiiow? 

I.C./.  Tisupoaibenctortlie  i:tiburthi» 
lilic  vou  s^trak. 

Call.    \e*,  my  lord,  1  take  il  npuD  that 

X.  (',  J.  I  (dl  J  oit,  an  to  that  part  of  tlip 
KtalutF  Hbirh  concerns  luisdcmt^aiiurs,  there  in 
a  parlietilar  clause  for  prosecHliou  by  order  ul' 
king  aucf  council ;  Bntaslo  iliut  )iart  of  the 
■tatittethat  concemN  treaaoo,  il  must  l>e  pni' 
■ecuted  wjlUin  six  inonllu,  aiid  the  indictment 
within  three  nionths  after. 

Coll.  Wiat  Ntstuie  is  tliis  iudictmenl 
grounded  upon  ~ 

1    .    T....      i.i  _.        g  that  conctni  troa- 


JueL  Jantf.    All  « 


L.  C.  J.  Upon  the  stalnte  of  the  a^ih  of 
Edtv.  3.  which  dc<'lurc?3  tlie  eoinmon  law,  and 
thi!  statute  of  tbe  1:1th  of  this  king,  »hidi»lMii 
you  have  doni',  I  will  have  read  W  the  jury. 

Colt.  Tlien,  pray,  my  kinF,  let  lue  ^k  von 
oue  qut«t!on,  ^VheUier  tbe  statute  of  Q5  Etiw. 
3.  d'jca  nut  say,  that  there  sball  be  two  po&live 
witnesses  to  treason  ? 

Just.  Jonu.   fits  but  there  is  aoutbei  tliat 

CvH.  I  am  tgnorant  of  tbe  hw,  therefore  I 
uk  tlie  question. 

X.  C.  J.  Well,  1  win  tdl  you,  there  must 
be  two,  witnesaci  in  the  rase,  but  one  witness  to 
(me  fact  at  one  time,  and  another  witaesa  la 
■Dfltber  fact,  at  anolhur  time,  will  be  iiufficicat 
evidence  lu  niauitain  an  indictment  of  treason ; 
thin  WM  lobl  you  in  the  morninff. 

Juit.  Jona.  And  It  was  lolil  yon  iritlial. 
That  K  WR8  tbe  rcwilulbn  ef  all  the  judgeii  in 
the  cose  of  my  lord  titaHbrd,  nbeo  he  was  triol 
tu  pailiainent. 

Coll.  They  proved  fact  in  that  case,  nritinK 
tt  latlen,  utU  ofl'cring  luoutiy  l«  lull  tbu  Hug ; 


X.  C.  J.  We  will  read  tte  statutn  of  tbe  Utk, 
wherein  word*  are  dectared  to  Ire  tnwwn, 

CoU.  1  jirsy  it  may  be  read,  if  juu  pk:tai:. 
(Which  wa«  done.) 

X.  C.  J.  Ijuok  yuu  bere.  To  cumpais  n 
iiiiBgintt  llw  uuprisuometil  of  the  king,  ainlii 
expreiw  it  by  malidiuis  ami  advisul  iiiirakine, 
when  )iroveJ  by  two  lawful  wituewcs,  i»  Ira. 
son  by  this  act. 

CoU.  Now  whether  you  willdutiii|;uiBb,lW 
there  must  be  two  witnesses  to  diiitiDiX  plud 
or  tiroea,  or  whether  the  Klntutc  inloMnIM 
II  itorsies  to  every  particulaT  tiict  luid  w<ir1a. 

L.  C.  J.  AVe  told  you  our  opinion  b<4at  D 
TItai  DDE  Milness  to  one  fact,  «M  uwtbuti  I 
anotlter  of  the  suiuc  Ireuiiou,  was  sufiidat  I 
We  are  upuii  our  nallis  in  it,  and  apeak  B<  | 
oiu'  own  u|>iiuons,  hut  what  hulfa  nniral 
public  resolution  b  cases  of  the  hke  cuuit, 
ijiicnve, 

Cnll.  What  hes  before  these  gimllcinnirf 
tbe  jury,  as  doneatUxuo,  'tit  but  upon  awfii 

,{Eiir2.  Nay,  Mr.  Du^idalts  aixl  Ut, 
Turhervile  both  swear  tbe  asnic  thing,  ynt 
design  to  soze  tbe  kiog  at  Oxuu.  Anl  il 
would  be  the  difficultest  UiiDg  in  the  noild  k 
~  ~tc  tr«aaDD  against  any  inan,if  Ibckw  wv* 
BO,  and  a  ntan  uiight  coiikmit  bU   mts  rf 

isoti  gceurcly  ;  Ibrtnbf  sure  he  would  new 
say  the  same  things  belure  t 
one  titne,  and  the  king  would  be  ii 
snie ;  fur  there  would  never  be  two  w 
to  one  and  the  same  thing:  But  that  hath  fata 
resolved  uften  and  ulka,  over  and  over  apw^ 
porticulaTly  in  luy  lord  Stafford's  caao,  u  y«s 
baye  been  luld. 

Coil.  Aly  lord,  yuu  say  tlie  king  is  nolab 
upon  those  tenus,  and  no  private  man  is  aaleii 
toe  other  way. 

Just.  Lcviiii.  We  sa^,  that  the  law  isw, 
and  tliere  is  good  reason  for  it. 

J  uhI.  Jiuici'.  W  e  must  not  alter  nor  depstt 
from  llie  allowed  rei'eived  law. 


Bi|judgeil  and  settled. 
my  lord  Htaflurd's  case,  when  the  Judges,  hf 
llie  cummajid  of  the  paWiament,  did  ddiwr 
their  opinion  upon  that  [Hiiiit  moved  by  him. 

CiM.  Thure  ic  nothing  of  lact  jiroved  agaivt 
me,   but  a   pair  of  pisl<ils,  a  cword,  aad  in 

X.C',X  Wehavelol<{youl)lelaw,a[idui- 
swercil  your  question. 

LiiH.  But  as  the  case  stands,  if  that  be  dis 
btw,  all  society  and  couversalion  luiist  t>d 
ruined  by  it. 

Jnd.  Jiuio.  I'ray  go  on,  nhcD  do  you  tbbdL 
we  shall  hai  e  doue  vW  ? 

Coll.  However  I  do  uot  insist  apwi  tliat  ta 
much,  as  that  the  testimoDtea  and  oatbt  of  disu 
men  are  altogether  iui^alidaled,  by  sub 
pengiui  that  liaT«  herft  testilic*!  a)~'" 


STATE  TRIALS,  SSCrarlks  II.  i69l.—/vr  ERgh  Ihaten. 


[S9* 


lare  upon  my  salTation  (I  have  nothing 
ny)  1  tan  wholly  innocent,  and  the 
e  my  judj^es,  and  I  beseech  ihvin,  an 
D  answer  It  at  thcfp-eat  day  of  judg. 
rhere  ihey  must  appear  as  sure  as  I 
this  bar  now,  that  they  do  me  right, 
acconling  to  tlieir  own  consdrnccs ; 
man  shall  be  sworn  against  by  such 
as  these  are,  no  man  is  safe. 
Jeff.  The  worse,  the  better  to  be  trust- 

I  am  sure  it  cannot  be  thought  by 
common  reason,  that  I  shouM  speaL 
It  that  rate  that  they  have  sworn,  and 
men,  men  of  their  profession,  Iiish- 
d  Papists,^  traitors  that  have  decUred 
re  been  in  all  manner  of  rogueries, 
i,  plots  and  treasons.  Therefore,  my 
umot  do  any  more  for  myself,  because 
no  notes,  and  cannot  recite  what  hath 
id  for  me  or  a^nst  me ;  but  I  do  de- 
on  ypUT  lordship,  and  I  hope  you  will 
the  jury  rightly,  and  do  me  justice; 
I  pray  the  jury,  that  they  will  let  their 
ice  be  satisfied,  as  they  are  English- 
id  as  they  are  Christians,  to  consider 

case  lies  with  me,  whether  there  has 
;  more  occasion  of  talking  of  late,  and 

a  iKp  of  the  tongue  may  be  called  a 
tated,  malicious,  advised  speaking,  f 
ny  discourse  with  Mr.  Masters.  He 
rith  me  as  hot  as  fire,  he  was  so  vio- 
d  1  did  discourse  him  at  that  rate  I 
d  you,  and  that  is  truth,  as  I  have  a 
le  saved  :  I  did  excuse  the  parliament, 
I  understood  it,  they  hail  no  hand  in 
nning  of  the  war,  or  the  munler  of  the 
If  y  kml,  as  for  the  rest  that  have  sworn 
me  so  desperately,  I  must  say,  that  if 

did  not  as  well  consider  my  evidence 
a,  ]^et  they  might  wdl  consiiler,  whe- 
anaista  witn  common  sense  and  reason, 
should  s|ieak  to  these  men  after  this 
en  I  could  lay  no  obligation  ui»on  them, 
e  any  oonftdence  in  them ;  necessitous 
,  diat  oouM  not  assist  me  one  mite, 
it  were  beholding  to  me  to  borrow  ino- 
ae,  and  that  eatof  mv  cost,  that  I  hatl 
been  obliging  to,  ami  not  they  to  uie. 
lope  I  ne«l  insist  upon  this  no  furtlier ; 
le  nation  is  sensible  what  is  dojng,  ancl 
is  does  ngnify :  they  have  begun  with 
irder  to  the  making  of  a  Preftbyterian 
Inch  ftey  would  carry  on  to  stifle  the 
'  the  Pojpbh  Plot ;  and  tliis  is  not  the 
Sd,  nor  the  1 0th  time  that  they  have 

IIhs  game;  how  many  shams  have 
faavourad  to  raiae      ■-  > 
0M.   Who  do  you  mean  by  they  ? 

mhB  papula* 
Sea.  TlAape  is  nothing  of  Poper)'  in 
IS  Asj are  all  Protestants. 
Jmm.  They  are  all  persons  that  have 
iMfiiBd  the  Sacrament. 

•Thqr  wne  all  Pepista,  and  I  believe 
M}  Mr  Mr.  Dngdale  did  justify  to  me 
IMP  if  RoRi*  in  aerend  flings  I  and 


when  I  told  him  that  they  were  all  knaves  and 
tools  that  were  of  that  religion,  he  told  mc,  that 
many  of  their  priests  were  h(>ly  good  men. 

Just.  Jones.  -Have  ynu  proved  tliut? 

CoiL  I  cannot  prove  it,  it  was  betwixt  him 
and  me,  my  lord. 

Just.  Jonet.   Then  I  hope  ^'ou  \m\e  done. 

ColL  If  I  had  swoni  against  him,  he  had 
stoo<l  in  my  place. 

L.  C.  J.   Have  you  done,  Mr.  CoUedgc  P 

Coll.  My  lord,  I  only  desire  the  jury  to  take 
all  into  their  serious  consideration ;  I  expect  a 
storm  of  thunder  from  the  learned  counsel  to 
foil  upon  me,  who  liave  liberty  to  speak,  and 
being  learned  in  the  law,  understand  these 
things  better  than  I,  who  must  defend  irtysdf 
without  counsel.  I  know  not  whether  it  be  the 
practice  in  any  nation ;  but  certaiid^  it  is  hard 
measure,  that  I  beinff  illiterate  and  ignorant  in 
the  law,  must  stana  here  all  day,  tiiey  being 
many,  and  taking  all  advantages  against  me, 
and  I  a  single  person,  and  not  aide  to  use  one 
means  or  another  either  of  writinff  or  speaking. 
But,  gentlemen,  I  do  declare  and  protest,  as  l 
shall  answer  it  at  tlie  day  of  judgment,  that  as 
to  what  these  people  have  aworn  against  me 
either  as  to  words,  or  as  to  any  manner  of 
treason  gainst  the  king,  the  government,  the 
laws  established,  I  take  God  to  witness  I  am  as 
innocent  as  any  person  upon  earth.  And  tliere- 
fore  I  must  beseech  you,  be  not  frightened  nor 
flattered ;  do  according  to  your  judgments  and 
your  consciences ;  you  are  lx>  be  my  judgea 
both  in  law  and  fact ;  you  arc  to  acquit  me  or 
c()nd(mii  me,  and  my  blood  will  be  required  at 
your  hands.  And  whatever  is  said  to  you  by 
others,  you  are  my  true  judges,  yon  must  give 
an  account  of  the  verdict  you  gi\  e ;  and  there- 
fore you  roust  see  tliat  you  do  jiistiec,  as  you 
win  answer  it  at  another  bar,  where  y<m  must 
aH  certainly  appear,  anil  the  liOrd  Almighty 
direct  you  that  y^m  do  me  true  justice,  and  X 
ask  no  more. 

Sol.  Oen.  May  it  please  3'our  lurdship,  and 
you  gmtlemcn  of  the  jur}-.  Here  hath  been  a 
great  deal  of  time  spent,  and  truly  I  think  for 
no  «>ther  reason  but  to  ilivert  you  from  the 
matter  that  is  before  yon,  and  that  yuu  might 
forget  tlie  evidence  that  hath  been  given.  And 
therefore  I  will  Imefly  re\Knki  it  to  you,  that  I 
ini'.y  refresh  your  memories  about  w  lint  hath 
been  sworn.  Gentlemen,  the  crime  cliarffed 
upon  Mr.  Colledge  is  liigh  tivason  in  imagiutiig 
and  comiiassing  the  death  of  the  king ;  the 
proof  of  tnat  hath  been  by  a  eonspiracy  to  seize 
tlie  king  liere  at  Oxon,  whirh  omsptrncy  he 
dedareii  he  was  in,  by  shewing  arms  prepared 
for  that  purpose,  ami  ny  ooroing  doM  n  to  Oxon 
with  ^at  intent,  that  is  the  proof  of  his  design 
to  kill  the  king. 

Coll.  Is  the  rons{)iracy  proved  of  that,  3Tr. 
Solicitor? 

L.  C.  /.  Mr.  Colledge,  we  have  had  a  great 
dealof  patience  with  you,  you  ha\e  siient  a 
great  deal  of  time,  you  must  contain  yourself 
now,  and  let  them  go  on. 

Coil,  DonotletlumdomttvroDg,  mjto 


4^   STAiy  lyfij,  M  ciuaM  a  i^v^feif gTj^yffljtp^in   (fiif 


M.  Om.    I  niD  ito  } 


'..-.Cm  Wr, Acn b mooMpini^ ptoved. 

£.'CJ.  LDikTaii,llr.CQlkte,VMhH« 
^m  np  •  gieat  dni  of  tbM^  MHi  W0  Wa  bid 


4iliMi,.Md  had  Bdkw  hMT  tM  MOdL  Au 

Mird'qpakTDii.aiidiiecuMtlM  oriteiae  « 
M-Md  tacnlt  to  HpMt ;  omr  ««  b 
M*d  VOB,  yon  matt  ban  ntinae  to  b 
i^M  Ah  kfiig^  Muuc]  Rf*U  and  «l*a 

•-l.^>-^''-<l  ><:" ■,Bftd«SttldldMUiy, 

the  iiMii<f".i.i[t<<>i<(fibttdi^pjilgrpe|«rii^ 
urmi;  t.i  tli-iT  |.iir|iaw,andl7  ownbg  domtt 
Oxuuiiisi-ixptJii'kiiig^hen;  tutdtfa&ttiiswM 
hU  mniiitesi  itiu-nt  to  frice  die  kin^  the  mtMf 
alii  hath  Ueiu  by  witueMM,.that  I  tUokl^ 
d  hj  vou  will  ban  in  •UeoliiMM  waiart, 
■— * — w  wa*  Ihig^  <Ta(&r*ae, 
1511M,  thMaMea«BMMtiBato> 


0^  nyin  igr  am  bjr,  and  mafca  ibt  dacm- 
MMOMH  Am  fai  Acir  proper  plaM.— Mr. 
D«ddB  WM  tbc  fini  tbat  WM  imdncad.  and 
ua  mdain  ia  *«ry  lUI,  be  Moraa  tbat  Mr. 

pwedee  declared  to  liim  at  the  ooffie-booae 
bare,  uat  be  wai  cgme  dom  « itb  an  intraUa 
•dze  the  kinff,  ih«t  he  had  no  expertatin 
HotqrtbiuEr  <i  i-iiJil  be  done,  that  he  was  anneit, 
and  tliathtidiilailviwMr.  Dutrdaletiilieaniied 
too,  i'lr  he  WHS  Lirovidvd  for  the  motimr  out  of 
Popery,  « hich  he  ixjitained  hinisolf  what  Itc 
meant  br  il,  that  hus  the  Chiin^h  ot"  I'ln^and, 
ami  the  kin(f  and  al!  hix  wlhcrenlH.  lie  ciune 
hilhrr  ann«<  for  that  [lurpose,  Kentk-mcn,  aiul 
did  aduse  5Ir.  Oii^alc  to  ann  lL-nu>elf  tno, 
tJmt  he  did  iU«lare  to  him  the  kinij  niis  a  Pa- 

S'rt,  and  all  his  famUj  were  Pupistx,  lie  wa«  as 
ep  in  thi>  plm,  and  as  (jnihv  iif  the  iniinkTof 
sir  Rduiiull^iirv  (iiHllWv,  1^  snv  bixlv  else. 
Tills  .vji»  ^^]l,.l]l•■  ihilariid  to  D'uifdiile  h«re, 
and  this  hr  s«mv  to  yuii  wlu-n  he  jjavc  hin 
ciidcnii!.  — Tlii-iicM  Hituetu  tv  Mr,  TiirbcTvilc, 
and  he  is  iKii^tivi:  t<>  the  imhIIm-  tlwt  is  laid  hi 
the  Indi(lt)i<-ii1,  mill  siveais  t»  vi>u  cxjimiiily, 
Ihat  Itr  iliil  iliflare  it  ti>  liim  at  the  ClH!((iM:r- 
lun,  lliat  ihey  rame  iIomii  litre  in  i'X|HMaiiun 


Riyn,  tbooe  arms  be  hnd  belnre,  bdiI  tharelbH 
they  »ere  not  proddvil  fur  thiti  )nur(N»e.  Ga- 
tlcmi'.ri,  He  dii  oM  pn't-'iid  10  prove  wbenlbii 
Ir^tvmtu  intent  ftM  Ik^wi,  and  bow  trnit,'  An 
dest){ti  hatli  been  Intcliiiii;  1  bai  such  a  dean 
there  wna,  Bod  such  u  tUnigu  l>u  nAnifeMHl* 
Ik  ill  IJiuwlf  when  lie  m«£  the  lUxlaittlinn  10 
Tiirbpntlt,  DDil  adiised  him  to  arm  hidwlf; 
wltetber  he  prepared  tbein  t^rainst  that  line  a 
no,  is  mil  material,  if  he  bad  tbeui  hetbrv  1  inJ 
if  be  bad  ihem  firiit  inntrcenlly,  jct  irhxaAi' 
WHnUdmi^cil  tliem  for  such  a  iiitr|i>iaF,  ud 
shewed  them  in  a  reiu)iiWB&  foTit,lWifaniif 
citnt  evideuue  to  prove  tludtreaMn,  8u  hoi 
are  two  witnesses,  you  obscrvp,  ai^ast  ih 
iirisoiiH*  of  ihis  matter  tliat  iii  iMd  Mriiinsl  hin 
intht'  indictment,  au  inieoi  lo  bit!  thtkini, 
the)  iMtliiimvcilpusitivcly  upouhini  bIOm. 
Mr.  Oued^e  sp«iU»  lu  matten  vtM:«<]clilUt 
for  111?  tells  you,  bit  ibBroumc  before  thi^  EaU 
iluwn,  tliat  thev  would  come  dmru  lor  th4 
purpose,  tlmt  they  had  an  exjiectatiDU  *OtM> 
liunff  would  be  done,  and  ihi^efon;  be  c*M 
down  in  an  i^iiipagK  not  suitable  to  faiipn- 
feiisiiin  ;  for  you  see  hewasbvtrwk  acv- 
penter  or  a  joiner,  but  armed  on  boniebaek  wii 
a  cue  of  pistols,  Ihinps  that  do  iHit  tircMM 
•nicb  ni(D  to  travel  Willi,  and  be  lUd  dulutU 
Mr.  Uiiirdale  for  what  purpose  be  canw  dMD, 
The  next  witmw  U  Mr,  Srnitb,  and  Mr.  SnM 
\>t  as  poairiTB  »nd  full  lo  lliit  matter  of  uagK 
as  uny  «f  the  rmU 

CJd,  Thtreis  acsrue  acarpailer  or  ajoioB 
lu  Loodou  hot  hath  iiistoU  whcD  be  ndes. 

L.  V.  J.  air.  Cnlkid4{t,  we  must  not  niAr 
lliis,  we  bad  so  much  pulienee  with  ywi  thai 
H'e  evpect  you  should  be  ijuiet  now,  and  Ml 
iulcrmpt  tlie  counael. 

Coll,  My  lord,  lei  me  not  be  overborn  upou, 

iTc  'u,  scarce  a  poulterer  in  London,  but  wbM 
lialh  pistols. 

Sol.  (ifii.  Wehadgrest  patience witbvM, 
Mr.  Callcdge,  niul  did  not  interrupt  yon,  I  ni 
sure,  but  let  you  lay  what  ynu  would.  I  dindi 
I  do  yuu  no  wroiig',  if  1  <M,  I  am  under  the 
rnm>clio[i  uf  Ihe  Court,  they  will  raprore  ntt 
if  1  do  that  which  does  not  beraine  we. 

Just.  Juii:t.  Did  not  you  mmble  I  do  Ml 
kiiniv  hiiw,  ondyctyou  wercsuffered  tOffooof 

Sol.  Cm.  He  tetla  you  «f  a  discoiinie  oi  ha 
fri.iii  lliG  cuK^-1i 


K|Hirt,  thai  sonicthiiiK  would  be  done,    wliithcr  he  was  invited  liy  ^derman  Wilooi; 

-'  "*■''    ' '  '■      '" "  '  and  tlic  discourse  was,  that  the  kii^  was  u 

(real  a  papist  as  the  duke,  and  much  moreto 
ibat  pur^iiKc,  viiilyiog  the  king:.  Thai  ahkf- 
nuiii  Wilcox  wait  a  man  that  |pTt>  money  to 
buy  anns  to  briii^  the  kin^  to  submissioD.  Ba 
objects  ugainst  this,  and  nays  it  is  imponibk 
.«iicli  a  diseourse  should  be,  and  that  al)  thi* 
should  be  talked  in  so  litlle  a  lime,  as  in  pasting 
from  tlie  ciifiee-housc  to  tbe  Croivn  tann 
without  Temple-Bar. 

Coll.  Pmy  remember  whose  company  it  wu 
l»ro*ed  I  went  in,  Mr.  Solicitor. 

Sol.  Gen.  But,  gentlemen,  when  yon  oaa- 
sidcr,  how  busy  a  man  ha  waa,  aud  bow  tiaij 
at  talking  of  treason,  you  will  not  tbak,  M 


t  the  kiiw  would  lieipn 
did  not,  (bey  would  bi:- 
Kin  with  htin.  and  thry  wiiuld  sM-iire  him  till 
they  h;id  iirim^'hl  hitu  to  comphanLr.  He 
khewe-l  biiii  lijs  arms,  tlint  lie  was  ready  to 
enarai^e  in  iliat  il.wiipi,  and  advised  Tiirbervile 
to)k! reftili  too.  Ami  nitlicr  than  Turbenile 
should  niit  lie  ready,  he  offered  to  piiicure  him 

CotL  kverv  roan  hail  the  same  arms  as  I 
hart,  and  1  hud  hail  thnn  Iook  before  that  time. 

Sol.  Gtn.  But  evtri  one  had  tliem  not  h  iih 
ine  same  intent.  Bill,  i-eiillenieD,  hvcau^ie 
ror.  (.oikilge  interrujits  mt^  with  an  olijeLtinn, 
a  frtO  take  nmioe  at  it  now  by  tbe  way.    He 


n 


STATE  TRIALS*  85  Ckaribs  II.  l66U'-for  HigkDvato*. 


[6Si 


It  this  man  might  talk  much  more  than  this ; 
t  this  I  mentkm  to  do  him  richt,  it  hein<f  one 
die  ar]^meiitt  he  used ;  and,  to  pi  e  an  an- 
er  tu  If,  thnufrfi  when  you  conwidrr  it,  I 
tie^e  you  will  think  it  not  to  neeil  an  answer. 
It  I  would  do  him  all  the  ricrht  I  can,  and 
w  3ron  ha%'e  heanl  it,  you  w\\\  consider  the 
^Iti  of  it. 

(■cntJcraen,  he  tells  you  of  another  discourse 
kervi^ards,  tliat  does  relate  t(»  his  l)oin?  here 
Oxoii,  lie  tells  you  hi*  had  arms  in  liis  house, 
4  ^^as^  ready  upon  all  occtsioiiH,  and  shewed 
T.  Smith  his  arms,  and  told  liim,  these  were 
e  tliingn  that  were  to  dratroy  Rowley's 
aards,  as  he  said,  which  by  the*  evidimce  is 
adeto  apfiear  ho  tneant  the  kin};^  by  that 
une,  his  arms  he  said  were  for  that  piir|)osc. 
hat  lie  woubt  ji^o  donn  to  Oxon,  and  there  he 
fected  some  s|iort.  I  know  not  what  K|K»rt 
F  thinks  there  is  in  rebellion  ;  you  see  what 
wcipfes  he  is  of,  that  does  maintain  ami  jus- 
^  the  peatest  and  horridest  rebellion  that 
"V  was  in  Enflfland,  and  says  they  difl  nothinof 
it  what  they  had  piod  cause  foV.  [Ie  tells 
^,  that  he  thought  the  kins'  wouM  seize 
■oine  members,  and  with  that  ex|M>rtation 
down,  hut  A-et  was  as  ready  as  the 
wo'i'd  be  one  in  the  securinsr  of  him, 
f  leBeddled  with  any  of  the  members.  This 
Mr.  Smith  inaile*;  and  tliat  after  the  par- 
was  dlssoIvcHl,  he  said,  that  the  kin^ 
m  away,  and  was  very  much  afraid.  This  is 
'•••d  b\  Smith  likewise,  and  tliis  Colleiltfe 
4.  deehre  after  he  came  to  town.  Smith 
mm  further,  that  he  did  wonder  the  kinsfdid 
VooDaiilcr  how  easily  bis  father's  head  was 
■■cht  to  the  Moc-k  ;'  and  for  Mr.  Colbflfjre's 
Moe  dill  declare,  that  he  did  believe  this 
ijf  would  lie  serrc<l  so  shortly.  And  this 
H  confinu  wliat  his  oth«T  witm-sscs  have 
Hhen  of  his  words  at  Oxon.  Thus  then 
ttt  are  three  ■.vitnesses,  thou^fh  two  are 
Hfh  to  cfmvici  a  man,  if  tl'cy  lie  positive  to 

Mr.  Haynes  is  the  fourth  witness,  and  he  is 
fall  as  any  of  them.  I  do  but  repeat  it  in 
art ;  you  have  had  it  so  otliMi  canvassed  by 
4e«lfKe,  that  1  lielieve  you  wiM  easily  re- 
^ber  it.  He  did  ail  vise  T^AyneK  that  he 
iMdd  not  value  the  kins;  at  all.  for  the  kiii;r 
KaU  be  called  to  acnimt  for  nil  his  nrtions  ; 
ImmI  he  wmdd  seixf  tliekincr*  and  liriiinp  him 
iht  bkH*k,  as  they  did  his  father,  w  th  un  in- 
lKalcxpr«*?Mion  of  that  bles.M'd  kl!t>r,  not  fit 
Ibrqinted.  And  he  stiid,  they  did  intend, 
^  they  bad  cut  otf  him.  never  any  more  of 
bnte  shouM  reitrn*  This  it  was  llaymni 
fi,  thomHt  there  are  other  mnttiTs.  1  would 
■iBatioe  of  one  tliini;  more,  and  I  n««ed  not 
iSiulieu'it.  you  will  remember  it.  and  that 
tbe  libT'l  of  Fitzharns.  Haynes  tells 
discouiHCMif  that  liliel,  he  snid.  that 
Mjwwd  of  it  was  true,  assure  as  Ciod  was 
iwiwii.  Now  that  was  a  libel  maile  by  a 
|kli  ■■  Iririi  impist,  who  had  Ireen  tric^l, 
■rifltoi,  aad  executed  for  it,  and  the  horridest 
#il«Hlhil  ever  was  writ.    Andthwiathe 


libel  which  this  gentleman,  wlio  is  &o  very  con* 
versant  in  liliels,  and  books  of  that  sort,  avera 
to  be  as  true  as  God  is  in  Heaven.  This  is  the 
substance,  gentienien,  ot  that  proof  which  hath 
been  made  to  you,  we  have  otlier  circum- 
stnnres  to  prove,  that  as  he  craine  down  with 
that  intent  to  seize  tlie  kin$^,  ami  as  be  ex- 
pectt^,  what  he  calls,  some  sport,  so  he  did  en- 
deavour to  Ijcfifin  thi*  spoit,  he  did  quarrel  in 
the  lobby  of  the  House  of  Lords  with  Fits** 
^erakl,  some  blows  passed,  and  air  William 
Jenninti^s  te lltii}^  lii:u  his  nose  bled,  he  did  de- 
clai'e,  I  have  lust  the  lirst  bloo<i  in  the  cause, 
but  it  will  not  hn  longr  before  there  be  more  lost. 
Thus,  att(T  he  hail  come  down,  he  endeavoured 
to  be^in  a  coiiiinotion  ;  for  from  little  matters 
^j^reat  thin<<rs  do  sometimes  arise ;  and  when  all 
men  were  {lossest  with  an  expectation,  such  as 
he  himself  did  declare,  he  and  othera  came 
down  whh  an  exiiectatkin  that  the  |mrliainent 
should  be  attacked  ;  a  little  matter  mifi^kt  have 
berrun  such  a  commotion,  which  no  man  knows 
what  end  it  would  have  had. 

Gentlemen,  this  hath  been  our  proof.  Now 
the  objection  made  to  this  proof  by  Mr.  Col- 
led&fc,  is,  tbat  this  is  a  popish  desi^  to  raise 
a  new  Plot,  and  cast  it  upon  the  Protestants, 
and  tbat  these  witnesses  arc  now  to  deny  all  the 
evidence  they  liave  (fiven  of  the  Popish  Plot^ 
and  throw  all  u|Hm  the  Protestants.  This  is 
tiiat  he  wxiuld  uenmade  you  to  believe,  but 
which  I  think  when  you  do  consider  a  little  of 
it,  it  will  be  impossible  lor  you  in  the  least  to 
have  such  a  thought.  For  what  are  tFie  evi- 
dence tliat  have  pnived  this  P  Who  arc  they  ? 
Men  of  credit,  that  have  been  evidences  aipiinst 
the  Popish  Plotters,  and  against  men  that  have 
suffered  for  that  Plot,  men  that  still  stand  to  tlie 
evidciict*  tliey  have  up^en,  anil  atfirm  it  e\ery 
word  to  be  true,  and  one  of  the  very  men  that 
he  bmu^lit,  says,  that  they  still  stami  to  it ;  for 
Turliervde,  who  was  one  of  the  witnesses 
a^irst  my  lonl  Stafford,  was  tetiiptrd  by  some 
]Krsuiis  to  deny  the  evidence  he  had  given 
at^nst  the  Papists  ;  but  his  answer  was.  No, 
i  can  nc  •.  er  ilepnrt  from  it,  I  ha^  e  a  aoul  to 
save,  thit  was  true  which  I  said,  1  cannot  deny 
it.  If  then  the  uitnesses  which  he  would  have 
you  to  believt*  to  lit*  {guilty  of  denj'ing  the 
Popish  Plot,  doconfinu  what  the^'  have  said  a<» 
to  tlint  discovery,  that  ohjcctloii  is  taken  off, 
and  they  do  stand  still  to  it,  th:it  every  part  of 
it  was  true,  and  aver  tbo  same  thing;  and  yet 
forsfM»th  these  men  are  gfcnng  about  to  stifle 
this  Plot. 

Gentlemen,  these  arc  the  men  the  whole 
nation  have  (fivcii  cmUt  to,  the  parliament 
bavins;'  imfieaehcd  my  lonl  Stafford,  u}ion  the 
rn-dit  of  tbem  (tor  it  was  uiion  the  credit  of 
Dnifdale  and  I'nrlNTvile  tbat  they  imfieached 
liiiii,  for  tbi're  was  not  two  witnesses  till  Tur- 
bf  rvik*  (*ame  in  and  made  a  second,  and  upon 
their  credit)  after  no  vo)emn  a  trial,  where  all 
the  objections  til  at  I  *ou  Id  possibly  be  made  was 
made,  the  House  of  I itmls  thought  fit  to  find 
my  lonl  Stafford  Guilty,  and  my  lonl  Statlbnl 
suffered  for  it,  and  died'upon  the  credit  of  thi 


tn^  grxmmH»i^i*G^:u>i^9^-rm^'*w*^-0mmi\ttfmh,  t 


graitlcmrai, 
be  bio  WD  oil  with 
that  they  are  peraons 
itieve,  who  are  giiiltj  ot" 
[esign  to  thtuw  the  Pliil  upon  die.  l*roies- 
"  '  because  he  Lot!)  desired  to  sate 
an  biird,  hy  Dumberinir  him-'wU' 
^  the  ProtestantM,  I  ntntt  «  little  ubiierTe 
jiM  yott  what  a  sort  nf  ProUMiaA  lie  is,  a  man, 
||b  would  have  yon  In  belipvo,  m  pnpuUr  for  hia 
I  ddgion,  that  he  han  uhtuined  die  name  nf  th« 
'*«Ote«taDt  Joiuer.  Dut  wheo  you  have  consi- 
'&edwhuthis  acitoiiH  are,  I  bt^iere  you  will 
flltle  5usc«rt  ha  teliguia.  If  the  ProteeUat 
^  11  attaw  any  man  U>  vilify  the  king,  to 
rai|pi  the  guveniment,  and  to  throw  off  all 
of  aTK^;!;viDce,  then  thi*  luan  is  a  Fn>- 
But  il  thii  be  lu  act  the  part  of  a 
, ,  t,  and  if  the  papins  could  wish  that  such 
jl.in&iny  mi^ht  be  put  upon  the  Protcxtanl 
■"■Hon.  that  it  ahonld  justify  such  a  reiellion 
elate  horrid  one  vmn,  and  own  such  a 
icipk  thnt  il  18  Uwliil  for  anv  subject  to 
e  and  vilify  the  kins,  and  wis  man  by 
many  scurrilous  libSi  aeena  Id  do  :  if 
y  muld  Tnsfa  this  nalion  overturned,  ami 
lO  contiision.  and  the  Church 
K^England  destroyed,  the  bett  bulwark  now 
^  the  world  against  I'operj'.  and  ibe  best  only 
— * —  -■  ■"■■)  ibv  left  for  the  poor  affilded 
■       •  ■  ■■  I  Mr. 


teoanl,  that  it  was  bis  trade  ti 
inu^  gel  rooucy  by  it  This  ha  ovivbeard 
4tandiii|i;  and  Uslieuiiv  at  a  door.  You  I 
■noliier  man,  Lun,  t&l  is  the  next  iriu 
nnd  he  sayt,  that  at  the  FWt  ditch  nhei 
saw  him,  there  he  declared  Uie  same  thui, 
him,  thai  h«-  would  swear  any  tfainf;  liir  uii> 
and  damn  his  soul  rather  'than  the  call 
cause  should  sink ;  anil  iiuw  bu  conHs  to  f. 
a  plot  upon  him  tliat  is  a  protcstaiil,  and  in 
purson  upon  all  the  piMcsuuitsof  England; 
this  man  would  laio  ihrow  ulCthc  creditof 
uopish  plot,  aud  turn  it  upon  iW  proUM 
But,  gentlemen,  it  is  ■tnuige,  that  Mr.  Ha] 
should  have  this  discourMwith  Lun,  tha 
time  that  ever  he  saw  him  j  for  1  am  sun 
own  witness  Lun  says  it  wu  tlie  fim  time, 
that  he  should  imnifrdiatdy  talk  to  him  al 
rate  is  somewhat  stroc^ ;  But  lor  on  am 
to  it,  this  Lun  we  have  cnnfrontod  with 
eiidence  of  White  the  messengtr,  who  «wi 
that  afterwanis  meeling  him  at  U.vhriil){r, 
asked  him  what  gentlfman  iJiol  was.  i 


I  abroad  ;  Uien  whiJ 


r.  Colled^ 


Annot  hut  observe  one  thing  to  you,  and  it  was 
flie  eridciin;  of  Dr.  (>ates,  when  he  did  Urst 
dacorer  the  Plot,  and  without  his  eiidence 
yuu  would  easily  believe  the  thing.  Be  told 
yoD,  there  were  two  woysthey  had  to  accom- 

eh  tht-ir  desigu,  by  du-ect  murdcriot;  of  the 
g,  or  ifthat  liuleil,  by  putting  all  tliii^ 
JBto  cootiKHiD  hi'n',  and  rainiiia  rebellion  and 
Csturbaiice  amongst  us ;  and  tJ)e  way  to  effect 
OUU  rebellion,  it  was  by  having  einissoiica  sent 
Wton^  us,  to  Hork  us  into  a  dislike  of  the 
Church,  and  by  that  mesas  into  a  rebellion 
twainst  the  stal"'.  Thai  some  men  wert  wni 
aSi-na'l  lor  tliiil  |p|jr|i'>sf  to    prrarli  al   cohich- 

tidea,  same  whereof  were  catehed,  and  some 
4d  auffer.  Now  without  this  evitjnice  it  wouhl 
■at  be  bard  to  beliere,  that  such  thete  are,  ud 
ham  been  ;  for  all  that  know  the  kiaiory  of 
«ar  lAnuatioii,  do  know  that  it  wa*  ao  mty 
imcliManiODg  dieai,  to  raise  «eoi«  avoogst 
m;  to  bring  omfiHion  Ant  into  the  chuRh.wd 
Am  io  tbe  *tate.  And  we  have  already  fomid 
ibeaodttfectsoTlL 

^ow,  gendeineii,  if  Colledge  baa  all  iIm 
whflo  va&t  the  name  of  a  protcitant  acted  the 
)«ffof  »papiM,  though  I  cannot  aaybeia  • 
papal,  nor  that  be  is  oneof  tkooevmiMarics, 
M  I  BMjr  ny,  be  is  not  that  gnod  pwtcslant 
Im  jrilendi  to  be.  OentlfinHn.  I  mutt  now. 
ti  fa  Um  rigbt,  a 
tUlfce  U&  flirm  agaiMl 

IK^H^fHi  ie  bMfi  pnd — 

Mhi,"  «^i_^  ■'■  Hiok^ou,  wbo  vya  be 

^m4  fy^Mj> 


I  he  says,  that  Haynes,  while  he  uoi 
I  there,  ran  away  with  a  silver  taokanl,  ht 
I  never  was  indicted  or  prosecuted  for  it,  ib« 
I  be  remained  atiorwanis  in  the  hoiue,  and 
was  tive  or  ax  years  ago. 

Now,  gentlemen,  1  think  llie  nature  of 
eiideoce  halh  not  that  weight,  as  to  lab 
the  credit  if  what  this  man  both  said  niNi 
oath,  eqierially  when  this  man's  evidHi 
I  80  backed  »i-Ji  the  evidence  of  other  men, 
I  1  think  there  is  no  ubjcctiun  at  all  ogaiai 
I  For  the  other  Hituesses,  Uugdale,  Smith, 
I  Turbervile,  are  men  whose  cmlit  has  not  I 
impcocbcil,  and   they  have  ixinlinned  in  ( 


s  contirmtd  with  cuncurreM  eiidi 


DugcUc  Tnrbtrvd^,  and  Itaiidt,  ^mj  1 
pntdticed  Dr.  Oalea  to  you,  and  he  iiMMt* 
theveditof  tboae  nen,  whose  tcstnaoayi 
what  be  g>n  at  Ont  in  diacoveriiw  i^  pa 
-'-*  'craditbybeuigaeocMled 


AndlcaBMrtbiil 
tbingf  ibal  diia  maa  ot 
lestiamiy  of  those,  wbo  bare 


by4 
isU 


of  those,  wbo  bare  given  mda 
indited  by.lbe  whole  kingdMi  f 
cooMbera  npoB  Ibe  wotdof  ap 
S  thai  Mr.  Dngdale  was  s  ■■ 
convenatisn,  sod  waa  a  p«nM 
_  _  .  disease  w  him,  when  bs  pnM 
be  waa  poisaiied.    I  renicnber,  ibis  waia 


h«2'al 


Cion  ihat  haib  been  DMde  by  iba  Mil 
,  «ad  I  bdie\-e  jou  hare  haaidilwii 
oftbeirmovtba;  bat  it  ia  thsHml  ti^a^ 
evv  I  heard  it  from  any  ooa  that  m  ««|l 
of  ibc  pqHsh  plot,  and  fwtaads  la  j»nJ 


STATC  TRIALS,  83  Charles  II.  l681.— /or  High  Trtoi^n* 


[702 


kfahii^  as  this  eoiild  have  been  made  out 
Ft  him,  it  had  been  made  out  ere  now,  the 
s  ivould  have  takfui  advantaijc  of  it,  and 
th^  wit  of  all  that  party  was  Ijcint  rjpinst 
lie  could  not  have  esca(H»d  the  havini*  it 
d.  If  it  had  been  true,  yet  J>r.  <)ate8 
ufMin  him  now  to  vilify  his  crt'dit,  and 
u|i  tlirisc  arguments  the  [Kipists  Itave  ma- 
ul v  su'j't'ested,  but  yet  were  ne\'er  able  to 
I  out.  This  looks  as  if  the  doctor  ^ve^e 
I  returning  to  8t.  Omers,  that  he  is  thus 

I  about  to  disparage  the  evidence  of  Mr. 
ikle,  which  in  great  measure  verified  the 

of  that  fliscovery  himself  first  made  of 
lopish  plot. 

»austTurber\-ile,  gentlemen,  I  think  there 
been  very  little  at  all  objected  that  can 
weigtit  with  you.  Mr.  Broadgate,  as  I 
OK  vou  obsene,  has  said  enough  to  con- 
Tu  Acrvile's  credit ;  ibr  he  hath  proved  to 
that  when  he  was  temivted  to  renounce 
■ndencc  against  tlie  papists,  he  refused  to 
,  he  liad  more  conscience  than  to  do  it,  he 
r  well  enough  what  he  hatl  said  was:  true, 

II  he  had  a  soul  to  save,  he  could  not  go 
I  it    This  is  the  evidence  that  he  gives, 

which  certainlv  serves  much  to  confirm 
iMhofTurbervile,  besides  the  strict  cxa- 
riiai  he  bath  been  under,  and  beyond  any 
f  that  Dr.  Oates,  I  think,  has  been  able  to 
ktdicthimin. 

t.  Dates  contradicts  Smith  about  his  com- 
fram  the  coffee-house  to  Wilcox's  «!!nncr. 
■ys,  he  did  not  come  al(»ngwith  Mr.  Col- 
t^  bnt  Colledge  came  along  with  Dr. 
a,  and  Smith  follovieil  them.  But,  gen- 
CD,  you  hear  what  Smith  hath  declarutl 
I  h«  oath,  That  they  came  both  together 
if  the  cofiee-house ;  and  you  hear  what 
■itnesss  Mr.  Smith  the  counsellor  says :  He 
raot  positivelv  rememberf  hat  circumstance, 
Me  wotilif  think  he  should  ;  tor  Oate^says, 
8mith  the  lawyer  walked  just  before  them, 
C«il1ed*j;if  followed.  Mr.  Smith,  that  Ls  the 
es^  for  tlie  king,  he  s\%  rars  he  came  along 
, CV.Iieilgi',  hut  Mr.  Smith  tlit*  law^  or  being 
d  that  queHtiun,  he  dties  not  remember  that. 
B  another  thing  is,  Dr.  Oates  stiys,  when 
'were  there,  C.'olledge  was  so  far  fn'm  dis- 
wig  iif  any  treasonable  matters,  that  he 
rery  merry  in  the  company,  and  talking 
Dcmly ;  bi:t  Mr.  Smhh  says,  he  was  so 
rom  being  nienr,  or  talking  treascni,  tliat 
iell  asleeii,  and  slept  Miiml  the  tnlfl..*. 
Ikmen,  tlieiie  objections  you  scv  what  tlit; 
(hi  of  them  is,  and  how  little  tliectitlenie 
it«fie  with  another ;  but  there  is  notliint;- 
4iei  oontradirt  Mr.  Smith  in  his  main 
■ee.  It  b  pOM-ibk;  they  may  not  rcmr-:*i- 
paitkolar  drciunstances,  whether  Mr. 
!%•  and  Mr.  Smith  come  togi'thi  r ;  so 
'-^^  dime  together  for  aught  they 
tliey  may  not  rc*memlM.T  any  cir- 
about  their  retiring,  but  tht^y  caiuiot 
tben  to  swear  it  is  not  so,  and  ibcir 
it  does  not  prove  it  was  so, 
ce  ilMlf  is  so  trivial,  that 


there  was  no  necessity  they  should  remembei 
it.  So  then  no  evidence  tfiat  comes  from  Dr. 
Oates  can  take  off  that  that  is  given  by  Smith ; 
though  if  Mr.  Smith  were  out  of  the  case,  anc 
Mr.  Ilaynes  too,  yet  there  is  evidence  Buffideni 
from  Mr.  Dugdafe  and  Mr.  Turbervile,  who  an 
not  impeached,  and  arc  both  of  them  positivi 
both  to  the  fact  and  to  the  place. 

There  are  two  witnesses  more  that  I  muar 
mention,  and  they  arc  Bolron  and  Mowbray 
they  s^vear  that  Smith  travelling  upon  the  roai 
witn  them,  would  have  suborned  them  to  s^eaj 
against  John  Brooks,  about  a  discourse  at  scum 
place ;  but  it  happened,  gentlemen,  they  diffei 
m  point  of  time  in  their  testimony ;  the  oni 
saio  it  was  tlie  25th  of  July,  the  other  wai 

rsitive  it  was  the  3d  of  August.  But  I  thin! 
need  say  no  more  to  these  men,  but  only  ti 
desire  you  to  weigh  their  credit.  Bolron  am 
Mowbray,  I  confess,  have  been  eviilcnce  agains 
several  men  that  have  been  accused  of  th^ 
Popish  Plot,  but  tliey  have  been  so  unfortonati 
as  never  to  gain  credit  with  any  jury.  Mr 
Smith  hath  been  b('lie\'ed  by  the  whole  court  o 
parliament :  But  if  there  were  no  more  in  thi 
case,  these  are  two  men  that  never  were  ye 
believed,  men  that  have  been  sworn  and  theii 
on-n  jury  have  rejected  the  credit  of  their  testi- 
mony :  'But  besides  that,  comparing  the  testi 
monies  and  the  difference  that  was  bf't^eei 
them,  is  a  sufficient  evidence  to  confront  all  tha 
thev  h  V.  ^id. 

T  t<  liik,  gentlemen,  this  is  the  substance  o 
what  hath  Men  offered  by  his  witnesses,  agains 
the  w  itnesscs  profluced  for  the  king,  except  tha 
of  Mr.  Kverard,  who  says  something  agains 
Haines,  that  Ilaynes  should  say,  he  swore  fo! 
self'^presenation.  And  against  Mr.  Sroidi  In 
sa^-s,  that  he  heanl  him  say,  he  did  not  know 
ot  any  i^rosby tcriaii  Plot.  1  lielicve  that  naj 
be  true,  and  yet  it  does  not  contradiet  Saiiki 


midencc  against  C'olletlgti ;  for  Mr.  8bu& 
not  tell  you,  that  he  was  privy  to  any  suck  ile- 
sign  of  the  I^resbyterians,  tliat  hekDOw»«tf'M 
consultations  that  they  held,  or  the  w7t«  aosj 
means  by  which  they  would  arrifvtf  * 
son  charged  upon  the  prisoner  at  ihi 
his  evidence  is,  That  this  ^  ^^ 
was  such  a  design,  tliat  tbcrr  w  t  7 
would  d<i  it,  and  that  he  would  kr  «a«  u  W  jok, 
and  armed  himsdf  for  that  ya^MC  riZE  j^^ 
r<'t  being  privy  to  any  |mL  w  iauwin^ 


*  44'—   r 


I^rticulurs,    is  no 
saiil. 

This  is  that  he  hatb 
and  by  th(^e  thin8»  *k 
tjike  off  the  ncdis  «ff 
u  uuld  have  you  l«ir*9 
Prutc'stnxu,  tucwcli  Xa 
tc-stunt  woiiM  A*.  aM.  ^v<>ci    •    uk- 
work;  he 
Iiasifone  to 
pi-otiured  ar 
\  ersunt 
don ;  te  F  i 
neeciitf'  ^ 
ft 


v   v'iui. 


U>  I'd'iZ," 


703]     STATE  TRIALS,  33  Charles  II.  i681.— Tna/  oj  Siepken  toiiedgr,     [Ji 

guihy  of  these  prac^tices,  lie  nntsi;ri\e  me  leave    and    by  Htiling'   tliemselrcs   by  the  name 
to  Biisjiect  the  truth  of  his  p^»fe^si(lIl ;  and  1  j  FroteHtants,  idiould  excune  thetiiiid?ea  trom  ai 
think  It  a  great  pi('t*e  of  amigance  for  him  to    snch  mnit's. 


take  upon  him  the  title  of  a  l^rtCKtant,  when  he 
hath  abused  that  title  hv  such  unsuitable  urac- 


For  the  «>videnre  that  has  been  given,  1  sbi 
not    cnuinei-Kte    the    particulars  affaiost  tl 


tices :  And,  Grntleinen,  if  such  praetici*s  as  prisoner  at  the  bar,  other  than  such  as  ha< 
theseare,whieh  we  have  hilly  provc<l,  are  such  Deem  omitted,  (if  I  mistake  nut)  by  Mr.  S 
as  all  good  iih**i  inu.st  abhor,*  1  cannot  but  re-  |  licitor. 

fleet  upon  the  comlitionof  thisman,  uliot^ennly  i  In  the  first  place,  tliere  are  the  things  tb 
hope  is,  that  you  should  now  foi^ret  yourselvfs,  I  hnpjieiicd  at  Oxoii,  for  you  have  had  it  aired 
and  become  as  ill  sis  he  is.  But  as  that  cannot  be  '  sutficiently  told  by  my  lords  the  judges  who  ai 
presumed,  so  1  shall  not  ni^ed  to  say  any  more  •  ti]^'"  ^'*^  bench,  and  who  (under  Mr.  Colledfe 
^  y<>u  ;  you  arc  men  of  that  consideration,  •  fuvour)  an*  the  prisoner's  judges  in  the  point  i 
that  can  judge  betwifnthin*^,  and  the  appear-  la^^'i  as  vou  are  his  judges  in  point  of  fiic 
ances  of  them,  and  you  know  lery  well  how  to  .  ''''i^y  l^^^^'  (I  i^y)  already  told  you  what  ll 
give  the  due  woi^jrht'  t>i  the  evidence  we  have  law  is  in  n*latioii  to  treasons  ;  that  in  case  tl 
given  to  you,  us  well  as  the  objections  made  '  ti-easou  be  in  two  counties,  if  tlie  witUMn 
by  the  prisoner ;  and  su,  geiillomun,  i  shall '  speak  to  tlie  self  same  treason,  though  to  di 
leave  it  to  you.  I  ferent  tacts,  that  will  l^e  two  witnesses  to  pm 

Serj.  Jeff".  May  it  pl«'us«'  your  lonlsliip,  and  ;  higli-tn?asun ;  and  that  there  hath  been  such 
you  gentfenien  of  the  jury,  it  hath  been  a  loiij^  i  case,  the  prisoner  at  the  bar,  wlui  Ka%she  ■ 
time  that  hath  \won  spent  in  the  course  of  this  i  l^testaiit  (for  his  own  sonPs  sake  f  wish  I 
evidence;    whether  there  has  W-vu  ixuy  art  or  '  ^^cre  ii  griod  one)  nmst  lake  notioi*,  that  Ciavai 


tha 
.  .  ;tb 

evidence  that  hath  been  "t^ivtu  against  the  bar,  that  is,  l>ut,'^lale ;  his  tn*;isoii  wi 
prisoner  at  the  bar,  when  there  liath  bi^tn  «»o  :  tnittwl  part  in  London,  jart  in  the  counlr),! 
much  time  taken  up  iinnec.-ssarily,  when  there  \  which  part  J>U'jfd:Ue  ga*e  evidence* ;  but  uim 
was  no  occasion,  sis  I  must  neelU  siiy,  there  '^o^b  to  tlu  self  Name  purpose,  by  the  gnato 
was  not  for  such  n  tedious  defence,  I  lea\e  it  to  i  i»art  of  the  jud^«'s,  wiio  were  in  'the  comHl 
you  to  deteniiitie :  J(ut  which  wils  truly  inti- j  Mon,  and  present  at  the  trial,  they  wfii 
mated  by  ihi*  <-ourt  at  the  heyfianiiij;  of  ilie  lerkone'l  a  sufhrient  testiiimny  to  pro\e  hii 
trial,  must  in  th:  nid  of  mis  e.ius4-  In-  r»'j»eakii.  uojiiv  «.i"  liijfli  trrason :  Aiid  1  liopo  we  do  w 
.uid  indiH'il  t»-o  throiioh  ii  all,  tlial ',\li:it  \*r  «'i'  li^»  to  thai  .-l'.*,  ih;U  ur«y  i*rjt'St..iii  uhaTsiH-te 
the  kiiiiif^s  eounvel,  ami  what  llu-  prisunvr  li  is  sii'MiIiI  ev»nr.  !■>  i.ij»  up  the  l'.re!>  •if  tlie  Fnpiid 
atiirined,  that  lists  not  JMeii  t»i\,Mi  in  iiroii".  Pioi  ;  i»v  .-:  ^  iiiiT.  tlial  an\  oiiiieui  wliosntfiiti 
sij^nilyini^^iiotliinu-,  and  is  not  to  l,e  an\  uuiilc  ;:t  *<  r  'a,  t'id  I'.ir  fwiai.u*  u*  ii.\\ ,  or  w  iihoiit  suffi 
al1lo'\ou.  Von  are  u|Min  \our  oatlls,  and  l»v  'Jt'iit  j»r«o«  :  I'or  it  >ir.  lhii:daif  u:i>  null 
the  tmth  vou  lia\e  taken.  Vou  an-  lioiiml  hi  pis.,?:  M  Vt  In-  iivliiMil:  or  it*  the  it -t  nt' ds 
eoiiseienee  t<»  i;iv»'  a  \«nliet  aeiorilii.vi  to  iIu-  _iin.i;i"»  ^^  it  >  tn:.l  (i:i\aii  \m  r.  «Mii  in  tin*  law, 
e\ideiiee  that  has  l»ren  i^ix'ii  to  \o,i.  u\u\  tiiat  .Vi'U  thi:  .w..  .  :lii.I  uriiiyl'iiih  :  lor  !.«•  li:ulaa 
IS  >oiir  yuiile  ;  so  itial  \>  liat  ur  t»|Mnril  am!  :ii'n*Ij  li^lil '.o  iia\e  l»eri:  liini  ai-.'o,-iii,.v;- to  tls 
ha\«'  not  pn»\eil.  is  iminiii-e  to  li.-  \h  !ii\«i|.  ilian  ;  '.iw.  as  any  'MlitT  jkinoo  \ii!a'>.«  vi  r.  TIiitp 
\«liat  tlh-  prisomr  lias  s:iifl  for  ItiiiiN H  i!i  Ms  t«>ri-.  irrnllt  .in-.i.  as  in  ih.it  inalUr.  wr  iiuifl 
own  ilef'.'tu'e  ;  ami  uli:ils<M'\er  he  sa\s.  it'  Ik:.  >.il):im  it  t«f  j:.\  li.i'i>  tin.-  }'.«li:<  >,  \v!:.iaretl 
make  not  lmmmI  proof'  <»t"  it,  is  ni»  imn'e  l«»  l)i*  i:i*<"  >"<i  ■';■  ■*.>*o;:nt  uli.it'iio  l.i.v  jv  i.-.  .i|i  pjir- 
ii"'i»anlej|,  thin  wtv.tt  \\v  do  ^\  lio  are  IIm*  I'ji  liculars  l.r.t.it-  \  jui  ;  l»v:l  :.;  iu  tl'.o  t.iei  u  tierH 
kiiii:.  Iia\(  allfdofed,  and  not  iint'lf  ont.  ao.i   art-    j.:':.:eN.   thil  i>.   tl."   l."«"1  mkiIUt  «I 

No  ilu'U  tiiis  )iein<r  ill  till- I'll  >t  |>iui*<  preiiiisfi.     ^ii.ill  «p{>l\  oiir^-t-ix^-s  to,  aiid  !•  r  liiat    ii   standi 
I  shall   take  ean-   as  ih-ar  as  1  ra!i  los;i\ctlK-     tntis. 

time  of  the  eoint,  and  not  to  tr»  nmu'*'.  on  \.:ir  I'.Tei-    'K^...:-  ilj.il  .'      .  •^\\i  \o;ian  ar« 

palii'n«*e,  o.<iitiiinen.  unnm  sn.ii  l\ ,  in  a  r  i^  ■  «t:i:»  una!  .n-  ili  ,,:  ^^us  hi  (*on:in;r  tn  Ox- 
\0i.  i(  iipoii  as  '^Ti  at  a  roijt'i  rn  d-is  «!fp(nii.  <■:■«'  Ir-w  li»  e.  !i.»  '..■  Im- .:iiim-1  ,is  au  oidcT, 
:n  pi -iLip"* « >»T  e.Min'to  trial  at  riii\  !:»'/ :  I'm.  I  «,.;..!■  ::ii  n.  "i  h.s  m.  i-i.  A..«l  p;»_\  t^iieniC 
>.'i\ .  'is  a  ,aM' uli.  inn  iIm  iili-  and  tin- !iIm  ra  I«  .'M-  ;  ■  |.  ii  \  o-;  i.i  •uiii  1  ot  .■  •' lliif.:;.  VoO 
ot  ihi  kh  is  'h  I  oufi  iiiid.  ..lid  lliat  is  tin-  -jri.ji  i...  .i'  "  -i  !•  ■•  I  .  r«i:iie!:l  a.. !  rraii  to  vo.i ;  a 
e«iu-eni'"l  \\t  ■  i.ation  ;  ili.  !i  lln-  i»lii;:«.n  ot'ilo  pn  ;.  -i-i  •!  n-iti  r.  w  mi*.  'I.i  ilun-  ari^<<iirrii  s  iliil 
ii.'.noii  is  i  .'i.iiTiieil  ;  1  w.oihl  Im'  nmli  i^.-.  i!  iuiv.  !"•  n  t:;'j  .i  ni««te  nf.  auil  «hieli  M-tiiito 
aiii;lit.  I  nil ..;» :l»i  ri'.'H  «.!;,ia  r.  li:;ionesi.d»lis..-  Imi  \  llu  i*  i  |.-m- •;;»  m  K>  >Ir.  "Masteis:  fiC 
*h1  l»\  la\*  ;  t«  I  I  kn"«  ot  r.o  otlnr  Ii  liu'ion  iiiro  in...  i«.  a  ^  im' ■  .I'lisi  in  I'.jose  Uiieru's  ••flbd 
i»us;fit  to  sat-riinv  tlnii  in.  s  ai'd  tortiiius  ti-r,  ,»s  m  i-.-dii  J"  ol  I'.i-  [•  oi  aincnl  id  ItiU,  wliieh  b^ 
hut  the  Fmtistan  u  .  „..  n  i  -..i'.hsIumi  Ii\  la«  ;  i:  's  rmiuileni  e  iii  ••.-^Itno"  al  tl»»'  Uar  fojusti^ 
and  when  tlies*-  thiuii's  an-  eoiui  riud,  'tis  aeiiM*  :  i.»o.  r»«.i.  m  iitlfin*  n.  »ou  were  tohi  |.y  IM 
of  great  eoiiM'«|ueniv :  Cnnl  feroul  an\  |HrMm.  !  eoiin.  and  \o  ■  khow  ii.  ttiat  that  parliamtnt  wit 
Froli^taut  or'otlicr,  should  attempt  iW  life  of  '  gu;  t\  oi" 'hi..ii  rein  llioii ;  juid  e*eti  in  ibsst 
the  king,  and  the  fub««rsioa  of  our  religiou,  |  Uucrieit  h«t  u>|Kr>c>  not  only  the  guvvnun^ 


STATE  TRIALS,  33  Chari.es  II.  \68l.—for  High  Treuom.  [70$ 


70J] 

but  every  man  that  Las  any  concern  in  it ;  for 
it  takes  notice  not  only  of  the  king,  but  of  ull  liis 
council.    Neir-er  a  judc^e  nor  an  officer  in  the 
nation  but  is  traduced  by  it ;  and  which  is  the 
most  material,  it  was  the  foundation  of  that 
Kbel  which  has  been  mentioned  to  you,  and 
wbidi  Fitzhan-is  was  so  justly  condemned  and 
executed  for ;  that  most  traiterous  and  infamous 
libel  in  [art  of  it  has  these  Queries,  and  a  ereat 
oan^ph  of  this  libel  makes  up  .{Kirt  of  that 
flbdof  Fitzharris,  which  our  witnesses  say,  3Ir. 
CoUed^  was  pleased  to  affinn  was  as  true  as 
Godis  lu  heaven.     Another  thing  is  this,  this 
gentleman,  whose  proper  business  it  had  been 
to  manage  his  employment   at  London  for  a 
joiner,  is  best  seen  iu  his  proper  place,  using  his 
proper  tools  of  his  trade.     1  think  it  hail  been 
much  more  proper  for  him,  and   I  believe  you 
vill  think  so  too,  than  to  come  n  ith  pistols  and 
dioae  accoutrements  about  him,  to  be  regulating 
of  the  government ;    what  have  such  people 
to  do  to  interfere'  with  the  business  of  the  go. 
Teroment  ?  God  be  thanked,  we  have  a  wise 
prince,  and  God  be  thanked  he  hath  wise  couii- 
adlors  about  him,  and  he  and  tiiev  know  well 
enough  how  to  do  their  own  business,  and  not  to 
need  tlieadvic<:  of  a  joiner,  though  he  calls  Iiim- 
lelf  the  Protestant  Joiner.    AVhat  had  he  to  do 
to  engage  himself,  before  his  advice  was  re- 
yiired  ?  How  comes  he  to  concern  himself,  so 
nnicb  that  after  he  had  writ  this  libel,  wherein 
be  is  pleased  to  take  notice  of  tyrants,  aller- 
wirds  should  go  to  make  a  print,  I  mean  the 
Bary  Shew  ?  And  when  Dugilale  comes  to  rn- 
nureofhim,  what  do  you  moan  by  such  a 
ttang,  the  t^Tont  shall  go  down  ?  >Suys  he,  I 
men  by  that,  the  king.    And  what  do  you 
racMi  by  having  them  to  go  to  Breda  ?  '  W  hy , 
there  he  explains  it,  that  he  puts  all  the  govcrn- 
nentytbe  lonls  and  the  bishops  upon  the  king's 
Uck,  and  bfing  asked  what  he  meant  to  have 
iooewith  them.   Why,  the  bishops  and  the 
king,  and  all  were  to  go  to  Brtxia.     These  are 
the  things  that  himself  did  acluio\f  ledge  he  was 
the  author  of,  and  these  prints  he  did  cause  to 
he  made,  and  he  is  the  person  that  gives  you 
as  account,  tliat  it  was  but  the  conception  ami 
inagination  of  Dugdale,  that  Rowley  meant 
the  king;  but  Dugdale  bi>ijig  called  again,  he 
tdls  you  after  some  time,  that  he  was  under 
wme  difficult^'  it}  know  the  meaning  of  it ;  and 
then  Colledge  tells  him  it  was  meant  the  king 
lod  tome  exinmnded  it  to  him.     And  so  Smith 
teBs  you  ot  the  same  name  of  Old  Rowley 
again.     Gentlemen,  thus  I  tell  what  hath  hern 
omitted.    The  evidence  hath  been  long,  and 
tberelbre  we  roost  be  pardoned,  if  we  can't  ex- 
actly repeat  it.    This  is  the  evidence  that  was 
done  at  0.\on,  the  next  is  Mr.  Smith,  who  speaks 
of  wliat  was  done  in  London,  and  be  la  an  evi- 
dence both  as  to  the  word  Rowley,  as  to  the 
coming  ^vith  arms,  and  as  to  the  declaring  to 
what  end  he  came,  and  what  he  had  done.  Mr. 
Haynes,  he  tells  you,  both  before  and  after  the 
tame,  and  ibat  I  must  take  notice  of  to  you,  j\Ir. 
Smith  doci  particularly  say  he  used  those  words 
which  I  hope  every  honest  man,  and  every  goo(} 
VOL.  yuu 


man  that  desires  to  presene  the  goremment 
according  to  law,  m  ift  hear  ivith  tne  greatest 
detestation  and  abhorrrncc  ;  he  talked  of  the 
taking  away  the  life  of  the  late  king  of  blessed 
memory  at  such  an  impudent  rate,  that  every 
true  protestant's  blood  \i  ould  curdle  at  the  hear- 
ing of  it.  And  this  he  said  not  onlv  to  Mr. 
Masters,  but  he  justified  it  to  Mr.  Smith  too. 

In  the  next  place  you  have  Turbcrvile,  wiio 
gires  vou  all  the  reasons,  how  he  did  not  only 
tell  ot  tliese  things  himself,  but  encouraged 
him  to  prepare  himself  accordingly,  and  he  gave 
him  a  mark,  a  ribbon  with  *  No  Pojiery,  no 
Slavery,'  These  were  marks  whereby  they 
were  to  be  known,  and  they  were  to  be  one  and 
all,  as  they  call  it,  that  wlien  such  a  blow  was 
struck,  they  would  be  ready  to  fail  iu.  There 
is  one  thing  more  that  1  take  notice  of,  that  ia 
M'hat  \Mis  said  by  a  gentleman,  sir  William 
Jennings,  wliicli  is  a  conHnnation  of  all  the 
other  evidence,  that  gentleman  who  hath  ap- 
peared to  you  to  be  a  man  of  honour,  even  by 
the  confessitm  of  Mr.  Colled|>;e  himself,  and  by 
his  own  words  ;  for  he  said  hke  an  honest  man, 
and  like  a  loyal  man  too,  that  he  would  rather 
engage  him<:df  in  three  dangers  for  the  service 
of  the  king  at  sea,  than  come  in  cold  blood  to 
gii  e  evidence  against  a  man  for  his  life  at  the 
bar.  And  3'et  this  man  who  tells  you  of  this 
himself,  and  that  very  person  whom  CoUedge 
himself  calls  a  worthy  person,  liath  given  3'ou 
this  account,  that  when  he  told  him  his  nose 
bled,  he  answered  him  *'  It  was  the  first  blood  lost 
in  the  cause,  but  it  would  not  be  long  ere  there 
was  more  lost:"  an  excellent  cause  for  a  man 
to  venture  his  blood  in.  When  he  was  told  of 
this,  he  bc^an  to  put  it  off,  and  to  use  his  own 
words  had  a  great  miiul  to  sham  offthf.'  business, 
but  in  truth  there  was  no  answer  given  to  it. 
Gentlemen,  the  objection  that  hath  been  made 
against  the  evidence  that  have  not  been  taken 
notice  of,  I  desire  to  take  notice  of.  I  think 
against  three  of  them  there  has  been  only  Mr. 
iSateSy  and  Mr.  Gates,  I  confess,  has  said,  *  in 
verbo  sacerdods,'  strange  things  against  Dug- 
dale, Smith,  and  Turltervilc :  I  have  only  the 
affirmation  of  Mr.  Gates,  and  as  ill  men  may 
become  good  men,  so  many  good  men  become 
ill  men ;  or  otherwise  1  know  not  what  wouUl  be- 
come of  some  part  of  Mr.  Oates's  testimony. 
And  in  the  next  place,  if  these  men  have  not 
sworn  true,  I  am  sure  Mr.  (Kites  must  stand 
alone  in  the  greatest  point,  in  whi«!h  all  the  evi- 
dence agree,  that  is,  the  popish  |itof . 

But,  gentleman,  1  must  take  notice  to  you, 
that  it  is  strange  to  me,  that  ever  you,  upon 
your  consciences,  should  perjure  three  men, 
who  positively  upon  their  oaths  deny  any  such 
discourses  as  Mr.  Gates  speaks  of  against  them, 
I  do  put  that  upon  your  consciences,  whether 
you,  upon  the  bare  aiHrmation  of  Mr.  Gates,  in 
this  plai*e,  will  convict  three  men,  upon  whose 
testimony  the  lives  of  so  many  as  have  suffered 
have  been  taken  away,  and,  as  we  protestants 
do  believe,  justly.  I  say,  whether  vou  will  do 
it  upon  the  bare  atfirmation  of  Il^Ir.  Gatoi« 
against  their  oathi. 

2Z 


707]     STATE  TRIAI^,  33  Charles  II.  iGSl.— Tm/  of  Stephen  CoHedge,     [70! 

Intbe  ncxl  place,  gentlemen,  1  must  tell  you,  |      O^IledfZr.  Ncvt-r  in  my  life, 
besides  the  pouitii  c  evidence  of  tliesc  frentlemf  n        Serj.  Jt//t  ric".  It  v  as  io  s:»id.     But  I  do  mt, 
there  is  circumstance  of  improbabiltty  in  the  |  ^rntlemer.,    supptoc  ('.vhicb  1  i\o  not  admit' 
very  n-«irds  be  s]>eaks  of.     Will  any  man  tell  i  tliat  tbe  Irishman  be  spt?aks  of  be  out  of  tlu 


I)ug{ 
tbar  these  men  sbouUl  cume  and  voluntarily  tell  I  fined  to  places,  nor  tn  persons  neither,  butajv 


D:>  you  think  a  man  of  that  knoivledgfe  and  j  tlemcn,  you  have  as  g: eat  a  procf  as  p<»^^ 
consideration,  as  Smith  is,  an  allowed  scholar  '■  can  be. 

and  a  man  of  known  Ifarnins^;  and  3Ir.  Dug-  1  In  the  next  plare,  I  must  tatie  notice  to  roi 
dale,  who  has  been  reckoned  by  all  men  tu  be  a  .  of  tuine  account  tliut  hath  Unn  given  of  fiin 
good  evidence  ;  do  you  take  tbese  men  to  be  ;  by  himself:  It  is  wonderful  strarge,  whei 
such  p.bsrilii.c  roMCC-s,  that  they  must  seek  an  '  tliire  was  that  kiudness  of  intimatioD  given  b* 
occciiioii  tuttllhim  th(-y  were  'bribed  off,  and  ■  the  court,  that  he  should  do  well  to  pro^ehi 
WL'Tt*  fo;-sw4.rii  ?  If  j  on*  can  think  this,  and  if  a  loyally,  as  woU  as  his  religion,  but  he  didnt 
bare  affirmation  aguiii.->t  these  positive  oaths  '  produce  some  of  his  lutcr  acqiuuntance.  1 
can  prevail  ^  gemlcmen,  upon  your  cousciencis  this  mr.ii  that  makes  hiinstrlf  a  protestant,  woul 
bcjt.  j  h.ive  it  believed  he  is  such,  1  wish  he  woul 

t  knei 
of  bin 


prov 

ac 


S.iiith  d  .es,  upon  his  oath,  say,  he  ucvit  had  :  coirit  sure  a  man  cmn  gi«  e  of  himself,  to  ss] 
any  such  <piarrel  with  hiui.  uiid  that  he  should  ',  alier  he  hath  been  talkiii*;  at  tlxi?  di^lo^al  nti 
fafl  a  dauuiing  and  sinking  against  Coll'jdgc,    that  he  is  a  ^inyd  protestant,  because  be  wi 


and  against  the  C!u>pcl,  that  there  should  l»e 


thought  so  eighteen  years  ago. 


such  unpudcncp  in  the  world  in  any  man  as  to        Again,  in  the  next  place,  here  is  an  a^'coui 

desire  or  wi>li  sucli  a   thing  :  (n'ntlfmciMiM\>e    of  ihe  lii)el  plven  l»y  the  old  \uinian  that  isb 

are  strangf  soiIn   «»f  an[>n  licnslons,  and   nu'ii  i  sist<T  ;  trn!\    s!:i-   \*«»rlu  ]:ave  it,   aud   ihoi 

must  have    A«r>    Mian;:c  ihoiii^hl^,   lh:il    cau  '  a!!<Mh»  r     lii.el    ::t    thf    h:ir,    as    thrui^h   ti 

Ktrain  th«'insohisn|«  tn  *'.iv  \i•■\\^  I Hf  ihom.  j  rr.aii  ii!  tli,  i\i\  ckuA,  v*ii]i   I*.  ('.  ij|.oii  u.  Ii, 

In  the  iu'\t  pla-t ,  lurf  it  is   «<ai<l  hy  ihf  pri-  '  droppi'd  thi>  ki'.il  »-f  l.h*  I  in  his  hou!»e.  aul 

sonrr.  Good  Lord  '  V.  hat  a  onidition  \vi"ilKill  ■  iu*.  orsoim -^oilv    • '  i\    j  iU  a  trick    upon  him 

Ibe  in  !   Ilrre  is  a  plot  upon   the  prulf>;aiii>  !  •  ami  UnauM^  sli*  ^'  •iilii  iuvtiuu*  you  in  surh  i 

I  ho|K'  in  God  \]n  u'  is  no  prott-stanl  pbit.  hut  i  ,  ijittrpritaii.  Ji.  '»iie  >avs.  that  they  st:ud  hihii 

alMi  hopcf  the  v^hnlc  intt  nst   of  the  protcstunt  '  tilt  th«.  i:'..ui  i:i  .li    :'. '1  ooat  had  ietcl.ed  aw; 

religion   is  not  in^uU*  d  in  the  prison«  r  at  tin  '  tii'- Mja\ii:Ls.  ;.!;•!-)  hi-rc  is  a  n«  v.   sham  p! 

bar,  anil  all  \^ill  ho  dost'oycd.  it"  Mr.  (.'ollt.ilgc  ;  l*  hi  pui  iiin-ii  llif  prisniur,  h\  droppinir  pajw 

dies  tor  tnasoiis.     (iratii  iorii,  tlie  om  MJnii  i<     in    h!s   hnv^!' :  n    inutv    kind   ot' insinuati'> 

n  It.  uiiuii«  r   tin  .V  lu*  a  pre>l»\ii.ria5i  or  upr.»-  ,  lUit.  ir<n:l»  nn.'u.    ;..;uli:Nt   ilic   c> ider.re  of  tl: 

t  "i  ant  p!«.i,  ur  d«  rlaif  u»*  kiifu  »if  none  ;  hut  ■  ucinuii.    \«ui  ha\c  I'.if  \i.t\    ]»t"sc'n   that    w 

whetlur  ilu' pri^iHiiT  at   tin'    h:'.r  ha>u  >pokui     tlnK\  tlif- ot»i«.M\  \\h«»  swears,  that  he  imd  1 

fcuth  wnnU,  ;iiiil  il'«nf  svu  li  tl.ii'u^s  asaiv  S..OIII     ft'lls.W)  run!'*   he:'i«.;'  the   walennan    into  ll 

aif-iinst  luni.     Aid  I  wo.dd  lain  kiiou  vnMall     ho'.i-«'. :   U...  I  s!ii«ii.is'\  \oii   niisiTve  how  th 

lhcdi^c<■n^-••>^u•  liaM-  Inula' 'out  IriNJi  wins*.**'*  ■■     n.i!";''It  f.4lLi..ji'  iiui. :  ;iijd  sho  ih»au"»"e  ;  foitl 

and  pupisi.s  >ii;nit\.  vliciiinull  ilit*  fi-wr^c  **!     it!..--!  l;"l!s    \t.u.   list  jv    caiiif   a  >iran^v  fell" 

oure\irlfnte.  ihiiv  has  Ik  tit  hut  om- Irish,  aiv.l     <» '.  t  a  am- k>  lu-it".*-.  i!ili\t'ni|  these  tluii^^  in 

lu  It  1  a  papi-l  :   Hut  ht'ii'  1ku(.  IvoU  L^n  .a  ilis-     In  i-  julikU.  lui  ii..ia  :  «as  ahroail,  and  >lii'  w 

Coiii-s*  s     alMiui   MaCMaiuarra,   aiul  J.»nii>.  and     'it^t  t'n  mpur*^  \0v.  ...\' il:ty  cami*,  nrwhai  tht 

wjia:  it  hath  h-v  n  f'V.  Ian  i'»  mak!-  a  in'is.  anti     \".ii\  .  htu  iiaiil  l-.m  si\|Hinv   fur  hriiiLTio:;  tlw 

rai.se  a  tliisi,  ]  jaMioi  till,  {i':"  sn  I'ui^  ens*- tlitn^  ^  l!jl:..r>.     Ni.v.  ii  ."-^  ^iT\  >trang».-  that  the  mi 

hd>  luA  Ih,im.ii.-  Irivhtsiaii  hciili"' lla\ai  s.  and  ■  sh«»r.il  i  .tv  t'»r  tlit»   hiin;-!!!!;  of  thoso  thin2 

nrwr  a  p.i[».>i  ;l.:^»!ii;iiiuit  ti.«    \»!iolt  t  viiii  :im^:  '  :\\u\   y<tuiivr   all    shoultl    ini.vj^iijt  tl;at  muu 

Si»  ilia!  1!  Is  r;s\ ,  ir  ijit :.'  1:..;.'k  ;i  x-ill  lakr  ^^^'\\  j  I  '%I;.  i  .^^  sIi.^uM  j>m  lii.  in  thtTc. 

tlir  auiiiii  I  \ .  tor  .1  ].t  r-*- •• ;  ■  t  n  or.i.  <>  L;h.1  !         l-'it  i    "  .  i:.  iLlviinn.   in  t!:c  nrxt   fikuw 

^Vi'i.r-  ;Ii;k«ioiK  i:i  i....it  ,i,  i.  n:»' I;  *I>  v,  .j-     imist;.!!  n-.-i!  ,.  tilir   ;I.i.\;^-.   whitli    1    wci 

m>»*ts '..'•■  r;; III  .l:...p^i    u>       \.mI  %♦  I.  I'.ii  a'.!     heu' \*  a  •■•  lalxt.' ri'iit-'L'  vi  .   Hirf  an*  twi»  jje 

this  Mir.  ti:.  .'    •.-.    l-vil  iiu-    lr.>li    *ui'.:t'>s,  ajid     lli-uicTi.  >1,-.    l*.  u\.a    ;4iil    >lr.    Mo\\J.rav,"a 

never  a  ja:'^.       \im1  ;.<  lur  liis;:.  iruU  ,  ;.:intl.  -     iIi- y  l'.nvu;\i  si  \t.u  a:>..txtumi,  t'.iaithrv  ba 

men,  1  uur:   l.i"  «•  n«u'ut,   ili.ii  t-«ii   i■.'.U■^l,r^.    U^n   t'lil.  :.^v  ;.L:-.in!-l   the   papists;  they  < 

hnnsi^'.l".till-iuht!.;uashcwus;*kcu,  ii.ckL'Ui.a    V..11  in  ii  ;  l.ui   it  hath  Ikiu  tlitir  misfortni 

k.jiA  an  boui'Si uruj  hithirto  tJay  bu\ w not Inxn  bi;li<ivi;d  i  but  wli 


STATE  TRIALS,  33  Charles  IL  l68l.-/or  High  Treason.  [fiO 


licy  htTa  been  belipveil  or  not  before,  is 
tidiuice  to   you    at  tliis  time :  But  tliat 
I  is  to  guide  you  in,  whether  or  not  they 
givvo  you  now  a  testimony  that  you  in 
eoBscienees  can  believe.     Now,  can  yon 
e  wliat  they  have  said  ?    Nay,  can  you 
e  it  without  any  circumstance  to  couhrm 
ainst  those  express  objections  that  arise 
ihemaelTes,  and  as^nst  tlie  oatli  of  the 
n,  when  the  one  tella  you  so  exactly  of 
Sth,  26th,  S7th,  and  98th  of  July  ;  and 
iher  tells  you,  that  Smith  took  post,  and 
Fertook  thmn  not  till  the  Sunday  alter, 
1  was  the  3d  of  Ans^ost ;  and  wnen  the 
tiack  is  prodnoed,   it   was   so  far   fn»m 
Dif  oat  what  they  spake  of  to  be  the  same 
that  whereas  one  said  he  came  to  London 
!8th,  the  other's  Almanack  says  it  was 
tTth?    Then   pray  now  do  these   per- 
iH^ree,  when  the  one  says,  that  Mr.  Smith 
1  with   him    upon  the  road   the   liUth, 
he  other  says,  that  they  came  to  London 
7th  ?    These  are  circumstances,  gentle- 
that   you    must   weigh  ;  and  yoii  may 
the  north  and  south  together,  as  soon  «ls 
two  testimooicR,  they  are  so  far  asunder. 
ei,  gentlemen,  I  hope  you  take  notice  of 
m  that  was  sworn,  a  person  of  some  quality , 
bolar  in  the  unirersity  herp,  tltnt  says 
IB,  though  he  denied  it,*  did  sIh*w  him  one 
Ke  pictures,  and  did  di)»(?(ivi;r  they  were 
!)oll«dge's ;  ainl  Bolron   luiii>«olf,  his  own 
«,  tL*lls  you,  that  he  <lid  u<*kjiouledgi*  one 
Me  pictures   was   his.     It  apitears  then 
bosy  he  was,  and  conr«mod  liimselt*  iu 
belongs  not  to  his  pn>ffssiun. 
that,  upon  the  whu'e  m-itier,  afler  this 
ividenoe  that  hath  bcca  given,.  I  must 
y  ap[icul  to  your  lonlships  and  the  jury  ; 
ihe  law,  ti  your  lonUhip  and  the  o«»uft; 
I  to  the  tact,  v^  the  jury  :  For  I  do  not 
laoy  S'jilof  eviilcnce  should  be  strained 
rta  pri»i)ner  at  the  bar,  who  there  is  to  be 
lor  his  lite.    God  forbid,  if  he  be  inno- 
»ut  he  slionld  be  acquitted  ;  but,  on  the 
side,  consider  die  inurder  uf  tbat  great 
of  ever  blessed  memory  is  beiore  you, 
remember   that    ba«(e    reflrction    which 
ritueanes   tell    you  of  up«jn  that  horrid 
I ;    and  as  a  great  evidence,  remember 
eeming  viiidicatiou  of  it  at  the  bar,  which 
aly  BO  Englishman,  no  Protesttint,  acconl- 
>  the  church  of  England,  can  hear  witli- 
taving  his  bfood  stiiTeJ  in  him.     And  the«c 
B  are  not  only  tesititied  by   Dugrtafc  and 
ly  but  by  gentlemen  of  known  reputation 
Dftfity ;  ami  he  liatli  a  little  dis'.-ovemi 
ifbjf  that  defence  he  hath  made  against 
taMUBODy.     But  know,  gentlemen,  that 
'mg  is  conoemed,  your  religion  i«<  concern- 
flftplatthaiisso  much  agreed  to  by  all 
MMli  b   concerned  ;    for   if  DMiydiic, 
igWri  Tdrhervilebe  not  to  b»:  believed, 
df  op  the  lieels  of  all  the  evidence  ami 
"  that  pkit.    Then  I  will  cmchide 


■ecordiiig  to  Um  oath  ibat  ha&  been 


1,'yihiincp,  and  apfieal  to  your  ccmsci- 
ifvMmdiii 


given  to  you,  you  are  bound  in  your  conscicncet 
to  ffo  according  to  your  evidence,  and  are 
neither  to  be  inveigled  by  us  be^'ond  our  proof, 
nor  to  be  guided  by  your  commiseration  to  the 
prisoner  at  the  bar  against  the  proof ;  for  as 
God  will  call  you  to  an  account,  if  you  do  an 
injury  to  bun,  so  will  the  same  God  call  you  to 
account,  if  you  do  it  to  your  king,  to  your  leU- 
gion,  and  to  your  own  souls. 

Lord  Chief  Justice.  Gentlemen,  I  sliall  de- 
tain ytm  but  a  little,  and  sliall  be  as  short  as  I 
can,  tor  your  patience  has  been  much  exer- 
cised already  :  It  is  a  bunlen,  and  a  necessary 
one,  that  lies  upon  us  all,  tor  there  is  nothing 
more  necessary,  than  that  such  trials  as  these 
should  be  intire  and  public,  intire  for  the  dis- 
patch of  them,  and  public  for  the  satiafiiction  of 
the  world,  that  it  may  appear  no  man  receives 
his  condemnation  without  evidence,  and  that  no 
man  Ls  acquitted  i^vain8t  evidence. 

Gentlemen,  tlierc  are  these  two  considerations 
in  all  cases  of  tliis  nature  ;  the  one  is,  the  force 
of  the  evidence ;  the  other  is,  the  truth  of 
the  evidence.  As  to  the  force -of  the  eYidenoe, 
that  is  a  point  of  law  that  belongs  to  the  court 
and  wherein  the  court  is  to  direct  you ;  as  to 
the  truth  of  the  evidence,  that  is  a  ouestiao  In 
fact  arising  from  the  witnesses,  and  mnst  be 
IrA  ui)on  them,  whereof  you  are  the  pruptr 
judges. 

As  to  the  force  of  the  evidence  in  this  case, 
it  must  be  considered  wliat  tlie  cliar^  is ;  it 
I  is  the  com|Mis8in<^  the  death  of  the  king,  and 
I  conspiriut;  to  seize  the  person  of  the  king, 
uhii'h  is  the  same  thing  in  etfect ;  for  even  by 
tlie  common  law,  or  upon  the  interpretation  of 
the  stilute  of  the  S.3tli  of  £dw.  3.  that  men- 
tions cunipassiiig  the  death  of  the  king  to  be 
tnfason,it  hath  always  been  resolved,  thai  who- 
soever shall  imagine  to  depose  the  king,  or  im- 
prison the  king,  are  guilty  of  imagining  the 
death  of  the  king  ;  tor  thi^y  are  things  thai 
depend  ujion  one  another ;  and  ne^'er  was  any 
king  dejroscd  or  imprisoned,  but  witU  au  inten- 
tion to  be  put  to  death  ;  tlicy  arc  in  conse- 
quences tiie  same  thing. 

Now,  gentlemen,  in  cases  of  treason  the  lair 
is  so  tender  of  the  life  of  the  king,  that  the 
very  imagination  of  the  heart  is  treason,  if 
tlirre  lie  any  thought  concerning  any  such 
thing  ;  but  then  it  must  be  manitesteil  by  some 
Overt-act,  uimhi  tlie  statute  of  the  25th  Edw.  S. 
but  U|)on  the  statute  of  the  i:ith  of  this  kin|^, 
niaile  fr»r  the  pn-Jier^ation  (»f  the  king's  jicrBoii, 
if  it  lie  inuuiffjstetl,  lie  inalieioiu  ami   ailviseil 
»|irAking,  it  is  sulHcient.     Tliis  is  as  to   the 
charge,   and    as  to  the  law   concerning  tliat 
rliji'jrf,  I  mu^t  U'll  you,  there  must  be  two  Wil- 
li tist-s  iu  the  case. 

Nou'  then,  for  the  force  of  the  evidence,   tli« 
q^ie.'tion  will  ari'W?  heru,  whether  this  eviil»«tir«*, 
admitiing  it  to  l>e  triw,  is  sufficient  to  luuhitftiTi 
the  inHiftivs^nt  ;  so  that    ii' th«*re  lii:l'A«i    virf*.> 
iic'.-'es,  vou  iiiUKt  ti;id  him  gaihy.     N<iW  -a  •    %• 
this,  li'pntlein*'.!.  th'.'  pn^oiiirr  ha*  lMl»m*  Sn 
caik*d  Ujion  ibecitirt,  and  liad  thnr  M-sfi  a*.io^ 
and  1  hope  you  wJl  reraeoiber  wLaI  liWli 


71 1]     STATE  TRIALS.  33  Charles  II.  i6si.--TWa/  oj  Siepkm  CMeigt,    [7i2 


■aid,  and  I  ihall  have  occasion  to  trouble  you 
the  len.  There  have  been  six  H'ltuesses  pro- 
duced tor  the  kin<jr ;  there  are  two  of  them,  sir 
William  Jenniii^  and  Mr.  Ma<nrr!«,  that  are 
some  ivay  apphcable  to  the  rase,  though  tlie} 
do  not  go  to  the  treason,  they  ore  only  to  infer 
the  probability  of  the  treason.  This  of  sir 
William  JeiMiiugs,  was  upou  the  occasion  of 
the  Ueediiitf-  of  the  prisoner's  nose,  afler  his 
quarrel  with  Fitz;^ralH,  lUten  he  said,  He  had 
lost  the  (irs«t  blooci,  and  it  would  iKit  be  long  ere 
there  wouhl  be  more  lost ;  which  shews  there 
were  some  ejLtraordinary  tiioughts  in  his  heart, 
concerning  some  divisioLs,  quarrels,  and  fight- 
ing that  he  expected  should  be.  That  whurh 
Blr.  Masters  has  said,  besides  what  be  offered 
concerning  his  prindples  in  justifnng  the  long 
parliament,  was  this,  Tliat  when  he  called  him 
colonel,  Marry  mock  not,  said  he,  I  may  be  co- 
lonel iutime  ;  that  shews  some  extraordinary 
thoughts  were  in  his  heart. 

CoUedge,  Will  not  that  bear  a  more  fa- 
vourable interpretation,  my  lord?  Must  that 
necessarily  follow  u|mn  my  saying,  1  might  be 
a  colonel  ui  time  ;  and  that  more  blood  would 
be  lost  ?  if  I  had  expressed  it  so. 

L.C.  J.  I  say,  you  had  some  extraordinary 
thoughts  in  your  hi'art. 

Coiicdge.  1  am,  sure,  fittest  to  explain  my 
own  thoiio-hts. 

L.  C.  J.  You  would  have  done  wrll  to  have 
cxniaintxl  it  which  way  you  cxpecied  to  be  a 
colonel. 

CoUedirf.  It  was  not  in  expi-ftatioii,  for  a 
may  be  may  not  Ik»  ;  my  word  was,  inockinir 
is  CJitchint,^;  1  tlioujjrfit  he  liad  called  mc 
cousin. 

L.  C.  J.  Well,  jLfcntlcincn,  th«'S4'  an-  m  iincssos 

I  say,  tliat  i^}  not  lo  th«*  irtasou  Imi  only  re- 
lali'  and  rcilcci  soinruhat,  to  slu-w  Uiwrc'  were 
thont^hls  in  his  hcnrt :  hut  nobody  couhl  tell 
\vhattli<'>  Were,  or  khovr  uliat  lit"  iiicaut  by 
tiicm. 

Coiled  jr.  Then  tliry  arc  always  to  ho  taken 
in  tin."  I.t.st  siii>«\ 

L.C  J.  For  ilic  otln-r   wiliicssos,   Stephcii 
Duu^iaie,    Joliii    Smith,   iJr\ari  Havn«'s,   and 
iidward  TurUTvih-.  ili«y  arc  all  of  thorn,  tak- 
iujT  Mliai  they   ^ay    lohcirut.  mtv  full  wit- 
ij<  SSL'S,    'i  he  j>ris<mer  hath  ohjceted  as  to  two  ol' 
th(  HI,  Im  eaii!»e  they  speak  tr/nuiliin^r  ||,;.r   ^vas  ' 
dom  in  OM'ni-dshire  ;  hut  TiirlxTMli  and  iJu«»-  ; 
dale  lilt y  speak  to  what    was  syid   in  Oxl'ord- 
fihire.     .Ntiw  liir  tint  I  ins-st  t«  11  you,   it'  \ou 
lMl]eM-ai.\  of  ih.  •••   ^^Itu^Nse:,  as  !•■  wlial   wjis  j 
Raid  ill    0.\ilM-d,  ami  ;.u\    «»t*  tli.  m  ;;s  to   wlmt  • 
yM\>  >.ii  1  iM  l^M'diiii,  r«  'iiu;'^  to  i;n-  s;:'iie   lad 

I'lriiiit.jiii  ;;M-  ijuiic!  u(  uT,  iUoi»i:h   ttie  nin;  is   in' 
tlieoiH  I  •■■iiiiv.Mil  ilii;  .iii.er  in  aiKrtli- r  ;  lor  ! 

II  a  Ire.LNi.;:  !»»•  eiHeirM'iMl  in  tvo  e  .untie:.,  it  is  ' 
tlu.  Liii^i'-i  1,  eiiou  "  :m  IV  lie  \.  ill  i  \!i.J,ii  li.eiM-  , 
ditJJiunt,  aitil  tiie  cvi.|<  nee  train  J.'/Jj  eo'iiilie; 
is  tr«HHl  i\i',iin,.- ;  that  I  take  li.r  \\\\\  \  ano  • 
theM*  ton;-  uiL.esMs,  -.^iiii  t'nat  cinsidc ration  , 
that  the>  are  true,  iin  I  iliiuk,mt;  lull  wil-it^-bts  \ 
to  maiiiiiiiii  this  iiiiLitUitiit.  I 


Why  then,  the  nevt  head  is  conceniing  tht 
truth  of  this  eridenve,  of  which  you  are  to  be 
judges,  and  you  are  tlie  proper  judges  whe- 
ther the  witnesses  speak  true  or  no  ;  tberefon 
you  must  have  your  own  consciences  to  direct 
you  in  that  case,  aud  %vhat  1  shall  say  aboot 
tlieni,  shall  be  ouly  for  your  assistance. 

f  ^tlemen,  I  stall  not  take  upon  me  to  re- 
peat the  evidf  iioe  to  you,  it  has  been  long  ;  ind 
tor  me  to  speak  out  of  memory,  1  bad  ntber 
you  should  recur  to  }'uur  own  memories,  ud 
your  own  notes ;  ouly  1  shall  say  somethisf 
m  general  to  contract  your  consideration  of  it 

3nd,  as  1  told  you  at  first,  you  must  niin^ 
nothing  of  what  tlic  king's  couuhel  said,  far 
nothing  must  have  impression  upon  }ou,  but 
what  they  provetl ;  so  you  are  not  to  coiuida 
any  thing  of  the  facts  the  prisoner  speaks  of, 
that  are  not  proved  neither  ;  tor  conmioo  ju* 
tice  is  concerned  in  it,  and  uo  justice  cao  be 
done  at  that  rate,  if  the  prisoner^  own  iffir- 
matioiis  or  purgation  should  be  taken.  No  luas 
e>er  can  be  accused  but  he  will  be  reuily  touy 
he  is  innocent,  aud  say  as  flourishing  and  pth 
pular  things  as  ever  he  can  tor  hiuihelf.  And 
theretbrc  tliese  things  must  not  weigh  with  yoa 
further  than  as  was  said,  argues  upon  the  prao6 
you  have  had.  And  ^ou  are  to  consider  u{m« 
the  proofs  what  tlie  prisoner  has  pitiduced,  sol 
what  he  says  ;  on  the  other  side,  tor  the  prooft 
you  have  heard  a  great  many  witnesbes  ui  ge- 
neral pnMliiced  hv  him,  that  say  he  w  as  M 
a  protestaut,  andlia.s  l>een  an  hoiitsi  man,  that 
they  knew  no  ill  bv  him  ;  that  u  ill  he  of  link 
\wi^'lit  111  a  CiLse  of  this  consideration  ;  fur 
uiili'.NS  he  was  a  man  that  had  eonimitted  Vka- 
son  to  the  knou  led^^e  of  all  the  world,  iheit-  isM 
man  l.ut  can  produce  witnesses  that  know  duiU 
of  him,  nor  any  treason  nor  hruin  in  Lim: 
wheiY'tore  the  i|ue>iion  will  lie  upon  the  crulit 
of  the  uitnesstis  prouiiced  tor  tlie  king  ban-lv, 
and  that  will  Ik.'  the  (*onsi deration  sow.  are  odIv 
loi:a\e,  and  \(mi  are  to  wei|^h  them  in  the  ba- 
iaiice  against  the  wilnesbcs  produced  agaiibt 
them. 

.Now,  Jifcnllemeii,  for  these  witnesses,  I  shall 
not  repeat  then  I  io\uu  ;  but  oidy   this   1  shall 
«»hser»e  in  general,  that  l)u;^i{ale  and  Turlnf- 
vile.  that  are  the  twi>   most    material  wit uesMrs 
rtlaii.itrto  what   was  spoken  in  ()\ford>bir«, 
havi*  the  linst  said  a<r<iiiist  them.     1  do  not  rt" 
iiK-iiiii:i.  I  proless  lo  you,  1  do  not   ^hut  vour 
own  iiott.^  must  ^uide  \ou)that  then;  wa&  aiij 
\er;  material  thiii:^  said  ainiiiisl  them,  f.u'ept 
wijii"  is  >aid  atiaiiisiiluniln  lir.  Ostes;  andDr 
<  Kile  s  it«»e^sa\  ji'jaiiiNi  Sinith,lliat  lieeameoutuf 
tilt?  eo!i«e-house  ai.tl  swoi-edaiuu  lumhewuulil 
ha\e('«illediie'sMUMKl,anflv\henheixpro*e<ihiui, 
hi'  said  it  was  not  lit  for  a  minster  of  the  «^9pel 
to  use  such  expressions,  ho  said,  (lod  damn  the 
iTospel  ;  if  that  be  true  it  is  a  retktrtiou   U|X)n 
the  credit  of  S:nii!i.      lie  says:is  to   Uu<;tlalt 
that  when  he  was  e.\pi>stukiling  with  hiinaljuut 
hi «  evidence.  h(M;\cused  himiielf,   that  he  was 
in  want  of  monev,  and  was  pressed  to  it,  aiwi 
liein^  asked,  he  liiii  sh\  ,  he  was  pressed  to  swear 
Sii^^uiisl  lii«  cou^cit-nce,  and  said  yes  \  and  oiucli 


ri3]  STATE  TRIALS,  33  Charles  II.  l68l,— /^r  High  Treason.  [714 

tji  tbe  same  kind  lie  saVs  as  to  Turbcrvile,  that        llieu  the  court  call«<)  for  twQ  bottles  •£  sack, 

he  said  be  was  desei-tec),  ami  would  not  starve,  which  the  Jury  divitled  ainonf;  themselves  at 

Noir  all  these  three  witnesiM*s  bcinpf  called  the  liar,  for  their  refreshment,  iu  the  presenct 

upw  their  oatlis,  deny  that  which  Dr.  Oates  of  the  Prisoner. 
Mhfiei.     Now  tf  it  were  in  an  iudiflerent  rnul        ^^^^  ^y^^  ^  p^iUAP  ^^  ^^^    ^  ^ 

ri^™fTi^*''Jl.*"*"''''I'*       •"      :  jury  withdrawing  to  considor  of  their  verdict, 

ud<et«ideU'the  tertimonv  «»  one,  »  not  Vcourt  ailjourned  for  haif  an  hour,  and  whei^ 

MMi  unlew  the  man  were  ot  mighty  evtraor-  ,,,„..  _^u_,.'^,    iv,w,i«m.ti«„  hpino-  «.«!-,  «., 


had  fwom  a  thin^^,  they  should  voluntarily  ac- 

Juwwledge  themselves  to  he  forsworn,  and  tliat  C7.  of  Cr,    Gentlemen,  are  you  agreed  of 

vidiout  any  provocation,  they  shoulil  at  se-  your  venlict  ? — Oj;i.  Yes. 

leral  tiiuescoine  to  this  one  inau,  and  declare  CI.  of  Cr.  W'Uo  shall  say  for  you  ? 

themsd res  rogues  and  villuius  ;  hut  if  it  were  Om.  Foreman. 

frobable,  here  are  three  men's  oaths  against  CV.  ^X>.  Stephen  Colle<Ige,  hold  up  thy 

cue  man's  affiirroation  ;  this  I  say,  as  to  what  hand.     Look  upon  him,  you  of  the  jury :  bow 

noccnis  Dugdale  and  Turbei-vile,  I  «lo  not  see  say  you,  is  he  Ouilty  of  the  high  treason, 

aoy  thing  material  against  tliem  ;  besitles,  now  whereof  he  stands  indicted,  or  Not  Guilty  ? 

if  you  believe  them,  they  are  two  witnesses  to  Foreman.  Guilty. 

the  full  matter  of  the  indictment,  and  t\»o  CV.  qf'Cr.  Look  to  him,  gaoler,  he  if  found 

witBcsses  to  what  was  done  in  Oxfordshire,  Guilty  of  high  treason  ;  what  goods,  to. 

aod  that  satisfies  all  the  considerations  of  the  r  -^  .„i.:^i.  ♦!,«««  „^.  «  *  .1  ^.,* 

•  [At  which  there  was  a  great  shout  given  ; 

A«  *^   ftk^  -«-♦  ^4'  .u-   ^:^^^^     u..,««  ^*  which  the  Court  being  ori'ended,  one  person 

1|JL?.«^  i.r^«    -.1,          K  ^'^     ^  ^J'o  ^'^  o^^^^  t>V  the  Crier  ^  be  parti- 

^pnand  John  Smith,  you  have  had  many  ^,,,^^,    concerned  in  the  shout,  was  committed 

ST?  P«>^"<^^^.«t  tbeni ;  I  shall  not  ,^  ^  ^^^  ^j,^^  „j  ,,     y^^^  ^,,;  ^^^  ^      . 

■denake  to  reiieat  the  evidence,  it  is  your  place  i.„5;«^  ««««:^.«.i  •«  „..ki:«   «o.^-^i«    ««...    a-^ 

-U«yU.wei,htheir.e^mo.;y,aidI^Hhall  SyJlSfcrr  "'*'"**    ""   "" 

ieve  It  to  your  consideration.  ^                          -* 

Joo.  Jonts.  1  shall  add  nothing  to  what  my  Then,  it  being  about   three  o'clock  in  the 

M  bath  said,  nor  indeed  can.  moniing,    the  Court  afljounied  to   ten.    At 

Co//.  My  lord,  1  wish  you  would  look  upon  wliich  hour,  the  Court  being  sat,  and  first  Mr. 

ywr  notes,  you  would  then  find  there  uas  Aaron  Smith  having  entcr^  into  a  recogni- 

■ach  more  evidence,  that  you  have  not  re-  zance  of  500/.  to  apjiear  the  first  day  of  the 

jrifcd,  against  Turhervile  and  Dugdale,  be-  next  tenn,  at  the  Court  of  King's- beuch. 

■dei  what  your  lordsliip  urged,  L.  C.  /.    ^Vherc  is  the  prisoner,   Stephca 

L  C.  J.  if  there  be,  I  refer  it  to  the  me-  Colledgc  ? 

M}'  of  the  jury,  I  can  remember  no  more.  CV.  tt/'Cr.  Set  up  Stephen  Colledge. 

6U.  I  de«r«  nothinjf  but  jurtice,  and  true  ^hen  the  Prisoner  was  brought  to  the  bar. 


LC,  J.  I  am  sure  I  design  nothing  else,  Ct.  of  Cr,  Hearken  to  tlic  ('ourt,  and  hold 

yw  ave  a  stranger  to  mc  ;  f  believe  I  have  up  thy  hand :  thou  hast  lieen  indicted  and  ar- 

MB  your  face,  but  I  never  knew  you  by  name  raigiked  of  high  treason,  and  ibr  tliy  trial  hast 

dMnr.     Look  you,  if  the  jury  be  like  to  stay,  put  tliyself  u|)on  thy  country,  and  they  have* 

i^ Bay  take  something  to  refresh  themselves  found  thee  Guilty;  wliat  iranst  thou  say  for 

Hue  bar  before  they  go.  thyself,  why  the  Court  should  not  give  judg- 

CeiL  My  lord,  1  did  see  when  the   bill  was  meiit  on  thee  to  die  according  to  the  law  ? 

ini^glit  against  my  lord  Howard,  Mr.  Atloruey  CofL  My  lord,  1  have  n«»thing  more  to  offer, 

faval  and  Mr.  Solicitor  were  an  hour  and  but  only  that  I  am  innocent  uf  what  is  laid  to 

klTwith  the  Graud-jury.  my  charge  ;  1  think  it  was  sci'crc  against  me, 

(Scrj.  Jeff',  Vou  must  say  nothing  now.  now  contrary  to  w  hut  wa.H  swoni  at  liondon  : 

CoiL  Let  roe  have  justice  done  me,  my  lonl,  they  swear  now,  I  was  to  seize  the  king  at 

An  is  all  1  cra\e,  that  nobody  may  be  with  Oxon,  in  London  they  swore  i  Mould  pluck  the 

thejonr.  king  out  of  Whiteliaft,  but  it  is  altered  since, 

L.  C.  /.    Look   you,  Mr.  Colledge,   tlicy  and  now  it  is  to  seize  the  kiiig  at  Oxon  ;  but 

■^iht  be  with  the  Grand-jury,  but  as  to  the  be  it  cither  one  or  the  utlicr  (for  the  one  is  aa 

pif  jiirv,  there  aliall  be  a  baiUff  sworn,  and  tiue  as  the  other)  I  am  wholly  innocent  of 

ino-  Mr.  Attorney,  nor  Mr.  Solicitor,  nor  eitlier,  I  never  had  such  a  thouglit  in  my  life, 

iiMj  ebe  shall  come  to  them  till  tlicy  be  God  forgive  them  thatha\o  sworn  against  me ; 

J^pBfdaf  their  rerdict.  I  have  no  more  to  say,  my  lord. 

Jan.  Joaea.  If  that  be  the  thing  you  ask,  L.  C.  J.  L(N»k  you,  Mr.  Colledge,  it  is  too 

|aa  shall  baire  it  according  to  tbe  law.  hue  to  |»t>fess  your  iimocence,  you  have  been 

Caii.  Aad  any  friend  of  mine  may  be  by.  tried,  and  ibund  Guilty  ;  but  because  you  say 

L.  C.  X  There  shall  be  an  officer  sworn  to 

bqptheiii. 


so  now,  it  is  necessary  for  me  to  say  some- 
thing in  vindication  of  the  verdicty  which  I 


Tli}    STATE  TElALSb  33  Chuiu  ^. 

Ohik  Dm  Cvii{  mn  all  ntj  wtB  (MirfM 
«ilk't  IhwB  «nn  MdBebBtpm&towinHt 
H,  MdthvJnijdid  Meardiair  l»Ja«ise  aai 
i^jlit  I  ttM^tt  wuKCMa,  tUajM 
wdB  mar  own  dtAow,  Mad  |mnf  wmU 
■m»twB  to  laaka  vnvmt 
Qoil^.    FvMyniinHiUdiA  ' 

WMito  jrior  nttpm  Md  «, _,  __ 

mtfit  AiB  gm  «B  meemm  that  thqr  Mnr 
jibMBtifetlwSMnmait  whhm  flwae  awiiy 
}■■■,  V  a&T  of  tbem  pai^odu^  had  wnea 
jm^tt€kiB(miammBjjmn,i»  what  kind  of 
noMut  yoa  mn.  If  wa  kxdc  to  ywu 
wavAi  and  aeliaBa, .  it  ii  tone,  titey  did  pnm 
ttdp,that70i|w«remigii^*ia)ait  Mdaaaboa 
lk>igQtef  aiCagnDat  popci7  and  tha  Papita; 
iM^lrii*  look  ta  ww  aetiona,  tkn  feraorad 
■rtMrtammaaUapaiMtiaodB.  Ft 
tdljWtIhe  paatM*  an  beat 


<f  ptaaaad tij  a  ataady  protacatiwtrf  ttwiaiw 
■giMttan,iMt  Wviokat  cnfag»-oitt,  and 
HMiactha  Marlentafenant  taaM  aad  oan- 
Amm,  fiir  ttat  i>  llM  lUv '^P<^"'>  ">>■■*  i 
4)17  ban  m  iMfaatn  oUmt  w^toooap 
«to  thalvf4am,  bat  %  canfiiaicNh  and  aftar 
Ik*  cbvAN  dHb^ad,  that  k  nndv  Gad  dw 
Mat  buhMik  aipiMt  dma.  But  you  Oat 
Olid  ao  land  igiinat  the  Mtpidattwaaprnd 
mm,  who  yoa  called  pauaM.  Y«a  had  tlw 
botdnaaa  to  Bay  dut  tbekiugwasapapkt,  tbe 
ImbajM  were  jN^ists,  and  the  Chnreli  of  Eng- 
land were  papists.  If  these  be  the  papists 
yon  cry  oat  againtt,  what  ■  kind  of  PralestBiit  \ 
yoo  are,  I  know  not,  1  am  siire  you  can  bv  no 
good  ane.  But  of  that  Ihbg',  when  you  caHed 
M  maay  witnewea  to  that  purpose,  and  if  we 
look  to  your  potitics,  wbal  opwion  you  hail  of 
the  kiii^,  it  was  proveij  by  your  discouree, 
that  you  coiitd  ' 


l6»l.~Tnal  of  SUpien  Colltdge.  (Tit 
needa)  n  guard  ;  for  1  believe  there  wis  nM  t 
■M  Oiat  had  any  ttiio|;  that  looked  like  Ihit, 
«r  m^  Ihiii^  of  that  nature.  For  we  nw,  Um 
whn  (he  king  by  the  nf-cesRity  tit  fail  i&iin, 
when  iha  two  houses  itiflered  so  niucb,  m 
dismisB  tbeui ;  tliey  all  dejuutnl 
I  B  man  was  seen  to  be  dictotrbal  \ 


fiS;. 


,   lo  ^  la   gaaii  ttt 


.  -leiit,  I  moeb  wnnder.     Suppo&e  all  nMi 

of  yaur  condition  should  have  gobe  to  htM 
snmed  tlieparliameDl,  what  an  uwn^;  M 
oara  been  ?  what  ■  bustle  might  the*  bm 
nadai  ami  wh&i  confusion  mighl  Iiave  biea  n 
a  andileii  ?  And  though  you  (ny  you  an  M 
nan  of  quHliti',  nor  hCcty  lobe  itUeto  dou) 
tfafay  ujion  the  king's  guard*,  or  the  hufl 
if  all  ul' yiiiir  quality  had  i>sae 
-  -      Jid,    -'   ■  "" 


design  that  vou  il 
ighlhf-   '^- ' 


Wc» 


by  Me^siandla.  a 
man  h  auuilier  coujiti>-,  what  by  WatTvi* 
aod  Jock  Straw  in  this  luigHoii).  I  confeii,  I 
know  not  wbal  you  meant  by  it.  bat  my  H 
lUoge  miglit  ImVe  happened  upoii  it. 

8a  lliat  Ihoe  ihtugs,  when  I  look  i^ 
than,  and  ciinsider  the  complexion  of  your  h- 
feaea,  it  makes  an  easy  proof  have  ci«diL  M 
Ithink  there  was  a  lull  proof  iu  your  rac; 
y«  I  say  if  there  had  been  a  ffreol  itd  ba 
proof,  thejury  tnrght  with  jinDce  hHtefiMl 
yoiiGiiillv.     And    lifi  '    ' 


*-ltii 


■  all  >  ■ 


rL.1  «A 


ception  to  their  ttstimoay,  that  you  did  juatity 
the  late  horrid  rebellion,  and  the  consequence 
of  diat  was  the  murder  of  llie  best  kinff  in  the 
worM,  that  you  should  gn  to  justify  tlie  pro- 
ceeding or  that  parlianicuE,  and  aSma  that 
Ibey  did  DOtluo)^  but  what  llicv  bad  just  muse 
to  do.     I  say,  he  that  will  juatffy  mcii  a  thinfr, 

if  there  were  the  same '  ^■ 

da  the  same  thing  ^;ain. 
IImb  ifwelookapoo  another  part  of  your 
« lo  your  arms,  it  was  objected,  you 

■Bed  to  Oxon,  and  that  was  made  the 

«or  the  Overt- 


watdayoari  _, 

jaa  would  nuke  one  to  seize  the  king  ;  that 
yandidgo  armed,  you  did  confess;  lelpeded 
JM  abaold  have  said,  you  ooly  wore  tlioee 
■inn  fct  your  own  defence  upon  the  road  as 
"'  traTellit^,   or  went  with  yow 


_,  ,  but  you         ,  ^ 
to  goard  the  pattiunent.     I  did  not  un- 
'   ~^"'  ""  '  by  K.     1  do  not  be- 


|a*»  the  paribnMot  aent  for  any  guard,  or  in- 
lIMicd  Ip  h«*o  any  cniaid.  I  do  not  beliert 
IhHij  nf  thiin  uttwhcvta  dNugbithcj 


think  n  _. 

_ation  of  iheoonntry,  andin  Tindicalioo  «f  4> 
justice  of  the  Court,  that  it  was  a  rerdictad 
gireo,  and  to  the  sati<;taction  of  the  Court,  «^ 
1  did  not  find  ray  brothers  did  diaKke  it  lla 
I  say  to  you  out  of  charity,  that  yod  mayb- 
dine  your  mind  to  a  suhniaaion  to  the  JMii* 
that  has  orerlaken  yon,  and  that  you  mtf 
enter  into  charity  witn  ail  men,  and  piepM 
yonnidf  for  anouier  life. 

Iliere  is  autbiog  now  reinaioitig,  but  te|ni 
Dounce  ihe  aeDtence  which  the  law  DtoridE*  t* 
such  an  ofiinee,  which  is  tbis,  and  the  «■! 
does  an-ard,  ■  That  you  Stephen  ColMge  M 
'  be  carried  from  ttenee  to  the  place  ft* 
'  wheoce  you  came,  and  from  thence  yen  Mi 
'  be  drawn  on  an  hurdle  lo  the  place  ofamca- 

■  tion,  where  you  shall  be  hang«d  uphytk 
'  Deck,  and  be  cut  down  alive,  your  privv  m^ 
'  beri  shall  be  cut  olF,  and  your  liowda  laka 

■  out  and  burnt  before  your  tace,  your  hni 
*  shall  be  cut  off  from  your  bodv,  yonr  body  b 
'  divided  intofourquaTter«,wluclia)elobeatlb 
'  king's  dispose,  and  the  Lord  bare  mert^  upM 
'  your  soul.* 

Cotledge.  Amen.  My  lord,  I  would  kaal 
what  lime  your  lordship  is  ptnsed  lo  appM 
for  my  evecutioa. 

L.  C.  J.  That  will  depaid  upoathe  kuf' 
pleasure,  we  do  not  >ae  in  tbeae  casci  oTUi^ 
freason  to  p(ed|Htate  the  executtan  }  but  w 
will  le>T«  such  order  widt  the  aberiff  to  ROOT 
Ac  king's  pkaaur*  and  ab^  il.    Ha  irfll  as 


7171 


STATE  TRIALS,  33  Charles  II.  l681,— /or  High  Treason.  [7i» 


(Jo  HfO  sudden,  but  that  you  shall  have  notice  | 
Id  prfpare  yourself;  but  that  dcpendii  ujion  the 
Icio^'s  pleasure,  fur  your  body  is  to  b«  at  his 

dis{i««al. 

Then  the  Coinl  ailjoumed. 

On  Wwlncsday,  Aup.  31,  1081,  bein^  the 
L)  appointeil  by'  his  majesty  for  his  execution, 
be  was  acconliug^  to  sttntcnce  executed  over- 
ig&iDSt  the  (aatc  of  the  Castle  at  Oxford. 

UTien  he  was  coioe  to  the  place  of  execution, 
AeHigh-Shcritf  spoke  to  him  as  fulKms: 

Hish'Shcriffl  Mr.  Collcdge,  it  is  desired, 
fler  the  satistriction  of  the  world,  becaust^  you 
bre  pmfessed  yourself  a  protcstant,  tijat  you 
voold  tell  wliat  judj^ent  you  arc  of. 

Ccilfdge.  Dear  i)eopIe,  dear  protestunts,  and 
leir  countrymen,  I  ha?e  been  accnse<l  and 
coflvictcd  for  treason  ;  the  laws  adjudv»t;  me  to 
lliis  dealh,  aiid  I  come  hilher  willingly  to  sub- 
nit  to  it :  1  pray  God  forgive  all  those  persons 
dot  had  any  hand  in  it.  I  do  declare  to  you 
wfaMerer  hath  been  said  of  me,  I  was  never  a 

Sl«t,  or  ever  that   way  inclined,  they  have 
eiiie  wronir;  I  ^vas  ever  a   Protejitant,  I 
VKWn  a  Protestant,  I  hnve  lived  so,  and  so 

5'lbe^cGofGod  1  will  die,  of  the  church 
El^iand,  accord! ugf  to  the  best  reibrmation  of 
ihe  church  irom  all  i«Iolatry,  from  all  supersti- 
n, or  any  thinsf  that  is  contrary  to  the  gospel 
tfior  bleC'^ed  lionl  and  Saviour. 
^  I  do  declare  I  was  never  in  any  popish  ser- 
W,  prayers,  or  demotions,  in  my  lite,  save  one 
ine ;  afiout  some  seventeen  or  eighteen  years 
Ifi,  as  near  as  I  reuiember,  I  was  out  of  a 
amity,  one  afternoon  at  8t.  James's  chapel, 
^  oueen^s  chapel  at  8t.  Jameses ;  except  that 
munie,  I  neicr  did  hear  any  popish  sen'ice,any 
i^fof  the  church  of  Rome,  mass  or  prayers, 
Ir «y  thin;;  else,  private  or  public.  I  know  you 
opect  that  I  should  say  something  as  to  what  I 
ie  for :  It  hath  been  char<^  upon  me,  when 
I  was  apprehended  and  limnght  bet<ire  the 
ttODcil,  sonic  of  the  council,  the  Secretary ,  and 

a  lord  Killingworth,  and  Mr.  Seymour,  they 
me  there  was  treason  sworn  against 
^ ;  truly,  they  surprised  me  when  they  said 
!•:  f<ir  of  all  things  in  the  world,  1  thought 
Myself  as  free  from  that  as  anv  man.  I  asked 
Ihcm  if  any  man  livini^  had  the  confidence 
b  swear  treason  against  me  ?  They  saiil 
leveral,  three  or  four,  as  1  remember :  then 
Ihfv  told  me,  it  was  sworn  against  roe,  that  1 
MAiles^  to  pull  the  king  out  of  White-hall, 
M  to  serve  him  as  his  father  was  served,  or  to 
Bat  purpose,  the  lonrer-head  his  father,  or  that 
kad  oflangnage :  I  did  deny  it  then,  and  do  now 
haj  ii  upon  my  death.  I  never  was  in  any 
ofnlol  in  my  days,  neither  one  way  nor 
;  I  never  knew  any  such  persons,  nor 
had  such  commanication  with  anv  man 
1  know  of  no  plot  in  the  world  but  the 
plot,  and  that  every  man  may  know  as 
ti  I :  Iff  had  such  a  desigii  as  tliese 
kavesnrom  against  roe,  to  have  seized  his 
r^'filbcr  ai  LondoDi  or  tliis  place  at  Ox* 


ford,  I  take  God  to  witness,  as  I  am  a  dying 
man,  and  upon  the  terms  of  my  salvation,  1 
know  nut  auy  one  man  upon  the  face  of  the 
earth  tliat  would  have  stood  by  me  ;  and  how 
likely  it  was  that  I  should  do  sucU  a  thing  my- 
self, let  the  whole  world  judge. 

Dugdulo  swears,  that  I  s|M>kc  treason  to  him, 
treasonable  words  in  the  coirec-housc,  and  in 
the  barber's  simp  by  the  Angel ;  he  c<mld  not 
pit'tciid  to  K€iC  nic  any  wbei'c  else ;  but  it  is 
ilil:iC,  and  a  very  unlikely  thing  that  I  shonld 
speak  treason  to  him.  1  must  ronfcb's  1  was  in 
his  trompany  at  the  cuirec-hou<;c  and  that  bar- 
bei''s  shop,  bcibre  1  went  out  ci't'iwn  :  but  there 
could  W  U'}  conununicition  betucen  i:s ;  for  he 
wos  writing  at  one  ( ii<l  of  the  mom,  and  eating 
a  piece  of  bread,  anrl  1  lighted  a  i)ipe  of  tobacc<i 
at  the  other  end,  and  took  it,  till  sir  Tliomas 
Player,  an<l  sir  K.bert  Clayton  came  to  me, 
and  we  went  to  my  lord  Lovelaco*s  out  of  town 
that  night ;  so  when  they  came,  we  took  horse, 
and  went  out  of  town  witli  the  rest :  for  ray 
|iart,  I  canH  sum  up  my  witnesses ;  I  was  under 
most  strange  circuinst:incc3  as  ever  any  man 
was  ;  I  was  kept  prisoner  so  close  in  the  Tower, 
that  I  could  have  no  ifmversation  with  any, 
though  I  was  certain  the  popish  Lords  had  it 
every  day  there,  hut  I  c*ould  have  none :  I  could 
not  tell  the  witnesses  that  were  to  swear  against 
me :  I  could  not  tell  what  it  was  they  swore 
against  me,  for  1  could  have  no  copy  ot  the  in- 
dictment nor  no  way  possible  to  make  any  pre- 
pamtion  to  make  my  defence  as  I  ought  to  hare 
done,  and  might  have  done  by  law. 

I  had  no  lil>erty  Uy  do  any  thing,  as  I  am  a 
dying  man.  And  as  to  what  Dngdale,  Smith, 
Tnrlxinile,  and  Ilanies,  swore  agaiiLst  me, 
they  did  su'ear  sut;h  ti'eason  that  nothing  but  a 
madman  would  ever  have  trusted  any  body 
with,  and  least  of  all  to  papists,  every  one  of 
them  that  had  been  coticeriied  with  plots  and 
tivasons  among  tluir  own  party,  and  under 
the  greatest  ties  and  obligations  of  danmation ; 
and  to  lie  sp.inted  if  they  kept  it  secret,  and  to 
be  damned  if  the v  reveal  it.  If  these  men  will . 
not  keep  things  ])rivcte  for  their  own  i^arty, 
how  could  I  trust  tbem  ?  I  tnke  Ciod  to  witness, 
and  do  frc^ely  ackii(»wl-"dge,  I  have  sought  uiv 
God  with  tears  si^veral  times  to  inform  me,  if 
so  be  I  had  uitli  any  word  transgn^sed  at  any 
time.  I  knew  not  of  any  part  of  what  theV 
swore  against  me,  till  such  time  as  I  heard  It 
sworn  against  me  at  tlie  bar. 

This  is  very  hard,  gentlemen,  but  this  is  the 
truth :  and  there  l>e  a  great  many  other  strangvt 
renorts  that  I  have  heard  since  I  have  been  a 
prisoner  ;  that  I  should  be  a  means  to  convert 
the  countess  of  Rochester,  by  bringing  one 
Thomson,  a  priest,  to  her.  Truly,  all  that  1  was 
concerned  in,  was  some  tifleen  or  sixteen  years 
a)|>-o.  1  lodged  at  colonel  Vernon's,  that  mar- 
rie<l  the  lady  Brooks,  the  family  were  papists  ; 
the  Brooks^  were  papists  ;  ann  there  was  this 
Thomson,  and  I  did  suppose  him  a  priest,  in 
the  house,  though  I  never  saw  him  at  popish 
service,  ur  worship,  though  1  was  there  half  a 
year ;  but  coming  afteniards  to  my  lord  Ro- 

8 


'7iP]      STATETRIALS,  33  ChablesU.  iGSL—TVia! of  SFt 


■cut  for  mc  »ne  ifteraooo  IVom  Ihc  parsaDiij;^ 
ki  Adderbury  to  his  house,  iai  IiIh  lady  anil 
lie  Blood  tugether :  He  sent  to  me.  and  asked 
me,  if  my  horse  were  athonie;  ftuiJ  he,  I  would 
have  you  cairr  this  letter  tu  Mr,  Thornton,  if 
you  arc  at  leisure  this  ajterneon :  Sly  tonl,  I 
■m  M  leisure  to  serve  you  ;  »n  I  look  a  letter 
from  hia  hunil,  ami  his  lady's  loo;  lU  I  rp- 
niember  (he  made  an  offer  that  way)  Bealed 
with  his  oh'H  stal,  and  I  carried  it  to  Thoiciioi], 
End  delireivd  it  to  him ;  And  be  told  me,  thai 
he  would  wait  upou  my  lord,  (or  it  was  for 
■oroe  lands  my  lord  did  offer,  to  ruse  money 
for  gome  occasion  .  This  is  the  truth  of  thftt 
KUidal. 

It  ii  laid  that  I  had  a  prirrit  several  yrars  in 
my  bouse,  viz.  Sergeant,  that  came  over  from 
Holland  to  illscover.  About  some  leu  yeai« 
>go,  thnt  vcrj'  same  nian  came  to  tne,  biit  was 
•  atnu^rr  to  me,  aud  he  came  to  me  by  the 
name  of  Dr.  Smith,  Hnli;tiieiati -,  and  there 
waa  ail  npothecoiv  in  the  Old  Bailey,  and  a 
Knen-draiier  within  Lndgate,  that  enine  with 
him,  they  brou^it  him  thither,  and  took  a 
(it) amber,  and  he  lay  about  half  a  year,  or  three 
quarters,  at  drnes,  by  the  name  nf  Dr.  Smith, 
and  usaphjsiciaD  ;  this  is  the  truth  of  that, 
and  no  otlierwise.  This  is  the  entertainment 
ufSeiseant. 

So  trie  occaxion  of  my  cnming  ti>  OsTord  I 
do  say  wat  Toluntair  ;  the  paHuuneut-men 
lift  pvtiament  at  VVcstmrnster,  and  several 
lords,  dined  n^pther  the  day  before  they  sat; 
the  last  sessions  of  parliament  at  Wcstmiuslei', 
they  sent  for  me  to  the  Sun  taTem  behind  the 
'Exchan)^,  and  when  I  came,  the  duke  of 
Monmeulh,  and  seieral  lords  were  togrrther, 
and  I  beliere  above  a  buodreil  pari  itiment- men 
«f  the  Commons ;  Tlic  duke  of  Monmouth 
called  me  to  him,  and  told  nie,  he  had  heard  a 
good  report  of  mc,  thai  I  was  an  honest  man, 
and  one  that  may  be  Iriistnt ;  and  they  did  not 
know  but  their  enemies,  the  papists,  mifflit 
havesomedesign  to  serve  them  as  they  did  in' 
king  James's  time  h^  gun-powder,  'or  any 
other  way:  And  the  duke,  with  several  Lords 
and  Commons,  did  desire  me  to  use  tnv  utmost 
dciil  inseardiin^  all  places  suspected  fiy  (hem; 
which  I  did  perform  :  And  from  thence  I  hod, 
as  1  lliiok,  the  popular  name  of  tbe  Ih'Oteslant 
Joiner,  b«oase  tbcv  had  intrusted  nie,  before 
auvnianio  Enclanil,to  do  that  office. 

This  same  Hoynes,  one  of  them  that  swore 
^ninst  me,  had  discovered  to  me  and  sereral 
others,  as  to  MacuBmarra  and  his  brother,  and 
ihiK  Ivy,  who  are  now  all  of  another  stamp, 
that  the  parliament  was  to  he  destroyrd  at 
Oxford,  Dud  that  there  was  a  desi^  to  murder 


HacnamBrri  over  to  lum,   and   sold,  the 
would  be  well  with  him  ;  aud  they  woidJ  not 
be  long  bctbre  itiey   had  SbilWibury's  life  : 
And  he  luad^  depusiiiona  of  thin  to  sirUcorge 
Trcby,  M  1  bwd  oTitnTu^t,  for  I  ms  not 


Kth  hit 


>  weU  a 


Commons  of  Eo^taud  g 
ona  heart;  aud  I  did  not  undentAf 
when  1  served  the  pnrlinment  I  served  m 
jesty  Ion  ;  aad  lelthem  bemi««rahlalll<r 
(be  diltereace  between  them,  fur  my  f| 
never  did,  I  came  to  Oxford  with  'a| 
Howai^,  whom  1  look  upon  to  be  a  y«r9 
ihy  honesl  gientleman,  niyloVd  Chre,  ti 
I'a^et,  and  uiy  loril  Hun^nglon,  and  tUf 
tain  Brown,,  and  Don  l^^nes,  were  fi 
cooipaoy,  and  came  aloni;  witb  us,  at! 
were  my  lord  Howard's  friends :  Drovm| 
known,  1  believe,  tno  or  three  inonlbfc 
Lewes  I  never  saw  before  that  d*j ;  llif| 
ihey  came  with  my  lord  Howard.     I  tiH 


thing  else  to  car 


rhMliH 


's: 


11  oil,  aud  1 
others  had,  they  were  for  our  owni 

tbe  Papists  should  maki-  any  atlemft 


wJilon.lhatwi 


we  nhould  be  ready  to  dellS 
selves ;  God  is  mi'  witness,  th'iK  ii 
irthis  be  1  plot,  this  was  I  in,  hot 
hut  never  knew  of  any  numhera,  c 
poiciledfor  mening;  liut  we  have  s 
another,  that  the  PaplsIB  had  a 
the  Fnileslants,  when  we  did  meet,  a 
man  of  a  general  eonvei«ation  ;  and  m 
should  ris~e,weivereready;  but  then  tiieyA 
bcgiu  the  attempt  HMD  lis:  Thiswasrayl 
ness,  and  Ais  is  the  business  of  everv  good 
iect  that  loves  the  laws  of  bifl  country  fl^ 
kiiij>'.  For  Eng^land  can  never  hop<>  toDeh 
under  those  hlood-lhiraty  men,  whose  rcl 
is  f4ood  aud  murder;  which  T  do  with V 
Koul,  and  did,  ever  since  I  knew  what  rd 
was,  abhor  and  detest,  rir.  the  church  of  ft 
as  ^mici'iHi  and  destructive  to  humtl 
ciehes,  and  all  government.  ' ' 

1  beseech  God  that  every  man  of  voif 
unite  tt^elberasPrntestantst^natli^t 
mon  foe.  Gentlemen,  it  is  my  aensc,  ad 
in  that  believe,  I  am  as  certainly  muidM 
the  hands  of  the  Papists,  as  sir  Eihnnql 
Godfrey  himself  was,  thou^  the  thing  I 
'Tliese  « itnesses  certainly  arc  mercl 
.  .  ,  and  t  lieseeeh  God  Almighty  tA ' 
mercy  upon  their  souls,  and  forgivethasl! 
eithrr  by  his  judztnenfs  or  mercies  IW 
them,  that  they  shed  no  more  innoeenlH 
lliere  is  not  a'  man  of  thon  that  I  koA 
that  ever  heard  inesay,  or  do,  any  bit  oft 
*on  in  my  hfe.  Thin  is  (the  firat.  rmay  a 
it  is)  biualmo^t  twentieth  Sham  -  Hot  IttS 
have  endeavonn^  to  put  uuc 
lude  thenenpie,  and  pul  off  their  own  ■*■ 
plot.  T^is  is  not  the  Gtrt,  but  I  I 
uvtrenth  or  a'Ventcenth ;  1  prmy  OH 
blood  ir.ay  he  the  k«.  I  prty  *= 
rrery  nioM's  IdOod,  and  ^  PiWSt 
land,  from  the  lianda  of  Atte  U 


bnofi 

otiM 
alioa,'4 


'31]         STATE  TRIALS,  33  Charles  II.  l68l.—/or  High  Treason. 


[; 


God  receive  rae  into  thy  blessed  presci 
by  Jesus  ChrLst  my  aloun  8aviour  and  ] 
dcemer,  in  whom  I  put  my  tru^t  alone  tor  : 
ration  :  It  in  thee,  O  C>od',  that  1  tnist  in,  t 
righteous  Judc^e  of  Ui'arou  and  Earth: 
Po|)ery,  all  |Kirdons,  ail  Popes  and  Priests, 
disiiensations  1  disown,  and  will  not  ^>  on 
the  worM  with  a  lie  in  my  mouth.  From 
sint*i?riiv  ol*  my  heart  1  <lechire  as^ain,  1 
wiuit  i  fiaTesaid  to  you  is  theverv  sennmeiit 
my  soul,  as  God  shall  have  mercy  upon  i 
and  to  the  liest  of  my  knowk*d|^. 

I  desire  tlie  prayers  of  you,  gfood  peo] 
while  1  am  here ;  and  once  more  I.  besei 
you  to  think  uiM>n  eternity,  every  one  ot^  i 
that  hear  me  tnis  day.  The  Isord  turn  y 
hearts  and  souls,  if  you  have  been  wm 
livers  ;  if  you  do  live  wicked  lives,  the  Lon 
mercy  convert  you,  anil  sliew  you  your  dangi 
for  1  as  little  thoiurht  to  come  to  tliis  as  s 
man  that  hears  me  tliis  day  ;  and  I  bless  G 
1  have  no  more  descried  it  trom  the  hand: 
men,  flian  the  child  that  sucks  at  his  motlif 
breast:  I  bless  my  Gml  for  it,  and  tlo  sa 
ha^ebcM'na  sirnu*!-  at^ainst  my  Ood,  and 


by  whom  means  f  die  this  death;  and  if  they 
ihouM  **o  on  in  this  nature,  I  hope  the  pfOiKl 
God  will  Open  e\ ery  man^s  eyes  to  see  it  be- 
hre  he  fi-eh  it.    And,  I  iKseech  y<Mi,  if  you 
have  any  love  for  your  kin;?,  your  country,  and 
the  Protestants,  unite  t<>ifether,  if  you  ari.i  l*n)- 
ictiants.     I  pray  Go«l  tlit>se  that  dt'Sfri'e  the 
■nine,  Ik  them  l»c  called  how  they  \t  ill,  CMther 
DivsenterB,  or  Church  of  Engrlanrl  men,  tliirt 
they  may  unite  tocher  like  men,  like  Chris- 
tians, against  the  common  foe,  who  will  s|iare 
neither  the  one  siile,  nor  the  other,  hut  beat  you 
me  against  another  liki^  two  pitchers ;  the  last 
Ihat  stanils,  they  will  certainly  destn)}'  if  they 
an.    Tliis  is  my  sense,  and  God  is  my  wit- 
Dfffi,  f  speak  my  (»nscicncc.     1  do  not  know, 
Mr.  Sheriff,  whether  there  be  any  thinjr  else  [ 
bare  to  say,  or  no ;  we  have  a  good  God,  and 
K  beteech  every  man  that  hears  me  this  day, 
!fir  we  live  in  a  sin  till  age,  good  people,  and 
I  bdiores  every  one  of  you,  it  cannot  l»e  long 
^~^~   all  that  look  upon  me  in  this  condition 
lie  down  in  the  dust,  and,  (iod  knows, 
come  into  an  eternal  stiite,  either  for 
or  for  judgment.)     1  bese<H^h  y(»u  in  the 
■MM  of  G<idy  lie  is  a  Go«l  of  mercy,  and  a 
Gai  tf  patience  and  long-suffering,  tliat  you 
varii  break  off  ymir  sins  by  refientam'e,  and 
Hvaa  gocNl  God,  who  must  be  your  friend  at 
bii  ar  Ase  you  are  lost  to  eternity. 

0  Lord  now  ungrateful  wretches  arc  we, 
hit  have  a  God  of  such  intinite  mercy  and 
HdMaa,  that  affords  us  our  life,  our  health, 
id  a  tiioiisand  merc*ies  every  day  ;  and  we, 
ka  Bigratcful  peopk;,  not  deserving  the  nan)e 
t  Men  or  Christians,  live  riotous  lives,  in  de- 
iMbery  and  swearing,  in  malice,  and  the 
Mri  knows  how  many  evils  ;  1  beseec^h  God 
HI  I  may  be  this  ihiy  a  means  in  the 
■iiaf  God,  to  bring  some  of  their  souls  over 
^Mm :  I  bese<H.'h  you,  remember  what  I  say ; 
lind  I  do  not  know,  I  Iiave  been  s(|  strangely 
fei ainoe  I  have  been  a  prisoner,  what  to  .say, 
■ig  bmufirfat  from  one  affliction  to  another, 
•t  my  bo^  ia  worn  out,  and  my  memory  ami 
ta  have  ftiled  mc  much  to  what  they 
I  cannot  rememlier  what  I  liave  to  say 
bat  that  the  Lonl  .lesus  Christ  would 
91  ny  country',  and  in-cserve  it  from  po|)ei^', 
i  io  mercy  bbas  his  majesty  :  GikmI  GtNl  be 
Rilul  to  him,  make  him  an  instrument  in 
^  Jtfnd  to  defend  his  Protestant  sul>jeets ;  J^nl 
■atcy  deTeml  him  from  bis  enemies.  Good 
ti  hkaa  his  people ;  Good  Lord  continue  the 

i  of  Jevus  CiiriMt,  thy  gospel,  in  it's  purity 

and  our  posterity,  as  h>ng  as  the  sun  anci  |  Tiiiotson  not  abo\  e  three  wet'ks  before  1  w 


1  was  restrained,  for  I  ne^er  Lnew  myself 
he  had  takra  me  out  of  the  workl.  Theref< 
you  that  have  your  liberties,  and  time,  a 
])recious  opportunities,  be  up  and  be  doing, : 
God  and  for  your  souls,  every  one  of  you. 
To  his  Son.  Where  is  my  dear  diild  i^ 
Sheriff.  1  made  one  request  to  you,  and  y 
gave  me  an  imfierfect  answer  :  i  ou  said  y 
uere  of  the  l»est  reformed  churcli  in  the  wor 
tlie  church  of  England  acoonling  to  the  !> 
relormation  in  the  world  :  I  desire  you,  tor  t 
saiisfaclionof  the  world,  to  declare  what  chur 
tli:it  is,  whether  Presb^  tcrian,  or  Indepeudei 
or  the  (,'hnrch  of  England,  or  uhat  ? 

ColL  Ciood  Mr.  Mherilf,  for  your  satisfa 
tion,  for  20  years  and  above  1  v»as  under  t 
i*rosbyterian  ministry,  till  his  majesty *s  rest 
ration  ;  then  1  was  conformable  to  th*c  chur 
of  Englantt  when  tluit  was  restored,  and 
continued  till  such  time  as  1  saw  persecuti 
upon  the  dissenting  |>eople,  and  very  und 
things  done  to  their  meeting  places  ;  then 
went  among  them  to  know  what  kind 
|)eoplc  those  were  :  And  1  do  take  God  to  w 
ness,  since  that  time   I   have  used  their  mei 


nigs, 
and  th 


\  iz.  the  l*i-esbyterians,  others  very  sfJdoi 
lie  Chiut^li  ol  England.     1  diil  hear  I 


mm  endure.    O  Lord,  save  all  that  call  upon 

mi   be  merciful  to  all  thy  servants,  all  thy 

mm  tint  put  their  trust  in  thee  ;  giMMl  Lonl 

Mr  tbem  from  tlie  hands  of  their  enemies ; 

lm4t  let  their  lives,  and  bodies  and  souls, 

ffMieui  in  thy  sight.    O  merciful  God. 

llaip  ta  Ihcae  most  w  icked  conspiracies  of 

■pM>»  ai^  the  nation's  enemies,  tht.'  Pa- 

Laft  ■»  more  Protestant  bloo<l  be  she<l 

I  bcacedi  thee,  O  my  God. 

tiaeiOLordbkaiBie,  O  good 


taken.  I  hininl  the  church  of  England  as  fr 
ciueiitly  as  1  heard  the  dissenters,  and  iieter  h 
any  prejudice,  God  is  iiiy  wituGS»,  a^j 
either,  but  always  dcisinsi  lieartily  thu  tb 
might  unit<f,  auA  lie  lovers  and  tnoid-  «i 
had  no  pnj  lid  ice  Hgaiiiitt  any  uas  ;  tr.:  i-i 
[  aiuafraiflitis  not  for  the  usxiiiL't  \:  •*.  ti 
there  shouhl  be  «uch  biain  mx-ussr  tn^^* 
them:  ThiU  sonie  of  il*  cuirci  :  Lu**- 
\\W\  preach  thai  1^  |in^i^«-i-— .u  .=•  "" 
than  the  papists.  QmLaiOX  i^.  •  ;k»' *' 
3  A 


n93  ifrA'amta^n^cmM^aM'Tk 

ftj,  I^Ak  ftnlj  ftMKMT  iMrtidteM 
hmoiwant  umoc.  Omb  Mir  ^afmgQti, 

iite«y  wMfiyi.BW  iri>Bwt  aw«MMMr 

'IMtlMBMMJi  aMpM  flr<Vl£«fcw:  I 
itai4M  tenn,  «r  ikoM  kM  *rpM(k 
UHH  tbenii  V  at  kHt  ftMf  Amb. 

—'  -- ^».    Dnr  4UM,  «^n— 


.^Xir  nda,  or  it  ImI  « 

dwm,   to  nin  .Am.  bate  itf  h» 
MoA  «ad  Art  ttiT«MFS*M*iV 


Met 


^woL. 


iMMIflarlttM 

ilodMiwMin 

!^d  H 'ipoB  H  ha  Iwd 


Md  I  twwcbff,  gMd  'ftmt,  vAoMcrTMi 
MudHwnUbwiMMaiimwra  (AdM, 
.tofcisiMiMiwhMMNr  I  km  oftiriari in 
' ««ri-wte4, la*  wtty  «ai'ipH*«i  nd 


To  Mr.  CiishWBJI,  Pray,  Sir,  relft 
3  Dr.  Hall  Biul  Dr.  llejiuUI,  and  A 
OT  all  their  kindn«3ses  to  inc  ;  T  d 
lir,  fnryour  kindDcsBed  ;  Tbeliord 
II.     Mr.  ShPi-ilT,  (iod  be  mth  yon: 


:fiviUktx»  till  CotlflMKtt'*  Trial,  by  Sir  J«av  Havces^  S( 
'  Genenlitt  the  Bdgn  of  Krog  Wiliiain  the  liiird. 


riiihiiilitiiii>Vwiri«lnitinnidi^|  to  Um«- 
MnM,  IbMi^ ,«««  wM.gNM  mmbliag 
MDOMgtt  dw  pntMMnti  tUt  AwMfbo  art  bim 
on  work  were  concMlcd,  and  never  like  to  be 
ducoTered  now  bewasdead;yet  ill  waBifuiet, 
and  the  coDspiratorn,  who  imolved,  though 
-FilzhamsoiMcarried  inhisdea^,  yet  the  Hot 
■huuld  eo  ou  ;  but  what  it  ahnuld  be,  or 
where  the  scene  of  it  should  belaid,  or  who 
ibe  plottris  diould    be,  tbey  were  tMt  well 

Great  B(M«e  of  wanatits  bein^  i*iued  out 
-Ibcre  was,  butat  lastall  centered  id  an  incou- 
■  tiileralile  teUow,  one  Stephen  Cdledg^,  ajoin- 


'  treaaoD.     At  first  it  was   designed  to  Uy  the 
'  scene  in2/>ndoD,  and  accordingly  a  bill  of  in- 

dictment  of .  htgli  tresEon  was  exhibited  to  tht 
-rraDdJury  (nterwif  Wilmerwas  foTeman]  a 

the  sesaioni-bouse:  ItuI  Lbe  busineaa  of  FJIz. 

btnis  was  «o  new,  and  smelt  so  rank,  that  the 
'  bill  could  oot  be  digested,  bnt  woa  spewed  oi 

with  an   Jgnorgwna  ;  fiir  which  Witmcr   hi 
'  aD^manls  (breed  to  Qy  his  oeimtry. 

Tlien  it  wasreBOJTtvlbe  to^neHbonhl  be  at 

Oxford,  and   accordingly  the  iun^'a  counael 

with  Iri^h  witiie&«8,  at  tut  Bsaizcs,  post  thilhei 

Wid  prevail  with  the  grand-jury  tofiod  thebill 

but  by  wliat  aria  is  not  kuown.  for  tie  was  pri- 
.  ralely  shut  u|i  by  lb«in  :  and  1  thouM  wonder, 

if  he,  wboire(jiienlly,iti  the  bearing  of  tliose 
-  who  undentood  better  than  binisell',  had  anu- 

canoe  enough  to  impoae  upon  the  eourta,  should 


igDoiaBtjatT'. 

IkMwnat  how  ka^  tba  ptMli 
matter  of  admitting'  MMnad  to  a- 1 
hnth  been  ;  I  am  sure  it  ih  a  rery  ir 
and  unBUffciable  one.     If  the  flruid 

doubt  in  point  of  law,  tbey  owl 
D  uie  court,  and  that  poluc 


and  (hough  it  ba  notexpRwed  ii 
that  they  should  do  light  between  ill 
aubjet-ts,  yettbatiaipipliedinlbeoM 
But  have  they  bdiavM  thonBt^vca 
were  under  an  oath  ?  Bcaidea,  all  t 
capable  of  giTiRg  advice  to  be  rdw 
great  amalter. as  life  ;  butdteman 
it  being  in  private  can  tiever  ba^ 
know,  in  FitKharria's  ease,  ibe  Kb 
were  cejolins  the  Grand-jury  in 
some  hours ;  but  I  did  unt  tbink  fill 
(ice  of  it  in  that  trial,  becauaa,  I  Ail 
grand  an<l  petty  jury  did  TcrywtU; 
acnording  to  the  best  of  ihar  oai 
which  ia  all  tbat  UodorinaanvMi 
tliey  aakcd  peniuent^iMBlMna,ttOT 
ruled  in  aonne,  not  folly  aawwHa 
nut  (bat  I  thioL  eitlicr  of  ibaai  gui 


■See  what  pneeded,  printed  at  Ae  end  of 
■Itehanis't  Cue,  jUp.  429  rf  4hi  TSteme., 


upon  tba  evidmoe  ;  hutthatvanai 
01  tbe  jury,  bat  of  the  kin^  aaA 


proper  to  take 
■Itba-fiiAbn 


STATE  TRIALS,  33  Charles  II.  1 68 1. —/or  High  Treaxm. 


1726 


came  to  be  found  Billa  Vera :  and  for 
iMHi,  one  of  the  kin^V  couiusel  boasted 
rt,  of  hM  semce  and  conniDg  manage- 
1  the  matter. 

bill  being'  found,  the'nevt  matter  m'QS  to 
le  prisoner  to  his  trial :  and  as.  lie  had 
ooour  than  what  usually  is  bestowed  on 
n  a  man  to  be  committe'.l  to  the  Tower, 
I  in  truth  it  was  to  keep  iiim  from  all 
of  defence  ;  so  tn  carry  the  matter  on, 
i  allowed  to  have,  by  order  of  the  kin^ 
tincil,  a  counsel  auJ  solicitor  to  conic  to 
md  advise  him  for  his  defence  ut  all 
;  a  favour  denic  d  to  Fitzharris,  for  his 
I  was  to  adiise  to  the  matter  of  the  plea 
but  that  favour  in  shew  was  only  to  he- 
rn, as  shall  be  shewn.  And  a  third  fa- 
e  had,  which  no  man  of  his  (|ua]ity  ever 
there  were  then  three  of  the  king's  coiin- 
Dt  from  fjondon,  and  all  the  counsel 
mklbepicketl  up  upon  the  s|>ot,  which 
hree  more,  and  no  k'ss  than  tonr  iudufes 
ierutcandtry  him  ;  but  that  was  to  make  I 
ork  of  him.  * 

:17th  of  Au«^ist,  1681,  he  came  to  his 
his  indictment,  as  to  part,  was  in  com- 
■m  for  treason,  but  particularly  tor  dc- 
yto  seize  the  kind's  person  at  Oxford, 
•ith  wonls  he  should  say,  as,  that  there 
» good  to  be  expected  fnim  the  king,  he 
d  nothing*  but  lieastliness,  ami  that  he 
roareil  torstalilish  arbitrary  power  and 
f.  To  w  hicli  beiiiif  reciuia-d  to  ]>lead,  lie 
I  a  ootiy  of  the  indictment,  a  copy  of 
ry,  to  Know  upon  what  statute  he  was  in- 
land counsel  to  advise  him  whether  he 
ny  thine  pleadable  in  bar  ;  all  which 
lenied  him.  Then  he  desire«l  he  mif^ht 
Da  papers,  wliich  were  taken  from  hun 
le  was  bmu<vht  from  the  prison,  and  l)e- 
e  came  into  court,  nt  an  house  over- 
Ithe  court:  for  so  it  seems  thekinff^s 
d  had  ordered  the  matter  that  the  gamer 
1,  and  the  messenger  Sawel,  alter  they 
m  out  of  the  prison,  slioukl  run  him  into 
Me,  and  take  awa^  all  his  {lapers,  which 
dieved  were  the  instruciions,  as  in  truth 
rere,  of  the  counsel  assifsfued  him  when 
Tower,  and  bring  the  papers  to  them  ; 
fcy  thev  wonld  not  only  disable  him  oi 
Geooe,  but  they  coukl  lie  better  instructe<l 
ipKDceed  in  away  t«»r wliich  he  had  not 
ladkunnelf  of  any  defence. 
ml  and  Hawel  did  as  the  ling's  counsel 
id  them.  Much  wrangle  there  was  whe- 
•  ilioiiM  have  his  |»a|»errt  or  not ;  all  the 
■gMcd  he  should  not  ha\e  them  till  he 
ImM  Guilty,  or  \ot  Guilly  ;  ami  afW- 
\\m  aboiild  have  the  tive.  of  Koiiie,  ond  not 
m^  bccailM  tliey  ditl  wA  ap|)ear  to  be 
■  hj  ininidf,  but  by  some  cxiunsel  or  so- 
1  Mid  an  the^  said,  none  is  allowed  in 
m%  vriflM  aaugned  by  the  court.  The 
^Ktkbt  North  said,  thev  were  not  taken 
^lyUn ;  but,  says  Colledge,  they  wen; 
f0tnf  Iw  the  keeper,  um lev  pretence  of 
J^ifajHhMliiililiii     The  court  said 


they  knew  not  what  pa|»ers  he  mcunt,  and' 
knew  notliing  of  it :  he  said,  the  indictment 
mentioned  something  of  misdemeanor,  as  well 
as  treason,  but  he  knew  not  how  tit  make  his 
exceptions  without  his  papers.   1  have  thought 
tit  to  mention  all  these  tilings,  l>ecauso  this 
trial  was  the  inlet  to  all  that  ful1owe<l,  and  gtivc' 
encouragement  to  S|nll  nobler  blood.    The  fu- 
jiistice  of  the  violence  used  to  the  prisoner, 
must  be  measured  tW»m  tlie  reasons  given  for 
it,  that  tlie  papers  were  iastrui'tions  from  coun- 
sel and  solicitors,  and  none  in  law  was  allowetl 
in  treason.    It  is  true,  no  counsel  are  allowed 
for  the  prisoner  in  a  trial  upon  an  indictment 
of  any  capital  matttir ;  but  in  an  Appeal  for 
capitHl  matters,  counsel  are  allowied  even  on 
the  trial.    The  reason  given,  that  the  indict- 
ment is  the  suit  of  the  king,  and  no  counsel  or 
witness  is  allowable  in  a  capital  matter  agakist 
the  king,  is  foolish,  as  shall  be  hereat\(?r  shown ; 
and  as  vain  is  the  reason  that  thf>  judges  are 
counsel  for  the  prisoner,  which  thoy  ought  to 
be  [2  C.-o.  Inst.  178^  :    but  I  duulA  it  will  be 
suspected,  that  in  iIils  case,  and  many  others, 
they  did  not  make  the  ber.t  of  tlieif  client's 
case ;  nay,  generally  have  betrayed  their  poor 
< Tient,  to  please,  as  they  apprehended,  tticir 
better  clk'nt,  the  king :  ror  so  they  say  the}*^ 
are  to  be  counsel  like^vise  for  the  king  in  iu« 
dictments,  that  is  to  say^  they  are  to  be  in* 
diflerent  and  upright  between  both,  so  certainly 
tliey  are  to  be  m  appeals ;  therefore  that  is  not' 
the  reason  why  no  counsel  is  allowed  the  pn-' 
soner  in  the  indictment :  but  the  tnie  reason  in 
probability  is,  that  the  prisoners  in  indictments 
are  generally  so  ^iiry  poor  that  they  c«>uld  not 
lie  at  the  charge  of  having  counsel,  and  so  non- 
usage  gave  colour  of  a  law. 

The  otlier  reason*  my  lord  Coke  gives  fur  it, 
viz.  tliat  much  of  the  truth  may  fa?  discemeii 
by  the  prisoner's  behaviour^  or  answers,  which 
would  lie  concealed  if  he  spoke  by  another,  is 
not  satistiictory ;  for  the  same  is  to  be  said  in 
an  appeal.  As  to  the  public,  it  Ls  not  material 
whether  a  man  is  prosecuted  and  punished  bv 
an  indictment,  or  an  app«d ;  and  that  appffala 
are  less  frequent  than  mdictments,  is  only  that 
the  first  is  more  chargeable  tlian  the  last ;  for 
tl*ough  wo  hear  not  of  late  of  any  ap|)eals  but 
in  murder,  yet  they  lie  in  robbery,  burglary, 
felony,  and  in  all  crimes  at  common  law  punisn- 
able  by  loss  of  life  or  member :  but  though  the 
rule  in  indictments  is,  that  no  counsel  is  al- 
lowed, yet  it  is  confined  to  the  trial.  No  law, 
common  or  statute,  nor  any  usage,  says,  a  (iri- 
soner  sliall  not  have  counsel  to  ad\ise  him  be- 
fore or  af)er  the  trial ;  and  in  murder,  uiid  all 
otlier  crimes,  it  is  always  adtiiittcil ;  and  why 
not  in  treason  f 

In  treason,  say  some,  it  is  mmiual  for  ono 
to  advise  or  solicit  for  the  prisoner ;  and  the 
king's  counsel  said,  he  had  known  one  indicted 

*  See  something  concerning  another  reason 
given  by  lord  Coke,  in  the  Note*  to  the  Ca.sc  of 
Don  Pautaleon  Sa,  vol.  6,  p.  470,  of  this  Col- 
kotioD. 


r»^     STATE  TBUUL'  MGUOWIL  l6»1>4l!Wi<  A|A««UI^ 

wl  am  dm  eaart,'it  ia  owiau  ftroiiBto 
l|i«tt|lor  or  MdMdia  tm^at  Ugk  < 


tw 


<wff1t»hAamattn-iAaeb 


4a«rMW 
^POd^MnAn  a4*iw  bba  in  mon  Md  aiaafa 
ftteOttemr:  ftr.aiT  l.if  tm  ib«id  b« 
Iliad  w  thill  JBdJBftDMrt,  nidftana  gvlty,  nn- 
liw  ywi  man  m  4nt  rf  iudg—r,  voawiB 
k«  Wwhte^  and  thn  jon  cra^^msd- 
<ni«fgB«riW«rart  aBdirTMbeMqliilM, 

^.•'irttMbtlMr,  MD^oadmrit,  bitM 
kiMII  tt  aM»  Un  I  .Dd  it  ■  nit  fit  ftr  dM 
MVto4>^tl»' 


k,  ud^I  «in  |WOTa  k  OH  hUi 
BiteH  Um,  I  kDoiTMMb 

•■^mtmimoomtt  tt  peijnji  taitnttwU 
<W-Mm  I  wiB  pfodiifiW  nee  " 
▼Miwi  era  tarlKwymmw 
afinind?  BntifldMNdddi 

MOB|>e  out  of  prison,  shewing  hira  the  woy  of 
«i)inK  it,  it  is  criiDiDil. 

In  all  caeca  comforting  a  traitnr  is  lr«asaa, 
(Co„  loHL  138]  ;  but  H  is  meant  whcra  run  do 
Ulo ]cMii  him  <nim  jiulice,  [Co.  Inst.']R3]i 
nr  ebe  feeding'  a  trulor  in  prison  in  Imuion, 
irtuclJiioiiewillafinii,[H.P.C.218].  Hntbat 
Kdnctng  geoeml  wnnltto  particular  ^ot«,  dfai* 
the  Bophistry  of  them :  nor  U  itenminal  tob« 
•  MdicilOF  in  treason,  for  whers  there  is  no  po- 
ntiFelaw,  aain  thit  caRe-lhere  is  not^  natUFkl 
itawin  numt  lake  place;  and  better  reawm 
csMMt  Jte  given  than  what  the  priwner  in  tlm 
cue  garei  irainan  be  cooped  np,  aii'l  not 
nifoed  to  go  aboat  hn  bnmess  hunseir,  and 
WkAiend  muni  be  emnloyed  lo  do  it  tor  him. 
bow  is  it  poMubfe  for  him  to  make  his  defence  ? 
1  knoic  it  is  said  hia  imiocencj  must  defi>nd 
bim ;  but  ttte  fnlly  of  that  sa,ving  Nhall  be 
■htim  in  aDolher  jilace.  Bm^  nay  ihe^,  tbe 
caiRt  shall  saaigTi  him  a  couimfI  apd  aolicitor  i 
bnt  vhen,  and  ior  whati'  only  tor  a  point  nf 

a  witneaa  which  he  could  ttot  readil*  find,  or 
oneaaion  for  a  copy  of  a  rcMrd,  for  watit  of 
which  Mr.  Comish  anflercd  ;  was  it  not  roa- 
•onablr  for  him  to  have  a  solicitor  ?  And  when 
■UI  the  court  awign  bim  a  stJtcilnr  ?■  only 
when  the  prisoner  coma  upon  his  trial,  and 
Hkn  it  b  tM  late  to  ha*e  any  nae  of  hha ;  as 
rilrdgii  WW  atraigtwd  at  tmlve,  and  tried  at 
Mo  ^Miktbe  •am*  day  ;  and  an  win  Mr. 
CWBUi*fCMt.    Butiinyotbakins'tMDaoel, 


amaflMdt  wdnninahaMNMVfcwi 
aaddariliAlytndaM[M«a«HLi4wi 


be  adviaol,  jn 
tliat  advice  muit  uol  be  redilceil  lo  wiili^. 
Then  suppose  oui!  mail's  nicnuiry  be  eovd,  aal 
can  bcur  bEI  ihe  advice  given  liim,  and  lOCidK 
man's  memorv  bad,  aod  oaimot  do  it ;  is  M 
Ihe  last  hanged  tur  hating  a  had  iiKomj, 
rather  than  for  his  iTime  i  But  though  il  mj 
he  reduced  to  wriuiig,  yvt  it  luiiM  he  tus  «•■ 
hand-iM-iting,  andiU)tanoIh«r'K;  how  nilKa- 
louB  is  the  dtstinctioD  i  SuppuMi  the  (iiiMiar 

^Ult  01 

liH-  not  bein^  able  la  educate  hitn  better. 

Which  is  somenhat  olkin  M  llif  bir  p»i«- 
ticcin  the  west,  where  man)  mcnncichu|rf 
for  having  old  Jewish  uttmes,  u  Ubailiidlt  > 
the  like,  with  a  ji'vt,  that  lb«ir  iculftAi* 
hanged  them.  Bnt  8U|i(ioseil  is  not  lawbi^ 
general  to  be  a  cuucsiJorsoUcilur,  iTilb,ctlM 
prisoner  committed  fur  higtt-treacou  ;  ;nilb 
praseeulioD  lieiiig  the  king's,  be  may  Bltta- 
privil^;e  which  the  law  of  Cowls  ikiUi  irii 
allow,  and  in  this  case  it  was  so  ikiut :  t",  ■ 
the  confusion  of  those  who  did  ihis  imurj,  hI 
of  lliuse  judi^  who  would  pot  dn  tlic  nrevor 
right,  they  have  printed  the  orders  of  tM  Ifflt 
and  counsel,  which  appointed  Mr,  Wi*  » 
jlaron  ijmtth  to  be  his  txniniel  aii<l  sulialo'.  - 
ICit  wan  lawful  ior  the  prisoner  la  hwa 
counsel,  and  to  haveailvioe  in  wi-iliog  ;  itM 
very  imtawi'ul,  Hrid  as  high  a  miKd(»iraMr> 
tbe  king's  coimsel  to  order  his  papCR  In  te 
taken  away,  nm  tliey  were  capable  of  kMf 
guilty  of ;  bntli  the  prixonci*  aud  lliu  nuMN 
atf  his  dolencelMing  under  the  protcclioa  ot'lh 
Court. 

It  is  not  an  ancient  prftctict;  tbe  seixiai;  d 
puftcr^,  though  uf  late  used  ;  it  bci(iui,  I  it- 
lieip,  u[ioii  my  lord  Colce,  whwe  ]uipi-n  "•« 
aeiMHl  and  carriud  to  the  sccTelaries  uitirir,  vpN 
the  like  prclenres  •«  nf  Ute,  ami  nhenrcninaA 
nere  gelt  of  many  bonds  and  other  HMurilM 
to  A  gmt  many  Uimisand  pnnnila  value,  wUl 
came  to  light.  It  was  aAcrwaidafnf 
ipon  some  members  of  pariiamtnt,  ad 
a  I  remember,  Totnl  illegal,  aa  undoabteAfj 
IS  ;  for  thoiii;^)  sometimes  yoa  mtiy  meet  «■ 
papem  which  may  be eridenea  agminat  dw  fd 
mner;  yet  it  is  powiUe  that  olfaor  psfera  M 
the  nrisoner's  may  be  mixed  with  his  ta  «dl 
^MM  an  acoun^on ;  nay,  whkb  ia  w"^ 
some  of  the  papera  may  Iw  withdbkwm,  i 
maybetheonlyni-^--""-'  " 
hadi'b " 


]  STATE  TRIALS,  33  Charles  IL  l68l.— /<ir  Bigh  TWomi.  (730 


ihehall  offered  sir  William  Jones's  servant 
teat  sum  ol*  money  but  to  let  him  search  his 
Iter's  study  to  find  a  paper  wliicb  would  dis- 
-er  great  matters.  A  certain  person  dis- 
using with  a  privy-connsellor  about  it,  the 
TV-counsellor  said,  it  was  not  true;  for, 
rs  lie,  if  we  had  had  a  mind  tu  have  done  it, 
nkl  we  not  send  a  raessengfer  on  pretence  of 
udiing*  for  treasonable  papers,  and  bnn^  all 
e  study  to  Whiteliall,  and  keep  what  we 
raid  of  them  ? 

But  though  that  liath  been  often  practised, 
et  this  was  the  first  time  that  ever  a  prisoner 
id  the  instructions  ibr  his  defence  taken  away 
en  him ;  and  the  manner  was  worse  than  tlie 
mj^,  it  being  done  just  as  he  was  coming  to 
is&l,  relying  u|ion  his  writing,  not  his  me- 
nry,  for  fiis  defence ;  besides  the  agony  so 
mt  an  injury  put  him  in,  when  he  had  so 
mt  a  oonceninpon  him,  as  the  trial  for  his 
fe,  tnd  he  could  not  but  know  by  all  tliat  prc- 
Hition,  that  it  was  more  than  ten  to  one 
jMUt  him  :  all  which  is  well  seen  in  his  trial, 
kre  he  so  pathetically  and  sens^ibly  pressed 
KCoort  for  justice  in  this  matter,  wfiich  they 
with  such  mean  answers,  that  all 
must  see  they  were  satisfied  of  the 

^ and  were  resolved  not  to  do  him 

^ :  they  knew  not  which  way  he  came  by 
he  pliers*  they  knew  not  but  he  rnay  be  cn- 
■mI  who  brought  them  him;  they  knew 
itUng  of  his  pa|ierfi,  they  knew  not  nhat 
ipen  he  meant ;  that  his  lordship  did  not 
kethem  away,  and  such-like  stufiT :  as  if  it 
ainoc  the  duty  of  the  ('ourt  to  relieve  the 
linoer  against  the  opprission  of  any  such 
avms  but  themselves;  else  why  did  they  not 
I:  Nnirel  and  Sawel  who  stoo<rby,  and  were 
■iged  with  taking  them,  for  the  pa^iers,  and 
lie  satisfied  themselves  of  them?  But  in 
■lb  they  knew  lietore  what  they  were.  And 
rikdcc  was  a  true  prophet,  when  finding  his 
r  so  beset,  he  sakl,  this  was  a  horrid  conspi- 
ry  to  take  hb  life :  but  it  would  not  stop 
oe,  for  it  was  against  all  the  Protestants  of 
mland.  And  the  rule  the  Coort  made  at 
H  was  as  unjust,  that  he  should  have  the  use 
'  some  of  his  papers  after  he  had  pleaded  not 
■illy, "but  not  before ;  for  suppose  there  was 
itter  in  them  which  could  not  lie  made  use 
'  afW  such  plea,  as  a  plea  to  th>?  jurisdiction 
'  die  Court,  a  panlon,  otherwise  accpiitted. 
ri  the  Kke,  could  not  be  pleaded,  or  advantage 
In  of  diem  after  not  CTuiity  plimded  ;  al- 
Migli  there  was  not  such,  yet  there  miglit 
Me  been  such  pleas  for  ought  tlie  Court  | 
mr.  How  imjtist  then  was  it  fi»r  him  to 
\mk  matt  Guilty  before  he  should  have  the 
itaf  bis  papers?  But  there  was  matter  in 
MM  frr  quashing  the  indictment ;  anil  he 
w  much  to  the  Court,  as  that  tlie  in- 
eontained  rrimes  of  different  nature, 
aU  misdemeanor,  ami  I  think  it 
—^—^  -—  to  quash  the  indictment. 
I»rii  ofi  aiatters,  two  matters  of  difierent 
be  put  into  one  action,  as  debt 
twocaphal  crioMt  of  diffcmit 


natures  cannot  be  joined  in  one  indictment,  as 
murder  and  robbery  :  and  for  tlie  same,  and 
another  reason,  treason  and  misdemeanor  can- 
not be  joined  in  one  indictment ;  for  the  jury 
may  ol»erve,  that  one  part  of  the  indictment, 
which  in  itself  is  but  misdemeanor,  as  that  he 
said,  the  king  minded  nothing  but  beastliness, 
&c.  though  diaigcd  in  the  indictment  as  trea- 
son, was  proved,  and  not  the  material  parts  of 
the  indictment,  as  designing  to  seize  the  king's 
person,  &c.  and  finding  some  part  of  the  in- 
dictment proved,  might  find  him  Guilty  ffene- 
rally,  wmch  extends  to  every  article  of  the  in- 
dictment, and  so  the  jury  ileceircd,  and  the 
prisoner  in  danger  ;  or  suppose  he  was  ac- 
quitted of  such  an  indictment,  if  it  ought  to 
nave  been  quashed,  whether  the  prisoner  shew 
the  error  or  not,  he  may  be  tried  again  upon 
another  good  indictment  fur  the  same  treason. 
If  therefore  wliat  he  oflered  was  an  error,  or 
but  like  an  error  in  the  indictment,  by  the  law 
which  favours  life,  and  the  jeopardy  on  life, 
the  Court  ought  not  to  have  tried  hun  on  that 
indictment,  but  have  directed  another  indict- 
inent  to  have  been  found.  It  is  a  vain  objec- 
tion to  have  said,  that  tliat  would  have  been 
troublesome.  Is  the  mischief  of  that  com|iara- 
bla  to  that  of  putting  a  man  twice  in  jeopardy 
of  his  life  for  the  same  thing  ?  But  it  woun 
have  been  a  delay.  I  say  none ;  for  there  was 
a  Grand-jury  in  Court,  and  within  the  two 
hours  time  tlie  Coua  afljotirned  (to  give  the 
king's  counsel  opportunity  of  viewing  the  pri- 
soner's impers  m  hich  were  taken  from  him.  and 
to  consider  of  the  method  of  his  proserirtion  by 
them,  which  they  did,  and  alterH  it  from  what 
they  at  first  designed  it)  the  king's  counsel 
might  hare  had  a  new  bill  found ;  but  fierad* 
venture  they  could  not  prevail  with  that  Grnnd- 
jury  to  have  found  a  new  bill ;  they  remem- 
bered they  had  ill  luck  with  the  first  bill  at 
liondon,  which  I  believe  was  the  tme  reason  : 
but  I  will  do  the  Court  no  infurv',  in  supposing 
that  to  be  the  cause  of  the  ndjoumment  which 
was  not ;  it  is  is  true,  in  the  firinted  trial,  it  is 
pretended  they  adjourned  in  order  to  dine ;  yet 
those  that  knew  the  adjournment  was  by  the 
direction  of  tlie  king's  counsel,  nnti  merheard 
their  whimpering  with  the  Chief  Justice  (which 
M  both  an  indecent  and  an  unjust  thine,  and  is 
neither  better  ntvr  worse  than  a  plaintiff  or  de- 
fendant's whisperin&f  a  judge  while  his  casers 
\fcfort  him  trying) ;  mid  I  know  that  the 
judges  had  breakfastetl  hut  a  little  before,  and 
liad  no  great  stomach  to  thfir  dinners,  and 
therefore  bcKere,  that  that  before  assigned,  and 
not  what  was  pretendeil,  was  the  true  cause  : 
tliey  might  better  have  init  off*  their  dinner  to 
their  sup|ier,  than  their  supper  to  their  brcak- 
faMt,  as  the^'  did,  the  trial  lasting  till  eariy  next 
morning. 

But  because  of  irrcirnlarities  of  Coort  and 
coimspl,  in  all  these  matters,  are  shifted  off 
and  excuse<l  by  two  sayings  not  understood 
generally ;  the  first  whereof  is,  that  the  Court 
is  to  act  for  the  king,  and  the  counsel  arc  for 
the  kingr,  and  no  penon  must  come  near  the 

v. 


prnonn',  lo  tlie  prrj  udice  of  tbo  kin^,  as  in 
nBbtfTu'M  ca^jc  was  ollen  said  ;  a  ivitbeHB  was  j 
poiviincjl  to  go  on  Id  an  impeninnnt  story,  of  a  ' 
tnuBoMiuii  beincen  him  and  nivlnrd  Shaftes-  I 
bnty.  in  my  lord  ItuBwJ'ai  Uial,  "f  whii-h  tho  , 
•  priMmw  <'Diii|>liuned  that  it  tra-s  ileEinieil  to  in-  ' 
ccvME  tlMt,iury  ;  oud  lhoDg;li  tbe  cbierjuslioe  j 
itrdMi-d  it  \MiU  licit  eviilence,  ytt  a  ^eat  ivIiJe  j 
athmnl  be  went  od  in  a  like  manner:  nay,  the  | 
countd  ill  nrnimias'  up  the  eridmce,  repraled 
tlMHUnemntter,  wntch  was  pcniiilted  bsonuse 
i»  mu  for  the  kii^ ;  and  yet,  when  the  carl  of 
Anvkiai  Urgan  lo  aav  what  the  lady  ChHwurtli  ' 
Midhiui,  he  was  snubbed,  and  cut  short ;  and' 
Mr.  Edward  Uoward  wag  served  the  same 
■Nen,  becanse  it  was  against  the  king  :  it  is 
fli,  tbcretbrf,  to  kaow  what  is  meant  in  law  by 
thane  wunls.  Nnboily  doubts  what  the  Cuurts 
or  kiitj^'s  rnLiii«i4  of  lati-  dnyH  luiMiit,  but  in 
Im  tncy  ore  not  mi  nii»mt:  tin  lliou^h  many 
tbitiip  an:  said  to  be  tlie  kiitg'n,  us  thn  protertor 
of  im  petijile,  and  more  CAncemiti  in  their 
wdftnlhan  any  privoti'  pc^rsniis  -,  yd  they  are 
m  in  prracrrnlion,  and  not  in  prajxiriy  or  in- 
teintt.  The  higihwayK  arc  itw  kintfS,  in  pre- 
atmriion  for  tbe  passage  of  his  suhjects ;  and 
trho«v«r  olistrHCIs  Ihem  wron;^  lbs  kins',  as 
be  is  hirrt  when  his  fiiibjpcts  lire  hart;  but  in 
pkvpcrty,  tbe  «niJ  ginicralty  heJongs  la  private 
pcrsuDt.    The  king'  is  hurt  nhm  hia  subjects 


punished  by  the  king,  to  deter  the  oflentk-rs, 
and  olheis,  from  comniiltin);  the  same  ofltnres ; 
-which  is  <<ir  the  benefit  cif  tbf  pubUr.  Bui  ok 
a  man  may  be  oppr^^gscd  by  own  forfv,  so  be 
may  be  oppressed  by  private  inunuatiunti  ami 
false  acc»HLljnnR,  and  the  king  has  eovaged  lo 
defend  his  subjaM  from  inch ;  not  that  it  is 
possible  lo  prevent  them,  hut  by  ronsvqueiicF, 
that  is,  by  punishing  sucb  n.s  sliall  be  Ibunil 
guilty  of  itrase  crimes,  whicli  heretofore  were 
puni^ied  with  the  highest  arliitnuy  puni^  • 
ments  WG  read  of.  The  noasequfncj^  is,  that  it 
uliirlhE  king  tn  pnnisb  nft'endfts,  to  acipiit  the 
<^be  scvDse^  and  lo  punish  the  false  sccusers ; 
that  is  to  Hiy,  in  all  cases  to  do  right  nciK>n]ing 
10  law  and  truth. 

Surety  queen  HHixoheih  gave  tlie  best  ex- 
planation of  thcworda.  ^S  Co.  Inst.  79.]  wbeu 
the  lord  Burleigh,  seeing  ait  Edward  Cake, 
the  then  Anoraey-tlenaral,  coming  towards 
her,  be  said.  Ma<ku>.  here  is  your  Attorney' 


t  ^ouU  be,  '  Qui  pro  UoBuna  Veritatc  se- 

For  tbe  king,  nnd  for  truth  ;  tliey  are^sv- 
fUMnmoiiB  woi^ls;  for  tbe  king  s^iinst  the 
Vda  is  ft  contradiction.  And  tbe  judges  and 
ltuiK*B  GOODsel  having  lakeu  an  oath  to  advise 
cunnini;, 


if  lliey  urge  thing*  as  evidenoc  of  Ihi-  cnnit 
whertHrt'lhe  prisoiier  is  accused,  wfaieb  hy  It* 
aie  not  evidenee,  aa  in  ibis  case,  iu  hml'}bH- 
mI's  cose,  cuhxtel  Sidney's  case,  Mr.  Uavp. 
den's,  and  Mr.  Cornish's  caae,  and  in  mn* 
more  tbey  dill,  and  as  insoiDeoI'lliemihaUk 
liemiDcr  slieim.  If  ihey  inninualv  anv  bd 
as  evidence,  which  is  not  proviid,  M  iu  fln 
lord  Ruasd's  trial,  thai  my  kwd  of  Esaex  UW 
bioiEelf;  if  they  wrest  as  evideoceiif  ihaiul, 
what  iu  sense  is  not  so,  aa  m  >wtou<i)  fUaej't 
case,  tbe  writing  hiH  bunk,  (uay,  toranv  ihiif 
uppeurod,  it  was  writ  hefuM  km;  Chanes  if 
seconii  came  to  the  rruwn)  thry  *iv  ooooal 
against  tlie  king,  being  againM  truth,  a*  udil 
against  the  prisoner. 

I  think  uu  man  will  deny  tbe  (niih  of  lla 
proposiliDQ,  That  it  is  as  ntuch  Itw  king's*- 
lerest  In  liare  an  inuocent  aocuscd  of  tnaoa. 
acquitted,  as  it  is  In  bane  a  oucenl  accuMitf 
treason,  convietnl.  If  that  be  Irue,  ihnki 
any  one  shew  lue  a  reason,  if  he  can  ;  futtbat 
ij  no  law  against  il,  why  he  may  ml  hiicit* 
same  liberty  uf  draring  his  iiui'Kvnre.  as  6» 
prosecutor  hothiifeonricting  him;  iBMilf 
free  and  private  aci*«»  of  all  piTiion*  I"  li» 

Erisoncr,  as  is  used  in  all  othra  capital  tnUaii 
fit  he  said  be  may  get  some  Uinrmifkit 
witnesses  against,  or  subum  otbetsfwh^''' 
same  mav  be  said  iu  all  otlier  matten;  i 
treason  tnat  is  not  a  like^  matter,  far; 
rally  the  prisoner  never  knows  whM  b« 
citsed  of,  and  consequently  «:anii«t  knoir  I 
accuser,  nor  how  lo  provide  a  c«uiit<>r-i^i4nM 
till  he  conirs  to  be  arraigned,  and  llicn  il  ■■  M 
late :  for  generally  he  is  presently  Iriitl  iP~ 

hisarralgr "    -  -  -i  -  -  -   -    .■-  ■i.i 

and  my  li 


.-umiplte 

ub«H 

kooirM 


IS  committed  for  tr 


able 


>□  are  so  mucb  di 


liev  ^nerslly,  »■ 


ftlt.As  kiiig^  couwel  iiw  n 


conling  to  Ihe  lale  prwiiee,  I 
brought  bee  to  face  to  ihem,  ou  th^ir  eorapv 
ment  as  all  otlier  criminals  have,  who  liwiJI 
are  com  milled  upon  an  accusation  n"^^ 
oath  in  ibeir  hearing,  azid  their  defence  h«ri 
belbre  their  luillinius  made ;  and  wbalnvaAt 
pretence  may  be,  yet  in  ejiperience,  it  u  luW^ 
tliat  moTL-  peijuncs  arc  commiUed  in  pi*»M<- 
tinni  for  liisLHnn  by  tbn  accuseni,  than  bylkt 
witnesses  lor  the  prisoner. 

One  reciSMi  is,  A  witness  in  treason  it  DmM 
ililficidlly  convicted  than  in  any  i>tb«r  niil*' 
For  treason  is  au  Jjiiiitjatuut,  il   is  htn  ui 
there,  as  CuUnlge  Was  firet  in  Lutulap.  iboti* 
Oxford  i  it  is  not  eoolm«d  to  fUot  or  tiAw.  H 
all  other  crimes  are ;  in  all  other  irintcs,  ■ 
munkr,  robbery,  or  tbe  like,  it  mutt  be  pnvfl 
to  be  « ilUia  the  county  where  bud )  il  niuat  t* 
of  the  person  named  in  ibe  indiclniciil,  wU'' 
are  evidences  of  facl.  which  in  some  iwi  f 
themselves.     And  there  was  bulouethat' 
ftrOtfqiI4aHt«ipM«ih»> 
dy  ooMietod  «C  ptqay  ■> 


N^f*ar,  wikCaUi^rti  CMi  ««*■%  1 


753] 


STATE  TRIALS,  33  Charles  II.  1 681. —/or  High  Treason, 


[734i 


to  do !  Besides  nuJice  and  rerengi^,  which  in 
prosMCUton  and  accusers  in  treason  are  gene- 
rally the  motives,  go  ihrthcr  than  monoy  or 
Idnduess,  m  hich  if  used  in  any  case,  ufl*  the 
motives  of  fiilse  witnesses  tor  the  prisoner. 


late  times,  and  the  manner  of  usage  of  the  pri- 
soners, it  is  so  very  much  like,  or  rather 
worse  than  the  practice  of  the  in<^uisition,  as  1 
liavc  read  it,  that  1  Hometimes  tiunk  it  wiw  in 
order  to  introduce  |iopery,  and  make  the  in- 


Now  as  for  the  king  and  for  the  truth  are  the  |  quisitiou,  which  is  the  most  lerrible  thing  in 
'     '    ' '  •'<-*•  '«  that  relitrion,  and  which  all  nations  dread,  seeiu 

easy  in  respect  uf  it.     I  will  therefore  recount 
some  undeniable  (;ircumstauees  of  the  late  prac- 
tice: a  man  is  by  a  messenger,  without  any 
ndictmeiit  precedent,  which  by  the  common 


lanie,  so  for  the  king  and  for  the  law  are  the  same. 
The  laws  are  the  king's,  as  he  is  to  see  the 
decution  and  preservation  of  them ;  so  for  the 
kmgagminst  the  law  is  a  contradiction. 
Tlierefore  to  try  a  prisoner  uiion  a  vicious 
us  was  done  in 


t.^ 


indictnicnt,  us  was  (lone  in  Colleilge's  and  i  l:iw  ou^ht  to  urecede,  or  any  accuser  or  accu- 
eoknel  ^(idney's  cases,  is  against  the  king  us  it  :  sation  tliat  he  knows  of,  clapt  up  in  close  prison, 
k  against  the  law,  for  bv  that  means  he  is  in  j  and  neither  friend  or  relation  must  come  to  him, 
teiger  to  be  hanged  if  convicted;  or  trieil  |  heniusthaveneither  pen,  ink  or  paper,  or  know 
twice,  if  acquitted  ;  which  is  against  law.  of  what,  or  by  whom  he  is  accused  ;  he  most 

It  is  no  salvo  of  the  matter  what  the  judges  divine  all,  and  pnivide  himself  a  counter-evi* 
■ad  in  Colledge's  case,  that  the  evidence  of  dence,  without  knowing  what  the  evidence 
■iriemeanor  is  no  evidence  uf  treason  ;  for  the    is  against  him.     If  any  person  advise  or  solicit 


.-T."* 


^-f 


4 


may  be  said  in  an  indictment  of  miirder 
and  robbery ;  nor  tliat  the  judges  would  take 
tM  to  infonu  the  jury  which  was  evidence  of 
-tnuoD,  which  of  misdemeanrn*,  which  they 
framised  to  do,  but   were    not   as    good  as 
Ihrir  words,  as  shall  be  shewn ;  for  the  court 
■iy  forget  so  to  do,  and  the  jury  may  forget 
*ut  the  court  said  to  them  ot  tliat  matter. 
Bot notwithstanding  all  this,  if  the  prison^ 
*A  .     ^imooent,  there  could  be  no  harm  done  to 
% .  v\     ^i^  for  his  innocence  would  defend  him : 
^Ui  WIS  a  savins,  and  as  mortal  it  was  to 
ndttms,  to  Colledg^,  to  colonel  Sidney,  to 
■tf*  Cornish,  and  several  others,  as  wiutlie 
■Jj*  8  amongst  the  Greeks.    It  is  tnie,  my 
MCoke  usra  the  ex|)ression,  but  in  another 
y^  than  that  of  late  practised.     I  would  fain 
*U»  what  they  meant  by  the  expression ;  Is  it, 
jy'w  man  win  or  ever  did  swear  falsly  against  a 
IjWtter  in  treason.    If  that  be  true,  now  came 
y  y  c  persons  to  be  bo  violent  againstOates  for 
2"^  ^  Bwore  against  Ireland  ?  or  do  they 
'  ^Jf*»  that,  let  an  accuser  swear  never  so  vio- 
%^  And  circumstantially  against  a  prisoner, 
S^^[^  ^^    ^  innocent  it  mil  do  him  no  harm  ? 
*^<^*    be  true,  I  would  fain  know  how  the 
cAttQ  escape ;  is  it  that  his  innocence 
i^r  in  his  forehead,  or  an  angel  come 
«ii  and  disprove  the  accuser?  Neither 
w«*  have  obser%'ed,  tliough  all  have 
I^  believe,  that  some  persons  hare 
innocently  executed.    Or  shall  the 
<letccted  by  the  bare  questions  of 
?  That  I  tnuik  will  not  be  neither ; 
'to  instance  in  the  only  iierBon 
late  escaped  in  a  trial  ot  treason, 
'^^ftkB  a  design  aj^aSnst  his  life,  which 
d   Delamere,  if  be  had  not  had 
have  proved  the  persons  mentioned 
^vith  him  at  Ine  place  and  time 
•  him  to  be  in  other  places,  it  was 
^^^  ^*iul  served  his  tnni,  but  he  would 
'-•  ^     same  fate  with  my  lord  Bran- 
^     am  apt  to  think,  nad  he  been 
•^y^^TV  ot  commoners  packed,  as, 
tney  usually  v^ere,  ne  had  not 

when  I  OTiinderlfae  praetioe  of 


for  him,  unless  assigned  hy  the  conrtlyy  which 
he  is  tried,  they  are  punisnable :  he  is  tried  as 
soon  as  he  comes  into  the  court,  and  therefore 
of  a  solicitor  there  is  no  occasion  or  use ;  if  the 
prisoner  desires  counsel  upon  a  point  of  law,  as 
was  done  in  my  lonl  liussel's  trial,  the  counsel 
named  must  be  reafly  to  argue  presently,  vaA 
tlie  court  deliver  their  judgment  presently  with* 
out  any  consideration.     The  prisoner  indeed 
hath  lilierty  to  except  to  thirty -live  of  the  iury 
peremptonly,  anil  as  many  more  as  he  hatb 
cause  to  except  to,  but  he  must  not  know  be- 
forehand who  the  jury  are ;  but  the  kmg's 
counsel  must  have  a  copy  of  them ;  he  must 
hear  all  the  witnesses  produced  to  prove  him 
guilty  together,  without  answering  each  as  he 
comes,  for  that  is  breaking  in  upon  the  kii^s 
evidence,  as  it  is  called ;  though  it  hold  many 
hours,  as  it  happened  in  most  of  the  Aals :  he 
must  not  have  any  person  to  mind  him  what 
hath  been  sworn  against  hihi,  and  foi^[Otten  by 
him  to  answer;  tor  if   that    were    alUowed 
the  prisoner  perhaps  may  escaj[ic  hanging,  aifll 
that  is  against  the  king :  \liere  is  a  proclamatioif 
to  call  in  all  persons  ^o  swear  against  him,  none 
is  permitted  to  swear  for  him  ;  all  the  imper- 
tinent evidence  tliat  can  be  giwn  is  permitted 
against  him,  none  for  him ;   as  many  counsel 
as  can  be  hired  are  allowed  to  be  against  him, 
none  for  liini.     liCt  any  person  consider  truly 
these  circumstances,  and  it  is  a  wonder  how 
any  person  escapes :  it  is  dovmrijdit  tying  a 
man's  hands  behind  him,  and  baiting  him  to 
death,  as  in  truth  was  practised  in  all  ^ese 
cases.    The  trial  of  Ordeal,  of  walking  be- 
tween hot  iron  bars  blindfold,  which  was  abo- 
lished for  the  unreasonableness  of  it,  though  it 
had  its  saying  for  it  too,  that  God  woukflead 
the  blind  so  as  not  to  be  burnt  if  he  were*in- 
nocent,  was  a  much  more  advantageous  trial 
for  tlie  suspected  than  what  of  late  was  prac- 
tised, where  it  was  ten  to  one  that  the  accused 
did  not  escape.    If  any  of  these  things  have 
been  le^ly  practised,  I  have  notliing  to  say 
against  it,  but  I  have  never  read  any  thuig  of 
common  or  statute  kw  for  it.    And  l  can  with 
better  assurance  say,  than  any  person  wlio  hatli 
practised  these  things,  that  no  la^  h\  likKJbscA 

5 


>33]     STAISIbULIL  ssChuuiII.  l6tl^JWiHfir»iWflB^i 


There  j^BO^MIm*  hn 
'  vbkii  beb^  m*0y  grail  budiUp  i^wAt 
pri*Mi«r,  givca  suiue  tolour  <il'  iiipipn  athw 
.  nmIshi|ffiii[Hiu  liiui,  10  wii,  tliatkifitkMMc>B- 
not  be  euiiiiDcd  I'nr  the  |»n»uR«r  «n,  hii  m4i 
JD&trial  uuouaninilictnic'ntot'a  ~ 
b  i«  not  because  tlie  matter  L  . 
then  no  nitiifwes  ouelu  to  Im 
BlMti  oalli  liiT  iLe  aii[K'Uee  in  ft 
ter ;  npitWr  it  it  bccajse  it  ii 
kiug,  for  liiea  wi  wiuvsi  ought  to  W 
on  onth  tor  the  iler«nilsnt  in  a  UmI  ^n  u  b- 

'  iltctnieiil  tif  UDV  criminal  Diatttr;  jrM  in  in- 
dicliuonU  ol'  nil  criminal  nmlleiB,  BOtcifili],  it 
b  permilteil  to  the  prisoii«r. 

To  xaj*  truth.  Deter  any  rettsaBWMyctgirca 
ibr  it,  or  1  tliiak  cau  be,  it'yuu  Wmvb  mj  lord 

,  Coke,  3d  luslu.  fo).  70.  of  whiek  opiqiM  nr 
lord  Hale  i(,  in  hi«  Pkas  of  lite  Craini*,  that 
that  practu«  is  uot  h  afrenl«(l  by  Uj  «t W  parr 
Jiameut,  book-oase,  or  anticnl  itetti,  ud  that 
there  is  not  «u  much  sa  Kiniitlaiwfu  ftrit.*. 
for  he  tays,  when  the  faiih  il  JmU.  tnlh 
cantiot  appear  ifiihout  witn«»ea.  iafivi^lt 
u  jiretendetl,  that  it  is  sireariny  anioat  tka 
long,  and  tberelbrc  it  is  not  aOnPHof  t.  it Jl 
a  c^iag  niBDB,  whidi,  pot  into  aeMibla  Snf  • 
MtjataawiBteaJiaowdtoawK.  A»da«ilight 
iatUraMM,  Aat  bbaiM  a  natter  gf.acTfik 
amointntaa  a  maa'am^dia  priaqorrw9M 
tbamonnalMrtandaagar,  and  the  wtoenei 
may  be  more  prevailed  upOD  to  swear  falfely, 
more  than  tbey  vould  be  in  a  matter  oi'  lesa 
moment:  tbe  weeltnen  of  that  raasoD  bath 
been  in  part,  and  shall  bt  further  s)ie\iii.  I 
think  nine  will  deny,  but  the  end  of  trials  ia 
any  matters  capita^  criminal,  or  dvil,  is  the 
discovery  of  truth :  nut  it  is  as  necessary  Ibr 
the  ptisoDer  to  have  witnesBes  to  prove  bin  iu- 


le  jptisoner  to  have  witnesBes  to  prove 
aocrace,  aa  it  ia  Ibr  the  king  to  have  itil 
to  eouiict  him  of  the  crime :  which  propuiiilion 
h  agreed  by  the  practice,  it  being  aln-ays  per- 
mitted, tliat  the  prisoner  shall  produce  what 
tvilnesses  he  can,  but  lliey  are  not  to  be  upon 
oath.  Inthelaslplnte.aiucetruthcannotappear, 
but  by  tbe  confession  uf  tbe  party,  or  testimony 
of  witiKsscs  of  both  sides,  it  is  necessary  to  put 
all  the  engagement  as  well  on  the  vritnesaes  of 
partof  the  prisoner,  as  of  part  of  the  king,  to 
■ay  the  trutl),  the  whole  truth,  and  nothing  but 
tbe  truth,  as  the  nature  of  the  matter  will  bear ; 
and  as  yet  do  better  means  has  been  found 
out  than  an  oath  ;  which  if  denied  to  the  pri- 
soner's witoGsaes,  either  he  is  allowed  too  great 
an  atlvantage  to  acquit  hiinsdf,  or  he  u  not  al- 
lowed enough. 

If  all  that  his  witnesses  say  without  oatb, 
shall  have  equal  credit,  as  if  tbey  swore  it, 
then  he  batb  too  mucli  advantage  ;  tor  men 
mav  be  found  nbo  will  say  fabiely,  what  tbey 
will  not  swear,  as  is  plain  enough.  How  often 
j^otbadefeDdaiit  say  in  a  plea  at  Uw,lbata 

'Tit.ETidanoe,p.SM.  Sac  QiA  I*.  C.  ftd' 


deed  is  not  his.  nhidi  yet 
Chaneerj',  he  will  cnntess  to  b«  . 
his  witncsBea  shall  not  ha«e  ci«dil  ba« 
sworn,  to  what  purpose  then  is  its 
him  ,U  produce  them  ?  If  they  ab 
credit,  but  not  so  mucha»  it' Hwoni,  |i 
much  credit  shall  be  given  1  Is  ti  tv 
or  ten  witneKsea  without  oath  lihnll  be 
leut  tu  one  upon  ooth  t  And  b«<udei>,  tl 
tiun  nfver  was  nor  can  beBn»wcnnl,  wb 
sball  begiven  tbcin  ?  There  is  an  nun 
dina  JvoDtsge  put  on  ib«j>riiiviicr.that  i 
produced  on  his  |i«it,of  v^tial  kk^H 
wiint^  against  liim,  shall  not  faavc  eui: 
giie[i  him,  becauBtr  be  is  not  on  hi 
ivhereaii  he  is  readj'  (udelirrr  thesait 
on  his  oath,  if  the  court  would  ailmini 
him  :  And  yet  tint  ditfurcDCe  was  I 
Filzbarris'ii  case,  as  to  the  credibility 
rani  aud  Oates,  the  tm,\  being  upon  I 
tbeliul  nut. 

IdaaotoArtUiai  any  h^bbBmi 
late  pniCMdiiiga,  hat  as  ataaagBwhj 
mital  afOMadiap  oa|ht  aot  to  bi 

laerii 


tal  afoeaadiap 


9«  ta  iftam  to  Oa  toiri  >f  Cdain 
aneaa  h.Aa  aflmuM,  whaa  tkg  J 
'  '  Iba  kBs'a  alliijaiii  oogl 
I  «9t  «r  tb  banw  af  eai 
vaaom  ndia.  Eat  tlM 

._.  .  , ..  rwaa  it  material:  fhr  th 
contuel  haviiw  the  prtsoper's  writings 
tbem obscrveabow  he  intended  to  m 
witnesses  against  him  contnulict  tbei 
they  did  not  produise  such  witmauui 
not  instructed  to  concur  in  tbe  eridenc 
same  matter,  but  produced  only  such 
inslrucled  to  gire  evideooe  of  instinct  i 
And  therefore  Dugdale  was  tirst  pr 
who  gave  evidence  of  vilifying  words  i 
the  king  at  several  times,  at  Oxti>nl  ai 
don,  by  the  prisoner,  to  himacif  alon 
be  shewed  the  witness  several  scandaloi 
and  pictures,  and  said  be  was  tbe  ai 
them  ;  and  that  h^  bad  a  silk  armour, 
of  burse  pistols,  a  pocket  piati^  a  swod 
be  said,  be  had  several  stout  men  to  s 
liim,  and  that  be  would  make  use  of  tl 
the  defence  of  the  proteslant  relwion ; 
The  kuig'sparty  wasbutabaudtul  to  hi 
Stevens  swore  the  Hnding  of  tbe  otigim 
Rarcc-Sbaw  in  the  prisoner's  cbambna. 
Smith  swore  bis  spndung  acandakinaa 
the  king,  and  of  bis  havi^  bis  annoa 
lliat  when  be  shewed  it  the  witneaa,  '. 
These   are  diings  that  wiU  destnj  Ihi 

rrds  of  Rowley  ;  that  he  said,  Hea 
king  would  seiite  some  of  tbe  aiiis 
parliament  at  Oxford;  which,  ifiM 
wotUd  be  one  should  seize  tbe  Idar  I 
laid,  Fitsgerald,  atOxoo,  had  mam\ 
bleed;  but  before  kKw.  ha  bapadtqMaj 
deal  more  Uood  abed  nit  tbe  caOM  i  T" 
nay,  if  Roi^y  bimsctf,  came  I 
eity.hainiMlw  timimtkttU 


nr]         STATE  TRIALS>  33  Charles  II.  168 1  .^far  High  Treason. 


[738 


sfFore  he  said,  Unless  the  lang  would  let  the 
prinment  sit  at  Oxon,  they  would  seize  him, 
Md  bring  bim  to  the  block;  and  that  he  said, 
the  city  had  1,500  barrels  of  powder,  and 
100,000  men  ready  at  an  hour's  wBminjBf. 
IMerrile  swore,  he  said  at  Oxford,  that  lie 
wiriied  the  king  would  begin  ;  if  he  did  not, 
thnr  would  begin  with  him,  and  seize  him ; 
ttd  said,  be  come  to  Oxford  for  that  purpos?. 

Ifr.  Masters  swore,  that  in  discoiii-si'  l)c- 
tnea  him  and  the  prisoner,  he  justified  the 
pmeediDgs  of  the  parliament  in  1640,  at  which 
Oe  witness  wondered ;  and  said,  How  could  he 
jaitify thatpariiainent  that  raised  the  rebellion, 
mieaX  off  the  kinflr'^  ^^^"^  ^  I'o  which  the 
imer  replied,  Tliat  that  parliament  had 
dne  Dodiing  but  what  they  haa  just  cause  for, 
ari  that  the  parliament  which  sat  last  at  West- 
■Mter  wasof  the  same  opinion  ;  that  be  called 
Ae  moDer  Colonel  in  mockery  ;  who  replied, 
MoKnot,  I  may  be  one  in  a  Uttletime. 
_  fr  William  Jennings  swore  as  tothefight- 
Wf  with  Fhzgerald,  and  the  words  about  his 
Mttdbg. 

For  the  Prisoner. 

Hidmian  said  he  heard  Haynes  swear, 
M  damn  htm,  he  cared  not  what  he  swore, 
w  whom  be  swore  against,  for  ii  was 
kii  tnde  to  get  money  by  swearing.  Mrs. 
€iicr  said,  llaynes  writ  a  letter  in  her 
Mcr^s  name  unknown  to  her  father.  Mrs. 
Hyt  sud,  she  heard  Uayhes  own  that 
iBwas  employed  to  put  a  plot  on  the  d:s- 
■Majr-protestants.  Mrs.  Richards  said,  she 
^M  hnn  say  the  same  thing.  Whaley  said, 
jWMi  tlolea  silver  tankard  from  him.  Lun 
^  Haynes  said  the  parliament  were  a  com- 

aof  roffues  for  not  citing  the  king  money, 
kfroukl  help  the  uog  to  money  enough 
tttif  the  fiLnatKB  estates.  Oates  said,  Tur- 
kBvflesaid,  a  little  before  the  witnewcs  were 
■VilB  at  the  Old  Bailey,  that  he  was  not  a 
vtheiB against  the  prisoner,  nor  could  give  any 
^vifawe  against  him  ;  and  afler  he  caine  from 
Qlfvd,  he  said,  he  had  been  sworn  before  the 
Qtiad-Juiy  against  the  prisoner,  and  said,  the 
Muuul  citizens  had  deserted  him,  and  God 
■Mb  him,  he  would  not  starve.    That  John 


God  damn  him,  he  would  have 
OoMge's  bkiod.  That  he  heard  Dngdale  say, 
Ifciihe  knen*  nothing  against  any  protectant  m 
Sa^|laiMl ;  and  being  taxed  that  lie  had  gone 
afmst  his  conscience  in  his  evidence,  he  said 
it  was  long  of  Colonel  Warcnp,  for  he  could 
Ml  BO  mooey  else :  that  he  had  given  out  that 
fee  bad  been  poisoned,  whereas  in  truth  it  was  a 
slap.  Blake  said,  timt  Smith  told  him  Haynes's 
iacovcry  was  a  sham  plot,  a  meal -tub  pint. 

Bobtm  said  Smith  would  have  had  liim  given 
vMenoe  against  sir  John  Brooks,  that  sir  John 
hanM  say  there  would  be  cutting  of  throats  at 
Mbrd,  and  that  the  parliament -men  went  pro- 
ided  with  fbur,  five,  mx,  or  ten  men  a  piece ; 
nd  that  there  was  a  consult  at  Grantham, 
rherein  it  was  resohred,  that  it  was  bettrr  to 
*iae  the  king  than  let  him  go,  ubereiis  he  knew 

rot*  Till. 


of  no  such  thing:  that  he  would  have  Bolron 
to  be  a  witness  against  Colledge,  and  told  him 
what  be  should  say,  lest  they  should  di^igrce 
in  their  evidence;  that  he  heard  Haynes  say, 
he  knew  nothing  of  a  popish  or  presbyterian 
plot ;  but  if  he  were  to  oe  an  rndence,  he 
cared  not  what  he  swore,  but  would  swear  any 
thing  to  ^  money.  Mowbruy  said,  Smith 
tempted  him  to  be  a  witness  against  CoUe^^, 
and  was  inquisitive  to  know  what  discourse 
passed  betwixt  him  and  my  lord  Fairfax,  sir 
John  Hewly,  and  Mr.  Stem,  on  the  road  ;  and 
said,  that  if  the  parliament  would  not  give  the 
king  money,  and  stood  on  the  Inll  of  excluskm, 
that  was  pretence  enough  to  swear  a  design  to 
seize  the kin^  at  Oxford. 

Everardsaid,  Smith  told  him  he  knew  of  no 
Presbyterian  or  Protestant  plot,  ami  said,  justk;e 
Warcup  would  have  persuaded  him  to  swear 
against  some  Lords  a  Presbyterian  plot,  but  he 
knew  of  none ;  He  said  Haynes  told  hnn  it 
was  necessity,  and  hard  pay  drove  him  to  speak 
any  thing  against  the  protestants ;  and  being 
questioned  how  his  testimony  agreed  with  what 
he  formerly  said,  answered,  he  would  not  say 
much  to  excuse  himself ;  his  wife  was  reduced 
to  that  necessity,  that  she  begged  at  Rouse's 
door,  and  mere  necessity  drove  him  to  it,  and 
self-preservation,  for  he  was  brought  in  guilty 
when  he  was  token  up,  and  was  obliged  to  do 
something  to  save  his  life,  and  that  it  was  a 
judgment  u(>on  the  king  or  people ;  the  Irish- 
men's swearing  against  them  was  justly  fallen 
on  them,  for  outing  the  Irish  of  their  estates. 

Pbrkhurst  and  Symons  said,  they  had  seen 
at  Colled^'s  house  his  arms,  about  the  latter 
end  of  November.  Yates  said,  Dugdale  he- 
spoke  a  pistol  of  him  for  Cf)lledge,  which  he 
promised  to  c^ve  Colleds^c.  And  upon  discourse 
some  time  oner  the  Oxford  parliament,  Yates 
said,  CoUedge  was  a  very  honest  man,  and 
stood  up  for  the  ^ood  of  tlie  king  and  govern- 
ment Yes,  said  Dugdale,  I  |jelie\-e  he  does, 
and  I  know  nothine  to  the  contrary.  Deacon 
anil  Whitaker  said  Uiey  knew  CoUeJge  was  bred 
a  protestant,  and  went  to  church,  and  never  to  a 
conventicle  that  they  kne^v  of,  and  tliouglithim 
an  honest  man.  Neal,  Rimhigton,  Janner, 
and  Norris,  to  the  same  purjiose  ;  nud  N orris, 
that  Smith  (in  company  where  was  discourse  of 
the  pariiament-men's  being  agrcHHl  to  go  to  Ox- 
forc^,  said  he  honed  thoy  Vould  be  w  ell  pro- 
vided to  go,  if  tney  did  1^0.  Kl.  Hunt  said  a 
porter,  in  her  inasti'r^s  absence,  brought  the 
prints  taken  in  Collcdge's  house  i-ight  weeks 
before ;  and  said,  Dii^alif  told  her,  alter  hei* 
master  was  in  iirison,  lie  did  not  believe  Colledg^ 
hadany  more  hand  in  any  conspiracy  against 
his  majrnty  than  the  chiltl  unborn  :  and  he  had 
as  Ifcve  have  given  a!i  hundred  pounds  he  had 
never  spoke  vliat  he  had ;  and  that  he  had  no- 
thing to  sav  against  her  master,  which  would 
touch  his  life. 

Having  summed  up  all  the  matcriiil  part  of 
the  evidence  in  order  it  was  given,  for  or  against 
the  prisoner  ;  let  us  see  whether,  upon  the 
whole,  an  houest  understanding  jury  could, 

3B 


-  irtioci 


<i|liM  iiiinnrJMliia«<htlw*«*U||i"% 
'MtaMtTMitinnd*  tMit  tn «■  MMtr  ^ 

iM«IM,'«t-*bMI  teilMBIMMMbl 

lifaMd,  iMi^  Mv  dN  M«  A^Mrilf 
OMria^'MK.  _._, 

MliMM*  tetWMd  ■  dwlrii^  bttCMMtfA 

itM«r^nl|liffacn>Uki'Mh«MrMB  tat 
Matt  ^BlMftwtaty,  H  dMil  tarfwin; 

)ilM,.ua  oeMfdid  BHnluni  riiWr ;  «Ut 
-Wlir-WduTMtioMllHTnMitbaa&rmidi 

*     eoidl  bdiMo  107  MM  or  thoM  fov 

I,  DiMidile,  Hsnw,  iHiriNCTiK  aod 

'RiMLiritMehrno  atiwrMmiteB  Iba 
lllwtrtWtyofthe  lkii«;  ftr.(M  OoMm 

mWMlMLi  wkfaptpMi,  wtatadbnte  tMr 
-MAr«ilk  tiMir  ffwm  put;,  wlwflsaU  k;  frat- 

«wab|et»doF  Thttk^aPiMeilMitialMM 
Mi^Mple  wbo  had  baea  eiNlojad  tocM  no- 
.IMjmli'  Analif  AndnaiaM  of  tftem  •*«■ 
Saemtni  any  of  the  Ihin^  the;  nvore,  till 
after  the  Oxfurd  parliam«ai,  thouf(h  tnoR  of 
tbem  were  pretendeU  10  be  Bpolceti  and  tran- 
■acted  before. 

.  Whacoidd  belierc  Dogdole  in  any  of  his 
aridenee  against  the  prisoner,  trheuOittes  les- 
tifledmaiiwt  him,  that  be  aaiil  be  knew  no- 
thing agafaist  any  Protestants  in  Ensiand  ? 
And  Bcin^  taxfd  by  Oates,  that  he  had  gone 
anintthis  oonscienceinhis  evirience  against 
CoOedge  to  the  fp-und  jurv  at  London,  he  said, 
It  was  luDg  of  colond  W arcnp,  for  he  could 
1^  no  money  else  ;  which  is  a  plain  confes- 
i^on  be  bail  sworn  wrone,  and  of  tbe  cause  foi 
which  he  did  it,  and  tS  the  person  who  in- 
duced him  lodo  it.  That  he  hail  giren  out 
that  lie  was  poisuned,  whereas  his  disease  t  ~ 
a  dap :  which  was  an  ill  thins  in  him,  as  it  i 
plied  a  cbar^  of  poisonmg  liim  on  other  ji 
sons.  And  when  Elizabeth  Hunt  testified 
against  him,  tliat  he  said,  after  Colledge  was  in 
prison,  tliathcdidnot  beliereC'rili^s^had  any 
ninre  hanri  in  any  conspiracy  against  the  king 
than  the  child  unborn ;  and  that  hehad  a*  here 
havegiienan  hundred  ptninds  he  had  nerer 
spoken  whnt  he  had ;  and  that  he  had  nothing 
to  fay  against  Colledge  which  could  touch  hu 
lil'ir :  And  when  Yutes  testitied  i^aiost  him, 
that  when  Yules  said  CoUedge  was  an  honest 
■nan,  and  stood  up  for  the  good  of  the  king  and 
govemroetit ;  Ye*,  said  Dngdale,  I  beUere  he 
ooea,  and  1  know  nothing  tu  the  contrary. 
'  Who  could  bcliere  Hayaea  b  any  port  of  bw 
'fridHico  agMHit  the  pruonta-,  wbut  Hra.  Hall 


16S 1  .-TWo^  oy  sNpnHH^  tf^ 

and  Mis-  Kicbards  said,  he  owiwd  he  wum 
jdoyed  la  put  a  plot  uiion  tbe  dissenting  fr 
tCBlantaf  tVhenVVhaley  trstilied  agaiaitbi 
i,wa<i  o  thief,  and  hod  stde  Whale; 

!?  When  l.unlestiliedthat  HaywaiB 

ibejpariiaineot  wore  acompanvof  rt^ues  fbro 
nnag  tbe  kint;  iniwey ;  but  tte  would  help  ll 
Uog  to  money  enough  out  of  the  fiuati 
eatatea?  When  Hiebinan  iMitified  against  luml 
beardbtmmy.Uoddacnuhjin.hecarednoiwh 
be  swore,  noi' aguinst  whom  he  swore,  (or  it  v 
UatlSde  10  get  money  by  swearing?  Wbi 
Hn.  Oliver  said,  that  iie  had  writ  a  letter 
MT&ther's  name,  without  her  father'*  knm 
jCf  When  bolrnii  Icslitied  agwnst  hii 
diat  he  said  he  hnew  uothing  of  a  Huptaboi 
Preabyleiian  Plot,  but  if  he  went  iw  bt  aa  « 

' ,  be  cam)  not  wliat  he  swora,  bat  WM 

any thin^togetmuuey!'  WhenETcn 
id  again'ii  hint,  ihal  be  said.  Neoeid 
and  hard  pay  dinre  him  to  say  any  thing  ^^ 
the  Protestunit ;  and  being  taxed  that  hn  ei 
deuce  against  Colledgc  agrenl  not  with  whati 
hadfbnnerlysaidibesnid  he  could  ooiescBSii 
but  hiapoveily  and  seU-prescTTalion  dmre  U 
'  Which  was  a  ptain  confenion  of  lb«  ti 
of  bis  efidence,  and  of  the  rcaauD  of  il 
and  added,  it  was  a  iudguient  upon  the  Idi 
.'fople,  the  Irishmen's  swearing  >|^ 
ihem,  for  outing  the  Irish  of  their  otUB 
which  can  have  no  oiber  seiise,  than  the  M 
ng themsiiUes against  iheEi; 
lish  was  ajkulgment,  ^c. 
How  conld  Turberrile  be  beUend  in  afer  !■ 
whnOit 


stCoM 


of  his  evidence  against  CoUedge,  wbdttt 

testified  a^rainst  him,  that  be  said,  a  Ul|s  h 

fore  the  witnesses  were  swan 

at  tlie  OM-Bailey,  that  he 

against  him,  nor    could    give    any  cridM 

gainst  hiiu;  and  vet  afierwarda,  at  OSi 

Turbervile  told  him  be  had  sworn  agMoslOd 

deserted  him,  and  God  im 
him,  be  would  not  starre;  which  wadi, 
think,  need  do  explanation. 

And  lastly,  how  conhi  Smith  be  be&sNJi 
any  part  of  his  evidence  against  the  priMOl 
when  it  was  testified  agaipat  him  by  Btt 
that  he  said  Haynes's  discovery  ww  aSlsa 
Plot,  a  Meel-Tub-Plot  P  The  mcaiiiiw  rf  ll 
words,  1  tliink,  are  wdl-knowu:  TWt  I 
would  have  had  Bolron  swear  against  sirM 
Brooks,  the  lord  Shaftesbury,  and  Ci)IM| 
things  of  which  hekuennotLioff,  aodwUti 
what  he  should  swear,  l«at  they  MiOuU  diss^ 
m  their  evidence.  When  it  waa  testified  ap* 
him  by  Oates,  that  he  said  God  damn  kn,! 
would  have  CoUedge's  bkM>d  7  when  it  « 
tcstihed  against  him  hy  Mowbray,  tW  I 
tempted  Mowbray,  to  be  a  witnrsa  tfk 
CoUeil^  and  liir  John  Brocdia,  andwasM 
inquisitif  e  to  know  what  diwoane  J  ■  •  -< 
the  lord  Pairfox,  ah-  John  Howkg 
Stem,  on  the  raad  to  Onm; 


nebehaiil 


tdid  mit  give  the  iinff  umtg, 
tbe  Un  of  Bxdndtn,  111  ■■ 


lenee  «oa^  to  nnir  ttimftlit 


1  ]  STAT£  TRIALS,  33  Charles  il.  l68l.-/(9r  High  Treasam.  [74i. 


t^  ftt  Qxon  ?  when  Everard  and  many 
len  testified  lie  said  he  knew  of  no  Presby- 
ian  or  Proteatant  Plot.  Now,  if  Colledge's 
Inenes  were  credited,  it  was  iuipuiisible  the 
iig*a  witnesses  could  be  credifeii ;  that  was 
nwd  by  the  court  to  l>e  true  u|H)a  the  trial. 
M  answer  on  the  trial  :wus,  that  the  king^'s 
ilDesses  were  od  their  oaths,  the  fnisoner's 
tre  not ;  which  was  a  reason  in  words,  but 
otia  sense. 

And  surely  what  Cidled:^  said  on  that  mat- 
er, without  any  knowledge  in  the  law,  cannot 
e  iiMwered.  It  is  not  fair  dealing,  said  he, 
rith  a  man  for  his  life,  because  the  witnesses 
gainst  him,  upon  their  oatlis,  deny  the  thin^ 
be  wiloesMes  for  him  |n-»ve ;  therefore  the  wit- 
leses  against  bim  must  be  believed,  and  the 
ritoesscs  for  him  dii>belicved,  when  yet  the 
ritaesses  for  him  were  reaily,  on  tlioir  oaths,  to 
BiiiiUifi  what  they  said  for  him. 

Nor  is  the  law  so :  tor  taking  the  law  to  be, 
hit  a  mitiiess  for  the  prisoiier  shaH  not  be 
won,  which  is  only  made  goo<l  by  practice  ', 
btnme  law,  that  is  to  say  practice,  is  that  a 
riteu  without  oath,  for  the  prisoner,  is  of 
fMl  credit  with  the  witness  against  him  Ujpon 
Mb,  tud  uone  can  shew  Uie  contrary  till  of 
Mi4iys. 

Tt  give  one  example  of  many,  where  it  was 
HBHary  for  the  prisoner  to  produce  a  witness 
I  prove  his  ionocency,  and  where  the  witness 
V  him  was  as  much  believed  a^  tlie  witness 
piost  him :  There  was  a  person,  whose  name 

do  not  remember,  aiTaigned  (at  the  same 
ne  that  an  indictment  of  liigh  treason  was 
Mleavoured  to  be  found  against  the  loni 
hiftesbuiy)  for  robbing  another  of  money,  and 
f  a  hired  horse,  of  which  likewise  the  person 
M  robbed.  The  robbing  of  the  money  and  a 
me  was  proved  by  himself,  and  several 
iben;  but  that  the  prisoner  was  the  |)erson 
■t  committed  the  robbery,  none  ]>ositively 
iore  but  the  person  roblied ;  who  likewise 
rare,  that  tlie  horse  on  which  the  prisoner 
M  uken,  was  the  horse  taken  from  him ; 
pinst  which  the  i>risouer  proved,  by  the  i»er- 
10  of  whom  t)ie  horse  was  agree<l  to  \h)  hired, 
Mtthe  horse  the  priso:jer  was  token  upon,  was 
Bt  the  horse  lie  let  to  hire  to  the  |>er80u  robbed ; 
hereupon  the  prisoner  was  ucquitUnl;  and 
et  the  prisouer's  witness  w  as  nut  on  his  oath, 
•dtbe  person  robbed  w:is  on  bis  oath:  which, 
aides  tnat  it  proves  the  mutter  lor  which  it  is 
Wight,  shews  the  toil} ,  as  well  iis  injustice  of 
It  pnMiitice  of  imprisoTiiug  men,  without  letting 
MB  know  for  wluit,  und  without  confronting 
MM  with  the  witncbs^-s  iigainst  them,  upon  the 
HUUtineot.  Por  how  irould  this  man  have 
HVB  what  witnesses  to  pn>duce,  unless  he 
li known  what  ui  iMuiiculur  he  was  indicttfd 
irF  Awl  how  could  he  have  sent  to  such  wit- 
nm,  unless  he  had  had  the  liberty  of  sending 
I  Ibe  persons  who  were  to  be  witnesses  tor 
■if  And  it  bhew  s  tlie  tolly  of  those  sayings, 
bl«  nan's  innuceui^  must  defend  huu,  and 
bl  tbe  endcuce  against^  the  prisoner  must  be 
lAtt  If  t&e  sua  at  uuou-day.    All  will  agree 


that  the  prisoner  in  this  case  was  innocent,  and 
yet  that  alone,  without  proilucing  a  witness  to 
prove  his  innocence,  would  have  stood  him  but 
m  little  stead  ;  and  how  could  he  have  known 
what  sort  of  evidence  to  have  ready,  unless  h« 
knew  what  he  was  accused  of  P 

I  do  not  mean  what  crime  he  was  accused  of, 
as  treason,  murder,  rubbery,  tliett,  or  any  other 
crime ;  but  unless  he  knew  the  fterson  robbed, 
when,  where,  and  other  circumstances;  which, 
say  some,  is  not  to  be  permitted  in  prosecu- 
tions of  hii;fh<treason  ;  ttir  if  so,  tlien  no  man 
shall  be  hanged  for  high-treason  ;  unless  there 
was  as  strong  proof  against  hhn,  as  is  required 
in  any  indictment  of  any  capital  matter :  and 
tluU,  they  say,  is  not  to  be  expected  in  trea- 
son ;  for  no  inaii  will  ca\\  two  witnesses  to  be 
evidences  of  his  words  or  actions,  bein.^  overt- 
acts  of  his  design  of  high-treason.  The  objeo- 
tion  is  too  ibolLsh  to  be  answered ;  for  it  in 
neither  better  nor  worse,  than  that  if  a  man 
shall  not  be  hanged  for  treason  without  evi- 
dence, he  shall  never  be  hanged  for  treason ; 
for  no  evidence,  and  evidence  which  the  law 
rejects,  is  the  same  in  sense,  though  different 
in  words :  and  as  the  intent  of  the  mind  is  dif- 
ficult to  prove  on  the  part  of  tlie  king,  so  is  the 
prisoner's  part  of  producing  counter-evidence 
much  more  diflicmt;  and  therefore  the  law 
hatli  taken  care,  by  the  statute  of  Edward  the 
tliird,  that  the  intent  shall  be  proved  by  an 
overt-act;  and  by  the  statute  of  Edward  the 
6th,  that  that  overt-act  shall  be  proved  by  two 
witnesses.  And  tlieretore,  since  the  law  hath 
taken  care  that  there  shall  be  a  stricter  proof 
in  high- treason  than  in  any  other  crime,  for 
the  judges  to  say  a  less  proof  may  be  admitted 
to  convict  one  of  high-treas<m  than  ot*  any 
otiier  crime,  is  very  ridiculous ;  unless  they 
will  at  the  same  time  say,  that  the  parliauieut 
who  made  those  statutes,  were  men  of  little 
understanding,  ami  not  to  be  regarded.  And 
certainly,  it  was  a  go<Mi  counter- e%idunce 
which  was  given  in  belialf  of  tlie  prisoner,  by 
some  witnesses,  though  slighted  by  the  court, 
and  not  pennitted  by  the  court  to  be  given  by 
others,  that  there  were  great  endeavours  to 
set  up  slumi  plots,  and  charge  the  Protestants 
with  them  :  For  let  any  one  shew  me  a  reason^ 
why  the  evidence  of  sham  plots,  though  they 
do  not  immediately  conceru  the  prisoner,  is 
not  as  gocMl  evidence  for  him,  as  the  evidence 
of  a  real  plot,  iu  which  lu;  was  nut  c.>onceni(.*d, 
is  against  him.  The  last  was  jMirmitted  to  be 
given  hi  c\'ide«ice  against  my  lord  Uussel,  col. 
Sidue^,  and  others  ;  tliough  the  first  was  uot 
perimtted  to  many  wimesscs  in  this  trial,  and 
U  was  a  material  objection  which  Colledgu 
made,  That  there  wiis  no  proof  of  any  persona 
being  ctmciMui-il  with  him  in  the  design  of 
seizing  the  king. 

It  was  ail  uiuuUised  answer  the  (Miurt^ve, 
that  liL*  uloiie  might  be  so  vain  as  to  design  it 
alone:  For  it' from  tiience  an  intlieiice  is  maitc, 
us  wasinsniuattrd  by  the  court  to  tiiejury,  that 
tliei-tttbre  he  did  alone  design  it,  it  was  au  e\i- 
dt-nce  of  his  being  a  Miadiuan,  not  a  traitor. 


I 

» 

I 


f 43]     STAT£  TRIALI,  33  CHAftLES  11.  l681/-*7Wa/  ^  Siephen  CoUeige, 

defeDoe  iays;  and  Mr.  Masters,  aft 
pumping^,   recollected   hinuelf,  and 
tfaet^fht  tbe  prifoner  said,  the  papistB  hi 
in  those  things;  which  proved  the 
CoUediope's  assertion. 

As  tor  the  eviflencc  of  Colledgie's  s 
might  be  a   colonel  in  time;    if  h 
for  what  he  said,  it  was  no  crime, 
oi' a  crime,  it  is  no  more  than  what  e 
dier  hopes  for,  and  he  himsolf  had  beei 

As  tor  the  evidence  of  Atterbury ,  8i 
Stevens,  of  their  seizing  the  picturei 
they  swore  true,  it  did  not  amount  tu  i 
of  the  treason  in  tlie  indictment,  or  of 
of  treason:  and  vet  if  C«dledge^s  i 
true,  it  looks  as  ir  the  finders  or  am 
person  sent  them  to  CoUedge*s  house^ 
to  find  them  there. 

Of  all  sorts  of  evidence,  the  findin 
in  a  person's  possession  is  the  weakest, 
no  person  can  secure  himself  againsi 
upon  him  in  that  kmd.  And  after 
field's  desifirn  upon  colonel  Mansel, 
evidence  in'  Fitznarris*s  trial,  that  the 
that  pamphlet  was  to  convey  copies 
some  members  of  parliament's  poci 
then  seize  them,  that  piece  of  evidem 
to  have  been  spared,  till  those  and  otl 
tices  of  the  like  kind  had  bjeen  forsottei 

The  last  witness  was  sir  WiUnm  J 
of  CoUedge's  saying  he  had  lost  the  ti 
in  the  cause,  but  it  would  not  be  Ion 
more  would  be  lost ;  what  was  that  m 
that  he  thought  more  vro\M  be  lot 
cause,  which  he  inteq)reted  the  V 
eaiiRe  ?  Suppose  he  thonivht  so  H-itliou 
aiirl  was  mistaken,  where  was  the  crii: 
if  he  thought  so  upon  good  reason,  a 
reason  he  had  to  think  so,  there  was  no 
of  a  crime  in  it.  I  belie\e  most  men 
as  (^o!Ie<l«e  did,  from  the  time  of  the 
of  Kitzhari-is  ;  and  what  imputation  ^ 
him  I*  "Why  were  not  all  the  expi-es 
ustii  in  his  trial  as  gooil  evidence  aga 
r;s  that  sayinpc  ?  For  he  then  $aiil,  it 
horrid  conspiracy  to  take  away  his 
\v-ould  not  stop  at  him,  tor  it  was  as 
the  iVotestants  of  England,  and  tl 
wlticli  was  his  opinion,  and at\er-timc 
liiiii  a  true  prophet. 

One  thinjf  Wtts  very  dishonestly  in: 
tiiat  the  prisoner  wvls  a  papist,  which 
to  incv-nse  the  jury  a);^ainst  him,  and 


Had  the  evidence  been  oftfie  miaclii^ng  the 
king  by  means  which  asingle  person  is  capable 
of  using,  as  stabbing,  shoodng',  and  the  like, 
the  matter  is  not  impossible;  butitbehigby 
means  which  it  is  impossible  far  a  single  person 
to  execute,  it  carries  such  disbelief  with  it, 
that  it  is  impossible  to  find  a  man  in  his  senses 
at  the  same  time  guilty  of  it.  And  a  man  that 
is  nan  compm  meniity  if  my  lords  Coke"*  and 
Halet  are  to  be  believed,  cannot  be  guilty  of 
high-treason  within  that  branch  of  the  statute, 
compassing  and  imagining,  &c. 

It  ia  true,  a  madman  may  be  guilty  of  trea- 
son, in  attempting  the  king's  person ;  but  for 
that  he  is  no  more  said  to  be  punished,  than 
beasts  of  prev  are  when  killed ;  which  are  more 
propai'lv  said  to  be  destroyed  than  punished  for 
the  public  eood.  But  if  so  good  a  counter- 
proof  in  Colled^c's  case  was  not  made,  as 
ought  to  have  been,  some  allowances  ouffht  to 
be  made  for  the  prisoner's  ignorance  of  what  he 
waaaccuse<l  of,  his  usage  and  strict  imprison- 
ment before  his  trial,  the  ruffling  him  just  be- 
Ibrehis  trial  iu  the  manner  before  declared,  the 
depriving  him  of  his  notes,  the  giving  an  evi- 
dence ot  many  hours  long  against  liim,  before 
he  was  permitted  to  answer  any  part  of  it.  And 
the  use  of  pen,  ink,  and  paper  was  but  of  little 
advantage  to  him ;  for  a  man  that  hath  not  been 
used  to  do  it,  cannot  take  notes  of  any  use. 
And  in  truth,  he  complained  he  hod  not  taken 
notes  of  half  said,  but  relied  on  the  court  to  do 
him  justice  in  sunmiiii*:^  up  the  evidences ; 
which  thfty  proniisetl  to  do,  but  broke  their 
^-ords. 

It  must  likewise  l»«  considerid,that  tho  con- 
cern a  man  hath  u{>on  him,  when  he  is  upon 
trial  for  his  life,  is  so  far  from  iortiCying,  that 
it  "Weakens  his  memory  :  Ijrsidos,  the  foul 
practice,  without  imy  n^iiorse.  put  ui)on  him 
and  his  witnesses  ;  soiU(»  «f  them  iuipiLsoued, 
that  he  could  not  have  them  at  tiic  liiul ;  others 
so  thrfateutrd,  that  they  durst  not  appear  for 
him,  and  the  cry  of  tlie  auditory  aijainsl  him 
and  his  witnt'sj.cs,  wciv  nipjclity  discoiirajje- 
mc-nts.  All  these  tiiiuLi's  heintr  considered, 
how  could  any  understan^ling"  jury  take  it  on 
their  oaths.  That  the  eudencc  a«jfainst  the  pri- 
soner, «)f  a  design  to  bi-i/e  the  kin^,  &c.  was 
us  clear  as  the  sun  at  nmtnc!a\  f 

As  for  the  evidence  nhicli  Mr.  blasters  crave, 
if  it  were  true,  it  was  no  evidence  of  lreasf»n  ; 
an  en*(»neou8  opinion  may  nmke  an  hort-tic,  but 


SI 


STATE  TRIALS,  S3  Cbablbs  1L  l6Hr--fir  High  Trtaiom. 


trtS 


d  if  ibej'  ccMdd  hne  proved  him  iwcoiidled 
Ibe  Fopnh  refigioD,  which  woi  treuon,  be 
Ipad  them  •  great  deal  in  their  praoft  :  it 
■■  thcrcfoie  very  diungcnuoiu  in  the  chief 
Mice  to  re]>Toa^  hiin  at  his  condemnation, 
M  be  had  not  made  that  proof  of  bii  religion 


Mbehad 

Nbw  of  tbeCoarl 

bM^vbodid  it 


ai  Un  mnnfl  fhr  ihn  pritnnnr,  aa  tbey  pre- 
ve  MeD  jui ' 
I  fee  of  the  otfaer  aide  to  betray 


■M,  tbcj  would  have 


For,  tm  CoUedoc  readily  said,  if  the  chief 
Min  had  looked  on  bia  note*,  he  would  have 
tad  DMTc  eridence  agaitut  Tiirbervile,  and 
ta|We,  than  he  had  repeated.  And  it  waa  a 
laa  acute  for  the  chief  justice  to  aay,  he 
And  it  to  the  menury  at  the  jury,  m  be 
wM  not  remember  more  ;  iriien,  as  I  dare 
if,  sAsT  about  thirteen  houn  evidence,  the 

Knembeted  no  mmre,  Ihao  that  ihey  were 
himGuihy. 
Iktnitb  ia,  upon  the  whole,  whatColledge 
■ifNatme;  Ibey  took  away  all  helps  from 
!■  fir  defepdiiuf  hinudf,  and  Iberetbre  Ibe  y 

y»_gooah^     

liL  NMwiib 


_-  --  lelordchief  justice  re- 
fad,  it  dapuHMoa  the  king's  plessure;  but 
■HAIraaid,  inlboaa  cases  of  high  treason 
t^dadootaselo  precipitate  the  execution,  it 
hMi  Mt  be  n  auddea  but  that  he  shonlit  have 
riitato  pMpan  himielf.  And  in  truth  he 
■d  ban  tbe  I8ih,  on  which  be  wa»  con- 
HMd,  to  prepare  himself,  to  rhe  31st  of 
l«p«  1681,  on  which  be  was  executed  ;  a 
Im  loDgor  time  than  h-w  alknved  my  lord 
ImI,  or  Mr.  Combh,  and  many  othera. 
Mtfae  Irae  reason  of  to  lon^  a  i«pn«e,  was 
ISM  bow  tbe  nation  would  digest  the  matter, 
ad  wfaathei'  dw  man  by  the  terror  of  death 
sbM  be  prevailed  npan  to  become  a  tool  to  de- 
kay  Mher  innocMits :  but  when  it  waa  found 
W  the  people  were  quiet,  and  IbM  tb«  ptiaoner 


could  not  be  prevailed  upon  to  do  an  ill  thing' 
to  aave  bis  lifr,  his  eterutian  was  ordered  ; 
yet  as  asbew  of  mercy,  hit  quarters  wve  pcr< 
initted  to  be  buried  ;  a  favour  he  slighted,  with 
sayiue  that  he  cared  not  whether  he  was  eaten 
un  with  Hies  or  worms.  Thesamefiivour  waa 
likewise  shewed  Fitzharris,  but  the  true  reasoa 
of  both  was,  that  Ihey  had  a  mind  that  the 
trials  and  pretended  crimes,  Ibr  wbid)  Fita* 
barris  and  Colledge  were  L-ondemned,  should 
be  liuvDtlen ;  which  would  not  be  so  soon 
done,  if  their  quarters  were  always  exposed  t» 
view.  But  though  all  people  were  quiet,  yet 
there  was  great  grumhling,  aiKl  most  honcat 
men  were  ainud  ;  and  the  constancy  of  Col- 
ledge  at  his  executMD  was  such,  dwt  it  made 
the' most  violent  against  bim  leUnL 

The  author  of  the  Critical  Review  of  Ibc 
Stale  Trials,  in  justification  of  these  procMd- 
inga  against  Colledge,  or  rather,  perliapi,  by 
wBv  of  set-off'  to  tbem,  alleges  tbe  pai^amnrt^ 
Ordinance  of  1649  makinf;  words  IVeaBan, 
This  Ordinance  is  cap.  44  of  that  year,  artd  it 
enacts,  "  That  if  any  person  shall  Inalicioiidy 
or  advisedly  {luUiab,  by  writing,  piintiny,  ar 
openly  dedaring  tbat  the  govenunent  waa 
tyranaical,  nsnqiea  or  unlawful,  or  thai  tbe 
CommoDs  in  Pufiament  assanbled  wera  not 
tbe  supreme  authority  of  tbe  nation,  aveiT 
such  oflence  should  fie  ad|judged  to  be  H^ 
Treason." 

From  N.  LuttrcU'a  «  Brief  Historical  B«- 
latJoD,"  MS.  in  AU  Bouls'  Library,  Oxford,  it 
appears  that  in  ■'  July,  1683,  Mrs.  Goodwill, 
sister  to  Stephen  Colledgv,  laldy  executed  -for 
treason,  was  committed  to  Newgate,  oa  flte 
Infonuatioa  of  her  own  husband,  tor  IreaaoB ;" 
and  that,  on  "  SepL  6lb,  Urs.  Sarah  Goodwin, 
Bister  to  Stqtliea  CoUodge,  was  iriedibrhiarh 
,  on  the  testimoDy  of  ber  liusbaud,  I 
able  wottla  spoke;  """"  '■""""  ' 
other   eridence   againal   I 

It  appMra  by  3  Hodcrn  Rep.  M,  tbat  {■ 
Hicb.  Tenn.  36  Car.  9,  a  person  conrictad  of 
drinking  to  tne  pioMS  monoiy  of  CoUedgc,  WM 
in  dte  Court  ti  Kinf^Beneh,  aMtcuMd  to 
pay  a  fmc  of  l,00aJ.  to  riand  in  the  tiiUery,  and 
to  find  surettes  for  bia  gvod  bebanonr. 


747]   STATE  TRIALS^  33  Charles  IL  l6Sl^T}riaiofSKug9byBeiiel,$iq 


282.  The  Trial  of  Slingsbv  Bethel,*  esq.  at  the  Brklge-Hoi 
Southwark,  for  an  Assault  and  Battery  on  Robert  Masc 
the  Election  of  Members  of  Parliament  for  the  Borou! 
Southwark  :  33  Charles  II.  a.d.  16S1, 

Frnni'iM  Fcrre^',  Kirbanl  FrankKn^,  ' 
Wade,  butcfier,  Edw.  Kem[i,  air 
Beini;'  Kwnm,  the  liidirtment  was  read. 
'*  The  Jiiron  for  our  siwepeiffii  I 
kitipf,  ii|H)n  their  oath  do  present,  That  S 
Bethel,  late  of  the  ]Kirish  of  St.  Olave^ 
wark,  within  the  town  and  boren^  a* 
in  the  county  of  Hurry,  esquire,  on  t 
day  of  March,  in  the  three  and  thirtif 
of  the  kin^r,  with  force  and  arms  at  th( 
aforesaid, '  and  within  th**  town  and 
aforesaid,  in  the  count v  aforesaid,  in  a 
one  Rfihert  Maiioti,  at  tliat  time  one  of  tli 
watermen,  in  the  peace  of  Goil,  and  of 
the  kinpf,  then  and  there  stindinff,  dir 
and  make  a  battery,  and  the  said  Kober 
then  and  there  most  $n^^ii*»W  ^nd  dan} 
dkl  beat,  wound,  and  evil  entreat,  so 
liie  was  ij^rcatjy  despaired  of,  ami  oth 
mities  that  then  and  there  he  offered 
bron^fht  on  the  said  Robert  Mason  ;  a 
the  same  Slini^sby  Bethel,  then  ahd  ther< 
the  same  12th  day  of  March,  in  the  3. 
aforesaid,  in  the  parish  aforesaid,  in  1 
and  borou(|[4i  aforesaid,  in  the  preset 
henrinjc  of  very  many  of  the  subjc<'ts  o' 
vprciifii  loni  tlie  kmi»',  tlien  ami  \\\vr( 
said  Robert  >las<>n,  ht-  sjMikp,  iittfn»<t,  t 
a  loud  voire  declared  and  piib!ishe<l  th 
^okiiitr,  tlnratenint^,  and  opprobrious  v 
wit,  *  Sirrah,' pointinc;' at  the  said  Kol 
sou,   1,  (lupatiiuij   hiins«*lf,    Slin£fsl)y 

*  will  liavf  your  coat,'  (a  rrrtaiu  «"iotli  « 
hmI  colour,  '.»itli  whicli  t lie  said  Ifobtr 
was  covered,  and  adonnd  with  a  (vria 
of  our  s:ii«l  lord  ihc  kinir  upon  the  s 

*  pluckc<i  ort*\<)ur  hack,'  to  the  threat  trr 
turhanco,  an<l  trouble  of  divers  of  mir  s» 
lord's  lieij-e  pet)j»le  and  subjects,  l»oinjj  t 
there  presiMit,  lu  the  evil  example  of  al 
oHendinsj  iu  the  hke  case,  as  also  aj^ 
poiH'i',  crown,  and  ilij^jity,  of  our  w 
lord  the  kinij,  Sec." 


L  HE  Court  bein^  sat,  the  jury  were  called,  as 
rolkiws:  Edward  Coltinpvood,  brazier,  Francis 
Waker,  comb-maker,  /ebulon  Newinglon, 
chandler,  alias  salter,  William  Head,  woollen- 
draper,  Humphry  Koberts,  John  Allyn,  baker, 
John    Morgan,    grrocer,     William     Morrice, 

*  ITic  following  <'baracter  of  Bethel  is  from 
the  hostile  and  indignant  muse  of  Dryden  : 

*'  The  wretch  who  Hea^'n's  anointed  dar*d  to  curse ; 

Shimei,  whose  youth  did  early  promise  brin; 

Of  seal  to  God,  and  hatred  to  his  king, 

I)kl  wisely  from  expensive  sins  refrain, 

And  never  broke  the  Sabbath  but  for  i^in  ; 

Nor  ever  was  lie  known  an  oath  to  vent. 

Or  curse,  unless  against  the  gOTcrnment. 

Thus,  heaping  wealth  by  the  most  ready  way 

Among  the  Jews,  which  was  to  cheat  and  pray  ; 

The  City,  to  reward  his  pious  hate 

Against  his  master,  chose  him  magistrate. 

His  hand  a  vase  of  justice  did  uphold ; 

His  neck  was  loaded  with  a  chain  of  gold. 

During  hii  office  treason  was  no  crime  ; 

The  sons  of  Belial  had  a  glorrous  time : 

For  Shimei,  though  not  prodigal  of  pdf. 

Yet  lovM  bis  wicked  neighbour  an  himself. 

When  two  or  tlirce  w«rc  pathcr'd  to  dcclami, 

Against  the  Monarch  of  Jerubalcm, 

Shimei  was  always  in  the  midst  of  them  ; 

And  if  they  cursM  the  king  when  he  was  by. 

Wonid  rather  cnrse  than  hrcak  gootl  company. 

Tf  any  durst  his  factious  friends  accu':c, 

He  packed  a  jury  of  dissenting  Jew>, 

Whose  fellow- feeling  in  the  godly  cause 

Would  free  the  sut^'ring  saint  from  human  laws  : 

Fot  law8  are  ouly  made  to  punish  tho?>e 

Who  serve  the  king,  and  to  protect  his  foes. 

If  any  leisure  time  he  had  from  pow'r, 

(Elecause  'tis  sin  to  misemploy  an  hour) 

His  business  was,  by  writing,  to  persuade 

That  kings  were  us<'loss,  and  a  clog  to  trade  : 

And,  that  his  noble  stile  he  might  refine. 

No  Kachabite  more  shunn'd  the  fumes  uf  wine. 

Chaste  were  his  cellars,  and  his  shricval  board. 

The  grofsoess  of  a  City-feast  abhorr'd  : 

His  cooks,  with  long  dibusc  their  trade  forgot. 

Cool  was  hiii  kitchen  though  his  brains  were  hoi. 

Such  frugal  virtue  malia;  miy  accuse, 

liut  sure  *twas  necessary  to  ti>e  Jews  : 

For  towns,  once  burnt,  such  magistrates  require, 

As  dare  not  tempt  C!i»d's  providence  by  tin*. 

With  spVitual  toed  he  fed  his  servants  well, 

But  free  from  ftesb,  that  made  the  Jew>  rebel  ; 

And  Mottcs'  laws  he  held  in  more  account. 

Tor  forty  days  of  fasting  iu  the  Mount,'' 

"  In  the  year  1(380,  Bethel  and  Cornish 
wore  chosen  sheriffs.  Thv  fonner  used  to 
walk  about  more  Uke  a  corncuttcr  than  shoritf 
of  Ltmdou.  He  kept  no  lumse,  but  hvetl  u])on 
chops ;  whence  it  is  proverbial,  tor  not  feasting-, 
to  Bethel  tlieCity."     North's  £xamen. 


Mr.  Pt  ii^t  Ij/.  My  lord,  and  \  on  jj«*ul 
the  jury,  Slinir>by  Ht'thel,  cs^.  stands  : 
for  that  he,  the  said  Slin«^bv  Bethel,  i 
assault  and  battery  on  Robert  >lasoii :  a 
lueiiacin;;  and  thifuliiin^  words  ;  savin 
the  saitl  Uolx-rt  Mav»ii,  *  Sirrah,  1  \ 
\ our  coat  phioktnl  t)irvour  hark,*  tot 
terror  and  dania;^e  of  the  said  UoU'rt 
Vc.  to  which  indictment  he  has  plcad< 
(uiilty. 

MuHoj/.  My  h»rd,  and  \t»u  u[entli 
the  jury,  I  am  counsel  for  the;  kin^, 
Slinjjfsby  Bethel,  esq.  who,  ujion  the  ] 
of  March  last,  in  the  33nl  year  of  the  k 
assault  llobcil  Mason,  oueuf  the  king*: 


TATE  TRIALS,  33  Charles  II.  1 681.— /or  am  AaauU  and  Baiiery.   [jso 


1  «lid  injuriously  beat  and  strike  the 
ert  Masoo,  did  giva  several  oppnibrious 
ay  ing,  he  wouid  have  his  coat  plucked 
Bck,  \x.    To  which  he  pleadeth,  Not 

^o/^  My  lord,  and  you  ffentleinen  of 
,  I  am  counsel  for  the  king,  against 
Uethel.  esq.  you  understand  the  issue 
to  try,  it  bath  been  u|)entsd  ;  tlie  ques- 
vhether  Mr.  Slin^by  Hethel  be  guilty 
ittery,  and  the  niaUcr  containeil  hi  tlie 
lit,  and  the  agipravutiiig  w  ords  therein 
1'he  occasion  was,  that  in  March  last, 
18  on  tilection  for  two  buri^resscs  to  be 
D  serve  in  parliament  for  this  borougfh  ; 
ert  Mason  was  desired  to  come  from 
I,  to  see  whetlier  any  of  that  parish 
poll,  which  had  no  rj|jflit  so  to  do.  The 
MS  were,  sir  Richard  l1o\v,  captain 
Aingsby  lk?thel,  and  Edward  Smith, 
Mr.  Sfin<rsby  Bethel  shewed,  at  his  en  • 
itn  the  ikirough,  what  inchnation  and 
le  came  witli ;  tor  his  followers,  and 
came  with  birn,  came  with  their  God- 
^  and  several  cxp(*i*ablc  oaths  against 


Mr.  Thompton,  By  whose  solicitatioa  came 
you  there:* 

Mason.  1  was  desired  to  be  there. 

Thompson.  What  did  he  strike  you  also  with 
his  fist? — Mason,  Yes. 

Thompson.  Where  did  he  hurt  you  with  all 
his  blows  P — Mason,  On  the  breast. 

ThoinpsoH.  How  many  blows  ? 

Mason.  He  ga?e  roe  twenty  blows  at  least 
I  can  swear  safely ;  but  how  many  more.  I 
'  know  not. 

Thompson,  Dkl  not  you,  before  Mr.  Bethel 
came  tliere,  interrupt  the  ptrnple^s  coming  to 
poll,  and  wliat  did  Mr.  Bethel  say  ? 

Mason,  He  asked  what  I  did  there,  and  bid 
me  go  down. 

Justice  Pyrs.  Did  Mr.  BcUicI  singksyou  out 
from  tlie  rest  of  the  company  P 

Mason.  YeSy  he  did. 

Kinii's- Counsel.  Call  Adams.  Adams,  what 
can  you  say  ?  Did  you  see  Mr.  Bethel  strike 
Mason,  and  what  words  did  he  say  ? 

AdanUf  first  witness.  There  was  a  tumult 
at  the  stairs,  and  they  called  to  roe,  being  con- 
stable, and  when  I  came,  Mr.  Bethel  and  Mason 
it  voted  against  him  ;  aiU'r  the  election  were  together,  and  a  great  company  foIk>wcil 
nd  tlic  poll  demaudeil,  truly,  then  Mr.  them  ;  1  said,  Hirs,  pray  keep  the  peace ;  arid 
1  hid  part,  and  took  occasion  to  go  !  1  saw  Mr.  Bethel  give  tiira  two  or  three  shugB* 
plaire  where  be  was,  and  strike  se-    and  said,  *  Sirrah,  1  will  have  your  coat  off 

your  back  j' and  Mason  answered,  *  Ay  and  so 
you  would  my  master's  too,  if  you  oould.' 

Holt.  Adams,  tell  the  court  what  you  think 
woukl  have  been  the  consequence  if  Mason  had 
struck  again. 

Adams,  It  would  have  been  of  a  sad  conse- 
quence. 

Holt.  What  was  Mr.  Bethel's  behavioar, 
when  heentere<l  into  the  borough  ?  Did  you 
see  him  come  into  the  borough  ? 

Adams,  Thev  came  in  and  oried,  No  Ab* 
horrers,  No  Abhorrers. 

Thompson.  Did  you  hear  Mr.  Bethel  say  so  ? 

Adams.  No. 

Thompson.  Did  yon  hear  him  swear? 

Adams.  No. 

Thompson.  Who  was  it  tliat  swore  ? 

Holt.  He  that  rid  first. 

Thimipson,  Mason  said,  Mr.  Bethel  gave  him 
twenty  blows  ;  Did  you  see  it  ? 

Adams.  I  was  not  there  all  the  while,  I  did 
not  see  it. 

Thompson.  Tliomas  Walbrokr,  what  can  you 
say  to  the  case  in  hand  P 

Waibroke.  I  stood  by  tlie  stairs  when  Mr. 
Bethel  passed ;  I  saw  Mr.  Bethel  tlirost  him 
douu  the  stairs,  and  I  said,  '  Jtobert,  take  cara 


ctefl 
the 

"SODS  that  were  acting  against  him,  par- 
tliis  Robert  Mason,  finding  him  to  be 
hiui,  took  his  (»iDe,  and  knocked  him 
|»ate,  and  afterwards  knowing  him  to 
ung's  watennan,  said  he  deserved  to 
s  coat  plucked  over  his  ears :  were  the 
igainst  him  as  a  single  [lersoii,  it  were 
I  bad  conse<iuence ;  but  wc  arc  to -take 
f  the  solemnity  of  the  occasion  of  the 
:  now,  consider  the  occasion,  it  was 
Thoosing  of  parlianiont-men ;  and  had 
•en  lor  tlie  prudence  of  the  waterman, 
tfiug  to  strike  again,  Gmi  knows  the 
iihI  what  an  uprotir  it  might  have  oc- 
I :  but  he  prudently  i-efraincd,  and  took 
se  in  a  legal  way,  and  according  to  law 
referred  Uiis  imlictment  against  Mr. 
y  Bethel.  Now  though  the  said  Mr. 
be  so  gn*at  a  man,  and  a  person  fjf  value 
heriff  of  the  city  of  lioiidon  :  and  he, 
Mason,  appearing  to  l>c  but  a  po(»r  wa- 
yet  1  douH  question,  he  will  find  an 
I  jun*  to  do  him  right. 
*S'Coun*ef.  Coll  Mr.  Rul>crt  Mason, 
Adams,  Tlionias    Walbrokr,    Grillin 

Tho.  Smith,  Alexander   Dury,  

ce. 


UoU.  Mason,  What  can  you  say  on  the  '.  what  you  do !  Mr.  Bethel  said  *  feMrrali,  coma 
nd  your  own  behalf,  concerning  Uiis  !  dow  n  ;'  Mason  said,  *  I  will  come  when  1  sec 
f  I  luy  own  time,  1  do  nobody  any  hurt  :*   Mr. 

ML  I  was  standing  upon  the  steps,  by  Bethc^l  answered,  I  *  command  vou  to  come 
r  in  the  artillery  groand,  and  Mr.  Be-  '  down,'  and  his  answer  was,  *  I  wQl  when  1  sea 
and  gafia  ine  divei-s  blows  on  the    my  own  time.' 

Thompsim.  Did  you  see  any  Wow  given  by 
Mr.  Betliel  ? 

IValbroke,  No  1  saw  none ;  I  won*t  swear 
to  any  blows,  but  I  saw  two  or  tliree 
the  breast  j  he  piubod  him  hack, . 


me  %vith  his  cane,  and  followed 
rahcating  of  me,  and  said,  *  Sirrah,  I 
nathat  coat  plucked  over  your  ears;' 
jWuvid,  *  Sk>  you  would  my  master's 


Mk  tww^^or  bm*  amy  f 


IkaJMBK.  Upondw  Oltt  tcb  hMC  ttk 
M^Ufi^Yoawe  in  kdaot  imb)  b 

VM  wstanMn  wv  mt  tti  it  ^int  vbv  * 
M  k*  Mt «  oMopdn  ooit  «t*  iL 
^j^iniBMfcr.  H0M  AM  OMI.  bat  I  iaa^.n- 

JBlH'f'SawL  Cdl,  OriOA  Htida.  Oin 
WiijiiiMrf  iiUt  jodenoT  Ata  nllw. 
-■■  Mtoifc,  I  atv  ft  pert  WMftet  tf  peo^ 

Xbimaa.  Wfaitwarisfidjoabnrr 

■.  -mSTmo — ^ 


WMhi  c^iA«d  wgh  Oiii  oMt,  ar  hMl  hs  m  I 


^ 


»it7 


nwyww.^  PpOtt  Ae  Oidi  yoa  hffe  taken, 
AMp  ttN^f  wnn  vd  yw  hq  pviSf  bccnoM 

^aS.  Noaww M aL bat n Ottk poA. 
CM  IBmnwOihU.  (iawp«mn  Wbtt 

iiijMiMwr 

iniO.  ^Batet  Hmm  md  nyMir  Aod 
%«Alr,  Vr.  BeAd  cum  nmd  A^  bomv- 
fInBi,  and  be  kdwAtamit  Brnkkntearpar- 
aMM  wlA  Um,  and  na  Haio  caoko  oovn  Aa 
aMpa :  Haaan  anawered,  I  wOl  coma  down 
Wbeii  I  ace  my  tinK.  Hr.  BeAd  said.  If  you 
will  not  conte  down,  I  will  baTe  tout  coat 
plaAcd  aff  jroor  bade.  Afterwards  many  wonb 
bjibbJ,  which  I  cannot  reineinber,  and  Hr. 
BMhd  pvshcd  Urn  on  Aa  breast. 

Sttmtd  Cmrk/.  Ht.  SmiA,  Pray  give  the 
«o«rt  aa  account  of  the  behanour  of  the  men 
Aat  AUawed  Hr.  B«Ad :  Did  you  dM 


MKireRdieit  Haaoo  1 
in  tn«  Artillny  gronnd  F 


push,  when 


SmUk.  I  aaw  m  _. 

But.  What  day 
bad  baan,  if  Maaoa  had  struck  again  ? 

SmUh.  Bad  be  giTcn  any  blow*  asain,  1  do 
baBank  bandied  ud  a  humbed  had  been  daiu. 
r  ftMMM.  Sakb,  pm  gin  an  accannt  of 
AabAafioaroflbeinai  diatcaine  <rUh  Mr. 
■bilali'ilid  wbat  coat  Haaon  wore,  and  wbe- 


Mp«a.  WbT.wbatmade  you  think,  if 
bfadlfcntb  Hr.  BeAd,   thai  it  wonU 
^pHn^anantnt  dtttunaaoe* 
<ib._BaoMiaaTie  wia the  kii^a  aeTTant. 
t  !^mm>dtr  Dory.    Hotj,  pfe  the  court 
jf*af  Aa  MalKT  in  qmatioa.  Did  you 
7         ^***dj|iTa  Maaau  any  Mowt? 
-h2l£>  "'-  BeAd  gareliini  aoaie  puabea 
^^iBi^aHlaaid  be  wooU  bare  h»  eoat 

*^JjM.  BndheAaaNDe  coatoaa.  now 

I  "*>*r  An  Mm^  Mil  M  othw 


MuUiry.    Call   Liwrence.     He  appMllr  j 
LBwi«fic«,giTe  the  court  and  jury  an  acMM  I 
of  vHiat  yuu  knotr  of  the  quarrel  betwctn  Ht.  1 
Hethd  and  Robert  Mason.  Did  tdu  h«  Mr. 
Bclbel  m-^e  him  any  blun-s  ?  Anif  pre  ao  in- 
connt  of  the  behariour  of  Mr.   BcQwl  and  b 
compatiy,  whrn  ihi^y  came  bto  the  boraof^b, 

'//lonpuiH.  Thk  inilicimmt  19  for  an  loaril 
and  boOfni ;  if  you  nn  tp*e  an  aoceent  tf 
ihal.ila;  Wnot  ofihe  behanonrofthwetlM 
came  with  Mr.  Betbel;  that  is  not  th«  nMm 
aC  this  time. 

Holt.  lairawer,  Bir,  it  ii  not ;  butweadida 
aueation,  to  make  oiit  the  behanour  of  lb. 
Bethel  and  bis  compaoy,  aod  ahall  teare  il  n 
the  Jury,  what  judgment  to  make  of  it 

LoKrcnce.  I  saw  the  peraons  that  eame  aili 
ig  and  Rwearii 
id  ^e  irercons  which  rid 
Hollow,  hollow. 

Thempton.  I  appeal  to  Mr.  Hdl ;  nhu  if 
John  on  Nokes,  or  Tmn  a  Htyies,  smiar  at 
hector,  Ace.  ih^  Mr.  BethdBnswerf<>rdiai,a 
a  matter  that  faUsout  loDir  ofterwanb,  ai  Ite 
did? 

iuremtce.  I  saw  Ihdr  beharioiir,  as  I  htit 
said  ;  and  wlica  Mr.  Bethel  came  to  Itafal 
Mason,  he  stood  with  bis  bands  behbd  Ub, 
Mr.  Bethel  bid  hhn  eotnedown;  be  add,  m, 
be  would  Dot :  Then  mA  Hr.  BeAd,  1  aB 
plock  yunr  coal  olTyoar  back  f  and  nisoD  is- 
swereJ,  Ay,  and  so  j'ou  wouUl  my  master'!  Iw, 

Lord  Mayor.  Did  Mr.  Bethel  awear,  wbd 
be  came  into  ll>e  Borough  t 

Laarcncr.  No. 

LptiI  Mayor.  Who  did  awear? 

LnB-rojce.  He  that  rid  first. 

T/iompso)!.  May  it  please  your  IdtdAb,  I 
am  of  oouQsd  lor  Mr  Bethel  the  iliriiiW. 
who  has  been,  and  stands  indicted  for  mabbf 
an  nssitilt  and  battery  upon  Robert  HaMi 
and  lor  (peaking  many  moiacing  and  Ibnt- 
eoios;  wonbi,  as,  that  he  would  pnB  UacM 
orerhis  ears,  ice.  and  Ibr  nra^aenaal  Ham; 
unto  which  we  bare  pleaded,  Not  Od^. 
They  have  produced  sereral  iiilaiiw.  Ml 
Robert  Masoa  himself,  who  is  so  Awu^ 
stitch  in  Ibe  case,  tliai  he  swenra  ao  aa  at  Ml 
canbclierehJiD;  fifrhisowDwitBeaaeaAMt; 
for  Iht^r  do  not  sw  ear,  nor  pretend  l»  paar 
like  him,  being  not  able  to  stretch  at  ibatiAi 
he  is  deipeiately  mistaken,  to  apeak  Ae  bat 

For  thU  HaHni  sw«ua  Hr.  BeAd  ganUa 
so  Uuws  at  least,  but  how  many  inaiubl 
rounot  say  :  see  how  this  will  ioo^  wba  «• 
shall  prove,  by  subabntjd  aad  ovdible  ■■■ 
thul  nut  one  lilaw  was  giren,  or  poA  eMv. 
Bui  suppose  be  were  pushed,  yetlua  widaw 
a^ree  not  one  with  aooAer ;  for  aome  aiNar 
pnsh,  some  lo  more ;  but  Hr.  Han 
(•>  the  full  number  of  SO  falowB  at  Iwd. 
and  that  positiTely,  but  hotr  many  mar^  b> 
doth  not  rt-iiiember.     But  suppcMe  itwovw, 

Gt  Ae  uiatl«r  isoetBDinach,  but  what  0*9 
justified  by  the  oocaabn  ghtti  mt  iM 


STATE  TRIALS,  33  Chaelxs  IL  \6Hi^for  High  Tnoion. 

«a  giood  plea  in  law,  in  an  action,  will 
ime  upon  pleading  Not  Guilty  in  this 

it  please  your  lordship,  the  occasion  of 
thel's  comino;'  here  was  this ;  bein^ 
«  chuiUDg  oTparliament-iBeii  tor  this 
ly  the  competitors  were,  sir  Richard 
Ir.  Rich,  Mr.  Bethel,  and  Mr.  Smith ; 
IK  a  home  wherein  they  appointed  to 
led  the  Artillery- House:  when  they 
take  the  poll  at  this  place,  where  there 
of  stairs  which  leaits  to  the  door,  the 
of  taking  the  poll  was  thus ;  first  to 
louae,  by  that  door  to  the  stairs,  and 
y  had  voted,  to  put  them  out  at  the 
Mir ;  this  being  the  occasion  of  the 
(howe\er  aggravated)  will,  to  all  that 
or  shall  take  the  matter  into  consi- 
,  stem  a  Tery  sliameful  thing  to  ground 
tmeiit  upon.  But  this  Mason,  a  very 
man,  who  had  no  rigiit  to  ^loU,  (as 
confesses)  and  who  mi^ht  have  spared 
ubie  (for  any  authority  he  had)  of 
there  ;  and  it  might  have  been  better 
tayf^  at  home,  l»y  what  ho  has  sworn, 
u  and  one  8ain.  Sams,  a  hectoring 
were  set  iijHin  the  stairs  ;  and  their 
was  not  (as  they  now  pretend)  to  take 
ho  Wife  tit  to  poll,  but  to  understand 
•e  for  Mr.  Bethel  and  Mr.  Smith,  and 
ev  did  abuse,  and  push  tlicm  down  the 
vhich  Mr.  Bethel  being  informed  of, 
it  of  the  house,  and  spoke  civilly  to 
id  said,  Frienils,  ^Vbat  liavc  you  to  do 
f  you  have  not  u  riglit  to  poll,  come 
mi  the  place :  whi<4i  Mason  refusing, 
ndaut  took  bini  gt*utly  by  the  hand, 
him  down  tht^  stops,  i^ivmg  neither 
T  push ;  we  sliiill  call  witnesses  to 
is.  Now,  tur  a  geutlcinaii  that  stood 
*tbe  comi>ctitorsibr  a  parliament- man, 
ime,  in  tbai  place,  lie,  might  do  this  to 
i  that  had  nothing  to  do  there  :  nay, 
mselves  say,  there  ought  not  to  In>  any 
tioQ  at  an  election ;  and  that  the  inter- 
Mas  from  themselves,  and  that  occa- 
le  mighty  battery  they  luake-so  much 
!  shall  call  our  witnesses,  un<l  make 
ter  ai»pear  to  be  our  case  ;  and  then. 
Mason  hath  siK>keu  of  *iO  blows,  it' 
,  as  there  is  but  little  i-cus<m  fur  it,  it 
sufficiently  justitie<l  by  the  witnesses 
.  produce,  and  the  evidence  we  shall 
Jiit  matter. 

Ir.  Nath.  Travers,  c:onst:il>le,  Mr.  B<*n- 
Psirrant,  Mr.  iito.  II«uu|itiMi,  Mr. 
lark,  Mr.  Thomas  Wcfke.^,  Mr.  Ben- 
errard. 

MuJi.  Let  lis  b^Hjriu  aiih  Mr.  'fravers. 
rers,  what  account  can  y uu  ;;;ive  oi'  the 


Tf.  Hay  it  please  y(Hir  lordship,  I  re- 
rt  as  if  it  .ere  but  just  now  ;  I  \%us 
of  tlie  iioUse,  to  ciMiii*  to  tins  door, 
.people  were  in  a  wcy  i;.(atdis- 
cauie  to  tliis  Uoliert  Aiuson,  anil 
jrott  thtre,  to  m^e  this  disturb- 


[75* 

ance,  hare  you  aright  to  noU  ?  He  answered. 
It  niay  be  I  may .  I  told  liim,  if  he  woulduot 
be  civd,  I  should  take  a  course  to  indict  hun. 

Thompson,  And  what  was  he  doing  t 

2  ravers.  He  was  throwing  people  fi*om  both 
sides  with  his  elbows.  In  this  time,  a  repod. 
beinff  carried  to  sheriff  Bethel,  of  a  person's 
leg  broken,  and  a  man  like  to  be  killed, 
sheriff  Bethel  came  to  the  steps,  and  took  him 
just  by  the  arm,  thus— [Shewing  the  manner] 
— and  said,  IH^y,  Friend,  wluit  hast  thou  to  do 
here,  hast  thou  a  riglit  to  poll  ?  At  first  he 
said,  He  had  ;  afterwanis  he  said,  No.  Theo 
said  sheriff  Bethel,  Pray  go  about  your  busi- 
ness. Mr.  Bethel  gave  no  blow,  nor  did  so 
much  as  shew  any  passion,  or  angry  counte- 
nance ;  and  said  no  more :  but  others  said, 
Mason  was  a  rude  person,  and  that  be  deserved 
to  have  his  eoat  plucked  over  his  ears. 

Thompson.  Did  you  not  hear  Bethel  say  so  ? 

Travers.  No,  but  it  was  said  by  some  of  the 
company. 

IhoiHDion.  I  ask  one  <piestH»i  more.  Mason 
said  he  nad  twenty  blows,  what  say  you  to 
that? 

leavers.  He  had  not  one,  upon  the  oath 
that  I  have  taken. 

Thompson,  Had  he  this  coat  ofn,  or  no  ? 

Trazers.  Trnly  I  know  not,  I  cannot  tell ; 
but  he  had  a  badge,  whereby  he  discovered 
himself  ta  be  some  gentleman's  servant. 

Thotnpwn,  Was  Sams  there  ? 

Hoit,  Mr.  Thompson,  is  that  a  fiur  ques- 
tion? 

Thompson.  I  did  it  purposely  to  try  yoiur  ob- 
servation ;  you  would  call  to  what  others  did  long 
liefore  the  battery,  I  must  not  ask  if  one  was 
there  at  tbe  time  of  the  battery. 

Hoit,  Did  you  not  see  Mr.  Bethel  on  tbe 
Artillery-ground,  was  not  Mason  pushed 
there  .»* 

Travers,  1  tell  you.  Sir,  there  ^vas  not  one 
blow  giveu. 

Hoft,  Then  you  did  not  sec  the  quarrel  on 
theground  ?  ^ 

havers,  1  tell  you,  there  was  no  quarrel  on 
the  ground  :  1  stood  on  the  steps  when  sheriff 
Bethel  came  ;  and  tlie  slieriff,  when  he  was 
half  way  on  the  steps,  seeing  the  waterman's 
posture  he  was  in,  said,  friend,  ha\e  yon  any 
thing  to  do  to  poll ;  it  you  have  not,  why  do 
you  make  a  disturbance?  He  answered.  It 
may  be  I  have,  and  it  may  be  iicit.  Pray, 
Friend,  said  sheriff  iiethel,  it'  you  have  nut, 
come  down,  I  went  firoiii  thJiit-c  about  the 
ground,  and  did  not  see  the  Ica^t  blow  given, 
or  any  ap|ieai*ance  of  |»assion. 

Vnompwn  lieior*^  Mr.  Bethel  came,  h(»iv 
did  this  man  behave  himself,  did  he  not  shout, 
and  behave  hiuisi^li'  mdel  v  ? 

Holt.  1^'t  liioi  s[»calc  of  himself,  let  nca 
wonls  be  put  into  his  inoiiih. 

'Vhompson.  Had  he  a  nnl  coat  on  ? 

Trartn.  I  cumiot  say  ii. 

Thdinpson.  Mr.  '1  "sir rant,  wliat  can  you  Ha\  ■' 

Tarrant.    I  was  ou  tiie  gnw'*^  — l— «  tbt* 

sheriff  came,  1  was  at  some 
3C 


r^  STATS'TUAUk  MCbUOM  It  l6Mr"1Wrf<f]fll^i%'IMM«f.  ftH 

apMlkanAIlMmtofcn,!  wrHr.Btfkcl   BAdcvMi  MdUdMlfeBMMc 

ud  Oe  wtfanaan  oomiBf  UgflOer, bat  I  ww  -  •  >-  •-^- ..^m- 

M  Umt,  Hd  I  an  nvs  ttMn  «M  Mt  ana 

.llr.W«kiH,  Gira  u  weaaiitaf  wbtyou 

be  cniiie 

Wepi ;  I  maili!  Imai'  alM  him,  asd  ww  Ibtn 
dU  till!  uhiks  anil  (hen  wm  Mdaif  tt«  a 
lilaiv }  inn  all  hr<  rlid  wm  to  tUi  porpOM— 
I>Riy,  Krirad,  (Hnid  lie)  if  yon  hart  M  li^ 
lo  iKtU,  vo  v'lr  >VLif,  what  hara  van  t*  da 
IxAr  Anill  l'..llf..^.:4  after hfan  inlothe  Ai- 
tilUrjr-gmunil.  ami  4>a«  waa  nodung  of  a 
blow,  or  »ny  lii  " 


ck,i.  M^-lnr.!,  InwdMriffBelfaelwhcB 
me  into  llie   jjrouad,  ^and  went  ap  the 


.   Th, 


iikait. 


I,  1  u 


BtAhcla 


w'etkf.. 

Tlnm^tn.  Yet  BUmb  nUb,  tbera 

'    .IMU.ijpiwtbe  oaAIhaTB  takts,tkae 
waa  DoiK^  nor  auy  tbiw  like  it. 
.    -iMr.  Kr.Weekaa,&yimh*eiiiLMdoit,W' 
do  9«v  Ifn  in  tbe  Boratieti  t 
Wtikm.  Sir,  I  lire  b  LoDdm. 


7%tmfHn.  HavDotainaa 
aadlo*  fMd'eriaeue  ben  f 
flan  Mr.  Gemtd. 


ime  wit  of  the  poFling  -  boose ;  and  I 
watemiui.  aiid  sun.  Sams,  thruHlin^ 
ot'  people  down,  thai  wrnied  lo  be  for  HIr. 
Bethel  and  Sraitb,  ming,  How  and  Rirh. 

Wteket.  Hy  lord,  my  memtfty  fulled  in  this 
poiol;  but,  upon  the  oath  I  hare  taken,  what 
that  g¥iillem!ui  sweara,  it  it  Inle. 

TAompKm.  Fray,  iSir,  (as  you  seem  lo  be  a 
■ober  man)  weie  anv  blows  struck  hv  Mr. 
BetbelP 

GrrruT^.  I  «piit  ivilli  slipriff  Bethel  there 
at  tkct  time,  and  a^kvd  iho.  watennan  what  he 
tiad  to  do  there  ?  I  cuniiot  uell  tell  what  >n- 
■werbe  made  ;  but  Mr.  NherilT  Mid,  If  ynu 
hare  no  rii^ht  lu  poll,  pray  i^  abtiut  your  liiisi' 
nesa.  Upon  the  uatli  I  have  loki-ii,  Itf  did  not 
strike  one  bluiv,  no  ninre  than  \k  iloth  now, 
(landii^  in  tliiK  Conn  before  your  loitlihip. 

Lord  Majfor.  Was  there  anv  piudiing'  or 
.  tbruKtii^l^  Mr.  Detiwl  > 

CerrarJ.  Lpon  my  oath,  inr  ioid,  rtnt  anv. 

Tlummoa.  And  you  sa^'  )uii  were  ihtre  all 
tkewbile,  and  aaw  no  disturbance  gitGD  by 
Hr.Betbel? 

Otrrard.  I  am  aun*  there  waa  not. 

nampmm.  Had  he  this  coat  on,  orno  ;  or 
badbeaotarampaien  eoat  on? 

Ctrrard.  To  the  bnt  of  my  remembrance 
be  bad  a  campaurn  roat  on,  and  I  bell  -  - 
bebad.  *^ 


pWtkHB^^K 
.    rlba«Mli7MlMa-l*^ 

HmtfiU.  No,%r,ita«'«ata«aM..    • 

BiftM.  No,8ur.  Mtaaai  «rl».Batd 

bM«lBAnMd  oTthaiMMi^  aTMaMMt 

Saaaa.  Ur.  pilliiil  iiiwi  liij^jiifcM.ndii 

Med lh» M «ow  dowB,  «■« Ui*»li 

w»,aadaefafcaadi*niba— *    ■■     — • 

Mulkm.  CbaiAimiMaM«i*,taiha«4d, 

MM  did  iMt  nakft  Ika  diiiB>b«m. 

£am>c«.   IaM(llab«t.|laaM,«d*i 

pai^  wiib  Um,  MaMdMaarirw^mMt 


tbaoAaraatta-. 

'  notr,  ba  m  ~"~ 


Tkamffion,  Mr   Hatfield,  \my  0Te  an 
Hmnt  »t  fbat  vou  know  of  the  tuatier. 

Bmtfc:d.  Tim  were  two  men  which  I 
farad  cuatB,whi>h  ixisli.-d  down  the  people 
tkMfometo  yoU  lur  3Ir.  Iktbd,  belure  Mi 


aane  ■»»  y««  aalkd  aaoe  tadkaa  r 

■ntmf^.  Mr  bid,  a^  y— -gliillllll!* 
tbajwy,  Ubinklhe  eaaaiaplaiaiMid  ■**■ 
aiywnwda'i  I  aball  aoly  taka  Mlko  feW 
eareftil  UMaa^nn  b»  ta  A^  fairiaqiil 
kaaptbakM*aMac«.  r^mmmjtmm 
b^ort,  kMr.  tMM(wWalnod  ftii  f  i* 
ncBt-maaarthiaalaeat  aid  aAAaaaMMik 
bm  aa  cbimM  i^wwI».»  abntf;«C«» 

dMorbaiice  made  by  this  Haaun,   and  tf  Ae 
nntaimevi  of  their  procenlin^    only 

'iilly,  and  todi  him  by  the  arm 

m  lo  eoDie  away,  and  make  no 
And  ihis  is  tlie  truth  of  the  case,  and.tke 
ilfhty  battery  they  pretend  lo.  Now,  Mf- 
pose  inat  when  people  are  in  such  a  nMl, 
and  upon  such  an  occanOD,  there  were  aevt 
pushes  (as  is  the  utmost  here  pretended)  ooiU 
this  be  a  sufficient  matter  to  ground  an  iafct 
meut  upon  ?  No,  Eentlemeu,  no :  thia  indict- 
mcQt,  aud  tite  dvsitpi  uf  it,  is  to  raise  a  dwt, 
and,  if  possible,  to  cast  redectiona  on  Hr. 
Bethel  ;  but  it  is  more  than  they  can  da  ia 
point  of  law,  by  my  nutter  here  pt«*ed,  if 
-^lasun's  wiinessea  do  swear  Ifue  :  yet  ynasca 
iiow  itlasoh  behaves  himaelf,  crying:  How  «d 
lUtb,  striking  down  all  that  came  betwca 
Sam.  SauiE  and  him  ;  so  they  broke  the  peace, 
and  raiseddiedisluTbancethcniaehvs.  Andia 
that  (-Hse.iuiy  mon  (and  why  not  Hr.  Bedwlr) 
might  hai  e  token  him,  and  i-airied  him  bdin 
a  magistrate,  and  have  Justilied  it.  But  Mw, 
fiir  the  credit  of  th(^  tbin){:  you  tee  thai  mat 
SMi-MS  it  but  Mason  iilmself;  but  even  he 
swears  to  that  imiKissibihty,  ao  over-  mebe* 
the  matter,  ibroiigli  ihi-  evcess  of  hi*  paasioB 
in  swiaring.  thai  no  one  t-an  believe  him  ;  ifbc 
had  swon>  lunleslly.  as  thereat  did,  to  two  or 
ihrei-  pnshts,  it  might  haie  been  credited  i 
but  to  ii.)  blow  s,  no  one  i-un  believe  it  ;  netthtr 
du(h  any  one  of  his  own  » ittieaaes  awear  like 
bim,  or  of  so  much  asoneblowgiien:  Mtbtre 
is  not  ofw  word  Matun  nitb  cvi  be  ctifiati. 


STATE  TRtALS,  33  CHARLts  II.  l6Sl^&r  BlgkTrea$en.  [75t 


en,  my  loni,  admit  it  to  ho  &o,  yet  you 
Ir.  Bethel  was  not  the  person  that  lirst 
1  this  disturbance :  Now,  if  the  other 
bad  been  indicted  and  tried,  as  indeed  it 
een  much  more  fit  tliov  should,  we  could 
pnived  much  against  them, 
il  as  to  the  fact,  and  mr.nner  of  what  Mr. 
fl  difl,  it  was  no  more  thun  coming*  in  a 
manner,  asking  whether  he  had  a  rij^ht 
II;  whan  he  said  no,  he  took  him  civilly 
e  ann  and  lefl  him  doHn  ;  and  this  is  a 
loUe    assault,  beinj  the  nature  of  the 

re(iuirc-d  a  necessity  of  r«>mewhat  of 
I  in  it.  I  appeal  to  von  of  thejury,  whe- 
here  beany  cause  tor  this  indictment,  or 
rof  reason  for  you  to  find  it  ? 
Jt.  Gf  !itlemen*  of  tlie  jury,  you  have 
I  the  e?idencc  on  both  sides,  and  the  ques- 
ts. Whether  in  yonr  consciences,  you 
iishelie%c  eiglit  Vitiiesses,  that  swear 
?ely  to  tlie  batt«  -ry,  and  belie*  e  those  wit- 
s  tbat  did  not  see  it  ?  If  you  ai*quit  Mr. 
?!,  yon  must  necessarily  convict  eii^ht 
as  «>f  perjury :  But  if  you  do  not  find  for 
tethc'l,  the  other  witne&ses  cannot  beccMi- 
I  of  perjuiy  ;  for  hf»w  can  men  swear 
ph  they  were  llici-e  all  the  time)  tbat  they 
It  see  ?  Possibly  they  miu^ht  be  very 
t  men,  and  present  at  the  time,  and  yet  not 
r.  B<*thel  stnke,  and  so  not  swear  to  it :  But 
itnet^tes  swear  very  trut* ;  I  hope  you  will 
ideil  by  sense  and  conscience,  anti  not  by 
itors  humours,  and  a]>prphensions,  that 
here  and  hiss  in  acmirt  of  justice.  iNow, 
witnes«((M<  sweariti]?  it,  I  do  appeal  to  the 
,  wliether  in  matters  of  this  nature  one 
w  fi»r  the  affirmative,  l»e  not  more  valid 
many  of  the  n<»5fative  ? 
eytake  notice  of  the  impossibility,  and 
liecanse  tln^y  swear,  as  they  say,  at  an 
ra^nt  rate,  that  Mr.  B<'tliel  give  liiin 
y  blows. 

Btienien,  if  Mr.  Bethel  will  beat  a  man 
raffantly ,  it  is  not  extravaj^ncy  to  swear  it. 

MaM>n'*s  evidence  is  confirmed  by  all  the 
iirnduced,  and  no  contradiction :  If  one 
'  to  ten,  and  another  to  two.  and  another 
ee,  is  this  inconsistent  ?  No,  gentlemen, 
rident  tliose  men  swear  cautiously  and 
illv  ;  fhr  if  otherwise,  th"V  ciwild  swear 
many  as  twenty,  as  Mason  linlh  d<me. 
is  the  btsrt  judge,  he  that  f. -It  ihu  blows, 
•y  that  swear  then*  w«s  not  «nc  givMi  ? 
iatf»*lt  them,  1  am  sun?. — ^ientlemen,  it 
nft  cniwd,  it  is  possible  they  may  not  see 
yet  their  t\itlence  is  a  ronr4nriiig  cir- 
tenec. 

!Xt  I  dime  to  the  iMiint  of  law,  how  a  man 
ff  a  candidate  at  an  clfction,  can  bt*M 


any  man  that  stands  in  his  wav  ;  I  do  not  un- 
derstand that  to  be  law.  if^  any  man  had 
beaten  Mr.  Bethel,  he  might  hare  beaten  him 
again  in  his  own  defence ;  but  there  was  no 
such  thing,  Mr.  Bethel  saw  no  disturbance 
himself,  but  was  Informed  of  it,  and  so  became 
too  otiicious ;  though  he  was  sheriff  of  London^ 
yet  he  was  not  an  oflTicer  there ;  for  he  was  not 
a  constald(;  diere ;  and  it  was  a  constable's 
office,  and  he  only  could  have  seized  him ;  and 
not  a  constable  neither,  unless  he  hail  seen  the 
king^s  pf-ace  broken. — And  as  to  what  Mr. 
TJiompson  saith,  that  it  is  irap(»sible  that  such 
an  election  shoubl  be  carried  on  without  some 
bfL«Ue.  It  is  true,  in  a  crowd,  men  jnstling 
one  another,  and  by  actridcnt  strike  anotlier 
down,  it  is  no  baitery  :  But  is  it  necessary  for 
i\Ir.  Betht.'l  to  tlmiup  a  man  on  the  breast  ?  Is 
if  iK:cessary  for  '>ir.  Betliel  ti»  beat  a  man  iiitli 
his  cane?  Is  it  nooessaty  for  Mr.  Bethel  to 
give  a  uian  twenty  blows  Y  Is  it  necessary  for 
Mr.  liethel  to  pluck  a  man's  coat  off  his  back  ? 
Is  It  necessary  to  an  election  !*  it  is  not  neces- 
sary ;  anil  so  being  n^t  neeiissarj\  is  not  by 
law  j 'i^tifiuble.  GcMitli^irti^ii,  iv5  Mr.  Tbom|»on 
saith,  it  is  a  rase  (.f  example  ;  I  say  so  too; 
and  it  h  fit  person-,  tliat  nill  do  sa'.h  things, 
should  hti  inude  an  ixat.tple. 

Jastit'o  f^urs  alliirwards  sumnie<l  up  the 
evidence,  and  told  the  jury  (as  Mr.  Holt  the 
counsellor  for  the  king  had  before  wel!  oliserved) 
that  they  were  to  have  regard  to  the  positive  affir- 
n;ative  e\  idence.  Mason  having  sworn  positively 
to  several  blows  that  were  stnick  by  Mr.  Be- 
thel, and  that  eight  witnesses  had  sworn  in  the 
affirmative,  and  that  though  there  were  seven 
witnesses  pn)duce<l  by  Mr.  Bethel,  which  were 
on  the  negative  part ;  yet  they  were  t(»  obsen'C, 
that  the  law  din  not  allow  of  those  negative 
evidences.  But  for  that  so  many  had  sworn  in 
the  affirmative,  that  they  saw  a  thing  done,  and 
as  many  swear  that  tliev  saw  it  not;  he  coukl 
not  tell  what  to  say,  but*  to  leave  it  to  thejury, 
saying,  that  one  affirmative  was  better  thau 
forty  negative  oaths. 

^  the  Jury  went  out,  and  in  a  very  short 
time  were  pleafle<1  to  find  the  indictment,  and 
brought  Mr.  Bethel  in  Guilty. 

Then  Mr.  BethePs  connsel  moved  in  arrest 
of  judgment,  for  tliat  no  indictment  lay  for  the 
wiirds,  and  the  court  ff^r  that  i'<*ason  *staid  the 
judgment,  as  to  that  part  of  the  indictment, 
and  gave  judsjrnejit  only  as  ti»  tht>  assault  and 
linttery,  and  ntieil  i^Ir.  Jtethel  i\\e  marks. 
U[)oii  ubich,  the  counsel  for  the  king  mo\e<t  to 
have  him  taken  intn  cu^^Mdy,  until  he  paid  the 
fine ;  whittlj  }i»:  i>it-S4.riily  ^•:Md  and  was  dis- 
r!)  «r|M*  I 


'■ 


.  pTQceediiigs  at  the  Old-Bailey,  upon  a  Bill  of  Indi— .^ 
for  High  Treason,  against  Anthony  Earl  of  SuaptesbpRt; 
33  Charles  II.  November  24, 


of  Indictntitt| 

illAFTESBCHT.™ 


i.D.     16 


TLe  Grand  Jury  ; 

Sin  Samuut  BamBTillston,  JokD  Morden, 
llioniBs  Pi>|ilUoii,  Julia  Dubois,  CharWHesHe, 
SdWaiil  Huilfi^e,  Humphn'y  Bdiviii,  John 
Morrioe,  Edmuiul  Baa-nfinn,  Jow|th  Wriglil, 
Jobn  Con,  Tbamas  Psikcr,  Leonai'd  lUibiiisoo, 
'tboama  Bhepbenl,  John  Flarcll,  Miclmel 
Goilfrev,  Joseph  RichanJion,  William  Emp- 
■on,  Andrew  Kcudridi,  John  Lane,  Jubn 
Hall. 

TbeOuli. 


lili  gently 
okc  oralis 


■•'prpranUneiils  mokGorall  such  matters,  arlidijs 
■  anil  tilings,  sis  shall  be  gif  en  you  in  charge,  as 

*  of  all  ulliev  iiinllerB  and  thii^  as  shdl  cume 

•  Hi  your  o«n  knowledge,  Unidiingthis  [iresent 


<  Dorvlce  ;  the  kind's  counsel, yunrftliowB  bd^ 
'your  own,  you  utall  keep  (tecret;  you  shall 
*  pKeeut    no   peraon  for  hatred   or    maliee  ; 


■  shall  {ireseut  Ibe  truth,  th«  ivhole 

'  nothing   but  lUe  tviith,  to  the  best  of  you 

'luioult-dgc.     Solii'lpyou  God.' 


L.C.  J.  (Pembemia-)  Gentlsncnofib 
Jury,  we  are  all  met  bere,  in  que  ol'  ibt  twtf 
soleuin  Msembliea  of  this  oktion  ;  it  it  oua 
the  execution  of  justice  upon  such  as  dialtk 
found  oHendere,  and  Guilty  ot'thebreacb  «flk 
king's  laws. 

Thiii  coiumissimi  by  which  wc  Mt,  Hi 
yousresumuiODed,  dothinititulureena^li 
all  offences  whatsoeTer,  an^nst  tbe  Um  4 
the  land,  treuxons,  misprisiAns  of  titMi^ 
tclouies,  and  all  other  crimes  and  oCemV 
against  lliekio^  and  bis  governnxnt,  eiui>9 
arevuli^rly  railed  Pleas  of  the  Ciainii  tkq 
all  fall  under  oiir  cognizaocc  and  yiMT  «Bpl|l 

■  general  manner..  But  I  raiu4  teOjMh 
there  Is  a  particular  occasion  for  thitcem*. 
aionMlhu  time.  Ills  luajesly  Uaiiag  liAk< 
motion  of  some  eiil  lr«ilerans  desigM  MM 
his  iterson  and  govtrtiment,  has  thought  ■  4 
direct  a  due  examinulion  of  ibeu,  and  ibtffe 
persuiH  msv  lie  brought  to  condign  nari 
meut  who  snail  be  found  Guil^  ihereof,  % 
must  not  dieretbre  esped  any  genenlM 
fiirmid  elisrge  Ironi  me  ;  Tridv,  1  tarn*  toil 
thisnioming,  witli  an  appreheoKion  Hud  )* 
h»d  your  directions  given  you  bdbre,  bgrlh 


'  "  A  bill  of  indtclmenl  iras  presented  to 
the  (^and  jury  against  lord  Sbatlesbur}^.  The. 
jury  U'BS  composed  of  maiiy  of  Ibe  clitef  dli- 
sehu  of  London.  The  witnesses  isere  exa- 
mined in  open  court,  cuntmry  to  ibc  iLinal 
custom :  Trie  witnesses  swore  many  incredible 
things  against  him,  mixed  with  otber  things 
thkt  looCed  very  like  his  extranigaumay  of 
talking-.  The  dtnught  of  the  lusociation  was 
idM  brought  as  a  proof  of  his  treason,  though 
it  wns  not  laid  iu  the  indictment,  and  was 
proved  only   by   one  witness.     The  jury  rc- 

ried  '  Ignoramus'  upon  the  bill.  Upon  this 
court  did  declaim  with  open  mouth  against 
Ihew  juries ;  In  W-hicb  they  said  tlie  spirit  of 
tfie  party  did  appear,  since  men  even  upon 
wHb  sbewetl  they  were  resolved  to  lind  bills  or 
'T^onui)  us,'  as  they  pleased,  without  refjardinK 
l))e  evidence.  Ana  upon  thit  a  new  set  of  ad- 
dresses went  round  the  kingdom,  in  which 
thev  espnssed  their  abhorrence  of  tfant  as- 
socialion  tbund  in  lord  Sbaflsbury's  cabinet ; 
and '  complsined,  that  justice  was  denied  the 
king ;  which  were  set  off  with  all  the  fulsom 
rhetoric  Ibat  the  penners  could  varnish  them 
with.  It  ivos  upon  this  occa:sion  said,  that  the 
gnndjiiry  ought  to  lind  bills  even  upon  dubious 
evidence,  much  more  when  uliun  treason  was 
■worn ;  since  all  they  did  in  findiog  a  bill  was 
only  to  bring  the  person  to  his  trial,  and  then 
the  tklsbmiil  of  the  witnesses  was  to  be  de- 
tected. But  in  defence  of  these  '  IgDoruniun' 
juries  it  was  said,  that  by  the  ex^iress  words  of 


their  oath  Ihey  were  bound  to  make  tnir  p* 
scDtroenta  of  what  should  appear  truetothinL 
And  therefore,  if  they  did  not  Itclieve  the  «t  I 
donee,  they  could  not  find  a  bill,  ihnu^b  nNdil 
to.  A  bo*^  was  writ  to  sup|>ort  tliat,  in  wM ' 
Ixtth  law  and  reason  were  brought  to  cuofiob] 
it :  It  past  as  ivrit  by  lord  Bbrf-v,  though  I  o^  ' 
deiBtiwd  afterwards  it  was  writ  by  Somer»,*to' 
wax  much  ejitecmed  and  often  visiled  b;  Vwi 
Essex,  and  Kbo  trusted  himself  tn  liim,  u^ 
init  the  buit  papers  that  came  out  in  that  tin*. 
It  is  true,  by  the  pmctiee  ibat  had  geocnllf; 

Erevailwl,  grand  juries  were  easy  in  liiid)l( 
ills  upon  a  slight  and  probable  evulcoce.  &4 
it  was  mode  out,  that  the  words  of  tkeit  MriK 
and  the  reason  of  the  Uw  seemed  tn  oHigf 
tbem  to  make  no  presentments  but  such  ostk^ 
believed  to  be  true.  On  the  other  hand  a  fOn 
vateill  opini-inof  a  witneHB,or  the  looking* 
a  matter  as  incredible,  did  not  seem  to  warnd 
the  return  of  an  '  ignoramus :'  That  scemtdH 
belong  tu  the  Jury  of  life  and  death.  1^ 
chief  complaint  that  was  made  in  the  addiMM 
was  grounded  on  their  not  finding  the  htllM 
the  aivwunt  of  the  draug-ht  of  the  asaodaliM: 
And  this  wiw  in  many  refipe<-ts  verj'  unn»sM< 
able.  For  as  that  iva.s  not  laid  in  the  bill,  M 
there  was  but  one  witness  to  prove  It  ;  nor  iU 
the  matter  of  the  paper  rise  »p  U>  the  cli*lC< 
of  high  treason.  And  now  DugiUle  andT» 
bervile,  who  h*il  been  ilic  witnesaes  vfU 
whose  evidence  loni  HtafTiird  was  eoadanW 
being  withiu  a  year  delected,  or  M  laMII* 


STATE  TRIALS,  33  Charles  IT.  l681.— «Af  Earl  of  Skmjieshwry.       [762 


der ;  for  it  is  our  usual  "vvay ,  not  to  come 
:lie juries  are  sworu  in  tlils  place,  and 
directioDs  given  tliem ;  but  since  1  find 
srwise,  I  take  it  to  be  my  duty  to  say 
:hiiig  toyou,  but  shall  not  go  alniut  now 
Jse  any  such  formal  charge,  as  in  com- 
ons  of  this  nature  is  wont  to  be  done  ; 
»  giTc  an  account  of  all  offences  that  fall 

d  of  this  f  illany,  1  could  not  but  reflect  on 

he  said  to  me,  that  he  uas  confident  I 

id  flee  within  a  year  that  the  witnesses 

d  be  found  to  be  rogues."     1  Burnet,  508. 

DoUedge's  blood  was  too  mean  a  sacrifice 
peaae  the  oflemtinpc  ghosts  of  the  martyred 
an  saints,  and  was  out  an  inlet  to  spill  nobler 
I;  therefore  upon  the  Sist  of  Autnist  he 
executed ;  and  upon  the  24th  of  Novem- 
uUewing,  I68I,  the  earl  of  Shaftesbury  had 
I  of  Hiffii-Treason  at  the  sessions  of  the 
Beiley,  lioodon,  preferred  against  liini. 
Udod  the  20th  of  April  1G79  the  king  after 
ltd  aem  tlie  duke  into  Holland,  dissolved 
lid  privy -council,  and  chose  a  new  one, 
peoftlie  earl  of  Shaftesbury  \«as  president; 
b.iiariiament  declared  the'ill  cffc'i:ts  he  had 
[(l.ct'  siujjfle  councils  and  cabals,  and  tliere- 
'Jbd  uiade  choice  of  this  council ;  which, 
lit  the  advice  of  his  great  council  of  par- 
m(whicli  he  would  often  consult  in  all  his 
{biy  and  importaut  affairs)  he  would  be  ad< 
i  by  this  privy-council  ;  and  to  take  away 
^dousy  lluit  he  was  influ<>nc*ed  by  £^)pisn 
Kik,  lie  had  sent  his  Brother  Inr'yond  sea. 
But  n»>w,  ffuunto  2/iUtutNS  !  \o  in<»rr  par- 
Mils  BO  long  as  this  king  lives.  Tiie  coun- 
vhuseadi  ice,  next  the  parliament,  he  woidd 
\  is  now  dissolved,  and  the  prrsi(lent\  life 
Might  for  ;  the  duk«of  late  sent  away,  tiiat 
Bigbt  not  iikfluence  the  king*s  councils, 
nr  retiinied,  and  govrnis  all,  and  niadr 
fe  cuuiUiisjsiomT  of  Sfoilaiid,  whrre,  nt  tliis 
1^ he  is  cuutrivifig  the  destnidion  of  the 
■  etrl  of  Argy le,  whilst  his  bruther  is  doing 
'  of  my  lord  of  Sluiftesbi  ry,  anil  Itotli  at^ 
r  parts  under  the  veil  <  I  'sru'i-eil  justice, 
bow  to  briug  llio  t-arl  of  Sliafti-sbury  u}K)n 
Mage,  was  luaurr  of  great  eTii|niry ;  other 
dice  besides  Irish,  and  lhr»se  ( -olUflge  had 
iffled,  could  scarce  he  found,  and  this-  n  i- 
x'tnasli'ared,  vvfiidd  no  more*  pr^rvajl  nnon 
Mkui  Grand  Jur^-,  than  hrtbre  it  i!:d  \t  hen 
Uiwas  pretmed  at;aii;st  C«ll<Mljfo. 
Captain  lleiir^Wilknison^ras  a  YorkHbire 
Imaii  who  ha%ing  servL-d  kin<jf  (.'liiu*le8  I. 
and  1)cen  very  instrunieiitui  in  the 
of  king  Charles  II.  being  t:>!k-n 
ly  (a  fate  usually  atten«iing  the  tiivalirrs 
'  Mrred  either  of  tnosc  kint^s)  was  ibi'  his 
Bnoga,  integrity  and  honesty,  prefem'd  by 
iKtiof  Cmvcn  and  Shatteshurv  to  Im;  (jo- 
■r  of  Cwoltna,  and  one  of  his'sous  to  be 
wjor  tiencral  of  it,  and  another  a  register. 
IMD  Wilkinson  made  use  of  the  little  stock 
■4  left,  and  such  credit,  as  he  could  pro- 
V-tD'  fit.  himself  upon  this  account,  and 


under  your  enquiry  of  a  Grand  Inquest,  im- 

f  Manuel  led  by  virtue  of  such  a  commission  at 
arge  ;  nor  must  you  expect  I  should  acquaint 
you  with  all  the  crimes  that  you  may  enquire 
of  as  such  an  Inquest. 

I  shall  content  myself  so  far,  as  on  the  sud- 
den I  can  recollect  my  thoughts,  to  acquaint 
you  with  the  nature  of  those  bills  ;  with  the 

hired  a  ship  called  the  Abigail,  and  Tk*tualled 
her  for  the  master  and  ten  men,  and  such  oUier 
passengers  as  he  should  take  in. 

*^  In  this  number,  one  Mr.  John  Booth,  de- 
sired that  he  and  his  f^'dy  might  accompany 
the  captain  to  Carolina,  which  was  agreed  to; 
but  the  i*aptain  being  under  several  disappoint- 
ments, and  the  chai^ges  of  the  ship's  Wing  m  the 
river  four  months,  unsupportable,  ne  was  ar- 
rested and  thrown  into  the  Compter;  from 
whence  he  remorcd  himself  to  tne  King's- 
bench.  The  captain's  necessities  were  equal, 
or  more  than  those  of  the  Irish  evidence ;  but 
the  captain  (at  least  as  he  supposed)  had  no 
need  of  a  pardon,  for  any  thing  desifi^ed  against 
thekitig  and  go\  ernmeut,  as  tne  Irish  evidence 
had ;  so  the  first  attempt  upon  him  was  to  hire 
him  to  give  evidence  against  my  lord  of  Shaftes- 
bury. 

^^  If  Einpson  and  Dudley  were  so  zealous  to 
fill  Uenry  the  Seventh's  coffers,  by  straining  the 
penal  laws  to  utmost  rigour,  as  the  vogue  went, 
Graham,  Baynes,  and  Burton,  were  as  zealous 
to  pack  juries,  and  procure  evidence  for  carry- 
in;^  on  tins  black  design. 

"  Upon  the  Utli  of  October,  Baynes  made 
his  first  attni'k  tipon  the  captain,  and  told  hini 
that  he  had  been  lately  with  Mr.  Graham,  who 
had  a  gi-eat  int(*re>t  with  my  lord  II.  and  that 
the  captain  rt)uld  not  but  know  much  of  my 
lonl  ShaftosbHry's  do.si;;^ijs,  and  that  he  had 
now  a  tlesired  opportiumy  10  discover  theiu  ; 
and  urgerl  the  captain  not  to  d«'nv  the  proffer, 
and  that  he  need  not  fear  liis  getting'  a  pardon  ; 
but  the  captain  was  cmstaut  that  he  knew  no- 
tliipg  of  any  such  design.  By  this  time  Booth 
was  a  prisoner  in  the  King's-bench,  as  well  as 
the  captain ;  and  upon  the  11th,  Booth  at- 
tacked the  captain,  and  told  him  he  might  have 
h^\h  per  annum,  or  10,000/.  if  he  would  dis- 
cover uliat  he  knew  of  my  lonl  Shaflesbury's 
design  against  the  king,  and  that  the  captaiu 
should  appear  at  court,  and  liave  assurauce  of 
it  from  persons  of  honour;  hut  this  wrought 
not  iifion  the  cstptain  neither.  Upon  the  13ih 
Baynes,  1^>oth,  and  Graliam  renewed  the  pro- 
mises Ba}*!!*?!)  and  Bootli  had  made,  and  that 
he  shoidd  have  the  king's  promise  for  the 
saute,  and  his  royal  wonl  for  a  reward  for  his 
sufferings ;  and  tlut  Graham  was  sent  by  s<»me 
of  the  council  to  bring  th(!  f:a|itain  to  the  king, 
and  that  he  had  an  order  for  it.  But  all  would 
not  do  ;  for  tlie  captain  was  resolved  not  to  go 
to  Whitehall,  if  he  could  help  it.  Upon  the 
1  lib  Booth  told  the  captain,  that  l^Ir.  Wilson 
nu  lorrl  Shafleslniry's  secretary,  (who  was  • 
pnsuner  in  the  Gate- house)  had  stiit  to  the 
council,  that  be  would  come,  and  discorer 


763]  STATE  TRIALS.  33  Charles  II.  iSsi^Prttcadingg  againtl 


eoquiry  whereof,  you  ahall  al  present,  upon 
this  occawon,  be  tmubted,  and  jour  July  con- 
ceniitut  t^i"  ^"■jO'iT-  1  iiinlcil  to  you  atliisi 
(hftltbey  ue  costtera  ol'  Higli  Treaaon,  which 
is  k  crime  of  the  ^eatcst  uul  higbect  nikturc  of 
any    orimv   thai   can    be   committed   ugniusl 


he  kueir,  and  therefore  he  oip^J  ihe  captain 
10  baveUie  honour  <if  being  the  tirndibcoveivr, 
and  that  to  the  former  pramiEis  tlie  captain 
should  bare  500/.  per  annum  settled 'no  biui 
ia  Ireland  hy  the  duLe  of  York :  But  ail  l<>  no 
purpotie. 

"  Upon  the  15th,  Booth  and  Baynes,  atlaeked 
ibecaptainagaiu  ;  Tlie  captain  ankml  Buyues 
why  he  tras  so  urgent  for  bis  letiliiiiouy  ; 
Baynes  answered.  That  us  yet  they  bad  none 
but  Iri*h  evidence,  wliich  would  not  be  be- 
lieved ;  but  it'  llie  captain  came  to  it  lie  was 
not  bleinisheil  ill  his  credit  ;  and  then  Baynes 
told  him,  if  he  would  not  go,  he  had  a  Ha- 
beas Corpus  from  niy  lord  chief  juBtice  Fem- 
berton,  m  carry  him  to  Whitebsll. 

"  In  the  Bttentoon  the  eaptaia  was  carried 
by  bta  tlabean  Corpus  to  Wbilehall,  and  exa- 
mined in  the  secretary's  office  by  my  loi-d  Cod- 
way,  aiid  secretary  JenkiuB  j  and  iii  his  exa- 
tnuiation,  in  comes  the  king  into  the  ofHre,  as 
before  he  had  done  into  the  duttbess  of  Ports- 
mouth's chamber,  when  my  lord  U, 


man:  Other  crimes,  a«  felonies,  riuts,  In*- 
passes,  and  things  of  tliat  nature.  lhe>  nt^ 
occsKion  diiiorders  aiid  troubles  in  a  ttatt  w 
a  kingdum ;  but  1  must  ui\  \on,  treaton  Ntika 
a(  the  rout  and  litie  of  all :  fi  lends  to  dtsirey 
the  Tery  g<»cnimenl,  both  king  and  subjeeo. 


and  hoped  lit  iMiutd  not  now  decline  his  ubcxli 
ence  ;  lo  wliicti  (he  ca|itain  answered  h 
deserved  to  be  suspedcil.  Then  the  king  told 
him  he  hod  not  (he  op^wrtuuity  to  sene  bii 
friends,  but  hoped  he  might:  Then  the  kiiiu 
examined  biin  what  he  knew  of  mv  lord  Shat- 
tesbory  having  a  desien  aganist  nis  person  : 
but  the  caplaiD  upon  his  oath  denied  that  he 
knew  any  thing,  so  the  king  left  him  to  the  i'ai- 
Iher  examination  of  secretary  Jenkins. 

"  But  this  business  did  not  stay  here  ;  fur 
the  captain  was  carried  into  anuiber  room,  when 
ivere  present  the  king,  my  \oTi  chancellor, 
the  lonl  chief  Justice  PeniMrton,  and  several 
oihiT  of  die  nubility,  with  Graliaui,  Baynes 
and  Booth  ;  where  my  lord  chancellur  was 
very  sharp  upon  Oie  captain,  and  put  several 
quCsliuns  to  bini,  which  bee  " 
and  told  the  captain,  there  were  two  sorts  of 
advaBceinent^,  and  IhnI  thi.-  captain  was  Lke 
to  come  to  his  trial  before  the  lonl  ShaAesbi 

"  Tlie  business  was,  Booth  bad  sworn  i 
the  captain  had  a  commiasian  from  my  lord 
Shaftesbury,  for  a  troop  of  fifty  men,  to  be 
my  lord's  giiacdk  against  the  king,  and  that 
Booth  waslisted  in  it  :  Tbis  Booth  bad 
but  wassoimfU'lunate  in  it,  as  to  sw 
waa  when  ihe  parliament  was  at  Oxford,  at 
tvhirh  time  llie  captain  was  making  his  pre- 
paraiions  for  his  iutemled  govcrnuieut  oi'  Caro- 
lina :  but  whetlier  the  king  believed  the  cb|i. 
tain  or  Bootli,  is  unknown  ;  but  it  stopped  licre 
and  the  captain  waa  no  higher  advanced  upou 
Booth's  oalh,  nor  could  be  prevailed  upon  to  be 
a  witness  against  my  lonl  shaAesbury,  though 


bis  wile  was  as  muvli  templed  lo  have  it  to,  m 
the  captain  was  ;  iw  tiic  laptain's  only  odiuK*- 
~    ~l  waa  to  be  ^emandt^d  lo  prison. 

Howevisr,  it  vtas  rf»olv«tl  that  my  M 
Shaftesbury  should  be  prosecuted,  and  wi  i^ 
the  UVb  ot  November  a  bill  of  High-TmM 
ks  prelerred  against  him  lo  the  (creal  inijnid 
■he  sessions  lionsc  itu  the  Old  Baili^- :  iti 
Uaj'nes  proved  a  true  prophM,  dioii|rh'  BoHk 
swore  lo  the  captain's  commnml  of  fifty  nas, 
to  be  a  i^ard  lu  my  lord  ;  lor  ihe  jury  iwilkB 
lielieveu  him  nor  tlie  evidcuceso  h^M  at  (.'•!■ 
ledge's  trial,  nnr  tlie  Irish  evidence  addoll* 
that,  and  so  relumed  an  '  IgnorBmuji'  apan  it 
Suelouius,  ill  the  litif  of  'HberiuF,  mjib,  k 
n*  could  have  maile  such  ravages  iip« 
Ibe  Romau  empire,  and  excrcisHl  such  i*m> 
ties,  if  he  had  not  been  backed  by  an  othciow 
and  dauering  sunale,  which  carried  the  bn 
of  justice  ill  it  :  And  tbiiugh  it  be  evidcA 
that  lur  near  eighty  years,  tliese  three  kiagitf 
the  Scotliah  r»i;e  hud  been  endeaioru-ing  to  » 
tablisb  on  arbitracy  aodtyrannica]  govemmnL, 
over  Ihia  iiatinn,  j^t  exocnt  kiiw  Jamea  tbr  (A 
who  if  his  necessities  had  iM  nrced  him,  wmH 
have  never  bad  a  purliament  after  ihe  llrsl ;  >ai 
who  by  bis  own  authority  created  so  muij 
monopolies,  and  bcnevolcucre,  and  in  tbe  nu- 
hamentof  tbe  Igth  and  18th  vHirs  ofliisrogn, 
without  any  colour  of  justice,  imprisonoj  h 
many  worthy  gentlemen,  witlwul  the  hencAif 
[I^ieag  Corpus's,  for  their  debates  in  pariia- 
lueiil ;  yet  thew  other  two  pretended  to  iw 
their  tyi-uuiiies  uniler  Ibe  form  of  justice,  uJ 
tbsretote  Charles  tbe  Fitit,  after  h«  fivli 
ycsrs  together,  bail  nul  only  e);c4«ded  bis  &■ 
tlier  in grantiiigmoiiopolies,aiid raisiug moMJ 
by  loans,  benevuleuceN,coataiid  conduct  uraoff; 
but  abo  in  taking  th«  customs  wilbout  grant  rf 

Kriiament,  and  such  as  were  neier  giaiM' 
parliament ;  and  in  further  i-aisiog  skip 
money,  and  imprisoniiig  the  members  of  ptf- 
bament  wilhout  benelit  of  their  Habeas  Cor- 
pus's; jet  he  thought  best  lo  do  ii  by  suck 
judges  ai  he  should  make  :  So  tbis  king,  i> 
the  exarutions  of  Fitsharris  and  Colledgt, 
wouldhavu  the  colourof  justice  by  a  loim  d 
law,  Ibr  which  there  v  as  no  law. 

"  Bui  as  ibe  knights  of  Malta  could  mak* 
knights  of  their  or£r  for  eight  peace  a  piece, 
yet  could  nol  make  a  soldier  or  seaman  :  So 
these  kingH,  though  they  could  make  what 
judges  they  ideusetl,  tu  do  titeir  business,  yA 
could  not  make  a  grand  jury,  fr«m  whom  iha 
Judges  in  all  criminal  cases'  between  the  king 
and  subjE^4  must  take  thcii'  measures  :  ThciB 
"rand. juries  in  London  are  retunied  hy  tbe 
sherifls,  and  llie  sheriffs  are   chosen  by  the 

>'  This  difficulty,  oAer  my  lord  SbaAabBry'i 


iT& TRIALS,  S3  CiiAKLES  n.  1681.— fAe  Earl  of  Shafteihiry.      [766 


,  interests  and  liberties  of  ;ill,  and 
always  been  looked  upon  as  a 
most  notorious  nature  tiiat  can  be 
nd  accordingly  punishments  have 
■d  ibr  it  of  the  nighest  and  sevn-est 
riierc  \f^s  at  common  law  gi*eat 

court  to  their  trumpi!,  and  at  pre- 
to  their  proceedings  :  The  assis- 
iuke  of  York  was  necessary,  but 
e  was  busy  in  Scotland,  as  before 
ger  Coke's  Dete(nion,  30R. 
istic  account  of  Shaftesbury  printed 
eian  Miscellany,  vol.  5.  j».  368, 
le  of  '*  A  brief  account  or  many 
passages  df  the  life  and  death  of 
(vf*  Hhaftsbury,"    &c.    concludes 

^Ve  one  memorable  passage  said 
d  b(;tween  the  earl  and  some  of  the 
soon  after  his  commitment ;  the 
meeting  accidenitally  with  one  of 
rds,  he  was  asked  by  iiim,  *  What 
p  did  there,  and  that  he  little 
lavehis  good  company  ?'  to  which 
Ihaftsbury  repliea,  *  That  he  had 
sick  of  an  ague,  and  was  come 
e  some  Jesuits  powder.'  It  was 
the  whole  time  of  his  lordship 
Tower,  he  remained  very  cheer- 
hat  could  have  been  ex^iected  from 
(uring  under  such  extreme  pains 
During  the  carl's  imprisonment, 
it  their  business  to  detract  and 
md  it  was  their  mode  to  drink  his 
n  hempen  string,  and  call  him 
kin,'  (alluding  to  the  tap  which 
ilicd  upon  the  breaking  out  of  an 
king  or  Poland  !*  (It  was  a  stand- 
ong  the  opponents  of  Shaftsbury, 
d  to  be  chosen  kinc^  of  Poland  at 
when  John  Sobieski  was  electcHt.) 
I's  trial,  it  is  reporte<l  he  arrest- 
!s,  one  of  the  witnesses,  for  a  con- 
r  several  others;  but,  being  not 
hare  his  trial  against  them  in 
Middlesex,  he  remitted  the  same 
opportunity." 

mry,  afraid  of  a  trial,  offered,  if  the 
,  to  go  and  live  in  Carolina.  Tlie 
lerlain  was  for  the  kin^*s  hearken- 
."  Macphrrson*s  Life  of  king 
Second,  written  by  himself.  Sec 
tion  to  the  Case  otlord  Clanmtlon, 
1,  of  this  Collection. 

very  acrimonious  against  Shaftes- 
in,  too,  is  Tery  severe  upon  liim, 
» tome^Qalificaition : 

» to  all  tacceeding  ages  curs'd ; 
and  crookH  counsels  fit, 
abd  turbulent  of  wit ; 
«  principles  and  place, 
*npatient  of  disftrnce : 
working  out  its  way ^ 
to  dfcaj, 

ofday. 


variety  of  opinions  concerning  treason,  and 
there  were  many  disputes  about  it,  wl|at  should 
be  treason,  and  what  not ;  and  therefore  it  was 
thought  fit,  by  the  wisdom  of  our  ancestors, 
to  have  a  law  to  declare  treason  ;  and  by  the 
statute  of  the  3.5th  of  Ed.  3,  there  was  a  plain 

A  during  pilot  in  extrewity ;  '[high. 

Pleas'd  with  the  danger,  when  the  waves  \vent 
He  sought  the  storm ;  but,  for  a  calm  unfit, 
Would  steer  too  nigh  the  sands,  to  bo  rst  his  wit. 
Great  wits  are  sure  to  madness  near  allv'd, 
And  thin  partitions  do  their  bounds  divide ; 
Else  why  should  he,  with  wealch  and  honour 

bless'd, 
Refuse  his  age  the  needful  hours  of  rest? 
Punish  a  body  which  he  could  not  please ; 
Bankrupt  of  life,  yet  prodigal  of  ease  ? 
And  all  to  leave  what  with  his  toil  he  won, 
To  that  unfeather*d,  two-legg'd  thing,  a  son ; 
Got  while  his  soul  did  huddled  notions  try. 
And  born  a  shapeless  lump,  like  Anarchy. 
In  friendship  false,  implacable  in  hate ; 
Resolv*d  to  ruin,  or  to  rule  the  state. 
To  compass  this,  the  triple  bond  he  broke ; 
The  pillars  of  tlie  public  safety  shook  ; 
And  fitted  Isr'el  for  a  foreign  yoke : 
Then  seiz'd  with  fear,  yet  still  afiecting  fame, 
Usurp'd  a  patriot's  all-atoning  name  : 
5>o  easy  still  it  proves,  in  factious  times. 
With  public  zeal  to  cancel  private  crimes. 
How  safe  is  treason,  and  how  sacred  ill. 
Where  none  con  sin  against  the  people's  will ! 
Where  crowds  can  wiuk,  and  no  ofience  be 

known. 
Since  in  another's  guilt  they  find  their  own  ! 
Yet  fiime  deserv'd  no  enemy  can  Erodee ; 
The  statesman  we  abhor,  but  praise  the  judge. 
Fn  Isr'el's  courts,  no'er  sac  an  Abethdin 
With   more  discerning  eyes,  or  hands  more 

clean ; 
Unbrib'd,  unsought,  the  wretched  to  redress. 
Swift  of  dispatch,  and  easy  of  access. 
Oh  !  had  lie  been  content  to  serve  the  crown 
With  virtues,  only  proper  to  the  gown — 
Or  had  the  rankness  of  the  soil  been  freed 
From  cockle,  that  oppress'd  the  noble  seed-* 
David  for  him  his  tuneful  harp  had  strung. 
And  Ileav'n  had  wanted  one  immortal  song. 
But  wild -ambition  loves  to  slide,  not  stand, 
And  fortune's  ice  prefers  to  virtue's  land." 

**  A  martial  hero,  first,  with  early  care. 
Blown,  like  a  pigrny  by  tbe  winds,  to  war ; 
A  beardless  chief,  a  rebel  ere  a  man ; 
80  youni^  his  hatred  to  his  prince  began. 
Next  this,  (how  wildly  will  ambition  steer !) 
A  vermin,  wriggling  in  th'  usurper's  ear. 
Bart'ring  his  venal  wit  for  sums  of  gold. 
He  cast  himself  into  the  saint-like  mould ; 
Groau'd,  sigh'd,  and  pray*d,  whjle  godUoess  was 

gain. 
The  loudest  bagpipe  of  the  squeaking  train. 
But,  as  'lis  hard  to  cheat  a  juggler's  eyes. 
His  open  lewdness  he  could  'le'er  disguise. 
There  split  tlie  saint ;  for  liypocritic  zeal 
Allows  no  sins  but  those  it  can  conceal. 


767]         STAT£  TRIALS,  33  Charles  II.  letL-^Proueiing^  agmUui 


declaration  made  of  what  was  treasou,  and 
what  not :  By  that  law,  *  Fur  any  one  to  com- 
*  pasi»,  imagine,  or  intend,  the  death  ol'the  king' 

'Whoring  to  icandal  gives  too  hirt;e  a  scope  : 
Saints  must  not  trade  ;  but  the^  may  interlope. 
Th'  ungodly  principle  was  all  the  same, 
But  a  grosb  cheat  betrays  his  partner's  s^nuie. 
Besides,  their  pace  was  formal,  grave,  and  slack ; 
His  nimble  wit  outran  the  heavy  pack  : 
Yet  still  he  found  his  fortune  at  a  stay, 
^Vhole  druves  of  blohckeads  choukiug  up  his 
They  took,  but  not  rewarded, his  advice;  [way: 
Villain  and  wit  exact  a  double  price. 
Pew'r  was  his  aim ;   but  thrown  from  that  pre- 
tence, 
The  wreich  turn'd  loyal  in  his  own  defence^ 
And  malice  reconcil'd  him  to  bis  prince. 
Him,  in  the  anguish  of  his  soul,  be  serv'd. 
Rewarded  faster  still  than  be  deaerr'd. 
Behold  him  now  exalted  into  trust, 
His  counsels  u(l  convenient,  seldom  just. 
E'en  in  the  most  sincere  advice  he  gave, 
He  had  a  grudging  still  to  be  a  knave. 
The  frauds  he  learnt  in  hisi'  anatic  years. 
Made  him  uneasy  in  his  lawful  gears  t 
At  best,  as  little  honest  as  he  could, 
And.  hke  white  witches,  mischievously  good. 
To  his  fir^t  bias,  longingly,  he  leans. 
And  rather  would  be  great  by  wicked  means." 

Mr.  Fox  in  a  letter  to  Serjeant  Heywood 
writes : 

**  I  am  qiiilo  glad  I  have  little  to  do  with 
Shaftrsbury  ;  for  as  to  r.iiikiiig  him  a  rral 
patriot,  or  trifml  to  our  itleas  oi'  liberty,  it  is 
inipossihU',  at  Uast  in  my  opinion.  On  th«> 
other  linnd,  he  is  very  far  from  iM-injLrtiie  drvii 
he  ib  df^riibcd.  liidc-cd,  he  seems  to  have 
iM'en  strictly  a  nuji  of  h<#iiour,  it' tlintpri)i'<r 
can  lK'i^i\in  to  on^  •h-^titite  ot  puulic  virtiK*, 
and  >^hu  did  uol  iiiitNider  i-ai'u:>li(  su^*  li-ilow 
rr(;atun*s  ;  a  iei  lirg  vi  ry  eommon  in  xhr.sv 
times.  Iioeke  was  piol«ibl\  <"a!i*j]it  h\  liis 
splehilid  (^ualitiLs.  Ills  eoitiat^'e.  his  I'peimebS, 
his  puJy /eal,  !iis  el«»qnence,  his  lair  lii  alio'JT 
witti  ills  ti'ien«U.  ami  his  sup.  rioiii^  io\;il- 
jfar  eori"tipl;i/!i.  l/;ke"s  (MvtialiLV  ini^lii 
Tiiaive  lilm,  on  tlu-  other  haivi. '.  i.ou  lo  the  in- 
ditieieneir  uilii  wiiieh  he  ^Sii  ,ii:  .>hiir\;,  es- 
poused either  iiio:i.ia  liM'ul,  ;;ii»,'.a';, , '»»■  re- 
puhiieau  piiiieip'esf  ;*>  lu>l  .s'jlied  liis  aii.hi- 
tiou  ;  hut  eo.iid  it  iii'ike  hi!>i  hliiul  to  the  re- 
leijtless  erui  lt>  ^uili  which  he  iK-r.^eciitefl  tlie 
papists  ill  the  ati'aiL'  of  the  popisU  plot,  ineiv  !> . 
as  It  shoiilil  seem,  ln'j-a.ise  it  suite  il  l!u-  [nirp«»-\  s 
ot'tlu;  pail\  Willi  whioli  h»' v*i.s  tlun  eiua'.'-.i!  ;' 
— \itn  know  tiiat  sJHiu-  of  lli«;  impi;i.iti«>as 
aiiairisi  him  an-  eerti.i.il^  ttl*^c:  the  siiMili'e^- 
iipthf  l'l\<'hnpu  r.  lor  msMiiee.  iiut  the  tun 
^ii-at  lii'Hs  olsiHiiiii  o'.i  the  Uii«ieiiles,  a-.l  liis 
foiidiiel  in  tlie  pujnsii  plot,  .a  ne\  er  Uv  w  ioimI 
oil'.  TIk-  >eeoii(I  DuUh  war  is  a  l>a«l  hu.-^ines-i, 
in  whieh  he  eai;'a^i:il  hcarti)\,  unil  in  wliieh 
(iiotwuh.staiuhii^  all  lus  ap  >h)i^ists  sa\  ,j  he 
wouhl  ha\i'  perM.'Vered,  if  be  had  uutfuuud  tho 
king  was  chvatiug  him/' 


for  I  will  giveymi  no  more  of  that  i 
coiiceniing  the  aemie  thereof,  than 
yonr  puqiose  now,  I  say,  by  that  lav* 

*  ]>ass,  imagine,  or  intenci  the  death  c 

*  and  todocfare  it  by  overt-act,  or  t< 
<  a;;ainst  thf  king,*  were  declared 
other  filings  hi  that  statute  mentk 
I  li|L;h  Treason  :  And  thin  hath  oblui 
among  us  over  since  ;  and  by  tha 
law,  ii(»tliing  is  to  be  accounted  tr 
what  is  therein  particularly  declan 
upon  many  emergent  oocasioDS,  t 
been  several  other  laws,  as  the  cas 
quired  now  and  then,  for  to  declare 
other  |>articuhir  crimes  within  the  c 
treasons  :  So  there  was  a  law  mad 
Elizabeth's  reign  for  enacting  sevc 
to  be  treasons,  during  her  me  ;  v 
made  upon  the  occasion  of  the 
malice  of  the  Roman  C-atholics  i 
and  her  go%  emment ;  and  so  there  I 
in  other  king's  reigns  upon  other  occ 

Amongst  the  rest,  it  was  thought 

parliament  assembled  here,  in  the  IS 

this  present  king,  to  make  a  partkni 

the  enacting  and  declaring  several  cr 

treasons,  during  this  king's  liie; 

great  grounds,  and  too  much  occai 

and  so  they  express  it  in  the  pream 

law.    The  wounds  which  the  then  la 

liad  made,  that  had  so  iar  obtaued  ui 

dom,  were  then  still  bleeding,  ripe  an 

dosed ;  many  traiterous  positions, 

seditious  principles  were  spread,  an 

tatiHHl  and  <jfained  toirting  among  th 

this  kiiii-'ilom  ;  and  the  narliament  I 

I  to  heli(>vethat  where  they  iiad  W-on  so 

l\  bent  air:^inst  the  kin»- and  his  taun 

I  tak.il  ofriiis  father,  and  niniiitaiiud  ^ 

!  (lan!j>*erMis  a  war  •'.^'ainsthim,  almost 

.  dt■^traeli(^n  and  eMnpaliwii  of  him« 

I  u;iHu\  suhjiU'ts,  and  ot  his,  and  all  ou 

projhrties  anil  liheitie^,    and   had  k 

'  trovi'il   a  flonrishiiiir  kiniitl')in  ;  hen 

reas.ui.  I  .say,  t<»  hi-  I'liiel'ul,  to  pre»« 

I  miselhvfs  tort h:- future  ;  therelorc, : 

;  thev  did  think    tit  t«>  make  a  new  l.i 

j  pni|M»se  :  a:i<l  v.  heieas  tlui  law  beli»r 

'  It  sli.i.iil«!  's-  irra-i»n,  to   eoinjia.ss,   i 

I  iiiK-nd  il  e  (le.ilh  of  the  kiii;^,  so  as  i 

j  i!:;-  il  !«>  i»\f;-t-uct  ;  nww  ihey  ihoiijr 

I  irt    tl.m-^-i  roils  to  sta>  till   an   o>ert- 

thelarc  the  inieMion  :   for  when  tiuM 

such    malieioiiN   and   evil    desiirns   : 

I  kinif  and  sn|irviiie  aiilhority  ;  and  th. 

,  {I. ev  ailed  s'l  tar,  as  t<)  m;ird;T  one  ki 

ni'  il  anothi-r  ;  ami  had  i;one  a  gnnil 

ileMMK-tioii  ot'the  uo\einiiient  of  thi: 

ah.-.i»hi:ely  to  roi>t  it  quite  out ;  the\ 

I  tilt  il,  as  iimch    as  they    eonld,  t<i  |i 

'  (It  sjuiis   l)el'ore  the\    should  ^iiiw  tu 

i  \eiii  ihemsehes  in  overt-acts  ;  thert 

I  rnaetrd  hy  tliai  statute,  niadi*  in  tin 

»»t  this  kmi;  .s  n  i;;:n,  *»  That  if  auy 

eompass,  imai^iiie,  or   iiiti-nd  tlie  d< 

km:;' or  his  destriu'lion,  or  aiiv  boililj 

might  tend  to  Ids  death,  or  dcstruct 


STATE  TRIALS*  33  Chakles  il.  l681.— ^fc  J^drl  of  Shaftesbury.      [770 


lio^  or  woundiu^  liis  person,  any  restraint 
»  liiMTtv,  or  any  inij>riHonni«iit  of  him  ;  or 
y  shouifl  design  or  mttiiifl  to  levy  any  >vur, 
ist  hini,  eitlior  witliin  the  kinp^loni,  or 
out ;  or  should  design,  intend,  eudf^avour, 
t>cure  any  foreign  prinoe  to  invade  tliese 
lominioDs*,  or  any  <itli<r  ofihe  king^s  do- 


skall  testify  to  you  Hiatters  to  make  sf^iod  tiie 
indictments,  then  yo<i  have  t^ruinid  to  lind  the 
in'.lictnientfl.     But  1  mngt  tell  you,  w  to  tlii<i 
case  of  \wo  witnesses,  it  is  not  ne<Mi:a:ii-y  that 
they  shoukl  be  two  witnesses  to  the  same  words 
or  to  wonis  s^Mken  at  f»ne  time,  or  in  the  same 
place ;    that  Is   not  lUMM-Msai'V  :    if  one   be  a 
ons^and  should  'Higniiy  or  dccliu-e^this  by  I  witness  to  wonls  that  iminirt  nny  ti  ailerons  de- 
writiug,  or  by  any  pi'eacliiiig  or  fninting,  i  sign  and  intention,  spi)kt-n  at  one  time,  and 
f  any  advised,  uuilicioiisk[»e:ikiu!^,  or  words,  I  in    one    plac4! ;     and    ahother    to^sitify    other 

seditious  and  trailrrous  wuids  &|Miken  at 
another  time,  and  in  another  place  ;  these  two 
are  two  good  >\Linesscs  within  this  statute,  and 
so  it  huth  been  solemnly  resolved  hy  all  the 


shall  be  higli  treascH).' 
ow  this  hath  altered  tlie  form<T  law  greatly, 
t*ially  in  two  cases  :  first  ns  to  levying  of 
;  the  intention  was  not  treason  l>efore,  un- 


it had  taken  eflfect,  and  nar  had  been  ac-  !  judges  of  England,  upon  a  solenm  occasion. 
ly  levieil :  and  then  as  to  the  designing  and  j  Look  ye,  gentlemen,  1  must  tirll  you,  That 
ipaiisingtheking'sdeuth,that  was  not  trea- '  that  which  is  referred  to  you,  is  to  consider, 
unless  it  was  declared  by  an  overt -act :  !  whether,  upon  what  evidence  you  shall  have 
>tLe  imprisoning,  or  resti^niug  of  the  li-  |  given  unto  you,  there  be  any  reason  or  ground 
y  of  the  king,  they  of  themnelvos  clone,  tor  the  king  to  ca'1  these  persons  to  an  accnOnt , 
e  not  high  treason:  but  now  by  this,  f  if  there  be  probable  ground,  it  is  as  much  as  yon 
thtaie  are  maile  treason, — by  this  law,  i  are  to  enquire  into :  you  are  not  to  judge  the 
agf  bis  majesty's  life;  and  the  wry  de-  !  persons,  but  for  the  honour  of  the  king,  ami  the 
ng  of  tliem,  whether  they  Uiko  eflect,  or  [  decency  of  the  matter,  it  is  uot  th<»ught  fit  by- 
take  cHect,  though  it  be  prevented  (before  '  tlie  biw,  that  persons  should  be  accused  and  in- 
'  wert-.'ict)  by  tJie  tjn:ely  prudence  of  the  dieted,  where  there  is  no  colour  nor  ^(round  for 
|iiidliisofiii«rs — though  it  should  be  time-  j  it;  where  there  is  no  kind  of  suspicion  of  a 
BHeiited,  tliat  there  is  no  hurt  done,  yet ;  crime,  nor  reason  to  believe  that  the  thing  can 
•  lay  design,  if  it  )>e  but  uitcixxl  nnd  s|M>i<en  j  be  provetl,  it  is  not  for  the  king*s  honour  to  call 
Imjf  ways  siguiHi'd  by  any  discourse  :  this,  !  men  to  an  account  in  such  cases :  therefore  you 
Mien,  IS  made  treason  by  tliis  act ;  and  '  are  to  enquire,  whether  that  that  you  hear  be 
ihilh  wnmglit  very  great  alteration  in  the  any  cause  or  reason  for  the  king  to  put  the 
fttf  treason  now  ;  lonnerjy  it  was  said,  aiul  )>arty  to  answer  it.  You  do  not  condemu,  uor 
I  truly  enough,  that  wonls  alone  would  not  !  is  thei-e  such  a  Ktritrt  enquiry  to  be  made  by  you 
Ibb  treason  ;  but  since  this  ik't.  gentlemen,  as  by  others,  that  are  sworn  to  try  the  fuel,  or 
jh,  if  they  import  any  malicious  dcsi:;n  issue:  n  probable  cause,  or  some  gnmnd,  that 
•sttlie  kmg's  life  and  government,  and  •  the  king  hath  to  call  these  persons  to  an- 
keriNis  intention  in  the  pai1y,  such  uunJs  are  swer  fi>r  it,  is  enough,  gentlemen,  for  you  to 
Mn  now  within  this  wX  :*and  tiiis  net  was  fnid  a  bill,  it  is  as  nnieh  its  is  by  biw  re<piirefl. 
fe  with  great  prudence,  and  uith  t;:re:it  care  <jentlemen,  you  nmst  consider  this,  'fhat  as  it 
ikeotftuat  undue  liberty  that  uitm  had  |  is  a  crime  lf>r  toeondemn  iniioec.nt  peiT.uns,  so 
91  tn  themsi'lves  ;  in  those  tiuuNof  lieen*  it  is  a  crime  as  ^ real  to  a4'quit  the  guiity  ;  nnd 
aufs,  people  had  taken  \o  theuiselves  an  '  that  (lod  tiiat  retpiires  <tnc  of  them,  rcipiiies 
neat  aiMl  undue  hberty  t(i  vent  all  their  =  b(»th  ;  so  tlmt  you  muKt  l»e  as  stiii-t  inlhcune, 
liims  and  malicious  minds  oue  to  another,  !  as  } oil  would  i)c  in  the  other.  And  let  ine  UM 
Nut  any  restraint  at  all :  therdiire  now,  j  you,  if  any  of  yuu  shall  Ik;  re.iiaetory,  and  w\\\ 
tinuen,  you  must  <M>nhider,  thai  words  if  not  Jiiul  any  bill,  where  there  is  a  probable 
f  sgnity  or  purport  aiiv  ti-a'it<'i-<>t:;>  iiueniion  i  ground  for  an  accu*;atioii,  you  do  themnmulcr* 
sign  io  the  paity,  either  iii;aiiist  tlie  king  take  to  iutercrpt  iuKli<*e ;  and  you  tiiorehy  inal:e 
bgnvemnient;  either  to  n-si rain  his  lilierty  yoiirsehe.-,  eriminuls  und  guilty,  and  tiie  fault 
nprison  him,  or  to  «lo  him  any  b-->dil\  hurt,  will  lie  at  your  dixir.  You  must  consider,  ^au- 
ly  crime  of  that  nature  ;  this  is  treason  '  tlemen,  vou  are  under  a  double  obligation  Tierti 
ID  this  act  of  iMi.liament.  '  to  do  ri;jf1tt ;    ^ouare   under  the  <»bIigHtiuii  of 

Bok  ye,  gentlemen,  now  us  to  the  indict-  Englishmen,  as  we  arc  all  meiidK.'rs  (d'one 
totfaat  shall  lie  brought  before  you,  \  oil  are  great  lunly,  uf  uhich  the  kMig  is  he:.d  ;  and 
nsider  tliese  things  :  1.  M  heilier  tlirMiiat- ;  you  areeiiga<^cd,  as  Eiiglishmen,  to  consider, 
miaincdin  tlieni,  and  uhieli  ymi  shall  liav«>  that  crimes  ut  this  natun*  ought  not  to  go  iiii- 
rideiice,  lie  mailer  ofUetison  within  the  '  punishe.l :  then  ymi  have  an  oath  of  (Jod  u|M)1i 
Mr,  or  tliis  act  of  parliament  7  And  here,  if  you,  you  :u'e  here'sv^orn  to  (hi  a(-<'ord:i.'^t(i  what 
doubt  of  it,  then  you  must  advise  with  us  -  the  eijdcme  is.  Now  therclore,  if  you  ha\e 
JM  cdmnissitMiated  by  his  niajesty,  to  hear  two  witiicwt  s  of  worvis  tliat  may  iin]Airt  a  tr(>a  - 
determine  tlu'se  criint-s ;  and  iii  matters  of  sonablc  de»i;;^i  or  intchtion  in  any  of  tho^' 
■re  abail  diivetyou :  and  you  are  to  enquire  parties,  against  whom  ;,ou  shall  have  iiiiliet- 
erehe  two  witnesses  that  shall   testity  the    mcnts  oil'ered  to  \ou.  xiii  are  Im»iIi  l.onnil  li\  llie 

inevideacc  to  you;  for  without  -  two  i  lawuf  nature,  as  you  are  nieml>ei-N  of'.  Ins  l.ody  ; 

■k  DO  man  is  to  be  uiii>eached  withiu    and  by  the  law  of  God,  sis  yfiu  ha\e  taken  um 
iliiWB ;  but  if  there  be  two  wituesscs  that    oath  upou  y  on,  for  to  fiud  those  bills, 
)U  VIII.  '3  D 


WS]:     *  -«flWIBtlIAl4^ 


«oC  ftw  tat  tel 

L.  a  J.  O^oftii).  OmHimm:  I  nMlJvr 
ncthioftoibitifywliat^ji^ 
«idr  If  wv  otmhAhmm of  m  AAfOBt 


opittOD,  we  wo«M-  lunrto  iMte  It  s  tfie  linie 

Ihil  wwiiiniV  ftiMlttta  4fl  lk«  Jndfrniweof 
ini  i^niim  ttMlIn  wlMt  d  Hw  jttdgw  ime 
iv^yMAMildaeqiiiMcft.-  I  mrttillTwi'ftND 

y^Ho^  ^?  j^  ^  **'*?'',^  *"?^  "^  towni 
HjiloiM'-  pnofiflij  in  flM^Qidfily  o^mww  Doii- 
M»;  tat'lfawe  oftn  <kMim  vlMra  it  lutth 
htm  (BteJMhjtihtm  whMk  puiiuettUi  ftr  tiie 
liar,  itui  eniepfM  baA  mi  fivoi  •pcnlj ; 
anf  tnerarluieir  H -daiiBd  r  Ifamy  ofiqjbri»- 
tiien  tliink  odterwke,'  I  tairt  tbey  would 
■bnk  ^  Imt;  I  ttA  too,  M'to  mj  ezperMsee, 
ttkristh^eMe^ 


•Bheri/^'P.  I  denre  the  wifaifei  inaj  be 
'  kepi  oiit  of  the  comty  and  eldM  OBebjr  one. 
.  -X.  C.  /.  It  M  a  thing  certiAiily,  th«t  the 
Ung^  bomiiel  will  not  be  afraid  of  doing  ;>  but 
flhwiift  do  not  nw  to  DMHv  any  tbhig  of  tfus 
Mtareihcortrt^andthaielbie'tknatyonrdaty, 
Mr.  Sheriff,  to  meddle  with  it.  . 

,  SktrWF*  Kwaa  my  duty  laat  time^  my 
IMftDd  appointed. 

.  4<f>  Oem.  (Sir  Robi  Sawyer)  Yoo  were  no-, 
^nainled'twas  not  your  duty  last  time^  aai  you 
appear  against  the  king.     - 

Then  the  Indictment  was  read. 

(London  S5.)  "  The  jurors  of  our  sovereign 
lortl  the  kin^,  upon  their  oaths  present,  thut 
Anthony  earl  of  Shaftesbury,  late  of*  the 
parish  of  St.  Martin's  in  the  Fields,  in  the 
county  of  Middlesex,  as  a  false  traitor  against 
the  n>ost  illustrioivs,  and  most  excellent  prince, 
our  sovereign  lord  Charles  the  2nd  by  the 
grace  of  God,  of  England,  Scotland^  France, 
and  Ireland,  king,  bis  natural  lord,  the  fear 
of  Cod  in  his  heai*t  not  having,  nor  weighinir 
the  duty  of  his  allegiance  ;  liut  being  mov^ 
and  se<luced  by  the  instigation  of  the  de\il, 
the  rordial  love,  and  true,- due,  and  natural 
obedience,  which  true  and  faithful  subjects  of 
our  said  soveiTigi)  lord  the  king,  towards  him 
oiu'said  so\ereigfii  lord  the  king,  should,  and 
of  rif^ht  ought  to  bear,  wholly  withdrawing, 
an<l  with  all  his  strength  intendini^  tl^c  peace 
and  common  titin«|uiHity  in  this  kingdom  of 
£ii;:lnnd,  \o  disturb,  aud  war  and  rebellion 
apfainst  our  said  sovereign  loi'd  the  king,  to  siir 
up  aiul  move,  and  the  government  of  our  said 
sovemjrn  bird  tlieking,  withhrhthis  kingdom  of 
Eni^lautl,  to  subvert,  and  him  our  said  sovereign 
lord  the  kin^r,  from  the  title,  honour,  and  regal 
name  <»f  the  im])enal  crown  of  his  kingdom 
of  England  to  depose  aud  deprive,  and  him 
our  said  sovereign  lord  the  king  to  death  and 
Hn^l  destrtiction  to  bring  ami  put,  the  18th  day 
of  March,  in  the  SSd  year  of  the  re»e^  of  our 
•OTereign  lord  Charles-  (?,  now  king  of  Eng- 
land, aod  divcn  other  da}  s  and  times,  as  well 


lofd  the  king,  and  then 
kingdesDi^EBgfaii^  to  eim^ph  nil 
wimlly^losiikrart^nBdlHmOiir  mid  m 
kud  tHe  king,  from  Antitln^  hoMmr^  sni 
name  of  his  imperinl  eMnni  W  tkin  kmi 
Kngiand  lo  dsiiiim  ami  dsiiiiM,n»dwM 
bsffiManiutevraommiiKBlmd  tiw 


moTeand  lery  within  tini  hingdtom  « 
kBd  ;  and  iM  Slid  mom  wieUi'tnaK 


timtsioiMi  oounnmca, 

aaid-ABtfaonv  emi  of  SfanAaabarrJ  an 
tmitor,  with  di?em  aimed  mm^  on^iemi 
sakl  aofereign  hard  the  hing^  theB'*bcii 
tioMnisly,  traitemnly  aad  ndsiaedly,  < 
▼ide  andineuase  then  to  be  aiding  m  \ 
said  eari  of  Shafteabory,  to  fidfiA  mid 
hiBtreasooa  albresaid,.  And  hia-  said 
treasons^  traitcnma  oompamtn,  inma 
and  purposes,  the  sooner  to  Mfil.oM 
hetbe  sakl  Anthony  end  e€  Shnfteabi 
ftlsetraitor,  with  ene.iolm  Beeth,« 
snlpecta  of mnr  said  lotd  drnking^  IhsB  ai 
tmnerously  assembled,  met  and  em 
nndtheaaroe  widifld  twanons,  and  tr 
compaases,  imaginationaand  nmyosmal 
then  and  then  to  Ae  said  Jobn  fins 
other  penona,  to  the  jonr  miknewi 
hearintf  of  direia  Regn  8n%eets  of  o« 
reigu  lord  the  king,  then  and  there  i 
openly,  publicly,  maliciously,  traiterot 
advisedly  did  say  and  declare,  aud  to  p 
and  induce  the  said  John  Booth  to  » 
and  assisting  in  his  said  treasons,  con 
imaginations,  and  purposes,  he  the  sa 
thony  carl  of  Shaftesbury,  as  a  false 
maliciously,  advisedly,  and  traiterous 
said  laih  day  of  March,  in  the  85d 
the  reigii  of  our  said  sovereitrn  lord^the 
the  parish  and  ward  aforesaid,  within  th* 
Londou  aforesaid,  falsely,  advisedly,  i 
maliciously  and  traiterously  said,  asset 
declared,  that  in  a  sliort  time  the  par 
was  to  sit  at  Oxford,  and  that  he  tlie  sa 
thonv  earl  of  Siiaiteshury  had  iiis|>ec 
elections,  and  considered  the  inclinati< 
dis[M)!>itions  of  the^  generality  of  the  u 
of  parliament  elected ;  aud  that  1: 
said  Anthony  earl  of  8hai\esburv  was  i 
that  the  parliament  would  insist  upo 
matt^^rs,  (to  wit)  Tl\c  bill  of  exclusion 
tlie  Oiike  of  York ;  the  ahc.lishing  tl 
parliament  of  the  3.ith  of  queen  Eli 
and  the  passing  of  a  new  bill  tor  unit 
protestant  dissenters ;  with  divers  oth 
and  wholesome  bills.  To  which  he  t 
Anthony  earl  of  Shaftesbury  was  oerti 
the  kind's  majesty  would  retiise  to  a 
royal  assent ;  and  theretbro  he  the  said  A 
earl  of  Shai>esbury  did  expect  that  thm 
be  a  division  between  the  king's  mmeaty 
parliament ;  aud  that  many  noble  m 
worthy  members  of  the  Lower  iiOTnB<l 


]     STATE  TRIALS,  33  Charles  II. 

in  the  nine  opinion;  andtliey  were  re- 
red  to  insist  upou  tbo  |»as8ing'  of  those  bills : 
1  it'  the  kind's  inajettty  retiwetl,  tliai  lliey 
aiuimr  him  the  said  Anthony  earl  of  >Sliai- 
wry,  and  the  said  noble  lonlsaiul  Wfulby 
lubers)  and  provided  strength  to  c»iiu|iel  the  > 
^*u  majesty  to  ^rnint  thereunto  :  And  that  , 
his  part,  he  the  said  Anthony  earl  of  '■ 
lAesbury  had  provided  stout  men  to  be  com-  | 
Ddod  hy  captain  \V  ilkiiis<m,  (meunin^  one  j 
Dry  Wilkinson,  one  of  the  subjects  of  our  ' 
V  sovereign  lonl  the  kin^jf ;)  of  which  he 
said  Anthony  earl  of  ^ihafu^bury  had 
ttd  that  the  said  John  Uootli  hliould  be  one. 
'  And  further,  tlio  jurors  aloresaid  upon  j 
ir oaths  do  say,  that  the  ai\>resaid  Anthony 
1  of  8liat\csbury,  his  said  wicked  treasons, 
ItraiteniuB  imaginations,  to  fulfil,  perfect 
I  hring  to  effect  atWwards :  to  wir,  the 
I  lathday  of  March,  in  the  3Jrd  year  of 
«aid  now  majesty's  reiKii,  in  the  parish 
i  «-^:nl  utfiresitid,  within  tiie  city  of  London 
nanid,  as  a  f.:lse  traitor  in  the  pn'!iCIiC(^  aud 
rin«?  of  divers  lii.f^e  peopti*  of  our  said  so- 
ni^ii  bird  the  kin*^,  then  and  there  present, 
■Iv  and  publicly,  falsely,  maliciously,  ad- 
sdfv  and  traiterously  said,  asserted,  pub- 
n£  and  with  a  loud  voice  declared,  that 
raid  now  lonl  tlie  king  wits  a  man  of  no 
fc,and  that  there  was  no  trust  in  him  ;  and 
t  our  said  lord  the  king  deserved  to  he  I 
nted,  an  well  as  Uichard  the  St'cond,  late  j 
7  of  Kncf land  deserves).  I 

'  And  further,    the  jurors    af<)resai<l  upon 
r  oaths  (!o  saVt  that  the  said  Anthony  carl  ! 
AaAesburVi  Ibis  said  wicked  trea5>ons,  and  i 
feerous  imaginations  aforesaid,  to  be  fulfilled 
perfected,  and  brought  to  effect  tlie  said  > 
li  dav  of  March,  in  the  3i)rd  year  of  his  said  , 
r  majesty's  rci'^n,  in  the  |>arish  and  wani 
maid,  in  the  city  of  iiondou  aforesaid,  as  a  j 
e  tniitor,  in  the  presence  and  hearing  of  ! 
fTS  liege  subjects  (»f  our  said  lord  the  king  j 
n  and  there  present,  n|M'nly  and  nnbliclv,  ' 
tky'y  maliciously,  advised! \ ,  and  truiteroiisly  j 
1,  ashcrtcd,  published,  imd  with  a  loud  voice?  , 
lared,  that  he  the  said   Anthony  earl  of  ; 
iftcsbary,  (»uld  nrver  desist,   until  he  hafi  ' 
Dght  this  kingdom  of  Kngland  into  a  coni- 
Bwealih  without  a  king,  and  that  the  said  { 
lionyearl  of  Sluifteslniry,  and  all  those  that 
I  the  said    Anthony  carl  of  Shaftesbury, 
lid  assi*.!.  (and  be  knew  many  that  wouul  I 
It  him  the  saiil  Anthony  earl  of  Miaftes-  l 
j)  would  inaku  Kngiaml  a  commonwealth 
Hollnifl   was :    and   that  he  the  baid  An-  ! 
1^  earl  of  Slikfu-^bury,  kimI  othci*  tr:ii(f»rs 
aown,  would  liveits  in  ll(»11and,  siiid  ibal  be  ! 


16S1.— <Ae  Em-l  of  Skafietbury.       [JfJS 

said,  in  the  city  of  I^ndon  aforesaid,  as  a  talss 
traitor,  iu  tlie  pn^seuce  and  hearing  of  diveni 
liege  subje<rts  of  our  said  sovereign  lord  the 
king  then  auft  ther^  present,  openly,  publicly* 
fal2M*ly,  inaiiciously,  advisedly,  aud  traiterouiuy 
said,  asserted,  publiaheil,  and  with  a  loud  voice 
der'Iared,  that  our  now  sovtueigu  lord  the  king 
was  a  inau  of  an  unfaitliful  heail,  and  not  wor- 
thy to  be  ti'usicd,  and   not   fit  to    rule  and 


govern,  being  false,  uniust,  aud  cruel  to  his 

iieople ;  and  if  lie  would  not  be  ^veriied  by 
iis  iMKiple,  that  I  hey  (meaning  him,  the  said 


k)rd  tlie  kiiig,  and  all  his    luinily, 
■U  be  rooted  out. 

'And  further,  the  jurors  atWi-sdid  do  buy. 
tllw  said  Anthony  earl  of  -ShafU-blmry,  liis 
[wicked  treasons,  aud  traiteriius  iinagina- 
■Jfimnid,  to  be  fulfiUcHl,  pfrfeiied,  and 
l(kt  IQ  elTect  atltTward^,  ih.^  said  Ji;ih 
•f  llarcb,  In  the  33rd  year  of  his  said  now 
Brtj*i  icigii,  in  tlie  paiish  aud  ward  afore- 


Antiiony  earl  of  Shaitesbury,  and  other  trai- 
tors to  the  jurors  unknown)  our  said  sovereign 
lord  the  king  would  depose,  against  his  alle- 
giance and  duty,  aud  against  the  i>cace  of  our 
said  sovereign  lonl  the  king,  his  crown  and 
dignity,  \c.  and  against  the  lormof  the  statute 
in  such  riise  made  and  provided,  &c." 

Sir  Fi\  Wit  liens.  Gentlemen  of  the  jury, 
this  is  an  indictment  against  the  earl  of  ShaiVes- 
bury  ;  I  shall  not  trowile  you  to  open  the  in- 
dictment, because  the  oideiMx:  will  be  some- 
what long,  I  shall  only  tell  you  which  way  we 
shall  go. 

L.  C.  J.  Korth,  I  do  not  know  whether  yon 
dcaire  the  witnesses  should  be  examined  a-part, 
do  yuu  desire  that,  gentlemen  1* 

L.  C,  J.  If  you  do  desire  it,  gentlemen,  they 
shall,  for  31  r.  Sheritf  hath  uotliing  to  do  wim 
it ;  but  if  you  do  desire  it,  you  shall  have  the 
witnesses  called  one  at  a  tune,  and  all  the  rest 
shall  be  put  out  of  the  Court. 

Jnrv.  31  v  lord,  it  is  our  desire. 

/..  C.  J.  We  did  deny  it  to  Mr,  Sheriff,  be- 
cause we  are  to  keep  men  within  their  duty. 
Here  it  is  n(»t  his  duty  to  meddle  with  any 
thing  of  this  natun^. 

torcifian.  !My  lord,  we  desire  we  may  Imve 
a  list  of  their  names,  and  that  they  may  be 
put  a-part,  that  they  may  not  hear  what  one 
another  srv. 

8ir  Fr,  \\'Uhent.  My  lonl,  there  is  one  part  I 
w'onUI  (»|)?n. 

L.  C.  J.  There  is  no  need  for  it  at  all— You 
shall  have  their  names  told  you  as  they  are 
called. 

Harrimn.  My  lonl,  we  pray  we  may  have  a 
list  of  thHrnnines. 

L.  C  /.  If  you  desire  it,  you  may  have  it : 
but  it  will  lie  no  advantage,  for  you  will  liear 
tli(  in  named,  and  you  may  write  them  down  a^ 
thev  i*ome  in. 

Ooiljrtif.  We  desire  a  list :  for  you  told  us, 
the  king's  counsel  had  exaininnl  them,  and 
knew  who  they  were. 

fs.  C.  J.  I  will  tell  you,  tlii'  C'liirt  is  to  have 
their  names  inibhscd,  for  tlit-y  do  not  brin<: 
wiincsMs  in  hugger- nmggcr,  and  [  sup|)ose 
they  are  indi>rsed  here. 

L  (J.  J.  ^orlh .  1 1  i  s  wan  1 1  if  ex  |ii  ne  \  ice  that 
makes  you  ask  this  ;  you  arc  told,  they  are 
indortii'd  here. 

JL,.  C.  J.  l.o<ik  yon,  sir  hvtniiiL-l  Carnar- 
diston,  you  v\\\i<\  have  tlii*  indic*tniuit  ilsclf  out 
with  you,  and  all  their  names  v^rittm  u|Min  the 
back  of  that  indictnieut  ;  but  tliut  you  shoitbl 


mi 


STATE  TRULS.  33  Chabif-s  U.  itiSl^i 


ttmte  to  liave  the  naitin  of  them  in  a  roll 
fcrioiviiand,  I  do  not  kimn,  iC  there  be  mty 
nCNini  tliat  you  C3ii  a^i^n  for  it. 

FnriMati,  One  thing  more  I  have  to  mr, 
IhU  we  tniv  see  ihc  warrant  hy  which  the 
teti\  of  Shaftesbury  noa  conimitled,  tot  there 
mre  »«ine  other  qnestioiw  depenil  upon  it. 

L-  C.  J.  That  we  cannot  do,  for  the  heote- 
niml  of  the  Tower  hatit  that  warrant,  which  lie 
htKjfs  for  his  indcDitiity  ;  we  cnnnol  dcniimd  it 
fnrrn  him  upon  any  l-^rnw  :  any  thine  that  ymi 
ttn  riewrc  of  us,  tet  lu  know  ;  what  a  reaaoiia- 
Me,  and  within  our  power  we  will  srant ;  nnd 
fcr  other  desires  of  your' 


trflthe  re 


why  we  cannnt  vrsni  them. 
Ml,  that  your  lonlsnip  girei  them  )eavc  to 


Papillan.  Hy^onl,  If yunr  lordship  pleaMs, 
1  win  only  aaiuaint  your  lonbhip,  that  the 


cxnmine  the  witnesses  ;  and  the  jury,  becoiiKe 
Ihey  would  not  put  the  Court  to  too  much 
trnuMe,  du  dextre,  that  the  witnesses  shouhl 
come  one  oAer  another,  and  make  their  infor- 
natiou,  and  then  liiejiiry  would  withdraw,  to 
consider  what  proper  ijmsftions  to  oak  thcni, 
tmd  come  down  aciun. 

h.  C-  J-  Vou  Miall  do  so,  gentlemen.  Look 
yon,  we  did,  al  the  request  of  the  last  (ury, 
use  the  same  method;  alter  they  had  heurd 
Vhe  wilnesses  what  they  gave  lu  eridenri.', 
they  came  and  dnired  leave  to  ask  them  some 
queitions,  which  we  panted,  and  they  were  all 
called  one  by  one,  and  did  examine  tliem  ;  you 
■hsil  do  so,  j^tleinen. 

'  Atl.  Gen.  1  was  informed  tliis  uiorninp' 
4ere  wer?  eenraX  questions  to  bv  asked  of 
KTeral  wiuiesies  to  direct  the  Grand-jury  how 
to  demean  themselves. 

h.  C.  J.  ]tlr.  Attorney,  the  request  is  reu- 
MWable  enou^. 

Harrison.  We  dcshe  theyuiay  be  examined 

L.  C.  J.  Ifarlh.  1  suppose  you  do  not  stand 
upon  it  for  these  witnesses,  they  are  clerks  of 
'mt  coitncil,  that  otrly  prove  u  imper  which  it 
'toems  was  found  in  the  earl  ol  )^haf\esbury's 
house  ■  if  you  ii-ili,  they  may  go  out,  and  be 
««ned  in  again. 

Harrison.  We  humbly  beg  it. 

Goijfrey.  1  was  foreman  of  tlie  jury  at 
Tteharria's  trial,  and  it  was  cnmplaiited  he  had 
fcard  measure  from  sonn;  tnsh  wilnesses,  and 
Aal  it  ua<>severethatthey  should  Iceramined 
in  troops  ;  it  hath  troubled  me  since  that  1  did 
not  put  them  out  and  examine  them  o-p«rt. 

L.  C.  J.  Look  ye,  gvnllemen,  you  that  are 
witnesses  for  the  king,  you  must  go  all  out, 
«lid  come  in  as  you  are  called,  one  by  cue, 

[Which  done,  Witliaiu  Blathwalt,  £sq.  was 
l|Wduccd,  and  a  jiaper  didivercd  in.] 

Suuadtri  to  Mr.  Blalhwail.  1  pray,  Sir, 
give"  au  account  how  you  came  by  that  paper  ? 

Blalha-'iiit.  This  paper,  g<entlemcn,  »a»  pu< 
into  my  custody  by  Mr.  Gwyn,  elerk  of  the; 
couusti,  who  seized  it  among  othors  In  my 
me  :  he  gave  me  llie  key 


of  the  room  wlier«ihey  wen-  kept,  tBd 
lieen  altogether  in  my  ciulBdy,  enxpt 
short  tim  ethnt  it  was  delireral  to  Mr. 
tsry  Jenkins,  by  whom  itwaa  re-delin 
me.  Sir.  Gn^D  baviug  aeieed  p«|w» 
loril  Khnfleabury's  bouao  brought  them 


■A  the  du< 


TomnN,  and  locki^d  the  du<ir,  and  delirer 
kcv  to  me.  When  1  was  ordered  by  th 
miilee  of  pjEaminnllnnn,  I  fetched  up  the 
and  papers,  and  broughl  (hens  into  the  i 
(ihamber,  and  the  tmnkH  wer«  opened 
preseuoe  of  some  of  the  Lords  of  the  o 
and  in  the  prasence  of  Mr.  Wilaan,  wb 
appointed  to  attend  here  on  the  belialf  i 
lonlStiaftesbury,  and  he  was  always  j 
when  the  pipers  were  taken  oulof  the 
and  bags :  Tills  was  one  paper,  aod  waa 


Mr.  » 


pun  the  mb  of  Jnlv  it 


was  opened  in  the  presence  of  Mr.  H 
Wilson  ami  .Mr.  Sioriev,  wlm  wm*  faoi 
pointed  by  mv  lord  of  Shaftesbury - 

X.  C.  J.  Wok  this  pirper  ttnind  in  i 
those  trunks  or  boxes  di«t  was  delivend  I 
by  Mr.  Gwyn? 

BlnihKail.  ThiK  paper  was  taken  on 
vdvrt-batr  which  Itlr.  Gwvn  had  put  ii 
great  triink,  whk-h  tranV  was  seaka 
Dpeoeil  in  die  presence  of  Mr.  Wilson  si 
Starkcy. 

8ii'  Fr.  Wilfiem.  OiA  you  find  that  pi 
the  trunk. 

Blol/iTL-ail.  I  lo<ik  this  and  otbera  . 
the  velvet  hatj.  which  was  in  the  great ' 

L.  C.  J.  Call  Mr.  Gwyn  to  give  an  *■ 
where  he  found  these  jMaers.  Look 
gentlemen  of  the  jury,  you  bent  what  hi 
deuce  is,  would  ynu  ask  him  any  thing 

[Then  Mr.  Geyn  coming  in.] 
L.  C.  J.  Where  had  you  the  trunk  y< 
literedto  Mr.  Blalhwait? 

Cayjt.  My  lord,  on  the  9nd  of  July 
wart^ntfrom  the  swretarj-,  1  won  conuo 
to  go  to  my  lord  Shaftesbury's  house  la  t 
his  papers,  I  did  there  meet  with  a 
many  papers,  and  I  took  a  nou-  how 
parted  them,  and  Into  what  parcels  1  hi 
the  papers  ;  there  were  several  sorts  of 
in  a  ip'eat  hair  trunk,  and  there  was  a 
bag  in  which  1  put  some  |n|>ers  thai 
luose  in  my  lord's  closex  abore  stain, 
lord  Shaltesbury.  assmni  a£  I  came,  g* 
the  keys,  and  told  me  where  his  closeU 
and  said  he  woiibl  seal  them  up  with  U 
seal  :  1  staid  for  it,  lint  he  sent  me  woii 
gentleman  thai  I  might  pat  my  own  sm 
ptcust^  :  I  did  put  my  Heal  upon  lite  i 
but  afterwards  bting  neat  another  wy, 
livored  it  to  this  gentleman  Mr.  ItWl 
ivliether  any  of  the  papers  wei«  lab 
aliwrwajils  i  cannot  wil. 
L.C.J.    Hr.   Gwy-n,  that  your  vd 


'to      STATE  TRIALS,  SSCHAnUlI. 


i^  lard  StaiAedwrT'schMet  ? 

Garya.  Ik  my  lord  tibattesbury'a  closet 
teraatBtn. 

L  C.  /■  lliU  von  (WMr  ;  wlien  you  deli- 
Hrad  it  to  Ht.  BlathwBkt,  all  ibe  |iapera  were 
■  that  iMg;  WW  there  nothin^f  in  tbit  b*?, 
hal  wbal  you  todt  b  my  lord  Shaftejibury's 


1681.— (Ac  EntefShmftatury.      [TM 

ients  upon  him  by  his  bestowing  officM  ^il 
pretermmts  both  in  cbureli  and  Male. 

"  It  ^pFuing  also  to  us,  that  by  hii  iiift^ 
race  mn-cenuy  tbrres  hive  bee>  Inied  and 
I  kqu  OD  tiiot  Ibr  his  sn-retileaieM  contrary  M 
.  Dur  laws  ;  the  ofiicent  thereof  haring  Kwn 
nnmeJ  and  appwnU^by  him,  to  the  ai>|>srent 
I  hazard  ol' hia  majeity '•  paraon,  our  redpMi  ami 


Gvjr«>  Nothing,  my  lord. 
L.C.J.   Look  yini,  Kenttetnen,  you 
•cm  that  Ihi*  wm  waa  put  into  tlie  bn^  by 


r,Gwyn,ajad  Mr.  Blathwait  twnm  lie  founil 
■  IbcW,  and  dtsHvered  it  to  Mr.  Heci-etary 
Jaftvi ;  UwrefoK  if  you  pleaae,  Mr.  Hecretary 
JMiHS,  you  ahail  be  sworn  whether  that  |iaper 
•m  dsMiBwd  l«  you  by  Mr.  Bluthwait,  be- 
aae  wewuuld  clear  il  as  wegu,  whi'ther  (hat 
lithe  (Nfier  ww  delivered  to  Mr.  Hecictary 
JaAina  by  Mr.  Blalhwait :  I  pt«y,  sir,  waa 
totbe  paper  that  Mr.  Blathwait  did  deliver 
hliyaia'haiiita? 
Iw.  Jenkitu.  My  lord,  tliis  in  the  paper, 
•M  delivered  into  iny  bandt  by  Mr. 


m£S, 


nthecouucil  chamber.  I  cannot  sny 
%t  Ui  miinerical  paper  was  takeu  out  of  the 
vtehig  ;  but  there  were  a  great  many  pa- 

CmMma  out  of  it,  and  I  having-  the  hooour 
llM  the  exanihiation  of  the  papers;  this 
WtMdfTed  lo  be  put  (and  was  put)  into  uiy 
hak,  wkh  Dine  papers  more. 
L  C>  J-  Was  it  out  of  your  hands  ? 
See.  Jfnkihi.  It  waa  out  of  my  liandt ; 
tfc^Mt  Monday  laxt  I  took  out  the  nitie  pa- 
^fnatrusted  with  U)«,aiid  this  tenth  out  of 
•t4f  tek,  and  raiiKcd  my  servant  to  mark  Iheni 
^^■Bben.  Tlieii  I  sralnl  up  these  puKirs 
.almilhem  to  Mr.  Urahani.  Mr.  Graham 
:taiiBtrt  tbem  back  a|piin  lu  mc  without  any 
'  Amob  whatsoever ;  then   I  put  thiit  tenth 

Str  mlo  the  hands  of  Mr.  Itlalliwait  agttin, 
■he  while  it  WAS  in  m_v  iianiU,  it  wiu  under 
hcfcand  key,  anil  nnoe  ut'  niv  servants  saw  it, 
lathetime  it  was  numbered;  andnii  manner 
ifsltefAion  uai  made  ill  tliis,  or  aiiy  other  of 

-  -   L.  C.  J.  Now  it  api>ears  this  waa  the  papei 
'.4ln  IB  niy  hml  Shalleabiirj  's  rlmct. 

llien  this  I'ajicr  uos  read  as  fcillowtlb. 
"We the  bnif^ts,  Sec.  fimling  to  tlii^picf 
,  rf  aor  brarta,  the  popish  priests  and  Jesuits, 
^'MktbepuiiiitsBnil  tlieir  adliercntii  and  abet. 
I'toSihatefur  beieial  yim.n  last  past  pursued  a 
,  iMt  prmiHons  and  WtUsh  pint,  to  mot  out 
tfc  tme  pTMeMaDt  rclii^ion  as  a  pestilent 
^■uiy,  to  takeavav  (he  Life  nl'  our  (pvcious 
fifey,  toauhvert  mirlawsand  liberties,  and  to 
I  MVfmrhitrary  powiraud  popery. 

'■ABdilbemgnotoriuns  tbatthej' liuvn  lieMi 
4i^[Ujr  vtKOuiayed  by  the  iwmitenann*  and 
-<MMSMion  giren  and  prociins)  for  llicm  by  J. 
■  iLafV.  md  by  their  expenalions  uf  his  nui'- 
-~"-  ----»---  -^^  ,„^  (|j,(  tliroiurh  CTTifty 
desitpis  have  so  hr  pre- 
dMtha  bub  pnt  and  many  depend- 


nvvemuaent,  if  the  dann^  hod  not  been  tiwdy 
Ibreseeu by  several ^rhamenta.and  part  el'lhcM 
forces  with  great  diffieultv,  GSUBedhy  tbem  t» 
be  ilisbanded at  th«  fcingifom'a  ^icat  expcno*: 
Anilit  bdngenilent,  that  natwithstaii<h^  all 
(lie  (.'oiitinual  eiiileavour*  of  tliu  pai'liainaat  t» 
deliver  his  majesty  from  the  coimseis,  SBdout 
of  thepower  (d  the  saidD.yet  his  intertM  in 
tlie  miuUtry  of  Hate  aud  otbcrs  kkve  hem  so 
prevalent,  tliat  parliametits  have  bem  UMrea- 
sonably  promgued  and  dissolved  *  when  tbey 

■  In  the  ijute  Tracti,  there  is  the  MHlwil^ 
Account  of  Proeeeduigs  at  the  Mtsaiami 
tor  the  City  of  Weatuiinster,  against  Tmo. 
n'HrrTiEi.o, Scrivener;  John t^.tiLBOKBi, 
Wondinonger ;  and  Wn.  Laud,  Knter; 
fur  tearing  a  Petition  prepeired  to  be  ft^ 
•ented  tn  the  King's  Majeiity,  far  the  ait> 


ting  of  the 
It  being  the  t  „  .    ._, 

of  England,  and  warranted  by  the  law  al 
knd,  and  the  ((I'neral  pi-actice  of  alt  fonnw 
tiniex,  in  im  humble  ulanuer  to  apply  IhrtD* 
selves  to  ins  majesty,  in  the  absence  id  nriia- 
ments,  by  I'utitinn  ;  fur  the  redrew  of  Ibtit 
(p-ievances,  and  for  t!ie  obtaining  such  ihingv 
'  <      ■  -  'hemrficia),  to 


tionufCniiits.  ;g.  Hiibart,  93U.  Vel,  Magua 
Chart.  Ezil.  Spencer,  ii.  Vide  the  Procla- 
mations iif  king-  Charles  1.]  And  it  being  their 
duty  tn  which  they  are  hound,  by  tbe  arpr«M 
nonls  of  the  oath  of  allegiance,*  to  rq 
to  him  any  dnnq;eT  which  tliey  app 
lhn.'Hleniiig  liis  myal  person  or  his  ^ 
ment ;  divers  jKirsiing  in  and  about  Ibe  city  it 
WeNUniimter,  contddenng  the  too  apparent  and 
unsitcakabln  dangt-r  his  majesty  ana  hit  king- 
cloiiis  are  in,  friHn  the  helliah  plots  and  vH- 
IS  conspinu-ies  of  the  bloody  papists  aad 


S 


against  ii 


t  by  (he  paiWti 


,  by  whom 


■  '  I  doswear  from  my  heart.  That  1  will 
'  bear  faith  and  true  allegiance  to  his  m^eatj, 
'  his  heirs,  aiul  Hiu-cessors,  and 'him  and  Ibem 
'  n-ill  defend  In  tbe  tntennott  of  my  powvt 
'  aguiiu'l  all  ronspiracira  and  attempt*  what- 
'  Biiever,  whirli  shall  be  made  aj[ainat  his  or 
'  thdr  pcnMina,  tlieir  crown  and  dtgnilT.  And 
'  will  ilo  my  best  cndeavonr  to  disclose  and 

>  make  known  unto  bis  majesty,  his  hctrs  and 
'  flurcossors,  all  (reasons  and  trsilemus  cmspi- 

>  racies,  which  I  sliali  ktmw  or  hear  oT,  to  M 
'  agaimt  him  or  any  of  then.' 


■t»] 


STAIX  TRIALS.  33  CaAiti.Es  II.  1681.— J 


tavc  been  in  bot  |>iir«iii(  of  the  popiili  i: 
spiraricj,  and  ill  iiiiuislcrs  of  «tale  their  aat 
anta. 

AndthsttlwaniilD.  innnler  lare<lur«nn 
lus  own  power  bath  |>rocur»l  the  garruoiB,  tlie 
anay  and  aminaiiilicin,  and  all  the  pnwerof  Ihe 


alooeaevenl  persoDs  accused  of  these  accuniul 
6eugat,  can  be  brnu^ht  tu  trial,  did  prepare 
and  aiini  a  petJtioii ;  liiuubly  repreaentin^  to 
hia  mqealy,  the  imminenl  danger  hia  ri^yal 
penon, the  Protestant  rcligiou,  and  tjiv goiiru- 
inmt  ot'  tliit  natiou  weK  in ;  from  that  intxt 


acTcnl  of  the  prindpul  coosplraton  stand  iin- 
peaohetl  hy  parliameiii,  and  tberel-y  huuibly 
pnvilU'  ibat  the  parliomctit  uiirhi  sii  upoa  the 
fifitli  of  January,  to  try  the  offeiiders,  and  to 


John  H«naUUinc5',  and  tVillinm  Laud,  inliatii- 
lanla  in  Wediiiiiiblrr,  lakisig  DOlic!,  upon  llic 
30lh  day  nf  Pwemher  lasl.  they  aeut  fn  Mr. 
tViUiam  Horeley,  wUo  lull  signed  and  pin- 
nwted  the  petition,  and  in  nhasc  cnstodv  il 
was,  to  faring  or  nend  il  W  them,  for  iliat  Iticy 
desired  to  SLi,-ni  il  :  and  thereupon  Mr.  Horalcy 
attendcd  ihcui,  mid  prnducin^  the  (xdiiion,  in 
Wbich  ntatiy  penwiiB  had  joined,  he  deli- 
vered it  M  their  reoaenl  to  he  by  tbein  read  and 
Horned ;  hit  Mr.  Wliitfleld  ininiedtnli'ly  tore  it 
in  pieces,  aitil  llirew  it  ((jwunls  ibe  lire  ;  anil 
Smollbones  ratching  ii  up,  said  tlial  If  ntiitld 
not  take  lOi.  for  the  names,  and  Ihen  Ibey  de- 
dared  that  they  «ent  for  il  fur  thiit  \<-ry  pur- 
pose, and  oinied  ibeniselTes  atl  coDeenietl  in 
the  desi^. 

Upon  Mr.  Ilon-ley's  complaint  hereof  in  a 
justice  of  the  ppacp,  a  warrant  was  BTsnlcd 
against  ihein,  and  thev  being  taken  thereupon, 
after  eaaminatinn  of  tde  matter,  were  boitud  to 
appear  and  ansiver  it  at  the  next  quarter  sex- 
Bions  of  the  pL'ace  for  the  dty  of  Westminster  j 
and  upon  Friday  the  9th  of  January  instant 
the  RcseionH  being  hddeii,  and  there  being  pre- 
sent serwnl.inatices  of  the  peace  that  nre  emi- 
nent lawyers,  the  matter  was  brought  Iwfnre 
them,  and  the  grand  Jury  indirlPU  the  said 
Whitfldd,  SmalUMites,  and  Laud  aa  follow- 
eth,  fix.  . 

Ilie  City,  Borough,  and  Town  of) 
Westminster,  in  the  County  ^ 
of  Middlt^ex.  J 

■  "  The  jurore  for  our  £overeiu;u  lord  the  king 
Upon  tbeir  oath  du  present,  That  uh»«as  tlie 
subjecta  ao<l  liege  people  of  the  kings  aud 
qneenaof  ibi^  visalm  of  England,  bvthelans 
and  cusloms  uf  the  realm,  Iwve  used  and  been 
•ccuatomed  tu  represent  their  public  grievances 
by  petition,  or  by  any  otlier  aulnnisiiive  way  ; 
and  that  the  SDlh  day  of  December  in  the  3l!il 
year  of  our  lord  Charles  the  Qni,  by  the  grace 
of  God,  of  England,  Scotland,  Franu;  aacTlri:- 
land,  king,  defender  of  tlie  faifli,  ^c.  at  the 
puish  of  St.  Marliit'ij-in-the-f  ieUi,  within  the 


^^pMlitlO 


•pasand  mldierV',  and  lands  beloDxtnglolhor 
three  kingdoms  lobe  put  inm  the  bands  vflia 
party  and  lhpiradhei«Dts,eien  inoppoMtiog  l> 
the  arlviix-  and  order  of  the  lant  parlianiat. 
"  And  as  we  considering  with  hcarr  ban 
how    greatly    tbe     strengtb,     and  '  lepMa- 

libeii y  nf  tbe  dean  and  chapter  of  the  rallcBBii 
church  of  £t.  Peter,  uf  the  citv.  bunmRbuJ 
tonnof  WestminHlei,  in  the  cu'uiilv  nfMiildb- 
se\ ;  a  Petition  written  in  paper,  uaa  pnymd 
and  subacribed  with  tli«  liands  ol*di*i-n  the  lul 
king's  mi  Igerls  and  liege  peopk',  (tu  tbtimj 
unknown)  and  tu  our  aoiit  Mirrrciea  lardkii| 
Chnrliis  'J,  directffd,  and  u>  our  miiI  aoienia 
lord  the  king  to  bu  prciirat^d  and  dcUt  Litil  i^ 
which  PetiUun  it  waa  sbnwn.  That  whma 
there  had  been  and  was  a  inuat  damnable  pta 
against  the  rojid  mTMHi  of  aur  aaid  stin-mn 
lord  IliK  king,  the  Proicntant  religino,  and  it£ 
established  got  ernnicut  of  this  realm  ;i«r  wHi 
plot  sereml  of  lltn  principal  i-onnpirattnawat 
inipeschcil  by  tiarliaminiL,  and  wlwwaby  ii  aa,^ 
huinUy  prayed  Utat  the  parliaiiuau  nhwhMI 
prorogued  to  the  Sfitfa  day  of  JnuMry  wMVt 
suing  in  the  said  year,  migb  iba&'ail  UIB 
the  ollendt-'ni,  and  to  redrcM  die  prsoNnggrin* 


«d.  AmUM 
lliomas  Whilfiekl,  late  of  the  aaiil  paiillllt ' 
at.  MurliuVJa-tbe-FieUv,  in  the  Ubmy  afilbJ 
aud,  and  Hw  cognly  «ftir>Mid,  ywiMU,  iMl 
Smallbone^  late  of  the  said  |ianKli,  within  Qa  ~ 
libtTly  atoresaid,  in  llifi'oiuilv  atorc-aid,  wnnl- 
mongcr,  and  U  iliiani  Loud,  lale  of  tlie  paiiih 
aliiresaiil,  in  the  counn-  aforesaid,  yeoiimai  ' 
iieing  persons  iU-atfecti>d,  and  contriving,  de- 
viiiing  and  intemllng  as  much  as  in  tbein  h^ 
to  hinder  the  siuing  of  tbe  said  parliament,  k 
wan  praved  by  tbe  iMid  Petition,  and  aim  K 
liiuiler  ine  trnil  of  tbe  said  oti'eu<]prs,  wmI  »■ 
dressing  the  said  grievances,  the  tiaid  2Uth  ilaj 
of  O^ivmbtir  in  tlie  said  31st  year  of  the  rcip 
of  our  said  sovereiKn  lord  tbe  king,  ns  rioloi 
and  ilL^liirbera  nf  the  peace  of  our  auvoeigi 
lord  llie  king,  for  the  dislnrinng  of  the  pom 
of  our  said  aorei'rign  lord  the  king,  with  ftfi* 
and  arms  at  tlie  said  parish  within  the  libe^ 
aJbrcKiid,  in  the  county  aforesaid,  imlawthlv 
and  riotously  diil  assemble  tlienixclvea ;  mA 
being  so  llieii  and  tliere  assembled,  with  fnec 
and  arms  tlien  and  tliere  unlawfully,  rintMulj 
aud  iujuriously,  the  said  Petition  being  ileti- 
vered  hy  one  William  ltorsl<;v  to  tbcoi, 
the  said  Tbuiiias  WhitBeld,  John  SniatlboM 
and  n'illiam  Laud,  at  their  reiiuest,  and  for  ik 
subscribing  their  names  thcremito  il'lhey  sIhjuU 
think  fit,  £d  tear  in  nieces,  in  cootenipt  c^out 
aaid  sovereign  lord  the  king,  and  of  bis  law(| 
to  the  evil  example  of  all  others  in  the  like 
cases  offeudiog,  and  Bgainst  the  peu>:e  of  our 
said  Mivereign  lord  the  king,  bis  crown  ami 
dignity." 

The  names  of  llie  Grand-Jury  titat  finloJ 
ihe  bill,  are  these  :  WilliHrn  Jacob,  Thomas 
Treior,  Era.M>ius  Browne,  Heiiry  Dugley, 
Itichurd  Kti-ecle,  John  Henly,  Job'n  Weston, 
ftlattin  trogg,  John  Pierce,    Robeh  Pinle, 


]      STATE  TRIALS,  33  Charlbs  II.  iSSl.^fAe  £flr/  of  SkafteMbury.      [786 


and  treasure  of  the  kingdom  both  at  sea 
land  is  WMted  and  consumed,  and  lost  by 
intricata  expensive  management  of  these 
(ed  destnictire  dcsigits  ;  and  finding  the 
a  counsels  afler  exemphry  justice  upon 
e  of  the  conspirators,  to  fa!e  still  pursued 
I  the  utmost  derilish  malice,  and  desire  of 
!Bffa  ;  whereby  his  majesty  is  in  continual 
■ra  of  being  murdered  t4>  make  way  for  the 
ID.'sattvancement  to  the  croun,  and  the 
lie  kingdom  in  such  case  is  destitute  of  all 
ority  of  their  religion,  laws,  estates  and  U- 
t^,  tad  experience  in  the  case,  queen  Mary 
mg  proved  tlie  wisest  laws  to  be  of  little 
tt  to  keep  out  popery  and  tyranny  under  a 
pih  prince. 

**  We  have  therefore  endeavoured,  in  a  par- 
■nlary  way,  by  a  bill  for  the  purpose,  to 
r  u4  exclude  the  said  duke  from  the  sue- 
■kiD  to  the  crown,  and  to  banish  him  for 
e  out  of  these  kingdoms  of  England  and 
dud.  But  tlie  first  means  of  the  king  and 
madam's  safety  being  utterly  rejected,  and  we 
I  ifanost  in  despair  of  obtaining  any  real  and 
iMal  security,  and  knowing  ourselvra  to  be 
'    '  '  to  advise  and  act  for  the  preservation 


of  his  miuesty  and  tlie  kingdom,  and  being 
Ijersuadcd  in  our  consciences  that  the  «langerH 
aforesaid  arc  so  eminent  and  pressing,  that 
there  ouglit  to  be  no  delay  of  the  best  means 
that  arc  in  our  power  to  secure  the  kingdom 
a^inst  them,  we  have  thought  fit  to  propose  to 
all  true  Protestants  an  union  amongst  them- 
selves, by  solemn  and  sacred  promise  of  mutual 
defence  and  assLstuacc  in  the  preservation  of 
the  true  Protestant  religion,  his  m^^esty's  ]M}r« 
son  and  royal  state,  an<l  our  laws,  liberties, 
and  properties,  and  we  hold  it  our  bounden 
duty  to  join  ourselves  tor  the  same  intent  in  a 
decmratum  of  our  unitetl  affectif>n8  and  reso- 
lutions in  tlie  form  ensuing: 

*'  *'  1.  A.  B.  do  in  the  presence  of  God  solenudy 
|>romise,  vow,  and  protest  to  maintain  and  de- 
fend to  the  utmost  of  my  power,  witii  my  per- 
son, and  estate,  the  true  prottstant  religion, 
against  popery  and  all  popibh  suiierstition,  ido- 
latry, or  innovation,  and  all  those  who  do  or 
or  siiall  endeavour  to  spread  or  advance  it  wiih^ 
in  this  kingdom. 

*'  *  I  willalso,  as  far  as  in  me  lies,  maintain  and 
di^fend  his  majesty's  royal  person  and  estate  ; 
as  also  tlie  power  and  privik^  of  parliaments, 
the  lawfifl  rights  and  liberties  ot  the  suliject 
against  all  incroachments  and  usurpation  of  ar- 
bitmry  |M)wer  wliatsoever,  and  endeavour 
entirely  to  disband  all  such  mercenary 
forces  as  we  have  reason  to  believe  were  raised 
to  advance  it,  and  are  still  kqit  up  in  and  about 
the  city  of  London,  to  the  great  amazement 
and  terror  of  all  tlie  good  people  of  the  land. 

"/Moreover  J.  1>.  of  Y.  having  publicly 
professed  and  owned  the  popish  reugion,  and 
notoriously  given  life  and  birth  to  the  damnable 
hellish  plots  of  the  papists  against  his  majesty's 
]>ersoii,  tlie  protcstant  religion,  and  the  go- 
vernment of  this  kingdom  ;  1  will  never  con- 
sent that  the  said  J.  1>.  of  Y.  or  any  other,  who 
is  or  hath  been  a  papist  or  any  ways  adhered 
to  the  papists  in  their  wicked  designs,  be  ad- 
mitted to  the  succession  of  the  crown  of  Kng- 
l^tnd  ;  but  bv  all  lawful  means, and  by  force  of 


jffhMd  Wilkinson,  Edward  Whitefoot,  Jolm 

Thomas    Harris,    William  Fortune, 

Higdon,    James    Harrold,   Coinelius 

I,  George  Wright,  apothecary,  Walter 

Adam  Lang^ey. 
^fVk  Wednesday  the  7th  of  this  instant 
^Vy,  many  gentlemen  and  eminent  citi- 
^vbo  had  been  conc^emed  for  managing 
l^hlitioafor  the  sitting  of  the  parliament, 
N  Ike  96th  instant,  met  togetlier  and  agreed 
N  tbe  method  of  finishing- the  same,  ainl  of 
^mng  fit  (lersons  for  the  presenting  it  to 
I  Mijesty ;  which  being  accordiiurly  done, 
^gentfnnen  following,  viz.  sir  Gilbert  Ger- 
■^  Hit.  son- in-  law  to  die  late  bishop  of  Dur- 
^1  Francis  Charlton,  John  Ellis,  John 
llA,  Johnson,  of  SiHepney,  Ellis  Crispe,  An- 
Iiy8eibv,  Henry  Ashiirst,  Thomas  Smith, 

Pl  geotleoien  of  good  worth  and  estates,  '  arms  if  nee<f  so  retjuire,  acconling  to  my  abi- 
iKveral  of  whom  nave  been  eminent  suf-  |  lities,  will  opiiose  hiiii,  and  endeavour  to  sub« 
nfor  his  majesty,  did  this  ISth  of  Jumiary, 
■d  his  majesty  with  it  <it  Whitehall,  when 
f  introduced  to  his  royal  pri*sonce,  sir  Gil- 
Gerrard  kneeling,  prcseiiteit  the  Petition. 


ir  John  Rereshy  says:    *^  This  evening. 


opiiose 
tliie,  expel,  and  destroy  him  if  he  come  into 
England,  or  the  dominions  thereof,  and  seek 
by  force  to  set  up  his  pretended  title,  ami  all 
such  as  shall  adhere  unto  him,  or  raise  any- 
war,  tuiiiiilt  or  srilitiuii  for  him,  or  by  Ids  com- 
uiaud,  as  public  enemies  of  nur  laws,  religion 


L  tO),  his  miyesty  talked  with  me  a  great     ^^^  rlmJrv 

e,  in  Hi.  James's  Park,  and  at  the  duchess  .  i  a*   «/'       i           j                   tr        a, 

J««»....«i.i^ .  i.:«  i:»^,^.<>*«»  «kw  4i« .»  ^,»  '  ••  *  1  o  this  end  we  andevery  one  of  us  whose 

Ntimouth  s;  Ins  discourse  ran  cnKtlyui>on  i.. .  i   ^     u            i          -^^       i       ^^    mi:     i  •• 

1^. ^.  J  „^..i:«4„ I     ^    w  i-«  J    *•  "aiids  are  lM»re  under- written,  do  most  willingly 

■te  unequal  vcraicts  and  i»nK'»xnlm<rs  of  ■  .  •    ,            ,             .                       «           ^     Ti.^ 


bind  ourselves  and  evpr\'  one  of  us  unto  tho 
other  jcHntly  and  severalfy,  in  tlie  bond  of  one 


.  .,     l»ri»* n 

ofLondcMiand  Middlesex;  eoncern- 

he  broke  out  into  this  cxpreiisioii,  ■  «.        -^  i  i  -     i        •_.       -  •  *:  j  j 

L-  L.^  ^.^  •!   4  f  ...     •!.    i.J  *  I  ">*'»  WJd  lo\'al  so<*iety  or  association,  and  do 

■  a  hard  case  that  I  aiii  the  last  man  to  '  -^       y  i   /      ^^i    i    ^u  «      -^i. 

vi.^  :..  «^i, .  .^.k,j«  ».»;»..  » i>  '  promise  and  vow  before  GotI,  that  with  our 
Uce  lu  the  whole  nation.  '  •  *      i       -•     ,     *.  -n  . 

joint- and  particular  forces  we  will  oppose  and 


wlaw  and  just: 

ii  lifcdy  enough  that  the  rejection  of  the 
Shafwsbiiry  and  Colledgt;  was  a 
the  attack  upon  ihe  charter  of  the 
tlie  Case  of  the  Quo  Warranto  in 
A-  D.  lOtfl,  and  the  |)assage 
'.Cciiw^  cited  io  a  Note  thereto. 
▼III. 


icT 


pursuit  unto  d(*struction  all  such  as  lipon  any 
'  title  whatsooer  shall  op|>ose  the  just  and  righ- 
teous ends  of  this  Association,  and  maintain, 
proUiOt,  and  dHeud  all  such  as  shall  enter  into 
it  in  the  just  performance  of  the  true  intent  and 
meaning  of  it.  And  lest  this  just  and  pious  work 
!      3E 


'   *^ATE  TRIALS,  33  Chablbs  11.  iffflli^ 


ahoiilH  he  any  nays  obstruuled  or  hindered  for 
want  nf  Uist-iiiline  anil  coudurt,  or  any  evil- 
iiiiD<l«>l  (wreoM  under  preienee  of  raising  forces 
farlhe  seriice  uf  this  Association,  should  &t- 
lemiA  ur  comiiiit  diimrdi-rs  ;  w«  will  follow 
Mlvn  orders  as  we  ^all  from  time  toijine  re- 
oejre  from  ibis  present  pariiiuuent,  whilst  it 
shall  be  sittiw,  or  ihe  major  part  of  the  noeni- 
brrROl'bfitb  FfoiisessiitscribingthiB  Aasoeiotion 
when  it  shall  be  prorogued  or  dissolved ;  aiid 
ohty  such  officers  as  shall  bv  Ihnn  he  set  over 
us  IQ  the  BCtiiral  coDobes,  cities,  and  boroui^lis 
nndl  the  next  meetiDg  of  this  or  another  [tar- 
liametrt ;  and  will  tbeo  uhew  tlie  sonie  ubedieucc 
aod  suhuiisBiun  unto  it,  and  tb«se  wbo  shall  be 
otit. 

" '  Ntiilierwill  we  for  atiy  respect  of  perwHis 
or  causes, or  fur  fear,  or  renani,  spparale  our- 
■elves  fVooi  ibis  Association,  or  tail  b  the  pruae- 
ciitionlhereofdurio^'ourlires.tipun  pain  ol  being 
by  the  rest  of  lis  prOwcuted,  aoil  suppressed  as 
peiiured  persons,  and  public  enemies  to  ^'  ' 
tbe  kinif,  uuil  gur  native  country. 

" '  To  which  pains  sod  punishments  we  do  vo- 
luntarily submit  outselies,  and  every  one  t 
wilhniit  benciit  ofany  colour  or  pretence  to 

"  In  Wituessof  all  which  premisses  to  b< 
violably  ki-pl,  we  do  to  this  writiag  put 
tuuuls  and  neals,  and  shnll  be  mo»l  ready  to 
«pt  and  Mdinit  any  other  hertiafter  into  this  So- 
ciolyand  Aswiciation." 

Sir  F.  II  ••hens.  Thw  paper  is  very  plaiisil.ly 
pmned'in  llie  l)C{piiiitng',  and  goes  a  ^al-vvay 
■0,  but  in  the  last  clause  but  one,  there  they 
come  tb  perfen  levring  ivar ;  for  they  do  pnsi 
liiely  sny,  they  will  oliey  such  nflieers  aseilhei 
Ilie  pariiaiueiA  ur  the  liiaior  Dart  ofth<;ni,  or 
aAer  Ihe  parliament  is  dissolved,  llic  major 
pQit  of  tfarist'lliatKhullKubscribc'tliisuaper  shall 


•  PI")! 


\l]x 


:  they 

i'.i'i.  Fray,  what  dateis  this  papcrofi 

■.   Wilhens.  [twas  alWthe  billtbr  the 

11  "Ithe  (hike  of  York,  for  it  says,  (hat 

liii^,  lliey  would  do  it  by  force. 

II-I-.  There  is  no  hsad  to  it  at  a 

'.   U'iliieni.  Nil,  nene  ttall.    Onethiiig 

iiL.'1'l,  that  thi'y  wouMj'iin  to  deslrov 

i'[  nary  liireea   about  l.otidun,  which  is 

^)it  levying  war  againM  fht;  king  and 

•niiiiuliri.  The  design  ofit  ispretPudcd 
t'j  (i(i|"i..'  pcipery  nnd  arbitrary  ]Kiwer,  and  des- 
lri>3'  ilic  pii|iista ;  but  ttinl  iluth  not  seeni  i>o 
much  ill  ir's  self :  Init  when  you  have  heanl 
the  evidence  yuii  will  hrlir  who  were  the  pa- 
pists that  were  to  be  deslrojed  by  this  army. 
Ju/in  'Euolh. 

Jury.  ITehasstood  in  ibe  face  uf  the  court 
«]1  this  while. 

X.  C.  J.  When  did  Sir.  Roolh  come  dnwn  ? 

Jary.  He  wus  here  bi-tiire  wo  wem  np,  my 
lord,  ami  hath  be-^n  here  ever  since. 

L.  L.  J.  Look  ve.  gentlemen,  they  lell  vo" 
be  WM  caiTied  aw  ay  uul  came  down  but  now. 


Baolli.     No,  my  lord,  I  came  down  but  oiiw. 

Shepherd.     My  lord,  we  dtsire  a  list  of  iIks 

names,  tint  we  'miglil  know  who  is  here,  tat 

Mr,  Godfrey.  This  man  hath  been  here  *I1 
thiswhilc,  and  all  the  other*  tnaybeherebr 
ighl  that  1  know. 

^a  F.  Wilheiit.  In  the  Arst  place  civean  ac- 
count what  discourse  youliaie  h^  wilhai; 
lord  Shuttesbiuy. 

X.  C:J.  Spmk  out,  that  the  jury  may  tan 

Beolli.  I  will  speak  a«  loud  as  T  can.  h 
the  inoQlh  of  January,  alHml  the  middle  of  J)- 
nukry  lust,  I  was  lutrodnced  into  my  M 
Shali4>sbury's  ac<{u«uitance  by  one  npiu 
Henry  Wilkinson.  I  say,  I  was  introifuccd 
Into  my  lord  Shafiesbury's  acquaiataiicebviM 
captain  Henry  Wilkinson.  This  captain'Wil-  ' 
kinsnn  isaVurkabire  gentleman,  be  liasknowa 
ineabotetH-entyyeais,andhe  and  Ihatehi^ 
tatniliar  convFrsalion  a  long  while  ;  so  mjlkf  ' 
upon  luy  lord  Shaftesbury,  our  first  bunatM 
that  we  went  ubout  was,  captain  ^Villdnsoa  H 

I^liiillesbnry,  and  some  others  of  the  lonliwo- 
prietors  of  ihe  palatinate  ot't'arnhna  tabcOiiii 
cleiTiity  governor;  andhetiildmelheprotMdrf 
that  journey  was  like  to  he  very  hopeful,  aai , 
that  his  interest  was  good,  tad  thai  he  cndl 
{trocnre  nie  a  commission,  andflttcb  BintlAt' 
ofari'i'sltiriiiialityandqnuuiity  as  I  didd«wti 
and  lit  snid  lie  did  not  design  to  go  over  io- 
medilitply  in  his  own  person,  but  he  would  tai 
hiaeldest  son,  andbis  youngest  son,  and  if  W 
neni,  he  would  return  again  as  occa^nibodt 
serve.  I  consented  to  him  in  all  tbi«,  and  m 
discoursed  it  divers  times  together,  and  we  wot 
tu  my  lord  Shafte^ury  on  puqiose  to  rureiie 
commissions  in  order  to  ihiH  purpose.  IW 
first  time  1  went  there  was  tbe  earl  of  Cravn, 
sir  Peter  CuUetou,  and  one  ArchdcH,Biiial<T; 
I  thought  him  a  ipiaker  because  he  kspt  kii 
hot  on,  wlicn  the  rest  of  Ihe  Lords  tCnud  hit 
in  civility  til  him.  We  discoursed  tbe  thin; 
abnut  Carolina.  Alter  this,  and  belore,  canUia 
Wilkinson  and  I  bad  seiural  dlncminM  wmI 
the  juncture  of  affairs  in  these  times,  Uitragl 
I  knew  him  to  be '  an  old  royalist,  and  <ae 
lliul  served  liis  m^esly  and  bis  late  fillis 
very  much  in  the  wars ;  vet  being  to- 
dur  great  diEiipjwintinents  of^nrerermecu  tl 
court,  and  missing  the  rewara  he  ei^^edcd 
Irem  the  king,  his  heart  was  (iimed  anodxt 
way.  awl  he  had  repented  himscU' of  thoscicr- 
viccshe  hod  dune  Kir  the  king,  audwas  becooM 
a  man  of  nnotheropinion  J  and  there  wassoux 
indktcemeuis  u^on  me  that  I  was  ludiued  ta 
the  same  <i)uiunn  :  8o  he  expressed  hiniself  If 
my  lord,  aud  so  from  one  llung  to  andUKT  ■< 
went  on  in  discourse,  and  related  die  aevml 
pai'Kaments,  and  the  prorc^pitug  tbem,  (M 
the  disappaintments  of  the  people,  and  tin 
fear  of  pupiry  and  arbitrary  power:  And  tin! 

for  I  cannot  enumerate  them,  for  we  kept  i 
cotHtuuddub,  and  cfawwd  together  biai 


r892      STATE  TRIALS,  33  Charles  II.  l6Sl ,^the  Earl  of  Shaft fsbmy.      [790 


liarly  neftr  three  quarters  a  year.     After  this 
drst  acquaintance  with  my  lord  Shaftesbury  at 
hid  house,  I   did  frequently  g^  mth  captain 
WiUunwin,  and  between  Christmas  and  March 
four  or  five  times:  And  I  observed  this,  that 
when  we  came  to  ray  lord  Shaftesbury's  they 
were  cautious  in  our  accession :    la  tlie  first 
place  it  was  to  be  known  by  some  of  the  scr- 
Tints,  who  he  was  in  company  with :    And  in 
the  second  place  the  names  were  scut  up,  who 
tbey  were  that  were  to  speak  with  liini :  Some- 
limes  we  had  an  alehouse  at  the  Bell  in  the 
Mme  street :  (I  forget  the  name  of  tlic  stn^t) 
we  staid  at  the  alehouse  till  we  liad  a  tit  time, 
apCain  Wilkinson  had  acciuaintance  with  liiK 
forterand  his  gentleman  of  his  chanilxr :  And 
10  we  often  discoursed.  And  from  the  concerns 
tf  Carolina  we  fell  to  matters  more  public 
CHMeming  the  state.    I  rememlier  he  would 
■e  to  in  veif^h  shaqdy  against -the  times,  and 
Itik  upon  himself  as  not  so  valusd  nor  so  res- 
Jteted,  nor  in  those  places  and  diipiities  as  he 
iipected  he  should  be,  and  seemed  to  be  dis- 
Moteoted,  and  he  <lid  fear  popery  would  be  in- 
feidueed,  and  arbitrary  power :    And  when 
fvfiament-men  were  to  be  elected,  there  canie 
news,  bringing  particulars  of  such 
phs  and  counties,  as  had  made  particular 
us  lor  members  for  parliament ;  whe- 
Avkni^hts,  citizens,  or  burgesses :  And  he 
•miU  often  consider  that  parliament  that  was 
llitat  Oxford,  what  they  were  as  to  their  in- 
.ciiMtion  and  dispositions :  And  he  said,  they 
2  ndd  insist  upon  the  same  things  the  other 
jlKliaments  before  had  <lone.  Particularly  he 
gftU  the  parliament  would  never  grant  tlie  king 
liyitHffance  of  money  nor  satisfy  him  in 
|.Wie  things  that  he  desired,  unless  he  gave  the 
^M^  first  satisfaction  in  those  things  that 
'.uKf    insisted    on    before,  and    he   believed 
^Vwd    insist   upon    after ;   and   particularly 
fc  bill   of  excluding   the   duke    of   York 
ilB   the   crown :    Another   was   the    nbo- 
;Iiing  the   statute  of  the   S5th    of  Eliza- 
klh :  And  the  third  was  giving  his  royal  as- 
jmtfnr  the  passing  a  new  bill,  whereby  all 
,  tfaenting  protestants,  nonconformists,  or  what 
.ym  will  term  them,  should  be  free<i  from  those 
BBBalties  and  eccle»iastic    punishments  that 
.  «ej  arc  subject  to  by  the  present  established 
W :  And  he  said,  if  these  and  some  other 
vhokaome  laws  and  bills  were  passed  by  the 
.  njil  assent  of  the  king,  he  believed  that  when 
Ik  people  had  received  this  security  and  satis- 
.ftclwn,  that  they  would  be  very  willing  to 
IMM  the  king  such  accommodations  of  money 
;%way  of  assessment,  or  so,  as  his  necessary 
iWMimii  should  also  reauire :  but  without  this 
fltbflieved,  there  would  oeabi-each  between  the 


^Ihf  #Bd  the  parliament,  and  that  they  had  or- 
^mSi  tlw  parliament  should  meet  at  Oxford, 


r: 


at  this  metropolis  at  London,  where 
go  on  without  fear  of  Indng  over- 
'  this  was  an  intention  to  awe  the 
But  he  said,  himsi*lf  and  divers 
le  krdiy  and  members  of  the  I  louse  of  Com - 
bad  coiiider«d  themselves  and  their  own 


safety,  and  that  they  judged  it  dangerous  to 
go  to  Oxford,  where  they  wt»resuve  the  guanls, 
the  retinue  of  the  court,  and  the  assistant's 
of  the  scholai*s( which  usually  incline  to  ths 
crown)  might  so  ovcr-awc  the  parliament^ 
that  they  nii^ht  not  so  freely  procee<l  in  a  way 
for  the  public  good  as  they  intended ;  and 
therefore  he  and  others  had  considered  witti 
themselves,  that  it  were  fit  for  them  to  Lav^ 
guards,  and  sc^nd  them  thither  ;  and  to  this 
puqtose  he  hail  establiNhed  a  matter  of  fitly 
men,  uersons  of  quality,  that  he  believed 
would  have  men  along  with  them  ;  and  he  in- 
trusted captain  H<'nry  Wilkinson  with  th« 
command  of  these  men,  and  they  w  ere  to  come 
to  Oxfoixl  at  such  a  time,  and  if  there  were  any 
breach  between  the  king  and  the  parliament, 
or  any  violence  offered  to  any  of  these  mem« 
hers  by  the  guards,  or  retinue  of  the  court, 
that  tfien  tliese  men,  witl)  others  tliat  other 
loi-ds  had  providcfl,  should  re[>el  his  force,  by 
greatCT  force,  and  should  purge  the  guards  of 
all  the  papists  and  tories,  and  such  as  wera 
a^inst  the  Protesttint  religion,  and  the  esta- 
blished laws  of  the  land ;  and  likewise  thes« 
men  should  l)e  ready  to  assist  himself,  and 
those  other  persons  in  his  confederacy,  to 
purge  from  tiie  king  thuue  evil  counsellora 
which  were  about  him  ;  particularly  ther^ 
were  named,  the  earl  of  Worcester,  my  lord 
Clarendon,  my  lord  llallifiix,  my  lord  Fever- 
sham,  and  Mr.  Hide,  now  lonl  viscount  Hide : 
And  'these  persons  were  looked  upon  to  be 
dangerous,  and  g:ive  the  king  evil  advice,  and 
niacle  him  continue  so  very  deaf  to  what  the 
parliament  urged  hiin  to ;  and  thei'efbre  they 
said  they  would  not  only  purge  the  guards, 
and  repel  that  force  by  a  greater  force,  but  also 
take  those  Lordk  by  \  iolcnce  from  the  king, 
and  bring  the  king  to  Ijondon,  to  the  chief  me* 
tropolitaa  city,  where  those  thins^i  should  be  es- 
tablished, wliiich  they 'designed  for  their  safety 
in  these  two  resjiects,  for  the  preserving  the 
protestant  religion,  and  likewise  for  the  keep- 
ing and  defending  us  safe  from  arbitrary' power 
and  government.  U|Min  this  captain  'Wilkinson 
did  desire  me  that  I  would  lie  one  of  those 
under  his  command :  This  1  did  consent  to. 
And  he  requestcxl  me  further,  that  I  would 
provide  for  myself  horse  and  arms  ;  and  like- 
wiKt*  arms  for  my  man,  and  he  wouhl  provide 
me  a  horse  for  my   man.     I   did  accordingly 

i»rovidc  arms  for  myself,  and  a  good  stone- 
lorse  for  myself,  and  anus  for  my  man  before 
the  parliament  did  sit  at  Oxford.  I  think  the 
2dd  of  March,  I  do  not  punctually  remember 
the  day,  and  when  the  parliament  was  set,  we 
enquired  and  heard  how  things  went  on,  and 
found  that  it  was  as  my  lonl  Shaftesbury  had 
predicte<i,  that  the  narliament  did  insist  up(m 
those  very  things  tliat  he  told  they  would  do, 
but  never  believed  or  imaarined  they  would  be 
soon  dissolved.  Upon  Thurs<Iay  before  the 
parliament  was  dissolved,  captam  Wilkinson 
told  me,  he  expi-ded  that  very  week  to  have  a 
summons  to  go  up  to  Oxfonl  with  those  men 
that-  were  liirfed  with  him  j  but  tlicn  iSaturday^ 


f^i]  STATE  TRIALS.  »3  Cmaules 

news  came  uf  tlir  iliiwoliitiain  nf  Uip  paHii- 
ln«ii,  siMlllnTi4'orpittoi>L  no  further  pffert. 
The  whole  ranllrr.  tilt  mnin  (tmgv  was  Ihis, 
that  my  lunl  Mliultinliiiry  should  nave  so  many 
tuen  Id  slteoi!  him  diere  Tor  the  SMUri^  nf  hiH 
oenuD,  and  likewise  to  repel  iW  force  of  Ihc 
Ring's  ciiards,  or  any  other  persotin  that  fol- 
loweil  the  kinj; :  and  alw  to  remore  from  hiiu 
thoae  live  Lords,  and  bring  the  kiug  bark  Id 
lyuidon.  to  establish  those  kws  that  I   have 


Binith.  About  aix  we«4na^- 

Sif  Fr.  WillKiu.  Had  you  any  discourse 
Willi  llip  iMirl  nf8haft«biirv  after  captain  Wil- 
ki[wiiii>L|>iike«itli  you, or  before  thesitnne'  of 
tbr  |.irUil;ilf.1l? 

ll.„:l/i.  Imid  before,  that  the  flrrt  iBolion 
of  [III.--.1'  filly  m*n  that  w^re  to  he  luylord 
Sli.ili.-biiry'N  i-iiard  caiiir  rroio  r»trtain  Wil- 
tiiiMMi  ;  lull  nfler  llik,  when  I  went  with 
ta]iiii[ri  \Vilkiii"on  lomylordSliartesbnrj,  the 
8ui>i(  liiluK  »>v>  dist'iiurst'd  there.  The  last 
lin..:  I  nun  with  ray  1oid  Khaftssburv.  vruii 
nlHiui  :i  n ick  belbre  he  wrnl  to  Oxford,  about 
till  iLii .  k'|p,re  lhe.|tarliain«nt  iat,  or  a  nefk, 
aniilliin  I  lii'tnl  the  tmnir  discourse  from aiiy 
Iciril  Shiifteshupy's  own  month. 

8ir  Fr  Wilhenf.  Had  you  nnv  other  dia- 
counwwilh  my  lord  tfliaAesbury  f 

Booth.  I  say,  I  made  three  or  fnur  visits 
"lietweieii  ChrlMtiuw  and  Mareh,  and  we  had 
diariiurse  every  time  parlieularly  nlbont  the 
fcia^V  ]H.'n*oii,  iinil  if  tile  kii^j  did  refuse  these 
inotioua,  thai  Ibm  these  men  were  to  be  taken 
from  him,  mid  he  repelled  with  a  greater  force, 
■nd  be  broiu>ht  to  it  hv  force, 

Sr  jpr.  WilRens.  Did  j-ou  ever  make  any 
aolicilation  loauT  (o  make  this  discorery  ? 

Boolli.  ThusUr  I  did,  and  T  will  t^tl  you 
the  V  Ixdf  mutter  iti  that  point ;  there  was  one 
n  vIliT  [S:iries,  an  acquaintance  of  mine,  and  I 
tljiiii.l  rh.ii  lif  liiul,  at  Wilkinson's  requew,  en- 


V..:, 


II  atlurney  in  Yorkshire,  had  v 


'  Imhnien.     1   said,   1  dii 


n  that  ni 


T.ul 


with   Irishmen, 

I  Hi'in;  but  I  am  satitifieil 

'^iiiii  tending  to  these  ends 

ii    i'    viitb  some  Engliijhnien, 

.u..».     TluK  Mr.  Banes  did  lake 

••tice  of,  and  and  be  waa  very  fre- 

Ki  me  to  Ii-ll  him  what  the  matter 

TV  much  uiHiii  mv  spirit,  and  1 


i-n  wfltther  I 
llinini;!i  .IV  not,  or  had  belter  to  let  it  alonu 
Jinan  ill  ■.iliiice;  but  diwoiindntr  slill  more 
with  him,  and  at  tin-  tcbuU  cif  Ihsl  disi-oiirw 
'irehad  )iy  deitrei-s.  I  did  i^ite  him  unmi 
fUtinn  (if  il.  And  alter  that,  unon  senind 
IflOD^rhla,  1  bK^  »  reaolutioii  ta  discover  ' 


II.  1681. — Proceedingt  agaitut 

and  when  I  did  disMver  it,  I  Ai  1 
the  prenmct?  of  God  declare,  thai  M 
did  know  any  thing'  of  what  I  htft 
ill  rcfelVRCK  to  the  kinf;  ;  nor  did  1 
noy  more  aiiplicaiioRB  in  itie  wori 
look  |>en.  ink.  and  paper,  and  writ  il 
■nd  Milled  It  under  a  cover,  and  sent  It 

.imdl. 

Hir  Fr.  Withiu.  Gentleineu  «f  iIh 
would  yini  ask  him  any  (|unitionti? 

Papillon.  The  jury  lold  yoitr  htrAI 
fore,  that  allrr  afl  had  been  cxamiM 
wuutd  ronmder  what  i)uc«lio»9i. 

L.  C.  J.  Where  wnuU  yon  have  th« 

'SAOi  ihat  liav«  hem  examined  lo  Mand 

I'apilhn.  ^Ve  leave  to  the  ab^A 
pobit  a  place  for  them. 

L.  C.  J.  To  keep  them  a>pwt  il  ta ' 
impffioibh-i  fur  we  nitul  have  as  tnaaj 
then  ON  there  are  wttiion^efi. 
<■!  one  man  kivii  w 
Empty  that  piare 
lie,  and  let  them  stand  tliere, 
Edirard  TurhenUi:. 

Sir  Fr.  W!tJirn>.  Mr.'TmtiemIc,  h* 

Turl 

bniary  laat  I  am  not  po^titive  in  the  lb 
iUmvui  the  bednnioe  cf  the  month,  I 
nponmy  Innf  Shal^dmry  atmuiainiirl 
I  waiteil  npon  him  to  have  his  advic* 
might  cnme  fay  it,  and  toeainmylordfl 
burv's  letter  iu  my  hehali  to  the  pren 
thc'coimcil  to  htnnd  my  friend,  sod  t 
there  was  litlle  good  lo  be  had  from  tb 
aa  long  br  his  i^ianls  were  ubont  bin 
were  it  not  for  his  t;uards,  we  would  i 
go  down  to  Whitehall,  and  obtain  wha 
we  thought  fit.  Said  I,  my  lord,  I  ( 
his  jfiiarda  cannot  detend  him  from  lb« 
kingdom.  His  lordship  said,  that  the 
were  all  of  that  Midp,  especially  the 
about  Wapjiiii^  and  Alderseale'Strec 
the  rich  men  ol  Ihc  city  would  vole  (b 
tJoDR  ;  hat  they  could  not  erpeet  they 
stand  hy  them  in  caxe  there  slnmld  1 
disturbance,  for  thev  vidued  their  rirhn 
than  their  cause.  And  at  Oxford  I  llM 
lord  say  o^iii,  he  wondered  the  pel 
EnEland  should  stickle  so  much  about  n 
and  thai  if  he  were  lo  choose  a  rel^ 
would  have  one  thai  should  comply  witl 
waa  apt  10  carry  on  tlieirrausr. 

Mr.  Sutindtn.  Had '.ou  any  other  dil 
with  him  at  any  other  time  i* 

Mr.  Ttirhen'iU.  I  liild  you  alt  thkt  i 
terial  lliat  I  call  suy  to  it. 

Jo/in  SmUA. 

Smith.  My  bird,  I  only  beg  n  wori 
from  your  lorduhip,  of  some  reHedHl 

L.  C.  J.  Goto  vourevidmce. 
Smith.  My  lonl,  tlii^  i$  wmethinyl 
evidence. 
L.C.J.  Youmay takeanottaeriiiail 


79^]       STATE  TRIALS,  S3  Charles  IL  l68l.--lAe  Earl  of  Shaftesbury.      [794 


Smith,  My  lord,  it  hath  been  repmried  about 
m  roffee-houses  and  taverns,  that  I  shonld 
swemr  there  was  a  fi^eneral  dcsitpn  against  his 
majesty  ;  and  that  I  swore  it  tefore  the  king 
and  secretary  of  state;  and  that  I  also  swore 
it  at  the  triafof  Mr.  CoUedge  aud  Mr.  Rowse  : 
I  take  it  upon  my  oath  I  never  swore  any  such 
thing',  neitner  ran  I  swear  there  was  a  general 
design  by  the  city,  or  the  |»arlianient  against 
the  king. 

L.  C.  J.  Speak  what  discourse  you  have 
had  withiny  lord.Shaftesbiir}'. 

Smith.  My  lord,  1  suppose  it  is  past  all 
doubt,  that  r  have  been  very  often  with  my 
lonl  SAiaflesbiiry ;  and  I  have  often  in  his  dis- 
course observeil,  that  he  spake  very  irreve- 
rently and  slightly  of  the  king;  sometimes 
sayiiig  he  was  a  weak  man,  and  sometimes 
•aying  he  Mas  an  inconstant  man  ;  a  man  of 
no  fifiu  or  settled  resolution  ;  and  a  man  that 
was  eaytly  led  by  the  nose,  as  his  father  was 
before  him,  by  a  popish  queen,  which  was  the 
ruin  of  his  father :  tniswas  both  in  pubhc  and 
in  private.  I  have  also  observed  sometimes  in 
his  discourse,  something  that  he  mentione<l  of 
the  earl  of  Essex;  and  that  the  king  should 
declare,  that  the  earl  of  Shaftesbury  was  not 
-Mtis6e<i  to  be  an  ill  man  himself,  but  got  over 
the  earl  of  Essex  too :  this  the  earl  of  Shafles- 
bary  declared  publicly  in  his  o'wn  house. 
Another  story  was  of  the  rebellion  of  Scotland, 
dud  fhe  king  should  say,  that  the  earl  of* 
Shaftesbury  was  the  chief  promoter  of  tliat 

nvMKoii ;  and  when  this  was  told  mV  lonl 
Shaftesbury,  that  he  should  send  word  back 
agam  to  the  king,  '*  I  am  glad  (says  he)  that 
iSe  king  sees  not  his  own  danger,  nor  what  he 
lin  himself  into  :  and  pray  tell  him,  that,  if 
I  were  to  raise  a  rebellion,  I  could  raise  an 
•dierguess  rebellion  than  the  reliellion  was  in 
Soodand."  But  now,  as  to  tlie  particular 
points  I  am  to  chars^e  him  with :  1  rememlter, 
my  lord,  that  my  lord  Sliaft(*sbury  sent  for  me 
oiie  time,  and  that  by  one  Manly*;  sometimes 
they  call  him  major "iVIanly,  sometimes  captain 
Manly ;  and  this  man  found  me  at  Mr.  BettiePs 
dob  in  Newgate-Street,  at  the  Qupen^s- Arms  ; 

•  and  there  he  told  me  niy  lonl  Shaftesbury 
would  speak  with  me  that  night.  I  immedi- 
ately left  the  club,  and  went  to  my  lonl 
ShaUcsbury^s ;  and  1  was  introduced  into  tlie 
dining-room,  where  there  were  two  gentlemen 
fai  discourse  with  my  lonl  ;  and  as  soon  as  he 
aaw  me,  he  aske<l  me  how  1  did  :  I  told 
him  I  was  vei-y  well,  and  came  in  obeflienco  to 
his  lordship's  conmiai)d  to  wait  upon  him  ; 

.  lor  major  Manly  told  me  your  lonlshin  had  a 
mind  to  speak  with  me :  We  said  ho  had.  Soon 
afterward,  these  two  gentlemen  went  away. 
Upon  this  my  lord  turns  a1)out,  Mr.  Smitli, 
said  he,  Mr.  ftetherington  was  with  me  this 
morning,  and  told  me  lie  was  afraid  that  the 
Irish  witnesses  would  go  over  to  the  Court 
party,  and  retract  what  they  had  snid  fbr- 
meiiy.  My  lord,  says  I,  I  Iknow  no  person 
can  oetter  and  with  more  ease  hinder  that 
than  your  hndship,  by  procuring  some  snmll 


allowance  for  them  ;  for  they  complain  much 
of  poverty.  Says  he,  master  Hetherington 
has  the  cuarge  of  them,  and  hatli  a  special 
cure  of  thoin,  and  I  lM.*lieve  they  do  not  vrant. 
My  lonl,  says  I,  I  know  nothing  of  that,*  be 
knows  what  provision  he  hath  made  for  them. 
This  is  the  tiling,  said  my  lord,  that  I  would 
have  you  do  ;  *thcy  stand  in  great  awe  of  you, 
and  you  must  persuade  them  from  ffoing  nigh 
that  riigae  Fitz-gerald,  that  great  villain,  that 
is  pampere«l  up,  and  maintained  by  the  king 
aud  the  Court-party,  to  stifle  the  I^lot  in  Ire- 
land. My  lord,  says  I,  do  you  think  the  king 
would  be  at  such  vast  charges  for  to  bring 
over  witnesses,  and  at  last  maintain  men  to 
stifle  this  Plot,  fiir  that  is  the  way  to  stifle  the 
Plot  in  England  too,  as  well  as  that  ?  S^y  s  he, 
what  is  this  frequent  dissolutions  and  prorocfa- 
tions  of  parliament  for,  but  to  stifle  the  I^lot 
here,  and  to  hinder  the  lords  in  the  Tower  to 
come  to  a  trial  ?  Tliis  is  a  strange  thing,  my 
lord,  said  I,  when  he  gave  Dr.  Gates,  Mr. 
Bedioe,  and  Mr.  Dugdale  such  large  allow- 
ances to  prosecute  this  Plot.  Says  my  lord, 
this  is  nothing,  that  may  hold  for  a  year  or  two, 
he  may  take  it  off  when  he  will,  but  the  chief 
means  are  put  by,  whereby  we  might  find  out 
the  dqith  of  this  Plot ;  and  if  Mr.  Dugdale  and 
Dr.  Gates  be  knocked  on  the  head,  then  wbefe 
is  this  Plot?  then  there  will  come  an  act  of  obli- 
vion for  them,  and  all  things  will  be  well  as  they 
iivere  before.  My  lord,  said  I,  this  is  very  strange 
to  me.  I  can  give  you  instance  of  it,  says  he, 
when  I  was  lately  in  the  Tower,  I  told  some  I 
saw  popery  coming  in,  and  that  it  was  hard  to 
prevent  it.  I  am  sorry  to  hear  it,  said  I,  but 
what  would  you  have  me  do  with  these  Irish 
witnesses  ?  Says  he,  persuade  them  not  to  go 
near  Whitehall,  nor  this  Fitxgereld.  And  said 
he,  one  thing  more  I  would  have  you  mind, 
Mr.  Smith,  that  if  the  king  were  not  as  well 
satisfinl  with  the  comiuff  in  of  popery  as  ever 
the  duke  of  York  was,  do  you  think  the  duke 
of  York  would  be  so  much  concerned  in  the 
bring-in  of  po])ery  as  he  is  ?  I  am  sorry  for  it, 
my  lonl,  if  it  be  so.  After  this  I  parted  with 
my  lord  Shaftesbury,  with  full  instnictions  from 
him  to  those  Irish  M-imesses.  I  met  Mr. 
Etherington  the  next  morning,  and  I  told  him 
that  I  was  with  my  lord  Shaftesbury :  sa3*s  he, 
I  know  your  business,  and  would  have  you 
meet  usat  the  Sun  Tavern  in  the  afternoon. 
]\Iy  lord,  I  went  according  the  time  appointed, 
and  met  him  at  the  Sun  Tavern  between  six  or 
seven,  or  eight  of  the  clock,  as  ni»ar  as  1  can 
remeinber.  When  i  came  to  them  I  Itti'gan  to 
open  thi>se  great  and  horrid  crimes  that  I 
heanl  Mr.  Fitzgerald  accuse<l  of,  that  he  was 
a  man  come  t'»  discover  a  plot,  and  disowned 
it  Iktc,  and  retracte«l  all  he  had  said.  I 
told  them  what  a  crime  this  ^vas.  In  short, 
my  lord,  they  promised  never  to  go  near  the 
man.  I  parted  that  niglit  and  came  to  my 
lodging,  and  the  next  morning  Mr.  Ushering- 
ton  and  one  Mr.  Bernard  Dennis  came  to  my 
lodging  and  told  me,  that  this  Bernard  Dennis 
was  ready  to  give  in  infbtmation  against  Fitz  • 


V9.9^Z  STATE  TRIALS,  33  Chasles  U.  iC6l.~ProcKdingt  asaiatt 


geralil,  thnt  be  tiad  tampered  witli  liim  to  for- 
swear kll  lie  h^  siinm  before,  I  went  pre- 
sently with  !V1r,  Helherington  and  Mr-  Denniii 
to  my  lord  mayor,  who  van  then  sir  ^lleoLa 
Word;  aJkr  weliad  lold  the  busincs*  In  lir 
Patience  W[ird,sir  Fattened  asked  IliU  Dennis 
if  there  were  any  other  i^ritons  present,  Vcs, 
uaye  he,  there  was.  Sayii  sir  l^ltiencc,  you  ore 
upon  your  oalh,  if  you  know  nut  the  nalnrc  uf 
an  oath,  1  will  tell  you-  The  inrormaliun  was 
dntwn  up ;  the  copy  of  this  iofonnation  I  carried 
tu  my  lord  Khaft^bury  and  shewed.it  liiui,  he 
read'it,  and  waa  very  well  pleased  witli  it,  and 
Bsid,Mr.  Smith,  don't  yoa  see  the  Tlllainy  ul 
that  man  and  llutl  titdioua  party,  and  that  the 
Uog  runs  the  same  steps  aa  bin  faliier  dill  before 
him,  how  can  any  thing  nt'tbis  nature  be  doue 
widiDut  lliekin^  and  the  court  pamper^  bin i 
up?  My  lord,  said  I,  J  ihink  nawthelbinti  in 
clear.  Ay,  snys  he,  these  are  the  t  try  same 
slep^  that  his  fiitherfulluwed  when  he  iias  led 
by  his  popitih  queen,  and  the  poor  man  doth 
notseenis  danger.  I  (larted  Iroin  iny  hird, 
sod  came  and  i^ve  an  account  of  lliis  very  dis- 
course totlieclubin  New^te-atreet,  and  they 
'Meregladof  it,  andltuldwhatmy  lordShafles- 
bnry  sikid,  that  the  king:  would  never  be  Duiel 
till  he  came  lo  his  Other's  end,  he  followed  the 
same  steps.  Another  tUini;  that  1  have  ob- 
served parti cmlai'ly  before  the  parliament  went 
to  Oxtbn! ;  I  went  to  see  liim,  and  we  fell  into 
Mme  discourse,  and  my  lord  aaid  there  wax 
great  orcparatione  made,  and  a  ereat  many  ga- 
tnerea  t(^;etherupon  the  roadtetween  London 
and  Oitfurd.  My  lord,  naid  1,  what  la  tlie 
meaning  of  that?  Any  body  may  see.  says  he, 
that  is  only  tolerrifj^  the  parliament  to  comply 
wilhtlie  king's  desire,  which  1  am  sure  the 
parliament  never  will, -for  we  are  as  resolute 
DOW  as  ever ;  aud  more  resolute,  for  we  see 
rtearly  what  (he  kinv  aims  si,  and  that  is  to 
bring  in  popery  :  wbicli  1  told  several  j'ears 
d^,  and  when  I  was  tiuit  in  the  Tower  ;  but 

Xlie,  we  have  this  advantage  of  him,  if  he 
any  >  inlence  lo  us,  (fur  we  expect  it)  that 

\  we  have  the  nati(>n  for  us,  and  we  may  lawfully 
oppose  him,  and  he  will  m^etwith  a  very  strong 
opposilinn  ;  for  all  that  come  out  ot  the  coun- 
try, shall  be  well  horsed,  anil  well  armed,  and 
ao  we  shall  be  all  ;  and  here  is  the  city  which 
now  has  a  question  In  debate  among  them, 
whether  ihey  shall  hear  the  charge  of  their 
own  memlicrMorno,  bulthey  arc  willing  to  do 
h,  and  send  so  many  men  to  wait  on  them,  and 
if  ive  oppose  the  king,  as  we  may  do,  for  it  hath 
been  dune  in  Ibmier  times,  the  whole  nation  is 
to  stand  by  us,  and  as  I  said  when  I  was  in  tlie 
Tower,  1  nnulcl  die,  beti>re  I  would  ever  bring 
in  popery  or  any  of  that  nature. 
Jury,  Repeat  that  again. 
Si/iith.  He  said,  that  tlic  king,  if  lie  offered 

'  any  violence  at  Onford  (a  the  parliament,  he 
Vould  meet  with  a  strong  opposition,  and  that 
'dw  gentlemen  that  came  oilt  of  the  coautry 
irerc  well  provided  with  hone,  arms,  and  men, 
tg  oppose  him,  oud  tliat  they  miehl  la»l'ullv  do 

.itu  tlK  kiif  ofieied  any  TioWce  tu  ihem 


whikt  they  sat,  and  that  ihc  nation  M 
tbcm,  anil  that  they  did  nsinaent  lli«| 
and  that  fur  his  pan  tie  and  uQ  faii  ttmtiM^ 
do  il  to  |he  utmoat  of  Ibe-ir  pouiir,  and,.  1 
jisi  he  was,  he  would  be- one  that  weuldqj 
it  lohis jMiwer.  My  lord,  siud  !,»««■ 
|H.>et  nothing  but  confusion  hviDi  ihisnatfil 
is  nature,  for  then  we  shall  be  uiT(it| 
another  civil  war,  nothing  ^'ie  am  put  n 
to  Our  miseries,  or  make  this  niition  a  if 
nation,  but  acitil  Mar.  Tlien,  my  hird,l 
by  tliis  means  we  shall  make  an  end  of 

-(;hy,  or  else  enslave  the  nation  tg  im 

ever.     No  duubl  of  one,  says  he,  be 

t  sure  «f  one,  lor  the  nation  ■■  of  out 
and  the  city  you  know  liow  they  are, 
wherc-ever  ihey  strike,  I  am  sure  then 
will,  and  this  I'll  stand  and  die  by.  T 
theaubslanceof  what  I  haietosay  again 
lord  Sbaflesbury,  and  upon  tlie  oath  I 
taken,  I  am  sure  I  have  not  added  a  1 
One  word  more  I  luve  to  say,  it  is  rc^ 
have  been  hired  and  suborned,  I  iloaihiBl 
this  city  of  London, « here  ihere  arcasM 
men,  fand  as  great  lovers  of  the  kingw 
remtnent  as  any  in  the  world,  should  as] 
such  thing  J  1  was  never  suborned  by  I 
nor  never  took  a  fartlHug  of  their  niun^ 
never  took  a  failhing  of  the  kiug  in  my  u 

L.  C.  J.  Who  sujiposes  it  ? 

Smith.  It  is  in  pruit,  my  lord,  it  waai 
book  that  came  out  last  night ;  it  is  sr^ 
uiy  lord,  fur  it  is  in  print.  | 

L.  V.  J.  I  had  reason  to  expect  that 
was  no  such  objection. 

Brio  It  Haines. 

Mr.  Saunderi.  Giveyour  knowledgeal 
discourse  you  bate  heard couceruing  ruj 
.Shaftesbury. 

Jiainrs.  Sir,  I  have  heard  him  vitilVlhi 
very  often,  and  he  told  me  about  the  ?<ar 
that  I  made  about  sh'  I^diunndbury  Gud 
death,  Mr.  ivy  and  I  went  to  hira  one  da 
he  spoke  tome  of  it,  and  I  ilesrred  him 
expose  my  person  to  the  king's  anger,  tor 
sure  he  would  never  grant  a  pardon  lo  an; 
that  impeaehed  the  earlof  Danby.  Sd\ 
do  not  fear,  if  he  doth  not  grant  you  a  pi 
he  makes  himself  the  authorof  tbcplDl 
says  he,  the  earl  uf  Essex,  my  lord  Ml 
and  I,  wedoall  resolve  if  you  put  it  inwi 
wewill  go  to  the  king,  and  beg  a  pardon 
majesty  for  you,  andif  hedolltnotgraut 
will  nuse  the  nhole  kingdom  against  him 
says  be,  he  must  nut  expect  tu  liv«  peai 
in  bis  throne,  if  he  doib  not  grant  il.  ] 
makes  himself  an  ihnr  of  the  pint. 

JMy  lord,  said  I,  he  hath  dissolved  h 
parliaiiienlK  for  the  sake  of  the  earl  of  X 
and  prorogued  so  many  parllaiuents,  tb< 
he  wdl  never  grant  me  this  pardon.  Sa 
do  nut  fear,  it  u>  the  be^it  pretence  we  cM 
in  the  worM,  and  if  you  will  but  put  h  i 
ling,  and  kt  me  react  it,  that  I  may  ri 
opinion  of  il,  the  work  is  done  ;  and  il^ 
not  du  it,  wc  are  prepared  hi  ruse  tt^^ 


f97]       STATE  TRIAIA  33  Chahlus  II.  iGSU-^the  Earl  0/  Shqfteshury.       [799 

the  wifnrsses  that  were  coDcerned  In  the  Po- 

{»iah  Plot ;  at\er  my  loni  went  to  Oxford,  I  vrrit 
liiu  a  letter,  pTiiu;  liis  lordship,  t(i  understand, 
that  ivhcreaR  hi^  loniUliip  Mas  picasetl  to  pro- 
:  niise,  tliat  he  vvoiihl  take  care  of  the  witnesse<i^ 
'  that  heiivouM  l>e  pleased  to  take  care  of  me, 
as  well  as  the  rest  of  the  witnesses  ;  after  mj 
lord  came  home  from  Oxford,  I  went  to  him, 
to  Kec  what  was  done.  His  lordship  was  plea- 
sed to  express  himself  and  say  that  the  kinir 
was  popishly  affected  and  did  adhere  to  popery, 
and  that  he  took  the  same  methods  that  his 
father  before  hun  took,  which  brought  his  fa- 
ther's head  to  the  block,  and  we  will  also  brin^ 
his  thitlier  ;  and  told  me  also,  tliat  he  told 
some  persons  of  quality,  that  this  woidd  fall 
out  five  yearn  before  ;  at  tlie  same  time  my 
lonl  told  me,  that  there  was  a  collection  of 
money  made,  and  that  the  meetint^  was  at  the 
Sun  tavern,  and  that  there  came  a  Tory  Lord 
in  to  hinder  their  proceeding,  but  say  she,  we 
.  do  remove  to  IronmoBger-Liane,  ami  says  he, 
{  you  shall  hear  further  in  afortuig^ht.  I  came 
I  to  my  lonl  a  fortnij^ht  afterwards,  and  his  lord- 
ship was  pleas4>il  to  ti'll  me,  that  there  was  pro- 
vision made  for  the  witnesses,  and  that  it  wan 
in  the  hand  of  one  Sir.  Rowse,  that  was  servant 
to  sir  Thomas  Player  ;  there  was  <me  3Ir.  Ivy, 
and  I  think  my  brother  was  by  too,  when  hit 
lordship  spake  these  words :  He  said  that  tho 
kioff  was  a  faithless  man,  that  there  was  no 
credit  to  be  pfiven  to  him,  and  that  the  duchess 
of  Mazarine  was  his  cabinet  council,  who  watf 
the  first  of  M'omankind.  Tliis  is  all  that  I 
I  have  ti»  say,  my  lord. 

Sir  Fr.  Wif/tcus.  Do  vou  rememl>er  nothing^ 
at  any  other  tiin,e  ? — J.  ^ilacnamnrra.  No. 

Sir  Fr,  \Vi thins.  Did  you  hear  any  thinff 
about  deposini;  the  kin{>^  p 

J.  ^Incmnmirra,  Yes,  he  did  at  thesainctimc 


him.     I  was  with  him  another  time  ai)er  I 
made  this  Narrative,  and  he  told  me  tlietwo  Mr. 
Godfreys  were  with  the  kint^  at  Windsor,  and 
be$:^ed  a  pardon  of  his  mojisly  for  me,  but  the 
kin^  would  not  ^rant  it,  but  if  he  l>e  an  honest 
man,  let  him  die   at  my  mercy,  let  him  come 
in  and  decbra  what  he  knows.    Said  I,  I  would 
not  ha\  e  your  lordship  expose  my  cause  in  these 
days.     This  is  the  best  time  for  it  in  the  world, 
■ays  he,  if  he  doth  not  do  it,  he  cannot  exi)ect 
tobelonfif  kinjQr  of  £np^land.     IVay,  my  lord, 
•aid  f ,  what  shall  I  do  in  the  menn  time  P    I 
will  {^o  beyond  sea,  said  1.     No,  says  he,  do 
not  Itnve  the  kinjn^om,  he  dares  as  well  be 
handed  as  meddle  ^ith  yon.     I  desired  him  a 
Kcond  time  not  to  exi)Oce  inc  to  the  king*s  for}', 
and  I  ^imyed  him  to  lielp  me  to  a  little  money 
to  pi  bcvond  sea,  for  I  was  sure  I  could  not  l>e 
faie  iu  £n«|;land.   Says  he,  have  a  care  of  your- 
self;  but,  says  he,  he  dares  as  well  be  hanged 
as  meddle  with  you.    Then  I  was  in  close  con- 
ference with  him  one  day,  and  I  pive  him  so 
exact  an  account  of  all  transactions  from  king 
Charles  the  First's  reit^n,  the  commenccmeiit 
or  coming  to  the  crown,  to  this  very  day,  that 
he  was  mightily  satistied  ;  finding  *by  me  that 
I  was  a  traveller,  he  was  mightily  pleased,  and 
free  with  me.     I'ray,  my  lonl,  wliut  iuo<Iel  do 
you  take,  or  intend  to  do  P   Says  he,  do  you 
not  think  but  there  are  families  in  £nghu)d  tliat 
kive  as  great  pretences  to  the  crown  as  tlie 
king  ?  Says  he,  there  is  the  duke  of  Bucks,  in 
Ihe  right  of  his  mother,  she  was  d(»scendcd  from 
Edward,  one  of  the  Edwards,  and  in  her  right 
he  claims  the  barony  of  Ross,  he  hath  as  great 
ft  right  t«i  the  crown  of  England,  as  ever  any 
tbnrt  of  tlicm  all. 

Jury,  S}N?!ak  that  again. 

Haines.  I  was  in  cimferencc  with  my  lord 
ftafkesbury  one  da^',  and  1  g:ive  him  an  exact 
account  of  all  transactions,  and  I  asked  what 
Ibcy  did  intend  to  do  with  the  go\enim€nt,  if 
they  pulled  the  king  down.  Says  he,  do  you 
dunk  there  ai-e  no  famihes  in  England,  that 
hftTe  as  much  pretence  to  the  cn»wii  as  any  of 
the  Stuarts  ?  1  know  none,  my  lord.  Says 
he,  there  is  the  duke  of  Bucks,  tliat  is  descend- 
ed of  the  &mily  of  the  Plantagencts ;  he  named 
■ome  of  the  Jbdwanls,  in  her  right  he  should 
hftTe  the  barony  of  Ross,  and  in  her  right  he 
has  ftsgood  a  title  to  the  crown  of  England  as 
ever  ftuy  Stuart  had. 

.  John  ^lacnamarra  fm'orn. 

Rir  Fr,  Withens.  Pray  give  an  account  to 
Ihe  Jury  of  what  discourses  you  had  with  my 
lord  Shaftesbury. 

Jilacnatnarra,  My  lord,  I  was  with  my  lord 
Bbaflabur}'  a  little  hefore  he  went  to  Oxford, 
bdvire  the  parliament  sat  there,  and  my  lord 
told  me  at  that  tune,  that  he  would  take  (»re, 
together  with  those  that  were  with  him  at  Ox- 
ford, for  the  witnesses  that  where  concerned  in 
tiie  Popish  Plot. 

Hurrmrn,  Speak  out,  pray.  Sir. 

Maemamarra^  My  lord  told  me  he  would 
tabrtB»i  with  thoi9  tbftt  w«ra  with  hiiB,  for 


say,  the  kint-'  ib»ser\'ed  to  he  deposed  as  mucii 
as  ever  king  Rirbanl  the  second  did. 

Dennis   Mncnumarra, 

Mr.  Sauuilerx,  Tell  these  gentlemen  whether 
you  have  liad  any  discourse  with  the  earl  of 
Shai>eslniry- 

1).  Macntnnarra.  He  said,  my  lord,  that 
the  king  was  a  man  that  ought  not  to  be  be- 
lieved, and  there  was  no  belief  in  him,  and  ihaJ^ 
he  ought  to  l)c  deposed  as  well  as  king  Uich- 
anl  tho  second,  and  that  the  duchess  of  Maza- 
rine was  one  of  his  cabinet  council,  and  that  he 
did  iiothiiig  but  by  her  advice. 

*^'ir  JFV.  Withens.  lij^in  again. 

X.  C.  J.  Raise  your  voice  a  little,  for  the 
Jury  do  not  hear  you. 

V,  Macnamarra,  That  the  king  Is  a  man 
that  ought  not  to  be  believe<l,  that  there  was 
no  belief  in  him,  and  tliat  he  ought  to  be  depo- 
sed as  well  as  king  Richard  the  second,  and 
that  the  duchess  of  Mazarine  was  his  cabinet 
council,  aud  that  he  did  nothing  but  by  her 
consent. 

X.  C.  J.  Who  was  with  you  at  that  time  ? 

D.  Alacnamarra,  There  was  Mr.  Ivy  and 
my  brother  at  his  own  house. 


799]  STATE  TRIALS,  35  CiiABLES  IL  \6&l^Pnmdmgi  wgsfntl         [aw 

L.  C.  J.  When  was  thisT 

D.  Mac«a«>erra.  ItwuM  tlmtatU-TCi 
i^Ioroh  ur  ill?  be^miiii^  of  April. 

mr  t'.  Wilk>Mt.  Yuu  My  Mr.  Ivy  was  I 


D.  Mecm>«uirra.  Vet. 

tfir  F.  miArm.  Cail  Mr.  hry. 

.   Wliat  place  wiLsit  in? 

*      amarra.  In  his  irwn  Yum 
Edoard  /ryswoni. 


Jury.   V 


Jvy-  itiy  io^i  soon  after  tlie  parlianietit  traa 
diMolcfd  M  Uxfurd,  1  was  at  my  lord  Hbntles- 
bury'n  houie,  wbiirc  he  was  spinkio^  against 
the  kiWi  ■n*'  ^iili  that  Ii<^  was  an  unpiist  iiian, 
ftud  uuut  to  '"ei^,  auil  that  he  was  a  Fapi^  in 
hislleut,  Mid  wciiilcl  inlroduLC  popery. 

Jury.  Hay  thut  ujfaiii. 

Jvf.  I  t«II  ynii  I  WHS  at  my  lonl  Shaftes- 
bury h  lionsv,  nhcTi-  he  ivan  thcD  B|ieakiaff 
agaiiMt  thRliiDt!.  Kayioif,  that  he  wasallogKtlier 
tiiijiuir,  Mid  nut  til  10  ridrn.  and  Ii«  Wjaidered 
be  did  nul  lake  I'xaiituli'  hy  his  &th«r  before 
hill),  aiiil  did  really  believe  tltat  he  was  a  I'a- 

K'tit  in  his  hfiirt,  niul  uilciiiled  to  inlroiluce 
Dpery.  I  waGMimclitncB  aEler  with  liiin,  an'l 
I  luld'hin)  one  Hainea  had  tuld  lue  he  ha>l 
tHUDething  to  disnirer  about  tht  death  of  sir 
Gdinimdbury  GvdlK'y,  and  scTeral  other 
things,  and  my  lord  desired  lo  stv  tiiia,  and  I 
brnutit  Mr.  Haines,  to  liia  house,  and  he  de- 
sireirhiui  that  what  he  had  to  my  he  would 
ful  in  writing,  and  he  .Hhuuld  have  a  pardon, 
'■■■"'■       '  did  dtny  il,  as  he  darifs 


enyit, 
indlbrt 


^  F^Wulicni.  Had  you  any  other  discourse 
>1  other  times  f 

Ivy.  Yes,  1  hail  other  discourse,  but  not  to 
lUajtnrpoBe. 

«ir  F.  Withtta.    Was  you  rrciiuently  with 

.^- wiljibiui;  IiedL-slrnl 

iswithliim  to  bid  Colled^e  to 
«o«ae  to  him,  and  I  went  aud  rame  ugain  to 
Haino  "iili  iii>.lnitiiiins  how  to  proceed,  and  I 

ttHjli  11/.  i  1 1   III  III,  and  can'ied  it  in 

ii'v  '"<  '  ii   might  be  explained 

'        '  1  black 


says  b. 


L'Lin  tlie  kinjj,  he 
he  kins, 
e  rent ;  and  if  he  does. 


of  the 


pUin  hiutsell',  and  iipe^ 

duke  of  York,  nr  the  re»    , 

will  lake <»re  of  liim  as  lung  us  he  lives;  bi 

unless  he  does,  we  will  do  nutlliiig  fur  him  : 

And  1   was  H'itli   him  uilh   luy  loni  Shatles- 

bury,  and  my  lord  Slialiesbiiry  did   cxclaiiii 

against  the  kinif . 

-    SaF.Wiikcns.    W  hat  woaI^  did  be  speak  ? 

Illy.  He  raid  he  was  ulocri^ilier  an  uujust 
»an,  and  not  lit  iu  reign,  ajjil  dut  be  belieieil 
ne  waa  a  Fapist  in  lib  hi'art,  and  deNitfiied  to 
lutroduee  i'epery,  aud  llieref(>re  tli.y  disi:,nied 
to  dSfHise  hiui,  uii  t  set  up  aauthir  in  his  stead. 

Sir  F:  H'iiAe,,..  |)u  you  reoieinl.tr  uiiy  dis- 
odiwseof  Hicbard  the  Second  at  that  time .' 

/'J*'  No,  Sir,  1  do  uut  reuuuibcr  any  tliiiii; 


8ir  K  lI'irAcnt,  Pruy  l«ll  the  jury  what  ^ 
cnurseymihnd  with  the  carl  of  Miaftisbiiry  U 
uiy  tinu, andwbst  it  was. 

B.  DcHuii.  My  loi'd,  I  rsinc  nnou  a  daiga 
Ia  mala'  elnr  the  plat  iu  gencnu.  attarul 
have  travelled,  sa  lu  Ireland.  Fnuire,Kpvn, 
Maryland,  Virginia  and  England,  ami  upw 
that  uccount  I  was  brought  liefnre  a  jiuitiai  iif 
the  peace  in  Westminster,  Ntn  enibcT  but,  lbi« 


Warciip,  a  juatjcc 
llicnre  tiiihc  conmiiueof  the  Hoiwe  of  Caai- 
tnoiis,  of  wbutu  colonel  Uircb  (1  lieliere  he  ii 
her«)  was  chaimian,  and  save  <a  my  I'tideuii, 
and  lieiiig  calli-d  il|>un  at  the  trial  ot  tli«  <a'H  sT 
SiaSord,  I  WAS  commanded,  as  I  suppoK  is 
thi-  earl  of  8hallrslmry.  atid  upon  Aic  »e- 
eoniU  he  seiil  me  word  of  it,by  William  Hetbtr- 
inKliin,  who  wsh  (hen  irry  intimate  widi  tbt 
eurl  of  HbaAeHlairy,  to  my  knuwlodgs  i  vA 
William  llcthpTitigton  came  <o  nH<  »e««il 
times,  and  he  iirenscly  was  my  maintainrr  M 
that  tiiac,tliatii<,  to  fiudinc  whatever  I  wanted, 
Olid  provide  me  my  lodging,  and  earn  nujit 
soma  place  where  accamodatlon  niigtit  be  mote 
better  for  inc.  Ujinn  this  aconiiut  one  time  dn 
earl  of  Shafttiibury  sunt  t»  me  deuring  tb*l  I 
would  wost  i^KMi  kim  at  his  awii  hiMM«.  I 
came  to  hiw,  and  there  in  the  galkry  nf  U( 
own  hoiue.walkinir  very  slowly,  he  told  me  wbil 
1  gave  in  of  llie  plot  in  gelj.'ral  wua  very  i^ 
and  safficieiit,  but  aa  to  the  queen  ami  tlu'  dukr 
of  York,  thai  I  should  upcak  more  home  *td 

r'tive  againrjl  them  ;  at  least,  tliat  1  mi^ 
.  iMirr«M>raIi(in  to  irthcrs  in  what  they  atioR 
against  then).  This  was  all  at  thai  pnaeni 
time,  thai  the  earl  of  Shaftesbury  sjioke  to  me, 
taiA  he  desired  me  to  go  home  to  his  lodging*. 
Willi  that  I  uent  home,  and  withiuamontb.U 
nisy'be,  ur  lliereabouts,  ho  sent  lor  ti>e  again, 
by  the  same  Williaio  Uethenngton,  and  Wit 
liaoi  Hetheriogtcn  told  rue,  liiat  the  eaii  sf 
ShsAciburv  wouldspeak  with  me.  So  I  caar 
and  waitecf  npon  his  lurdidiip  al  his  uwu  homr, 
and  says  he,  )tr.  Dennis,  1  undeTsiand  that 
you  are  a  clergvnuin.  Ve»,  my  lord,  said  I. 
And,  Kays  lie.  I  would  advise  yau  to  take  • 
black  gown,  ood  f  will  prefer  you  to 
till  such  time  as  this  business  \s  overi  ■■■, 
says  he,  at  the  end  of  this  busiaess  1  will  Ml 
&il  til  prefer  you  t^i  a  better,  and  in  the  IMU 
time  I  would  advise  yoiitotakcaUack  gown; 
and  tills  was  a  little  as  I  remember,  a^cr  tha 
jiarliaii^cnt  was  dissolved  at  Oxford  ;  and  h( 
Biint  a  gentleman  out  of  bis  own  bouiw  ak«g 
with  me.  to  a  Doctor  of  Divinity  living  hard  by 
Lincoln's- Inn -Fields,  Ur.  Burtiet  by  iwune,ai 
1  renii'inber,  and  the  gmtleman  ■i-qiiainlwl 
the  Doctor  what  I  was,  aud  about  whU  ooc*- 
sion  1  CBiue  there  ;  so  the  Doctor  indeed  dii> 
counied  u  itii  me  very  liuuiliarly,  and  reodend 
thanks  to  the  earl  lor  recommendTng  me  iakt 
his  comersnli'in  r^hcr  than  another's.  What 
diHCuursc  we  had  then  was  nothing  to  the  mat- 
ter, il  was  about  uiattoa  of  oonacM^eevdn- 


]      STATE  TRIALS,  33  Charles  II.  i6si,^^ki  Earl  0/  Skaftalmrg.     [809 


(in  whence  he  brought  me  to  a  bookseller's 
p,  and  boufi^ht  for  nie  the  articles  of  the 
trch  of  England,  and  in  all  these  discourses 
re  was  a  hand,  as  Culiedff  e  told  me,  of  the 
I  of  Shaftesbury,  who  did  procure  him,  and 
t  to  Dr.  Burnet  to  bring  me  that  way.     I 
DOt  deny  neither,  that  I  nad  an  inclination 
[>re  1  leu  Ireland,  and  when  1  was  in  Spain, 
1  when  I  was  in  France,  for  to  become  a 
testant,  acconling  to  the  laws  and  rules  of 
diurch  of  £iic^land.    Tlie  force  of  ^t  hat  I 
'e  t4»say  is  this,  The  earl  of  Shaftesbury 
\  day  after  all  these  things  were  past,  and 
sr  the  parliament  were  (Ussolvcd  at  CKfuril, 
DMirsing  with  me  in  his  own  house,  major 
oly  being  in  the  same  room  then,  who  lives 
find  Tower-ltill,  he  aske<l  mc  what  was  the 
mt  occasion  I  came  to  him  there  ?  And  it 
ipret  V  early  in  the  morning,  and  the  earl 
I  a  barber  to  trim  him  in  his  room.     I  told 
1  my  occasion  was  then,  that  I  was  some- 
iglow  in  money,  that  I  did  A  little  want 
ley  at  th&t  time,  and  did  not  know    to 
am  to  speak  for  any  thing  but  his  lord- 
),  and  said,  I  came  to  tell  you  so.     Well, 
I  be,  Mr.  Dlsnnis,  I  have  appointed  Mr. 
fie,  John  Rowse,  whom  you  snow,  fur  to 
I  you  and  maintain  you  hi  money  ;  fi^'o  to 
I  especially  once  a  week,  and  heVill  give 
money,  and  said  he,  Mr.  Dennis,  w  hut  is 
ninnber  of  your  name  iu  the  country,  as 
r  ai  vou  can  tell,  how  many  arc  you  ?  Sly 
\  null  I,  to  tell  you  exactly  what  number 
f  be  of,  I  cannot  at  present,  but  within  a 


But  Mr.  Colledge,  that  was  the  Joiner  ;  destruction ;  and,  says  he,  if  yon  had  been 
e  in  town,  and  executed  afterwards,  being  ;  under  a  cununouwealth,  the  commonwealth 
liliar  with  nie,  brought  me  to  one  Mr.  |  would  take  more  pity  of  your  nation,  and  the 
guson  a  minister,  as  t  suppose  of  the  gentry  of  your  nation,  than  any  ot  them  do 
wyterian  fornix  for  he  ffoes  in  their  garb  as  .  now,  in  this  time  wherein  the  king  governs, 
r  as  1  can  tell,  and  Mr.  Ferguson  at  our  •  and  upon  this  1  do  count  the  Irish  fo<^.  Thia 
t  meeting  was  in  Richard^s  coffee-house,    is  all  that  I  can  say. 

Ji  upper  room  one  pair  of  stairs,  and  in  some  L.  C.  J.  The  king's  counsel  declare  they 
ipaiiy ;  and  ColleJffe  going  to  him  brought  will  call  no  more  \iitnesses,  for  they  think  they 
I  aside,  and  spake  to  nim  concerning  me,  and  have  called  enoui^h  already,  and  there  are 
came  to  me  apart,  and  discoursed  with  me:    several  of  them  that  do  swear  words  that  are 

treasonable  in  themselves,  if  you  do  desire  to 
ask  any  of  the  witnesses  any  thing,  you  shall 
have  them  all  called  one  by  one. 

Foreman.  My  lord,  we  will  walk  up  agaln^ 
and  consider  wuat  questions  to  ask,  and  come 
again  presently. 

Mr.  Papilton.  It  seems  they  will  call  no 
more  witnesses  than  these. 

L.  C.  /.  Not  against  tlie  earl  of  Shaftea- 
bury,  being  you  arc  charged  only  with  that. 

Mr.  Pauillun.  It  is  so ;  my  lord,  but  we  pray 
^ve  may  ne  satisfied  alxmt  the  statute  upon 
wliicli  the  indictment  is  grounded,  and  that  we 
may  hear  it  read  before  wc  eo  up,  because 
your  lordship  spttaks  of  two  diffen^nt  statutes, 
the  f25th  of  £dward,  and  you  mention  the 
statute  of  the  13th  of  this  king ;  your  lordship 
in  your  discourse  to  the  jury  mentioned  then 
both,  we  pray  your  lonlship  to  acquaint  ua 
uiMin  what  statute  it  is  grounded,  whether 
upon  Ikoth  or  one  of  them. 

L.C.J.  Look  ye,  gentlemen,  this  is  gfround- 
cd  upon  the  statute  of  this  king,  though  thero 
is  enough  to  find  an  indictment  of  treason  upon 
the  statute  of  the  (25th  of  £dward  the  tluid. 
That  which  is  treason  within  the  statute  of  the 
2jth  of  E<I\vai-d  the  third,  is  treason  within 
this  statute,  so  this  is  the  more  copious  statute ; 
for  as  I  told  you  before,  this  statute  has  en- 
larged that  of  Edward  the  third  in  a  great 
many  particulars;  and  therefore,  look  ye, 
gentlemen,  always  consiiler  this,  when  one 
statute  contains  tlie  matter  of  another,  and  en- 
larges it,  the  indictment  is  always  upon  the 
e  time  I  may  tell  yon.  I  believe  really  j  hist  statute,  that  being  the  more  copious  stlt- 
vmay  be  upon  the  matter  3  or  400  able  tute :  Mut  you  are  to  consider  both. 
I  of  my  name,  in  the  county  where  I  was  '  X.  C.  J.  North.  The  indictment  is  eanlra 
u  Says  the  earl  of  Shaftesbury,  Mr.  formam  stutut\  and  it  being  contra  formam 
mis,  I  Avould  very  willingly  have  vou  ad-  ■  statut\  it  may  be  undcrstu«)d,  itatutorum  or 
those  of  your  name,  and  those  of  your  |  ftatuli,  so  that  all  statutes  that  may  be  the 
ids  fi»r  to  be  in  readiness,  whenever  occa-  i  foundation  of  this  indictment  you  may  go 
shall  serve,  and  to  stand  by,  if  occasion  j  upon. 

dd  be,  for  to  assist  the  commonwealth  of  I     Jury.   We  desire  to  know  whether  any  of 
;laiid ;   for  we  do  really  intend  to  have  [  these  mtnesses  stand  indictc«l,  or  no  ? 
(land  under  a  commonwc^th  and  no  crown ; '      L.C.J.  I>ook  you,  gentlemen,  don*t  talk 
,  nya  he,  we  intend  to  live  as  we  see  Hoi-  '  of  this,  but  consider  with  yourselves,  an  exa- 
l  doca ;  that  is,  to  have  a  conrniom^vfiUh  j  mination  of  proofs  concerning  the  credibility 
Id  have  no  supreme  head,  particular  man,  *  of  the  witnesses  is  not  properly  before  you  at. 
I  ht,   or   king,   nor  owe  obedience  to  a  ,  this  time ;  for  I  niuist  tell  you,  and  inform 
rn;  and,  says  he,  we  will  extirpate  the  '  you  as  to  that,  you  are  not  to  examine  proper - 
C  and  all  his  family  as  near  as  we  can ;  ;  ly  here  ctmceming  the  credibility  of  the  wit- . 
Mr*  Dennis,  says  he,  I  do  admire  that  ;  nesses,  that  is  not  to  be  proved  or  controverted 
r  aAtiDD  should  ne  such  foKAi  as  they  are,    here  before  you,  that  is  matter  upon  a  trial  by 
it  b  Tenr  certain  that  king  James,  queen  ^  the  petty  jury,  for  there  the  king  will  be  heaitl 
iiftilh.  kmg  Charles  the  first,  sa3rs  he,  and  ;  fur  to  defend  the  credit  of  his  witnesses,  if 
kfavttetiwir  jj^  dpm  wrong  you  to  very  j  there  be  any  thing  that  can  be  objected  against 
oiTtiii.  I     3F 


'mtr,  Watt -fln 'f4» 'h' ti 


r  the 


■s  to  do  tbut, 


SBtisfied,  in  na''ing  matter  that  is  trcasooable, 
and  havii^  it  witnessed  by  two  men,  hy  two 
witnctn,  who  are  intended  prtma^/wiecfe- 
drble,  iml«u  youof  your  own  Knowledge  knew 
the  contrary ;  for  otberwise,  you  must  col- 
lider what  a  djsadTBntage  this  wnntd  be  in  ii\ 
such  cases,  if  the  credinility  of  the  witnesses 
should  be  Vnuuincd  before  the  grand  jury, 
where  the  kinr  is  not  present,  nor  in  a  possi- 
biliK  of  ilefenuing  tlio  credit  of  his  wiineiwi  -, 
nor  IS  the  prisoner  or  the  party  indicted  pre- 
aent ;  that  is  a  proper  (ihjectioD  when  be  comes 
npon  his  trial  ;  for  all  men  are  intended  cre- 
dtl>le,^11  there  are  objections   against  them. 


Ur.  PmUbK.  Hv  ta|d.  If  -nm  lotMfip 
aUv  Md,  I  wBl  bw'Ota;  1  doita  your 


e  thingti  allcdgcd  and  prored,  unlen  yuu 
know  any   Ihin^  yourselves  :    But  if  anr  of 

Cknow  uiv  thing  of  your  own  knowledge, 
you  ought  to  Uke  mto  cotuideratjon,  no 
doaMof  it. 

Jwnr.  V^  well,  niT  lord. 
L.  C.  J.  The  Grand  Jury  are  to  hear  no- 
ItuDg,  but  the  evidence  against  the  prisoner  ; 
Aerefbre  for  you  to  enter  into  proofs,  or  expect 


tay  here,  concerning  the   credit  of  the 
■ewes,  it  is  imposnble  for  yon  to  do  justice  ot 
tbU  rate. 

The  Jury  wMidrew,  anil  the  Court  utjoumccl 
liU  Have  o'clock. 


le  witnessei  be  bftnight  in 
c^nestJon  of  Mr. 


.    L.C.J.  Let 

foeby  tnw. 
^Foremnn.  We  will  fii 

'jWemiin.  Who  pot  up  the  papers  F 

Qaiyn.  1  put  ap  the  pa{teni  myself. 

AMwnan.  Who  went  in  nilh  you  f 

Cwyx.  None  but  my  lord's  serrants,  I 
lUtd^  were  time  :  But  I  put  up.  the  papers 
«mdf. 

eoranaH.  Pray,  Sir,  whose  hand  writinB  is 
a«i<«P«fofF 

Omji^.  Indeed, Sir,IcaunotteU. 

IbnaHM.  How  did  it  comft  into  my  loi-d 
OwfteAtair'anlaset? 

Gwm.  Hy  lord,  this  is  a  strange  questimi . 
■■dtd, St  1  cwmot tell ;  all  Ote  papersth^r 
f  fbtad  fai  ttiM  doKt  I  put  into  dm  bag. 
'  %  C  X  To  Hfiafy  the  jury,  was  £e  pa»r 
^  itoet  befeie  you  came  tttere  r 


-Uc-jwk 


OBBr 

■mm.  ab,  li(M<rMdite«rlL 

AtAm*.  Yta  h>n  aoClHaA 


tilkaf  flC 


--   -  Secretary,  1  wouM  tA.  joa 

MBMqqtadeiis ;  If  you  did  not  know  of  a  ^ 
bite  in  psHianient  of  an  Association  ? 

SorAmrf.  I  was  not  present  at  tbedcJKle; 
Intthcnwaiiatalkintownaf  an  Aamcttiioit. 

Ibrem*.  Did  not  you  hear  of  it  in  paib- 

Seer*tmy,  Indeed  there  was  auanswerto* 
DNHwefiVLi  the  Rouse  of  Commons  thathiJ 
HNOsmbv  !n  it  that  did  strongly  imply  an  Ai- 

"""tb  ;  hjt  this  particular  AesociBtian  1  it 

1  tk 


it  was  read  upon  k 


Hoon  <f  Cnmmons,  istr,  i\ 
earioBordtttbillF 

Secrrtiuy.  I  heard  snch  a  thing  spote  of; 
but  at  the  reading  of  it  1  waa  not  preatas,  Is 
the  best  of  rav  renMtmbrance. 

Foreman.  What  date.  Sir,  wasthewtnHl 
fbr  my  lord  Shaftesbury's  commitiiMntF 

Stcrttary.  I  refer  myself  to  'die  wami^ 
for  that  I  do  not  know  the  date. 

L.C.J.    ] 
about  the  time  that  it  i 

Secrttary.  I  was  the  man  that  had  tte 
honour  to  ngn  that  woirant  by  which  the  9a- 
jeant  at  Arms  did  apprehend  my  XarA  fllisflis 
bury,  but  what  .day  crt'  the  mcmth  I  do  witn- 
member;  and  therefore  I  refer  myad£if  joi 
please,  to  the  warrant,  and  to  AieSeqeaBtst 

Toraaan.  What  month  was  it  f 

Seerelary.   Sr. 

Foreman.  About  what  month  f 

Seerelary.  July. 

Foreman.  The  b^rinning  of  July  P 

Secretary.  Sir,  I  no  not  remetoWthsJ^ 
precisely;  for  I  did  not  foresee  Itiatqnatiia 
would  be  asked  me  ;  but  I  refer  nysetf  to  tl« 
warrant,  and  that  is  b^ond  aO  dsabL 

Foreman.  I  su[^MBe  all  these  witneaM*  bt 
are  examined,  were  examined  before  theCim- 

Secretary.  Sir,  they  wera  ezamiiM^,  and  I 
waspresent  at  the ezamlnMioB. 

foreman,  Allof  them? 

Secretary.  I  do  not  laow  «4u^et  aO  of 
them  ;  but  I  am  sure  1  was  at  div  TTmminstilP 
of  serersl  of  them. 

Fortman.  How  many,  Sr  7. 

Secretary.  1  cMUDt  Mil  titfy  iMmwaj- 


M5]      STATE  TRIALS^  3a  Charles  IL  l6Sl.^-He  Egrl  0/  Shfieihuy.      [aofi 

I     Foreman,  Did  he  talk  to  this  purpose  erery 
time? 

Booth.  Something  to  this  purpose  he  did 
talk  every  time,  but  not  so  fully ;  for  I  was 
flrst  acquainted  with  this  business  of  Oxford  by 
captain  Wilkinson,  and  1  had  a  gr^  desire  to 
understand  it  from  my  lord's  own  mouth,  be* 
cause  I  would  be  satisfied  in  my  lord's  interest 
as  well  as  his  conduct. 

Foreman.  Fray,  Sir,  what  education  har^ 
you  had  ? 

Booth.  I  have  had  the  education  of  a  gen- 
tleman,  an  academical  education. 

Foreman.  Were  you  ever  in  orders  ? 

Booth.  Yes. 

Foreman.  Do  you  own  yourself  to  be  in 
orders  still? 

Booth.  How  do  you  mean  to  be  in  orders  ? 
I  tell  you  I  was  in  orders ;  hut  I  am  not  now 
beneficed. 

Foreman.   Do  you  officiate  as  a  minister  ? 

Booth.  No. 

Foreman.  Were  you  evet  an  attorney's 
clerk  ?^BooM.  Never. 

Foreman,   Or  a  justice's  clerk  ? 

Booth.   Never,  nor  to  no  mortal. 

Foreman.  Were  you  ever  indicted  for  fe- 
lony.^— Booth.  No. 

L.  C.  J.  That  is  a  question  not  to  be  asked 
by  any  jiirjrman  of  any  witness  whatsoever : 
no  man  is  bound  to  discover  any  thu^  of  that 
nature,  that  is  criminal,  concerning  hunself. 

Foreman.  If  it  be  pardoned,  my  lord,  he  may. 

L.  C.  J.  Pardoned  or  not  pardoned,  he  is 
not  bound  to  accuse  himself,  nor  to  fix  a  scan- 
dal on  himself. 

Booth.  No,  my  lord,  *  Nemo  tenetur  seipsum' 
'prodere.' 

L.  C.  J.  Sir,  we  must  not  sufier  such  ques- 
tions ;  I  will  tell  you  the  reason :  it  is  proper 
for  a  prisoner  that  stands  upon  his  justification 
to  object  it,  but  then  the  prisoner  must  prove 
it :  it  lies  upon  him  to  prove  it. 

Mr.FupiUon.  Mr.  Booth,  you  told  us  of 
50  men  that  were  listed  under  captain  Wilkin* 
son,  do  you  know  any  more  of  them  ? 

Booth.  I  never  directly  conversed  with  any 
other. 

Mr.  Fapillpn.  Did  you  know  any  more  of 
them? 

Booth,  No,  not  directly  I  did  not,  but  only 
by  captain  Wilkinson's  information. 

Mr.  FapUUm,  How  many  stories  was  that 
room  where  you  talked  with  my  lord  ? 

Booth,   One  pair  of  stairs,  as  I  remember. 

Mr.  Godfrey.  Was  it  the  right-iumd  as  you 
came  in  ? — Biooth.  I  think  so. 

Mr.  Oodfrey.  Was  it  the  right-hand  or  th« 
left? 

Booth.  1  went  into  the  long  gallery  firsts 
and  staid  there  about  a  quarter,  or  half  an 
hour;  and  I  remember  very  well  I  looked 
upon  some  maps  that  were  there,  to  divert 
myself  a  while ;  and  when  1  was  called  in, 
went  out  of  the  gallery  on  the  left*hand,  and 
went  through  another  roofu  befora  I  came  into 
my  lord's  rooua 


Can  Mr«  Qootb. 

Officer.  He  is  not  here,  the  tipstaff  has  him 
somewhere. 

Foreman.  Is  that  witness  a  prisoner  f 

X.  C.  J.  Booth  is  a  prisoner. 

Foreman.  Tlien  call  Mr.  Turbervile. 

Mr.  PajfiUan.  U  Mr.  Tutbervile  there  ? 

OfScer.  Here  is  Mr.  Booth  come  now. 

Mr.  Godfrey.  Put  Turbervile  out  again. 

Foreauin.  Mr.  Booth,  you  told  me,  of  a  dis- 
course that  oassed  between  the  lord  Shaftesbury 
and  yoursett,  we  desire  to  know  where  it  was, 
and  when? 

Booth.  It  was  in  Thanet-house,  Sir,  where 
he  lived,  about  a  weiek  or  ten  days  before  the 
parliament  sat  at  Oxford. 

Foreman,  The  precise  time  ? 

Booth.  I  cannot  be  more  precise. 

Foreman.  Who  introduced  you  ? 

BootL  I  think  oneMr.  Wilson  led  me  into 
thechambeir. 

Foreman.  Who  was  present  when  the  dis- 

SOUESeWBS? 

Booth.  None  but  he  and  I,  Sir. 

JL  C.  J.  If  we  have  these  noises,  we  will 
have  every  one  of  vbuput  out  of  court. 

Att,  Oen^  Ricnardion,  Richardson,  pray 
tarn  them  all  out ;  they  are  brought  in  on 
pomaie. 

&>oth.  It  was  not  the  first,  second,  nor 
ihinltimethat  I  had  waited  upon  the  lord  of 
HhaftcJmty. ' 

JPoresMia.  In  what  room  was  it  that  my  lord 
ipake  those  words  to  you  ? 

Booth*  It  was  in  the  room  he  usually  sits 
iSsOA  the  left-hand  as  we  came  out  of  the  long 
nuery,  I  thmk  we  passed  through  a  room  be- 
Sic  it,  wainscotted  about,  as  I  remember,  and 
J^BOy.  I  have  been  in  that  irooin  with  him  four 
or^e  times,  I  am  sure. 

Foreman.  After  this  discourse  with  you, 
haw  kng  was  it  before  you  spake  of  it  to  any 
hodrdse? 

'Booth.  Truly  I  think  I  did  not  publisk  this 
djacourse  that  my  lord  and  I  had,  from  the 
tine  it  was,  till  within  this  seven  or     '  ' ' 


Foreman.  You  were  never  examined  before 
then  asa'witness? 

Bot^hi  No,  Sir,  I  never  was,  nor  no  body 
wiOpretend  it,  I  suppose. 

'  Foreman,  To  whom,  Sir,  did  you  give  your 
%st  inftraation  f 

'  Booth.  Sir,  I  sent  my  first  infimnation  m 
Willing  tio  the  lords  in  the  council. 

Foreman.   By  whose  hand  ? 

Booth.  By  the  hand  of  Waher  Banes. 

Foreman.  You  had  several  discourses  with 
him  ;  had  you  easy  admission,  or  was  it  with 
difliqpiltv  you  came  into  his  company  ? 

Booth.  I  was  admitted  by  the  iimuence  of 
culain  Wiflcinson  at  first,  and  ever  after  n-ent 
imh  hnn,  and  luid  easy  admittance  and  fami- 
iuity  with  him. 

Foreman.  Washe  with  you  every  time? 

Booth,  N0|  not  every  tiiuj  he  was  not 
duatioMwidiiML 


807  ]        STATE  TRIALS,  S3  Charles  II.  \6sl^^Proeeeding§  ^igmnd        [808 


Booth.  My  lord,  I  cannot  go  in  nfely  km 

for  the  tumult. 

L.  C.  J.  Let  ofiicers  secure  him:  Mr. 
SheriiT,  look  to  him,  that  the  man  be  ncnrt 
and  sate ;  1  will  require  him  at  your  bia^ 
else. 

Sheriff  Pi'A^infon.  What  should  I  do? 

JU  C.  J.  Seud  ^'our  oificers  to  protect  hia, 
as  becomes  you,  that  he  may  be  secured  fim 
the  rabble  here. 

Mr.  TurberviU, 

Foreman,  ^Ir.  Turbcr^ile,  when  yoa  hd 
this  divcoui-se  ^nth  my  lord  Shaftesbury,  vbtt 
was  present  with  you  r 

TurherviU.    One  of  his  servants  ;    truly  I 
cannot  tell  his  name. 
Foreman.  Nobody  else? 
Tut  b.  1  know  the  name  of  none  of  hii  Mr- 
vants,  but  Mr.  Shejipard ;  I  cannot  reroente 
any  body  else. 

Forr.ihun,  Did  he  carry  you  up  to  my  M? 
Turb.  It  was  he,  I  think,  told  me  I  might  gt 
in :  I  was  in  the  dining-room. 
Foreman.  What  time  was  this? 
Turb.  In  the  morning. 
Foreman,  A\liat  time  was  it  when  yon  M 
this  discousse  with  my  lord  Hhaitesbur^*  ? 
Turb.    It  was  in  rvbruarv. 
Foreman.  What  time  in  f'ebruary  ? 
Turb.  About  the  h(*^inniDg- ;  I  cannot  td 
exactly  to  a  day. 

Forenmn.    How  long;  was  this  before  yoa 
0(Hiuiiiuii<'at«'<l  tliis  to  any  ImmW  ? 
I        I'tiih.   It  was  abuvit  the  Ith  of  July. 
I       IWf.tmu.     'V\u'i\    von    roncealftf  it   from 
;  I^l»rnarv  to  .Inlv  :    X\  ho  did  vou   communi- 
,  ratr  it  to  lii-st  of  all  ? 

I       Tnrh.   Tli«^  first  deposition    1   g^TC  Mas  to 
I  ^Ir.  SrcTctary. 

I       Fort  man.  \\  liich  S<'rrctary  ? 
j       Turb.  Socrctary  Jenkins. 
hioj ;'— 7;/>t»//..   No.  ij«  ImkI>  .  j       Fortia-in.   l*ra\,  what  room  was  it  vou  had 

Fnun.itti.    Pi.l  M'li  m  \rr  litN'.r  oj' anv  wit-     tliis  dlk'onrso  in  ."^ 

nessfs  In-  »;iiii  til  li'.s  n  jiants  ?  *  !       Tuih.  Sir,  it  was  tin*  room  at  the  upper  end 

liiHtifi.      I    liit\4-    luanl    from     HanC'i   ahoiU     of  the    dininir-r<»oui  ;     I     think    \\\v\    « all  it 

Urownr-i,'-.  :!lM.\!t  li  isli  w  itius-eN.  .  iIh-    (lu.iiiir  loom  ;    at    the    iipptr  end   of  the 

.>li.    (la.itm,.      Di'l  vou  In  M  r  ln.ir  of  any  '  room,  and  lurus   on  the  left-hand,  where  he 

Iri^h  witiu'N^ts  v»nt  iloun    l»y  .Mr.  Maniot  to     la^  . 

>Jn  i.slr  ot  r/iv  .'  F-ntnmr..  Did  \ on  iniTt  with  no  b«Nlv  ahnut 

/..  (■  J.  W  y  L;:ive  y<  M  a'l  t'u  lii  ii  ty  ir.  i!jc  tl'c  luirliunnLT  ol*.hil\,  after  rnv  lord's  com- 
world,  lio|  ■!-  M,:i  woiiM  a^k  p.-itifiiit  jikn-  ii.tm,iit.  .unl  till  tlien'i,  w  hfii  you  were  ehal- 
tioiis,  li«u  tiM  M-  .Ml  t'-rllrs.  1  <;.■!  iii:t  rxpr.T  K  «.-T(l  ,i!  <1  tohl  \oii  were  to  W  a  witness 
tl.at  a;'\  w  m*  nifi  wo,|li|  |.:.i,'  ;ivi!,i  ,|  ih,  ^e  aif:'.!!!-!  him,  jLsyru  wcrr  alive  \ou  knew  no 
^jiH'MiM.s.      Mr  ii'.tltn  \  ,  V  .'  il  ;  'i!,}- |i,!r;iosf  .     mu  li  thini;-!* 

whitli.r  Mr    .M.i.  n- 1  s'.  ;  i  ,\n\   Ir!  !.  w  :!iil  s  .s         Jti.d,...   My  lord,  this  is  not  to  be  allowed: 
to  hi^  I.  .Hi  1.  .T  i;  ..'   \\  ij;ii  In  ihai  t  =  iiii\  !»;'si-     'I  iii.s  is  pri\  ate  !:j>iri:<  lions  which  thrjur\  arc 

'*"''';  .  n    t  lo  lakr. 

/•  ■  .  :."  :.!\  :,,  .1.  1  ii.r.eii  iiii.li  r  il;«  I.antl  .  /•■•»,.  /•  ..  No,  Sir,  it  is  not  private  instnif- 
••«  tin- . ■•.:!:  i.i  t!:,- ,  .:.,i.  il.  t:.,Ms.      D.-l  yu  not  spt-ak  siieli  w ord*  to  WU- 

/'     ''.   l*i  ly.S,.,  (\\:\    'ii;.  i:itnrm   yai   tliat  "  l.,-i!i  fie-.lini.' 
I  had  H.>  (.^M   p.  iiil.i,  :m.::,  ihisiinn:^  '       I.,  f.  J.     M;v,  o    vm   had  any  inforuiatioa 

L.L.J.   :\a\,Sii,   yoti   most  a>\  no  (|iu'>-  '  eon*'i'nii!i«r  tli'**  to  Mr.  Ihrhert  ?' 
*"*"'*■  '      id/i/.;://.  My  lortl,  i  h:i\e,  a  hmirtimoagn. 

My  lord,  sneh  a  perwm  did  tell  u»e  so  and  iO, 
and  set  dow  n  the  day ;  und  he  then  said  hc 


Foreman.  Did  you  never  hear  my  lord  speak 
trrasun  in  any  ho\iM'  but  his  own  P 

Booth.  1  never  had  occasion  to  hear  this 
dist^-ourse  from  my  lord,  but  in  his  ovm  house : 
I  never  waite<i  upon  him  in  any  other  house. 

Foreman.  Wwi  you  never  desired  to  be  a 
witness  against  my  lord  Shaftesbury  ? 

Bottth.    Nttt  tilf  i  intimated  somtthing  of  it. 

Foreman.    \\ho  w  as  that  to  ? 

Biktth.  That  wa.s  to  "Ir.  Banes ;  1  told  you 
before  so. 

Foreman.    And  what  then  ? 

BiMth.  When  hc  told  me  of  this  business 
with  the  Yorksiiive  :itl(*rney,  Ih'ownri^',  1  did 
say  a^riin,  1  <lid  not  know  w  hut  my  lord  had 
done,  as  to  any  thin:;  n\'  Iri8limeni^  but  I  was 
sure  there  wiis  something  as  to  Enj^ishmen, 
as  to  that  purpose. 

Foreman.  Uiil  he  propose  any  reward,  or 
any  thing  of  that  nature  ? 

Booth.  Not  n  farthing ;  for  I  think  he  had 
no  counnission  to  do  it. 

Foreman.  An»yoii  acquaint^^d  with  one  Cal- 
laghaii  and  Downing,  twu  Irishmen? 

BiKflh,    No. 

Mr.  (jQilfrcif.  Were  you  never  in  their  com- 
pany f-'liooth.  Not  that  I  know  of. 

Mr.  Godfrnf.  I  )id  you  evtT hear  iheir  names ? 

Booth.    \  (fo  not  icnow  that  1  have. 

Foreman.  Were  yc»u  in  their  company  lately  ? 

BtHith.  Not  as  i  kno\t'  of.  1  do  not  remem- 
ber either  their  names,  or  their  persons,  nor  do 
I  know  them  fmm  <ither  men: 

Fnrcniiin.    Do  \oii  know*  one  .>Ir.  SheMen  ? 

Jioo'ff.     No, 

Fvnniuit.    Do  \(Mi  know  one  'Mr.  ATarriot? 

B(htlli.  No,  Sir  :  I  have  heard  of  one  IMar- 
riot  that  did  lK*loi»;r  to  mv  lord  duke  of  Nor- 
folk. 

Foreman.   ^V  hen  were  you  in  his  company  ? 

B(Hffh.    Ni'M  r  that  I  know  of, 

FnH'ff/on.    I  las  ii(»itodv  discoursed   vou  from 


^\r.Oonyrtu.   Mr.   iiooih,  do   \ on  t^o  umb.r 
.no  other  name  but  liintth  .' 
Booth.  No,  nor  uctcr  did  in  mv  life. 


was  very  augiy  with Lim  for  it. 


iXAlC  TRIALS,  33  Ch arlbs  IT.  l66l.^^ke  E&rl  of  Shafie$hary.      [810 


r.  Look  ye^  gentlemen,  what  dis- 
I  take  up  at  random  in  every  cofl^- 
bat  fit  to  be  brought  in  when  treason 
ition  against  the  king's  life?  Are 
se-koose  discourses,  do  you  think, 
Migii  for  you  to  ca?al  at  persons,  be- 
have heard  this  discourse  in  a  coffee- 

I.  My  lord,  I  never  was  in  a  coffee- 
my  Ufe  with  Mr.  Herbert ;  but  he 
lis  to  me  some  months  ago. 
f.    And  you  think  this  is  ground 
r  you  affainst  him  ? 
nlion.    My  lord,  we  only  ask  this 
^Vhether  ne  liath  not  contradicted 
d  the  contrary  to  any  body  else  ? 
dc  not  remember  that  ever  1  spake 
3  Mr.  Herbert  in  my  hie  ;  and  I  can 
me  reason :  For  1  was  discarded  by 
of  my  lord's  interest  at  that  time  P 
id  given  under  my  hand  that  I  had 
hing  against  him,  I  believe  I  might 
in  their  favour  as  much  as  before. 
Ulon,    Were  not  yo|i  one  that  pe- 
the  common-council  m  London  ? 
did,  Sir. 

Ulun.  And  did  not  you  declare  then, 
ere  tempted  to  witness  against  your 

believe  I  never  read  the  petition : 
vn  by  the  order  of  Mr.  Colledge,  by 
t  lives  about  Guildhall ;  by  a  sen-' 
It  Guildhall ;  and  1  sigaed  that  pe- 

never  read  it,  nor  knew  what  was 

Mr.  Richardson,  any  you  officers ; 
those  men  tiiat  make  a  noise,  and 
I  one  to  make  an  example. 
ly  lord,  1  go  in  danger  of  my  life, 
pie  threaten  to  stone  me  to  death, 
ot  go  safe  to  my  lodging. 
\tillon.    What  was  your  design  in 
.t  petition  ?    What  did  you  look  for  ? 
he  design  was,  that  the  city  should 
f  us. 
Hlon,   Were  you  in  a  poor  condi- 

ruly  I  was  not  very  poor,  though  I 
er  full  of  money. 

illon.  It  is  a  strange  thing  that  you 
ition  for  relief,  if  you  were  not  in 

Fe  were  told  by  some  members  of 
ol'  Commons,  that  there  was  a  vote 
aae   of   Conimuns  ready  to  pass, 

^ibould  advance  money  for  the 
t  witness!^,  and   if  we  would 
d  ihcy  Would  answer  the  design  of 


\ikm»  What  members  were  they  ? 
twu  a  member  of  tlie  House  of 
tet  toU  me  so,  I  will  assure  you ; 


iIAmu    Did  never  any  body  move 
U  9oa  to  be  a  witness  in  this 


case 


Slnftariniry? 


When  I  came 


to«pieakth6  truth  of  what  I  knew,  I  did  it 
voluntarily. 

Mr.  Papilhn.  You  did  it  roluntarfly  ? 

Turb.  I  did,  I  will  assure  you. 

Mr.  Papillou.  Do  you  know  any  thing  mors 
than  what  you  have  said  here  ? 

Turb,  No,  not  one  tittle. 

Mr.  FapUlon,  Mr.  Tufbervile,  I  desire  to  be 
satisfied  in  one  thin?,  whether  my  lordShafles- 
bury  was  committed  before  or  after  your  infor- 
mation P 

T\trb.  Truly,  l%r,  I  cannot  tell  positively,  as 
to  that  point ;  but  1  believe  it  was  before  ;  I 
cannot  tell. 

Mr.  Papillon.  Did  you  hear  my  lord  9peak 
these  words  in  any  other  -room  or  place  ? 

Turb.  No,  indeed,  1  did  not. 

Mr.  Papillon,  It  Was  about  the  4th  of  July > 
you  say,  your  depositions  were  taken  ? 

Turb.  About  tnat  time ;  I  suppose  the  4tli 
of  July 7- 1  hope  your  lordship  will  take  care 
that  we  be  not  Knocked  on  the  head. 

L,  C.  J.  That  we  g^ve  in  char^  to  Mr. 
Sheriff ;  and  see  you  do  take  care  ofthe  king's 
witnesses  at  your  peril.  It  is  a  reflection,  not 
only  upon  the  government  ofthe  city  to  suffer 
these  disorders,  but  upon  the  wholekingdom  ; 
therefore,  Mr.  Sheriff,  look  the  witnesses  come 
by  no  hurt. 

Mr.  John  Smith, 

Mr.  Papillon..  Mr.  Smith,  the  jury  ask  yon 
a  question,  whether  or  no  you  did  not  use  td  go 
by  the  name  of  Barry  ? 

Smith.  Sir,  what  names  I  have  gone  by  ig 
not  pertinent  to  this  purpose ;  I  tell  you  I  have 
gone  by  several  names,  aS  all  popish  priests  do. 

Mr.  Papillon.  Did  you  never  fgo  by  the 
name  of  Barry  ? 

Smith.  It  may  be  I  might ;  I  have  gone  by 
several  names,  as  all  popish  priests  do. 

X.  C.  J.  Did  you  ever  go  by  the  name  of 
Barry  ? 

Smith.  I  did,  my  lord ;  it  is  usual  for  popish 
priests  so  to  do. 

Mr.  Papillon.  What  religion  are  you  of, 
Mr.  Smith  ? 

Smith.  I  am  a  Protestant,  Sir. 

Mr.  Papillon.  How  lung  have  you  been  a 
PhitestantP— SmiVA.  Many  years. 

Mr.  Papillon.  When  were  you  first  con- 
verted P — Smith.  First  convertecf  P 

Mr.  Papillon.  Ay,  to  the  Protestant  reli- 
gion :  you  say  you  have  been  one  many  years  P 

Smith.  1  have  been  a  Protestant,  and  was 
perverted  to  the  popish  religion,  and  afterwards 
Decame  a  Protestant  again. 

L.  C.  J.  Bring  in  one  of  those  men  that  make 
the  noise.    Cannot  you  bring  in  one  of  them  P 

Mr.  Papillon.  When  did  you  receive  the 
Sacrament  P 

Smith.  I  believe  not  above  three  months  ago, 
as  the  rector  of  Jk>w  Church  will  inform  you : 
I  have  it  Under  the  church -wardens  hands  in 
other  places  in  London. 

Mr.  Papillon.  Have  you  been  desired  to  be 
a  witness,  or  did  yoodoit  voluntsiily  P 


STATE  XtllALS,  33CHABtesII.  i6si.—Proceedittg»  agaiiut 

it  iras  about  the  time  nhea  Hetberii^td 
thither. 

S>nit/i.  Truly,  1  iriU  answer  that  m 
tually  aa  I  can  ;  ihc   month  or  <Iay 
well  UU,  but  the  persoo  (liat  c 


1*1] 

Smith.  Nct-er  desiied,  I  dedare  it ;  1  did  it 
ralmitarily  myself. 

Mr.  Papillon.  >Vhen  did  yon  gite  in  yoar 
nidence  first  ? 

Smilh.  Truly  1  cannot  cicactly  tell  when  I 
gare  it  in  ;  I  <Iid  not  keq>  an  aocount  of  it. 

Mr.  Piipilloa.  What  moDth  ? 

Smith.  I  cannot  ten. 

Mr,  Papillon.  Was  it  before  my  lord  tns 
CDDunitled,  or  after  ? 

Sniilh.  I  -brlievc  it  might  W  a  little  after. 
■Whether  it  wan  before  or  aiUr,  1  caiinnol  e^. 
■Ctiy  tell. 

Mr.  Papillon.  To  whom  did  yon  give  yuur 
informatioa  ? 

Siaith.  My  lord,  they  comnianded  the  people 
lo  Btoiie  us  to  deUh. 

L.C.J.  Who  did? 

JSsulh.  ScTeral  persons:  luid  when  we  were 
U  the  tavern.  Dr.  Oatcs'i  man  came  out  and 

Eve  the  rabble  u  buttle  of  u'iiit,  and  bid  them 
ock  IIS  down. 
L.  C.  J.    Do  you    know  wliat  the    man's 


Oalct.  I  keep  hall  a  dozen  men,  my  lord. 
L.  C.  J.  I  hope  you  keep  no  men  to  aflront 


Oofei.  No,  my  lord,  it  is  a  mistake,  I  know 
nothing  of  it }  we  went  thither  to  lefreab  our- 

Mr,  Papillon,  Mr.  Snuth,  who  did  yon  give 
your  infbrmatioD  to  ? 

Smith.  What  information  i* 

Mr.  Papillim.  The  first  information. 

Smith.  My  lord,  am  I  to  answer  to  these 

L.  C.  J.  Ave,  answer  them  ;  tell  them. 

Smilh.  My  lord,  the  infonnation  I  gave  in  to 
secretary  Jenkins  ;  but  I  gave  notice  long 
before  of  what  I  intended  to  do  tu  other  per- 

Mr.   Papilion.    When  did   you  hear  these 
words  ;  sneak  to  the  time  exactly  ? 
Smith.  Which  words  do  you  ask  ? 
Mr.  Popilloit.    Those  you  mentioned  even 

Smith.  Sk,  if  you  please,  I  know  you  take 
aO  in  short-handj  if  you  aiik  me  what  words, 
I  win  tell  you  ;  for  if  I  do  not  express  myself 
in  the  same  words  as  bclioc,  you  will  take  hold 

L.  C.  J.  I  will  fell  yoii  this ;  this  may  be 
an  ill  question,  for  be  told  you,  he  had  dis' 
coursed  my  krdShailesbury  at  a  great  many 
times,  and  that  at  some  times  he  said  these 
words,  ai  other  limes  other  words,  and  for  yoo 
to  catch  him  upon  a  question,  it  doth  not  shew 
a  fair  inclination. 

Mr.  Papillon.  My  lord,  under  your  lord- 
ship's fkvoiir,  we  only  desire  to  di&coter  the 
truth,  wc  are  tiot  for  catches. 

L.  C.  J.  Ask  him  iheii.  whicli  of  the  words 

{ou  would  Iiave  him  declare  the  time  of,  and 
e  will  tcU  ^Du  ? 
Mr.  fofi/faf).  It^luiUEfeakiusoniiwoiils, 


if  you   please  to  inform  voursdTes 
gentUmeu  that  t  name,  I  belieietheyv 
you  Mr.  Bethel  was  there  prcMot,  aac^ 
lery  well  I  went  to  my  lord  SbalUiihM 
night,  anri  returned  to  the  clah  s^m. 

Mr-  Godfrey.  Was  ilititbe  eveliiitf 
mumiag  ? 

Smith.  Mr.  Godfi'ey,  dubs  are  nM 
night,  I  suppose  ;  you  know  that  was. 

nlr.  Papillon.  Where  did  you  see  IB 
Shaftesbury  ? 

Sinilh.  it  was  in  his  dining-room. 

Mr.  Papillon.  Did  you  bearthoe  «n 
any  other  place,  or  at  any  other  lime,  4 
treasonaUe  words  againsi  the  king  T 

L.  C.  J.  Look  ynu,  gentlemen,  he  to) 
of  severuluther  words  at  several  other  ti* 

Mr.  Papillon.  But  he  sud  all  at  bit] 
my  lord. 

L.  C.  J.  Ay,  but  at  several  times. 

Smith.  1  know,  Mr.  Attorney,  1^ 
gentlemen  would  be  at  very  well. 

L.  C.  J-  Answer  them  wbeiheiyou  4 
him  nieak  any  words  that  you  conceii^ 
sonabfe  at  any  otlicr  lime  * 

Smith.  1  did  not,  indeed. 

Mr.  Papillon.  In  another  place? 

Smilh.  Idusay  I  did  oot. 

Mr.  Papillon.  Did  you  petition  lothe 
monceuncilP — Smith.  No, Sir,  I  ncverd 

Mr.  Pupillon.  Are  you  an  Englisbil 
an  Irishman '! 

Smith.  Thai  is  no  matter,  no  more  lh( 
were  a  Frenchman  or  a  Dutchman. 

L.  C-  J.  Give  them  an  accnimt  whelbt 
arc  an  Englishman  or  an  Irishman  ? 

Smith.  My  lord,  I  \x%  vour  lori 
pardon  for  that ;  if  1  were  an  Irishmati, 
tber  thereupon  my  evidence  would  k 

L.  C.  J.  Look  you,  Mr.  Smith,  1  do  Iw 
gentlemen  of  the  jury  have  more  diac 
among  them  all,  than  tothink  that  an  III 
is  not  a  good  witness,  I  hope  they  at 
such  persons. 

Smith.  My  lord,  if  you  please  ;  w) 
was  in  the  city  amongst  th^,  1  neni 
litioned  to  the  city  :  I  never  had  ■  ft 
from  tlicm,  nor  ever  spake  to  an^  liir 
never  had  any  occasion  for  it ;  but  if  1 1 
is  probable  I  bare  enough  in  Knglond 
other  places,  without  being  beholifen  ta 
commou-coimcil. 

L.  C.  J.  Will  you  ask  him  any  mna 
tiona  ? — Jury.  No,  no. 

Mr.  Papillon.  1e  Mr.  Smith  ^onef  ^ 
ask  Iiim  one  n-ord  :  nc  would  tain  knav 
allowance  you  haie,  or  what  you  r*cj| 
you  haicaiiy  allowance  frUB  Bpy  Wdyj 

Saith,  Frra^wliom?  , 


J 


tld}       STATB  TKUdS,  33  CuAbles  IL  iGSl^— iXr  <«r7  of  Shefteshury.      [814 

or  otherwise  to  turn  tlie  kingdom  into  a  com- 
monwealth. 

Mr.  TapiUon.  Fitz-gerald  told  you  this,  and 
so  YOU  made  affidavit  of  it  ? 

Haynet.  Yes,  before  sir  Geoige  Treby. 

Mr.  Papillon,  What  time? 

Haines.  It  was  before  the  parliament  met  at 
Oxford. 

Mr.  FapillotL  So  you  say  the  words  were : 
when  were  the  words  spoken  that  you  men« 
tinned? 

Haynet.  Hie  words  against  my  lord  ? 

Mr.  PapUlon,  Ay. 

Haynet.  He  spaKe  them  to  me  a  little  before 
I  made  affidavit:  I  cannot  tell  positively  th^ 
time? 

Mr.  Papillan.  That  was  before  his  commit- 
ment. 

Haynet.  Yes,  yes,  my  lord  was  committed 
in  June  last :  ihb  affidavit  was  made  in  March 
last,  before  tne  Recorder  of  London. 

X.  C.  J.  North.  When  you  ask  him  about 
the  information  of  the  design  against  my  lord 
Shaftesbury,  he  says  that  was  in  March  last ; 
and  wh«i  you  ask  him  about  the  evidence  h% 
gives  now,  thai  was  the  same  day  he  was  ap« 
prehended  by  the  messenger. 

Mr.  FapiUon.  About  June  tou  say  it  was^ 
that  you  say  you  gave  in  me  inrormation 
against  my  lord  Sha&sbury  ? 

Haynet.  The  information  I  made  against 
the  lord  Shaftesbury  was  in  June  last,  the  28th, 
as  I  take  it,  of  June  last. 

Mr.  PapilUm.  Where  was  it  you  had  this  dis- 
course? 

Haynet.  I  had  several  conferences  with  my 
*ord.  -j^- 

Mr.  Papillon.  Did  he  every  tin^rsay  th« 
same? 

Haynet.  The  last  tiine  I  spake  with  him  was 
in  f  roimionger-Lane :  For  SVhitaker  told  m« 
he  would  sp^k  with  me,  and  he  would  fain  have 
me  explain  myself  what  I  did  mean  by  the  tali 
man  1  mentiDned  in  the  Narrative  ;  and  I  went 
to  the  house,  and  they  told  me  he  was  there, 
and  I  salt  up  a  note,  wl  hedesired  me  to  come 
up ;  but  I  sent  word  I  did  not  careto  come  up  ; 
because  I  would  not  be  known ;  and  so  he  sent 
me  word  to  meet  him  after  dinner ;  and  when 
I  came,  my  name  is  Haynes,  my  lord,  said  I ; 
and  I  led  his  lordship  by  the  hand  and  went  in 
there.  I  had,  I  beueve,  a  whole  hour's  dis* 
course  w^th  him  :  and  prayi  niy  lord,  ssud  I, 
among  other  questions,  what  religion  ia  the 
king  of?  Truly, 'says  he,  Mr.  Haynes,  he  hath 
no  more  rdtgion  than  an  horse ;  for,  saith  he, 
they  say,  Sir,  he  was  inclined  to  popery  when 
be  came  first  to  England ;  says  he,  he  had  a 
tincture  of  Popery,  and  was  much  inclined 
that  way ;  but  since  he  was  degenerated  froni 
all  the  principles  of  Christianity,  for  he  is  just 
like  a  perfect  beast 

Mr.  Papillon.  This,  you  say,  was  in  Iron- 
monger-Lane. 

naynet.    Ay,  Sir,  lit  a  pastry-cook's  shop. 

Mr.  Papillon*    What  time  was  it  ? 

Hayn^  After  dinner  In  the  afternoon. 


"Ur^PafiiUmi.  Nay,  I  know  not ftom  whom: 
1  ask  wii^her  you  have  aay  from  any  body  ? 

L.  €.  /.  Look  ye,  gentlemen,  is  that  aques- 
tioBtfaMt  is  pertineat  ?  I  wonder  you  wfll  go 
liindi  qoHtions:   we  allow^  you  to  sjik. 
]pMitiom  yourselves,  because  we  look  upon 
jOA  M  men  of  reason. 

Hr.  Pttpillon.  My  lord,  I  do  not  know  but 
kBHy  be  a  proper  question  to  ask  him,  if  he 
famany  aUowanoe  firom  any  man  upon  this 
•eDDniit? 

JL  C  J.  Upon  what  account  ? 

Mr.  Pttfillm,  Upon  this  account :  Ifhe  says 
ha  has  none,  it  ia  an  answer. 
.  J^  C.  J.  Do  you  intend  your  question,  whe- 
Iber  he  ishrOied  to  give  evidence  r  If  you  mean 
aa.  apeak  plain. 
.   mr.  Papillon.  We  ask  ifhe  have  any  allow- 

ioeP 

Smiik.  You  do  not  ask  me  how  the  6  or  700/. 
ijnadeup. 

L.  C  J.  Yon  that  are  upon  your  oaths 
•ihpnid  have  acaie  what  you  do. 

Bryan  'Haynet, 

.Mr.  Papillon.  Mr.  Haynes,  when  did  you 
fpn  in  your  information  upon  this  matter  ? 
»  ffi^aes.  Against  the  eari  of  Shaftesburj', 
pr? 

ISr,  Papillon.  Ay. 
'     JETd^raef.  The  day  that  I  was  taken  by  the 


Hr.  Papillon.  That  was  before  my  lord  was 
MBmittea,  was  it  not  ? 
Bmpn.  Yes,  Su:,  it  was  before  my  lord  was 

/  ^  Wk,  PapUlon.  Did  you  ever  make  any  other 
■Anaation  to  a  justice  <^ihe  geace  ? 

Jfayaet.  Not  ofmy  lord  of  Shaftesbury. 

Mr.  Papillon.  Nor  toudiingthis  matter  ? 
.  paymet.  No,  not  any  information  upon  oatli : 
I  iMy  have  discoursed  with  a  justice  of  ti^e 


^  Mr.  Papillon.  Did  not  you  give  in  an  infor- 
■tttkn  of  a  design  agamst  the  earl  of  Shaftes- 
kanrP 

Majfnet.  To  none  but  Secretary  Jenkins. 

"Hx^  Papillon.  You  understand  the  ij^uestion ; 
lAelher  yon  did  give  no  information  ot  a  desi^ 
Mnfaiat  my  lord^  l^iaftesbuij  to  some  justice 
erdie  peace? 

Bmyn£s*  No,  no,  to  none  but  Mr.  Secretary 
Jcakmi. 

-  L»C.J.  Yoa  do  not  observe  his  question : 
fid  joa  ever  give  to  any  justice  anv  infer- 
BMtion  of  a  doign  against  my  lord  Shaftes- 
fcarr  P 

'  Baynet.  Yes,  my  lord,  I  did,  to  sir  George 
iVeby;  I  made  amdavit  before  him. 
-Mr.  Papillon.  When  was  that  ? 

Begmei.  I  think  it  was  in  March  last. 

Mr.PoDillon.  What  was  that  design  against 
iqr  lord  Shaftesbury  ? 

**   ffiei.   The  dengn  was  what  Mr.  Fite- 
told  iiie  ;  he  tdd  me  he  gave  under  hilB 
lo  fbe  king,  that  the  earl  ofShaftesboiy 
did  rcaolra  to  set  the  crown  upon  his  own  heady 


PClLS] 


^k'TZlKlkUi,  33CHAKLE5II.  l6Sl.—PTvaediHgsag4iMt 


t\r.  PapUlon.  In  Jime.orwhen 
Jtaynu.  I  r  aniiot  tell  what  tin'.e  pOHitiTfly ; 
it  wa«  alwut  the  time  of  the  TiW  of  f'A: 

Hi.  Papilloa.  Wasit  the  same  time  he  spake 
a^at  the  duke  uf  Bucjuugfaam  ? 

Huynet.  No,  no, 

Mr.  Papilton.  When  was  that  ? 

Baynei.  That  iru  when  1  was  with  bim 
bis  unn  house,  ajid  desired  him  not  to  expo: 

Mr.  Papilhn.  What  time  ? 

Uaynei.  I  cfinnut  tetl,  Sir,  for  Inefer  tbou^it 
I  ahoulil  be  called  to  on  Mconnt  for  it,  and  I 
cannot  keep  an  almaaack  iu  my  beail  ;  and  I 
desired  thera  not  to  expose  cDe  to  the  king^'sfitry , 
far  I  heard  ibe  kin^  wb-s  displeaaiil  with  me. 
Nd,  says  he,  you  are  mistaken,  this  is  the  best 
oppurtuniiy  we  can  have ;  and  if  he  will  not 
Sire  you  a  '^rdon,  we  will  raise  the  whole 
xintfitiim  against  him  in  amis  ;  and  then  he 
makes  himself  the  master  and  autlinr  of  thi 
Plot,  and  cousequently  he  musl  expect  to  hi 
rained,  uidess  he  eruit  you  a  pardon. 

Mr.  PapitloH.  Did  you  e»ei-  hear  anv  other 
words  ihao  what  vou  Gave  now  testilleu  ! 

Raynei.  Yes,  Sir,  for  1  discoursed  with  him 
in  Ironmont^er-lane  a  great  while,  and  told  him 
that  our  only  and  hest  way  tn  have 
Of  tlie  kmff,  was  to  raise  a  rebi'lliOD  in  Ireland, 
and  that  Iliad  relation*  and  friends,  and  ceuld 
naenoug 

idr.  Papillon.  What,  did  you  propound 
rebcIUonin  (relaud  ? 

Hai/na.   I  udercd  to  go  beyond  sea.aud  th 
new  was  the  best  time  to   raise  a   robeMion 
Ireland  ;  and  he  said  ihat  was  nut  the  best 
way,  for  they  bad  oilier  means  to  take,  and 
the  discourse  was  waved. 

Hr.  Papitlon.  Aud  is  that  all  ? 

Hayna.  That  is  all  1  remember  now. 

Mr.  Papilfo'i.  Do  vou  know  of  any  other 
place  or  tiW? 

Hayna.  I  was  with  him  at  his  hoiise. 

Mr.  Papillon.  Were  you  erer  a  witness  for 
my  lady  Wjorihamor  a'^nst  her, 

Haynet.  No,  sir ;  hut  she  arresled  me,  be- 
cause 1  said  1  lay  with  her. 

John  MacnaaiarTa. 

Mr.  Papillon.  Mr.  Macnamarra,  when  was 
it  you  had  this  dtseour»e  with  my  lord  Shah.'s- 
bury,  what  is  thetiaie,  ai  oeaiasyou  remem- 
ber? 

Mac.  In  March  and  April  lest,  !Hir. 

Mr.  PupHhn.  Twiee  then,y(iudo  speak  of? 

3fuc.  Yes,  Sir. 

Mr.    Papiiim.    Wbidi  is  thai  that  was  in 

Mac.  That  was  the  las! ;  the  last  discourse 
wasm  April. 

Mr.  PupiUon.  To  what  purpose  ivas  that  ? 

Mac.  nly  lord  «u<l  the  king  dcservud  lo  be 
deuoted  as  much  as  king  Uichard  the  second    cod 

VU.Pa^loih  lo  April  you  say' 


Mat.   In  April. 

Mr.  PapiUon,  When  did  you  giTt 
mationof  this? 

Mac.  I  cannot  ecactly  teU  Sir. 
Mr.  Papillon.  Hefieai  what  you  • 
M«c.  Tiiatlhe  king  dtsened  to  t 
as  much  as  king  Richard  the  second,  g 
look  the  dulchess  of  iHazaiine'E  advic 
particular,  which  was  tbe  woret  of  w< 
Mr.  Papilloa.  Whattimela  April 
Mac.  It  wasin  tbebeeimdcffiof  A 
Mr,  PapiUn.  Where? 
Mat,  In  bis  own  house. 
Mr.  Papillon.  Who  was  pteMitf 
Mac,  There  was  Mr.  Ivy  by. 
Mr.  Papitlon.  When  didyoumafa 
tioQ  of  this  i 

Mac.  I  cannot  tell,  it  was  a  good  » 
Sir.  Papillon,   Has  it  belbre   his 

Mar.  Vet,  Sir,  it  waa. 

Mr.  Papillon.  To  whocn  did  you  p 

Afuc.  To  Ibe  secretary  of  state,  8 
Mr.  Papillon.  Which  of  them  ? 
Muc.  Mr.  Secretary  Jenkins,  Sir. 
^i.  Papillon.  Did  out  you  petition 
ion-council,  Sir,  for  reliel? 
Miic.  Yes,  Sir,  I  signed  a  petition 
drawn   up,   but  I  diiT  not  see  it  ti 
brought  me  to  sign. 
Mr,  Papillon.  Did  you  read  il  ? 
Muc.  No,  I  iicTer  reud  it  octtbar. 
Mr.  Papillon.  Nor  don't  know  wb» 
Muc.  No,  nurdon'l  knuw  Iheconb 
Mr.  Papillon.  My  lord,  in  thatpeti 
say,  they  were  temjiled  to  swear  a^i 
consciences,  and,  that  some   of  the  > 
had  made  shi[jwreck  of  their  conscieo 
ask  them  now,  and  they  say,  they  do  i 
was  in  the  iietition  ;  If  we  »hi 
who  tempted  Ihem,  and  who  ih 
s  were,  Iboi  made  shipwreck  ol'tl 
:es  ;  it  would  signil)'  nothing;  I 
they  do  not  knoiv  what  nas  m  the  pe 
ain  to  ask  lliem  any  more. 
ic.  For  my  ,>art,  uiy  h.rd,  I  nere 
till  it  was   hroughl  to  me  lu  be  signed 
know  theconleiiuof  il :   But  I   hi 
CiHedgL',  that  nav  e.xn'Uied   at   O-li 
concerned  in  pruiuoting  the   petition, 
lord  JShallesburv's  adi  ice. 


Vcn 


iM^ 


Mr.  Papillm.    Dennis  Maenamaitt 
iw  you  were  intnicluced  lo  tny  lonl 
iry     btn  you  had  this  discourse? 
IJ.  Mac.  lij  my  brother,  Sir. 
Mr.  S-apillon.   U  hat,  be  that  wai  he 
Ji.  M..i.  Vc9,8ir. 
Mr.  J'uiiK.un.  lleinlroduced  yov  f 
D.  M'ic.   Vw,  Sir. 
Mr.  Papillon.  When  was  it? 
U.  Mac,  It  was  in   Maix:b  Uft;  4 
March  or  (he  beginaing  U'Apri 
PupiUon,  tanuoiyou  tellwuc) 
montlu? 


TATE  TRIALS,  39  Ch  ABLB8  II.  iSSl^^^ih^  Emrl  9f  SkqfttMhiirg.       [S18 

hhf.  No,  notthesamedisoome. 

Mr.  Papillon,  The  words  that  yoa  ^oke  of, 
'wboi  was  that? 

Ivy.  That  was  after  the  sitting  of  the  par- 
liameat  at  Oxford. 

Mr.  Pupilien.  About  what  time  was  it  ^ 

Ivy,  It  was  About  the  latter  end  of  Marth  or 
the  lieg^inninff  of  April. 

'Ms.PapiUon.  When  dUl  ymi  make  inibr- 
mationoftbisr 

Ivy,  I  cannot  be  positive  faithctueidier. 

Mr.  Papsihn.  Before  mv  Lord's  connnit- 
ment  or  after  f—it^.  A  wluile  beibre. 

Mr.  Papillan,  To  whom  did  you  (fire  it? 

Ivy.  To  tlie  secretary  of  stale. 

Foreman.  Who  was  present  wImb  my  loni 
Shaftesbury  spakei  these  words  f 

Ivy,  Both  the  Maenamarras,  m  I  remem- 
ber. 

Foreman.  Who  else  ? 

Ivy.  Truly,  I  doaoC  remember  any  else 
«#iyy  to  our  discourse ;  neither  am  I  certain, 
mat  both  the  MacnanMurras  were  there;  one 
of  them  was  there  I  am  sure  of  it. 

Foreman.  What  was  the  reason  you  con- 
cealed this  information  so  long  ?  Hadjfon  no 
indvcementte  make  it  at  that  time?  How  dame 
you  to  do  it  then  and  not  before  f  What  was 
the  reason?  You  say  it  was  flie latter  end  of 
April  and  May ;  my  lord  was  not  eomi|ikle«l 
for  a  ffOod  while  after ;  here  was-  two  months 
timer 

Ivy.  I  am  not  certain  how  long  a  thne  it 
was  before,  bat  I  made  it  as  soon  ai  1  could. 

Foreman.  I  ask  vouwhellier  you  know  any 
thing  either  of  worJv  or  treasonane  actions,  of 
any  thing  of  my  lord  Shaftesbniy,  spoken  or 
acted  at  any  other  time  or  place  ? 

Ivy.  No,  I  hare  declared  what  I  know  as  to 
the  particul{trs. 

•  Bernard  Dennis. 

Mr.  Papillan.  Mr.  Dennis,  in  the  morning 
you  told  me  sMnething  about  the  disooiurse 
you  bad  with  my  lord  Shaftesbury,  tell  me 
when  H  was? 

Dennis.  It  was  in  April,  four  mt  five  days 
after  the  parliament  was  dissolved  at  Oxford. 

Mr.  Papilkm.  In  the  beginning  ? 

Dennis.  In  March,  after  the  parliament  vi-tbi 
dissolved  at  Oxford. 

Mr.  Papillan.  It  was  in  March,  and  where  ? 

Dennis.  In  his  own  house,  here  in  this  Urwn, 
four  or  five  days  after  the  parliament  was  dis- 
solved at  Oxford,  immediately  after  he  came 
home,  i  do  not  think  he  was  at  home  thnie 
days  before. 

Mr.  Papillan.  Who  was  present  with  you 
then?  •     - 

Dennis,  There  was  in  the  room  ttr.  Shep- 
pard,  his  gentlemaa. 

Mr.  Papillan.  Who  else? 

Dennis.  Some  of  his  servants,  his  pages  I 
suppose,  but  wheQier  tliey  did  hear  tliis  ur  no,  1 
cannot  teH. 

Mr.  Papiihn.  Did  my  lor#  whiafer  it,  or 
speak  out? 

3G 


N#,  I  eannet  be  positive  in  it. 
•itfsn.  Who  was  by  ? 
.  There  was  Mr.  Ivy. 
^iikn.  Nobo4y  but  Mr.  Ivy  ? 

Nobody  but  Mr.  Ivy  and  my  bro- 

ilian.  Where  was  it? 

.  It  was  in  his  own  dining  room. 

iilan.  Were  none  of  his  servants  in 

— D.  Mac.  Not  that  I  know  of. 

Ulan.  Are  you  sure  none  of  his  ser- 

iieve? — D.  Mae.  Not  that  I  know  of« 

illon.  Did  you  hear  anything  else 

r  time  ?-^JD.  Mac.  No. 

illan.  Nor  in  any  other  place  ? 

.  No. 

Ulan,  When  did  you  give  in  this  in- 

.  I  gave  it  in  a  good  while  ago ;  Sir, 
s  positive. 

>iUan,  Wask  before  my  lord  was 
?— D.  Mac.  Yes  a  great  while. 
iVioii.  To  whom  did  you  give  it  ? 

1  gave  it  to  the  secretary  of  state, 
moot  you  remember  how  long  it 

.  No,  I  cannot  at  the  present. 
illon.  Which  of  the  secretaries  ? 

Secretary  Jenkins. 
Ulan.  My  lord,  I  only  propose,  whe- 
ly  not  ask  whetiier  he  haa  not  a  par- 
it  would  be  satisfoction  to  us,  for 
n. 

North.  Look  you  here,  gentlemen, 
risoner  makes  exceptions  to  the  wit- 
» it  is  proper,  but  here  are  noexcep- 
^riuieoses* 

4ll0n,  My  lord,  we  mdce  no  excep- 
re  mmst  satisfy  our  consciences,  my 
re  must  do,  and  that  is  very  much, 
Ike  credibility  of  the  witnesses. 

North,  Gentlemen,  what  do  you 
he  shoukf  have  a  pardon  for  ? 
Ulan.  For  crimes. 

North,  You  must  not  ask  him  to 
self. 
Uhn.  If  he  hath  a  pardon  be  is  in 

suppese,  my  lord,  some  of  them 
raiMy  of  poisoning,  some  of  felony, 
mngon  the  highway,  we  do  but 
^they  be  pardoned  ? 
North.  A  man  must  not  be  impeach- 
re  he  may  answer  for  it. 
UAm,    Biy  lord,  if  you  do  not  give 
*•  must  forbear  then. 
North,  I  do  not  think  it  proper  to 

Eivard  Ivy. 

ifflbn.  The  discourse  that  you  had 
iMbafteabury,  when  vras  it,  at  what 

IMclittle  after  thesittmg  of  the 

<tf  Cradford. 

Mhk  Was  it  more  times  than  one  ? 

mB|  acreiai  times. 

■Ml*  ABA^nmo  dMPiOOTo? 

in. 


fftt 


STATE  TRIALS,  SSCHABLas  II.  l69l^Prvcted!iigi  agahut 
Dennii.  Mylutdis  uot  a  man  ofsn  his^h 


(Sit 


lu  pTonde  them 
il  able  to  du  il. 


K,'btit  «f  mediocrilevi 

Mr.  Papillin,.  I>idbewliifim;riliiij«urear? 

Dentiii.  No,  I  wusjiist  by  niin. 

Mr.  Papil/on.  Who  »sie  in  the  rouin  be- 
*iJmt — JJennit.  Nobad^^  uuly  hw  nevriuils. 

yir.  FaailluM.  ^Vlieiiitid}oti'iiiaJie  lliisin- 
(irmatiou  ? 

Dennii.  I  maijtrit  iuthc  inniilli  of  JuDf, 

Kr.  Papillvn,  In  tli«  month  of  June  ? 

Vaiait.  Yes,  Sir. 

Mr.  PapUlo/i.  Before  my  lord  was  com- 
miltol,  iiraller? — Dennu.  Before. 

Mt.  Papillon.  Whodidjroii  niakeittof 

Dennit.  I  m&de  uiy  intormftlion  lo  the  ae- 
•relBTV  of  itate. 

Mr.  Papillon.  WWchofthera? 

Denait.  Ijecretary  Jtnkins. 

Mr.  Papillon.  Why  did  you  concealit  so 
longf 

Dcnnii.  BMauac  I  was  in  the  city  so  long- 
Mr.    Papillon.    Did  jou  ever  go  about  lo 
mitislcr  your  400  raea  jou  had  in  iTGland,  I 
aak  you  wlicthf  r  you  did  or  no  ? 

Anna.  Upon  luy  word  I  did  advise  lopie  of 
them  to  be  ready. 

Hr.  PapHloa.   And  did  y< 
•fllh  ariiw  ? 

Dennit.  Noll,eiT.  I  nosn 

Mt.PapiUoT,.  WliatrcL^iuDureyouof? 

Denaii.  I  am  a  nrtKcataiit. 

Mr.  Papillon.  How  lonif  have  you  been  a 
protestant  ? 

Dcnnii,  1  have  \ieen  a  protestant  since  Fe- 
bruary last.  And  this  I  must  ronfess,  tliut 
tthen  1  was  in  Spain  and  France,  my  reiiolutioD 
was  to  be  a  protectant. 

Mr.  Gixgrry.  Mr.  Dennis,  pray  nho  was  in 
the  room  wheo  ymi  were  there  ? 

Dtnais.  The  earl  of  Shailesbury,  Sir. 

Mr.  Codfriy.   Who  else? 

Dtnnii.  Mr.  Sheppard. 

tAr.Codfrts.  WhoeUc? 

L.  C.  J.  Mr.  Gudfrcv,  wlien  another  mau 
asks  a  question,  you  iiliould  consider  what  is 
■aid,  and  not  oslc  the  same  question  over  and 
evw  again. 

Mr.  Papillnii.  In  what  iitoce  in  his  house  ?  '' 

DennU.  In  his  own  chamber,  in  Ihegr^M 
chamber,  I  do  not  know  whether  you  call  it 
Aehatl  orthepurloiir. 

Mr,  Popillrm.  Wa^  it  above  stairs  ? 

Deanif.  Yet,  it  wus  above  stairs,  my  lord 
jJoM  not  use  lospeaL  witli  any  below  stairs, 

Vr.  PapilUm.  la  tliis  all  tiM  you  know? 
.Jlave  ^u  heard  my  lord  say  any  treasonabk 
VM^am  any  other  place,  oral  any  other  timt  P 

Denaii.  In  (lie  lung  gallery  at  bis  own 
■hoasa,  at  anuther  time. 

Mr.  Pup.  Why  did  not  you  say  so  before  ? 

Dennit,  I  did  say  mi  before.  In  the  long 
gallery  be  told  iiie  he  would  have  a  common- 
weallb  in  England,  and  extirpate  the  urown 
of  Englanil  nndilie  kin^f  of  England. 

Mr.fap.  IslliatiiU?  tipeakatlyoui  know- 


ir> 


Dennit.  1I«  said,  we  ihould  all  Irynaru 
'oiiform  inii'Seivcs  to  a  couinionweallh,  and  W 
that  ue  should  gel  our<.«tates  agAin. 

Mr.PupUlBTi.  I  a^  you  if  ihii  iiaUnn 
Lave  to  say  ? 

L.C.  J.  Do  jourvmembCTany  roopF? 

Mr.  PtipilLm.  Alore  than  you  Mid  is  itt 
morning  ? 

Dennit.  He  said  he  wonU  extirpaU  to 
king,  anduioke  En^itatid  a  coiniiMnweallk,  Ml 
that  we  woe  Iwls  and  Hilly  folks  that  6i  M 
I'omply  oiuwitvcs  to  their  factioat  party,  udf 
that  we  «bouM  cct  our  estates,  and  thulii 
would  ^tmea  black  ^wn  and  benefice  in  tin 
mean  tune  ;  and  wbeu  all  things  were  im^ 
hewould  preler me  to  abetter  j  audiKitnh 
myself,  but  alllbal  were  of  my  name,  ni 
nnuldBlickto  me. 

Mr.  Pup.  is  this  all ."— i>«i>n.i.  TUsiildL 

Mr.  Piip.  Tlien  you  have  aothiog  nun  7 

Dennit.  1  neter  spake  to  hiin  but  in  Ui 
own  bouse.  , 

Mr.  Papillon.  All  your  kindred  are  papim, 
are  not  they  ? 

Dftmii.  No,  Sir.  I  catmotsavso,  butmM 
of  tlii-m  are. 

/..  C.  J.  (NorUi.)  Who  canny  that?  Vm 
'Question  nobody  can  answer. 

X.  C.  J.  Look  ye,  ^ntlcmen.  now  jtM 
have  asked  these  queations,  you  had  betig* 
and  consider  what  evidence  i>  detiveicd.  Ml 
weigh  well  all  those  things  thai  have  bem 
.s^id  ti>  you  ;  and  \  ou  must  consider  your  dotv  : 
you  are  to  ctMjuire  here,  wlietlier  il  befilii'nj 
for  the  king  to  call  my  lord  .^nlltsbury  u 
question  upon  tiiis  account  oftreaiuinablenonb 

yir.  Pap.  Mv  lord,  we  desire,  before  wego, 
lliat  cither  the  law  may  be  re^,  or  we  mij 
hui  e  tiie  statute  book  up  with  us. 

L.C.J.  The  statute  iMHik  wasueverdeoiat 
]<\y.  di'sireil]  but  you  shall  \afv  the  laiv  teiJ 
hei'e:  Firstthc  statute  of  the  23th  of  Ediivil 
the   3d,  and  then  this  last  statute. 

L.  C.  J.  (North.)  I  would  say  one  thing  be- 
cause I  ol»ervi!<l  that  some  of  you  asknl  ih* 
i|ue»-lion,  whether  the  parliament  did  not  de- 
bate about  an  Association  .'  Wbetlier  it  tt- 
latcd  to  that  paper  or  no,  I  ani  nottiertain;  I 
hope ynu  will  consider  that  paper  well;  lor 
ray  purl,  I  must  nec<ls  say  tiir  myself,  I  hc«id 
of  it,  but  I  never  heard  it  read  befurr,  3s4 
never  beard  the  conteats  of  it ;  but  it  seems  tv 
me  lo  shew  «  hat  those  officers  were  to  do,  for 
the  ends  of  this  Association  ;  and  oncof  those 
I  remember  (gentlemen,  I  rcteryou 


of  tlioMi  tiids  was  to  destroy  the  niercentry 
Ibrccs  in  and  about  the  dtJesof  London  and 
Wcstminiter,  and  that  the  government  was  to 
be  by  the  major  port  of  the  inenibers  of  par- 
lionimt  in  the  sitliog  of  parliament,  uot  withuiis 
kins',  but  Ibc  major  part  of  the  luembers  of 
|Htrlinm(>nt.  Gcntlenmn,  I  may  mistake, 
titr  1  profess  I  speak  only  out  of  memory ; 
but  it  seems  to  me  lo  be  of  great  consequenre, 
toA  tbeie  is  great  matter  tolte  pmiUMid  u^^ 


m]      STATE  TRIALS,  33  Chaklrs  tl.  l6il.—tlu  Em-lof  ShafttAKry.      [8St 
it,itWiir  fopnd  under  lock  and  key  in  hii 
mly:   But  I  sup|MM  my  XotA  Sh^csbury 
lay  giTe  an  account  of  it,  but  there  is  great 
'it  dotli  not  import  to  bv 


uAnociation  hy  act  of  parliai 

An.  Ctn.  Wlien  the  [mrliuinent  was  pro- 
ng[ued  or  dissolved,  tlien  the  niajorpartol  llie 
RKmbcnine^i  couuly  en^getliemsclvesto 
ftllow  their  coiuinand  and  obey  ihdr  onler. 

L.  C.  J.  (Sanh.)  Geiillenieii,  I  lioutyou  will 
cntider  your  outlis,  aiidgire  all  things  tbdr 
ibewrigfit. 

LC.J.  Willvouliavetlieitalutcread? 

iitrg.  Wewill  rcaditabufc. 

Hie  Jury  withdrew  to  consider  ihp  cTidence, 
Mdreturnedtiiebill  Ignoinmui.  :  Upon  which 
Ibepeopletell  a  hullowiiig'iuid  shouting.* 

dlt.Cen.  3ly  lord,  let  it  hercciinted  Ihb 
bidlowii^aDd  huojHiig  in  a  cuurt  oljustice. 


'Upon  the  ni'iiui 
Hied  for  Hijjh  Treaaou,  January  a*),  1701), 
(See  the  Case,  i»at.),  binue  [leniiiis  in  court 
dapped  their  linuds  uiiil  huzzaeil.  ^Vbci'eui>on 
■oe  Kicbard  TUoni|isnn,  who  huit  Wn  uh- 
serred  by  lord  KeujiMi,  C.  J.  ta  take  part  in 
tiiis  irregular,  iiiilc<-uroiis,  and  cnuteuvjitnous 
coodnct,  was  l>y  hiui  lined  iu  the  sum  of  20/. 
md  compelled  furthiviih  to  pay  tlie  a 
[See,  too,  1  Dlaukst.  Coinm.  IS6.)^  It  n 


KFW  befive  us,  .X 


'.a  of  lurd'shaltc^iuy 
>f  Thoni]nion,  Pain,  and  Fare'- 
veu,  A.  D.  iwfi  i  and  of  the  Hfwa  Itishops, 
t.I>.  l(>88,i«/ra,  nopuaishuieulwasiuUictrdiin 
tta  perBOUS  whii  violated  ibe  ilecuruni  of  tbe 
tmtt,  tbongli  in  the  tirst  of  these  cases  Dal- 
tynple  (Jlemuirs,  part  I,  book  1,  p.  4]  tells 
m,  iHi  the  autiiDTity,  as  he  t-ava,  uf  a  letter  in 
the  Paper  Olhce  miui  sir  Le>iliue  Jenkins  to 
tbe  prince  of  Oran^re,  ot'ilate  U.)lU  November, 
1661  :  "  'nieactUmntimiNincmirttorShHrieB- 
bnrj-'s  acquittal  lasteil  an  hour ;"  aud  upon 
die  \aA  occasion,  Kcnwby  tells  tiit,  that 
"  WeftmiuKter-tiull,  the  Palnco-yanls,  a  ' 
■11  the  streets  about,  were  thronged  with 
indnite  peoplp,  whoKc  I'liul  shouts  aiid  joytiil 
■cclamations,  upon  tiearini;  tlw  bishops  were 
•oqnittcd,  wereareryrebfllinnin  noise,  dioiitch 
*MT  larfrom  so,  either  in  fart  or  intentiun." 
And  Henry,  the  second  tarl  of  (;lureni1on  suys, 
"  there  w«s  a  most  wonderltil  shout,  that  one 
mold  have  thought  the  hall  bad  crackeiJ." 


"  The  sheriff  of  every  county  is  bound  to 
nttm  to  every  BFiision  of  the  peace,  andetery 

Botenl  gaol  delivery,  twenty-four  good  and 
kwful  men  of  the  cuunty,  some  out  of  e>cry 
htUMlied,  to  inquire,  iiresent,  ilo,  mid  cxf.-ntc 
all  thow  things,  w  liieh  on  the  pari  of  our  lord 
Ihekii^sb^l  then  and  there  be  commaDded 
them.  They  ought  to  he  freehoMers,  but  to 
wbal  amount  is  uncertain  :  whirh  seenii  to  be 
conu  emiMiu,  and  m  proiier  tu  be  supplied  by 
Ae  Ic^alatuie  an  ihe  i^ualidcations  of  llie  peiii 


jnry ;  wbich  were  fbnnerly  equaUy  vague  uA 
uncertain,  but  are  now  settled  by  several  ac:a 
i>f  parliament.  However,  they  are  usually 
gentlemen  nf  the  bekt  figure  in  the  Aiimty.  As 
many  as  appear  upon  tliia  panel,  are  sworn  upon 
the  grand  jury,  to  the  auiuuni  ol'  twelve  al  (hs 
least,  aud  not  mure  llisu  twenty  three ;  that 
twelve  mav  be  a  majority.  Which  nuiubar, 
is  wellaatlicoiinslitutionitselli  we  find  eiact- 
ly  descrilied,  so  early  as  the  laws  of  ElUelred. 
'  Eseont  si;niorradnudcdm  thani.etpraetectus 
'  cum  cis,  et  jurent  super  sanclu^num  quod 
'  eis  in  manus  iktur,  quod  noliiit  uUuni  inuu- 
'  centem  aocusare,  nee  aliqucui  nu^iuni  ce< 
'  lare.'  In  the  time  of  king  Hkhard  the  first 
(accordbg  to  Hoveden)  llie  pi-ocess  uf  electing 
the  graudjury,  ordained  by  that  prince,  waa 
OS  tiillows;  ibur  knighta  were  to  be  takm 
From  the  county  al  lartce,  who  chose  two  more 
outofeverj  hundred  ;  which  two  associated  to 
lliemaelves  ten  other  principal  freemen,  and 
those  ttvelve  were  to  answer  couceming  all 
particulars  relating  to  their  own  distriet,  Thia 
iber  naa  probably  found  too  la^c  and  ir 

Liutba 

jury  arc  pretiously  instructed  iti  the  artides  of 
their  inquir)-,  by  a  charge  from  tlie  judge  who 
preudes  upin  the  bench.  They  then  witli- 
draw,  In  sit  and  receive  indiotroenta,  wbich 
are  preferre<l  to  them  in  the  name  of  the  king, 
but  at  the  suit  of  any  private  prosecutor ;  aod 
tliey  are  only  to  hear  evidence  on  behalf  of  tlia 
prosecution:  forthefiudingof animlictmentis 
only  in  the  nature  of  an  inquiry  or  accusation, 
whicli  is  aflerwards  to  be  tried  uid  determined; 
and  the  grand  jury  are  only  tu  inijuire  upon 
their  naths,  whether  there  l)e  siiffii-ieiit  cause 
to  call  upon  the  party  to  ani^wer  it.  A  grand 
jurv  huwtver  ought  to  be  t1iiin>uglilv  pei-aiiad- 
ed  of  tlie  truth  ot  an  indieliiient,  so  {or  ah  their 
evidi^nce  goes ;  and  not  to  rest  satisfied  meit^ly 
with  remote  prubaliilitics :  a  doctiine,  tliat 
might  be  a|KiUM  to  very  oppressive  purposes." 
4.  Blackst.  Coram.  902. 

Ree  also  4  Bhckst.  Coram.  130,  and  Sir. 
Chr^ian's  Note.  Butqiicry.whethera  grand 
jury  should  not  reqnire  fbr*  the  finding  of  an 
Indirlinent  sucli  proofs  as  if  uncontradicted 
wuuhl  Mitisly  them  that  he  was  guilty  (See  the 
Klat.  j  mix.  c.  1.);  and  this  this  not  merely 
fur  the  sake  ofthc  person  accused,  butfilso  tttr 
the  suke  of  public  justice,  which  may  l<e  de- 
ti.'ated  by  proceeding  tu  trial  before  sufficient 
eiidenre  is  collected.  This  case  of  lortl 
Sliaflcsbiiry  gave  occnsion  for  the  pubhcalion 
ofasiiiiilrd  and  leamnl  tract,  intitlcd  "Tbe 
8ecui'ity  nf  Englishmen's  laves,  or  the  Trust. 
Power  and  Duty  of  the  Crand  Juries  of  Eng- 
land ejiplaine'l  aceoriliiitj;  to  tlie  fuiidamentals 
of  the  English  gorenimeiit,  unit  the  Declnra- 
tions  of  the  snme    made    in  l^rliament  by 

In  1  b'nuittiunhairs  Decisions,  180,  (rase  t.C 
.  JaiueaUougUm,  July  lllh,  IGS'J,)  is  a  passage 


•IS] 


STATE  TRIALS,  S3  CuiiLVS  IT.  ifiSI-^iVoMcfitff  tgtlmt        [lU 


inwbid>  nolioe  ia  taken  of  the  Umdon  ■  Icno- 
ruaui  juiiem.'  It  aoeuu  to  ihew  that  tbe«e 
Jguenmui  flndings  had  very  extenvive  in- 
fluence, and  in  other  respects  it  may  be  fouiul 
to  be  neither  UDamuaingnor  UDiactructiTe : 

"  The  kinp'ii  Advocaln  finriing  he  bad  itiiK- 
taken  himielf,  rsiiTed  and  i<wnre  and  railed  at 
■ir  David  Thoini;  and  wtudied  to  irritate  the 
criminal  lordit  ugoiust  him,  as  if  he  bad 
harangued  tu  renraach  the  court  and  their 
■ntrriocutor ;  nnu  denied  that  all  probation 
needed  to  be  in  pretience  of  the  aanze, 
•0  as  to  be  re-ilereted  ;  and  instanced, 
where  one  u  persued  for  tbreiog  blse  writes, 
all  that  is  pitMhiced  tn  the  jury  is  only 
tboloids  of  wiixion  their  deereel  ot  imprnba- 
lion,  whereon,  without  leading  the  witnesscri 
which  were  the  ground  of  that  decreet,  the 
"  '  *  n  guilty,  though  there 
clerk's  assertion;  and 
he  threatened  the  a\it\3xni  with  an  assize  of 
error,  if  they  became  liki'thesetlilious  'Igno- 
sanua  JurieN'  al  London;  and  thathe  wtiuld 
iniallibly  prou^cnlc  llieni,  and  get  them  severe- 
ly pimiined,  OH  Im  had  dooe  lately  with  some 
cleenuug  swiKers  of  Somenil  of  Urats,  in 
1681 ;  and  if  there  were  any  need,  ' 


__Bti,'  he  would  vet  lead  the  clerk  of  the 

court  and  his  senunt  John  Anderson,  and  the 
krds  on  the  bench,  as  witnesses,  that  lliey  nil 
beard  the  pannci  contcss  the  (act,  and  saw  Iiiin 
■ubecribe  that  jiaiier  ;  and  it  was  yet  time, 
seeing  '  in  crimiualilms  nimi]uain  concluditur.' 
— Ritt  the  iimxini  is  ■  iiimi|uaiii  contra  reiim,' 
■ndsoisitifatonrsof  11io{idnncl,thHt  liin  ili- 
li^nccsaru  reccituldc  at  any  time.  If  he  had 
led  tlwt  prubiitiiiu  hi  diiu  time,  Ilir  a.ssiz>'  vmM 
have  been  iviiilen.il  iiiexrnsabli',  aifl  woulil 
Irate  had  mh  jiretpnce  nlicriiipon  to  have 
fleaniied  him.  Hut  thi«  l«'ing<iinittcil;  when 
they  inclusi-, the  intist of  IIimu wcrr uicnhanls 


they  IB 
and  w 


his  cNIHte,  and  di'lrniiiliii);  liiK  imir  Kixlemlhi 
uf ;  anil  that  ihrt  hy  \\u-  Aih  ih-uIi's  iivcrxi 
had  a  lulitiiilt-  !•■'  lin'il  it  nut  Kiitiii'ietiiK  (iri 


AdxH'attsIiin 

<-.!  :ii>.l 

S«l 

■I-  ii 

1.  ."  l.I  linvf 

tlii-in  nil  imp 

is..iinl. 

{yt 

ii.'i 

A  ■;■  .ai*d   a 

^1 noris  ,,f 

Tvnr    a^ 

mw 

Il>.-| 

III  ;>lld  tiiii'il 

anil  .Lrlarf.] 

intaiiur, 

ml   Hull   till'   ni'M 

a«i/i™  lir  Kl 

iid<l   di 

"''. 

sl..,i, 

1  Ik'    l.i>.tltli. 

Li.tt'K  Mihlier 
tliir  Imnkuon-. 

1.  1 

.i.tj.'k-..      Il»t 

'of  ,«.-, 

nlM  ill.  »ti<l 

w«eju.l«.-.l., 

Lis  imj.-sij  s 

ThefulliiuinL'|iaM>» 

\lr;..' 

.-•IlKmiNHr- 

ciaus  Utirt'll 

-  SLs.  • 

ilri 

1   11 

■*ti.r»Bl  lleh- 

lion  «f  Suw 

Aftaiis,' 

IJc  1 

l.r-drj    of  All 

'•  May  gtli,  1C83.  The  lord  BhaftMJBT 
having  aonie  time  nnce  arrested  Mr.  CnM^ 
mercer,  in  I^ter-Nneter  llow,  in  n  adn 
of  Scandiifum  magnvtnm  tor  SfiOOl.  dunafs 
fir  words  spoken.  Sir.  Cradoric  by  bis  cMwri 
moved  the  Court  of  King's- b«itcfa,  Ae  In 
dsyoflhis  term  fur  the  changing  the  tcm(^ 
that  the  trid  might  be  in  an  indiflatB 
county,  and  not  in  I/mdoD  or  Mid  Jim »;  it 
was  put  off  till  the  5th  inst.  and  then  put  dT 
till  the  10th,  at  which  day  the  detendau' 
counsel  nroduced  several  aJikUvili,  ttat  I* 
lordship  had  coaManily  residad  in  haaimw 
Middlesex,  and  parttculariy  at  this  tine,  N 
Londou.  That  be  had  been  mucewed  imink 
in  thi^  city,  was  fr«e  thereof,  and  paitinWf 
alio  nf  the  Skinnen'  Company,  of^which  lb. 
SberiffPilkingtoo  was  master;  and  thalthnc 


shcriHs  ;  for  w  , 

lievptl  the  defendant  eonU  have  no  indiflbal 
trial :  they  also  cited  several  [imudwtii  ■ 
which  vennes  bad  been  ehanmd  in  the  amtt 
Scandaluui  magtuttum,  and  thertArc  fnjttil 
might  be  BO  in  this.  On  the  other  ndt,  tt 
counsel  for  bis  lordship  urged,  that  the  BdM 
Wits  brought  in  the  right  place  wbtie  the  vafc 
weres|)oken;  and  thathis  lordship,  aaandk 
man,  had  the  privilege  to  lay  bis  actJOD  wbB 
he  would,  and  snoke  sereial  things  agantf  Ai 
afKdavitti :  but  loe  court  were  unanimoodjif 
opinion,  that  an  indifferent  trial  could  nal  k 
hail  in  London  or  Middlesex,  and  ilierernte*- 
■Irnil  it  tu  lie  in  another  count},',  and  gave  bii 
lordilii])  the  i^hoici-  of  which  he  noiiU:  m 
uliicli  the  lonl  SIndlesliiirv  (who  wait  tbn ia 
■  iinrtjsnid  lie  would  rallirr  Itt  his  aitiim  fiU 
than  Irv  it  dsewlim*,  whi-reot)  the  t-ourt  tc4J 
him,  that  that  eontirm<d  them  iu  their  iipi- 

"  >Iny  l^tih.  The  Imtl  Shanesbtiry  haii^ 
liroii^'lit  a  writ  of  einnpiracy  i^iiist  Sir.  fin- 
hum,  priwipalol'OlilTonl'x-inii,  and  laid  hii 
l^iiiilun;  llie  mill  .Mr.  liraliNiti  havini;  nton^ 
wire  or  titice  llic  niiirt  nf  Kiiit;'b-betii'h  ibM 
■lie  viiiiit'  uiiglit  be  laid  iu  another  county,  >■ 
cuiiie  on  attain  tlie  Itith  to  be  dclwtnl,  hIm 
Ihe  ili'ti-iiilitnt'H  cnnnM-l,  who  wen'  .^Ir.  Aiuc- 
iwv  (it-xund.  Sir.  S.dirilor.  bir  tii-orffe  M- 
tirii's,  sir  Kranci- \\ iiliinn,  anil  Sir.  Sujiihn. 
aiiil  Mr.  ynnh  prmliici-d  -.cviral  ullidntib  > 
hi'.  U'linlt^  li/.  that  nliat  li<'  did  in  nlalimv 
llie  inilirlnicnt  uf  Ins  l-u-dkhip  wan  bv  ■■rdrrrf 
ihc  Liii^''H  iiMiiiKfl  I  that  ibe  iilainiilV  had  ir- 
(idi'd  inaiidabtiin  ihi>  ciiyol  Ixndnn,  turit- 
vciiil  _v<-ar«  |i:isi,  and  liiiil  lliereliy  coiilnirtal* 
i;r('!iriiii>Ti>t.  thill   lie  liail  srval  ilvulin;.'*!! 

the  I'iiv d  'ION  tiii'  of  tin-  (innpaiiv  ia't>i*- 

wn.  »  1.1'i.iif  ihiit  i.l.(i'itf  wns  >l:Mer;  tlal 
III' Ui's  inliniitti-l_v  Hii|iiaiuiHil  with  him.  Mil 
thill  il':»i%  of  tbi-  w-lwwi-s  nlui  lurv  ajIW* 
his  1i>ril>dii|>  ill  liis  iiidimmm.  slionhl  Ui  Ail 
caM'uppi'^trliirihi'ilclii.ilHiit.  tlii'i  wuiihlrar 
Uiinly  he  kiUH-kcd  on  ilu'  |ii?ail,  tli'ry  nairw)^ 


835}  STATE T&UOS,  S9  CaiBLES  II.  l6bl^tke  Earl  of  Sh^fiahia-y.  [SSB 
LoDdou,  Ksifbeuiteoded  there  to  inlluencetbc 
cit^  ujpiiiut  the  c«urt.  Soon  alter  bis  return, 
oae  Itrvou  llaynen  can>e  tu  him  »ai  Mnired  bim 
he  CDuttl  give  gt^at  tight  in  the  nutter  of  lur 
Edinumjltury  (iodfrey'a  tuurder,  iflie  night 
Lave  bis  pH/duu.  Tbu  eftrl  ewleaToured  to  eet 
onc.Lutil  couldnot  broblainetJ.  Haynesbcing 
tuki^  and  carriol  bdbre  tbe  counril,  hoped  to 
Ifet  favuur,  by  aocusinf;  tbe  earl  ot'atl«ni|iliiig 
to  Mihomhioi  to  do  it ;  and  on  the  infuniiattcni 
of  this  Irish  evidence,  the  lord  Sbaitexfiury  was 
apprehended  at  bis  bouae  in  Alders^Hlc  mieet, 
and  on  tlie  9d  of  July  coiBtuitted  to  the  Towio-, 
tor  high-treaaoa  ;  ukd  capt.  WiUumjOD,  who 
liad  waitiid  OD  the  eari  U  Oiibrd  (uoonf;  other 
friends  end  tblWerH)  was  now  teiuf^  io 
dtuve  tills  upon  his  Wdihip,  an  a  tleaign  of 
Kditioo  aod  tmson :  but  Wilkinsoii,  thJovwh  « 
prisoner  tor  debt  in  the  Kli^'s-bcncb,  nasted 
all  their  leiiiptatioue  and  oA^,  Mid  would  not 
be  drawn  in  to  be  ao  evidence.  Hie  ear],  afis 
ited  aeranl  petilioiu  6r 
Itai),  according  to  the  Habeu  Corpiw 
act;  but  he  could  not  be  heard  till  NoveinlieT 
the  ?iili,  and  then  a  bill  of  high-ticasoD  waa 

C referred  to  tlie  gi^d-jury  at  the  Sewioiia 
ouscin  tbe  01d'B«1ev,  Hr.  Blaithwaite  and 
Mr.  Gwynne  awore,  lltat  the  papers  produced 
iu  court  wer«  taken  in  tbe  lord  Shanesh^y'a 
house:  BadairLcohne Jenkins  depoMd,  lliat 
one  of  tli«n,  which  was  a  project  or  an  associa- 
tion, was  the  aamle  paper,  unaltdrei),  that  Mr. 
Blaitbwaite  gave  him.  But  tbie  writing  (ttaith 
nr  John  Hawles)  was  no  manner  oferideniM 
of  treaiiMi,  admittib^  what  tbe  wiloewea  awore 
as  to  the  Amling  nfit,lo  be  true;  because  it 
was  not  proved  tliat  it  was  campaaed  or  preae- 
cnted  by  tlie  cart  of  Hhafteabury,  or  by  bis 
order.  Two  Macnamarras  and  one  ^ootb, 
swore,  Hiat  capt.  Wilkinson  was  to  have  been 
captain  of  a  troop  of  horae  in  tbe  army  whirh 
the  lord  ShaAedmry  was  to  raise.  One  Tur- 
bcTvile  twore,  That  the  lord  ShaAeshury  said 
about  Februan  laat,  that  there  was  little  good 
to  be  done  to  the  king,  aa  long  as  his  guards 
were  about  him.  One  Smith  gave  evidence, 
that  the  earl  ahould  say,  if  tbe  king  should 
offer  anv  violence  to  the  pariiament  at  Oiffard, 
he  wnufd  meet  with  a  strong-  uppoailion.  And 
<Hie  Haynes  swute  to  these  wonk  spoken  by  the 
eaH,  the  duke  of  Buddngham  hasaa  mueh 
rightto  IbeCrown,  asany  Stuart  in  England. 
Buttliejury  (of  whom  nfoamuel  BamaMiMOB 
was  fore-mail)  cvuaidend  of  die  depositioni 
of  capt.  IVilkiiison,  made  befbre  tbe  king,  giving; 
a  large  accotint  of  tbe  intr^ue  carried  on  t^ 


it  tlicn,  and  Iheu  tbe 
Mth,  that  if  any  socb  oufiiipinu:y  was,  it  aissu 
in  the  county  ot  Surrey,  and  uut  h  here  the 
p^tioa  was  laid :  tbe  plaintitf'*  counsel  ioaialed 
that  tbe  action  was  well  laid,  and  it  being  n 
leeal  •etion,  it  couU  not  be  altered  from  tbe 
ylanr  where  the  plainlitf  had  laid  it :  but  the 
CDwt,  on  conaidiTalioD  of  the  whule  matter, 
lbeii)|^t  the  defeodaut  could  have  no  iuditfereut 
trial  u  Ifoodon  or  Hiddleaex,  and  therefore 
ardered  tbe  venue  to  be  changed ;  but  gave 
yslndsbip  leave  to  lay  it  in  any  other  county. 

"  The  16th,  also,  Mr.  ^mnel  Harris  and 
Vr.  Richard  Janeway,  came  to  be  trieil  at 
Vuldhall,  in  London ;  the  first  for  printing  and 
lebliaiiing  that  treastniaUe  and  s^itious  libel 
1 '  TreuoD  in  Grain;'  for  which  I'ttzharris 
;  the  other  Ibr  publishing  seditioiiB 
evidence  was  pretty  plain,  but 
— r<a.i>i>T  agaiost  tlic  first,  yet  the  jury  were 
plNaed  to  fiixl  tbem  both  Not  tiiult}-. 

"  Mr.  Sheriff  Bethel  having  some  time  since 
kougfat  an  action  of  scamJul  agaiufit  one 
Hr.  Harvey,  for  saying  of  hiin  that  he 
■bonld  speali  tbeae  wordk,  *  that  rather  than 
'  tbe  old  king  should  have  wanted  an  exe- 
■  eutionn',  be  wonkl  have  done  it  himself." 
BIt.  Uarvey  having  moved  the  Court  of  EX' 
cbcqner  to  change  the  venue  front  London  tu 
''  r  county  tor  want  of  an  indiHerant 
'aa  the  30th  ordered  accordingly. 


aay  « 
trial,! 

"  May  39th.  The  earl  of  Wiaftesbmy 
Iroiwfat  a  Scan.  Mag.against  Mr.  Justice War- 
aap,  Hr.  Ivy,  and  others  of  the  Irish  evidence, 
an  laid  It  iu  London ;  but  they,  by  their  coun- 
hI  moving  the  Court  of  Kings-bench,  to 
(fange  tbe  v«)iie  (on  the  same  reasons  as 
Ciaaodi,  Giahara,  ^c.  had  done  before)  they 
kad  it  granted  accordingly." 

•■  Aiwil,  lom.  This  Lmt  Assizes,  at  the 
town  of  Derby,  wliicb  Mr.  Baron  (irrgory 
went,  there  wos  a  hill  preferred  aguinst  one  for 
btina  a  priest,  into  the  Grand-jury  ;  who  were 
lousnta  of  tite  new  wder  of  Adilresaer*  and 
TioKDt  Tories,  but  tliey  were  pleased  to  return 
thereon  '  IgnucaniUB;'  hot  the  jud^  knowing 
tbe  evidence  to  be  plain,  sent  them  out  to  con- 
sider of  it  again,  H  bid  they  did,  and  brought 
is '  Ignoramiu'  again.  Upon  ibis,  the  judge 
told  them,  tor  tba  mlisfaction  of  the  country, 
be  would  examine  the  M'ilneHses  in  open  (»urt, 
which  being  done,  tlie  HSine  jur^-,  unoo  tlio 
aaoie  evidence  on  which  they  found  before 
two  '  Igi)OTaniu«eii,'  found  now  '  BilU  Vera.'  " 
f  Colledge, 


•'  ft  waa  proposed  to  make  an  example  of  a 

Ejr  aa  well  asot'a  i>aar  commoner ;  My  kird 
aftesbury  was  a  person  most  odious  to  the 
court,  and  the  mora  so,  bncause  his  lordship 
{witli  aevml  other  peers)  had  entered  a  protes- 
tation DC(aiBEt  the  I^utb  rejecting  tlie  im|ieacfa- 
■wnt  ut^Fitahanis ;  and  upon  the  dissolution 
aT  tjie  pariiament,  returoed  inimediately  to 


famous  cttaractev,  who  had  been  condemned 
fiw  cUjijiing  and  orinin^:  nor  bad  they  reason 
to  believe  any  thing  said  by  Tuibervile,  SmKh, 
or  Haynes  ;  and  there  was  ao  much  of  their 
falshoods  and  of  their  d«ngns  to  peijmv  Ihein- 
felres,  proved  against  thein  in  CoUedge'i  trial, 
that  they  therHiiTe  breught  in  an  Ignoremns. 
Upon  which  sir  John  Hawles  makes  this  re- 
matfc ;  tbe  grand-jiny  (tlieugb  aome  of  them 


827]         STATB  TRIALS,  33  Charles  II.  iGSL-^Protetimg^^aiuU  '      [set 


•fWrwanlfi  Kmartcd  for  it,  upon  other  prrtenccs) 
did  like  hoiicyt,  iiiidnrstaiKlin'rQ^eiilWineii :  and 
had  tliey  done  oil  icvwisp,  lo  avoid  thoignoniiny 
of  being  called  (tiuui^h  in  truth  it  Mas  an  ho- 
nour lo  bo)  au  lj;[noi-o»nus-jury,  they  hati justly 
deserved  the  rcpro;u-i),  uhirh'^siiicchusHghtefl 
on  other  juries ;  micIi  iis  51i-.  I'oniisVs,  and 
the  like.  The  p;.'oji:.'  \\vy\:  ^^f»nei-al!y  so  well 
mtisfied,  that  liio  K^fitc  of  the  |t:i|>ists  mqs 
grounded  on  the  lord  Shallej^bury's  apparent 
zeal  fur  the  reli^rion  and  libertlc^f,  tliatthcy 
publicly  rejoiced  in  his  de.iiv<tranee,  and  made 
bonfires  that  evening  in  s'^!\;'i'al  ]>Hrts  of  tiie 
city.  Gmham  (uho  was  the  Mitieitor  a^^^inst 
him,  and  had  manat;ed  tlie  Irish  ei  i<l«*nce)  had 
much  ado  to  escape  the  fury  of  the  multitude; 
and  the  jud<^  (as  they  themselves  conli  s&ed 
in  Crrahain's  triiil)  were  aiTruuted  as  they  sate 
on  the  bench.  I'he  earl  being  cleared  by  the 
grand-jury,  moved  to  be  discharged,  but  could 
not  obtoin  it  till  the  end  of  the  next  term. 
When  he  was  at  liberty,  he  prosecuted  Graham 


and  his  accusers,  as  his  declaration  sets  forth, 
for  conspiring  to  indict  him  of  high-treuoo,  for 
which  they  solicited  Wilkhison  to  give  fidie- 
testimoiiy  against  the  said  carl,  &c.  tlie  de- 
fendants moved,  that  they  might  not  be  tried  is 
1  jondon,  because  the  -  sheriflTs,  Mr.  PilldngloB 
and  Mr.  Shute,  were  the  lord  ShafkriNiiT'i 
IViends.  The  judges  alloweil  their  plea ;  but 
the  carl  would  not  try  his  cause  elsewhere.'* 

The  Ca<ie  of  k)rd  Shaftesbury  v.  GraJun 
and  Craildock,  is  reported,  8ldnn.  40.  1  Vent 
3(}3.  2  Jon.  192.  2  Show.  197.  Mr.  Lcick, 
in  his  e(iition  of  the  last  of  these  books,  l»s  re- 
i'eired  to  se.veral  eases  re»pectiug  the  chan;^ 
of  the  veuuc.  To  other  cases  on  the  sant 
subject,  he  has  rcfen-ed  in  the  Case  of  Tbon^ 
son  V.  sir  William  Scrouj^  2  Show.  176.  Hbtf 
was  an  action  against  sir  William  Scraggy  ffg 
a  battery  cfunmitted  in  SSuffolk ;  which  sv  Bir* 
tholomcw  Shower  tells  us  in  coqcIueiod,  *'  3fr. 
Thompson  forgave  and  desisted  on  a  treat  girn 
by  sir  William  Scroggs,"  Jcc. 


The  following  Account  of  this  Proceeding  against  Lord  Shaftes- 
bury and  of  what  afterwards  befel  him,  is  extracted  from  "Raw- 
leigh  Redivivus,  or  the  Life  and  Death  of  the  Right  Hon.  An- 
thony late  Earl  of  Shaftesbury."  Second  Edition  ;  printed  ii 
1683. 

**  Not  lonjf  after  the  dissolution  of  the  Ox- 
ford-parliament, o'.ii>  Brian  Hans  came  to  his 
lordship,  prftendiiijL-"  to  ho  scune  gentleman  of 
quality,  and  that  he  could  niake\ery  C4)n!>idera- 
hlediscrivericsoftlie  |>o|iish  plot,  and  the  murder 
of  sir  KduMindbuiy  (TodfVey  :  and  desiretl  his 
lordship  ill  onhTthiitunto  to  ftroeure  him  a 
blank  pardoit,  Ihmii;^'  \vt\  unwilliiicf,  :is  he  pre- 
tende<i,  lolia\«.-l)is  ,<:->nekuonn, until  In  liad  liis 
pardon  pi ocui id  ioi  liiiii.  llie  earl,  wlui  \v»s 
always  leiidy  i'»  st  j .,  Ms  iiiiij".vty  aud  tlio  Pro- 
testant inten.st,  ;M»d  siipp'V-inu'  th.»t  this  «nuld 
be  no  iiU'Oti^idcialile  |»iirt'  oi  service,  lo  dis- 
cover the  innnKT  of  tlu-  albn  .^:ud  kniirlit  luore 
fully  tlian  had  bt«Mi  liitliertn  iione,  wliicli  must 
neci^ssarily  ti'ivo  ;»  v;A.;U.  livjlil  into  the  p'oi  ; 
he  endea>onred  ti^  '^^t  lilni  r:;< .  bu:  it  coultl  not 
be  obtained.  And  noi  ioi-.;' :.. V.'.'.  tiiis  pi-eleiid«.Hl 
gentleman  of  (|w:i!i(y  d\vin(.'.it  il  inut  a  mean 
and  obseure  Micich,  ami  of  a  piiicii''ed  evi- 
dence of  the  real  Popish  l*lot,di  ueneraied  into  a 
blustering'  witness  of  a  tictitioiw  IVotesUMU  one. 
For  Ltein^'  apprehendeil,  and  carried  lieiore  the 
council,  instead  of  discoverinu"  any  ihiniT  alHiui 
the  death  of  sir  Kdniundbury  (io«lfrey,  ho  ae- 
cns«M  liis  lordship  and  others  (d'  havinjr  en- 
deavoiireil  to  sulNim  him  to  tli>  it.  Whereu|M)n 
3Ir.  House  a  i^tjitleman  who  liad  l)e«'n  some- 
time euiploxetj  by  sir  Tlit»mas  riaver  in  iiay- 
iu4;  i^  the  army  which  had  U^en  dlsbandt*<l  not 
long  before;  aud  Mr.  I'olletif^,  who  had  at- 
tended some  of  the  parliament-men  to  Oxtbni, 
and  Sat\inhi>«  July  the  \.Mid  l(«Ul,inthe  morn- 
ingy  his  lordship  was  apprehended  by  a  uies- 


sen^fcr,  by  virtue  of  a  warrant  from  the  cooiidl, 
and  his  papers  all  m^lzchI  and  earned  to  Wlute* 
hall,  where  the  kinu^  likewise  amved  from 
Windsor,  about  ten  of  the  clock  ;  aud  thea  he 
was  evaminetl  before  his  majesty  aud  tliecouu- 
eil  ;  s(MUe  of  t!iejud;jes  likf-wise  were  prpst'iil. 
His  lordship  knowing  himst»lf  clear  of  w  hat  mm 
laid  to  his  cliaryfc,  l>o1dly  alhrmed  aud  sol«.iitfi- 
ly  proh  sted  his  iniiocency,  adtlinix  a.s  ilwa»«  re* 
porteil,  that  were  he  i^uiltv  of  th<»v'  niinrt 
wh«'r<»of  he  wa-*  accust-d,  lie  was  (HrtaiuU  a 
mad  man,  and  had  thoivby  rendeved  hiin>f?lf 
more  ht  for  llcdlaiu,  than  the  Towei,  whitlifr 
upon  the  seqnel  he  was  <'omniitted  cb'sr  prt* 
soiuM-  <*or  Hi'^li  Tiiason,  aud  eonvi»yeil  tliitner 
by  water,  in  a  biu-i^e  :  and  the  kin:^  return*^ 
the  sanu'  da>  to  >Vindsor.  \ud  now  the  U>tter 
to  prepare  peoples  minds  to  believe  what  he 
was  lo  be  cliartfed  withal,  the  J(>i»uit  and  con- 
deiunod  priests  in  New'irate.  ami  som»  other  of 
ihe  popish  crew,  pri\ately  disperstnl  divert 
he'ilish  and  lyln^  paiuphK't<.  wherein  tbe\  ma* 
liciou>ly  asper^.nl  him  with  conspiring  trta.'ioa 
aiiuinsi  his  majesty  ;  i»ne  wheri'^.f,  which  wii 
souu'w  hat  moreimpudi  ni  and  uiiscliieioasthu 
the  rest,  and  was  calleil.  Articles  acain-^i  the 
earl  of  Shaftesbury,  waN  dispeuMil  with  some 
privacy  aud  caution.  The  ariicleN  were  as  tbi- 
lows: 

1. '  That  he  ima:riiit-il  lu  compass  and  pr9- 
'  cure  the  death  of  the  kinyf,  the  suh^ersioDO 
'  the  ^tnernuient.  and  the  known  laws  of  llic 

*  land,  h\  rethuinir  this  autient  monarchy  isto 

*  a  republic. 


i]       STATE  TRIALS,  S3  Charles  11.  l6si.—the  Earl  of  Sh€fit$hwry.      [830 


!. '  Tliat  he  used  great  endeavours  to  possess 
e people  that  his  majesty  was  a  papist,  and 
!«iip[ied  to  introduce  popery  and  arl>itrary 
iwer ;  and  to  that  end  had  promoted  several 
ditious  and  treasonable  libels  against  his 
uerty's  person  and  goTemmcnt,  purposely 
'  bring  his  majesty  iiito  an  odium  and  con- 
mpt  with  his  loving  subjects. 
(.  *  That  he  endeavoureil  to  levy  war  against 
le  king,  both  in  England  and  Ireland,  and 
nng  hfood-shed  and  confusion  upon  his  ma- 
ity*8  good  people,  under  pretence  of  prosit 
imngtne  Popish  Plot,  and  preserviri;^  the 
rotestant  religion,  the  liberty  and  property 
r  the  subject,  as  he  and  his  confederates  have 
one  in  the  late  rebellion. 
4. '  That  he  endeavoured  to  render  the 
■hurrh  of  England  as  ridiculous  as  popery, 
laJ  defamed  all  his  majesty's  ofErers  buth 
ly  laud  and  sea,  and  all  others,  who  out  of  a 
liK  sense  of  loyalty  ailhcre  to  the  cruwu,  stil- 
BIT  them  tones,  tnnti^  ies,  musqueraders,  ''^c. 
kurpobely  to  frighten  tlu;m  from  their  duty, 
ndfteautliem  from  their  sovereign,  to  ad- 
ifcrt  to  him  and  his  faction. 
6.  *  That  he  countiMiauccd,  harboured,  and 
luied  persons  to  swear  against  the  queeu,  aud 
hiiroval  highness. 

1 '  'that  he  procured  several  sums  of  money 
to  kc  raised  aud  collected  to  carry  on  those 
DHt  abuminablcdesUn^.' 
**  And  to  represent  him  as  monstrously  im- 
tural  and  bloody  as  themselves;  and  render 
■hateful  and  detestable  to  all  men  w  ho  would 
to  brainless  as  to  believe  the  silly  and  ridicu- 
H  shams  ;  the  articlcr  adds  in  Uie  close  of 
ibbel,  this  strange  and  improbable  rodom- 
ImIu,  that  when  the  sergeant  at  anns  ap- 
rbended  idm,  hedesiretl  him  to  eat  somethinq- 
Imv  he  appeared  before  the  king  and  council ; 
kereopon,  says  the  libeller,  his  lordship  an- 
tred,  *  I  have  no  stoinach  to  cat  unless  I 
aldffet  a  roasted  Irishman.' 
**  '^ut  Sessions  of  the  E'eace  for  London  and 
iddloex  beginning  on  the  Wednesday  ii>iluw- 
l  he  pre^enti^  a  petitiou  t«)  the  court,  d(.sir- 
^lobebroufHit  to  dS|)eedy  t^ial,  or  else  ad- 
tied  tu  bail.  Upon  ilie 'ath  Stephen  Col- 
Ige  had  an  IndictmuQt  prc^entcil  a^uin^'t  him 
the  grami  Jury,  v  ho  were  all  of  thorn  snb- 
■tia)  men  ;  and  aiLcr  liu'iint;:  heard  all  that 
nU  be  said  on  butii  ^ides,  lliey  retnrne«l  an 
inonmus  upon  the  bill :  tiut  fteing  n-movril 
dsftfd,  and  tried  thei'e,  v.-ds^  found  guilty, 
id  was  accord ini^ly  condemned  and  executed ;  i 
id  a  forged  paper  presented  and  published  by 
feUiompson  a  prmter,  and  supi)OS€*il  to  be 
Btby  sopie  J€>suit,  who  are  always  so  good 
ii^|rciiting  of  shams,  called,  his  last  siK>ech, 
bnui  be  was  maile  to  confess  all  that  he  was 
■qpBd  with,  althout?h  it  afterM-arrls  appeared 
it  ht  abaoiutely  denied,  he  was  any  way 

a  I  Bfirming  Iiis  innocency  to  his  last 
I.  August  31,  his  lordship  presented 
MhcTpditioD  to tlie  judges  at  tlie  soHsions  at 
•  Old- Bailey,  desiring  that  he  might  be 
Ikr  tritdor  buled,  purmiant  tp  the  act  of 


Habeas  Corpus ;  to  which  the  court  returned 
answer,  Tliat  bdng  charged  with  no  crime  in 
tliat  court,  and  being  prisoners  in  the  Tower, 
they  could  take  no  cognizance  of  them,  but 
they  must  seek  their  rdief  atthe  King's-bench 
bar,  the  next  term.  Great  preparations  were 
made  for  his  trial,  and  abundance  of  vritnesses 
procured ;  and  Mr.  Harouel  Wilson,  a  gentle- 
man belonging  to  his  lordship,  was  Kkewise 
conunitted  to  prison,  for  speaking  some  trea- 
sonable word^,  as  was  sworn  by  some  of  those 
evidences.  Now  you  must  know,  this  Wilson 
was  the  gentleman  whom  his  lordship  Intrusted 
to  attend  the  council  when  his  papers  were 
looke<l  over,  and  toke  away  those  which  were 
returned,  and  indorse  the  rest  with  his  own 
name;  and  that  the  paper  said  to  be  fiAind  in 
tlie  call's  closi't,  purporting  an  Association,  waa 
not  indorsed  by  him. 

**  In  the  mean  time,  notwithstanding  they 
IiafI  abundance  of  witnesses,  yet  they  ^ired 
to  liave  some  whtHte  iM»rt  and  tigure  in  the 
world  might  procnre  them  the  greater  credit 
and  thereby  render  them  the  more  capabU*  of 
aci'omplishin'r  their  end iu  theearl'sruin  ;  and, 
as  they  imai^MUcd,  fortune  offered  tliem  tim 
mosi  likely  and  favourable  opportunity  that 
could  jKissiblv  be  desiit*d  or  wished  for,1»v  1h« 
fullowmg  accul«Mit.  Captain  Henry  Wilkin- 
son, a  gentleman  that  had  alwavs  espoused  the 
royal  interest,  and  hud  hazarded  his  life,  and 
impaired  his  esUle  i\\  the  service  of  his  prince, 
having  a  desire  to  settle  iu  the  island  ofCaro- 
liua,  applied  himself  to  the  proprietors  for  an 
employment  iu  thai  country  ;  and  had,  upon 
the  account  of  his  loyalty  to  his  majesty,  a 
pn>mise  made  him  ut  being  employed  as  go- 
vernor under  the  propru?t(u-s  by  his  lordship, 
\i!io  was  one  ol'the  chief  propriclors,  to  whom 
UT>outhe  account  of  his  great  judgmeut  snd 
discretion,  the  rest  had  committed  the  whole 
management.  The  captain  having,  obtained 
this  promisf*.  liireil  two  shins  to  convey  him- 
self and  lamily,  and  what  other  iierHms  were  to 
g.)  with  him  thither,  whereof  one  of  them  waa 
arelati(»ii  of  mine.  L|K)n  this,  one  Booth,  a 
person  well  bom,  but  by  his  wicked  and  proisi- 
gate  life,  had  wa.sted  his  patrimony,  lost  all 
his  enijdoyments,  ami  rendered  himself  very 
indigent  and  necessitous,  applied  himself  to  the 
captain,  desiretl  to  go  with  him  to  (^arolina  ; 
and  withal  prefixed  a  time  for  coming  on 
Itoard,  and  engag(.il  to  bring  with  liim  about  six- 
teen servants  or  upwards,  lliis  was  easily 
promisfHl,  but  not  so  easily  performed :  servants 
and  companions  enough  he  might  have  had, 
wh5  had,  like  himsell,  reduced  tlienuwlves  to 
noverty  and  distitss,  and  would  for  that  reason 
have  been  glad  of  such  an  opportunity  of  being 
frecil  from  the  scorn  and  contempt  of  their  ac- 
quaintance, and  thednrad  of  a  gaol :  but  howto 
pay  f(>r  their  tMissage,or  employ  them  when  they 
came  there,  lie  knew  uo  more  than  tlie  man  in 
the  moon.  ^  But  after  a  littks  cmisi<leration,  he 
resolved  of  tlie  followiug  adventure  to  supply 
that  dilHcuHy  :  he  first  forgetl  letters, as dircHt. 
ed  to  hiiu  from  (lersons  of  quality,  desiriiy 


asi]  STATE  TAIALS,  33  Charlb^  II.  168I.— AvcrMfA^  «i«Mi(       {» 


Imt  to  boy  them  tt^erat  nch  gDoda  of  mereera, 
4vapm»  vpholMRttcSy  te.  sm  tlien  be  treaC 
wiln  tfkoee  lellefi  to  wonte  tnulesiiieii«  with 
whom  be  had  for  that  purpoaa  procured  some 
kind  of  anpiaiatanee,  ahews  tfiem  the  letten, 
taUa  than,  i£  Acy  weald  ase  him  wcU,  he  would 
huy  the  iroedi  of  them :  you  ehaR,  says  he, 
U^  yoJ^  moiM7  M  ioaii  L 1  )MV«  ^iainmi 
the  penoaa  thai  I  have  heu|vht  the  goods,  and 
caBieeeive  av  aaawer  from  them  afain.  After 
thia  manner  be  wem  to  Mr.  Halibra  a  mercer 
in  the  Siraad,  with  apielnided  h!tterfromthe 
lady  O^,  BOW  dacheas  of  Somerset ;  where- 
iie  WM 


was  ordered  %»  buy  her  seieral  curi- 
ous flowered  silks,  and  other  rich  roods,  to  the 
value  ofbecweei*  two  and  three  hundred  pounds : 
that  Mr.  Halibrd  nught  give  the  better  credit 
to  the  bttHBeas,  he  procured  the  gentleman's 
brother  to  go  with  him.  And  for  your  brother's 
sake,  (Sir,  nid  he,  I  have  a  Tery  great  kindness 
Ibr  you,  and  would  rather  you  sMuld  take  my 
money  than  any  other  man  :    adding,  that  M 
expected  sliortfy  to  be  steward  to  the  duke  of 
Noifelk,  and  then  he  would  endeavour  to  pro- 
cure him  the  cnatoin  of  that  lamily .     But  sup- 
posing the  shop  to  be  too  public,  and  therefore 
not  sue  enough  to  treat  in,  he  invited  him  to 
the  Kings- Arms  tavern,  and  there  ihsooursed 
tbebusincsB.  I  have  not  all  the  goods  you  men- 
lion,  in  my  shop,  says  Holfonl,  but  in  a  day  or 
two  I  can  get  them  :  pray  do,  says  he.    Vou 
may  be  sure  llultbrtt,  ima^ntiig  he  had  pfottrn 
a  bra%(^  cuKtomer,  a|iiilir(l  himself  ^vith  doiihie 
diligence  to  procure  tue  hfcKHls  apfainst  the  time 
appoiuttil ;  (nit  the  merchant  lie  l>oii}i;^ht  them 
ot'knowini;:  they  uere  iroiHis  he  did  not  usiialiv 
deal  in,  especially  such  ({uuutities,  lie  iLsked  Iiini 
who  they  were  tor  *  \\  hereuiHin  Halford  toM 
hkn  tlie  whole  story.     You   Imd  tH^st  liu\e  a 
care  you  arc  not  cheatetl.  says  ho,  1  do  not  like 
the  business :  ho\Fever,  vou  mav  do  as  vmi  find 
oocasioii.     At  the  time  appointed  lie  came  to 
see  the  goods.  an<I  liked  tlit-m  very  well,  and 
intended  they  should  have  Irvu  the  eheaiHrst 
th«t  ever  hu  bout^ht.     But  Halford  lacing  thus 
cautioned y  told  him  the  goods  came  to  a  tp-eat 
ded  of  money  ;  ttiat  he  wtLS  a  y<Mmg  bci^inner, 
and  could  not  conrenieiitly  trust  him  tor  them  ; 
but  it*  he  would  nay  him  ready  money,   he 
would,  to  ohligB  him',  sell  him  clicaper  than  he 
ahould  buy  at  any  otlier  shop.   Sir,  said  l>ooth. 
I  am  content,  I  \viil  come  and  fetch  the  g^oods, 
pay  you  ready  money  ;  but  never  came 
hiin  *^more.     After  the  same   manner  he 
to  >rr.  John  Ridi^es  an  upholsterer,  who 
in  ft.  Jaroe9^!S  near  St.  James's  house, 
and  hath  a  shop  hkewise  in  Loii*;-Iane  in  the 
City ;  buccameoif  wi.h  tlie  like  success.     My 
doB||Ti  of  brerity  will  nut  permit  me  to  mention 
■J*  biatricks  ot  this  nature,  nor  how  Im?  served 
ttrntnuloe  in  Field -Une. 

CI  *V**'^"?***P?'^*n>«its  rendered  him  una- 
lU  to  polonn  Ins  promise  to  the  captain,  and 
'*^y  *»«wl  hw  thoughts  tirom  Carolina, 

J?"*"^  ".•  ^■'"  ***«fir  to  go  ttiither.  Iieing 
ttoa  nnluw")!  duuppoiated  ot  his  cargo :  and 
thoOytnbcmijr  90  diaap^ointod  by  hiu  and 


othoriofhia  paiacngara,  andhatiiihaA^ 
ships  lie  ao  long  at  his  own  chtfgcalaitf^ 
them,  had  thereby  contracisd  aont  MMii  ^ 
which  ho  waa  an«9ted,  aad  hisdnpaaAl^ 
adzed  on.  When  he  wai  that  ■lasttii  ^ 
sent  to  die  Conpler,  hot  oidddy  dter 
himself  to  tte  Kmg'a-heMh.  Thin 
created  new  thougma  in  Booth 
bnin,  and  put  him  upon  •  ^  _ 
repairing  of  hia  broken  fbrtnacw, 
nuking  himself  amendtfcr  his  has  *' 
ment.  The  earl  ofShafteatoy 
other  dmjf  to  the  Tower  for  high- 
Wilkinson,  who  was  upon  hia  coia 
to  hare  gone  denuty-gu? evnov  of  C 
the  Ring's-bench  for  debt  ;  ami  cai 
to  get  no  advantage  therehy  ?  Yes, 
fate,  andmaugre  all  the  poweia 
and  HeH,  I  will  attempt  it ;  1  wiH 
an  erideaee  myself,  and  will  ao 
matter,  that  I  will  procure  him  to 
hia  porcftyand  loss,  and  tho 
gaol,  will  undoubtedly  disnaos  hi 
ance  with  mv  motion.  But  tbcu'iiJ 
cenar^'  wretelb  reckoned  without  hi^ 
found  himself  wofully  deceired  in 
gination  tfiat  every  man's 
much  vitiated  and  depmved  as 
would  adventore  unon  the  moot  vils- 
minable  practices  whatsoever,  in  ^ 
to  free  tnemselves  from  those  pindS-- 
sities  which  thej'  were  involved  in 
failinL^  in  that  enterpri/e,  learned  t1i 
terenee  betn«*n  heinfif  im|»overi 
want  of  success  in  trade  or  merchan 
the  lH.inj^  undone  by  profuseness 
chery. 
I  *'  Hetoiv  he  ad%-enturetl  to  address  t 
the  captain  alMuit  the  business,  he  se  - 
to  break  the  matter  to  him,  relating 
I  ticular  eircuinstances  the  ca{>tain  wa$ 
'  time  und«T,  ami  instnictinj;;  him  IhwC 

■  tlieuistlvts    towards    him.     Beinuf   • 
,  stincted,  <)f*tob.   ft,    1681,    Bains   vi«= 

■  captain  in  the  Kin]L;^\  l»ench,  where,  a: 
compliments  and  pre|>anitory  disco 
make  »ay  A^r.  imd  dispose  tho  a 
comply  >«iih  wUni  he  had  to  offer, 

.  cee<le<f  to  tell   him,  that  he  must  n 
[  sometiun|y  oftlie  €*arl  of  Shattesbur}'' 
,  a'ji^ainst  the  king",  and  |»ersuadin;;  him^ 
cover  it  to  him  ;  and  pnnnised  if  he  v= 
so,  he  would   procure  him  a  pardon, 
fifreat    iiward.      The  captain  answer*"" 
knew  notliinuf  h\  his  lordship,  but  that 
'  a  very  loyal  |K'rson.  So  soon  as  he  wa?^ 
'  the  captain  acquainte«l  major  James  wir^ 
I  Rains  h.id  offered  ;  and  tl»c  major  pr^ 
.  took  his  |H'n  and  ink,  and  wrote  it  down 
pocket-book.     Two  or  three  days  after, 
'  adventured   to  try  his  om  n  fmiime  ;  art 
he  mi',;ht  prove  more  succt*ssf«l  than  his 
ruuner,  procureil  lea*  e  tor  the  ca|)tain 
out  of  the   prison   to  Booth's  lodgins:  ^^ 
Weaver^s  in  the  Rules,  where  they  entcrt 
,  him  witli  a  noble  and  spited  id  treat ;  an 
sured  him,  if  he  would  be  an  evidence  t{ 


I 


DSj       STATE  TRIALS,  33  ChXAles  II.  iSSl .— file  Earl  of  Sha/teihir^.      [82 


1* 


■  c 
si 


?  I 


^etfV*  ^  flhoiild  have  500/.  per  ann.  settled 

ChiDa  ind  his  heins  u  a  reward  ;  or  if  he 
1,000/.  in  ready  money  better,  he  should 
live  ma  mvch  paid  him  down:  and  findin^^ 
Afai  stilJ  antradahle,  they  persuaded  his  wife 
l^nae  li^riiitereat  with  him,  and  endeavour  to 
pranall  ^tv^ith  him,  and  work  him  to  a  compli- 
Jbee  with  what  they  desired,  teliingf  her,  she 
^  wight  thereby  be  made  for  ever.  But  when 
^'  il  tbiSy  and  many  other  contriranoes  Ikiled 
^*  Ibniy  they  gare  in  an  information  of  lii^h 
^  taMMB  agpaintt  him  to  the  king^  and  council, 
^  iy  vhcise  order  he  was  broug^ht  before  them, 
^  Md  flCnutly  examined  concerning  what  he 
faew  of*  a.  Plot  against  the  kincf,  and  to  have 
9aktd'  OD  his  person  at  Oxford.  The  captain 
PWiiilcd  in  hi9  own  innocency,  and  afiirmcd 
wkae'i^  no  such  thin?  by  the  lord  Shafh»bury, 
vny  ocher.  Then  Booth  swore  hi^h  treason 
■"  *  him,  and  deposed  that  Wilkinson  was 
been  captain  of  a  troop  of  horse  con- 
_  ^oif  flfty  men,  which  were  to  be  em- 
pfcy*  iti  aeizmg  the  king  at  Oxford,  when  the 
pnwmeiit  sat  there :  ai^  to  gain  the  greater 
^'pfrt  to  his  oath,  and  make  the  thing  more 
j^^'^*^*^*  he  afiimied  himself  was  listed  under 
mKk  as  one  of  them ;  although  to  my  know- 
tid  the  knowled^  of  many  more,  the 
""n  at  that  very  time  when  the  parlia- 
C  «t  Oxford,  and  this  was  pretended 
••.■!•  *^<>nSB,  ivas  busily  employed  in  tne  afore- 
■^Wi*  of  p^xyviding  for  his  voyage  to  Ca- 


■  • 


^^ 


"f  < 


5»l 


**  Th*     captain,  npon   this  deposition,  was 
^^ted     back  again  to  the  Kitig's- bench 


0 

I 

ti 


^here  he  acquainted  the  major  with 

P*<i^  passed  at  the  council ;  and  he  writ 

^^^"  iilcewise  as  he  had  done  the  rest : 

™5^  captain  willing  to  expose  the  villany, 

^nretit  the   mischief  of  his  mercenary 

pamhlished   an  account  of  the  whole 

to  the  world,  to  which  I  refer  the  reader 

"la  lordabip  having  continued  intheTower 

-■ai^u.  ^*  ^^  ^^^  *^"^  *^°*'  ®^  November, 
JBBMiT^  ^htaining  a  trial,  his  majesty  then 
Hp^ta  mat  a.  commission  of  Oyer  and  Terini- 
V\^  ^^  faeW  at  the  Old-Bailey  on  the  24th, 


dtitiMi 


naotith,   when  an  indictment  of  high 


tliaCt*  «y-7-»«i.  his  lordship  was  preferred  to 
I'F^V^ttcl^jjjry  summoned  upon  that  occasion, 


«^'-^  ^"  *he  most  substantial  of  any  that 
"Jj"^,  'cnown  for  a  long  time  before.  The 
t^^PM»*Deiny  ^^^  ,mj  ^iip  jury  sworn,  the  wit- 

-^^lev  T^  '**  *•  like  evidence  to  the  Court 
uSX»  *^  formerly  tlone  to  the  council. 
f**^^J^Jy  swore  much  to  the  same  pur- 
^s^  wJl?  Booth  was  One  of  the  chief  evi- 
SP^u^  "^declared  upon  oatfi,  that  the  earl 
^5f  thet*  *^***  be  and  others  had  considered 
lESL^SfciS^^'^  it  was  necessary  for  them  to 
SSUK!!?*  «t  Oxford ;  and  that  he  had  for 


iVisiril    ^  F^^ded  flifky  gentlemen,  and  had 
*J*^      .*^l>tam  Wilkinson  with  the  command 


Il^a  Ihtr  .j^^™^*"  ^  them  ;  that  he  himiself 

^•*^  tfti?^"^  ^  them,  (yet  could  name 

^^  ltd)  ind  that  he  had  thereupoa 


t^in 


bought  himself  a  very  good  stone-horse,  wi 
other  accoutrements  for  the  said  service ;  ai 
that  captain  Wilkinson  promised  to  furnish  L 
man  with  a  horse.  Now,  that  the  world  mi 
the  better  judge  uf  the  truth  or  falseness 
what  tliis  man  swore  in  the  face  of  so  great  i 
assembly,  and  from  thence  argue  tlie  validi 
of  the  other  evidences,  1  haie  transcribed  vc 
batim  an  advertisement,  ^vhioh  was  thereupi 
published  the  next  week  in  Janeway^s  Intcll 
gence.  Number  6b. 

*  \Vhereas  upon  Thursday  last,  an  indie 

*  ment  was  preferred  to  the  Grand-jury  at  tl 

*  Old-Bailey  against  the  right  honourable  tl 
'  earl  of  Hhai^esbury,  and  whereas  Mr.  Boo 

*  was  produced  as  one  of  the  evidences,  wl 

*  swore  in  open  Court,  that  captain  \Vilkins( 

*  was  engaged  with  the  said  earl  against  fa 
'  majesty  and  the  government,  and  that  tl 

*  said  captain  was  to  command  a  troop  of  hor 

*  to  be  mounted  with  tifly  ^>ntlemen,  and  th 

*  the  said  Mr.  Booth  had  listed  himself  as  oi 

*  of  the  troop.     Also  the  said  Mr.  Booth  mat 

*  oath,  that  he  had  bought  himself  a  good  stent 

*  horse,  and  olher  accoutreiueuts  for  the  sa 

*  service,  and  captain  Wilkinson  was  tu  fumu 

*  his  man  with  a  horse. 

'  This  is  therefore  to  give  notice,  that  if  an 
<  one  can  make  it  appear,  that  Mr.  Booi 
'  bought  aiiy  such  horse,  with  his  marks  ai 
*'  colour,  and  who   he  bought  him  of  aboi 

*  Mnrch  last,  or  that  he  had  any  such  hon 
'  within  that  time,  and  what  stable  he  was  kc] 

*  at,  shall  have,  upon  good  proof  made  there 
'  to  the  said  captain  Wilkinson,  five  guine; 
*•  paid  him  for  a  i*eward  of  his  pains. 

'  Also  if  any  person  can  make  appear,  thi 

*  the  said  captmn  Wilkinson  hath  bought  < 

*  had  any  horse,  gelding,  or  mure,  for  the 
'  two  years  last  past,  or  ever  hath  been  upt 
'  the  back  of  any  for  the  same  space  of  tim 

*  saving  one  gelding  which  he  borrowed  to  rii 
*■  to  Wickam,  when  the  merabci-s  of  the  la 

*  parliament   went   to  Oxford  ;   or  that  evt 

*  captain  Wdkinson  hath  been  nearer  Oxfoi 

*  these  20 years,  than  the  said  town  of  Wickan 
*•  upon  pnMif  thereof,  he  shall  have  live  guinei 

*  for  his  rewanl.  *  Henry  Wilkinson.* 

**  It  is  worthy  of  every  man's  consideratioi 
that  this  was  not  dclaye<r  till  the  thing  w'^as  wui 
out  of  mind,  biitpuM^  ::ed  whilst  it  was  yet  h< 
and  fresh  in  every  npan's  memory  ;  and  th; 
therefore  if  any  such  hoi-sehad  lieen  bought  at 
kept  by  Bootli,  either  the  person  who  suidhir 
or  those  who  were  present  at  the  buying  < 
him,  or  the  inn-k€e[>er  where  he  stood,  or  tl 
ostler  that  looked  to  him,  or  some  one  or  oth< 
who  mu^  undoubtedly  have  seen  him  ride,  < 
at  least  the  person  to  whom  he  afterwards  Vdi 
him,  would  ccrtauily,  either  out  of  a  principi 
of  love  and  loyalty  to  his  majesty,  to  delect  tl 
impudence  of 'the  captain  in  pubfishing  this  d( 
claration,  to  vindicate  the  honour  and  reputatii 
of  Booth,  to  despite  tlie  eai'l  and  rendei- nim  tl 
more  guilty,  or  else  out  of  love  and  desire 
the  five  gumcas,  have  appeared  and  given  ev 
dence  thereof    Thft  mme  x&ay  be  aaid  of  tl 

3U 


u'lliorsc;  anJlhercrorciliiiilstbi'^rniil- 
nl  ntilbei- tUc  one  uiir  Ibc  ullu't  Iwii  aii_v 
le  m  kU  :  HTid  if  &o,  linw  unprohablv  a  htoty 
'  u  Uif  cupiaiii  shuiil'l  raiuintuiil  D  tr<Kt|i 
7,  nlien  at  thai  wkinn  time  Ut  iittd  not  it 
1 1'uiv  ou,  nor  iivvcr  luiil  Imui  in  tireoty 
It  Uie  [ilace  where  this  troop  »as  lo  I>k 
[mtaaifej-  And  yrt  upon  tlic  rvidcnoe  of 
I  lunu,  (Mil  others  nf  the  like  leiuiii.-r.  Mnne 
m  wuuld  littvc  Uiul  liut  lunlBhip  found  gniWy, 
uvided  oruD  lessrriiiiellian  his-h-tm- 
f  miluii^  B|rainn  and  vilifying  the  grand 
J  (uT  duinz  otherwiw, 
f*  Afl«riilulTh«.rin(frf"iIUhaHlwwitoe»ses 
id  lu  Miy.tbujury  thonghtthemeielvcBcihligi-d 
^return  imlgTioraiiiiis,  uj^m  the  hill ;  wliiih 
ECiuiolicil  a  ^'ejierat  Joy  Bud  imtisfactiuii,  e« 
Wnlj  appeared  by  the  niaoy  baue-Sre«  wfati-h 
« thitt  uidit  toade  olntosi  in  eterf  stnwl^ 
at  urerw  couolry  towns,  uprini  tusniiglh« 
'1  ihtrcof, 

Tlit^  viul  boing;  thus  cUared  ly  the  craDil 
^,  lunvnlto  be  ilis<^han[ed,  but  cuuid  nut 
^  lin  it  till  ibe  ISlh  of  l^eiiruitry  fblkxnng ; 
gtd  tbuii  UitU  be  and  setctitl  nthfrs  whu  wer« 
MUers  ujion  ilie  account  of  Uua  iinafiinary 
t,  wtri!  released.  And  liaving  thus  g^iot^ 
U  litnaty,  he  arreted  Nevenl  penoos,  whore- 
l flint  uf  Ibcu)  wereeviilcnecsagainst  hiia,tn 
p  Bctinii  of  ooTUJinmcy,  snd  one  Cndock  and 
'  "  ""  n  of  Hcandalum  mag^iHiuin  ; 
a  bruig-  ftay  of  Ibem  lo  a  trial, 
nthe  'ttb  of  May,  bcine  ibe  first  day  of 
Tm,  Cnwloclt,  whusr  IrialtmR  exikei'lfd  to 
Duehl  on  first,  niu«pd  by  bi«  counai'l,  that 
le  triuTrnij^ht  uub  be  in  I>nudoD  or  Middlesex, 

Sin  wime other younty  ;  upon  wbicli  motion 
court  ordered,  Tbttt  on  Friday  fidluwin^ 
du  eurl  should  shew  cause,  tvliy  it  should  not 
ns  tried  in  anollier  coouiy.  Auciirdintfly  bis 
bftlihiji  npimred  in  court  liirnaelf,  naii  de- 
<|aTf  d  It  iri'f  bis  dc^Jre  to  liitvi-  It  tried  by  an 


Idlesej;  jury ;    assuming,  j 


th;it  an  indifT'^mit  jury  mi^l  bg  well  he 
there,  as  in  miv  county  in  Knf^tend. 
the  12tli  Ibe  tiliR  motion  wan  in*dc  in 
btdialf  nf  Urahnin:  wbiTcupun  hi*  lurd 
BndtflK  lie  could  not  hav«  it  trieil  in  Ixw 
and  not  willing  it  should  bv  trial  in 
othrr  county,  i»  iFfBtilim  tuUma  «f  sb 
renre  a|;ainst  ae«rtain  {wpei  aaid  to  br  fi 
inbislwdshiu'ticlvst't.impwrtintf  uiUKici* 
HasprvlcrredinninstCfliuiiirs;  declnred, 
siucu  lio  nnild  not  have  th«  undimble*)  pfit i 
of  a  [Kcr,  lu  lay  ii'n  action  in  My  mi 
in  Bngiiinili  lie  would  rrinit  it  Rl  prn 
luul  wait  till  bi:  bad  a  bcttCT  opperUiail 
rei  im  it 

'■  A&Kf  lliix,  liis  luribhip  coutiniud  u 
linuMi  in  Aldcnoie-aliert  until  the  Nor 
W tuUowtntf,  DiHltlK-n  hL-wentwro  Ml 
land.  'J'be  «as  were  wmewbat  lenpMni 
and  nome  who  went  over  in  ccmpaiiy  wM 
uuiic  iihip,  were  coot  away ;  but  Ibe  pnnidh 
(irUodorilcred  that  (UKBvr  bis  Ute.  miai 
olWu  Uie  loM  of  olliere ;  rik.  an  unskilful  |i 
who  beiiiri!  not  well  ocquBiniedHiih  the  bi' 
and  withal  somewhat  timomiu,  woidd' 
bo  iierauuded  lo  vimUinj  in  till  he  had  »(il 
sm.  As  suuo  OS  bo  furit^,  and  waa  kM 
he  was  visited  by  Mimr  of  tbn  stok*,  and  4 
uf  the  greatest  ijUBltly.  whowdcoroed  bin 
that  couuiry,  and cuii|fr«tulnted  liisha<iB| 
hnppilv  oicapcd  the  dviger  of  ibe  »va». 

'*  Tlie  eari,  nnt  long  alW  his  acriTa).  1 
a  spacious  bouse  in  Alosterdam,  where  fac 
tended  In  reside  ;  he  was  to  pay  for  it  a  yd 
rent  of  150f.  pur  annum  :  but  bcfm 
house  was  furnished  and  lilted  lor  blii 
his  timtal  distemper,  the  gout,  aeized  I 
and  bandied  him  with  ^cat  violence  torB 
days,  aud  then  it  began  to  wear  away,  ani 
'  cerl  was  indifferently  recorcred  ;  bnl  suddl 
and  uuoxpcctedly  returning  again,  and  gtl 
into  bis  stomadi,  be  fell  into  a  dangmnii 
lapse,  wliieh  proved  mortal,  and  temtinsM 
lii«  death." 


Effinarks  on  the  Earl  of  SHAFTtsuuRY's  Grand  Jmy.     By  Sir  Jo. 
Ham'^ks,  Solicitor  Geiicrai  in  the  Reign,  of  William  III. 

TtlB  next  person*  <iue5tloned  was  the  earl  iGe  ]Mper  produced  was  the  paper  ddin 
Of'  SbafU'sbin-y,  ai^ainsl  whom  a  bill  of  high-  j  him  by  Mr.  Bialhnaite,  and  it  was  nul 
.  VeasoD  WW  preferred  to  tbugrandjury,  at  Ibe  I  od.  Then  the  paper  wa«  read,  the  d 
•essioiis -house,  un  the  'J4lli  day  of  huvember '  "fwliicli  was  a  pnjjccl  of  aa  assodalioa  mf 
1681.  The  evidence  was  publiJv  giren  Ja  i')  ii'>  pui'son,  atid  uhnsc  huid-writiagitl 
court,  ami  was  Ibis;  Mr.  Blotliwaite  snore  he  ii'i'i>'  knew.  John  Ilouth  swore,  thai  ha, 
'  Ibufid  iht!  papers  then  produced  in  a  velvet  bag  ''r];.'j;r,.0  to  captain  WQkioaan,  who  pr«M 
•  great  triinli,  wbidi  was  taken   liy  Mr.    lu   liiimacotnmiitiuiHi  from  the  lord  SU 


OWyrnie  in  the  loni  Stutftesljuiy's  house. 
Cwjnce  EU'ura  all  ttie  pM»ers  ia  tin;  velvet 
(a^,  wheu  be  delivered  fliem  to  Mr.  Blath- 
waitii,  were  taken  by  lilm  in  die  tnrd  Shades- 
||<^'b  -  house :    sir    I.«oline    Jenkins    mmee, 


-^.I^^Ste  the  Remarks  at  the  end  of  Fite-b^- 
A^  ud  Collodga'a  Chm,  ante,  pp.  ^9,  TS9. 


__  and  set  era]  otliers  to  go  <br  Carnlioftl 
was  about  that  time  intruTuced  iuU  th«« 
acqu^ulancc  by  tlio  raptain,  whtre  wiat< 
course  tibout  Carolina  Duuuess  ;  ho  nw  . 
or  five  liiiiea  lietween  CbrisUnas  and  lb 
with  tliociu^  anil  the  ojiptain:  tlial  ihc  Of 
tolil  him  be  was  lu  cumntaul  Ai>  ituai  ttik 
cail'a  guBi'd  at  Oxun,  and  trouU  lui*e  kli 


^7]       STATE  TRIALS,  33  Charles  II.  iffS I.— f Af  Earl  of  Shafteshury.       [831 


0  be  one :  That  if  the  kingf  did  not  consent  to 
cferal  acts  of  parliamont  and  oth<*r  thin^, 
hey  were  to  purg^  the  y^uanlft  and  court  of 
ereral  persons ;  ami  thon«;h  the  captain  told 
lim  that  tintt,  i^Yerwanls  he  hoard  tlie  carl  say 
he  fttanie  things,  particularly  abiiut  a  week  or 
en  days  hefore  the  parUanient  sat  at  Ovon,  he 
piTe  some  intimation  of  this'  to  Walter  Bancs, 
kod  then  writ  it  down,  and  sent  it  to  the  c^uin- 
Hl  lealed  in  a  cover.  Turl>cn  ilo  swore,  that 
lie  lord  Shatiesbury  said  aliout  Fchriiar}', 
there  was  but  little'good  to  lie  done  with  the 
king  as  long  as  the  giianU  wire  about  him. 
Sniith  testified  a  great  deal  of  (listroiirsc  between 
him  and  the  lord  Shaftesbury  of  soniethiug  said 
Rlftecting  on  the  kiu;<f ;  anfl'that  ho  should  say, 
that  if  the  king  should  oflerany  violence  to  the 
parliament  at  0.xtord,  he  would  meet  with  a 
kiruug  opposition,  for  that  the  gentlemen  who 
came  out  of  the  country,  came  well  jimvided 
with  horee  and  arms  to'  op)K>se,  and  that  they 
Might  lawfully  do  it,  if  he  offered  any  violence 
li  them  whilst  they  sat;  Hay  lies  swore,  that 
«he  carl  said  if  the  king  did  not  ^ive  Huynes 
Iv  pardon,  he  and  others  would  raise  the  k'ing- 
4Hn  against  him ;  that  Haynes  gave  the  earl 
m  eiract  account  of  transactions  since  king 
CMm  the  First*:«  coniing  to  the  crown,  and 
telfaeearl  said  the  duke  of  liuckingham  had 
4iiBiich  right  to  t*ie  cronii  as  any  SStuart  in 
XaeiuKl.  John  :>lacnaniarra  said,  the  earl 
nid,  the  king  was  Pojiishiy  affected,  and  took 
the  nme  methods  his  lalhtrr  did,  which  brought 
hi  fiuher*8  head  to  the  block,  and  they  would 
hbg  his  thither ;  and  Ibis  was  sai<l  in  tlic  pre- 
■nee  of  Ivey,  and  he  thought  of  his  brotlicr  ; 
ndiud,  the  king  dcKervcnl  to  bo  deposed  aM  much 
Richard  the  Second.  Dennis  Macna- 
likewise  testified  the  last  words,  and 
it  was  the  latter  end  of  March,  or  begin- 
^  ef  April.  Ivey  said,  the  earl  said,  if  the 
bag  denied  Haynes  a  pardon,  they  would  rise 
■psQ  him  and  force  him  to  give  one,  and  that 
Sry  designed  to  de|>ose  him  and  set  up  another 
■  his  stead.  Bernard  Dennis  said,  he  had  a 
^mtdeal  of  discourse  with  the  earl,  who  bid 
him  speak  to  his  friends  in  Ireland  to  \\e  in  a 
rtndiiieaB  to  assist  the  Commonwealth  of  Kng- 
bad,  for  they  intendetl  to  have  England  \vm\vt 
a  Common wealtli,  and  extirpate  the  king  and 
hii  family. 

Ilien  the  court  told  the  jury  the  indictment 
■■i  grounded  on  the  statute  of  king  Charles 
fte  Mecond,  but  they  ought  to  consider  iNith  of 
Iktt  statute,  as  also  tlie  25th  of  KdwanI  3. 

Tlie  question  is,  Whether  the  grand  jury 
l^ght  to  have  found  the  bill  on  this  evidence. 
Int  it  ought  to  be  considered,  what  the  duty 
if'ttgrand  jury  is ;  and  I  think  it  is  not  what 
Ifce.Cnief  Justice  (sir  Francis  I'einlM^rton,)  said, 
H  connder  only  whether  there  be  pnibable 
for  the  king  to  call  the  person  accused 
Mcount,  much  less  do  I  think  that  the 
of  finding  a  hill  by  the  grand  jury  \«as 
honour  of  the  king,  or  decency  of  the 
,  leat  persons  accuiwd  shouhl  be  c*alled 
liM  iico— t  by  the  king  where  there  is  ho 


kind  of  suspicion  of  the  crime  committed  by 
them,  as  the  court  said,  (which  last  matter  wa.s 
never  assi<nied  as  ait^soii  of  finding  a  bill  by 
the  grand  jury  l)efore)  but  I  take  tli.-  reascm  of 
a  grand  jury  to  be  this,  that  no  man  for  a  capi- 
tal mntter  sfiall  ever  bt?  questioned  by  the  king, 
unless  a  grand  jury  take  it  on  their  oaths  that 
they  believe  the  mutter  of  the  accusation  true  ; 
I  put  an  emphasis  on  the  words  questioned  by 
the  king. 

Jt  is  true,  it  Ls  generally  said  that  the  busi- 
ness of  a  grand  jury,  in  capital  inatterj,  is  in 
favorcm  vitiF;  but  that  taken  simply  i;  not 
true,  for  then  what  reason  can  be  assiii;Ti«l 
why  a  man  shall  be  arniigiuMl  on  an  appeal  of 
murder,  mlibery,  or  the  like,  which  touches 
his  tife,  as  much  as  an  inil:c:tmcnt  of  those 
crimes,  without  having  the  matter  of  the 
appeal  first  found  to  be  tnic  by  a  gi-and  jury  ? 
But  the  true  reason  of  a  gran  J  jur}*  is  the  vast 
inequality  of  the  plaintiff  and  defendant,  which 
in  an  indictmeut  is  always  hetweefi  the  kin^ 
and  his  suiijefts  ;  and  that  doth  not  hold  in  aiii 
appeal,  m  luch  is  always  between  subject'  and 
subject:  and  therefore  the  law  in  an  in- 
dictment hath  given  a  privilege  to  the  de- 
fendant, which  it  hath  done  in  no  other  prose- 
cution, on  purpose,  if  it  were  possible,  to  mako 
them  ec[ual  in  the  prosfHrutions  and  defence, 
that  equal  justice  may  be  done  bt^wiicn  lK>tli. 
It  considers  the  judges,*  witnesses,  andjur}'  arc 
more  likely  to  be  influenced  by  the  king  than 
the  defendant;  the  judges  as  having  been 
made  by  him,  and  as  it  is  in  his  |Kiwer  to  turd 
them  out,  punish,  or  prefer,  or  reward  them 
higher ;  a!id  though  tliere  are  no  just  causes 
for  them  to  strain  the  law,  yet  there  are  such 
causes,  which  in  all  ages  nave  taken  place, 
and  probably  always  will.  This  was  the  reason 
of  running  prerogsitive  so  high  in  the  judgment 
of  high-treascm  More  the  stat.  of  Ed.  3,  that 
no  man,  as  that  statute  says,  knew  what  ivas 
not  high-treason :  This  was  the  reason  of  ex- 
pounding that  statute  oftentimes  between  the 
making  of  it,  and  the  making  of  the  statute  of 
quc«»n  Mary,  that  people  were  at  as  great  m 
loss,  till  the  last  statute,  ha  they  were  before 
the  making  of  the  first ;  and  even  since  the 
statute  of  qiMHsn  Mary,  the  exposition  on  the 
statute  of  Kd.  3,  has  been  so  extravagant  and 
various,  that  people  are  at  this  day  as  iuueh  at 
a  loss  to  know  what  is  not  higli-treason,  as 
they  >vcre  before  the  statutr*  of  Ed.  .*).  Nor 
was  it,  nor  is  it,  jMi?sible,  but  that  the  cfn*at 
power  of  iiiriching,  honouring,  rorarding, 
anil  punishin«:'  lodgiil  in  the  king,  always  hail, 
and  yet  must  have  an  inthii'iice  on  the  witnesses 
andjrtrv;  and  therefore  it  is  that  the  law  has 
ordenff,  that  at  the  king*s  prosceul^ioii,  no  man 
shall  lie  criminally  qu(*stioned,  unless  a  grand 
jury,  un<ui  their'  own  knowledge,  t»r  \i[Mn 
the  cvidentre  given  them,  shall  ijivc  a  ver- 
dict, that  they  really  believe  the  ai-eusation 
Lstrue. 

1  own,  of  late  days,  they  ha*e  said  the  duty 
<if  the  mnd  jury  is  to  fimf,  whether  the  accu- 
sation be  probable  or  no.     But  that  saying  'm- 


SS9]        STAT£  TRIALS^-  33  Charles 

wimnted  by  no  positive  law,  or  ancient  antho- 
tky ;  and  therefore  the  duty  of  the  grand  juiy 
mnat  be  founded  in  the  oath  administered  to 
them,  which  is  as  strict  as  the  oath  adminis- 
tered to  the  petit  jury :  and  to  say  the  truth, 
tlw  verdict  of  the  potit  Jury  takes  credit  from 
.the  verdict  of  the  erand  jury  ;  which  is  not  only 
the  reason  of  the  itaiference  in  the  names  of  the 
two  juries,  hut  is  likewise  tlie  reason  why  a^ 
attaint  for  a  false  verdict  doth  not  lie  against  a 
prtitjuiy. 
The  oath  ofthe  grand  jury,  is,  '  To  present 

*  the  truth,  the  wMc  truth,  and  nothing  hut 
'the  truth:'  The  oalh  of  Uie  petit  jury  is, 

*  well  and  truly  to  tr^,  and  true  deliverance 
'  make,  betneen  tlie  king  and  the  prisoner  at 
'  the  bar,  &c.'  which  signifies  the  same  thing 
ai  to  present  the  truth,  ^&c.  It  is  true,  some 
reasons  have  been  ottered,  which,  if  consider- 
ed, are  words  without  sense ;  as  tliat  the  pre- 
Mptmeut  ofthe  grand  jury  is  but  in  order  to 
king  the  ppsoncr  to  his  trial,  and  he  not  be- 
fore the  grand  jury  to  make  his  defence  him- 
self: but  tliat  can  oe  no  reason  why  probabili- 
ties should  satisfy  the  jury,  because  it  doth  not 
answer  the  design  of  the  law,  which  will  have 
a  man  convicted  by  the  positive  oatlis  of  two 
juries,  consisting  of  more  than  twenty  fom*,  in 
all  indictments. 

Next,  why  is  a  grand  jury  composed  of 
more  substantial  and  understanding  men  than 
a  petit  jur}',  if  their  business  be  nierefurniality, 
or  a  matter  of  Iosn  weiglit  than  the  business  of 
a  petit  jury  ?  In  tlir  last  f»lnrt»,  why  ]vsh  evi- 
dence IS  ic(piin-(I  to  c(»M\i(>t  a  man'  in  his  al»- 
uencr,  than  is  iv«jnirtMl  to  coiivirt  lnniit'|)re- 
Sent?  It  Ls  far  troni  ati  arjiiiiiMMit,  that  less 
evidence  is  mjiiirrd  to  convu  i  «u.f  il'  aUsont, 
than  il'piesfnt,  that  it  scnus  to  iiic  that  in(»n: 
evidence  should  t>c  r(>(|inre(l  to  do  il.  Men 
may,  and  olteii  do  make  very  lair  stories  in  the 
absence  of  a  person  aeeii*»ed,  that  i^h(n  present, 
lie  easily  ansuers  ;  aiid  then*  bein<;  no  positive 
law  for  the  direetion  <»i'  a  j^jrand  jury  in  that 
matter,  a  tfrand  juryman  is  e\eusal>Ie,  nay, 
it  is  his  duty  to  pi  *•  a  \  rrdict  accordint;'  to  tlie 
phiin  understanding,^  of  the  words  of  his  oath, 
whieh  is  to  pn»sent  tlie  truth,  as  far  as  \\v  is  eon- 
vinccdot'it;  and  th:it  truth  must  Ur  fiunid  ac- 
conling  Ut  his  know  ledi^e,  or  as  it  is  repn'sente<l 
to  him  l»y  wi'.nesM's. 

And  as  for  the  viitnesses,  tliey  nuist  be  per- 
sons of  <Tf'd  it  ;  and  idl  persons  are  supposed  to 
he  so,  nnh*ss  tin*  «|i':,;ii|jit|-\  \n\o\s  the  I'ontrary, 
or  liave  litH-n  so  ru'diYd^  informed.  It  is  true, 
aurandjur\  ought  not  to  U-lie^t  ('otf<*e-house 
htories,  or  fi'^lit  storii-s  ;  liut  eommon  fame  liy 
creflil)i(>  |K.rNoiis,  iiliirh  is  I'ov  Vo^nili^  «nii»llt 
to  prc|ii(lK(>  tlicm  a<r.iinst  a  \%itne.NS,  so  as  to 
dishcdiov  hin> :  and  it  is  no  ans\u'r  to  say,  as 
the  riiirf  .fustici'  in  iliis  casi"  Miiil,  that  the 
cn>tliiiility  i»t  ilu'  viiturss  is  \m\\  to  In'  eonsiden-d 
by  the  ifraiiil  |ur\.  because  the  kin;f  is  not 
pres«^n«  to  di-ftiid  t  lit- on-lit  of  liis  uitne.sscs  ; 
thoUixh  tlie  laet  in  tliai  f;isi.  was  not  true,  for 
the  kill's  atti»rn«'^> ,  solii-iiiir  and  counsel  were 
present,  and  I  tliiiik  tlic  king  is  no  otlierw  iso 


present  at  any  eriminal  procecolioB ;  n4  ttl 
Jury  knew  by  Colkdge'a  trial,  and  bv  Wfl. 
lunson's  dcpoaitioni  before  die  kiagi  lost  th 
evidence  of  all  the  witnjeflKf  prpdnoad,  enefj 
what  were  to  the  paper,  was  ■ncariiHwd,  m 
even  tliat  was  afterwards  oyittsd  by  tbe  cowl 
when  it  would  not  be  awafiowed  Inr  Ac  gpfd 
jury :  for  ailemaVds  the  oouit  tola  than,  IhK 
if  they  of  thai*  own  knowkdgje  Juieyr  any  tbnii 
against  the  witnesses,  they  mi^it  osn^pdar  «| 
it,  but  not  of  what  they  were  endibly  infoind 
by  others.  And,  besides  the  credibiUty  ef  th 
witnesses,  the  possibility  «r  probability  of  M 
thing  sworn  is  to  be  considered  by  the  gnd 
jury;  an  impossible  thing  tliey  ooglit  wIM 
beheie,  though  sworn  to  by  now^er  wo  mm^ 
credible  witnesM»,  and  a  very  improbable  tbi^i 
they  cannot  positively  on  th«r  oaths  fwev  tbtf 
behere; 

And  not  only  the  foot,  but  wbal  tb«  oai 
ofthe  fact  alMged  in  the  BUI  of  IndirtmfH, 
the  grand  jury,  as  for  as  they  are  cspsWi  i( 
judging  matter  of  law,  ought  to  ooosjicr;  n 
they  were  told  in  the  chaige  given  thca.  Il 
is  true,  if  they  were  ignorant  in  4>e  kivr,|d 
thecourtin  their directiaDS misled tbapif  |»i 
the  court  should  tell  them  scaling  a  b«pti| 
high-treason,  and  the  grand  joiy  find  \^^ 
cordingly,  it  is  excusable  in  fkm  ppadj^l; 
though  punishable  in  t)ie  jcourt.  But  wM 
directions  by  the  court,  in  fiaffing  a  if 
where  there  is  no  e\*idence,  do  not  cxoyt  V 

Now,  to  examine  the  matter  in  band  by  Am 
rules,  could  any  person  who  knew  nivM 
Shanesbury,  or  that  had  heard  of,  or  bdieral 
his  character  to  l)e  what  it  w  as,  believe  that  it  ail 
possible  for  him  to  discourse  with  the  witoeMi 
at  the  rate  they  swore,  to  some  of  tliem  at  thi 
first,  to  others  of  them  the  second  time  heav 
them  ;  to  discoui'sc  of  niatten  of  policy  ailk 
i#ooth  at  one  time,  and  ailerwards  vidl 
lla^nes,  ^nd  afterwanls  with  Macoainina» 
fellows  of  so  little  sense,  that  he  would  kavt 
l>e<'n  ashami>d  to  have  entertaine<l  them  io the 
meanest  otfiee  about  liiin  \  and  yet,  astbcj 
pn'tendnl,  he  makes  them  his  privailoes  iatM 
scN-ret,  of  not  so  much  what  he  wouki  havf 
had  them,  hut  of  what  ho  intended  hiattdl 
to  do  i' 

^Mio  could  iM'lieve  any  thing  Tiirheniki 
Smith,  or  Haines  slioidd  say,  where  there  wn 
so  much  of  ilieir  falshood,  and  of  their  dcsigsi 
to  swear  falsly,  pro\ed  against  tiieui  in  Col- 
ledye's  trial  ;  Or  «)f  Ivev,  and  the  thit**!  MtC- 
naniarnrs  after  that  trial,  who  though  tbfT 
were  not  pnHluee<l  at  it,  hecau!^e  the  kin^ft 
counsel  by  Ctdledfre's  not(»s  saw  he  wa:»  abhf  t» 
falsity  th'in,  yet  some  witne^s(*s  in  that  tiid 
pnncil  iluir  dtfsitrn  of  swearintf  f:ib>lv  i 

W  bo  «>ould  belie\e  Booth's  stwry*  %}(  \\s\0!% 
so  many  men  under  Wilkinson,  to*  Ik-  at  roT 
bnd  Siiafiesburv  'n  diH|M)se  at  Oxon,  allrr  C«- 
b  d<re*s  trial,  a. id  after  what  Wilkiuson  hail  t»- 
titied  to  the  kinL>  and  eoun<ril,  though  nut  tbcS 
proved  to  the  ^^rund-jury  ? 

A  judge  indeed  caiinot  take  notkc  of  aPJ 


I      STATE  TRIALS,  33  Ch aklbs  D.  l68 1  ^tke  Earl  of  Sksftesbmry.     [8i2 


^  not  proif  ed  (tbaugfa  he  mmy  and  ofig[ht  to 
iriiiiMi,  if  he  knew  any  thine  niatehal  of 
natfter  tried  befere  him  and  others) ;  but  a 
d-jiiry  may  take  notice  of  any  Uiit^  tliev 
r  or  believe-  The  passa^  at  CoUiedge't 
were  pretty  notorious,  toeing  authentiotiUy 
■lied  by  Fra.  North,  and  the  examination 
i^ilkinaoa  by  aa  authentic  a  paper. 
waa  imacooiuitable,  that  the  witnesses  con- 
id  what  they  heard  the  earl  speak  so  long, 
hicfa  none  of  them  pretended  to  give  any 
HI ;  nor  was  it  any  excuae  to  tlwae  who 
id  a  petition  to  tne  ctty>  in  which  they 
ivted  they  were  tempted  to  swear  against 
consciences,  to  say  they  knew  not  what 
in  the  petitkm :  He  tliat  sets  his  hand  to  a 
f  as  if  ne  assented  to  it,  but  doth  not,  is  a 
of  falshood.  Huppose  one  sets  his  hand 
M>nd,  said  to  be  sealed  and  delivered,  not  hav- 
seen  it  sealed  and  deliverod,  is  not  he  guilty 
ttle  less  than  forgery  ?  But  admitting  those 
BHCS  hail  sworn  truth,  yet  the  jury  ought 
>  have  found  the  bill ;  for  they  ought  to 
the  bill  true  according  to  all  the  material 
Bnstanoes  of  ic,  as  well  as  the  substance  of 
hich  was  High- treason.  One  material  cir- 
rtance  of  it  was,  that  it  was  said  to  be 
I- treason  within  the  statute  of  Charles  2. 
that  Hiade  another  circumstance  of  the 
tment  material^  which  was  the  time  when 
treason  was  committed  ;  because  by  that 
le  the  prosecutions  of  treason  on  that  sta- 
ougfat  to  be  within  six  months  alter  it  is 
niuedy  and  the  indictment  ought  to  be 
in  three  months  after  the  prosecution  ;  and 
Migin^risoned  in  July,  and  the  bill  siig- 
flgthat  the  supposed  treason  was  committed 
18th  of  Marco  betbrc,  and  divers  otiier 
I,  both  betbre  and  after,  which  might  be 
pveted  to  have  been  after  the  prisoner's 
nitment ;  had  the  jury  Ibuiid  tlie  bill  as 
they  had  tound  the  treason  to  have  been 
mitled,  not  only  within  the  time  the  prose- 
n  by  that  statute  ought  to  lie,  but  also  with- 
e  time  the  indictment  ought  to  liave  been 
!md ;  whereas  in  tnith  the  earl  hail  been 
inned  above  three  months  before  the  in- 
neat  preferred,  and  there  was  no  evidence 
ay  treason  committed  by  liim  after  his  im- 
■imeiit,  and  therefore  tlie  finding  the  bill 
id  had  been  injurious,  to  bring  a  man  in 
tioD  for  his  bfe  on  that  statutt*,  whereas  by 
be  ought  notto  have  been, 
•r  it  was  resolved  in  (.'ollcdge's  case,  that 
pnaecution  tor  treas<fn  on  that  statute 
fetto  be  within  six  months,  and  tlie  indict- 
i  mtlua  three  months,  though  the  court 


was  of  another  opinion  in  the  lord  Rassel*! 
trial. 

Andthat  this  indictment  was  on  that  statqte, 
was  expressly  said  to  the  grand  jury,  and  upon 
good  reason  ;  for  the  court  in  their  charge 
said,  that  the  intention  of  levying  war,  or  £- 
signing  to  imprison  the  king,  was  not  treason> 
tiU  the  statute  of  C^harlea  &e  Second ;  though 
in  the  lord  Kussel's  trial  it  was  held  to  be  trea- 
son by  the  statute  of  £dw.  S,  and  therefore  the 
time  of  the  treason  committed  was  material  to 
be, found  by  the  jury. 

As  for  tne  writing  found  in  the  eaiTs  study, 
it  was  no  manner  of  evidence  of  treason,  ad- 
mitting what  the  witnesses  swore  as  to  the  find- 
ing it  to  be  true ;  because  it  was  not  proved 
that  it  was  prosecuted  or  composed  by  tne  eiurl 
of  Shaftesbury,  or  bv  his  order,  and  tliat  piece 
of'c%'idence  was  in  that  particular  a  mere  ori- 
ginal. 

In  Fitzharris's  case,  it  was  proved  the  libel 
was  composed  by  his  direction  ;  Colonel  Sid- 
ney's bo(»k  was  ui*oved  to  be  like  his  hand ;  it 
was  pretended  tliat  Colledge  said  he  was  the 
aiithor  of  the  llaree-iShew,  and  no  example  of 
this  o'idence  was  ever 'made  use  of  betbre. 

Neither  was  it  c\idence  of  treason  as  to  the 
matter,  fur  there  was  not  one  word  agHinst  tlys 
present  king,  but  his  successor,  if  he  should  be 
such  a  person. 

It  is  true,  one  of  the  king's  counsel  said  that 
one  passage  in  it  was  tliat  tliey  would  join  to  de- 
stniy  tbe  mercenary  forces  about  London,  and 
tjience  inteiTed  il  was  downright  levying  war 
against  theking  and  his  guanis ;  whereas tSiere  is 
not  any  such  word  or  thing  ui  the  paper  as  he 
pretended  to  cite :  and  if  it  had  been  in  the  jia- 
per,  it  wouid  liavo  been  but  evidence  of  a  treason 
within  the  statute  of  the  late  king.  And  then 
the  time  of  writing  it  ought  to  have  ap|>eared  ; 
and  if  that  hod  been  cleared,  yet  ibr  the  above 
reasons  it  was  no  evidence :  and  the  grand-jury; 
tliough  some  of  them  afterwards  smarted  tor 
it  upon  other  pretences,  didiiko  honest  under- 
standing gentlemen  ;  and  had  they  floue  other- 
Mfiaey  to  avoid  the  ignominy  of  being  calledi 
though  in  tnuh  it  was  an  honour  to  be,  ^n 
Ignoramus  jury,  they  had  justly  deserved  the 
reproac*h  wliich  since  have  lighted  on  other 
juries,  such  as  Air.  Comiiili's,  aud  the  like. 
And  hav  iug  spoken  of  this  Ignoramus  jury,  for 
which,  two  of  tliem,  if  n<»t  more,  were  after* 
words  ujMiii  othe:  pretences  severely  handled ; 
I  think  fit  to  say  something  of  the  sutferingf 
of  one,  for  being  in  a  jnreceding  Ignoramua 
jury,  because  it  was  ai^iere  novelty  $  and  that 
was  Mr.  \Vihn«r. 


STATE  TRIALS.  33  Chaeles  U.  16s1^7>>«/  o/lhc  Earli^  Ar^U, 

«84;  The  Trial  of  the  Earl  of  Ahctle,*  in  Scotland,  for  Ti^ 
33  Charles  II.  a.d.  i6"SI. 


(The  Account  of  this  Trial  puWished  in  former 
K^rioiia  apjieors  tii  huvc  been  enracu.il 
th>m  "  The  CASE  of  tlie  EaA  of  ,VR- 
"GVLE:  uf,  ui  emctauUrull  AccouDluf 
"  his  Trid,  Kscaiie,  sod  ttentetin.  As 
•<  lil^wige  k  Ketation  of  «cvvrai  MalttiTB  of 
"  Fnct,fiirbetterdeariii|fofUiesaiilCase:"l 
cotUaiatid  '\a  a  volume,  ealitlud,  "" 
Traca,  being  a  further  Cutle<:ljon, 
rrooi  the  year  liUM  to  Ifim"  (•ubiistinl 
in  LonditQ  in  Vi'M  \  which  Cose  I 
jucture  wa»  wrilieu  by  sir  J«nii.'»  Stewart 
(8e«4  Lainff's  Ijiulorvof  Kt-oiJanil,  Itu, 
tdilioQ  of  1804).  The  latrvdoclioD  to  this 
"  Case"  is  m  loHowa : 

"  Sir  ;  £itKBlil<Gll,  May  SO,  1089. 

\  *»•  The  Case  of  the  late  earl  nf  \r^\e,  which, 

■"  n  before  the  process  led  aguinat  tiim, 


*  He  wag  the  mn  of  Arrhibald  tnarqinis  of 
Ai^le.who  at  Sione,  in  flipyenr  16iO,  placed 
the  crami  upon  the  head  of  Charles  liie  9nd, 
and  nbo,  as  Lain^  cvpressn  it,  had  reason 
■tlcrwBn]&  to  complain  that  his  nwa  Via^  mix 
the  ungenerous  ftufeit.  [ijee  the  proceedings 
aownsl  b'tm,  *.  d.  I6S1,  vol.  S.  p.  I36{1.  of 
tnWCcAection ;  in  the  Note  to  which,  p.  137'-', 
tefrrence  U  by  an  eiror  of  the  press  maile  lu 
J.  347  msleud  of  p.  Vil,  of  the  Srd  voiume  of 
Xaing-'s  History  of  Scotland.] 


WBseampst  to  know,  v 
sii  plain,  that  I  necilet 
wards   so   escwdmjly  mjsli 
could  not,  (<>r  some  time,  ^*eyo) 
ail  accuUnt  nf  it,a$  I  nbtied  ;*bitt^ 
being'  still  no  less  jiroper,  the  exacin 
namilifc  will,  I  iiinc,  rti:iBe  all  d( 

and  the  grmuids  faunried  on  in  d^ 
to  «kii>fy  alt  unbinsse't  persomi  oTl 
grily,  tiierp  needs  do  more,  btil  haA 
preji-nt  temtxm  of  fact ;  I  dun 
shuiuv  lo  Kjiend  bo  many  wonK  olH 
guinents,  or  rdaiion,  w«e  It  tnUL' 
Etrangers  some  mystery  might  njn 
pcdeil  to  remain  concevted  ;  wid  ■ 
lo  maki>  plain  what  they  can  ftanlFrl 
thi>iia;h  we  clearly  see  it.  ■ 

At  his  royal  h>ffht>ess''sarri 
ear)  wasone  oftUetirst  t 


'ait  ii[A 


i 


for  the  serrice  that  was  especled  Irom  4 
parts  of  the  tc«.  There  was  r.  hot  ddT 
'ic  imiioaiii^  it  on  all  that  might  * 
lected  membcra  ol  poritamcnl ; 
isl  was  the  moat  o^tenliBl  of  all  <he  Jilt 
of  tli«  Eiilgects,  tiiercfore  tfaty  Wt^t  ti 
limited  in  iL  The  Indiops  were  cn| 
this,  which  they  tbooghl  woiild  sect^ 

r jj^jji  ^  Presbyterian  narhame 

icd  in  the  rote :  And  thai  maA 
of  the  court  more  zealcras  than  e*er  1 
itigh  the  act.  Some  projioai 
"  !%«  main  business  ol  this  parliament  was  there  .should  betwo  tests:  Oncforpufni 
the  act  coneerniiii;  the  new  test  that  was  pro-  j  hi^j-ber  incapacittca  :  And  another  ftr  [ 
|lesed.  It  had  been  promised  io  the  be^nuing  '  lenans  nilh  milder  censures.  Btitthal  I 
'  «rtheEesMon,  that  33  soon  as  an  act  for  main  Ijecicd  with  much  scorn,  some  makio 
tjunitig'  the  succession  should  pojn  tbi>T  should  court  by  saying',  thev  were  morf  in 
fiave  all  the  security  thai  Ihey  could  desire  for  from  Iliepres^teriansUian  from  the  p 
III*  Protestant  rt^on.  Ho,  many  zealous uun  And  it  was  reported  that  Paterson  thtw 
began  to  call  fur  some  miiTV  elTet'ttial  securiti-  of  Edinbnrgii,  aaid  to  the  Duke,  t 
fer  th^r  relij^on :  upon  which  a  test  ivas  pro-lriioii!^  the  two  r<')i<^iii<,  popish  an 
yiMd  lor  all  that  ahouM  hn  capable  nf  any  I  testaiit,  were  so  equally  slated  in  hrs  mn 
«IBoe  in  church  or  stale.er  of  electiiie'orbeing:|Bfew|^iiisot' loyahy  in  which  die  | 
vieclcd  members  of  parliament,  thai  they  I  tants  had  the  better  tit' the  p!']ii.<:ts  tun 
should  adhere  lirmly  to  the  I'rotestant  retr- '  balance  iviih  him.  Another  muu  in  I 
yton;  to  which  the  court  party  added,  ihe'was  lialile  to  great  ohjeeiioaa  ;  all  the 
condemning  of  all  resistance  in  any  sort,  or  family  were  e.vcE^>tfd  out  of  it.  I..oid. 
under  anv  pretence,  the r^nnnncinK  'he  Core-  s;>oke zealously  a^-ainst this:  He  saidji] 
nant,  and  an  obligatiou  to  defend  nil  the  kind's  danger  we  could  apprehend  as  to  pups 
lights  and  prerogatires,  and  that  thej-  should  if  any  nf  the  royal  talnily  sboulil  ItappC 
aerer  meet  lo  treat  of  any  matter  ciril  or  ec-  perverted  :  Thesrlbre  he  Ihou^i  it  w» 
desiastical  bai  by  the  kin^s  permisaon,  artd  tohareDo  act  at  all  than  sucfa  a  data 
never  endeaioiir  aiiT  alteration  in  the  govern- '  Some  few  lecoiidrd  liini :  But  it  waa  • 


ir  nxing  tt 


iltet.«.i,.^.       iiic   test  WHS   liius   imMidl  at  lirsi   >uu,u«ni  smuuiu  u      _    ._ ^ 

to  make  llie  other  aide  grow  weary  of  the  mo-  so  general  a  term,  as  the  prolestant  n 
tion  and  let  it  fall,  which  they  would  willingly  I  Dalrvmple  pro|M>sed  the  cuofcssioa  irf 
IiaTedooe.  Bnt  the  duke  was  made  toappre-.aftvcdnnintbevEar  1559,  uideDactcdM 
fccnd,  ihatbewouU  find  aucfa  a  test  aa  this  wUchwastbc only coafessionoftitikV 
pra*eiiiiicfc  for  tusaervice:  so  it  seems,  that  thcntheaatictionof  alaw.  Thatw^kl 
Htida  of  thePtvtertantrefigiwwaafci^iiTetilwanioator  UK,  that  wetrM  anj  ai? 


STATE  TUIALS»  33  Charles  II.  i6si.—for  High  Tna%oiu  [%iS 


til  tlie  meeting:  of  bur  last  parliament, 
rid  Ix'lievcd,  the  earl  was  as  much  in 
hness^s  favour,  an  anv  intrusted  in  his 
v's  affairs  in  this  kin^Iom. 
it  \«ajd  resolved,  and  liis  majesty  moved 
the  |>arlinin(rit,  the  earl  was  in  the 
y,  and  at  the  o|)enini2:  of  it,  he  ap- 
as  I'or^vard  as  any  in  his  majesty's, 

rlianient  had  ever  read  it :  None  of  the 
had,    as  appeared  aHer^vards.     For 

30  years  the  only  confession  of  faith 
reail  in  fc»cotland«  was  that  which  the 

of  divines  at  Westminster,  a.  d.  1648, 
lit,  which  the  Scottish  Kirk  had  set  up 
f  the  old  one :  And  the  bishops  had 
>03se8si<»n,  thou&^h  tike  authonty  that 
;  is  annulled.  8o  here  a  book  was  made 
;r  of  an  oath,  (for  they  were  to  swear 

wouhl  adhere  to  the  protcstant  re- 
lit was  declared  in  the  confession  of 
:  was  enacted  in  the  year  1567,)  that 
1  a  large  system  of  religion,  tliat  was 
acli  as  known  to  those  that  enacted  it : 
bi»lio|)8  went  aU  into  it.  Dairy m pie, 
read  it,  thought  there  were  proposi- 
it,  which  being  considered  better  of 
ake  the  test  be  let  fall :  For  in  it  the 
g  of  tyranny  is  reckoned  a  duty  in- 

on  gtKxl  subjects.  And  tiie  confes- 
%  made  after  the  Scots  had  deposed 
1  regent,  aiul  it  being  ratified  in  par- 
at^er    they    had  forced   their    cpieen 

retiign,  it  was  very  plain  what  they 
de  and  enacted  this  confession  meant 
pressing  of  ty  ranny .  But  the  duke  and 
'  set  it  on  so  earnestly,  that  upon  one 
xite  the  act  passed,  though  only  by  a 

of  sevcai  voices.  There  was  some 
ice  of  security  to  the  jirotestant  reli- 
thLs  test :  But  the  prentgative  of  the 

ecclesiastical  mat  lei's  had  been  niintd 
by  duke   liaudenlale's  act,  that  the 

ull  people  to  maintain  that  with  ine 
le  prei'Ogati\  e,  might  have  made  way 

thing.  All  ecclesiastical  courts  sub- 
w  by  this  test  only  u|H)n  the  king's 
)D,  and  at  his  discretion. 

parliament  of  Scuthmd  was  dissolved 
T  this  a<*t  pciss(Hl :  And  Hyde  w».«i  scmt 
mtlickjng  to  the  duke  immediately 


(( 


and  hbi  highness's  service,  but  it  had  not  sat 
many  days  when  a  change  was  notice<l  in 
his  highness,  and  the  earl  observed  to  decline 
in  his  highncjis's  favour. 
In  the  beginning  of  the  parliament,  the  earl 
was  appointed  one  of  the  Lords  cf  the  Arti- 
cles, to  prepare  matters  ior  the  parliament, 
and  named  by  his  highness  to  be  one  of 


at  least  doubtful ;  though  it  was  found  to  be 
much  more  moderate  in  many  points,  than 
could  have  been  well  exficctedconsidering  i\\% 
heat  of  that  time.  There  was  a  limitation  put 
on  the  duty  of  subjects  in  the  article,  by  which 
they  were  requii*ed  not  to  rcMst  any  whom  God 
had 'placed  in  authority  in  these  words,  'while 
'  tliey  pass  not  the  boimds  of  their  oftice :'  And  in 
another  they  condemn  those  who  resist  the 
supreme  power  doing  that  thing  which  ap- 
pertaineth  to  his  diarge.  These  were  propo- 
sitions now  of  a  very  ill  sound  :  They  were 
also  highly  offended  at  the  great  extent  of  the 
prerogative  in  the  point  of  supremacy,  by 
which  the  king  turned  bishops  out  at  pleasure 
by  a  letter.  It  was  hard  enough  to  bear  tliis  : 
But  it  seemed  intolerable  to  oblige  men  by 
oath  to  maintain  it.  The  king  might  by  a 
proclamation  put  down  even  episcopacy  itself, 
as  the  law  then  stood  :  And  by  tliis  oath  they 
would  be  bound  to  maintain  tluit.  AH  meet- 
ing in  synods,  or  for  ordinations,  were  here- 
afcerto  be  held  only  by  permission  :  Sotliat 
all  the  visible  ways  of  preserving  religion  de« 
pcnded  now  wholly  on  the  king's  good  plea- 
sure ;  And  they  saw  that  this  would  be  a  very 
feeble  tenure  under  a  |>onish  king.  The  beinff 
tied  to  all  this  by  oatii  seemed  very  liard. 
'  And  when  a  chnrcii  was  yet  in  so  imiierfect  a 
state  without  liturgy  or  discipline,  it  was  a 
strange  imposition  to  make  people  swear  nc\'er 
to  endeavour  any  alteration  either  in  church  or 
stale.  S<m)e  or  aP  of  these  exceptions  did  run  so 
generally  through  the  whole  body  of  the 
clergA%  that  they  were  all  shaking  in  tlieir  re- 
solutions. To  iirevent  this,  an  explanation  was 
diawn  by  bishop  Patersrm,  and  passed  in 
council.  It  was  by  it  declareil,  that  it  was  not 
meant  that  those  who  took  the  test  should  be 


liountt  to  ivcry  article  in  the  confession  of  faith, 
but  onjy  in  so  far  as  it  contained  the  doctrine 
upon  w  .'.Ich  the  protestant  churches  had  settled 
It  was  given  oui,  that  he  wassiMit  by  ■  liien'formation :  And  that  the  tost  did  not  cut 
\  to  pnss  the  duke  u|H>n  this  victory  •  off  those  rights,  which  were  ac^know ledged  to 
tliat  what  ill  usage  could  not  cxtoit  '■  have  l>eenin  the  primiiivc  church  for  300  yean 
1  he  would  now  du  of  his  oun  acrurd,  |  after  Christ :  And  an  assurance  was  givett,  thai 
m  to  the  church  of  England.  I  was  ;  the  kinj;  hitended  never  lo<;haiige  tlie  gOTem- 
that  my  lord  Halifax  had  iircvuiled  ;  meiit  of  the  church.  By  this  it  was  pretender! 
king  to  write  to  him  to  that  purpesi^ :  that  ihc  greatest  diliiciilues  were  now  removed 
sr  was  writ,  but  was  not  siiit :  Bm(  lord  hut  to  iiiis  it  whs  answiTeil,  that  thev  were  U 
id  it  in  charge  to  inunugi*  it  aaa  incssajre.  .  swohi-  they  took  the  oath  in  the  literal  sense  ol 
icbufthisis  true  I  cannot  tdl  :  One  '  ths  ui»r<is.  So  that,  if  this  explanation  wsi 
Mrtain,  if  it  was  true  ii  hud  no  c(lV;<*t.  <  not  conform  to  the  literal  sense,  they  woidd  U 
HMmasthc  test  with  the  (-nifos^ion  of  perjnred  who  took  ii  ii|)on  this  cxplanntion. 
■  printed,  there  was  a  iinivvrsal  nuir-  i  The  iinnosei-s  of  an  ooth  could  only  d»H'|iirvtb« 
uanoff  the  licst  of  the  clergy.     :\i:«iy  .  sense  of  it :  But  that  could  noi  bedoii<:  by  »"y 


liMt  reswearing  to  a  system  made  up 
•Upopositioiis,  of  wlueli  some  were 


other,  much  less  by  a  lower  au!h'»rity>i»«*"  ^ 
the  urirv  couiicil*a  was  conf«Mvd  i<*  '^* 


t4f]  sn^kTBtnt^Up  $sCumumJL  i69M^n^ 

s  CMw^ttm  of  dM  AttfalM  M  idlgte,  | 
i»1iMh  bjtlM  MBNtt  «r  iH  Sooli  yirifai. 

ooBmteMNMr,  ai  ttat  luto^  n^  iIm'  int 
tbiHt  tmtod:  of;  m  dii  oomnittM  tktra 
was  tft  Ml  pwpMPti  ftr  weanBi^tlM  PiOM 
tMl  niigioD;  whidi  autdii  limr  ibe  act 
afpniviag  Um  Cadbwlto  af  AUi,  wd 


vlun  manilPBlalNi  mliiiioirtiMjrdaBolaQb^ 
flMltofhrivilair,  tiwy  wi!ftn|ty  cKahal aay 


M 


C! 


f  jbhAcv^iIm  Adatlianad  itad  |Mmm 
«r  dikeb  aim  M  lA  lalhar  tlMui  coBttpljr  iHtfc 
IfcatBcaB^ar&iakw:  And  Aeaa  wwv  MOiad  to 

■0  Qia  taai  |piaaaliai%  aiMr  tba  Moat  MBloiia 

abv^  Hia  bwliaii,  wfeg  tkaoght  tiwir  w- 
IbMtf  tha  tMl  iraa  •  ifiapraMh  trthoaa  who 
toak  It,  traaled  dMm  Willi  flMMh  eootaiB^  and 
diaBaioiiilM>aiMi9aL  illMNfttiraal^of 
ropta  BogliBd-:  f  AwdtlianiiMioF 
piaoa  and  feafvadf  aod' 
i  iMofaMaa  tel  I  IndlhaB' 

., Jm&I  apioioft  they  bad  af 

naot  oawrt;  that  liy  tblamaai^  I  gal  moat  af 
thaaitPbowaMaaiflBdiii'Kngiattii  wbwatbiX 
i|Bfo  Booavao  tDCflMtfTaa  aa  w^naujf  imb  i 
faaiio ^OHt faaaoo  to  ngaiea  hi  briagjaidaaii 
bwlruaHyt  to  gal  ao  many  goad  wart,  who  auf- 
HsfodiortbcveoMdaiiea^  to  ba  i^mi  wall 
omplojred^andwoilDroTidedlbr.  Nodoftfaem 
were  formed  by  CnaiteriB,  who  bad  been  al- 
wavB  a  gruat  eoemy  to  the  imposing  of  books 
and  tysteois  as  tests  that  must  be  signed  and 
awom  by  such  as  are  admitted  to  serve  in  the 
church.  He  had  been  for  some  years  diTinity 
professor  at  Edinborgh,  where  be  had  fiamed 
the  minds  of  many  of  the  yoong  dergy  both 
to  an  exceQent  temper  and  lo  a  set  of  Tery  good 
principles.  He  upon  thb  retired,  and  nred 
prirate  for  sohm  years :    He  writ  to  me,  and 

STe  me  an  acoount  of  this  breach,  that  was 
e  to  be  in  the  church ;  and  desired,  that  I 
would  try  by  all  die  metbods  I  could  think  of 
to  stop  diaprooacdinffs  upon  the  teat  Bnt  the 
biaf  bad  pk  the  aft&a  of  Soalland  80  entirely 
JM.  a^ A*t,fta iiiBii  and  tbabiabips  hera  were 

in  the  test  that 

for 

dmtlaawil 


of  great  nn« 


fOw'ta  niHwftani  aH  em- 
widi  duke 
of 
■•MtMt    Ifisnainobi. 

^Iba*""^ 


0101^  to  Im  ttkm  W  dl  Mr  ft 
r»ga^ll^bdN»  Aiir  mhj  tolhri 
ttagimMMBL 
«<  Una  aoi  waa  drtwn  wwrnmlm  IK 
vpa«.ibfe  aiBCpan,  an  to  blana^i 
boiM  tS'MMly  tyiiy  Mm  to  M 

iMwiiliibatiHMrbnpnpand: 
cdfed  an*  die  am  day  •»  lb*  oonMJ 
tekn  tbateiL  bo  apid^  boiCd  aaCttAi 
yliaiiaii  did  iniMid  m  art  lUiil4i 
any  dodiradksllaanin  aaa  part  df  ft « 
ifac^fliM  bo  Mit  tta  tMli  aait  hMm 
#iihb9eir:  (KUaiirintodtolbndMI 
€y mlbo teat, sMi  IboliritetfiMiAi 
W  mlba  iiiiiiliiiin;)  Aad  lin  nidi 
did  nat  fartend  la  IM  birtaair  wp  h^ 
doing  aita^  tUi^y  Ua  aMbm  ftrSie' 
of  anyf&iigii<oiMnb  arattMB,jBoJ 
oooaiatiait  wifr  tfioPMeitaar  i^Mi 
dotr  ofa  Md  aplgaDtt  And  btf  taai 
piit  af  hit  aatib.  TtelUnf  pMl^i 
tbatdajyinoooiMl;  andwMt  naiti 


dasirad  tawrifOwaaa'dovni^aiMMfi 
the  dole,  wbkh  be  did,  aUdWaaoti 
made  a  prisoner  in  the  castle  of  i 
upon  it.  It  was  said,  thnwashigl 
and  Ae  assuming  to  himself  the  ! 
power,  in  his  giving  a  senseof  an  act 
ment,  and  making  that  a  part  of 
It  was  also  said  that  his  saving",  that 
think  the  ^liament  intended  an  oat! 
contradict  itsdf,  was  a  tacit  way  of  si 
he  did  think  it,  and  was  a  defoming  anc! 
ine  lies  of  the  proceedings  ot  in 
which  was  capital.  The  fiberty  th 
served  to  himself  was  likewise  calle 
able,  in  assuming  a  power  to  act  agf 
These  were  such  apparent  stretches 
some  days  it  ¥ras  believed  all  this  was 
toafiright  him  to  a  more  absolute  su 
and  to  surrender  upsoroe  of  those  g\ 
dictions  over  the  Highlands  that  w 
fomily.  He  desired  he  might  be  ac 
speak  with  the  duke  in  private :  Bui 
refused.  He  had  let  hts  oM  correi 
with  me  iaU  for  some  years :  But  1 1' 
became  me  in  ^is  extremity  to  sert 
I  could.  And  I  prevailed  with  lord  ] 
speak  so  oft  to  tM  king  about  it,  that  i 
be  known :  And  lord  Aigyle  writ  me 
tenofthanksuponit.  Duke  Landc 
still  in  a  firm  friendship  with  htm,  ami 
whole  strength  with  the  king  to  presc 
But  he  was  sinking  both  in  rody  and  i 
wis  like  to  be  cakt  off  in  bis  oM  af^ 
which  i  also  prevailed  with  lord  Hdn 
bun  his  service,  for  which  duke  L 
aent  mrvcvy  kind  messaeea.  I  tbooj 
the  only  ratrnns  ^  1  ongbC 


9] 


STATE  TRIALS,  33  Charies  IL  1^81w— y^  ERgh  IVeaion.  [SSO 


Prateiitaiit  religion,  in  the  pnblic  profession 
thereof,  and  to  put  the  laivs  conoernin^  it 
in  execution,  and  also  appointing'  a  fintlier 
tert,  beside  the  former,  to  exclude  [mpLsU 
from  place!«  of  public  trust ;  and  because  tlie 
fineii  of  such  as  should  act,  without  takiii*^ 
the  te«t,  a)»peared  no  t»etter  then  liiHchur*^!.-!!, 
if  tallinif  in  tlie  liands  of  a  Popish  8Uc*ces.sor, 
■nd  80IUC  accounting  any  liinitntion  worse 

in  for  all  the  injuries  he  had  docp  lue,  thus  to 
tfre  him  and  his  friends  in  flurtrefts.  But  the 
bke  of  York  took  thiv,  us  he  did  c^very  thinf>; 
hak  me,  by  the  wor^t  handle  possible.  He 
■d,  1  would  reconcile  myself  to  the  greatest 
■emies  1  had  in  opposition  to  him.  Upon  this 
I  ns  not  thought  fit  upon  many  accounts  that 
Idiouid  go  and  see  duke  LauderiUle,  which  I 
bd  intemled  to  do.  It  was  well  known  I 
bd  done  him  acts  of  iriendship  :  SSo  the 
■wkl  of  being  in  enmity  with  him  was 
Ncr:  For  a  Christian  is  no  man's  enemy: 
lid  be  will  always  study  to  overcome  evil  with 


**  Lord  Aigvle  was  brought  to  a  trial  fur  the 
Mds  he  had  8|K>ke.  The  fact  was  certain : 
bike  debate  lay  in  a  point  of  law,  what  &ruilt 
Mid  be  made  out  of  his  words.  Lockhart 
paded  three  hours  fur  him,^and  shewed  so 
■■ifisstly  that  his  words  hail  no  sort  of 
■ihiinoiiwPOT,  much  less  of  treason  in  them, 
fcttyif  his  cause  had  not  been  judged  before 
lb  trial,  no  harm  could  hare  come  to  him. 
Ike  court  that  was  to  judge  the  point  of  hiw 
hr  the  relevancy  of  the  hbel  as  it  is  called  in 
MliaBd)  consisted  of  a  justice  general,  the 
ptiee  derit,  and  of  five  judges.  The  justice 
patnl  does  not  vote,  unless  the  court  is 
Ipdly  divided.  One  of  the  judges  was  deaK, 
M  so  old  that  he  could  not  sit'all  ihe  while  the 
feiri  lasted,  but  went  home  and  to  bed.  The 
Mher  four  were  equally  divide<l :    So  the  old 

Be  was  sent  for :  And  he  turned  it  Rtruin.'^t 
Argyltf.  The  jury  was  unly  to  find  the 
bet  proved:  But  yet  they  wercoflicious,  and 
hmk  it  treason :  and  to  make  a  shew  of  im- 
pMislity,  whereas  in  the  lilicl  he  wan  cliar;^l 
Vilk  perjury  for  takini^  the  u:ith  fuLsly,tht>y  ac- 
ftttled  him  of  the  peijury .  No  smtt*nrr  in  oar 
IR  was  mwe  universally  cried  out  on  than  tliis. 
filpooiile  spoke  of  it,  aud  of  the  duke  who 
kwk  it  on,  with  horror :  All  that  was  said  to 
that  was,  that  duke  LAudcrdalc  had  re- 
|ed  tlie  family  with  such  an  extt'uilcd  juris- 
fiua  that  lie  was  really  Uil*  master  of  all  the 
UlUuds :  8o  tliat  it  was  fit  to  attaint  iiim,  that 
^a  new  restoring  him  these  gi-ants  niiglit  he 
^^^^  limited.  'rhiB,  as  the  duke  wnite  to  tlirr 
,  Iran  all  he  intemlcd  by  it,  as  lord  lliilifax 
red  mip.  Hut  b»rH  Anrvlc  was  in:u!c  hc- 
fafc,  that  the  du«ieitit4;nd('Jto]iroci.(il  to  vxi- 
iiiM.  Home  more  of  the  «^iiards  wercordt.p'd 
tlMBS  to  Edinburgh.  Hciums  w  :-i-e  :dsu  fitti-d 
brhni  in  the  common  jail,  to  which  peers  use 
ll|bi«iBoved  afewda^  before  tlieir  execu- 
tilfti  And  a  person  of  quality,  whom  lord  Ar- 
tghmemt  aaibed,  affiriiiMi  to  him  ob  bis  bo- 

VOU  VIII. 


riian  an  exrlusion,  and  all  being  ^routent  to 
put  no  limitnlion  on  the  crown,  so  it  might 
consult  wit  h  the  nafety,  and  security  of  the 
1^'otestant  ivligion,  it  was  ordained,  that  all 
such  tiMCs,  and  forfauhnrcH  shoidd  apper- 
tain iho  one  half  to  the  informers,  and  the 
other  hulf  should  Ik-  bpstout'd  on  pious  uses-, 
acconirng  to  (reilahi  rules  expressed  in  the 
net. 

nmir,  that  he  hraixl  one  who  was  in  great 
lavoup  say  to  the  duke.  The  thing  mu.st  be 
done,  anif  that  it  would  lit*  easier  to  Kntisfy 
the  kin^  about  it  after  it  tvos  dun<;,  than  to  ob- 
tain his  leave  for  doing  it.  It  is  ccitaiu,  many 
of  the  ScottiKli  nobility  did  believe  Hint  it  was 
uitended  he  should  die. 

**•  Upon  these  reasons  lord  /Vrgylc  made  his 
esca|>e  out  of  the  Castle  in  a  disguise.  Others 
suspected  those  stories  wei-e  sent  to  him  on  pur- 
pose to  fritrhten  him  to  make  his  escape ;  as. 
tlmt  whicli  would  justify  further  severitiei* 
against  him.  He  came  to'Londun,  and  lurked 
for  some  months  there.  It  was  thought  I  was 
in  his  secret,  but  though  I  knew  oiui  that 
knew  it,  and  saw  many  papers  that  he  then 
writ,  giving  an  account  of  all  that  nuitter,  yet 
I  obhdrred  lying :  aud  it  was  not  easy  to  have 
keiit  out  of  the  danger  of  that,  if  1  had  seen  hin^ 
or  known  where  he  was  :  no  I  avoided  it  by  not 
seciisg  him.  One  that  r%w  him  knew  him,  aiStl 
went,  and  tohl  tlie  king  of  it :  but  he  would 
have  no  search  made  fur  him,  and  retained 
still  very  good  thoughts  of  lum.  In  one 
of  loixl  An^yle's  papers  he  writ,  that,  if 
ever  he  wa:«  mlmitted  to  sj)eak  with  the 
king,  he  could  ironvince  him  how  much  he 
merited  at  his  hands  by  that  which  had  dmwu 
the  Duko'siiidignatiosioii  hiiu.  llethat  shewed 
me  fills  cYplained  it,  that  at  tliedukf's  Hrst  Iw- 
iu  ^W*otlnnfl,  when  he  appi-ehcmbMl  that  the 
kin;;'  might  have  fonsrntcd  to  the  uxdusion;  ha 
trietl  ti)  engage  lonl  Argy^o  to  aUvk  to  him  in 
that  case  ;  who  told  him,  he  would  always  h(» 
true  to  the  king,  and  !ikowi^:e  to  him  when  it 
slioiild  come  to  his  turn  to  b4*  king,  but  that  h^ 
wf»uld  go  no  farther,  nor  ctiguge  himself  in 
cas(^  the  kiu<r  and  h.*  should  itniu-rel. 

"  1  had  livi'd  many  y<*Jirs  in  gi-eat  friend- 
ship \^  itii  the  earl  of  1  Vrtli :  1  li\(r«l  with  him 
as  a  futliin*  with  »  s'm  for  hIkiii*  t\ii'!\('  yriii's  : 
and  l»o  had  rrjdly  th«-  siiSiiiissions  »n*a  <'hild  to 
me.  S(»,  hrh-ivi!i:;-|nrri  on  lur.l  \rgyl«*'**  jury, 
I  writ  him  a  letter  mImuM  it  uitiithi.^  fivcdum 
that  1  thought  li(r:u!i(.-  iv.o :  hr.  i'l  merit  at  the 
duk'«;^s  hr.nds,  slicuod  it  to  him,  as  iiu  liimscii' 
^•oijicsspil  lo  nip.  I  could  \«ry  cusily  tbrt»ivt; 
him.  but  coidd  n:)i  cstucin  hint  nnioh  alu.r  so 
uuuoLlity  an  action.  ll«i  ^wts  tlicn  aspiring  to 
gn.'ttt  prclmnent,  uisd  so  sanilici'd  hk?  to  ob- 
l:iiii  liivonr  :  but  he  nisidc  gronlrr  Kricriliccs  af- 
ie^'uards.  The?  ditkc  !iow  M^'nicil  to  triumph  in 
Scotland.  All  stfMi|u:tl  to  liiin.  Tho  prisbv- 
leriau  party  vas  mucti  «lcj)rt»svttl.  The  \frst  «t 
the  clergy  wvw  ttinu'jl  out.  Vet,  with  all 
this,  he  was  iioiv  in«»re  lmtr:l  tluTi.*  than  vwv. 
Lord  Arijvle's  business  mud<  him  brluohcd  ou 

3  1' 


I 

mi 


I]    STATE  TRIALS,  33  ChablesII.  i68i.— TVio/o/fJ 


But  this  scl,  being  no  wifte  pleasing  to  some, 
it  wot  laul  askle,  nnd  the  comnunee  dtS' 
cbargeil  any  more  to  meet,  and  instead  of 
Ihk  acl,  there  was  brought  in  to  the  partk- 
ment,  at  the  satae  time,  with  the  act  of  suc- 
ceasioo,  a  short  net  ratirying  all  former  acta 


"  The  act  of  siioccssinn  bail  passed,  on  the 
promtse  of  the  tn  0  brothers  to  K^ant  every  se- 
curity fur  the  protestanl  faith  wliich  the  parlia- 
uienlshuuld  recjuire  ;  but  the  performance  of 
this  public  and  solenm  assurance  (lues  DO  credit 
tu  the  sincerity  of  James.  When  demanded  bo 
loudly  that  it  could  no  lunger  be  withheld,  the 


>t  of  passive  obedi- 
ence, tor  the  aecuritv  of  the  tbroiie.  A  decla- 
ration from  persona  m  office,  of  their  adherence 
to  the  proteslantreliifian,  was  at  first  proposed. 
Tlie  court  party  mdijoined  a  reet^fnition  of  the 
■uprmwcy.  a  disaional  of  the  covenant,  and 
an  uhligation  never  to  assemble  in  order  to  de- 
liberate on  civil  or  ecclesiastical  BtTaira,  with- 
Mittlie  king's  pcrmistiuii ;  -never  tu  rise  iuunns 
without  Ilia  authority,  nor  iitfacrwiHc  to  endea- 
rour  an  alteration  iif  government  in  church  or 
■late,  llie  ostb  was  to  be  received  under  the 
penaltyof  cooAscatioD.and  tobc  sworn  accord - 
uig  to  its  literal  acceplaljoti,  by  allixirsans  in 
rivil,  military,  or  eccle«iasticHl  nffrces  ;  the 
Idag't  h^itiinaie  brothers  or  sons  excepted  : 
and  aa  the  test  was  niuint  to  int^paritttte  the 
•resbyteriaas,  it  Has  cvtended  to  the  whole 
tody  of  electors,  and  members  elected  to  serve 
in  parliament.  [Fountahihall'a  Memoirs,  MS. 
finmel,  ii.  SSQ.l 

"  Such  a  violent  iuvoflion  of  their  privileges 
excited  tierce  debates.  Thepreabyterians  would 
Imve  dispensed  with  thesecurity  of  religion,  to 
avoid  a  test  which  the  duke  urged  oii  a  political 
engine,  and  which  the  bishops  regarded  a^  a  sa- 
lutary rx[>edient  for  the  preservation  of  their 
order,  agamst  the  danger  to  be  apprehended 
froro  a  pvcsbylenan  parliament.  Liird  Itelha- 
ven  obaervei!  that,  lio»e«er  secure  IVom  the 
eBects  of  innovations  which  themselves  niight 
■ttompt,  tlicy  had  nn  provision  to  preserve  their 
religion  against  a  popish  or  fanatic^  succesanr  ; 
Imt  the  words  were  no  sooner  uttered  tlian  be 
was  sent  to  the  Caitte.  Argyle,  with  more 
moderation,  deplored  tile  friiqoency  of  religi- 
■ns  oaths,  but  opposed  the  exemption  of  Uie 
royal  family,  ns  a  permission,  it  not  an  cn- 
couL'agemeiii,  for  men  to  depart  from  the  na- 
lionsl  church.  If  an  eit^mption  were  to  be 
made,  he  proposed  thai  it  shonid  be  expressly 
•onfiued  to  theduke  ;  hut  when  the  Uxtrt  rose 


proleetsnt  tiiith,  and  notivilfastsudlng  a  previoi 
tvtiiuatiou  ivbish  ha  had  gifev,  thM  h«  wotil 


made  for  the  security  of  the  Proia 

S 'on,  which  isthe  first  of  ibe  priotei 
is  parliament. 
'  At  tlie  passing  of  ttiis  act,  the  csirl 
that  tliese  words,   '  And  all  acts  a^ 
*  pery,'  might  be  added,  which  was 


oppose  whatsoever  was  adverse  to  rdi| 
words  were  observed  lo  produce  a  dee] 
delible  impression  upon  James.  I 
opposiliOD  to  the  test  was  inedeclual,  n 
delay  admitted  for  a  sin^e  ni^it.  Ai 
difficult  to  ascertain,  or  to  define  with  t 
what  was  the  prei'lse  standard  of  llie  p 
rdigioii,  Dalrymple,  the  president,  • 
as  the  1-ute  of  faith,  the  earliest  conf 
the  furst  retnrnteni,  fratned  to  expose  t 
of  papery.-audtu  justity  their  mdstani 
queen  regent ;  aud  ratified  by  the  Si's 
men!  of  James  6.  when  Mary  was  com 
resign  her  crown.  It  was  artfiiny  pr< 
irreconciU-ahie  (o  the  test,  and  liaii  b«ec 
so  lon^u  make  way  for  the  Wesiiniieie 
sion,  that  the  contents  of  it  were  unki 
the  illiterate  prelates ;  and  were  adopt 
outbeing  uadenttood  or  even  rmid.  ' 
was  accordingly  jramed,  iuid  approvi 
majority  of  seven  votes.  It  appeari 
examined,  to  be  a  mass  of  the  must  ahs 
tradicttons  A  long  inconsistent  oath 
sciibed,  to  adhere  accordina  lo  this 
confession, to  theprotestaut&iih,  yet 
recognition  of  supremacy,  toconliinn 


to  attempt  uo  altn^tion  in  die  presenti 
form  of  the  church  ;  to  abjure  the  il 
and  to  renounce  the  right  of  resistance 
the  same  time,  as  a  religious  duty  in 
by  ibe  confession  upon  good  suqecti 
press  the  tyranny  and  to  rtatiit  the  oj 
of  kings.  Xosincere  prcsbytcrian  a 
scribe  the  oath.  None  of  the  episcopal 
sion  could  assent  cotiscientiously  to  thi 


explication  different  trom  the  literal  se 
disavowed,  it  was  impos^le,  without 
either  to  receive  the  test  or  to  reeon 
contradictory  terms  in  which  it  was 
[Burnet,  aai.  Fountaiuhall's  Mem.  > 
1.  149.  Wodrow,  ii.  195.  Argyle's  O 
written  by  sirJamesStewart.] 

"  The  parliament  concluded  with  ht 
to  the  reputation  of  James.  IVhalei 
his  mor«J  or  his  private  qualities,  it  ' 
scrveil  that  be  inherited  all  the  obUiiil 
the  saiue  species  of  political  insincerilj 
his  father  possessml  ;  hut,  ia  the  nun 
of  pariiament,  discovered  liflle  txft 
■he  nice  conduct  of  public  allairs. 
tainhall's  Dec  1.  157.]  To  evad*  I 
mise  uf  an  additional  security  tfar  I 
tealaut  laith,  he  deceived  and  endmi 
entangle  tbepreshjierioDsin  an  OQMI 
Frtinihis  own  violence, he  wasoicnn) 
Dalrymple,  and  the  oath  iBlend#  M- 


J 


STATE  TRIALS,  33  Charles  U.  l68l.— /or  High  Treason.  []g54 

serend  membera  desiiing  other  additions, 
ftnd  other  acts,  a  promise  was  made  l^  hit 
royal  highness,  m  open  parliament,  that 
time,  and  opportunity,  should  be  given,  to 
bring  in  any  other  act,  which  should  be 
thought  necessary  for  further  securing  the 

dictions,  and  a  part  of  liis  estates.     Eiglit  ad- 
vocates, who  signed  an  opinion  that  the  expla- 
nation was  legal,  were  severely  threatened;  the 
assistance  of  I^ockhart  M-as  thrice  prohibited, 
and  was  oiilj|r  granted  from  an  niiprchension 
that  Argylc,  if  deprived  of  the  benefit  of  coun- 
sel, might  refuse  to  plead.    The  iniquity  of  the 
whole  trial  is  manifest ;  but  it  is  proper,  and 
of^en  profitable  in  history,  to  investigate  the 
minute  particulars,  and  to' record  the  infamy  of 
each  judge,  as  a  warning  to  others,  and  as  a 
wholi4iome  example  to  future  times.    IVhen 
Argjrie  was  arraigned  at  the  bar  of  the  justi- 
f 'lary  court,  his  explonation  of  the  test  was  per- 
verted throughout.    That  the  parliament  never 
meant  to  impose  contradictory  oaths,  was  con- 
verted by  Mackenzie,  the  king's  advocate,  into 
a  tacit,  defamatory  implication,  that  sueli  con- 
tradictory oaths  were  actually  imposed  by  par« 
liament :  That  he  took  the  oath  as  far  as  it  was 
consistent  ^-ith  itself  and  with  the  Protestant 
religion,  implied,  maliciously,  that  it  was  con- 
sistent with  neither :  That  he  was  not  .thereby 
precluded  from  such  alterations  as  he  thought 
advantageous  to  the  church  or  state,  released 
from  every  obligation  contained  in  the  test : 
And  that  he  understood  this  to  be  a  part  of  hit 
oath,  transferred  the  legislative  power  of  the 
estates  to  himself.     By  means  of  such  misera- 
ble comments,  leasing- making,  perjury,  and 
treason  were  deducefl  from  a  perversion  of  the 
mosfinnocent  words.    The  pleadings  are  ex- 
tant, and  the  arguments  of  Lockhart  reflect 
tlishonour  on  the  public  acK^nsor  and  infamy  on 
the  court.     He  demonstrated  to  the  secret  con- 
viction of  the  judges  themseli'es,  that  the  ex- 
planation, far  from  arooimting  to  treason,  was 
notev^  criminal ;  and  that  the  particular  ex- 
pressions were  of  the  most  innocent  import, 
ne<'cssary  to  disbunlen  the  cronscienoe  from  per- 
jury, and  strictly  legal.     But  the  question  liad 
beeu  already  pn;judgrd  in  council.     Tlie  conrt 
was  adjourned  ;  hut  the  judges  continued  sit- 
ting till  midnight,  to  dctenniue  on  the  rele- 
vancy of  the  hbel,  whether  in  pi»int  of  law  the 
explanation  of  the  test  was  suthcient  to  consti- 
tute those  crimes  which  the  indictment  con- 
taineil.     C^ollington,  an  old  cavalier,  and  Ilar- 
carse,  a  just  and  learned  judge,  pit4ongc<l  the 
deliberations  on  the   indictnu*rit,  and  opposed 
its  relevancy ,  which  was  KU|vported  by  Newton 
and  Forret,  the  former  instrumeuts  of  Lauder- 
dale's corruption.     Quecnsberry,  who  presided 
as  justice  general,  had  liiinKelf  received  the 
test  nit  ban  explanation  ;  and  in  this  delicate 
situation,  when  the  judges  were  equally  divi- 
ded on  the  question,  nis  private  convktiou  was 
sufficiently  attested  by  his  refusal  to  give  a  de- 
cisive vote,  or  forfeit  the  preferment  and  fa- 
vour of  court  by  the  acquittal  of  Arg}  Ic.    T» 


i  advocate,  and  some  of  the  clergy,  as 
easary,  but  the  motion  being  seconded 
George  Uickhart,  and  the  then  presi- 
f  the  session,  now  turned  out,  it  was 
d  to,  and  added  without  a  vote,  and 
."t  being  still  not  thought  sufficient,  and 

byterians,  was  rendered  adverse  and 
irreconcileablc  to  every  religious  per- 
indsect.  A  test  contradicted  throueh- 
\e  confession  of  faith,  was  expected  to 
loned  ;  but  the  court  party  was  inured 
»l  oaths.  The  duke  was  determined 
eco  the  political  advantages  of  a  test 
icli  he  was  relieved  himself ;  a  strange 
of  tlie  nature  of  persecution,  and  of 
cter,  in  exacting  from  the  presbvte- 
acknowledgment  of  the  ecclesiastical 
cy  of  the  crown,  which  his  own  re- 
savowed,  and  did  not  permit  hiui  to 
The  established  clergy  were  the 
ssent. 

earlof  Ara^yle,  when  required  by  the 
bbscriiiethe  test,  was  admonished  pri- 
y  the  bishop  of  Edinburgh,    not  to 
ncient  family,  nor  to  augnncnt  the  re- 
which  his  op|)osition  had  kindled.  In 
arliaiucnt  an  attempt  had  been  made, 
juke's  concurrence,  to  divest  him  of 
^jurisdictions  and  estate.     A  special 
on  was  proiM>sed,  instead  of  the  ordi- 
catures,  in  order  to  examine,  or  rather 
t  the  gift  of  liis  father's  forfeiture ;  he 
led  access  to  the  king  for  protection  ; 
tisplaced  with   Dairy m|>le  from  the 
session  ;  and  no  doubt  can  remain  of 
s  intention  to  ruin  a  potent  nobleman, 
plicit  and  unreserved  support  he  tie- 
obtain  .     Argyle,  aware  of  the  danger, 
Mi  resigned   nis  employments;    but 
ing  the  duke's  appnilmtion,  he  ac- 
le  test  as  a  privy   counsellor,  with 
latioii.      His  expliuiation  was  gra- 
ceived.     He  resumed  his  seat  on  the 
ritntion,  but  declineil  to  vote  on  the 
xplanation   which    tli«  council  pro- 
hat  day  ui>on   the  test.     Next  day, 
{uiredin  council  to  renew  the   oath, 
nssioner  of  treasury,  and  when  he 
>  his  fonner  explanation,  it   was  cla- 
demanded.     Alarnu^l  at  this  eager 
tv,  he  acknfmledged,  but  refuse<l  to 
;he  explanation,  and  was  immediately 
from  tlie  council  board.     A  few  days 
I  he  was  enjoined  to  enter  prisoner  m 
and  was  accused  of  Ic^sing-niaking, 
id  treason  ;  of  depraving  the  laws,  and 
the  legislative  |>owerH  of  the  state. 
,  3.  7.  ike,  Burnet,  '2.  335.] 
■n  could  Itelieve,  that  the  ministerial 
■o  bold  aud  flagitious,  or  that  the 
bT  euch  a  ductile  or  tyrannical  dis|K>- 
Ofemist  in  a  judieiaftrial,  in  onler  to 
Iprleof  his  honours,  his  estate,  and 
Gng  farther  was  apprehended  at  first 
\ga  to  extort,  by  menaces,  a  more 
:  tbesuriender  of  his  juris- 


S55j    STATE.TRIAL&,  33  CaARi^&n.l6&l.— Trial  of  IhtEm-I^Arfgle.   ^ 


Froteslant  religion  :  but  Ibough  several 
peisuns,  btitli  bt^uro  a»d  niler  [lOsiriDff  ihf 
act  for  the  Itsi  (lici'e  BubjuiiMl)  diil  give  in 
tneniorial!',  and  ovi^rLiiTcs,  vel  Ihty  tvcre 
nevcrsiiflcicil  tobe  read,  either  iii  arlides, 
or  psrU^uueiit,  liut  in  piace  of  nil,  tUiii  art 


iett»t  wsKsiiU  obtnukd.  ionI  nM« 
at  nature  Kul]«red  to  he  beard,  ^t 
[but  ui't  jiOBl,  iboii^U  evca  M  pwouf  ■ 


without 


relieve  liim  fraiii  this  dugraocrul  ililemiOB, 
Nairn,  a  auperannunted  jii(lg¥,  whose  alteud- 
aace  had  be«D  long  diipcDsiS  with,  was  roused 
froitl  his  liril  nt  midnight  j  and  the  piiwced- 
iDBlswcrcrruii  over,  an  he  hul  ii'it  bi-ard  the 
dMatc ;  but  be  dniiipcd  Mieep  lill  awaloeiiHl 
tiv  bin  TOtr.  'nittiotcrloculor wasproiiounred 
MXt  diijr,  in  the  stnct  iani<s  of  uDinibntaUial 
jualicct  ViiuHisciouB  of  tbi.4  midni^t  dl 
Argyleind  hisconnttcl  w««euv«^ helmed  with 
■urpTiM  ni)d  despair.  They  deeliued  any  ebal- 
luge  of  the  jurors,  iir  euniination  of  the  nit- 
neiaes  ;  ardisilauit'dtftrenewanuita*aibti|;de- 
lenc«>  Tlie  jury  usserlMl  tiielr  full  Ehoreof  in- 
famy, in  tliis  iniquitous  transactiou.  Itlootrase, 
^erbuiCflUir  orforeiiiiui.iU&lionouml  the  re- 
pitfobOD  ikrired  from  liis  grondfntber,  in  order 
lo  avenge  bis.deoth  i  and  of  vkveti  peers  and 
four  commoiKTs,  seten  wero-yrjry-counsdlors, 
pEtwaat  t'uci^iiea,  d<«ply  eo^^ed  in  the  in-ose- 
cution  *A'  Argyle.  From  a  srotis  alfeouttiiia  of 
iu^MUJlftlilVithey  acquitted  ^im  of  perjury  in 
receiTUtg  Ilie  uaih  iu  a  tabe  acceitutioo,  lint 
ilbyaa  uuaniruous  verdict,  itiat  he  was 
ilty  «!'  tn^sHui  and  leasing  making  to  tli^ir 
"  [Buruet.     Ai|ty'^'"  *'**«,  iJ.   5. 

B.ae.l 

''  It  is  in  vain  for  apulogietical  bistoriatiti  to 
pretend,  and  in  vaJu  for  JameK  to  assert  in  his 
fflemoirs,  tliat  nulhins;  more  wax  intended  than 
lo  wrest  soniedatigeruusjuiiiiilicuonBout  ul  the 
bands  of  Ar^yle.  A  man,  who  has  perverted 
the  CMirseot  justice,  in  order  lo  acquire  an  un- 
due power  over  Bnsdier's  life,  has  no  claim  lo 
credit  for  tlie  tnotivCn  which  it  may  be  conve- 
nient lo  assert  when  bis  vivtiin  lias  esi^nped. 
Ar^le  had  already  offered  to  surrender  lliuse 
junsdiclioii!*,  iinranditinnalty,  to  the  king. 
The  de>>ign  was  to  niiu  tliu  livad  of  thepreiby- 


<Teatui-e5    implied'    tliat    hit    exec 
necessary,  and   that    it  wotild    b« 
sati&fy   the  king  nheli   the   deed 
than  lo  procuce  his  {nvriousvonacnL    ttlMm 
these  insinuulioni  wcit)  em^iloyed  Uk ' 


Argyie,  he  escasol  that  evening  in  lh«  Uiarf 
law,  tlic  bdy  Sophia  Utimf, 


his  daughter 

disguised  asbcr  page.     Seutcacrol 
was  immediately  |ii-nnoiii>OMl. 
estate  and  bfe,   were  lorfnled  i 


■d  and  ton)  [    Ini  pab- 


fflfi, 


ginal  designs  against  his  life,  Itii 
sentence  were  oQceprocounceil,  wasa  single 
additional  step  wliich  their  safelj'  might  re- 
quire,and  whii:h  tlie  duke's  authority  was  suf- 
ncteol  to  sitstflin,  ^Vlieu  eunvitted  lurinerly  of 
the  saioe  ticlttious  crimes,  he  was  preservett  by 
Lauderdale,  whose  iodneucehud  now ile dined, 
and  be  Jis<;iiveTed  that  no  tnioiir  was  lo  be  ex- 
pected at  ritiirl.  On  the  return  of  his  messeti- 
Sir,  he  nss informed  ofthe  kiug's  iiKtructinns, 
at  the  sentence  should  be  pronoiuiceil  ami 
tbeexeuiiliuu  buspenileil  ;  but  every  nrcum- 
Etaiice  seemed  to  announce  thai  his  death  was 
resolved.  The  tuiliiary  were  ordered  to  town, 
■utdbis  giisrilswecedoublcd :  apartmenls  were 
prsvidea  for  hi4  reception  in  the  public  gaid,  to 
which  peers  were  usually  remoired  from  the 
eaade  bcl'oreejLceutiou  ;  and  ibeilack  and  am- 
biguous  expreittiiius    at   the    duke   uod    bia 


NotwitbElanduig  agtHgt 

alarm,  and  a  vigilant  pursuit,  be  was  condidri 

V)   London,  by   Vdicli  a  derjfyiQan,  lhf«ofh 

unfrequented  roads;    and  Charles,  who  am- 

sednot  the  common  Juclice  to  pardnnaM  ■•' 

re  him,  had  flie  generally  not  to  ruipiinrf- 

ler  the  place  of  ha  retreat.     [Xrifybr't  Ctifc' 

1.  iBumet  Wodi'ow,ii.  213;  t'uuai.  Dm.- 

"  Neier  wm  x  sentence  produrUrr  ot  mM 
p<n-3tion  and  horror  ;  never,  [lerhapk,  wisk 
ttence  rnore  flagitioucly  obtained,  than  ihr* 
alUinder  of  Argyle.  Eveu  the  episcopal  puqr^ 
whom  Jaoiea  bad  altacliedto  his  person  andinr 
terest,  were  indignant  at  the  shameless  pra«>' 
tution  of  justice,  and  the  depravity  nf  the  prin*' 
Qotnlily,  ^ho  bad  descended  to  tbc  baseilt^ 
fices,  in  order  lo  accomplish  lb«  n.in  of  an  U" 
cient  house.  But  the  presbylcnaos  weieilrack- 
u  ilh  conslematioii  and  dc^jiair.  The  most  ot^ 
noxious  ofsiicb  as  bad  opposed  the  test,  tri 
aulong  tlirac  the  earl  of  Loudon,  Dalrvrnptetb* 
late  pTL-aidant, Mtenart  an  advocate,  I'leicbcaif 
8nlton,  retired  tu  the  continenl.  TheduktiC 
I[ainilion,aud  ike  proprietors  of  twenty  shr# 
sliips,  or  extensive  regnblies,  rather  than  nCMN 
a  test  BO  pernicious  to  Argvte,  snflcred  tboF 
hereditary  jurisdictions  to  lapse  andrevertw 
the  crown.  [^Wodrow,  ii.  226.]  From  4» 
horror  and  antiiiathy  which  the  sentence  incp»- 
reil,  tlie  presliylerians  became  ever  aflerwirA 
irrecuncileaLle  to  James.  He  allowed  ibna, 
l]>e\  said,  tu  continue  pratesinnts,  biH  if  Ik^ 
once  vmtured  to  assert  their  tailh,  nut  tbemM 
uniform  nor  mpriionnus  senicei  could  smw 
furasingteactofoiipoHitionorofEnl.  [Fouat 
IHem.  IVIH.]  Their  fears  were  commonkiUil 
to  those  who  bad  urged  his  exdaaon  with  ivk 
violence  iti  England,  aiwl  wlinm  llie  dLjtoliniM 
ofthe  last  parliament  of  Charles  bad  left  unpw- 
lecled  ;  and  Argyle'a  Case,  which  was  priaWi 
in  London.  proMuced  a  deep  iinprMWonoalhl 
puMicmiiHl.  Pnnn  thcCuincidenn-»f  tlMlM 
cventa.  his  attainder,  at  the  duku'itii 


again 


compareilwilb  ibeaofinHiiIotSltaUcBhM 
t  whom  itauprnml  thai  the  kii^  iamm 
indcsct'iuleJ  t<>  Mliuil  vvidenee,  ifoWll 


actieethcdrtisoftubumation.  (Raljji,l,M;] 


STATE  TRIALS,  33  Charles  IT.  l68l.-/ur  High  Treagon. 


[858 


of  Fahh,  anil,  after  several  hoiii^ 
tor  adrfincf  the  Confe^icni  of  Faith, 
ny  other  atltUtiun^,  and  alterations,  it 
iit  at  the  first  prosfntinjr,  aU»oit  it  was 
1  y  |irest,  by  near  half  the  parlianient, 
mi(;ht  be  clolayetl  till  next  iTiorr.in;^, 
light  bi*in£^  so  much  chnn'^ed  and  in-  , 
1,  that  many,  even  cf  the  most  en- 
in  the  debate,  did  not  sufficiently  un- 
id  it,  and  thout^h  they  took  notes, 
lot  pn-cisely  how  it  stood.  .  And  this 
leeii  the  i^arl's  cajie  in  mirtieular,  and 
use  why,  in  voting,  he  d«l  forliear 
lo  approve,  or  disapprove. 
rt  in  the  debate  was,  that  in  tlic  entry 
le  said,  that  hi-  thon^rht,  as  few  oaths 
be  required  as  ^-ould  be,  and  these  as 
ind  clear  as  possible:  that  it  was  his 
.^  npinion,  that  a  ^  ery  small  alteratiun 
f*  aets,  which  had  been  used  these  'JO 
mi^ht  serve,  for  it  was  inanii'est,  and 
:*sted  the  whole  parliament  u|)on  it, 
p  oath  of  alle$^anc«*,  and  declaration, 
Tfctuallv  deWre<l  all '  fanatics  liroin 

iM  iiothinpf  similar  to  the  eorruntion  of 
and  jurors  of  Arjjy  le ;  except  the  venal 
whirh  was  allotted  in  Etigland  to  the 
nankind.  Dut  the  cxclusionists  anti- 
leirown  dcstnietion,  from  the  attempt 
fie  two  protestant  earls  ;  and  if  such 
first  miits  of  the  duke's  administra- 
*otland,  what  was  to  he  expci-ted  fW»m 
nical  disposition  xrheu  lie  should  ascend 
e  ?  What,  but  the  most  sanp^inary 
proscription  and  terror  ?  the  fear  of 
w  productive  of  extensile  conspiraci(*s, 
the  patriots  «^earh  kint^lom  were  in- 
4  I^uniif's  Scotland,  1 1(5. 

Ilowiiig^  passai^re,  in  wliat  Macpherson 
I  und..r  the  title  of  *«  The  Life  of  Kincr 
lie  Second,  written  by  himself,'*  (sec* 
iductjon  to  i'larendoii's  (.'ase,  vol.  0, 
if  this  Cx>Ue«:tion),  contains  the  asscr- 
he  Memoirs  of  James,  t(»  which  Mr. 
ludes: 

.  18,  16R1.  1iCttc>rs  wnt  in  fomi,  for 
lentence  on  Argylc ;  but  not  to  be  put 
tion  till  f^irther  onlcrs. 
'as  neith«T  the  kiNt^'s,  nor  the  duke's 
«  to  take  away  cither  the  life  or  estate 
e.  But  to  make  use  of  that  occasion 
m  more  under  their  power,  and  to  for- 
lin  jurisdictions  ami  NUiN*riorities  which 
his  predecessors  had  surn'ptitinnsly 
and  niobt  ty ra ni i  ically  i- \cn 'is<'d .  The 
tpitcil  his  sentence.  *||c  was  clad  to 
«  sHperiorities  and  oflicis,  which  he 
ton  preat  for  any  one  subject,  out  <if 
I  hands.  Up  e>ca|Msl  by  means  of  his 
r.  8ome  of  the  ntuncil  ailvist^d  that 
nU  be  publicly  uliip|N>d  thniu;;li  the 
fEdinbiir^h.  The  duke  pn:\eiitrd  it. 
If  Mnilinfli^,  '  That  they 'were  not  um-iI 
Mcnielly  with  Kdii's'in  his  country.' 
■Mttamfinj;  the  duk«  desij^ned  no  reni 


gettinpf  into  ]>laces  of  trust,  all  that  time :  it 
was  true  stime  papists  had  swallowed  the 
oath  of  allrg'iance,  and  therefore  a  word  or 
two  only  of  addition,  to  irnartl  a$;fainst  them, 
was  a!l  bejudged  necessary. 
"  And  tliereal'ter,  where  in' the  close  of  the 
ac*t,  the  kini^'s  sons,  nhd  bmthers,  were  in- 
tended to  be  dis]>ensed  with  trom  takin:^ 
the  test,  he  opposed  the  exception,  and  Sail), 
it  was  our  happiness  that  kini^  and  peoplo 
were  of  one  rv/li^rion,  and  that  they  were  nt 
by  law :  that  he  hoped  the  parliament  would 
do  nothing*  to  loose  what  was  fast,  nor  open 
a  <jrup  for  the  royal  family  to  differ  in  reli- 
gfiou,  their  example  wall  of  prroat  conse- 
quence, one  of  them  was  as  a  thousand,  and 
would  draw  the  more  followeiv,  if  onc*e  it 
appeared  to  the  |HfopIe  that  it  weit*  honoura- 
ble, and  a  privile*^!  to  be  of  another  religfion : 
antl  theretore  he  u  isbed,  if  any  exception 
were,  it  mif^ht  be  particular  for  his  royal 
highness ;  but  his  hisimess  himself  opposing^ 
this,  the  earl  conclude<1  with  his  fear,  that 
if  thts  exception  diil  pass,  it  would  do  more 

harm  to  Argyle,  his  enemies  were  too  watch- 
ful to  let  slip  any  opportunity  of  derr\'ing'  his 
conduct.  The  duke  and  duchess  of  Idiudex* 
dale  had  a  ^n^eat  share  in  these  false  reports. 
They  interceded  vehemently  in  fayonr  of  Ar- 
t^le*8  son  the  lord  Lnrne.  *  This  the  duke  was 
no  less  ready  to  concur  in,  than  the  king^  to 
Gfrant,  only  dcsire«l,  that  in  settlin<r  the  estate, 
due  re<^ra  .should  be  had,  and  pnivision  made 
for  the  younger  children.  Hut  the  duchess  of 
LAuderdule  pressed  luuti  for  havini^  all  the 
offices,  ex<!ept  Justiciary,  cfinfirm.^l  to  Lome. 
The  duke  un^  for  a  sft>nature  and  disposition 
of  the  estate,  tor  the  |»ayiiient  of  all- ju&t  cre- 
ditors, with  moflerate  d^nix lives  to  such  as  /\r- 
Vyle  had  ruined  by  hut  tynmny,  tlic  «iiirpl usage 
being  intended  to  dcsceiid  to  his  fnmily.  n^ 
king  refused  to  see  Lome,  hut  with  the  duke^s 
cfinscnt." 

^'Tliedis;rustingea8e,'*  says  Mr.  Foxi  **  with 
which  Jam<?s,  (in  his  Memoirs,  Mirpbcism's 
State  Pa|)ers,  1.  12'0f  ^>^kii  (»i*  .4ivyWs  qmp, 
his  pretence,  tluit  he  put  his  life  m  Jeopwd}' 
fHily  witl)  a  view  to  seize  his  protperty^  SMin 
to  ilf*stroy  all  notions  of  tliis  prince's  havitig 
had  auy  honour  or  conscience  ;  nor  afWr  thiN, 
ciui  we  give  much  credit  to  tho  declaration, 
that  Argyle*s  hfc  was  not  aimed  at.*' 

Roger  Coke  says :  '« The  next  day,  aftvr  t1|e 
carPs  sentenct*,  uz.  DtrembfT  the  1  tth,  the 
C4iinicil  gave  the  king  notice  of  it,  and  expecfed 
his  furtiier  pleasure,  now  the  work  is  done  to 
his  hand  :  but  it  seems  his  highness  was  rery 
im|»atient  till  \w  had  the  eari*s  Mood  ;  fbr,  be 
saiti,  *  If  tlM^  express  from  the  king  came  not 
^  timoiisly,  he  wouM  take  u|ion  himself  what 
^  was  to  be  done  ;*  by  which  you  may  see  what 
an  asceinlancy  the  duke  had  m-er  the  king: 
hoi\efer,  theetirl  upon  the  16th  |>ctitinned  the 
duke  that  he  might  send  a  Petit iiHi  to  the  king, 
which  was  rufuwd."    Vol.  2,  p.  295. 


Vfi9l  STATE  TklALSb  UCbablu  U.  ItU^lHati^lieEmt^j^ffk.  [«» 


.  kvlta  Iha  PMlMtaBt  nUgioa An  tU  the 
MMaf  IhUactiaBdiiiujothv  adi^  ooold 

x  WSht  IhcM  acta,  ^oot  RGnm,  wen  m 
■gilHfaB,  U>  b«bBMi  told  Ike  «url  <MM  tky 
faanrate,  ttbewtreiifiiiiiHdr,Ardie<Brl 
afwd,ud«tben,  wen  tognein  «  Ul 
t»dwMriwiiMBl,togethin  nadelMde  ' 
MBB  MM  Ibey  pnieiid«l  to  he  c«iliaai 

JBftrUi&tll^,    MdOMIlMWtlMt    wi 

mmttbnmiin  b»  mtjttty'a  tttnce  tat 
WU  >  ewe  of :  the  eul  Hid,  ha  knew 
IttnwaavognmiCK  anjiuch  Ul,  uid 
hahiradiMilMr'diecari  of  Eml,  nor  ■aj 
adHTi  dwoU  have  anyadvint^  of  huii, 
-mimiajht^ntuamta  hiamwutj'aMf- 
rinT   Hb^kaeiatoU  UbenUkewiae,  b* 


l^tsiUw  earisood  adrit 
■Mt^ji  after  uw  akm 

iL  tkn  wan  tm  bUk 


■aMpB  <f  ^  Ai&Im,  wakat  ^  eail,  aoe 
kwHiaart  of  ^tri,  Mother  hj  Im  ma- 
JM^y>adTOcate,_wha  ab^ed  ke Mk  17 

CaBQMUMf  ibf  OUHMnto  Da  ltfikDPWlCP|ptd  tf 

waawMonl  Iria  Uiw.  Tke eail  of  bnl'i 
aWBwaa,  Ikatlbecarid'AKylanirttka 
■  illlili  l&Mcto^diwahim,aadalhm.rf 
■  MLiriimB.  tkey  aOedg^  *nr  atoad 
fcMBrM«Mtiawn,1iraakto nmiBia  of 
iMjl^  Aa  eari'a  hdier.  0^  wUck  Ike 
■■laMwcrad,  that  be  kad  Mt  got  kia 
fiAcr^  whole  eitate,  but  oaly  a  part  of  it, 
and  that  eiprcsdly  burdened  with  all  the 
debts  be  tras  liable  (o  pay  ;  w  hereof  thii  pic- 
tended  debt  wan  Done,  and  that  the  marquii 
•fHoatly,  who  at  that  time  was  owing  to 
Ibe  maniuii  of  Arprle  35,000/.  sterl.liad 
got  4,00W.  iterl.  of  yearly  rent,  out  of  the 
narquii  of  Ai^'le's  fortaulture,  without 
tbebirdenofanydebt;  io  that  bodi  by  law, 
aad  «|ii^',  the  earl  could  not  be  liable,  tbe 
marquia  of  HuDtly,  and  not  he,  bating'  got 
that  which  aboulil  bear  this  relief,  and  whuh 
tlioaM  indeed  have  paid  the  far  greatast  pait 
of  tbe  marquia  of  Arvyle's  ddK,  the  same 
karinff  been  undertuen  Ibr  Hautly  by 
Alg^cMter  aseautiaDer  for  Huntly.  or 
■anaa  Btoiiej  to  pay  his  debt ;  bMides  that 
mfmil  of  Emri  can  uerer  make  it  appear, 
Mh^erUapredeoeaBors,  w«Te  bound,  for  : 
•^^WK^dt «  Argjle,  in  the  third  part  of ' 
kewnakaiaoclainia;  yet  tome  were  much 
■dtatdti  bdiMC  &nl  on  bis  bare  as- 


Ihat  of  juctMe-geueral  of 


»  only  a  part  of  the 
y  of  all  Scotland,  gTBUled  to 
,  aome  hundred  years  ago. 


Sj^poyed  by  them  vwtil  eipreasly 
L  .  i™t*  kia  Me  majesty's  bands,  ftir 
Jt^"**  Ike  above-mentioned  Justi- 
Ig.yg'^  *«-  And  tkia  new  grant 
^■.•••^■a*  ^  BaBj  acts  of  pwlia- 


ment,  and  particalariy  by  liia  ■^fotji 
royal  lather,  of  bfesM!dnl«nar(,iDl)M)■r■ 
flliament  bolden  by  bim  Anno  lOi. 
likewBabyUaoUDesivllut  DOW  ii  (i 
God  le«g  pnaenre)  bi&  new  fpli  and  cbvia, 
■IW  aeieral  iMato  betoro  him  ia  Jtm 
186S.  and  16Te.  Hliirit  opw  gdtt  uJ 
ciiaiten  wan  agaMnlMiij  by 


p«r)iamcM4MmAlAMA  %ii<>  it  UK 
coming,  v«lke  tmttMgri^t  nghbi 
good,  M  lei^  krtk  a«ij7£ft. 


rather 


*<(■- 

aflact  tfcawul  kis  risbs  n 

onimed  W  Ikan  ^ibSra  mi. 

lNaaalBMrl«,«idE»oen|ed  bm 

aMan  W  Ike  act  flabo  Jnre  UU. 

J  tte  oHAHgkto  Me  DMlicnk^ 

and  luDy  enefled  ■   the   body   of  A> 

urintod  act. 

"When  Ikeaa 

to  be  «nra_^ ^ ^._ 

tbe  fbttakaraof  tUhtoawiviiaaf  An^ 
kkeaala  waa  ■aaiwiid  to^  cn»a)Ml 
BO  oMiU  Mt  he  fUW  to  Ike  aad  ty* 

SSTto&fak  ktel^I^^SSSl 

be  fSund)  but  tbe  act  or  UkBiqB»Hi 
read,  and  containing  noiucb  than^,  tea 
the  <-ontrary  a  clear  power  left  to  bis  M- 
jesiy  10  dikpnsc  of  the  whole,  and  the  wl 
telling  tbcm  plaiuly,  that  these  tbat  oai- 
unsi  actiie  to  hsTe  his  &iba'  foA^Ki, 
were  lery  far  triim  desiHns'  his  ealate  ta  k 
anuexeil  to  tbe  crown,  seemg  it  was  in  (C- 
prclstion  of  gifts  out  of  it  they  were  mS- 
genl,  thai  ptetrnce  of  the  aonenlioa  wm 
past  from,  but  vei  ihe  design  wns  no  wi* 
given  over,  for  Acre  was  a  propositian  male, 
and  a  vole  carried  in  t)iG  articies,  that  a  em- 
tuittee  should  be  apiwinted,  with  paihanMa- 
larj'  power,  to  meet  in  the  inlerTals  of  fa^ 
Lament,  to  determine  all  cuntroreniescM 
he  moved  against  any  of  ibe  earl's  righB ;  I 
nbich  Has  a  Terj-  extraordinary  <le>ioe,  aid 
plaiolr  carried  by  extraordinary  inflneooB.  1 
'  t'tton'tliis  Uif!  ru'rl  appliwl  to  the  par1ian»ni'. 
where  this  vote  was  to  be  brought,  aid 
havti^  informed  the  memben  of  lus  rifit, 
and  tbe  coasequoKes  of  such  a  new  jodM>- 
ture,  he  had  good  hope  to  set  tbe  TOle  laa- 
versed,  when  his  royal  higbiieaa  as  lutiad 
thoughts  judged  it  &  to  pol  a  stop  to  it,  aad 
Hf,  avii^,  it  WIS  his  Bit 
al,  and  but  lately  in  a&ln, 
1  go  along  with  it,  be  he 
found  it  did  plaudy  iinpu^  his  major's 
prenigatiTr,  and  migfat  be  of  ill  consequeocc, 
and  mdeed  it  is  plain  enough.  It  waaU 
bare  exposed  the  ntarquis  of  Huntly's  gift, 
which  proceeded  on  the  same  Ibrlaiulun,  ai 
well  as  the  earl  of  Argyle's,  to  the  suae, 
and  Cur  gttaterhaard,  at  wane  came  to  ha 


TATE  TRIALS,  S3  Chables  II.  l()81.-/or  High  TrtM<m. 


[96^ 


hen  they  heard  all.  You  see 
It  rate  the  earl  was  pursued,  aiid 
roumls,  before  his  taking*  of  the 
1  hand. 

pariiament  was  adjourned,  there 
desi^  to  apply  to  his  majesty 
nissifin,  of  the  same  nature,  for 
ill  the  earl's  riglits,  and  to  depriyo 
heritable  ofhces,  and,  if  possible, 
him  with  more  debts  thao  his 
worth. 

h,tlieeari  waited  on  his  highness, 
ed  him  more  ]iarticularly,  offer- 
kc  it  appear,  by  unquestionable 
evidences,  that  his  estate  was  not 
my  such  review,  as  was  intended, 
roiglit  breed  the  earl  great  trou- 
old  have  no  effect  in  law.  To 
tiighness  answered.  That  a  review 
>  hurt ;  the  earl  said,  if  a  coni- 
a  review  were  granted,  some- 
be  intended,  and  something  must 
nd  it  was  very  like  that  some  of 
nto  such  a  commission  would  be 
s,  at  least  small  friends,  and  there- 
cd  tliat  if  any  intended  to  quarrel 
they  and  he  and  all  their  debates 
emitted  to  the  ordinary  jndicato- 
indeed  he  had  reason  to  desire 
>e  so,  the  ordinary  judicatories 
tlished  by  the  ancient  laws  of  the 
lot  in  order  or  with  respect  to  par- 
ises,  and  persons,  but  for  the 
[ual  and  impartial  administration 
0  all.  Whereas  the  g^ranting  par- 
imissions,  tor  tiying  and  judging 
ich  cases,  and  persons,  cannot  but 
he  just  contraiy  inconveniences, 
f  certainly  a  vast  difTerence  be- 
n's finding  a  judge  indifferently 
and  his  having  one  expressly  and 
f  ap[)ointed,  for  his  single  affair, 
possibly  think  himself  commis- 
her  to  serve  a  turn  in  an  arbitrary 
to  administer  fair  justice  :  but  all 
iled  not,  only  his  highness  said. 
»ion  Kliould  not  be  expede  until 
new  the  names  of  the  persons 
:  whereunto  tlie  earl  answered, 
miglit  be  many  persons,  against 
:ould  make  no  legal  exception, 
he  mi^ht  have  very  good  reason 

0  be  his  partitrular  judges,  and  to 
rights  taken  from  the  ordinary 

1  committed  to  their  examination, 
ni^t  possibly  gain  by  excepting 

0  irritate ;  addling  that  as  to  his 
fioes,  he  had  undoubtedly  right  to 

1  they  were  ratlier  honourable, 
drantage,  that  his  family  had 
liChfiil  services  to  the  crown  ;  and 
y  hud  served  more  faithfully  than 
MHin,  and  been  more  useful  than 
keeping  the  country  in  peatrc, 
s  and  robbers,  therefore  ail  the 
ind  their  patrons,  were  eiieinics 
I  hb-ikmily,  and  dcwrous  to  have 


K 


(( 


these  offices  out  of  his  hand,  but  he  resolved 
to  do  as  he  had  always  done,  to  put  himself 
in  his  majesty's  will,  and  if  his  majesty  werv 
resolved  to  have  back  all  heritable  ofHces, 
and  should  think  fit  after  hearing  him  to  have 
back  his,  his  majesty  should  have  them, 
either  freely  or  for  a  lUst  ^'alue  :  for  though 
they  rendered  the  earl  no  free  j'eariy  rent,  as 
the  carl  used  thcpi,  yet  he  might  be  a  suf- 
ferer intlie  want  of  them,  if  the  ooimtry 
were  left  open  to  thieves  and  robbers,  whicii 
he  hoped  his  majesty  woiild  repair.  His 
rights  (as  he  had  said  in  parliament)  were 
unquestionable,  and  often  times  confirmed ; 
vet  he  was  willing  to  surrender  them  all  on 
bis  knee  to  his  migesty,  but  was  not  willhig 
to  have  them  torn  from  him  witli  an  affiroDt 
by  any  other. 

Upon  this  his  highness  was  pleased,  to  allow 
the  earl  a  time,  to  so  to  the  country,  to 
bring  his  iiapers,  and  he  was  nut  in  hopes 
no  commission  should  pass  till' his  retiinip 
which  was  indeed  observed. 
In  the  mean  time,  the  earl  did  write  to  the 
earl  of  Murray,  his  majesty's  Secretary,  that 
he  might  have  leave,  to  wait  upon  his  ma- 
jesty, whicli  his  miyestv  did  gfraciously  and 
readily  grant;  the  earl  purposing,  at  his 
return  to  Edinbuivli,  to  be^  the  same  favour 
of hu highness:  but  he  round  this  motion 
more  faoil  to  him  than  he  coukl  hav6  at  ihrst 
expected  so  innocent  a  design  could  prove : 
for  it  was  at  first  told  him,  he  oould  not 
have  access  to  kiss  his  mi^esty's  hand 
without  taking  the  test ;  then  it  dn^  out, 
that  it  was  illtaken,  his  majesty  was  at  all 
addrened  to,  for  leave  to  kiss  his  hand  :  and 
at  length  it  became  plain,  that  taking  the 
test  wouM  not  clear  the  way; 
As  the  earl  was  on  his  return  to  Edinburgh, 
to  wait  upon  his  highness,  and  come  the 
length  of  Glasgow,  he  got  the  news,  that 
the  late  president  of  the  sessioa,  and  he, 
were  both  turned  out  of  it,  and  at  his  arrival 
at  Edinburgh,  several  meetings  of  cooncil 
were  appointed  only  to  occasion  bis  taloRig 
of  the  test :  but  the  ^arl  having  gone  some 
miles  out  of  town,  was  not  present.  At  last 
a  meeting  of  the  council  was  appointed  ex- 
pressly, and  one  of  the  clerks  ordered  to 
warn  the  earl  particularly  to  be  present ; 
whereof  the  earl  being  advertised  before  the 
clerk  came  to  him.  he  waiteil  on  his  highness, 
and  had  the  honour  of  an  opiK>rtunity  af^r 
supper,  to  speak  to  his  ro\  al  highness,  in 
hiK  bed-chamber :  the  earl  .told  his  highness, 
he  was  now  returned,  to  make  good  his  word, 
and  to  shew  those  virits  and  rights  he  had 

t»romise<l :  but  Sir  (said  the  earl)  I  have 
leard  by  the  way  ofalterations,  and  that  I 
am  tiimed  out  or  the  session  :  his  highness 
said,  it  was  so  :  the  earl  asked  what  next  ? 
His  highness  said,  he  knew  no  more,  llie 
earl  said,  he  had  never  sought  that,  nor  any 
place,  and  he  knew  that  place  was  at  his 
majesty's  dispose,  and  it  might  soon  be 
better  filMr  (at  said  the  eart,  if  it  be  to  nr* 


«63]     STATE  TRIALS,  S3  CUARLES  II,  \6il.—1iial  of  Ihe  l£tirlofAlJ^ 
higliiiM*,  aii<)  lUJ  in  the  n>Mt  M 


pntB  a  frowD,  Jt  is  tlie  lint  1  liate  had  rmtn 
Lii  niDJ«siy  iliis  SO  yens  ;  1  know  1  tmtc 
cnraiies,  liut  tbey  shall  never  mitke  itw  iilter 


anniu  liUjoilkiitutis,  whi-n  I  kn«w  1  hsKl 
imeinie*  on  my  ru>')>t  liaud.  aud  on  luy  IcA, 
anil  I  i*ill  di)  ml  trill,  Riil  it'  ituy'  hik*e  < 
IKKVer,  tVTiixlui'  bw  iiiiiKwtyur  j-(iiic  hi^i- 
iiew  JealoiiK  lit  mil,  ic  will  in»ke  luy  senicc  ' 
tbe  DiDTi:  vciL-li^!!  lu  IralUt  luil  the  less  l-odi-  { 
tollable  hi  niyiMtll':  his  bixhAcss  said,  be  , 
kafir  no  mor«  tbaa  wbu  he  had  said ;  the  J 
earl  Hum  «aid,  it  vm  tftte,  and  he  would 
«Mt  fn  his  htghnoss  some  utber  ttice,  abuut 
IhsBi:  mativri  ;  but  Uie  thing  ihnt  ut  preseiil 
pri!»iea  (says  the  earl)  is,  thai  I  hoar  one  of 
ibecleritB  iif  couafii  u  ajijiftinttid  lo  lellmt 
tu  beadhe  rouncil,  la  morrow,  1  iinncifive, 
to  lake  tbc  tetl  ;  pray,  wliat  ii  ihe  lisste  ? 
KMy  not  I,  with  joiir  bighnesa's  lavour, 
have  the  lime  aUoned  by  ibe  act  of  narlia- 
ment  ?  His  hig-bntEs  said.  No.  Tlic  rnrl 
nwcd  it  a^n.  hut  in  cain ;  aail  all  the 
delay,  be  could  obtain,  was  till  Tliursday 
tb<i  Sril  N<iv)iaibi>T,  tbe  next  council  day  in 
Wun>e.  The  earl  said  Iip  was  llie  Ws  iond 
of  tbe  t£St,  ibal  he  tbuod  that  some  lliat  re- 
iiwed  it  were  Still  io  lavour,  and  utbos  that 
tw*!  taken  it  turned  out,  an  the  register,  nt 
whuh  Us  high  nee*  imly  lauj^hed ;  biit  Sir, 
MMl.the  earl,  bow  cohuh  your  bii^ness  to 
prcM  ilia  lest  so  baatily  ?  Kurs  Ibere  are 
wiiit^  tltin|0  in  it  your  holiness  dolk  ntit 
ovet  iimdi  like ;  tlien  said  hiij  higbiii^ss, 
''Overly,  and  in  a  passuin  :  nuMt  trui',  that 
(est  van  beoug-bt  iolo  the  parlian^eiit,  witji- 
oiil  thecoiitbuionof  tbitb  :  but  tile  late  pre- 
jidi'nt  caus^  jiui  in  thfe  contessiou,  which 
makes  it  such  as  un  honest  man  cau  take  il ; 
tlie  «ad  fud  he  hod  the  more  reasoa  (u 
advise :  whereby  you  may  i«e«,  whether  his 
highoess  Aeo  tliuiigtit,  the  conte^ion  whs 
to  beBWomto  in  the  Kst,  or  not. 
"  Afiur  tbk  tbe  earl  waibul  several  limes  un  bis 
liiglfue^,  aod  niaile  uew  8ttuin|>tK  tor  ibr^ 
tavuui  of  a  delav,  but  with  no  succi»s  - 
What  passed  in  private,  shall  not  be  repeuted 
except  so  far  »H  is  ah^ilutely  uct^cssarv  lo 
evince  the  earl  his  innoi^eiicy,  and  to  shew 
that  ill  iviiat  he  did  be  bad  oo  ill  des^, 
nUTjlid  in  the  least  prevacicsle,  or  give  any 
ofliUM  willingly,  but  wm  ready  lo  comply, 
aji  Smi  ati  be  could,  with  a  good  conscience : 
'       ' '     '  '  r?al,  lliat  the  earl  spoke 


tions  1  here  geiMl  you,  only  the  couiicii'i 
planstion  was  ant  yet  tbougfat  on  :  And  that 
all  the  hislu>p  diil  then  urge  tho  end  with, 
beyond  wbat  Is  his  viiidieitiiou,  wostobave 
•  earn  of  a  noble  tiuuily,  and  to  tell  hini, 
that  the  Duposing  the  exception  of  the  king's 
BOUB,  and  brothem,  trom  takuig  tbe  lust,  had 
tii«d  tbe  kibi. 
"  At  lliL-  Jast  upon  Wcdiussday,  tbe  sooond 
of  ,^lQf  en^KT,  lale,  tbc  earl  waited  on  hi* 


pi'^mrit  taking  of  tltti  leat  i  bat  if  ji 
would  D«uds  have  iipim  iilliilii  J 
hb  tavf^,  that  be  wooU  aca^CH 
iiiv  it  in  pritsle,  whieti  mm  M 
I'bun,  he  said,  if  hhi  liijiliiiiMrt 
him  liuie^  lo  go  faeine  and  onAM 
eidiergite  wiisiB;ition,ordMiiM 
by  the  act  of  parliament  wealU 
so  ]i-^  would^  ofTin  coiirJtjmil  tit 
liut  tiiib  also  Ilia  htgbiMM  abNfet 
e^l :  Upon  which  tbe  «iirl  uMirJ 
bin  aupcarini;  in  nniUQl,  to  Hi 
would  do  ?  His  hiuhueM  was  (t| 
Kwer,  that  he  need  nol  a|iprar,M 
some  friend  to  speak  fur  him ;  u) 
ness  himself  named  ime.  Tbiilbv 
ed  to,  B«  tlie  best  of  a  bad  oboiit 
be  should  either  use  the  person  M 
llighness,  or  some  other  relatiOD  fl 
counsellor,  and  in  town;  And,  in  ^ 
with  bin  hiffliness's  pleasure,  the  t 
ing,  the  earl  drew  a  letter,  (at 
to  tile  same  penon  his  bigbnesa  1| 
for  dedariog  bis  luiiid  iu  cound 
ia  he  cxpresM'd  tiis  coiii'taat  rat 


jcct,  nbioh  w 


(^  tbe  IT 


It,  ani  1 
end*  tj 


Duttbe  letter  concluding 
tbc  oatii,  and  bi«  tii^OM*  b«i 
some  i-.iilLealioii,  bow  little  fdai 
office  waa  to  him,  nettber  that  il 
any  other  would,  by  any  toeaac, 

Upun  this  the  earl  drew  a  second,  * 
letter,  to  any  that  should  that  d 
in  coimcil ;  but  afler  niui-b  dii 
being  suggested,  that  an  explain 
be  allowed,  mid  the  ahortec  t 
the  earl  lirst  drew  one,  aulliddQ  ' 
Ih'jughts;  and  it  being  thought 
did  instantly  shorten  it,  and  put 
poeket,  but  withal  saiil  he  wodi 
It,  till  he  knew  bis  hiehnesa'a  {Je 
his  ld;;lme>is  mi^bt  t^te  it  ill  th 
prevailed  inon-  with  him,  than  hit 
lUerefore  (he  eai'l  did  refiiae  to  go  k 
cil,  or  out  of  his  cbamber,  lilL 
a^iprohation.  A  little«tler  a  com 
for  the  cari,  aud  it  was  tuld  U 
room  without  the  coandl  chainb* 
bisbcip  of  l^dmlnirgb  bad  spoke  • 
ness,  aud  HigniAcd  lo  him,  thattt 
willmg  to  take  tbe  test,  with  an  e 
"vod  that  the  bishop  saul,  it  ^ 
very  kindly  aecepte^  fh^  w 
lire^  words,  and  then  (and  not  III 
earl  weat  iuia  the  council,  aud  M 
is,  pronounced)  his  explanation  tf 
hiifUiii:^,  and  directly  lowatds  Ui 
and  audible,  that  some  in  tbe  M| 
of  llie  room  acknOwkidgnl  OS 
whereupon  the  (Miib  wnxadntiiMt 
earl  took  it ;  and  his  hixbn  ■ 
NstislioU  counteDimoe,  and.  *> 


STATE  TRIALS,  33CiiAnLE9  II.  1581.— /or  High  Treaton, 


[966 


he  mt  by  his  liighnens  (which  was 
:tf)  do  that  day)  his  liii^hness  spake 
ueft  privately  to  liini,  and  always 
aoUy. 

mi  hath  since  protested  to  his 
lat  he  thinks  his  ni«,^hness  was,  at 
frell  pleased,  thouu^h  some  otiicrs, 
ed  the  earl  out  of  the  coiiucil, 
surprised,   and  in  some    confu- 

iiinjgr  came  to  be  treated  of  in  coun- 
tiie  earl  had  taken  his  seat,  was 
Ts  explanation,  at  that  time  intend- 
sotveii  to  be  aiIowe<l  to  the  clci-^^y 

no  otlicr,  and  withal  not  to  Ih; 
To  w  hich  the  earl  refused  to  voto, 
i  atterw  urds  made  a  ground  of  chal  - 

little  aflei',  it  being*  the  post  nii^ht, 
teut  out,  and  went  to  his  lodgpng", 
h  iicacknowledsjfes,  he  did  not  de- 
ve  some  frionds  an  account  of  what 
vet  he  was  so  far  fn>m  spreadinfif 
lis  explanation,  at  takinsr  the  oath, 
utly  n*fused  to  g^ve  a  kind,  and 
rieiiil,  then  in  his  chamber,  a  copy 
Kt  it  mi^ht  go  abroad :  And  the  ' 
ifi^  few,  and  pnbticiy  s])okc,  it  is 
e  the;^'  mi.>ht  be  almost  peHectly 
»s.  it  is  known,  the  clerks  pretend - 
lilt  the  kind's  advo<*ate  having  past 
iccnK:iii«m  of  spreading,  this  is  <in]y 
I  to  evidence  now  Rintjrlv  studious 
as  to  K;itisfy  his  ow  n  constMence, 
pnder  of  giving  ofiV-nfc,  fori  can 
lor  him,  he  was  never  heard  to  dis- 

to  Uikotht:  test,  nor  to  disparage  it, 
St  in  an  act ;  only  he  refused  to 
himself,    witliout  an   explanation, 

stretch  to  a  crime  is  b(*yor.d   all 

I    confess,    he    nc\er    cried   it 

iperexcellent,  or  di>inr,  as  somc 

i  that  can  alt^^r  their  ttme,  and  dc- 

iDUch,  whenever  there    shall    be 

mominfif  the  earl  wnite<l  on 
3SS,  expecting  vesttTnight^scouiitc- 
id  indeed  nothmg  less  than  \iliat  he 
;  for  lieginnin^  to  K|>eak  with  his 
in  private,  his  highness  intfrrupttul 
iaifl  he  was  not  pleased  with  hisex- 

Tlie  earl  said,  he  did  not  presume 
till  his  highness  allowed  hini :  His 
ackno^le«lgf*d,  that  the  bishfip  of 
h  b»A  told  hhn,  that  the  e»rl  intend - 
lanation :  Rut,  suys  his  highness.  I 
t  bad  lK*en  s<iine  shnrt  one.  like  earl 
rry's:  The  earl  answered  that  his 
heard  wluit  he  said  :  His  highness 
id,  hut  he  was  surpris<Ml :  Then  the 
be  hnd  said  the  siiine  thing,  in  pri- 
I  hity(iiness,  where v«  ith  he,  at  t  hat 
ctivd  satisfied  :  And  the  earl  being 
Ay  more,  in  his  own  vindication, 
Mintemiptingsaid,  IVelK  it  is  |>ast 
,  bal  it  shall  pa^s  so  with  no  dttier, 
liiy  the  cari  thought,  did  lH)th  con- 
MMl*f  acceptance,  and  his  expla- 
in. 


nation,  and  sufllicientlj  clear  him  from  all 
offence,  if  he  had  incurred  any. 

*'  And  whatever  hafh  been  his  highnesses  reso- 
lution, or  the  earl's  mislbrtune  since,  the  earl 
is  |»ersuaded  that  his  higiiness  was  resolved 
then  to  push  the  affair  no  further,  tor  though 
some  had  still  the  same  animosities,  and  pre- 
judices against  tlie  earl,  yet  hitherto) they  had 
not  adventured  to  undertake  to  extract^  and 
forge  such  crimes,  out  of  his  words,  as  afU^r- 
wards  they  did :  And  it  was  not,  till  private 
suggestions  were  maile,  tliat  advocates  were 
askei,  as  they  were,  if  these  words  could  be 
8tretche<l  to  'treason  ;  and  that  (when  the 
ablest  denietl)  the  kiug*s  advocate  complied, 
and  was  ordered  to  draw  the  indictment,  ami 
somejud^rps  wereengai^t^,  and  sctoired  atxmt 
it,  as  will  ap|»ear,  whenever  his  majesty 
thinks  it  hbi  interest  to  take  an  exact  tnal  of 
that  whole  affair. 

<*  Tile  eari  did  tliiiik,  as  T  just  now  said,  his 
higI?iH*ss  saying,  it  was  past  as  to  him,  was 
iMiouffb  ;  he  was  n*solve<l  to  say  no  more  lor 
ju.stifying  hims«>lf,  but  sc^eing  he  is  so  hnr<lly 
pressed,  and  his  life,  and  honour  at  thestake, 
it  is  hoi)e<l  his  highness  will  not  disown  what 
the  earl  hath  hitherto  so  respectfully  conceal- 
ed, and  is  now  no  less  necessary  to  Ih^  spoke 
out  for  his  vindication.  And  that  is,  that  Im:- 
sides  that  his  highness  ilid  allow  the  earl  to 
explain,  and  did  hear  his  explanation  in  coun- 
cil, and  approve  it:  The  earl  did  twice  in 
pri\ate,  once  before,  and  once  after  his  oath 
m  council,  repeat,  to  his  highness,  the  wuno 
words,  that  the  treason  is  now  founded  on  : 
viz.  That  the  earl  meant  not  to  hind  up  him- 
self, to  wish,  and  endeavour,  in  a  l.iwtui  way, 
and  in  his  station,  any  alteration,  hetiuuighl  to 
theadvunta^eof  church  anil  ktalc,  not  repug- 
nant to  the  protestant religion,  and  his  loyalty: 
and  that  his  hi«rhness  uas  so  far  from  clinrg- 
ing  them  with  tn'ason,  that  he  SJtld,  plainly, 
both  times,  theearrs  scruph-*<  were  uiineces- 
sary,  and  tliat  the- t<-st  diil  nut  hind  hint  up  as 
he  iuiagint-il;  adding-  lurlher,  the  last  time, 
that  the  earl  had  elieafed  himself,  for  not- 
withstanding the  e\planati<in,  he  had  taken 
the  test.  To  which  the  earl  only  answenil, 
that  then  his  highiu'ss  should  be  satisfitrd. 
.  Now,  aOer  all  this,  that  treaMHi  kIkiuM  he  so 
eariK'sfly  searched  for,  and  so  ground iessly 
found,  in  tliose  words,  is  it  not  strange  he- 
yoiitl  all  example:'  CtudditlH-  treason  for 
the  earl  to  sny.  He  \«ill  not  hind  up  himself, 
when'  his  hi^line!«s  suysso  oft,  and  so  plain- 
Iv ,  ft  was  not  iiueniied  that  he,  or  any  man, 
should  Im.'  Ixiund  up  '.' 

'*  A\  hat  pavserl  the  next  ilay,  after  the  earl  had 
taken  the  te^l,  and  was  n'<'eiv(>d  hy  theeoiui- 
4'il,  is  also  pi-oper  lor  you  to  know.  The  oiul 
iMMUi^  t'f  lake  it  as  one  of  the  commissionn's 
ol'the  Tnasiir\,  it  wtis  conmionlv  thoii<^|it 
that  he,  and  tin*  other  couunissioners.  ueie 
to  takt-  it  in  the  Iv\chequ<T  ;  hut  atlw  tc:i  of 
tlie  elocL.  aitout  two  hours  after  tlit  eai) 
,  had  pnrt4il  fn»in  hls^  highness,  one  tti!d  him 
there  was  a  design  upon  him,  to  make  him 
3  K 


I 


Bwearnnce  more  before  tlip  council ;  Andac- 
ronliiigly,  at  twelve  ihere  hu  bii  exlrannli- 
nnry  council  colk-d  Jn  the  Abbey,  and  tliere 
H  itat  fuunil,  Tbnt  the  cnmmisaiDners  of 
Tfenswry,  as  adicers  of  the  Cruwn,  wore  to 
lake  lliu  ust  before  the  couDcil ;  anil  it  was 
lohl  llip  earl  Ihdt  the  Excheqiicr  enuhl  nut 
tliat  il^  sit  nitbont  him.  Ami  lo  make 
ibt!  mutter  more  «uletiin,  it  was  reisulveil  thai 
the  CDunril  bIioiiIJ  Dieet  that  aAeruoon, 
andthalhishighnessBboalilbepi'eaent:  so  as 
•onBOs  they  were  met,  UieoaUi  was  tendered, 
and  (lie  earl  offei'io^  to  take  it,  and  saving 
only  these  words,  asbcfore,  tticeu'l  of  Jivx^ 
bur^b,  uever  bearti  to  sitvik  iii  council  till 
then,  iitood  up  behind  bis  highness'Bcliair,  and 
with  clamour  aaked  wlial  wa»  s»\d :  To  whom 
his  highness  was  iilfSKnl  to  turn  Biid  infnrm 
him;  iiiMMi  which  Roibui^,  |ire|iarc<l  fur 
tlie  tiurp,-<«e,  desired,  tlirt  w*at  the  earl  of 
Argyte  had  iiB|d,lfae  day  before,  might  be  re- 
petited  :  Which  the  earl,  seeing  a  de»<rn  upon 
ilim,  did  at  fir<t  decline,  till  he  was  iienrnii- 
torily  put  to  it  bv  hiB  bighness,  and  he  being: 
ingenuous,  and  thinking  no  eourw  man!  pro- 
mrln  prermt  mistaki^ii  uf  words,  he  said  he 
Utita  note  of  what  be  had  said  in  hispoi-tct, 
wliich  big  bii^hneits  called  for  very  earnestly, 
and  comnianded  biin  to  produce ;  which 
,  btnng:  done,  and  the  papev  r«w),  lo  secure 
was  the  earl  ufbts  innocency,  tliol  be  was 
witlm;{  upon  the  finrt  motion,  tn  dgti  it : 
but  the  then  new  president  of  the  session, 
noiv  chancetlor,  and  the  new  register,  could 
nota^^pree,  wbi-ther  it  was  fit,  or  tiot,  the  trea- 
son not  yet  Hpuearinc',  wbcu  read  in  uouncit, 
as  when  they  had  taUced  of  it  in  pri*ale ;  so 
the  eail  was  removed,  and  then  calleil  in, 
and  after  these  two  bad  whetted  and  uiyusted 
their  inventions,  he  was  desired  positiiely  lu 
Bt^  tbe  paper  behad  «ren  in.  Towhicbhe 
■nswered,  he  raennt  well,  and  Indy  did  si 
ill  in  the  inper,  why  he  might  not,  and  if  the 
words  did  please  ihern  then,  as  they  did 
when  tliey  were  first  pronounced,  he  irould 
do  ii :  hut,  if  they  found  the  least  matter  of 
ditplcasute  in  them,  he  wouhl  fbrbenr  : 
whereupon  being  aglun  reraaved,  and  called 
in,  he  was  told,  be  had  not  given  the  satislac- 
tion  reauircd  by  the  act  of  parliament,  ir 
takinir  the  Test :  and  so  could  not  sit  in  tht 
coubcll,  and  somewhat  more  was  added,  as  if 
"the  matter  drew  deeper,  hnt  (be  particular 
words  I  do  not  know  :  (o  which  the  earl  said, 
ttmt  bejudged,  alttiie  parliament  meant  was 
to  e.Tclude  refusers  ot  the  Test  from  places 
of  trust ;  and  if  he  were  judged  a  refuser, 
be  submitted,  but  couW  t"oncdve  no  greater 
danger  in  the  matter,  for  he  had  sened  his 
majesty  lahbfuIlT  »itbin  douts,  and  was  n:- 
Eokeil  to  do  so  without  doors,  and  bo  he  made 
bis  obeisance,  and  went  out.  Next  morning 
betii)r  Salunlay,  Nnteniber  5,  the  earl 
wniKd  on  his  royal  hlgbness,  and  amongst 
Other  things,  (old  his  highness,  he  was 
strongly  siirprised,  that  the  saying  lie  rouM 
OM  bud  a{i  tuiiwalfiii  liiH  Uatiua  and  in  ik  kw- 


t'ulway,  5tc.  as  wascantaJDcdiiKi 
waa  looked  on  as  a  crime,  sreiii^  bi 
the  same  wordn  U>  hie  higbnuHfii 

Erivatcj  without  aoy  oHince,  to  i 
igbucGS  gnTe  no  answiT,  but  hvld ' 
which  made  the  earl  make  bald,l< 
to  remember  his  own  wotds,  «; 
him,  what  he  had  said,  whenthtn 
ly  spoke  to  hini  :  then  his  faif 
pleas«l  to  say,  he  had  Ibrgot  »l 
said;  (owhich  the  earl  ansuTrtil, 
indeed  for  me;  but  Sir,  here  w 
words,  I  formerly  said,  tvilhoulaff 
sa>syourhigline»snow?  nhatdl. 
Let  me  know  and  1  tiill  lindia 
And  all  his  highness  at  this  scconc 


they  were  unnecessary  words,  lb 
scruuled  needlessly,  tlial  be  wai 
by  lliat  oath,  a^  he  imagined  ; 
pause  added,  as  1  have  already  lot 
yuu  have  rheatMl  yourself,  you  ' 
ilie  Test  :  tn  which  the  earl  : 
bopeil  then  his  highness  was  s» 
almvel  his  highness  then  began  ti 
that  tbe  carl,  the  little  while  he  a 
cil,  afli^r  he  had  tnkcu  tbc  oath,  K 
along  to  apuroTe  the  council's  e 
tb«  earl  said  he  had  not  heaird  t 
and  therdbre,  it  was  ivaaunablr 
him  fi'om  voting.  His  highness 
little  warmly,  that  the  earl  kne 
veil  enough  (wbieh  indeed  was 
and  yet  not  ut  ull  strsDge,  that  ih 
not  vote,  for  that  explanation, 
could  not  faui  know,  the  parliamei 
the  confussion  should  be  sworn: 
himself  had  taken  it  in  that  sense, 
had  done,  before  tliat  explaoal 
council)  but  the  earl  replying  t 
highness  contiuued,  that  the  ear 
had  designed  to  briug  trouble  upi 
ful  of  poorCathobcs,  ihalwoubl 
ably,  Iiowcverthuy  wereused,  b 
light  upon  otliera. 
'  A  liulc   after,  bis  highness  com 


1^.° ; 


t  of  tl 


I  him,  which  the  earl  said  ke  si 
but  notwitbstaoding  thereof  one  i 
of  the  council  was  sent  to  the  eai 
night,  late,  lo  intimate  to  him,  c 
of  town,  till  tbe  couucil  should  ■ 
Tuesday  itiereafter. 
'  Upon  Aionday,  the  tth  ofNoven 
waited  on  his  highness  again,  k 
he  was  surprised  lo  get  such  a  m 
the  council,  after  his  higboeas 
own  commands  v{ioa  him,  and 
the  couufil'.i  meuniti^  could  be 
ness  was  picasi.-d  lo  say,  he  kw 
but  reJerreil  all  to  themselves,  al 

'  Upon  Tuesday,  the  8th  of  Nom 
tbc  council  met,  wiibout  evtr 
earl,  an  onler  was  sent  to  bin 
their  clerks,  to  enter  himself  pr 
ca»tl«  of  Ediubiir^j^,  bdim  flf 


J 


STATE  TRIALS,  33  Chablbs  II.  iGSl.^for  High  Treason. 


[870 


day,  with  a  warrant  to  the  deputy 
,  to  keep  him  priKoiier,  wherein  the 
e-fimiaucc  was  sinif^k  out,  which 
to  have  been  fairly  writ  :  tliis  order 
rt'ccived,  and  obeyed  it,  with  gi  cat 
«,  entering  all  alone  in  an  haekmy- 
ind  when  some  ot*  his  relations,  and 
if  quality  oilVred  to  ^o  alon^  with 
efused,  saying,  that  if  he  were  par- 
te instaniv  of  any  other  he  w  ould 
'  their  civihty,  but  siteiu*/  he*  was 
tt  tlie  instance  of  his  majesty's  ad- 
e  would  Efo,  in  the  uio:{t  liumble 
he  could  think  on.  and  have  nobody 
J  but  himself. 

bis  did  not  hinder  the  council,  to 
lis  majesty  the  letter  licreafter  in- 
ng  judgment,  before  trial,  without 
ing,  and  seeking  leave  to  proceed 
^ss,  whidi  they  likewise  proceeded 
e  any  return  c^me,  as  Ukewise, 
!  very  date  of  this  letter,  they  emit- 

exkdanation  of  the  te^t :  albeit  in 
>r,  ttiey  assert,  That  they  had  been 
:fu]  not  to  suffer  any  to  take  the 
gloeses  and  explanations. 
,  some  days  alter  his  entering  pri- 
}  the  casitle  of  l^diuburgh,  did  write 
to  his  ro\al  highnesii,  telling  him, 
lad  obeyed  his  highnesa's,  and  the 

order,  in  entering  prisoner  in  that 
at  he  had  not  written  kood'T,  le^t 

be  thought  too  impatient  of  his  pu- 
;,  M  hich  appeared  to  be  the  effects 
\\  displeasure,  which,  he  hoped,  he 
J<*s«;rved ;  that  he  \i  as  resolved  to 
in  all  duty,  and  ol>edieiice  to  his  ma- 
dhisro>al  highness,  and  never  to 
y  profeiiision  thereof  he  hail  made  ; 
tM  to  know  what  satiafartion  was 
,  and  wheiv,  and  how,  he  might 

his  highness  favour. 
T,  at  first,  Recme<l  to  pU-ase,  and^ 
hesird,  it  did,  but  the  only  aaswer 
rctiirneil,   was  summons  i-harging 
Hitli  leasincr- making,  and  depraving 

lietorc  ttr.y  returu  from  his  ma- 
111  afW  a  return  came  anotber  sum- 
ih  sound  of  irLim|)et,  coniaiuing  pcr- 
trc*as4in,  added  to  the  former  crimes: 
anding  ali  which,  fair  weather  w  as 
d  it  was  «riven  out,  and  Ukewise  in- 
)  the  earl,  by  a  imrticiilar  mi.-s<iag(> 

of  the  club,  that  no  more  was  d(^- 
Nit  to  humble  the  «*arl,  aud  to  take 
:tble  and  other  o(lic<'s  friim  him, 
uuily,  and  when  bis  bighueiM  was 
IS  bard  measure,  by  such  a  pnuress 
inch  pretensicms,  to  threaten  life 
ne,  hia  highness  said,  Life  aud  for- 
«d  forbid ! 

ppeoed  after  these  things,  ami  how 
■i  was  carried  on,  follows  now  in 
■d  for  your  morc^  clear,  and  distinct 
OOf  I  nave  sent  you  several  vtTy 
f  and  useful  papers,  with  ludejces, 


Some  other  passac^  omitted  in  former  Edi- 
tions of  the  State  Tnals  are  here  supplied.] 


Edinblrgh,  November  3,  16G1. 

His  Hoyal  Highness,  bcc, 

Athol  Praises,  Levingston, 

Montrose,  Buhop  of  Edinburgh, 

Arp[yle,  Elphinston, 

'IVmton,  Kosse, 

Linlithgow,  Dalziel, 

I'erth ,  President  of  Session^ 

8tratlimore,  Treasurer  Deputy, 

Roxburgh,  Uegistcr, 

Ancram,  Advocate, 

Ail  ley,  J ustice  Clerk, 

Balcarres,  OoUintouu, 

Lorn,  Liuidie. 

IHIS  day  the  aarl  of  Argyle  having  firat 
openly  dechured  his  sense,  as  you  have  it^^here- 
after  set  down  in  his  explication,  took  the  Test 
as  a  privy -counsel  lor ;  and  after  he  was  called 
to,  and  bad  taken  his  place,  tlie  council't  ex* 
plication  having  been  read  and  debated,  was 
put  to  the  vote,  and  passed,  the  earl  not  voting 
tliereto. 

EdinbuiIgh,  November  3,  1681. 

The  Privy. Council's  Exjdan^on  of  tlie  TefT. 

Forasmuch  as  some  have  entertained  jealou* 
sies  and  prejudices  against  the  Oath  and  Teal 
appointed  to  be  taken  by  all  persons  in  public 


swear  to  every  proposition,  or  clause  of  th^ 
Confeaaion  of  Faith  tlierein  mentioned ;  or  that 

*  This  Act  was  as  follows : 

*'  Act  anent  Religion,  aud  the  Test.  At  Edin- 
burgh, tlie  last  day  of  August,  1681. 

*^  The  which  day,  our  sovereign  lord  with 
bis  estates  of  parliaiuent,  eonaidering  that  al- 
beit, by  many  wholesome  laws  madp  by  his 
ro\  al  graudfatlier,  and  father  of  glorious  me- 
mory, and  by  himself,  in  this,  and  his  other 
(larliamcnts  since  hu  happy  restoration,  tlio 
i'rotestaut  religion  is  carefully  asserted,  esta- 
bhshed  aud  seciured,  against  po|iery  and  pha- 
naticism :  3  et  tlie  restless  advei*Haries  of  our 
ix'ligion,  do  not  cease  to  propagate  their  rrrours, 
and  to  seduce  his  majesty  'a  subjects  from  their 
duty  to  God,  and  loyalty,  tu  his  vice-gerent,  and 
to  o\  erturn  the  cstidilished  religion,  b\  intro- 
iluciiig  tlieir  8U|Mn'&titions  and  delusions,  into 
his  church  and  kingdom.  And  knowing  that 
nothing  can  moru  iucrefisi>  the  numbers  and 
couliiience  of  papists,  uml  hhismutical  dissent- 
ers from  the  established  cliun^h,  then  the  su- 
nine  neglect  of  putting  in  execution  the  gtNKl 
laws  pruvidtil  against  them,  t^igether  wiib  thrir 
ho|a,'s  to  insinuate  thiMitfches  iuto  othces  and 
places  of  trust  auti  public  ciuployuient.  Therc-« 
fore,  his  maicsty,  from  his  pnuccly  and  puMis 
xeal,  tomauitsin  and  prescne  the  |>rotestant 


671]   ST\T£TRIALS»  33  Charles  II.  iG^l.^TrM  of  (he  EarlofArg/k,  [vi% 


invasion  were  made  by  it  upon  the  intriniiic 
spiritual  power  of  the  church,  or  power  of  the 
keys,  or  as  if  the  present  episcopal  g'overn- 
inent  of  this  national  church,  by  law  establisli- 

religion,  contained  in  the  Confession  of  Faith, 
recoi'ded  in  the  first  purl ianietit  of  king  James 
the  Sixth,  which  is  founded  on;  and  acfreeable 
to  the  written  word  of  God  ;  docth,  with  advice 
and  consent  of  his  estates  of  parliament,  requii-e 
and  command,  all  his  oiHcrers,  judges  and  ma- 
gistrates, to  |Mit  the  la>\s  made  at^ainst  popery 
and  papish  priests,  Jesuits,  and  all  persons  of 
any  other  order  in  the  poitish  church,  espet*ially 
agpainst  savers  and  hearers  of  mass;    venders 
and  dispersers  of  foi  bidden  IxKiks,  and  ressetters 
of  popish  priests,  and  excommunicate  papists : 
as  als(»,  a^iinst  all  phanatick  se|>aratists  from 
this  national  church;     ag^iinst  preachers    at 
house,  or  tield  con^  onticles,  and  (he  ressetters, 
and  harbourers  of  preachers,  who  are  intercom- 
mitued ;  as^ainst  disorderly  Itaptisms,  and  mar- 
riages, and  irregular  ordinations,  and  all  other 
shismatical  disonleis,  to  full  and  vigomus  ex- 
ecution, according  to  the  tenor  of  the  respc*ctive 
acts  of  parliament  thercancMit  pro\  ided :  and 
that  his  majesty's  priucely  care  to  have  these 
laws  put  in  execution,  at^'ainst  those  enemies  of 
the  protestant  rtli^rion,  uiay  the  mon-  clearly 
at^pear :    he  doeth,  with  advice    and  consent 
atbresaid,  statut  and  ordain,  that  the  ministers 
of  each  paroch,  give  upinOrtobiT  yearly,  to 
their  respective  ordinaries,  true  and  f*\uct  list.s 
of  all    pa])ist.s,  and   sehismatical  x^ithdrawers 
from  the  ]uih]i<'  woi-ship,  in  tht  ir  n'sjurti\e  pa- 
re rln^  ;    \*lii<h  lists  are  t«»  hr  snl»»^(TilKMl  by 
tluiu,  and  that  the  lushops  ^'i\<- in  an   double 
of  tiie  saiil  li>ts  sulist  ril»e<l  \n  them,  to  the  n-s- 
luM^tm;  shtM'ifIs,  st<"\vanK,  bailu's  of  ro\idtv.  and 
rt'i^'iilitv,   and  ni.iiri'^tratrs  <»i'  l>iiri:hs,    to    the 
effect  ilie  >iii«l  jinljiTs  nia>  jn-ccird  against  them 
areordin^'  to  law  :    as  also,    ilu-   s|,<  ilfVs,   and 
other  mayistrates  aronsaul,  an*  hiTi  ])\  ordainc-d 
to  i;i\c  an  account  to  liis  niai(stv''s  orivy  coon- 
oil  in  DiTfiiiU'r  V(\'irlv,  of  tlu*iv  nroci'pdiucfs 
ay'amNt   thoso  ]»a|iisi.s.    and   phanatioat    sfpa- 
rati»<ts,   as  tlu  y   \mI1    Im^    ans\>rnihlc  at  tluir 
hij^lu'st   peril.     And    that   iho   dili;^»nces  done 
by  the  sht-riHs.  bailiivs  of  n  L'-alitirs.   and   otlur 
ina<»'istratrs   lorcsuid,    may  Im*  tlie    Im  ttir    cn- 
({uircd  into  l)\    thr   <-iMmnl,  liio  liishops  rit'ibc 
resprcti^r  dioct'ss«s,   are  to  sriul  r\art    doiiWes 
of  the  list  <d' (he  iKipi-ts,  ai.d  plsaiiati'-ks,  t<»  the 
clerks  of  iniv\  council,  wlunhv  tin- diliifi  ncrs 
of  the  shiTitVs,  i«nd  oilier  jud^is  tnrcsai<ls,  niay 
be  controlled  and  e\aniinf'd.      And  to  v\n  ollall 
hopes,  from  pajMsts  ;.Md  phanatieks   of  tli<  ir  l)i*- 
in«>  inip|4>>ed  in  otiit  ( '•   ami   jdaces  of  pnl  lick 
trust,  ii  is  h.  re  l»\  statut  an«l  onlaiied,  that  the 
foliu\vinjjj'  oath  studl  In.*   taken  by   all  |WM"sons  in 
i»Hi'"<'s  and  |i!ac«s  td'  publick  trust,  civil,  ecile- 
siasticuk  and  inilitar\  ,  e^^pecinIlN  by  all  members 
of  parliament,  and    all  eet  tors  oi"  no  ndxTs  ol 
parliament,  all   priv\  coin»s«'lNM>,  buds  (»f  ses 
binu,  mcnd)ers  ot'exclMfjUfr,  lords  t»f  jnstieiary, 
and  other  mcmlx'rs  of  these  comls  ;  all  otHcers 
of  the  crown,  and  Mate,  all  urch-bi&hops  and 


ed,  were  thereby  exposed  to  the  haiard  of  iV 
teration  or  subversion :  all  which  an  lar  ftn 
the  intention  or  design  of  the  parliameiilsiB- 
posing  this  oath,  aim  from  the  gmimie 


bishops,  and  ail  preachers  and  miuisteis  of  tke 
gos|>el  whatsoever ;    all  peraons  of  thii  lof- 
dom,  nan^  or  to  be  nailed  oomnusaMMMii  kr 
the  borders;  all  members  of  the  eomiBMi 
for  church  ailairs ;  all  sheriifs,  8leirardi,U' 
lies  of  royalties  and  regalities,  justices  of  Ae 
l»eacc,  ofiicers  of  tlie  mint,  conimisMiiHi 
their  deputs,  their  clerks  and  fiscals,  illadi^ 
C4itesand  procurators  before  any  of  tbettoom^ 
all  writers  to  the  signit,  all  puBlick  nonm,  mi 
<»ther  iiersons  imployed  in  writiD|r  or  ageiidii|f 
the  Lyon  king  at  arms,  herauloSf  pansetiMi 
and  messengers  at  arms ;  all  cullectoan,  wi^ 
collectours  and  iermourere  of  hit  majaliri 
customs  and  excise ;    all  magistnts,  doH  4 
gild,  couucilUrs,  and  clerks  of  borgharajrilHi 
regal  it;y  ;  all  deacons  of  trades,  and  daoH 
convceners  in  the  saids  burehs ;  all  mastaftfl ' 
doilors  in  universities,  coUedges,  orschooh; 
all  chaplains  in  families,  pcdago^estochildnii 
and  all  ofilcers  and  souldiers  in  armies,  for^ 
or  militia,  and  all  ifther  {»ersont  in  pubhcktntf 
or  office  within  this  kingdom,  who  shail  |Mb> 
liekly  swear,  and  subsiribe  the  said  oatk  ■ 
follows,  viz.     The  arch-bialiofis,  chief  coi 
mauder  of  the  ibrccs,  and  uihcers  of  the  cron 
and  state,  and  connceilers,  bi*fore  tbe  WK 
council :  all  the  Iiords  of  session,  and  all  men- 
l)ers  of  the  colledt;e  of  justice,  and  others  i^ 
l»cnding     ujmn     them,    before    the    ses^u*; 
The  lords   of  justiciary,  and  thoM*  de|niin:i^ 
npon    that   court,   in   the  jiisiice   eonrt:  the  : 
Lords,  and  other   members   nX   e\ehe<jiKT,  be- 
fore   the  exchequer.       -All  bi>hops,  liefurrtbe 
arch  -  bishops  :    all   the   inteiiour  clertry,  oin- 
missais,  masters  and   doctors  ot   Uhi\en>ittai| 
and  scbooN,  cha[dains  and   jiiilagogues. }»  turf 
the  bishops  ot  the  ri-s|H'ctive  diocesses  :  slicntfs 
Stewarts,  bailies   of  rovalty    and  regalii},  »!^ 
those  depending'   on  these  jurisdictions,  Im ti:t 
these  rcspecti^^•  courts:    and  pro\<»Ni<.  ialm 
and  others  of  the  buri>li,  before  the  io*\ii  vwufl* 
( il :  all  collectors,  and  termourers  <d  the  kmu* 
custonis  and  <\cise,  iK-tore  the  e\eh«pi»r ;  ti>«" 
cotuniissioners  of  tin  Iwrders,  beliirr  thr  [ni*y 
coinicil :  all  justices  of  p«*ace,  iHti.re  ib«  ir  ivu- 
\cener,andtlieotiicei*sot  the  mint  U(iir«'tlK'j.t*- 
neral  ot  the  ntint  ;  and  the  otncersid  tlKt«'av<. 
hetore  the  conimatidir  in  chief;    arid    euinni"U 
souldiers   lKt'oi"e  their   respectiv**  olhi-eis :  ib^ 
li\onb«fbre  the  nriw  it'uncil :  andluriiuMs 
piUM-^  ants,  and  niess<n«>"ers  «t  arms,  U  U  n-  "if 
\a  on.     And  his  niuiest\ ,  m  ith  couseM  toit-suJ 
si  tuts  and  ordaius,  that  all  th«>se  \vh<»  piiMUuV 
j)0''srss  or  enjoy  any    of  the  ti»re>aiii  eltici"*! 
|>ubli(  k  trusts,  or  implo>  inents,   shall  taki'  uiwl 
•  nliscrihe    the   follow  int;  oath,    in  one  «»t  tl« 
foresaid  (►th«*i'^,  in    manner  l>etore  j.r«><nl*u 
hetwixt  and  the  lirst  of  January  next,  Hhichii 
to  Iw  reeorde<l  in  the  registers  of  the  res|iei"ti'< 
conrt.s,  and  extracts  thereof  under  the  chrki 
hands,  to  be  reported  to  hiii  majesties  pni] 


STATE  TRIALSr  33  Charles  H.  l681^/0r  Bkgh  Truuon.  [S74 


ig  thereof:  thirrefoi-r  liis  royal  hi^h- 
majesty's  hi{)fh  comiuissioner,  and 
\e  privy-council,  do  allow,  antho- 
npower  the  archbisho|»s  and  bishops 

etwixt  this  and  the  first  of  March 
,  and  there  af>er  in  any  other  courts, 
hey  are  judges  or  nienibers,  the 
they  shall  sit,  or  exerce  in  any  of 
ft!tjve  courts :  and  ordains,  that  all 
tiereafter  be  promote<l  to,  or  imployed 
ic  ft»resaids  offices,  trusts,  or  imploy- 
l  at  their  entry  into  and  before  their 
thereof,  take  and  subscribe  the  said 
inner  foresaid,  to  be  recorded  in  the 
f  the  respective  courts,  and  reported 
sties  privy  council  within  the  space  of 
after  their  takini^  the  same :  and  if 
ir(.*sume  to  exercise  any  of  the  said  of- 
iplo}  ments,  or  any  publick  ofiice,  or 
ui  this  kingdom,  (the  kins^'s  lawful 
ul  sons  only  excepteil)  until  they  take 
oresaid,  and  subscribe  it,  to  nerc- 
ihe  registers  of  the  respective  courts, 
be  declarctl  incapable,  of  all  publick 
ailer  and  further  be  punished  with 
f  tlieir  moveables,  and  liferent  es- 
one  half  whereof  to  be  given  to  the 
md  the  other  half  to  belong  to  his 
nd  his  majesty,  with  ad\  ice  foresaid, 
ds  to  bis  pnvy  council  to  see  this 
due  and  vigorous  execution." 

containing  the  Oath  to  be  taken  by 
1  Persons  in  public  Trust 

;mnly  swear,  in  the  presence  of  the 
(n1,  whom  1  invoke  as  judge,*  and 
'  the  sincere  intention  of  this  my 
t  I  own,  and  sincerely  profess  the 
stant  religion,  contained  m  the  Con- 
Faitli,  recorded  in  the  first  parlia- 
ng  James  the  6th,  and  that  I  believe 
Ui  be  founded  on,  and  agreeable  to 
n  word  of  God.  And  I  promise  and 
It  I  shall  adhere  thereunto,  during 
f  s  of  my  life-time ;  and  shall  endea- 
ucate  my  children  therein ;  «nd  shall 
itent  to  any  change  or  alteration  con- 
eto,  and  that  1  disown  and  renounce 
principles,  doctrines,  or  practices, 
lopish  or  fanatical,  which  are  con- 
,  and  inconsistent  with  the  said  Pro- 
eli^ou,  and  Confession  of  Faith, 
eatification  of  my  obedience  to  my 
30iia  sovereign  C*harles  the  2nd,  I 
and  swear  by  this  my  solemn  oath, 
ling's  majesty  Ls  the  only  supreme 
of  this  realm,  overall  persons,  and 
M8y  as  well  ecclesiastical  as  civil: 
(O  fbreign  prince,  [x'rson,  iK)pe,  pre- 
or  potentate,  hath,  or  ougnt  to  ha\ e 
iirtion,  p|<m'cr,  sniH^riovity,  pre-enii- 
•  authority,  tvclrsiasticiil  or  civil, 
0  realm.  And  then'forc  I  do  utterly 
MmI  tnmakeall  f'omgn  iuris4lictioiLs, 
BMrioriti<^,  and  autlionti(*s :  and  do 
IM  ffoui  beuoefurtli  1  shall  bear 


to  administer  this  oath  and  test  to  the  roinis-^ 
ters,  in  their  respective  dioceses,  in  this  express 
sense:  (1.)  That  though  the  C^onfession  of 
Faith,  ratified  in  parliament  1507,  was  framed 

fiuth,  and  true  allegiance  to  the  king's  ma- 
jesty, his  heirs  and  hiwful  successors  ;  and  to 
my  power  shall  assist  and  defend  all  rights, 
juriraictions,  prerogatives,  privileges,  prel'er- 
ments  and  autliorities  belonging  to  the  king's 
majesty,  his  heirs  and  lawful  successors.  And 
I  further  affirm  and  swear  by  this  my  solemn 
oath,  that  I  judge  it  unlawful  tor  subjects, 
upon  pretence  of  reformatioa,  or  any  other 
pretence  whatsoever,  to  enter  into  covenants 
or  leagues,  or  to  convocate,  convene,  or  as- 
semble in  any  councils,  conventioas  or  assem- 
blies, to  treat,  consult,  or  determine  in  any 
matter  of  state,  civil  or  ecclesiastic,  without 
his  majesty's  special  command,  or  express  li-' 
cense  had  thereto  ;  or  to  take  up  arms  against 
ttie  king,  or  these  commissionate  by  him.  And 
that  1  shall  never  so  rise  in  arms,  or  entep 
into  such  covenants  or  assemblies :  and  that 
there  lies  no  obligation  on  me  from  the  Na- 
tional Covenant,  or  the  Solemn  League  aind 
Covenant  (commonly  so  called)  or  any  other 
manner  of  way  whatsoever,  to  endeavour  any 
change  or  alteration  in  the  government,  either 
in  church  or  state,  as  it  is  now  established  by 
the  laws  of  this  kingdom.  And  I  promise  asd 
swear,  that  I  shall,  with  my  utmost  power, 
defend,  assist  and  maintain  his  majesty's  juris- 
diction af'tresaid  against  all  deadly.  And  I 
shall  never  decline  his  majesty's  power  and 
jurisfhction,  as  1  shall  answer  to  God.  And 
finally,  I  affirm  and  swear,  that  this  my  so- 
lemn oath  is  given  in  the  plain  genuine  sense, 
and  meaning  of  tlie  words,  witii<iut  any  equi- 
vocation, mental  reservation,  or  any  manner 
of  evasion  whatsoever ;  and  that  I  shall  not 
accept  or  use  any  dispensation  from  any  crea- 
ture whatsoever.    fe$o  help  me  God." 

The  following  was  the  Confessbn  of  Faith : 

The  Confession  of  the  pArrH  and  Doctrine, 
belee\-ed  and  professed  by  the  Pnitestantes. 
of  Scotland,  exhibited  to  the  F.statis  of  the 
same  in  Pat^ament,  and  be  their  publick 
Votis  authonzed,  as  a  Doctrine  grounded 
upon  the  infallible  word  of  God. 

1.    Of  God. 

We  confesse  and  acknowledge  ane  onely 
God,  to  whom  onelie  we  must  cleave,  whome 
onelie  we  must  serve,  whom  onelie  we  must 
worship,  and  in  whom  onlie  we  must  put  oar 
trust,  who  is  eternal,  inftnit,  unmeasurable,. 
incoinpn'hcnsibh',  onmipoteut,*  invisible,  ane 
in  substance,  and  yet  distinct  in  three  per- 
sonnis,  the  Father,  the  Sonne,  and  the  HoUe 
(fliost.  Be  uiiom  we  confesse  and  believe 
all  thinges  in  heaven  and  ^rth,  alswel  visible 
as  invisible,  to  have  hc.n*^  created,  to  be  re-' 
teined  in  tlifir  l»eing,  and  to  be  ruled  and 
guyded  be  his  inscrutable  pro^  idence,  to  sik 
end,  as  his  eternal  wisdome,  goodnes,  and 


tjs]    STAT£  TRIALS,  33  Charles  II. 


in  the  in&ncy  of  reformation,  and  dcsenes  its  t 

due  praise,  yet  liy  tlie  I'est  we  do  not  sw(*ar  to 

every  prop<»sition,  or  clause'  then-in  containul,  ■ 

bat  only  to  the  true  Proteblbiit  reli^un,  found-  ,  therein  coutained,  no  invasion  or  eDCroachiued 


1 58 1  .—Trial  of  the  Earl  of  Argyb,  [67$ 

ed  on  the  word  of  Got),  ront&ined  in  that  Cod- 
tesiiion  as  it  is  oppocied  to  pnpen'  aod  fbi* 
ticism.     (2.)  That  by  the  Test,  or  anydaoie 


justice  hes  apjmynted  theui,  lo  the  manijcsta- 
tion  of  his  a  win  glurie. 

2.     Of  the  Creation  of  Man. 

We  confesse  and  acAua^vlcd;;^  this  our  God 
to  have  crcatetl  man,  to  wit,  o:ir  r.rst  f^uher 
AdaiD,  to  his  awin  iinn«;re  and  similiiude,  tu 
whome,  he  ^ve  \^istloiae,  lordshij),  justice, 
free-will,  and  cleir  knowltd^  of  hiins^-lfe,  so 
that  in  the  fraill  nature  of  man,  tiitre  culd  be 
noted  no  imperfect iuun.  Fra  quliilk  Imnour  and 
perfeciioun,  man  and  woman  did  Utt  lie  fall : 
the  woman  bein<^  dc*reivod  lie  the  serpent,  antl 
man  obeying  the  voyre  of  ihu  woman,  both 
coBspyri'ug'  as^ainst'  the  sovcraine  uiajestie 
of  God,  who  in  expressed  wonls  had  b<.*ibre 
threatened  dt^ath,  gil  they  presumed  to  eat  of 
the  forbidden  tree. 

3.     Of  Orig-inal  Sinne. 

Be  quhilk  tran<;<rresj;ioun,  cominomilic  call- 
ed original  sinne,  wes  thr*  ima;>;e  of  (lod  uttor- 
lie  defaced  in  man,  and  he  and  his  |Misteritie 
of  nature  betrome  enimios  to  God,  slaves  to 
Sathan,  and  servandis  imtvi  sin.  In  sameikle 
tliat  death  evcrla.stin*^'  hes  had,  and  sail  have 
power  and  dominioun,  over  ail  that  have  not 
oeen.  ar  not,  or  sail  n«:t  be  njrf derated  from 
nbove,  cMiliilk  rfL:>*i^^r;iliou;i  is  ur,.f'ht  by  the 

fiov.er  of  tiio  llni.c  (il:t»st,  uo/I.in*;  in  the 
nutL'S  ot'the  i\*'C{  dt'  Ciori,  aiic  ;'.s\rr:  <1  la!th  in 
i1j«'  ])nitniM-  «il(;<'il,  rr-v.  il-.d  lo  us  in  his  word, 
he  yiiiii:k  flillli  we  H[):»;elu)Kl  Clirisj  J<mj>, 
with  llie  '^nsr...  ami  In  i:i*ir.(..->  jinnniM-d  in  Iiim. 

4.     Of  i'lje  Kc\cliiii'.»ii  of  tlie  ProiijiM'. 

For  this  we  roii-ilnntrc  Iif.l;'r\<',  thrit  (,,«! 
afi<.Tthf'  feirfiil  iiii'l  'i(»i.il»le  d.  lirii  >:i  tl*  n\:v.\ 
fi"a  his  oiuNlirJn'i .  did  st  :'!v  .id:itn  :M^a  \u\  r:dl 
upon  hii^i,  n!»v!-:r  liis  sin,  eon\iet  iiint  of  Uu> 
f^^iMf,  :!nd  in  tlir  end  ni.ulc  inito  Iilni  ;ine  most 
joylul  [iromlse,  to  wit,  tliattlu  seed  of  the  ho- 
uiun  snld  break  do^vn  thusorixMil's  h»Md,  that  is. 
he  sold  di'strf»\  the  works  <rJifte  dci  ij.  Quhilk 
promise,  us  it  v. its  n  jieiUed,  anl  ma«ie  uiair 
dear  from  time  to  time  ;  so  was  it  ir.dir.i<»  d 
with  joy,  and  maist  e<in«;nntlir  reeoivcd  of  all 
the  fnillil'ul,  fiTMU  Adam  to  Nm^,  froi.i  Noc  to 
Abraiiam,  fi*om  Abndtum  to  Daud,  and  sofotth 
to  the  incarnatiouu  ef  <'hrist  Jesus,  all  (wi* 
moanetbe  fuithtu!  tathers  undi-r  ihc  la\^ )  didsi'c 
the  joyful  daie  of  Christ  Jesus,  and  did  njoN  re. 

5.     The  Cohiinuanee,  lucreasir  and  Prcserva- 
tioun  of  the  kirk. 

TVe  maist  constuntU  hrlecre,  that  Godpi;- 
•erved,  instrmied,  nmliiplitd,  honour* tl,  d.'- 
cercil,  and  from  deuih  callid  to  Iili-,  his  Kirk  in 
all  a;4:e«  fm  Adam,  till  tin-  eomin^  of  Christ 
Jesus  in  the  tlesh.  For  Abraham  he  <-allcd 
fix>in  his  fathers  enntry,  him  lie  insinict<Ml,  his 
le  he  multiplied,  tlie    same  he  m.u•^  tilouslic 


prctservcd,  and  luair  marveilously  dJi\cnt1, 
t'roi'i  ihe  bondakTe  and  tyranuie  of  Pha.'aoli,  lo 
them  he  gave  his  lawts,  constitutioiis  uidoe* 
icnionies,  them  he  iMibsessi-d  in  the  Laiwt  tf 
Oi^uaan,  to  them  after  Judj^es  and  after  Saul,  he 
4pvc  J)avid  to  be  kin^r,  to  whome  he  made  pro* 
ii'iibe,  that  of  the  fruite  of  his  loyoes  suUibc 
sit  for  ever  ujk)u  his  regal  seat.  To  UHSBoe 
peo}de  from  time  to  time  he  sent  prophets,  H 
reduce  them  to  the  ri;rht  \m\  ot  tLeirCjod: 
from  the  quhilk  often: imcs  they  deelined,  In 
idolatrv,  and  albeit  that  for  their  stubburLe  cod- 
tempt  of  justice  he  was  coinpelleil  to  giTetbni 
inti»  the  hands  of  their  euemii^,  as  U-tbir  mt 
thrr«imid  by  the  mouth  of  Moses,  io  a 
meikle  that  tlie  haly  cittie  was  destrovcd,  the 
temple  burnt  ivith  tire,  and  the  haill  land  idt 
desolate  the  space  of  Ixx.  zcars  :  Zit  of  merry 
did  he  reduce  them  again  to  Jerusalem,  vhcre 
the  ciitic  and  temple  were  re-edilied,  and  tbtj 
ag-ain.Nt all  temptations  and  assaultes  ot^aib&B, 
did  abide  till  the  31essias  came,  according  m 
the  pi-omise. 

0.    Of  the  Incarnation  of  Christ  Jesus. 

Quhen  the  fulness  of  time  came,  GodneDthii 
Sonne,  his  eternal  wisdome,  the  substance tf 
liis  a>vin  <;lory   in  this  warhl.  quha  tid^e  tlM 

nature  of  man  head  of  the  sultstatuT  ef^ioinaD, 
tn  wit  ola  vir-fine,  arid  that  be  <»peialii.unot"tlif 
Holie  (jiliost :  And  so  \v:;s  borne  the  lust  sK-fk-t.! 
l)a\jd,  ihe  aiij^rl  of  iht-  l'i*«  .it  t<»UiKil  (t  <.»«', 
the%e:y  AUss.iis  p'j.iiiised  uhoiii  \W' e'-ni*-^**? 
un<l  at  kna\vl(.'il:;r  r'.ii:!i;:inuel,  Tir>  lii.ui  anl 
\c:y  HKMi,  two  ])r;;':;  \;'.!uifs  unilod,  ai.d  j«iNi.'l 
in  <Mu;  pitsoin).  Be  ijiihilk  our  eoidcs^MUUit  ^^f 
n  tideumtlio  d.:nin:liUaiid  polileiit  hi".v>ti'S'^l 
Arrius,  .>iarcion.  l-'.hivciies,  rSesiorie.s,  aiuU'k 
utheis,  aseiiher  u:d  deiiie  the  ci^rnitic  ot' Lo 
(jod-head,  or  the  vcritii'  (d  his  huin-uine  nati:n', 
or  eonlitundi'd  thtui,  i»r /it  divided  iht-iU. 

7.     \\  hv  it  k'lnKived  '.ho  Mediator   to  be  vQTf 
(jiod  and  \erv  3 1  an. 

Wo  acknawled^re  and  confesse,  that  thi* 
niaisL  wonderonseonjunetiun  lu'twixt  iheCiihl- 
hea<l,andthe  >Jan-head  iu  Christ  Ji.'sus,  tlid 
protecd  from  the  eternal  ;'.nd  immutable 
(le(*ree  of  (lud,  from  quhilk  all  our  salf  atiou 
spriiiijs  and  depends. 

8.     F.k'^lioun. 

For  that  same  eternal  God  and  Fatljer,  who 
of  iiu(  re  ^raee  eltreted  us  in  C'ijrisi  Jtsiis  liii 
''Oiuu, het'ore  the  loundati(.n  of  the  warUluas 
l.ude,  aiipuinted  hiuito  Im>  our  head,  i»ur  bretlitr, 
our  \  astor,  and  jrreat  hisl.op  ot  our  sauls.  ]Un 
hiiause  thai  the  enimitle  L'elwixl  thejnsliei  of 
(lod  and  our  sins  was  siU,  that  na  tlesh  Ik;  iisclle 
<'\dd,  or  niii^ht  ha\e  aituiiied  unto  Ciml,  it  U- 
hoo\tMl  that  tlie  Smne  of  (iod  si'.hl  dtsd'nd 
unto  usj  and  take  lum!»ilfe  a  bodie  of  our  bodii^i 


•?r] 


STATE  TRIALS,  33  Chakles  II.  l68l.-^ur  High  TreatoH. 


[878 


is  made  or  intended  upon  tlie  intrinsic  spiritual 
nmtT  of  the  church,  or  power  of  the  keys,  as 
It  was  exerciiK.-(l  by  the  a]N)stle8,  and  the  most 
^re  and  priitiitive  church  in  the  hrst  three 

flcsli  of  our  flesh,  and  bone  of  our  bones, 
and  so  become  the  Mediator  betwixt  God  and 
man,  giving  |K)wer  to  so  many  as  lieleere 
in  him  to  be  the  sounesof  God,  as  himself  doLs 
iritoesse  I  paisse  up  to  my  Father,  and  unto 
xuir  Father,  to  iny  God  and  unto  zuir  Go<l .     Be 

Shilk  maist  holie  fratemitie,  quhatsaever  wee 
fe  tynt  in  Adam,  is  restored  unto  us  againe. 
^nd  for  this  cause,  ar  we  not  affrayed  to  call 
Clod  our  leather,  not  sa  meikle  because  he  lies 
created  us  (qiihUk  we  have  comniun  with  the 
veprobute)  as  for  that,  that  he  hes  given  to  us  his 
coely  Sonne,  to  l)eour  brother,  and  given  unto 
vsgrace,  toacknawledgc  and  imbracc  him  for 
coroolie  Mediatour,  as  befoie  i^  said.  It  be- 
Luoved  farther  the  Messias  and  Uedocnier  to  be 
^erv  God,  and  very  man,  because  he  was  to 
vnclerlie  the  punishment  due  lor  our  transgres- 
■ODs,  and  to  present  himselfe  in  the  presence 
•f  his  Father's  judnfcment,  as  in  our  person, 
to  MiflTer  for  our  transgression  and  inobedience, 
V  death  to  overcome  him  that  was  author  of 
deatb.  Dot  because  the  onely  God-head  ciild 
not  suffer  death,  neither  zit  cold  tlic  onlie  nian- 
kad  overcome  tlie  samine,  he  joyned  both  to- 
•fitberinone  (lersonc,  that  the  imboiulliiie  of  ihe 
lae,  suld  suffer  aiwl  be  subject  to  deatii,  (rpihilk 
We  had  deserved.)  And  the  intinii  and  invincible 
pover  of  the  uther,  to  wit,  of  the  God-lieait;  suld 
Iriuinph  and  pundiasse  to  us  life,  liberlie,  ami 
perpetual  victory :  And  so  we  confess,  and 
■aut  undoubtedly  belceve. 

9.    Christ's  Death,  Passion  and  Burial. 

That  our  lord  Jesus  offered  himscdfea  vohm- 
tanr  sacrifice  unto  his  Father  for  us,  that  he 
nflered  contradiction  of  sinners,  that  he  was 
womided  and  plagued  for  oiu-  traiisgressiouns, 
that  hee  being  the  clean  innocent  I^mb  of  God, 
waa  damned  in  the  presence  of  an  eurtliUe 
radge,  that  we  suld  be  absolved  beibir  the  tri- 
nmal  aeat  of  our  God.  Tliat  he  suffered  not 
ooUe  the  cruel  death  of  the  crosse  (quhilk  was 
aecuraed  be  the  sentence  of  God)  hot  also  that 
hee  auffered  for  a  season  the  wrath  of  his  Fa  • 
ttcr,  quhilk  sinners  had  deserved.  But  zit  we 
avow  that  he  remained  the  only  well  beloved 
and  Messed  Sonne  of  his  Father,  even  in  the 
middest  of  his  anguish  and  torment,  quhilk  hee 
mfl^red  in  body  and  saule,  to  make  the  full  sa- 
ttsfaction  for  the  sinnes  of  the  |>eople.  AiWr 
the  quhilk  we  confesse  and  avow  that  there  re- 
maines  na  uther  sai-riiice  for  sunie,  quhilk  gif 
any  affirme,  we  nathin^  doubt  to  avow,  that 
they  ar  blasphemous  agamst  Christs  deatli,  and 
the  everlasting  juirgation  and  satisfaction  pur- 
chased to  us  te  the  same. 

10.     Resurrectioun. 

We  undouhtedlie  believe,  that  in  sameikle  as 
it  waa  impossible,  that  the  dolours  of  death 
jHiUb  retehw  in  bendago  tha  author  of  life«  that 


centuries  afler  Christ,  and  whicli  is  still  re- 
serve<l  entirely  to  the  church.  (3.)  That  the 
Oatli  and  Test  Is  without  any  prejudice  to  the 
episcopal  gvivernment  of  this  national  church, 
—  '  i  ■ 

our  Lonl  Jesus  cruci6e<l,  dead  ami  buryed,  quha 
descended  into  Hdl,  did  ryse  againc  for  our 
justitication,  and  destroying  of  him  quba  was 
the  author  of  death,  brocht  life  againe  to  us, 
that  were  subject  to  death,  and  to  the  bondage 
of  the  same.  ^V^e  knaw  that  his  resurrec- 
tion was  coufirmed  be  the  testimonie  of  his 
verie  enimies,  be  the  resurrection  of  the  dead, 
qtihais  sepultures  did  oppen,  and  they  did  rise, 
and  appeared  to  moiiv,  \iithin  the  cittie  of  Je- 
rusalem. It  was  also  confirmed  l>e  the  tes- 
timonie of  his  angels,  and  be  the  senses  and 
judgments  of  his  apostles,  and  of  uthers  quha 
had  conversation,  and  did  eat  and  diink  with 
him  ui'ter  his  resurrection. 

11.    Ascension. 

We  nathing  doulit,  hot  the  self  same  bodies 
qidiilkwas  borne  of  the  Virgrine,  was  crucified, 
dead,  and  bnri«'d,  and  quhilk  did  rise  againe  did 
ascend  into  the  heavens,  for  the  a(!complish- 
incntof  all  thir.ges :  qulicre  in  our  names,  and 
for  our  comfort,  he  lies  r*M*eived  all  power  in 
heaven  and  earlh,  quhere  ho  sittcs  at  the  riclit 
hand  of  the  Father  inaugurate  in  his  kiii^dome, 
Advocate  and  onelie  Mediator  for  us.  Quhilk 
gloiie,  honour  and  prerogative,  he  alone 
amoiiges  the  brethren  sail  possess,  till  that  all 
his  eneniicK  be  made  his  futestule,  as  that  we 
uadoubteillie  belee%e,  iliey  snll  be  in  the  final 
ju^l^nicnt:  To  the  execution  whereof  we  cer- 
taiiilie  belc^^ve,  that  the  same  our  Lord  Jesus  sail 
visil»!ie  returnc,  as  that  hv  was  scne  to  ascend. 
And  then  we  finnely  believe,  that  the  time  of 
relreshiuQfand  restitution  of  all  things  sail  cum 
hi  sameikle  thatthir,  that  fra  the  beginning 
have  suffi-nnl  violente,  iniury  and  wrang  for 
vichteoiisness  sake,  sail  inherit  that  blessed  im- 
niortulitie  promisetl  fi*a  the  beginning.  Bot 
contrariwise  the  stubbome,  inol>edient,  cruel 
oppressours  ;  filthie  personis,  idolaters,  and  all 
sortes  of  unfaithful,  sail  l>e  cast  in  the  dungeon 
of  qttor  darknesse  w  here  the  worme  sail  not  die, 
nether  zit  their  fy  re  sail  bt  extinguished.  The 
remembrance  of  qC^hilk  day,  and  of  the  judge.- 
nient  to  be'executed  in  the  same,  is  not  onelie  to 
us  ane  brydle,  whereby  our  camel  lustes  ur  ere- 
frainetl,  not  alswa  sik  niestimable  comfoii,  that 
nether  may  the  tlu*eatuing  of  worldly  prince^, 
nether  zit  the  feare  of  temporal  death  and  pre- 
sent danger,  move  us  to  renounce  and  forsake 
thatblesse<l  societie,qnhilk  wethe  menibera  have 
with  our  head  and  onlie  3]ediator  Christ  Jesus, 
wh<mi  we  confesse  and  avow  to  be  the  .llessias 
promised,  the  onelie  Head  of  his  Kirk,  our  just 
Lawgiver,  our  onelie  hie  Priest,  Advocate  and 
Mediator.  In  quhilk  honoures  and  oiHees,  git* 
man  or  angel  ])resume  to  intrude  themself 
we  utterlie  detest  and  abhorre  them,  as  blas»> 
phemous  to  our  soveraine  and  supreme  gover* 
nor  Christ  Jesus. 


879]  STATE  TRIALS,  33  Charles  IL  iGSl.-^Trialofike  Earlof  Argyk,  [8M 

casions  his  majf-ny  hath  declared  he  wiU  m- 
violably  and  imalierably  preserve.  And  u. 
point  the  archhishop8  aQfi  hif»hi)pfl  to  iei|iiire 
the  ministeni  in  their  respective  dioceses,  wA 

anjlatrrery  moment  is  prune  and  reHdiets 
oHVndihe  majestie  ofGocl.  Hot  the  suirir  cf 
God,  quhilk  ^ves  \i-itnesHin^  to  our  spirit,  tbiC 
\ve  an*  the  sonncs  of  Goff,  niakis  us  to  le- 
siNt  iilthie  pleasures,  and  to  emane  ia 
God's  presence,  lor  dtllrerancc  fra  this  hoadife 
ot' corruption  :  and  finally  to  triumiih  over  a 
that  it  reiipie  not  in  our  mortal  booyis.  Tfaii 
battel  hes  not  the  camel  men,  bein|(  a»titatetf 
God's  s|»trit,  hot  dois  folhnv  mid  obey  sinne  widi 
grpCMlitios,  and  without  repentance,  even,  v  da 
devil,  and  their  commt  lustes  do  prick  tkn. 
Rot  the  Konnes  of  God,  as  before  wen  said,  (Ml 
feeht  ajD^ainst  sinne,  dos  sob  and  mume,  vba 
they  penvive  themselves  templed  in  iniqnM: 
and  (rif  they  i'all,thcy  rise  apfaine  wkh  eanol 
and  iinfeiiriied  re{K>ntance,  and  thir  thingp  if  dief 
do  not  be  their  atvin  |»ower,  bot  the  power  oflk 
liord  Jesus,  without  whouie  tbey  were  abkH 
do  nothing*. 

1  A.     W 1  lat  \«  arkcs  ar  reputed  gude  befoir  Goi 

We  conft'sse  and  acknawledge,  that  God  ka 
Cfiven  to  man  his  holy  law,  in  quhilk  not  irif 
ar  forbidden  all  sik  warkcs  as  displeis  ■■ 
olfend    his    Godlie   Majestic,    bot    alswa  tf 
etiininanded   (til  sik  as  pleis  hira,  and  as  heM 
prtMiiisitl  to  i-e\\;iir<l.     And   tliir  uarks  be  of 
I  Ml  s«nios.     The  aiie  aiv  dune  to  the  honourcf 
(ioil  (l)t'  uthtT  toilie  |>n»Htoof  our  niehtlHuinc: 
aiul  liotli  hav()tlic  n'\iil(Ml  will  f)f  Gotl  for  their    ; 
assur«iu»e.     To  lia%e  ain*  (iikI,  to  worschipui    i 
lioiioiir  liiui,  to  call  ii|H)ii  iiiiii  inallf>ur  tn»ulile$,    < 
iTvrreiue  hiN  liol v  iiaijic,  to  hoare  liiy  wfinl,  1*    ■ 
iKJii-M'  the    same,   to   eoininniiieate  with  his    i 
\ut\v  s:i* Tainen1<,   are    the  warkes    of  the  fir* 
tahill.     To  hoiKiur  father,  tuoilier,  princes  tod 
MiU:s  and  su|K.Mi«uir  j)o\u'r*i ;  to  luve  them, to 
>rijHMiit  them,   zea  to  ohev  their  charce*  (not 
re|»:itfnin;;to  tho  coininaniinuiittd'God)  tosa^e 
tlirli\esnf  innocents,  to  repres<e  tyrannie.  to 
clrfend  the  opprt'sst^d,  to  keepe  our  bodies  dease 
anil  lialie.  to  live  iti  soljernos  and  temperance, 
lo  deal  jnstlie  m  ith  all  nten  both  in  a\  ord  and  deed; 
and  tiiially  to  npjvvsr  all  ajipetile  of  our  nichl- 
bo.ivjs  Imit,  are  the  pide  warkes  of  the  si-cund 
t'd>ill  (jidnlk  are   niuist  ]dt'i<sin<c  and  aceeptalnl 
unto  (iiid.  a-i   the  warkes  that  are  comniaiKli^ 
Im»  hin)st*lte.     The  contrary  ipdiairid*.  is  sinne 
niai^t  odioMc,  quhilk  al\^a>es  displrisis  him.  an4 
promkis  him   to  an«jer  ;   A^    nt>t  to  t-ajl  ujhib 
alove,  when   ue   have   need,  nor  to  hear  hb 
Mord.  \\\\\\   re^onnee,  to    contenme    antl  Je- 
spisr  it,  to  have  or  worsrhip  ii|«ds,  to  mainteoe 
and  defend  iilolatrie,   liehtlic  to  cvit^in  the  re- 
\ennd   nainr  ot    (iod,  to   proph,,irf,  abnse  w 
eoTitiiiinc  til:-  Sacramrnt.«<   of  I'hrist  Jesu>,  to 
dis  diov  or  n'-'Kt   env  that  God   hes    idaecd  ia 
autli'vrttie   (tpdiiik    tli»"y   |»assi»   not     over  um? 
l»'»ti;»ilt»N  nf  their  otiiee)  t(»  nmrther.  or  to  rt»u- 
^«in  thento,  to  btare  liatr;'d.  or  lo  htl  ninoitiit 
bludc   be*;  shed,   jj^if  **c^  may  \iiih:>t;Liid  i*. 

9 


which  is  declared  by  the  first  act  of  the  second 
aessioD  of  his  majesty's  first  parhameut,  to  be 
most  afl^reeable  to  the  word  of  God,  and  most 
suitable  to  monarchy,  and  which  upon  all  oc- 

12.     Faith  in  the  Holy  Ghf»st. 

This  our  faith  and  the  assurance  of  the  samcf 
proceeds  not  fra  flesh  and  blude,  that  is  to  say» 
fra  na  natural  pou  ers  within  us,  bot  is  the  in- 
tpiration  of  the  Holy  Ghost :  whome  we  con- 
fease  God  equal  with*  the  Father  and  with  his 
Sonne,  qnha  sanctify  is  us,  and  hrinsp;  ns  all  in 
reritieto  be  his  awin  operation,  without  whome 
we  sulde  remaine  for  ever  enimies  to  GimL  and 
iffnorant  of  his  Sonne  Christ  Jesus.  For  of 
nature  we  arc  so  dead,  so  blind,  and  so  iiererse, 
that  nether  can  wc  fi'ill  when  we  ar  pi  icked, 
seethelicht  when  it  shines,  nor  assent  to  the 
will  of  God  when  it  is  reveiltd,  iiidess  th«*  spirit 
of  the  Ijord  Jesus  quicken  that  quhilk  is  desid, 
remove  the  da rknesse  from  our  mviuhN,  and 
boweour  stuhhiirne  lu^nrts  to  the  obedience  of  his 
blessed  will.  And  so  as  wc  confi^sse  that  God 
the  Father  created  us,  w  hen  we  were  not ;  as  his 
Sonne  our  L<ird  Jesns  ntletniied  us,  when  v.ce 
were  enimies  to  him  :  so  also  do  confesse  that  the 
Holv  Ghost  doth  sanetiiie  and  rej'enenit  us. 
without  all  re«pc<'t  ofonymerite  preeeeilinjf 
from  us ;  Ik*  it  Ix^forc,  or  he  it  after  our  rej^ene- 
ration.  To  speak  this  aiie  thinof  zit  mair  plaine 
words:  as  we  willinirlv  spo\le  ftiirsi'hes  of  all 
hon«>ur,  and  y;loir  ofoiirauin  crt^ation  and  n*- 
deinplKMi :  si>  jlo  wenNo  «•!  M\ir  r^'mMuratimi 
and  sanetitieatioii :  tor  «»f  oiiim'1m'>  mc  are  not 
snlhcient  to  think  oni-  Li'iidr  thocht,  hot  he  tpdia 
heslMiTiin  the  wark  in  u»^,  is  oidie  tiiat  conti- 
newis  us  in  the  same.  t«»  tin;  praise,  and  ghnif 
of  his  nndi>er\ed  j^raee. 

1 1.     The  Cause  of  (iinlr  \\  arkes. 

Sa  that  the  <'anse   of   i^iidr  w.iikfs,  we  eon- 

fi^ssetohe  not  our  tVet-  w«li,  hot  tin*  spirit  ot'the 

Lord  Jesus,  n  ho  dwillinirin  luir  luari^  l-i'  trewe 

faith,  hiinijrs  forth  sfk  warkts,  as  (iod  hes  pre- 

pareti  tor  iis  to  w  alk  in.  For  this  wv  niaisi  IxdiliNo 

atfinne,  that  hlasphemx  it  is  to  sa\ .  that  Christ 

abydes  in  the  heartes  of  sik,  as  in  wlnine  their 

;■»■  —aril  ofsanelifieation.     And  ihert-tore  we 

fclsl  affinnc,  that  murthenM-s.  oppressors, 

perseciiters,    adulterers,    hiirenion:^orv, 

persouns,  idolaters,  druukard«i,  thieves. 

'  workers  of  iniquity,    have  neiher  tiew 

nether  any  portion  of  the  spirit  of  the 

'csus, so  longf as oKstinatlie  th«'\  roi^timw 

'  wickedness.     For  hi»w  s(»oiif  il-at  evfr 

t  of  the  l*onl  Jesus  (qnhilk  Go-l's  el»*et 

receive  \k*  trew  faith)  taks  posstSNion 

*Mt  of  on\    man  so  s«»one   At*'\<  hv  re- 

^  umI  renew  the  same  man.      Sn  that 

•^  to  hail  that  qnhilk  iK^tore  hv  lo\iil, 

Mto  love  thai  quhilk  Moir  Ip*  hatrd, 

"MM  cumniis  that  wnii  iiial    hatio!, 

^*»J*Wt  the   flesh   and   the   spi-it   in 

"*Wi  i  till  the  th^h  and  natural  u»an, 

•>  ihe  awin   corruption,     hi<ti's  lor 

^ndaiiddelei'tablenntotht^sell,  ai.d 

VCfsiiy,  Is  HtliHl  up  in  prosi>ority. 


II] 


STATE  TRIALS,  95  Charles  II.  l6si^&r  High  TVeaaon.  [882 


eir  flrst  cenrenieiiffy,  to  obey  the  law  in 
rearing  and  Bubfieritiingf  the  aforesaid  Oath 
1(1  TeM  with  certification,  that  the  refusers 
all  be  esteemed  persons  disaffected  in  the 
utestant  rHiipon,  and  to  his  majesty's  ffu- 

id  Snally,  the  tmns^^ression  of  ony  nther 
UBandeinent  in  the  first  or  the  secund  tabill: 
ce  oonfesse  and  affirme  to  be  sinne,  by  the 
bilk  God's  an^^  ami  disple^ure  is  kindled 
ainst  the  proud  imtliankful  warld.  So  that 
de  warkes  we  affirme  to  be  tliir  onlie,  that 
I  done  in  feith,  and  as  God's  commandment 
ba  in  bis  lawe  hes  eipressed  what  the  thingis 
that  plejs  him.  And  eril  vi-arkis  we  affirme 
;  only  thir  that  expressedly  ar  done  asainst 
tf  a  commandDMnt :  hot  thir  alswa  that  in 
ileris  of  religioB,  and  worschipping  of  God, 
i  na  uther  assurance  bot  the  mventioim  and 
■Mran  of'  man,  quhilk  God  fra  the  beginntng- 
i  efer  reiected,  as  be  the  prophet  £»y,  and 
•V  Mawter  Christ  Jeras  we  ar  taupfht  in 
■e  words,  In  yain  do  they  worschip  me, 
dung  for  doctrines  t)ie  precepts  of  men. 

The  Perfectioun  of  tlie  Law,  and  the  Im- 
perfvctioun  oi'  Man. 

the  lawe  of  God  we  confesse  and  acknaw- 

Emaiat  jiwt,  maist  equal,  maist  halie,  and 
perftte  commaunding  thir  thintris,  quhilk 
kg  wrocht  in  perfectioun,  were  abill  to  giro 
0  and  abill  to  bring  man  to  eternal  felicitie. 
L  onr  nature  is  sa  corrupt,  sa  weake,  and  sa 
icrtite,  that  we  ar  never  abill  to  iiil!in  tlic 
rlsci  of  the  law  in  perfectioun.  Zea,  i^if  wesay 
bare  na  mine,  even  after  we  are  rogenerated, 
9V6  oamelves,  ami  the  veritie  of  God  is 
118.  And  theretbre,  it  behorvis  us  to  ap- 
^-^  Christ  Jesus  with  his  justice  and  su- 
1,  quha  is  the  end  and  accomplishment 
^  law,  be  quhome  we  ar  set  at  this  lih«?rty, 
t  tlw  ourse  and  malediction  of  Go<l  fall  liot 
ift  Of,  albeit  we  fulfil  not  the  same  in  all 
>Uea.  For  Cvod  the  Father  behold  in<r  us,  in 
Wody  of  his  Sun  Christ  Jesus,  niH^eptis  our 
icme  obedienc«,Ba  it  were  perfitc,  and  covers 
trarkii,  qiiliilk  ar  defy  led  with  inony  ftpotn, 
b  Ihm  justice  of  Ids  Koune.  VV  e  do  not  m«>aii 
f  W€  are  so  set  at  libertv,  that  wee  awe  na 
mttm  to  the  law  (lor  that  ivee  before  have 
hhr  oODfiessed)  but  this  we  affirme,  that  na 
ft  IB  earth  (('hri«t  Je^is  only  e\'oept)  lies 
^givea^  ball  gi»c  iu  wurke,  that  obedience 
ka  law,  quhilk  the  law  requiris.  Bot  when 
Awe  done  all  things,  we  must  full  downe 
lltticuullT  coufesse,  that  we  are  uii[N-otitable 
"^  And  therefore,  quhosuever  boastis 

of  the  ffnerit»of  their  awiii  workes, 
tniit  in  the  works  of  Supercrga- 
tlwiiiwlres  in  tliat,  quhilk  is  uocht, 
lir  trurt  ki  damnable  idolaii-y. 

ir.    Of  the  Kirk. 


iSmm  M  ane  God,  Father,  Sonne,  and 
'■^  ftojiO'We'rooiteonfliantly  believe 

bt.  aoe 


I 


vernment ;  and  that  the  punishment  appointed 
by  the  foresaid  sixth  act  of  hit*  miyesty 's  third 
parliament,  Nliall  }>e  impartially  and  without 
delay  inflicted  upon  them.     By  me, 

1'et.  Menzeis. 

Kirk,  that  is  to  say,  ane  rompany  and  multi- 
tude of  men  chosen  of  Cjod,  who  riciitly  wor- 
ship and  embrace  him,  Ix:  trew  faith  in  Christ 
Jc^us,  quha  is  tlic  only  head  of  the  same 
Kirk  quhilk  alswa  is  the  bodie  and  R|iou8e  of 
Clirist  Jesus,  quhilk  Kirk  is  Catliolikc,  that  is, 
unirarsal,  because  it  conteinis  the  elect  of  all 
ages,  of  all  realmes,  nations,  and  toungocs,  be 
they  of  the  Jewes  or  be  they  of  the  Gentiles, 
quha  have  communion  and  societie  with  God  the 
Father,  and  witli  his  son  Christ  Jesus,  tlirow  the 
sanctitication  of  his  Haly  Hpirit,  and  therefore 
it  is  called  the  commumon,  not  of  nrophane  per- 
sonnes,  botoffiihncts,  quha  as  citizens  of  the 
heavenly  Jerusalem,  have  ye  frnitiouu  of  the 
maist  inestimable  benefites  to  \%  it,  of  ane  God, 
nne  Ijord  Jesus,  ane  faith,  and  ane  baptisme  ; 
out  of  the  quhilk  Kirk,  there  is  nouther  lyfe, 
nor  eternal  felicitie.  And  therefore  we  utterly 
nbborre  the  blasphemie  of  them  that  affirme, 
thai  men  quhilk  live  acc<irdinsr  to  eqiiitie  and 
justice,  sail  be  saved,  qnhat  rehgioun  that  ever 
they  have  professed.  For  as  without  Christ 
Jesus,  there  is  nouther  life  nor  salvation  :  8o 
sail  there  none  be  participant  thereof,  hot  sik  ast 
the  Father  hes  given  unto  his  Honne  Christ 
Jesus,  and  they  that  in  time  cum  unto  htm, 
a^'owe  his  doctrme  and  believe  into  him,  (we 
comprf:hend  the  children  with  the  faithful  pa*> 
rentes)  this  Kirk  is  iuTisible,  knaweu  onelie  to 
God,  quha  alane  knawJH,  h  hum  he  hes  chosen, 
and  omprehends  alsweil  (as  said  is)  the  elect 
that  be  «leparted,  commonly  called  the  Kirk 
triumphant  and  that  zil  live]!  and  fecht  againitt 
sinne  and  Sathan,  as  sail  live  liorenfW. 

18.    Tlie  Immortalilie  of  tlie  Saulcs. 

The  elect  departed  are  in  peace  and  rest  fra 
their  labours,  not  that  they  sltrep,  and  come  to  a 
rertsin  oblivion,  as  some  phantastickes  do  af- 
liruie ;  bot  that  they  are  (lelivered  fra  all  feare 
anil  torment,  ami  ailteniptatioun,  to  qnhilk  we 
and  all  God  his  elect  are  subji'ct  in  this  life, 
and  therefore  do  beare  the  name  of  the  Kirk 
militiint :  As  contrariv«  iso,  the  reprobate,  and 
unfaithful  departed  have  augui^li,  ton  unit  and 
paittC,  that  cuimot  be  cxpress<H].  Sa  that  nei- 
ther are  the  ane  or  the  ulher  in  sik  slcepe,  that 
they  fi'clc  not  their  torment,  as  the  paniblc  of 
Christ  Jesus  in  tlie  16tli.  of  l.uk«%  liis  wonb 
to  the  thiefe,  and  Ihir  wiirdet  of  the  feniules 
crying  undc:r  tlie  altar  :  O  l>ord,  tltmi  that  art 
righte<iiis  and  just,  liow  lon^  sail  thou  not  re- 
venge our  blude  upon  thir  that  dwellis  in  the 
e:u'th,  duis  dcclair. 

10.  Of  Uie  Notes,  be  the  qnhilk  the  trew  Kirk 
is  decerned,  fru  the  false,  and  quha  huU  be 
judge  of  the  doctrine. 

Because  that  Sathan,  firom  the  beginning  hac 
laboured  to  deck  his  pestikttt  synagoge  with 
9L 


"^  Wkop  of  E4linbiiTg;b, 

Ticftsurer  Deputy, 

Lialitlignw, 
BoAurgh, 

'  lingtoo. 


^ 


^.iftlM  Kilk  of  G<mI,   auJ   lies  eh- 

"^li  1»W»U«  «f    oael  murtbereni    m 

"     adMllMtiheacwKirkiiiil 

W  Cifa  did   Abel,  Imnoel 

j^aadtbalitfU  pnesihaid  of 

,.  .  J*T«M<kMtJaaNUMKire,aDdht!i  Apos- 
tajritarUa^  ItiaMrOiMmHUl  requwiie, 
^ihatoMKitfcb*  dnancit  fra  the  filthic 

' — •  b«.  qImt  aid  pcrBte  notes,  least 

— 1 — ■  :_  i^j  embrace  to  our 

. ,  ^  _iefcrlhe  nlher.  The 

^ ,  ,_    t(MJl—w<  likens,  wherebvtbe 


,_^JMaiBMMe«fC!kritt  Jesus  is  knaneu 
<  ^*B^<nafakriRt,th0Kbkiuali^iumt:  we 
afbpW  «  Milhiu  Wdifuti^  title  UHirped.  11- 
JMldMBMn,  phes  ■fpayned,  nor  luulbiwle 
*■  HMn  apprarinp  uaciiar!  Fur  Cain  ■□  agv 
and  title  wuprefenedtaAbcl  auJ  Seth  ;  Je- 
nxalam  had  prerogatne  above  all  places  oJ' 
the  earth,  where  abw  were  the  priests  liDcally 
deMendedtraAanm,  aiMl  gn-alcr  number  fof- 
bwed  the  scribes,  phaiisies,  und  pritsteii,  then 
■mfUnedly  beleeved  and  approt^e  Christ  Jesus 
and  fail  (hn-trioe:  and  zit  as  we  suppose, 
no  man  of  sDiwd  jwtemMstt, 
raiy  or  the  roienamed,  woe  tl 


rraiit  I 
irk  of  G 


,     -'elbeKii!--    . 

The  ootea  therefore  of  the  tren-  Kirk  of  God, 
Meeve  eonfene  and  aTow  to  be,  fini  the  Irew 
preacluDg  of  the  word  of  God,  into  the  quhilk 
G«d  baa  revealed  himaelle  unto  us,  as  the 


SJ< 


tight  administistiu 
tt<rf  Cbrift  Jeana,  oubilk  moa  hi 
ijlk»  wiMd  a«d  ptMBMe  of  God, 


I  aod  vcrtew  nurishnd.      .   

H  tt)t  ftilltU  iMtea  are  scene,  and  of  ooy 
"BHttBiM^lbe  Qumber  nerer  so  linre  about 
.■fkce^lbere  without  all  doubt  is  the  tiew 
9W  Cbrot :  who  according  unto  hia  pro- 
%h b ibe  midtt  of  Ibeei.  Not  that  nni- 
i,*f  yhiftwebaie  hffan  qioken,  but 
^^^  u  aa  was  in  CoiiiuhiK,  Galaiia, 
Mr  places,  b  qufailk  the  mi- 
„  ..  .  -id  be  Paul,  and  wei*  of  him- 
^!**"*«i*e  KirkBofUod:aiidMk  Kirfu, 

^y*— g*  <f  ChriM  Jenrs  puifrisis 
W  *^  "*^  ■>  otir  txa'tvi,  iMwnv, 
I^fMfnti,fac  tlMdacuiite  tauchtin 


amy,  and  liai in^  upon  cammaod  prutacnl 
niper  bearing  the  seiue  invhicUW  luok  iW 
T<sl,  the  preeediug  day,  and  id  wkict  bt 
would  take  the  same,  as  a  couinuMonwotlhl 
treasury ;  upou  coosideistion  tharof,  it  '•^ 
resulkul,  thai  he  cannot  sit  in  tuun  ' 
baring  lakeo  ^c  Te«t  in  tlie  MVW  vui 
iuii;  of  the  act  of  parliament,  and  ihctdbn  m 
reiiioted. 


God.  to  wii,  in  buiks  of  the  AvM, 
Testamnitis,  iu  those  buikts  » e  iiiouc,  i 
of  the  ancient  Uavv  been  reputnl  caiiuuifij, 
liieifuliilk  we  offimie,  ibat  all  thiogtmiecnM 
to  be  beleeved  lor  the  sal* atiun  of  luautin^ 
mtficieuU;    exprecBed.      The 
tjlUiairof,  Kce  confease,  neitha- 


irk,  liir  ouj  jfrvhetiunenee,  or  prrrutpuiTC  pff) 
wnallic  ar  locolUe,  quhilk  ane  hni  ahtn*  « 
olbcT,  bol  apprrraines  lo  the  Spirit  of  (Mt 
tlitt  quhJIL.  abu  the  Scripton:  wa«  wiilH 
When  coutrorersie  thai  liuppnua  fo  t 
rieht  utidcntfandiiig  of  any  phcc  <r  nvHI 
•w  scripltitv,    vr    for  llie*reIoniialia«  of  ^ 


r  for  die  reionnalid*  of 
abuse  witliiu  tlic  KJik  of  God, 
ntil  s;i!iieikk  tn  luke  wimt  ii»i 
liiTe  said  or  done,  as  uiitu 
the  Halie  Gbaist  uuilonnijie  gpeakes,  mta 
tlieUidyvf  thescnutures,aMl  ufito  ibat^obft 
Christ  Jesus  himselle  did,  and  commaiMkdM* 
dune.  For  this  is  ane  thii^  uuivenaUie  griank 
that  the  Spinte  of  God,  <)uhilk  ielhe  ^iriM  4 
unitie,  is  in  ualhing  conlrariutis  '  '  ~  "*' 
Gif  ihva  ibc  interpretation,  de< 
sentenre  uf  any  doctor.  Kirk,  m 
pu^e  lo  the  plaiue  word  ot'  God, 
on>  uthtr  place  of  the  Script 
lhu;g  mai^  ccrlaine,  that  tbciv 
irui'  uiiilerstanding  and  iiK^utiut;  uf 
GIuuaL,  Wtiujugii  ih^t  cobiucka,  re 
ikationes  hare  approTed  and  reoeircd  tte  nta 
For  we  dare  not  receive  nor  adtuilakyiMiq» 
taticai,  qubdk  lepugnes  to  on^  pnBcipal  bm 
of  our  hulh  crtoonyotherplainetaxtaflHlf 
tiuv,  or  lit  uuto  the  rule  of  cbaritie. 

SO.     The  Autboritie  of  the 


As  we  bdeere  and  confeae  the  ScHptanaif 
Gud  sufficient  to  instnict,  and  make  the  tM 
of  God  perGie :  bo  do  we  affirme  and  anas 
ilie  authwitie  of  the  same,  to  be  oT  God,  m1 
nether  to  depend  on  men,  nor  angak  " 
affiiute  therelote  thai  sik  aa  allege  dieSi 
ture,  lobave  aantbeTaatli0rilie,batlha' 
it  be^  rv<.t-ived  tWm  the  Kirk,  to  be  1 
[Dous  i^^in^t  God,  and  it^nriom  to  the  Df 
kirk,  ijuliilk  alwaj-ea  heai^  aod  ^ka/'m  t 
Torce  ol'  ho-  awm  inouae  and  paatar,  !■ 
takes  not  upon  bee  u  be  maNbaM  ftrw  tk 


e  dieMr 
>tlbat^ 


33]  STATE  TniALS,  S3  Charles  II.  l6Sl.— /or  Bigk  TWsfM. 


■SilMttheiMriuinenlDn'ermtcnilal: 
atmtietaiy  ouhi ;  tbrretijre  1  ihinic  no  inab 
nezp)iiD4t  but  for  hiuMelf.     Accordineiy  I 


t.    Of  Gown]  Councels,  of  their  Power,  Au< 

iburilie,  audCauw  of' their  Convention. 
AawedoMMTUbNedamne  tlialquliUk^lj- 
ten  U*«mUed  tocether   in   {reiierat  council 
iwlnllypthcmlibnTp  proponed  U|tf>n  U8,  no 

ulntfocvcr,  is  obtmdcil  unto  uhliynieii  under 
M  naine  of  genoal  Councels  ;  for  pluine  it  in, 
■  tbey  wernien,  «o have  some  of  thciu  raa- 
liRillit  f  md,  and  that  in  mattera  ot'  grcnl 
■igkt  and  iniuortance.  Ho  tiirre  then,  an  tlie 
MnnI  {nuvis  the  dcttnniniition  niiil  coinniande- 
■ntthat  it  gir«a,  hcc  the  ptaine  worde  nr 
ud ;  aa  soon  do  we  rereTcnee  and  euibrace 
•  ■mv.  Bot  gir  mim  under  the  name  of'  a 
«Md,prelendtofbTveiiiito  us,  new  arlii'kles 

Mr  &ith,  or  to  make  conxtitutLonis  rcpugn- 
K  ta  At  word  of  God ;  tlicn  itttcrlie  ue  muM 
nK  the  ame,  ai  the  doilriiie  of  devilh, 
ibilkdrawia  out  SauleH  from  the  Tiiyit-  ul'our 
ie  Ood,  to  follow  tlie  doctrines  and  consti- 
tiDOM  of  men.  The  eaiwc  then  ijuhy  thai 
wral  coitnrrllii  rnnvened,  was  uMner  to 
ike  ony  perpetual  law,  ijuhilk  God  before  had 
I  maid,  nether  zit  lu  forge  new  arlicklea 
DdrMiefe,  ttnrtog^ethe  wanlnfGortuutho- 
vitie,  minkle  les  tn  inake^ihat  tn  be  his  wanI,or 

tbe  tn:w  interprcKation  of  the  same,  qiihilk 
I  (rat  betbn-,  by  hh  lialy  will,  evprewH^I   in 

wiml :  bot  the  caine  nf  connccllis  (wc  ineane 
nk  SI  ntrritc  the  name  of  roiinrelli!i)  was 
the  for  cnnCnladon  nf  heresicn,  and  for  gW- 

puUiek  MHitrMiiou  of  their  fhith  to  tlic  |K«- 
W  iblb>iriii!r,  qullilk  Inith  ihey  did  hv  (W 
borilie  of  G'tdN  written  vcovdand  notbVonv 


iodqe  tB  hat  cbraiie  the  chief  eaiiw  of  ge- 
■I  cuuncclliK:  HiciitJierwnHtin- grnde  ihi- 
■  and  unlmir,  tn  be  cmistitiito  and  obuTrved  in 
Kiric,  quhilk  (an  in  tho  House  of  God)  it 
imniisBll  thininla  be  Aane  decentlv,  and 
rdour.  Not  tliiit  wc  think,  that  an'iHilicie 
an  ardour  in  ifrenumim,  ran  lie  ajijHiviiled 
ill  agn,  titncK  uimI  plat-n,  for  as  cmjiia- 

>jk  aa  mMihavedciised,  arliottcniirarai; 
lay  an<)  audit  tht^-  to  be  ('biiu<i('d,   when 

rather  fontM  mipi.'i^tiliun,  (hvu  tluit  tlitv 
elfae  Kirk,  iiKini;  the  Nanif. 

92.  Uflbi-NMmiiiiiiU's. 
ithebtheriH  nndir  the  law,  IxHiikti  the  Te- 
oT  tlie  tacriticeH,  hnil  tna  chiefl-  koctu- 
Ma,  to  wit,  ciruunieinon  and  ih<r  paoiv-oior, 
■  ami  mnti'miien  HluTtitl',  wvre 
dot'Giid'Kiieupk-:  sa do wcarkuaw- 
laDdCMifeaae.that  «e  now  in  tlH- tinie  of 
buBcLbaviTtwu  ehii'li'MUTuinvutsiirrt'lip, 
MM  be  the  LorrI  Jt-xiu,  aiHl  ctHiiiiiuuleti  ' 
I  of  all  llii'v,   that   nill  U-  n-iiulal  | 

-"■- "-' ■-  '  -tiMOC,  and  the  I 

«■,  ralltil  thr  { 


the  protestant  rdigion.  And  1  do  drchnv,  thrl 
I  mean  rmt  to  bind  up  myxelf  in  uiy  utatiiin, 
■nd  in  a  lawful  way,  towiad  aodcnilearaur  any 
alteration  1  think  to  the  advanta^  of  churuh  or 


afhis  body  and  blude,  and  thir  aa- 
cramentes  alaweil  ofAulil,  bh  of  New  Tentaniegt 
noiv  ingtitnted  of  Gwl,  not  ondie  to  make  ane 
viailite  diHtrenco,  betwixt  bi«  people,  and  ihey 
that  wca  withuul  hia  leog'ue :  hot  alao  to  exerce 
the  faith  ol'hii  eliildren,  and  be  partiniiation  of 
tbe  same  aacramenlea,  tiiseillin  ibeir  hcrtsthe 
aaaurance  of  hii  promiae,  and  ut'lhnt  tnoNt  bles*' 
ed  coojuoction,  union  and  iHieietie,  quhilk  thtt 
elect  have  with  their  head  Christ  Jeaua.  And 
this  weeutteriiedamnetlie  tanilieofthay,  that 
affiime  aacraiuentcs  In  be  nathing  ehe  but  naketl 
and  baire  aignea.  No,  we  afauredlie  bcleere, 
that  be  baplinine,  we  are  ingrafted  in  Cliriit 
Jesus,  to  be  made  partakci^  of'hia  justice,  b« 
quhilk  our  ainneaarcDvered  and  muitted.  Aiid 
niRwa,  that  in  the  supper  Ki'htlic  used  ChriM 
Jeaiin  ii  so  joyncd  with  us,  that  hee  becummb 
~  'ry  Durishment,  and  t'udeul'our  saulea.  Not 
lat  wee  imagine  anie  tnuuubitairtiation  of 
■ml  into  Chrutes  bnfy,  and  of  wine  into  hii 
natural  blude,  as  the  |iu|iisle>i  have  pemiciouslie 
taueht,  and  daninablie  biliVTcd :  bot  Ibis  uniouK 
ind  conjundiuu,  quhilk  ne  have  with  IIik  body 
and  blude  of  Christ  Jesus  in  the  richt  use  uf 
die  sacramenla,  wrocht  be  operatioun  of  th« 
Haly  Ghaist,  who  by  trew  f  ailli  eorryia  ua  above 
ill  thinn  that  ate  visible,  carnal  uid  earthlv, 
uid  makes  us  to  teede  upon  the  body  and  Mude 
of  Christ  JeaiiB,  oubilk  ves  ancs  broken  and 
(hed  for  ua,  quhilk  now  ia  in  heaven,  and  »p- 
pearis  in  the  presence  of  hia  Father  for  iik  :  and 
lit  notwithnanding  the  tar  distance  ofjiboe 
quhilk  in  liel»ixl  his  liodv,  now  rrlraiHed  in 
liearen, and  us  nowmortafin  this  earth:  cit 
ntsurtillic  belene,  that  the  liicad  qu- 
!  liTOik,  ia  the  ivminuniun  uf  t'liriiitea 
liodie,  and  the  cu)>e  ipilidk  we  blesst',  is  the 
conimuniun  ul'hiK  Idude.  So  that  we  mnfesse 
und  unduubtrdlie  beleeie,  tliat  Ike  faithful  in 
Ike  richi  uae  ot'the  I^inl'a  tabic,  do  bo  oat  tlie 
Imdie  and  drink  the  Iduduofthu  I.<OTd  Jesaa, 
diat  he  remainea  in  them,  and  lliey  in  him. 
Zca,  they  arc  mi  luiid  Hesh  of  his  flesh  aiul 
Iwne  of  his  buuea,  thai  as  (lie  eternal  God- 
head lies  [rivm  to  lh«  flesh  of  Christ  Jeaua 
(qufadk  id'  ihe  awin  eiHKlitkiUD  and  nature  wea 
mortal  and  corruptible)  lile  and  imninrtHlitie ; 
>u  dois  ('hrin  JeNiit  hia  ftcah  and  bhide  entlin 
uud  druukeu  be  iu,^ike  untoiis,  tlie  samej)re- 
n^tirea  quhilk  albeit  we  i-onlrwie,  are  iieilber 
yiiCD  unto  ua  at  that  time  oni-lie,  nether  xit  be 


.  .  I  he 
the  liord'alabk-,  lira  cunjauetiuun 
with  Christ  Jisus;  ns  iIh- naiuntl  man  caiinut 
apim-lielid  :  zca,  and  faithcr  nM-  atHrnic,  tlmt 
allKit  the  faithful  apprestud  be  iir-jftipiiee,  iuhI 
liunielie  illlirmitir,  ikiisnot  )irolite  saiiii'ikji',  us 
they  wahl, in tiM- vpKl-  inMnut aitinn id'ilir sup- 
per:  zit  null  itntkT  hriiijr  friite  lurth,  lu  lite- 
lie  seid  tawiniu  gude gniuiul.     Fur  iIm:  lluly 


STATE  TRtAtS)  dSCuABtss  II.  l6Sir~.Trivt  ^tkt  E$rt  iff  ArgyU, 


lesUnt leligioo  :  thu  tiis  CKpIiMUun,   tboo^  >climiIi 
undenland  w  ■    proveDbyhis  hi^bnentiBndfanMf^' 
fait  of  aiy  auih."  fiiTC,  to  lie  thu  day  carpt4 

Bm  tbe  earl  Guding,  as  halb  been  nartoled,    advaxiiage*  thcrenpon  Kwgbf 


state,  DOT  repapiant  to  the  proti 
'  [Drliijalty.    And  tbii  I  ui 
of  nivuttlh." 


Slurit,  ^ukilk  oaa  nrver  be  diitdal  fnk  the  ticUt 
iaititutiotin  (il  Lord  Jesus,  will  not  Irustrai  the 
IwttifolofthelhiiioflbatiiiyuicalBCtioDjiMilall 
thir  ne  say  cummis  of  trew  faith,  4]uhilli  afi- 
pudiendttCiirviI  Jesus,  «'bo  only  mnJus  this 
sacrameal  effectual   unto  us.     And  iherefare' 

-  trhocoerer  Bclanders  us,  as  thiit  ne  affitme  or 
belevis  lacranteQls  tu  be  uaked  and  bure  ugaes 
do  iignrie  udU>  us,  and  speaks  again«t  the  ma- 
nUesI  truth.  Bot  ituis  libdraUic  and  frsnlilie 
Wfe|cuDfaHethat  we  makeaae  dittiurtiouD  be- 
twixt Cbiist  Jisus  in  hii  eterDsl  substance,  and 
belwiit  the  tiemcoiii  of  the  sucrameolal  ugDes. 
So  that  wc  will  nciher   nonbiii  tbe  Rigaes,  in 

.  plac«  el*Uia(  quhilL  LiuKiiiliedbe  theiu,  uElher 
sildoewe  despise  null  inter)  irtt  ibem,  as  iin- 
ptofitoHc  and  vninc,  Iml  dn  use  tlifm  with  all 
mereoce,  eiamiaing  'luntdTes  dili^^tlie,  \ie- 
fbre  that  to  w«  d<).  Ber&use  He  are  assured  be 
die  moutb  of  tbe  apoatle,  that  aik  as  eat  of  thai 

.   bread  and  driuk  ot  thai  cupe  unwoKfaelie,  aie 
guiltieoftbebodie  and  blude  of  Christ  Jesus. 
S3.    Of  the  richt  AdmimsDation  of  the  Sacra- 

That  Sacraments  be  tiobtlie  nunialTBt,  ve 
jud^  twa  things  re<iuiMie :  The  uie,  ilial  the^ 
be  niiuistral,  l>i!  Uuoltlul  [uiiiistcre,  whom  wc 
.affinne,  le  be  oidy  they,  that  ar  opuoyDted  to 
Ibe  nmadiiijg  nt'  ibe  van],  iulo  qiihsis  mouthea 
God  hes  put  suutSermon  of  Exnortatiun,  they 
bring  meD  ImichflUlie  choaen  thereto,  be  sum 
Kirk.  The  uther,  that  they  be  inioistrat  in 
■ik  eletnents,  and  in  «ik  son,  as  Uod  hes  au- 
pujQted,  eUe  ne  aiGnne  that  tlivy  ee«se  In  be 
the  richt  saoraiueati  of  Christ  Jesus,  And 
tberdbre  It  it,  that  we  tly  thi:  doctrine  of  (he 
papistiral  Kirk,  in  |iartic;i|ialiuuof  ihvtrsa^ra- 
neols :  fir^i,  lie<'au«e  Ihiiir  luiniUen  ar«  na 
tiHDiileTs  of  Christ  Jnrus,  xea  i<jiifailk  is  maire 
borriUeltliey  suflcr  wenieo.  nhoaie  the  Hah 
Ohaitf  will  nul  sutTer  lo  loiohe  in  the  congre- 
ntiouD,  tu  bnptizf;  nnl  sccundly,  because 
«^  haveaoaduJieraced  both  tlie  one  saira- 
muit^ad  Ibe  titbcr,  with  their  aiiiii  iiiieDtioos, 
Am  no  pari  of  Christ's  abydes  in  ihenriginat 
pintie.  f^r  nyle,  salt  ajiittil,  and  sik  lyke  io 
twflwiiie,  ar  bot  meunis  intentiuuiw.  Adon- 
UDn,  Teuentioo  lieAtiii^  thruw  siieilis  uiid 
''  I,  and  keijiiug  uf  bruul  iu  boxei  <* 
I,  ar  pm|fhaiuuioun  of   CbrisI' 

'  aa  iwe  ol  ihe  same  For  Christ 
!,  Tak.s  cat,  Vc.  do  Be  this 
V  «l  tnp  he  <]iiliilk  ViVnl  and 
Murlilii-u  brrsd  andniuc,  totlicaa' 
n  of  hut  lia]«.  l-odif  and  tdude,  lu  the 


tfuiltii 


.-lh,v 


tetulilbecj 


j'dthalallsuki  drinks 
liey  »u)d  be  keil<ed  to 
mI  IIS  {>»d.  as  Ibe  pa- 
ir'^ irho  ulsu  coin- 
i..>i»|1hi  iieoplelUe 
>t,  uuUiUiebkMcd 


cupe.  Horeorer  ihatllie  Mcrsntimti  bencbt) 
used,  it  is  required,  that  the  end  tmi  tiuM 
why  tbe  sacnuucnlis  ncre  in&uiDle,  be  uoto- 
Mand  and  ob&erred,  as  well  of  tbe  miiii4«« 
of  the  recriveiis-  For  pf  the 
changed  in  the  receirer,  the  ticht 
(juliii  is  timi-l  evident,  be  the  rejortion  of  iW 
sacriiice,  as  also  sif  the  teachel  plaoeh 
lals  doctrine,  quhilk  were  odious  and  a 
nahte  lielore  God  (albeit  ibey  were  b'v  nfc 
ordinance)  because  Uiat  wicked  lafti  ax  ibl^ 
to  on  utber  end  then  God  hes  ordained.  ni 
same  affirme  wc  of  the  sacrajiieuts  in  ibt  (•■ 
pistical  Kirk ;  in  quhilk  we  affiime  Ae  uft 
BCliun  of  tbe  Lord  Jesus  to  hv  adullenM 
alswcil  in  the  extcrDal  fomte  as  in  the  «od  »■ 
npiiiioD.  Quhat  Christ  Jef.ua  did,  and  on* 
Liiandedto  be  done,  is  evident,  he  ibe  Erit^ 
luiles,  sod  be  Saint  Paul,  quiuit  tbe  prieU  iW^ 
a  altar,  we  ueid  lUit  Ui  rchearac-  1^ 
end  and  cause  (-f  Chrin's  instkutioo.  aad  *' 
the  self  same  suld  be  used,  is  exprassediat 
words.  Doe  ze  this  in  remeiuberBiio* cf  h 
ab  oA  as  xe  »all  eat  of  this  br^,  m 
diinke  of  this  cupe,  ae  shall  sbaw  forth,  ifaMli 
extol,  preax^,  ma^iiie,  and  praise  the  1m| 
death,  til  lie  cum.  Bot  to  igubat  ectd,  u4l 
what  i.jiinioun  iht  prii-sti-a  ^ay  ilieir  vatsse,  U 
the  worde  of  the  same,  tbrir  awin  dodDnoh 
and  wrytings  witness,  to  wit,  that  they  w  oti 
[fiatures  betnixt  Christ,  mid  hi^  tLirk,  dooAt 
unto  God  the  Father,  »  sacriiice  proiiitiaBrili 
for  the  sinnes  uf  the  quick  aitd  the  iai. 
Quhilk  ductrine,  as  bisspheiuous  to  Cbiia  h- 
sus,  and  makiiijf  derogation  Ut  the  suthaeaM 
uf  his  only  sacrifice,  oac«  ofictcd  for  purf^ 
tioii  of  aD  tUey  that  sail  be  sancllded,  we  oilir- 
ly  i^urre  detest  and  renounce. 

at.     To  wboiue  SacraiucDts  apperteioe. 

We  confesse  and  uckuawledge  tlial  bapbiM  ] 
a|iiierteinis  aaweil  ta  the  iulants  «f  the  bilb- 
ful,  as  nuto  tliem  tltat  be  of  age  and  diucnUB^ 
and  so  we  dsiune  the  nror  of  die  Aualu^tiHi 
n  lia  di^oies  bapiisuie  to  appertejiic  tn  cLuldna. 
before  thai  thry  have  faith  aiid  utulcnitandiig  ■ 
hot  tbe  hup(>er  of  the  I>ord  we  confuse  toaa- 
peiieioe  to  sJt  ooely,  BE  be  of  the  houthw 
of  laith,  nnd  <:an  trie  and  examine  tfaenwekrM, 
alsweil  in  thtir  I':.ith,  as  in  their  de»-tietowai4 
tlicir  neicbtbouris.  Sik  as  eale  mhI  driidt  at 
tliBl  haly  table  tvithuut  faith,  or  beeny  at  ii- 
Stfosion  and  divisiiia  with  therr  brMbrea,  d( 
eat  uuworthebe :  And  tbeieiviv  itis  that  iaam 
Kirk,  our  Diitijster%  lake  puhl-ck  aud  p 
ccuBtnatiou,  of  the  knawledge  and  ci 
tionotsdi,  a«  aretubeadmittedlothetaUtrf 
the  Loixl  Jems. 

23.     Of  the  Civil  JIagiitnil*. 

We    confesse    and  ackaawkd^  uuifym 
kio£fduDMtt,   dottoiukium,  ajid    luitae^  u^  it 


STATE  TRIALS,  33  Chablbs  II.  lfiSI.-/or  High  Ttta$<m. 


[spo 


im,  did  immediately  druw  u]»  the  follow  f 
nation  ot'  liis  explicatioti :  and  tor  his  . 
cation,  did  first  coiiniiimicate  it  to  some  I 
,  aiid  thereafter  iiilendi'd  to  havfof-  i 
his  trial  tur  clourin^  of  his  dt^fiMicca.  • 

Kxplanation  of  liis  £x|dicatioti. 

e  df'layeil  hitherto  to  take  the  outli  ap-  . 
ly  the  parliament  to  hu  taken,  hetwixt . 
St  of  January  next ;  but  now  bein^  re-  • 


and  ordained  be  God ;  the  powers  . 
)ritie  in  the  same,  be  it  of  emperonra  ! 
mpyrcs,  of  kin^  in  their  reahncs,  { 
d  jiriiicefi  in  their  dominiouns,  and  of ! 
u^istratefi  in  their  eittied,  to  be  God's  [ 
nance,  ordained  for  manifestatioun  of 

glory,  and  for  the  singular  profitc 
nodhie  -of  mankind  :  So  that  whoso- 
h  about  tn  take  away,  or  to  confound 
AzXa:  of  civile  policif^,  now  lon^  csta- 
we  affirme  the  same  men,  not  oneiy 
nies  to  mankinde,  but  also  wickedly 
•vainst  God,  his  expresse«l  will.  Wee 
ontesse  and  acknawledg^,    that   sik 

as  are  placed  in  authoritie,  ar  to  be 
>noured,  feared,  and  halden  in  maist 
•stimatioim :  because  that  they  are  the 
ntsofGod,  in  whose  sessiouns,  God 
lots  sit,  and  judge :  sea,  even  the 
nd  princes  themselves,  to  whom  be 
ven  the  swoni,  to  the  praise  and  de- 
ude  men,  and  to  revenge  and  punish 

malefactors.  Mairovcr  to  kings, 
rulers  and  ma^rlstrates,  wc  affirme 
lie  and  most  princirallie  the  conserva- 
lurgation  of  the  religioun  appertaines, 
ot  on  lie  they  are  appointed  tor  civile 
ut  aliio  fur  mainti'nance  of  tlie  trew 

and  for  suppressing  of  idolatrie  and 
Min  whatsoever.  As  in  David,  Josa- 
cchias,  Josias,  and  nthcrs  highlie 
led  for  their  zeale  in  their  caice,  may 
I.  And  therefore  wee  confessc  and 
ut  sik  as  resist  I  he  supreme  power, 
at  thing  mihilk  appertains  to  his 
lo  resist  God  his  onlinance:  And 
cannot  be  guihless.  And  fiirther  wc 
lat  whosoever  denies  unto  them  ayde, 
^sn\  and  comfort,  ouhiles  the  princes 
•B  visrilaiitjy  travel  in  execution  of 
ce,  tliat  tlie  same  men  deny  their 
port  ami  counsel  to  Cvod,  quha  l)e 
ICO  of  his  lieutcnncnt  do»  crave  it  of 

fie  Giiiftcs  frcelie  given  lo  the  Kirk. 

hat  the  word  of  GimI  trenlir  jHX'Uch- 
lie  sacraments  richtlie  ministi'cd,  and 
executeil,  acconlin^  to  the  wnrd  of 
lie  ceitaine  and  infullililr  signf^  of  the 
:,  w«  metme  not  thnt  e%'erii-  luirticular 
imied  itiih  sik  company,  be  anoelfct 
v  Christ  Jesus :  For  we  acknawk^lgc 
that  domcl,  cork  el,  and  cufli?!, 
I,  ISTOW,  niid  in  great  nhrmnilance 
(rt'die  wbeit,  tnat  is,  tho  repro- 


(luired,  near  two  months  sooner,  to  take  it  thia 
day  peremptorily  ,or  to  refuse,  I  have  consUlca-ed 
the  Test,  and  have  been  several  objectioiis 
nio\ed  against  it,  espi'cially  by  many  of  the 
orthodox  clergy,  uoiv.ithslumhug  whereof,  I 
have  cndea\ourcd  tti  satisfy  myself  Mith  a  just 
ex^jlaiiation,  uliich  I  here  oiliT^that  I  may  both 
satisfy  uiy  couscicucc  aud  obey  \  our  hi>stmess, 
and  yourlordships  commandos  in'taking  the  test, 
though  the  act  of  iiarlianient  do  not  siiiiply  corn- 
bate  may  be  joined  in  the  socictie  of  the  elect, 
and  may  externally  use  with  them  the  benefites 
of  tlie  word  and  sacraments,  iiot  sik  being  hot 
temporal  pnifessoures  io  mouth,  hot  not  in 
heart,  do  Mi  backe  and  continew  not  to  the 
end.  And  therefore  have  they  ua  fruite  of 
Christ's  death,  resurrection  nor  ascension ; 
but  sik  as  with  heart  unfeigned  beleeve,  and 
with  mouth  bauldely  conlesse  the  Lord  Jesus, 
as  beibre  we  have  said,  sail  roost  assuredly 
reoeive  their  guil\ea.  First,  in  thia  lile  remis- 
sion of  sinnes,  and  that  be  only  fkith  in  Christ'* 
blude. — In  sanieikle,  that  albeit  siime  remaine 
and  continuallie  abyde,  in  tliir  our  mortal  bodies^ 
zit  it  is  not  imputed  unto  us,  hot  is  remitledt 
and  covered  wiui  Christ's  Justice.  Secondly, 
in  the  general  judgement,  there  sail  be  gi^-en  to 
every  man  aud  woman,  resurrection  of  the 
flesh.  For  the  sea  sail  give  her  dead;  the 
earth  they  that  therein  be  inclosed,  zea,  the 
eternal  our  God  sail  stretche  out  hi$  band  on 
the  dust,  and  the  dead  sail  arise  uncorruptible^ 
and  that  in  the  substance  of  the  selfe  same  flesh 
that  ei-erv  man  now  hearts,  to  feceive  accord- 
ing to  tueir  warkes,  ^lory  or  punishment. 
For  sik  as  noiv  delyte  ui  vanity,  cruelty,  fil. 
thynea,  8U|icr8tition  or  idolatry,  sail  be  ad- 
judged to  the  tire  uuqueuchalde.  In  quhilk 
they  sail  be  tormented  for  ever,  alsweil  in  tlieir 
avim  liodyes,  as  in  their  saulcs,  quhilk  now 
they  give  to  serve  the  devil  in  all  abomination. 
Dot  sOl  as  continew  in  well  doing  to  the  end, 
bauldely  |ux>fessing  tlie  Lord  Jesus ;  we  con- 
stantly believe,  that  they  sail  receive  glorie, 
honour,  and  immortally,  to  reigne  for  ever  m 
Vii'e  everlasting  with  (Jnrist  Jesus,  to  whose 
gbriiied  bodv  all  lib  elect,  sail  be  made  lyke, 
w  hen  he  sail  apfieir  againe  in  judgement,  and 
ball  rander  up  the  kingdome  to  Gou  his  Father, 
who  then  sail  ber,  and  ever  sail  remaine  all  in 
all  things  God  MeKseil  for  ever.  To  whom 
with  the  Sonne,  and  with  the  Ilaly  Ghaist,  be 
all  honour  and  glorie,  now  and  ever.  So 
belt. 

Arise  J  O  TjordCf  and  let  Ihy  enimifsbccon^ 
foundedy  let  thrm  fiee  from  ih\f  prrsrncc  that 
hate  thy  godliv.  name.  Give  thy  scrtandi 
ttrent^th  to  sptnke  thy  tcord  in  hriufdnesse,  and 
let  all  natitmns  cleave  to  thy  trcw  hnuulcdgc. 
Amen. 

Thir  acts  and  artikles  are  red  in  the  fare  of 
parliainent,  and  nitifyod  by  the  three  Pbtuitie^ 
at  Kdinburgh  the  17th  day  of  August,  the  ziur 
of  God  1500seiris. 


a»0  ^ATsnuaib  93.cauu>iLi6«i^7rikf^aefiri^^^,  ^ut' 

TheCouMa's  I-ctteh   to  hk  Mv<^<  <^- 
of  Al^le. 


maDdlhe  tiling',  but  odIv  uudera  . 
nbtch  1  rfliild  i-Bsily  aufamit  if  it  wcw  .wMl  y«lg 
bighness  favour,  ami  iiiivht  bcwidUMtalMee, 
but  I  latt  DOI W  he  BlDgiilHr  ;  aud  I  ■■  Jt^  de- 
siinuii  to  git  e  obedience  iti  thw  and  eraylbcta 
<ar  as  I  c-in ,  and  that  ivhii-h  rlrais  rM  fa,  ttat  I 
am  coutideiil  whaterrrany  man  maj'~" 
say,  to  tfae  prrjiiiljr^  ofthis  oalb  ;  the  fl 
nerer  imenileil  to  trnpose  contradiuniT" 
and  because  their -sense,  they  bdng  lb«f. 
and  iinpoeiem,  i»  the  true  sense,  aoddnt  flu 
Test  injaiiicd  it  ot'  n»  private  iutcrpntiliaB,  ter 
are  the  kiiig'^  stnlutca  tn  he  inreqiicM  W  Is 
Ilieybenr,  and  to  the  intent  lliey  armamit, 
therefore  I  think  no  man,  that  fa,  DO  |^~ 
vateperson.cinexplainit  for  another,  to  i^MK 
or  trouble  him  with  (It  mayht?)  miMoLw^JoMM. 
Bat  erery  man,  us  he  ■!!  In  lake  it, »  ■  to  «x~ 
|ilaiD  it  for  bitiuelf,  nnd  to  end<«Toiir  to  vniir- 
studit  ^notiviihstan(fin{r  allthi 
theparlumcnts,  nhich  is  its  true  umI 
"     "      I    take  h   therefore,   nMwil' 

Sle  made  by  any,  as  far  aa  ia 
snd  the  proteitaiil  religina, 
wbdiy  in  the  rmrlianiKnt's  s«ns(\  and  i^ 

meaning;   which   fbeing  present]   I 

•raa  owned  bv  all  lobe  theaecuring  of  Hit  ]/Mm 
i,'ft>undedaiitbewoidof  aoil,H4 


Hay  it  please  your  ^cred  M^oij 

The  laM  pariiament  ha«uig  rbnAe  n  .™, 

and  so  Bdvaat^^eous  Bcii,  fiM-iecmiue  then*- 

teMaU   nd%i0D,  the    tmpenal -'  -^ 


I  of  to 


a*  well  ecdoRMtic  an  civil ;  sod  «hn  ._ 
*wrar  to  aasert  and  defend  all  his  m^jMjr^ 
ngbls  and  jirerofiBtiTes,  this  ia  rvMrring  tbrm 
■be  intrinsic  uniilicrBUe  power  of  the  t}aaL, 
inimedialely  denied  from  J«xi»C'hrM,  usi, 
UK  prmer  ofthekeysconiistiD^iu  thepnA 
iogof  the  word,  adiuiiiiKmiion  of  ibc" 
tnenla,  ordaininic  of  p«*tors,  eienw  (it 

pline,  and  the  liolding  of  eucb  n— -mh 

are  Deresury  f<T  pnatTra^oa  of  pcwx  «1 ' 
oni^,  tmtb  and  puritv  iu  the  rhuirk ;  «i 
iritM,  ■e^obarehy  think,  that  the  kiif  hM  ' 


I  w«ra  biNuid  up  fiiither  thi 
oTllMoalh.    I  do  declare, 


far  as  it  docs  i 


inderstand  it  only  at  I 
>t  contradict  these  eiLceposM." 


s,  that  by  that  part  S 
■ucHat,  that  dierejies  nooblipltion  on  me,  »ec. 
I  meui  DM  to  hind  ttp  mj-sejf,  in  my  elation, 
and  in  a  Uwfiil  way,  still  disctairain^  all  un- 
lnwfiil  etiiiesvoars,  to  wish,  and  endeavour  any 
■kantioii,  I  think,  according'  to  my  cooseience, 
to  the  advantage  of  church  or  state,  not  repug- 
DUttodepRitestantreligion.Bndmy  htyahy,  '  ..  "  Because  our  consdeaces  requires  the  |ib- 
and  by  myloyalty.Iunderstandnootber  thing  '  "sbuig  and  declaring  of  that  exprag  iwif 
than  the  itords  plainly  bear,  to  wit  the  rinty  ?'"^""™'n'«"»8''»eTest,lhatiireheiiolJifa' 
and  allegiance  of  all  kiyal  •ubjects  :  and  din  ""erpreted  to  swear  it  in  these  " 
explanaSoD  I  oiidersland  as   a  part  not  of  the     ""'''  uncharitaU. 


The  Explanation  of  the  Test,  by  theSjMd^ 
Ckrgy  of  Perth. 


TwtjWKtof  parKamenl,but  i  a' qmdi^W  I  "Pf '«  I'Ut  upon 
lof  myoath  thrtlamloswair;  andwith  I  '"^^ 
aiDWiHiDg    to  take  tfae  test,^yoar 


K*.!: 


■  and  ^our  lordships  aUow  me, 
MUM, Ht  mlniunian  to  your  higbnets,  and  tbe 
WmiA'f  pleasure,  I  am  conleot  to  be  heM  as  a 
llfliii  'il  pKMoL*" 

*  The  BiAop  of  Abeidecn,  and  the  Synods 
ExplanatioD  of  the  Test. 

■*  We  do  Dot  hereby  swear  to  all  the  particniar 
MWidBBa  and  eipressionB  of  the  Confeasion  of 
lUdt,  nntioned  in  the  Test,  but  only  to  (he 
BlInD  doctrioe  of  the  reformed  chitrches 
oaeMtoed  therein:  2.  We  do  not  hereby  pre- 
JDd|D  VK  cbarcbes  rtgtit  to,  and  power  of  mak- 
■ya^  aharatiwi  in  the  said  Confeasion,  as  to 
^  IMdinity  and  obacuie  expressions  Ifaereof, 
W  if  Btting  a  more  onexceplioaable  frame. 
^  Whvwevwear,  That  tbe  king  bsupreiDe 

"imr,  «*<r  an  pasons,  and  in  all  causes. 


it,  and  coemies  to  m^  fli 
,  ad  because  sume  m^  ■ 
the  government,  who  are  idf 
I  bruachers  of  odious  and  caluiunious  Uavias 
I  against  uur  persons  and  ministry,  ate  ipl  Is 
;  deduce  iuferifncv^  and  couclusiuns  tnxn  Ikl 
'  alreil),'ed  aiiibi^'iiili-  'jCKonH  proposiliDn  sfA* 
Test,  that  we  chantaUy  and  firmly  do  Umm 
i  irere  never  intended  by  the  unpoaers,  Mr  it- 
,  oeired  by  the  takns.  IVreture  to  sUbfy  <■ 
j  consciences,  and  to  save  our  credit  ftom  thn 
tinJiLst  imputations,  we  expressly  declare,  Ita 
tve  swear  the  Test  in  this  fidbwing  tacsMif' 
1.  By  taking  the  Test,  we  do  not  swcv  k 
i  every  proposition  and  clause  contained  in  ik 
Conlession  of  Faith,  hut  only  to  the  tme  Ra- 
totant  religion,  founded  upon  the  word  of  G«d, 
,  t'ontaioed  in  thai  Confesioo,  as  il  is  opp«ac4 
til  poperj'  and  fkoalicism.  i.  By  sweanw  As 
ecclesiastic  supremacy,  we  awear  it  as  wenara 
done  formerly,  withoiit  any  lefetence  to  the  aa- 
sertoTTBCt.  "'  ■ 
chlUCD,    iti 


STAT£  TRIALS^  33  CiiAnLES  11.  l6Sl.T-/or  High  Treaton. 


[894 


igdom,  ind  your  lobjesty's  sacred  person, 
Imn  God  Almiglity  loii^  preserve)  and  bav- 
;,  ibr  the  last,  and  as  tbe  best  way  for  se- 
rin^ all  these,  appointed  aTest  to  be  taken  by 

scr  of  the  keys,  as  it  was  exercised  by  the 
iQBtks,  and  the  pure  primitive  church,  for  the 
M  three  ceutunes.  3,  By  swearing,  that  it 
unlawful  to  oonvocate,  convene  or  assemble 
any  council,  conventions  or  assemblies,  to 
It,  consult,  ^c.  in  any  matter  of  state,  civil 
ecclesiastic,  as  we  do  not  evacuates  our  na- 
il liberty,  whereby  we  are  in  frc^edom,  inno- 
illy  without  reflection  upon,  or  derogating 
HUiorily,  or  persons  intrusted  with  it,  to 
narse  in  any  occasional  meeting  of  tliese 
■gs  ;  so  we  exclude  not  those  oUier  nieet- 
;s  which  are  necessary  for  the  well-being 
i  discipline  of  the  churcn .  4.  By  oiu-  swear- 
l  it  unlawful  to  endeayour  any  change  or 
■BtiMi  in  the  government,  eitlier  of  church 
rtite,  we  mean,  that  it  is  unhiwful  for  us  to 
ksroor  the  alteration  of  the  specific  guvem- 
iflt  of  monarchy,  in  the  true  and  lineal 
Hnt,  and  episcopacy.  5.  When  we  swear 
Ac  genuine  and  literal  sense,  .Sec.  %\e  uudei*- 
■d  it  so  far  as  it  is  not  opposite,  or  contra- 
ioiy  to  the  foresaid  exceptions." 
fhey  were  allowed  to  insert  afler  the  Oath, 
be  their  subscriptions,  these  words,  or  to 
I  purpose : 

-*  IVe  under-written  do  take  this  oath,  ac- 
iliiig  to  the  explanation  ma<le  by  the  coun- 
approved  by  his  nuyesty's  letter  ;  and  we 
dare,  we  are  no  further  bound  by  this  oath." 
It  appears  by  the  Sederunt  of  September  23, 
II,  that  on  toat  day  the  Test  was  subscribed 
many  Vtivy  Counsellors,  and  by  the  eari  of 
iccDslen^-,  who  coming  in  aflter  the  Test 
1  taken  it,  dechured  that  he  took  it  with  the 
plication  following : 

*  His  kmlaliip  declared,  that  by  that  port  of 
i  Test,  That  there  hes  no  obligation  to  en- 
troor  any  chanee,  or  alteration  in  the  go- 
anent,  &c.  He  did  not  understand  himself 
he  obliged  against  alterations,  in  c:ise  it 
B«id  pkue  his  majesty  to  make  alterations  of 
i  goremroent  of  Church  or  State." 
ndhy  the  Sederunt  of  October  Si  1st,  16R1, 
tens,  that  on  that  day  the  bishop  of  Rdin- 

£"  having  drawn  up  a  long  explication 
Test,  to  satisfy  the  many  objectionH  and 
FMlca  moved  against  it,  «ii»ecially  by  the 
■mined  clei^y,  presented  it  to  the  council 
riheir  lonlshi|is  approbation,  which  was  or- 
Iri  to  be  read  ;  but  tlie  pa|»er  proving  prolix, 
rilsdious,  Ids  highness,  afler  reading  of  a  few 
WtMf  interrupted,  saying  very  wittily,  and 
Hbently,  That  the  first  diapter  of  John  with 
■ne  will  chase  away  a  dog,  and  so  break  it 
t  Yd  the  bishop  was  afli-rward  allowed  to 
hHkiffae  pkaaed." 

Vte  tmubactions  ore  much  discussed  in  a 
IttiMitkNl  «'  The  Scotch  Mist  ck*ared  up,*' 
icli  is  inserted  in  the  volume  of  State 'IVucts 
KriMd  in  169'^,  and  of  which  the  7th  chapter 


all  who  should  he  intrusted  with  tlie  Bovem- 
iiicnt ;  which  bears  expressly  that  the  same 
should  be  taken  in  the  plain  and  genuine  sense 

and  meaning  of  the  words  ;    We  wesre  very 

-  -     — 

'*  Of  the  Reasons  alledged  by  some  eminent  Mi- 
iiiKiers  of  the  Kirk  of  Scotland,  why  they 
refuse  to  take  the  Test-Oath. 

**  Tlie  earl  of  Argyle  is  not  alone  in  his  ques- 
tioning the  lawfidness  of  taking  the  oath  with- 
out hiuitations,  and  due  clauses,  for  I  find 
many  eminent  persons  amongst  the  confirming 
clc^yf  ^ho  nave  met  with  the  same,  or 
greater  difficulties,  which  that  I  luay  evidence 
I  shall  faithfolly  give  the  reader  a  copy  of  a 
certain  Maiuiscript  drawn  up  by  tliem  m  the 
following  w  ords : 

"  Grounds  whereupon  sf»me  of  the  Conformed 
3Iinisters  scruple  to  take  the  Test. 

"  First,  passing  by  the  danger  of  Oaths,  when 
pressed  so  ^nerull v,  men  of*  the  least  tender- 
ness  ordinarily  swallow  tliem  easily,  and  make 
small  coiisoiciice  of  obsening  them,  whilst 
tliey  that  fear  oaths,  are  hardly  iuduce<i  to  take 
them,  aud  by  then:  strict  obsorvance  make 
themselves  a  prey,  we  tliink  it  strange  that  this 
oatli  should  be  in  joined  to  ns,  who  cannot  be 
suspected  rationally  to  incline  either  to  phana- 
ticism  or  popery,  since  by  our  subscriptions  to 
the  oath  of  supremacy  and  canonical  obedi- 
ence, we  have  sufficiently  purged  ourselves  of 
the  first,  and  by  our  refuting  popish  errors 
daily  in  our  pulpits  do  shew  an  utter  abhor- 
rence of  tlie  otlier,  and  further,  since  merely 
our  owning  of  episcopal  government,  has 
begot  and  still  increases  hi  the  minds  of  our  peo- 
ple, such  an  aversion  from  and  dislike  of  us,  we 
would  have  expected  that  our  spiritual  fathers 
would  not  have  exposed  us  to  greater  loathing 
and  contempt  by  such  engagements ;  which 
although  it  should  be  granted  to  be  causeless 
and  unjust,  yet  we  think  ourselves  hound  to 
shun  it,  that  our  ministry  may  be  the  more 
taking  with  them,  since  the  thing  pressed  upon 
us,  is  neiiher  absolutely  necessary,  nor  yet  so 
evident  in  what  is  asserted  for  truth,  as  may 
incourage  us  for  to  under  lay  their  prfjudioe 
conceivtHl  tliereupon,  and  fuially,  since  it  is 
known  that  (objuring  tlie  covenant  did  hinder 
many  miiiijtters  to  conform,  and  [leople  to  join 
in  onliuanc*es  disiiensed  by  cMinfonnists,  and  our 
parliaments  had  liitherto  shewed  such  civil  mo- 
deration as  to  free  us  fh)m  tlie  declaration,  wc 
cannot  IcKik  at  it,  but  as  bad  and  fatal  tliat  our 
church  should  be  daslied  on  this  rock,  which 
may  occasion  its  splitting,  and  instead  of 
quenching  this  former  p\  il  create  new  flames. 

*'  Secondly,  us  u  o  w  ish,  for  the  suppressing  of 
the  <rr(mth  of  jicipery,  a  more  particular  way 
hiidiieen  made  use  of,  even  for  Uie  discovering^ 
of  sucli,  as  ore  of  no  public  trust,  so  we  ('anuot 
but  regret  that  this  test  has  been  so  framed,  as 
to  divide  the  sound  sober  Prei»by  teriaus  amongd 
themselves,  whereby  ourcomuion  uuanies  aiY 
gratified,  and  the  true  fiiitli  •^udnnicered,  ymm 
Ceiug  persuaded  that  there  are    manv  Piwkty* 


dHMWItoiUkr  MNrMlAc^  the  said  Oeili 

ajfHWIIfettciWiM,1aalte  fte  mid  oath,  as 

llAptlli  A«.ita0iM.  cMpknea,  ministers 
flmCm  t  Wb*  MiMlVDMIbenct^  take  ihis 
TNlil^T>tA>dtthrOMMIkd  *re  ready  to 
Mkif^MHflriiMMM,  We  think  it  Ud 
MHirlwt  t»  ten  «M4MaMb«t  Ruiii«tbiii(r 
'      '  '  I  «f  Mi^  Am  l»kave  put  sucli  a 


f  Fahh  i«c»nled 


till  III  iJfcf^**'' 

-,:*n»Jrytiwtc^fiirrilrf 

!»*>*■*  I  uBlliitrfhi^ James  Ihe  6tii, 
kliMI*  BiBgl  m  il,  mkiA  raaj  sc*re  the 
wmfaytoitwitboiitlimititiomai  1st.  tSectian 
0M  uS,  it  HMTti  Ibon  to  be  evil  wi>r|u<, 
Mkh  are  dne  not  tidy  mitra,  but  prr'fc/- 
wrtlPei   MJj.SaodDiillieQSth.  It 


liMjCri  I   III  ^  >« 
llJF*        "  CM,*! 


torn  U 


Mij  when  ic 


■SSTBia  «•  add  bian  mi 


J  gnod  works  to 

Sdlj.  SBetion  the  15th, 

-"I  fl»  U  the  only  beail 

is  eoupted 

9  tntnKle  (hnn- 

Md  otTiM.    4th. 

_    _  ,   —  _ ,  popinh 

s  i*  «raM  M  «  IH  raMilT, 


tbtrMmttom in  Hx Twt itwif 

"  ftwrWy,  wefearthstMrpi'oiile  may  look 
Ml  ^  raAera*  countmMicert  aixl  eneouragcr», 
|(mb  auypiuma  of  popery,  gEf-tiicf  liy  ibe  net 
«««e«Migcd  td  dilate  J^aiHy  in  Onober  such 
■•  inthdraw  A«m  our  miniairy,  lliat  they  muy 
be  ptHHBbed  by  the  civil  imgiHrates,  and  jM 
fcj*  fte  (Bine  act,  the  kang^  lawful  bnither  and 
■aw  m  perpelMum  m  excnwt  from  taking  the 
Teat,  an4  coneifaeMly  left  al  Kberly  to  be 
n^Mlior  Protestants,  and  what  bad  tiifliience 
the  avanpk  may  hafc  on  infarvir  people  may 
•uSThapprebended,  aad  our  taking  the  T«Ht 
mU  Be  nputed  an  appronag  ol  thM  exemp- 
tigk,  whiofa  will  be  more  stumbling.  That  bH 
HmMractvafweal  ptpitta  were  made  wiihoui 
■M  cxetBptioD,  and  Iliem  all  declared  M  l>e 
lBHla<fri,Vho  embraced  not  the  reDirmeil  re- 
i^ien,  ptrtioularly  in  the  <7th  act  M  the  third 
pariiBUimt  ol'Jamea  iheSthand  the  mb  act  ol' 
Ibe-Hnt  MrUmneHt  of  Charles  S. 

**  FWily,  we  af¥  to  swear  that  thereliesno 
cWgition  on  us  by  virtue  at  the  tatp  coteniuiis, 
oranyotber  manner  of  way  tr>  eniiea»our  the 
Ckmge  of  the  g;oTurnmant,  eilliei'  in  church  or 
aMe^  aa  it  is  estaUialied  by  law,  ivherc  we 
anpfMrweare  aimm  not  only  tri  inninlain  nio- 
WnlM',  but  alaa  aa  onr  hm  Ms  ii9  in  (bt-  pre- 
WMIbe,antl  a  the  oeareA  akiii  luourpre- 


iMwtU  in  jtMlge  the  <hn«ati<m  C 


a  privy  rouniiellor,  ipoke  anmc  ihinjri  tW 
were  nnttlieoheard.  nor  adiotcd  la,«i<«ia 
his  lordship  at  hi»   next   otfeiitw  W  Ukitt 


the  8(h  act  of  Hie  Ibi  (tatlianimt  of  Itm 
the  01  h  to  be  conlTBilictory,  uhicb  ;;<tiiii 
slandiugf  unrepealed  law,  'aiacu  iKn  tonal . 
parliament  hatli  ratitiod  aitd  cAnfimwd  *ll  iA ' 
made  in  futonr  of  Ibe  tVttc-^bat  ni^ 
whereof  this  is  one,  so  Uiat  w«  iwtar  «al» 
dictions. 

"  Sixthly,  as  for  thnehnn-h  f»OTrrnnienl,al| 
in  now  L'stablished  by  law^  Iherv  baili  Mt  Mt . 
nor  are  yet  wanting  koimnI   PmitottaliL,  «" 
aiKert  the  Job  divinnm   of  epiacopry,  • 
could  not  in  oonacienee  take  thi*  oath,  ■ 


the  king  b^  Tirlu*  of  hi«  i>t«nigalini  «4 
premacv  is  impawercd  by  law  tn  dincwiir 
cilemal  g-ovemment,  and  policy  ofliwdno 
as  he  pleaxea,  as  fitr  •urh  a*  hiok  up<iB  « 
coyia]  gincmment,  us  inditltTmi  in  HstU'.  ' 
withBtanding' theflubminnan  dial  wrgtrtul^ 
or  have  engaged  lur.  they  mn  u  liiU!  a 
on  these  terms,  for  why  thoakl  tbfy  p 
never  to  endeavonr  In  alwt  that  wh«4i*  in  i 
■hey  look  upon  as  alterable,  ibrre  bcin|;  otM 
different  thing'  which  In  tract  of  timr  tlma 
the  cormpliou  of  men,  do  not  ]  '    '' 

and  why  might  not  mm  in  thni 
viiur  the  rdresliinij  by  lair  !!•• . 
evil,  and  adiise  hM  m«tJ<Mv  it  >" 
exert  the  [inwer  settled  on  him   K 
tretin^  the  rhurch  from   anj    lj 
and  although  we  have  togasnl  tu  —  .  .-  - 
yet  we  ever  did  wish  tbat  they  may  »  a 
Binong.1t  nii  in  a  way  more  suHahte  or  lha|f 
mill*etinKs,  vie.  Thai  their  nuoAer  n 
morp  encreaaed,  that  they  mi|^l  be  « 
the  church  alenarly  to  that  olhoe,  aw)  i 

might   be  made  hnblc  lo  the ■ 

church  for  Ihrir  doctrine  life  ai 

they  might  not  he  snrh  p 

in  eiiil  oilaiL's,  and  that  syiKxhi 

tenm  nnglit  haie  more  power  tt 

them  by  the  act  of  rextiioiion,  fi 

a  rcuieily  in   any  of  wlricb  tbinp)  ^^1 

doth  tin  us  up,  " 

"  Seventhly,  flie  nower  given  In  ibcUl, 
the  present  hws,  if  lie  Kiiuuld  tie  pnpiiktk 
be  very  prejudtnal  (o  the  PrritE^tant  in" 
for  by  tJie  fir!>t  net  of  the   9ml  |>arliBiii 
l^hai^cs  the  and  he  may  nMeuly  ilis|iimrfl| 
exteiTiBl  pidirj  of  the  chiiTi:h,  but  (WJ^*^ 
such  a<:is  (.'enocniinv  the   )ier* 
theri^ii,    in    all    ecclMiasiicJ    uirfnin,--  — ■ 
niBtiera  lobe  treated  upon  tlnrviii   nWltl 
slial!  ttiiiJi  tit,  and  Ibis  act  oulj  puMiib*^*! 
W  oblige  all  bis  auhjei:t,   an'l  l-y  iLt  »ci  li^ 
national  avnod,  no  ducoinul   in< 
pru|ws«l,  ^ebnlwi  or  eonchided  iii 
press  bUowi 


I  will  iiove  liar  tl 


Hoclthaco*  relit  ct  augna . 


STATE  TRIALS,  33  Chaelbs  II.  l681^or  High  TWomm.  [898 

reaiory,  was  commanded  to  take  it  found  fwlXy  of,  to  the  end  that,  after  our  being 

ereAisedtodoso,  but  gaveinanaper,  fully  mfbnned  thereof,  we  may  signify  our 

be  only  sense  in  which  he  would  take  furtlier  pleasure  in  this  matter.    For  doing 

I  paper  we   all  considered,  as  that  whereof;  &c. 

lia  it  no»  and  scandalous  reflections  3^^  ^  mrtwithstanding  the  council's  de- 
excellcnt  act  of  parliament ;  makmgr  „„dUi«,  by  their  letter,  Tiis  majesty's  allow- 
«n  thmjp.  «mtradictoij-  and  mconsis-  ^^  fo/pniecuting  the  earl,  they,  fcfore  any 
thereby  depraving  your  miyesty.  ^^  caused  his  majesty's  advowte  exhibit 
nspresenttng  your  parlmmen^  and  ,„  i„ietmcnt  againrtThim,  upon  the  points 
your  subjecu  to  evacuate  and  dis-  ^  Pandering  anf  depraving  as  hath  beSi  al- 
ii laiw  and  wcunbes  that  can  be  ^ady  rem  Aed,  so  after  Wing  received  his 
'  *  I  •  nrf^Tk'^^*'  government :  „^j^  .,  „^^  ^  j^^  ^  ^  th.^ 
.  whicl.,  his  lordship  d«3an»  "P  that  ^^^  ^^  fit  to  o«ter  a  new  Tnilfctment  contam- 
.at  he  means  not  to  bmd  up  himself  ;  \^  ^^^  f  ^  ^  ^^^  ^ 
iog  any  alteration  he  shall  think  fi  ^^^  ^„j  .  ^^^  li^wdingly  was 
dvanlaje  of  chur.h  or  slate;  and  ^,,5^  ^^  I,  te^'gubjoined,  the  dfilWeiice 
^  he  ae«H»  may  be  »«»oked  u,,on  as  f^^  y^  indictm^  b«^ing  only  in  th« 
IX'j^^l^ira^ToJ'jl^S^J:  particulars  aboye-noted. 

'*:?h^'t'i:Se'*JS^'e:rlSre  ACopyofthe  Ihd.ctm«.  .gains.  «:•  eari  of 

'  EtUnburgh,    and  to    transmit    the  Argyie. 

rour  majesty,  being  expressly  obliged  <*  Archibald  earl  of  Argyle; 

3se  by  your  majesty's  e3C|«es8  laws.  *<  You  are  indicted  and  accused,  that  albeit  by 

lave  oominanded  your  m^esty's  ad-  the  common- law  of  all  well -governed  nations, 

raise  a  pursuit  against  the  said  carl,  and  by  the  munici]ml-law  and  acts  of  parlia- 

uitlior,  and  having  given  in  tlie  said  ment  of  this  Idngdom ;  and  particularly,  by 

nd  for  the  iurther  prosecution  of  all  the  21st,  and  by  the  4dd  act,  par.  3.  James  1.  and 

)  this  affiur,  we  expect  your  majesty's  by  the  83d  act,  par  6.  James  5.  and  the  134th 

s,  which  shall  be  most  humbly  and  act,  par.  8.  James  6.  and  the  805th  act,  par.  14. 

obeyed,  by   your   majesty's  most  James  6.  AUleasing-makersandt^ersofthein 

nost  uuthful,  and  most  obedient  sub-  are  punishable  with  tinsel  of  life  and  goods ; 

len-ants.  like  as  by  the  107th  act,  par.  7.  James  1.  it  is 

iscribitur,  Glencaime,  Winton,  Lin-  statnted,  that  no  man  interpret  the  king's  sta- 

^erth,  Roxburgh,  Ancarm,  Airlie,  Le-  tutes  otherwise  than  the  statute  bears,  and  to 

,  Jo.  Edinburgen,  Ross,  Geo.  Gar-  the  intent  and  efiect  that  they  were  made  for, 

.  Naitlaod,  G.  Alekenzie,  Ja.  Foulis,  and  as  the  makers  of  them  understood  ;  and 

Dond.  whoso  dries  in  the  contrary  to  be  punished  at 

rgfa,  Nov.  8, 1681.  tlie  king's  will :  and  by  the  10th  Act,  Par.  10. 

James  6.  it  is  statuted,  that  none  of  his  ma- 


Navember  15,  1681. 


jesty 's  subjects,  presume  or  take  upon  him  pub- 
licly to  declare,  or  privately  to  speak  or  writ< 


f9  Answer  to  the  C^ouncil's  Letter.  ""'^  '"  ""'"".'  "'  Fr.,^«:.jr  -"1^-7.7.  ^"** 

'  any  purpose  of  reproach  or  slander  ot  his  ma« 

Most  dettr,&c.  Having  in  one  of  your  jesty's  person,  estate,  or  government,  or  to  de- 
eded unto  us,  of  the  8tn  iust.  received  prave  his  laws,  or  acts  of  parliament,  or  miscon- 
ar  account  of  the  carl  of  Argyle's  re-  strue  his  proceedings  wnereby  any  mistaking 
take  the  Teat  simply,  and  of  your  may  be  moved  betwixt  his  highness,  liia  no- 
gs against  him,  up^DO  the  occasion  of  bility,  and  loving  subjects,  in  time  coming, 
:  in  a  paper,  shewing  the  only  sense  under  pain  of  death  ;  certifying  them  that 
lie  will  take  it,'  which  hail  in  it  gross  dot's  in  the  contrary,  they  shall  be  reputed  as 
lalous  reflections  up4)n  that  excellent  seditious  and  wicked  instruments,  enemies  to 
'  our  parliament  there,  by  which  the  his  bigness,  and  to  the  commonwealth  of  tliis 
was  eiyuined  to  be  taken:  VVe  liave  re^ilm,  and  the  said  pain  of  death  shall  be  exe- 
ght  fit  to  let  you  know,  that  as  we  ciited  a^inst  them  with  all  rigour,  to  the  ex- 
y  approve  tliese  your  pro<'ee<lings,  ample  of  otluTS :  and  by  the  second  act,  ses.  2. 
ly  your  sending  the  said  earl  to  our  pur.  1.  Char.  2.  it  is  statuted,  that  whosoever 
Edinburgh  ;  and  your  conimandiug  shall  bv  wiiting,  lik-lliiig,  remonstrating,  ex- 
»te  to  raise  a  pursuit  against  him,  press,  publish,  or  declare  any  words  or  sen- 
author  of,  and  having  given  in  the  tences,  to  stir  up  the  peoph'  to  the  disUke  of 
r;  so  we  do  also  authorize  you  to  do  h'*i  mujesty's  prerogativi>  and  supremacy,  in 
tint  may  concern  the  furtht.T  prose-  cauiies  eeelesiastic,  or  of  the  government  of 
■D  relating  to  this  aflair.  Meverthe-  the  church  by  archbishops,  and  bishops, 
Nvexprcss  will  and  pleH.surif,  that  be-  as  it  is  now  settled  by  law,  is  uhdtr 
tentenee  idiall  lie  prouuuueed  against  the  pain  of  being  declared  mcapaUc  to  cxer- 
leooDclusion  of  theprocttss,  \ou  send  cise  any  office  civil,  ecclesiastic  or  uiili- 
ticiilv  account  of  what  he*  suall  be  tary,  ^vithia  this  kingdom,  in  any  time 
ui.  3M 


, » 


J 


mmam  mm\  i^m  uiiMWtjr   UIU  UUi  UUfY    UCSWW    VII    JUU 

the  sai'l  Annibald  earl  of  ATgj\e  those  vast 
lands,  jurisdictions  and  saperiont'es  justly  for- 
faulted  ti  his  majesty  by  the  crimes  oi  your 
deceased  lather  ;  prefemog  your  tamilv  to 
those  nlio  had  sened  his  majesty  against  It,  in 
the  late  rebellion,  but  also  pardoned  and  remit- 
ted to  you  the  crimes  ot  leasing;:  making  and 
misconstruing  his  majesty *s  and  his  parlia- 
ment's proceedings  agamst'the  verj-  laws  above 
written,  whereof  you  were  found'  ffuilty,  and 
condemned  to  die'therefore,  bv  the  nigh  court 
of  parliament,  the  e,»th  of  August,  1662,  and 
raised  you  to  the  title  and  di^rnity  of  an  earl, 
and  being  a  member  of  all  his  majeftty 's  judi- 
catures. Notwithstanding  of  all  these,  and 
many  other  favours,  you  the  said  Archibald 
earl  of  Ar^^le,  bring' put  by  the  lords  of  his 
majesty  \s-pri\y  council  to  take  the  test  ap- 
poiutetl  by  the  act  of  the  last  parliament  to  be 
taken  by  all  persons  in  pubhc  trust,  vuu,  in- 
fltead  of  taking  the  said  te^t,  and  swearing  the 
tame  in  the  plain  genuine  sense  and  mraninsr 
of  the  words,  w  ithout  anv  equivocation,  mental 
resenation,  or  evasion  « Latsoiver,  you  did  de- 
clare against,  and  detame  the  saiil  act ;  and 
having  to  the  end  you  might  comipt  others  by 
vour  pernicious  sense,  drawn  the  same  in  a 
libel,  of  which  hbel  vou  dispersed  and  gave 
•brcNid  copies,  wbere*by  ill  impressions  were 
given  of  the  kin^  and  ftarliament's  procesdin^s 
ft  a  tune  eapeaally  when  his  majesty^s  snb- 
^'^^  wm  cxpectin*;  what  snbmission  should  be 
ito.  tlie  nidTest:  and  bcdng  desired  the 
tjiqrto  lakethe  same,  as  one  of  the  com- 
HBcn  of  hit  maicsiy's  treasury,  you  did 
Jpfv  m  to  the  hnds  of  his  majesty's  ivrivy-coun- 
Wi  and  owned  twice  inpUin  judgin«it  before 
the  said  defamatorv  UUi   a«r)iust  tlie 


■  ■I'taa  I 


»uc;  acgiauBuvv;   uv^vt    Mm  tmrn^ 

sere,  and  settlad  in  the  taker  <yf  the  < 
so  he  is  allowed  to  be  the  legidator 
not  only  an  open  and  Wolent  deprai 
majesty  *s  law  s  and  acts  of  pariiamc 
likewise  a  settling  of  the  legialatj 
on  private  subjects^  who  are  to  take  s 
In  the  third  article  of  that  papcr  yn 
that  you  take  the  Test  in  so  far  only  a 
aistent  with  itself,  and  the  Protestant 
by  wliich  you  maliciously  intimate  1 
pie,  that  the  said  oath  is  inconsistent ' 
and  w  itli  the  Protestant  Reli^on,  wl 
only  a  downright  depraving  of  the  i 
!  parliament,  but  is  likewise  miscoostr 
majestv*8  and  the  parliament's  pr 
and  mfsrepresenting  them  to  the  pec 
highest  degree,  and  in  the  tenderest  I 
can  be  concerned ;  and  implying, 
king  and  the  parliament  have  dkme 
consistent  with  the  Protestant  Religi 
curing  of  which,  that  test  was  partii 
tended.  In  the  fourth  article  you  do 
:  declare,  that  vou  mean  not  by  ta 
;  said  Test,  to  hind  up  yourself  froi 
'  and  endeavouring  any  alteration  u 
'  way  that  vou  shall  tuink  fit,  for 
of  church  and  state ;  whereby  al 
designed  bv  the  said  act  of  ] 
and  oath,  that  do  man  riiould  i 
alteration  in  the  goveraraent  of  cl 
.  state,  as  it  is  now  established  ;  and  tl 
duty  of  all  good  subjects,  in  hurobh 
'.  manner,  to  obey  the  present  gorem 
you  not  only  declare  yourself,  bat  1^  y 
pie  you  innte  others' to  think  themael 
froni  that  oMiiration  ;  and  that  it  i 
I  hen  I  to  iiuikv  dn>  alteration  in  eith 
<h:\\\  tliiiik  nt.  cur.cludin:j  vour   w] 


J 


-.1   -1 


.1  - 


K)l  ]  STATE  TRIALS,  33  Ch arlss  IL  1 6S  l  .^/«r  High  n-emam. 


[502 


a  AamAcr  of  the  tercnl  Acta  of  PiLrliuiieiit 
npoa  which  the  Indictment  against  the 
Asrl  of  Argyle  was  grounded. 

ionooiUDg  Raisers  of  Rumours  betwixt  the 
King  and  his  People.    C.  20.  1.  Stat,  of 

A.  lloD. 

It  is  deftnded  and  lorbidden,  that  no  man  be 
OMSuiiator  or  inventor  of  narrations  or  ru- 
wOf  by  the  which  occasion  of  discord  may 
■e  betwixt  the  king  and  bis  people.  And  if 
■J  such  man  shall  be  found  and  attainted 
wreofy  incontinent  he  shall  be  taken  and  put 
k.|riBon  and  there  shall  be  surely  kcciied  up, 
f  ad  while  the  king  declare  his  will  anent 

at  43.  Fw.  2.  Ring  James  1.  March  11, 14^. 
Lnang-makers  n>riault  Lite  and  Goods. 

bsD,  it  is  ordained  by  tlie  king  and  whole 
idMiwBnt,  dial  all  leasiug-makers,  and  tellers 
'*.  them,  which  may  engender  discord  betwixt 
fei  king  and  his  people,  whereever  they  may 
kfBtteOy  shall  bechallei^^  by  them  that 
P#cr  has  and  tyne  life  anil  goods  to  the  king, 

Bk  88.  Pur.  6.  James  5.  Dec.  10,  1530.    Of 
Leasing-makers. 


tondiing  the    Article   of  Leasing- 
to  the  ki^s  grace  of  his  barons,  great 
and  leigcs,  and  for  punishment  to  be  [tut  to 
'xre,  the  king^s  grace,  with  advice  of 
aln,  ratifies  and  approves  the  acts 
id  <itiitca  made  thereupon  before,  and  or- 
btbe  same  to  be  put  in  execution  in  all 
;  and  abo  statutes  and  ordains,  that  if 
■mer  of  person  makes  any  evil  informa- 
•fiiis  highness  to  his  barons  and  leiges, 
they  sluttl  be  punished  in  such  manner, 
b¥  the  same  punuhment  as  th^  that 
ifaBMiDgstohisgraceof  his  lords,  barons, 


9 

m 
4 


184.  Pv.  8.  James  6.  May  22.  1684. 
AMDt  Slanderers  of  the  King,  his  Pit>. 
fSMftWi,  JEstate  and  Realm. 


as  it  is  understood  to  our  sove- 
Kp  krdy  and  his  three  estates  assembled  in 

■  pnseBtparikment,  what  great  harm  and 
eBBVcniCBcy  has  fiillenin  this  realm,  chiefly 
lipe  the  bcffuming  of  the  civil  troubles  oc- 
med  in  toe  time  of  his  highness  minority, 
ivqgh  the  wicked  and  lieentious,  public  and 
imtespeedies,  and  untrue  calumnies  of  divers 
'  Us  salycts,  to  the  disdain,  contempt,  and 
pOMh  M  his  majesty,  his  council  and  pro- 
■AMiand  to  the  disnonour  and  prejudice  of 
wMgaamBj  his  puents,  pr*igenitors  and  estate, 
bfliyiiplHS  highness's  subjects  thereby  to 
yfln^g,  icditioo,  unquietness,  and  to  cast  off 
glr  Aw  obedience  to  his  majesty  ;  to  their 
finl  peril,  tusd  and  destruction :  Ilis  high- 

■  csBtiituing  always  in  love  and  clemency 
*  all  his  good  siilgects,  and  roost  willing 

tte  Mi&y  and  preservation  of  them  all. 


IfchinlfiiHy,  needksslv,  and  upon  plain  ma- 
Ih  «ft«  bp  higfanen's  mercy  and  pardoE 


oU-times  afore  granted,  has  procured  them- 
selves, by  their  treasonable  deeds,  to  be  cut  off, 
as  corrupt  members  of  tbis  commonwealth. 
Therefore  it  is  statute,  and  ordained  by  our 
sovereign  lord,  and  his  three  estates  in  this  pre- 
sent parliament,  That  none  of  his  subjects,  of 
whatsoever  function,  degree,  or  qiwlity,  in  time 
coming,  shall  presume,  or  take  upon  band, 
privatdy  or  puoUcly,  in  sermons,  declamations 
and  familiar  conferences,  to  utter  any  false, 
slanderous,  or  untrue  speeches,  to  the  disdain, 
reproach  and  contempt  of  his  miuesty,  his 
council  and  proceeding,  or  to  the  dishonour, 
hurt,  or  pr^udice  of  his  highness,  his  parents 
and  progenitors,  or  to  meddle  in  the  affairs 
of  his  highness,  and  his  estate  present,  by  gone, 
and  in  time  coming,  under  the  pains  contained 
,in  the  acts  of  pariiameiit  anent  makers  and 
tellers  of  leasings,  certifjring  them  that  shall  be 
tried,  contraveners  thereof,  or  that  hear  suc^ 
slanderous  speeches,  and  reports  not  the  same 
with  diligpence,  the  said  pain  shall  be  executed 
against  them  with  all  ngour  in  example  of 
oUiers. 

Act  205.  Par.  14.  King  James  6.  June  6, 
1594.  anent  Leasing-maken,  and  Authors 
of  Slanders. 

Ourso^-ereign  lord,  i^ith  advice  of  his  estates, 
in  this  present  parliament,  ratifies,  approves, 
and  lor 'his  highness  and  successors,  iierpctn- 
ally  confirms  the  act  made  by  his  noble  pro- 
giiiiitDrs,  king  James  the  First,  of  worthy  «me- 
mory,  against  leasing-nndcers,  the  act  made 
by  Uug  Junes  the  Second,  entituled.  Against 
leustnff  makers  and  tellers  oi'  them ;  the  act 
made  oy  king  James  the  Fifth,  entituknl.  Of 
leasing-makers ;  and  the  act  made  by  his 
highness's  self,  with  advice  of  his  •estates  in 
pa^iament,  upon  the  22d  day  of  May,  1584. 
entituled.  For  the  punishment  of  the  autliors 
of  slanders  and  untrue  calumnies  against  thir 
king's  majesty,  his  council  and  }>roceeding8, 
to  the  dishonour  and  prejudice  of  his  highness, 
his  parents,  progenitors,  crown  and  estate ;  as 
also  the  act  made  in  his  highness's  parliament 
holden  at  Linlithgow  upon  the  10th  of  De- 
cember 1585,  entituled,  Against  the  authors 
of  slanderous  s|)ceches  or  uTits ;  and  sta- 
tutes and  ordains  all  the  said  acts  to  be  pub- 
lished of  uew,  and  to  be  jiut  in  execution  in 
time  coming,  with  tliis  addition,  Hiat  whoever 
hears  the  said  leasiugs,  calumnies,  or  slan- 
deroiui,  fioeechcs  or  writs  to  be  made,  anil 
appreheiMb  not  the  authors  thereof,  if  it 
lies  in  his  power,  and  reveals  not  the  same 
to  his  highness,  or  one  of  his  privy-coun- 
cil, or  to  the  sheriff,  steward  or  Imiliff  of 
the  shire,  stewards  in  regality'  or  royalty,  or  to 
the  pro\o8t,  or  any  of  tiie  bailiffs  within  bur^b, 
by  whom  the  same  may  oome  to  the  kiiou  hrd^c 
ot'his  highness,  or  his  said  privy- council,  Mhcrt* 
through  the  suid  leasing-makers  and  authors 
of  slanderous  speeches  may  be  called,  tt  it d, 
and  punished  according  to  tne  said  acts  :  I'he 
hearer,  and  not  apprenender,  [if  it  lie  in  his 
power]  and  conccsder,  and  qpt  revealer  of  tlio 


EoiNBumoB,  November  34, 1681. 


s 


505]  STATE  TRIALS,  33  Charles  II.  iCSl.— /or  High  Treoion. 

■Ue  the  Lords  of  his  Majesty's  Fiiry- 
Counsel:  The  bumble  Petition  of  Arehi- 
baklEsriofArgyks. 

Shewedi ;  That  your  oetitioner  having  given 
hi  a  fbrmer  petitiou,  oumbly  representing, 
HhU  he  being[  criminally  indicted  before  the 
lords  eummissioners  of  justiciary,  at  the  iu- 

i  of  his   majesty's  advocate,    for   any 
of  an  high  nature :   And  therefore  de- 

that  your  roj'al  highness,  and  lordships, 
would  give  special  warrants  to  sir  George 
LocUiart,  to  consult  and  plead  for  lum :  Where- 

your  royal  highness  and  lordships  did 

the  petitioner  to  make  use  of  such  ad- 

•  as  he  should  think  fit  to  call.  Accord- 
ingly your  petitioner  have  desired  sir  George 
LocSjiart  to  consuh  and  plead  tor  him,  he  hath 
ao  yet  relused  your  pc^tioner.  And  by  the 
Itm  parliament  of  king  James  the  6th,  cap.  38. 
at  it  is  the  undeniable  priviledge  of  all  sub- 
jiels,  accused  for  aiiv  crimes,  to  have  liberty  to 
■wide  themselves  oi' advocates,  to  defend  their 
■MS,  honour,  and  lands,  against  whatsoever 
acCTBmtion;  so  the  same  privilodge  is  not 
oaly  by  parliament  1 1  king  James  the  6th,  cap. 
90,  larther  asserted  and  confinuetl,  but  also  it 
is  declared,  that  in  case  the  advocates  refuse, 
the  judffva  are  to  compel  them,  lest  the  prty 
aoeosea  should  be  prejudiced  :  And  this  geing 
an  affiur  of  great  importance  to  your  petitioner, 
and  sir  George  Lockhart  having  been  not  only 
dl  his  ordinary  ailvocate,  but  also  by  his  con- 
■iBBt  converse  with  him  is  best  known  to  your 
petitioner's  princijdes;  and  of  whose  cnnnent 
ahilitiea  and  iiddity,  your  petitioner  (as  many 
atfiers  have)  have  hau  special  proof  all  along  m 
hia  oonoems,  and  hath  such  singular  confi- 
dfeiioe  in  him,  that  he  is  most  necessary  to  your 
petitioner  at  this  occasion. 

May  it  therefore  please  your  royal  highness 
and  kmlships  to  interpose  vour  authority,  by 
giving  a  special  onler  andwarrant  to  the  said 
mr  Georgre  Lockhart,  to  consult  und  plead  for 
him  in  the  said  criuiinul  prorcss,  conform  to 
the  tenor  of  the  said  acts  of  iiarliament,  and 
eonslant  known  pmctic^e  in  the  like  cases,  n  hicli 
was  never  refns«Ni  to  any  subject  of  the  meanest 
quality,  even  to  the  greatest  criminals.  And  ! 
TOOT  royal  highness's  and  lordsliips  answer  is 
namUy  cravea.*  ' 


[906 


j 

*  *'  The  earl  thus  mewed  up,  that  hemi^ht 
not  give  anv  oiTence,  twice  petitions  th&  duke 
and  council,  that  sir  George  l^iockhart  might  be 
Us  advocate  to  plead  liis  defence,  yet  both  times  I 
rafiioed.     The  reason  of  these  petitions  were ; 
that  witliout  leave  none  would  dare  to  plead  the  ; 
eari'a  cause,  for  fear  of  the  king's  displeasure :  ! 
However,  by  the  act,  1 1  Jac.  6,  cap.  90.     *  It  ' 

*  ia  the  undeniable  privilege  of  all  subjects  ac- 
'  enaed  for  any  crimes,  to  provide  themselves 

*  advocates,  to  defend  their  lives,  honours,  and 

*  lands,  against  whatsoever  accusation  :'  so  by 
the  11  Jac.  6,  c.  90,  it  is  declared,  *■  That  in 
'  case  advocates  refuse,  the  judges  may  compel 

*  them.'    Hereupon  the  earl  drew  up  a  letter  of 


The  Council's  Answer  to  the  Earl  of  Aigyle's 
second  Petition. 

His  royal  highness,  his  nuyesty's  hifi^h-com- 
missioner,  and  lords  of  privy- council  having 
considered  the  foresaid  petition,  do  adhere  to 
their  former  order,  allowing  advocates  to  ap- 
pear for  the  petitioner  in  the  process  aforesaid. 
£xtr.  By  me  Will.  Patbrson. 

The  Earl  of  Arayle's  Letter  of  Attornet,  con- 
stituting A[e3cander  Dunbar  his  Procura- 
tor, for  requiring  sir  George  Lockhart  to 
plead  for  him^ 

We  Archibald  earl  of  Argyle  do  hereby  sub- 
stitute, constitute  and  ordain  Alexander  Dunbar, 
our  servitor,  to  be  our  procurator,  to  pass  and 
require  sir  Geore^  Lockliart,  advocate,  to  con- 
sult and  plead  lor  us,  in  the  criminal  urooess  in- 
tended against  us,  at  the  instance  of  bis  miyes- 
ty*s  advocate ;  and  to  compear  with  us,  before 
the  lords  commisnoners  ot  justiciary,  upon  the 
13th  of  December  next,  conform  to  an  act  of 
council,  dated  the  23d  of  November  instant, 
allowing  any  lawyers  that  we  should  employ, 
to  consult  and  plead  for  us  in  the  said  pruoess, 
and  to  another  act  of  council  of  the  34th  of 
November  instant,  relative  to  the  former,  and 
conform  to  the  acts  of  parliament.  In  wit- 
ness whereof  we  have  suoscribed  these  pre- 
sents, at  Edinburgh-Castle,  Nov.  36, 1681,  be- 
fore these  witnesses,  Duncan  Campbell,  servi- 
tor to  James  Glen,  stationer  in  Edinburgh, 
and  John  Thorn,  merchant  in  the  said  Burg. 

Argyle. 

Duncan  Campbell,  John  Thom,  witnesses. 

An  Instrument  whereby  the  Karl  of  Aigyle 
required  sir  George  Lockhart  to  ai)pear 
and  plead  for  him. 

Apud  Edenburgum  vigesimo  sexto  die  men- 
sis  Novembris,  Anno  Domini  uiillesimo 
sexcentesimo  octua^;esiino  ^rimo,  et  ^inno 
Hegni  Car.  2,  Regis  trigesimo  tcrtio. 

The  w  hich  day,  in  presence  of  me  notary- 
public,  and  witnesses  under-subscribed,  com- 
peared personally  Alexander  Dunb«ir,  sertitor 
to  a  noble  earl,  Archibald  earl  ot  Argyle,  as 
procurator,  and  in  name  of  the  said  ear], 
conform  to  a  procuration  subscribed  by  the  said 
earl  at  the  castle  of  Edinburgh,  upon  the  31st 
day  of  November,  1681,  makin<i^  and  consti- 
tuting the  said  Alexander  Dunbar  his  pnicura- 
tor,  to  the  effect  uiuler-written  ;  and  iiassed  to 
the  personal  presence  of  sir  George  Lockhart, 
advocate,  in  his  own  l(Nl;riiig>  in  Edinbucvh, 
having  and  holding  in  his  hands  an  act  of  his 
majesty's  privy  council,  of  the  da:e  of  the  32d 

attorney,  constituting  Alexander  Dunbar  ti  re- 
quire sir  Gewge  L^'khart  to  plead  for  him ; 
which  the  duke  no  srKMier  hean^  but  said,  '  If 
*  sir  George  Lockhart  plead  for  the  earl,  he 
'  shall  never  {dead  for  my  brother  nor  me.'  *' 
3  Coke's  Detection,  p.  289. 


■ftt>7]  STATE  TRIALS,  3S  Charles  II. 
of  November,  1681,  instent,  proreeding  upon 
m  petiiion  ^ven  In  by  ihe  mIiI  t art  of  Arjfjle  I " 
the  uid  IotiI),  Khewing-,  that  he  being  crimi 
Doli^  indiciid  betunr  the  lordi;  L'ommissionei 
of  josliciar^,  at  t\\e  instance  of  his  nisjeaty' 
advocale,  tor  crimes  of  >□  high  natuiv ;  nn 
whereas  in  thit  use  no  advucalet  would  res 
dily  plead  for  the  aaid  eaH,  unless  ihey  hod  his 
royal  highnem's  aod  their  lordahi]>Ei  special  li- 
ceoae  and  warrant  to  that  effect,  which  i*  imubI 
in  the  like  cases :  And  by  the  said  pedtioii 
hnmblv  GupnlicM»l.  tlial  bia  bi|rhnesa  anil  the 
council  would  give  special  order  and  command 
Id  Ihv  said  Ktr  Gcur^  Lockbart,  the  aaid  enrl's 
ordinary  advocate,  to  consult  and  plead  for 
him  in  the  tbresud  criminal  procesa,  without 
iucurricg  any  haxard  upon  that  account  His 
royal  highneaa,  and  lonls  of  the  sud  priry- 
couDcil,  did  refuse  the  desire  of  the  saidiwti- 
tion,  but  allowed  nny  lawyere  lite  petitioner 
should  emplojr,  to  i^oasull  and  plead  tor  him  in 
the  pmcess  ofireason,  aud  other  crimes  In  be 
pursued  against  him,  ai  the  instance  of  his 
ni^EStv'-'t  advocate.  And  sIkd  the  «aid  Alex- 
ander bunbar  having  and  hulding  in  his  hands 
another  act  of  the  aaid  lorda  uf  privy -council, 
of  the  !24Lb  of  the  said  mnnth,  telatrve  lo,  and 
narrating  the  foresaid  first  act,  and  proceeding' 
upon  aiiiiUier  supplication  ^ven  in  by  the  aaid 
earl  to  the  mud  (ords,  craving,  that  nis  royal 
highness  and  the  said  lords  would  intTpose 
their  authority,  by  giving  a  positive  and  spe- 
cial order  and  warrant  to  ^e  said  sir  George 
L^ekbaK,  to  consult  and  plead  with  hint  in  the 
aforesaid  criminal  process,  conform  to  the  tenor 
of  the  ac«  of  parliament  mentioned  and  parti- 
cularized ill  the  lojd  petiiion,  and  fiTqupnt  and 
known  practice  in  the  like  case.*;,  which  was 
never  refused  to  any  subjeclx  uf  the  meanest 
quality.  His  royal  highnen,  and  the  lords  of 
privy-counsel.  Having  considered  the  afares^iiil 
petition,  did,  by  the  said  act,  adhere  to  llieir 
ftrmer  order,  allowing  advocaits  lo  appear  for 
the  said  earl  in  the  process  foresaid,  as  the  wiid 
acts  bear  ;  and  produced  the  said  nets  procnra- 
lory  foresaid  lo  the  said  sir  George  Lockbart, 
who  look  the  same  in  his  hands,  and  read  them 
over  suteessive  ;  and  after  reading  thereof,  the 
said  Ale]tander  Dunbar,  procurator,  and  in 
name  anil  behalf  foresaid,  solemnly  required 
(he  said  iit  George  Lockbart  as  the  said  noble 
earl's  onlinary  advocate,  and  as  a  lawyer  and 
advocate,  upon  Ihe  said  earl's  reasonable  ex- 
pence,  to  oinsull  and  advise  the  said  earl's  uid 
process  at  any  time  and  place  the  said  sir 
George  should  appoint  to  meet  tliereupon,  con- 
form to  the  foresaid  two  acts  of  council,  and 
acts  of  parliament  therein  mentioned,  appoint- 
ing ailvocates  to  consult  in  such  matters:  which 
the  said  sir  Geo.  Loc^hart  allogetlier  refused : 
Whcrtiipon  the  said  Alexander  Dunbur,  as 
procurator,  and  in  name  liiressirl,  asked  and 
tuok  the  instruments,  one  or  more,  in  the 
hands  of  me  notary-pnblic  under-subscribed. 
And  these  things  were  done  within  the  said  sir 
George  Lockhart's  lodging,  on  the  south  side 
of  the  street  of  Cdiukwgh,  in  the  lane  Mercat 


I  fiS  I .— Tr.fl.'  cf  thf  Zart  of  Argyi 

within  the  dinintr-Mflin  of  Ibe  said 
betwixt  ti>ur  and  live  hoiin  in  Ihe  ■ 
da^,  montli,  year,  ^lace,  and  of  his 
reign,  respective  foresaid,  before  Rob 
and  John  Lesly, 


divers  others,  called  and  requin.'d  to 

lla  ease  Ego  Johannes  Brnun, 
Ptiblicus,  in  Premissia  requiaitut,  Alt« 
tanlibus  bis  mein  signo  et  * 
alibui  sohlis  et  consuetis. 


Dertmber  S,  lfi89. 
The  Opinion  of  divers  Lawyers  concr 
Case  of  the  Earl  of  Argyle, 

We  have  consdered  the  criminal  lev 
od  at  the  instance  of  his  majeR)  'i 
against  the  eari  of  Argyle,  willi  Ih 
parliament  contained  aiul  narratnl  in 
criminal  letters,  and  have  compartil 
witli  B  paper,  or  cxpliration,  which  ii 
to  have  been  given  in  by  the  earl  tuiii 
his  majesty's  privy.council,  and  o 
him,  OS  the  sense  and  explicUion  m 
did  take  the  oath  impoaed  by  the  k 
jiarAimenl.  Whieh^|ieT  is  of  Ihia  b 
'  havccousideredtheTcM.andainvci] 
'  to  give  obedience  as  far  as  I  can,  \ 
having  likewise  considered  tbattbe  o 
he  had  taken  the  oalh,  with  tlie  ei 
and  sense  then  put  upon  it,  it  was  ai 
to  by  the  lords  of  Inc  prJiy  counci 
allowed  to  t^c  his  place,  and  to  riiaad 
ibiX.  before  Ibe  earl's  taking  of  llieo* 
were  seretal  papers  ^rcad  abroail,  c 
objections,  and  alledging  inconsisiei 
contradictions  in  the  oath,  and  soni 
were  preNOiited  by  synods  and  nrcshi 
the  orthodox  clergy,  to  some  ol  the  I 
the  church.  It  is  our  humble  opii 
seeing  the  earl's  design  and  meaning  u 
the  said  ejqdicstion  was  allenarly  fur  I 
ing  of  his  own  conscience,  and  unoo  n 
or  seditious  design  ;  and  tluU  the  d; 
import  of  the  said  paper  is  no  contra 
the  laws  and  acts  of  parUamenl,  il  d' 
all  imptirt  any  of  the  crimes  hbelle 
him,  viz-  tr^on,  leasing -making;,  i 
of  his  majesty's  laws,  or  the  crime  ol 
but  that  the  glosses  and  inferences  f 
libel  upon  the  said  paper  ai«  altogethe 
and  iinwarmntnble,  and  inoonsislent 
earl's  true  design,  and  the  sinoeri 
meaning  and  intention,  in  making  ol 
explicaiion. 

WeJnesilay,  the  12th  ofDeccmbn 
of  compearance  ussigiied  to  the  eail  I 
come,  he  was  brought  by  a  gixud  « 
from  the  castle  to  the  place  appoian 
trial,  and  Ibe  justice  court  being  BOCt 
ed,  tlic  carl,  now  niarqui*  of  QuenA 
justice -general,  tbe  lords  Nairn,  Od 


g  STATE  TRIALS,  S3  Charles  II.  1 681  .—/w  Higk^lYeastin,  "■'      {^10 

but  we  fell  upon  the  ^[arrhiims  he  had  left,  and' 
iu  one  (lay  took  two  of  them,  and  cut  off  a 
considerable  part  of  a  tliird,  and  carried  away 
in  all  about  300  prisoiiei-H  :  \_be$idet  prov'uions 
and  convoys  we  seized  which  tkfy  sent  to  plant 
'  other  (^arri$jHs]  and  in  the  end  of  that  year,  I 
sent  captain  Shaw  to  his  majesty,  with  my 
humble  opinion,  how  the  war  mig^ht  be  car- 
ried on ;  who  it'tunK'd  to  me  with  instructions 
and  orders  which  I  hure  yet  lyint^  by  me. 

After  which,  I  joined  with  those  his  majesty 
did  conimissioiiate,  and  stood  out  till  the  last, 
that  the  carl  of  Middleton,  his  majesty'i  lieu- 
tenant-general, gave  me  onlers  to  capitulate, 
which  I  did  without  any  other  engagements  to 
the  rebels  but  allowing  persons  to  give  bail  for 
my  lirin^  peaceable :  and  did  at  my  capitu* 
lating  relieve  several  prisoners  by  exchange, 
whereof  my  lord  Granard,  out  of  the  castle  of 
Edinburgh,  was  one. 

It  is  notarly  known,  that  I  was  forefaulted 


NesrtouD,  and  Kirkhouse,  the  lords  of 
ikiuy  sitting  in  judgment,  and  the  othcT 
nalilMS  also  performed,  the  Indictment 
▼e  set  down  was  read,  and  the  earl  spoki- 
[bllows: 

B  Earl  of  Argylc's  Sfcech*  to  the  Lord 
Justice  General,  and  the  Lords  cf  the 
Justiciary,  after  he  had  been  arraigneil, 
and  his  Indictment  read. 

My  Lord  Justice  General,  !kc. 
I  liKjik  upon  it  as  an  undeniable  privilege  of 
!  mcanes-t  subject  to  explain  his  own  woras  in 
b  most  beni«^n  sense :  And  even  when  per- 
u  are  under  an  ill  character,  the  miscon- 
vction  of  words  in  themselves  not  ill,  can 
ly  reach  a  presumption  or  aggravation  but 
t  any  more.  [Can  only  reach  a  presump- 
m  or  aggravation  of  an  offence^  hut  never 
wekto  a  crime.] 
But  it  is  strange  to  alledgc,  as  well  as,  I 

K,  impossible,  to  make  any  that  know  me 
re,  that  I  could  intend  any  thin^  but 
ntwas  honest  and  honourable,  suitable  to 
ft  principles  of  my  religion  and  loyalty, 
Mgh  I  did  not  explain  myself  at  nil. 
Hy  lord,  I  pray  you  be  not  odl  nded  that  I 
EC  Dp  a  little  m  Your  time,  to  tell  you,  I 
*a  rmrn  my  youtli  made  it  my  business  to 
"ve  his  majesty  faithfully,  and  have  con- 
■dy,  to  my  power,  appeared  in  his  service ; 
MoaJly  in  all  times  of  difficidty,  and  have 
nr  joined,  nor  complied  with  any  intere;»t  or 
rty,  contrary  to  his  fp^jesty's  authority,  and 
re  afl  along  served  him  m  his  own  way, 
Aoot  a  frown  from  his  majesty  these  thirty 


As  soon  as  I  passed  the  schools  and  colleges, 
MH  to  travel  to  France  and  Italy,  and  was 
Had  1C47, 164d,  ami  till  the  end  of  1G49. 
Ify  first  appearance  in  the  world  was  to 
r*e  his  majesty  as  colonel  of  his  foot-guards. 
i4  thoufvh  at  that  time  all  the  commissioners 
9€  given  by  tlie  then  parliament,  yet  I 
Md  not  serve  witliout  a  commission  from 
■  n^csiy,  which  I  have  still  tlie  honour  to 
i^e  1^  me. 

After  the  misfortune  of  Worcester,  I  con- 
^td[J(mr  years]  in  arms  for  his  majesty's 
vvice;  when  Scotland  was  over -run  with 
^pcrs ;  and  was  alone  with  some  of  my 
ws  in  anus  in  the  year'  1653,  [whilst  none 
jar  vert  js  arms  for  his  majesty s  strvicc  in 
I  Scotland],  and  did  then  keep  up  some  ap- 
%nce  of  opposition  to  them  :  and  general 
^  Dean  coming  to  Arg^-leshire,  anuplant- 
f  Kveral  garrisons,  he  no  sooner  went  away 

^  In  a  copy  of  the  Case  of  the  earl  of  Ar- 
1^  priolM  in  the  year  1($8S,  which  is  now 
lifwyeity  of  a  gentleman  in  Edinbunch, 
htka  note  which  says,  that  it  was  the  Earl's 
)i  CBrnTt  awl  that  some  corrections  which 

Sir  m  the  margin  are  in  his  hfuid  writing. 
vtMntaroared  with  a  transcript  of  these 
leeiitaBv  and  tliey  ara  accordiogly  inserted 
Mwfhmetgi. 


by  the  usurpers,  who  were  so  jealous  of  me, 
that,  contrary  to  their  faith,  within  eight 
months  after  my  capitulation,  upon  pretence  I 
keepetl  horses  above  the  value  they  seized  on 
me,  and  keepcd  me  in  one  prison  ailer  another, 
till  his  majesty's  happy  restoration,  and  this 
only  because  I  wouhl  not  engage  not  to  scrvB 
his  majesty,  though  there  was  no  oath  re- 
quired. 

1   <lo  with  all  c^ratitude   acknowledjife  hik 
majesty *s  goodness,  bounty  and  n)yal  favours 
to  me,*when  I  was  pursued  before  tlie  pariia- 
ment  in  the  year  1669.     His  majesty  was  gra- 
ciously pleased  not  to  send  me  here  [from 
London  hither]  in  any  opprobrious  way,  [mi^ 
with  a  guard  as  some  ttrgcd^  but  upon  a  hari 
verbal  paroll.    Upon  which  I  came  down  ptmt, 
anil  presented  myself  a  lortnight  before  the 
day,  [appointed  me  hy  his  majesty,]  Notwith- 
standing whereof  I  was  immediately  clapt  upr 
in  the  Castle,  but  hnviog  satisfied  his  majesty 
at  that  time  [of  the   true  meaning  of  that 
letter,  I  uas  questioned  for ;  and  his  mafcsty 
being  convinced  of  it  himself  and]  of  my  entire 
loyaitv,  I  did  not  offer  to  plead  hy  ailvocatea. 
And  his   majesty  was    not  only  pleased  to 
pardon  my  life,  and  to  restore  me  to  a  title  and 
fortune,  l>ut  to  put  me  in  trust  in  his  service,  in 
the  most  eminent  judicatories  of  this  kingdom, 
and  to  hea{)  favours  Ufmn  me,  fiir  beyond  what- 
ever I  did  ^pretend  to]  or  can  deserve:  though 
I   hoite  his  majesty  hath   always  found  me 
faithiul  and  thankful,  and  ready  to  bestow  all  I 
have,  or  can  have,  for  his  service :  and  I  hopo 
never  hath  had  nor  ever  shall  have  gntund  to 
repent  any  favour  he  hath  done  me.     And  if  1 
were  now  really  guilty  of  the  crimes  libeHed, 
I  shoukl  think  myself  a  sreat  villain, 
'file  next  occasion  I  nad  to  shew  my  parti - 
I  cularzeal  to  his  majesty's  service  was  in  Anno 
1666,  when  the  insurrection  waa  made  that  was 
represt  at  Pentland-Hilb.    At  the  very  ftrat. 
the  intercourse  lietwixt  this  place  and  me  was 
stopt,  so  that  I  had  neither  intelligence   nor 
orders  from  the  council,  nor  from  the  yeneral ; 
but  upon  a  lalttr  from  the  now  archbishi^  of 


*"] 


CBABttS  r 


i  QL  jtndreWB,  tdlinc;  me  there  was  a  rebellioa 
I  ike  tu  he  ia  tbif  three  kitiadoms,  and  bidding 
r  Ine  beware  of  Ireland  and  Kintyre,  I  bcouglil 
'  togvtber  shout  3,000  lueo :  I  Bpized  nil  the 
I  (entlemcii  ia  KJaiyre  that  had  not  taken  the 
\  oedaratiuii,  thitugh  1  found  them  peaceable. 
'  d  1  sent  a  eentleman  ti>  ^tneral  Daliiel,  to 
^eive  liia  orders,  who  came  to  him  jun  a» 
'  ,1key  were  ^nitig  to  the  aclioit  at  Penllaud,  and 
I  with  faim  in  it  ;  and  J  keut  mv  men  tnge- 
r  till  hb  return.    And  wk^n  I  met  with 

Eutiilerable  trouble  from  my  neighbours,  re- 
lioutly  in  arms,   and  bttd  cominisiiouH  both 
IB  public  •mi  private  •ccuudIb,  have  I  cot  car- 
ted dulifuUv  to  his  maieety.  anil  done  n  hat  was 
[  4ouinunda<f  with  a  just  moderation,  which  I 
'   nn  prove  under  the  hands  of  tny  enemios,  and 
>  ^  many  (iifallibledenionBtratiuns  f 
1   '    I'urdon  bib  a  few  words ;  did  I  not  in  this 
present  parliament  shew  my  readiness  to  aerre 
his  majeny  and  royal  family,  in  asseitiog  vign- 
rnusly  tlie  lineal  le^  tiuccesirion  of  tbe  crown, 
•ad  had  a  care  It  hate  it  expressed  in  the  cum- 
niiiMionsof  the  shires  and  bur^he  I  bad  inlereiit 
■D  ?  Was  I  lint  lor  oHctin;;  (nvper  aupplics  to 
I    bm  majesty  and  his  succeswr  !■  And  did  I  not 
mncur  (o  bind  the  laiidlords  lor  their  tenants, 
^loueb  1  was  mainly  cunceiiH^  ?  And  havti 
I  niil  wways  kept  my  tenants  in  obedience  to 
bis  niujestv  f 

I  suy  ^1  this,  not  to  arrotrale  any  Ihin^  fur 
dnujf  what  was  my  Luuioui'  and  duty  tu  his 
majciitv  ;  but  it'  alter  all  Iliis,  upon  no  other 
ground  but  words  that  were  spoken  in  absolute 
biDOCcuce,  and  wiklioul  the  least  design,  ex- 
e^t  for  clearing:  my  own  conscience,  and  that 
■re  not  capable  of  the  ill  sense  wrested  tii)m 
tkem  by  the  Ubd,  I  should  be  I'urlher  troubled, 
what  a*9nrance  can  any  of  tbe  ereatest  quahty, 
tnist,  or  innocency  ha»e,  that  they  are  annire  't 
especially  oonsideriner,  that  ao  many  scruples 
kave  been  fdarted,  bh  all  know,  not  only  by 
nsnv  of  the  orthodox  clergy,  but  by  whole 
pi«M6>ieri^-s,  synods,  and  some  bishops,  which 
were'thuuirht  so  c'lnhiikrable,  Uiataii  eminent 
Ushup  look  the  pains  to  write  a  treatise  that 
was  read  oter  in  council,  and  allowed  to  he 
|irint«d.  and  a  oopy  ^ven  to  me,  which  cou- 
tains  hU  the  expressions  1  aiu  charred  for,  and 
.  many  more  that  may  be  stretched  to  a  worse 
wnse. 

Hare  I  not  shewed  my  zeal  to  all  the  ends 
«f  the  Test  ?  Uow  then  cau  it  be  imagined  that 
I  have  any  sinister  design  in  any  thing  that  I 
bavesaid.'  [f  I  bad  done  any  thin?  contrary 
to  it  all  the  course  of  my  liti^  which  I  ho|ie 
flhall  nut  lie  found,  yet  one  act  might  pretend  to 
\ie  excused  by  a  habit.  But  uotlun^  beintr 
questionrd  but  thf  sense  nf  words  misconstrued 
ts  the  greatest  heiifbi.  and  stretched  to  ima- 
ginary iosinuatioBs,  cjuile ontrmry  to  niyscupe 
.  ud  design,  and  so  far  contrary,  not  only  lo  my 
Mnae,  but  my  principles,  interesi,  anil  duly, 
that  I  hupc  mv  lord  advocate  will  think  be 
kalb  gone  too  Ikr  un  in  this  process,  and  say 
pUiuly  wliat  he  knows  to  be  truth  by  his  ac- 
^uiataMM  Willi  tm,  batb  in  pitbfe  uui  pirate. 


.  That  I  i 


I  udther  papist  u 


Ihe  Wring  of  this  L_ 

beyond  most  oftlte  sTifferings  t/tmjl 
innocence  did  not  mpport  me,  anill 
of  being  vindicated  of  tiiis  and  alh| 
nies  before  this  public  and  mibl«  andil 

I  leare  my  defences  to  IheMpnA 
plead  for  me.  they  know  my  UMM 


how ^uiindl«sa  that  libel  ie 

I  .shall  only  My,  as  my  life  batb  a 
ipent  in  aerting  and  sufiWioff  t* 


jeEty  ;  so,  whatever  be  the  evGDl  of 
cess,  1  resolie,  whik  I  bneatlte,  to  be 
faithful  to  his  maiesly.  And  whe* 
publicly  or  in  olucumy.  my  head,  ■ 
nor  my  hand,  shall  never  be  ti-anliM 
can  be  useful  to  liis  msyesty's  moi) 
while  1  live,  and  whra  I  Biv,  I  iti 
tlidt  God  Almighty  wouki  blew  his 
with  a  lony,  happy,  and  proapcmw  te 
that  tbe  luieal  legal  successors  of  tt 
may  continue  muoarcbs  f>f  all  his  I 
dotuiuioos,  and  he  defender*  uf  the  I 
mitive.  Christian,  ApMtolic,  Catholic 
taut  Iteligioii,  while  Sunand  Muoqm 
God  savelhl 
The 

"  My  lord  Lorn ;  Coicgne,  I) 
"  I  am  »ery  glad  to  b«r  from  M 
what  affectinii  and  zeni  yon  ishow  to 
vice,  how  constuntly  you  adhere  to  b 
his  di^itressea,  and  what  good  snriee  ' 
peiformed  upoutbe  rebels.  I  assure' 
shall  find  me  very  just,  and  kind  V 
reivnnling  what  yon  hare  dune  and  m 
me;  and  I  hope  you  will  have  toa 
and  power  with  those  of  your  llai 
dejtendanls  upon  your  lainily,  to  rn^ 
with  youliir  me,  than  any  body  d«e  I 
to  seduce  them  ^itinst  mo  ;  and  I  d 
upon  all  those  who  shall  refuse  to  folio 
unworthy  of  any  protection  hereofterl 
which  you  will  1^  them  know.    Thi 

bearer,  M ,  wiH  inform  you  of  « 

tion  and  punxMes,  to  whom  jon  i 
credit  ;  and  be  will  tell  you,  ibal  I 
much         Your  alTectiouate  friend,     ( 

Genernl   Miodleton'm   Order  to  the 
Arovlb,  who  was  then  lord  Lora 

{litulatinf;  with  tlic  English,  wb> 
argcly  eicpresscth  his  wmtb  and  I 
John  Middletun,  Lieutenant- Geow 
and  immediately  under  his  nuLJuity,  al 
mander  in  dua  of  all  the  Porcvsru 
to  be  raised,  witliin  the  kmgdomaf  fi 
— SeHnK  the  lord  Loni  balli  giren  M; 
prooh  of  di:ar  and  perfect  loyally  U ' 
ui^jeiiiy,  anduf  pure  and  constaU  ~ 
the  good  of  his  maje^y's  aAirti  m 
therto  I'l  have  any  ways  mm^Aci^ 
enemy,  and  to  lutve  been  prini:^  ~ 
mental  ia  the  enliremng  of  ibit  ll 


STATE  TRIALS,  33  Charles  II.  l6&l.—/or  Hi^treaaon. 


[f>i4 


he  chief  and  iinti  movers  in  it,  and  hatb  i  me,  and  I  doubt  not  hut  your  lordship  will 

*' trust  him.  If  it  slmli  please  God  to  hring  me 
safe  from  beyond  sea,  your  lordship  shall  i)ear 
froui  me  by  a  sure  haiul.  Sir  Ro.  M.  will  tell 
you  a  way  of  corrcspondint^.  So  that  I  shall 
say  no  more  at  present,  but  that  I  am,  witliout 
possibility  of  change,  Mv  noble  loril,  your 
lordship's,  &c.  John  jMiddleton. 


chearfully ,  and  gallantly  en^tr^ed,  and 
4y  and  constantly  continucil  active  in  it, 
(Standing'  the  many  iiowerful  dissua- 
discouraffements,  and  oppositions  he 
et  withal  from  divers  hands,  and  hath, 
anrying  on  of  the  service,  shewn  such 
idefity,  intc^frity,  prenerosity,  prudence, 
sand  conduct,  and  such  nigh  viiiue, 
Yt  and  ability,  as  are  suitable  to  the 
of  his  noble  family,  and  the  tnist  his 
i  re]iosed  in  him  ;*  and  hath  not  only 
lit  against  all  temptations  and  entice- 
but  hath  most  nobly  iTOsseil  and  re- 
.  desifj^'UH  and  attempt»  of  deserting*  the 
,  and  persisted  loyally  and  tirmly  in  it  to 
y  last,  throui^h  excessive  toil  and  many 
ties,  luisres^rding  nil  personal  inconve- 
;,  and  chusini;  the  loss  of  friends,  f<ir- 
ad  all  private  concernments,  anri  to  en- 
be  utmost  e\tn;mitie8  rather  tliaii  to 
io  tlie  least  fnmi  his  duty,  or  tuint  his 
ion  with  the  meanest  shadow  of  dis- 
and  dishonour.  I  do,  therefore,  hereby 
and  declare,  that  1  am  i>eifecily  sa- 
with  his  whole  deportments,  in  relation 
ncmy,  and  this  late  war  ;  and  do  hi<rhly 
3  them,  as  beini^  not  only  above  ail  L  <mn 
i  of  their  worth,  but  almost  beyond  all 
I.  And  I  do  withal  hereby  both  allow, 
Mt earnestly  desire,  and  wish  him,  to 
\  time  in  taking*  such  eoui'Sf.'  for  his 
and  presenation  by  treiity  and  a^ree- 
>r  capitulation,  as  he  shall  jutl«^  must  fit 
ledient  for  the  i^vioil  of  his  person,  iainily, 
ate,  since  inevitable  and  invincible  ne- 
hath  forced  us  to  lay  aside  this  war. 
»n  now  no  other  way  express  my  re- 
»  him,  nor  contribute  my  enilea\our  to 
I  honour  awl  servic<:.  In  teKtinioiiy 
f  I  have  sig'ned  and  seali-:l  these  pre- 
L  Dunveagave,  the  last  duv  of  Alareh, 

John  Mii>dleton. 

r  Letter  fn»m  the  Eail  <»f  3l!DDLr.To\, 
to  the  same  purpose. 

noble  Lord;  Paris,  Ai}i'd  17,  U)bj. 
\  hopeful,  that  the  beui'cr  of  this  h'ttcr 
found  one  who  has  been  u  most  faltlii'ul 
to  your  lordship,  an  i  inv  kind  frieinl, 
harer  in  my  troubles.  I[ii!«'i->1  1  have 
rengthcned  by  him  to  support  and  nver- 
oany  difficulties.  He  will  aeipiaiiit  you 
hat  natli  past,  wjiifh  truly  was  sti-an^ro 
of  us,  but  your  own  re-eneoiinters  will 
Lbem.  My  lord,  I  shall  be  faithful  in 
you  that  cliai'aeter  wliirh  xrxir  worth 
erii  may  justly  challeii};:;.  I  pn»fe.ss  it 
t  to  the  ruin  of  the  service,  one  nf  my 
i  nvr<'tM  that  I  coubl  not  puviihly  wan 
ou  before  my  ^oiii^  lrf>m  »StotI:i!iil,  that 
t  have  nettled  a  way  of  eon'edp<iiiden(-e 
m,  and  that  your  Ijrdsiiifi  <Mi;4[it  have 
mod  me  better  than  yei  vou  ^\^\\  i  sliouM 
laea  plain  in  every  tin  i;^,  and  •iide<.'<l 
milt  jour  lonlslii|i  my  eonle>sor :  asid  * 
mfid  the  bearer  will  say  somewhat  for 
.  Till. 


A  Letter  from  the  Earl  of  Glencairn,  testify- 
ing  his  esteem  for  this  iiubic  |)crson,  and 
the  sense  he  had  of  his  loyalty  to  the 
Kiii«^,  when  few  had  the  courage  to  own 
him. 

3Iy  Loi*d ;  Lest  it  may  be  my  nii8fi>rtune, 
in  all  these  great  revolutions,  to  be  niisrepre- 
sented  to  your  lordship,  as  a  person  unwoithy 
of  your  favourable  opinion  /an  artiiice  lery 
frequent  in  these  times)  I  did  take  «K;casion  to 
call  for  a  friend  and  sorv'ant  of  yt»urs,  the  laird 
«>f  Spanie,  on  whose  discretion  1  did  adventure 
to  lay  forth  my  heart's  desire,  to  obviate  in  the 
bud  any  of  these  misunderstandings.  Your 
loi-dship*d  true  worth  and  zeal  to  your  (Mjun- 
try's  happiness  being  so  well  known  to  lue, 
and  conlirmed  by  our  late  sudering- acquaint- 
ance :  and  now  finding  how  nmcli  it  may  con- 
duce to  these  great  ends,  we  all  wish  that  a 
iterfect  unity  may  be  amongst  all  good  and 
mmest- hearted  Scotchmen,  though  there  be 
tew  more  insignifieant  than  myself:  yet  my 
zeal  for  those  ends  obliges  me  to  say,  tliat  if 
your  lordship's  health  and  affairs  could  have 
permitted  you  to  have  been  at  Edinburgh  in 
these  late  times,  you  would  have  seen  a  great 
inclination  and  desire,  amongst  all  here,  of  a 
perfect  unity,  and  of  a  mutual  i^es|»eet  to  your 
iM*rson,  as  oV  chief  emineiiei.'  and  worth.  And 
1  here  shall  set  it  under  my  hand,  to  witness 
a^iust  all  my  informers,  that  none  did  with 
more  passion,  nor  shall  with  more  continued 
Z(^l,  witness  themselves  to  be  true  honoiirers 
of  you,  than  he  who  desires  infinitely  to  be 
esteemed,  my  lord,  your  most  humble  servant, 

Glentaion. 

What  1  cannot  well  write,  I  ho|)e  this  dis- 

civet  genileman  will  tell  you,  in  my  name: 

and  1  shall  only  beg  leave  to  say,  that  I 

am  your  most  noble  lady  *s  humble  senant. 

Af^er  the  readin*;  of  which  Order  and  Let- 
ters, which  yet  the  Court  refused  to  record,  the 
carl's  advocate,  or  counsel,  sir  George  Lock- 
hart  said  in  his  defence  as  fcdlou  s  : 

Sir  George  liOckhail's  AktiUMENT  and  Plea 
for  the  Earl  of  Argyle. 

Sir  Ge<ir<)f%*  L(K*khai't  for  the  earl  of  Aigyle, 
alled;{;eth,  That  the  !ilH>l  is  U'lt  relevant,  and 
w-lif')-trU)KMi  he  ou^lit  t'»  be  put  to  tin*  know- 
ledp^t;  ol*  an  inquest.      F'or, 

It  is  a!K:;(Mi  in  the  •{;enerdl.  That  all  criminal 
libels,  \iiiTeupon  any  person^  life,  trstitir  and 
ivpiiiHiii.u,  r.:!i  l)e  drawn  in  (piesti(»n,  siioiild 
be  founded  tip<4n  clear,  positive  aiii!  fvnniss 
aets  o.  parliauient,  and  tlie  matter  of  fiu  t  which 
is  libelled,  to  be  the  cuutravenlion  of  those 

3M 


915]    STATE  TRIALS,  33  Charles  II.  1681.— TVta/  oj  the  Bart  ofArgifk 

laws,  should  be  jilaiD,  clear,  and  direct  contra- 
▼entiona  of  the  same,  and  not  argued  by  H-ay 
of  implications  and  inferences.  Whereas  in 
this  case,  neither  the  acts  of  parliament  founded 
upon,  and  libelled,  can  be  in  the  least  the  foun- 
dation of  this  libel :  nor  is  the  explication  ^hich 
is  pretended  to  be  made  by  the  pannel,  at  the 
time  of  the  takings  of  his  oath  (if  considered) 
any  contravention  of  those  laws ;  which  being 
premised,  and  the  pannel  denying  the  libel,  as 
to  the  whole  articles  and  jioints  therein  con- 
tained, it  is  alleged  in  spectal : 

That  the  libeT,  in  so  rer  as  it  is  founded  upon 
the  21st  chap,  stat  J.  R(4iert  1.  and  upon 
83d  act,  par.  6.  James  5.  the  43d  act, 
par.  3,  James    1.   and   upon   the  83d  Act, 

Jar.  10.  James  5.  and  upon  84th  act,  par.  8. 
ames  6.  and  upon  the  10th  act,  par.  10. 
James  6.  and  upon  the  2d  act,  par.  1.  Ses.  2.  of 
his  sacred  majesty ;  and  inferring  thereupon, 
that  the  nannel,  by  the  pretended  explication 
giyen  in  by  him  to  the  Lords  of  his  majesty's 
privy-council,  as  the  sense  of  the  oath  be  had 
taken,  doth  commit  the  crime  of  leasing-mak- 
inc,  and  depraTJng  his  majesty's  laws  :  The 
inference  and  siibsumption  is  most  unuarrant- 
ble«  and  the  pannel,  thoii<(h  any  such  tiling 
were  acknowledged  and  provinl,  can  never  be 
found  guilt  V  of  contravenin<f  these  acts  of  par- 
liament. In  respect  it  is  evident,  upon  perusal 
and  consideration  of  these  aiis  «>f  parliament, 
that  they  only  concei*n  the  case  of  Irasing- 
makinpi' tondin;;^  to  seditinn,  and  to  br*rft  «lis 
cord  I.M  tui\i  his  nmjpsty  and  liis  siibjpct'i,  and 
tlic  dislikcof  his  iiiajt.' ly's  i:i;^o\(niniont,  and 
the  n'|>n>vcli<d"  the  saiiH'.  And  ihr  said  laws 
and  acts  of  pailianunt  were  iu:\rr  undrrstood 
or  libt'lkd  niKMi,  in  any  other  scnso.  \nd  all 
the  fonnrr  ails  nf  pailianirnt,  whirhrclaH'  to 
the  <  rinir  of  ]tasiiiy--iriakir.;^  in  lictnral  fnuj^i 
and  under  thr  <{ua!iti('ation  tonsnid  as  trndiiiif 
to  hctft't  iliscord  h»l>\i\t  liis  niMJrslv  and  his 
suhj('(*ls,Hrf  r\[daint  «l  andfnUv  dcrlMPrd,  as  to 
what  is  thr  trui- iiH'aninjr  nnd  ini|Mirt  thtrrof. 
by  the  ir>nh  act,  |»av.  j;.  .Lhm -s  (').  \^liirli  u 
lati's  to  thr  same  crinn-  ot'  h-asintr  inaki'i^-, 
and  which  is  rxpnssly  ilcscriln-d  in  ihrsr 
terms,  to  hr  wirkt'tl  and  lin  ntioii»»,  pnhli<"  and 
private  sjX'rch*  »j,  and  nnlrm-  rahnnnus  to  thi^ 
disdain  ami  ('oTit«-ni|>t  ot'  his  miiji  sty's  ronnril 
and  proc«'tMlin;;^s.  and  to  thi  tlishonour  and  on  ■ 
judice  ot"  liis  liiyhurss  and  Ins  istatv.  slliiin^" 
up  his  hii;hufss's  snlii^'cfs  to  MJ.slikinii"  and  t 
ditioii,  an«l  nn(pii«'tn'.'ss,  whirls  luini;' the  linr 
sense  and  inip<u't  td'  the  ae!<  ot"  |».nlia!n«;i: 
made  against  leasin<jr-iiiakt  i^,  the''<'  «s  iwtthini: 
cafi  he  interri'd  Troni  tin  |.aiiru-!"s  ;ill(il^.'.|  »  \ 
jdieatioii,  uhiehean  1»{  \» ;«  sti  ,| «  r  r»  tish  lU  i!  iij 
he  a  eon? Lax ent ion  ot"  tiH--;.'  la>\N      i\*  r«s|'ri'i. 

I.  It  is  kiniwn  hy  tlie  a\  hoK-  iii-er  ri  h  s  lijj-. 
and  j^ra.'ioimlv  aekn(»\\  l«  dm  il  l.\  hi**  s.-kk.j 
niajest  > ,  hy  a  lett<i  uitdoi  his  'i»\:.i  h.'io»i.  tli.ii 
the  i)ann<  I  did  ever  mosi/t  ali-.TiNix.  viirorously  . 
and  I'aithiuliv  projnote  and  r::\\  on  his  ma- 
j<»sty 's  servieej'iid  ii.torrst.   vmv.    in  tin    \\<irs! 

and  most  difiienit   times;   Wliieh    i*^  also  ae- 

know  ledgfed  hy  a  pa*?**  iiiid'-r  tiie  earl  <d"  Mid- 


dleton's  hand,  who  had  then  a  special 
sion  from  his  majesty,  for  canymg  on 
jesty's  servkx"  in  this  kingdom,  as  lie 
general  under  his  miyesty  ;  and  by 
under  the  earl's  hand,  of  the  date,  M 
do  contain  high  expressions  of  the 
loyalty,  and  of  the  great  senices  he  L 
formed  for  his  majesty '•  iotetesL 
majesty  as  being  consdona  thereof, : 
fectly  knowinj^  the  pannet's  toyahy, 
zeal  and  faithfulness  for  his  service,  <i 
fit  to  entrust  the  pannel  in  offieesand 
ties  of  the  greatest  trust  of  the  kingdi 
it  is  a  just  and  rational  presnmptioii,  v 
law  makes  and  infers,  that  the  words 
pressions  of  persons;  who  by  the  ti 
course  of  their  lives  have  expressed  th 
and  loyalty  to  his  majesty's  mterest,  u 
be  interpreted,  and  understood  *  in  c 
partem.'   And  by  way  of  implication 
ference,  to  conclude  and  infer  crimes  f 
same,  which  the  user  of  such  words 
pressions  never  meaned  nor  designed, 
unreasonable  and  unjust. 

II.  As  the  foresaid  acts  of  parliame 

against  leasing- makers,  and  depraver 

majesty's  laws,  only  proceed  in  theter 

said,  where  the  words  and  speeches  ai 

tending  to  beget  discord  between  the  I 

his  subjects,  and  to  the  reproach  and  c 

hi^  government,  and  when  the  same  a 

and  rented  in  a  subdolous,  pernicious, i 

dulent  manlier  :  So  they  never  were, 

bo  iitiderst(»of1  to  proreeu  in  the  ra"!oo1' 

otlerintj  in  the  ])rrsoi)ee  ot'  a  pnhlie  ji 

(wliereof  he  had  tlie  honour  to  hf  a 

=  his  sinrero  ami  plain  moaning  and  ai>p» 

'  (d'  «hat  he  eon<*ei\rd  to  Ih»   the  tnH- 

,  tlie  a<-t  of'parliameiit  imposini^andenjo 

i  tos!  :  'I'hero  heinu  iK'thiny;  more  oppo*. 

■  aet  of  parliament  made  ai:fainNt   lea^ii 
ini>.and  ventiiifj  and  spreadinyf  ahronii 

;  upon  seditions  ilesioim,  thin  the  t'orr';: 

•  and  open    deeiaratiiui  of   hi.-  si  use  ;ini 

t  hensi<Mi,  m  hat  uastiie  ineaniii!;  of  tin 

of  pari  anient.      \n<l  il  is  ot"  no  iniji'Mt 

an\  erinie  .  an«l  imieh  less  of  an\  ol'tlit 

hhelh>d.  all"  it  the  |)annel  ha<l  errcil  : 

takt  n    in  les  apprehension  of  the  a<l 

i  liannni.       \nd  it  werf'a  s-raiv^'e  evtt" 

.  till'    ;m-1    mi   parli;;ment    made  ayf.»i!i."«7 

'  nwikeiN,  ri'(piiiii!«^-    the    ipialitieatii'ii<i 

and  till- ;<*is   aiiJiinst   dep|•a^in^■    hi*»  i 

i'i'^  s.  ti»  inake  th<'   pannel.  or  am    r.tiK 

U'lil^.^    npi'ii   the   mist:ikes   and  m.^j] 

si.i...  ot"  tin  N« use  <.f  tin'   lau<,   uh-zr 

'.  \t^i\  iiiis'iikc  ami  differ  vtrv    iiim-Ii,  a 

<  .lojHjit  law  \eiN  ;ui(|  jiii|ii-is.      Si  I  I  hut 

(►I   p:'ili.iment  against  l«-usmi;"-m;iktii£|^ 

pra' liij  hi<  majestv  *s  laws,  ean   (»nl} 

'  di  i-i.Msd  in  the  express  term^  and  ijUJ 

ff'i»    .ilil       l.ikeas  it  neither  is  lilielUd. 

■  Im   jn<»\en.  that  the  pamul,  U-torelie  « 
'  and   reipiired   \t\    iho    Lords    of  lijs  P 

privy-eonncil  to  take  the  oaib,  di«l  ' 
word  or  praeii<'e,  use  any  rcproai'liAd 
'  of  liie  baid  aet  of  iiarjiaiaent,  or«>f  hisi 

I 


^  m 


STATE  TRIALS,  33  Charles  II.  iGsu—for  High  Treawn. 


R 
T 

.  r; 


firmiiiient ;  bat  bein^  required  to  take  the 
iiiii,  he  clul  humbly,  with  all  subiaissiou,  dc- 
dm  wrhait  he  apprehended  to  be  the  sense  ot* 
Ikaact  of  iNuriiament,  enjoiniiiji;  the  T^\,  and  iu 
vhataenae  he  had  freeduui  to  take  the  same. 
'^  -  III.  X'lie  act  of  parliamcut  eujoiniuf^  the  test 
■^  :•  4kb  liot  eDJoin  the  same  to  l>c  taken  by  all 
^  ^tnoM  w  hatsoever,  but  only  pr«»M:ribes  it  a^  a 
'^.  fMliticatiim,  without  which  persons  could  not 
y  JJ*ume  or  continue  lo  act  in  public  trust: 
■"*  Miich  bttiogan  oath  to  betaken  by  so  solemn 
^*  P  invocation  ot"  the  name  of  A]mi*,rhty  God, 
i3.  ^^^^^  ooly  allowable  by  the  lawH  and  customs 
'^'  »BUnationg,  and  the  opinion  of  all  divines,  and 
^2??**'  popish  or  protestaut,  but  also  com- 
'  '  5y^^»  ^''■*  where  a  paity  has  any  scrupulo- 
^1  ■ty,  or  iinclcamess  in  nis  conscicntW,  as  to  the 

-■'^  y^  ^^^^  ®*^»  tlmthe  khould  exhibit  and 
■*  JS^**  ^®  "^"se  and  meanint^  in  ivhich  he  is 

-*  ~J^**>aterial,  whether  the  scruples  of  a  nian*s 
;-i    S^T^^^cet  in  the  matter  of  au   oath,   be  in 

*  *  2?^'^®*4**''  ^''  gTO""*JUess,  it  beiiijr  a  certain 
.  ^  ?**?*'»  ^"  *"  ^^  *"**  divinity,  tliat '  consci- 

"^       •Wk  etiam    erronea  ligat:'   and   therefore 


>^  ?!!!^  ^^  pannel  had  thought  fit,  for  the  clear- 

f^    ^K  uhI  exoneration  of  his  own  conscience,  in 

^-^    mtntter  of  the  highest  concern  as  to  his  peace 

r^  ^    ^^^wpotCy  to  have  expressed  and  declared  the 

•  *  ^\   ^^*«i  senae  in  which  he  could  take  the  oath 

X.  ,'   .^^ielhtt  the  sense  was  consistent  with  the  act 

/^      '^fptriiament,  or  not,  yet  it  does  not  in  the 

^      '  '^BM  import  auj  matter  of  reproach  or  retlec- 

^       te  upon  the  justice  or  pruaence  oftliepar- 

^^      Unent  in  imposing  the  said  oath :  but  allenarly 

^       /lorn  evince  the  weakness  and  scrupulosity  of  a 

-■n's  conscience,  who  neither  did,  nor  ought  to 

Jttfe  taken  the  oath  but  with  an  explanation 

Jkift  would  bare  saved  liis  conscience  to  his  ap- 

-'■nbrasion.    Otherwise  he  had  grossly  sinned 

.Move  God,  even  though  it  was  *  conscientia 

•*  enuH.''   And  this  is  allowed  and  prescribed 

hf   aH    protestant   divines,    as    indispensibly 

neoneary,  and  was  never  thought  to  import 

.any    crime,    and    is    also   commended  even 

Inf  pouish  casuists  themselves,  who   though 

rtbej  allow,  in  some  cases,  of  mental  reserva- 

tiioiM  and  equivocations,  yet  the  express  decla- 

latioa  of  the  sense  of  the'  party  is  allowed  and 

•  oooimended,  as  much  more  ingenuous:  and 

*  tntiiu  remedium  conscientifcncillaqueetur,*as 

appears  by  Belhirminc  *•  de  Juramcnto,*  and 

I  upon  tiie  same  title  *•  de   luterpnaa- 

.lione  Jaramenti ;'    and  Lessiiis,  that  famous 

rawiist, '  de  Jnstitia  et  Jure*,  Uubitationc  U,  9. 

*  ntnim  ri  nuis  salvo  an imo  aliqiiid  juramcnto 

*  pramittatohligt'tur,  et  quale  {Ksccatum  hoc  sit.* 
And  which  is  the  general  ojiinion  of  aH  casuists, 

.  and  all  divines,  as  may  appear  by  Amesius,  in 
hn  -treatise  ^  de  conscientia,*  Sandei*son  *  dt^ 

.*  joraxnento,  prelectione  secunda.'  And  such 
an  express  declaration  of  the  sense  and  meanint; 
of  any  party  when  re(|uired  to  take  uii  oath, 
for  no  other  end  but  for  the  clearing  and  (exo- 
neration^ of  his  own  conscience,  was  never  hi 
theopinionof  any  lawyer,  or  any  divine,  con- 
f  trued  ^x^  be  the  eriinr/of  leasing- ma kiny,  or  of 


[918 

defamatory  hbels  or  depraving  of  public  laws, 
or  reproaching  or  miscoustruingof  the  govem- 
ment  ;  but  on  the  contrary,  by  the  universal 
suffrage  of  all  protestant  divini*s  there  is  ex- 
pi'cssl>  re(|uired,  in  cases  of  a  scrupulous  con- 
science, an  abhorrence  and  detestation  of  all  re- 
set* vod  senses,  and  of  all  amphibologies  and 
equivocation!^  which  are  in  tlieui^clves  unlaw- 
ful and  reprobate,  upon  that  uniinswcrable 
reason,  that  J  uramentus  being  the  highest  act 
of  devotion  and  rcligiou,  *•  in  eo  lequiritur  max- 

*  ima  simplicitas  ;*  and  that  a  party  is  obliged, 
who  has  any  scruplt;^  of  conscience,  ]mbhcly 
and  openly  to  clear  and  dc(;lare  the  same. 

IV.  Albeit  it  is  not  controvertetl,  but  tliat  a 
legislator,  imposing  an  oath,  or  any  public  au- 
thoritVi  before  whom  the  oath  is luiken,  may, 
afier  hearing  of  the  scube  and  e\j)lication 
which  a  person  is  wilUng  to  put  upon  U,  either 
reject  or  accept  of  the  same  it  it  be  concei\ednot 
to  be  consistent  with  the  genuine  sense  of  the 
oath :  yet  though  it  were  rejected,  it  was  never 
heard  of,  ^r  pretended,  that  the  offering  of  a 
sense  doi^s  ini|K)rt  a  crime,  but  that  notwith- 
standing thereof,  *  Habetur  ]>ro  recusante,*  and 
as  if  he  had  not  taken  the  oath,  and  to  be  liable 
to  the  certification  of  law,  as  if  he  had  been  a 
refuser. 

V.  The  pannel  having  publicly  and  openly 
declared  the  sense  in  which  he  was  free, 
to  take  the  oath,  it  is  offered  to  be  proved, 
that  he  was  allowed,  and  did  accordingly 
proceed  to  tlie  taking  the  oath,  and  did  there- 
after take  his  place,  and  sit  and  vote,  during 
tliatsedenint  of  privy-council.  So  asthepre- 
t'^nded  sense  and  explication,  which  he  did 
then  emit  and  give,  can  import  no  crime  against 
huu. 

VI.  It  is  also  offered  to  be  proved,  that  before 
the  pannel  was  re(|uire  to  take  the  oath,  or  did 
appear  bfdbre  his  royal  highness,  and  lords  ot 
the  privy-coimcil,  to  take  the  same,  there  were 
a  great  many  papers  sijread  abroad  from  per- 
sons, and  ministi'rs  or  the  orthodox  clergy'  ; 
and,  as  tlie  |»annel  is  informed,  some  thereof 
presented  to  the  bisho[is  of  the  church,  in  the 
name  of  synods  and  presbyteries,  which,  did, 
in  d<»wiiright  terms,  ciiargc  the  Test  and  oatli 
with  alledged  contradictious  and  inconsistencies 
And  for  satisfaction  whereof,  some  of  the 
Icai'ned  and  reverend  bishops  of  the  church  did 
write  a  learned  and  satisl'ving  answer,  called, 
'  A  Vindication  of  the  Test,  for  clearing  the 

*  S4iruplc-s,  diihcuUies  and  mistakts  that  wer^i 
*•  objected  against  it,"  And  which  vindication 
and  answer  \\\\s  exhibit e<l,  and  read  l^efore  the 
lords  of  his  majesty 's  piivy -council,  and  allowed 
to  l)e  printed:  and  from  which  the  |>annel 
argues. 

1.  That  it  neither  is,  nor  can  be  pretended  in 
this  lilH'l,  that  the  alledged  evpUcation,  wherein 
he  ditl  takeihe  o.ith,  does  propose  the  scruples 
of  his  conscience  hi  these  terms,  which  were 
prr)|>o>ed  by  the  authors  of  tliese  objections, 
whii-li  do  Uatly  and  positi\ely  assert,  that  the 
<>utli  ;uid  ti'.st  do  cjutuin  uiattt^rs  of  inconsis- 
tency  and  contradiction  :    v\  hereui  kU  tliat  i^ 


^ffll    STATE  TRIALS,  33C«arlbsI1.  I6(i\  .—THal  9/ tht  Earl  ef  Argstf  ^ 


pretended  in  this  libel,  vrilh  the  most  absolute 
Tiolenre  tba.t  can  be  put  upon  the  words,  is  sr- 
Efning  iinplirations  sod  inlerences ;  which 
Uialher  tlie  words  are  rapnble  to  bear,  nor  the 
sincerity  of  the  earl's  intention  and  dcsio-n,  nor 
Ibe  caurae  nf  hi»  by -past  life  ran  pmsiUy  ad- 
mit of.  Andnrnii-of  the  persons  wlio  were  the 
nTilhorHcTf  such  papers,,  were  ever  yel  judgjed 
or  reputed  cnniinal  or  ^lilty,  and  to  be  prose- 
cuted IbrlheMliaiisund  inramouacritnes  libel- 
led, of  trvasoii.  leasing- inakinE,  peijurv,  and 
the  like. 

3.  The  pannel  does  also  argiie  from  the  said 
rantterof tact,  that  thealMired  expUcalion  li- 
belled can  neither  in  his  intention  and  design, 
nor  in  the  wunlx,  infer  or  import  any  crime 
against  him,  bccauxc,  before  hisbeitie  required, 
or  nppearins  to  take  the  oath  Uiere  were 
xpmd  abroad  ntirli  "cniLiles  and  objections,  by 
DOtni^of  lh(!  orlho:liix  clei^y  and  others  ;  90 
IhattJieeari  can  nccer  in  any  liensw  be  can- 
hl/ued  In  hi*  I'lplieation  wherein  he  took  the 
onlb  ;  to  hflvc  done  it  animo  in/iirnsndi,  nnd  to 
declaim  atcniiist  the  fforerameiit ;  forthescru- 
pIcH  Hml  iiiiJeerLOQs,  tliiit  were  spread  abroad  by 
others,  ircxe  a  tair  and  rational  occasion  why 
the  eu-l  in  any  R«nae  or  exfilicalinn  which  he 
offered  might  bare  said  tliot  heiias  conlideni  the 
parlialnentneTcr  intended  to  iinpoie  contrwlic- 


not  eMentiallvrequiaitelo  canatituteI>K-^  litfW 
menl.  And  besides  there  is  nolbiogi^^sbnM- 
tain,  than  that  the  occasion  of  the  MM. ^l  lO,* 
being  niaile  n-as  in  the  relation  to  thesr  hdu^ 
nnd  clergy;  and  there  is  naduugiD  «!»!» 

tended  explanation,  that  can  bcTtwst  ^c^lwi*' 
port  the  least  conlravention  of  the  (*id  •a,** 
be  an  impntpiintr  of  the  three  estaltJ  JJ    J*^ 

linniPRt,  or  asceking  any ■''- 

And  it  ia  admired,  with  ul 

it  can  be  pretended,  that  the  panuellu: 

a  lei;;islativc  power,   or  made  a  part 

seeihg  KUlhat  is  contained  in  the  alte^^l^J 

plicution  libelled.   Is  only  a   dedaniticr™**  "^ 

earl's  cense  in  which    he  was  tatistki     ' 

the  iiath,  and  so  respecteil  none  twl 

and  fiir  the   clearing  of  hie  own  co  _ 

which  Jnstly  indeed  the  word  of  God  («™         'i, 

loliiaisalf,   wiihout  ony   incroaching^-*P*"* 

leiniilative  power.     And  where  wis  lt_    *"^"T 

bated,  hut  that  a  man  in  the  taking  *>t      ""^ 

if  US  to  hisapprehensiernd  fae  thought  '■^J-*!^ 

in  it  deserred  lo  be  dcsred,  might  *"=^**  j? 

same,  or  thai  hia  eihibiling,  at  tlie  lin»  *^  ."* 

taking  of  tlie   oath.  lii»  sense  and  M^*'*™* 

irfiewTB  be  did  taka  it,  wus  eret  n^^f^^T 

pretended  to  be  the  ns^uniing  of  a  l**?*'^/? 

power,  it  beatv  the  univerwd  iirsctir*  o#  ™^. , 


»  and  iaferenoe  made  , 
libel,  that  thereby  the  parlmment  Kcre 
imyious  as  In  i.niniw;  cnntradidory  oalbs,  as  on 
die  cotitrary,  cDnsidering  tlic  circumstances 
fbrc-menlioned,  that  there  ware  papers  spread 
abroad  insinuating,  that  there  were  inconaisten- 
ciea  and  contradirtioos  contained  therein  ;  the 
said  expression  was  an  high  rindiratton  of  the 
honour  and  justice  of  the  parliament,  a^nstthe 
calnmm'es  and  misrepresentations  which  were 
cast  upon  it,  and  11  u^^  also  a  just  rise  fovthcpan- 
nel,  for  thedearingand  exoneration  of  hia  own 
CDuadence,  in  the  various  senses  and  npprclien- 
■tons  which  he  fi'iind  were  going  abroad  as  to 
Ihe  snid  Test,  humbly  to  offer  his  sense,  in  which 
he  was  clear  and  satisfied  lo  take  the  oath. 

Til.  Toihe  libel,  in  so  far  as  it  is  founde<l 
upon  the  act  of  paHiaroent,  Tiz.  Act.  130.  Par. 
8.  James  VJ.  declaring,  that  none  should  nre- 
Rume  to  impugn  tlicil^ily  or  authority  of  the 
three  estates  of  [larlianient,  or  procure  any  in- 
vasion or  diminution  thereof,  under  the  pain  of 
treason  ;  as  also,  in  so  Isr  as  it  h  pretended  in 
the  libel,  that  the  pannel,  by  offering  the  sense 
and  BXplication  tibrlledj  has  assumed  the  Wis- 
lative  power,  which  is  mcominuuicahle,  and  haa 
made  a  law,  or  part  of  a  law. 

It  is  answered,  the  libel  is  most  groundless 
and  irreleTanI,  ami  against  w  hich  the  act  of^iar- 
liameat  is  omioned,  which  is  so  plain  and  ctI- 
dent  upon  the  reading  thereof,  that  it  neither  is 
Itor  can  be  subject  loibe  least  cavillation ;  and 
the  plain  meaning  wheri'of  is  nolhbg  ebiehut  to 
jmpugn  the  authority  of  parliainenW,  as  if  the 
fang  and  parlianient'bad  not  a  legislaliie  iioiver, 
w  Were  not  the  hi|,'lie3t  representative  of  ibe 
^■"MT*"!!:  oriliBtanyoftbethre««Matee  were 


power,  it  being  the  univerud  praetic 
lions  to  aliow  this  libetty -,    and  whid* 
may  be  etdier  rejected  or  accepted, 
gislatm- shall  think  fit,  importia^  n 
a  party's  private  sense,   for  Ihi 


lhtfl» 


•   that  n 


of  the  libel  founded  iiiMin  Act  19.  Par.  3.  Oi^ 
Mary,  it  contains  Dolbing  bnl  a  decbntn  ' 
the  pain  of  perjorv,  and  tliere  is  nothbgiai'* 
exphcalioQ  libelled,  which  can  in  the  \e»W 
iiderredasa  contnvention  of  the  said  iH,'n 
respect  if  it  should  be  proied,  that  the  ptM^ 
at  the  time  nl' Ihe  taking  of  Ihe  oath,  <Ud  id* 
it  in  the  wonts  of  the  said  explication,  mUi 
sense  of  Ibe  oath,  it  is  clear  that  the  stMeb^ 
mg  declared  at  tlie  time  of  taking  Ihe  oath, aril 
altowcd  as  the  sense  wherein  it  was  akva,  fc 
nannel  can  only  be  understood  to  bare  takail 
in  that  sense.  And  atlhongh  pubhc  antboiil; 
may  consider  whether  the  sense  giTcn  by  fli 
pannel  does  satisfy  the  law  or  not,  yet  that  en 
import  no  more,  ttiough  il  was  Ibund  notion- 
lisfy,  but  lo  hold  the  pannel  as  a  retttaer  of  the 
oath:  but  it  is^solute)^  im]iD3silde  to  infer  Ibi 
crimes  nf  perjury  upon  it,  being,  as  is  premnhd 
by  the  h"hel,  ihe'  pannel  did  only  take  it  niUi 
itie  doclaraliim  ol  the  sense  and  explication  li- 
bellcd. 

Vlll.  As  the  explication  tibe)le<l  does  nal  U 
all  import  all,  or  any  of  the  crimes  contained  tn 
the  saui  libel,  so  by  the  common  principles  if 
all  law,  where  a  person  does  emit  words  forlk 
eli'jiring  and  exoneration  ofhis  own  conseiente, 
although  there  were  any  amtnguity,  or  unclear- 
ness,  or  inTolredness  m  the  tennr  or  impMl 
crf'the  expressions  or  words,  vet  they  areeter 
to  be  inlerprele:], '  internretationc  heni<n>a  etii- 
voraliili,'  according  to  the  general  pnndplet  ti 
law  and  reason.  And  ii  neter  was,  nor  can  be 
refused  to  any  iwooo  to  iuteqnrct  and  p*l  ■ 


»l] 


^ATE  TRIALS,  S3  Chakles  l\.  I68I-— /«■  High  TWiiioi.  [gsa 


=^  J 


upon  his  own  wonls,  es|)ecially 

the  pannel  beings  a  pereou  of  eminent  quality, 

Wmd  #ho   bath  t^ven  s^reat  demnnstration,  and 

Witeiable  eridenccs  of  his  fixt  and  unalterable 

Jajiky  to    bis  nuuesty's  interest  and  serrice, 

cad  aitlie  time  of  eraittintf  the  said  explication 

WM  inveated  and  entnistH  in  public  capacities. 

Afld  it  is  a  just  and  rational  iutcqu-etotion  and 

eMrtioa    i^-bich  Sanderson,  that  jutiicious  and 

unbent  casuist,  gives,  Pra*lect,  ?.  That  *  dicta 

ft^*^**    priiK»pam,  parentiim,  rectoruin,'  are 

ever  to  lie  looked  upon  as  *  benij^nee  interpre- 

iBK><|i>*B«'  and  that, '  dubia  sunt  interpreteuda  in 

iBriwf^Kyi    partem.'     And   there  is  nothinijfin 

ibeexplicationlibeUcil,  which  without  detorsi(»n 

and  vw>!«Mice,  and  in  the  true  Kense  and  de<;i<rn 

flfA*T**«Miel,  is  not  capable  of  this  beni^  in- . 

trrpret^tion  and  construction,  espeoially  respect 

^^Jli'*^  to  the  circumstances  when*i'n  it  was 

^gutw^^  ftnd  pvcn,  ofter  a  jrrent  many  ohjec- 

■    f^"^ _ *^i^ipfa,  and  alle<lged  inconsistencies, 

.  "WW*  ^^Mcd,  vented,  and  sprratl  abroad,  which 

i  ^■••.  **«e  to  the  earl  for  using*  the  expressions 

-  '''iV  ^nli_"  *®  pretendetl  declaration  hbelled. 

-  i'^-    T*faese  wonls  whereby  it  is  pretended 
«s  ^jj^'^^gl  declares,  he  was  rwidy  to  give  ohe- 

-    diw*?  aa  far  as  he  could,  first,  d<i  not  in  the 
:  *    Vi^^'^^port^'that  the  parliament  had  imposed 
'_3  ^jyfc   which  was  in  itself  nnlawiWI :    but 
.  «   "•■!  ^"®  pannel^i  scrupulositv  and  uucleamess 
'' "  ^•^**r  of  conscience.  And  it  is  ho|)ed  it  can- 
W^"C  n  crime,  because  all  men  canuot  gfo  the 
••^Ifip^fth.    And  if  any  such  thinsc  were  ar- 
|0in,  it  might  he  ar<^e<.)  ten    times   more 
*^i   afonghr  fhrni  a  simp'e  refusings  of  the  oath,  as 
***     if  toy  thingr  were  enjoined  which  were  so  huvil 
"  -     *tet  il  is  not  possible  to  comply  with  it :    anil 
^        jei  fueh  implications  are  most*  itTational  ami 
IMOMqiiential,   and  neither  in   the  case  of 
'        m  siniple  and  absolute  refusinsf  of  th e  outh ,  nor  in 
■Ifaeeaae  of  an  explication  of  the  party's  sense 
wfacrein  he  is  willing  to  take  the  onth,*  is  there 
any  impeachment  of  the  jiiKtice  and  prudence 
oftiie  legislator,  who  iniftoseth  this  oath,  but 
nngly  a  declaration- of  the  scrupulosity  and 
wwkpew  of  the  party,  whv  he  cannot  tatce  the 
calh  in  -otiier   terms :  and  such    expli<rations 
bftre  been  allowed  by  tlic  laws  and  customs  of 
•U  nfttioiis,  and  are  advised  hy  all  divines,  of 
whatsoever  principles,  for  the  solace  and  se- 
curity of  a  man's  conscience. 

X.  As  to  that  point  of  the  explication  libell('<1, 
That  I  am  conndent  the  parliament  never  in- 
lemled  to  impose  contradictor^  oaths ;  it  res- 
pects the  former  answer,  which,  C(»nsidcring 
tlie  plain  and  downright  objections  which  were 
spread  abroad,  and  made  against  the  oath,  as 
eiMitahiinjf  inconsistencies  and  contradictions, 
wa*  an  high  vindication  of  the  justice  and  pru- 
dence of  the  parliament. 

XI.  As  to  these  words,  *  And  therefore  I 
think  nobody  can  explain  it  hot  himself.*  Tlic 
plain  and  clear  meaning  is  nothing  else  but 
that  the  oath  being  imposed  by  act  of  |iarHa- 
nentitwas  of  no  private  int<Vpretation :  and 
that  therefore  e%cry  man  who  was  to  take  it,  he- 
iioved  to  take  it  in  that  scuse  which-he  appre- 


hended to  be  the  genuine  sense  of  the  parlia- 
ment. And  it  is  impossible,  without  impugning 
common  sense,  tliat  any  man  could  take  it  in 
any  other  sense,  it  being  as  impossible  to  sea 
with  another  man's  eyes  as  to  see  with  his 
private  reason.  And  a  man's  own  private  senso 
and  apprehension  of  the  genuine  sense,  was  thn 
only  propiT  way  wherein  any  man  could  ra- 
tionalK'  take  the  oath. 

\ll.  And  as  to  these  words,  *  Tliat  he  takes 
it  as  tar  as  it  is  consistent  with  himself  and  the 
protestant  religion.'  The  pannel  neither  in- 
tended nor  expressed  more,  out  that  he  did  take 
it  as  a  true  protestant,  and  he  hopes  all  men  have 
taken  it  as  such. 

XIII.  And  as  to  that  dause  wherein  tfie 
pannel  is  made  to  declare,  <  That  he  does  not 
bind  un  himself  in  his  station,  in  a  lawful  way, 
to  wish  and  endeavour  any  alteration  he  think 
to  the  advantage  of  church  or  state,  not  repng* 
nant  to  the  protestant  religion  and  his  loyalty.' 

It  is  answered,  there  is  nothing  in  this  ex- 
pression that  can  ini|>ort  the  least  crime,  or 
give  the  least  umbrage  for  any  mistake.     For, 

1.  It  is  most  certain,  it  is  impossible  to 
elieite  any  such  thing  from  the  oath,  but  that  it 
was  the  intention  of  tlie  parliament,  thM  per- 
sons, notwithstanding  of  the  oath,  might  con- 
cur in  their  stations,  and  in  a  lawful  way,  in 
any  law  io  the  advantage  of  church  and  state. 
And  no  rational  man  ever  difi,  or  can  take  the 
oath  in  other  tenns,  that  being  contrary  to  his 
allegiance  and  duty  to  his  sacreil  majesty  and 
prince. 

2.  There  is  nothing  in  the  said  expression 
which  does  in  the  least  point  at  any  alteration 
in  the  fuudamentals  of  government,  either  in 
church  or  state  ;  but,  on  the  contrary,  by  the 
plain  and  clear  words  and  meaning,  rather  for 
its  iKjrpetuity,  stability,  antl  security.  Tlie  cx- 
pnssion  being  cautioned  to  the  utmost  scru- 
pulosity as  that  it  was  to  fie  done  in  a  lawful 
manner  ;  that  it  was  to  be  to  the  advantage  of 
church  or  state  ;  that  it  was  to  be  consistent 
with  the  protestant  religion,  and  with  his  loyalty, 
which  was  no  other  but  the  duty  and 
loyalty  of  all  faithful  subjects  ;  and  which  he 
has  signally  and  eminently  expressed  upon  all 
occasions.  So  that  how  such  an  expression 
can  be  drawn  to  import  all  or  any  of  the  crimes 
libelle«l,  {lasseth  all  natural  understanding. 

XIV.  And  as  to  the  last  words, '  And  this  I 
untlerstand  as  a  part  of  my  oath,'  v  hich  is 
libelled  to  be  a  treasonable  invasion,  and  as- 
suming of  the  legislative  power,  It  is  answer* 
etl,  it  is  most  unw  arrantable ;  and  a  i>arty's  de- 
claring the  sens(>  and  meaning  in  which  lie  was 
free  to  lake  an  oath,  does  not  at  all  respect  or 
invade  the  legislative  power,  of  which  the  pan  - 
nel  ne^cr  entertained  a  thought,  hut  has  an  ab- 
solute abhorrence  and  deteslation  of  such  prac- 
tices. Iliit  the  plain  and  cica^  meaning  is,  that 
the  sense  and  explication  was  a  part  of  his  oath, 
and  not  of  the  law  ini|K)sing  the  oath,  these 
being  as  distant  as  the  two  polos:  And  which 
sense  was  tak^ii  oiF  the  earl's  hands,  and  lie 
aocoi'dingly  was  allowed  to  t^ike  his  place  at 


923]     STATE  TRIALS,  33  Charlks  11.  l6Sl.— THW  e^lie  Bad  ^  Jbgi^, 

in  any  case.  And  tiierafiwe  the  opb 
libdled,  neitber  aa  taken  oooDiplciily,  nor 
severml  expresaiona  thcreoty  nor  k  died 
of  the  in^ver  of  the  aame,  can  in  law  ii 
against  him  all  or  any  of  the  criaMi  Ui 
In  like  manner  the  pannel  co^ioiBB 
the  groi.nds  abovemcntionedy  die  pndao 
issued  forth  bv  hia  nuuesty'a  Pkify-Ce 
which  ackuowledji^  and  proceeda  opani 
rative,  that  scruples  and  jealousiei  were  i 
aud  spread  abroad  against  the  act  of  p 
ment  enjoining  the  test.  For  dearim 
satisfaction  whereof,  the  said  prodamaliM 
issued  forth,  and  is  since  appro? ed  by  hi 
cred  majesty. 


the  council-board,  and   therefore  repeats  the 
ibrmer  general  defences. 

XV.  And  to  convince  the  lords  of  justiciary, 
that  there  is  nothing  in  the  pfetended  explica- 
tion libelled  which  can  be  drawn  to  imixMt  any 
crime,  even  of  the  lowest  size  and  dcmree,  and 
that  there  is  no  expression  therein  vontained 
that  can  be  detortcd  and  wrested  to  import  the 
same,  is  evident  from  that  learned  Vindication 

Eublisbed  and  spread  abroad  by  an  eminent 
ishop,*  and  which  was  read  in  tlie  face  of  the 
privy  council,  and  does  contain  exjiressions  of 
the  same  nature,  and  to  the  same  import  con- 
tained in  the  pretended  explication  libelled,  as 
the  ground  of  tliis  indictment  libcHi'd  a^inst 
the  pannel.  And  it  is  positively  oflereci  to  be 
proven  that  these  terms  were  given  in,  and 
read,  and  allowed  to  be  printed,  and,  without 
taking  notice  of  the  whole  tenor  of  the  said 
Vindication,  wliich  the  lords  of  justiciary  are 
humbly  desired  to  |ieru8e,  and  consider,  and 
com|iare  the  same  with  the  explication  libelled, 
the  sameacknowledgeth,  that  scruples  had  been 
raised  and  spread  alwoad  against  the  oath ;  and 
;dso  acknowledgetb,  that  there  were  expres- 
sions therein  that  were  dark  and  obscure ;  and 
likewise  takes  notice,  that  the  Couiession  ra- 
tified. Par.  1.  James  6.  to  which  the  oatli  re- 
lates, was  hastily  made,  and  takes  notice  of  that 
authority  that  made  it,  and  acknowledges  in 
plain  terms,  that  the  oatb  does  not  hinder  any 
regular  endeavour  to  regulate  or  better  thees- 
stu>lished  government ;  but  only  prohibits  ir- 
regular endeavours  and  attempts  to  invert  the 
substance  or  body  of  the  g"ovcnmieiit ;  uikI 
does  likewise  explain  the  act  of  parliauieiit 
aneut  his  majosiy's  suprt-macy,  that  it  does 
not  reach  thc^  alteration  of  the  external  t^o- 
vemment  of  tlie  church.  And  the  pannel  and 
his  proctors  are  far  from  insinuatini^  in  the 
least,  that  there  is  any  thin*^  in  the  said  \  indi- 
cation but  what  is  consistent  >vith  the  exenijilary 
loyalty,  piety,  and  learning  of  llie  writer  ol'th'e 
same.  And  though  others  perhaps  may  dif- 
fer in  their  pri>ate  opinion,  as  to  this  interpreta- 
tion of  the  act  of  parliament  anent  tlie  king's 
supremacy,  }  ct  it  were  most  absurd  and  irra- 
tional to  pretend,  that  whether  the  mistake 
were  upon  the  interpretation  of  the  writer,  or 
the  sense  of  others,  as  to  that  point,  that  such 
mistakes  or  misapprehensions,  u|>on  either 
hand,  shoulii  import  or  infer  against  them  the 
criiues  of  leiLsing'- making,  or  depravinjjf  liis 
majesty's  laws  :  Kor  if  such  foundations  were 
laid,  judt^es  and  lawyers  had  a  dangerous  em- 
ployment, tiiere  being  nothing  m<ire  ordinary 
than  to  fail  into  ditlereuces  aud  mistakes,  of  the 
sense  and  nu  aiiing  of  the  laws  and  acts  of  par- 
liament. Hut  sueh  crimes  cannot  be  inferred, 
but  with  and  under  the  qualitications  above - 
mentioiud,  of  niiilieious  and  perverse  designs, 
joined  with  licentious,  wieketl  and  reproachful 
speeches  s]>read  abroad,  to  move  se<lition  and 
dislike  of  the  government.  And  the  said  laws 
were  never  otherwise  interpreted,  nor  extended 

*  Qu.   that    of  the    bishop  of  Edinburgh 


The  King's  Advocate's  Arovmekt  and 
against  the  Earl  of  Aigyle. 

His  majesty's  advocate,  for  the  fooHl 
of  his  deliate,  does  repreaeni,  that  Ins  hm 
to  secure  the  government  froHi  the  rm 
principles  of  uie  last  age,  and  the  niyart 
texts  made  use  of  in  this,  from  popery, 
other  jealousies;  as  ahio  to  aecore  Ike 
testant  religion,  and  the  crown,  caM  a 
liament ;  uid  that  the  great  security  i«i 
on  by  tlie  parliament  was  this  excalleniTe 
which,  that  the  okl  juggling  principlflst 
covenant  might  not  oe  renewed,  wherda 
still  swore  to  serve  the  king  m  their  owa 
the  parliament  did  positivdy  ordain,  thrt 
oath  should  be  taken  in  the  plain  ga 
meaning  of  the  words,  without  any  rs 
whatsoever.  Notwithstanding  whereof, 
earl  of  Argyle,  by  this  paper,  does  invent  i 
way,  whereby  no  man  is  at  all  bouad 
For  how  can  any  person  be  bound,  if  < 
man  will  only  obey  it  as  tar  as  he  can,  a 
far  as  he  conceives  it  consistent  with  tbe 
testant  religion,  and  with  itself,  ainl  resei 
himself  notwithstanding  thereof,  to  maki 
alteration  that  he  thinks  consisti'nt  wit! 
loyalty  ?  And  therefore  his  majt^ity's  i 
cate  desires  to  know,  to  what  the  earl  d 
gyle,  or  any  man  else,  can  be  bound  bj 
'1  est  1*  \\  hat  the  magistrate  can  exiiH 
what  way  he  can  punish  his  peijury:*  1 
he  hi*  bound  no  farther  than  he  hiuisel 
oU'y,  or  so  far  as  this  oath  is  conslsteut 
the  Frotestant  religion  or  itself,  quomtdi 
Stat,  to  whom  or  what  is  he  bound  i*  Ad( 
can  determine  that  '^  Or  against  what  a 
tion  is  the  gc  vernment  secured,  since 
judge  of  his  own  alteration  ?  !So  diat 
oath,  that  was  to  be  taken  without  an\  ev 
is  evaded  in  every  single  w  urd  or  letter 
the  gov  ern  ment  as  in-secure  as  before  tl 
v\as  made,  because  the  taker  is  no  ti 
bound  than  he  pleases.  From  which  it  c 
be  denied,  but  liis  interpretation  destrO) 
(Illy  this  act,  but  all  government,  su 
takes  away  the  security  of  all  the  go 
ment,  and  makes  every  man's  cowo 
under  w  Inch  name  there  goes  ordinarily  i 
age  humour  and  interest,  to  be  the  rule^ 
tcdcer's  obedience.    Nw  can  it  be  coocw 


1 


STATE  TRIALS,  33  Charubs  II.  l68l.—Jor  High  Trtaion. 


[!»6 


It  purpcMe  bws,  but  especially  oaths,  needed 
se  made,  if  this  were  allowed ;  or  how  this 
not  fidl  under  the  lOTtli  act.  par.  7,  James 
vfaerehy  it  is  statuted,  *  That  no  man  in- 
rmet  tae  statutes  otherwise  than  the  maker 
Bocmood.'  For  what  can  be  more  con- 
ry  to  the  taking  of  them  in  the  maker's 
lie,  than  that  every  man  should  obey  as  far 
IkB  can,  and  be  allowed  to  take  them  in  a 
Boal  sense,  so  far  as  they  are  consistent 
Ai  themselves,  and  the  Protestant  religion, 
lliout  condescending  wherein  they  do  not 
ree  with  the  Protestant  religion  P  And  that 
ev  are  not  bound  not  to  make  any  alteration 
kich  they  think  good  for  the  states  ?  For  all 
BM  make  the  nue  of  obedience  in  the  taker, 
boeM  the  pontive  law  makes  it  to  be  in  the 
■ker.  Or  now  could  they  be  punished  for 
nury  after  this  oath  ?  For  when  he  were  quar  • 
M  for  making  alterations  against  this  oath, 
4  iO  to  be  peijured ;  he  might  easily  answer, 
■t  be  took  this  oath  only  so  far  as  it  was  con- 
int  with  the  Protestant  religion,  and  with 
■ho,  that  he  might  make  any  alteration  that 
I  thought  consistent  witli  his  loyalty.    And 

Is  these  points,  upon  which  he  were  to  be 
flnclM,  he  might  say,  he  did  not  think  them 
ie  inconsistent  with  his  loyalty,  think  we 
hit  we  pleased,  and  so  needed  not  l>e  per- 
Pri,  except  he  pleased  to  decide  against  him- 
Wi  For  in  these  generals  he  reserves  U>  him- 
tf  to  be  still  judge.  And  this  were  indeed  a 
Mieeurity  for  any  government.  And  by  the 
M  rale  that  it  loses  this  oath,  it  shews  a  way 
lonig  aH  oath  and  obedience :  And  conse- 
vrtly  strikes  at  the  root  of  all  laws,  as  well 
lUi:  Whereas  to  shun  all  this,  not  only 
bocellont  statute  107,  has  secured  all  llie 
M^  but  this  is  common  i-eason :  Ami  in  the 
AiioQ  of  all  divines,  as  well  as  lawyers  in  all 
ibne,  *  Verba  juramenti  intelli^mtur  sc- 
^Mknn  mentem  ct  intentionem  ejus,  ciii  lit 
Mnmenturo.'  Which  is  set  down,  as  the 
Md  position,  by  Saunderson,  (^Wiom  they 
fe)  page  137,  and  is  foundeil  upon  that 
Mher-law,  *•  leg.  10,  cui  intenrogatus  f.  f.  de 
■iRrogationibus  in  jure  faciendis  ;*  and  with  • 
I  which  no  man  can  have  sense  of  go\em- 
M  m-fais  head,  or  practise  it  in  any  nation. 
kneas  on  the  other  hand  there  is  no  danger 

ny  tender  conscience,  since  there  was  no 
itt  upon  the  earl  to  take  the  oath,  but  he 
ik  it  nr  his  own  advantage,  and  might  ha\c 
Mnocd. 

1.  It  is  inferred  from  the  above- written 
Wkr  of  6ct,  that  the  earl  is  clearly  guilty  of 
MMvention  of  the  10th  Act,  par.  10.  James 
wh>Teby  the  lieges  are  connnanded  not  tA 
Iteeny  purpose  of  reproach  of  his  majosty's 
RMuKnt,  or  misconstrue  his  proceetlings, 
■iiki  any  mislikinff  may  be  raised  btawixt 
•  lignaess,  hisnobiuty,  or  his  people.  And 
>qi  read  this  paper,  without  seeing  the 
find  the  parliament  n>pro:iclierI  opinly  in 

Par  who  can  hear,  that  the  oath  is  only 
^Miftr  aait  it  consistent  with  itself  and  the 
iffigHm,  hot  must  necessarily  con- 


clude, that  in  several  things  it  is  inconsistent 
with  itself,  and  the  protestant  religion  ?  For 
if  it  were  not  inconsistent  nith  itself,  and  the 
protestant  religion,  Vfhy  this  clause  at  all, 
but  it  might  have  been  simply  taken  ?  For  the 
only  rea.snn  of  hindering  it  to  be  taken  simply, 
was  because  of  the  inconsistency.  £n;o  there 
behoved  necessarily  to  be  an  inconsiKtencv. 
And  if  there  be  any  inconsistency  with  tKe 
protestant  religion,  or  any  contrailicliou  in  the 
oath  itself,  can  there  be*  any  thing  a  greater 
reproach  on  the  parliament,  or  a  greater  ground 
of  mislike  tQ  the  (»eople  ?  And  whereas  it  is 
pretended,  that  all  laws  and  subsumptions 
should  be  clear,  and  these  are  only  inferences : 
It  is  answered,  that  there  are  some  things 
which  the  law  can  only  forbid  in  general:  And 
there  are  many  inferences  which  are  as  strong 
and  natural,  and  reproach  as  soon,  or  sooner, 
than  the  plainest  defamations  in  the  world  do : 
For  what  is  openl^r  said  of  reproach  to  the  king, 
does  not  wound  him  so  nmch  as  many  aem^ 
tious  insinuations  have  done  in  this  age  and 
the  last :  so  that  whatever  was  the  earl's  design 
(albeit  it  is  always  conceived  to  be  unkind  to 
the  act,  against  which  himself  debated  in 
parliament)  yet  certainly  the  bw  in  sudi 
cases  is  only  to  consider  what  eflfect  this  may 
have  amongst  the  [)eople:  And  therefore  the 
acts  of  parliament  that  were  to  guard  against 
the  misconstruing  of  his  majesty's  government, 
do  not  only  speak  of  what  was  designed,  but 
where  a  disliking  may  be  caused ;  and  so 
judgeth  nb  effect u  :  Ajid  conseouentially  to 
the  same  emergent  reason,  it  makes  all  things 
tending  to  the  raising  of  dislike  to  be  punish- 
able bv  the  Act  00.  Pari.  6,  Queen  Mary;  and 
the  9th  Act  Pail  20,  James  6.  So  that  the  Uw 
designed  to  deter  all  men  by  these  indefinite 
and  comprehensive  exprc^inns :  And  both  in 
this  Hiid  all  the  laws  of  leasing  making,  the 
judges  arc  to  consider  what  falls  under  these 
geiirral  and  comprehensive  words ;  nor  could 
the  law  be  more  8f»ecial  here,  since  the  makers 
of  reproach  and  slander  are  so  various  that  they 
could  not  l)e  bound  up  or  exprest  in  any  law : 
But  as  it  evidently  appears,  that  no  man  can 
hear  the  wonls  expressed,  if  he  believe  this  mi- 
per,  but  he  must  think,  the  parliament  has 
inaile  a  ver}'  ridiculous  oath,  inconsistent  with 
itsvM  and  the  protestant  religion,  the  words 
allDwing  no  other  sense,  and  liaving  that  natu- 
ral tendency  ;  even  as  it'  a  man  would  say,  I 
Im-e  such  a'  man  only  in  so  far  as  he  is  an 
honest  man,  he  behoved  certainly  to  conclude 
that  the  man  was  not  ever}'  way  "honest ;  so  if 
your  lordships  will  take  measures  by  other 
parliaments,  or  your  prede<^essors,  yo  will 
clearly  see,  that  they  tliuught  less  than  this  a 
defaming  of  the  government,  and  misc<iiistru- 
ing  his  majesty 's  pniceetlingK.  For  in  Ihilma- 
riiio'K  Case  the  justices  find  an  humble  suppli- 
catidii  iiiade  to  the  king  himself  to  fall  under 
theM:  acts  now  cited.  A i licit,  as  that  wan  a 
supplication,  so  it  contained  tlio  greatest  ex- 
pressions uf  loyalty,  and  oflors  oi*  lit'u  and  for- 
tune that  could  be  exprest;   yet  because  it 


pGcutetothe  private peraoDS  llieretn (lebgned, 
tLtm  Ibat  the  words  amv  iaa%Uid  on  cnn  be 
capable  of  nn^  gucb  JDterprelatini).  And  if 
either  interpretatious,  upon  pretext  nf  exonering 
of  cODBcieQcc,  or  olhenviac  be  alloncd.  a  man 
pmy  easily  defame  as  much  as  he  plesse^ ; 
And  have  vre  t^l  seen  the  kinf(  moKt  detained 
by  covenants  entered  iuto  upon  pretence  to 
Biake  him  great  and  f  Inriouii  hy  reioonslranceA 
made  to  take  away  hu  broilicr  and  best  (Viend, 
upon  proleace  of  preserving  Ihe  pmlrstanl  reli* 
gtOD,  and  his  sacred  person  ?  And  did  not  all 
who  rebelled agsinstliim  in  the la>.tage  declare, 
thai  tiiey  tliougitt  themselves  bound  in  duly  to 
obev  him,  but  still  as  far  as  that  eoiild  consist 
wit  El  llieir  respect  to  the  prulestant  religion, 
•nd  Ihe  laws  and  liberties,  which  roiulealTthe 
re^t  ioelTectuati'  And  nfaereas  it  is  prelendnt, 
that  by  tlie«e  nordi,  ■  I  lake  the  same  iu  as  lar 
'  as  it  isconsistent  nithilself  tuidthe  prulesttmt 
'  religion,'  ootkiug  more  is  mesnt,  but  that  he 
takes  it  as  a  due  protestant:  Ilia  majesty's 
kdvocate  appeals  to  your  lonlsbips,  and  all  Uie 
Ibearen,  if  upon  hearing  litis  expresraon  tbcv 
abould  take  it  in  tliia  aeo&e,  and  not  nther  think 
that  there  is  an  tncansistency.  For  if  diat 
werepoBHU))e  to  be  thesen^o,  what  need  he  say 
ktall.'aslarasit  bconsislentivitbitself?'  Nor 
had  the  other  port,  '  as  far  ns  it  is  consistent 
'  with  the  proteatant  religion,'  bi«n  neoesaary. 
For  it  is  either  cunNistent  with  the  protestaiit 
(cUgion,  or  otherwise  they  were  raemies  to  the 
TOteslant  reUgion,  that  piadc  it.  Nor  are  any 
iirjicra  or  otbeTK  la  danger,  by  pleading  o"r 
writinjf:  For  these  are  very  ditferent  Jrom, 
uul  may  be  very  cosily  nleadwl  ti'ithout  de 
faming  a  law,  and  au  oath,  when  (hey  go  In 
But  if  any  lawyer  should  aay,  in 
iding  or  writing,  that  the  Test  was  iiveunsist- 
or,  » tiidi  is  dill  one,  that  it  were  not  to  be 
n  by  any  man,  but  so  tar  as  it  was  coa- 


foDuw  Uie  exantpI^^^nuwlS 
by  pretend  tills  as  Sd  excaae  to 
was  never  a  formal  ihricooe  igs 
was  ever  the  chief  of  the  ullen^ 
on  tbul  head.  And  it  is  to  be  i 
the  laui  of  Argyle  would  raihi<r 
albert,  than  thai  he  wottbl  fbllo' 
But  bis  mqesty'sadvoeat*  docs 
clinu  to  delwte  a  point  that  mn  i 
slant  and  standing  aM  ot'  parlUi 
Ing  upon  retx>rd  a  nwiawy  ol 
iirwed.  Nor  were  this  retennt, 
(m  said,  the  eouasel  had  nlbwwl 
tiouB  which  reflected  upuu  the  ki 
vernracnl:  For  the  writing  am 
bivanci-,  but  a  cnndcmDUig: 
council  allow  any  niore  than  th 
and  though  It  may  juatly  be  d 
council  beard  even  the  eu'!'*  ow 
vet  tile  hearing  or  allowing  liim 
levunt  plea,  btvause  tbey  mig' 
have  taken  «  fine  lo  consiilw  ■ 
fit  la  accuse  upnii  Ihnl  head-  . 
juNl  and  tit  fortbceoundl  tu  U 
by  (Mcprcss  acta  uf  porliiuucnl 
oi  the  kite's  uflicerK  diicH  iiul  bi 
if  this  were  sllowcil,  Ending  iiir 
cil  might  commit  whut  (-rintii  t 
the  ooundl,  whii'U  <  >  n.iinlj 

council  hod  i\'J>\--  '■ 
cer  of  state  iniu'i 
day.     Ah  to  the  i';- 

sou,  and  others,  ii  l^  ■  >.  ■ 

principles  of  thuti.u  n.i..i  ..^ii..- 
thnsr  of  the  iesiiiU.  mxl  b.:t)i  .In 
liul   I 


dux  diriue ever  uUuHt.'d, 
tu  swear  wilttuut  Miy 
as  be  is  bound  to  IuiU>i 
earl  is  not,  lar  Ibe 


;  STATE  nUALS^  33  Charles  H.  iGSi^^fir  Bigh  TVenm. 


s 


be  unlawful,  notwith- 

if  then  additioiis:  For  be  that  re- 

the  goieral  power  of*  making'  any  al- 

mfcriiorij  reserve  power  to  make 

^  Jboogh  never  no  fiindainfmal. 

^^■■tinhn arc  iBdwled in  tbe general : 
*Um«  Mgf  b«  mid  agaiml  tlie  particu- 


I  he  thinks  it  for  the  advantage  of  church  j 
late:  Which  sense  is  a  thousand  times 
I  doubtful  than  the  Test,  and  as  in  effect 
in^  but  what  the  taker  pleases  himself. 
I  to  the  treason  founded  on,  his  majesty's 
cate  foiuida  it  first,  upon  tlie  fundamental 
common  laws  of  tnis  and  ail  nations, 
«by  it  is  treason  for  any  man  to  make  any 
■tioa  he  shall  think  for  the  advantage  of 
chorst^te:  Which  he  hopes  i«  a  princi- 
cannot  be  denied  in  the  general.  And 
vas  it  is  pretended,  that  this  cannot  be  un- 
aod  of  mean  alterations,  and  of  alterations 
i  made  in  a  lawful  way :  It  is  answered, 
as  the  thing  itself  is  treason,  so  this  trea- 
I  not  taken  off  by  any  of  these  qualiiica- 
\ ;  because  he  declares,  he  will  wish  and 
nvoor  any  alteration  he  thinks  fit :  And  any 
Hion  comprehends  all  alterations  that  he  ' 
ks  fit :  *  nam  propositio  indefinita  epquipol- 
niveisali.'  And  tbe  word'  an^'  is  general 
I  own  nature,  and  is  in  pkiin  terms  a  re- 
Bg  to  himself  to  make  alterations,  both 
land  small.  And  the  restriction  is  not, 
kvations  that  the  king  shall  think  fit,  or 
Boosistent  with  the  laws  and  acts  of  parJia- 
t:  but  he  ts  still  to  be  judge  of  this,  and  his 
ihy  is  to  be  the  standard.  Nor  did  the  co- 
■ms  in  the  last  age,  nor  do  these  who  are 
r  executed,  decline  that  they  are  bound 
NT  tlie  Idnff  simply,  but  only  that  thev  are 
M  to  obey  nim  nu  othenvise  than  as  far  as 
ODmnMUDOs  are  consistent  with  tbe  law  of 
I,  of  nature,  and  of  this  kingdom,  and  with 
esfenant:  And  their  treason  lies  in  this. 
Ivhen  it  is  asked  them,  who  shell  be  judge 
Ui,  they  still  make  themselves  judges.  And 
Rtton  of  all  treason  being,  that  the  go- 
Meat  is  not  secure,  it  is  desired  to  he 
•n,  what  way  the  government  can  be  se- 
|d  after  this  paper,  since  the  earl  is  still 
fi  how  fiu"  be  is  obliged,  and  what  is  his  loy- 
U  And  if  this  had  Men  sufficient,  the  co- 
lli had  been  a  very  excellent  paper  :  For 
f  Me  there  bound  to  endeavour,  in  their  se- 
llMions,  to  defend  the  king's  person :  But 
■  the  king  challenged  them,  how  they 
>itt  make  war  against  him  ?  their  great re- 
^  waS|  that  they  were  themselves  still 
|Bi  u  to  that.  And  for  illustrating  this 
I*,  the  Lords  of  justiciary  are  desired  to 
^do*,  miid  Jurisy  if  the  carl,  or  any  man 
^  wild  have  reserved  to  himself  m  this 
^^Hbsrty  to  rise  in  arms,  or  to  oppose  the 
^Mceession,  though  he  had  adde<l  in  a 
M  ■iMifi  :^  For  tlie  thing  being  in  itself 
2*hlfl  this  is  but  sham,  and  *  Protestatio 
ys  faclo.'  And  if  these  be  unlawful, 
^^wandbig  of  such  additions,  so  much 
^JMI  this  general  reservation,  of  making 


E930 

lars,  may  much  morestrongly  be  said  against 
the  general. 

The  130th  act,  par.  8.  James  6.  is  expresly. 
founded  on,  because  nothing  can  he  s  greater 
diminution  of  the  power  of  the  parliament^ 
than  to  introduce  a  way  or  mean  whereby  all 
tlieir  acts  and  oaths  shall  be  made  insignifi- 
cant and  inefTectual,  as  this  paper  does  nuke 
them,  for  the  reasons  represented.  Nor  are 
any  of  the  estates  of  parliament  secure  at  this 
rate,  but  that  they  who  reserved  a  general 
power  to  make  all  alterations,  may,  under  tliat 
general,  come  to  alter  any  of  them. 

What  can  be  a  greater  impugning  of  the 
dignity  and  authority  of  parliaments,  than  to 
sa)^,  that  the  parliament  has  made  acts  for  the 
security  of  the  kingdom,  which  are  in  tliem- 
sclvca  ridiculous,  inconsistent  with  themselves 
and  the  protestaht  religion  T 

And  as  to  what  is  answered  agfainst  invading 
the  king's  prerogative,  and  thfe  legislative 
power  in  parliaments,  in  adding»]^rt  to  an  oath 
or  act,  is  not  relevantly  inferred,  since  the  sensp 
of  these  words,  *  and  this  I  understand  as  » 

*  part  of  my  oath,'  is  not  to  be  understood  as 
if  any  thing  were  to  be  added  to  the  law,  but 
only  to  the  oath,  and  to  be  an  interpretation  of 
the  oath.  It  is  replied,  that  af%er  this  no  man 
needs  to  aild  a  caution  to  the  oath  in  parliament., 
But  when  he  comes  to  take  the  oatli,  do  the 
parliament  what  they  please,  he  wiU  add  his 
own  part.  Nor  can  this  part  be  looked  upon  as 
a  sense :  for  if  this  were  the  sense  before  this 
paper,  he  needed  not  understand  it  as  a  part  of 
it,  for  it  wanted  not  that  part.  And  in  general,, 
as  every  man  may  add  his  own  part,  so  the 
king  can  he  secure  of  no  part.  But  your  lord- 
ships of  justiciary  are  desired  to  consider,  how 
dangerous  it  would  he  in  this  kingdom,  and 
how  ill  it  would  sound  in  any  other  kingdom, 
that  men  should  be  allowed  to  resenc  to  them- 
selves libcrtv  to  make  any  alteration  they  thought 
fit  in  church  or  state,  as  to  the  legality  of  which 
tliey  were  themselves  to  be  judges :  and  how 
far,  from  degree  to  degree,  this  at  last  may  come 
to  absolute  auarchy,  and  how  scandalous  a  tiling 
as  well  as  unf^ccure,  this  new  way  may  look 
in  an  aee  wherein  we  are  too  mucn  tracmg  the 
steps  01  our  rebellious  progenitors  in  the  last, 
whose  gproat  deieirtion  and  error  was,  that  they 
thought  themselves,  and  not  the  king,  the  au- 
thors of  reformation  in  church  and  state.  And 
no  man  ever  was  barred  by  that,  that  the  way 
he  was  upon  was  not  a  lawful  way :  for  if  it  M 
allowed  to  every  man  to  take  his  own  w'ay, 
every  man  wiU  think  his  own  way  to  be  the 
lawtul  way. 

As  to  the  peijury,  it  is  founded  onlhis,  firslp 
That  perjury  may  be  committed,  not  only  by 
breakmg  an  oath,  but  c\'eu  in  the  swearing  of  it, 
viz.  to  s^vear  it  with  such  evasions  as  make 
the  oath  ineffectual :  for  which  Sanderson  is 
cited,  png.  138.   *  Alteruui   perjuiii  gi*nuH  esl- 

*  novo  allquo  excogitato  commeiito  jurameiiti 
^  vim  dechnare,  aut  elude  re,  etjurans  timetiur 

*  sub  |Kena  perjurii  implerc  secundem  inten- 

*  tionem  dderaitis  j'    both  which  are  here. 


$51]    STATE  TRIALS,  53  Charles  H.  x6Sl.— Trial  of  thi 


For  the  earl  liciiie  bound  by  llie  Ttry  nath,  to 
■wenr  in  llm  (feimiiie  riiEaiiinif,  nilhoiit  any 
erosion,  be  has  Kwom  so  s*.  he  has  CTadeJ  eTCry 
mn\,  llieri'  bebg  nut  one  word  ID  whieb  it  itui 
be  Ksift  pnrticiilarly  be  is  bontiil,  ni  is  raid.  Ami 
it  la  undeniable,  thai  hp  has  not  swom  in  the 
MniKAf  Uie  makera  oftlie  ]aw,l>ut  in  iihi  own 
sense,  nhicb  is  perjury,  as  ib  said.  And  con- 
Mqii«ntiatly,  whalercr  sense  may  be  allowed  in 
«mbi^iiius  eases,  vet  there  can  be  none  where 
the  paper  clearly  nears  generals :  and  where 
he  declares,  that  he  takes  it  in  bis  ohd  Bcnsc, 
his  majestv'a  ailvocaie  declares,  he  will  not 
kunleii  himselli  that  vni>Wii  were  dfapersl, 
th'nigli  it  ia  certain,  since  the  «crj  paper  itself 
kv  the^'ivingin  is  chargeable  w^thallthatis 
abo*e  I'burgeil  upon  it. 
Sirjiihn  Dairy mple's  Defence   and  Plea  for 

iJie  Earl  of  Ariryle,  by  way  ufKeidy  upon 

the  King 'a  Adrocatu. 
Sir  John  Da!!yiiiple  replies  for  the  pannel, 
That  since  the  solid  grounds  of  law  adduced 
in  the  defences  have  receiTe<l  no  particular 
ansHers,  in  relation  to  the  rummon  consent  of 
all  casuists,  viz.  That  a  party  who  takes  an 
oath  is  bound   in  conscience  tn  cleur  and  |iro- 

SQse  tlie  terms  and  sense  in  which  he  does  un- 
ersland  the  oath  :  nor  in  relation  to  lire  several 
guilds  adduced  concemin)^  the  legal  and  ra- 
tional interpretation  of  dubious  daiises.  And 
•ince  these  have  received  no  answers,  the 
grounds  are  not  to  be  retieated  :  but  the  jiroc- 
lors  tor  the  pannel  do  RLrlher  insist  on  these 
defencus. 

It  is  not  alledg-ed,  that  any  explanation  was 
given  in  by  the  paunelto  any  peri^on,  orany 
copy  spread,  before  the  pannel  diil  take  the  Test 
in  council :  so  that  it  cannot  be  pi-ct<'nded,  that 
liie  many  scruples  that  hare  been  moved  con- 
cerning the  test,  did  arise  from  tlie  pannel's 
explication ;  but  on  the  contrary,  all  the  ob- 
jections that  are  answereil,  and  obviated  in  the 
panncVs  explication,  were  not  only  privately 
muttered,  or  were  the  thoughts  of  single  or  il- 
literate persons,  but  thsy  were  the  difficulties 
proposed  by  synods  and  ]iresbyterie»,long  bclbre 
the  pannel  came  trnm  home,  or  was  required  to 
lake  the  te^:  so  that  the  general  terms  of  the 
sctsof  parlianient  founded  upon  in  the  libel  arc 
not  applicable  to  this  case;  fur  as  these  Ibivn, 
in  relation  to  leasing- makPts,  are  only  relatite 
U>  atrocious  wilRit  insinuations,  or  misconslruc- 


tioDs,  uf  his  Tn^e&tj's  person  or  gorernment,  n 
the  open  depraving  of*  his  laws,  so  the  re 
BtrictiVe  clause,  whereby  sedition  or  rniscon- 
■•tructions  may  be  moved,  raised,  or  engendered 
betwixt  his  majesty  and  his  Icigcs,  mnnot  he 
appUedln  this  case,  where  all  these  apprehen- 
sions and  scruples  were  on  fool,  and  agitated 


ffbelbr 


Asit  cannot 

9  raisvd  by  the  iianncl's  rxplsnaliun,  a 

'"■   "lycfftrcd  to  be  proved,  that  there 

d  contained  in  this  expli 

cilhertliese  individual  words,  or  mvicn  worse, 

bad  been  puMicly  |)ropa*ed,  and  verbatiia  read 


positively  of 


wdii'it 


1,  but  I  hat 


in  council,  nithout  llie  least  disct 
or  the  least  objection  made  by  any 
tlie  coimcil.  And  where  a  ivriting, 
read  in  so  high  a  wiort,  was  nnivEn 
upon,  without  the  alteration  ofa  R; 
can  it  be  pretended,  that  any  pet«i 
aslng  the  said  individual  tertiM  iir 


:,  that 


incur  the  high  and  infamous  c 
and  the  question  is  not  here,  wlicifai 
cilwas  a  properjndicaturelohaic  j 
imposed  a  sense,  or  allowed  any  cv 
the  Test  to  be  jinblislied;  but  tliat  i 
that  a  sense  thej-  allowed,  or  bci 
read  bclbre  ihem,  and  which  the  V 
cate  did  not  contmul,  that  ihtii  *b 
treason,  or  any  rriuie  ;  and  thoug 
nel'H  advocate  nill  not  pursue  or 
reply  that  has  been  made  to  tbis  poi 
tainly  no  man  of  s(Aerseiu«  will  tl 
is  lit  to  insinuate,  that  so  higii  ■ 
niit^hl  have  aulhorised  or  ocqaicK 
explanations  n.i  the  leiges  tfaerealfa 
entrapped  to  have  use£ 

If  the  puinel  bad  officiotuly  or  u 
offered  a  sense  or  explanation  of  hi 
laws,  which  the  laws  themitelves  coi 
borne,  it  might juslty  bate  been  aJ 
be  was  extra  ordioem,  attd  meddlin 
ter  l>e  was  not  concerned  in,  bin 
ad  of  council  did  enjoin,  and  Ue  w 
and  dt«d  to  thai  eflect,  it  could  odl 
structed  as  ostentation,  or  to  move  n 
acniples,  or  resistance,  but  it  was 
necessaiy,  either  for  to  liave  refused 
have  declared  nhat  he  thi 


thetr 


uiingofit. 
,  pu1.li.ly 


being  so  many  nhjectinns  pulilii'ly 
known,  bis  explanation  was  nothini 
clear,  that  be  did  not  look  upon  thi 
and  otijections,  moved  by  otlien 
foundcfland  rational  in  themselves ; 
fore  he  was  a^le  to  take  the  Test  ii 
the  onimcil  hail  heard  or  allowe 
is  not  controverted,  that  the  »e 
legislator,  is  the  genuine  senu 
laws  and  oaths  ;  anifif  a  person  wi 
terpreting  the  meaning  of  dtlier 
oalh  imposed,  he  should  deprave 
struct  the  law  and  oath,  ifhe  ren^ 
lin),'1y  and  willin^yln  lerms  in<nn 
llie  nieuning  of  llie  im|)oser :  but 
great  diltcreuce  betwixt  taking  of  oa 
terpreting  oaths  ;  for  when  a  i 
to  take  an  oath,  except  bi«  pnrticnl 
agree  with  the  genuine  meaning  oft 
hecannotloke  that  oath,  though  fa 
well  interpret  and  declare  what  is 
the  tt^isklDr,  which  he  ina«  kooi 
perhaps  uot  be  abh>  to  take  the  oalt 
Anil  therefore  when  there  is  an] 
ness  in  an  oath,  and  a  party  is  bow 
ifthcu  he  gtvesinancxplicatioaa 
which  he  in  his  private  juilgnKal  <l 
hnnil  lobe  the  genuine  meuiiw,! 
vale  senna  be   discnnlbrm  ,to  £■ 


STATE  TRIALS,  33  Charles  II.  i6si.—for  High  Treaton. 


[934 


,  or  be  that  has  power  to   oflTer  it  to  the 

he  consitler  the  |»arty's  sense  discon- 
f  oui^ht  to  reject  the  oath,  as  not  t'uU 
le  intent  of  the  law  imposing'  it. 
is  iiniioi»ihte  to  state  that  as  a  crime, 
irty  should  neither  believe  what  is  pro- 
tlie  oath,  nor  be  able  to  take  it ;  and 
un  no  farther  hazard,  but  i\w  penalty 

upon  the  refuser.  And  therefore  in 
there  must  be  a  concourse  lioth  of  the 
powd  by  authority,  and  of  the  private 
Jdjj^nent,  or  conscience  of  the  party, 
reiure  if  a  party  should  take  an  oath  m 
e  pro|)oseil  by  authority  contrary  to 
sense,  he  were  perjured  :  hereby  it  is 
hat  the  sense  of  auUiority  is  not  sutfi- 
thoutthe  acoiiiescence  and  consent  of  the 
person.  And  therefore  it  is  verv  strange 
at  part  of  the  pannei's  explanation 
le  challen|i|ped,  that  he  takes  it  in  his  own 
le  posterior  words  makin<^  it  as  plain  as 
t,  that  that  sense  of  his  own  is  n(»t  what 
es  to  make  of  the  oath,  for  it  bears  ex- 
tliat  no 'body  can  explain  it  but  for  him- 
reconcile  it  as  it  is  t^muiue,  and  agrees 
i^n  sense  :  so  that  there  must  l)e  a  re- 
ion  bet\«ixt  his  own  sense  and  the  ge- 
nse,  which  upon  all  hands  is  acknow- 
to  })e  the  sense  of  authority.  And  if 
lel  had  been  of  these  lax  and  debauched 
»,  that  he  might  have  evaded  the 
:  anti  energy  of  the  oatli,  by  imposing 

what  sense  he  pleased,  certainly  be 
a?e  contented  himself  in  the  general 
f  equivocation,  or  mental  reservation, 
would  never  have  ezposcni  his  sense  to 
*ki,  in  which  he  took  this  oath,  whereby 
me  absolutely  fixed  and  determined  to 
,  in  thiit  |>articular  sense,  and  so  had  no 
of  shufllmg  off  the  enerify  or  obliga- 
the  oath  :  and  it  is  likewise  acknow- 
diat  tlie  cases  alledgd  in  the  reply  are 
z.  that  the  person  is  guilty  of  uerjury, 
lo  novo  commento'  he  would  eiuile  his 
*  who  doth  not  fulfil  the  oath  in  the 
['the  imposer.  But  that  does  not  con- 
B  case  :  for  in  the  foresaid  citation,  a 
attcr  he  has  taken  an  oath,  finding  out 
e.i  conceit  to  elude  it,  he  is  perjured  : 
lis  case,  the  pannel  4id  at  and  before 
ig  the  Test,  <leclare  the  temis,  in  which 
tvtood  it ;  so  that  this  was  nut  ^  nov(» 
MDmcnto'  to  elude  it.  And  the  other 
here  a  party  takes  it  in  the  sense  of 
y,  but  has  s'>me  sul»teriii&::e,  or  conceal- 
natioii,  it  is  ackiiowledgLHi  to  he  p<fijury . 
this  case  there  was  no  conctmled  ex- 
D ;  but  it  was  publicly  express4'<l,  and  an 
lioD  gi^en,  which  the  pannel  di'signed, 
lentood  as  the  meanin*;  of  authority, 

ground  to  believe  he  was  not  mistaken 
pon  that  ex|i)anation  he  was  received 
wed  to  nt  aiift  vote  in  council. 
W  |o  that  part  of  the  reply,  that  ex- 
he  tmsoD  there  can  be  no  treason  in 
■rl^i  cane,  because  tlie  exuress  act  of 
W$  fnltodf^  up^Oy  dotU  ruRte  ouly  to 


the  constitution  of  the  parliament :  and  I  am 
sure  his  majesty^s  advocate  cannot  subsume 
in  these  terms  :  and  therefore  in  the  reply  he 
rocurs  to  the  general  grounds  of  the  luw,  that 
the  nsurping  of  his  majesty's  authoritv,  in 
niaking  a  part  of  the  law,  and  to  make  altera- 
tions in  genei-al,  and  without  the  king,  are  high 
and  treasonable  wonis  or  designs,  and  such  as 
the  party  j^deases,  and  such  designs  as  have 
been  pniclised  in  the  late  t>nies.  And  that  even 
the  adjection  of  fair  and  safe  words,  as  in  the 
covenant,  does  not  secure  trrim  treasonable  de- 
signs ;  and  that  it  was  so  found  in  Ualmerino'g 
case,  though  it  bear  a  fair  narrative  of  an 
humble  supplication. 

It  is  re|ilied,  that  the  usurpation  of  making 
of  laws  IS  undoubtedly  treasonable,  but  no 
such  thing  can  be  pretended  or  subsumed  in 
this  case :  tor  albeit  the  |mnnel  declares  his 
explanation  to  be  a  |»art  of  his  oath,  yet  he 
never  meaned  to  impose  it  as  a  part  of  the  law, 
or  that  this  explanation  should  be  a  thing  dis- 
tinct, or  a  separate  part  e\'en  of  his  oatn,  for 
his  explanation  being  exegetic  of  the  several 
parts  of  the  oath,  it  is  no  distinct  thing  from 
the  oath,  but  declared  to  be  a  part  of  the  oatK 
de  natura  rei.  And  it  was  never  pretended » 
that  he  that  alledged  any  thing  to  be  de  7ia- 
turu  rei,  did  say,  Uiat  that  was  distinct  and  se- 
parate, which  were  a  contradiction.  And 
therefore  the  argument  is  retorted,  the  pannel 
having  declared,  this  explanation  was,  de  na^ 
tura  rei^  implied  in  the  oath,  he  necessarily 
made  this  explanation  no  addition  or  exteiition 
of  the  oath.  80  that  for  all  this  explanation, 
the  oath  is  neither  broader  nor  longer  than  it 
was. 

.  And  as  to  these  words,  *  I  do  not  mean  to 
'  bind  up  myself  in  my  station,  and  in  a  lawful 
*'  way  to  wish  and  endeavour  any  alteration  1 
*'  think  to  the  advantage  of  cluirch  or  ^tate, 
'  not  repugnant  to  the  Pnitestant  Heligion, 
'  and  my  loyalty.'  It  is  a  strange  thing  how 
tliis  clause  can  he  dra^iii  in  question,  as  trea- 
j  sonable,  when  it  may  with  Utter  reason  be  al- 
I  Icflged,  that  thcnre  is  no  good  subject  but  is 
iMuiid  to  say  it.  And  allieit  the  wonls  to  '  en- 
deavour in  my  station  ;'  be  words  contained  in 
the  covenant,yet  thai  is  no  reason  why  two  words 
in  the  covenant  may  not  l)e  made  use  of  in 
another  very  goiMl  and  loyal  st*nse.  An<l  tliero 
is  no  man  that  shall  have  the  honour  either  to 
be  entrusted  by  his  majesty  in  his  council,  or 
!  any  other  judicrature,  or  to  be  a  member  of 
parliament,  but  he  is  bound  by  his  loyahy  to 
say  the  same  thing.  And  there  was  never  a 
clause  more  cautiously  exprest ;  for  the  words 
run,  *■  to  endeavour  any  alteration  I  shall  think 
*"  to  the  advanturre  of  church  and  state.'  And 
though  that  was  siitiicietit,  v  et  the  clause  is  so 
cautiously  conceived,  that  it  conUiins  another 
n^striction,  '  not  repugnant  to  relit^ion  and  his 
*'  loyalty.'  Sot  hit  except  it  couhl  lie  alledged, 
that  a  man  by  kiwlul  means,  to  ilic  advautago 
of  church  and  stiite,  consistent  with  his  religion 
and  loyalty,  could  make  treasonable  alterations, 
sad  ittvanons  upon  the  govunuieiit  and  mo- 


935]    STATE  TRIALS,  53  Charles  II.  l681«— Tris/o/lk  EarlifAraU,  \SA 

parchy,  wbich  are  ike  highest  contradLctioos  | 
imaginable,  there  can  k>c  uotliing  against  the  i 
pannel.  Ami  albeit  the  chiuse,  *  any  alteratious,' 
might,  without  tlie  restrictiona  and  qualifica- 
tioos  foresaid,  be  ^nerally  extended,  yet  the 
preceding  words  of  <  lawful  way,'  and  tiie  ra- 
tional interpretation  of  the  emission  of  words, 
eapecially  Iwfore  a  solemn  judicatory,  leaves 
m>  place  or  shadow  to  doubt,  that  these  alter- 
•tionfl.were  no  fundamental  or  treasonable  al- 
terations, but  sudi  as  tlie  frailty  of  human 
.  affidrs   and  constitutions,  and  vicissitude  of 
things  and  circumstances,  do  constantly  require 
in  the  most  exact  constitutions  under  *Heaven. 
And  the  clause  does  not  so  much  as  import, 
that  there  is  a  present  necessity  of  alteration, 
bat  it  was  a  necessary  and  rational  prospect, 
that  albeit  at  present  all  things  under  Heaven 
had  been  done  to  secure  the  religion  and  go- 
.  Ternment,  yet  there  might  occur  cases  that 
would  require  new  helps,  alterations,  and  re- 
ipedies.    And  it  is  not  pretended  in  this  case 
for  thepanncl,  that  he  desires  to  alleviate,  or  I 
take  pflT words  truly  treasonalde,  or  having  an  \ 
ill  design,  hv  the  niixing  of  fair  and  safe,  du- 
tiful and  subniisaive  expressions,  which  indeed 
are  ^rotesiations  contraria  facto.    For  there  is> 
uothmg  in  his  explanation,  thr.t  either  in  his  • 
design,  or  in  the  words  themselves,  bchig  ra- 
tionally and  naturally  intei'pretrd,  can  infer 
the  crimes  libelletl,  or  any  of  them.     And  the 
panncl's  known  principles  and  knowu  prac- 
tices, do  not  onlv  dear  that  lo^^It^^  that  ho  has 
protest  bcfrirc  tlie  l<«rils  «>f  juMiciRry,  and  in- 
structed   by    untjiu.-tiniahlc    <l(icununt^,    hvit  ! 
they  put  Itini   far  rn»iM  the  sjispicion  of  thv^r  ] 
daiinmble  piiiiciplis   n-lau  J   in    the  nply,   otl 
which  iliu  wholf  tviut  of  his  lill:  hutli  IhJii  ,in  \ 
entire  e\i<!L'nt'L'  ot'liiy  alilicrnnry  and  detes- 
tation.    And  in   the  last  plato,  It  i-^   thought 
strange,  why  ihutsliouM  hv.  n'pvrsmtrd  as  an  . 
affront  or  d-Nfirutt-  to  tht  p^vcrfjniL'nt,  that  tlie  j 
parliam«n»nijj  '^ctl  a 'J'i'si  v.  hl<h  the  pannel' 
IS  not  able  to  tui.c  simplv.     Ami  it  is  not  pre-  ; 
tenilr(l,tl):J  luli.iih  «!< .;  ii..' .1,  v  liitt  ii  tir  siioken  ! 
ag";iinst  thf  TcmI  it>«.If'.   v.v  i«  ;•  \\\i-  ineonxiii-; 
em*c  of  it;  but  onlv    th»i    Ir     huh    noi  bteu  . 
able  to  sifrllu  m'lOil :; round  upon  whirhit  inav  ; 
besiniplv  t:iki.ii.     And  tlils  %\crt  to  concli'inM  . 
him  tor  \vuni  ofwiohtor  sen^f,  ivhm   the  Ian 
hofh  punishnlno  nun  Ww  notlakiiijr  the  Ti-sf, 
but  onlv  turiK d   him   out  of  thi*  •:<>vo:niii»  i;t.  ' 
And  It  IS  as  >trani;(;  an  inli:n".( , ,  thai  hr  .a"*.-' 
the  panni-1  dvchins,  h»'  Ulicvi-N  the  parlii.  aunt  ' 
nu'an<'<l  no  eontr:Mii4'tioM,  and  would   X.^\^v.  \\\-'  ' 
Tist,  iii  as  lar  as  it  is  con jist<^nt,  that  thtn-foro 
he   ^aid,  thi>    |ia:-liamont    inijioscd   i-outraiiic- 
l:<His  :  \vhi<;!  i-  s'.far  from  a  rational  'niliuii'iu, 
tliatthi'  <''^;iJj:Miii-»ion  ot'  tiic.N**   sul>sufn]»tions, 
in    m\\   c«  I'i;!  uitv    of  l.m^-ua^^c   and   srns*;,   is  ' 
iiiT«'N>:ml\  t;ur'     .^n•l  ihi-n'toiv  ihc  hift  part  j 
of  that  ciauji .  *  mis'i  far  as  ;i  i  •  fonsi^lcni,'  i->a  ' 
r.oii>>t'«^u«;i.r:.'  i.ifiiuil  upon  x\w  loruu  r,  uz.  1 
Mu'Tr  li»r  parhjii  I  Ml  Ui::»:irn(!l  to  in)|M>Me  iM» 
contrHchCi-cMs  :   Ivyo.  1  tak«.'  ih*-  'IV-ist  as  eon- 
sistent,  and  in  s«>  l.ir  ai  n  inij.vt  1)4 ^  ronsistent, 
if  the  parliaiucut  (b'l  not  impose  contiaidictiuus, 


as  certainly  they  have  not ;  and  to 
the  world,  that  m  this  aeiiae  tbia  ocpli 
receivable,  it  was  proposed  in  ciHnal,  and  i^ 
lowed,  and  theretbre  without  the  highot » 
flection  it  cannot  now  be  quaivdied. 

Sir  George  Lockhart's  Secobsd  Plea  Ar  Ac 
fiarlof  Argyle,  by  way  of  K^ly  ^i^ 
the  King's  Advocate. 

Sir  Geoi^  Lockhait  dopliea,  that  tfat  ^ 
feiitler  rc^ieats  and  oppones  lua  former  itfriflii^ 
which  are  no  wayawled,  nor  nliified  bjlb 
reply  made  by  his  mafeity'a  •dvoal&   M 
althuuffh  it  be  easy  for  the  king's  edfnl^ 
out  of  his  zeal,  to  pretend  and  argue  criMi  4  | 
the  highest  nature  upon  inferences  ind  a»  ; 
sequences,  neither  consitteut  with  thepiph  . 
design,  nor  with  lua  worda  and  aspMMil 
3^et  there  cannot  be  a  more  dan^iONras  fisnl^  . 
tion  laid,  for  the  security  and  mlotit  cf  ii  j 
government,  and  the  security  and  pfotsrtiwrf 
the  subieclB,  than  that  crimee  nooU  be  » 
fierred  but  from  clear,  evident,  and  oyni 
laws,  and  plain,  palpable  contraTention  of  Ihni  ' 
laws :  it  being  both  against  the  laws  sf  M  . 
and  man,  that  a  man  should  be  wmkt  m  ^  \ 
fender  ibr  a  word,  and  especially  ftr  a/m  ■ 
sions  which,  according  to  sense  and  iiin% 
aud  con^iidering  the  time  and  place  when  ihf 
were  spoken  by  the  pannel,  viz.  aa  a  VMnbi  ; 
of  his  mi^esly  's  piivy-onuncil,  and  in  pMMp  • 
of  his  royal  highncsa   and  the  menbOT  •  : 
ooimcil,  and  when  required  to  take  tlie  M 
wei-e  safe  and  iimocenc :  and  it  n'ere  agMi 
all  law  aud  ivason,  to  suppose  that  thr  paind 
viiher  did,  or  desi«*:ned  to  do  any  tliuii;  whkk 
may,  or  did  import  the  erimes  libcUed  ajpaa 
him.     An<l  vilu'vims  it  is  pretended,  thiit  da 
oath  rc(pii:xd  and  imposed   by  act  ofpadii- 
iitunt  wub  tor  the  sei*nritv  of  tiiegovemaicat; 
and  that  the  pannel,  by  liis  explication,  49tf 
evade  thu  o.nth,  by  taking  it  only  so  far  as  it  ii 
eon^istt'ut  i\itli  tiie  Protectant  Uelii*ioii,  ml 
his  own  lo\aIiy,  \%  hereof  he  was  judge.    Itii 
auswerctl,'that  the  pretence  is  most  unwtf* 
rantable,  atid  the  security  of  his  inajestv'f  ^ 
vtriMucnt  is   not   at  alt  endangered  (as  Of' 
i(»ri-id  i:  shouid)  though  the  paimel,  and  I 
ihousacd  miTO,  had  simply  refused  the  Test, <K 
Itad  rai^cn  it  in  a  sense  \iliich  does  uotnti^ 
ilic  law  ;  ii  bt'ing  eoiui>etent  to  public  authofi^ 
to  eoi,.>,!(!it\  uhethor  the  paimel's  oatli,  iutv 
u-i  oi-  t.f  ilie  explication  w  herein  he  did  lakel 
<!'.   -  >.:tisf\  the  act  of  parliament  or  not ;  lai 
if  iiou  tlii>r'.M-an  l»e  no  ratKinal  con!ie4ueiice  u^ 
ft:  rt  (I  tlu  reupon,  but  that  he  is  hoidenas  a  i** 
fiisi  r  of  the  oath,  and  liable  to  the  certifiratioi 
of  the  a't  of  parliament,  of  not  assuiuiiur»' 
eontinuiu;^  in  any  puldic  trust :  and  no  mfft 
was  intcndeil  or  designeil  by  the  act  of  jur* 
lianuMit  itself,  than  &trietl\  to  make  the  oatn  ■ 
tiu'  triio  and  {i^rnuine  sense  and   meaniagp 
the  parliament,   an  indispensable  qualitifiMi 
of  priisons  admitUMl  to  public  trust :  so  tbilt 
is  not  at  all  mati^rial  to  dispute,  whether  iht 
panneVN  explication  can  be  lo<»ked  UPon  ai  t 
fuU  sati^factlion  of  the  act,  whkh  wneChv  i 


Wl  STATE  TRIALS,  S3  Charles  II<  l(>81.-^or  Uigk  Trtattm.. 


[938 


rilovid  or  not,  it  can  import  no  crime  again^ 

luVy  it  not  being  consistent  with  »entie  and 

mfooV  that  a  person  who  absolutely  retusetb 

Ae  Test,  upon  the  scrupulosity  of  his  consci- 

Moe,  albeit  tie  be  o«»t  cu|»ab1e  of  ]>ublic  trust, 

idiould  be,  not^^'ithslanding*,  looked   upon  as 

gnihy  of  no  crime  :  and  yet  another  who  was 

viUiug  to  go  a  m'cater  length,  all>eit  he  did 

(femur  and  scruple  as  to  the  full  length,  that 

k  should  be  reputed  criminal  and  guilty  of  a 

cnme. 

II.  The  (mnnel  repeats,  and  conjoins  with 

Ais  the  trroiiiids  above-mentioned,  contained 

ID  his  defences,  viz.  Tlint  neither  the  crimes 

IIMIed,  nor  any  other  crime  were  e«'er  pre- 

louled  or  made    use  of  against  any  others, 

viw  did  spread  abroad  objections  of  an  high 

Btfure,  which  yet  were  so  favourably  looked 

opoo,  as  to   l»e    construed  only  to  proceed 

fim  acrupulosity  of  conscience,  as  also  the 

Mlisfaction  enileavoured,   is  in  such  terms, 

and  by  such  condescensions,  as  do  take  in 

nd  justify  the  whole  terms  of  the  ex]dication 

It  is  of  ^reat  moment,  and  whei«of  the  lords 
«f  hi^ciary  are  desired  to  take  special  notice, 
bon  for  clearing  the  absolute  innocence  of  the 
fHHtel's  meaning  and  intention,  and  to  take 
off  all  possible  misconstruction  that  can  be 
WMtled  or  detorted  from  tlie  tenor  and  cx- 
fRMOM  of  the  libelled  explication,  that  the 
piBiiei  was  put  to,  and  required  to  take  the 
OBtli,  before  the  lords  of  his  majesty  N  privy- 
SOUDcil  did  pass  and  pid>lish  their  prtVlamation 
tKphinine  the  oath,  and  declaring  the  genuine 
ieiiie  anifmeanuig  thereof,  namely,  that  it  did 
BOl  tie  to  tlie  wh^e  articles  of  the  Confession 
if  Faith,  ratified  by  act  of  parliament,  James 
89  and  which,  as  to  several  aitides  thereof,  had 
occaaioiied  the  scruples  ami  dilficulties,  and  nl- 
ladfiped  inconsisteucy  and  contradiction  betwixt 
llw  last  part  of  the  oath  and  the  said  confession, 
ind  betwixt  some  of  these  articles,  and  the 
Dorrent  of  the  Protestant  doctrine,  received  and 
iwntaincd  in  the  syntagmse  of  the  Protestant 
Mdeasions.  And  tlWrefore  if  the  pannel  at  that 
kiBie  did  think  fit,  for  the  clearing  and  exonera- 
iKm  of  his  own  conscience,  to  'use  the  expres- 
~^ma  in  the  explication  libelled,  and  yet  ^vith 
nrach  duty  and  confidence  of  the  parlia- 
■it*s  justice,  as  to  their  meaning  and  inten- 
liaii,  *■  that  the  parliament  never  intended  to  im- 
pQae<smtradictory  oaths  ;*  and  that  he  '  did  take 
^  it  flo  far  as  it  was  consistent  with  itself,  and  the 
'  Protestant  religion,'  not  knowing  then,  whe- 
Iher  the  whole  confession  was  to  be  reputed  a 
part  of  the  oath,  anil  doubting  thereanent ;  and 
wlndi  the  lords  of  bis  majesty's  privy-council 
uid  his  sacred  majesty  by  his  approbation 
nnce,  hare  thought  a  difficulty  or  so  mreat 
moment,  as  it  was  fit  to  clear'^the  same  uy  a 

Slic  proclamation ;  how  now  is  it  possible, 
:  any  judicatorjr  under  Heaven,  which  pro- 
ceeds upon  the  solid  grounds  of  law  and  reason, 
md  who  (it  cannot  be  doubted)  will  bare  a  just 
regard  to  the  intrinsic  principles  of  justice, 
IM  to  -all  men's  security,  that  they  can  aow 


believe  all,  or  any  of  the  crimes  libelled,  should 
be  in  the  least  inferred  from  all,  or  any  of  the 
expressions  contained  in  the  said  explication  ? 
But  that  on  the  contrary  it  was  a  warrantable 
allowance,  and  Christian  practict?,  condemned 
by  the  law  and  custom  of  no  nation,  that  having 
scruples  in  the  matter  of  an  oath  which  should 
be  taken  in  truth,  judgment,  and  rigIiteousnes$| 
and  upon  full  deliberation,  and  with  a  full  as- 
surance and  sincerity  of  mind,  thnt  he  did 
plainly,  oi»enly,  and  clearly  declare  the  sen^e 
in  which  tie  was  willing  to  take  it ;  and  if  au- 
thority did  allow  it  as  the  genuine  sense  of  the 
oath,  the  pannel  to  be  liolden  as  a  taker  of  the 
oath :  And  if  upon  fartlicr  consideration,  au- 
thority think  not,  that  hubetur  pro  rvcusante^ 
and  a  refuser  of  the  oath,  but  no  ways  to  be 
looked  upon  as  a  crimuial  or  guilty  person. 

And  the  pannel  repeats  and  conjtiins  with  this 
point  of  reply,  that^int  in  his  defence  where* 
oy  he  positively  ofiers  to  prove,  1.  That  his 
explication,  and  the  sense  wherein  he  took  tlte 
oath,  was  heard,  and  publicly  given  and  rc- 
cdve<l  in  council,  and  tlie  pannel  thereafter 
allowed  to  take  his  place,  and  sit  and  vote  in 
that  Sctlcrunt. 

The  pannel  also  offers  positively  to  prove, 
Tliat  the  tenor  and  terms  oi'  his  sense  and  ex- 
plication whei-ein  he  did  take  the  oath,  is  con- 
tained in  that  solid, learned,  and  pious  Vindica- 
tion, written  by  the  bishop  of  Edinburgh,  in 
answer  to  the  objections  ant)  alledged  inconsis- 
tencies and  contradictions  in  the  oath,  and 
which  Vindication  was  pubhcly  read  in  coimcil, 
and  so  far  approved,  that  it  was  allowed  to  be 
printe<l  and  published,  and  was  accordingly  dis- 
persed and  spread  abn>a<l.  And  it  is  not  f»f  the 
least  import,  that  the  proclamation  of  the  lords- 
of  privy-council,  although  he  does  only  allow 
the  same  to  be  taken  by  the  clergy,  yet  at  the 
same  time  they  e\])rrsslY  declare  tlie  genuine 
sense  and  meaning  of  the  parliament  not  to 
comprehend  tijc  whole  articles  of  the  Confes- 
sion, which  was  not  cleared  before  tlie  pannel*s 
taking  his  oath. 

And  whereas  it  is  pretended.  That  the  acts 
of  parliament  libelletl  upon,  against  leasing- 
makcrs,  depravers  of  his  majesty's  laws,  do 
obtain  and  take  place,  where- ever  tibcre  are  any 
words  or  expressions  that  have  a  tendency  in 
themselves,  or  by  a  natural  consequence,  and 
rational  infei'enccs,  to  reflect  upon  the  govern- 
ment, or  misconstrue  his  majesty's  proceed- 
ings ;  and  that  tlie  explication  libelletl  is  such, 
and  that  it  was  found  so  in  the  case  of  Bal- 
merino,  albeit  it  was  drawn  up  by  way  of 
humble  petition  and  address  to  his  majesty, 
and  witli  great  protestations  and  expressions  of 
loyalty.  It  is  answei«d,  the  acts  of  parlia* 
ment  *libelletl  upon  are  opponed,  and  the  43d 
act,  par.  8  James  6,  and  the  other  acts,  making 
the  depraving  of  his  majesty's  laws,  to  be 
crimes,  do  expressly  require,  that  speeches  so 
judged  be  perverse  and  licentious  speeches,  ex 
natura  sta  probrosa  and  reproachful,  and  spoke 
animo  dcfamandi^  and  which  could  not  receive 
any  othier  ratiomd  contraction,  which  cannot 


S39]    STATE  TRIALS,  33  Ch  a  rles  II .  1 68 1  .^JHat  of  the  Earl  ^  ArgnU,  \^ 

in  the  least  be  applied  to,  or  subsumed  upon  tbe  >  that  this  should  bare  been  bwked  onn  ■ 
words,  or  explication  given  in  by  the  pan-  !  crime,  and  allowed  to  be  pubUidied.  And  h 
ncL  And  Ian  and  reason  never  inters  nor  pre-  i  paunel  neither  does,  dot  needs  to  nuke  Mtt 
sumes  a  crime,  where  tlio  thing  is  capable  of  a  use  thereof,  but  to  convince  all  dtaatoud 
tair  and  rational  construction,  and  where  it  was  j  persons,  that  his  expiication  can  Import  ■ 
done  palam  and  publicly,  and  in  presence  of  his    crime. 

majesty's  high  commissioner,  and  lords  of  his  ■  And  whereas  it  is  pretended,  that  the  cni| 
majesty's  privy-counsel,  v^hen.'of  the  paimel  .  of  trea<ton  is  inferred  from  Uie  fanriuDMi 
had  the  honour  to  be  a  member,  ]>ersons  com-  ■  laws  of  the  kingdom,  and  from  that  dux  tf 
mitting  and  designing  to  commit  crimes  mak-  the  panners  explication,  whereby  be  dedw^ 
ing  luic  of  times  and  places,  and  comjianies  of  he  is  not  bound  up  by  any  thing  in  this  mA 
another  nature,  on  whom  their  suggestions  and  not  to  endeavour  any  alteration  in  a  Mi 
insinuations  iiiny  prevail.  But  it  is  a  violence  ',  M^y :  which  being  an' indefinite  propCKitioQ,  ii 
to  the  common'reason  of  mankind,  to  pretend,  '  erpiipoUent  to  an  universal,  ana  is  upos  Ai 
that  a  person  of  the  pannePs  ijuulity,  having  matter  c«)incideut  with  a  clause  which  warn* 
tlie  honour  to  serve  his  majt.>sty  in  the  most .  hellions  in  its  coii8e(|uences,  contained  ii  At 


L-c 


r-t-' 


ant  favours  he  had  received,  that  the  pannel  ■  does  express  no  more  than  was  aatunllyi 
in  those  circumstances,  and  in  presence  of  his  |  ported  m  the  oath  itself,  whether  exjnAm 
royal  highness  and  lords  of  privy -council,  j  not,  should  be  made  a  foundation  tuimpat 
should  design  to  declaim,  and  de  facto,  de-  ;  the  crime  of  treason,  whit^h  no  lawyer  ererit 
claim  against  and  defame  his  majesty 's  govern-    lowed,  except  where  it  was  founded  uponcK 


agamst  and  defame  his  majesty's  gov 
ment:  To  suppose  this  is  absolutely  c<mtra- 
dictory  to  the  common  principles  and  practices 
of  law,  and  common  topics  of  reason. 

And  as  to  Bal  merino's  case,  it  is  answered, 
that  the  lords  of  justiciary  arc  humbly  desirc<l 
to  call  fur  and  peruse  the  said  petition  and 
books  of  adjournal,  which  was  certainly  a  de- 
famator}'  libel  of  his  majesty's  father  of  blesse<l 
memory,  ami  <»f  tho  states  of  purlianu-ntiii  the 
highest  dci>Tet',  In^arins^  expn^sly,  that  there 
was  nothing  (Icsii^uiMl  Imt  an  innovation  of  ihr 
Protestant  religion,  and  the  subvtTsioii  and 
oveilurnihtr  tlic  libfrtii.^  and  privile;^is  <»f  the 
parliament,  and  the  eonstitmions  of  the  artiol«*s, 
and  other  thin«^s  of  that  kind,  uhieh  inad4> 
certainly  ot'  it^^elf  a  most  v  illainous  and  exe- 
crable libel,  c»)ntainint>^  tho  hijifhest  crimes  of 


,  except 
press  law  ef  luce  meridiana  ciitrior ;  aDuindMi 
if  such  stretclies  and  inferences  can  makeoa 
guilty  of  treason,  no  man  can  be  secure.  Jbl 
the  vvords  hi  the  i>anners  declaration  are  phJl 
and  clear  {yet  non  suni  cuviUanda)  and  impit 
no  more,  but  that,  in  his  station,  and  in  skff- 
ful  way,  and  consistent  with  the  Proteslaii » 
ligion  and  Ins  loyalty,  he  might  endeavour  uf 
alteration  to  the  advantage  of  ohuroh  and  stut 
And  was  there  ever  any  loyal  or  rati«»nal  sub- 
ject, that  does,  or  can  doubt,   that  ilmistbe 
natnral  inijmrt  oftlietjathi*  And  indeitl  itweit 
a  strange  oath,  if  it  >\ere  capable  of  anuilitf 
stMise,  and  l>ping  dcNigncnl  for  the  s.*curity  ut 
the  ;jo\ennnent,  should  biml  up   men's  bainK 
to  concur  for  its  advantage.     And  how  was  it 
possilile,  that  the  |»annel,  or  any   other  in  lh< 


Treason  and  IVrdneliion,  and  was  not  eapabli;  1  capacity  of  a  privy  counsellor,  or  a  meml)erQJ 
of  any  good  sense  or  interpretation,  hut  u as  |  the  parliament,  vvould  have  satisticii  his  dull 
absolutely  pernicious  and  destructive*:  So  that  ■  and  aUegiance  in  other  terms?  And -«\ hen-as i 
it  is  in  \'ain  to  pretend,  that  the  said  libel  did  '■  is  pretendeil,  that  there  was  the  like  case  i 
contain  pivfaces  ami  protestations  of  lovalty,  !  the  pretended  Leat;"ne  and  ('ovenaut,  it  is  an 
which  no  Iav\  renanls,  even  in  simpiici  i'niuria  swered,  the  assertion  is  evidently  a  mibt:'.kt 
tt  rfutU'(iict:\  though  conunittetl  by  a  piivale  j  and  though  it  wi-re,  theai-i»umc'nt  is  allo«^iiii' 
person,  cur//  prut'ut'wue  iulxo  honon\  or  the  ;  inconsefpiential :  for  that  Leag-ne  ami  (  oveiwi 
like,  and  which  were  certainly  ridiculous  U)  was  treasonable  in  itself,  as  bemg  a  combiuativ 
sustain  in  a  libel  concerning  criines  of  lriasi»n.  entered  into  without  his  majesty's  authority,aii 
And  whereas  it  is  prctende*!,  that  llioiiijh  vvas  treasonable  in  the  flosses  that  were  pi 
others  were  guilty  of  these  crimes,  it  iloes  not  I  up(»n  it,  and  was  impose<i  \)\  aI)solute  ii«)Uiu 
excuse  the  earl  :  and  that  the  louls  (d'  privy  on  the  subjects  of  this  kingdom,  and  how  cd 
council  cannot  remit  crimes  ;  and  the  ne^fli-  i  the  pannel  be  in  the  least  supposed  to  have  lu 


jrcnce  of  the  king's  (.tlicers  cannot  prejiulge  his 
mterest.  It  is  answered.  The  pannel  is  verv 
contident,  that  neither  the  lords  id'his  majestv  \ 
pnvy-council,  con>isting  of  persons  of  orninent 
loyalty  and  ju<l-ment,  nor  his  niaiesty's  <'!H- 
cers,  vvere  capable  u\'  any  such  escape  as  is 
pretendc-d  :  and  if  the  tenor  of  »li«^  pannel's  ex- 


an>  respctet  to  the  said  league  and  C'oveuan 
wllinhe  had  so  often  Uiken  the  declaraii«» 
disowning  and  renouncing  ii,  as  an  imbwl 
and  sintul  outli,  and  concurred  in  the  niaii 
cxcellc'ut  laws  and  acts  of  parliament  inaile  I 
,  his  majesty,  cruulenniini;'  the  same  as  >t;Oiiioi 
'  aiitl  treasoiuible  /  And  wliereas  it  is  preiendt 


})hcation  dul  in  the  least  import  the  biuh  and  that  the  pannel  is  i:udt\  of  perjury,  havi: 
mtamouscnmes  IilK;lle<l,  as  beyond  all  pcrad-  !  taken  the  oatli  in  another 'sense  than"  was  coi 
venture  It  iloes  not,  it  Mere  stran«re,  how  the  sistent  with  the  u:enuine  sense  ot  the  parii; 
SiT  Mdfh^"^"^*T^  *"  ^*^*'  foresaid  ^  in.lica-  ment,  and  that  b\  the  authority  cited,  he  d» 
HOD,  anatae  whoU  clause*  thereof  justified,    ajmmaiio  dudcrt  jurammtian^  ^vhich  ouijl 


i 


S^TATE  TRIALS,  33  Chakles  II.  l681.-/or  High  Treason.  [945 


to  be  taken  in  the  sense  of  him  that  im- 
the  oath :  It  is  answered,  the  pretence 
gipoundless,  and  peijury  never  was,  nor 
infenvd,  but  by  the  commission,  or 
a  of  something  mrectly  contrary  to  the 
And  althougrh  it  is  true,  that  wliere  an 
tsdcen,  without  any  declaration  of  the 
sense  of  the  persons  who  take  it,  it 
mb  pana  pcrjuriif  in  the  sense,  not  of 
*r,  but  of  the  imposer  of  the  oath,  hc- 
(pressing^  no  sense,  law  and  reason  pre- 
hcrc  is  a  full  acquit'scence  in  the  sense 
inin^  of  the  imposer  of  the  oath  :  and 
in  oath  be  not  so  taken,  he  tliat  takes 
Ity  of  perjury.  Yet  there  wa-*  never 
nor  divine,  lV)pish  or  Protestant,  but 
I  this,  that  whatever  be  the  tenor  of  the 
before  the  taking  thereof,  tlie  partv  in 
terms  does  n\d>lie1y  and  openly  declare 
le  in  which  be  takes  it,  it  is  impossible 
ifer  the  crime  of  perjury  against  him  in 
ler  sense,  this  not  beuiir  commentum 
itum,  at\er  the  takin^r  of  the  oath.  And 
rere  not  so,  how  is  it  possible,  in  sense 
ion,  that  ever  any  explication  or  sense 
•Ivc  the  scruples  of  a  man^s  conscience'!* 
lieht  be  always  pretended,  that  not- 
idmgof  ihe  express  sense  wherein  he 
be  should  be  guilty  of  perjury  from 
sense.  And  that  this  is  the  irrefraga- 
ion  of  all  divines,  of  n^hatever  persua- 
[M>t  only  clear  from  the  authority  above- 
led,  even  those  who  allow  of  reserved 
but  more  especially  by  the  universal 
»of  all  Protestant  di%ines,  who  though 
alwminate  all  thoughts  of  subterfiiges 
ons,  alter  taking  ot  the  oath,  yet  they 
ys  allow  and  advise,  tor  tlie  safety  and 
T  of  a  doubting  and  scrupulous  con- 
that  they  should  expi*ess  and  declare, 
be  taking  of  the  oath,  the  true  sense 
ining  wherein  they  have  freedom  to 
and  for  which  Sandei*son  de  Juramcnto 
Prel^.  6,  sect.  10,  j>age  75,  where 
(Is  are,  *  sane  ut  inte  jurandum  omnia 
lant,  expedit  ut  de  verbonim  sensu  inter 
partes  quanmi  interest  liquido  constet, 
eteribus  dictum,  liquido  jurare.'  And 
being  one  of  the  highest  acrts  of  ilovo- 
Alaining  cultam  latritty  there  is  nothing 
Qsonant  to  the  nature  of  all  oaths,  and 
rmndour,  ingenuity,  and  ciiristian  sim- 
whjch  all  law  and  religion  requires  in 


ig*!  Advocate^s  Third  Plca  against  the 
Earl  of  Argyle. 

i^jesty's  advocate  conceives  he  has  no- 
auwer,  as  to  depraving,  leasing  mak* 
I  misiDteqireting,  ^ec.  save  that  this 
I  only  designed  to  exclude  recusants  : 
wqaentlv  tnepannel  may  thereby  be 
I  nom  his  oiiices,  but  not  made  guilty 
DC  To  which  he  tripli-.rs  ;  If  ever  tlie 
I  Mmply  refused,  that  had  been  true  ; 
dU  not  all  excuse  from  defaining  the 
•  defiuncr  is  not  punished  for  refusing, 
ybmmy. 


If  he  had  simply  refused,  the  government 
had  been  in  no  more  hazard ;  but  if  men  will 
both  retain  their  places,  and  yet  take  the  same 
in  such  words  as  secure  not  the  government,  it 
were  strange  to  think,  that  the  design  of  the  law 
being  to  secure  against  men's  possessing  who 
yrMi  not  obey,  that  yet  it  should  allow  them  pos- 
session who  do  not  oltey.  Nor  is  the  refuser 
here  in  a  better  case  than  the  eari,  and  others, 
who  offered  to  oliey,  because  it  is  the  defam- 
ing the  law,  as  ridiculous  and  inconsistent  with 
that  Protestant  religion,  and  leasing-tnaking 
betwixt  the  king,  the  nobility,  and  the  people, 
the  misoonstruiug,  and  misrcpi-esenting,  ashatli 
been  formerly  luiged,  that  puts  the  earl  in  a 
worse  condition.  And  all  those  ai^uments 
might  as  well  be  urged  for  any  who  had  uncou'- 
trovertedly  contravened  these  acts,  as  for  the 
pannel. 

Whereas  it  is  pretended,  that  the  king  emit- 
ted a  proclamation  to  satisfy  dissenters  ;  it  is 
answered,  that  the  proclamation  was  designed 
for  none  who  had  been  members  of  parliament, 
and  so  should  have  known  the  sense  ;  but  it 
was  designed  for  mere  ignorants,  not  for  such 
as  hail  defamed  the  law,  which  is  ^ill  here 
i:hargcd  upon  the  pannel. 

As  to  the  article  of  treason,  it  is  conceived, 
that  it  is  unanswerably  fouiidefl  upon  the  oom- 
inon-law,  tiiscliarging  all  men  to  make  altera* 
tionof  the  government.  As  to  which  there 
needs  no  express  statute,  that  being  the  very 
essence  of  government,  and  needing  no  laws. 
Like  as  it  falls  |M>sitively  under  all  the  laws  that 
discharge  the  assuming  the  royal  or  legislative 
power  :  for  to  alter  the  government  is  insepa- 
rably united  to  the  crown.  Like  as  the  sub- 
sumption  is  as  clear,  the  express  words  not 
bearing,  that  the  earl  reserves  to  himself  a 
power  to  propose  to  his  majesty  any  altemtions, 
or  to  concur  to  serve  his  majesty  m  making  al- 
terations, but  owning  in  most  general  aud  ar- 
bitrary terms,  to  yf'\A\  and  endeavour  any  al- 
teration he  should  think  lit  tor  the  advantage 
of  church  or  state,  and  not  determining  any 
thing  that  could  bind  him  otherH'ise  than  ac- 
conlitig  to  his  own  jileasure  :  For  the  word 
[lawful]  is  still  snhjeirUMl  to  himself,  and  as 
subjuinetl  to  it,  '  as  lie  should  think  lit,'  which 
governs  the  whose  pi-o[H>sitifMi  ;  and  in  that 
sense,  and  as  the  words  are  here  set  down,  the 
gif.-atest  reliel  iu  Si'otland  vi  ill  subscribe  that 
<'Xplanution  :  For  there  is  n(»  man  but  will  re- 
strict liims<*lf  to  a  lawful  olKMlieuiH.*,  providing 
he  Ik*  judge  of  the  IswluhK^s.  And  seeing^ 
all  oaths  pnqiosed  for  the  security  of  govern^ 
ment  requires  a  cei-tain  depending  upon  the  le- 
gislature, and  not  upon  the  taker,  it  is  imiKis- 
sible  that  that  end  could  be  attained  by  any 
qualification,  how  s|ieeial  soe\er,  which  is 
inaile  to  de|K^nd  alisolutely  U|Mm  the  taker,  and 
not  uuon  the  legislator.  An<l  we  ha\e  often 
seen  now  little  security  there  is  in  those  si»e- 
cious  words,  the  very  covenant  itself  havmg 
not  only  the  %ery  words  above- repeat(*<l,  but 
attesting  all  the  world  to  l>c  witnesses  to  their 
loyalty  and  sincerity.    Ami  as  to  the  foriuer 

3 


^3}   STATE  TRIALS,  33  Cbaklbs  If.  1631.— 7W«/  i^tht  Earl  df  A^,-| 

ruing  iu  anna,  or  oppomng  ihe    rnvrrs  b^   luainuluail?    i 
or,  (here  is  na  tavataatei _  in    nittcli  ihitt  dcrvivraja  iwcArioa  iJiii  i»t» 
aa  biT  wbo  nHev  li«  ha*  inmrB^OMtwL  ifc. 
ciMli.tiajr  autl  iiHir«  tuu,  bnavisi:  the  bnaJDi|  I 
may  come  froiu  lonftlfuliieH,  or  oUm  a—    ' 
tlt^ntii:  Hut  the  eviiilju^  lay  ^vncnl  1  Tiiiimi. 
whitrh  liiiul  DO  man,  ilic*  Inna  the  bna  idiiim 
raiginallf  uiako  >U  uaUu  nwlnn  uid  ib^c 
rvua,  uid  tbai  tbU  iiilmirKUiiiim  C'Iu>I<a  At 
onUi  iibnulotcly  i(  yery  clear  from  n  Uu  biA 
iHf-ii  lin-iuulv  tUiaW.     Fuf  itiuny  be  Hgud, 
that  iliu  tuirf  brtitu  tlu^  uuUi  in  su  far  ii  ilw 
Tint  ilnjr  bu  «wi>ii[>i  U)«  oalh ,  wbkb  b«Ui  >•  t* 
uittaout  «iif  evmion  (and  muatWa*,  sMwiA-  ' 
itMidinif  uT  t*haLct«r  bi?  could  mj  :)  m<  AH  | 
Dexiday  hv  |fi»Miuiliis  (.laiMKia,  wbidibai 
(lun-uriiihl  TiaUtioA  iif  Ihnl  oMh  uwt  metmu 
wax  (bill  oiub  fortcd,  boin- 


fk-otluiid,  bulnill  H»Vi  be  will  do  ucLlher,  but 
iUB  lawful  way, nniT  in  his  stulion,  and  in  a 
way  oonsiiiteat  with  his  lnyslty,  lot  t,  man 
nci'U  mad  to  nay  ollierwiae :  Uul  yet  when 
they  rouie  to  explain  lliis,  ihey  will  unly  do  it  m 
tbey  think  fit,  and  will  Irt-  ^iiiigen  lliutui'elTes  1 
kDilthco  will  tell  u^  that  ilelvnsivG  arnia  are  law- 
fhl,  tuu]  thai  no  popith  succcsmr  xliuuld  soccced, 
DM  no  iucceasor,  uiilesa  ho  Biibscrilw  the  cov e- 
UUIt.  AiHlwhereasiti>i[)TeU:D<lt:il,tUalno<daua« 
in  the  teal  docs  exclude  a  iiiBulVum  mulditg  atte- 
mims)  .it  in  uuwered,  ihnt  the  alterutiutiB 
whiirh  ibe  Taax  ilIIows  on  nuiit;  ut  all  but  in  8U- 
bttrilmUiontuaotliunty.  Anil  an  to  the  Iwo 
l«tula  abUTe-mentiuDciliitt^xdiului  iill  allcrn- 
tioDS  H  Iu  these  Doiuta.  And  uo  tu  the  mak- 
ing iimdameDtal  alterations,  this  reseriatiua 
alli)W»  Ut  iuiik«  any  alicratioD,  and  conspqucnt- 
ly  fundantuntal  alicralions ;  to  preduile  wliicb 
Uxntinisni, this  excellent  law  nisiut toted. 

H  herew  it  is  pretended,  that  the  paonel  de- 
mp»  Dot  tu  add  any  thin^  as  a  part  ut'  the  law, 
but  aa  a  part  of  bis  oath,  it  is  du|ilied,  since  the 
oallii«  npanot' thelaw,  wbotner  aikb  lo  liie 
oaib.adda  lathe  law. 

Hfaetvas  it  is  pretended,  that  tlie  crime  of 


allowed  to  declare  ID  what  seiu«  he  takei  the 
OBth  ;  and  that  thi:i  is  clear  from  Sanderaon, 
pngeir.'i.  It  is  trij'liril,  that  where  thtre  axe 
too  duiuouB  Bcusos,  lawyraiiaod  diTince  allow, 
tliat  the  laker  should  clear  hiuucU',  which  ot 
the  two  he  take ;  wbluli  is  verv  jiuit,  because 
lo  which  siievui-  of  the  two  he  determines  him- 
■dl,  the  l^blalnr  iu  that  case  is  sure  uf  him  : 
But  here  it  is  no)  pretended,  that  there  are  two 
■enses  ;  nor  does  the  pnunel  declare  in  wbicli 
of  llietwo  betakt-a  it,  or  in  what  clear  srnse  at 
all  hetakes  it,  which  is  Indeed  UqHido  Jurare. 
BntherethepuanelDcitbercoudetceads,  what 
particular  claube  of  the  Teal  is  unclear ;  nor 
alter  he  has  condestieutled  upon  the  article*, 
does  be  conJe:>ceud  upon  the  wore,  but  in  s*!- 
nertd  tuyMerious  »unla,  where  he  caii  neillier 
beiblluwed  nor  Ibuod  out,  he  unl^  t«kGi<  it  in  no 
iar  as  it  iscouuslent  with  itsell  and  the  pro- 
teatanirelii^ion,  riservingthesi^uanngallby  his 
ownlayaltv,a<ihedid  in  the  beginain|;  declare, 
thu  hetuok  iu  his  own  ^nte  ;  by  which  gv* 
tMtral sense,  neiibi-'r IS  the  ^lemiueut  arcure 
Af  any  thing  it  Uu^-s  enjoin,  uor  could  he  be  pu- 
nished if  be  tL-aus>,'Tein>ed.  Norcanil  hedojbt- 
«d,  but  perjury  nuiy  he  interred  by  any  eijui- 
rocalor  eiailLiii;  sense,  '  inter  juraodum,'  aa 
weUasbybreakiiigao  oathatterwanlK:  Which 
ia  very  clear  troni  Sanderson,  page  1^8.  The 
words  wberetd'  are,  '  ulteruiu  perjurii  genus 
^est  inter  jurandum  cletvri|uere  verba  i'  and 
irfaiGb  is  farther  clear  by  the  SSth  page  ;  but 
abore  all,  from  the  principles  nf  reabon,  and 
the  necessity  «f  coniiiiprte  and  (JTiverunient; 
for  if  men  may  adhitnt  such  kIobsi's,  even 
whilst  they  sweai,  as  may  make  Uie  oalh  u»e- 
^tt),  what  way  will  either 


gTcai^r  CI  itiiu  lUat  il  was  done  ia  A* 
council,  iMECBuseibut  wa*  \a  nuke  it  Ad  mm 
public,  and  (Mn*«<|aeutiy  the  itMrc  to  bm*- 
prm^iil  the  government^ 

Anci'  tbin  dcUUc.  which,  accnrdin^tattt 
ciutiiinof  tlie  court,  was  vriieliui  dicIsHt; 
ibe  uilvoeates  of  ^llivr  ■id*,  and  wrineti  b*  ^ 
clerk,  and  so  took  up  niucli  time,  and  d* 
having  sat  at  le^  twelve  bvues  witliM 
----—   iv  M^oumed   till  the  nest  Af. 


Iiciui^a^in  hrou£[lit   to   the  bar,  thcfr'HowInC 
'   ■    'kH|Uiitoor(tliatiN  lite  jurlgnient  and  ■■■- 

))  uf  the  lords  of.iufi'-" — .1— r— 

gning   debate, 

EnviBiiiton,  l>cctmber  tl,  16S1. 
Tlie  Interloqiiutour  of  the  Lords  of  JMHimrj. 
The  lords,  JDstiee-general,  and  commiwina- 
eri  uf  tlie  jnstieinry,  baiiugp  considered  tba 
libel  and  debate,  ther  sustain  the  itcftoce  pn- 
poned  for  llje  earl  of  Argylc,  IIk  pauiieL  ia  n^ 
lation  to  the   perjury  loicUed,   viz.  ■  tW  ka 


■  his  majesty's  high  Gomiuissioner,  andth 

'  of  his  majesty's  privy -coundl,'  reteratt,  n 

elude  that  article  of  tlie  Ubel. 

Tbelonls  sastain  tbrr  lihd,  as  bring  (buuM 
upon  the  common-law.  and  explicatioulibdkd, 
aivl  upon  Aet  130  Pari  8-  James  6,  to  infer  As 
pain  of  Trca^'in, 

They  likewise  sustain  the  libtl,  as  IbnaM 
upon  the  lOlh  Kei,  Part.  10  Jaiues  fi,  tm  iafer 
the  pain  of  death,  auil  likewise  sustain  th*l 
part  of  the  libel  aneut  LeaNOg-inaLing.Md 
Lessing-telling,  tu  infer  the  particutar  pais* 
utemioued  in  the  sevenU  acts  hbellcd. 

And  repel  the  whule  other  defences,  duplini 
and  i|inulruplies,  and  remit  the  libel,  with  the 
deieuoea  oiient  the  |icrjurv,  to  (he  knowkd|e 
of  ail  assize. 

TUercaiter  tl«c  assize,  thalisthejnry,  b«wig 

\jA  uf  th«  Asiia«N^— ftluyiia  Uowm* 


STATE  TRIALS,  SSChahibsII.  \6&l.— for  High  "Drmten, 


n-hkh   wU  read  i 


.   of  Airlie,   E.  of  Perib, 

E.  erf*  DDlhoune,  E.  Roxburgh,  P.  C, 
InrafnM,  E.  Linlithgow,  P.  C.  lont  of 
MRS,  k>fd  Sincbiv,  loni  Bruatisland,  Iturd 
'ofiMrd,  lain!  of  Clnverhouse,  laird  of 
inunn,  laird  of  Park  Gordon. 
Tn>j«Mj''i  advocate  adtluced  fuurwitoesjes 
nethcpoiiits  of  tbe  Indictment,  remitted  to 
lowlcdge  of  the  assize,  Tiz.  John  Drum-  .  „  „  on. 

of  Lundie,  then  goiemur  of  the  castle  of  i  by  pjuralily   of  votm,  the,  .said  earl 


The  Verdict  of  the  AsGize. 
The  BEmxe  liaviog  elected  and  chosen  tlie 
marquis  of  Montrose  to  be  their  chancellor, 
the^  all  in  one  voice  And  the  earl  of  Argyle 
Guilty,  and  culpableof  the  crimes  of  Trcnaon, 
Lea<:ing  making  and  Leasbg-telling,  and  find. 


r  treasurer-d^ule,  sir  Willi: 
nun,  and  Hr.  Patrick  Menzies,  clerks  of 
icitjr  couDcil,  and  H.  Stevetwon,  their 

■  etetk  :  who  de|Kioed,  Tliat  on  the  4th  of 
[liber,  the  Eari  did  ^ve  in  an  unnibseTibed 
naiioti  of  the  Test,  which  he  refused  to 

one  of  the  witnesses  addinif,  that  he 
I  him  make  the  tame  explanation  the  dav 
t  in  council,  and  that  It  was  there  accepteJ. 
en  bis  majesty's  advocate  asked,  it  the 
mmld  make  use  of  his  exculuation  for 
^  the  iierjury  libelled,  to  wit,  that  he  bad 
id  the  nme  explanation  liefure  takingf  the 
in  presence  of  his  royal  kighnessand  the 
il.  To  nhich  the  carl  answered,  that, 
[Ibeyhad  sustained  the  libel,  aslothe 
fed  Treason,  he  would   not  trouble  them 

the  ptnjiiry:  Especially  the  matter  of 
Tferred  by  the  Interloqnutourto  his  pro- 
1,  being  of  itself  so  dear  and  notour, 
t  Ibe  Irutb  is,  the  Intvrloquutour  pro- 
cd  was  BO  amazing',  that  both  the  earl  and 
in>cati»,  were  struck  witli  deep  silence, 
ty  plainl;  percnred  that,  after  suck  a 
MDt  in  the  cHie,  all  further  endeavnnr? 
1  be  in  vain,  it  being  now  manifest,  that 
r  the  earl's  innooence  had  so  little  availed, 
this  pluin and  honest  uords,  purely  at- 
Tortbe  necessary  satisfactiou  of  his  own 
ifDCp,  and  clearing  of  his  loyalty,  bad 
UMnied,  and  dttoned,  tu  inter  Lessing- 
V,  depraving,  and  treason  :  The  tongues 
•  ana  anfleU,  as  some  of  his  advocates 
id,  ooold  not  do  any  good,  and  therelbre 
T  did  the  earl,  iH>r  they  object  any  thing, 

■gniuHt  the  awizera  or  witnesses,  lliough 
to  tbvtous,  and  tinanswerable  exceptions ; 
idtiie  earl's  advocates  say  any  thing  to 
•iw,  as  the  custom  is,  and  aa  m  this  case 
light  well  have  done  to  lake  off  the  force 

■  ■videnoe^  and  to  demonstrate  thattlie 
ilHaa,  inalead  of  proving  the  indictment, 
Ifacr  prove  the  earl's  defences.  But,  as  I 
•id,  tbey  tiow  plainly  saw  that  all  this 
moiUMCMsarywttrk,  and,  ill  effect,  were 
mt,  that  aticr  so  blaik,  and  dreadful  a 
pot  upon  what  the  earl  had  spoke  and 
u  uich  Mr,  and  favourable  circum- 
■,  lba«  oouM  be  nothing  said,  before 
I  court,  which   might  not  expose  them- 

lo  the  hke  hazard,  and  mure  easily  be 
faWelo  tfaeBmemisconstraction. 

■  lUa  wIcDce,  the  advocate,  taking  in- 
Ma,  pnweati,  tlsran  Assize  of  Error,  in 
As  aMiacn  ahonM  assoil  o*  acquit, 
■pan  the  aaaize  removing  waa  inclosed : 
Mr  atmm  tiaae,  Ktnmed  their  verdict, 


und  Not  Gmlty  of  jierjury. 

And  then  the  court  again  adjourned  :  Am] 
the  privy-council  wrote  the  foliou  in^'  Letter : 

The  Council's  Letter  to  tlic  King,  desiring 
Leave  to  pronounce  Sentence  agunst  tlia 
Uariofii^e. 

HitLVRDDUOUSE,  December  14, 1681. 
"  Alay  it  please  your  sacied  migesty  ;  In 
obedience  to  your  majesty's  IcUer,  doted  the 
Iblh  of  November  last,  we  ordci-cd  your  majes- 
ty's advocate  tu  tudst  in  tliat  proceM,  raised  U 
your  instance,  against  the  earl  of  Argyle : 
And  having  allowed  him  a,  long  lime  for  hia 


fence:  lie,  alter  full  dubalc,  and  clear  proba- 
tion, was  found  Uuilty  of  Treason,  Leaaing- 
nialuDg  betivixt  y  our  majesty,  your  [larliameiit, 
and  yuur  people,  and  the  rcproachmgof  your 
laws  Hud  acts  of  parliament.  But  becauseof 
your  majesty's  letttir,  onlaiuing  us  to  send 
your  majesty  a  particular  account  id'  what  lie 
should  be  found  guilty  of,  before  the  pronuiiiic- 
ingof  any  sentence  against  him,  we  thought  it 
our  duty  to  send  yuur  niujesty  this  account  of 
our  aniryiiurjustifeB  procittlings  thcrdn  ;  and 
to  s lenity  to  yuur  majesty,  »iih  all  submission, 
that  il  is  asual  and  most  lit  fur  your  inajcsty's 
service  oud  tlie  advantage  of  the  crown,  that  a 
M'ntenccbeproDoiiDC«d,  upon  the  verdict  of  tha 
assuei-,  witiiout  which  tht;  proci'sa  will  be  still 
imperfect.  After  which,  vour  majesty  may, 
Bsyouinyour  royal  pnidence  aiid  cfemenuy 
shall  think  fit,  onlain  all  further  execulion  to  be 
sistcd,  during  your  majesty's  pleasure:  which 
shall  be  duld'uily  obeyed  by  your  majesty's 
most  humble,  must  faithful,  and  moat  obcdieut, 
subjects  and  servauls, 

■'  Sic  Kubscribitur,  AleK.  St.  And.  Alho), 
DouglaN,  Montrose,  (ilincaim,  Wintoun,  Lin- 
lithgow, Perth,  llokburgh,  Dumfries,  Strath- 
more,  Airile,  Ancram,  Livingstoun,  Jo.  Ediu- 
liurgens.,  Elpbingstoun,  DaLciell,  Geo.  Gordon, 
Ch.  Maitland,  (J.  KlekeDZte,  Oe.  Mekenzie, 
Hamsay,  J.  Drummond." 

The  Earl,  as  well  as  the  lords  of  privy- 
council,  waited  some  dnyii  tor  the  Answer 
oftbis  Letter:  But  the  eurl  making  his  escap* 
a  day  or  two  before  it  came,  i  shall  takcucca  - 
sion  to  entertain  you,  in  the  mean  time,  with 
BD  account  of  some  ihoiigliti  that  the  earl  had 
set  down  in  writing,  in  order  to  sonte  discourse 
be  intended  to  have  made  to  the  lords  of  jus- 
ticiary, before  their  pronouncing  sentence. 
And  UicD  I  tdiall  aubioiiilhc  Motive*  and  Aigu- 


m. 


]    STATE  TRIALS,  53  ChAI 

meats, wliicU,  us  he  hath  ainceitifonnul  some  ef 
liis  friends,  iliil  iDitut.-e  liim  lo  make  his  escHpe : 
Wkicli,  with  wlial  I  have  saiil  before,  will 
gifC  you  a  lull  ■Rcttuirt  of  all  maHtm,  till  liis 
muesly'g  relnrn  fSiDe,  aoil  the  sentence  pMt. 

AnJ  fim.  liL>  takes  nutii'e,  That  on  Munilay 
the  13lh  ul'  December,  tUe  day  of  bis  Hraiga- 
meul,  the  eourt  a>ljourntil,  beliire  Le  was 
amatm:  ditd  it  Wing->hen  late,  About  9  of  the 
clocl',  And  aftev  a  seikrtuit  of  12  bmira,  ht; 
did  nnl  iniagiue,  thc^  would  hnTe  proceeded 
Alrtiierthat  night ;  but  only  heard  a,^rwanl.i 
ihu  tii«y  tat  il  out  tin  3  or  :l  after  n>iilnight  .- 
Anit  tFiu  9iiri>ri!>«il  tlie  ni^n  DiiiTiiinc  to  ud- 
(lentiutd,  lliut  without  falling  him  E^fatn,  or 
aaking  at  him,  ur-hearing,  nrconBidering  hb 
uwDxmse  nf'.iiti  nun  woivS,  ^ey  hnd  not  only 
liiuiid  Qiu  \iW\  tiAc^uat,  but  rei>elled  his  de- 
fettnn.  Mid  irilfa  onv  brMtti  rejected  ull  his 
itHMnmterial  rcMOTHof  exc-uIpBtiun,  rnot  and 
Hnnrfi,  'I'hLi  »rm«d  h^rd,  thotii^  the  vrordM 
hnd  benn  vvcr^fi,  niid  nn  wny  mpnUe  of  a 
GiTimnibtc?  construHinn,  wliirh  none,  no  Tint  llie 
juitowttiL-m»'>TF«,  i-nnbu  so  vii!d  of  iiense,  as 
wtKinfa  mdlj  ihey  were  not,  and  thin  was  so 
Iw  bpfond  a1)  imaginotiiin,  that,  neither  the 
atiti,  iiur  bis  adTotstPS,  did  ever  drentn  it  roulrl 
liilt  nrnt,  tbori^h  all  was  not  said  mi^t  have 
Iteim  mid:  nor  whnl  was  said,  sn  fully  en- 
fetcei  M  Ute  earl'i  ndvooateii  could  ea«ilj  hare 
time,  tflhp  oisc  had  not  fcecn  tbot^ht  so  very 
dear,  andthe  eitrl  his  inrtncnKe  so  olnion?  find 
■{tpni-Bnt,  and  ih^  mmillins  unnecessaritj  to 
■rrttate  many  cmircmed. 

This  grcu'l  ha<ite,  and  ■tiranp'  proceeding-, 
did  HI  snrpHNc  and  aslonixh  him,  an  1  liave 
mM,  Ihal  it  i-nnwd  him,  the  nest  day  when 
tne  sentence  iths  rend,  lo  keen  deep  silence, 
Md  nif&r  the  intert«[|milor  to  he  pronoimcn), 
Ihe  auizei'S  chosen,  and  smim,  and  the  wit- 

oflferin^  to  Bay,  or  objeettinjr  thing,  or  sn  mncli 
a«  idquirin^;:,  si  either  as&izerB,  or  witnesses, 
whelner  tln>y  hnd  not  licen  tftinncrpd  with,  and 
pnctlaed  by  promisen,  and  ifiveBtenings,  or 
whether  OTime  of  Ihcm  hjil  not  preriotwly,  and 
puHidy  declared  themsclns  in  the  case,  and 
otbera  uf  them  had  not  pnrtinlly  ndrtscd  and 
•olicileil  a^nst  him  ;  n-hich,  as  they  are  just, 
niid  competent  eM'rplianii,  sn  he  was  able  to 
h«TB  proven  thciii,  airainrt  nioit  of  them,  in- 
statillv,  and  fnlly. 

And  indeed,  as  to  such  of  ilie  assiaert  as 
wer«  connseUoTB,  (whom,  for  yaur  better  in- 
fannklion,  I  hate  marked  in  the  liKt  of  nraijiets 
ihna,  p.  Cr.)  and  bad  first  ordered  hts  impri- 
■nnmcnt,  neit,  signed  the  letter  In  his  majesty, 
and  then  ordeK^  thi;  pi-OL-ew,  nod  therein 
inaDifeAiIly  I'ur^-slalled  th>:ir  own  judtcmeiit  (had 
tbcy  done  no  more)  il  was  a  wonder,  beyond 
patallel.  tliut,  neither  Iht-ir  unn  honour,  nor 
lite  niuiunon  dei'eucy  uf  justit^c,  uor  even  bis 
•n^jw^'sadvocale-s  interest,  did  prerent  their 
briiHC  inipannelled  un  that  assise. 

D>altli«t>'iithis,  theeaH  did  so  tar  netilect 
and  abtiulon  binrndf,  kihI  jfiie  way  to' the 
cotuli  tbal  he  dkl  nut  so  otmA.  W  oi^n  his 


mouth  to  clear  him*elf  of  rheiieiiary  laid  lalib 
charge,  which  yet  Uud  Aln»|(ht]r  •»■<  [itmtt 
lo  di),  by  Ihe  plumlily  of  fuimik  of  tit*  Man 
assize,  who  it  auteara  plainly  did  Uai  bin 
little  kindness:  toiwhereuauuurndrauiniaDy 
FEtiirn  th»T  Twdict,  i>mt<rn,  in  not  prmca, 
ratlier  than  guilty,  or  ii»t  i^ltv,  umI  on^ 
idwise  tu  du  »u,  whrcv  tLc  rctetaao}  ■>  i* 
dubio,  and  espevully  iu  a  caae  uf  thii  iittm^ 
in  which  the  BlUilt[ed  Ircawin  is  no  orm-Kt, 
und  indrcid  nu  act.  nur  aa  nHwit  ■■>  a  nnl 
ground  of  uffenee;  but  plainly  *urh  a  liwUI. 
clrinierical,  and  nouscnsii^  consrqlKaCVi  thM 
till-  Kudine  it  doih  ijuite  surjus*  tW  wmwr 
liimMon  uf  all  uubioBsed  men; 
lieen  expected  thai   persons  e  ,      _ 

winild  have  choten  the  mure  mudenUvfvivia 
proven  ur  not  provm,  and  uM  iuvtJted  thm- 
selves  nonecesorily  upon  oath  ia  tt^udciti 
the  reletaucy  of  ■  iini'ti  whitdtm  lew  wvaMi 
to  imapne,  and  nunc  will  afw  mabc  out ;  j* 
yQU  see  in  tUcar  verdict,  that  all  iu  oik  tots 
they  did  tind  the  rorl  guilty,  ia  the  ukuM  nai- 
tii'o  and  slront;  form ;  adding,  l<ir  Mip-nliM- 
dance,  culpable,  fonH>ath,tlMbcttOT Indent- 
sttate  their  guwlwill.  Nor  it  it  nmraidijil 
remark,  that  when  snefa  uf  the  uMiaeM  ■ 
were  preseot  at  ihe  council  declared  ltt«  «a 


migJuba 


unocenl  uf  the  p 
advocate  did  a 


0  peijury  (wbk-b  lua  maJMM 
lufv  pretend  lo  iulvr  l'i*na  M 
euil'a  liledged  aileoce,  or  not  aptaluuc  W 
enough,  the  tiin  day,  when  he  a^^oed  dN 
Teat)  because  Aey  heard  him,8tth«nnMlia^ 
pronnimue  his  explanation  :  Vet  some  <Nk> 
assiKem  that  were  no  counscUorK,  and  kor* 
iiotbiii^  of  the  ma.lter  of  fad,  hut  by  heanaii 
11  it h out  all  rejrard  to  the  witnessing  of  tbM 
counselhwH,  their  fellow  awizera,  ruled  hi> 
guilty:  ,\jtd  so  took  il  formally  on  their  n» 
Kcieaceo,  that  he  had  said  nnlhing-in  Ibeoaaa' 
cil,  at  b)9  taking  the  Test ;  albeit  aU  the  am- 
cil  knew  the  cmtrary :  (by  which  they  ttl 
clearly  iJeijured).  Nay,  such  was  lbs  eanal< 
neas  uf  wme  (who  thought  il  scarmponiUeH 
carrv  tlie  treason  upon  words  so  ^tnih  aud  ina> 
cent)  to  have  the  earl  found  efullty  cf  pe^oTi 
that  il  wa£  particularly  rccommendEU  W  n 
majestj/'s  advocate  to  get  liiinmade  fT'dtfi' 
that  puiiit,  III  render  him  forever  uorapawt' 
public  employment.  And  the  tltrk  of  Ai 
assize  was  s'>  concerned  in  it,  tbilhennt 
niisreckuned  Uie  voles,  before  he  v 
tliBi  the  earl  wan  aevoiled,  o 
peijury.  And  this,  among  other  tl 
serve  to  clear,  how  thai  whole  matter  nai» 
fluenced  and  managed:  For,  as  the  eul  ami 
be  charged  with  perjury  the  second  day,  !■* 
cause  he  swore  none  at  ail  ;  so  aslitiletiirW 
duy,  seeing  whether  he  took  Ibe  I'eal  with  ■ 
expWution  (as  certainly  he  did)  ur  na^ 
without  snying  any  thing,  IliiAijually  I 
rent,  then  was  no  penury  in  the  case :  1* 
appears,  iheir  assizers  were  of  the  ofi 
Ihal  the  indictment  or  libel  alone  (a»  it  in 
ileeil  the  nnlv  evidence)  wss  asnificieib 
of  the  ewi's  being  guilty  ol'  penary,  im 
deed  fw  aoj' olliw  rule  o 


'Jt 


949]  STATE  TRIALS,  3J  Charles  II.  iGsi.— /«•  High  Treason. 


U): 


M.J 


they  migfat  as  well  have  found  liini  guilty  of 
the  peijurj  as  of  the  treasim :  But  thf  aHsizcrs 
that  were  'counsellors  beiii^  under  a  pai'ticulnr 
chccic,  apprehending^  they  uiit>fht  be  found  [kt- 
jored  themselves,  if  they  had  not  ai-JxiioHledjif- 
ed  the  hearing'  ol'  the  Nvords,  that  all  others 
present  rould  have  attested  to  have  Ikimi  audi- 
bly sjioken,  and  smne  of  theniseUcs  have  con- 
fessefi  to  have  hcLnl,  before  thev  kne^v  the 
tenor  oi'  the  libel ;  and  the  |»reat  c  rime  of  trea- 
nm  being  sufficient  to  do  the  job,  it  is  like  they 
jndi^fed  it  advisalile  to  ij-ive  tliis  insiguiBcant  ab*- 
foltition  from  perjury,  that  their  venhct  of 
treason  might  have  the  greater  colour,  and 
tbew  of  candour,  and  sinceritv.  Hem  ever  it 
seenis  to  be  without  measure  hard  to  be  prose- 
cute with  such  a  deadly  dileiuma  of  eithfx*  trca- 
•on  or  pcjjuiy ;  for  voii  see,  in  their  account, 
iftiie  carl  switu*  with  an  explanation  his  hte  is 
knocked  down  by  treason ;  and  if  without  an 
explanation,  his  honour,  which  is  dearer  to 
huin  than  his  lite,  is  nm  through  with  (leijury. 
But,  to  complete  a  fancy  beyond  Bcfllaui,  tfic 
advocate  urges,  and  several  assizers  ngrei^,  at 
the  same  time,  tocondenmthcearl  as  perjured, 
for  not  explaining ;  and  for  treason,  for  explain- 
ing: Qttis  tutiu  J'undo  i 

In  the  next  place,  the  carl's  papers  contain 
some  thoughts,  and  endeavours,  to  remove 
enrtain  mistakes,  which  he  had  good  ground  to 
believe,  did  so  luuch  prampt,  and  precipitate 
the  judges  to  pronounce  so  important  a  sen- 
tence B^inst  him,  upon  so  weak  and  sandy 
fimndations,  and  which  Mere  indt:ed  either 
mere  fancies,  or  so  irivolous,  that  though  they 
were  true,  they  coohl  never  excuse  thorn  More 
nen,  far  less  exoner  them  beiore  Go<l  Al- 
migrhty.  'Where,  laying  down  a  true  gniund, 
that  *  nmiquam  concluditur  in  criminalibus, 
•  &c.'  and  withal  representing,  how  his  advo- 
cttlea  were  questioned,  in  so  extraordinary  a 
(HOiner,  for  signing  their  opinion  (which  you 
bsve  ibove,  num.  32.  Where  you  may  see 
jww  im^  just,  and  safe  it  was)  that  now*  they 
lire  no  more  plead  for  him  ;  lie  says,  he  can- 
nolbe  denied  to  plead  for  himself,  as  fie  best  may . 

Ttie  first  gronnd  of  mistake  then  that  he  was 
lo  rapreflent,  was,  that  he  knew  it  had  been 
told  them,  it  was  very  much  his  majesty's  in- 
tovesl,  and  necessary  for  the  support  of  the  go- 
pcnnnent,  to  divest  and  rendcT  him  uncaiudble 
pfvoblic  trust :  Which  words  had  been  oft  said, 
kM  add  to  hunself,  to  persuade  him  that  there 
MIS  no  further  rigour  mtcnded :  But  as  he  is 
rary  confident  our  p-acious  king  m  ill  never, 
■poa  any  nu;fa  pretence,  allow  any  innocent 
pircoii  to  be  condemned,  far  less  to  be  destroy- 
fedy  m  a  pimie  or  firolic,  where  his  majesty  can 
(Hn  no  advantage;  so  he  is  persuadc<l,  his 
■toeity  bath  no  desijp  to  render  him  uiisc- 
rnie,  far  leas  to  cut  hiin  off,  without  a  cause. 
lad  therefore  concludes,  it  is  only  his  misfor- 
looe,  in  his  present  circimistances,  never  linv- 
bg  access  to,  nor  being  heard  by  his  majesty, 
kor  the  case  perfectly  uiKlerstood  by  him,  that 
Uth  made  his  majesty  give  so  luucii  as  way  to 
i  process  to  be  raised  or  led,  far  less  to  a  sen- 


tence to  br  pronouncHl  ai,^iii'st  lii-.n.  iJut  \\\ 
effect,  as  this  aH'air  hat!i  Ix'tn  maiiutrcil  ull 
along,  and  so  muiiy  engsiited,  in  s»n>\ti.j(.r- 
dinary  ways,  to  act,  aiul  write  ay.ainst  li.in, 
lirst  and  last,  nothing  slioolii  aj'jicar,  strai»i;o 
or  smiiHsing:  no\*ever,  as  tiieir  own  con- 
sciences, aiiil  God  Ahnijihty,  know,  how  they 
have  lM?en  brought  to  meddle,  and  act,  as  they 
have  doiiL' ;  so,  one  day  or  other,  the  world 
may  likew  isu  know  it. 

A  si-'tond  ground  of  mistake,  whifh,  Ik;  says 
may  impose"  upon  them,  is  a  coiiildtnce  t>f 
his  niajoait\  's  [)ardon  intended  for  hiiu,  a  pi-e- 
tence  oid\  gi\  en  out  to  render  the  condouuiation 
more  easy  ;  yet  inde<*d  least  wishcnl  for  i)y 
thc»se  who  were  itmdiest  to  spread  the?  reiwrt, 
and  whereof  the  earl  had  indeed  mort*  con- 
fidence than  any  thattulkcd  of  it,  if  his  majcstv 
were  left  to  himself,  and  had  the  case  fully  aiu* 
truly  represented  to  him  :  but  as  his  nijijesty 
needs  not  this  false  occasion  to  make  his  cle- 
niiMiey  apjH'ar,  which  is  so  well  known  over  all 
his  doiiiitiioiis,  by  far  more  true  and  genuine 
discoveries;  so  ft  were  the  heighth  of  injustice 
in  their  lordships  of  the  justiciary  to  proceed  to 
sentence  a!:cainst  him,  upon  sucli  apprehensions 
in  case  in  their  lienrts  they  believe  liitii  innocent 
(as  he  certainly  knows  tlley  do)  hesi<le<!,  they 
cannot  hut  see  their  acting,  upon  so  unjust  a 
ground,  m  ill  not  only  stain  their  names,  and 
memorii>s,  but  iastcid  of  alleviutuig,  rather 
agfgravate  their  guilt,  Iwth  in  their  own  con- 
sciences when  they  reflect  on  it  in  cold  hlowl, 
and  in  the  sight  oViJod  Almighty :  and  if  IiLm 
mjijesly,  on  im|)ortunity  and  a  thfrd  application 
should  ^ivc  way  to  execution,  as  he  hath  al- 
ready given  way  first  to  the  process,  and  then 
to  the  sentence  ;  or  if  (as  some  iiuiy  design) 
execution  shall  he  adventured  on,  i^llhoutthc 
formality  of  a  new  order  (as  the  proci-ss  was 
at  first  commenceil,  befiuehis  majestj^  \s  return, 
and  so  is  not  impossible)  would  not  their  lord- 
shi]>s  be  as  guilty  of  his  blood,  as  if  they  had 
cuthistlnoat? 

And  in  (^llet't,  these  are  grountis  ai:d  excuses 
pretcmled  at  this  day,  in  private,  by  such  of  his 
judges,  for  their  procedour,  who  are  not  yet 
come  to  have  the  confidence,  at  all  occasions, 
to  own  directly  what  lhe>  ha\e  ilone. 

A  third  reason  why  his  exculpation  was  not 
allowed,  he  says,  might  be,  brcanse  the  sus- 
taining of  it  miglit  have  brought  other  expla- 
nations abovc-boanl,  and  discover  IjoiIi  tin  >.e 
who  had  made,  and  those  w  ho  had  iiccepted 
them,  ai'id  perhaps  not  have  lel'l  their  own 
l)ench  imtruiched.  Hut  as  this  artifice  will  nc  t 
keep  up  the  secret ;  and  as  this  way  of  shift- 
ing is  neither  just  nor  <  ([ual ;  so  to  all  interest!  d 
it  is  themcanesi  tif  security  ;  for  his  majesty's 
advocate  hath  already  told  us,  that  his  majesty's 
officers  can  i\v\vx  wrong  him :  and  although 
the  lords  und  he  should  conceal  what  others 
hail  done,  it  might  make  themselves  more 
guilty,  but  not  prove  any  exoneration  to  thost^ 
concerned,  without  a  downright  niiiission; 
w  hereas  it  is  manifest,  that  if  their  lordships 
hud  admitted  the  earl's  exculpation,  upon  thf 


S5l)    STATE  TRIALS,  33  Charles  U.  l681^7Ha/o//Ar£arfe^A-nrlr,  (J 

RURfaiidcvuleiit  ^roRudH  llieiviii  coRtninciil,  It 
wnuld  not  nnly  hnTe  aiisiveteri  the  jmtirc  of 
bi>  (MM!,  but  iinilicuiM  all  conccniod. 

Ami  twiilv .  lio  tra^  to  t«ll  ibeia,  that  possibly 
thr,v  niiglil  lie  invliiied  to  |^  on,  because  tliey 
wvrf  nlrt'ady  i  ■  lai'  eiignsreil,  as  Ihey  knew  not 
how  to  I'plri'uiIHilh  their  Itinoar:  but,  a»  there 
can  bv  nu  true  lionour  tvhcre  tUere  U  moaifeit 
wrantr,  ^"1  iiUU-^L^ce ;  bi>,  in  the  Trail  and 
falliUu  condilinn  of  lulman  tilings,  there  can 
be  nu  doiiuion  more  danj^emns  and  pernicious 
thandiis,  ■  uimm  seel  IIS  eHi  alio  scelci'f  t>>gi;n- 
ilam.'  And  heretlicearl  tliou<ilit  to  laybefiire 
Ihem,  very  plunly  and  pcitinently,  some 
remarkable  and  excellent  rules,  whereby  Lord 
Chief  Justice  Hales,  a  renowned  jud^  of  our 
neighbour  nation,  tells  he  did  govern  himself 
in  uL  critninal  cases  ;  which  (adds  the  c&rl) 
'  if  tliey  took  a  due  imnresston,  would  certainly 
give  thein  peace,  and  juy,  when  all  the  vain 
(HKisidenttiouii  that  now  amuse,  will  avail  Ihciu 
notliinf. — The  rules  are  these, 

I.  Not  to  he  rieid  in  niatierg  purely  consci- 
enticnu,  where  all  the  harm  is  diveriiily  of  jadg-- 

II.  That  pn|iular,  or  court- applause,  nr  dis- 
tait«,  have  nu  intluc-nce  on  any  thing  is  to  be 
Jcme,  in  point  of  distribution  of  justice. 

III.  In  a  criminal  cose,  if  it  be  measuring 
cut,  then  to  incline  to  mercy  and  aeqnitta] . 

IV.  In  criioinal  thinga,  that  eonsiBt  onlv 
of  n'onli,wlierenahaiiii  enaues,  niodeintion  (a 
thennoii^uHlioe. 

T.  To  abhor  all  private  solicitatioos,  of  what 
kind  Boever,  and  bv  whomsoever. 

VI.  In  mattetadepemllng,  not  lobe  soli 
vbntmen  willsay  ortliink,  Belong  as  the  rule 
of  justice  is  exactly  kept. 

VII.  And  lastly,  never  to  engage  theinKelve< 
iathebeginmnffof  a  cause,  but  re^iervelheiU' 
Reives  tinprejudged,   till  the  whole  Inisincss  <h 


9 


I.  TUe  absolute  Innocence  of  IiIn  explication 
iu  its  trite  and  gcuuinc  meniiing,  fniin  all  crime 
or  olfence,  far  more  trom  the  narrible  criniefi 
libelled. 

II.  The  iin])ertinency  and  obiiurdity  of  bis 


in.  The  reusunablenesaoflhc exculpation. 

IV.  The  Earl's  Answer  to  the  advocate's 
groundless  pretences  for  a^^jiravating  ofhis  case. 

Aato  the  first,  the  Earl  waving  whathuth 
been  laid  froni  common  reason  and  humanity 
itself,  and  fl-oin  the  whole  tenour  and  circum- 
■lonna  of  biH  life,  eomca  cloxe  to  the  point  by 
nlTerinir  that  .just  and  genuine  Explaaatlan  M 
hisExnliutiiouwhiehyoubuveabove,num.  ai. 

"  I  have  delay  Lf  I  hither lo  to  take  the  oath 
app«Hnted  by  the  parliament  to  be  taken,  be- 
Iwixt  BDiltlie  liiiii  of  Januarv  next:  but  now 
■nibstnonpr,  to  take 


n  sevcml  ob- 


jeetions  moved  nguinit  it,  eificciaHy  by  piuj 
of  the  orthodox  clerkcy  ;  notirMMw4iif 
wlitrmf,  I  bavv  endeavournl  to  t*liityti|t- 
self  with  A  jiist  espUcnliuu,  which  I  bet*  ofct 
that  1  may  both  satisfy  my  mnarirnn'.  ui 
obeyyoiii'  bi^h  ipis,  niid  >oor  loRtthipi  ooa- 
maTidsJntikiiigtUeTeBt.lWuKhllieaMafiMi- 
liaincnt  do  iiTt  siioplv  entnuiaud  the  iliina.  W 
only  undei  a  eeitiifeation,  which  I  CQWa*- 
Kilysubmitio,  if  itwcre  with  your  higtiD^i 
favour,  and  inigfat  be  wiilioitt  oAaioc;  twli 
love  not  lo  be  aiajfular ;  uul  I  am  very  dewna 
to  ^ve  obedience  in  lliis,  and  nicry  thioff.ii 
I'aras  I  cftt^  and  that  which  clean  nic,  icllnl 
I  am  confident,  nhaterer  any  man  mav  Aint 
or  say  to  the  prejudice  of  this  o«lh,  tEi«  (an 
liamenl  never  uilendrd  to  impoMc  conlrsditwij 
oalbs;  aiidbcoulie theirsijue((hey  beioglM 
framentand  imposem)  Is  the  true  i«ciJE,id 
this  Ten,  enjoined,  is  of  no  plivaXe  iuterp*' 
Lation,  norarc  the  king's  statutes  tn  boinbi- 
preled,  bntasiliev  bear,  and  M  die  intent  ih^ 
are  mode ;  thereme  I  think  no  man,  tbal  < 
no  private  ]>en>aii,  can  eJqilain  it  tbraoollMi.lt 
aniuae  or  trouble  him  with  (it  may  be)  nuMil* 
^losaea;  bul every  man,as he  b lul«kc  it,* 
IS  to  explain  it  for  himself,  and  lueoJeAtHWii 
understand  it,  notwithstanding  all  these  execp- 
lifflis  in  the  paiiiameiit's,  whieh  iti  its  tfiie  at 
genuine  sense ;  1  take  it  therefore,  uuwitb- 
Blanding  any  HCruple  made  by  ^ny,  ai&lK 
it  ia  ceniislent  with  iUetf,  and  the  proistal 
religion,  uliich  is  wholly  in  tlie  nailiaineifi 
sense,  and  their  true  meaning ;  wliich  (tdt( 
present)  I  am  sure,  was  owned  by  all  to  be  IK 
sceuiing  of  the  proiestant  religion,  finindedia 
the  woiu  of  Gud,  and  coiitained  iu  tlie  eoDlans 
ofliuthrMorded,  J.O,p.  !.  c.'4.  Audnotwdrf 
scruple,  as  if  anv  thiiig  in  the  Test  did  imfort 
the  conlrair.  But  to  clear  myself  from  ciiiU, 
OS  if  thereby  I  were  boundnp  further  thulhf 
true  meaning  of  the  oath  ;  I  do  declare,  IU 
bv  that  part  of  the  Test,  that  there  lie*  N 
obligation  on  inc,  &c.  I  mean  not  to  liad  if 
myself  in  my  station,  and  in  a  lawful  «in 
«titl  discltummi^  all  unlawful  endear  oun.Ti' 
uish,  and  cuilcavour  any  alteration,  I  ihiii^ 
according  to  my  conscience,  lo  the  advauL^rf 
church,  or  stale,  not  repi^onnt  to  the  protoM 
religion,  and  my  loyalty :  And  by  myloyatol 
uniWstandnoothcrthiugthan  the  words pW- 
ly  bear,  to  wil,tlie  duty  and  aJIt^' '"* 


'il,tlie  duty  and  allcsiuice  ■(■ 
s;andthiEexpla4iBtioBl  undadH 


but  as 


9  tote  ik 


Test,  ifyour  royal  highness  and  your  liri- 
ships  allow  uie.  Or  otherwise,  iu  sutmiuMI 
to  jour  highness  and  the  council's  pk'-win. 
1  am  content  to  he  held  a<  a  refuser,  at  pmrtfl." 
Whii'h  Explanation  duth  manifestly  tff" 
to  be  so  just,  and  true,  without  vinli'iice  « 
straining;  so  clear  and  full,  without  ihelal' 
impertiueney ;  so  notore  and  ubrioat  la(^ 
mnn  iiense,  nithool  any  eommenlai^' ;  mH 
and  honest,  without  ambig^uily  ;  nnd  iMd 
fur  from  all,  or  any  of  the  Crimea  libelM( 


53] 


STATE  TRIALS,  33  Charles  IL  l6si.— >r  High  Treason. 


[954, 


iiMMt  evidently  evinceth,  thatthe  words  there-    either  to  itself,  or  his  on  u  .sense  of  it :  and  I  do 


>  fX|>iaiiied  are  altogether  innocent:  and  there- 
ire  it  were  lost  time  to  use  any  arguments  to 
nlbrceit. 

YeC  fteeing  this  is  no  trial  of  wit,  but  to  find 
at  common  sense ;  let  us  examine  the  ad- 
ocate's  fantastical  paraphrase,  u[H)n  which  he 
ottoms  all  theidleag^  crimes,  and  see  whe- 
licr  it  agrees,  in  one  jot,  with  the  true  and 


take  it,  thougli  it  be  inconsistent  w  ith  itself, 
and  the  nrutestant  relispon :  and  I  declare,  that 
I  mean  tliercby  to  bind  up  myself  never  (either 
in  my  station,  or  In  any  lawful  way  whatsoever.) 
to  wish,  or  endeavour,  in  the  least,  any  alter- 
ation, though  to  the  advantage  of  church,  or 
state,  and  thouffh  never  so  suitai)le,  and  no  way 
repugnant  to  the  protestaiit  religion,  and  my 


ight  meaning  of  the  carl's  words;   and  (as    loyalty:  and,  though  this  be  the  express  qua- 


ou  may  gamer  from  the  indictment)  it  is 
laiidy  thus. 
**  1  have  considered  tlie  Ttrst ;  which  ought 
lOt  to  be  done,  aud  am  very  desirous  to  give 
bedience,  as  far  as  I  can,  bnt  am  not  willing  to 
jive  full  obedience :  I  am  confident  the  par- 
laracnt •  -     .   i     •  .     ..  . 

«iths 

0 


lity  ot  my  swearing,  yet  1  understand  it  to  be 
no  part  of  mv  oath." 

Now  whetner  this  contradictory  conversion 
be  not  treason,  or  h'.i^hlv  criminal,  at  best,  I 
leave  all  the  world  to  judire  ;  ami  in  n^al^c  both 
sides  of  a  contraiiiciion.  that  i* .  I^oih  the  afiir' 

proposition, 
Kscoliar 
probable 


bink  no  man  ctMi  explain  it  but  for  hi -itself ;    and  ssifounys  toj^o  to  heaven  ;  bet  ULuhti  he, 
liat  is  to  say,  every  man  may  take  it  in  any  ;  nor  the  devil  himself,  have  hitherto  adventuicti 


nake  himself  a  legislator,  aud  usurp  the  sn- 
irenie  authority  :  and  I  take  it,  in  so  far  as  it 
■  consistent  with  itself,  and  the  protestant  re- 
igioii,  whereby  I  suppose  that  it  is  not  at  all 
mtsistent  with  either ;  nor  was  ever  intended 
»y  the  parliament  it  should  be  consistent :  and 
decl-ire,  that  by  taking  tliis  Test,  I  mean  not 
i>  bind  up  mvself  in  my  station,  and  in  a  law- 
id  way,  to  wish,  or  endeavour  any  alteration, 
think,  to  the  advantage  of  church,  or  slate, 
<rt  repugnant  to  the  protestaiit  religion,  uiid 
BV  loyaJty :  whereby  I  declare  mvsc^If,  an«l 
If  otliers  free  from  afl  oblifi^atiou  to  tfie  govern- 
lent,  cither  of  church,  or  state,  as  oy  law 
rtablislieil,  and  from  the  duty  and  loyalty  of 
Bod subjects  ;  resolving  of  myself  to  altiT  all 
M  fundameatals,  both  of  law,  and  religion,  as 
■hall  think  fit ,  and  this  1  understand  as  a 
Hi  of  my  oath  :  that  Is  as  a  part  of  the  act  of 
ariianient,  by  which  I  take  upon  me,  and 
Huii  the  royal  legislative  power.  ' 

nhich  sense  and  explanation,  as  it  consists 
rthe  iidvocate*s  own  words,  and  was  indeeil 
»«y  word,  ncccssar  to  infer  these  horrible 
riffles  contained  in  the  indictment;  so,  to 
peak  with  all  the  ino<lesty  that  truth  u  ill  allow, 
an  sure,  it  is  'so  violent,  false,  and  absiinl, 
ktt  the  greatest  difficulty  must  be  to  believe 
■t  any  such  thing  was  alledgcd,  far  more  re- 
ined, and  sustained  in  judgment,  by  men  pro- 
aniig  only  reason,  far  less  religion. 

But  thirdly.  If  neither  the  E^l's  true,  ge- 
■ioe,  and  honest  sense,  nor  this  violent,  cor- 
«M,  and  false  sense,  will  satisfy;  let  us  try 
litt  tnnsposing  the  EarVs  expkination  will 
Kaodseehow  the  just  contrary  will  look. 
- — And  it  must  be  thus. 


Bnt  where  the  disease  is  in  the  will,  it  is 
lost  labour  to  apjdy  remedies  to  the  untler- 
standing ;  and  must  not  this  Ih*  indciM,  either 
the  oddest  treason,  or  strantri*st  discover}'  that 
ever  was  lieanl  of?  The  bisliop  of  I^linininnrli 
sf'fs  it  not,  witness  his  Vindication,  saying  the 
same,  and  more ;  nor  ninny  of  tlie  oithodox 
clergy,  ^\itness  their  explanations;  nor  hia 
royul  higluK'ss,  in  private ;  nor  at  first  in 
council,  nor  all  the  counsellors,  when  together 
at  the  (:oiinciI-Iioai*d ;  nor  the  presidout  of  the 
council,  nor  the  then  ])re8ident  of  the  session 
(now  chanoellor)  thouifh  he  rose  from  his  seat, 
to  l>e  sure  to  hear;  nor  any  of  the  most  learned 
lawyers,  witness  their  sigtied  Opinion ;  nor  the 
most  Ioanu>«l  of  the  jndgi's  on  the  bench  ;  nor 
the  ircncnility  of  the  knowing  p4M*soiis,  either 
in  Kcollund,  or  Kngland:  wonderful  troa}»ou 
one  day  seen  by  none,  another  dav  sreii  liy  so 
iiinny  f  A  stnnder-hy  hc.iring  tfie  tiiul,  and 
the  sentence,  said,  he  birlievetl  the  carl's  words 
were  hy  popish  magic  tnuisnlistantiate,  for  he 
saw  thcin  the  siune  as  iMifdro :  Another  an- 
swercf I,  tliat  he  verily  thought  it  was  so ;  for 
he  was  confident,  none  could  see  treason  in 
the  wonls,  that  would  not,  whenever  it  was  a 
proper  time,  readily  also  profess  his  iN'lief  of 
transulistantiation  :*bnt  he  believed  many  thai 
pndt'ssed  both,  lM'lieve«l  neitlier. 

The  seconil  head  (»f  tht>  carl's  o<lditional 
defence,  c.nitains  the  iin|H-rtinencics  and  ab- 
surdities of  the  adv  ocate's  arguin^s.  And  hert; 
you  must  not  expert  any  solid  debate ;  f'or  as 
there  is  no  disputi:ig  i\'A{\  those  that  deny 
principles,  so  as  little  with  thost?  who  h<*ap  up 
phantastieal  and  inconsecpiential  infeivncea, 
without  all  shadow  of  reason.     If  a  stone  he 


**  I  have  considered  the  Test,  nor  am  I  at  j  thrown,  thmigh  it  may  do  hurt,  vet  having 
I  denroui  to  give  obedience,  so  far  as  lean;  |  some  weight,  it  may  lie  thrrmn  liack  with 
f  101  confident  the  pailiament  intended  toini-  e<|ual,  or  more  force:  hut  if  a  man  tri;;  up  a 
Me  contradictory  oaths;  and  therefore  I  think  feather,  and  fling  it,  it  is  in  vain  to  throw  it 
Wf  man  can  explain  it  for  others,  as  well  as  back ;  and  the  moi-(>  strength,  tin-  less  snrrcss . 
V  hinadfy  and  take  it,  without  reconciling  it.    it  shall  Uieref ore  serve,  by  a  cursi^y  dii»course. 


iS5]    STATE  TRIALS,  SS  CaAKLVsU.l$(,l. ~Tr4ai(^t^e  Earl  vfArgiiU.   R 


3 


■  to  EKpone  IiIb  argiimenlfi,  which  nrr  in  cRert 
.  «ui(ir  iiiMivercd  tlwn  imdcntood  ;  uitl,  wiih- 
«nt  nny  sviiDiis  arciiing,  whicli  Iliey  connol 
bciT,  mtber  leaie  bim  to  be  wise  in  nix  nwn 
pycs,  ihan  by  I'm  tnucli  empty  Udk  Ija/anl  lo 
be  liko  him. 

He  alli'^es  tua,  Tiiat  Ibe  enr1,  iuslcnH  nf 
Ukiag  llieTcst  in  lis  {ilain  and  genuine  meHn- 
infc.,  as  he  oiigitt,  doth  declare  aeainst,  and 
dmnic  tli^  nd  l^t  enjoineil  it,  univli  is  cer- 
tainly >  gi'cnt  cnine :  but  now,  itiMmitch,  says 
the  advocate,  as  he  tells  us,  (hat  he  bad  ctiD- 
eidercd  the  Test:  whkh  I  ha»e  indeed  himrd 
say  WBB  his  greatest  crime ;  Rod  that  he  uu^t 
to  have  taken  it  with  a  profonnd  and  dewnnt 
ignorance,  as  some  of  our  most  inventiTC  poli- 
ticians boosted  they  had  done.  But  the  ettrl 
nys  thill  lie  was  desirous  t"  Rise  obedieuee,  as 
far  KB  he  coiJil ;  whc-reby,  tiays  the  ndfOcaK, 
he  insinuDtea  Ihal  he  was  not  able  to  give  fiill 
obedienee.  This  is  not  the  meauing ;  but  what 
if  it  were,  end  that  indeed  he  could  not?  Have 
not  thousands  given  no  obedience,  yet  even  in 
lawnrcgiiiltlew?  And  ought  not  that  to  please 
his  highiic**,  and  lliccouneil,  that  is  aec'epltil 
of  God  Almighty,  and  is  nil  any  mortal  can 
perCirmi'  Buitiieeari,sayslbeadvocate,goes 
on,  That  lie  was  coniideDl  the  parlianient  nercr 
inteMled  to  impose  contradictor]^  oitths ;  ttlipre* 
by,  «y8  the  advocate,  he  abtues  the  people 
^h  a  belief  that  the  parliament  did  intend  to 
iiaptwe  Diieh.  Wundei-ful  reasanin;;!  All  men 
know  that  intrliiuuents  neither  are,  nor  pretend 
to  he  inrallible :  and  in  oar  prcHeut  case,  hun- 
dreds of  loyul  sulijectii  complain  of  canlro- 
ilietions  and  indnrastencies,  some  way  or 
other,  crept  into  this  oath  ;  and  even  the  coun- 
cil have  yielded  so  fur  to  their  exceptions,  as 
to  make  an  alteration  upon  it,  for  satisfyinit 
those  scruples,  far  beyond  any  thing'  the  enri 
mid ;  and  such  an  alteration,  as,  I  believe,  lew 
dreuncd  nf;  and  1  am  cerlaiii,  none  dnr^t 
haye  attempted,  without  tlieir  express  com- 
mand and  Hiilhoiity :  and  yet,  in  the  midst  of 
all  this,  the  earl's  charitable  and  honest  opi- 
nion, in  behalf  of  the  parhameiii's  good  inten- 
tions, rauat  be  pervfrted  to  a  direct  slander. 
But  the  earl  says,  Hat  <^ery  man  must  ex- 
plain it  for  himself ;  and  so,  no  doubt,  he  must, 
•Tthe  Test  be  eitlier  in  itself,  or  in  bis  appre- 
hension, ambignons,  otherwise  how  can  he 
vwear  in  judgment?  Hut  this  the  advocate 
will  have  to  be  a  man's  own  sense,  and  there- 
upon rnns  out.  That  hereby  this  law  and  oath, 
and  all  lews  and  oaths  ere  rendered  tuneless, 
snd  to  no  purpose :  and  farther,  the  legislative 
jmwer  is  tnken  frrnn  the  iuiposer,  and  settled 
■n  the  taker  of  the  oath,  which  certainly  is  a 
most  Ireiisnniible  prrsnmptinn.  Btil  firet,  al- 
*hoinjh  tlific  be  »..  re:.s(.n  to  slmjn,  or  mistake 
thteipn-^Mi'ii,  111  ilii^ciirl  did  not  suy,  Tlwi 
ererynntn  must  take  the  Test  in  his  onii  sense. 
II.  I'hecoumrilhatb  nowexplained  theTest 
ArOeclei^':  might  not  then  the  earl,  before 
Ihcir  explunution  was  devised,  say,  by  the 
floOBcil'a  allomuiee,  which  he  hju).  That  he 
^fat  ezpUin  it  foi  himtdf  ?  For  if  u  am- 


biguous |>TopiMit>Bn  (the  Teat  fiireiBBiiA*)!!)*]! 
be  roconciled  to  itu'tl'twodilK^mil  vaysi  nnai 
nat  the  lalrer  rv^'oaoilc  it,  a«  in  hi*  on  warn 
ht>  ihbka  it  duih  best  agree  wttli  the  tmesf 
meaning  nf  the  words  tbetnsclrea,  udvak 
the  sense  he  conceivm  was  iniendnl  byAr 
parliament  that  formed  it,  especially  liefcre  lk> 
mriiament  einitlhdrowD  evplanattoa^  Aid* 
it  not  justertodo  it  ao,  thaninuiTottuTflm't 
aeii«e,  which  he  thinks  agrees  lew  mtti  Ar 
wonls,  albeit  they  may  he  Ifaouttlil  bj  ridun 
In  lw  in-Miieileablc  nnnllirr  «  ny  'f 

All  lliis  looks  like  dcugncfl  tabuLn 


lo  be  ambiguovs,  can  any  m 

unless,  in  want  of  the  iiu|f<wvr's  hdp,  Ih  d- 

plnin  it  for  himself. 

IV.  Was  ever  a  nau'a  explaininir  ua  aA 
for  hhnsetti  beliire  l^ing  it.   far  lew  his  IHi 

Sing  that  he  must  explain  it,  Mtm  W 
e  it,  alleged  to  be.  The  oveituniiiig  of  d 
laws  and  oaths,  and  the  usuritiog  of  ihv  In*- 
lative  power,  and  mdung  «i  new  Iswuf  (V 
(ainly  to  offer  to  answer  Mich  tliingw,  werv  • 
disparage  coiBiiwn  rcaaon. 

And  hslly,  this  is  strange  docrrinc  (nmiik 
advocate,  who  himself,  in  council,  did  aBat, 
not  ndy  the  *«rl  his  evi^anation,  bat  tbato- 

Elanalion  to  the  clergy,  contrary,  a«  appM, 
y  their  scrapks,  Wi'  what  tliey  that  Is^ 
thought  either  the  pnrKatnent's  desi^,  «  W 
plain  vrords  of  the  Ttst  c«vhl  bear,  laS  Of 
(ainly  iKfferent  frotn  the  sense  manylntltt- 
ready  taken  it  in,  and  wherein  othFTS  'Mr 
commanded  lo  take  ii.  And  whatevtr  tbeii 
vocate  may  caiil  to  insnarc  the  earl,  sntt  if 
will  not  allow  that  by  \m  explaining  diis  «|A 
he  himself  hath  taken  on  htm  the  legislstiTt 
power  of  the  paHiametil,  fcr  less,  thougii  k 
should  acknowledge  it,  will  any  believe  6m 
he  halh,  or  could  thereby  malic  aH  bwc  a 
oaths  useless?  By  tliis  yun  see  wlial  snaagt 
stuff  he  pleads,  which  deserves  no  answer. 

But,  says  the  advocate,  the  mrl  allimts,  St 
lakes  the  'the  Test,  '  only'  as  fur  as  it  consi* 
with  itself,  and  with  the  Protestant  relipaaj 
by  which  he  most  nialici«nsly  intinuatta,  M 
it  is  inconsistent  with  betb.  But,  fint.  Ml 
'  only'  b  not  the  eail's,  bnt  the  advocate'!  lir 
dition.  Secondly,  1  wonld  soberlv  fik  ttl 
advocate,  or  any  man,  whether  the  Test,  m) 
includes  the  Confession  in  general,  and  conN' 
<]uently  all  contained  in  it,  tvas  not  dte 
i  really,  or  at  1ea.-«t  might  not  have  been  fp' 
j  hoijed  to  be  inconsistent  with  itsctf?  Eh 
w^iai  was  the  tiae  or  sense  of  the  ccnnciTi  * 
'  planMion,  wherein  h  is  declared,  ThaiiHI 
prt>pti«tion  of  the  t<* 
the   Proti-stairt  rrirp* 


Lnd  <r  if 


rith^ri 


sistent,  or  apprehended  to  be  ao,  bov' 
the  earl,  or  any  honest  mas  twiai  jt  ■■ 
tenm,  with  a  s>fe  comcienee  f  Btit  Hi 
If  paifianienta  be  MlUe,  ao4  tbia  otA,  I 
ing  •mhigiioiia  neRied  Hia  cmndTX 
BUioa  lo  deer  it  from  CTwwrtgDrtw,  «i 


7]  STATE  TRIALS,  33  Charles  II.  108 1.— /or  High  Treason.  [959 


A'a  wonlsi,  when  he  was  to  swear.  That  lie  ! 
uk  it  in  90  thr  as  it  was  consistent,  he  in  this  ■ 
lae  iiiulentood  as  spoken  malttiously,  and 
ith  a  criminal  intent,  when  all  sense,  reason, 
id  reli^on,  nnade  this  caution  his  duty?  And 
it  be  so  criminal  for  one  ginn*^  to  swear,  to 
ippose  a  possibility  of*  inconsistencies  in  it,  is 

nrA  Tuaniiestly  more  criminal  in  others, 
ainly  to  confess  and  ^prant  that  there  are  in- 
msistencics  in  it,  after  they  have  swallowed 

in  gross,  witliuut  any  explanati<in  nhatso- 


Fcr? 


But,  says  the  advocate,  The  earl  htitli  in- 
enled  a  liew  way,  whereby  no  man  is  at  all 
ound  to  the  Test ;  tor  how  can  any  man  be 
oand,  if  lie  will  obey  only  ns  far  as  he  can  i* 
kod  yet  it  will  be  Irani,  e%en  for  the  advocate, 
wu^h  he  sometimes  attempts,  indeed,  more 
Ban  ne  and  all  the  world  with  him  can  do,  to 
sft  bow  a  man  can  obey  iUrther :  and  I  am 
me,  that  in  a  matter  of  this  kind,  viz.  The 
^ee  lender  of  an  oath,  all  discreet  men  will 
■dge  the  eari*s  offer  both  frank  and  oblipinc. 
*hen  be  asks,  To  what  the  carl  is  bound,  if  he 
Bond  no  furtlier  than  he  himself  can  obey  ? 
lanifest  confusion !  and  ne%'er  either  spoke  by 
Be  earl,  nor  at  all  pertinent  to  his  case  ;  be- 
idles  he  freely  acknowledpfcs,  that  all  men  are 
nanl  to  more  than  thcv  can  do;  or  so  far  as 
M  Test  is  coavistent  with  itself,  and  the  Pro- 
muit  reli^on  (a  Strang  doubtin*;  or  /  yet,  I 
ire  lav,  imports  as  much  as  his  majesty  ex- 
acts of  any,  and  more  than  the  advocate  will 
rtr  ner^unn).  But,  savs  the  advocate,  who 
ia  determioe  to  what'  the  earl  is  bound? 
kliich  says  plainly.  That  cither  the  Test 
Siees  with  itself,  and  the  Protestant  rel^rion 
I  nolhinpr.  or  that  the  Protestant  reliprinn  is 
mUd^,  both  which  tlie  earl  thinks  far  from 
•wh.  But  tlie  advocate's  rea<(oiiin<;r  reflects 
ir  more  on  the  coundrs  exj)lanution,  where 

b  plainly  said,  That  the  Confession  is  not 
Mm  to  in  the  Test,  but  only  the  Protestant 

a  ion  contained  in  the  ConVession  ;  so  that 
Votestant  religion  indefinitely  is  that  which 
\  aid  to  be  sworn  to.  Now,  nrny,  is  it  not 
aek  worse  for  a  man  to  sav,  That  by  takinc: 
le  Tctt  he  swears  only  to  the  Confession  as  it 
BBteioa  or  agrees  with  the  Proteshuit  religion 
ivhicli  is  in  effect  to  set  the  Protestant  religion 
I  finance  with  it<i  own  Confession,  and  so  to 
ipwch  and  ranverse  the  standard,  and  make 
«d  ihm  very  iccuritv  that  the  parliament  in- 
miai)  than  to  soy,  I'hat  he  swears  the  Test 
■  it  ifrees  with  itself  and  the  Protestant  reli- 
tev  which  imports  no  such  insinuation?  But 
ini  these  pleasant  principles,  he  jumi>s  into 
Mi  fimtastic  conclusion.  That  thereture  it  can- 
al bo  denied  but  thcearPs  interprc^tation  de- 
^M,  not  only  this  act,  but  all  govenuiKMit, 
Mnskoi  every  man's  conscioiH^  or  humour 
hs  tide  of  his  obedience. 
But  fiKtf  as  to  the  whole  of  his  urguinjr,  the 
■1  ■either  biTents,  says,  nor  does  an^  thing, 
HSpl  thai  he  ofleretl  his  e:\planati(iii  to  the 
nncilt  wMch  they  likewise  f<(.Hr(>pted.  Sf- 
Milyy  What  mad  inferences  are  thi;>»e!  You 


say,  you  will  explain  this  oath  for  yourself, 
therefore  you  o%eitum  uU  govenimeiit,  and 
what  not !  Whereas  it  is  iiianiiest,  on  the  other 
hand,  That  if  the  earl  apprehending,  as  he  had 
reason,  the  oath  to  be  ambiguous,  and  in  some 
things  inconsistent,  had  taken  it  without  ex- 
plaining it  for  himself,  or  respect  to  its  incoii- 
sisiteticy,  it  might  have  been  most  rationally 
concluded,  that  in  so  doing  he  was  both  im- 
piuas  and  perjurt>d.  Thirdly,  It  is  false,  that 
the  earl  doth  make  his  conscience  any  other 
way  the  rule  of  his  obedience,  than  as  all 
honest  men  ought  to  do :  that  is,  as  they  say. 
To  lie  rt'fiula  rii^ufata,  in  conibrmity  *to  the 
niidnubted  rc^*uia  rtgulansj  the  eternal  rules 
of  truth  and  riirhteousness,  as  is  manifest  by 
his  plain  wonls.  As  for  what  the  advocate 
iuslnnatcs  of  humour  instead  of  conscience,  it 
is  very  well  known  to  be  the  ordinary  I'cproach, 
whereby  men  that  have  no  conscience  endea- 
vour to  defame  it  in  others. 

But  the  advocate  is  again  at  it,  and  having 
run  himself  out  of  all  consequences,  he  iuuists 
and  inculcates,  that  the  earl  had  sworn  nothing. 
But  it  is  plain,  that  to  swear  nothing,  is  none 
of  the  crimes  libeli(>d.  hJecondly,  The  earl 
swears  positively  to  the  Test  as  it  ls  consistent 
with  itself  and  the  Protestant  Religion,  which 
certainly  is  sometliing;  unless  the  advocate 
prove,  as  ho  insinuates,  that  there  is  nothing 
in  the  Test  consistent  with  cither.  And  3dly, 
If  the  Protestant  Kelson,  and  the  earl  His 
reference  to  it,  be  nothing,  then  is  not  only  the 
council  sadly  reproached,  who,  in  their  ex- 
planation, declare  this  to  be  the  only  thing 
sn'om  to,  in  the  first  part  of  the  Test,  Ibut  our 
rchgion  quito  subverted,  as  far  as  tliis  Test  can 
do  it. 

But  next  for  the  treason,  the  advocate  says. 
That  the  earl  expressly  declares,  he  means  not 
by  the  Test  to  bind  up  himself,  from  wishinpf, 
of  endeavouring,  in  his  stiitioii,  and  in  a  lawful 
way,  any  alteration  he  shall  thuik  fur  the  ad- 
vailtage  of  church  or  state ;  whereby,  says  he, 
the  earl  declares  himself,  and  others,  loosed 
from  any  (»hlig»tion  to  the  government  and 
from  the  duty  of  all  good  sufijects,  and  that 
thev  may  make  wh.it  alterations  tlicy  please. 
A  direct'  contrariety,  insteail  of  a  just  conse- 
quence ;  as  if  to  be  tit.-d  to  law,  religion,  and 
loyalty,  were  to  be  loosed  from  all  tlirec; 
can  tliere  he  a  flatter  an«l  nion*  ridiculous  con- 
tradiction?   Next,  the  advocate   pretoiwls   to 


vantaofo  of*  church  or  state.  But  first,  the 
€!arl  is  n<it,  nor  cannot  be?  accusal  of  so  much 
as  wishing,  much  less  endeavouring  or  making 
any  alteration,  either  in  church  of  state,  only 
he  reserves  to  himself  the  same  free<lom,  for 
wishing,  which  he  hatl  befon:  his  oath,  and  that 
all  that  ha>e  taken  it  do  in  effect  s;iy  they 
still  retain.  «Jdly,  For  a  man  to  endeaunir,  m 
his  station,  and  in  a  lawful  way,  siuh  altera- 
tions in  chunh  w  stote,  as  b<"  n>n«ei*es  to 
iheir  advantat'e,  not  repugnant  to  religion  and 


959]    STATE  TRIALS,  33  Charles  11.  i6si.'-^TiialofiheE&rlofj4rg^ 

loyalty,  is  so  far  fi*om  lieing  trcnsoii,  lliat  it  is 
the  duty  of  every  subject ,4^n(l  the  sworn  clutv 
of  all  *his  majesty  *8  euuusellors,  and  of  all 
members  of  |mrliament :  but  the  advocate  by 
fancying,  and  liiisapjdyinrr  laws  of  nations, 
wresting  acts  of  parliaments,  adding,  taking 
away,  euonping  and  changing  words,  thinks 
to  conclude  wnat  he  pleases.  And  thus  he 
proceeds,  that  the  tr»Lson  of  making  altera- 
tions, is  not  taken  otf  by  sucli  qualifications,  of 
making  them  in  a  lawful  way,  in  one's  station, 
to  the  advantag(*  of  church  or  state,  and  not 
repugnant  to  religion  or  (oyalty.  But  how 
then  ?  Here  is  a  strange  matter !  Hundreds 
of  alterations  ha\e  been  made  within  these  few 
years,  in  our  government,  and  in  very  material 
|)oints  y  and  die  king's  best  subjects,  and 
greatest  favourites,  have  both  endeavoure<l, 
and  elfectuate  them  :  and  yet,  because  the 
things  were  done  acconhng  to  the  earl's  quali- 
fications, instead  of  being  accounted  treason, 
they  have  been  highly  commended  and  re- 
warded.   The  treasury  hath  been  sometimes 


so  he  would  make  men  believe  tha 
for  making  all  or  any,  without  an 
whereas  the  earl's  words  ore  rac 
that  he  is,  Neither  for  making  all  i 
only  for  wishing  and  endea^-onriiiff 
are  good  and  lawliil,  and  in  a  w 
which  no  man  can  disown,  witho 
common  reason  ;  nor  no  sworn  cov 
claim,  without  nuinifest  perjury.  ] 
vocate's  last  conceit  is,  That  the 
striction  is  not  as  the  king  shall  thi 
is  consistent  with  the  law,  but  tha 
still  to  bejudgeof  this,  and  hisloi 
the  standard.  But  first,  the  earl'! 
is  expressly  according  to  loyalty 
good  sense  is  the  same  with  accon 
and  the  very  thing  that  the  king  is 
posed  to  think.  Secondly,  as  neitb 
vocatc,  nor  any  other  hitherto,  have 
to  distinguish  the  exercise  and  act 
earl's  loyalty,  from  those  of  his  maj 
subjects  ;  so  it  not  a  roan'ellous  ' 
the  advocate  should  profess  to  th 
reality  he  cannot  think  it)  the  earl's 


in  the  hands  of  a  treasurer,  sometimes  put  into 

m  coiimiission  backivard  and  forward  :  and  the    loyalty  which  all  men  see  to  be  the 
senators  of  the  college  oi'  justice  (the  right  of  j  liis  duty  and  fidelity,  or  what  els 
whose  phices  was  thought  to  be  founded  on  an     * "     "     '  * 
act  of  parliament,  giving  his  majesty  the  pre- 
rogative 'only  of  presenting)  are  now  com- 
missioned by  a  patent  under  the  great  seal, 
both  w  liich  are  con.sidcrable  altei-ations  in  the 
govemntent,  wliich  somehave  opposed,  others, 
liare  wished  and  endeavoured,  and  yet  without 
i'll  iVar  of  treason  dii  <  iUu-r  hand  ;  only  be- 
i-aust;  llicy  atted  actortliiiii:  t»»  those  <|naliHca- 
tions,  in  a  lav^ful  way,  and  not  n  imj^nant  lo 
relii»'ion  anfjloyalty.     But  that  w  hicii  the  ad 


him  to  his  prince,  capable  of  any  f\ 
more  to  be  a  ground  of  so  hornd 
tion  ?  And  whereas  the  advocate  sai 
is  still  to  be  judge  of  this ;  it  is  but 
calumny,  it  being  as  plain  as  any  th 
that  the  earl  doth  nowb^e  design  his 
lie  tlie  rule  of  right  and  wrong ;  but 
(ions  it  as  the  necessary  applicati< 
«'\ee!lent  and  unerrinir  rules  of  le 
and  n-a^on  ;  to  whieh  \\v  plainK  i 
snhjo<-ts  both  his  thinkin'jr  and  hini 


vociite  uiltiill}  niistake*^  (loiit  is  inipossifde  he  I  judged  aec(n'dinnly.     15y  which  ii 


coultl  do  ititruoriintlv)  is.  tliat  he  will  ha^o  tlie 
endeavouring  of  aherations  in  ijeneral.  not  to 
beef  its«'li'a  tliinif  indifTcront,  and  oidy  deter- 
minable to  be  good  or  evil  b\  its  qualilications 
(as  all  men  s-je  it  plainU  to  be)  but  to  be,  for- 
liooth  ill  tliisvery  generality  intrinsically  evil  ; 
a  notion  never  to  be  admitted  on  earth,  in  the 
frail  and  fallible  eoiuhtion  of  hunmn  ati'airs. 
And  then  he  would  establish  this  wise  |M>sition 
by  an  example  he  addiu^'s.  That  rising  in  arms 
against  the  k'lnix  (H)r  so  sure  he  means,  it  being 


that  the  vnvVs  restriction  is  rather 
more  dutiful  than  that  which  thi 
seems  to  desiderate:  and  if  the 
strictipiis  had  not  been  full  cnoui^h, 
advocati''s  part,  before  ad  mini  stmt  in 
fo  ha>e  eravinl  what  more  he  tln'ii; 
sar\,  which  the  earl,  in  the  <-ase, 
lia\e  reiused.  Jiut  it  is  lv-liev«Hl,  li 
ean  yet  hanlly  propostt  iestricti«>ns 
and  suitable  to  duty  than  the  fore- 
ni'  relii>i«>n,  law  and  rea«-:on,  whic 
1  di<l  of  hinisi'lf  pi»)l'er.     As  tor  w  h; 


utherw  ise  eertairi  that  rising  in  arms  in  irencral 

IS  also  a  thing  indilferent,  and   plainly  deter-  i  jest\ 's  advo<*ate  atlds.  That   und«»r 

rninable  to  he  either  good  or  evil,  as  done  with  i  ti»ssions  and  reservo-,  tiie  late  rel> 

:)r  against  the  king's  authorit})  is  treason,  and  |  tlisorders  have    all    been  carrietl  o 

says,    11*  the  earl  had  reserved   to  himself  a  i  mented,  it  is  hut  a  merevapi»ur; 


liberty  to  rise  in  arms  ai^ainst  the  king,  though 
h<'  iiad  additl  in  a  lawful  manner,  >  et  it  w onld 
rK)t  liav  e  avaiietl,  because,  (and  he  says  well) 
this  \H'\nir  in  its<  If  unlawful,  the  qualification 
had  been  hut  shams  ai-il  cntviMy  facto.  But 
why  then  doth  not  his  own  rciison  convince 
him  w  hen-  tlie  ditference  lies  1'  \  iz.  'i'liat  i  ising 
ia  ai-ms  against  the  kiny:,  i^  iu  itself  unlav\  fid  ; 
whereas  endeavouring  uUerat ions  is  onl\  l;»vv- 
ful,  or  unlawful,  as  it  is  (lualitied  ;  an<l,  if  tnieters,  to  find  tuit  a  e;\se  nf  the  U 
qualified  in  the  earl's  terms,  ean  ne\er  he  un-  tifulncss,  much  hss  of  reU'llion,  tl 
lawful.  But,  says  the  advocate,  the  earl  de- 
clares bimsvlf  free  to  make  all  ulteratiuas,  i>nd 

4 


hellion  ever  was,  or  can  he,  withou 
of  one  or  other  <d'  the  earl's  qtial 
which  dtith  sutHciently  vindicate  th 
tilt  i-arl's  e.\;)laiiation. 

The  adv  oeatr  insists  liiuch,  that "  ai 
valeiitto'  ail ,'  and  that*  aU'eomprvh 
particular  i:u<!ei-  it  :  which  he.  wou 
he  tlo'  ileadly  pois«)n  in  the  earl's  w 
^(.t  the  e.trl   may  detS  him  and  a 


can  be  guilty  of,  while  he  keeps  if 
excellent  rul's  and  Umitatioiis  wbe 


I 

t 


fSl j  OTATE  TRIALS,  33  Chables  If.  1^81.— /or  High  TYetstm. 


[96* 


'  ■»■:. 

■  \l 

-  f 


WtKdm  arc  eantioiied.  I  could  tell  yon  further, 
ttttt  ao  uugioary,  or  rather  extravagant,  aatl 
4diciiloui  u  this  pretended  treasun,  th'Jt  there 
llBOt  a  person  in  Soothmd,  either  of  those  who 
Ipne  renued,  or  who  by  the  act,  are  not  called 
tetake  the  Test,  that  may  not  upon  the  same 

Cnd  and  woitb  be  impeached,  viz.  Thnt 
are  not  bound  (and  so  without  doubt  both 
Mr  nhd  do. say  it)  by  the  Teist,  in  their  station, 
g"  to  Mrish  and  endeavour  any  alteration,  (Sfc. 
<hy»  1  desire  the  advocato  to  pro«hu*c  the  man 
^■Mff  those  that  have  tHl;en  the  Test,  that 
•ffi  affirm,  tliat  by  takiu;^  it  he  hath  bound  up 
■■■•If  never  to  wish  or  endeavour  any  aller- 
^''"ttf  .&c.  aooordiug  to  the  eaiVs  qualifications, 
^d  I  tiM  name  hundred?}  (to  whom  his  high- 
■js,  as  yon  have  heani,  may  be  added)  that 
Wl  sty  they  arc  not  bound  uji. 
'  8o  tnat  by  .this  conclusion,  if  it  were  yielded, 
.-^■Soodaiid  are  equally  guilty  of  tiieason,  the 
'glycate  himself,  to  say  nothing  of  his  royal 
TW^ttcfli,  not  excepted  :  or  if  he  still  think' he 
^I  wish  he  would  testify  uiuler  his  hand  to 
***«orid,  that,  by  his  oath  he  is  bound  up 


^•^  to  wish,  nor  endeavour  any  alteration 
la.diinks  to  the  advantage  of  church  or 
Me^.in  a  lawful  way,  nor  in  his  station, 
tti^  neither  repugnant  to  the  Protestant 
M%I0D,  nor  his  lo)ralty.  And  if  this  he  do,  he 
ilBi  as  a  man,  if  not  of  sense,  at  least  of 
.pnonr ;  but  if  not,  I  leave  a  blank  for  hi^ 


a    ant, 


Bat  that  you  may  see  that  this  whole  affair 
iiadeepmvstery,  pray,  notice  what  is  object- 
id  i^(ainst  tne  last  part  of  the  explanation :  *•  This 
?  londerstand  as  a  iiart  of  my  oath. '  \Vbi<;h, 
■yi  the  advocate,  is  a  treasonable  invasion 
l^pOB  the  royal  legislative  power,  as  if  the 
ciri  could  make  to  himself  an  act  of  parlia- 
ment, ainoe  he  who  fan  make  any  part  of  an 
aBt;inav  make  the  whole.  And  then  say  I, 
faewdl  all  takers  of  the  Test  with  an  expla- 
■ilioD,  wliether  tlie  Orthodox  clergy,  or  earl 
QaeeDsbnry  (though  hi fnself  justice  general) 
vho  were  allowed  by  tlic  couucil  so  to  do  ; 
jHHMr  that  whether  they  hold  their  explana- 
Hon  for  a  ^lart  of  their  oath  or  not,  yet  others 
my  ;  and  m  effect  all  men  of  sense  do  under- 
fMnd  it  so :  and  thus,  in  the  advocate's  opi- 
■ioD,  they  have  treasonably  invaded  the  legis- 
^^^ —  power,  and  made  an  act  of  parliament  to 
*  ^cs:  neither,  in  tliat  case,  can  the 
allowance  escu^  them,  seeuig  not 
eidy  the  earl  had  it,  as  well  as  they  ;  but  even 
f^  oooncil  itself  cannot  make  an  act  of  par- 
lianent,  either  for  themselves,  or  others,  liut, 
Sr,  I  protest,  I  am  both  ashamed  and  wearied 
ef  .ttna  trifling ;  and  therefore  to  shut  up  tliis 
^eid,  I  shall  only  give  a  few  remarks :  first, 
ym  uav  see,  by  the  acts  of  parliament  upon 
Jvlndi  tne  advocate  founds  his  indictment,  that 
fm  to  lea»ng[-making  and  depraving  laws,  all 
4f  then  run  in  these  plain  and  seuuiole  tcnns  ; 
lihe  inventuig  of  narrations,  the  making  and 
teffing'  of  lies,  the  uttering  of  wi«:ke<l  and  uu- 
Inio  cahimnies,  to  die  slander  of  kinp:  and  go- 
fiORiiiieiit^  tht  depraving  of  his  laws  and  mis- 

TOL.  Till. 


construing  hj^  proceedings,  to  the  engcnderinf? 
of  discordi,  movin*;  and  raising  of  hatred  ana 
dislike  betwixt  the  king  and  his  people.  And, 
as  to  treason,  in  those  yet  more  jKisltive  tonus  ; 
that  none  impugn  the  dignity  and  autliority  of 
the  thitie  estates,  or  week,  or  prttcure  the  inno- 
vation, or  diminution  thereof.  Which  ar« 
things  so  palpable,  und  easily  discerned,  an<l 
withal  so  infinitely  remote  both  from  the  earl's 
words  and  intentions,  or  any  tolerable  con- 
struction can  be  put  on  either,  that  i  confess,  I 
never  read  this  indictment,  but  1  was  made  to 
wr>nder  that  its  forger  and  makor  was  n(»t  in 
looking  on  it,  dctoirud  by  the  just  apprehen- 
sions he  might  have,  not  only  to  be  sometinitt 
accused  as  a  manifest  depraver  of  all  law,  but 
to  be  for  ever  accounted  a  gross,  and  most 
disingenuous  pci-veiter  of  common  sense.  The 
eai  Vs  wordij  are  sober,  rcsjiectful,  anil  dutifully 
spoken,  tor  the  exonenition  of  his  own  consci- 
ence, witliout  the  least  insinuation  of  cither  re- 
ilecticMi  or  slander,  nmeli  Ic.'is  the  impugning  of 
the  aiiliiority  of  jiarliament,  as  the  earl  may 
appeal,  not  only  to  liis  majcaty's  true  and  royal 
sense,  but  to  the  most  scrupulous  and  nice 
affecUirs  of  tlie  exactest  discL-ming  ;  besides 
that  they  were  hrst  formally  tendered  in  coun- 
cil, for  their  approbation,  and  by  them  directly 
allowed  :  how  tlien  t^an  any  man  think,  that 
they  could  be  charge<l  v.ith  the  greatest  and 
vilest  of'  crimes,  leasing -making,  depraving, 
I>erjury,  and  treason  ?  But  the  advocate  tells 
us,  that  there  are  some  things  which  the  lavf 
couimonly  forbids  in  general,  and  that  some 
inferences  arc  as  natural  and  strong,  and  re- 
proach as  soon  or  sooner  than  the  plainest  defa- 
mations. But  what  of  all  this  1'  3Iust  there- 
fore such  generals  tie  lef\  to  the  pliantastic  ap- 
plication of  every  wild  imagination,  to  tlie  con- 
founding of  tlie  use  of  six 'efrh,  and  siiL  verting 
of  human  society,  and  not  rather  be  still  sub- 
mitted to  the  judgment  of  connnon  sense,  for 
their  true  and  right  under^tanding,  ancl  the 
deducing  thence  tltcse  strong  and  natural  in- 
ferences talked  of?  Of  wliicli  good  sense,  if 
the  advocate  do  but  allow  a  grain  weight,  it  is 
evident  that  the  inl'erences  he  here  Uljels 
against  the  earl,  must  intallibly  he  cast,  and  by 
all  rationdl  unbiassed  men  be  found  strange, 
unnatural,  and  monstrous. 

For,  Sir,  secondly,  pray  observe  these  ra- 
tional and  sound  maxims  he  sounds  his  infer- 
ences on,  and  they  are  manifestly  these  :  first. 
That  he  who  says  lie  will  only  obey  as  far  as 
he  can,  invents  a  new  way  whereby  no  man  is 
at  all  bound  to  obey.  Sdly,  Thnt'^  he  who  in 
the  midst  of  hundreds  of  exceptions  and  con- 
tradictions, objected  o gainst  an  oath  injoined 
by  act  of  pai'liament,  and  still  unanswerL-d, 
says,  that  he  is  confident  tlie  parliament  never 
intended  to  impose  contradictory  oaths,  re- 
proaches  the  parliament.  3dly,  That  he  that 
says  he  umst  explain  au  ambiguous  oath  for 
himself  befi>re  he  take  it,  I'endcrs  all  laws 
and  oaths  useless,  and  makes  himself  the  le- 
gislator. 4tlily,  That  he  that  says  tliut  he 
takes  this  oath,  as  far  as  it  is  ct^u^iistcttt  with 


ilKlf,  and  rite  FrotestBDl  religkiD,  gn«im  nO' 
thin^-  ailtly,  Thut  Ite  that  declares  tiimsFlf 
mil  tied  up  by  llic  Tert  Iroin  eDdeaToiirius,  in 
•  Isitfiil  -way.  Bitch  alleTation  an  he  thinEi  to 
Ae  advantage  ofclmrcb  nod  sMtc,  coDaialenl 
with  rehpon  and  loyalty,  declares  himself,  anil 
all  otliers,  looiitxl  from  the  gorerntn^nt,  and  all 
duty  to  it,  sad  I'ree  ba  make  any,  and  all  altera- 
tions that  he  pleases.  And  Gihly,  That  he  that 
takes  the  Test  with  an  eiplannliOD,  aiid  holds 
il  to  be  a  pail  of  his  oath,  inrades  (he 
legislative   power,  and  makes  acts  iif  parlia- 

Upon  which  rare  and  e.vcelleDl  pr<i|)osi lions, 
I  dare  sa^,  the  earl  is  tontmt,  aceordin^  to 
the  bMtJud^ent  that  you  and  ell  unUiassed 
men  can  make,  either  of  their  tmth,  or  of  luy 
ii^iiuity  in  exceming  them,  to  be  adjudged 
Guilty  or  not  Guilty,  without  the  leost  fear  or 
i^prehensiDnof  the  ixaue. 

Add  ia  the  third  and  last  place,  I  shall  only 
intreat  you  to  try  how  the  advociLle's  reasoning 
will  proi^eed  in  other  cases,  and  what  bi-are 
woi'k  may  be  wronglit  by  so  useful  a  tool. 
Suppose  then  a  man  refuse  the  test  simply,  or 
l^lls  iiilu  any  other  kind  of  nonconformity, 
dther  civil  orecclesiastic,  or  pays  not  the  king's 
ouslom,  or  otlier  dues ;  or  lastly,  understands 
an  act  olberwii<e  than  the  advocate  thinks  he 
■Mould,  is  not  bis  indietmetit  already  Ibriaed, 
■nd  his  process  as  good  as  tnade?  fa.  That 
he  regurds  not  the  law  ;  that  he  thinks  it  is 
unjustly  or  foolishly  enacted  ;  that  be  will  oaly 
obey  as  far  as  he  can,  and  as  he  pleases,  and 
thereby  renders  all  laws  nstless,  and  so  re- 
proaches itie  kin(i  and  parliament,  and  impugns 
their  nudiority,  and  assumes  to  himself  the  le- 
^iativeponer,  and  therefore  is  guilty  of  lea- 


oroncor  otlier  of  ihcni,  he  is  actor,  art,  and 
part :  which  bi'in;^  found  by  an  assize,  he 
ought  to  he  punished  with  tlie  pains  of  death, 
foi^Gultiire  and  escheat  nf  lands  and  goods,  to 
the  terror  of  others  to  do  or  commit  the  like 
bereafler.  And,  if  tber«be  iound  a  convenient 
jndffe  tlie  poor  man  is  undoubtedly  losl. 

llut,  Hir,  having  drawn  this  parallel,  ralhcr 
to  rtitrieve  the  ead's  case,  than  to  make  it  a 
precedent,  which,  I  hope,  it  shall  never  be,  and 
cbusing  rather  to  leate  the  ailvorate  than 
follow  him  iu  bis  follies,  I  forbear  to  m-ge  it 
further.  ^ 

These  things  considered,  mnM  it  not  appear 
Btran^,  beyond  expression,  how  the  carl's 
explaration,  such  as  it  is,  did  foil  under  such 
cnonuoua  and  grievous  misconstiuctiDns :  for, 
■etting  aade  the  council's  ollawanee  and  appro- 
bation, (tvbii-h  comes  to  be  con^ered  under 
the  neit  head)  suppose  the  earl,  or  any  other 
person  tailed  1)dbre  the  council,  and  there  re- 
quired to  take  the  Test,  had,  in  all  due 
frimilily,  said,  either  tlial  he  could  not  at  all 
take  it,  or,  at  least  nut  without  nu  explanatiin, 
lii.'cause  the  Test  did  conUin  jiucli  things,  as, 
[Kit  nnlv  he,  hut  many  otlier,  and  those  the  brat 
of  die  loyal  and  orlboilox  clergy,  did  ^prebend 


to  be  contradictions,  -and  ii 
thereupon  had  jiropuued  one  or  two 
tbe  papers  above  set  down  plainlv  mo 
nut.  and  the  bishop  in  his  explanatii 
evades  than  answers  ;  would  il  nM 
beyond  all  the  measures  of  eqoily, 
rity,  to  look  upon  this  as  ft  deugncd  t 
litr  more  a  malicious  and  wicked  alui 
the  blackest  treason  ?  Weseelheacli 
ment  doth  not  absolutely  cl^oin  the 
the  Test,  hut  only  pri^iosetli  it  to  so 
intrusted  in  the  goreminent,  with  die 
certiflcatioD,  either  of  losing,  or  boh 
trusts,  at  their  o]ition.  '  We  know  all 
cases  of  this  nature,  il  ia  far  more  tuil 
to  our  christian  Uberty,  and  the  lespoc 
ti>  a  christiati  magistrate,  |i 


and  fear,  than 


a  mute  coiDp« 


vithn 


npcweiH 
ibbora   0 

And  lastly,  It  is  certain,  and  may  i 
affirmed,  without  the  least  repmacb, 
liaments  are  not  infallible ;  as  witoea 
and  abrogal 
altering  uf  oaths  ii 
;  and  even  ufthls  oath,  al) 
presented,  whicli  the  earl  was  nut  (at 
so  much  an  il  was  done,  as  I  tuld  vm 
how  then  can  il  be,  that  the  earl  i 
before  a  christiui  council,  and  there 
in  terms,  u  the  worst  a  littk-  obacntv, 
too  lender,  and  modest,  his  scruples  i 
presented  to  him,  either  to  be  freely 
nrfbsetl,  should  fall  under  any  censur 
earl  had,  in  this  occasion .  said  be  > 
lake  the  Test,  unless  liberty  were  g 
first  to  explain  himself,  bs  to  sntne  < 
lions,  and  inoon^islencies,  which  he  ' 
to  be  in  il,  though  he  had  said  far  mo 
contained  in  his  mntmrerted  expUn 
he  had  said  nothing  but  what  christia 
hath  often  freely  uluwed  ;  and  chrit 
rity  woukl  readily  construe  for  an  h 
pression  of  acommendable  troderiMw 
any  impotatinn  of  reproach  against  ei 
or  parliament.  Mow  much  moretbea 
clear  and  innncenl,whea  .albeit  so  man 
the  contradictions  lobe  iindcniahlc, 
was  his   well -tempered  respect,  boti 


jesty's  authority,  that  betbre,  and  not 
t^ing  of  his  oa'lh,  lo  clear  himself  (m 
nf  the  many  exceptions  and  scruplea 
all  ambiguities  in  aweariiig,  he  Ar 
himself,  lor  a  satisfying  explanaijon,  n 
Lament,  the  prime  imposers,  Iheir  tn 
lioits  and  ^nuine  meaning,  and  iben ; 
it  very  rahonalV,  fiijm  the  oath's  « 
with  itself,  anif  wiih  the  ProteetaM 
the  parliament's  aim  and  scop?,  and 
ing  the  king  and  parliament's  tralll 
nour,  he  places  the  relief  and  <|tiilta 
conscience  in  his  taking  the  1^  wH 

tianation,  and  in  declaring  its  caop 
is  oath,  and  duty  of  aJh-irianoe. 
The  third  heail  oftheearl't  addi 
fbnecs,  is  tbe  fwtltei  dearing  aptl 


^  i 


I 


STATE  TRIALS,  33  Charles  II.  l68l.— /«r  EKgh  Treason. 


I  grounds  of  excfulpation,  ahore  adduced 
ejpeUed :  which  were,  first,  that  before  the 
Old  offer  his  explanation  to  the  council,  a 
:  many  papers  were  i^pi-ead  abroad  by  some 
e  orthodox  clergy,  charging  the  Test  with 
■dictions  and  inconsistencies.  Sdly,  That 
was  a  paper  penned  by  a  reverend  mshop, 
»resGDted  and  read  in  council,  and  by  them 
led  to  be  printe<1,  wliich  did  contain  the 
,  and  &r  more  important  things  than  any 
lie  Ibund  in  the  earl's  exjilanation  :  and 
iquently,  far  more  obnoxious  to  all  his  ma- 
's advocate's  accusations.  3dly ,  That  the 
nation  upon  which  he  was  indicted  was 
dy  by  himself  de«;lared  in  council,  and  by 
Mincii  allowed  ;  so  tliat  the  oath  was  ad- 
trate  to  him,  and  he  received  to  sit  in 
Til,  and  vote,  by  his  highness,  and  the  rest 
e  members^  with,  and  under  this  express 
icalion. 

(t,  to  all  urged  for  the  earl's  exculpation, 
Mhrocate  makes  one  short  answer,   viz. 
if  the  earl's  paper  did  infertile  crimes 
^  on  it,  a  thousand  the  like  oflTenccs 
It  excuse  it.    And  his  majesty  is  free  to 
le  the  oflenders,  M'hcn,  and  in  what  order, 
inks  fit :  which  answer  doth  indeed  leave 
Mmcil,  and  all  concerned,  in  his  majesty's 
J :    but  that  it  doth  no  way  satiny  the 
plea,  is  manifest :  for,  the  first  c^-ound  of 
pation,  viz.  That  before  the  earl  did  offer 
nianation,  a  great  many  papers,  writ  by 
tbodox  clergy,  and  others,  were  abroad, 
ing  the  Test  with  contradictions,  ^c.  was 
ledged  by  the  earl  merely  to  justify  his 
Bation  by  the  midtitude  of  the  like  pafiers, 
»  to  provifle  for  an  escape  in  the  crowd  :' 
lie  earl  having  most  rationally  pleaded, 
is  explanation  was  given  in  by  him,  af\cr 
many  scruples  and  obJK^ions  raised  by 
I  were  abroad,  it  was  a  good  plea,  from  a 
iregnant  circumstance,  clearing  both  tlie  > 
I,  ixA  sense  of  his  words,  from  the  foul  I 
iions   of   reproaching,    and   clfpravirig,  j 
D  npon  them :    seeing  the  words  spoken 
n  under  the  motive  of  such  a  ciumm-  | 
t,  by  all  fair  rules  of  intcqiretation,  instead  ; 
ig  judgcnl  niisconstniing  ;uhI  depriving,  j 
only  be  understood  as  a  sca'^mnijio  as- 
\  Of  the  integrity  of  the  parlihrneiifs  in- 
M,  and  the  uprightness  of  the  curl's  con- 
e  ;  which  argument  lieing  in  reason  un< 
ndile,it  necessarily  follows,  tliattheadvu-  | 
rFtmn  to  the  first  ground  was  nH'.her  • 
ent,  nor  pertinent,  and  that  therefore  tlic  ' 
Httion  was  uijustly  repelled.     But  next, 
Dond  ground  of  cxculpntiftn  is  so  far  from  ' 
■aawmdbythe  advocate,  tliat  it  does  ; 
paar  it  was'so  much  as  uiiderstmMl ;  for,  • 
ri'a  argument  being,  that  words  allowed  ' 

r^en  by  the  council,  can  never  fall  ! 
aocnsation,  either  of  leasing-- making 
idefing  l]ismajest}''s  prweediugs,  or  dc- 
%  bww,  and  acts  of  parUauient,  as  is 
t  in  itself,  and  granted  by  the  advocate, 
hs  taya  diat  an  explanation,  thont;h  fp- 
^«Aflie Jong  and  govemineut  (which 


the  earl's  was  not)  yet,  if  allowed  by  the  coun- 
cil, is  to  be  sustained.    But  so  it  is,  that  the 
council  hath  allowed  the  words  contained  in 
this  explanation  contraverted,  both  in  them- 
selves, and  also  in  their  equivalent,  and  far 
more   important  expressions:  as  for  instance, 
not  only  oy  accepting  the  earl's  explanation 
(as  shall  be  cleared  m  the  next  place)  but  by 
giving  warrand  for  the  publication  of  the  bishop 
of  £diubur§^  his  Vindication  ;  wherein  first, 
for  obviating  the  contradictions  objected  from 
the  confession  of  faith,  he  positively  asserts, 
that  by  the  Test  men  do  not  swear  to  owtf 
every  article  of  that  confession ;  and  yet  tha 
Test  binds  expressly  to  believe  that  confession  to 
be  founded  on,  and  agreeable  to  the  word  of  God, 
and  never  to  consent  to  any  alteration  contrary 
I  thereto,  or  inconsistent  therewith  :    so  that  ha 
gives  both  the  Test  and  the  parliament  the  lie. 
And  then,  for  removing  anotlier  Bcru[de,  he 
tells  us.  That  by  the  Test  men  are  not  bound 
up  from  regular  endeavours  to  rectify  or  better 
the  established  government,  both  of  church  and 
state,  which  is  clearly  the  same  thing,  ^t 
not  so  well  cautioned)  with  that  wliich  in  tha 
earl's  case  is  made  a  ground  of  treason  :  from 
which  it  unquestionably  follows,  that  theearl'a 
words,  having  been  allowed,  and  approved  by 
the  council,  conld  never,  in  law,  or  reason,  he 
thereafter  made  a  ground  of  accusation,  by  any, 
much  less  by  themselves.     Now  I  desire  to 
know  where  the  advocate,  in  all  his  plea,  doth 
so  much  as  notice,  far  less  answer,  this  de- 
fence ;  or  what  his  telling  us,  a  thousand  t^" 
fences  of  the  like  nature  cloth  not  excuse  one, 
cither  doth,  or  can  signify  ?    seeing  this  ar- 
gument for  the  earl,  instead  of  pleading  excusea 
doth  justify  the  matter,  and  for  ever  purge  all 
shadow  of  offence,  or  ground  of  quarrel,  which 
will  be  yet  more  appartMit,  when  you  shall  add 
to  this  the  third  ground  of  the  carl's  exculpation^ 
viz.  That  the  explanation,  whereupon  the  earl 
M'as  indicted,   was   publicly    by  himself  de- 
clared in  council,  allowed  and  accepted :  In- 
somuch, as,  aAcr  he  had  given  his  explanation 
as  the  sense  wherein  he  was  free  to  swear  the 
Tost,  the  oath  was  thereupon  administrate  to 
hiui,  and  he  n^ccived  to  sit,  and  vote  as  a 
counsellor.     Whcnhy  it  is  evident,  that,  by 
this  allowance,  and  acceptance,  the  earl's  expla- 
nation became  the  council's,   as  much  as  if, 
att^n*  the  earl's  pronouncing  the  words,  they 
had  \trhat\m  repeated  them,  and    told  him, 
they  were  satisfietl  he  should  swear  the  Test 
in  these  terms  :  and  whether  this  ought  not  to 
be  a  sufficient  exonf'ration  to  the  carl,  let  all 
men  judge.    The  advocate  makes  a  noise,  that 
in  the  caise  of  an  oath  required,  the  taker  ought 
to  swear  it  in  the  sense  of  the  imposer,( which 
none  doubts)  and  then  runs  out,  that  the  earl 
in  place  of  takuig  it  in  the  imposer's  sense,  did 
unwnrrantaldy  intend  a  Sfnseof  his  own,  to  the 
eluding  and  frustrating  of  the  obligation  of  this 
and  nil  other  oaths.     But  all  this  is  nothing  to 
the  purpose  ;  for  waving  that  in  the  carl's  case 
it  is  HKist  impertinent  to  talk  of  his  ol»truding 
of  a  8en«e  to  the  eluding,  and  frustrating  of  the 


967]    STATE  TRIALS,  33  Charles  IL  1681.— rr/fl/D/Zik*  Ear/ •/Agyfc.    [5ft 


obligation  of  his  oath,  sceiniif  \m  oath  was  not 
then  pvcinor  at  all  in  beii)«r,  it  w  expret^sly  al- 
ledfTf^  hv  the  ciirU  anil  notour  that  the  exphi- 
nation  tendei^l  hv  him,  when  called  to  take 
the  Test,  was  arcc|itL'd  by  the  council,  and  the 
oath  t]iereii|N»n  athninistrated,  and  so  the  earl 
freely  joins  issue  with  the  advocate,  and  ac- 
knowlcil^insr  that  tht>  taker  of  the  oath  ought 
to  swear  in  thc^  seuNc  of  llie  iniposcr,  subsumes 
'  in  terminifi,'  that  he  himself  did  swcur  so,  and 
not  otherwise,  iiiiismueh  as  he  did  swear  in  a 
sense  accepted  by  the  council,  1>cforc  he  ^vc 
hi3  oath,  as  is  evulent.     1.  By  their  conunand- 
ing  him  to  sit  ufler  ho  had  sworn  ;  and  2.  In 
that  neither  the  advocate,  nor  any  other,  luid 
ever  the  confidence  to  f|uarrcl  his  sittinuf,  as  a 
breach  of  the  law,  which   no  doubt  they  had 
done;  if  not.convi'.iced  that  by  taking'  the'oath, 
he  had  satisfied  the  act  of  parliament ;  which 
things,  in  true  dealin<;^,  and  the  construction  of 
all  honest  nieu,  nw  the  same  as  if  the  oath  had 
been  requiriil  of  hi  in   by  the  council,  in  the 
▼ery  sens*,  and  words  of  this  explanation.   Nei- 
ther .is  it  material  whether  the  evplauatiou,  of- 
fered bv  the  earl,  dothdescne  (as  cerlhinlv  it 
doth  nut)  tliosejuiiiiy  ill  names,  \«hieh  Uie  ad- 
Tocate  would  /i.\  upon  it ;  iR-eaase,  thonu:h  it 
knd  been  nnieh  worse  than  it  is,  vet  lMin;»'  of- 
fere<l-to  the  eouneil,  and  submitUil  to  their 
judsfiiieiit,  and  they  havinj;  aecepU.d  of  it,  the 
thinpf  bceaiDt!  yw/.si  ;rs  'jtiflimlfi,  and  ennnot  !:o 
r<^tractiil.  without  subviiiir.;*;  the  surest  rules, 
!»oth  of  triitii,  and  «;o\(  miTUi.t.     The  advot  Je 
indeefl  t'lls  ns,   1.  That  \\.v  <-<miieil  luiin!  \vA 
the  ej.'i's    «\|.l:.naii(.u  :     llul    I    hav«' al.;  "ily 
tolil  voM,  {\y  V  (lid  1,,  :jr  ii,  :mh1  the  car!  i:,  i.\.'\ 
ready  i)  |M"\iii  :  .ijul  '-iioi'isc  soiiir  sri>  th.  v 
did     not    liiTii-     it     (li.i"ih.i\,  wx^  \\\r.\\.  \\\'\\'\i 
•poke  ill  roiinrii  is  d- j.l-ir'K  I'.-.ud  ain!   roii^.i- 
dered  ])\  all : )  \  «t  it  I . ;..-  o  n  lin  thpt  \\\vy  did 
allapMro\f  ii,  it  i^  se.iii' I-    i  •■!  ilu'  (;irl:  ;i*iid  ii 
if^  <Mil\    tluir  i'o!M'  ri<,    \\M  ,!,.  r  jfi  :»pMV'>\iii"' 
what  X\\v\    <!:d   tcl    ii.  .;•.    i!:,  \    o'iv,i\,,|    \\\i\v 
o;)th    t'-    ti'Uli,    \i\    ';'n'."    Mis    b'-h.uNS. 
who    ihe    « Mil     \' ;is   iM.'^i    rMu.iiud     >;iould 
hear,    tlid    mh-'idN     h. ; '•.     's     liitns,  IT  ;,ji,-r- 
ward  ;  a(rUn'\\l'i'-;\d.     ■.'.  T'l  ■  :H;\<»c:i|i-  -.u«<. 
that   tlic   In  .  lit "4     ..»:.!    ;-^.  v^i-i;,''    \\\v  «ni'io 
•if,    is   no  !r'li-\:ii,t    i-l  m:   y  •  '"■..riMV,  lli,  r^h 
all  the  <'t>iiiui!  Ii;h!  ..:i,:\n  (I*  him    il|.,t  ,1;,^^    ^,., 
WIN  of  his  i:i;»|.'-'\  ■-  i-iImm  is  »i:.i',:i  lii'.vr  <m:ui-- 
relled    l.iii)    th.- .ii\l    d.i', .    !>Mt   f:.<i.   1    Mould 
j;iadly  ki.itv.,    v\h  a   whai   1w:m1  .'  !or   IT  upon 
o!)trudii:i:,".i  s,  :i-..- «.i' !l.^  own.  ii    i^  ip-d  uial.h' 
that  wli.'tiv.r  f*.  ■  •  -[im   \i"  .  ;hc  <»!)tr:i 'inir  <'^" 
It  was  jrsj'';..!  i»v  ii"   r  Mi'i-'i«"s  .u-.Mj)f:iti(i'.  :ind 
il  hve.-ih..-  '!.« ir^;,  :'i.  !  ■.•. .is  i.i   -..i',:''  hi;.      I'm  if 
th.'  :sii\<':-'.i'   i!i»:«i  il-iiiu.  t'lai  ixci.  tlif  ••!i.n»'r 
Oi   tl.i-    ' '.i>I.  ii./.'i  M,    llioii  :I        liowid    ;ii:il    ae- 
ceoted,   !-'.\    >::ii    !,     is -.t.  ", .' ;    'Mm.::,    i.  J 
IlojW.  h«-  \:''-\    ,    .;;.•■:.  r   'in    \    .    i;  U-w.  >.  I.i.  jloth 
it;  tof   if  li"   '!.•>.'..   ii  „  !•  .■   it   hvupe'.  th»' 

cfiuiieil\h>i;.tri-.'.  !.<  !-.;l.  d aln-i.ly)  v -ih 

!«ic  NaiiK.  ijh.  rt\  v\h«f!'\\:i|i  }••.■  in  ;it>  it  :is  the 
fttrrSjh'M-inisfi.irf'iiii.  I;;-  Iran-:  liiiu  iuriini"st 
defanier  and  \\w\Ak  ivr  of  Jn-  kiiii,^  and  ( ..ijacij. 
thikt  orei'  yet  aKuAi^ku  it.    i>iu  '^Uly  ^  i\  iut;rit!» 


a  worse  name  than  I  am  free  to  give  it,  to  m 
that  an  explanation  alloweil  by  the  council,  in  IM 
administralini;  of  an  oath  proper  to  be  adw 
nistnit  by  them,  doth  not  secure  the  takfrnli 
that  sense,  both  in  law  and  conscience :  Scaq 
in  cffccl  this  quite  takes  away  the  beet  gnoi 
of  assurance  ainonf^  men,*  and  timis  tbar 
jip^atcst  security  to  their  ^rreatest  snare,  kd, 
«MlVf  If  this  be' sound  doctrine,  it  is  worth  III 


en(piirin(>;,  what  security  the  cler^,  to 

tlie  vouneil,  as  you  have  heard,  did  indu^a 

explanation,  hiu  e  thereby  obtained ;  Fomli 

such  laieks  as  did  only  at  their  oivn  hanf  Hb 

hold  of,  and  snatt^i  at  this  indulgence,  noCin* 

vided  for  them  by  the  counciVs  act,  it  ii  w 

their  doom  is  dight.     It  is  notlieredeM 

how  far  that  explication  of  the  council's  ay 

satisfy,  and  quiet  conscience,  let  such  €■• 

cemcct  sec  to  it.    Some  please  themselvef  lii 

a  general  notion,  That  if  the  sense  eivfnk 

the  aihiiinistrator  be  souud,  then  it  is  u»OB^ 

whether   it   \w.  ns^eeable  to  the  plain  iiidfft> 

nuine  meanintr  <'f  the  oath  or  not ;  ntT,w(^ 

thcr  it  be  afrn-eahic  to  the  sense  of  tbe  tintii* 

posers,  or  not :  But  others,  \thu  consider  Ml 

tenderly  what  it  is  to  swi'ar  in  truth,  ml  ■ 

Judvfiuent,  think  it  rather  a  pro|>lianatiaii,Mit* 

sinful  preferrint;  of  the  credit  of  men  toil 

•^lory  of  the  A1mi<rliiy,  to  olferto  inmihii 

fjath  by  a  disai>  reeable  interpretation,  wha  ii 

e/feet  the  oath  itself  ouj^ht  to  be  changed;  Bd 

the  thinjLf  in  question  is  alH>ut  the  secnritrd 

lift;  and  (urluue;  for  seeing  the  couDci'iO- 

plnnr.tio]!  is,   at    leasi,  t«  say  no  worse,  liiMl 

K  ii(iu;-;li  lo  r*c  (•,;!,,.••». ir^  <»f  an  inventive niilirtli 

:tiid  ill.     ad\or':ilo   i.llilh    us  Thiuit;!)  ail  tbt 

( J»mu  il  h;!ii  :•«,  i\-. ,  d  \\  \u\\w  tc»  b"(ur  villi  » 

I  e\hi.ii!,>.i.ui     At»|  ;i:i\  of  his  m:d<st\'N''li^^  ! 

i  iii.i\,  ihr  iic'.l   «i.  \ ,  iiuarirl  hiin  ;  it  hoiw*  \ 

'  lint  thi^  ;»!!..  •..iiu.-  'un  afford  him  iv»sof«riiyj  i 

I  il    i>  X\\\K\    tin     :(<iv(K'ate   \\va\    ailnljf«',  *»  j 

l  jMi^siMy  lind  a  d:.ii'iinee  het«i\t  lhe(*«»u»J* 

I !  'ittii.;^-.  rnd    their  adrptinij  of  an  iXiiUa**  ' 

ii;iii«.n.     IJiU  as  in  truth  then*  is  n«»iu\  tW* 

til  iTi  li(t\\i\T  a  maiulat   and  a  vatihaiiiiMn;  H 

,  I  iiMi  eoniiflcnt,  if  evi-r  the  t hint;  crtniotflW 

!,•'«  -*:.;n»  d,  this  pn-tenee  w'll  e\aiiij<h,  amlcoBl 

■  To  hiithin;^. 

Ii  is  Ilia  wise  t<>  he  reineinlx*re«l,  Thatwh** 

l!ie  { ::rl,  t!ie  m.M  day  alter  he  tookthrTe* 

>\a>  »pU'stioned    for   the   explanation  he  » 

'  iii.".d(*.    n!id  rot^nirrd   to  exhibit  a  enpv  luluch 

1  wws  Jil^  I'Aards  iiiaiie  the  orouiul  of  hi>  iwlirt' 

nuMt^  so  sofin  as  he  ol)scr»ed  that  sonic  U-^ 

tw  carp,  I»'  n-lusedto  sii^u  it,deniaiuh-<lit  btcki 

1  and    ^^(^ilid    \va\v  ii'-stroyed    it,    as   voii  U^< 

lM;.id,  nlnrji  win   all  clear  arts  of  di>c»wTUD| 

:  \\\A  i'  i^»  'ii-i;'.  for  rvitinjr  (»tienee,  aiidot'tlMW 

I  SI  ivcs  v:';."irni  to  ha\»'  presented  any  fiitth* 

i  •  ;i  |iiiij  :  iluTo  h'in::-  noihiiii^  more  ja-il  «■ 

l.iKu'.M.  :|i;ic.  ili:(t  wdi'U,  thoiitrh  at  tlie  fin 

111  :Mii".',  oi'i.i:  i\o  ;  \tt  if  instantly  relrart*^ 

V,  Inn   (Mi>    tioprd.   shfidl  he   p;tst :    Ihit  the 

Jis  mil  :i ;  uiln  rthii'^'^s,  ii;'.;si  in  thi-  earl's  C* 

he  sin/nl.>i' ;  and^ihetlur  lie   plead  the  ooil 

(-ii\s   aiiowino',  or   his   oivn  iliso\%  niii|f  (ai  i 

I  eilwt  hu  dutU  both)  it  \ii  wi|U;JIy  to  uo  puj^ 


STATE  TRIALS,  33  Chaslss  II.  l6Sl.—/»r  iSgh  Ti-eaton, 


1970 


dvtennined  must  be  Hccomplished. 
n\  betbre,  linw  tliat  a  reverend  bishop, 
y  of  tlie  orthodox  clerj^fy,  did  take  a 
'T  liberty  of  explanntiou  than  the  earl 
I  to :  you  see  also  that  iint  the  coun- 
s  his  words,  ^\hci'euppn  he  rests: 
en  lie  tiods  that  they  liegiu  to 
\  he  is  willing  to  disown :  And 
is  undt-niaMo,  luid  aiknow ledged  bv 
leil  tlieinsehos,  that  the  Test,  as  it 
the  art  ot'  parUament,  is  anibiguous, 
s  to  l)e  €\|>laine<l :  And  the  earl  may 
Iv  aver,  that  oi' all  the  explunationK 
'Wen  ofl'ered  (c\eu  at  llie  eouucirs 
>tul)  his  is  tlie  nu»st  sate,  sound,  and 
i^reeahle  to  the  parliament's  true 
1  ni'v'anin^*.  And  yet  when  all  others 
e  alone  must  he  seized ;  and  ibr  a  thing" 
iiinocx^nt,  clearly  jublitiahic,  and  un- 
allowed, found  i^uilty  of  the  worst 
s,  t'vrn  leasing-makin^,  leasing'-tell- 
ra\  Inj2f  of  laws,  and  tif^asoii ;  nut  all 
Hi^s  God  Almis^hty  sees,  and  to  him 
iient  yet  belonijfs. 

HIS  I  leave  thii-^  diicourse,  shuttin|[i^  it 
the    C4ise    of   archbishop  Cranmer, 
parallel  to  the    earl's,  to  show  how 
was  more  favounibly  dealt  with  by 
and  i^ovemment,  in  those  days,  than 
low  is,  thoucfh  he  live  under  a  much 
?reiful,  and   just   pi-iuce,   than  that 
relate  did  ;  for  Cranmer  bciiiir  crlled 
loted  by  Henry  8,  of  En^yliuid  to  l»e 
►p  of  Canterliury,  and  findin*^  an  oath 
e  offered  to  him,*^  which,  in  his  appre- 
would  bind  him  up  from  what  he  ac- 
his  duty,  he  altoj^ther  decline<l  the 
uul  preiennent,  unless  he  were  al- 
take  the  oath  with  such  an  cxplana- 
3  himself  proposed,  for  sal?in(*'of  his 
^ ;  and  though  this  oath  was  no  otlier 
statute,  and  solemn  oath,  that  all  his 
Mns  in  that  see,  and  all  the  mitred 
£iiglaDd,  had  sworn,  yet  he  was  ad- 
take  it,  as  you  see  in  Fuller's  Church 
BritMD,  lib.  5,  p.  185,  and  186,  with 
u  protBitation. 

■■Mne  Domini,  Amen.  Coram  vohis, 
ft  q^^nt  erit  meg  voluntatis,  aut  inteii- 
BwVUiniodijuraiiientuiii  veijuramen- 
•Wwnqiie  verba  in  ipsis  posita  sonare 
^  ne  oMififare  ad  aliquid,  ratione 
"VpOflbac  dksendum,  faciendum,  aut 
^^n^liiod  erit,  autesse  videbitnr,  con- 
Aei,  Fel  csontra  illustrissimum 
I  Aa^isB,  liCgesvc,  aut  pnero- 
I:  £t  quod  nrni  intendo,  per 
itnm  »  vel  juramenta,  quo  vis 
%  qui  uoinus  libre  loqui,  con- 
Bptire  valeam,  in  omnibus,  ct 
jem  JReligionis  Christianue, 
clMifB  Anglicaiise,  et  Pwe- 
^asdem  Reipablicse,  vel 
Kqdcni,  qnoquo  modo  con- 
pbij[ue  exeqai^  et  refor- 
•^oleaia  Anglicana  refor- 
Bt  aecfiiidina  banc  in- 


*  terpretationem,  et  intollectum  hunc,  et  noit 
*■  aliter,  nequa  alia  modo,  dictum  juramentuuft 

*  me  pnpstiturum  protestor,  et  prohtiiir.* 

That  is  to  s;iy.     <  In  the  nume  of  God^ 

*  Amtm.     B<ffore  you,  &c.     It  neither  is,  ni»r 

*  shall  lie,  my  will  or  meaiiincf,  by  this  kind  of 

*  oath,  or  oaths,  and  however  the  words  t)f 
'  themselves  shall  seem  to  sound  or  ^^iptify,  tJ 
*'  bind  up  myself,  by  virtue  hereof,  to  say,  dO| 

*  oreudea\our  any  thing*,  which  shall  really  be^ 

*  or  apyjear  to  be,  against  the  law  of  Gotl,  or 
'  ap^ainst  our  illustrious  king*  of  Eng^land,  or 
*'  against  his  laws  and  prero^pitives:    And  that 

*  1  mean  not,  by  this  my  oath,  or  oaths,  any 
'  Wirys  to  bind  up  myself  from  speaking;,  con- 

*  sulliii|j|',  and  consenting  freely,  in  all,  and 

*  every  thinj*  in  any  sort  conoeruino^  the  refor- 
'  mation  of  the  Christian  relis^ion,  the  govern* 
*'  ment  of  the  Church  of  England,  and  tlie 


'  of  Env'laiid :  And  according  to  this  cxplana-^ 
'  tiou,  and  sense,  and  not  otherwise,  nor  in  any 
'  other  manner,  do  I  protest,  and  profess,  that  t 
*  am  to  take,  and  pcrfonn  tliis  oath.' 

Nor  did  that  excellent  person,  says  3Tr, 
Fuller,  smother  this  nrivateiy  in  a  comer,  but 
publicly  interposed  it  three  several  times ;  unce 
in  the  Charter-house,  before  authentic  wit- 
nesses ;  again  upon  his  bcndeil  knees,  before 
the  iiigh  altar,  in  view  and  hearing  of  many 
people,  and  bishops  beholdinc[  liim,  when  he 
was  consecrated ;  and  the  third  time,  when  ho 
receiveil  the  pall,  in  the  same  place. 

Now  would  it  not  be  very  sti'ange  if  the  like* 
liberty^  should  not  be  allowed  to  the  earl,  under 
his  majesty,  in  retercnce  to  the  Test,  which 
Henry  the  8th,  a  prince  that  stood  as  much 
on  his  prerogative  as  ever  anj',  did  vouelL«wiie. 
to  this  Thomas  Cranmer,  who,  as  another 
historian  observed,  acted  fairly,  and  above- 
board  :  But  there  wautetl  then  the  high  and 
excellent  desipfns  of  the  great  ministers,  the. 
rare  fidelity  of  counsellors,,  sound  religion 
and  tender  piety  of  bishops,  solid  law  and 
learning  of  ailvocates,  incorruptible  integrity 
of  judges,  and  upright  honesty  of  assizers, 
that  now  we  have,  to  get  archbishop  Cranmer 
accused,  and  cond(*nined,  for  le^ng-making, 
depraving  laws,  ]>erjury,  and  treason,  to  whicli 
accusation  his  ejqilanation  was  certainly  no  less 
obnoxious  tlian  tht;  earFs. 

But  I  hasten  to  the  fourth,  and  last  head  of 
the  eari's  additional  defences,  viz.  Tiie  re- 
movhig  certain  groundless  pretences,  alledged 
by  the  advocate,  for  aggravating  the  earl's 
ofiVnce:  As  l.  That  the  earl,  lx;ing  a  peer, 
and  member  «if  parliament,  should  have  known 
the  sense  of  the  parliament,  and  that  neither 
the  scruples  of  the  clergy,  nor  the  counciPs 
proclamation,  designed  for  mere  ignorants, 
conld  any  way  excuse  the  earl  for  offering  such 
an  ezpUmation.  But,  first,  the  advocate  might 
have  remembered,  that  in  another  passage  he 
tazM  the  earl  as  having  debated  ia  parliament 


•11 


oontaiiied  id  the  Confesnon  ok'  Faith,  and  to  be- 
lieve the  same  to  be  agreeable  to  the  word  oft' 
God ;  as  also  to  adhere  thereto,  and  cerer  to 
consent  to  any  chani(c  contrary  to,  or  inron- 
iistent  with  the  said  Protestant  relicpou,  and 
Confession  of  Faith  :  Which  to  comnius  sense 
a[ipear8  as  plain,  an:1  o\ident,  as  can  be  c^n- 
trived,  or  (fesired.  But  2tUy,  It  is  very  well 
known,  that  it  was  e.V[iros.sly  endeavoured,  and 
carried  in  parliament,  that  the  Confession  of 
Faith  should  be  a  part  of  th«'  Test  and  Oath : 
For  the  Confession  of  Faith  beiiig  di'si<ni(''d  to 
be  sworn  to,  by  an  act,  tor  securing  the  Pm- 
Iwtant  reli)^ion  (which  you  haie  htiutl  was 
prepared  in  the  articles,  but  afterwards  thrown 
•ut)  when  tliis  act  for  the  Test  \\  as  brought 
into  the  parliament,  some  days  after,  by  the 
bishop  of  Ediiiburg-j),  and  others,  the  Con- 
lession  was  designedly  lef I  out  of  it  2  But  ii 
being  again  debated  tuat  the  bare  namin<y  of 
the  Protestant  religion,  without  condesceud- 
ing  on  a  standard  for  it,  was  not  sufficient, 
me  Confession  of  Faith  was  of  new  added: 
And,  after  the  afBnnative  clause  for  own- 
ing it,  and  adhering  to  it  was  insert,  upon 
ft  new  motion,  the  negative,  never  to  con- 
sent to  any  alteration,  contrary  to,  or  incon- 
cisteot  with  tlie  said  protestailt  religion,  and 
Confession  of  Faith,  was  also  subjoined:  but 
Bot  without  a  new  debate  and  opposition  made 
against  the  words,  *  And  Confession  of  Faitli,' 
bv  the  bishop  of  Edinburgh,  luitil  at  length  he 
also  yielded  ;  all  which  it  is  iioped,  was  done 
for  some  purpose:  And  if,  at  that  time,  any 
had  doubted  of  the  thing,  he  had  certainly 
been  jud^^  most  ridiculous :  Kor  it  was  by 
thataddition  concluded  by  all,  That  the  Con- 
fession was  to  be  sworn  to,  for  lie  tjkos  pains 
to  justify  it.  tli(iiii{l)  culumniuusly  i'i)oii;^li, 
alled^rin^,  That  it  w:is  hastily   compiled,  in  thi> 


wuk   vd  V    w^M  ■«;««■«. •K*«^<    «•«•«•    ■■■« 

said  to  himself,  about  the  inaertin 
fessioo  ;  and  no  doubt,  the  ailvi 
nious,  kuou-s  all  this :  For  the 
that  time  matter  of  common  talk 
till  pa|>ers  objecting  contradiction 
sistencies  betwiit  the  Confession 
tlie  Test,  began  to  be  so  numeroi 
about  the  en«l  of  October,  that 
possibility  left  to  answer  them,  bui 
That  in  the  Test  men  do  not  f 
article  and  proposition  of  the  C 
only  to  the  pnitestant  religion  tlici 
this  point  was  n^ver  doubted, 
this  ansiver  be  true,  and  aaolid  vii 
sonant  to  the  words  of  the  Test,  o 
evasion  enervating  all  its  fbn 
judge.  But  the  advocate  8a3rs, 
moved  in  parliament  to  read  (he 
was  uaved  :  Most  tme ;  and  the 
by  the  bishoi»s  for  it  was.  That  i 
they  knew  it,  and  it  was  alrvad; 
acLs  of  parliament :  And,  the  ti 
reaiiiug  of  it  woiUd  haveapent  m 
was  all;r*i  ed  on  examining  the  ivl 
was  likewise  late,  after  a  long  sc 
was  resolved  to  have  tlie  act  pass 
and  so  it  went  on  :  But  it  was  lil 
to  read  the  Covenant,  seeing  it  ^ 
claimed,  and  this  %iras  fiaUy  n 
will  the  advocute  thence  infer,  Tb 
the  Covenant  is  not  abjured,  all 
certain,  that  many  in  the  parin 
time,  had  never  reud  the  one  or  ih 
to  follow  the  advocate's  excursion 
theui  more  parliculariv  :  The  mo 
ing  tlie  Confession  Xitiu^r  made  01 
easion,  lieeausu  it  was  to  hi^  insi 
andswoiii  tii,  cunelu^ic^  euoiii^h 
l^ii'  noiii) !  \'  ( :iu  lie  so  riiiuiiti  J  as 
us(  li   in    |.a:liii:iu  :it  as    an  :ti'::i 


STATE  TRIALS,  33  Charles  II.  i69l.--:/0r  High  TreasM.  [974 

of  the  late  marauis  of  Argyle,  the  earl's  father, 
in  the  time  of  the  kite  usurpation,  by  sitting  ia 
the  then  parliament  of  England,  some  years 
after  all  tlie  standing  forces  of  the  kingdon 
were  hroken,  his  majesty  beyond  sea,  the 
whole  country  over-run,  tne  usurpers  uniTer* 
sally  acknowledged,  and  neither  probability  of 
resistance,  nor  possibility  of  shelter  left  to  any 
that  were  most  willinff  to  serve  his  majesty,  as 
the  advocate  himself  hath  pubUshed  in  hit 
printed  Pleadings,  in  which  he  likewise  lays 
out  the  special  and  extraordinary  circumstances 
whereby  the  marquis  was  necessitated  to  do 
what  he  did.  And  the  compliance  charged  oa 
him  wns  so  epidemic,  that  til  others  were 
pardoneil  iur  the  same,  except  he  alone,  though 
none  had  such  favourable  ai^^uments  to  plead, 
and  though  he  pleaded  the  same  indemnity 
that  saved  others.  And  seeing  he  submitted, 
and  delivered  up  himself,  and  lost  his  K^,  and 
seeing,  at  the  same  time  of  tlie  compliance  that 
he  suffered  for,  the  earl  his  son  was  actually 
serving  and  suffering  for  his  majesty,  as  yoq 
find  in  the  former  part  of  this  letter,  the  earl's, 
restitution  was  no  less  than  he  and  his  family 
might  well  expect  of  his  majesty's  goodneai 
and  justice.  It  is  true,  the  earl  was  again  ao- 
cuseid  and  condemned  (which  may  appear  in- 
deed strange  to  such  as  know  not  all  particulars) 
u^nthe  same  old  acts  of  leasinjg-making,  and 
with  as  tittle  ground,  if  possib^,  as  now,  and 
was  pardoned  by  his  majesty,  for  which  he 
hath  of\en,  aud  doth  always  acknowledge,  that 
he  owes  to  his  mi\)esty  loth  his  life  and  his 
fortune  ;  But  upon  tnis  occasion,  and  being 
baited  as  he  is,  ne  hopes  his  majesty  will  not 
take  it  ill  that  he  say.  That  his  majesty's  mercy 
was  in  this  case  determined  by  justice  :  And  for 
proof  that  his  majesty  did  then  know  him  to 
be  innocent,  did  not  his  majesty  then  say,  It 
was  inpmossible  to  take  a  man's  life  upon  so  siDall 
an  accdhnt  ?  Though  nevertheless  it  had  been 
done,  if  his  majesty  had  not  interposed  and  par- 
doned him.  Dkl  not  the  Chancdlor  Clarendon 
(who  was  patron  to  the  most  considerahle  of  tlie 
earl's  pursuers)  hearing  of  his  coDdemnatioa> 
Bless  Gf)d,  he  lived  not  in  a  cotuitry  where 
there  were  such  laws  ?  (he  should  have  said 
5nich  judges)  And  I  believe  many  more  will  say 
the  same  now.  Did  it  not  ]>lainly  appear,  at 
that  time,  that  his  principal  pursuers  were  very 
bitter,  malicious,  aud  unjust  to  him  ?  For  the 
earl  had  not  only  served  his  majesty  in  thai 
troublesome  aud  hazardous  appearance  in 
the  hills,  but  he  had  been  particularly  useful  lo 
earl  Middleton,  tlien  his  ni^jesty's  lieutenant 
general,  and  had  stood  by  him,  when  these  de- 
serted him,  whom  notwithstanding  he  took 
afterwards  by  the  hand,  when  he  was  his  ma- 
jesty's commihsiuuei'  in  the  year  1661,  and 
then  dc-signed  new  interests  and  new  alliances, 
whereof  some  did  hold,  and  some  never  held. 
And  then  indeed  it  was,  that  he  and  olheis 
thouQfht  it  proper  for  them  to  d^^roy  the 
family  of  Argyle,  to  make  their  own  fortunes  ; 
but  it  pleased  God  and  his  majesty  to  dispose 
otherwise :  Then  it  was  that  tne  esri  wasso 


this  was  done  by  an  hun<lred  1  can  attest 
es.  Lastly,  It  is  certain  thht,  when, 
d  of  Ortobier,  the  bishop  of  Edinburgh 
-el  sir  George  Lockhart,  for  causing 
ession  to  be  iitsert  in  the  Test,  and  he 
I  that  without  it  a  Turk  might  siffn  the 
vas  not  then  preteiuU^  by  the  bisliop 
confession  was  not  to  be  sworn  to,  and 
!  he  at  that  time  had  no  reply, 
lis  is  a  debate,  I  confess,  not  altogether 
y  for  my  present  task,  only  thereby  you 
ground  enough  for  the  earl  to  believe 
ession  was  sworn  to :  An<l  all  that  did 
efbre  the  councirs  explanation,  having 
tliat  sense,  and,  for  ought  I  know, 
|it  the  clergy)  being  by  the  council's 
bound  to  do  so,  it  was  not  strange  the 
ht  be  of  this  opinion.  And  seeing  that 
'  the  contradictions  were  alledged  to 
ice,  and  the  earl  being  a  dissenter,  it 
less  strange  that  the  earl  did  scruple  ; 
unreasonable  that  his  honest  explaua- 
mld  have  a  most  benign  acceptance, 
iecoiid  pretence  of  aggravation  is.  That 
sty  did  not  only  beitow  on  the  earl  his 
d jurisdictions,  rallen  into  his  majesty's 
f  the  forfaulture  of  his  father,  but  also 
lim  the  crimes  of  leasing-making  and 
truing,  whereof  he  was  found  ^ilty 
larliament  1662.  And  raised  him  to 
and  dignity  of  an  eari,  and  to  be  a 

of  all  nis  majesty's  judicatories.  All 
be  eari,  as  he  hath  ever,  doth  still  most 
lly  acknowledge.  But  seeing  the  ad- 
latb  no  warrant  to  upbraid  him  with 
*8ty's  favours,  and  that  these  things  are 
membered  witli  a  manifest  design  to 
ist,  and  blind  strangers,  and  to  add  a 

thing,  in^rratitude,  to  the  heap  of 
ess  calumnies  cast  upon  him,  1  must 
ave  to  answer  a  little  more  particularly 
ite  this  new  tout  (as  the  Scots  proven) 
I  old  horn.  This  old  leasing- makinff 
DOW  brought  in  seriously  afhsr  it  liatn 
•ted  in  ndicule  for  IB  years,  by  the 
lors  who  did  never  pretend  to  defend  it 
»lood  :  And,  were  it  not  to  digress  too 
I  could  nanu^  the  |icrsons,  and  make 
f  capable,  think  shame  of  their  false- 
d  prevarications  in  that  iraiiit,  and  of 
hoiring  his  majesty,  and  'prostrating 
but  I  Torbear. 

ulvocate,  in  his  Hook  of  Pleadings, 
liis  a  stretch,  and  says  his  majesty  re- 
it.  And  his  nuijesty  himself  hatli  se- 
DCS  expressed  his  sense  of  the  stretches 
J  seme  against  the  earl,  at  that  time. 
1  known  the  family  of  Argyle  is  lioth 
sad  honourable,  and  hath  been  loyal 
vioeaUe  to  the  crown  for  se^-eral  hun- 
'  yean ;  but  they  must  now  bcdestroy- 
bifiagdone,  and  beinff  able,  as  they 
le  loo  much,  which  othfO's  neither  caji 
do. 

icr  is  the  advocate  ignorant  that  the 
ilffthat  family  halh  been  charged  with, 
iOmg  Irsct  of  time,  was  a  compliance 


■#?3]    STATE  TRIALS,  S3  Charles  11. 

fccirij'  piTrsunl  for  liii  life  ;  luving  nl  that  time 
BO  lortuoe,  all  hdnf;  in  bin  iiiij<.-»iiy'B  hand-i  ; 
Then  was  Ilie  ktcuMlion  uf  Trrusftn  likewi«e 
tirgnf  by  ihe  Ramc  (lerEoiis  auct  muat  hat  e  rar- 
rinl,  bul  it  was  out  Toiiriil  Decrasarv,  Lrauiup:- 
ntakioK    being  sufficient  to  Ifjcebti  life;  and, 

IM  it  iall»  oiit,n-beu  cmvennieissturtul.siiil 
Mm  huitmls  iu  chafe,  all  Uie  Utile  curs  run 
adon^;  So  the  earl  wanted  liol  tliMi  many 
punucn  Uist  are  Donr  scarce  to  be  heant 
«>'.  And  fiirlbrr.  HOiiie  of  the  \,iin\a  Ihem- 
wlvas  (-(itiloBcd  the   pnrticutiire  to  the  earl 

JLflerwanlH,  who  yrt  now  return  In  actthdi 
i^mcr  porta,  aud  lliatUev  hiul  IlienluiJ  diwn 
aiwulutiua  to  inlrcp  him,' '  |ier  Iks,  aul  ncras  ,' 
hit  noiwiilwtBculmg  nil  this  ii)  liiuiiour  ainl 
violmre,  nil  the  Kruuod  ^bty  could  (ret  for  a 
^urrd,  in  two  year«  liliic,  wns  uiie  xiugle  letter, 
Aittuui;  many  tbi!}  iittctiviited,  the  oocB^on  and 
iiupiirt>wh*>nxif  wan  us  follows :  About  a.  tweWe- 
moiuliuflerlhr  diuth  of  |J|«  late  inatuuis  of 
Argyll,  ihveirlbtasnn  beiue,  bythelMS  ot' 
^iaratatOHiMi  burden  of  bi«  dAtls,  brought  into 
•traits,  »  ftwiif  frmi  Edinburgh  wrote  to  him 
Dii'i.  ill  (^fn|..,i  r.,  .U.«!iull.t;<*ulJf«r  hiiu- 
■fil  ■■■  I '  ■■-".  '■  ■!  ■'■■  ■KoiH'r  the  better  ;  for  h« 
'I''  I  i.atJiir  nor  JHfitiL-e  friiiii 

*'"'-■  ■■■'!,  if  matters  were  de- 

luii'l  li  i.,:!,.  ;  .^;|,,|K  rvtBie  wnotd  be  Iwg. 
1^1  uiviiv   III   purcot.i.      His  friend   llkewwe 

'COingilaiiwrd,  llia('lh«  enrl  did  nol  wrile  toln- 
fcrruhialWcttdsiDaeotland;  anilonlliisbeio- 
aisicd  aercnl  poxt-days,  which,  at  laal,  drev 
■Danswerfrnm  the  earl,  that  he  had  becu  to 
wait  ii|Kin  his  tnajeny,  and  hud  Ibiiinl  lijm  b»lh 

jiislunij  tiad  to  liiiu  and  doubted  nullhcttllecu 
ol  his  royiil  favour :  ihal  he  (raxsensLMc  uf  bis 
low*  by  ik-lay,  yti  miiKt  ]'r»r<-Ml  dt'«''(^rly, 
■nduut  prcMN  to  fi^vehis  majesty  trouble,  but 
must  take  his  majeKly'H  method,  and  nnit  hiit 
time ;  That  he  judgetf,  much  of  wjiat  his 
friend  told  him  was  true,  but  he  must  mlie  pa- 

-tience;  It  washis  niisfurtune  that  some  took 

.pains  to  make  bis  majesly  believe,  that  the 
{tarliament  was  his  enemy,  and  the  jiarliament 
to  believe  the  kins'  nas  his  entmy  ;  and  by 
such  iDfonnnlioiiK  be  was  like  tol>e  a  siitTerer, 
buthehopedi  God  all  eIiouM  he  well.  This 
blast  Hiusi  blow  out,  imd  will  blow  ot^  :  Thri 
king  will  see  (heirtricks.  And  upon  this  letter, 
^>ecially  those  labt  words,  the  earl  was  ac- 
cused ufkabiiii;  making  belwivt  king-and par- 
liament, and  that  he  expected  chan^  ;  and 

.■ohadag-rcatdealof thesamestutflaid  to  his 
chaise,  as  now  you  have  heard  ;  Aad  if  the 
nowre^Ater  will  produce  the  earl's  prineinal 
letter,  and  the  paper  the  earl  sate  in  to  the 
parliament,  these  two  would  clear  all,  the  case 
then,  and  now,  as  you  may  see,  Mutatit  tnu- 
tandU,  bi-inKiniioh  the  same,  and  some  of  the 
■an^e  toub  u»;d.  itm to  ^on,  the  eail's  words 
m  that  letter  bciiiK  clear  and  [ilain,  viz.  That 
heMinpUined  of  others  that  reported  lies  to 

'die  king  and  parliament,   but  did  himself  re- 

,MrtWnte  to  erthcr;  He  acknowledged  the 
kttw,'*lii(Ac«vtd  never  ba*v  been  proven  to 


1681  T-Triai  »/  Ihe  Eart  a/Ar^l 

icrrcplnl,  did  render  himself  lo  In* 
betbre  be  w»a  ealled  lor ;  Biit,  wl 
mudi  tiwiilikd  bini,  had  not  kcobs. 
majivty  was  so  ^aclons,  that  in«(a4 
ing:  him  ininmer  to  Mcolluid  wilk  a  {|| 
waM  much  pre^wd)  he  allowed  htM  lo 
on  a  TcHwl  bail :  And  hix  iii^e^y  yn 
UiKay,  tliut  lie  sawnnthin^in  ihr  rar 
u^.iintl  liis  lui^rrity  or  tbv  jMii-iiaimiit 
h(-ve<l  ibn  cttd  did  tfivi^i  to  rcAfft  ox 
of  Hiihlleton.  Tlirciwlnunr  to  Ui 
a  Ibrtnlghi  lvfor«  the  day  appoiiiW 
niajeBty,  siidihuuffht  lohutetiad  tJie 
Iherity,  till  that  (iay  slmuld  fmse; 
•cnt  to  the  nwKle  this  next  dny  aftin 
rival:  Upon  which  he  »dicni*.>d  bis 
of  bi*  coniUtion,  who  wouM  har^i 
they  would  tsJce  liis  life,  till  it  waatnf 
It  ivas  ile4i«;ii«il,  and  if  h«  fUcd  il  by  U 
jeaty's  donr ;  unon  which  bis  nrtjesty 
ciuusly  pleasca  to  wnd  iuuotdiMely'u 
the  eariof  Middletiiu,  tint  lo  procM 
ecDlioii  aKainat  liim  :  Y<4,  lb#  wi 
deaiii  waspronotuioctl,  nni)  ^o  day  c 
tion  muilted  bv  the  parluuueal  lo  ih 
Middleion  -  tVhich  he  accepted  uf,  i 
bail  no  particular-  inatructiuri  for  il 
moicsly.  which,  before  a  year  went  t/a 
Uiddlelun  found  could  not  be  JiiMlilkd 
and  some  of  the  earl's  diiti'  amuco  i 
riared  by  his  majesty  to  be  themuji 
tng-maher* ;  And  then  Ihe  earl  liv 
jeity'N  Arour  and  gvKidness,  was  rnioi 

t  of  his  predficeafior's  estates  and  litk 
look  Bsihaokl'ully,  as  if  a  nen'  nu 

n  aud  LfTeaier  honours  bad  lieen  c 
iiiion  him.  AndUicu^h  hismajMlj  wi 
rA,  111  lliegranliiig  ijl  ibese  litli-i,  lo  • 
could  help  them  u  hen  he  pleased  ;}tt 
je.itj  knows,  ihot  the  earl  never  ttw* 
about  anv  Kuch  matter,  nor  sidiciint  b 
tliciie  ci^iteen  years,  luran^  title,  olGo 
ploymciit,  (though  he  con  losses  faebu 
sorts}  nor  hath  he  been  ImrthemocDe  la 
jesty's  exclie<|aer  (."iOO/.  vearly  for  tow 
years  that  tlie  earl  serveif  in  the  iressnr 
all  that  ever  he  touched  of  his  majMj'i 
albeit  few  attended  more,  and  none  < 
tbatliredathisdislanee.  He  nu  di 
at  1.:ondon,  to  kiss  his  mairsly'i  band,' 
on  his  own  churgfs  ;  Wliich  thii^ 
said  to  lessen  his  majesty's  bounty  Mr 
nesK,  whereof  the  earl  still  mami  < 
tender,  and  dtitiful  impressions ;  but* 
the  advunile,  and  to  teach  otiiers  lo  1m 
peace,  that  cannotsay  so  much. 

His  life  is  kni>wn  lo  have  been  tnN, 
and  1^' a  piece,  and  all  alon<f  hebiib 
with  that  sirwghtmss,  that  he  eu  ' 
hlNinte^ity  wi'b  all  that  now  attMM 

IJy  all  which  it  is  uyi|iarent,th»t-»» 
Tocate  here  pretends  tor  an  aggraiM 
well  be  accounted  a  second  part  «f  dl 
pcrsei  iitions ;  bul  cannot,  in  tbaWi 
either  his  iniMMsence,  u 

8eein«;  ther^bre  tl 


b^)M4JI 


i 


STATE  TRIALS,  33  Charles  II.  l6S\.—for  Fligh  Treaton. 


[97^ 


in  this  inattrr,  was  only  that,  when 
-equire<l  to  take  the  Tost,  and  after 
tained  from  hiK  highness  and  eoun- 
their  presence,  betbre  the  giving" 
leclare,  and  propose  to  them  the 
n  he  was  will  in  j^  to  take  it ;  That 
'  neither  contains,  nor  insinuates, 
ider,  reproach,  orreflcirtion,  ei-her 
'r^  the  parliament,  or  aiiy  person 
• ;  but,  on  the  contriiir,  is  in  cl- 
more  afiprcenhle  to  tlie  words  of 
1  meininpf  of  the  parliament  that 
in  the  explanation  emitted  liy  tlie 
was  also  isiost  certainly,  the  lirst 
I  ac<'cpt<tl  ;  and,  when  the  next 
t'd,  by  him  uifered  tt»  be  retraeied, 

0  l>e  'siipietl :  That  the  whole  in- 

1  more  es{iecially"  that  part  of  it 
kson,  is  a  mere  rhapsody  uf  the  most 
«:iinl,  and  pernicious  conse(|urnce3, 
sun  beheld,  not  only  foi*cin(;f  the 
es  of  speech,  charity,  and  hu- 
tr^iiversmpf  all  the  topics  of  law, 
eliifion,  and  thrcatning*  no  U^ss,  in 
erson,  than  the  niin  of  every 
ie,  lite,  and  honour ;  That  the 
res,  and  grounds  of  oxculftation, 
iregnant  an«k  unanswendde,  and 
iiseU«;s  Notour,  or  oHered  to  be  in- 
'd.  \nd  hstly,  that  the  ougrava- 
t^l  a<^:iinst  him  do  either  directly 
n,  or  in(;i»t  evidently  di&H>ovcr  the 
ice  of  his  in)(>lacable  enemies  : 
icious  kini^,  who  not  only  clearly 
'i,;hi  an<l  hates  oppression,  hut  also 
er  excellent  qualities,  hath  hy  his 
nd  chnnency,  even  towards  his 
:d  tliat  cfreai  character  of  good- 
kin  and  false  insinuations,  and  un- 
til violent  stretclics,  not  only  take 
of'  an  innocent  person,  but* of  one 
and  his  family  (be  it  said  witliout 
it)  have  for  a  hmger  lime,  and  mure 
<l  signally  served  his  majesty  and 
ban  any  jHTson,  or  family  of  his 
ualitv,  of  all  his  persecutors,  can 

Shall  his  numerous  familv,  ho]ie- 
his  friends  and  creditors,  all  be  «le- 
all  both  former  t-ervices  be  forgot, 
pressed,  and  nil  rules  of  justice, 
ociety  and  humanity  for  his  sake 
Shall  not  only  the  earl  be  cut  off, 
*  und  ancient  nunily  extinguished, 
and  memory  tainted  with  as  black 
I  stain,  as  if  he  had  conspire<l  with 
ment,  Kavillack,  the  gunjKtwdrr 
he  bloody  Irish  relx^ls,  and  all  the 
icked  and  heinous  traitors  of  that 
all  this  for  a  mere  imaginary  critue 
I  raost  certain,  that  no  man  living; 
have,  the  least  real  Lonvict'::*u, 
;fa  frivolous  allegations  as  all  men 
the  top,  mere  moon -shine;  a:.d  at 
illany  unmixed. 

iring  these  things,  the  earl,  it 
M  to  have  addressed  himfeulf  to 
i  advocate  id  particular,  and  to 

u 


havctoldhim,  tr.at  he  had  begun  rery  time- 
ously  in  parliament  to  fall  first  on  his  lieritable 
jurisflietions,  and  then  •upon  his  estate,  and  that 
now  he  was  fallen  upon  his  life  and  hwnour, 
wliei-eby  it  was  easy  to  divine  that  more  h-tis 
intended,  from  the  Wginninqf,  than  the  simple 
taking  away  of  his  offices  :  seeing  that  some 
of  them,  on  hJK  refusing  the  Test,  were  taken 
away  by  the  cerfifieation  of  tlie  act  of  parlia- 
nii'nt,  ar.d  tlial  I'.tos"  thut  we:-ch(?rilable  he  offer- 
ed in  i»nTliament.  t;)  present  and  surrender  to  his 
majchiy  on  his  kow,  il  his  hiaeisty,  after  hear- 
ing liii'n,  should  think  it  fit;  only  he  was  not 
willing  to  have  them,  torn  from  him,  as  hath 
l»ecn  said  ;  and  if  that  were  all  wwc  designed, 
as  was  at  first  given  out,  the  advocate  need  not 
have  set  him  on  high,  as  Naboth,  and  accuse 
him  as  a  blasphemer  of  God  and  the  king. 

Then  turning  his  speech  to  the  lords  of  jus- 
ticiary, he  thouglit  ^)  have  di*sired  that  they 
^ould  yet  seriously  consider  his  words,  in 
tlieir  true  sense  ami  circumNtance,  his  own  ex- 
planation of  his  explication,  and  especially  the 
f(»regoing  matter  of  fact  t(»  have  be(>n  laid  be- 
before  them,  with  his  defences,  and  gitmnils  of 
(.'xciilpation ;  as  also  hat  e  toM  them,  that  they 
could  not  but  oliser^-e  how  that  he  was  singled 
out  amongst  thousands,  (against  whom  much 
more  than  all  he  is  charged  with  could  he  al- 
ledged)  and  that  they  must  of  necessity  ac- 
knowledge (if  they  would  speak  out  their  own 
conscience)  that  wliat  he  had  said  was  spoke  in 
pure  innocence,  and  duty,  and  only  for  the  exo- 
neration of  himself,  as  a  christian,  and  one  ho- 
noured to  be  of  his  majesty's  privy  council 
(where  he  was  Itoimd,  by  his  oath,  to  speak 
truth  freely)  and  not  to  throw  the  smallest  re- 
proach (ill  either  persDU  or  thing.  Adding, 
that  he  was  loath  to  say  any  thing  that  looks 
like  a  relli^i'tion  upon  his  majesty's  privy -coun- 
cil ;  hut  if  the  coun<-il  nui  wnmg  one  of  their 
own  nuniljcr,  he  thoirnht  he  might  demand,  if 
he  had  not  met  with  hard  measure  ?  For  first 
he  was  pressed,  and  persuaded  to  come  to  the 
council  ;  then  they  receive  his  explanation, 
and  take  his  oath,  then  they  complain  of  him 
to  his  majesty,  where  he  had  no  a(*cess  to  be 
heard  ;  and  by  their  letter,  undin*  their  hands 
aftirm,  that  they  had  licen  careful  inA  to  suffer 
any  to  tHke  the  Test  with  their  own  explana- 
tions, alinJi  that  they  had  allowed  a  thing  very 
like  it,  ilrsi  to  earl  Uueeiisl>erry,  tiien  to  the 
chTgy  :  And  the  pre«i«!ei;t,  now  chancellor, 
hiid  jKnuitted  several  members  of  the  irollege 
uf  justice  to  premise,  nhen  they  swear  tlie 
Test,  M>me  one  seiiM',  and  some  another,  and 
some  nonse::se,  as  one  saying  betook  it  in  sano 
sciisu  ;  another  making  a  speech  that  no  mau 
understood  ;  a  ihiitl,  all  the  time  of  the  read- 
ing, repeating,  *  l^ird  have  merry  ii]>on  me 
miserable  sinner :'  Nay,  even  an  ailVocate,  after 
being  debarretl  a  few  days,  In^ause  albeit  no 
clerk,  yet  he  uould  not  take  it  witliout  the  l>e- 
nefit  id'  his  clergy,  \iz.  the  council's  explana- 
tion, was  yet  thereafU-r  admit tfd  without  the 
warrant  uVthe  cOunciPs  tut :  but  all  this  in  the 
case  of  so  many  other  was  ri^ht  and  sf^Hni. 

3R  ■ 


I 


FurllitT  ihc  oounci)  cxpi'eis)}'  lieclore  theearl  lo 
lit  Kuilty,  brfure  \u>  bail  eter  liaid  one  word  in 
Ilia  own  duluuce.  Thereafter  liomt:  of  them 
bccnm*  hif  oMtz^n,  uul  atbers  of  ifaem  ivit- 
BCMM  affiiinn  liim ;  eml  •JW  ftll,  th«v  do  of 
SAW  oonnri-u  thciiiMlvei,  by  a  secood  fetter  tg 
llU  ini\io)ity  (n  lirrcin  tlicy  uxsert,  ibat  of^er  liiU 
d>baie,  ana  plcnr  [inibHiiuD,  lie.wns  Touod  ^Ity 
•f  trowiri,  j(('.)  Id  bow  UMUilenceiiastagiauuil 
Jlim.  and  (hat  iif  «t  high  a  naltiie,  oiid  so 

tkilt'ul  a  ci>a»«tuciice,  as  sutlera  mi  jwnion  to 
uiicanccmrd,  far  Itm  iheir  lordsbips  liis 
juipr*,  wlio  iii>on  ^lUiidn  equally  just,  aoil, 
ttbirh  IB  inoiv.  nlrpoily  pccdcteriniii^  bj'  ihem- 
IKirrt,  may  tatm  iiiMt  with  tbe  same  nuasure, 
act  only  aa  (uncealtrv  of  inason,  but  upon  the 
1«M  pnlanded  dlK^ivdioiKV  at  uon-ooiuplianoe 
with  any  art  uf  parlianmit :  aod,  after  ad,  must 
IntklliUy  t*min  an  aoouual  to  Uwl  Almi{;hty. 
Ua  hiria  tluan  tliMWon  lay  thrir  bands  to  their 
want,  aad  wiiBIcrrr  Ihry  *\uM  judge,  he  is 
WW  ad  lb«l  (iud  knows,  and  he  hopes  all  un- 
<iiw»d  mcu  iu  the  rtotlii  will,  or  may  know, 
ft*  ia  umiImt  Buillv  of  treason,  nor  any  of  die 
•riCBra  libclM.  lie  Myabcbiiladhow  many 
MR-dBhiminaasertiiig  ihetnie  Prolcslant re- 
tigion.  aod  titdr  lovalty  to  bis  m^esly  ;  only, 
hf  nddi,  if  he  mntdjiixIiTy  himaeU'  to  Uod,  'us 
h.-  rin  1..  Vit  |.,,;.L«ty.  hp  IS  sHiie  he  mi^t  sc- 
r.i.Mi(  1  i.-.  I.  '  ..  tTapj.icst  man  aUvc.  But 
y  ■  '  _     .  .  I.'  Her  hujK:  in  ibe  mercy 

"'     '  .'<  Chrtiit,  he  thereu|Min 

r«  -■-  >'  'n  I'.i '  Li-  r'  lU  jiislicc  here  on  earlb,  or 
not.  lli-tiiys,  be  will  add  nothing  to  more 
Ama  I'itlnT  to  teudtrntsii  or  pity ;  he  bnuwa 
Ihot  niil  to  be  the  place,  and  pretends  lo  neither 
ftoiii  til  em  1  Ho  pleads  lii«  innocence,  and 
0(«v«  justice,  teavin^r  it  to  their  lurdsbips  to 
caiiKJili-r  uui  HI  much  liis  uairticular  cnae,  ns 
what  a  [iroparatire  it  loay  be  made,  and  what 
1uaybciiaconBei{itcneeB:  And  if  all  lie  batb 
■uUiduuvitheriviuviuce,  nor  iiersuade  them 
W  ailerllivir  jttdginciit,  yet  lie  dcuires  iheiu  to 
MOaidn,  wholherlbe  COM.' do  not,  at  least,  de- 
••t»lo  bomowRiUy  rfuresBnial,  and  left  lo 
mt  miiitwCy'a  Mitloni  undjnsbce,  seeiiii|:  tlukt 
it  till  iii:iiiii- |>!i-s  ii|>i.iii  ret'drd  for  treaenn,  it 
(«iuiiiniilir,,l,  i;,.,:  Ii.iiidrfds  of  the  bst,  and 
•  111' mokt  innocent,  may,  by 
tl'.,  Uiil  iindi^r  Ihi' like  condeni- 

Uoii,  vihi'nvUT  tbu  king's  advocate  shall  be 
Mitrelo  ummpifd, 

AudtliiMydU  have  «|>art  of  nhaltheenri 
bttviHlrtI  In  liavt- Hiid,  belore  pronouncini^sin- 
taHiT,  if  bi<  hal)  not  niudu  hit  escape  before  the 
llaj  '  yt  MimalhinKi'  I  |>erceiic  by  his  notes 
«T«  tlill  III  bik  iiwn  brrast,  rk  only  uroper  to  be 
MldtA  bU  iniucMy.  1  find  cetera!  quntatiuns 
•W  ut  llie  aihooate's  minted  books,  that,  ii 
ttwiu.  ha  Mim  to  make  Eume  use  ol:  but, 
iMiiV  '*  Wtndd  tia*e  be^u  too  great  an  inter- 
It  tw  lMvnan|di«it  them  lo  the  pJiu^eadC' 
li  I  Itatti  *iii||<ii  iM (I  tlirnt  li^^ctbiu',  leai-ing- 


Ibr.nii 


It  WM  by   INiuw  remarked,  IhU  when  the 


day's  debate,  resolved  that  t 
judgroent  upon  it,  they  sent  tt 
one  of  their  number,  an  old  and  ii^ 
«ho  beiii^  also  a  lord  of  the  aeaaMii,,^ 
cayed  tfanm^b  ^e,  that  Le  bath  ( 
Gonsidernble  time,  "been  allowed  ta 
ttiro,  in  the  outer -house  (as  thuy  iJiSI 
theyjodge  leaser  causes  alone:  hut 
itaiiding  bath  his  ase,  and  inSni 
that  he  was  ffoue  to  bed,  lie  vait  h| 
brought  to  tbc  court,  to  consider  • 
a  ^eat  deal  whereof  be  had  not  h*m 
court;  and  withal,  as  is  bJunsai 
the  dei'k   wai  reading  soiDC  of  it  tt 

It  ivne  alto  remarked,  tliat  thft' 
justiciary  being,  in  all, five,  via.  thaH 
above-mentioned,  tvith  the  lonb  Oa 
Newtoun,  Hirkhouse,  and  Forret.iW 
found  releiant  only  by  the  oddn  gf' 
two,  liz.  the  lord  Nairn  afan»aid, 
made  prcsidenlortM 


gentienian,  and  a  true  old  cKn 
the  lord  Hirkhouse,  a  tmnied  ant. 
juilge  :  as  for  the  lord  justice  ffeMI 
\>aa  also  present,  and  preitiiteil,  liia  ; 
cordingf  to  the  censttlulion  ol'tlie  coui^ 


But  to  return  to  my  Narrative,  the  ^ 
ve  alreaily  tuld  you,  did  not  iUb 
isons  that  you  shall  hear,  to  atay  tiff 
jesty's  return  came  to  the  enunciCs  lai 
but,  taking  hil  onjKirtunity,  wade  hi 
out  of  the  castle  of^Ediuliuivh,  iipun  ' 
the  20tli  of  December,  about  eight  i 
and,  it)  a  day  or  two  oficr,  came  bia  n 
Ansiier  here  subjoined. 

The  King's  Akswbr  t»  the  Council's 
('.  R.  Deicmher  18, 

'  Most  doarlv,  ^c.  having  this  day 
'  your  letter  of  the  14th  inslaut,  givinf 
'  count  that  our  advocate  having  beeo 
'  by  yon  to  insist  in  that  process  raiat 

*  instanee  a^insl  the  Earl  of  Argyll 
'  afler  full  debate  and  clear  probotiM 
<  guilty  of  treason,  and  leasing-- loaki 
'  twixt  us,  our  parliaoient,  and  our  pM 
'  the  reproaching  our  laws  and  acts  s 

*  ment :  we  have  notv  thought  fit,  I 
'standing  of  what  was  ordered  by* 
■letter  to  yon  of  the  15th  of  Nut-enl 
■  hereby  to  autboriu  yvu  to  grant  a  W 
'  our  justice  general,  and  the  reiuaaa 
'  of  our  justice  court,  fur  prooeediMt 
'  ooimce  a  sentence,  upon  the  venS 
'jury.Dgninil  thcsaid  eurl  ;  ueiertW 
'  our  express  pleasure,  and  ue  do  hM 
'ouirt  you,to  take  care,  that  aUca|t 
'  the  sentence  be  slopped,  until  ov  |B 
'  Rl  lo  declare  our  fiirllier  pleaiimiAM 
'  for  doing  whereof,  5tc.'  T 

Which  Answer  being  read  in  cmaM 
Tlinnday,  a«d  the  aom-t  vf  jualkiM 


.a^  :i 


STATE  TRIALS,  33  Charles  II.  l681.— >r  High  Treason. 


[982 


I  iff  last  adjmiraDiciit,  beings  to  meet 
:lie  Friday,  after  a  little  lusitation  iu 
U  whether  the  court  of  justiciary  could 
dto  the  sentence  of  fbrfaulture  a^nst 
*1,  he  beinji^  absent,  it  was  resolved  tn  the 
Ltive ;  and  what  were  the  grounds  urged, 
of  hesitation  or  resolution,  1  cannot  pre- 
say,  there  being  iHitbing  on  record  that 
earn.  But  tliat  you  may  have  a  full  and 
in^  account,  I  shall  briefly  tell  you  what 
rduiarily  discoursed,  a  part  whereof  I 
id  in  a  petition  given  iu  by  the  countess 
vie  to  the  lords  of  justiciary,  before  pro- 
ng sentence,  but  without  any  Answer  or 
It  was  commonly  said,  that  by  the  old 
id  custom,  thccourt  of  justiciary  could 
re  in  the  case  of  treason  than  of  any 
aime  proceed  further  against  a  person 
npeanng,  and  absent,  than  to  declare  him 
w  and  fugitive :  and  that,  albeit  it  bo  8in- 
in  the  case  of  treason,  that  the  trial  may 
even  to  a  final  sentence,  thuiigh  the 
lie  absent,  yet  such  trials  were  only  pi-o- 
and  always  reserved  for  parliaments : 
at  so  it  hail  been  constantly  observed 
fter  the  rebellion  in  the  year  1G66:  but 
leing  several  persons  notourly  c:ignge<I 
reMlion,  who  had  esca|ied,  and  thereby 
mwn  themselves  from  justice,  it  v/ns 
It,  that  the  want  of  a  parliament,  fur  the 
w^t  not  to  afford  them  any  iiumimity  ; 
erefore  it  was  resolved  by  the  council, 
dvice  of  the  lords  of  session,  that  the 
if  justiciary  shoulil  he  summoncHl,  and  to 
d  to  trial,  and  sentence,  against  thc% 
B,  whether  they  compeared  or  not,  and  so 
done :  only  because  the  tiling  was  new, 
deed  an  innovation  of  the  old  custom,  to 
all  sure,  in  the  (irst  parliament  held 
fter,  in  tlie  year  1609,  it  was  thought 
mfirm  these  proceedings  of  the  justiciary 
;  point,  and  also  to  make  a  perpetual  sta- 
hat,  in  case  of  open  rebellion,  and  rising 
fM  against  the  Idn^  and  ^vemment,  the 
a,  hi  all  time  coram^,  might,  by  an  order 
us  mgesly'B  council,  be  tried,  and  the 
prooeeiled against  by  the  lords  of  jusii- 
efen  to  fin^Jfatfence,  whether  the 
■  compeared  or  ai^  This  being  tlien  the 
(t  law  and  custom,  it  is  apparent  in  the 
lace,  that  the  carl's  case,  not  bein^  tliat 
>pea  rebellion,  and  rising  in  arms,  is  not 
MWBpielicnded  in  the  act  of  pariiament,  so 
is  without  question  that  ii  in  the  begin- 
•hftd  notenteretl  himself  prisoner,  but 
■d  hiwanH',  the  lords  of  justiciary  could 
ve  giBDeAuther,  than,  upon  a  citation,  to 
larined  Un  Aigitive.  But  others  said, 
leawiiMtTing  both  cntere<l  himhelf  pri- 
m4 empeared,  and  after  debute  having 
Mpd  yoilty,  before  be  made  his  escape, 
■micb  altered.  And  whHher  the 
Dolwithstanding  of  the  earl's  iii- 
ipe,  yet  go  on  to  sentence,  was 
;  for  it  was  alledgcd  for  the  ai- 
im,  tfaaft  aeeinflr  the  earl  had  twice  com- 
^  Md  ^iMt,  aftor  debate,  the  court  iiad 


given  judgment,  and  the  assize  returned  their 
verdict,  so  that  nothing  remained  but  the  pro<r 
nouncing  of  sentence,  it  was  absurd  to  think 
that  it  should  be  in  the  power  of  the  party, 
thus  accused,  and  found  guilty,  by  iils  i^icapo 
to  frustrate  justice,  and  withifraw  hiuiself  from 
the  punishment  he  deserve<l.  But  on  tiie  other 
hand  it  ¥ras  pleaded  for  tlu?  earl ;  that  first,  it 
was  a  fundamental  rule,thut  until  onre  the  cause 
were  concluded,  no  seuti'nce  could  be  pro- 
nounceil :  next  that  it  was  a  sure  maxim  in 
law,  that  iu  criminal  ai^tioiLs  tlirre  ncilhur  is  nor 
can  be  any  other  conclusion  of  the  cause  tlmn 
the  iiarty  s  presence  and  silence  ;  so  that,  after 
all  tnat  hail  past,  the  ear]  had  still  freedom  to 
add  what  he  thought  fit  in  his  own  defence, 
liefbre  pronouncing  seiilcncK^,  and  therefore  tlie 
lord  of  justiciary  c<mld  no  more  proceed  to  sen- 
tence against  bun  being  esi!aped,  tlian  if  he  had 
been  aWnt  from  the  beu^inuiiig,  the  cause  he^ 
ing  in  both  cases  equally  not  concluded,  and 
the  principle  of  law  uniformly  the  same,  viz. 
that  in  criminals  (except  in  cases  excepted)  ne 
Hnal  sentence  can  be  given  in  aliscnce :  for,  aa 
tlie  law,  in  case  of  absence  from  the  beginning, 
doth  hold  that  just  tninper  as  ncitlier  to  sufler 
the  contumadous  to  go  ahogetlier  unpunished, 
nor,  on  the  other  hand,  finally  to  condemn  a 
j  party  unheard.  And  therefore  doth  only  de- 
clare him  fugitive,  and  there  stops :  so  m  the 
CUSP  of  an  escape,  before  sentence^  where  it 
cannot  be  saifl  the  party  was  fully  heard,  and 
the  cause  concluded,  the  law  doth  not  distin- 
guish, nor  can  the  parity  of  reason  be  refused. 
Admitting  then  Uiat  the  cause  was  so  ftir  ad- 
vanced, against  the  earl,  that  he  was  found 
guilty ;  yet,  1.  Tliis  is  Init  a  dedaring  of  what 
the  WW  doth  as  plainly  presume  a^unst  the 
party  absent  from  tlie  banning,  and  conse- 
quently, of  itself,  can  operate  no  further,  fidly, 
The  finding  of  a  party  guilty  is  no  conclusion 
of  the  cause.  And,  :iJly,  as  it  was  never  seen 
nor  heard  tliat  a  pai  ty  was  condemned  in  ab- 
sence (except  in  excepted  cases)  whereof  the 
earl's  is  none,  so  he  having  esoapetl  and  the  cause 
remaining  thereby  unconcluM,  the  general 
rule  did  still  liohl,  and  no  sentence  could  be 
given  against  him. 

It  was  also  remembered,  that  the  diets  and 
days  of  the  justice  court  are  pertrnptour  ;  and 
that  in  that  c'asc,  e\en  in  civil,  far  more  in 
criminal  courts  and  causea,  a  citation  to  hear 
sentence  is  constantly  required :  Which  induc- 
ed some  to  think,  that  at  least  the  earl  should 
have  been  lawfully  cited  to  hear  sentence  be- 
fore it  ooulil  be  pronounced.  But  it  is  like  this 
course,  as  confessing  a  difficiUty,  and  occa- 
sioning loo  long  a  delay,  was  therufoie  not 
made  use  of.  However,  iiiMin  the  m  hole,  it 
was  the  general  opinion,  that  seeing  the  lU'- 
noiinciiig  the  earl  fugitive  woiihl  have  wrought 
much  more  in  law  than  all  that  was  comiiionly 
sai«l,  at  first,  to  be  dc'signed  against  him  :  And 
that  his  case  did  ap|K*ar  e\ery  way  s(»  liivour- 
ahle,  that  iin|Kirtial  men  stilf  wondertil  how  it 
cainc  to  hi*,  at  all  (|uestione<l,  it  had  been  btittfr 
to  liave  listed  the  process,  with  his  oscape,  and 


i 


made  iiis  ejicape :  Therefore  tbc  lords  com- 
misKidiiLTS  of  juKticiarv  disi-ern  and  udjudtj;^ 
the  said  Archibald  enrl  of  Arg'ylc  to  lie  exe- 
cute to  t'.'ie  doatli,  demainud  as  k  traitor,  aiid 
to  underlie  the  pains  of  tn^asun.  and  otlier 

1>iinishnicnts.a{»pointcd  by  the  laws  of  this 
kin;^doni,  when  he  shall  be  apprehended,  at 
siu'ii  a  time  and  place,  and  in  such  manner 
as  his  innje:>ty  in  his  royal  pleasure  shall  think 
fit  to  declare  and  appoint :  And  his  name, 
memory,  and  honours,  to  bo  extinct:  And 
his  arms  to  be  riven  forth,  and  delete  out  of 
the  BooLs  of  Anns,  swa  that  his  posterity 
may  never  have  place  nor  be  able  he reaiU'r  to 
bruick  or  joyse  any  honour,  offices,  titles, 
or  disunities,  within  this  realm  in  time  cominfi^ 
and  to  have  fortkulted,  ainitted,  and  tint,  all 
and  sundry  his  lands,  tenements,  annual - 
rtuls,  officios,  titles,  dijrnities,  tacks,  stewl- 
in<^.s,  rowmes,  possessions,  i^oods,  and  geere 
whatsumcvcr  pei-taihiag  to  him,  to  our  sove- 
reig^n  lonl,  to  remain  iKT|>ctually  with  his 
hiirhness  hi  property.  Which  u as  pronounc- 
ed for  doom,  U:l  Dec.  ICiil.' 
AfVerthe  iL-iulinir. and  putiUshin^^  whereof, 
the  earPs  coat  of  arms,  hy  onlcr  of  the  court, 
was  also  torn  am!  ranvc-scd.  iMith  in  the  court 
and  at  the  iMerrat-cross  :  Al!»t  it  some  thoucrht 
that  this  was  rather  a  pun  of  the  execution, 
which  his  inajcsty's  letter  discharifcs,  than  a 
ueccssary  holcmniiy,  in  the  publication  ;  and 
tlu"  advocate  hiii\s(h',  s:iys,  p.  61,  of  his  Print- 
ed Criminals,  that  it  should  only  be  practised 
in  the  crime  of  itcrduelliun,  but  not  iu  other 
treasons. 

The  Kkajsons  and  Mimves  of  the  Earl's  Es- 
cape,  with  the  Convrlusimi  of  the  whole 

T'l  »::'.    ?  111". 

i !::' « ii.l'v  tsvape  wa**  at  first  a  i^rorit  sm- 


■•i»|r|»^<iau^  t*    «ak^i«;    uviifi  c     asaa  can. 

as  it  were  opened  his  eyes,  and  fa 
and  presented  to  bim  several  thin 
new  lifirht,  and  so  maile  all  to  u 
tuial  dcteriuiiiatioD,  he  had  stavec 
last. 

Which  that  you  may  the  bettei 
you  may  here  consider  the  se^en 
that,  toj^etlier  witli  what  he  hima 
told  some  friends,  ap[iarently  occ 
in  these  bis  second  thoughts,* in  ih 
order. 

And  first  vou  hare  heard,  in  tl 
of  this  narrative,  what  was  the  i 
of  the  carl's  declimn(f  in  his  highn 
You  may  also  remember,  tliat  I 
advocate  takes  notice,  that  he  del 
the  act  enjoining  the  Test,  in  th 
And,  as  1  hav(^  told  you,  he  ws 

t»erson  that  s|K>ke  against  exceptii 
brothers,  and  sons,  from  the  oath  i 
for  seeming  the  protestant  rehg 
subject's  loyalty,  not  thinking  it  i 
ment  with  a  privilege  where  all ! 
tion  apiK*ars  rather  to  lie  necesfoi 
a  reveretid  bishop  told  the  carl  al 
dow  iiri<>fht  fired  the  kiln.  ^\  fa 
haiipeuiHl  in  parliament,  and  how 
always  ready  to  have  laid  al 
at  his  majesty's  ft«t :  And  I 
content,  in  council,  to  be  hc4d  a  i 
Test,  and  thereby  incur  an  entir 
of  all  public  trust,  is  above  fully  d 
oiilv  hem  remembered,  to  shen 
thu  tiiri  ha<i,  from  his  first  coo 
bur^h,  iu  the  end  of  October,  1 
soiiicthiu};  else  was  intetuJed  aga 
th«' simple  divcHtini?  him  of  his 
;i:*<i  iiiris(!ii  tioiis.  And  vet  sucli ) 
iiiK'^' (li  iiis  iiihocfurr,  that  whi't 
tlucuiincil  to  inter  his  person  in 


5]  STATE  TRIALS,  33  Charles  11.  1 68 1. —/or  High  Treaion.  [986 


■  offence,  in  terms  that,  it  M'as  said,  at  first 
id  girau  satisfaction  :  But  yet  the  only  return 
e  earl  had,  was  a  criminal  summons  con- 
ining  an  indictment,  and  that  before  any  an- 
rer  was  come  from  his  majesty.  And  then, 
'  soon  as  his  majesty's  answer  came,  there 
as  m  new  summons  sent  him,  with  a  new  in- 
ctmcnt,  adding  the  crimes  of  treason  ^and 
ffjury  to  tliose  of  reproaching*  and  depraving, 
hich  were  in  the  first  libel,  as  you  have  heard 
wve ;  whereby  you  may  perceive,  how  early 
le  design  against  the  earl  began  to  grow,  and 
vw  easily  it  took  increase,  from  the  least  en- 
Miraeement. 

Srdly.  When  the  earl  {letitionrd  the  coimcil 
ior  ailvocaU'S  to  plead  for  him  :  Albeit  he  peti- 
Mied  tuice,  and  ii|ion  dear  acts  of  parliament, 
net  he  hod  no  better  answer  than  what  you 
nve  above  set  down.  And  when  the  earFs 
Ktition,  naming  sir  Geoi^e  Lockhart  as  his 
irdiDary  advocate,  was  read  iu  council,  his 
ighncss  openly  threatene<l,  that  in  case  sir 
George  should  undertake  for  the  earl,  he  should 
mer  more  pleaii  for  the  king,  nor  him.  But 
the  earl  taking  instruments  upon  sir  George's 
iffbaal,  and  giving  out,  that  he  would  not  an- 
nrer  a  word  at  the  bar,  seeing  the  benefit  of 
luryers,  according  to  law,  was  denie<l  him  ; 
■r  George,  and  other  lawyers,  were  allowed 
to  assist  him,  but  still  with  a  grudge.  Like- 
IHK  atlerwards,  they  were  questioned  and 
esDvened  before  the  council,  for  having,  at 
Ike  carl's  desire,  signed  their  iKmitive  opmion 
if  the  case.  At  which  time  it  was  also  said  in 
BBoncil  by  his  highness,  that  their  fault  was 
pester  than  the  earl's  :  However,  we  see  that 

■  he  was  the  occasion  of  the  anger,  so  he  hath 
nly  found  the  smart  of  it. 

4tbly.  The  whole  process,  with  the  judg- 
■eat  «if  the  lords  of  justiciary,  and  verdict  of 
ike  assize,  when>by  the  earl*  was  found  guilty, 

■  von  have  seen  (notwithstanding  of  what 
hein  so  fdainly  appeared,  and  was  so  strongly 
pkided  m  his  behalf)  of  leasing-nuiking,  dc- 
pKfiog,  and  treason,  is  of  itself  a  clear  de- 
■OMtrstion,  tliat  either  the  highest  punish- 
■cnt  was  intended  fur  so  high  a  guilt ;  or  that, 
M  least,  it  was  no  small  humiliation  that  some 
^nigned  for  him :  It  lieing  equally  against 
MsDB,  and  prmlence,  setting  aside  the  uitf  r- 
i<  of  justice,  to  strain  things  of  this  nature 
fe^sod  the  ends  truly  proposed,  and  which,  in 
WO,  are  only  the  more  to  be  8us[>ecteil,  the 
^•re  they  are  conccmled. 

^ly.  'tlie  proce:M  being  carrie<l  on  to  the 

•diet  of  the  assize,  and  the  council  being  tied 

^  by  his  maje(i'«y's  letter,  b«;fore  pronouncing 

^  to  send  a  [Mirtif:u1sir  account  to  his 


_  ^  of  what  the  earl  should  be  found  guilty 
^  far  his  majesty's  full  iiifon nation  :  I'he 
Macil  doth  indeed  dispatch  away  a  new  letter 
PBcdiaSely,  for  his  majesty's  leave  to   pro- 


1;  but  insteml  of  that  particular  a«Tount 
.  irad  by  his  majesty,  for  his  full  informa- 
iHly  all  the  intbnnation  was  ever  heard  of  to 
KaentbTthe  cimncil,  was  what  is  contained 
■the  body  of  the  letter,  wherein  they  briefly. 


but  positively,  affinn.  That  ailer  a  full  debate, 
and  clear  probation,  he  was  found  guilty  of 
treason.  vVhich,  all  men  must  say,  was  far 
better  contrived  to  prompt  his  majesty  to  a 
speedy  allo^i-anre,  than  to  give  him  that  par- 
ticular information  of  the  case  which  hb  ma- 
jesty's letter  expressly  requires,  and  the  eail 
expected  should  nave  been  i>erformed. 

But  further,  the  coimcd  was  commanded 
to  sign  this  letter,  not  simply  in  the  onlinary 
form,  but  by  a  special  command  laid  on  every 
member,  and  the  cleric  appointed  to  go  about 
and  get  their  subscriptions,  telling  them  they 
were  commanded ;  and  complaming  to  the 
duke  when  any  scrupled  to  do  it.  T%e  strict- 
ness of  which  orders  is  apparent  enongli  fVom 
the  very  subBcri]>tion8,  where  you  may  not 
only  read  the  names  of  bishons  snl>scribing  in 
causa  tan  quints,  but  some  of  tne  eari's  friends 
and  relations  who  wanted  courage  to  refuse ; 
and,  in  effect,  how  many  of  all  the  members 
did  it  willingly,  is  hard  to  say,  seeing  gcnerell j 
they  excuse  the  deed  in  private. 

6th ly.  About  a  week  or  two  before  the  trial, 
the  earl  had  notice,  that  at  a  close  ^uiu^to, 
where  were  persons  of  the  greatest  emmency, 
it  was  remembered  by  one  present,  how  tluit 
anno  1663,  the  earl  had  been  pardoned  by 
his  majesty,  af\er  he  had  been  found  guilty  bj 
the  earl  of  Niddleton  and  that  pariiament. 
And  that  then  it  was  looked  on  as  an  error  in 
the  earl  of  Middleton,  that  he  had  not  pro- 
ceeded to  execution,  albeit  his  majesty  had 
given  command  to  the  contrary,  because  (as  it 
was  said)  it  would  have  been  but  the  same 
thing  to  him.  But  now,  ailds  this  kind  re- 
membrancer, the  case  is  much  more  easy  : 
now  his  royal  highness  is  on  the  throne :  it 
might  have  cost  earl  Middleton  a  frown,  but 
now  it  can  signify  nothing,  but  will  rather  be 
commended  in  his  rov^  highness,  as  acting 
freely  like  himself,  ^e  stop  of  the  sentence 
looks  like  a  distrust;  but  this  will  vindicate 
all,  and  secure  all.  And  as  the  first  part  of  the 
story  the  earl  remembered  well  he  had  heard  it 
from  the  same  i)erson,  An.  166<Vand  had  re- 
ported it  to  the  duke  of  Lauderdale  a  little 
aflcr  ;  so  the  second  part  being  of  a  very  well 
known  dialect,  could  not  but  give  the  eari  the 
deeper  impressions.  It  was  further  told  the 
earl,  ut  the  same  time  when  the  council's  letter 
to  ol»tain  his  majesty's  assent  to  the  pronounc- 
ing sentence,  and  leaving  all  to  discretion,  was 
sent,  that  it  was  thought  fit  that  nothing 
should  ap|)ear  but  fiiir  weather  till  the  very 
close.  Yet  was  the  earl  so  confident  of  his 
own  inn«)cence,  and  his  maji^sty's  justice,  that 
he  did  not  doubt  but  his  majesty,  seeing  the 
pn)cess,  would  at  least  put  a  stop  to  the  sen- 
tence. But  af\er  the  council's  letter  was  gone, 
in  such  terms  as  you  have  seen,  to  seek 
liberty  frt)in  his  majesty  to  proceed  to  sentence 
(wiihuut  either  double,  or  abbreriatc  of  the 
process  sent  with  it)  an<l  no  doubt  siumith  insi- 
nuations made  with  it,  that  all  designed  was 
to  humble  the  earl,  or  clip  his  wings  :  and  tliat 
this  letter  wui  luisted  ftway  by  a  iieeing  pae* 


^  .9671     STATETRIALS,  33CllARLUli.  ib&l.— Trial  e/tbtRert  aJArg^ 


I 


fOfl.tDlircTenUW  earl's  ap|ilintioR,  which  it 
onnid  DOt  but  do ;  and  so  couXil  ual  but  lia*e 
wciglil,  aod  prevul  with  his  miijeMv,  (M 
whom  Ihf  esrl's  |ictitinn,  us  romiog  Ion  kb', 
•ns  indted  never  prcsifnted]  Aen.  etiil  not  till 
Iben,  tiie  earl  be^tsn  lu  liavf  aew  Itiuuglibi. 

Tlbly.  Tbe  end's  trkt  having  bm*a  upon 
-Slonday  and  Tuesdn^i,  tlie  12tli  and  13lh  of' 
lOeoemberi  udihi  Hit  lltlt,  the  euunctl's  kilei- 
^MB  dispatolieil  i  and  upon  Ibe  l.^tb,  tbe  carl 
lutruatetl,  by  a  Irieud,  tor  kbeny  to  apeak  to 
ilk  royal  higlineis ;  wbww  M»wer,  tru,  that 
it  waa  not  ordinsry  to  speak  lo  mmiualai, 
«sc«pt  with  rogues  on  some  Pkn,  where  dis- 
COrerio  might  be  (special :  jet  hig  hig^ncwi 
«aM,  he  nuuld  adnse  upon  it.  But,  upon 
Friday  the  lOUi,  he  did  reTjK  it.  Vet  the 
«arl  did  teaew  i\i»  suit,  end  iir^d,  Tlmi  he  had 
'ami  a  petition  lu  bis  naaiesty,  whiirli  waa  llu? 
first  he  had  aeot  upon  iW  oecasian,  rihI  4wt, 
'lieforftbAnturD  sbuiildooniv.be  wiu  disirMVi 
io  ha'c  hit  bi|;line3s's  anairpr,  thai  hi?  mi^ht 
«we  some  parivl*  the  bfoiir  be  cxpo.'tcd,  to 
Ju«  liigtuieis. 

Bui  ou  Meoday  monuD);,  the  Idth,  ilie 
•arl  WM  ti^,  he  was  not  like  to  have  any  ac- 
■cicm;  oudia  the  aiiemaon,  be  heard  Ihattke 
TMnrn  ot'thecouncirx  express  was  looked  fiir, 
cm  Tliuraday  Ibe  SSnd.  beiii§^  the  ttoundl  day. 
.Aad  ftinbcrthat  tbe  juitico  court  (which  ac- 
cording to  it«  custom  had  aat  the  came  M*n- 
4ay,and,  in  course,  should  have  adjoiimHl  till 
iMoiHtey  the  S6lh  of  December,  or,  heemse 
of  ChmHnas,  to  the  first  Miaiday  <il'  January) 
«ts,  tor  the  (.iiH's  Boke,  adjourned  tJl  Fiiday 
Jhc  33id,  to  the  end,  iliat  irnniediaieiy  upon 
the  king's  return,  they  mi^hl  proDounce  sen- 
tence. He  was  inoreuter  intbrmcd,  that  his 
royal  higimess  was  heard  say.  That  if  the  ea- 
press  retumed  not  timonsly,  he  would  tnki^ 
ilpon  himseli'  what  wns  lo  be  done.  Which 
beiiig'guieral,  and  dark,  was  the  more  to  be 
■KUSpeOed.  All  til  is,  thr  eari  told, made  him 
the  mne  Itlondsy  kte,  cast  in  his  Ihongiits 
wbeUier  il  n  ere  not  fit  tbr  him  lo  attempt  an 
-cacape;  but  Jiis  doubling  wereao  meayhe 
cxiulil  read i-e nothing,  thatnight,  except  lo  put 
■off  lill  Wodnesdav.  Ytl  on  Tiiesdny  morn- 
ing he  be^fan  to  think,  il'hodidat  all  denigii  to 
'•scape,  he. hikd  beet  do  itthot  vanii?  emun^. 
'Bowerer  he  tvat,  even  then,  D«t  liilly  resulred, 
.nor  hod  be  as  *«  spoke  one  woni  of  it  to  any 
imorlal.  Bol  about  ]0  o'cloek  thia  Tnesdav, 
-Ui  highnesa's  abaohilc  refaral  to  suffer  the 
carl  lu  see  him,  until  his  mnjesly'a  TMnrn 
'Came,  ma  oonfinned  :  and  alinm  noon  the 
'Carl  heard  that  sometraopB,  and  nregfiumil  nf 
fcol  were  cotne  lo  lowu  ;  and  that  ihe  next 
Ay  he  was  lo  lie  bran)(ht  down  from  ihe  nstle 
Mtbt.' cnnniiin  (iitl  (tromniiieh  "riiuinids  are 
ordinarily  oaniol  (o  ciecutioii)  and  then  iie  fe- 
•olvctl  lo  make  hb  Mcape  thai  veiy  nigtM,  and 
-yel  did  not  contMe  it  thnrooghly  till  five 
o'ekicli  in  Iho  *venitiqf ;  at  which  time  he  gave 
•dircrtiM9Bbotitit,  ni>t  thiolcin^to  tcMy  it,  till 
IKsr  tim;  hnt  at  sc^eo,  one  vwoiing;  up  Irem 
4c  dty^Mtd.miing'hiM  Ibu  oaw  oma  wcaro 


pritalcly  ifiven  for  ftirlhur  wfutiM^ 
tlial  die  Caalle  piarda  wtn-  doubUrfTt 
suflentd  to  go  out  withfrat  showing  W 
and  ibat  Mnne  hdics  had  bcoi  iM 
to  ilo  it,  and  therefore  disaiiadio^  Ul 
tempi  any  <weapc,  becnuac  it  wax  in 
the  carl  noid  No,  then  it  is  lull  lime 
he  niade  haste,  and  within  balfanJ) 
by  fiod's  Uesuiit,',  i^I  tale  uul,  tf 
proUy  warmly  by  tbii  Oft  omAry,  M 
dU  by  the  uuun^gHanl ;  and  tlMt,i 
(Treat  gate  wu  qwwid,  and  iIm!  Imi 
drawn  uni  ilouUe,  to  iuak«  a  knr  bt ' 
puny,  one  of  the  ^iMil  who  opened  ' 
touk  him  by  the  arm,  and  fitnted  lital 
pleuied  Oud  he  was  uot  iliMX  '  ' 
waiq  out,  ho  was  not  Ihlly  I 
to  gn.  Home  he  hail  jiidecni 
thuit^bt  it  niijrbt  breud  B 
that  he  designed  uot :  nu  be  nMM*) 
Eogloud.  flnd  to  lake  the  t<Mil,  flwl 
be  miglit  be  hid  luajerty's  lint  hAal 
eaca|ie.  But  bciiwdisapiiuinted  of  kl 
he  expected,  he  (uuiid  tliiit  the  nMi 
eaiape  was  got  brforo  birn  ;  und  mmb 
hecametlic  Imglh  ol' Newmtlf ,  b 
his  majesty  had  givcu  way  lo  pttHioi 
teitce  against  him,  occordi^  aa  he  hn 
headed  fram  the  rircuntst»im  • 
grounds  I  have  lo]d  you ;  which  n 
judge,  it  would  be  an  undiscreM  prM 
in  ttiat  stale,  to  ofler  himself  la  hi* 
while  h«  knew  none  Hui^t  ailihvn  hii 
he  rathpT  ciiUM>d  to  abitl  in  the  wide  i 
his  majesty  might  beat  suim^  grnitw 
both  to  undt-rsliuid  his  case,  aud  appi; 
remedies.  His  m^esty's  clear  anil 
understanding,  and  gracious  and  be 
posiiion,  du  fully  assure  htm,  thai  hif 
dnih  not  in  Ills  thoughts,  ohan^  him 
leSKt  disloyally,  nnd  that  he  liath 
pJnirence  in  biti  riiin.  But  if  his  m 
Btpresent,  lie  under  the  pre«iUG  of  ; 
lucky  inHuences,  not  w>  taay  W  his  re 
nations,  llii'  earl,  it  seeina,  thinks  it  r 
to  wait  patiently  for  a  better  op|ioiti 
noayintle^  appear  ElrRnu;e,  that  isaa 
honour  oppressed  in  his  |>cnon,  almo 
a  parslld,  should  not,  ere  now,  b 
stminiM  him  In  some  |>tibUc  nndirai 
pecially  when  to  the  horrid  seDlet 
against  him,  his  adversaries  have  hi 
wiled  to  c>iii<iie  his  majesty  dispose, 
of  his  Iiprituble  oHlces  and  jurradia 
protended  eye-sore);  hut  also  upon  I 
estnte  and  foitunc,  with  as  little  ooa 
of  iheeorl's  personal  inier<sl,'ssif  Iw 
fi<r  the  blBtieGt  tr^Asxn,  and  mtu. 
PerduHlimi.  Bui,  bniiks  that  wm 
are  of  thnmHelvcs  so  absurdly  wiek«A 
palliiiiing  (iretenoes  do  only  uutail 
more  hateful  ;  and  ibe  very  ^^l| 
doth  strike  with  an  horror,  aot  ioH 
lened  hy  any  reprcsciitntion  :  uirii 
earl,  being  so  astunishingtv  OMI 
wonlg,  as  tirirlv  nnd  boiiMtfy  nll|| 
ciMid  poMibly  ikviw,  dotb,  rn»k^ 


STATE  TRIALS,  34  CuATtl.ES  11.  l6SZ — Proeeedtngs,  ifc. 


IS90 


md  ttiflt  tlii:rc  is  iiotliin^*  he  can  say  in 
natter,  tliougk  with  the  srrenest  mincl, 
in  th<;  «|cr(;:ite«:t  truth  and  sobriety,  that 

not  be  can^nicd  to  (low  from  a  d^i^i  to 
lame  wliere  hitlierto  he  hath  been  tender 
re  any  j^nnind  ot'oflWice.     1  say  (besides 

thiu^H)  he  is  \^  hlhd  (I  know)  most  firmly 
tadud,  that,  it*  e\er  he  shall  have  the  han- 
s  to  be  once  heani  by  his  majnrty,  and  ni 
rewnci*  allowed  to  explain  a  tew  |>arti- 
s,  in  dutv  here  omitted,  his  majesty's  jus- 
umI  goocfnesR  will  quickly  dispel  all  tlie 
b  that  now  hancf  over  him,  and  restore 
to  that  favour  wherein  he  hath  sometime 
sued  himself  Tery  happvy  and  which  he 
2Ter  be  most  reailv  to  acknowlcdg;e.  And 
"Hire  uU  that  in  the  mean  time  he  jud<|re<l 
war}',  or  would  give  way  to,  was  that  for 
*niii^  the  remembrance  of  so  odd  a  trans- 
o,  uiitil  a  more  seasonable  juncture,  some 
lorials  should  be  drawn,  and  deposited  in 

keeping  ;  which  beine  grown  under  my 
I  unto  this  narrative,  1  tnou^t  T  could  not 
r  observe  bis  order,  than  bv  transmitting 

your  faithful  custody.  I  nave  carefully 
em  observed  the  tnitii,  in  point  of  fact, 
lehing  nothing  but  u^n  tlie  best  and 
pest  evidence  can  possibly  be  expected ; 
have  I,  as  to  the  manner,  licenced  or  in- 
ed  myself  in  any  severity  of  expression, 


which,  I  thought,  could  be  justly,  in  such  a 
case,  omitted,  without  betraying  the  cause. 
Yet  if  you  now,  or  any  other  hercatlor ,  shall 
judge,  th:it  I  do  sometime  exceed,  let  it  not  ba 
imputed  to  him  ;  for  as  he  <lid  indeed  charge 
me  to  guaixl  against  any  more  w  arm  or  \  ohe- 
ment  expression,  than  the  merit  and  exigence 
of  tlie  subject  do  indis|>ensibly  require  ;  so  I 
am  assured  tliat  he  silently  and  patiently  waits 
on  tlie  Lord,  committing  his  ^vay  to  him,  and 
trusting  in  him,  that  he  may  brm^  it  to  pass  ^ 
and  that  He  shiill  bring  forth  hia  righteousness 
as  the  light,  and  hisjudguientasthenoon-day." 


The  following  extract  from  an  interce])ted 
letter  of  the  duke  of  York's  to  one  of  hia 
friends,  is  published  in  sir  John  Da]r}'mplc*8 
31enioir8,  Appendix  to  Part  I.  as  strongly 
marking  what  Dalrymple  calls  the  apathy  of 
tlic  character  of  the  duxe  of  York: 

**  Edinburgh,  Dec.  13,  168 1. 
"  Lord  Argyle's  trial  began  yesterday,  and 
tlieir  forms  hi  the  justice  court  are  so  tedious, 
that  they  could  not  make  an  end  of  it  then,  but 
will,  as  1  believe,  this  evening :  and  have  rea- 
son to  believe  the  jury  will  find  the  bill,  and 
not  Ignoramus ;  and*  that  little  lord  wUl  hm 
once  again  at  !;i8  majesty's  mercy.'* 


I. 


l^wrcedings  before  the  King  in  Council,  agiinst  Arthur  Earl 
of  Anglesey,*  Lord  Privy  Seal,  upon  account  of  a  Book  re- 
flecting on  the  Conduct  of  James  Duke  of  Orniond,  Lord 
Lieutenant  of  Ireland :  34Chabli:s  IL  a.  d.  1682. 


Pa  the  Ring^s  Moat  Excellent  Majesty. 

Duke  of  OmioiMl,  your  Majesty* 's  Lirute- 
nam  of  Ireland,  and  Steward  o'f  your  Ma- 
jesty *s  Iloushold,  most  humbly  represent*i : 

f  ^T  the  earl  of  Angiesev ,  lord  priv^'  seal,  in 
year  1(381,  causod  a  book  to  be  printed 
innif  he  hath  acknowledged  hinisell  to  be 

Trom  a  pamphlet  (which  has  been  coU 
I  with  the  Re«^ster  of  the  IVivy  Clounoil) 
islwd,  as  it  is  said, by  lord  Anglesey,  under 
tide  of  '*  A  true  Account  of  the  whole 
rpcrrdinflTi  betwixt  his  Grace  James  duke 
Anoad,  and  tlM»  Right  lion.  Arthur  earl  of 
■l^lMey^  late  Lonl  Privy-iSeal,  before  the 
JMg  and  Council,  and  the  sttid  Kcrl's  Let- 
rn  the  9ndof  A:Mj-ii^t  lo  his  Majt^ty  on 
it  occasion.  With  a  Iieiter  of  the  now 
Hti  Bishop  vC  \V  idc-he^.tiM-'s  to  tlir  saiii 
Ifl^  of  the  means  to  kr*ep  (iUt  l'o|iei'v,  and 
•  oii^  effectual  eokpcdieiit  to  himier  the 
MWlb  thei«of,  and  to  secure  both  th<' 
hwiiih  of  Kn^nd  and  the  Presbyioiian 
Bty.  Landon :  Fruited  for  Thomas  Vox. 
'wt^An^  and  Star,  in  Westminster- hall, 

9 


the  author)  intituled  '  A  Letter  from  a  person 
*  of  honour  in  the  country,  written  to  tlie  carl 
'  of  Castiehavon,  bein<^  Observations  and  Re- 
<  flections  upon  his  lordship's  Memoirs  ooncem- 
'  in^'the  wars  of  Ireland.' 

That  in  the  said  book  there  are  divers  pas- 
sng«^  and  expressions  which  are  not  only  un- 
true, but  reflecting'  in  a  high  decree  uuon  his 
late  majesty's  govern luent,  and  particularly  in 

^^  168?:"  and  containing  the  following  Ad- 
dress to  t!ie  Header : 

*•  That  there  hath  been  a  Contri»versy  be- 
tween the  duke  of  Oniiond  and  the  earl  of  An<- 
glusey,  the  immetliatc  consequence  of  which 
hath  Dcen  the  removal  of  the  earl  from  a  placv 
fifgR'at  honour  and  trust  under  his  majestjp', 
for  M  hich  he  was  in  every  res[»ect  cxtraorcTi-^ 
narily  i«  ell  qualified,  pcrlians  no  man  quea« 
tioiis"  And  many  may  be  liKely  to  say,  that 
the  more  tatal  such  quarrels  amongst  great 
persiinages  are  to  cither  side,  the  more  instruc- 
tiro  they  commonly  urove  to  the  rest  of  man- 
kind, who  are  thereby  let  into  a  prospect  of 
those  thinspt  which  winrc  thought  too  sacreid  for 
the  view  of  the  prophane  vulgar. 

<<  As  e^ery  Uiierior  soldier  may  learn  skil^ 


*991]         STATE  TRIALS,  34  Charles  n.  l6S2.^Prociedings  agahut       [95I 

Tliat  the  lord  privy  seal,  in  the  cmine  oTibBi* 
twenty  years  free  aail  Aj^ndlv  afnauitiiei 
and  comspondence  with  the  dulceor  OnMii 
never  thought  fit  to  give  him  any  intimitetf 
his  lordship's  intention  to  write  a  history  offtl  ^ 
wars  of  Ireland,  and  other  transactiou  thn^ 
wherein  botli  tlie  duke,  and  his  lonl9hip(lbDi^ 
of  opposite  parties)  had  a  ^fteat  part,  lot  ch» 
rather  to  seek  for  information  from  the  oil  tf 
Casllchaven,  and  to  nublish  bis  "  Obwtfttim 
on  the  Earl  of  Castlehaven*s  Mcibbb^" 
in  a  conjuncture  when  his  reflectiom  ii  h 
book  and  his  liCtter  *  of  the  7t}i  uJT  Dcccob^ 
1681 ,  to  the  duke  of  Ormond,  might  mC  m^ 
do  most  mischief  to  him,  but  to  the  gwofr 

on  the  English  in  that  kingdom  in  a  timetfl 
settleil  peace,  without  the  least  occasioagiim 

"  I  must  confess  tliere  are  sevenl  pnagB 
in  the  letter  to  the  carl  of  Castteha^oit  wbcn 
the  duke  of  Ormond  seems  ooDoemed  to  Tih 
dicate  his  own  actions.  IIow  far  the  ckufl 
or  the  defeuce  is  made  fsaoA,  it  it  not  for  M 
to  judge :  nor  shall  I  in  the  least  enter  into  Ai 
merits  of  it. 

*'  I  am  sure  the  earl  of  Anglesey  vakt 
most  noble  declaration,  fit  to  be  writta  ■ 
letters  of  gold ;  '  Truth,'  says  he,  *  betng  il 
'  greatest  and  liest  friend,  1  hail  ratlicriMf 
'  several  persons  and  families  should  lie  wM 

*  tlic  consequence  of  its  impartiality,  thmlfti 

*  the  English  nation  and  Protestant  ifi|ip 

*  slit^nld  sufler  by  a  timon>us  unworthy  (*■ 
»  rctdinsf  or  witlifiolding  any  J>art  of  it.* 

^'II'Ij*  liriiii^  tlu;  said  tail's  avow  til  prii- 
ri;>lv\  in:l!iiiiks  \\v  ouy-ht  lo  Ik;  innKirtiuiui If 
a  ]»ul.!i;-  \i!(lriss,  that  what  he  hulli  njdiuW 
r.nil  halii  Ikpu  '  jirt  pariiij^"  from  rtfonU  oi 
"  aml:i.'ini<;  inii|iiestiaii:ible  relation**  aii'lim* 
'  in  tU-'A-^  i»rr.ial  bliwxiv  trasTi-dv  and  mniclilrt* 
'  iiiS<»:o:i  luun  the  rrown  am!  veryiiaiiyttw 
'  i''!:'^lislinK*n,'  may  siion  set'  the  lin^ht." 

'  Tlu  iiillowin^  Lotters  had  piis*o<lhetw«s 
Til- <'iik<' of  (>iinf)ni!  ami  the  Lord  PhtyStL 
Oil  i!ie  -uhji'ct  ol'tlic  *  Lottur  li*om  a  Person  « 

*  lii.tntiur,'  \c. 


relation  to  the  rebellion  and  war  in  Ireland,  and 
to  the  sevenil  cessations  and  rjeaces  made  by 
bis,  and  your  majesty *s  authority  and  com- 
mand. 

That  in  the  said  book  the  lord  privy  seal  liath 
maliciously  endeavoured  tu  faluniniatc  and  as- 
iierse  the  duke  of  ( >rniond,  by  railing  in  question 
his  faithfulness  and  loyally  tu  his  late  majesty, 
the  sincxrity  of  his  profession  in  point  of  re- 
ligion, and  ni^inuating  tliat  the  cessations  and 
peaces  (destructive  as  he  says  to  tbe  English 
and  Protestants)  were  advised  and  procured  by 
him  the  said  fluke,  out  of  his  aftcction  to  the 
Irish  popish  rebels,  because  he  was  allied  to 
many  of^  them  in  blood  and  by  marriages. 

and  address,  by  smug  two  generals  engage  in 
the  siffht  of  their  arniitm,  so  certainly  this 
paper  battle  between  these  great  ones  may  be 
of  use  to  all  sorts  of  men  that  have  the  least 
grain  of  that  commendable  ambition,  to  pro- 
noun<l  to  themselves  the  greatest  examples. 
Wherefore  1  conceive  no  uiun,  of  wbi(*U  side 
soever  fortune  or  choi^'e  hath  placed  him,  can 
blame  mc  for  procuring  and  exposing  to  public 
view  authentic  transcripts  of  what  hath  passed 
in  this  atlair. 

"  The  bare  curiosity  to  know  liow  such  men 
write,  were  almost  enough  to  tempt  any  one 
to  peruse  these  papers,  but  tbcn  wIkh  tlicy  re- 
late to  the  history  of  unnimuM''  atiuir'^*,  of 
which  either  of  the  parties  may  ^u} , 

'  Quonim  pars  uia:^:ia  lui.' 

**  And  when  tliey  weri>  m>  i:r<:.<  iiu  ii  hi  ;Ii.!p- 
lelves,  and  their  p:M-is  i-i  ih.-  Iii  mtv  ■■^'  ;'iiJ'J 
that  llu'v  ni;iy  he  com}..-.!'.  J  i<i  (.'i./sar  wrnii-^- 
tbe  i '<.Mnine!itaries  <»t'  ii's  <»v  m  i  iilcrijrisc-. ;  I 
whouM  think  iiltn  vvr\  lUili  i!ii>:  need  hcei'urtei.1 
to  he  a  read-r. 

*•  liiil  these  i».'i:;<';"s  e  .V' \  l.i  th.-m  \\';^1  I 
hope  \\  ill  turiheT  re^  ■•.•,\i\\  im!  m-'I  i  luh  ::■'  'ii.e;ii 
tif  tlie  ti'reuter  p;ui  »»1" -.hi**  naii.'n  ;  iii!!>lot  liicin 
beinn'  in  dftmee  «it'  i!i'  ]><  -n'  i'liiiji-.!!  I*ii»- 
tt'^tants  ill  lirlaMil,  T»  ^■•■'nu-  oi'  m  Inch  lije  •  .;  I 
of  Aouh''e\  hiitli  111  ■••'  L'''ieioii«H|  V  :iv,i^i  ;,i|  ;'..■ 
t{lor\  «»r  their  in:i' •',  "i'"';i.  aiwl  l:i  ouic's,  i- i- 
unbU'iiil^he  1  hoinnii-  ol  pu  vt'i:n;,|_,-  tiie  iii;«  i 
ruin  and  t Atirji-itioii  oi  lii.-  rt>-t. 

*'  The  r  iii  (»r  (  -.tN:!;  i.,\ ;  !:,  ^^]H}  i»-.d  l.r  u 
too  forliiii.Ms'  ;.ii  hr  ifi  !o  ■.i»'  li'ini.iM  Catle.- 
lie  n.'hels  in  Ii'Iau;!.  I»m1  ;'\  <':il\  in  |in:H 
[ii.  i'astUh:i\e:i's  ^^.:^••^il>,  j>.  ;  .'  insi-iitd 
his  ov\n  eir'.iiri  siKMt  N'.ilh   ili.i   l.l 'i-th,    iiaiix. 

but   WOUM   liKiki'    li'at     «  lllfiiv    J  «h!"v:.e:ivt-    \\.;r, 

wliirti  \v;t»;  vrrlaiiilv  t!«  t.nei  I  «»l"  a"  uf.i' t.  s -i.l 
conv|Mr.irN  ji'it'taif^;  t:;«  j.:.'»iN'".  ll..-  r.  \  u-  i- 
it  to  he  (i.»ul)ir<l  Imt  t!i.  ;■;  ri-,-  «  i.-  ■>,  :  aLi",.'r^  in 
Kni^laiwl.  I'ius  ♦■i»"\:'.  i  .  .'  i'..il  III'  \ii^i. - 
sey,  atimlNj  he,  niaiiv  a.<u  ii..M>.  to  u.iiluii 
ibeseciwiil  Imiiw  ;i^;n:i-;  t";  n  \*  ii«»  Irrl  s'llllri-'l 
ahnost  Ih'\<>iiiI  :til  >.  \.i'n{''.-'  •■.  lore  :  aii>l  his  in- 
terpobition  t\iiaeUvl  trm.i  :\n.-  larl  ol'  4'a>lh'- 
haven  a  (.\»ufei'>i«'!i,  lI'itI.  loUie  ?»leim'iis"., 
that  he  hiin'«eit'ari..'d  us  a  nh;),  an  •  that  all 
the  water  ni  the  sea  eaiinte  w.i^U  ili.ii  n  h«;lJioTi 
9tl' that  nation,  whicii  uu^  hejruu  moii  biuoibly 


"  My  T/M(l;  Xk'.  1?,  lof^l. 

*•  It  is  iiiiw,  [  think,  more  than  a\ear,*iD* 
i  i'.st  saw  a  little  book,  wriurii  hV  «a*  « 
1.  li.;,  » ;'.il:(l  Ohsrrvatious  and  Krtlection^  ■ 
lii*.  I  nl  ol"  C'astiehavcn's  >lennHrs  :  wln'nnai 
•  lu»:;u'j  th»re  ar«'  some  thintp*  that  niii:l»*  ^^ 
the-'Miier  to  lielievt?  that  \onr  lurd>iiip  *>* 
{'•n  amhor,  yet  then:  were  many  inort  I 
I "i- »■>'.■  i'l  iiin)«»ssihle  should  eoiue  tmm  >**! 
i"ii-  •:  a. linns  manv  matters  of  taet  iMisili^ch" 
u .,.,  .  ;iri'  easi;\  and  aiiihentieallv  lo  In-  ihv 
p:".i  I:  afil  fnr.n  tlniM*  mailers  •»!  taet.  i^n»«'1 
iiii.-ai\'n,  it  iledniMs  consiiini'nt'*^,  nii"k> li* 
l'»'."i;ii(:es.  aiul  seallers  yflanei-s  mjiiri'nis  tnOV 
nnMn.u'\  olthe  dt-ad,  and  the  iioii<<nr  of  9010 
liMOu'.  Vinoii^^  thiK*',  that,  by  the  blessili^l 
(i;»;l,  are\rt  h\in£j',  I  tiad  myself  wor^t  tiviic^ 
TwiiiTy  \i';'.rs  all.T  the  king's  rtrstoration, U 
thrt>  Hlier  the  hegiuniu*^  ot  ttie  Irish  Rebellioi 
MS  it'  It  bail  been  ail  that  while  ruiervcd  for  ■■ 


3]       STATE  TRIALS,  3  i  Charles  II.  l682.— Mc  Earl  of  Angksiy.        [pg  i 


lit.  The  duke  of  Onuond  humbly  con- 
testhat  at  least  while  tlie  lord  priv^-seal 
i  be  have  the  honour  to  be  of  your  majesty's 
ry  council,  and  in  the  stations  they  are,  it 
loot  befit  for  him  to  publish  such  an  An- 
nr  to  the  loni  privy-seaFs  book  and  letter, 

I  for  such  times  as  these,  we  are  fallen 
>,  when  calumnv  (though  the  matter  of  it 
Eipver  so  groun<fiosH  and  improbable)  meets 
b  credulity ;  and  when  liberty  is  taken  to 
crae  men,  and  represent  them  to  the  world, 
ler  the  monHtrmis  and  odious  figures  of 
lists,  or  pouishly  affected  ;  not  bi'cause  they 
so  thought,  by  those  that  employ  the  re- 
wnters,  but  because  they  are  known  to  be 
^pood  Protestants,  and  too  loyal  subjects,  to 
I  m  the  destruction  of  the  crown  and  church : 
ides,  the  treatise  came  forth,  and  must  have 
D  written,  when  I  had  but  newly  I'eceived 
ated  assurances  of  the  continuance  of  your 
ndshiptome;  wherein,  as  in  one  of  your 
ns  you  arc  pleased  to  say,  you  had  never 
le  a  false  step ;  for  these  reasons,  I  was 
wOling  to  believe  that  book  to  be  of  your 
ship's  coiiiposing,  and  hoped  some  ot  the 
orned  libellers  of  the  age,  had  endea- 
red to  imitate  your  lordship,  and  not  you 

0  :  but  1  was,  m  a  while  alter,  first,  by  mv 
Amo,  and  ailerwards  by  the  bearer,  sfr 

«rt  Reading,  assured  your  lordship  had 
ted  to  them  that  the  piece  was  your^s,  but 
etsed  the  publication  to  be  without  your 
^r ;  and  that  you  did  not  intend  to  do,  or 
k  that  you  had  done,  me  any  injury,  or 
udice:  if  your  lordship  really  thought  so, 
publication   might  have   been  owned,  as 

1  as  what  was  published  ;  but  then  let  the 
Id  judge,  whether  pen,  ink,  and  pauer, 
not  dangerous  toobi  in  your  hands  ?  \Vheii 
tas  thus  assured  your  lonlship  was  the 
lor,  it  coat  me  some  thoughts  how  to  vin- 
ite  troth,  my  master  the  late  king,  myself, 
actions,  and  family,  all  reflected  on,  and  i 
bced  1^  that  pamphlet:  1  found  myself 
;i^  in  the  service  of  our  present  king,  and 

I  in  a  time  of  difficulty  and  danger,  and  in 
k  times,  for  the  most  part,  it  has  l>een  my 
to  be  employed  in  public  aflfairs ;  andthougli 
ad  not  been  so  taken  up,  yet  I  well  knew 
t  writing  upon  such  occasions  is  no  more 
Ident,  than  it  is  my  delight ;  and,  to  say 
lb,  my  indisposition  to  the  exercise,  might 
pto  penuade'me,  that  the  book,  though 
lowea  with  your  lordship's  nam;;,  would, 
r  it  had  pcrformeil  it's  office  in  coffee- 
Ki,  and  served  your  lordship's  design  in 
\  ODqiancture,  expire,  as  writings  of  that 
ire  and  force  usually  do :  and  herein  I 
id  without  troubling  myself,  or  any  IkmIv 
^witfa  animadversions  on  your  lortlKliipVi 
hikety  which  are  so  many,  and  so  ob%  ions, 
;  I  wonder  how  you  could  fall  into  them. 
B  add  to  thli,  that  I  have  been  in  expiM!- 
M.  thai  by  this  time  your  Complete*  History 
U  .iMtT^  f^ipe  forth ;  whercm,  if  I  muy 
;«by  the  iMttern,  1  hare  just  cau^  tv  vus*- 
01..  Yin. 


as  mieht  otherwisi!  lie  nccessar}- in  vindica- 
tion of  truth,  his  lute  inujosty's  justice  and 
honor,  and  his  own  intcijfritv. 

It  is  thcrefoir  most  humbly  proposed,  that 
your  majesty  would  U.^  pleased  to  appoint  a 
committee  of  yoiu*  privy  cuniicil  to  look  over 

pect,  that  ncitlicr  \\\(t  subjtM't,  or  myi^clf,  will 
lie  more  justly  dealt  with,  than  in  that  occa- 
sional essay  ;  and,  I  would  have  been  glad  to 
have  seen  all  my  work  lieforc  me,  in  case  I 
I  should  think  fit  to  niaki;  a  work  of  it.  Ulic 
delay  of  your  publishing  that  History,  and  the 
consideration  of  your  lordship's  age,  and  mine, 
art? the  (K*casious  of  this  letter;  whereby,  I 
inform  yon,  tliat  as  no  man  now  alive  is  better 
able  than   I    am,  to  give  an  account  of  the 

frincipal  transactions  during  the  rebellion  in 
reland  ;  so  no  man  is  itossosscil  of  more  au- 
thentic commissions,  instruments,  and  papers, 
all  w  hich,  or  transcripts  of  them,  you  might 
ha\e commanded  I K'forc  you  sit  fwrtli  your  re- 
flections. But,  possibly*,  to  have  stayed  for 
them,  might  have  lost  }ou  a  Fcasonable  op|H)r* 
tunity  of  publishing  your  abhornmce  of  the 
Irish  rebellion,  and  your  zeal  agaiust  poi)ery  : 
what  your  lordship  inight  then  have  hail,  you 
may  yc>t  have,  because  I  had  nithcr  help  to 
prevent  than  detect  eri-ors  ;  but  then,  I  must 
first  kno\r  to  what  particular  part  of  your 
history  you  desire  infonnaiion,  and  how  you 
deliver  those  parts  to  the  world,  and  to  poste- 
rity. If  ai\er  this  offer,  your  lonlship  shall 
proceed  to  the  conclusion,  and  publication  of 
your  history,  and  not  accept  of  it,  I  must, 
before- haiiff,  appeal  from  you,  as  from  on  in- 
com|)eteiit  judge  of  my  actions,  and  a  partially 
engaged  and  unlaithful  historian." 

"  OUMOXD." 

The  Earl  of  Anglesey 's  Answ  er  was  as  follows : 

"  My  I^nl, 

"  Your  grace's  of  the  l^th  of  Novemlicr,  I 
received  towards  the  end  of  that  month,  ami 
was  not  a  little  surprized,  al\er  bt.'ing  thrcat- 
euetl  above  a  year,  with  your  grace's  xVuswcr, 
to  the  C>bser\  atii)ns  and  Itetlections  on  my  loni 
(.*astlehaven's  Memoii-s,  which  your  grace 
takes  notice  \ou  had  seen  above  a  vear  liefbrr, 
to  find  them  only  most  satiricnily  burlesqued, 
and  my  intentions  in  the  writing  of  thi>ui,  most 
unnaturally  niisintiTpreted,  aii«l  iiii*< judged, 
without  giving  instance  of  any  one  particular, 
which  could  so  uiisch  transport  your  grace,  or 
interest  you  to  juilge  of  a  leiur  of  a  mine  to 
another,  with  S(»  in\ective  heat  and  mistake. 
Your  grace's  letter,  then  fore,  consisting  i»nly 
of  general,  I  cm  no  otherwise  adapt  my  an- 
swer, fafter  a  most  serioas  revision  of  my  book 
upfin  tliis  ocvasion)  but  by  giving  the  r€*versc 
of  your  grace's  strainetl  and  erroneous  affirma- 
tives, by  my  plain  and  true  negatives  ;  till 
your  grace  shall  administer  o<x*asion,  by  coin- 
inunicatin:;  the  particular  animadversions,  your 
grace  h:ith  been  so  long  (as  I  hear)  about.  The 
reasons  leading  your  grace  to  l)clie\«'  it  impos- 
sible I  could  b«  the  author  of  that  di^'our^r-  I 

3S 


99i>]         STATE  TRIALS,  34  Char  I.  BS  II.  l6^2.^ProceetRiig$  agaha      [$96 

the  lord  priry-si'ars  IxHik  and  to  rail  his  lui^ship  thr  inistakrs  and  errors  herein  laidtoliis  dufr, 

andtlie  duke  of*  Ormoiid  More  them,  and  it'  that  then  ^our  majesty  would  be^MK^li 

'upon  report  t'ntni  thoni,  it  shall  appear  I0  your  consider  ot'  the  best  and  most  autheoK  WM 

miyesty  that  the  earl  of  Anglesey,  hiis  fallen  into  how  reparation  may  be  made  to  all  ttetn» 


cannot  admit,  thou^rh  they  import  a  ihir  opi- 
nion of  me  ;  and  that  in  the  bi^inniniL;  of  your 
letter,  your  L^raee  had  better  thouj^^hts  than 
when  your  hand  was  in  and  heat(>d.  I  do 
therefore  absolutely  deny,  that  I  affirm  any 
matter  of  fact,  ])ositiveIy  in  that  l>ook,  which 
are  easily,  or  aitthenticallv  (or  at  all)  to  be  dis- 
proved. Or  that,  from  tfiosc  matters  of  fact, 
grossly  mistaken,  it  deduces  consequences, 
raises  mferenccs.  and  scatters  glances  injurious 
to  the  memory  of  the  dead,  and  the  honour  of 
0ome  li\in(|r  ;*  amoui^  which,  your  «jrac«?  finds 

jourself  worst  treateil.  This  iHint;  so,  your  j  >fiu  name  none,  n^**  do  they  occur tD0lM 
grocers  unjust  inferences  from  the  time  ot' it's  that  you  wonder  how  I  could  fall  into thA 
'wTitin<r,  and  the  niisjnil«;in£^  the  dcsi;«;n  of  the 
author,  ji^i^  e  no  countenance,  or  occasion,  to 
your  grace's  rheturical  character  of  the  tim<^, 
though  I  join  in  all,  but  the  opinion  your 
grace  seems  tn  h:ive  taken  up,  that  there*  is  a 
plot  (other  than  that  of  the  |»apists)  to  destroy 
the  crown  and  church  ;  a  discovery  worthy 
the  makinpf,  if  your  prace  knows  and  iKrlieves 
what  yim  write*;  hut  how  I  am  concernc<l  to 
have  it  mentioned  to  me,  1  know  not,  your 
grace  can  hist  trli  what  you  intend  to  insinuate 
thereby.  These  :irc.'yoiir»rrace's  reasons,  why 
you  were  not  uiUinjj  toMicvc  that  litiok  of  my 


thinc^  occurring  to  me,  (upon  the  itricM  » 
visal)  nor  ever  shall  be  olijectiid  to  me  lift 
justice  and  truth.  After  your  roe  kl 
brought  it  to  the  coffee-houses,  (whcR  I » 
lieve  it  ne«'er  was,  till  your  grace  prefcmii 
to  that  office)  and  where  you  have  <1onmI  il 
to  expire,  as  writings,  of  tliat  nature afldfatt 
use  (you  say )  to  do,  (for  which  1  dnBiiitki 
all  concemea)  you  rested,  withoat  troiiii| 
yourself  or  any  body  else  uith  aniuuiliiiiM 
upon  m}'  mistakes,  which  your  grace bikMl 
to  say,  are  so  many  and  so  obvious,  (M^ 


If  your  grace  believes  3'ourself  in  tltti,  ^ 
sct-m  to  have  forgot  the  lung  time  yoifri 
in  cx)nsiderini;  and  animadverting  u|ioiii 
dcspi(?abh*  pamphlet,  ^  ith  yonr  hibounvkMi 
I  WHS  thri'utenetl  by  some  of  your  gnce^i^ 
tions  for  many  months  ;  and* yonr  gnee  lA 
redc-emed  the'  «lelay,  by  the  Virulot  ntd 
refle(*tions  you  have  now  sent  me,  whkEfAl 
doubt  not  will  evajiorate  or  shrink  to  mUtti 
when  y  our  grace  shall  seek  for  mMttW  i 
b;tck  them,  w hereof  if  you  can  finduVil 
claim  in  justice  they  may  be  sent  me.  M 
gniceadtis,  that  }  oil  have  been  in  ezpeditiB^ 

com])osin«jr ;  yit  you  cannot  leave  me  wichoiit  |  thit  by  this  timeiny  Complete  Histoiy  vdl 

a  stinsf,  in  umr  cxim'ssinp^  iho  hopes  which  I  have  come  ffirrli,  \\lH»Tvin  (if  you  TOKfj^ 

hWvvvviUA  \\u\i\.  \i/.     'I  li:it   >«.m»''  (•!*  \hr  s-.j-  j  I'    iiif   pKli'rii;    yauv   i^ruv   >:»ilh.  viyb*"! 

hui'iu  •!   lils'.  ii;  IN  of  ill"  :ii;.',  hail   <Miti«rv.»inT«l  ;  ju-^t  i  jm-.^c  to  s!"'-;.i'(t.  tli;-.!  noitluT  iW s'o^J«]i 

v.*  iiliiiritr   iiif,  :iinl  .•.•  1    I     tli.-.ji.      \".  iiitli.r    [ 

sli'iuM  Iiiiil;.ii-  si!l».:i'iii<!  I:ii'  l'r!<,   or   Uu^v  UU\ 

U  i.lilil  In-  .-ll  i.-«    i'l.;-   II. \    ri  i.'it:  ti:»!!  ;    1»   "il.*..'  I 

ViTi-   LI'  — I'.   (I  r.i-i  .  I    i  1   i|:,'  iiro,    ;;:ii   i.i.ivt 

ba\4:  lii-i  11  ^  •  In-: 

till  \  nii:!<i  r-it  .ii 

JiiMfi   \N  ill  \\;ui\ 


•:!i-  . 


\  »».'.:•  1'     .••:  's  oiiiiiM".!. «»:' 
t.r  y«uir  <»\.u    II  :  ki:,.-  ;    ii.i  i  "'i*  ri-tt- 1-,    lii»-n- 

nm-i   In-  •«M',.i'     (  ,||    I     \i    i-,"ii    \:\\\      \.il!r    %r\     •■! 
•lit*    r«.|  ln'il-  ■,  I-  ^j'  i.  ;i|!»    \iil.  I'.m  ;i<,-,  ;■  tl  ..-   .;      . 
COUr».i-    !«•    Ih-    nl"   \:]\    i'm.u;i(|nJ.;  ;  .        |5l!'   :'■,■>  .  it- 

liiilh'd  f.»:-  tr.,;h.  (is;!    i-,   \    nli  .:'.]i  i]',  ;    -.     :.• 
^r;;'^.    in  tin-    |i»M    |.\\'i'.    r:-;!-.-   .•.•u..-.".!    u-. 
jutl'^j-,    uinllur    j.ui.    i;k,  ...;•!    j.^ijU  i",  ;.i      : 
»l:ini:«  I'His    li»«i|.   in    ;n\  |.,.' .1 ;.      I    n  ■;  .  •;.!• 
1!m- l!ii:is,    u  hn;    IIh'\   \»u,         ru,  i*  ;' '     .     l!.i- 
kil)n">  H  M'r.'.U"M.  anil  r<:;'ii      ■•v.-.-   n;   *.\\: 
cniwi:,  or  na\i<l    in  piil  lu    \:j.-.  ..    .•,  sii:.; 


imr  y, ;:■•»(  It",  will  wi*  in«iri*  justly  df all  ^ 
I'lan  in  i!.:;t.  0'M':i«.i<ii.:l  rss:iy  ;  ami  tli'-riW 
«»ti  r  lui-  :iil  ilii'  iii'ljis  (liauilicMtii*  ivtiniiii?*"*! 
turns. i:'t'.'»iv>.  :'':•!  ;ia|iirs,  \onr  ltjuv  !<j*S" 
M-M-.l  lit',  V.  r.  ir  it"  VI. II  iiifiiMii  iiu'  1 'trie  l'» 
Ml  rv.  'J  liiN  is  ;if  :i'\liciji:itin«»' ]» iilinM,^'!** 
no  i!ir;i  ]•.  !  ;;•  ,'.iM  i...\:-  'j-n-uml  li»r.  uinl'S'-H 
iM-k  i:i.!oiy  villi",  jj.'  i'imi|il(ii-«l,  ^nliiiliM-^' 
•I  !■  \ '-I  ii.'-  til."-"  assist iiiict  N  \our'iraa*  ^^ 
y-'ii  ;M  ,  .ii.il  s(»  iV- i-lv  otl'ir-i  m  arf'^rdn'l 
I'M'O'^li  iii\  v»':ikn<-N  iiia\  Ih  i-\j»i>^<i.  *f 
!.■»•. Li  \\  uml  ii!!|»:irli;il;ty  -«!r.ill  a|[KW.  2lS 
\'i:r  •iii|i<'t  siHi'uiini  \\:l:,  I  flnib'  nf»f.  i"***' 
i»''.iith  ill  iv  ••'■  ucU'iinic  to  V'lii,  jiDi)  R^t  f* 
<"^'.ij.{r<i  .Mil  t.'I"  \\n'  i\K\vz*  -'Mis  insirum*"^'' 
iisy  liaii.l  ;  l.\  v.  hirlj  l»:j\iiiLr  inrnrnil  J** 
:  i^-r  .i.n!  »..ii'i'\  in  iho  lir^l  «Nsav.  I  '"^ 
>'.  ».«i   :     I    'Ml-;  !<>  Ill*    i,iii;i'    .nMM-jitahl*' I!* ;" 


t-»    Mi\    ^.   i:\.   tli:!*   li  . '.    :■.•  •    r..»'    Ml  i'l   Villi" 
j/T. «'»  \  III)  .:-,  tin.."  li    I   |=:i|  tliMM    .1     -:-;ii''i 


\*  lii'-li 


i\i 


1 1".' 


you  <liil  iH'T  .',(■..:  Ill   iJ;.  i.j  so  :  :.  'ij  i-  i^  i,:iic!i  I  M  r..ii..'  ,  tip:,  -rh  I    rrM'l\;'  \i\  hii'iil  to  ili''|"* 

•  I'Aoi".'  ix"<n'  and  l".titl»'i']l  lihi'"^* 

;:»'.i  In- >!;.«jilil  noi  ilaif  i'»  >*)"»? 

ili;:,^.»i.»  I-  t'.N-  ;  ami  lliat  lu- rli.v  ii't  ^-^ 
>a\  :\i.\  liiinu'  ti^a.  istnu-:  tiirJ  lluiv  1"' ** 
s  I  -,1  w":  .IS  *ijsi.i.i'  '.I  ct'  favusi-or  hajml  in"* 
V.  r'..ir.^.  /iiid  tirs  'ijclii  \',\v  a  -iiik-w** 
t«i  Ni.ii:- .."rw  . '-  ••:.,•  asj.u  .III  '  :i|ijk:'.l  I**'*** 
''  Ji'.tiCN  )  i>v  ■  ;.,■•'.:■"/•. 'I .  lii.-i  _■'.•  I  rf\ir  iiit*  tiil-il.  '')  ^ 
Ijail  no  raus«' .  l.vVi.  ilt.  *.:ni!-.  '.J"  Iliis-'n  navt.  U*  U-ft*'** 
to  lioi.uH' yu- ti:.nii,j,i.  ult|,^,n<li  vii.»iicaiior,s,  j  jnl..."  «.•  \.iu!  ■_  .ari\  or  an\  «i;hiT  W*" 
nnless  yon  roiiM  vIm.w,  wln-rr  iti  that  hook  '  aii.».n^,  l»u  lia-.-lv  A''.<  t'*..//'  •..';•  r'f.  ^ 
tiifyure  ri.'llc«.*i.ja  itpou  and  truiluceiJ,  uokwcli  j  ihc  i^u'eimau'.n,    coritotiou,  aud  iustni** 


»iM  :"i".    :  ".    I'l     iii\   n'.:iM  •»    :.!•»  • 
III  :iL"  .ii  '   I  :.!;•  a  M'.i  •!  I   \-.  r, - 
iM\;  I*,,'.    '.* ...  }ii  ■  •  i-n,,   . ,.  ...    •' 

till  .'iJ  .    ir.!l!i    I'.i-  !  11     k"..  .  '.  '■  :. 
fi.  ;:•..  .'  ..■   l:!.i,ii\,   :'|  i-.  ^      ..  '. 
ilurni  (.  '  \  Mill"  i^Tjii  •     is      !   .,      1 
lh:il  |i;.i'i!'hl<  1.      Jin"    \nii.  -!■  :»■. 


^i!'-.  ;o*\.  •• 
.  •  I',   ainl  !'..- 


STATE  TRIALS,  34  ChahlbsIL  \5i2.~tkt  Earlof  Angtary.         [998 


llie«wIorAii^](>s«y'8  book  ami  Eetter,  ' 
wait  ihu  credit  his  greut  (ilatc,  sup- 
._._j   _  ,  .      ..  .^     jjj  jji^  nffaitsof 


>wlcd|j^  (especially  i 
uul  his  pretendea   ci 


!{«  anil  poMerity.     Your  grace  ili 
(oow  to  what  particular  parti  'if  niy 

wourd  have  inlorniation,  I  shall  Ht 
ilyiuRRlion  (biese.  The  iiilriguesof 
inn  anil  com  missions  lor  tbein,  aiiil 
caccs  of  1C16  and  1648,  forced  upon 
ly  thii  rubellinus  Irish.  Tlitt  ^touu  Js 
Kttons  abiul  ileurivint;  sir  William 
■om  twing  one  ot  Ibu  Turds  juMi(-eH, 

dismitsiDg:  bin) ;  sir  Adam  IiOtlus, 
arer  ;  sir  John  Teinple,  master  oi' 
1  sir  Robert  >leredilb,  chiincellur  of 
equcr,  he.  Trum  the  couucil  tabic, 
tery  of  Gluraorgan's  peace  and  his 
at,  the  several  ungralelul  ev^tilsions 
race,  by  the  contederate  Roiuan  Ca- 
Fhc  passages  concerning  the  parlia' 
sent  of  a  jewel  to  your  grace.  The 
Uefs,  sieges,  and  ctiicf  encounters,  in 
c'a  time.  The  proceedings  lietiveen 
e  and  tlie  Roman  Catholic  assembly 
i^y  of  IGCG,  with  tlie  nomraission  liir 
Eig.  The  I'lot  fur  surprizing  the 
Dublin,  in  which  Warren  anil  utheis 
icemed  with  the  examimktions  and 
ndem  were  executed,  &c.  and  any 
!  yoilr  grace  judgeth  of  import,  to 
'eyed  to  posterity.  Other  parts  of 
y  shall  be  proposed  to  your  grace  in 
ss,  and  bcfure  1  put  my  last  baud  to 
riWuliuii,  that  tlioi^li  1  may  hiii-c 
^imes  mistaken  in  j(idj{inenl,  yet  a.s 
*]  promote  the  re|>ort  of  a  inutlcr  of 
eh  I  knew  to  be  fake,  so  I  never 
Vhich  I  am  induced  the  rather  to 
«caiise  your  ^c«  saith,  you  had 
p  10  prcTCnt  than  to  dplect  crran>." 
"  Anglesev." 

srs  that  so  early  as  thcyi^ar  1640, 
mts  had  sLibsistcil  b<'t^vcpn  these  tivo 
when  in  Ireland,  In  Ibis  year,  16EI2, 
escy  had  dr.iwn  np  and  presciited  to 
1  TciT  bold,  loval,  and  patriutic  iMe- 
Ihled,  '  The  Account  ot  Arthur  Earl 
lary.  Lord  I'riv^-Sml  to  your  most 
1  .Majesty,  of  t6e  true  Slate  of  your 
'■  GuTcmment  and  Kingdoms,  April 
'.' — iDOne  part  of  uiiirh  hesnya; 
atal  cause  ot  all  our  mischiefs  present, 
Lendcd,  and  which,  if  not  by  nisdunt 
,inay  raise  a  fire,  which  inay  bum 
inw  to  the  very  Ibundations,  *is  the 
pnvenion  of  the  duke  of  York,  (the 
lo  the  rrown)  in  onu  iiwnt  of  rrli- 
ikh  naturally  raises  jrtlousy  of  the 
■giNjUd  practiccM,  of  the  idil  eiic- 
V  iriigion  and  liberties,  and  under- 
I  TOculatcs  the  courage  and  cun- 
<<1  of  those  and  their  ponlcrity,  whu 
I  M  bhhful  to,  and  sutfured  on  loucb 
fwwmt  H  mny  the  lOMt  plesteil,  or 


partiality  may  give  to  bis  writings,  in  thes* 
and  future  times.  Okmomd. 

(A  true  Copy.)     Joh.s  Nicholas. 

At  IheCourtat  llomplun- Court,  June  17, 1689. 

By  the  King's  most  e]ieel1<>nt  Majesty,  and  the 
Lords  of  his  Majesty's  most  hanouroblB 
Priry-Council.  • 

The  annexn)  representation  of  his  grace  Iha 
duke  of  UnnunJ,  lord  lieutenant  ni'  Ireland, 
&c.  being  this  day  preHt'ati.il  anil  read  to  hil 
majesty  in  council.  His  majesty  taking  the 
coutrnn  thereof  into  his  royal  consideration  •■ 
a  matter  of  very  great  importance,  was  pl(>ased 


contental  in  our  impendii^  miseries  can  pre- 
tend to  have  done."  And  concludes  in  these 
wonis,  ■<  Though  your  muesty  is  in  your  own 
{lerson  above  the  reach  of  law,  and  h 
of  all  your  people,  yet  the  law  is  your  n 
and  instnicter  how  to  govern  ;  and  your  sub- 
jects assure  tliemselves,  vou  will  never  at- 
tempt the  enerrUinic  that  law  by  which  you 
are  king,  and  -which  you  have  not  only  by 
frequent  declarations,  but  by  a  sotemn  oaln 
upon  your  throne,  b«i:D  obliged  in  a  most  glo-  ' 
rious  presencK  of  yonr  peopfe  to  the  tnainte* 
nanoe  of;  and  that  therefore,  you  will  look 
upon  any  that  shall  propose  or  advise  to  the 
contrary,  as  unfit  ncriKiiis  to  be  near  yon  ;  and 
on  those  who  shall  persuade  you  it 'is  lawful, 
as  sordid  tlatterera,  and  the  worst  and  moM 
dangerous  enemies  you  and  your  kingdom* 
have.  What  1  .set  belhre  your  majesty,  I 
have  written  freely,  and  like  a  sworu  faitbAll 
counsellor  ;  perhaps  nut  hke  a  wise  man,  with 
regard  to  myself,  as  tbt-y  stand  ;  but  I  have 
discharged  my  duty,  aiid  shall  account  it  a 
reward,  if  your  majesty  vouchsafe  to  read, 
what  I  durst  not  hut  write,  and  which  I  be- 
seeeh  Uod  togivQ.a  blessiugto." 

It  seems  probable  that  this  Memorial  gave 
great  otTence  to  the  king,  and  that  the  duke  of 
Ormond  was  prevaibil  ujioii  to  exhibit  this 
charge  against  lord  Angh'sey,  in  onkr  lo  fur- . 
nish  a  plausible  pretence  of  justification  liir  his 
removal  from  ufiice,  which  uivasure  it  had 
been  previously  resolved  lo  tuke.  Mee.  the 
lliu^ra|iliia  Unlaiinica,  art.  Anncsley,  Artliur. 
See  too.  Carte's  Life  of  the  duke  ot  OrnHind. 
See  likewise  in  Mr.  Uai^p^ve's  learnt^  Pre- 
face to  lord  Hale's  Treatise  on  the  ■■  JurisdiC' 
tinn  of  the  \jLttA*'  Houst!  of  Farliameul,"  some 
particulars  respecting  lord  Angk-sey's  deep 
conversancy  in  the  Records  and  Law  of  Vv~ 
liament. 


,)thst  the  duke  nl'Onnond  attended  a 
privy  counsellor,  at  all  the  boardi  which  were, 
held  on  this  business,  and  that  the  lord  privy  seal 
attended  those  which  were  held  on  the  13ln  and 
9T(h  dayt  of  July. 


999]        STATE  TRIALS.  34  Chari  es 

t>  declare  that  he  would  hcur  the  matter  thereof 
in  council.  Arwldid  order  tliat  a  copy  of  the 
paid  reprejieiitation  he  delivered  to  the  earl  of 
Aiiijlesey,  lord  privy-sejil,  and  that  his  lordship 
do  attend  iiis  majest  y  in  council  on  Friday  next, 
at  three  of  the  clock  in  iheaftiiiioon  at  White- 
halK  when  his  majesty  hath  appointed  to  take 
that  husiuess  into  iin-ther  coa^iidcration. 

John  Nicholas. 

The  earl  of  Aii'^'lcs^v,  hml  privy-seal,  heing* 
by  tlie  said  Order  of  his  innj(^ty  in  council, 
of  June  17th,  appoiuied  to  be  at  council  at 
IVhite-hall,  June 'J3rd,  bein<r  not  aide  to  stand 
by  reason  of  the  s^^out,  yd  giit  out  of  his  bed, 
and  was  ciU'ried  thiilicr ;  whent  wh(>n  the 
kinsT  came,  he  spake  to  his  majesty  (sis  I  am 
well  intbrmcd)  to  this  effect. 

"  Sir ;  I  am  in  the  fii-st  place  to  bejj  your  ma- 
jesty's panlon  for  ujy  obetlience  to  your 
order  for  api>earii)((  here  this  flay,  beini^  in  no 
condition  of  health  to  have  leil  my  bed,  and 
alto^ther  unlit  for  the  prcKence  of'thekingp. 

"  And  indeed  1  expected  that  the  duke  of 
Ormond  would  rather  have  complaiut^  and 

Srintecl  a;^iiist  the  earl  of  Castlehaven  his 
lemoirs ;  which  aspersed  and  scandalized 
your  ro\al  father's ffovermnent,  and  represent- 
ed the  Protestants  of  Ireland  as  rebels,  an<l  the 
confederate  Irish  pani:jls  ;is  lo\al  subjects,  than 
a<;ainst  me,  who  hud  vindirated  his  majesty's 
government,  an<l  his  I»rot*«stant  faithful  sub- 
jects soettrctually  in  my  Letter  to  the  said  earl, 
Hiai  ills  jj'i-.lship  in  afi  Kpl-  lie  in  tlie  Header 
wli  oh  h<  af'.i  r  u'iili.-d  ;o  his  >irini)iis,  rontV^scd 
hifii^.lf  niii!  li.e  !:;!i  r.(!\i«  I*  imU's  tlie  rtbcls  : 
•  And  iliut  J'!!  rI»4M-.:.{-.  r  iM  tiu-  mm  uouM  not 
•wa:li  iji-il  nln  i;riM(,irt|{;-.|  t-ntifm.' 

'•'J'liisiv -lie  Up  I  ij.s.m.l  (  i'\<r  Icni  ^^\\\l 
/iny  mail,  i,:-;!  yi\.[-  i-i,ji'Mi\  m-is  Iidw  ii  is 
hroiiirht  njMM)  i  iv,  o:i:l<':ii'i:«  ;"l»Mt  lu  lif'\«'  it  v<tv 
nnw<.Iroii:(-  to  inc  f''-ji:i  ,  :.(.  ;^|,n  \y,i\\i  sd  m'.in*\ 
yvina  pn»ii— -i  ({  Iri.'iiMii  .  \o  inc.  But  tlisit 
whicli  tr.,i|!.:.  .  !):JM  it  i  .  t'.::t  it  is  |»r«  H-lulrd 
to  1,,-  n;>'i|i  ;i-  i«:::i!  ;  i  i  ^  -.j  ".  o  j,,  ||ii|y  K.  Ins 
l;:;e  imi,  ,»■.  j-.miI  ',•.;.;■..':,  \\i,u»-:is  it'  1  viui 
prrti'iu!  1"  -.i.i  :i:  ■.■•.'.%  \\.\'  r-.  ji  i>  for  o.^-npiarv 
aiiu  i';;iisi.li  ,-  ■■I.'  ^:l.^lltI;;■u■^s  aii(!  .<  :"\ic<'t<»  v«ui 
liotli. 

iiiu-.'li  <i:v.-."t  mN(  .  !  Ii.ivi  i.tlii,-{l  tl.('  \in(lica- 
i:'»::  ohi.y  i.i.  ■•  ■  m  "t'»  \".r:f;i:'^^  '..'.ji'.  ii  1  ,»r,si-nt 
iv»i'lV. -.  :■!.«;■,.  I-  :  i;'.  .iu-(M}<l.  ■tosiil's  :n'.- ".i«;a- 
tio.i,;  >::!  ♦■  ■■  !.:  i.iMi  !!Mfi«l  M»  »■'<  ,-  l«;i!  im>,  (I,.. 
.*-irc,   'Mi;.. I   ;':<H-ii   llr-   'l.iKc  oi' IJv.h'iiid  nath 

<'0!.;.  ■.'■i.;j  ■..  »(,.li<.  !  .•:■■,.■, -i!  If. M  and  III' may 
I'v  r.'li  )  ^ '..:;.  ,  .m;  \'i.ir  ;ti.i;r.«\  I- .,t,  apd  cd.'; 
\o;ih:.:." 

Jriilu-'.  ■..  i'-.  .•  •  ii  i':-  i:  ,  .  :s  wiltl:  n  .mmI 
\ii  A:'    ■!     ii'i'  ':■•,!!    [,,  .1  I',  i  \',i  I  ■!  llM-  ll.:Mr  Uild 

liii  •..'i-.!  i'\  .\  ^  .!,  \v,|.-  ,,  ,-l-..  t:i  ..  l.>\  in 
i>iil":-  :i;il  I;,  i":  J:.  "  ..:  I'i-..'  .  ■..  «i  -..'ni  b  :n- 
c'itd  li.-  ;n  :•:  •■  ...  ;  .  -.  ;.  I,  i',,,.  |  j...^.-  ;  ,  :ii-,j 
wilhyii-.l  ;>...,.  lu.  ■  ii.  ,i.;l^..  oi"  (?.:i':ul 
ir.'t\\illiSl.-.:ili|-  li  .-.;..    : ,  .1,;    i-,  .'it.  I..)).;  jMy^ 

iSeal,  as  i »  ,  ■;,.,  ,■.■:.  ._,  \U.j,  |..,i,^,-  i.-.-i  !v  ,  n 
iv.m'r.  ■•■••li- .;  :Uii  i:.-  Iulu-  aial  in  In-  lUiijc^;^  s 


II.  l6h2,^ProcuiingM  agmM      [m  |: 

happy  Restoration,  or  carried  it  an  villi  an 
success  in  great  dangers  and  difficahia,iB 
his  lordship.  In  conclusion  the  Me  «■«> 
dered  to  charge  the  Lord  Privy  Set\VT|» 
ticulars  in  writing,  that  he  might  know  mh 
answer,  generals  not  being  suffidenty  tsiii 
that  business  wax  Icfl  at  that  time. 

Now  follows  the  Lord  Privy  Seal's  iani 
to  the  duko  of  Ormond's  RepreseotaMi « 
Comphiint  against  him. 

To  the  King's  most  Excellent  Bl^otj. 

The  Earl  of  Anglesey,  Keeper  of  your  Ht 
jesty's  Privy  8t*al,  (misled  by  an  in  R»- 
cedent  admitted)  most  hmubly  icpmiai; 

That  having  this  18th  day  of  June,  mnri. 
in  bed,  (where  he  had  continued  for  ^omi 
month  last  pi»t,  very  much  afflicted  with  ii 
gout,  and  deprived  or  the  use  of  hands  ■! 
Icg^  and  by  reason  of  pains  and  aiikiwi 
getting  little  rest,  which  be  hath  reason  tab. 
heve  was  well  known  to  the  duke  of  Ormosij. 
your  majesty's  order  in  council  of  the  1t£ 
with  a  copy  of  the  Representation  of  the  ■■ 
duke  annexed,  and  command  to  attend  m- 1 
maiesty  in  council  on  Friday  next,  at  M 
o'clock  in  the  afternoon  at  Whitehall,  vUiik  : 
resolves  by  God's  blessing  to  do  if  he  shilVe 
iu  a  capacity  of  health  anid  strength  to  be  cb> 
ricd  thither,  without  peril  of  his  lite  ;  whichk 
doth  not  hcliei  e  tliat  the  duke  himself  duofa^ 
atler  a  year  and  a  half  concernin;;^  himself  ii 
tills  eoii(ro\t']-s>,  is  to  Ih' adventured  to  jjiiiify 
a  iiasty  proposal,  upon  lii^  chaii^^Iiig  his  wu>rf 
pnieecMhnj^. 

I II I  lie  mean  time,  That  your  majesty  iiiayiK^ 
bo  uiiiltr  the  least  prejM»!»sessii»ii  bvMliattlie 
diik;  hatli  rrpn*seute<I  >^ith  lur;it,  aud'shaqHie^^ 
n<rainsi  t]ir  said  carl,  he  doth  huiublv  od'eriv 
coii^idt  nitl'iu,  that  though  the  duke  ap|>far  b^ 
lore  \oiir  iiiaj«*si\  ,  as  a  representer,  the  said 
carl  (^uiiiot  hilt  luok  upon  him  as  a  pctiiiihKf. 
ilic  ti::c  liy  which  all  sulijeet.s  that  compUir>, 
a  l«iri's>»  to  your  iiiajcMy,  and  for  want  of  wbjfb 
lie  hath  ohs(.ivtii  many  suitors  njectcd  villi 
thiir  rr.|iu'Nts. 

\inl  liitfrefoix?  your  majesty  is  desired  to  be 
iiitorinud  in  I  ho  iirsi  |)laceLy  a  deduction,  d 
ati  tiiat  hath  [Mssi-d  hcUvfeu  the  duke  andtbe 
«'aii  ill  this  ail'air,  \\hirh  is  as  IbliouHh: 

Tlu^  ijoou  cohiplaincd  of  \i  as  written  abfn^ 
t\u)  \»  avs  ayfo  l»^  mere  accident  <»!'  the  Ctrl  <^- 
l'asiU'l!.iv(  :i's  Sv.ndiiii^  his  printed  3h'mion',  t' 
liic  eaii  i!i:  II  at.  Hlethin!j;^tun,  iii  ( >.\tbnkluro 
^viuTe  li.r.  in^'  read  llu^  .saiut:,  and  coiietrtunii 
tli'i  I'.ii--.:.-ii,  and  Protr>uuits  to  he  iinju-llj 
(ilmIi  v.  .ill  ihticiii,  and  thi>  Irish  foul  caiiM'i'n*' 
tcsoisily  !;i  tiritJ,  i)n»ii«;ii  tin;  lilt 'st  e.vi'iJLL>!> 
i-Ay  ll.'i!ilhii  r\cr  \*as  iii  the  woild  ;  the  f'.i 
coi  i'l  not  .'ij^i.>t  iiH'S'iiise,  hut  upon  abarc'-i* 
iiivMiiwry  \uihout  lalp  of  uritings>  or  iiott^ini 
iti-v.':!':.u  'V  put  pt-ii  to  paiiiT,  aud  tlu-  i\l\i  ut'JiiIj 
x'.'n'ti' a  h'liiT  to  the  said  earl  oi'  Castltrhaieo 
whiiii  heli<  li.:\t's  his  loidshio  hath  \t't  tushfv 
:h  •uuh  NAJitii  ii  i.ppean;d  alterwards  in  praii 
about  October  loU),  oue  wasi  seut  to  liiii  M 


u 


1  ]        STATE  TRIALS,  34  Charles  IL  l682.— lAe  Earl  o/Angkiey.        [1003 

knows  not,  till  the  duke  gives  more  clear  and 
particular  occasion. 

Whosoever  shall  take  notice  of  what  the  duke 
asserts  of  his  and  the  earl's  free  converse  and 
frieudshij^)  for  altove  20  years,  and  (which  the 
earl  adds,  and  the  duke  cannot  ior»}t)  the  real 
aud  adventurous  friendship  which  the  earl  hatli 
eii<<;a^ed  in  with  and  for  tne  duke,  he  cannot 
hut  wonder  as  others  <lo,  that  tliey  are  so  easily 
cancelled  and  turned  iulo  ranc<»ur  and  ill 
returns,  without  demonstrating  a  change  in 
the  c'arl,  which  may  satisfy  inquiring  meu  the 
duke  hath  a  cause. 

I'or  else  it  secins  wonderful  and  past  belief 
to  intelligent  men,  that  the  earl,  who  prufesseth 
that  he  Ixrars  malice  to  no  person  living,  nor 
ever  had  quarrel  with  any  man,  that  counts  it 
his  great  misfortune  in  his  old  age,  when  he 
was  preparing  to  go  to  his  grave  ir  peace  and 
in  |ierfect  charity  with  all  men,  he  should  be 
attacked  by  one  who  hath  professed  friendship 
to  him  above  these  twenty  yc^rs,  and  as  he 
finds  by  letters  and  othcrriise  w:is  intimately 
a  friend  to  his  father  :  as  it  is  miraculous  to  the 
same  degree,  that  the  earl  in  his  circumstances 
should  willingly  l)e  drawn  into  controversy 
with  so  great  aud  fortunate  a  man,  and  so  anct<« 
eut  a  friend  as  the  duke  of  Ormond. 

But  since  it  hath  been  the  duke's  pleasure 
or  humour  so  violently,  and  so  many  ways  to 
assault  the  earl,  lie  must  not  take  it  ill  that  he 
cannot  bear  wounds  jiat'iently,  aud  without  just 
resentment. 

The  duke  complains  further,  that  in  the 
course  of  above  20  years  free  and  friendly  ac- 
quaintance and  correspondence  with  him,  the 
earl  never  thought  fit  to  give  him  any  intinu* 
tion  of  his  intent  to  write  a  History  of  tlie  ware 
of  Ireland,  aud  other  transactions  there. 

The  said  earl  cannot  recollect  with  certainty 
whether  he  did  or  no,  but  he  very  well  remem* 
bereth  that  many  years  ago  he  ac([uuinted  sir 
Cicorfife  Lane  then  the  duke's  secretary,  and 
now  viscount  of  Lanesborrow  (and  who  told 
him  he  had  the  custoily  of  all  the  duke's  papers 
and  writings  of  public  afiairs)with  his  intended 
History  of  Ireland,  who  promised  him  the  as- 
sistance of  them,  but  he  could  never  yet  obtain 
any  from  him :  nor  from  the  duke  hinuelfi 
since  he  made  a  free  offer  and  promise  of  them 
by  his  letter  of  the  12th  of  November,  threat- 
ening to  ap])cal  from  the  carl  as  a  partially  en^ 
gaged,  aud  unfaithful  historian  ifue  accepted 
them  not,  he.  being  as  he  wrote,  more  desirous 
to  prevent  than  ri^ctify  errors  and  mistakes. 
The  (arl  having  this  noble  encouragement  firom 
so  great  a  |)er.srin,  (and  who  was  to  make  so 
great  a  part  of  it)  to  proceed  in  his  History,  by 
his  letter  of  the  7th  of  October,  acknowledged 
and  accepted  the  duke's  favour,  expecting  the 
pcrfurnituice  thereof,  but  never  lieard  since 
troni  the  duke  till  by  his  representation  to  your 
majesty,  wherein  lie  seeiiui  to  forget  or  reti-act 
all  that  had  passeil,  though  the  earl  had  given 
him  all  the  assurance  a  man  of  honour  could 
do,  that  he  woulil  lie  exactly  faithful  and  im* 
[MUtioi  in  the  Hiatoiyi  and. now  shews  that  he 


_  notice  thereof,  and  asking  him  what 
imd  done  with  the  said  letter,  who  then  con  • 
ed  he  had  lent  it  to  a  friend,  but  he  would 
tret  it  again.  The  letter  bei  ne  thus  printeil, 
duke  of  Ormond  had  soon  sight  of  it,  fur  in 
letter  to  the  earl  of  Anglesey  of  November 
12th,  1681,  he  takes  notice  that  he  had 
i  it  a  year  belbre,  and  writes  his  pleasure  of  ; 
>'satirically,  tliat  the  said  earl  returned  his 
wer  of  the  7th  of  October  following^,  which 
said  duke  takes  notice  of  in  his  stud  reprc- 
itation,  though  he  never  before  ncknowledgeil 
i  receipt  thereof,  nor  was  pleased  to  make 
f  reply  to  it,  though  it  gave  him  sufficient  oc- 
iion :  thus,  when  tlie  said  earl  expected  a 
4y,  things  stood  till  the  same  Complaint  made 
your  minesty,  which  he  huiubly  submits 
lether  it  be  fit  to  be  receiveil  or  proceeded 
on  in  council,  afler  so  open  a  litigation  thereof 
print,  wherein  the  said  duke  had  appealed  to 
s  people,  and  accused  the  eai'l  with  as  much 
imony  as  it  was  jKissible  for  the  duke's  sharp 
B  to  do,  it  being  as  the  said  earl  conceives, 
lew  the  dignity  of  your  majesty  and  the 
ud,  after  the  duke  has  proceeded  so  far  in  a 
.Tate  quarrel  of  his  own  making,  without 
9ee»,  (and  that  those  tlie  duke  had  an- 
ikd  to  seemed  generally  satisfied  that  the 
rl  had  folly  vindicated  liimself  from  the  as- 
neons  laid  upon  him  by  the  duke's  said  letter) 
'  your  majesty  to  be  addressed  to  so  late,  and 
•  canie  so  cimcluded  ;  wherein  the  earl  had 
eified  himself  in  the  method  the  duke  him- 
f  led  him,  and  is  reaily  to  proceed  further  so 
do,  if  the  duke  shall  riiense  to  reply  iu  iiiaiu- 
lance  of  his  printed  charge. 
However  the  earl  not  knowing  what  course 
this  affiur  will  be  pursued,  or  directed,  saith 
It  he  doth  not  disou  n  the  Book  mentioned  iu 
i  duke's  representation,  so  far  as  he  hath  ac- 
owled^l  ttie  same  in  a  letter  written  by  him 
the  said  duke. 

But  denies  that  in  the  same  book  or  letter, 
sre  are  divers,  or  any  passsiges  and  cxpnis- 
OS  which  are  not  only  untrue,  but  ixMlecting 
n  high  degree  upon  his  late  majesty's  go- 
mment,  and  particularly  in  relation  to  the  re- 
tkaandwar  in  Irelanil,  and  to  the  several 
iHtions  aud  peaces  made  by  his,  and  your 
yvty's  authority  and  command,  which  tlie 
id  enrl  hath  formerly  intimated  in  writing  to 
e  said  duke  in  answer  to  a  letter  of  his  in- 
kinting  tlie  same  thing,  and  urging  ibrpar- 
alara  which  the  said  earl  could  never  yet 


Theeaid  earl  is  no  further  chaigcd  with  ma- 
iposly  calumniating  and  asuersing  the  said 
lie,  and  insinuating  sevei-al  |mrticulars  to 
liporpote,  bntthe  passages  iu  the  said  books 
iMit  import  are  still  reserved,  and  not  thought 
•by  the  said  duke,  to  be  expressed  so  as  tlie 
ll  may  know  what,  or  how  to  answer, 
Aad  the  said  eari  is  not  ignorant  that  mali- 
HK  calumny  or  scandal  against  so  great  a 
l«Mi  aa  the  duke  of  Ormond,  is  severely  pu- 
MOebyUw. 
What  te  my.  more  IwreiA  the  said   earl 


1()03]        STAT£  TRIALS,  3A  Charles  II.  l6M.—Proeudimg$  mgtbui      [iOQ4 

Ptx)te8tant  interest,  countries  and  ganMi 
from  being  swallowed  up  by  Oven  OidPi 
Imrbarous  army,  or  falling  into  the  Uoody  liik 
iian<ls.  He  also  held  oorrespondeiioe  wn  at 
oflured  assistance  to  the  thenmar^cf  0»- 
niond,  to  preserve  the  English  and  me  Ai 
city  of  Dublin,  and  other*  F.ngiish  ^inim 
ami  qiKirters  from  the  treacherous  Ind^  vb 
broke  uli  faith  with  the  marquis. 

He  likewise  sent  to  the  marqps  the  hn 
kinj^'s  majesty's  positive  prohibitioD  in  vntiw 
a<^dinht  making  any  peace,  or  baring  tt  li 
further  dealing  witk  the  Irish,  and  ined  Mi 
mobt  earnest  persuasions  herein,  fbraea||il 
uoiil  I  be  destructive  to  the  English,  and  W- 
chie^uusto  the  late  king;  and  sdll  ofcvi 
abfri^iance  to  the  marquis  to  encourage  Uoi  ii 
vit^(irou»  opposing  the  Irish,  and  to  enalilebii 
tu  di>aj>point  thcu-  treachery,  and  the  CQan* 
quence  of  their  faith-breaking. 

The  saiil  earl  after  the  peace  notwithUKidnr 
iiiade  ^nth  the  Irish  confederate  rrhck,  m 
tliPir  shamet\:|  and  treacherous  breach  «f  i^ 
uiih  i'e$i:>-n  and  endcarour  to  surprize  the  mr* 
qubi  and  all  the  English  ganisona  in 
and  alter  thev  had  so  handled  their 


is  unwillinir  any  Histor\'  should  be  written  by 
the  earl,  whuse  ruiidor  und  impartiality  he  will 
yet  allow  to  be  luit  pretf  iided,  and  threfurc  pro- 
jMisitU that  your  luajtsty  will  present  the  credit 
which  thfy,  his  ^Tcat  pluct\  and  suppo&cd 
knowledge  (4'S{iei-iail\  in  the  affair  of  Ireland) 
may  give  to  hi:»  \intir.trNin  these  and  future 
times,  never  cuusiik'rin^  tiiat  himself  hath 
greater  plac<.s.  Vi  t  the  earl  duih  not  appre- 
hend their  ci«  ing  credit  tu  any  thing  the  duke 
hath  or  adiall  >%ritc  ui^ainM  the  truth,  uhich  the 
earl  is  resolved  ti»  tie  liiiuseif  strictly  and  au- 
ihc.itically  to  if  lie  he  sulfcretl  to  &K>  on,  and 
m't  discouraged  in  his  desiirn  \\  ith  which  he' 
inieniledto  cIomt  his  lalMini-s  in  ihi««ilte.  for  the 
ir'^'d  of  Ens:luiMi,  and  the  sait-ty  of  that  iK»or 
k!!!;;ili(ni  ofln'lun«tj!arrtLs.scd  Inrtbtilionsand 
ma.«sacres,  and  v  liii-h  i!i(;s:  e\{KCt  und  undergo 
wore  (still  preparinir)  UTiit^jj  prevented  !»v  wise 
councils  liert-,  ujhju  lire  waniiuiTs  that  a  true 
accoimt  of  funuiT  tiiues  and  :'aihii;rs  may  siive  i 
u<.  "  ! 

And  since  the  em  I  h::thhi.;n  ^ersitl  above* 
40  vears  in  puM:c  :iih:'r5.  uiih-mt  blemish  or  • 
disminour,  ajiJii.tr.nu<i  fivvtuir  iuaj«.'%t\\  i>er-  j 
n:i?^ion.  to  dethi  .iit-  his"  Hisi'iry  to  \  ounself.  . 
wliicli  >ni-<-  lie  «orild  n«>i  be  so  ueil;  as  lo  olfer  j 
it  any  thi::g  \wre  !•»  Ih^  in  ij  «l'  ihe  r..iture  i 
iheduke  uv  -s^.'/cih.  iheearl  ili-.icft'n:-  hopt^iht  \ 
diike  may  ai  W.\<\  xr.-^x  yi»ir  n'.iu  ^ty*  wj^dm!  ' 
with  the  i''irii.K.'.jr..j  i.f\'h:i  • .  m  ^\\',\\  havf  :he  ' 
pcmsal  u!  ir  \  w  lU'lc  :'■  'V'-r'.!;  v«tnr  iva-iirsr  '• 
LiUir-  . I  ;.'■'»:  •  ::.  ■  «  u-h.   't.  !!|._^-  i!;ifr.i?td  >»ih  I 

f"*.-  V.iV  \  ■■       '.i-  ■  r  rli.-  >..-e    ':s\\\r  ;..».. 1  ..?  y  ■'!-  f-.i-   ' 

I  ■  ■»  ■  \ .  :    *   *  •       .......        ... 

I-.-         ■  .    •     ■  ^        •■      .\        ■.■■.. 


iM  gf't  the  commissioners  of  pariiainent,  («iiA 
verc  an-ivel  at  Dublin  bv  the  manraiBeia- 


»ituti««f?,  to  receive  the  city  ofDuUioa 
other  garrisons  and  streii^^s  under  hb' 
mand,  and  secure  them  against  the  Irak,  iff 
n  hieh  enil  they  had  brought  forces,  shippiK 

{•ri.n  i>'o7i«.  cTiii  ammunitiiiQ  oi  nH  sorts  wia 
t!:  ■.!»■  iti  l-e  r^jecti-d  and  sent  away  by  ffce 


■  .:.\  '.it:"!!    Mf  ihi-   ma'^nif 


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l:,i'.     V>t..i 

:•»!!   hi>  in- 

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■\  .   A^    .     I   !4.-     :■  .imr   ijv.».\j-uit«l 

'"   •  « '.     r"i  ir.v' '\t-il  it)   «*"iuTrii*«i'ja 

•  .  '  :    ■  .:  \^ .:'".    j.M   ariPv   »•!  bvr>€ 
.   :        -  ■•  :   y^  '■:.    all  ihiiiu^   tu»'essjn- 

■  :    .   :■.. .:  •     -     n-l   En;;i>h  fS'iu  tbe 
u«. ..-. -.-.x  .•     1  lU-iJiTTis.  and  irt  rrctxff 

'•:   I'..  !■:.  .iivl  •■tli.r  •jarri'M-n*.,  inP 

:'^  c!."": "'.v ,    v*hu  wiiv  inist^. 

!  ■    ■  :•>•  7\c  '.lit.  <irrv  f -r  iho  rrown, 

:     j-»-    i.«-':i  ::rticlf<   t'-r  iliai  [■':^ 

■   .    \  •■-■    i.'tt"ir.."ir  "t  'i'»'l  ihi  ►i'"' 

■  .   ..      .Hi  :•.  rSv  !/♦'  I'T.I  c!«.i"!»'  "^ 

-  .    .     :.:-    ::  'r*^':--*  rhi't*y  «">T'J 
•    '■  .  .    L"*  »:    *  a-.staciivii.  :iH  "virM  *"« 

I.    ,'  H-     ••;  ,i  pp  T.^T.'-l^:  a!>l 

:  i'  ■      '.  -».n«l  I'tlii  r  i^ii::**:* 

•.    .■    H  -^.ih  l::c  ill  ijfir'li* 

•        -    i-H.'li   !••    Uiki- <li!lt"^ 

■  ■  '  i'S   1^1**'  ha>«.  :  awl 

•  v:        -.   ..     t  .   l^y   ih«'  fMiin^hii'-W* 

-  V  -.:'Vt.«!td.   f»'r  tlu-  t**! 
-     i    '.•  .    .\tu\    Kri'.»kli»'.i  dtfif 

••..'•  ••         -.     ..'  :    i-r.MtT  l«»r  ireafb"?! 
L  *;.-^— ^^  iL-w;-.  '..•  ike  wr'iwu  ut 


1005  J       STATE  TRIALS,  54  Chables  IL  l685.— Mi?  Earl  of  Anglesey.      [lOOfi 

lying  upon  him  to  piiblisti  any  Answer  to  th« 
lord  privy  scni's  book  which  (without  fU^ibri'nce 
or  respect  to  him)  would  be  necessury  in  viu- 
dic'ition  oi' truth,  and  the  said  earl  no  ways  ap- 
prehending tlic  dint  of  such  an  annwer  ;  hum- 
bly lieseechcth  your  majesty  that  the  dukft 
may  be  at  liberty  and  encourajyiHl  in  his  worthy 
desi^  for  vindication  of  truth  by  his  answer 
without  regard  to  the  earl,  who  is  ready  and 
wilhng  to  Wi  trampled  upon  for  the  tnith's  sake, 
and  dn*ads  much  more  what  the  duke  may 
with  vain  hopes  whisper  or  insinuate  to  your 
majesty,  than  any  thing  he  can  or  shall  think 
fit  to  publish  for  that  end. 

The  earl,  though  he  acknowledgcth  your 
majesty  ^s  favour  in  tlie  office  he  enjoys,  it  be- 
iuGf  a  testimony  of  your  gracious  acceptance 
of  his  long,  faltlifid  and  unblemished  sen'ice ; 
yet  for  the  duke  (who  hath  partakeu  mor« 
deeply  of  your  royal  bounty  and  favour  tlian 
any  other  subject  (to  say  no  more)  to  go  out 
of  his  ^vay  after  he  had  deciphered  the  ear! 
sufficiently  by  his  title  of  honour  and  name  of 
office,  to  mention  his  great  place  seems  to  be 
rather  in  undervaluing  than  with  intention  to 
allow  your  majesty's  poor  officer  what  his  pre- 
decessors, though  some  of  them  were  of  in- 
icrior  quality  to  his,  have  enjoyed  without 
envy  or  scorn,  from  the  greatest  sulijccts. 

And  I  can  truly  say,  that  I  have  not  paid  m  j 
debts  incurred  in  your  majesty's  service,  nor 
preferrcil  my  many  children,  nor  crrown  rich 
by  my  service  and  great  place,  thou'jfh  my 
ancestors  and  I  have  received  titles  of  honour 
and  marks  of  favour  from  your  majesty  and 
predecessors,  for  divers  generations. 

As  to  the  duke's  proposal,  that  your  majesty 
will  be  pleased  to  ajijtomt  a  coraniitttc  of  "your 

Erivy  council,  to  look  over  the  Lord  Privy  SeaPs 
looK,  and  to  callthesaid  carl,  and  duke  of  ()r- 
mond,  before  them,  and  to  report  to  your  ma- 
jesty how  reparation  may  be  made  to  all  that 
are  injured  by  the  earl's  mistakes  and  errors 
in  his  said  Book  and  Letter. 

The  earl  saith,  the  duke  seems  to  conceive 
that  your  mayesty  and  council  have  moi*e  leisure 
than  the  carl  dares  presume,  and  the  earl  hopes 
the  duke  may  content  himself  by  your  majes- 
ty's favour  to  govern  one  kingdom  under  you, 
witliout  involving  this  in  his  concerns,  or  offer- 
ing to  impose  his  dictntes  upon  your  majesty 
and  council  of  England,  who  have  wisdom  to 
appoint  committees,  or  take  other  course  for 
business  (properly  l)cforc  them)  without  thtt 
direction  of  the  parties  concerned,  which  most 
men  in  niod<?sty  Ibrliear  to  give. 

And  though^  the  duke  sc^ems  in  great  haste 
to  have  mistakes  and  errors  fixed  upon  the 
earl,  he  on  the  contrary  (and  though  tunc  will 
shew  that  all  that  are  will  apfiear  to  be  on  the 
duke's  part)  presumes  not  to  give  your  majesty 
trouble  herein,  or  to  pursue  llie  duke  for  what 
Is  common  to  mankind. 

And  he  conceives  it  an  employment  Inflow 
your  majesty  and  council,  to  be  set  uj'on  aa 
essay  to  find"^  matter  to  jiistify  \\hat  xW  duke 
hath    injuriously  published  against  the  earl, 


imnd,  with  the  forfeiture  of  all  their  estates,  for 
llie  satisfaction  of  adventurers  and  soldiers, 
ind  the  vast  increase  of  tlie  revenue  of  the 

The  earl  returned  for  England  as  he  had 
CATe  to  do,  before  be  went,  where  by  his  in- 
lerest  in  parliament  he  secured  to  the  marquis 
be  13,000^  &c.  agreed  by  the  articles  for  the 
nuTcnder  of^Dublin,  &c.  to  be  paid  liim,  though 
nach  «ideavour  was  used  by  the  lady  vis- 
BOUDtess  Moore  and  others,  upon  logal  pre- 
sences to  deprive  him  of  it ;  so  that  he  lost  not 
me  penny  of  it,  and  then  the  said  marquis 
diought  and  held  the  said  earl  his  real  friend, 
ind  a  punctual  performer  of  pubUc  faith. 

In  England  the  Earl's  part  was  as  followeth : 

To  preserve  the  church  in  its  legal  establish- 
ment to  the  last,  to  defend  the  king  and  the 
bws,  against  usurpation  and  arbitrary  govern - 
Dent,  to  adventure  his  estate  and  life  to  save  his 
from  oxecralile  murder,  and  never  to  sit  still  till 
he  and  his  friends,  his  late  majesty *s  and  your 
bithful  subjects,  had  compassed  your  majesty  !s 
happy  restoration,  with  the  apparent  and  im- 
BQUent  hazard  of  their  lives,  whereof  the  said 
inke  had  vast  benefits  without  danger. 

Now  if  the  duke  will  give  the  earl  infor- 
Hiation  of  his  part,  as  an  opposite  party  in  the 
nid  transactions,  he  promiseth  they  shall  not 
want  their  due  place  and  regard  m  history, 
irben  all  done  by  both  shall  Lc  truly  and  ex- 
icdy  recorde<l. 

Ine  carl  doth  not  know  what  the  duke 
means  by  sayinff,  that  at  least  while  the  Lord 
Priry-Seal  and  lie  have  the  honour  to  be  of 
ponr  majesty's  privy-council,  and  in  the  sta- 
ions  they  are,  it  will  not  be  fit  for  him  to  pub- 
ish  such  an  Answer  to  the  Lord  Fnvy-Seal's 
Book  and  Letter,  as  might  otherwise  be  neces- 
aiy  in  vindication  of  truth:  unless  he  would 
insinuate  it  fit  for  the  earl  to  be  displaced  to 
make  room  for  that  long  threatened  Answer, 
chat  so  he  might  have  the  more  home  and  fuller 
Itroke  at  the  earl  before  your  majesty,  when 
lie  hath  endeavoured  but  cannot  hurt  liuii  be- 
RDre  your  people. 

And  it  appears  that  it  is  but  a  new  fancy  and 
sonsideration  taken  up  by  the  duke,  for  when 
be  was  pleased  not  only  to  wTltc  but  print  his 
rirulent  liCtter  of  tlic  12th  ofNovendK.r,  against 
ike  earl,  it  had  not  it  seems  aflcctcd  his  thoufrhts 
IS  of  any  import,  and  this  also  shews,  that  it  is 
00  late  and  dishonouniblc  an  appeal  to  be 
made  to  your  majesty,  af^er  the  duke  hath 
iooe  it  without  success  in  print  to  the  people, 
ind  t^'oufd  never  in  prol^ibiLity  have  been  at- 
berapt'  •*.  !,  .:t  that  he  thinks  he  hath  arrive<l  in 
ft  more  happy  conjuncture,  or  hath  enUTtaiued 
lome  groundless  hopes  of  favour  by  the  earl's 
leprcssion,  which  he  will  never  in  the  least  au- 
prehend  fi-ora  a  just  master  that  he  hatli  faith- 
fully served  so  long. 

And  therefore  the  carl  conceiving  that  the 
3 like  hath  alreaily  in  print  rhargrd  him  with 
lU  he  hath  to  say,  and  more  than  he  can  make 
S^ood;  and  there  being  auobligatlou  of  honour 


1007]       STATE  TRIALS,  34  Charles  II.  \6B2.^Proceeding8  agMhut 

which  course  being  his  first  choice,  he  may  which  siirelv  the  said  duke  wouM 

freely  pursue  if  he  j^ease.  (after  he  haa  privately  quaxrelled  thi 

As  to  the.  duke's  objection,  That  the  earl  exposed  him  the  worst  he  could  m 

saith  the  cessations  and  peaces  were  destruc-  this  aiiair  having  taken  a  circuit  of  i 

tire  to  the  English  and  Protestants,  he  believes  years)  unless  to  conceived  he  had 

the  duke  will  not  say  the  earl  was  the  first  that  some  extraordinary  juncture  to  bear 

said  so  by  above  30  years,  for  it  hath  been  earl,  nor  trouble  your  majesty  an 

printed  long  ago,  and  the  truth  of  h'lstory  and  when  so  great  affiurs  are  herore  tl 

public  acts  will  evince  it,  must  the  earl  only  be  such  private  concerns  and  complaini 

restrained  from  saying  what  he  thinks,  and  long  a  run,  and  using  other  ways  i 

the  duke  knows  he  thought  near  40  years  ago,  fully,  to  vindicate  himself  from  what 

and  endeavoured  to  prevent  as  much  as  he  intended  as  a  chargt- against  him. 
could,  and  believes  be  can  make  good  that        I  conclude  praying  (as  I  have  heart 

time  was  when  the  duke  was  much  of  the  voured)  for  the  glory  and  prosperil 

same  opinion.  majesty's    govcrament,  to  be    equ 

It  was  indeed  an  unhappiness  to  conclude  greatest  of  your  royal  predecesson 

(cessations  and  peaces,  that  neither  the  Irish  nor  vour  majesty  many  such  subjects 

English  were  satisfied  with,  and  mv  unhappi-  oeen  and  am,  whom  the  duke  of  Omi 

ness  is  not  small  to  be  the  only  £ngiishnian  so  earnest  to  rid  your  majesty  of; 

reproached  for  an  opinion  they  generally  had,  under  a  black  character,  and  niisrepr 

and  felt  by  sad  and  dismal  eflcct*>.  in  your  service  which  he  shall  never 

If  the  earl  hath  dealt  more  plainly  with  the  compass.  An 

duke  than  his  nature,  averse  to  contention  (and 

who  hath  had  quarrels  with  none  in  tlic  whole  At  the  Court  at  White-Hall,  this 
course  of  his  life)  inclines  him  to,  he  hones  of  July,  1682. — By  the  King*s 

your  majesty  will  consider  that  to  be  taxed  of  ccllent  Majesty,  and  the  Lords  o 

untruth  and  reflection  on  his  late  majesty's  jesty's  most  llonourable  Privy-4 


honour  and  justice,  and  branded  as  a  malicious  Unon  readincr  this  dav  at  the  boan 

ttdumniacor.  a  closeconcealed  and  disyiusecl  deliTered  in  by  bis  grace  f he  duke  of 

enemy  to  your  majesty,  a  desiffner  of  mischief    ii:„  ^„:«„*„  f^  «^.^^:i  , i^  ^j 

^Ae^ul^and  tS  ernmel.,  andone  who  &T^^'nTsi.rPa„Sril 


this  loud  noise  and  crmiinal  chaifro,  the  d.ike    ;;;„rr.i,,.r  ".""pi"" "»»". . 


himself  duiiulles  it    into  hare  mistakes  and 


1.  The  cessations  and  peaces  dish 


errors,  which  who  lives  that  is  imt  uTU'lty  ot', 

and  ihe  earl  conceives,  is  a  task  \erv  iiiinrViner    .    '{    ""  ' '  ^'"')!"'"''  ,*""'  1'"*' •'=* 
4.     I       ,  ■  ,  •***•'         t'>  tlie  cn»\vn  oi  hnmnnd,  p.  ?7. 

to   he    laid   upon    vour  niMiesty  t<»   examine,         n    *w    i       .      ^     •      *    i     i  •  i. 
_  11     •  *    *•        *  *!  'II.  Ut  advanlaije  oi'.iv  t<k  the  Irish, 

espeeially  in  cases  ot  controvei-sy  thereupon  ■  m  i*  ^  -■  .  *t  ■'  i-  i  n 
lA  -         .         „   »       u-     «      *  '  111-  UesTiuctne  lo  the  Liisrhsh  Pi 

between  yoiirinajeslys  siihjects.  ■. . .  n*.  ^-.n^  i^i 

Thus  the  ear!  thoiii^ht  he  had  reason  first  to  ;       ,C.    rri    *    .i       r       *i      i     i     ■ 

CO,n,.lain,  if  he  coul.l  have  tho.i-ht  it  deornt  t-  '      '^  •..^''""'    ^'"^"'for'^  «•'<-  »""'*  J"^ 

troufil 

Rafter 

lor  V ' 

obed 

sentcd  what  he  conceived  expedient  upoi.  i,.,^     u    .    .     .       r   n        i-.-  .1 

occasion  uhere«ith  if  the  duke  be  „|,,  ,atis-  ;  ^^f  »'""*'•"'"" 'I''" '^''-^  »"''.'•'■»?>* 
^•^  I  or  hiter  o])[iosed  both  tlie  cessiUitms  aii 

It  is  desired  that  lie  would  in  due  fomi  of    '**  J"l'    r^    .  ,    ,,  . 

law,  and  l.v  k-al  and  c-rtain  articles  charge  '.      \  ''  f  T''n   '"'Tr         .'"x   T'l 
the  said  ea.-l  uUh  partictdars,  to  which  he  n.ay  I  '■'"^\f  ^''''''fj''  ^  ''""":"'''  ^'y-  ''"''■ 
answer  hv  advice  of  council,  and  if  he  vindf-        \";  )*'"'  "'"'  ""'  J""     "^^  '"■'? 
cates  not  himself,  let   him  be  exposal  to  the  !  ""'Tl-      7'  ""    *"*.'"'  ''"^''  "*  ^'"'' 
censure  of  this  present  ajfc  and  posterity,  and  .  *""'  •''»!?'"""■'•  !••  «>*• 
incur   \our   niuieslv's   displeasuro.  less   lliiui  m  -i       .     •.  •        .1      „>.i. 

wlrnh  Vanuot  1...  ai.ne.1  at  l.v  the  .luke,  «  ho  to  '  .,  ^'"i  =°""r''  '";',  ^''""«    '"',  "''''" 
satisfv   his   unjust  and    causeless    ..niu.osilv.    ''',";'"';:""'  ^T      "*>•""'  "''"  T. 
niakJs  use  of  |,is  p.,wer  to  alienate   f,-oiu  Jh.-  i  j'"^''  'T   I'^rt'C"  "  ch:.n^i-s  ot  the 
«««i   ,.r.,...  ...«w...,  A  c  ..  ..-    ^     1       •.  ■  1    Onnonil   ai'iiuu>i  hiin  then  demerc* 

carl  yo!irinaesi\s  lavour,  cftMMl  npinnni  and  i  .1        .i     1  ..u        *  ^: 

confulencc,  after'above  ya  veaiN  f.llbful  an.t  j  '»♦•"■•''';;>"  "»^-  l-»^  >';    f '«  ™»J 

dilisent  service,  « herein  tV  c,i,l  .,ul  IkuU  h""  '' ' '^'^.r^  VT"' f^^'i  J«^ 
almost  worn  out  his  strcnijth  aiui  lit.-,  v.iil,  ,.t  i  '■';'";'  *"«  2^"»  "*  •'"'j''  «''«''  **' 
conviction    of  any  failure  or  trans5YC'>>i')ii,  |  *^"  • 


t09]       STATE  TRIALS,  34 Charles  II.  l6S2.^4ke  Earl  ofAngietnf.        [1010 


July  14th,  1682. 

w  Answer  of  Arthur  Earl  of  Anglesey,  Lord 
Priyy  Seal,  to  the  Paper  delivered  by  the 
Duke  of  Ormond  at  Council,  July  18, 
168S,  as  a  Charge  of  Particulars  against 
him. 

Savine  stiU  the  benefit  of  his  former  Answer 
Iprered  in  the  83d  of  June,  and  what  was 
»  done  at  council,  the  said  earl  further 
th: 

rhat  it  is  to  be  considered  that  all  the  said 
rticularB  were  passages  in  a  private  letter  to 
nend,  not  designed  for  public  view.  That 
5  49ail  of  Castlebaven  to  whom  it  was  written 
Bp  convinced  thereby,  as  appears  by  a  se- 
M  qiistie  to  the  reader  added  to  his  Ulemoirs, 
Micu  be  saith  4hat  his  acting  as  a  confcde- 
m  catholic  was  in  plain  English  as  a  rebel, 
lit  be  dotli  not  excuse  the  rdLellion,  for  all 
I  water  of  the  sea  cannot  Hiwh  it  off  that 
tion,  it  having  been  begun  most  bloodily  on 
» E]|glish  in  that  kingdom,  in  a  time  of  a  set- 
ineace,  without  the  least  occasion jnven.  A 
ble  and  remarkable  confession  of  one  who 
i  been  lonsf  of  the  supreme  council  of  the 
lAderate  frisb.  And  which  makes  it  the 
mt  wonderful,  that  the  duke  of  Ormond 
wU  be  so  Kivexe  a  censor  on  a  Letter  which 
1  so  good  an  effect  on  bim  it  was  written 

Ib  the  next  place  tlie  said  earl  saith,  That 
oe  the  duke  of  Ormonil  thought  it  fit  to  con- 
«  himself  in  a  Letter  not  written  to  him,  he 
isdd  have  beon  so  impartial  as  to  have  taken 
ioe  of  this  nassage  tiberein,  u.  6 1 , '  Y'our  lord  - 
p  having  been  privy  to  all  the  cabals  anil 
councils  against  the  English  and  Pro- 
,  will  I  hope  if  vou  find  any  tiling 
by  me,  questionable  or  d(»ubtful  in  your 
ttion,  favour  me  with  your  severest  reflei^- 
i^thmupon,  for  as  I  desire  nothing  but 
ict  truth  wherever  it  li^it,  so  if  by  any  in- 
'■ertency  or  want  of  full  information,  I  should 
or  come  short  in  the  Iraxt,  your  lordship 
ill  find  me  reail^  to  retract  or  supply,  but 
tr  to  persist  in  it,'  whereby  it  appears,  tliat 
t  carl  m  Anglesey  had  no  intention  to  injure 
Mho,  as  he  is  not  conscious  lie  hath. 
■lieae  things  premised,  tiie  said  earl  gives 
■  short  answer  or  rather  justification  to  the 
4  particolar  charges. 

hist,  to  that  markfHl,  No.  1,  <2,  3,  vhich 
•  ad  iNit  one  clause  in  the  l«lt«'r,  p.  *>7,  vtss. 
ft  ibe  cessations  and  peaces  ucn^of  advau- 
!^  onlv  to  the  Irish,  and  highly  dishouour- 
^  to  tiie  crown  of  England,  acii  df»lru(*tive 
k  Engtish  and  Protestants. 


'.  Thesaid  earl  passing  by  the*  Irish  and 
being  the  chief  proiiioU'i's  of  tht-in,  the 
and  Protestants  sent  agents  to  Oxti»nl, 
bari|y  to  oppose  and  divert  the  iiif1iien<'e 
wfKi^  and  to  hinder  agreement vt  with  the 
|hl  which  they  foresaw  wo:ild  l>e  destnic- 
^llw  Engliui  and  l^mtcstants,  the  whole 
^pioftiieprooeedingi  herein,  wurepub- 

ffM.  TIU. 


lished  in  1644,  in  a  book,  intitled  *<  The  False 
and  Scandalous  Remonstrance  of  the  Inhuman 
and  Bloody  Ucliels  of  Ireland,  together  with 
an  Answer  thereunto  on  behalf  of  the  Firotcs- 
tants  of  In'land ;"  tlie  perusal  whereof  will 
fully^  justify  the  earl  in  what  he  hatli  written, 
besides  tlie  two  houses  of  parliament,  their 
declarations  and  reasons  against  both  cessationn 
and  peaces :  but  to  put  it  past  dispute,  tlie  carl 
refers  to  his  majesty's  declaration,  and  the  act 
for  the  settlement  of  Ireland,  in  which  the  duke 
of  Ormond  himself  had  a  great  hand,  and  gave 
the  royal  assent,  p.  10,  (Sec. 

I)y  which  his  majesty  that  now  is  in  full 
narhament  dechircs,  that  his  royal  lather  had 
ueen  forced  to  the  cessation  and  peace  which 
he  had  made  with  the  Irish,  and  that,  he  was 
thereby  compelled  to  g[ive  them  a  full  pardon, 
in  the  same  act  his  majesty  also  declares,  that 
he  himself  was  neccssitateil  to  make  the  secmid 
l>eace  with  the  Irish  upon  difficult  condi- 
tions. 

If  all  this  do  not  prove  the  cessations  and 
peaces  dishonourable  to  the  crown  of  England, 
of  advantage  only  to  the  Irish  and  destructive 
to  the  English  and  Protestants,  I  submit  to 
judgment. 

And  why  else  were  the  peaces  upon  hearing 
all  parties  laid  aside,  and  trie  Irish  their  estates 
divideil  among  the  English  ? 

2d  Charge. — That  therefore  the  lords  jus- 
tices and  council  were  from  the  beginning 
averse  to  them,  page  60. 

Af inter. — To  prove  that  the  justices  and 
council  were  from  tlie  beginning  averse  to  tho 
cessations  and  peaces,  1  refer  to  their  manj 
letters,  which  I  have  ready  to  produce,  in  some 
whereof  the  duke  of  Oriiioncl,  then  carl,  joined, 
by  which  they  declare  the  horridncss  and  uni- 
versality of  the  rebellion,  and  the  design  of  the 
Irish  to  extirpate  the  English,  and  to  cast  off 
the  English  gtwcmment,  and  that  there  was 
no  ii-ay  of  recovering  that  kingdom  to  the 
crown  of  England,  but  by  a  vigorous  and  total 
nniucing  them  to  obedience. 

But  when  other  councils  were  taken  up,  one 
of  the  lords  justices,  and  divers  of  the  chief 
ufKcers  and  counsellors  of  greatest  experience 
in  thai  kingdom,  and  who  best  understood  how 
to  deal  with  tliat  people,  were  displaced,  and 
affairs  put  into  other  hands ;  the  grounds  and 
proci tilings  and  success  whereof,  tlie  duke  of 
Oniiond  can  better  relate  than  I. 

3f/  Charge. — Concerning  the  Pk'otestants  of 
all  degrees  sooner  or  later  opposing  bi»th  the 
cessations  and  jieacc^,  and  the  nobuity  named 
that  did  mo,  p  65. 

AntiTcr. — This  ismatt(*rof  fact  unquestiona- 
ble, and  without  uliich  and  their  subduing  iXi% 
Irish  to  the  crown  of  Englaiid  (who  vivre  shel- 
Wn^\  and  protorttrd  by  the  cessations  and 
jwaces)  llicir  tslates  could  never  have  Ikn.-ii 
granted  to  the  Kni^lish  and  Protestants  as  they 
are,  if  tliL-rc  were  any  nxl^take  in  the  muuiffra- 
ti<»ii  of  the  nobility,  (which  Ls  |>ossibh')  the 
lett<.'r  being  written  by  memory  and  tar  from 
l»ouks  and  papers,  it  will  not  be  great  or  intr 

3T 


1011]        9rATSTatAL$,'94%HABLR> 

Ipriul,  and  is  easily  ainendalile  witliuiit  vnrj'iiig 
tliti  case. 

ith    Cinrg^— Tlml    tlie  tHo   first  peaces 

■  i**Tf  a^;aini(t  law,  and  nevcral  acta  of  puiin- 

IfBMit  in  hdth  kingdoms,  ]>.  Oi. 

I  •  jiutu'rr. — Thtv  are  not  only  RgainA  the 
wfaule  acupe  vitiie  laws  in  Ireland  and  Eng- 
land, for  cslablislting  tlie  Prateslant  Kdigion 
anil  suppnsaion  of  popery,  but  uguinst  ibese 
partii-ulnr  Mis  of  parliamenl,  viz.  'i  Eliz.  c.  1, 
a,  b  Ireland  and  38  H.  S.  c.  13,  Jsc.  Aud  in 
Englon-I  the  statutes  of  ihe  i7  Car.  1,  c.  34, 
35,  36,37,  in  one  ofwliicfa  jl  is  provided,  that 
^1  pardons  granted  to  anv  ol'  the  reheti  oflre- 
lanil,  williflut  ass«nl  ot  parliament  shnJI  be' 
»oid,  and  yel  by  the  cefisaiioiis  they  were  re- 
prieved,  and  by  botb  the   peaces  folly  par- 

And  in  llie  same  art.  it  is  also  enacted,  thai 
who»i*ver  shall  make  any  promise  or  agree- 
tneiil  to  iDtrodiice  or  britii;  iinti-  ihr-  realm  of 
Ireland  the  aulhcnlyof  iliestf  of  Rome 
Mty  oiM  wliWaoeter,  or  tii  defeud  or  maint 
tiie  Mme,  idiall  fnrlMt  all  his  lands,  lenenients 
■nd  hetrditaments,  goods  and  ehalletB. 
After  HiRie  dclnte  of  tlie  said  Cliar|;i 
.  Ansuenottouneil,  tile  luids  voaiX'titrd  Wiug 
tvitfadniwn,  this  rcsnliilion  ]iaunl  by  the  lords 
on  the  l/inl  Priv y-Seul's  Letter  ui  tlie  earl  of 
C^tkbowou  (*ia.)  That  it  was  a  standalous 
Ubel  ft^iiut  bis  bte  ouje-sty,  against  bin  now 
inryesty,  and  aguinst  the  govrniineiit :  but  no 
r|HUlicu(at  clAUtes  were  mentioned  to  gronnd 
.thutrcnsiire  uponj  audnlienihe  parties  Hen' 
.  oalltd  ill  acuiii,  the  lurd  ehaneelkit  only  luld 
the  Lord  I'my-twal,  tlial  ^e  kiugconcuvi.<d 
bill)  fuuUy  in  tlie  clause,  n.  3'2.  of  the  said  Lei- 
ster Id  the  curl  of  Castlebavun,  wherein  tlie 
.  coifiiiutlcei  of  the  parliament  of  Ireland  were 
■  loeiilioneil,  as  baying  been  in  at  the  intrigues 
,  of  tlie  popish  fact  Eon  tit  ciiiirt,  but  ihat  the  routi' 
Ell  bail  awuiutiMl  bis  lurdship  to  be  heard  next 
council  day  August  3d,  when  he  was  to  pro- 
duce ibevoiichers  mentioned  iu  his  wiswer,  is 
appears,  by  the  order  foUoHing. 

At  ihl:  Miirt  at  Ilnnipton-conrt,  tbia  QTIh  day 
ofjwly,  IflBB. 

By  the  King's  MoGt  Excellent  Majesty,  and 

tlie  Lords  of  bis  Alajesty's  most  Houour 

ablc  Privy-Council. 

It  was  this  djy  onlcred  by  bis  majesty   ii 

council,  thai  tlie  rigtit  houuiu'niilc  tlie  earl  nf 

Anglosey ,  lord  priTy-seJ.ilu  on  Thursday  neit, 

being:  ttieardniAugusi^ioduceto  hisnuyeiily 

in  CoirooJI,   appoiattd  at  llatnptou'court,  at 

nme  in  the  morning,  ilie  vnuihers  meulioniU  by 

lus  lonlabip  in  biaansncr  this  day  read  at  tlie 

boardlotlii'.F<t|)errlcliiered  inlhe   latb  instant 

by  his  grace  tlie  duke  uf  (.Irioond, 

I'm.  LovD, 
Itwastfais  day  ordered  by  his  m*i(«ty  In 
OOunril,  (hat  the  right  hnn.  the  earl  ot  Ciulle- 
harnn  do  alicnd  lliis  Inard  on  Tbnrsilny 
the  3rd  ul*  August  next  at  nine  in  the  morning 
Vtbt  eouBCtt  cfaawbcr  at  Haraptm  court, 


about  a  book  piihlishnl, 

ships  MemoirH,"  ooneenung  the  111 

Ireland. 

The  lord  prify-seal  cuntiiiiliii^  r 
of  tbe  gonl,  ana  finding  himidl  pn 
Ihe  Lords  the  said  a7th  day  of  July, 
wrote  tlie  following  Lelter  r«  his  ni 
sent  it  inclosed  to  the  bii-d  pirsidcM  i 
aented,  nbicb  was  done  avcurdingty 
"  May  it  pU-nae  your  majcatyi 
"  Having  rereiTcd  your  imiyvtt}' 
council  of  ttic  S7lb  of  July,  to  pmdii 
of  August  next,  nt  HamptMi-mml. 
majesty  in  council,  the  fouchers  int 
me  in  my  answer  (o  the  jutper  drlxi 
14lh  instant  by  (he  duke  of  Otavmi 
imreasr  of  my  fit  of  ibo  gWit.  w» 
mv  Inst  attendance  inci^ciUlin[r  m 
^y  to ubey  ibo said  ordrr, I  hnnil n 
viHil  the  oliedieiice  1  ani  able  by  thi 
addrrsstoyour  niiyeatv. 

"  Ifindby '*>*«"'TJ"f  lli*l»«™ 
proceedings,  that  hrynnd  what  the  k 
cellordeidnrigd  to  mr^  at  tbe  board,  s< 
jesty'B  judgment  ofa  clauKr.bi  tbr  ! 
of  my  Letter  to  tbe  earl  of  Castlphi) 
was  not  so  mncli  as  mentioned  in  ihi 
Ormond's  said  Piiper  ;  A  resuhcHi 
cmincil  oil  lliBt  LeUer,  to  tbisdfKl 
was  a  scandalous  Uliel  against  ymir 
royal  tather,  against  vtmr  majesty,* 
lhegnTeniment,but1  tind  nn  danw! 
such  judgment  is  grounded,  your  as 
imagineivitb  what  aniaxemenl,  asw 
Me  this  came  to  my  knowled^,  H 
less  concern  liavp  seen  adag^^slDi; 
ful  bean,  than  lo  have  received  the 
hare  from  your  royal  band,  after 
fnitbful  and  diligent  service  under  f 
"  I  do  not  know,  by  nlml  ri^t 
rity  the  council  table,  who  are  limit 
Inivs  in  their  jnrisdicliaD,  takeupan 
trial  of  a  peer  fcr  prrtemleii  libdUOs; 
shall  be  glad  lo  see  their  zeal  i]g»lMt 
ling,  which  is  tbe  dangerous  and  «w 
sin  of  tbe  age. 

■  ■   ""  supported  at  prcseni  ond* 
n  lliLs,  ibal  your  mnjea^ 


•  la 


.kA 


so  often  declai>oil  If 
govern  Bi  , 

old  servant  a  lair  and  legal  trial,  in  ■ 
your  courts  of  justice,  upon  the  puis 
tbe  duke  nf  Urmond  lialii  accwed 
they  tiikc  any  liiipressiou  on  y»«lf 
ni>  prejudii-e ;  anil  tben,  I  nfi  i*wt 
due  adiuinistralinn  nf  the  laWf,!* 
Icffally  inipannelliil  and  WMq 
which  in  the  right  of  pvery  m^M 
senteil  to  yoHr  majehly  in  IhM  • 
a  rharaiter  mure  Miitsbletolbil^ 
reputaliun  and  honour,  with  wIM 
rived  ai-oMoge.  Tlul  if  (be  MlP 
upu8liiS|Huseciilioti  of  me,  bcAni 
who  have  |H>wertn  hear  and  MIg 
by  viii^tyitig  his  deAct  of  fi  ~ 
cunrict  tuelura  libflAer,  inai 


2  013]     STATE  TRUI^  34  Charles  IL  l6S2 ike  Earl  of  AngUiey.       TlOU 

rg^,  I  shall  not  only  deserve  your  majesty's  your  service  without  reproach,  so  1  hope  suli 

niie,  but  the  utmost  severity  of  the  law  in  to  stand  justified  to  all  the  world,  w  hat  I  resolve 

SBr^  punishment,  which  may  gratify  the  am-  whilst  I  live  to  be,  your  ^lajisty's  most  oht^- 

liition  of  some  who  promote,  and  wait  for  my  dieut  and  most  faithtV.l  devut%'(i  8ul)ject  and 

■mplsDting.  servant,                                        Akgli:s£y.** 

V'  Tbe  only  passage  that  I  yet  know  of,  London,  Aug.  2d,  1082. 
Wfaidiyour  mayesty  seems  to  take  offence' at, 

*"^^      fthat  in  page  the  32nd,  of  the  Irish  com-  Tlie  naid  Letter  was  road  at  council  Au^ifiist 
I,  being  in  at  the  intrigue  of  the  popish  3rd,  but  notliiuu^  appears  ent(;rt>d  to  bo  done 
at  court,  &c.  since  it  was  suddenly  and  thereupon,  but  the  earl  of  Castlehaven  was  call- 
^Mxpectedly  urged  against  me  at  council,  not  cd  in  several  times  and  questioned,  aliout  his 
nwi^  one  or<die  particulars,  1  was  ordered  to  printed  Memoirs  answered  by  the  eiirl  of  Ans^lc- 
Vttswer  that  day,  1  <x>uld  then  oidy  answer  what  sey  lord  privy  seal,  which  he  acknowledged  to 
Occurred  to  lue  on  that  surprise,  without  so  be  his,  and  in  conclusion  his  book  w  as  by  his 
inch  as  my  reading  the  clause,  viz.  that  first,  m^|esty  and  council,  judged  to  be  a  scandalous 
Btively,  by  those  words  was  not  meant  his  libel  against  the  government,but  no  further  pro- 
majesty  or  his  council,  but  the  popisli  fac-  cceding  was  had  against  his  lordship. 
thai  haunting  the  conrt,  Uke  locusts  against  But  August  the  9th,  1082,  tlie  following  war- 
laws,  wiiich  prohibit  their  approach  to  it,  rant  of  the  king,  was  brought  by  Sir  ijonel 
m  many  as  wiQ  be  owned  then  papists  at  Jenkins  secretary  of  state,  to  the*  I^rd  Privy. 
:,  and  were  capable  of  intriguing,  1  do  not  Seal  in  the  evening,  liciug  then  at  his  lordship's 
%nple  to  say,  I  intended  them,  and  such  there  house  in  Drury-lane. 
^cre  of  my  Knowledge  at  that  time,  who  may 

lejnsdy  suspected,  to  have  laid  the  design  of  '1  o  our  Right  IVusty,  and  Ui^ht  well  beloved 

5^ the  cahuuities  of  this  kingdom  and  Irekmd  Cousin  and  Counsellor,  iirthnr  Eari  of 

^              ~  Anglesey,  Keeper  of  our  Priv}  Seal. 


1.^  "J°^i^  !f  y  T}-  *''L''?n  i**        Our  wiU  and  i,le<w..re  is,  that  immediately 
aur  peoole  dadv  m  afiront,  oi    .i.. -V./r. i__/ __    • 


■-"«-©•- r           .^  ^-.     ^      ,.  seal,  appomted  by  our  letters  patents,  to  reuiam 

Sry— *your  people Jlady  m  tSr^ai,  ol  ^^^^^  ^l^^  iu  your  custody,  ii.to  the 

S^u^^"^.'T"*'"'n    "  "*   ^'*'w  '*"*'  hand?  of  our  ri^t  trity,  and  well  beloved 

— devaurttbem,  neither  youruugesty  nor  counscUor  sir  Lionel  Jcukfi;,  kniijht,  our  prin- 

BjuDgdoms  can  be  safe,  but  the  seeds  of  ^    ,  .^cretary  of  state,  and  for  So  doiiigf  this 

rtm  win  grow  up  to  coii|as,on.  ^^^  be  your  .vammt.    f Jiven  at  our  court  at 


Mdition 


rfl^*""'r!'T**?'^''''-*""^f  "'*''*^'^'     Windsor  the  8th  day  of  A.^ust, 

cr  my  harmless  mtention  m  that  expression,    q.,i,  „^,  ,,a«^..« ^.Ji.    u,.  i  .„  ...o.<x.«.,'^  ^r^ 

mm  I  have  perused  it  at  leisure,  I  find  that  ii!    ^^J^  "'  "^  ""»"•   "^  '""  '"'•'^y  "  •*"*■ 


S 

ut 
1682,  in  the 


mand,  Conway. 


that  clause,  I  assert  nothing  positively,  but  when 
with  diiyuncuve  particles    I    had  mentioned        What  passed  between  the  Lord  Privy  Seal, 

diven  particulars,  which  were  in  that  juncture  and  Mr.  Secretary  appears  nut,  further,  than 

tfaejcaiousy  and  discourse  of  times,  and  even  what  follows  under  the  said  Secretary's  hand 

tll0Doast  of  the  Irish  iheinselves.  and  seal,  but  it  is  said  tne  Lord  LVivy  Seal  with 

'*  1  conclude,  that  I  would  not  take  upon  me  his  duty  to  the  king,  desired  the  secretary 

to  deCennine  any  tiling,  but  that  soon  after  Uie  (which  he  promised)  to  let  his  niajcsty  know 

taid  committees  return  for  Ireland  brake  out  thatatthe  signification  of  his  majesty's  pleasure 

that  execrable  and  unparalleled  rebdlion  of  die  be  delivered  the  seal  more  jo^i'ully  than  ever 

papists.  he  received  it. 

odwilU  hope,  see  oiuse  to  tlunk,  that  a  sum-         ,„  p„„„^ee  of  his  majeslv  's  Warrant  bear- 

mOMfiH:  me  to  produce  vouchers  after  they  jn^  jJie  yesterday,  lH!in!,'th.-  8lh  dav  of  tliis 

Iwre  gtvenso  tcmhlc  a  md^ent  against  me  ^^^  ,^,„„^,  of  Aufc'usi.  which  warrant  was 

comestoolate,  and  tlwt  if  1  were  ui  a  condition  [jijii^^g^g^y   »iz 
toijttHid  at  tlMs  day  apoointed.  it  m.uld  be  no        ^,  ^   ,j„^  ;,ji,  ^^^   ,^„^  ;     ^^  i,„,„g. 

tS^K:  ^1     I  ""*      •  "5^'    '*'""1  «>'«te>y  upon  wg'"  I'C""*"  vou  deliver  «,,  our 

Sd±d''.S;st;dli»TtSftrn;of  privyLarap;Lu..l  by  W  let.er»  pa'tents. 

wuuuuinuuicBs  K>*"M<  TOuic:  ure  iicoiiug  «»•  (o  rciiiain  duniiir  our  olcusurc  111  your  tussoilv, 

5Si^  5*  concluded,  wbit-h  I  hone  no  other  ^^^  „,^  ^^j,  ».       ^  ,,t  t.n.st/a,.d  well  b;.- 

OOWtwlI  A.,and  was  never  that  1  Imow  done  ,„^.^  counsellor,  Sir  LoIhi«  Jenkins,  knight 

5L?^?^u'*"l?'n   "'i',*?*'  ""I- «»7  »  »»«!'•.  our  principal  secmarvol  state,  and  16.  so  domff 

^J^"^"  ^"fl^y^""^  .  this  Sail  lie  your  wm-fant.  Uivcnatom  cou.tat 

•andalou.  pamphlet,  which  heowned  ut  conn-  ^-^^^^  ^^^  j     „,.  ^^  ,y„.,      ^„  „„ 

SmSoiS'':  Atxrilo^^tt'X^^  1  *s/-  »*•-  -^>'  »^-  -"To^::;:'"  ■ 

IiavG  delivered  in  council  already,  will  be  better  '  '        * 

and  more  impartially  considered,  without  my  To  our  right  trusty  and  right  well  l»<loi  cd 
l^ivine  your  majesty  further  trouble  therein.  cousin  and  counsellor  Arthur  earl  of 

^  KuA  «•  I  hav/B  spent  the  begt  of  my  days  in        Anglesey,  Keeper  of  our  I^'ivy  -Seal. 


1015]  STATE  TRIALS,  54  Charles  II.  l6B^^Prou€diiig9»  ife.         [mi 

The  right  honourable  the  said  earl  of  An- 
glesey, delivered  into  my  hands  his  raiges^'s 
privy -seal,  sealed  u[)  ^vitli  his  lordships  seal  at 
arms,  being  put  into  tlie  purse,  given  by  his 
majesty  for  carr^iny^  thcsuid  privy  seal,  which 
said  privy -seal.  I  received  at  eight  o^clock 
in  tlie  evening  of  the  said  9th  of  August, 
Witness  my  hand  and  seal,         L.  Jenkins. 

FINIS.  Now  to  shew,  that  Dr.  Moriey 
the  learned  bishop  of  IVinchester,  is  of  the  same 
opinion  with  the  earl  of  Anglesey,  for  the  kee|»- 
ing  oat  of  popery,  now  it  seems  to  be  flow- 
ing in  upon  us,  it  hath  been  thought  fit,  to  till 
up  this  last  sheet  with  the  following  letter  of  the 
said  bishop,  written  to  the  siiid  earl  above  ten 
yeai'stupo,  when  the  papists  warmly  set  upon 
their  design  to  intro<lui*e  [mpery/nnd  inanj 
years  before  their  desjierate  plot  since  disco- 
vertd  (for  which  so  many  ha\c  Nuffercd  by 
the  hand  of  justice)  was  riiie  for  execution. 

Which  Letter  was  received  by  tlu*  said  earl 
from  the  sai«l  bishop,  July  the  9tli,  1(J72,  by 
the  hands  of  the  lord  Corlibury ,  now  eai'l  of 
Clarendon. 


be  done,  when  it  ii  done  by  writing,  or  i 

ing  of  books,  pro  and  con,  of  whicn  there  «1 
never  be  an  end«  But  how  is  it  to  be  done  tin? 
I  answer, '  viderent  illi  qui  ad  clavnm  wdeol,* 
let  them  look  to  it,  who  sit  at  the  hdm.  I  m 
ready  to  obey,  whatsoe%'er  I  shall  be  oomnuBi* 
ed  to  that  purjKMe,  as  far  as  my  comcieiBi 
will  permit,*  and  I  thank  God  Thave  done  m 
both  formet^y ,  and  in  my  late  iisitatioo  cf  ny 
whole  dioeess,  which  perhaps  von  may  haft 
heanl  of,  little  to  my  credit  iftue  pseuSb-ci- 
tholics  have  infomieid  you  of  it,  but  I  care  m 
what  they  or  any  other  heretics,  or  schismaiicf 
do,  or  can  say  of  me ;  as  long  as  I  do  that  ad 
no  more  than  what  my  duty  to  God  and  tk 
king,  and  the  place  1  hokf  in  the  ehoicfa  r^ 
quires  of  me.  t 

*'  Vou  know  what  I  was  for  in  the  Utesnsiaii 
of  parliament,  (I  mean  not  a  comprehcDMi,) 
hut  a  coalition  or  incoqioration  of  the  pivib)'- 
terinn  |)artv,  into  the  church  as  it  is  bj'  M 
eKtablislioff,  and  I  am  still  of  the  sameopuM, 
that  it  is  the  one  only  effectual  eiL-pedwDt,  tt 
hinder  the  i^rowth  of  popery,  and  to  secure boA 
parties,  ana  I  am  very  countlcnt,  that  there  0 
no  pn^yterians  in  tfie  world  (the  Hcolch  ealy 
excepted)  tliat  would  not  conform  to  all  tW 
is  required  by  our  church,  especially  in  aachi 

*  Sir  John  Dalrymple  (First  AppcodiE  ll 
Memoirs  of  Great  Uritain  and  Ireundi  289)y 
informs  us,  that,  lord  Dartmouth's  roaaiMa^ 
notes  on  Burnet,  contain  the  following  pM* 
suge : 
yeein  to  think  I  lm\(',  hut  tliatiks  !•♦•  to  (;oi|,  I  "  P.  :>90,  Not  loner  before  his  n»i»»hop  Mcf- 
our  f'liun'h  \v:uits  iiot  tliosf  tlial  iia^--,  uiul  can  le\  \s)  fhatli  (tor  h»'  tlitn  kipt  hi*»  cliJunnerj  niT 
aixl  A*  ill  jin-\\  frail  ih:ii  lialh  Imcu,  •••,•  is,  or  |  tathncarru^'l  nn'  \vitli  hini  lo  Kanihtini  ( 'a>ll«-. 
can  Ik'  ooMTitM!  airaiusl  lur,  or  an\  of  ilir  «lor-  !  I  ^vas  luit  al>o\*"  12  years  oM,  luil  irin*niber  tiv 
triuLs,  M  hirh  in  ouiujsitiou  to  ihr  I'.iuirh  i»t' .  hisli'ip  talkcti  uiucli  oltlu*  «hike,  nn.l  cniicn-'W 
lloHie  arc|»n»lr>^j-,l  l»y  her:  nritlur  lio  i  kimw  !  ^^ithtlrsinnt;"  m\  liitlierto  tell  liiin  froiuhimiljil 
any  one  hook  or  :mv  oiu*  arnunuiit.  (wtuth  tuc  \  it'  In*  jlopentled  ujhiu  uon-M-sistaiit-e  lit-  wouW 
tiiliin^jr  u<>*i^'»' "M  ^' -"itt*  M  t)r  uri^csl  !i\  aii\  K'o-  •  lin<l  hiiui»»Ii'(h'C<*iAi  •).  tor  tin  r«'  wen*  *tr\  It* 
inanist,  for  thrui  ni-  ::!i:!iii»»t  U'^,  in  ai.\  so. ;U rial  <il'llial  c»|»ii'i(»u,  ihniitrli  there  were  not  niaii\  M 
iM'iut  of  cliHtTeno*  lutwixt  us,  that  hat'i  imt  tin- Cliunh  o!"  Kn;^iau«l  ihai  thought  proptrta 
been  rlc:»rly  an«l  tiilly  an^weriMl  ovir  ami  o\»r  :  roniiadiet  it  in  ttrnis,  imt  vra"*  ver>  surethfV 
Jii^aui,  hy  sonic  nr  oiIht  of  our  own  eluuih  i»f  |  would  in  |na(ii«'e.  My  father  vAi\  me  lie  hiui 
Lui4;lai:(],  to  vav  nothin;:'  oi'  thovi*  (uiintntlv  ;  iViqiuMULN  put  kin.*;^  .hmics  iu  initul  ot  Moik'>'$ 
lc;ii'ue«l  and  jiious  i\\\  \\us  <»fihf  oj'm'r  !«toiru«-il  '  la>t  niessapv  Ut  hint,  thouj^h  to  %ery  Utile  pnr- 
prott'MMni  riiuri'lus  litynnl  tin- sras  ;  ».»)  ihat  ■  po^r  :  lor  all  tin- answer  was,  that  the  bishop 
to  answer  <\cr>  ini|M-rtninu  ]iau)iihlrt  that  ;  was  a  \ery  ^ood  man,  but  ^rovAU  (»ldandtiiuo- 
comcs  forlli,  wlurli  hath  noihini;  hut  what  hath     rous." 

been  si»  olien  answrnd  In  ton-  in  it,  is  hut  '  ae-  !  i  liishop  Morlry  \*asat  this  time  74  vcarsrf 
tuiu  at^'errt  t  sliillrslahorine|»tiaruin,'andtlM  ro-  ■  atio,  ami  he  li\e<l  12  \ ears  afterwards,  lit- hJ 
fori;  tlu!  wiM'  man  that  hids  us,  t'orhids  us  too  ;  !  attcndul  the  exeellcnt  lord  C'a|H.'l  to  his  exrcn- 
to  answer  a  fool  in  hi*;  folly,  his  nnanini;:  is,  that  !  tion,  (S»e  *ol.  4,  |).  I'J'^b,  of  this  I'ollectjon :) 
nlte;  wiha\(' answered  him  onee,  we  should  an-  I  and  he  hud  Invn  one  ot  the  Counuiafitiom'  s  X 
swer  him  iio  more. «  sp«»eiallv  sueh  kind  of* tools,  !  tln'Savox  Conferrnee.  (Sec  \  ol.  6,  p.  1.)  ^*h* 
'  (|Uos  non  p(  rsuadi'his  eiiaiusi  persuaveris."  j  bi>hop  Uurnel  in  his  account  of  that  traiisacnn 
niid  :»neh  ap^  all  those  who  eontcnd  tor  interest  says  of  hinuna>  he  seen  in  vol.  6,  p-  6li  ^'^ 
:uid  hf>t  lor  truth  :  Denn  tnus  will  hold  his  eon-  ]  addition  to  which,  when  he  mentiona  Moriqf^ 
elusion,  t'i  ■:  hr.v.'   s  i  i.(jd  ■»  >«n,  as   Ion;;-  as  he  '  death,  he   says,  "  he  was  in  many  reipecll| 


*'  My  Lord  ;  Yours  by  my  lord  of  Cornbur^', 
I  received  this  morning  from  his  own  hands, 
and  this  is  to  return  you  my  humble  thanks, 
for  the  favourable  opinifMi  of  me  yon  arc  pleascfl 
to  express  in  it,  which  as  to  the  zeal  I  have  for 
the  Protestant  religion,  1  hope  I  may  without 
vanity  own  to  l)e  true,  but  must  acknowlnli^ 
I  \)ant  these  ahiliti<s  tii  defend   it,  which  vou 


i^' 


hath  noil' 1  •    !••  l.-.e  )i\     l.:it    th'- m.ikiii«r  ot     u  ry  eminent  man,  zealous 

khriiM-s,  hui    •- il.i;.-  liii-ii  n«»iliii.i,^  to  he  done  .  \et' a  great  enemy  tS  ihb 

-will  \ oil  ^ !  >  to  1.' « J)  '.rtt  j.u^M  r,\ ,  now  it  ft'vmh  \  considerably^  leuned,  tfid  Imd  t gVMl^v^ 

t )  he  liowMi^  in   lip' ri  us  .'  \fs  no  dcuil't  there 

i*^,  and  1  hope  there  wilt  U',  when  his  majesty* 

111  •  j'**t-"  •*%  ^ 


i}\iA\  ttv  a  couveiueni  time  lor  it,  but  it  will  not 


0ftb0Uffbl,lN|iii« 


STATE  TRIALS,  34  Charles  II.  l6S2.—Pr0eeeimg8, 4  c. 


le  as  this  is,  which  is  all  I  have 
at  particular  at  this  distance, 
the  visit  >  our  son  maHe  me,  I 
At  honour  and  favour  from  him, 
sidering  \w\v  much  jjood  I  have 
which!  hojie  will  'mcrt:asi* every 


day  more  and  metre  in  him,  that  the  nvu 
age  may  he  the  better  for  him.    My 
am,   your   lordship's   very   humble 

Geor.  Wi> 
Fandiam  Castle,  July  4, 1672. 
For  the  rig^bt  hen.  the  £arl  of  Anglesf 


eedings  against  Tkmperance  Lloyd,  Mary  Trem 
Susanna   Edwards,   for  Witchcraft :    34  Chari 
1682.* 


Impartial  Relation  of  the  Con - 
JNS  of  Thuee  Witches. 

von.  «. — Biddiford,  w. 

ion  of  Dorcas  Coleman,  tlie  wite 
Coleman,  of  Bidditbrd  aforesaid, , 
taken  uinm  her  oath  Ijefore  Tho- 
,  Mayor  of  the  borough,  town,  and 
if  Uiddiford  aforesaid,  and  John 
liderman,  two  of  his  Majesty's 
of  the  Peace  within  the  same  bo- 
LC.  the  U6\h  day  of  J  uly,  a.  d.  1682. 

informant  upon  her  oath  saith, 
ic  end  of  tlie  month  of  Ai^st,  in 
ur  Lord  God  1680,  she  was  taken 
;  pains,  by  pricking  in  her  arms, 
i  heart,  in  such  a  manner,  as  she 
Lcn  so  before. 

L'h,  she  this  informant  did  desire 
i  Bremincom  to  repair  to  Dr. 
ne  remedy  for  these  pains.  And 
afterwards  the  said  Dr.  Beare  did 
Ills  intbrmant. 

view  of  her  l>ody  he  did  say,  that 
his  skdl  to  ease  her  of  her%aid 
i  told  her  that  she  was  biswitchetl. 
:r  saith.  That  at  the  time  of  her 
mills,  she  this  informant  did  see 
Susanna  Kdf^-anis  in  her  cham- 
atshe  tliis  mformant  would  |>oint 
cr  at  \«  hat  place  in  thi.'  chainl>or 
uinna  EduunU  would  stand,  and 
(luld  ^0. 

it  saith.  That  she  hatli  continued 
,  more  or  less  every  week. 

Pamphlet,  entitled,  *  A  true  and 

delation  of  the  I  uformutions  against 

bes,  viz.  Temperance  IJoyd,  3Iary 

indSosanna  bd  wards :  Who  were 

TUgned,  and  convicted  at  the  As- 

n  m  the  county  of  Devon,  at  the 

te^  Aug.  14,  1682.     With  their 

Wlfriiluiii,  taken  before  Thomas 

Wp  and  John  Davic%  alderman,  of 

j^  tha  nid  county,  where  they 

^^     Am  ftlw  their  sjieeches, 

Wfl  9X  the  tune  and 

of  the  said 


And  saiti),  That  when  the  said  Suss 
apprehended  conceminff  Grace  Bama 
ditord  aforesaid,  that  this  informant  c 
see  the  said  Susanna.  And  that  wl 
said  Susanna  was  in  prison,  she  did 
unto  this  intbrmant,  that  she  had  be 
her,  and  done  her  some  bodily  harr 
witching  of  her. 

And  thereupon  she  fell  down  on  hei 
and  desire<l  this  informant  to  pray  for 
said  Susanna  Edwards. 
Thomas  Gist,  Mayor, 
John  Davis,  Ahlerman. 

Devon,  is. — Biddiford,  si. 

The  Information  of  Thomas  Bremii 
Biddiford,  in  the  county  atbresa 
taken  upon  his  oath  before  us, 
Gist  Mayor  of  the  borough,  U 
manor  of  Biddiford  aforesaid,  ai 
Davie,  Alderman,  two  of  his  h 
Justices  of  the  Peace  within  t 
borough,  &c.  the  S6th  day  of  Jn 
1682. 

The  said  informant  upon  his  oath  lai 
about  two  years  ago,  Dorcas  Coleman 
of  John  Coleman  of  Biddilbrd  aforeia 
ner,  was  taken  very  sick,  and  in  her 
this  intbrmant  did  repair  unto  me  I 
for  some  remedy  for  these  paina.  ' 
Mr.  Bearc  being  come  imto  her^  a 
view  of  her  body  did  say,  that  it  waa 
skill  to  ease  her,  by  reaaon  that  ab< 
witched. 

And  further  saith,  That  aftv  thai 
Mr.  Beare  had  left  her,  he  tUi 
sec  one  Susanna  £d wards,  of 
said,  widow,  to  come  into 
her  the  said  Dorcas. 

This  intbrmant  ftnthar  i 
the  said  Dorcas  did  ssa 
Edwards,  she  did  sasm  la  fy  m  i 
of  the  sail] 
^  out  of  the 
mformant,  ttid 
cas's  hiiMiaml,  Ad 
thechairs  Ujw 
wards  bMB  Is  fs 

mUk  A«  v-Wi 


—  •: 


take  her  up  iVoin  the  ground,  but  could  not, 
until  that  the  said  Susanna  was  gone  down 
over  the  stall's. 

This  ini'urmant  further  saith,  That  at  the 
name  time  of  her  tormenting  pains,  and  when 
she  conld  neither  see  nor  speak,  by  reason  that 
her  pains  were  so  violent  upon  her,  this  in- 
formant hath  seen  her,  tht'  saiu  Dorcas,  to  point 
with  her  hand  which  m  ay  the  said  iSusanua  Ed- 
wards was  gone. 

And  furtiier  saith,  Th&t  immediately  aflcr 
he  hath  gone  out  at  the  lore  door  of  tlie  house 
where  the  said  Dorcas  doth  live,  and  hath  seen 
the  said  Susanna  Edwards  to  go  the  same  way 
that  the  said  Dorcas  did  point  with  her  hand. 

Thomas  Gist,  Mayor. 
John  Davie,  Alderman. 

Dc\  on.  s$.     Biduiford,  ss. 

The  Information  of  Julm  Coleman,  of  Biddi- 
fonl,  in  the  county  aforesaid,  mariner, 
taken  upon  liis  t^ath  iK'ibrc  Thomas  Gist, 
Mayor  of  the  borough,  town,  and  mantir 
of  fiiddiford  aforesaid,  and  John  Davie, 
Alderman,  two  of  his  Majesty's  Justices 
of  the  Peiice  within  the  same  l>orough, 
&c.  tlie  2(3th  day  of  July,  a.  d.  1682. 


1019]      STA'l'E  TRIALS,  34  Charles  II.  l6S2.'^ProcrediMg8  agnhut  tie    [\m 

But  this  infoiniant  and  her  said  husband  seeing  j  manner  of  sickn^  ever  linoc  unlotkit^, 
her  in  such  »  sad  condition,  did  endeavour  to  |  witli  some  intenniasioDs. 

Thomas  Gist,  Mayor. 

JoH.v  Davie,  Alderman. 

Examined  with  the  onrinal  wfaerenf  tlm  i 
a  true  copy.        John  HiU,  Town-ClerL 

Devon,  ss.    Biddiford,  u. 

The  Information  of  Grace  lliomas,  of  KMh 
ford,  in  the  county  aforesaid,  mov, 
taken  upon  her  oath  the  Sd  day  of /ulj,i 
the  34th  year  of  the  reign  of  our  foreiei^ 
lord  Charles  the  Second,  by  the  gFMe  i 
God,  of  England,  Scotland,  Franoe  Hi 
Ireland  king,  defender  of  the  faith.  &l  j 
before  us  Tnomas  Gist,  Alayor  of  h 
borough,  town,  and  manor  of  BidiU 
aforesaid,  and  John  Davie,  AUemNB,  M 
of  his  majesty^s  Justices  of  the  Fmi 
within  the  same  borough,  &c. 

The  said  informant  upon  her  oath  taitk,Thl 
upon  or  about  the  2d  day  of  Februaqr,  wW 
was  in  the  year  of  our  Lord  1680,  thn  iib- 
mant  was  taken  with  great  pains  in  bcr  M 
and  all  her  limhs,  which  {lains  continued  «ikr 
till  near  or  upon  the  first  day  of  August  dtf 
following  ;  and  then  this  informant's  paimbh 
gan  to  abate,  and  this  informant  was  ibkll 
walk  abroad  to  take  the  air :  But  in  the  nfk 
season  she  was  in  much  pain,  and  not  able  U 
take  her  rest. 

This  informant  furtiier  saith,  Tliat  npoa  ff 
alNuit  the  3Uth  day  of  Siptcmbrr  ndw  lastpasi, 
this  inl'onnaiit  v.i'.s  i;uiiiuf  up  l\u-  IultIi  >tMMl 
l>i<I(lilor(l,\vh' re  lliis  iiitoniiant  nut  \>itli  Tiia* 
pciaiicc  Llnyd   of  IJiiitlitou!  at'«?i»saul,  wili'-f. 


The  said  informant  upon  hisoatli  saith.  That 
Dorcas  Coleman  his  wife  has  been  a  long  time 
sick  in  a  vci'y  strange  and  uniisiia!  maimer : 
And  ho  Iratli  s'>ii<4iit  far  and  n(jnr  for  Riucily. 

Aim!  saith.  T'.rit  one  iloctor  (xror;**'  iJi^aiv 
bein<:;'  a(l\is(<|  uiili  roiiii.  i.inti'  Ium- sirknc-rs,  hi 

this  (U';ioiU';U's  al)s<  iu'i\  (wliiKt  lie  was  at  sra)  ami  slio  \\\v  said  'reunK*rain-i'  «litl  tlira  uti»lil»^ 
tlio  said  ^»li".  B<an*  hath  (as  this  iironiuiii-  was  fallilowii  upon  lier  knrt-s  to  thi*»  int''»n»aiil.  a'4 
roh!  Iiv  '•■•  .sill  \vir«',  anil  liis  r.iicl'- Tlwiiuas  '  wrpt,  savin;^',  .Mi's,  (iracr,  1  am  .:Ia«l  1»s<a}  J 
Ilniipin':!!!!,  a!    \n^  rcun'ii)   said,  tlial    it  was'  so  slrou;;  auaiii. 

part  his  s^.'ll  to  pirsnilii'  «iirr''fi<'!is  tor  h(  r  '  I  |mmi  which  thi*^  iiifoniiaut  siiid,  Wlixii'^i 
t'Mi;%  bcraiisf  that  ihc  said  Uonris  was  he-  thiai  W(  rp  lor  nic  i*  Into  whi<'li  the  s.il«lTi»i- 
wilrlied.  pcrann*  H  pli«'(l,  1  wct'p  tin*  jo\  losirjou*" 

This   inrorniaiit   fiuthor   s;jith,    That   ahniit  |  wril  ai^fai'i,  as  the  said  TeinpiTaucc  then  pn* 
fhrco  iit<Mi*hs  im\^    I.ist   past,  h.s  sanl  wili- was     t<'nd<Ml 


sittinc:'  in  a  rhap-,  aiid  hi-inir  '^\^*  i'iU\vs>,  ih-  this  j 
inforniant  ilid  m  v  duc  Sn>aini:i  I'Mwards  <»!'  |;i<! 


This  ini'orinant   inrthHr  saiili,  That  in  thai 
\n'\  iii^ht  sh(  tlii«   informant  was  takca  vi-rr 


diford  aton's.'id,  willow,  to  roMi'.'  into  the  rhaiu-  '  ill  with  stickiiiij  and  prirkinif  pains,  asiiicugB 


bcr  iiniloia  picftmoc  to  \  isit  hi  r. 

^^  hfrciipoii  this  iiiiorniant's  witc  did  strivr 
fO  coiTif  :\\  her  iI.l'  saiil  Susanna,  hut  <;onl'l  not 
»(■<  1  out  i>r  liii  cliai.', 

I  {Min  viir.cli    iiiis   ini'oni.ant    ami    t!i<-  said  •' 
Thoinas  Un'iuinf'oiu  ih<l  cmh  a\'>ur  to  hi  !|i  Im 


pins  .nnd  awls  had  Ucn  thrust  into  her  tMii| 
iioiu  the  crown  <»f  her  head  to  the  s(de>i't  brf 
fcrt  ;  and  this  infoiniant  lay  as  thuii«:{i  it M 
l.ci'U  U|K)n  a  rack. 

And  saith,  That  these  jirickinir  pains  l*aw 
continued  upon  her  ImmIv  «\tr  simv;  .i!.ilJh»t 


r 
iMit  of  till'  I'hair  ;  and  iIh  said  Susaiiiia  -iid  l;o  |  hrr  pain^  ate  much  worse  by  ninhi  tliJiu  I'J 
lowardk  tlu'  chamhr.  -ilor»r.  ilav. 

And  fniilnr  saith,  Thai  when  thi- s  ii]  Sm.  ■■        Thi      int'ormant    further    saith,     Tli.it  <* 
sanna  was  v*u\u  at  l!u-  chamher-do'ir,  slu*  thi 
said  Dorcas  (leiniiiningspeeehlcss  a>  aforesaid) 


'i'lun>«lay  \\w.  first  day  td'  June  last  past  inik 
nij^ht,  she  this  int'orniant  was  l^oinid  anit *•«»■• 
did  sliiN-  out  of  the  chair  iijjon  her  ha«*k,  and  j  ingly  chained  up,  wiih  all  her  stickiii'^  |Misi 
BO  strove  to  com**  al  her  the  said  Snsamiu  ;  i;;"atliered  together  in  her  U-lly ;  soth.it  ooi 
hut  was  not  ulrte  to   rise   fnnn  tlic  ground,         ''       '        '    "  '  «■    -.  — 

iniiil   the  said  Susanna  was  gcmc  down  the 
stairs. 

And  fiirther  saith.    That  the  said  Dorcas 
iiath  eontinued  in  8u«h  a  «ttaiig€  aid  unusual 


sudden  lur  liolly  was  swohi  as  hii,'  w  nrt 
Mlies,  which  caused  her  to  cry  «»ui,  1  >rt 
die,  I  shall  die ;  and  in  this  sad  eoiHliiim  Ab 
informant  lay  as  though  she  had  hern  dtsrf  fc 
a  hmg  mce  (which  those  persons  that  wMtil 


TATB TRIALS,  34  Charlrs  II.  l68«.— Xlm  Dtron  Witrhn. 

T  with  her  UiU  infomuuit  did  com- 1 
Unithrolioiirs.) 

intbntiant  funhcr  railb,  That  on 
It  last,  Ix-in^  tiic  JOlli  day  of  June, 
uil  yna  agaiu  pinched  and  )iricked 
1,  «ith  such  criii-l  thnistinif  y»\a* 
1,  ehoulden,  anus,  liaiuts,  (hiij'h«, 
s  tlioui^i  tho  flesli  wmilil  have  \ut-a 
iliutely  torn  frain  ibe  bonca  uitba 
■Ts  nnd  thumbs. 

ntTRnitb,  Tbatshewascvm  plndc' 
berbed,  and  Iny  in  thi«  condition  for 
f  ibrrt'  hmirs  (as  she  was  intflnnt'd 

tlic  said  I'erwns  tben  in  this  in- 
'liainbcr.} 

■rmBnt  further  saith,  Tbst  upon  llic 
r  this  instant  July,  as  soon  aa  the 
'empcraiicc  Lloyd  nas  ap]ireliond(.il 
Ibi'  pHsnn  of  Diildifovd,  nIic  this  in- 
imediulely  tvlt  her  pricking  nnd 
liiis  tn  cease  and  abate, 
lb.  That  sbe  hath  rontinuf^  KO  ever 
'   le ;  but  is  still  in  ^'nt  wcok- 


',''■■ 

liei'  saith,  Tbat  site  Iwlie^ctli  tliat 

cinpcranci'  Lloyd  bathbitMi  on  ii 

f  iluiuv  much  hurt  and  Ii:irni  un 

by  pricking  and  (nruicnlin),'  of  h 

as  b(4bre  in  this  Iift  information  si 

ftb. 

.ts  UisT,  Mayor. 

D.iiiE,  Alderman. 

D>.*,>n.  n.— Biddifonl,  u. 
nation  of  Kli7ji[>ctb  Eaatcburch,  the 
f  Tbomu  Eutt-burch  ot*  Bidditbrd, 
;  countv  aforexuiil,  gent,  taken  upon 
tlb  U-rurc  us  Tliouiaa  GIkI,  Mayor 
c  bomuifb,  toH'ii,  anil  nianoi'  id 
■inlal<iresatil,and  John  Uaiic,  Aider- 
two  of  bis  maicsly's  Juniiccs  of  tlir 
'  nltliin  tlic  ttif  Hatiie  borou^b.  *>:c. 
I  (if  July,  m  tbc  iwb  year  id'  the 

of  our  soviTeiii:n  Innl  ('Iturli  s  tin 
A,  itc.  V.  0.  lOB'J. 

I  infiirmant  upon  lier  oatli  saitli,  Tlml 
td  day  of  iliis  inttuit  July,  the  saiil 
iiniut,  tben  lodging  in  this  inliirinaiit'ii 
ind's  bouse,  anil  be«riit[;  uf  ber  tn 
if  f^t  prickiiiff  iniiis  ilk  one  of  birr 

this  infunnaiit  did  sec  ber  baid  kucc, 
ed  that  kIiv  IimI  niue  idacCN  in  bcr 
h  hai)  buea  prickt ;  and  thai  every  iif 
ricki  ivere  as  Ihough  it  bad  iKt^  (lie 
I  tbom.  Whereupon  tliis  inliirinani 
>,  npon  the  lame  w  day  of  July,  ilii) 
'  tne  M)d  TeniperMnce  IJoyd,  whe- 
ad  HIT  wax  or  rlay  in  t)ie  form  of 
wbaMT  she  hud  pricked  and  tor- 
1  Hid  Cmce Thomas? 
UA  tbe  nid  l^perance  tnadv  nn- 
lAe'tAdnviraznor  cby,  but  coa- 
•  bad  only  a  piece  uf  leaiher 


Tb*  liiftiniiation  of  Anne  Wak^lv,  the  wife 

of  IVIUiaiu  Wakdy,  of  liidifiloi-d,  in  the 

enunly  ativreEaid,  husband  man,  takt-u  the 

3il  day  of  July,  l.  d.  ItiUS. 

The  mid  iofurmant  upon hir  oath  saitli.  That 

sjion  the  adJay  of  July,  instant,  she  this  de- 

IKment,  by  nnier  of  the  sui.l  31r.  Mayor,  did 

learch  the  boily  of  tlics^udTenipcraiue  Lloyd, 

in  the  presence  of  Honor  Ho«|>er,  and  si^eral 

oilier  women. 

And  upon  search  of  her  said  iHNly,  she  (his  in- 
brmant  did  find  in  her  secret  [larts,  two  teat* 
hanging  ni-rb  toi^lher  like  unlo  a  pine  of  flesli 
that  B  chiliriiad  miekt.  And  that  each  of  th« 
laid  teals  was  about  an  inch  in  length.  Upon 
Hhich  this  intbrmant  did  demand  of  her,  the 
taiA  Tenipeiance,  Hhetbrr  she  lind  been  sucked 
It  Ihul  place  liy  the  black  man  ?  ([iiiiaiiini;  the 
Uetil.) 

Khcn^imlo  the  said  Tem|«rancc  did  ac- 
knowlcilge,  lliat  she  had  been  sucked  tliera 
uftttn  liimai  by  the  black  man  ;  and  the  last 
time  that  she  was  sucked  by  tlie  said  hhick 
man,  wan  the  Friday  btfore  she  was  searched, 
(uhich  was  the  30th  day  of  June  last  past) 

And  this  intbrmant  further  sailji,  I'hat  she 
bath  l>een  an  attendant  of  the  aaid  Urarc  Tho- 
mas nbuut  six  weeks  now  last  past :  And  tliat 
on  Thursday  now  last  past  (which  was  the  awh 
of  June  tan  pntit)  in  the  mominff,  die,  this  in- 
formant -dill  see  somctliiiqf  in  the  shape  of  a 
magpie,  to  come  at  the  clianiber- window  where 
the  hniil  Grace  Thomas  did  lodge.  Upon  which 
this  inliirmant  did  demaud  of  tlie  said  Tern- 
Lb^yd,  ivbether  she  diil  kooi*  of  any 
9»iie  anil  Uultpr  at  tliesaid  window. 
T.biuh  <[UeNtiou  the  Esid  Temperance 
did  then  say,  that  it  waa  the  black  man  in  tlie 
sliapc  of  tlie  InhI  ;  and  that  hIic  the  said  Tem- 
iierince,  was  at  lliat  time  down  by  the  said 
rhomas  Eastchurch's  door  of  Ibi;  liouse.  where 
Ibe  said  Grace  Thomas  did  lod^. 
TiionAH  Gist,  Slayor. 
John  Davie,  AUennun. 

The  like  is  deposed  by  Ilonin-  Hooper,  met- 
vant  unto  the  said  Hioniu  Kastchurch,  as  ap- 
pears by  Ijit  iiifbrmatioD,  takou  upon  her  oath 
the  day  and  year  sdMne^ttid,  before  the  said 
Thoiiiua  Gist  flavor,  aud  John  Davie  Abler- 
man,  two  of  liLi  in^esty'ii  Justices  of  tba 
Peace,  within  the  borough,  town,  and  manor 
uf  Diddiford. 


Temperance  Llojd,  her  Eiamimtlou  taken  tde 
;ld  day  of  July,  in  Ihe  3«th  year  uf  the 
ni-m  oT  our  sovereifcn  lord  CharlM  lAa 
KK'cund,  by  Ihe  grace  of  God,  uf  Eughnd. 
Scotland,  nance  and  Ireland, kiiMvd*- 
ftnder  of  ib«  FUlh,  itc.  before  usT""" 
muOitt,  M^nr^f  the  borougii.  '^'• 


b^lo 


^^h; 


>3]      STATE  TRIALS,  34  Chablis  11.  ]6i^,—Precfed!tgt  agahal  (It     (11 

Anil  sailh  and  confcKMlb.  thai  lAir  ihipa 
iiiidt  hiiil  ttlmoKl  (Irawn  \icr  uut  of  twr ) 
purpute  to  pill  lier  the  Kkid  ( 


■nil  msiinr  of  Bicldifoi-il  afbresaiil,  »D(I 
Julin  Dui-ie,  Alderman,  two  of  his  Ma- 
i<M\  'n  Juslices  uf  the  Peace  ifilhin  the 
tmae  liorouirli,  ^Vc. 

Tlie  Htid  iufonoant  being  brouglit  before  us 
Iiy  some  i-onstabit^  oC  tiie  Ksiit  bgrough,  iinon 
ifie  Piiriplaint  of  T}i"»nvs  Kasttburt'li  of  Bid- 
MVint  atttrvaiit,  ij;enl.  aiid  rtiat^ed  uponsus- 
pMnaaf  baviii;r  iined  soniMn8;;i<'sl  art,  Mr- 
cwy,  or  iiit<^i'-rat(,  upnii  Ihe  bodj'  of  Gnu'e 
Thutiiaa  of  RiilUifori]  atiirrsaid  spinster  ;  and 
la  have  had  (liscitni-M;  or  furuiliarily  wilh  the 
Deril  in  ttie  sliaiic  of  a  black  man :  Aul  bein^ 
AMMUjd«<1  hotr  lone  Kincc  she  liiul  iliicuurse  or 
^unitiarily  wilh  tte  Uevil  in  the  likeoen  or 
■hum  of  a  black  imn, 

HMtb,  ThataboiiiilieSOth  day  of  Septem- 
ber la.it  pan,  iilie  uibI  with  the  Dtnil  in  the 
RhiiW  ar  lik^iiesH  of  a  blaok  niun,  nbiiul  the 
tnindk  i>f  the  aAernoon  of  (bat  day.  in  a  cer- 
tain atrtvl  or  lane  in  ihf  town  of  Birtilifnrd 
aiiireMid.  rulled  Hiulii'rflimslonp  liine;  Am) 
llirn  and  there  he  did  teni|ii  and  sollche  her  t'l 
KO  with  to  the  boutw  of  the  said  Thotaiu 
Kabtditirch,  to  lor:npiit  the  bodv  of  the  said 
Chuee  Tbantas ;  wliicli  this  exaoimant  a(  first 
tiid  fi 

ndpermanui 
tWM  (rf  a  bladt  mail  an  (Lforewtid.  She  did  ga  t-i 
tit*  booK  Vf  the  aaid  Thomaa  EaKehurch,  and 
AUabenent  np  the  itairi  after  the  said  faUek 
man  ;  atid  roiBfeswtb.  tbat  l)oth  of  tltem  "cnl 
up  into  ill*  olinmlier  wlicre  she  ihi.*  said  linicf  I 
lliouias  wu!!,  anil  llmt  ihere  tbev  t'uiind  one 
Aline  W'afcely  the  H-itc  of  Williatn  Wakely  of 
Biddili)rd,  rubbing  and  aii'oking  one  of  the 
arml  of  the  auid  tJran  Thomas. 

And  the  said  I'tuminaot  doth  fnrthm' contc'iS, 
Thai  she  did  theii  and  there  piiidi  wiihtheuails 
of  her  fliig*rt  thi'  said  liraeo  l^einas  in  lier 
dionldert,  aims,  thighs  and  \^ga;  and  that 
aAornardt  they  canit-  down  t'rum  the  said 
firacv  Tlimnas,  her  chamber  into  the  street  to- 
gvtlHr ;  and  that  Ihi^i-e  this  examinant  did  «,v 
somethjug  in  the  fiirm  or  shajie  at'  a  grey  or 
braget  cat ;  and  suiib  that  the  aaid  cat  nutit 
into  ihe  said  Tlioinus  Easlchurcli's  !)hop. 

The  ijsid  exHiniuant,  being  fiitilicr  demand- 
«it,  whether  she  went  aay  more  onto  the  said 
Thomas   Eastdiurch's   house,  saith  and  aii\^ 


aiblf,  and  iius  not  sieen  by  any  person;  but 
tberelbiteKamiiiHntitid  mecIiiiLh  thehra^tr^t 
aaaforesaid;  ami  the  said  eat  did  retire  aiid  Imp 
back  into  ihf*  said  Thomas  Eastrhurch'a  shop. 
The  anid  ckainiuaat,  b^ngfunher  denianded 
when  xhe  was  atlbetaid  Thninas  Enatehiircli's 
house  the  kit  time,  saitl],  thai  <he  wiLi  atUit' 
■aid  Mr.  Uaiitchurch'ii  hoosc  nuon  Kriilay  tlir 
:)(>lh  day  of  Juue  la»t  past  ;  aoil.lkid  ibe  Devil 
iu  tlie  shape  of  a  black  man  was  then!  with 
tier :  And  liiat  tliey  wciii  up  at^u  into  tbt:  ssid 
-'—"'—  where  she  r»un  J  the  sail  UraceTbii- 


lyiiw  iti  bcr  ImhI 
vuliabodtng 


HpWUhabndtc 


_      liiub,   Nbe  this 
black  autu  (lid  tonueiit  bee  again : 


ofh< 

And  furtbiv  saith,  that  the  black  a 
rattier  tb«  Utnil)  did  prw 
ihaliiooue  abaiihl  disc^ei  ixu.  . 

And  furlfatT  onDf(«*nh,  that  the  Ktid  IU 
man  (or  rathertbe  Deiil,  as  aftucaaidjdldiaS 
lier  team  which  she  now  bulb  in  bn  Mf 
paria ;  And  tlial  >hc  did  kneel  down  to  hi»*  I 
the  street,  aa  •.be  was  reUiTUiug  to  bam | 
huiiae,  and  aftrr  that  they  had  tomMBldfl^j 
said  Grace  Tlkunuu  in  iniuiner  as  last  itin ' 

Being  defflandi-d  of  wlial  Matun  Hietii. 
bbtck  null  n*aa,  laith,  tbni  be  was  ahtulib 
length  of  her  ami ;  Aud  tliut  his  ^  n  mm 
tu-^  bie;  and  that  hr  hnpt  uc  leajn  in  Uwaif 
betore  her,  anil  allcrwank  did  Biu-k  Iih-mb 
as  she  n  as  lying  down ;  and  thai  hia  su^av 
was  Willi  a  grout  |«iD  uulo  hvr,  and  BltcraiA 
vanished  clraranay  out  nt'  h'.i  sight. 

Tliis  exaininant  doth  liinher  i-nnftss.  lb 
U}K>n  the  1st  day  of  Juue  lost  past,  whilaAt 
said  Mr.  EaslcUurch  and  his  wife  irrrrrinW. 
tliat  the  siiid  examiuaat  did  pinch  and  |>iA 
the  said  Grace  Thomas  (with  the  aid  ami  hlf 
of  the  black  inan,  or  rather  ihv  I>aTil)ialf 
belly,  Biotnaeh, and  bren<it;  and  that  llicy** 
tinned  so  tormeoling  of  ber  about  ibr  iftwe  tf 
two  or  ihrrt  huiir«,  »'ith  an  ioU-iit  lu  bin 
Uitledliur. 

And  fiiriber  saitb,  that atthcaatn^timedv 
did  see  llie  s.iiil  Anne  >Vak^ly  nibbing  ^ 
chafing' of  sevKTal  parts  of  the  said  Grac^h- 
maR  her  bwly :  AMiough  the  aaid  Anne  Vilc- 
I^V,  bving  prexpiit  at  taking  of  this  exaam- 
tiiin,  dnih  aAirm  thai  she  did  not  aeetiiewl 
cxaroinanl. 

TiiowM  Gist,  Mayor. 
Joll^  l>*iiK,  AMcrman. 


-Biddifbrd  k 


mieread  the  said  Tetnocrance  LJoyd  halbmall 

such  an  amjtle  Coufcs.'iion  and  Dcdait' 

tiou  cuiiceming  Ibe  said  Grace  Tlif, 

we  the  said  Mayor  and  Justices  *ae» 

diictHl  tridenmnd  of  her  soinc  other  ima- 

liuns  concerning   iHlier  witcheries  WW* 

she  had  practissd  upon  the  bcnliua  ot'MR- 

ral  other  penoiiK  itithin  diia  town,  vit. 

Sbo  tlie  anld  eaaiitinaat  did   confes,  llui 

about  Uie  Uth  day  ofMarub.  >--bi  h  wasindv 

year  of  our  Lord   I6I0.  she  was  accuitd,  n- 

dieted,  and  amigued,  for  iiractiain^  wiichcnfi 

upon  thi:  body  i>t; one  ^Viiriam  Herbert  iUe«f 

llidditiiril  aforesaid,  husbuadman :  and  ibal  il- 

thuiigh  al  the  trial  of  her  life  at  the  vasifd 

Exeter,  she  was  there  acquitted  by  the  judge 

aod  jury  then  ;  ytl  this  eiiLitiiaaot  diitJiiiv* 

cunleas,  tiiat  she  is  guilty  Ihen^f,  by  tlie  ptf- 

auasion  of  tlie  black  man  ;    and   tbut  she  d<l 

prick  ttie  said  William  Herbert  uatu  dealiu 

Tmom^GibI',  Mayor, 

loan  Di-ta,  Alilerman- 


STATE  TRIALS,  34  Cha«LK«  II.  iSSi^nrf  Detmt  JFHcka. 
Dnon.  fi.— Biddilbrd,  u. 


[1025 


I  upon  OT  abont  the  ISlli  of 
irliich  wu  in  the  year  tif  our  IiOrd  l<i79, 
41  ucuted  befure  the  then  MB.yor  uu) 
n  of  the  toim  of  Diddifnrd  aforesaiil,  fur 
line  nilcbcrafl  upon  the  body  of  one 
Fellow  the  ilau^tpr  of  Edtvaril  Frllun  of 
ird,  gvnt.  And  althouRli  her  body  wu 
»Tcfaed  bv  four  wonien  nftbe  towo  of 
Kil  aforesaid,  and  tlic  proofs  ilicu  aiptiost 
t  M  i;lear  .ind  canipkiiouEi,  the  said  Mr. 
'  dH  not  fiirtber  proseciile  niyaiust  her; 
iczjiumant>lothootT  confess  that  the  said 
mu  or  Ueril,  (or  som-j  nihtr  black  maa 
illwiihhcr  this  uid  eiaininanl,  did  do 
lodily  hurl  to  the  Mid  Anne  Fellow,  And 
leieunon  the  said  Anue  Fellow  did  shait- 
and  depurt  (hi*  life. 
HOXAs  Gist,  MayvT, 
DHv  Davie,  Aldemuu. 


— Biddiford,  u 


(TMs  we,  ThomM  Eastrhureh  and  Eliia- 
attchurch  hiM  wife,  MoDor  Hooper,  and 
IVakely,  upon  yesterday,  which  was  the 
uiv,  Ifiea,  did  ifite  in  and  deliver  nur  le- 
nnimaiiona  upon  our  oath*,  before  out 
bdat«  Thomaa  Gist,  Mayor  of  the  bu- 
lovn,  and  manor  of  Biddiford  aforesaid, 
bn  Davie  alderman,  two  of  hii  majesty's 
«  of  the  Peace  within  the  said  borouf  h, 
Kddifard,  against  Temperance  Lloyd  of 
itdafbreiiaid,  widow,  for  u^ing  and  prac- 
if  witchcraft  upon  the  bo<1y  of  Grace 
i*<rf'tbe  ume  town,  spinsttn',  as  by  our 
« it  doth  and  may  appear. 
—    -  dissatisfied 


1  Taupertnce  had  confessed  of 
itihrth  EMtcboreh,  in  ancb  manner  m  is 
oed  indwniil  EhMbelh  Eaatchurch's 
latiM,  and  we  conceiving  that  there 
MMmeini^iantnieiit  uaedin  Br  about  the 
ihcr  :tlierefbi«iipon  this  present  4th  day 
,  we,  inth  the  leave  and  approbatinn  of 
i  Mr  Gift  (he  Mayor,  did  bnug  the  taid 
i^Mc  into  the  puifh  church  onliddirord 
<iBlbe|ireKneeorMr.  Michael  Otplb; 
if  the  aame  pariah -church,  and  ihven 
MMNM,  where  the  said  Tempenmce  was 
M  hy  the  taid  Mr.  Ogilby  how  ion^ 
le  Devil  did  Innpt  her  to  do  evil. 
myon  ibe  the  said  Temperance  did 
i  cMileaa,  tliat  alwot  twelve  years  ago 
'  ttanMed  h«  (bo  Devil  to  be  iiwtnuneirial 
iMkofWUliun  Herbert  named  in  bet 

kt  the  Devil  did  pnmiie  her  that  she 
live  well  and  do  well.  And  ihe  did 
m  OHifea*  (hat  she  was  thereupon  au 
Ml  of  the  death  of  the  said  nilliam 
L 

■  10  the  Mid  Grace  Thomu,  she  fur- 
id  Bd  eratcaaed,  that  od  Friday  was 
flhti  (which  waa  the  «3d  day  of  June 

iictta-'^'" — 

Till. 


the  Mid  Thomas  Eastuhurch's  sliop  in  the  form 
and  shape  of  a  cat ;  and  tetcht  out  of  the  aaoiB 
sbn|>  a  puppet  or  picture,  (commonly  called  a 
cliilJ'a  baby)  and  that  she  larried  the  come  up 
JTiln  the  chamber  whers  the  said  Grace  Thomaa 
did  lodge,  and  leJl  it  about  tlic  bed  whereon  the 
sau\  Grace  Thomas  did  lie ;  but  would  not  con- 
li:£s  that  she  had  prickl  any  pins  in  the  said 
pupfKt  or  baby-picture,  alllinu^b  khe  wnre  de- 
manded particulwly  that  question  by  the  aaiil 
Mr.  <»gilby. 

Also  ilic  sajd  Tetnperafice  did  then  and  there 
couless,  tliat  slie  was  the  cause  of  thu  death  of 
Anae  Fellow,  thedauf|;hter  of  Edward  Felhtw 
nniiied  in  her  said  examination. 

Also  she  did  then  and  there  confess,  That 
she  was  the  cause  of  the  death  of  one  Jane 
DiLVya  thehOcwifeofKynionllallyn  of  Bid- 
dlfurd,  mariner,  by  pricking  of  her  in  one  of 
her  eves,  which  she  did  so  secretly  perfono, 
ibatshe  was  never  discovered  or  punished  for 
me  same. 

Also  the  said  Temperance  Lloyd  did  confess 
and  declare,  that  she  did  bewitch  unto  death 
ono  Lydia  Uurman  of  Biddiford  albresaid, 
t{pinBter,faecaiise  she  had  been  a  witneM  tgafaiat 
licL' the  said  Temperance  at  the  trial  for  Imt  Kfo 
Firiit  death  at  theaaaius  when  she  was  atraigned 
fur  the  death  of  the  said  William  Uethctt,  and 
ii  ad  deposed  that  the  said  Temperance  had  ap- 
pealed unto  her  in  the  shape  of  a  red  pig  at 
such  time  as  the  said  Lydia  was  brewing  in  tha 
li"U3eofone  Hiimphiy  Ackland  of  Biddifbnl 
nioreuid. 

Il«ng  further  demanded  *(rain  in  what  part 
of  thehouseoftbe^said  Mr.  Eaatchurch,  or  in 
ivtL!it  part  of  the  bed  whereon  the  said  Grace 
Tlirimas  lay,  she  left  the  puppet  or  baby-pictutw 
aliove  mentioned,  sailh,  that  ihe  would  not  nor 
lumt  nut  dincovcr ;  for  if  she  did  discover  tha 
Ksme,  that  the  devil  would  tear  her  in  iiieoi^ 
And  afterwards  the  said  Mr.  Ogilby  desired 
tlic  said  Temperance  to  say  the  Lord's  Proyee 
and  her  Creed,  which  sheunpcTfiKtly  perlbnn- 
ini;,  the  said  Mr.  Offilby  dia  give  liei 
giHti  exhortations,  and  so  departed  fr 

hi  wiLiess  whereof,  we  have 
our  hands  thja  4tli  day  of  July,  in  the  S4th  year 
oflhe  reign  of  our  sot ereign  lord  Cbarica  the 
and,  by  the  grace  of  God,  of  England,  Scotland, 
Krunce  and  InJsnd  king,  ddender  ul'tlMAulbt 
Aiii^oDum.  1GU3. 
July  4, 1C62,  sworn  before  us, 
'TuoMAi  Gl9T,  Mayor, 
Johh  Davib,  AUerman. 

Devon,  n. — Biddilurd,M. 

The  Infotraatinn  of  Thomas  Eostchurch  of 

Biddiford,  in  the  County  aforesaid,  gent. 

taken  upon  his  oath  brtbre  ua,  Thomat 

Gist,  Mayor  of  the  borough,  town,    and 

manor  of  tiiddiliHtl   sfurcMid,  and   John 

Darie,  Aldennaa,   two  of  his  msjesty's 

Justices  of  the  Peace  within  the  sauie  bo* 

rough,  &c.  tlie  3d  day  of  July,  n.  u.  lOn. 

The  said  bfoTDMDt  upon  his  oath  mtb.  That 

npuD  yetteiday,  wbigb  was  tlw  84  day  «f  July, 


^har: 


']    STATE  TRIALS,  3*  ChaRLKS  II.  l682.— Pn>cf(rffi^«  ageitut  the    iWlt 


be  did  hear  the  siiid  Tcmpprniiee  LlnvH  tosay 
»nd(»)nfeR<,  that  nb«ut  llK^SOthila^  nfSfiitwii- 
ber  liLst  pasl.  an  she  iros  relumi'ilg'  IWiia  ihe 
bakuhoiuc  iviih  a  Itiaf  of  brf  ail  under  her  arin, 
towants  her  invn  hoiiBe,  she  tbe  said  Temiler- 
moe  Uovd  did  mtet  nith  something  in  Ihe 
lifeenessDfB  black  man,  in  a  street  called  Hig-her 
Oiuislotie-Latie  nilhiti  thU  tovn,  and  tlien  aiul 
there  the  Bsi<l  black  man  did  tempi  and  per- 
Biode  her.  io  go  to  tliis  infomiMit's  house  (o 
torment  one  Grace  Thomas,  who  is  thiii  in- 
tbrmant's  sister-in-law. 

lliat  the  said  I'cmpernncc  did  fini  refuse  the 
teraptalioo,  sHving  that  the  said  Grare  Thomas 
haddoneher  nil  harm,  But  aHcrwarda,  by  ihc 
fiirtlier  persuasinn  and  tcm|itittioo  of  tbe  said 
hiaek  mso,  she  did  gotntblsinformiml'iihoiise, 
knd  that  she  ivent  up  the  stairs  ailer  the  blapk 
man :  and  ooi.fessed  that  both  of  them  went 
iniD  the  chamber  where  this  informant's  said 
Mster-in-lawnaH,  and  ttlatUien^tlicy  found  one 
Anne  Wakely,  tbu  nife  of  William  Wakcly  of 
Btdd^ird,  rid'hing  ofoue  of  tbe  arms  anil  one 
nf  Aie  1^  nf  the  said  Graee  Thomas. 

And  tius  inlbrmant  further  iiSillr,That  the  laid 
Tempenince  did  also  confess,  thai  tire  black 
Uandid pcisundc  tlic  suid Temperance lo pinch 
tbe  said  Grace  lliomas  in  the  kneis,  arms, 
lind  ahoulders;  intimating  with  ber  (inj^en 
bow  she  did  it,  AihI  that  when  shccome  down 
diesbursng^iniuintlie  atreet,  shesawa  bra- 

Ecat  go   into  ibiv   informatil's  shop  ;    and 
I  she  believed  it  to  be  the  Oerit. 
And  tliis  informant  did  hijar  the  Baid  Tem- 

rricelo  say  and  conlpwa,  that  on  Fridav-nigbt 
(luhifh  was  the  :«Hb  day  of  Juifie)  the 
Mack  man  did  inett  wiib  btr  n^ar  her  own 
itoor,  abonttm  o'clock  of  that  name  Diijbt,  and 
filcredid  aj^'oin  tempt  herlo  g-o  lo  this  infor- 
nant's  house,  and  to  make  au  end  of  tlic  said 
Gnce  Thomas. 

Wbereapon  ilie  said  Temperance  did  tpi  to 
nia  wfirTTnanl'H  bouse  »iiii  (he  said  black  man, 
•nd  ll)at  she  went  ir-lo  tbe  chauibf^  «bere  the 
•lid  Grace  Tbomas  lav. 

Ami  fui-tlicr  did  i-onfefia.  That  she  did  pinch 
Bid  prick  Hie  said  Grace  Thomas  aeain  in 
•ereral  nam  of  lier  l«.lj-,  (dedaring  wHh  both 
«f  her  hands  haw  she  did  do  it).  And  that 
thereupon  tbe  said  Grace  Thomas  did  crv  ont 
lenihly.  And  confessed  Ibat  (he  said  hlack 
IDBD  told  ber  (hut  she  sboubl  inake  an  end  of 
her  the  said  Grace  TbomBR. 

And  fnrlliir  she  the  said  Temperance  diil 
My  and  confess,  tliat  the  said  black  man 
did  praiiiL<ie  ber  tlie  said  Temuerauce  that  no 
one  shoulil  (P.s.'ovcr  ber  or  see  ner. 

Andslie  aho  cnnfi'ssed,  that  about  twdve 
O'clock  of  that  same  night  the  bhick  man  did 
■uck  her  in  the  street  in  her  secn't  ii3ns,sbc 
kneeling  down  to  hhn.  That  he  had  blackish 
clothes,,  and  was  about  thelengthof  hcrniin. 
Thai  he  bad  In-uad  eyes,  and  a  iminlb  like  a 
inkd,  and  afterwords  taoisbcd  tliiar  away  out 
of  hrrsi^lit. 

Thill  iiifiimisnt  further  sailh,  Tiial  be  beard 
iftti  Mid  Tein^iuiuice  to  (wuf«>i,  |tut  attout  the 


first  day  of  June  last  paM  the  aaid  bUdc  m 
was  will)  ber  again,  and  told  her,  that  ooihil 
night  she  tlie  said  Teniperance  shouU  m^ 
an  end  nf  the  said  G  rare  Thomas  i  and  cnn. 
fesse<l  that  she  tbe  said  Temperanco  had  ibu 
nielit  griped  the  said  Grace  Tliomu  in  h« 
belly,  stomach,  and  br«ial,  and  dipt  her  bi  ihi 

Andthatthe  said  Grace  Thomas  did  cnool 
piliddly.  And  ibat  the  said  TcmpMani  lot 
about  the  space  of  tnu  hours  tormeuting  «f  to. 
And  tliat  one  Anne  Wakcly  (with  teiend  rttx 
women)  were  then  present  in  the  dwatff, 
butcould  nut  see  herthe  said  TelDpcrmttj 
and  that  Die  black  man  Etuod  by  her  ta  tbt 
same  room  also. 

This  informant  further  sailh,  ThallMin* 
posed  that  the  said  Grace  Thomas  in  ber  aiS- 
less  had  been  alHicied  through  a  distemper «t- 
iing  from  a  natural  oiuse,  did  reimir  unID  »■ 
,~eral  physiuiaiis,  hut  thnt  she  (he  said  «■& 
could  neTer  receirc  any  benefit  prescdMH 

Tmoxu  Gist,  Mayor.  I 

John  Davie,  Alderman.  i 


Devon.  It— BiddiTord,  tt. 

Tbe  Information  of  William  Herbert,  nf  Gi>l' 

diford,    in  the  county  aforesaiil.   bbet 

smith,  taken  uikid  his  oath  the  ]!;tb  itji 

Au^st,  in  die  34th  year  of  thetww' 

our  sovereign  lord  Charles  tlic  Sccnail.  I? 

Ihe  grace  of  God,  of  Engtand,  Scodni 

France,  and  Iretniid  king,  defeniVrflflh 

faith,  Stc.  befiii'c  Thomas  Gist.  Mnnd 

the  borough,  (own,  and  manor  of  IbUi' 

ford  aforesaid,  and  John  Davie,  AUwmi. 

two  of  his  majesty's  Justices  of  tbcrr*a 

williin  the  same  liunnigh,  &c. 

Tliia  informant  U]>on  his  oatli  saith,  1^ 

near  or  upon  the  2d  day  of  Februarj,  wW 

was  iti  tbe  year  of  our  Lord  God  1GI0,  bcM 

hear  his  faiher  William  Herbert  to  declu*"* 

bis  death  bed,  that  Temperaucf-  Uoyi  of  Si- 

diford  aforesaid,    widow,   had   bewitched  W 

said  father  unio  death. 

This  informant's  lather  further  declariaya"! 
this  inlonuant,  that  he  with  the  test  ofkist*' 
lations,  sbmdd  view  lit!<  father's  body  aflB*" 
decease  ;  end  tliat  by  liis  body  they  iboaUM 
what  prints  and  marks  the  aforesaid  Tenfir' 
ance  Lloyd  had  made  upoa  his  body-  ^ 
further  sailh,  that  his  said  father  djii  bjt* 
blood  to  the  charge  of  the  said  TempcnM 
Lloyd,  and  deurM  ttiis  informant  lo  w«^ 
apprehended  for  the  same  ;  which  was  act*'* 
inglv  done:  Andsaitb,  ihat  she  was  atra" 
for  the  same,  but  that  she  was  then  acquiM  ' 
tbe  BssJKes. 

This  inRimiaot  further  saith,  Tlialupw* 
foiurth  day  of  Julv  now  last  paxi.  lie  wMd  ■ 
tlie  prison  nf  Biddiford,  where  Ibe  satdltM 
perance  was,  (she  beiug  ihen  in  the  said  fUM 
concerning  jtlrs.  Grace  Tliomas)  and  d«v 
ed  <.f  her  wlietluT  she  had  done  auy  Mfl 
hunu  01  hurt  unto  tbe  uiil  WillwD  UmM 


Oap]       STATE  TRIALS,  S4  Chablbs  It.  iGSS^Tkrft  Dntm  mteket.       [lOSO 

latmei,  this  infonnant't  late  father ;  nnto 
hich  she  uuwered  and  said,  Sorely  Williun 
did  liill  thy  father. 
Tbn  inforuiiuit  did  demand  of  her  fbrther, 


fcrtbcr  she  had  done  a: 

ydia    Bumum  late    nl    Biddiford,    spinster. 

InUi  which  the  said  Temperance  Ltoyd  on- 

mfcd  and  said,  that  she  was  the  cause  of  her 

nth. 

This  informant  demanded  of  her  the  said 
VrnpersDce,  why  she  had  not  canfessed  so 
locu  when  she  was  in  prison  fault  time  ?  She 
Mwcred,  that  her  time  was  not  expired  ;  for 
he  deril  had  gireo  her  greater  pows,  and  a 
■Oj^lime. 

And  this  informant  did  hear  the  said  Tern- 
pnance  Uoyd  to  confess,  that  she  was  the 
Mnie  of  the  death  of  Anne  Fellow  tlie  daughter 
if  Edward  Fellow  of  Biddiford,  gent.  And 
ibe  that  she  the  said  Temperance  was  the 
OtoK  of  the  bewitching  nut  of  one  of  the  eyes 
rf  Jane  the  »-ife  of  ona  Simon  Dalljn  of  Bid- 
iftri  aforesaid,  mariner. 


Thomas  Gist,  Mayor, 
John  Davie,  Alderman. 
Examined  w)^  the  origina]  whereof  this  is  a 
tat  copy.  John  Bui,  Town-Clerk. 

Devon.  M. — Biddiford,  ii. 

tWLdbnnatioat^John  BamDS,  ofBiddifonl, 

in  the  connly  aforesaid,  yeoman,   tiikcn 

upon   his   oaJ)  before  us  Thomas   Gi!>t, 

Blavar  of  the  tiorough,  ton'n,  and  manor 

of  ijiddifurd  albm>aid,  and  John  Davie, 

AUrrman,  two  of  but  majesty's  Juttices 

of  the   Peace  within  the  same  borough, 

&c.  the  18tli  day  of  July,  a.  p.  1G8Q. 

"Hie  said  infermant  upon  his  oatli  saith.  That 

pan  Easter-Tuesday,  (which  wa*  the   ictb 

n  of  H av  lost  past)  dii»  informant's  wife  nns 

Ifcen  win  'Very   great  (tains  of  sticking  and 

ricking  in  her  arms,  stomoeh,  and  Wea«t,  as 

Mogfa  ahe  had  been  stabbed  with  awls,  betng- 

I  dMcribed  unto   him  by  the  said  Urace,  in 

Kh  manner,  aa  this  inlbniiant  thouij'ht  that 

hewoald  have  died  immediately  ;  and  in  nirh 

id  aoiidilioushetlie  said  Grace  hath  continued 

■Cvtbi*  preaentday,  in  tormenting- and  griev- 

And  further  saith,  that  upon  Sunday  last, 
tieb  wa*  the  l€th  day  of  July  instant,  about 
K  €f  the  clock  in  tbrenoon,  this  ioforroaut's 
lid  wife  was  again  taken  worse  tlisn  bofun;, 
—inch  11  four  men  and  women  could  hurdK- 

Ami  atlhU  same  time,  one  Agnes  White- 
Mi,  &e  wife  of  John  Whitefield  ol  Biddiford 
hnMJd,  amlwainer,  being  in  tliis  infonuant's 
MMi^  ud  hearinff  Mmebmly  outattliedoor, 
M  ad  apen  ike  door,  nkere  she  fuund  one 
Ihj  IVoBbfes  of  Biddiford  aturcsaid,  hiiigle 
MHMi  itaiiding  with  a  wliite-pot  in  tier 
mM,  Kl  thoagh  abc  had  been  going  to  the 
■wnWwhouM.  And  tbereupuu  tliia  iii- 
MMBt'i  wife  did  aik  of  the  wid   Agocn 


Whitelicld  who  it  iras  that  was  at  the  door  T 
Unto  which  the  said  Agnes  Wliileficld  aasn  rr- 
ed  and  said,  that  it  was  Mary  Trembles.  Tlien 
this  informant's  wife  did  reply  and  said,  that 
she  llie  said  Mary  Trembles  was  one  of  them 
that  did  torment  bi>r,  and  that  she  was  come 
now  to  put  her  the  said  Uiace  out  et'  her 
Ufe. 


Devon.  «t.— Biddiford,  «. 
The  lofonnation  of  6raca  Bameathe  wife  at 
John  Barnes  of  Biddiford,  in  the  cauutT 
aforesaid,  yeoman,  taken   upon  her  oaUt 
before  Thoroas   Gist,  mayor  of  tlie  bo- 
rough, town,    and  manor  of   Biddiliinl 
aforesaid,  and  John  Davie,  AJdennan,  two 
of  his   majesty's  Justices  of  the  Peac* 
within  the  tame  borough,  tkc.  the  Sd  day 
of  August,  A.  a.  16IJ2. 
Tlie  said  informant  upon  ha   oath  tuth, 
That  she  halh  been  very  much  pained  and  tor- 
mented in  her  body  these  many  years  last  past, 
iiisoniucli  that  she  hath  sought  out  for  remedy 
far  and  near,  and  ueier  had  any  suspicion  that 
she  bad  had  any  inacical  art  or.it itchcrafl  uMd . 
upon  her  body  untd   it  was  about  a  year  and 
a  half  ago,  that  slie  was  informed  by  boom 
physicians  that  it  was  so. 

And  fiirthcr  saith.  That  thereupon  she  this 
inft>rmant  had  some  suspicion  of  one  Susanna 
Edwards  of  Biddiford  aforesaid,  widow,  be- 
cause that  she  the  said  Susanna  would  often- 
times repair  unto  this  informant's  hushaad'a 
house  uiion  frivolous  or  no  occasions  at  all. 

And  further  saitl I,  That  about  the  middle  of 
the  luonlh  of  May  last  past,  she  was  tukeii 
will)  very  grtst  pains  of  stit-luog  and  prickiaff 
in  her  anns,  breast,  and  heart,  as  thoui^u  divert, 
awls  had  liccn  prieked  or  stuL-k  into  iter  body, 
and  was  in  great  turmciitin^r  pain  for  many  daya 
and  nights  together,  with  a  very  little  *iutcr- 

And  saith.  That  upon  Sunday  the  IGth  day 
of  July  last,  she  was  token  in  a  very  grievoiu 
and  tormenting  manner ;  at  which  instant  of 
time  one  Agnes  WliitcKeld,  die  wife  of 
John  Whitctield,  of  Biddiford,  waa  In  thia 
informant's  husband's  hoiLsc,  wIm  opening 
the  diior,  and  looking  out,  found  one  Mary 
Trembles  of  Biddifiinl,  sinitle  woman,  standing 
before  the  do<ir.  And  thereunon  this  Informant 
did  ask  of  the  said  Agnes  SVhitclidd  uhii  it 
was  that  stood  at  die  door ;  ivlio  answered,' 
that  it  was  the  said  Mary  "Treinblns.  Upon 
wtiicti  this  intomiaiit  wasfulty  assured  that  the 
saiil  jtlnry  Trembler,  to);ct]iur  with  the  said 
Siuranna  Edwnrds,  wereUie  very  persons  that 
:  had  tnrmcnte<l  her,  hy  using  sonin  inngirol 
art  ur  witchcnilt  upon  her  said  body  as  aloro* 


J«S  1]    STATE  TRIALS,  3i  Cbaulbs  II.  l6i2^-^Pr6ca4aigt  egmiiui  At    [ion 

July  iDdutt,  abe  wiili  Nuy  TtcoiMm,  lai  if 
th«  help  of  llie  De>il,  diil  pncfc  aad  IiiiiimI 
Grsce  the  nife  of  JoLn  Baran  <tf  KM&4 

Ami  ifab  informuit  furlher  uiUi,  lliil  ^ 
iliJ  beiu-  llie  said  Siuanna  EdwjuiU  ukd  H«f 
Trembles  lo  nay  uiJ  ooiLtrsB,  thai  ibcy  lU  da 
present  day,  beiag  die  lisit  of  July  cbIm^ 
tunnent  anil  jirkk  brr  tbe  said  GniuBi'M 
again. 

And fiiKLer aaith, Tbal  Blwdt.|licartlKBl 
Mary  Treinblea  lo  Euy  unui  lb«  wud  Sutuu 
Kdwanis ;  Uthourogoe,  1  will  nnw  iWi* 
all ;  For  U  is  thou  that  bast  made  nw  to  k 
a  tntcb,  aod  Ibou  ari  one  tliyselt,  irfid  10}  cu^ 

Unto 


Dctoh.  h.  Biddiford  i>. 

TlMlnlbnnatiDuof  Williftm  Eitirimt*,  of  Bid- 

Mind,    in   tbe  county   albresaid,  liliick- 

■nitii,  taken  upon  his  oatb  before  lu  TfaO' 

Dun  Gisl,  Mayor  uf  the  borou^i,  tu\tn, 

md   manor  of   Bidditbnl  nforesaiil,   and 

_        John  Dai-ie,   Aklerman,  two  of  his  >I*- 

J^  jesty's  Justice  of  the  Peace  within  the 

^B'MinV  borou|rh,  fee,  the  latb  dsyofJuly, 

^■*  «.0.  10B3. 

*  ^Hie  said  jnfomuDt  apon  his  oatb  siiitb.That 
njHin  the  17lh  day  of  July  instant  tbiBinlunuanl 
dldheaitJutanoA  Gdwsnis  to  trunfe^,  ihal  the 
I>ctU  had  canial  knowledge  of  Iier  body ;  and 
fbU  he  bad  Kiicked  ber  lu  ber  breast  and  in 
Iter  secret  parts. 

And  further  saitb,  Thru  be  did  bear  bcr  the 
«atdSusamia  (o  say,  that  the  tail  one  Mary 
1V«mblesof  BidrlifunUfbresald,  single  wonian, 
did  appear  band  in  hand  invi^iLle  in  John 
Banita's  bouse  of  Biddifonl  aforesaid,  where 
Grace  the  <rjfe  of  the  saiil  John  Bai-nea  did  lie 
■a  a  Tery  sad  comhtlon. 

And  fuitlier  eailh.  That  he  did  then  also  bffa 
Ae  said  Susanna  to  aay,  that  she  and  the  said 


MwyTrembfej 
KB  Old  «f  bertb 


Mtlisltj] 


liertbEKaid  Grace  Barnes. 


Devon.  sj.Eiddiford.ji. 
The  Informalionof  Ji)«n  Jnnes,  the  wife  of 
Anthony  Junes  of  Biddiford,  In  the  county 
•foresaid,  busbandnian,  tnken  npon  her 
■HXtb  belore  ua,  Thomas  Gisl,  Mayor,  and 
John  Davie,  Alderman,  the  IBlh  day  gf 
July,  A.  o.  168a. 

Tbesaid informant  upon  her  oalhsailh,  Tliat 
upon  tbe  18th  day  of  July  instaiii,  she  this  in- 
formant beioiiprrsent  wilh  Susanna  Edwards 
of  Biddiford  afiireraid  widow,  there  came  in  to 
see  the  said  Susanna  one  John  Dunning  of 
Great  Torrington,  which  said  John  Dunning- 
this  informant  did  hear  him  to  deraand  of  the 
Baid  8u!<anna  Edwards  how  and  by  what  mesas 
she  became  a  wiich. 

Unlo  which  queslion  the  said  Susanna  did 
answer,  that  shu  did  never  confess  afore  now, 
bat  now  she  would. 

And  further  saitb,  that  she  did  hear  the  Kaid 
Susanna  Edwards  tu  eoafess  unto  Ibc  said  John 
Dunning,  thai  she  was  on  a  time  out  ^atherinf 
Of  wood,  at  which  time  the  sai<l  Susnuna  Ed- 
wards did  see  a  gentleman  to  draw  nigb  unto 
uer ;  whereu[iou  she  was  iu  good  hopes  lu  hare 
■pwce  of  money  of  him. 
/Thi*  informant  further  eaith,  that  Ibe  said 
John  Dunning  did  demand  of  her  tbe  said  Su- 
ranna,  where  the  did  meet  with  llie  said  gen- 
tleman ;  she  the  said  Susanna  did  answer,  that 
it  was  in  Parsona^  Close.  And  fiirther  saitli, 
That  Bt\«r  tbe  said  John  Dunning  was  gone, 
(big  informant  did  hear  the  said  Susanna  Ed- 
wirJB  to  GOiifes«,  tbat  oq  Suad«y  the  itiih  of 


r^ 


And  funlier  saitb.  That  the  said  SmM 
Edwards  did  say  and  confess,  ihu  tlimifHii 
ollentimes  carry  about  ber  spirit. 

And  further  saitb,  Thai  she  did  hearllKHt 
Susanna  lo  uay  and  further  oonfa«,  tlial  litrti 
prick  and  torment  one  Dorciu  Culcmao  tbi 
wife  of  JuUa  Coleman  of  Bidditurd  aforiij 


Edwanb  to  Qooteu,  that  ibcvM 

sucked  in  her  breast  aeierd  tiniM  by  ikadn) 
ualbe  shape  of  a  boy  Irin^by  her  m  tfaebd; 
and  that  it  was  very  cil.l  u/ito  htr.  And  (at- 
IhL-[  balth,  timt  altei  sbi.-  nas  buck<>d  bj  bin, 
thcsaid  boy  or  devil  had  tlie  carnal  knomedgs 
of  her  body  four  several  times. 

And  this  informaoi  furlher  saith,  HkstW 
husband  Anthony  Jones,  ohscrring  hertbeail 
Susanna  to  gripo  and  twinkle  her  hanik  tmta 
her  own  b«dy,  said  unlo  ber.  Thou  Denl,  IM 
art  now  tonocmiDg  some  person  or  olbn 
Whereupon  ibe  said  Sosanok  was  diqploM^ 
with  him,  BDd  said,  Well  enough,  1  wilJSl 
thee;  And  atlbat  present  time  ibe  sud  Qnet 
Barnes  was  in  gi-ecl  pain  with  prickii^uA 
stabbings  unlo  ber  heart,  a»  abe  did  aflerwaiii 

This  inforaiant  fuHher  saitb,  That  oneofth 
constables  and  ber  said  husband,  nith  aoM 
otbers,  were  sent  by  Mr.  Mayor  to  bdne  >h 
said  Grace  Barnes  unto  toe  town-balJ  •' 
Biddiiord  aforesaid ;  which  they  did  k- 
coidinjrly  do;  and  immediately,  aasoonatb 
witbotliers  had  led  sod  with  muck  ado  bnnvb 
the  said  Grace  Bamec  into  tbe  town-hall.tft 
the  said  Susanna  Edn-ards  turned  about  arf 
looked  upou  ber  said  husband,  and  tixt^wilk 
tiiis  infunoanl's  said  husband  was  taken  in  t 
*ery  sad  condition  at  be  was  leading  and  i^ 
porting  the  said  Grace  Barnes  tip  the  stain  «f 
the  said  town-hallbeliTe  the  nud  MajtniBd 
Justices;  insoniucb  that  be  cried  out,  Wife, 
1  am  now  bewitched  by  this  DerU,  neaBBg 
Susanna  Edwards ;  and  lunhwilb  leapt  at 
ipered  like  a  madman,  and   fell   i      '   ' 


quivering,  and  foarolng,  and  lay  for  ibe  spam  rf 
Like  a  dying  ordnd  niu.    JM 


haii  aaUw) 


033]       STATE  TRIALS,  34  CflABtES  11.  l6&2.— 37bYe  Devmi  WUcka.      [10S4 

cnft,  said  and  confirased,  that  about  three 
yean  last  paat,  one  Susanna  Edwards  of  Bid- 
difbrd  aforesaid  widow,  did  inform  her,  that  if 
she  would  do  as  she  the  said  Susanna  did,  thai 
this  ezanunant  should  do  very  weU.  Where* 
upon  this  examinant  did  yield  |unto  the  said 
Susanna  Edwards,  and  said  that  she  wouM  do 
as  the  said  Susanna  difl. 

And  this  exanninant  further  confesseth ,  That 
the  said  Susanna  Ednards  did  promise  that 
this  examinant  should  neither  want  for  money, 
meat,  drink,  nor  clothes. 

And  further  confesseth,  That  ailer  that  she 
had  made  this  bamhi  with  the  said  Susanna 
Edwards,  that  theDeyil  in  the  shape  of  a  lion 
(as  she  oonoeifed)  did  come  to  this  examinant. 
and  lay  with  her,  and  had  carnal  knowledge  or 
her  body.  And  that  after  the  Devil  had  had 
knowledge  of  her  body,  that  he  did  suck  her  in 
her  secret  parts,  and  that  his  sucking  fi  as  so 
hard,  which  caused  her  to  cry  out  for  the  pain 
thereof. 

And  further  confesseth.  That  ou  Tuesday  in 
Easter- week,  which  was  the  18th  day  of  May 
last  past,  she  this  examinant  did  go  about  the 
town  of  Biddiford  to  be^  some  bread,  and  in 
her  wslk  she  did  meet  with  the  said  Susanna 
Edwards,  who  asked  for  this  examinant  where 
she  had  been.  Unto  whom  this  examinant  an- 
swered, that  she  had  been  about  the  town,  and 
had  begged  some  meat,  but  could  get  none. 
Whereupon  this  examinant  together  with  the 
said  Susanna  Edwards,  did  go  to  the  said  John 
Barnes's  house,  in  hope  that  there  they  should 
have  some  meat.  But  the  said  John  Barnes 
not  beine  within  his  house,  they  could  get  no 
meat  or  bread,  being  denied  by  the  said  Uraoe 
Barnes  and  her  servant,  who  would  not  give 
them  any  meat.  Whereupon  the  said  Susanna 
Edwards  and  this  informant  went  away  from 
the  said  John  Barnes  his  house.  And  afterwards 
on  the  same  day  the  said  Susanna  Edwards 
did  bid  this  examinant  to  go  to  tiie  said  John 
Barnes  his  house  again  for  a  farthing^s  worth 
of  tobacco.  Whereupon  this  said  examinant 
did  go,  but  could  not  nave  any  ;  whereof  this 
examinant  did  acquaint  the  said  Susanna  Ed- 
wards, who  then  said  that  it  should  be  belter 
for  her  the  said  Grace  if  that  she  had  let  this 
said  examinant  to  have  had  some  tobacco. 

And  further  confesseth,  That  on  the  16  thday 
of  this  instant  month  of  July,  she  this  exami- 
nant, with  the  said  Susanna,  did  ^  to  the  said 
John  Barnes  his  house  in  Biddiford  ai'oresaid, 
and  went  at  the  fore-door  invisibly  into  the 
room,  where  they  did  pinch  and  prick  the  said 
Graces  Barnes  almost  unto  death  ;  and  that 
she  saw  the  said  John  Barnes  in  bed  with  hif 
wife  on  the  iunersideof  the  bed. 

The  said  examinant  being  further  demanded 
how  many  times  the  Devil  had  had  the  carnal 
knowledge  of  her  body  besides  the  time  above 
mentionra ;  shesaith  and  confesseth.  That  the 
Devil  luUh  had  the  carnal  knowledge  of  her 
body  three  other  tiroes  ;  and  that  tlic  last  of 
the  said  three  times  was  upon  the  said  16th 
day  of  July  aa  sIm  was  going  towards   tlia 


t  length,  oonbiff  to  his  Mnsas  again,  her  said 
Hsbaaddid  dacnre  unto  diis  informant,  that 
he  sudSunana  Edwards  had  bewitched  him. 
And  this  ialfannaBt  further  saith,That  she 
U  Mvcr  kaoffv  her  nid  husband  Anthony 
Immm  to  he  taken  in  any  fits  or  convulskms, 
ivt  ayaou  of  a  sound  and  healthy  boily  ever 
Me  ae  had  been  this  informant's  husband. 

TaoMAS  Gist,  Mayor. 

JoHii  Davie,  Aldennan. 

Devon,  ti.— Biddiford  sr. 

Ihe  Information  of  Anthony  Jones  of  Biddi- 
ford, in  the  county  aforesaid,  husbandman, 
taken  upon  his  oath  before  us  Thomas 
Gist,  Ma^'or  of  the  borough,  town,  and 
ttianor  of^  Biddiford  aforesaid,  and  John 
Aavie,  Alderman,  two  of  his  majesty's 
Justices  of  the  Peace  within  the  same 
Borough,  &ec.  the  19th  day  of  July.  a.  d. 
1C89. 

Tlie  said  infbrmant  upon  this  oath  saith,  That 
Mterday  whilst  the  said  Susanna  Edwards 
is  in  the  town-hail  of  Biddiford  concerning 
le  aakl  Grace  Barnes,  he  did  observe  the  said 
waanna  to  gripe  and  twinkle  her  hands  upon 
cr  own  body,  m  and  unusual  manner  :  where- 
MB  this  informant  did  say  unto  her,  thou 
kril,  thou  art  now  tormentiiur  some  person  or 
ftcr.  ^  Whereupon  the  said  Susanna  was  dis- 
with  this  Informant,  and  said.  Well 
t,  I  win  fit  thee.  And  of  that  present 
tlie  said  Grace  Barnes  was  in  great  pains 
>ilh  prickings  and  stabbings  unto  her  hesirt,  as 
k  aaid  Grace  did  afWrwards  affirm. 

Iliia  Infonnant  further  saith,  That  one  of  the 
■HliUfla  and  he,  with  some  others,  being  sent 
hvtlie  order  of  BIr.  Mayor  to  bring  the  said 
jneantDtha  town -hall  of  Biddifordafbresaid; 
■■Mdialdy^oooii  as  they  had  brou^fht  tlio  said 
flnea  unto  the  toiwn-hall,  she  the  saul  Susanna 
iBied  alMmt  and  kMked  upon  this  infonnant, 
■iftithwith  thb  infbrmaat  was  taken  in  a  very 
■iesoditioo  aa  he  was  coming  up  the  stairs  of 
Ae  ssid  town-hall  before  the  Majror  and 
'■lioci ;  insomuch  that  he  cried  out,  Wife  I 
M  urn  bewUcUed  by  this  devil  Susanna^  £d- 


'AioiiAa  Gut,  Mayor. 
John  Davis,  Aldennan. 

Devon.  It.— "Biddifbrd, «. 

IkEsanihiataon  of  Mary  Trembles  of  Kddi- 
ferd  in  the  county  aforesaid,  single  woman, 
taken  before  Thomas  Gist,  Mayor  of  the 
boraogh.  town,  and  manor  of  Biddiford, 
aftraai^  and  John  Davie,  Alderman,  two 
olliia  migeaty 's  Justices  of  the  Peace  withm 
tte  aune  borough,  &c.  the  18th  day  of 
Jnfyi  A.  D.  1683. 

1W  nid  anuninant  being  brought  bcforeus, 
lii  acenied  for  practising  of  witchcraft  upon 
kabady  of  Grace  Barnes  the  vnfe  of  John 
'  of  Biddiford  aforesaid  yaoman,  was  de- 
ly  wfatw  kingahehad  practised  witch- 


^^RW.' 


15]  STATE  TRIALS,  34  CHARtES  M.  IGSO.—Prefatlinfft 
hikehmiM.  And  that  at  that  lime 
•he,  nitli  the  help  nf  the  DenI,  w/>ul<l  haic 
kille>l  tlic  said  Grace  Barnes,  if  that  nhe  the 
•sill  rtnminnnl  had  nut  tpilt  some  of  (he  meat 
■he  vnm  lliea  carryiug  uato  the  said  Uoke- 
boiue. 

THOM..5  r.KT,  Major. 
i£,  Alderman, 


Ji 


Idiliford,  m. 


le  Examinatian  nf  SiisaDiia  EdwariborBid- 
dilbrd  afin-esaid,  id  the  county  albresaiil, 
widinr,  taken  the  loth  day  otJuiy,  a.  o. 


I 

^^^y  *nic  Mid  eK^minaot  heing  brmisjlit  before  ns, 
^Knd  Bccuited  for  pnicliHing  of  witcliPrnft  upon 
dieboilj  nf  Grace  Barnes,  the  wife  of  John 
B«rnc»  of  Diildifnrd  sfureMJd  veoman,  was  de- 
manded by  tis  how  lonff  since  slie  had  ilLseniirte 
«n-<kmilianly  with  the  Devi] ;  Baitli,  Tliat^Hinl 
two  years  aizo  she  did  meet  witli  a  g^ntleranu 
in  a  tieldcalJedthePaTBonageCluBeiiillie  toun 
of  Biddifonl.  And  aaith  that  his  appnrel  was 
M  itl'hlack.  Upon  whidi  she  did  hope  to  have 
a  piece  of  money  of  hiiii.  Wherenpoii  the  gen- 
tleman drauinfir  near  unto  this  examiDaDt,  she 
did  mnkea  curchyorcourtMy  unto  liini,  assiie 
did  Dse  BO  lo  ilo  to  gentlemen. 

U(Jn^  demaaded  what  and  ivlm  Iheg^vtle- 
tBan  she  sjiake  of  niis,  llie  said  exomioant 
UsW-ered  and  aaid.  That  if  na^the  l>eril. 

ADdcuuftsseil,  That  the  Devil  didaskofUer 
whether  she  nas  a  poor  noman  7  unto 
whom  slic  niisnered  that  she  ;*us  a  nuor 
fromsu ;  and  tliut  thereupon  the  Deiil  In 
the  Bliupe  of  tlie  g<»)Ilcmaii  diil  say  unto 
her,  that  if  Ibis  exnmioaiit  ivniild  grnul 
bim  one  requent  that  she  sltould  neither  want 
for  meat,  drink,  nor  elolfaes :  whcieiipon  this 
examiuant  did  sny  unto  the  said  c^itltmau, 
(orratlier  tiie  IJ^vil)  In  the  name  of  liml,  what , 
u it  that  1  shall  haie?  Upon  which  the  said 
gentleman  vniiinhl.'d  clear  awav  t'roiii  her. 

And  fiirthiT  ronl^etb,  Tlial  allemards 
there  was  Boinelbiii!;  in  the  shape  of  a  liule  boy 
which  shu  Ihinks  to  he  the  Uevil,  caioo  Into 
her  bouse  and  did  lie  with  her  and  Iliat  he  did 
■uck  lier  at  her  breast. 

And  coDfebselh,  that  she  did  aAenvsnls  meet 
lum  in  a  place  called  t^lam bridge-lane  in  this 
pariih  of  Biddiford,  leading  towai^g  Ahbotisham 
(wbich  is  the  next  parish  on  the  west  of  Bid- 
ditbrd  atiireaaid)  ivliere  he  did  suck  hlood  out 
Af  her  breast. 

And  further  confesscth  that  on  Sunday, 
whi<^  was  the  lOlh  day  of  July  inslant,  Elie 
this  exam  bant,  ti)f:;ether  with  Wary  Trembles 
of  Biddilijrd  aforejiaid,  siugle  woman,  did  go 
unto  the  house  of  Jonn  Barnes  of  Biildifurd 
■foresaid,  jeonuui,  and  that  nobody  did  sec 
them  ;  and  that  ihey  were  in  (he  rnrae  room 
where  Gracethewil'e  of  thesaid  John  Baraea 
wu,  and  thai  there  they  did  prick  and  [linch  the 
laid  Grace  Barnes  wiiJi  their  fin^rs,  and  put 


Ih,  That  |jii4  (iKWOl  ^ 
prick  Md  lomnM  i 
(■race  Dames  ajnin.  (inlinwliiif  with  I 
gen  how  she  did  it.)  And  also  «■ 
t'lal  the  l>eii]  did  intice  tier  t'l  nuJat 
of  her  the  said  Grace  Banie^  t  nnd 
tMd  herthat  hentxdd  come  ag^io  to  I 
more  before  she  sliouti)  go  oat  of  tn»i 
confesseth,  tljot  she  ran  go  DUtn  my  j 
visible,  anil  yet  her  body  ahall  bo  Ivia 
bed.  Aad  fnrtber  confesseth,  thu  il 
halh  appeared  unto  her  in  the  ahspe  si 
as  she  supposed. 

BeioR  demanded  whether  she  ha 
any  bodily  hurl  unt*  any  other  persuN 
(he  said  Grace  Barnes,  With  and  nn 
tliat  she  did  prick  and  tarmeDl  one 
Coleman,  the  « ife  of  John  Ctilenian  «f 
lord  aforesAid  tuoriner.  And  saith,  t 
gave  hpraelf  to  the  Devil  when  she  di 
with  him  lu  8bn]brld]^-LaDe,  as  dl 
And  miib,  that  tlie  said  Maty  TremMl 
servant  unto  her  this  exaniinaot,  in  like  i 
ai  she  this  eiraminaiit  tras  a  servant  v 
Uevil  (nboio  she  called  by  the  appelUli 
gentleman  as  aforecaid.) 

TnoTusOisT,  Mayor. 

John  DAtie.  Ahlennan. 
[E.wimincd  wiihlhe  OrWuM,  wherf* 
airuecoi.y.    John  Hill, fonn-Cltrk.l 

The  Sub«tBDcc  of  the  L.tiiT  Wobu  ad 
FEoiiOM  of  SusaoiiB  Edwards,  1 
ranee  Lloyil,  and  Blary  Tremble*, 
timr  nud  pliice  of  their  Eiemici 
fully  OS  could  he  token  in  a  case  Ui 
KO  much  noise  and  confusion,  a&  a 

Mr.  H.  Mary  Trembles,  ^Vliat  Inve 
any  as  to  thecnmeyou  are  now  todiefi 

Mary.  J  have  spukeas  much  oi  Icai 
already,  and  can  speak  no  mhhc. 

h.  inwhatfhjifw  did  (he  Uevil  come) 

Slaty.  The  Ueiil  caiuetu  meonce,  i 
like  a  lion. 

H.  Didheofferaoy  violence  to  vou7 

Murv.  No,  not  at  all,  Itut  did  Irigbu 
and  did  nothtnq'  (o  me  :  and  f  cried  U 
and  asked  what  he  Mould  have,  and  I 
uislied. 

H.  Did  he  give  thee  any  criA,  or  diJi 
make  him  any  promise? — Alury.  No. 

H.  Had  he  any  of  tby  blood?— JUsn 

//.  Did  become  to  make  use  of  tby  i 
a  carnal  manner  ? 

Mary,  Never  in  niv  life. 

if.  Have  you  a  teit  in  your  privy -pit 

Mori/.  None.  The  Giajid  Inquest  saU 
Hworntothem. 

n.  ftlary  Trembk's,  Was  not  thedcr) 
with  Susan  uLlu  I  wax  once  in  ite 
with  you.  and  under  her  cwats?  the  att 
me  that  he  was  there,  but  is  now  M 
that  1  lie  iletil  was  in  the  way  wka^ 
going  10  Taunton  with  my  son  who  M 
oister.  Thouspcakesloow  as  a  dyiaf  V 


6TA1E  TRIALS,  H  CfTARLES  IL  1082.— TXre^  t)et(m  1VUch$^     f  105t 

he  Psalmist  says,  I  \\  ill  confess  my  |  would  not :  he  said  he  would  make  me ;  an4 


then  the  Denl  heat  me  about  the  head. 
JFf  .  Why  had  yon  not  called  U()on  God  ? 
'Temp.  He  would  not  let  me  do  it. 
H,    You  say  you  never  hurtcd  ships  not 
boats  ;  did  you  never  ride  over  an  arm  of  th# 
sea  on  a  cow  ? 

Icmp.  No,  no,  master,  it  was  she,  meaning 
Susan. 

When  Temperance  said  it  was  Susan,  Rb# 

said  she  lied,  and  that  she  wan  tlie  cause  of  her 

.  brinspng  to  die :  for  she  said  when  she  watf 

rempenincc  Lloyd,  Hare  you   made '  firstorought  to  gfaol,  if  that  she  was  hanged^ 

*«^^  ...uu  *u^  .iJL:i  o     rn —    >j.  \  gjj^  would  havc  me  hanged  too  ;  she  refiorted 


s  and  acknowledge  all  my -sin.  We 
it  Mary  Magdalen  had  seven  devils, 
came  to  Christ  and  obtaine«l  mercy: 
thou  break  thy  league  with  the  devil, 
ke  a  covenant  with  God,  thou  mayest 
lin  mercy.  If  thou  hast  any  thing  to 
peak  thy  mind. 

I  have  spoke  the  very  truth,  and 


ak  no  more :    Mr.  H.  I  would  desire 
ay  come  by  me,  and  confess  ns  I  have 


tract  with  the  devil  ?—r«wi>.  No. 

^id  he  ever  take  any  of  thy  ulood  ? 

.  No. 

floH'   did  he  appear  to  thee  firstor 

1  the  street  ?  in  w  hat  shape  ? 

.  In  a  woiul  shape. 

[ad  he  ever  any  carnal  knowledge  of 

Temp.  No,  never. 

That  did  he  do  when  he  came  to  tliee  ? 

.  He  caused  me  to  go  and  do  harm. 

nd  did  you  go  ? 

.  I  did  hurt  a  woman  sore  against  my 

tee:  he  carried  me  up  to  Tier  door, 

as  o\yexi :  the  woman's  name  was  Mrs. 

Iiomas. 

/hat  caused  you  to  do  her  harm  ?  what 

lad  you  against  her?  did  she  do  you 

n  ? 

.  No,  she  never  did  me  any  harm :  but 

il  beat  me  about  the  heati  grievously 

I  would  not  kill  her  :  hut  I  did  bruise 

r  this  fashkm  [laying  her  two  hands  to 


a 


you  bmisc  her  till  the  blood  came 
ir  mouth  and  nose  P — Timp.  No. 
[ow  many  did  you  destroy  and  hurt  ? 
.  None  but  she. 

Did  you  know  any  mariners  that  you 
associates  destroyed  by  overtumiii?  of 
dboflts?  '        ^  "• 

.  No ;  I  never  hurt  any  ship,  bark,  or 
ay  life. 

^as  it  you  or  Susan  that  did  bewitch 
Iren.^ 

.  I  aold  apples,  ami  the  child  took  an 
nn  me,  and  the  motlunr  took  ihe  apple 
B  child  ;  for  the  which  1  was  very 
bnt  the  chilli  die<l  of  the  smull  pov. 
o  you  know  one  Mr.  Lutteni  about 
rts,  or  any  of  your  confederates  ?  did 
hero  bewitch  his  child  ?^Temp.  Ni». 
emperana*.  How  did  you  come  in  to 
r*.  Grace  Thonins  ?  \\'u\  you  pass 
the  key- hole  of  the  door,  or"  ii-as  the 

The De^il  did  lead  me  up  stairs,  and 
open  :   and  this  is  all  the  hurt 


do  you  know  it  was  the  De>  il  ? 
I  knew  it  by  his  eyes  P 
•d  you  no  tiiscoursc  or  treaty  with 

No  ;  he  said  1  should  eo  along  with 
Mpoja  wooMiip  and  I  toU  liim  I 


I  should  ride  on  a  cow  betbre  her,  which  I 
never  did. 

H.  Susan,  Did  you  see  the  shape  of  a 
bullock  P  at  the  first  time  of  your  examination 
you  said  it  was  like  a  short  black  man,  about 
the  length  of  your  arm. 

Slit.  He  was  black.  Sir. 

H.  Susan,  Had  you  any  knowledge  of  the 
bewitching  of*  Mr.  Lutterirs  child,  or  did  you 
know  a  place  called  Tranton  Buiroughs  ? 

Sus.  No. 

H,  Are  you  wOling  to  have  any  prayen  ? 

Then  Air.  H.  prayed,  whose  prayer  we 
could  not  take ;  and  they  sung  {Mirt  of  the  4(Hh 
I'salm,  at  the  desire  of  Susanna  £dward9  :  as 
she  mounted  the  ladder,  she  said.  The  Lord 
Jesus  speed  me ;  though  my  sins  be  as  red  as 
scarlet,  the  Lord  Jesus  can  make  them  as  white 
as  snow  :  the  Lord  help  my  soul.  Then  was 
executed. 

Mary  Trembles  said,  Lord  Jesus  raoetve 
my  soul ;  Lord  Jesus  speed  me  ;  and  then  was 
also  executed. 

Temperance  Lloyd  said,  Jesus  Christ  speed 
me  well:  Lord  for^ve  all  my  sins;  Lord 
Jesus  Christ  be  merciful  to  my  poor  soul. 

Mr.  Skcrijf',  You  are  looke«l  on  as  the  woman 
that  has  debauched  the  other  two:  did  yoti 
ever  lie  with  Devils  ? — Temp,  No. 

Sh.  Did  not  you  know  of  their  coming  to 
gaol  f'^Temp.  No. 

Sh,  Have  you  any  thing  to  say  to  satisly 
the  world  P 

Tefiip,  I  forgive  them,  as  I  desire  the  Lord 
Jesus  Clirist  will  foi'givc  me.  The  greatest 
thing  I  did  was  to  Mre.  Grace  Thomas ;  and  I 
desire  I  may  be  sensible  of  it,  and  that  the 
Lord  Jesus  Christ  may  forgive  me.  Ttie 
Devil  met  me  in  the  street,  and  bid  me  kill  her  ; 
and  because  I  would  not,  he  beat  me  about  the 
head  and  back. 

Mr.  Hh.  In  what  shape  or  colour  was  he  ? 

Temp.  In  black,  like  a  bullock. 

Sh.  How  do  you  know  you  did  itP  how 
went  you  in,  through  the  key^hole,  or  the 
door? — Temp.  Atthedo«»r. 

ah.  Had  you  no  discourse  with  the  Deril  ? 

Temp.  Never  but  this  day  six  weeks. 

Sh.  You  werechargL*d  about  IS  years  since* 
and  did  you  never  see  the  I>evil  but  tliis  time  T 

Temp.  Yes,  once  before :  1  ^-as  going  tor 
brooms,  and  became  to  me  and  said,  This  iioor 
woman  has  a  gnat  burthsD  i  and  wouM  nelp^ 


R!l]  STATE  TRIAI^,  34  Charles  It.  l6M.—Pnea£ngfbefKeenatl^[ww 


«ueiae  of  my  burthen  :  and  1  said,  The  Lord 
httd  tiaiAed  me  to  canv  it  u>  far,  and  J  hope 
I  shaUbe  able  lo  .iirry'it  further. 

Si.  Did  tiie  Deril  devct  promise  jou  any 
Hihlg  ?—Temp.  No,  nerer. 

SA.  Tlien  yoDhaTes^vdlaTeT^badmastcr. 
w}io  gave  you  uolliing.  Well,  consider  vou 
ore  jiitt  departing  this  worid:  do  tou  behVre 
there  is  a  God  r—  Temjy.  Yes. 

S4.  Do  you  believe  in  Jetus  Christ  ? 

TVvr^j.  Yes  ;  and  I  pray  Jesus  Christ  lo 
tiardun  all  my  lios.     And  so  vw  executed. 


The   leverily  irilt  ivLicb  wilchcs   liad   in 
8<;otland  been  Irentcd,  maj  be  seen  in  the  Notea 


to  the  Case  of  the  Zescx  Witches,  anlt,  nil  t, 
p.  eiZ.nud  tetbeTridalBurj,  Tid.e,  p.6i1. 
FoDDtainhail  (Decisions,  *d1.  I,  p.  301),  BOtua 
a.  Cane  which  occuired  very  shortly  after  ttw 
trial  of  lioyd,  Trembtes,  and  Edwaidi  i  ad 
from  his  report,  it  aeems,  thai  th«  irretdid 
prisoner  in  that  cue  was  exenipled  &nm  th* 
operation  of  any  actire  crudly.  "  OeL  Va, 
I0ii4,  oneMarioDPurdy,  dwelfin^attheWn 
Fort  (if  Edinburgii,  once  a  milk-nife,  and  nor 
a  b<^n^,  if  appraiended  as  a  wild),  and  muy 
delaiioQS  nf  malificcs,  by  \afaig  on  diseaiek 
trenzies.  Sec.  come  in  acain^t  her.  Sbt  M 
nf  (.-old  and^vertvin  pruon  about  tbeChriM- 
masi  the  kin^'a  Advoi^ale  ipring' Dosmiai- 
tice  to  such  iufuriuatious  s^^ainst  wil^ei." 


S87.  Proceedings  between  the  King  and  the  Cixr  of  Lon  dox,  en 
an  Information  in  nature  of  a  Quo  Wabranto,*  in  the  King"! 
Bench:  33— 35  Chaeles  II.  a.d.  1681—1683. 

Mich'  »3  Car.  3,  in  B,  R,  Bol.  137.  Sir  Ro- 
bert Sntvyir,  !cnt.  liis  Majesty's  Attomev 
General,  an^ost  the  Lord  Mayor,  and 
Communatty,  and  Citizens  of  LondoD. 

The  InfonnatioD  iu  DSture  of  a  Quo  Wamnlo 

Ktsftrth, 
XBATth*  mayor,  ami  commonalty,  and  citi- 
t«is  of  the  tily  of  London,  by  the  spsLV  of  a 
month  tlifii  lii'st  past,  niid  more,  incd,  and  yet 
do  rtaini  to  have  and  use,  without  any  lawful 
warrant,  or  re^  pTi'il,  within  the  city  of 
Landm  aforespid,  and  Uip  lilierties  and  privi- 
leges of  the  same  city,  the  liberties  and  pcivi- 
legei  following',  viz. 


•  "Tits  court,"  says  Hiimet,  "  fiRding 
that  the  city  of  London  could  not  be  irrought 
OR  to  aurrender  their  Charter,  reaolred  to  hare 
it  condemned  bv  a  .iudtnnent  in  the  Kind's- 
bench.  Jones  ^ad  died  in  Alay :  So  now  Pol- 
lexphen  and  Trtliy  were  chiefly  relied  on  by 
tha  city  in  this  mutler.  Sawyer  was  the  at- 
torney wneral,  a  dull  hot  man,  and  forward  lo 
KTve  all  the  devigni  of  the  court.  He  under- 
took by  the  advice  of  Sanders,  a  learned  but 
a  very  immoral  man,  to  overthrow  llie  Charter. 
When  the  moltcr  was  lirought  near  indifment, 
Handers,  who  bad  laid  the  whole  lliintr,  ifos 
made  chief  justice.  Peniberlon,  nhowus  not 
satisfied  in  the  point,  beingremoved  to  the  com- 
mon pleas  tipon  North's  ailtancenient.  Dolben, 
a  judge  of  the  King's- bench,  was  Ibund  not  lo 
beclear:  Ko  he  was  turned  out,  and  Witbins 
came  in  his  niom.  When  sentence  nas  to  be 
given,  Sarders  was  struck  with  on  apoplexy  : 


k)  he  could  ni 


:  But  he  » 


writing,  and  died  a  few  days 
aner.  i  ue  stiiu-nce  was  given  without  the'so- 
lemnity  that  was  usual  upon  srcat  occasions: 
The  judges  were  wont  li>rmcrly  in  delivering' 
their  opinions  to  makelaii;j:ari^umctits  in  which 
tkey  set  forth  the  p'uuncb  i>f  law  on  which 
titey  wtot,  whiub  were  great  ijistiut^M  u>  tilt , 


"> 


I.  To  be  of  titemselvea  a  Body  Corpcnt? 

and  Politic,  by  the  name  in   Major  ul 

Commonalty,  and  Citizens  of  theOljrrf 

London. 
IL  To  have  SheriOs  Civilat'  et  C«oi'  !«• 

don'  et  Com'  Midd'.  and  to  name^  did, 

make,  siul  cooetitute  them. 
IIL  That  the  Mayor  and  Aldermoi  of  i» 

said  City  should  be  Jnsticea  of  the  P««£t. 

and  hold  Sessions  of  tlie  Peace. 

All  which  liberties,  Privih^iies,  and  Fn>- 
chides,  llie  sud  Mayor  and  C'ommonallv,  nJ 
Citizens  of  lymdon,  upon  the  King  did  by  tiit 
space  aforesaid  usurp,  and  yet  do  usurp. 


students  and  barristers  :  Buttliiatllld  bvm  luJ 
aside  ever  since  Hale's  time, 

"  The  judgment  now  given  woa,  that  a  cill 
mi^ht  forteit  its  charter  ;  that  the  tiMle-i^ 
sations  of  the  common  council  were  ibeMlio' 
the  whole  city,  and  that  the  two  poniU  ad 
forth  in  tite  pleadings  were  juirt  grounds  fitt  ikc 
ibrti^tingoi  a  Charter.  Upon  which  prciniaHi 
the  proper  conclusion  seemed  lo  be,  that  ibn- 
tbrc  the  city  of  London  had  forleiled  iboi 
Charter  :  Bulthe  consequences  ofthlMnertN 
much  apprehended,  that  they  did  not  thiak  k 
tu  venture  on  it  :  Sothey  judged,  that thebi*; 
might  seize  the  liberties  of  the  dty.  The  * 
tomey  general  moved,  contrary  lo  what  h 
usual  ID  such  cases,  that  the  judgment  mi^ 
not  be  renorded.  And  upon  that  new  eniM' 
vours  were  used  to  bring  the  common  odubJ 
to  deliver  up  their  Charter  :  Yet  UibIqouMbM 
be  compassed,  though  it  was  brought  nNck 
nearrr  m  tlie  numbis^  of  the  voices  than  ■■ 
imagined  could  ever  be  done."  lOwullmeSiSH 

Roger  North  is  very  coponfi  upon  thi*  sub- 
jcct.  From  his  connecuoo  with  sir  Oo^ 
North,  it  ua-i  natural  that  he  should  fceUEv^ 
interest  in  the  proceedings  concerning  the  tilj 
of  Ltadaa,  duriag  tba  tottw  pm  (tf  U»inp 


STATE  TRIALS,  34  Cn  AftLKS  IT.  1^8$.— tfnif  ihe  City  of  Lmian.     [1042 


Flea. 

!  mayor  and  commonalty,  and  citizens, 
r  by  their  attorney,  and  plead, 

U  to  their  being  a  Body  Politic  and  Cor- 
[Mrate,  they  prescribe,  and  say, 

Phat  the  city  of  London  is,  and  time  out 
d  hath  been,  an  ancient  city,  and  that  the 
s  of  that  city  arc,  and  by  all  that  time 

rles  the  Second,  and  wherever  he  men- 
lero  in  his  ^'^  Exameh,"  his  partiality  is 
'-ed  in  a  degree  which  very  much  weak- 
\  testimon}',  though  certainly  the  force 
arguments  such  as  they  are  is  not  af- 
by  it.  "  Testimony, "  says  Boyle,  *  is 
le*  shot  of  a  long-oow,  winch  owes  its 
J  to  the  force  of  the  shooter  ;  argument 
the  shot  of  the  cross-bow,  equally  for- 
i^^bether  discharged  by  a  giant  or  a  dwarf 

ii's  account  (abusive  as  usual  of  Kennet) 
Hows : 

mow  no  transaction,  in  this  reign,  more 
nuously  traduced,  than  that  known  by 
)rd  Charters ;  which  mean  the  Quo 
nt06  brought  against  some  corporations 
ising  their  franchises  into  the  king's 
for  abuser  of  them.  Whereupon,  and 
roluntary  surrenders  of  some,  diverse 
lartcrs  were  granted,  ivith  some  altera* 
id  restrictions.  The  author  here  distin- 
ii  neither  things,  times,  manners,  or  in- 
I,  but  8upi>osetii  the  worst  of  all  alike. 
»  he  transcribes,  out  of  a  cankered  libel, 
ish  parcel  of  invectives  against  tlie  go- 
at, upon  that  occasion;  whetein  all 
ire  scandalized,  the  holy  scriptures  and 


(have  been,  a  body  corporate  and  politic,  by 
name  of  Mayor  and  Commonalty,  and  Citizeua 
of  the  City  of  London. 

That  in  Magna  Charta  de  libertatib'  Angfiei 
in  the  parliament  holden  9  Hen.  3,  it  was 
enacted,  '  Quod  civitas  London'  habeat  omnes 
<  libertates  suas  antiquas,  et  consuetudines  suas.' 
That  in  the  parliament,  1  Edw.  3,  that  king 
by  hischarter  ue  assetisu  Prelatorum,Comitumy 
Baronum,  *  et  totius  communitatis  rcgni  sui/ 

thor  and  his  fellow  libellers  suggest ;  but  from 
the  counties  where  the  abuses  where  agrievance 
insufferable.  And  tor  redress  of  them,  the 
gentlemen  of  the  counties  applied  to  the  king 
by  such  means  as  they  had.  The  mischief  lay 
in  towns  that  had  justices  ot  their  own  with  • 
clause  that  the  justices  of  the  country  *  nein- 
tromittant ;'  so,  by  excluding  the  country  jus- 
tices, they  were  become  the  ordinary  asylums 
for  all  sorts  of  rogues  that  fled  from'thejustice 
of  the  sessions,  and  particularly  those  that 
were  tumultuous  and  seditious,  and  there  found 
protection.  And  particularly,  the  town  of  Pool 
m  Dorsetshire  was  of  this  order,  and,  if  I  mis* 
take  not,  Taunton  Dean  another.  Others  there 
were  in  the  West  of  England  complained  of; 
and  so  much  in  earnest,  that  the  grand  juries 
in  Dorsetshire  and  Devonshire,  or  one  of  them 
(for  I  do  but  just  recollect  some  particulars)  pre- 
sented these  places  as  common  nuisances. 
And,  upon  the  amplication  ot*  the  gentlemen  to 
the  iudges  of  assize,  the  matter  was  laid  before 
the  King,  and  Quo  Warrantors  ordered  to  be 
prosecuted  against  the  chief  of  them.  And, 
upon  that  some  were  reduced,  others,  knowing 
themselves  to  be  obnoxious,  submitted  ;  and 
then  their  Charters  cam**  to  be  surrendered,  and 


I  brought  in  to  compliment  tlie  infema!  \  new  ones  granted  in  lieu  of  them.     In  which 


1,  ami  then  concludes  with  panegyric  ; 
bestowed  upon  attainted  rebels  and  re- 

This  frustmm  of  a  libel  is  grafled  into 
■  History,  as  an  account  of  that  remark- 
Mseeding,  where  every  one  may  read 
care  not  to  repeat. 

it,  aa  to  the  matter  itself,  I  think  I  may 
loh  it  into  three  orders,  which  I  term 
» Warrantors.    8.  Surrenders.  3.  Regu- 

Which  partition  may  be  marked.  1. 
!.  indifferent,  and  3.  bad.  First,  by 
•rranto's  I  mean  such  as  were  ordered 
those  corporations  that  had  enormously 
I  by  breaiTh  of  his  majesty's  laws,  and 
up  the  authority  of  tbcir  trust,  not  for 
execution  of,  but  tor  the  protecting 
e  law,  persons  that  were  notorious  of- 
■gainat  it ;  and  out  of  this  list  I  will  not 
be  great  city  of  London  itself,  as  may 
Nitn  good  reason  afterwards.  And, 
kia  view,  and  going  no  farther,  1  must 
Mi  there  never  was  a  piece  of  more  ne- 
joaiiee  in  the  English  state,  nor  more 
d  to  all  the  peoufe  in  general,  than  the 
in^tboaeQuo  Warrantors  was.  And 
tkcre  was  absolute  need  of  it,  1  aflirm 
t  the  first  overture  was  not  from  the 
v  IroiB  Midi  black  defigat  at  the  au- 
TUI. 


no  alterations  were  made,  but  such  as  respected 
the  law,  and  the  good  government  of  the  coun- 
try ;  such  as  laying  the  towns  open  to  the 
JTutices  of  the  counties,  if  they  found  cause  to 
mterpose  there,  and  to  act  with  the  justices  of 
the  place,  and  sometimes  to  be  of  the  body, 
and  capable  of  the  offices  of  authority  in  the 
corporations.  And  if  any  honest  Englishnuui 
can  be  of  opinion  that  such  changes  were  not 
much  for  the  better,  especially  as  to  diverso 
factious,  or  rather  mercenary,  c«>rporations,  I 
must  crave  leave  to  differ  from  him.  And  thia 
'method  was  observed  in  most  instances  of  that 
reign,  without  any  of  the  hideous  characters 
wbich  the  taction,  now  in  our  latter  times,  hava 
bestowed  upon  it.  And  I  limit  tliis  division  of  a 
laudable  proceeding,  without  any  abuse  at  all, 
until  the  time  that  sir  George  Jefferies  was 
Lord  Chief  Justice  of  the  King's  bench,  and 
sworn  of  the  privy  council,  which  let  him  into 
the  means,  as  his  way  was,  to  push  things  be- 
yond their  due  bounds. 

«'  And,  after  that  time,  the  abuse  began  to 
fiTow,  but  not  to  any  great  inconvenience,  and, 
^r  that  reason,  I  give  this  class  the  charactei' 
of  indiflerent.  Divers  inducements  then 
brought  in  charters  to  be  surrenden^d  in  order 
tothercDtwaloftbem.    For  it  baing  obaarrad 

3X 


I 


l«4d]  STATE  TRIALS,  34  CUABLEsl1.l6S2.-<-/Vof0rA>^«kfm«iM«JBiy  [1044 


w\  by  authority  of  the  same  parliament,  hnv- 
iu(r  iiecittil  tiiat  the  Kunic  citizens,  at  the  time 
cCthcniakiupf  Ma^na  Chnrta,  and  also  in  the 
tiuie  of  EdHiird  the  Cftnfussor,  William  the 
Conqueror,  and  other  his  i)rf^;ctiitors,  had  di- 
vers hbertieb  und  customs,  viills  and  grants  by 

that  such  complin  lent  s  of  the  towns  were 
gradouidy  accepted,  and  the  pre\ ailing;  with 
others  to  come  in,  was  accomitcd  good  service, 
and,  by  a  sort  of  mode  or  custom,  the  tcmlcncy 
of  loyalty  itself  was  Uiat  way  ;  this  circum- 
stance was  the  occasion  that  many  towns  «*amc 
in  and  took  the  op|M)rtunity  to  be  remunerated 
with  considerable  privileges,  respecting  their 
common  profit  and  trade,  which  were  com- 
monly granted  as  tlicy  desired.    And  as  to  the 

changes  made,  with  respect  to  the  law  and  I  all  was  done  to  influence  ekctioni  to  the  ar* 

''      '  *  ^       ^     liament ;  and,  as  the  way  of  ofajeelon  k,m9 


authority  aforesaid,  That  the  same  cHiia^ 
Khali  have  their  liberties  according  to  Hifn 
Cliarta. — And  that  for  any  perMoal  tiufui 
*■  alioujus  ministri  ejusdem  dvitatls,  Ubota 
<  dvitatis  illius  in  maooi  ejiudem  DoBni 
'  Uegis  £dw.  3,  vel  heredund  ■uonm,  an 

saw  or  knew,  as  we  did,  how  his  majoty  im 
affront^  by  taction  iasteninff  upontlieMNtHi 
of  those  abused  towns,  woufi  think  neilMr  hii 
honour,  government,  or  penon  tafe  witWitiL 
"  Thus  far  the  alteration  of  chartcn,  Wa^ 
evergrowing  into  abuse  (I  mean  as  to  tile  ai- 
nagement  in  the  country ;  for  the  oont,  M  h 
right,  was  very  just  ana  careful  of  thetaaii) 
were  of  no  desperate  ill  oonaeqiience.  I  Imv 
it  hath  been  in  every  one's  mouth  la  objeellhil 


government  of  the  country,  the  iuhaliitants 
were  commonly  not  very  solicitous,  but  sub- 
mitted thojie  matt4n's  to  the  k'uig's  pleasure. 
But  the  worst  inducement  was  whuii  pick- 
thank  courtiers,  fur  ostentation  of  merit,  fright- 
^  the  people  with  the  law  and  charges,  and 
procured  sumuions   of  (luo  Warranto  to  be 
scrveil  upon  tli^m  ;  and  having,  by  such  un- 
due means,  l>rought  in  the  charters,  set  a  value 
U|Mm  themselves  at  court,  as  for  so  much  good 
^enice done.    There  was.a  memorable  passage 
of  tliis  nature.    AVhen  the  liOrd  Chid  Justice 
Jefierics  went  the  Northern  circuit,  he  bad 
taken  upon  hifn,  and  aoconUngly  valued  him- 
self to  the  kin^  for  doing  great  matters  towards 
brin^.n*^  in  ot  chavleu,  as  it  was  called  ;  and, 
by  his  own  contrivance  (uk  I   have  very  cfo<Ml 

rra^uri*"   ^  "  ''     '  -  -     '  ' 

an 

was  peiMiH(l(Hl  to  present  him  with  a  rinix,  ])ub- 
liely  taken  >vith  his  own  linger,  i»;  token  of  liis 
majesty's  areeptanee  ot  "his  most  i  n^ii.v^iit  wr- 
vice«.  Ami  tliis  l»y  Avay  of  procuriir  ;  which 
bcin<;  1>lii7<<ne.l  iu  t)ie  Gazi'tt«>,  hi'^'  i<nisliip 
wetit  down  inlo  I'lc  country  si'^,  froi.i  tin-  klni»' 
I**\«j^.itu>  a  I  i'J   .<'.  <  *<Ue:n(:il  a  niicrhty  liuosiU': 


run  the  consequences  to  sstremity,  and  olA 
it  packing  a  parliament,  and  coiiupliii||  Ik 
very  Ibuntain  of  tlie  laws.  Now  if  we  win  p» 
fess  anv  ingenuity,  we  must  own  dnt,  at  Ail 
time,  the  crown  liad  need  of  a  better  laleMl 
than  it  had  in  the  choice  of  mambera,  to  ■■- 
tsin  a  due  balance ;  that  an  advene  pafr 
might  not  carry  every  thing  in  their  mia 
against  tlie  crown,  as  was  most  notonooriyAi 
case  of  tlie  Oxford  and  Westminster  paife 
mcnts.  And  it  was  better  if  it  had,  or  eoril 
have,  been  done  thus,  than  by  setting  ap  nv 
boroughs,  which  the  king  might  do  atpleMBt 
I  wonid  have  folks,  that  object  this,  oosnk 
what  is  tlie  couHequence  of  splitting  fredMlk 
aiul  sntmrnin^  nntinalitied  eonntr>inen  to  £r- 


>  ins  own  contrivance  [i\%  1  Have  very  cfoiMl  aiul  snimnnn^  nniinaiitied  eonntr>Tnen  lo  fir- 
asjon  to  iruess)  to  procure  lor  hiiusilias  i»;reai  ]  swi'jir  theniselvi's  to  vote  in  a  party  ;  andvb'J 
I  aiilhorii  \  in  t!ic  Northern  cir'^uii  (which  In)  are  the  greatest  ti  uitors  to  the  public  ?  Buttrirt 
as  appoinicd  lor)   ai»  was  possible,  tlie  kinj^    was  the  harm  if  the  best  of  those,  interested  ia 


the  eonnly  elections,  had  also  voices  in  tbebf^ 
roughs,  w'hen'l»y  they  might  sheiv  the  tit^iti 
nr>t  to  sav  brilR'd  towns,  a  better  choice  tiaa 
they  eoufd.  or  at  least  wc«ild,  have  foimd  Ir-- 
theniselves  ?  I  sny  if  this  hail  Ikk'h  grncnflT 
donf,  as  it  was  ii«'t,  "\iliat  cau^  was  tbcr't* 
trn'nil)le".'  lUix  il  rMiulil  n<»t  IkmIodc  inthf^ij 


wli.' li,  t;'4  i.' I-  .Mllii.js  lolly  airs,  uitnli'  all  i  '1  renewals  iifcharlers,  for  these  s«.>ldom  ^>Ula 
tlic  charic»  ,  |i«;(  ihc  walls  of  .Icri'  *..  .  :'iil  flown  |  tIh*  ri«rhi  of  election  that  goes  most  iipooi)«- 
before  liini  :  a.-.d  li-  rcinnio«l  U'.r..  \  aU  snr-  |  s.  M|)ti(»n,  and  i*^  tin*  s;nne  as  in  1  X)r.tlon,  wW 
render^,  tin  sp'.ilsof  towna;  v  h!;  I»,  wit'i  ci  .-  i  eM  r  l)LC'Hiifs»»rtliecor|iorntion.    Andatlnmils 


tain  iiilie.-  |«.iii>rn  •.•.nces  in  thai   v-*v:.i:e,  i,u*.  i  |  M(lvanta«:r  in  the  « lecticn  ofa  chief  niagistr* 

hiil)j<Tl  h;  n  ,  k<I  .iuri.\\  lus.  liuinviuri-i  io  lin  ci--  :  is  ir;iineil  to  tin-  court  *-'u\v  by  a  renewal,  vhifb 

ateoiirt.     'iht' |»r.\'esi    v.i-.s    i.ult«-.l    |i].'-.>,i..:  : 

till:  kini;  Iu  j'.'i.'.ic    i'.«\iivis   ani:-j  .1   i:';ii    v-i.li 

pov.x'r  l)y  V  }■  ;  .1  h.' .'').!»  -i  ■  .ii  ;lui  j;  \  .ni«l  i^u  n  '  ditr  san.e,  if  tliev  <'<'ine  in  by  a  fartiou.  frf  A' 

tbo^e  j;.r.ii  :'.  ::  '     V  i«i:!e  j»iii,t.  l..vi»in\  n- :l«.\.  -  '  onret'tliat  ?     ^>n  which   snie  slionM  thr  "^ 


tlu'y  mm  sa\    will  incline  to  his  nariv  inthl 
naiMtfcment  and  n*tnrn  :  an<l  will  nottnevw 


1. 11^    llOlli   ll.l 


\-\i\  ii   'r;iU»-'<l    llo\\. .!  ill'.  ;  ihi* 
kiriL:'\ai!«!i  >.:! ,  ;  .i^  .:»•.  uiir  .  liv-'W- -l  :.,i...    '.i'.Imi 

Ul  UJ('  cil^  .  ■.Mill  li.,;  -,ti\|  otJ;  :,|'ail  ..'lil  •.i!i'.i.'..'Ii 

acqnaiiitr.M  •  .  In-  M-<  nu'.'l.  a:i«!   t'!';»i    i.»    ,.;e- 
tended  Ui  h. ..(.:»,,  ',n:   n,,\,  v.i-i.ii  ii.in  ,ir.  ■!  I.  "si 


.1  k 


th:«t 


whit  I] 


lilt 


•-^ 


.   Il    ni'".--^!  :ii  ii.e  e..y  ; 
'.i'il:*  ;t..lln  >;t'  ,  ".  I'l  n-.t 


l;uve  turn?  Dui  hath  not  the  kinij  tlif  T:'*ir> 
l;i.:»»m1"  all  the  sheriHs  of  e«inr.iifs  |C-i^i* 
« -.1,  .  in  Ki.irlantl  ?  And  y el  no  complaint  "i< 
*!i.  .1  he;«rd  ul'jninstice,  nor  is  the  p.ini.iiitB* 
■  !..■  ii  i)re  packed  for  all  that.  ExTrnr..>  »•'' 
I.  \t'"  lo  l»c  ap'ued  a2"ain*«t  the  jcirrnl  l^^tn 
_,•■'■.  v:  nu  nt  ;  for  then  we  nnist  ha^«^no|K*w 
.o  k,  I  ^>  the  peac'(-,  trust  ni»r  gOTerriitunt  it  A 


t045]     STATE  THIALS,  34  ChaRlbs  II.  l682;-^ail  iheCttgof  London.     [lOiO 

KiDg  Edward  4. ,  by  bis  diarter,  duted  9th 
Noveinper,  2  £d.  4i 

KiDg  Henry  7.  by  Us  charter,  dated  23rd 
July,  20  H.  7. 

Kiug  James  1.  by  his  charter,  dated  S5th 
September,  6  Jac.  1. 

King  Charles  1.  by  iiis  charter,  dated  18tb 
OctoUr,  14  C.  1. 

King  Gliavles  2.  by  his  charter,  dated  21th 
January,  15  C.  2. 

Ac  eo  warranto  th€;y  daim  to  bo,  and  are  a 
body  wiUtic,  6cc.  and  traverse  their  usurpiiijjf 
upon  toe  king. 


*  o^retur,  sed  hiyosmodi  muiister  prout  qua- 

*  Ihatem  tramgreasioiiis  puniretur.' 

Tbey  plead  ahw, 

TbiU  in  the  parliament  holden  7  R.  2.  *  Om- 
^aes  oonsuetudines,  libotates,  tranchesia,  et 
*i  priTilcgia  cintatis  predict'  tunc  civibus  civi- 

*  tatifl  ilfius,  et  eorum  successoribus,  licet  usi 
'HOD  fuerint,  vel  abusi  fuerint,  authoritate 
1  «oadeiD  pariiamenti  ratificat'  fberunt.' 

Then  thev  plead  the  confimaation  of  several 
later  longs  by  their  charters ;  as  of 

King  Henry^G.  by  his  charter,  dated  26th 
October,  33  Hen.  6. 

the  government,  at  that  time,  had  gained  a  vast 
Mrength  by  popular  reputation,  if  it  had  gained 
alto  a  firmer  legal  dependance  and  alliance  be- 
tween the  crown  and  people,  so  as  both  should 
have  need  the  good  will  of  each  other,  and  fac- 
tion have  had  no  encouragement  to  work  the 
miachief  of  both  by  creating  disti'usts,fears,  and 
jealousies  to  divide  them,  a  better  service  liad 
keen  done  to  the  people  of  Engbtnd,  than  wlicn 
Ae  Capite  Teimres  of  estates  were  taken  away, 
and  a  common  nuisance,  the  excise,  planted  m 
the  room  of  them. 

*'  Now,  as  to  the  last  order  of  charters,  called 
Rgalations,  which   properly  belongs  to  the 
■eat  reign  and  so  beyond  my  tedder,  I  shall 
Bay  little.    But,  considering  that  more  especial 
OooiMcUors  and  adjutants,  with  choice  com- 
DuaaionerB,  messengers  and  spies,  were  insti- 
tnted  purposely  to  manage  corporations,  for 
eompnsing  elections,  and  to  humour  the  court 
and  eonsidering  who  they  were,    it  is  very 
atraage  that  so  much  obloquy,  as  has  been  cast 
an  the  eburch  and  loyal  party,  sliould  fall  upon 
thataoconnt:  for  it  is  most  certain  and  true 
that  the'Tories,  as  they  were  called,  were  more 
OMNwite  to  those  proceedings  than  the  author^s 
crfaaated  party  men  were.     For  (under  po- 
parj^)  at  that  time,  the  whole  machine  was  fa- 
■atiff ;  and  the  design  was  declared  to  compass 
a  lanatic  parliament.    And  we  do  not  find  that 
after  the  nappy  revolution,  any  of  the  persons, 
who  had  acted  notoriously  at  the  head  of  those 
■uahapen  counsels,  fell  under  any  question  or 
yotiisbment  for  example  to  others,  and  the 
.Y«y  inventors  and  ringleaders  were  not  so 
Hoch  as  spoke  to  about  it.    Whilst  the  good  sir 
John  Moor,  and  sir  D.  North,  &c.  were  scru- 
thiated  over  and  over  again  ;  and,  if  they  had 
■otbeen  beyond  all  exceptions  candid  in  all  that 
Afltydid,  as  regular  nia^strates  in  the  city, 
Ihoy  had  been  trounced  tor  it :  and  even  the 
aahea  of  the  dead  were  not  let  rest  in  peace. 
So  fiur  hath  grow  partiality  and  animosity  to  do 
in  popular  flustious  times  of  clamour. 

^  But  one  attempt,  which  failed,  shews  the 
deai^  of  those  peraons  who  had  been  in  the 
ActHins  list  agamst  king  Charles  2.  For,  in- 
ataad  of  calhng  to  an  account  tlieir  own  friends 
the  regulators,  who  were  hot  and  reeking, 
being,  l>y  the  revolution,  but  just  driven  from 
their  work,  they  took  on  occasion  to  offer  to 
the  parliament,  by  way  of  rider,  two  clauses  ; 
4ha  effiBcl  of  whom  was  to  disable  all  those 


persons,  who  had  been  concerned  in  the  sur- 
renders and  renewals  of  charters,  from  voting 
in  elections  of  meinbere  to  serve  in  jtarliament. 
These  carried  a  retrospection  into  that  king's 
reign  long  before  llic  nouses  justly  cumpiaiucil 
of;  and  when  grand  jury  men  and  justices  of 
the  peace,  and  soon  after,  most  of  the  intelli- 
gent loyal  party  had  interestcni  themselves  for 
obtaining  a  reformation  of  some  wretched  and 
mercenary  corporations ;  and  the  humour  was 
so  general,  that  the  few  of  any  ueconnt  in  the 
nation,  who  v/ere  desirous  to    be  owned  for 
royalists,  whether  for  real  o]iinion,  or  following 
the  example  of  others,  or  out  of  a  gaiety  of 
behaviour  on  the  government  side,  as  it  was  a 
mode  then  (and  the  like  hath  been  more  than 
once  since)  but  were  all,  one  way  or  other,  con- 
cerned in  those  aflairs.     I  say  idl  those,  nmch 
the  gresiter  and  more  valuable  ])art  of  the  na- 
tion, were  to  be  swept  out  of  their  right  of  vot- 
ing at  elections  all  at  once ;  and  that,  without 
any  summons,  charge,  orheiiring,  or  any  sen- 
tence of  deUct  pasMrd  upon  tlieui.     This  must 
have  procured  rare  elections  for  the  church  and 
monarchy.     But,  tA\cx  diverse  and  great  de- 
bates, these  swinging  clauses  were  thrown  out 
of  tlic  house.     Now  let  tlie  imlitierent  judge 
who  were  the  parliament  packers.     But  1  must 
not  forget  one  thing,  which  is   for  the  honour 
of  some  of  the  bishops,  then  newly  deprised, 
who  in  the  former  rcign,  haznnled  their  per- 
sons and  estates  (then  Bonrishin«^)  tor  the  de- 
fence of  the.  Church  of  England  against  Po- 
pery :    Now,  although  deprived  of  all  exercise 
of  authority  and  revenues,  employed  their  i  n- 
deavours  to  preserve  it  against  the  fanatics. 
For  they  directed  their  conversation  all  tliey 
could  (and  they  had  nothing  else  ietl  them)  n) 
make  gentleinen  sensible  of  ilie  design  and 
large  scope  of  this  pniject,  and  one  of  them  in 
particular  procured  the  writer  of  these  i»a}>ers 
to  publish  a  small  pamphlet,  while  the  matter 
was  depending,  to  expose  the  wreiehijdness  of 
tliese  clauses,  which    many  thought  went  a 
great  way  in  creating  a  right  understanding 
of   them.      For    the    prinnoun-s    were    very 
angry,  and  caused  to  be  wrote  an   invt'clive 
by  way  of  answer,  letting  fly,  at  all  udvcnturos^ 
against  a  noble  peer  (lately  created  ol'  Guern- 
sey') supposed  to  be  the  author  of  it,  with  as 
much  justice  as  all  the  rest. 

*'  So  much  of  the  business  of  charters  at 
large*     1   might  have  made  myself  work 


]  STATE TRIALS,34Chailes  11.1682.— /VM(edis^»6eitc«M  (A*  Kiij  [IW 


II.  A3  tn  the  bnvin^,  plcetia^,  making;,  and 

caiistiiiilin^  Slieritfi  of  Loudon  anJSlid- 

dlcscx,  tliiiV  plead. 

That  they  are,  and  time  out  or  mini}  were,  a 

bodv  pnlillc  ajid  cor|M)rate,  n»  (veil  by  llie  name 

of  Blajor    and   Commonaity,    aoil   Citizeus, 


cnoii^,  if  I  had  gvne  about  to  have  gfUbered 
^1  tile  particular  rases,  wHb  Iheir  circuin- 
sfancei,  nhicb  vrould  have  made  a  just  vnlume, 
to  be  iTufaed  for  rather  thao  Fx|>ecled.  But 
the  author,  irhum  I  am  nbllgcd  to  wait  upoa, 
hath  IhouKhl  lit  to  touch  only  ilie  case  of  lAm- 
dan  upon  the  <luu  Warranto  proaeculed  sKaiDBt 
that ^««t city  ;  and  1  Kboiljoin  issue  niuhinu 
there,  and  consent  thai  tho  justice  of  the  pro- 
ceeding, and  the  honesty  of  bis  acrount,  sliall 
be  deteTfniiiHl  ncuording  to  tlie  stait  of  that. 
This  great  city  h  bs  among  the  RBrlicst  that 
were  qne^nioned  at  law  lor  Rirfejlure;  and  I 
ehall  reuturi?  to  say  with  mure  of  reaHon  than 
any  other  in  England.  For  what,  in  iho  name 
of  jiwtice,  had  (he  gorcmiDent  to  do  when 
Ignoramua  ntu  mounted  in  Cathedra,  and  tbrre 
was  ■  det'larnl  stop  nut  to  all  state  eriminal 
bw,  to  tay  nothing'  of  the  ordinary  aniTciTil 
dime,  and  how  factioualy  pailial  it  iraa  carried 
OD  iu  London  and  Middl'ese^ci'  It  wax  indeed 
A  daDgesDus  case  to  the  public,  and,  in  other 
time*,  bad  (irobaWy  intruduonl  precHenta  of 
Authority  and  prerogittive  that  would  have 
lasted  longer  tban  that  law-suit  did.  Ill  ac- 
tious  give  colour  to  mischievous  precedents  ; 
nnd  there  are  scurvy  maxims,  as  '  omt}ia  dat 
■  quijustn  negat ;  i)iiad  remediodesliluiluriiisa 
•  te  valet,'  and  the  like  ^me  governments 
have  resorted  to  force,  and  jualilied  it  upon  the 
bare  pretence  uf  less  than  was  true  here.  The 
city  of -London  and  county  of  HiddleEex,  re- 
■oecting  the  safi^ty  of  the  government,  as  it 
uiould  be  guarded  by  law,  is  of  ihc  last  conse- 
quence to  the  crown  ;  because  the  govem- 
(nent  resides  there,  and  all  its  enemies  gather 
about  it.  llis  an  unparalleled  error  of  politiis 
in  the  people,  wlien  they  thint  to  deprive  their 
goveniinent  uf  tlie  power  of  punish  inr  capital 
offences  by  law,  and  no  less  when  such  course 
is  taken  to  discourage  it  by  popular  miaMin- 
Etructions  and  caliimHics,  as'it  was  scandalous- 
ly done  in  this  instance,  and,  by  the  author, 
mteraled ;  I  hope  there  will  never  be  known 
the  like  folly.  1  desire  to  ask  the  most  ilis- 
Eatisfied  persoQ,  when  wrong  is  done,  what  is 
the  course,  going  to  law,  compulsion,  or  figlit- 
ing  t  And,  presuming  the  answer,  I  aafc 
farther,  whether,  afur  the  sovereign  and  his 
authority  \i  ere  so  outrageously  insulted,  was 
it  not  an  instance  iif  a  just  and  gracious  govern- 
ment to  decline  the  tisu  of  power  upon  the 
nason  of  neicssily,  and  resort  to  the  law  hefore 
judges  sworn,  and  to  pursue  it  in  all  tbe  lorins 
ofprocess  and  s)iecial  pleudi^  ?  Government  in 
in  a'»ery  hard  case  if,  having  both  right  and 
power,  11  may  not  make  use  ot  oitlier.  It  hatli 
«  ridicidous  pbix,  like  the  fuMe  of  tbe  old  tiian, 
hii  osa,  and  a  boy,  before  the  incaoaijitible  v  ul- 


'  iquam  per  OMnen  civiutn  London.'  Aod  llA 
king  Jonn,  by  his  letters  patenti  ondtr  &> 
gT«at  seai  of  England,  in  court  produced,  dital 
ath  Jnlii,  oDDo  regni  sui  prirao.  gnuicd  l» Itt 
citizens  of  London,  that  they  thould  httedf 
electing,  making,  and  coDstitDting  ihcnft  J 
London  and  Miiidleses  imprrptiMMa. 


gar.  Il  is  the  part  therefore  of  indifiercntel 
to  take  things  right,  and  detiv  nothingK  it 
prejudices,  that  taction,  to  justify  ihmwb^ 
woidd  cast  upon  tlieir  betters,  .vpcciBlly  afc 
way  here  bclore  us,  by  eettiug  upatoolrfl 
writer  to  metamorphose  tbe  libel*  of  the  DM 
into  what  he  cMts  Complete  Uistmr.  « 

"  Asfof  the  forms  of  lheptooeeuii^a|iMj 
the  city  of  London,  and  the  mauvs  vf  Iff 
argue^l  pro  and  am,  with  the  judgm  fitnl  h» 
tence  that  the  corporation  of  the  dly  he  «imiI 
into  the  king'k  haoils;  tlte  whide  i>  at  UrHli  < 
print  ill  a  tolio  volume,  being  a  fAniaiBlf*- 
case  which  every  one  may  sludy  th»l  ii »  i» 
posed.  Therefore  I  shall  nut  makeuuv  fvmli 
report  of  it,  but  touch  the  principal  laaiim  B* 
hifitorieal  way  only.  And  tint,  at  to  the  Im, 
upon  which  the  process  was  grouodnl ;  akiii 
was  that  all  tiranchisei  whatever,  iltrivrdbaa 
the  crown,  are  forfeited  by  abuser ;  thou  whiik 
nothing  is  more  trite  in  tlie  law  booJu,  !■ 
more  especially  such  as  con<:rm  the  coosffW 
lion  of  tne  peace  and  Juslic«'.  Then,  tba  iki 
corporation  was  a  franchise  derivoi  ftmi  lbs 
crown,  and,  for  every  uulawfu)  ncldmw  bvike 
body,  was  Eeisable,  lor  the  abuser,  as  fnlciKA 
So  was  the  law  taken  to  be  :  As  for  tfactortil 
appeared  the  corporation  had  donedivtrsum- 
lawful  facts  ;  and,  abouLihe  time,  tben:  wu« 
paper  banded  to  and  Iro,  that  cnntaiiicdtMor 
tuelve  mis-feasances,  which  were  prcsamid 
would  amount  to  a  forfeiture  :  ftut  not  ali  wA 
equal  deamess :  for  some  admitted  of  di^it 
All,  lor  instance,  this,  that  they  pennitttd  tii 
did  not  Buppresk  the  outrageous  tumults  in  tte 
city.  For  the  corporation,  being  enlnixedb} 
lludr  ruagistrotes  to  preserve  peace  m  the  olt. 
ought  not  to  suffer  tumults,  but  to  supptes  W 
punish  them  ;  which  ihcy  did  not  so  muck* 
endeavourto  do.  But  then  the  counsel  fiirlk 
ciiy  might  have  stood  upon  it,  that  iho 
was  tbe  limit  of  the  magistratei!,  and  not  of  da 
body,  and  that  they,  in  their  peisoos,  ougbl  U 
be  punished  fnr  their  lault,  and  not  tlie  catp* 
rate-body.  To  prevent  all  colour  of  ducm 
upon  such  uMWuiils,  cai«  was  tJikcn  to  Mlit 
two  facts,  to  be  assigned  for  furftuturc,  whidh 
were  unquestionahlv  unlawful,  and  indubilaUj 
the  proper  acts  of  tfic  corpomuon. 

"  The  first  of  tlicse  was  a  petition  of  ihr  ri?. 
framed  and  ordered  by  the  common  cwinnl.  I* 
tlie  kinff  liir  sittitig  of  (be  ftarhamml.  !• 
?h  iTiey  accuse  the  king  directly  uf  luefi^ 
at,  and  stopping  the  public  jutiicc  ol  ihl 
with  other  Bbuiniuable  relkcluig  «»- 
hich  in  iidi  tbnu  (he  <<oidiim 
council  ordered  to  be  priuied ;  and  it  nat  ff^ 
ediipinthecaribursand  public  pl»c«*  of  i  ' 
iu  the  oity ;  nhich 


which  tl 


ibUc  plsc««  of 
pubUcalMn  1 


®]      STATE  TRIALS,  34  Charlss  II.  l682.— «idf  the  City  of  London.     [1050 

to  the  mayor  and  commonalty,  and  citizens  of 
tlie  city  ot  London,  That  the  mayor  and  alder- 
men of  Lfondon,  such  6t*  them  as  had  beuii 
mayors,  should  be  justices  of  the  ]>eace,  and 
should  hold  sessions,  et  t'o  uarranto  they  claim 
to  be  justices,  and  hold  sessions. 


they  plead  this  liberty  and  franchise 
firmed  to  them  by  all  the  aforementioned 
mes  and  charters,  ac  to  warranto  they 
m  to  make  and  constitute  sheriifs. 

II.  As  to  the  Mayors  and  Aldermen  beings 
Justices  of  the  Peace,  and  holding  8es- 
nons,  they  plead, 

rbat  the  city  is,  and  time  out  of  mind  was, 
tadent  city  and  county,  and  the  citizens  a 
hr  politic. 

Ami  king  Charles  the  First,  by  his  letters 
oils^  dirtid  18th  October,  14  Car.  1,  granted 


The  other  forfeiture  was  by  like 
i«  laiiiag  money  upon  the  king's  subjects 
■ingto  me  public  markets,  at  rates  as  they 
le  pleased  to  tax ;  which  markets  are  free 

■U  people,  and  may  not  be  turned  into  a 
id  of  revenue  at  the  pleasure  of  the  corpora- 
B..  These  forieitures  were  no  peccadillo 
Set ;  but  small  or  great  alters  not  the  case, 
'  it  ii  not  ralue,  but  Icgalitv  makes  the  ques- 
b:  For  the  least  unlawful  act  is  aforfeituce 

tnilv  as  the  greatest.  It  was  enough  if 
Me  tacts,  that  were  asssigiied,  would  not 
Mit  of  any  colourable  dispute.  The  cause 
pcnded  a  long  time  upon  the  forms  of  special 
Mding,  in  (mier  to  come  to  proper  issues, 
Mtber  to  the  court  by  denmrrer  or  to  the 
DDly  for  trial ;  and  of  all  the  several  pleas, 
n,  rejoinders,  rebutters,  surrebutters,  6lc. 
t  paUic  were  made  pudges  by  the  favour  of 
e  press  that  sent  them  forth  in  tlie  very 
Mos,  and  an  English  translation  annexed; 
aich  jargon  was  conned  over  by  the  common 
opfe  with  wonderful  seriousness.  Tiiere 
■  to  be  seen  the  whole  fabric  of  Oates's 
t,  and  the  cases  of  the  criminals,  partictilarly 
I  fi?e  lords  in  the  Tower  under  impeachment, 
idy  (or  trial  when  the  parliament  should 
let,  which  was  pleaded  in  justification  of  the 
ellous  petition :  What  could  resist  that  pow- 
■1  charm  ?  The  learned  counsel  could  plead 
tbnn  a  justification  of  a  scandal  upon  tho 
ig  posted  in  print,  that  knew  by  law  no  jus- 
eatioD  can  be  pleaded  even  in  a  <»se  of  Scan- 
lui  Mttgnatum  against  a  peer.  And  when 
says  expressly  that  tne  king  can  do  no 
9  how  comes  it  to  be  lawful  or  tolerable 
him  for  having  done  it  Y  But  when* 
ikm  has  to  do,  every  thing  must  give  way  ; 
I  all,  that  is  for  them,  is  regular  and  just, 
I  nothing  else. 

'  In  fii^  the  counsel  for  the  city  did  not 
ik  fiC  to  deny  the  facts  assigned  fur  the  f  br- 
nre,  wberebv  issue  might  have  been  joine<l, 
I  a  trial  had  tf»  prove  them.  But,  in  the 
of  the  especial  pleailing,  the  facts  were 
ed  by  insisting  to  the  court  that  the  same 
amount  to  a  forfeiture ;  and  in  tine,  the 
IS  joined  to  the  court  by  way  of  demur- 

which  admitting  the  facts  to  be  true,  f  or- 

re,  or  not,  was  the  only  question.  This 
ch  abortened  the  caustr ;  for  nothing  was  to 
lone  by  the  court  but  to  lurar  uri^unicnts, 
I   iAer  coinktaratioD|  to  give  judgu&cut. 


Reipons* 

To  this  Plea  the  Attorney  General  replies. 
And  as  to  the  Mayor  and  Commonalty,  and 
Citizens  of  London,  being  a  Body  PoUtic  and 
Corporate, 

And,  accordingly,  time  m  as  gi>  en  to  the  coun* 
sel,  term  afWr  term,  and  solemn  prolix  argu- 
ments beard  twice ;  and  then  after  a  consi- 
derable time  past,  the  court  gave  judgment 
for  tlie  king ;  that  the  franchises  should  be 
seized  into  the  king's  hands.  All  which  noat- 
ters  are  punctually,  as  to  times  and  circum- 
stances, published  in  the  print ;  therefore  I 
refer  to  them,  being  not  in  my  scope,  which  is 
chiefly  to  explain  so  much  as  may  dissolve  the 
author's  sopliistical  libel.  And  that  \iillre- 
(juire  some  material  passages  to  be  more  par- 
ticuku'ly  related. 

*'  And  first,  as  to  the  defence,  I  did  not  find 
that  the  city  counsel  insisted  on  any  thing  ma- 
terially, that  went  to  the  whole  case,  but  only 
this,  viz.  That  a  corporation  was  immortal,  and 
dissolvable  only  by  the  act  cf  God,  as  by  the 
natural  deaths  of  all  the  members.    But,  as  to 
the  particular  facts,  they  said  tlie    common 
council  were  but  the  city's  deputies,  and  a 
principal  is  not  punishable  for  crimes  of  his 
deputy;  so  they  might  c(»mmit  any  misdemean- 
uors,  and  tlie  city  be  not  the  least  affected  by 
it.     And,    as    to  their  markets,    they   had  a 
custom  to  mak<:  by-laws,  and   the  common 
council  taxed  the  market  fulks  by  way  of  by- 
law.    This  Mas  the  maiTow  of  their  defence : 
but  it  is  spread  very  thin,  and,  in  the  argu- 
ments, larded  Mitli  a  world  of  quotations,  in 
which  the  other  side  were  not  wanting.     For 
the  counsel  fbr  the  king  at  large  insist^  that  a 
corporation  is  a  franchise,  and,  in  all  the  books 
and  (^uo  Warranto  cases,  passetli  under  that 
title ;  and  whatever  it  is,  it  is  capable  of  no 
amendment  but  seizurt*.     it  nmst  Ite  lawless  or 
scizable ;  and,  for  the  notion  of  immortality, 
it  is   a  chimera   of  invention,    absolutely  a 
stranger  to  the  law  and  the  law-lKxiks.    'thai 
tlic  common  council    was  tlie  representative 
bo<ly  of   the    city    Corporulittr   Congregati^ 
and  the  only  means  by  which  the  city,  as  a 
corporation,   can  act  extraonlinarily  to  Innd 
theinseUes  and  all  the  meiiiliers.     And,  as  fur 
by-laws,  grant  all  they  say,  they  c:aii  extenil 
no  farther  than  to  conclude  their  own  members, 
but  not  to  tax  the  people  of  Kngland  for  coming 
amongst  them  on  tlieir  lawful  occasions.     But 
as  it  happens  in  all  great  cases,  where  n'Hson 
and  justice  is  wanted,  a  fatre  of  assuninci!  is  the 
•SuccMlaneum  ;  so  here,  there;  could  be  no  liiw 
so  plain  as  to  convince  a  party  that  tlie  city  uas 
iu  the  wrong  in  any  thuig,  uccauw!  they  wcra 


a  great  way  to  posscisa  all  people  tliat  this  pn)- 
eeoding  a^nst  London  was  a  tyrannous  pro- 
ject of  the  court :  And  il*  tht*  occasion,  or  mlhur , 
necessity  of  it,  had  not  btren  most  evident  be- 
fore U»e  eves  of  all  men,  they  bad  made  very 
ill  use  of  It  a.s  l:»  consequences.  But  there  was 
then  enough  of  the  church  and  loyal  ]>arty  in 
full  credit  at  that  lime,  especially*^  ciliztus,  to 
stem  that  orage  of  faction.  But  ^et  the  im- 
pressions were  not  slight ;  for  nothmg  is  so  de- 
ceitful as  popular  opinions  of  the  vul^^ar  in 
popular  iHaltin-s ;  and  there  is  nothing  so  Ibnd 
jn  them,  which,  more  or  less,  is  not  found 
in  some  persons  of  quality  and  literature  emi- 
nent in  their  time,  of  whom  one  would  eTi>ect 
bettcf. 

*'  It  is  not  to  be  imagined  that  the  king  in- 
tended the  least  harm  to  the  city  itself  by  this 
judgment ;  and  most  of  the  citizens  of  credit 
were  thereof  satisfied,  and  ready  to  have  trust- 
ed the  king ;  and  they  were  in  the  right,  for 
the  king  deceived  them  in  nothing,  as  will 
apear.  In  the  first  place,  care  was  had  of  the 
city  that  the  jadffment,  pronounced  upon  the 
duo  Warranto,  uiould  not  be  entered  uoon  the 
record  of  the  plea,  till  his  majesty^s  pieaiure 
should  be  farther  known.  This  was  rar  cau- 
tion, lest  some  customs  or  duties,  that  depend- 
ed on  the  corporate  capacity,  mi^t  fall  and 
not  revive  upon  a  regrant.  Andit  ahogave 
the  city  time  to  advise  among  themselves  abont 
renewmg^their  charter,  as  might  be  done  with 
confirmatron  of  the  old,  and  grant  of  some  new 
privileges.  But,  as  to  the  governing  part,  and 
the  law,  the  king  required  some  regulations 
should  be  made,  for  obviating  the  recrudes- 
cence, of  those  Ignoramus  abuses,    for  tlie 

4*ii4iivo      flia#    Yin«1     liAnn     m^     a«Hintfla1miG     liAAtn0 


the  king  with  the  petition,  and  fa 
ed  it  to  him  &t  NVindsor.  And 
liord  Keeper  North  cogniiied 
pleasure  to  tliem  in  a  solemn 
ht!ite$  the  condition  of  the  wh( 
theveusonr:,  biiirrthau  1  can 
and  as  shortly  as  it  can  well 
therefore,  although  it  is  in  pi 
once,  I  shall  subjoin  it  verbatim 
June  18,  16113.  And  this  1  aic 
to  do,  because  Qur  author  and 
some  (;uarp  words  about  it. 
*'  *  My  Lord  Mayor ;  I  am 
command,  to  (ell  you,  that  he  1 
the  humble  i>etitiou  of  tlic  ci 
where  so  many  of  the  present  x 
other  emineiit  citizens,  are 
loyalty  and  aiiV:ction  to  his  se 
their  sakcs,  his  majesty  will  si 
the  favour  they  can  reasonably 
very  long  behire  his  miyesty  H 
to  question  tbdr  chaiter ;  ikwi 
tious  discourses  in  ooifee-hmis 
able  pamphlets  snd  Ubels  dail; 
dispersed  thence  into  all  parts! 
the  outrageous  tumults  in  the . 
afllronts  of  his  courts  of  josi 
him  do  it.  His  majesty  had  ] 
erders  were  grown  to  that  hog 
less  seemed  tobedesincdm 
government  both  in  uoich  i 
Uie  factioiui  party  were  not  c« 
practice  of  tliesc  insolenees,  I 
to  liavc  iheni  publiely  eocuri 
magistrates,  and,  for  that  end, 
they  stickled  to  choose  the  n 
hito  offices,  and  carried  themi 


l\«»nt 


anil   t'l 


ml*ntfN*     ikkmt  it  ivnr 


STATE  TRIALS^  34  Charlv.s  II.  l682.— fliirf  the  City  of  London.     [1054 


ui^  t]ie  king's  peace — Under  coloiir 
.'tfxt  tlierrof,  Init  respcdiii^f  only  their 
train  on;)  pntlit,  and  against  the  trust 
iy  <'»»rnorr.t*.*  hy  t!io  laws  of  this  king- 


dom reposed,  assumed  an  iinlau  till  ami  unjust 
authority  to  levy  money  upon  the  king's  sub- 
jects, to  their  own  nn>j>er  use,  by  colour  of 
laws  and  ordinances  by  them  dt  facto  ordained 


hio  ^\  arranto,  it  is  not  his  intention  to 
lice  thcui  either  in  thi-ir  ]>ropertics  or 
ns.  Nay,  lest  the  entry  of  the  judg- 
upon  rccnrd  mipfht  have  fatal  conse- 
e  to  them,  his  majesty  was  so  ttMnkr  of 
that  hr  raust'd  Mr.  Attorney  to  furbrar 
line  at  iiresent,  that  the  city  might  have 

0  consider  their  con<lilion.  ' 
ilv  loni :  I  must  needs  snv  the  citv  hath 
eu  so  well  advised  to  deter  their  a|»]>lica- 
>  his  majesty  so  long,  even  till  tho  iMurt 
pronounced  judgment ;  it  had  been  done 

1  much  Itetter  grace  if  it  had  been  more 

His  majest}''s  affection  for  the  city  is 
Toat  to  reject  their  suit  for  that  cause. 
iirthat  reason,  you  will  have  less  time, 
liberate  upon  the  particulars  the  kinij' 
vquire  «if  you  :  And  indeed  there  will 
de  need  of  ddiheration  ;  for  his  maj(>sty 
rpsolred  to  make  the  alterations  as  few 
.s  easv,  as  may  lie  consistent  with  the 
(•overnroent  of  the  city,  and  peace  of 
ingdoni. 

ffis  majesty  reqtiires  your  submission  to 
:  rc^ilations : 

I.  That  DO  lord  mayor,  sheriif,  recorder, 
DOD  Serjeant,  town -clerk,  or  coroner  of 
ty  of  London,  or  steward  of  the  borough 
Kithwark,  shall  be  capable  of,  or  be  ad- 
d  to  the  exercise  of  their  respective 
i,befiire  his  majesty  shall  have  appro\^ 
wider  his  sign  maiiual. 
!.  That  if  bis  majesty  shall  disapprove  Ibe 
e  of  any  person  to  be  lonl  mayor,  and 
\  the  same,  imder  his  sign  manual  to 
ird  majror,  or  in  default  ol  a  lord  mayor, 
ereconler  or  senior  alderman,  tlie  city 
within  one  week  proctvd  to  a  new  choice ; 
F  his  majesty  shall  in  like  manner  dis- 
fft  the  second  choice,  his  majesty  may, 
•0  please,  nominate  a  person  to  lie  lord 
>r  for  the  ensuing  year. 
>,  If  his  majesty  sliall  in  like  manner  dis- 
we  the  persons  chown  to  b<»  sheriffs,  or 
rsf  thein,  his  majesty  may  appoint  per- 
tobe  sheriffs  (lir  the  ensuing  year  by 
ui^i'ion  if  he  so  please. 

4.  Nevertheless  the  election  of  these  offi- 
ms}  be  according  to  the  ani'ient  usages  of 
city  with  these  restrict  ion >^. 

5.  The  lord  mayor  and  Ofutt  of  aldermen 
I  with  leave  of  fii.  »i.-.jc.«»t3,  d'splace  any 
tnan,  recorder,  c /ii  mm  serjtaut,  tnwn- 
^  coroner  of  the  said  citj-,  and  steward  of 
iirlborouifh. 

8.  rpon  any  elertioii  rjf  ar:\  :«IJi'iiiiini,  if 
uf  thi?  oei'^His,  iJiat  shall  hV  prcsc  ntrd  to 
MMKor  aMenii'.-ii  by  tho  war-',  sliuii  be 
Qfpnl  unlit :  upon  stw.-h  dc'-l:)i-ulio;i  by 
aw  court,  the  ward  sliiill  pri)*i.ii|  U*  tlie 
*  of  other  per joiis  ill  tho  room  of  such, 
>Aliiy  ofxhctii  as  arc  "541  disapproved,. 


*  and  if  the  court  shall  disapprove  such  second 
<  choice,  they  may  a])poiin  in  their  room. 


((  t 


7.  The  justices  of  the  jieace  to  be  by  tha 
'  king's  commission,  which  his  majesty  will 
'  grsnt  acconling  to  the  u.sual  method,  unless 

*  U|M)n  extraoniinary  nccasions,  when  his  ma- 
*jesty  shall  think  it  neceassary  lor  his  ser>'ioe. 

**  *  Tll<>^Xi  matters  are  to  be  settleil  in  such 

*  manner,  as  shall  be  appro^etl  by  his  majesty's 

*  attorney    and  solicitor  general  and  counsel 

*  hT.rnetl  in  the  law. 
«'  *  My  lionl  Mayor;  Tliese regulaliims  being 

*  made,  his  majesty   will   nnt  oul}'  |)ardon  the 

*  prosecution,  but  coufinn  the  Cliarter  in  such 
'  maniifT  as  may  be  consijftent  with  them. 

*' '  The  cit}'  ought  to  look  upon  this  as  a  great 
'  condescension  on  his  majesty's  part,  it  being 
^  but  in  the  nature  oi  a  reservation  of  a  small 
*•  part  of  what  is  already  in  his  power  by  the 

*  judgment,  and  of  tluise  things  w  hich  conduce 

*  as  much  to  their  own  go<Mi  au<l  (piict  as  to  his 

*  ser\ice.  If  the  city  should  look  upon  it  with 
'  aiiotliereye,aiid  neglect  a  sjieedy  compliance, 
*■  3'et  his  majesty  haUi  done  his  pait,  and  dc- 

*  raonstrated  liis  affection  to  the  city  by  giving 
'  theiu  this  opportunity.  And  if  there  shall  bo 
'  any  heavy  consef[uence  of  this  judgment, 

*  which  it  w  ill  bdiove  you  well  to  consicler,  the 
'  fault  will  lie  at  their  door  in  whose  power  it 
'  now  is  to  bring  this  matter  to  an  happy  cou- 

*  elusion. 
**  *  My  Tiord  Mayor ;    Tlie  term  draws  near 

*  an  end,  and  Midsummer-day  is  at  hand,  when 

*  some  of  the  officers  use  to  be  chosen,  whereof 

<  his  majesty  will  reserve  the  approbation  ; 
*•  therefore  it  is  his  msyesty's  pleasure  that  you 

*  return  to  the  city  and  considt  tlie  i^nunou 

*  council,  that  he  may  Eoeedily  know  your  re- 

*  solution  hereupon,  ana  accordingly  give  his 

<  diretlioDS.    Tliat  you  may  sec  the  king  is 

*  in  earnest,  and  the  nuitter  is  not  q^paUe  of 

*  delay,  1  am  commanded  to  let  you  know 

*  that  he  hath  given  order  to  his  attorney  ge- 

*  nerol  to  enter  up  judgment  on  SSatiutlay  next, 

*  unless  you  prevent  it  by  your  compliauce  iu 
'  all  these  particulars.' 

**  The  whole  speech  thus  lying  open  before 
us,  I  shall  demonstrate  that  the  author  bath 
most  disingenuously  and  shamefully,  not  only 
left  out  but  perviTted  to  libel  his  niajesty>^ 
most  gracious  regards  for  the  good  and  welfare 
of  the  city,  by  observing  some  matters  ;  and 
first  hib  note  upon  uhat  was  declared  at  pro- 
noimcing  the  judgment,  that  by  the  king's  spe- 
cial order,  the  judgment  was  not  to  lie  cntoru«i 
till  I'artlHT  order.  Now ,  says  he,  this  was  ge- 
nerally looked  upon  to  make  tlie  cili/ens rL*sign 
their  own  Lln-rties,  instesid  of  Iteing  condemned 
lO  a  dejirivaiion  of  them.  Here  is  |ioison  ga- 
there  •  fmui  a  i'.uwor,  that  is  coiistrninii;  a  gra- 
cii>us  tenderness,  which  1  can  affirui  kuA^« 
iugfly  to  be  truly  andieo^V^*  i^^&e^  V^Vi  ^  \x^v 


^1055]  STAT£TRIALS,34Chable6  1I.1 

or  establiitliPd  ;  and  io  prosecutinn  anil  execu- 
tion of  Bucli  ilte^l  and  unjust  pnv/er  snd  ail- 
Ihorily  hj  tbem  usurped,  I7th  of  September, 
96  Car.  3,  in  their  comoioo  council  aasembled, 

cberous  wile);  and  witltout  the  least  symptom  of 
evidence  to  j>roTe  what  be  uys.  It  a  both 
tbolith  anil  take:  For  the  condtmuatian  was 
|>erfcct  by  llie  judgment  pronounced ;  but 
the  conseijuences  of  tlie  judgnkent,  recorded, 
coacerned  only  llit  city,  and  not  the  king: 
Nay,  tlie  king,  and  also  the  people  in  general, 
might  liate  ^iieil  by  dtber  a  derolutiou  or 
cMuictiaD   ot    some    payments,   whereof  the 

aht  discouiinueiJ,  but  anhour,  were  irreoove- 
i|y  lost  to  tlie  city.  And  the  care  of  those 
and  lliat  il  nii^ht  be  id  his  majesty's  |>ower  en- 
tbvly  to  redinltgmtc  the  city,  tilioBe  dtminu- 
tioDin  any  (hing  he  did  nut  desire,  they  be- 
liaTiu^  tb'eiHseKes  dutifully,  was  the  true  rea- 
MD  ot  tlie  suspension.  Aud  this  piece  of  ma- 
lice U  scri^ened  under  '  it  was  looked  upon,'  tikat 
is  by  such  as  saw  with  libelbns  s|iectarles, 
that  tinctfd  all  objects  according  to  their  colour. 
"  Tlien  he  has  left  out  all  uie  introductoty 
part  of  ilie  speech,  which  shews  the  necessity, 
mtcKTity,  and  good  will  of  the  Lin^  in  ii'm  ptti- 
cecding; :  Bui  one  miuit  excuse  him,  for  that 
was  none  of  his  business.  But  he  Auds  ono- 
tber  reaaon  tor  the  sospeDtion.  Thus  he  bro- 
Iceoly  Ktalea  it  in  words  of  the  speech.     'That' 

though  'thckingliad obtained judirmenl,' 

*  it  WW  nut  his  iuteot  to  prgudice  tbem  in  tbelr 
'  jiropcrtiiTiorcusloiuB.'  The  luajictoua  tendency 
of  tliissenlcijccia  not  obvious;  but  ii  consists 
in  this,  that  the  king' knew  the  judgment  itself 
was  a  prejudice,  thai  is  a  wrong,  to  the  cily  in 
tbeir  properties  aud  custuins.  tVe  are,  by  his 
text,  to  undei-slBod  theinBUerso,although  no- 
thing can  be  more  alien  in  sense,  than  tiint  is, 
to  the  purport  uf  the  speech.  But  the  raeta- 
tnorphosij  isdexterously  made,  by  a  pelit  alte- 
ration of  the  w<n^l  'though'  put  m  the  place  of 
'  now.'  Which  ought  to  be  well  attended  to  ; 
for  the  '  now,'  as  il  is  in  the  speech,  looks  for- 
ward, and  costs  the  reference  from  the  judg- 
ment upon  I  lie  consequences :  That  is,  the  king 
is  possessed,  bul  is  willing  to  quit  all  to  tlieni 
upon  their  compliance,  and  attends  their  an- 
swer. But '  tlioug:h'  refers  back  tothe  procced- 
iugs  betbrc  the  judgment,  even  to  the  first  pro- 
cess, aod  rests  upon  the  judgment  itself  as  in- 
jurious, ^c.  if  it  look  place  ;  and  so  makes 
the  kiogpurge  himself,  as  saying  he  did 
mean  them  such  an  injury  as  Uic 
which  is  the  same  thing 


'<82.—ProcKdmg9  mgMbuUke  Kkg  [\ 

made,  constitoted,  and  published 
by  them  ife/airfo  en  acted ,  foe  iheki^iii^ 
seveml  mims  of  money  of  all  ifacbi^'ii^ 
jects,  <»ming  to  the  public  matkelt  •Ibill 


c  judgment 
was,  or,  which  is  the  same  thing  m  his  sense 
■■  injury,  that  is  prejudice.  The  speech  means 
that  the  city  was  warned  not  to  let  such  a  pre- 

{'uilteerun  (since  the  king  had  his  judgmem) 
lyprevenliiig  the  entry  ;  butthe  autli 
that  tht  '  ■  


kini;  owned,  by  his  kccjier,  that,  if  he 
-juilgment,  il  was  a  prejudice;  which, 
being  in  properties  and  customs,  that  is  rights, 
must  mean  nTOug  and  injury,  as  I  said  belore. 
»  Another  case  of  the  author's  ingenuity  is 
hi*  carrying  the  eondiliona  no  taillier  liian 
If  3,  whereas  they  go  on  to  N"  T  ■  tad  the 


very  neit,  that  is 


d  gover 
is  be  to 


cbewi  thai  Ikte 
ommaDOMMtfll 
city.     And    ihe    rest   shewc   &t  Mpa^ 
touching  the  lord  niayor  and  aUtma'i^ 
thority  m  the  placing  of  officer*  «f  u  iaU| 
rank.     In  short,  the  King  reaerred  ati)  a* 
probation  of  those  oSictm  ibal  m  niDcd  V\ 
which  he  might,  if  he  saw  cause,  njiict.  if  ill 
city,  or  a  pre«uling  faction  iW«,  hhwid,* 
fonoerly  they  had  done,  rhoasc  mcDirtai^ 
tlie  declared  enemies  of  his  perwo,  ttiitif 
lent.     And  if  it  be  niil,a<nUll 
ipose  officere  upon  iho  ci^  A 
trarily  f  I  answer,  would  it  not  be  utbrai 
worae,  for  a  faction  in  the  cily  loirti|nc< 
cent  upon  the  crown  arhitiarily  .'  ilnl  sqM 
it  to  be  the  city  itself,  and  not  only,  a  Ml 
was,  a  faction  ;  if  it  must  be  ouc  or  <ite.i 
desire  to  know  whose  trust  is  grnlcM^  A| 
kinif's  or  their's?  And  on  which iidt  1^ 
posing  ought  Id  fall  P  On  the  jnivcnM 
cilics,  that,  like  the  rest  of  Eogliad 
county  sheriffs  are  nominated  by  ibe  U 
to  begoveniedi'  Whatever  truct  itn| 
tliem,  IS  (or  the  sake  of  goverumeot,  l 
the  trust  of  the  crown  so  lar    dtl^ 
them  i  and  then,  if  one  most  bare  ft 
impose,  the  principle  or  delegUe,  wtuA 
in  common  reason  and  decency  to  bet 
is  to  be  noted   that  all  the  offices,  (ul 
this  approbation,  are  those  that  beknglij 
Terunienl.     Other  offices,  that  bdme  M: 
city   revenues  and   private   lEconony,  « 
chamberiain,   sword -hearer,   Sec  are  lU  ■ 
free  and  untouched;  but  no  notica  i(  Ij* 
author  taken  of  that  part  of  the  speodi-  * 
as  to  imposing,   which  the  factioiB  U^ 
much  exaggerated,  there   was  oolhio(ii 
Hepublican  cant  in  it,  that  carries  sU  IMf 
extremity;  such  as  ages  upODagHtHJ 
produce;  whereas  the  evil  lo  beeuKdMj 

3uent,  and  now  flsgraut.  It 
ered  that  the  crown,  for  n 
enODgh,  would  never  be  apt  to  P*^^^^™ 
offence  ;  nor  would  the  power  rf  ipfri 
be  exercised  by  arefusaluf  any  whom  ' 
world  wouM  not  say  were  necessanr  nj 
fused  ;  and  the  city  itself,  veil  taJj 
that  power,  would  never  be  trouUed  wilt' 
lino  so  much  as  to  labour  clectiooi  lUUH 
jected.  Therefore  all  those  prKeM«(i|l 
agreeing  with  the  king,  with  which  IM 
tion  blinded  the  eyes  ol,  and  dared,  Ihl 
from  appearing  for  it,  waie  M 
than  Republican  Fucus.  And  the  X 
yet  himself,  for  there  are  two  clauW_l 
spi'ech,  very  material  as  to  denial 
majesty's  candor,  which  he  bath  * 
out,  and  given  no  minute  account  of  ■ 
Ihe  matter.  1  do  not  reiterate  them  b« 
lai  they  may  be  obvious  io  the  ixdiMi 
1  shew  ut  tha  nuia  that  the  viUior  M. 


r.' 


:ffi 


STATE  TRIALS,  34  Charles  IL  ifiSi^^— muI  ike  City  of  JUmdan.    [i05t 


kII  their  proviaions,  tiz.  Of  every  per- 
every  lione-load  uf  proTinons  into  any 
nnjrket  within  the  said  city,  brought  to 
.  per  day.     For  every  dorser  of  provi- 

every  thing  that  looks  fair  npon  the 
and  extracted  all  that,  with  the  com- 
:  of  hit  art,  might  look  ill  or  tyrannical, 
onks,  I  hiwe  put  all  his  ejctracts  of  the 
in  a  distinct  character,  which,  oom- 
ith  the  whole,  shews  how  better  and 
lay  be  coanterchanged  if  such  liberties 
irad. 

i  this  author  of  our's  is  not  content  to 
!  snppresis  to  serve  his  tibellous  purpose, 
ctly  falsifies.  For  example,  the  speech, 
notice  of  the  better  grace,  ii  more 

»y«> *  Tik9t  his  majesty's  affec- 

r  the  dty  is  too  ffreat  to  rejact  their 
r  that  cause,'  that  is  for  the  tardy  ap- 
I.  This  1  think  is  plain  English.  But 
it  whh  him  ?  *  However  lus  majesty 
not  reject  their  suit  if  they  agreed  upon 
tienlars  the  king  now  requir^  of  them.' 
English  too,  but  no  part  of  the  Lord 
^  Speech.  For  the  clause  imported  a 
ion  of  the  kingf's  affectimi  for  the  city 
I,  that,  however  he  might  justly  have 
iRtaste  at  thnr  not  applying  till  judg- 
ainst  them  was  prouonnced,  yet  out  of 
I,  he  would  excuse  them  so  iar ; 
pon  the  matter,  in  his  majesty's  inten- 
ras  the  same  as  if  they  had  applied  at 
nI  not  given  any  occasion  of  oftence. 
ethe  author  sinks  all  that,  and  repre- 
e  king  as  higgling  to  make  a  bargain 
!m,  or  throwing  out  to  invite  them  to 
e  his  pardon  b^  accepting  the  terms ; 
t  were  whccdhng  them,  and  the  law 
e  nothing  at  all.  8uch  a  maulkin  doth 
i  of  majesty  in  this  affair !  But  all  in  of 
;  none  can  say  the  author  is  rum  com- 
m  this  new  work  of  his,  he  is  never 
liiBself,  that  is  in  his  design,  which  is 
d  libel.  But,  in  bis  method  of  pro- 
I  he  is  a  very  Proteus  ;  ibr  he  could  on 
casions  as  to  give  a  true  state  of  the 
bring  in  two  hideous  long  siieeches 
t  berause  tliey  were  all  partial  and 
,  crab-wiso,  to  h\n  side:  but  Iierc  a 
that  states  the  dealing  of  the  sovereign 
e  great  chy  of  luondon  uponaseisure 
eir  franchises,  than  which  a  greater 
Ufa  scarce  hapiioned  in  any  reign,  must 
gled,  depraved,  transposed,  and  altered 
vand  form,  to  serve  a  false  turn.  An 
m  wouM  have  esteemed  it  an  original 
left  value  in  such  an  incitlont,  to  ac- 
h  his  relation,  by  giving  it,  fM>  material 
f  period  of  it  was,  in  the  very  wonts,  or 
ig  brevity-)  a  full  and  true  extract  of ' 
leof  it ;  nut  an  historian  anti  a  libeller 
iftrent  as  hawk  and  buzzard. 
■ther  scandalous  concealment  of  tlic 
It  the  whole  train  of  consequences  upon 
nre,  lie  says  indeed  that  the  common 
'iteramed  by  a  majnitty  of  18  voices 
▼III. 


sions,  6d.  per  day.  For  every  cart-load  not 
drawn  whh  more  than  three  norses,  4i/.  per 
day.  If  drawn  with  more  than  three  horses, 
6a.  per  day.    And  that  these  sums  of  money 

to  submit  to  the  King's  Order  of  Regulations. 
Tlie  prqner  wording  should  have  been  to  the 
King's  Ofler  of  Regulations ;  but  he  thinka 
the  other  ]o(^s  more  tyrannous.  And,  as  to 
what  was  done  afterwards  for  the  city,  and  the 
authoriw  and  honour  of  it,  and  how  evenly 
and  l^rly  matters  were  carried  for  conserving 
the  rights  and  supporting  the  splendor  of  the 
city  government,  and  how  well  geno^ly  the 
citixens  were  satisfied  witli  it,  no  one  5>'UaUe 
in  all  this  Coni|»lete  History.  But  only  in  a 
corner,  in  his  annual  list  of  court  prefennentS| 
with  their  taj^,  extracted  from  the  Gazette, 
he  has  crowded  in  the  commissions  granted  by 
the  crown  to  the  lonl  mayor  and  sheriffs,  aa 
if  they  had  got  good  places  ;  but  nothing  of 
the  nature  and  frame  of  the  city  government 
established  uiwn  this  scisuro.  And  what  of  it  is 
put  here,  looks  as  if  it  bad  been  set  oiU  of  the 
way  on  purpose  that  nobody  shiHild  stumble 
upon  it ;  and  indeed,  in  the  midst  of  such  a 
catalogue  of  course,  I  hail  almost  overlooked 
it.  And  no  wonder  if  passages,  in  such  mas- 
querade, escape  one's  notice ;  and,  if  it  had 
been  slipt  over,  he  must  have  blamed  his  own 
ataxy  in  the  disposition ;  for  I  purpose  to  do 
him  full  tisfhi  in  every  circumstance.  It  seems 
that  the  city  had,  by  their  common  coundl, 
submitted,  but  the  renewal  of  tlie  charter  wuii 
not  prosecuted  effectually;  which  might  pro- 
ccecf  partly  from  the  good  condition  the  citr 
was  maintained  in  by  the  crown,  of  whicli  'l 
am  about  to  speak,  and,  partly,  because  it  was 
a  business  that,  for  the  misconstruction  which 
the  faction  cast  upon  eiery  thing  tending  that 
way,  tew  cared  to  be  forwanl  in  :  and  many 
thought  it  might  stay  for  some  more  propi- 
tious time,  no  hurt  coming  in  the  uiteiim  to 
the  city. 

*'  Now  some  would,  in  such  a  case,  expedt 
to  hear  that  the  courtiers  divided  the  city  re- 
venues amongst  them  ;  and  tliat  no  order, 
property,  or  content,  was  left  to  the  public  in 
London ;  as  if  the  town  bad  been  taken,  or 
dealt  with  as  princes  use  when  they  mulct 
their  towns,  that  arc  contumacious,  and,  falling 
under  their  power,  slight  their  favours  and 
condescensions  to  them,  in  great  sums  of 
money  or  ransom.  For  who  could  have 
opposed  the  king's  setting  up  of  an  excheipicr 
for  the  rcvcmues,  formerly,  of  the  city,  or 
gmnting  a  commission,  as  upon  an  es<:heat  to 
the  crown  ?  But  so  far  from  this,  that  no  citi- 
Een,  most  acquainted  with  the  public  business 
and  forms  of  the  city,  much  less  strangers,  by 
any  thing  api>earing,  or  done,  after  the  sei- 
surc,  coidd  {lossibly  (not  knowing  what  had 
past)  imagine  that  the  order  ami  model  of  the 
government  there  was  any  way  c*hanged  from 
what  it  was  before  the  seisure.  For  there 
was  the  lord  mayor,  court  of  aldermen,  sword- 
bearer,  town-ckrk,  cku&VtQi^ii^asA^  vaK^- 

3Y 


«*»■««<« 


■>■«««     taa«»«/>  !■■««■<     \rm       «•«%• 


were  .establisbefl  by  commission  like  that  of 
the  peace.  And,  by  these  means,  all  the  au- 
thonties  of  tlie  law  and  government,  as  nell 
as  for  the  riisnosition  of  the  city  revenues, 
subsisted  as  effectually  as  when  the  corporation 
itself  subsisted  ;  and  the  external  appearance 
14'as  in  all  respects  the  same ;  which  was  an 
finspcakable  content  to  the  gt>od  citizens,  and 
creatifl  such  a  trust  in  the  king,  so  far  as  his 
person  and  authority  needed,  they  would  hare 
trusted  any  thing* in  his  hands.  They  saw 
there  was  as  mucli  care  taken  of  the  city,  as  a 
father  could  take  of  a  diild,  and  all  the  coiuisel 
ftnd  wkill  of  tlie  court,  not  without  consulting 
and  cunferenrc  with  tho  most  valuable  citixous, 
ifas  u^»e<l  sincerely  ff>r  that  eml  ;  and  all  this, 
as  was  dec'lare<l,  for  the  sakes  of  those  worthy 
citizens,  as  had  been  eminently  loyal.  But  it 
iieems  to  me  that  uU  this  lenity  to  the  citizens 
was  an  impediment  to  the  renewal  of  the 
charter,  as  niight  have  been  sued  out  in  that 
reign  ;  but,  when  all  the  revenues  went  in  the 
old  channel,  and  no  prejudice  like  to  accrue, 
the  city  procrastinated  the  doing  of  it,  waiting, 
(as  I  suppose)  for  accident  to  save  them  that 
trouMe,  as  did  really  happen. 

**  iUit  whai  says  our  .Complete  Historian  ? 

•  Loss  of  their  liberties,  evident  violation  of 

•  liberty  and  property,' — Good  lack!  When 
m  man  is  sued  at  law  tor  a  trespass,  and  a  judg- 
ment is  had  against  him  for  damages,  and  the 
Laililfs  conic  with  an  execution  an«l  take  his 
kettle.  *  Loss  of  his  ktrttle.'  And  if  a  man 
forfeits  his  i-ecogiil/ance  in  the  nature  of  a 
statute  staple,  and  there  comes  a  *  Capias  si 

•  I^aicus  levare'  and  extent  all  togetli*  r,  »  Vio- 

•  lation  of  Liberty  and  l^nerty.     Here  is  the 


a1 J. 


:ii  I 


i» 


**  He  observes  the  Court  had  n 
a  power  over  the  fherifik,  bot  by 
the  charter  ;  which  may  be  ti 
used  the  law  term  of  seising  ind 
away  ;  for  the  latter  doth  not  i 
process,  as  the  other  doth,  but  n 
or  tortious  taking.  As  if  a  man, 
levies  a  debt  upon  my  goods,  in 
cuted  his  judgment  is  true,  but 
awcy  my  goods,  without  more,  h 
as  to  this  power  over  the  sheriflii, 

*  effected  would  not  only  give  the 

*  tage  to  make  a  common  hall,' 
ft»r  the  shenfts,  as  officen,  have 
with  tlie  livery,  common  hall,  c 
more  than  with  a  commisakm 
Misi  l^ius,  &c.  They  arc  mil 
law,  and  l>ound  to  attend  the  ch» 
and  had  Iteen  the  same  if  tlie  cil 
vilegc  of  nominating  them,  bot  t 
in  Ky  the  ordinary  shrieval  comi 
otiier  counties.  Both  wa3ra,  chi 
mission,  the  office  is  exactly  th 
I  marvel  what  put  it  in  the  aul 
set  the  shcritrs  upon  making  a  c 
I  make  no  doubt  but,  if  the  bodi 
duly  for  such  purpose  assembl«<{ 
the  poll  to  be  taken  by  the  comi 
and  not  by  the  sberifVis,  it  must  I 
it  is  confessed  the  latter  are  moi 
it  is  a  tumultuous  business,  and 
»er\-utors  armed   to  keep  the 

'  But  open  a  gap  for  making 
^Commons too.'  Wond«^1igno 
London  be  a  gap,  the  great  doo 
lund  are  open  to  let  in  tbissuppoi 
of  rummons  ;  for  doth  not  tnek 


'If. 


years  next  after  the  luakio^  this  onli- 
received  divers  g^reat  sums  oi  money,  in 
anomitin^  to  5,000/.  per  aim.  iu  oppres- 
B  tfthe  king's  subjects. 


sirfe,  and  sneeringly  calls  them  — ^  two  liei- 
■Mi  crimes,  no  worse  than  these.'  Admitting 
Hi  to  have  been  peccadillos,  althou^i,  in 
Mkt  they  were  heinous  crimes,  what  is  that 

Che  purpose  ?  He  is  to  learn  sonic  law, 
■^gfa,  by  (its,  he  sets  up  for  a  great  deal ;  as 
ila  good  lawyer  will  choose  a  trifle,  of  a  tact 
It  if  pUin  and  clearly  provctl,  to  assign  for  a 
■ch  of  a  condition,  though  there  are  other 
Aters  of  greater  value  that  are  notsopunctu- 
f  terminated :  So  the  least  oflence  forfeits  a 
■chise  equally  with  the  greatest,  as  was  said 
&ie.  But  1  have  a  main  suspicion  we  shall 
v«  fiml  play  about  tliese  forfeiting  facts, 
MB  we  come  at  them.  The  first  lie  says  was 
^  made  an  address  to  the  king  for  the  par- 
■CDt  to  sit  to  redress  grievances.  A  man  is 
Innge  falsary  that  writes  matters  of  fact, 
I  haUi  a  public  reconi,  and  tliat  printed  over 
I  over  again,  to  confute  him  ;  and  from  such 
Aority  here  I  affirm  this  allegation  of  the 
Kitnre  to  be  false.  It  was  not  the  petition,  but 
iUkI  and  defiimation  of  the  king  in  public, 
i^Hh  ahaped  under  the  form  of  a  petition,  that 
■  the  cnme.  A  bare  petition  ordered  and 
SBmled,  though  in  terms  as  here  is  expressed, 
I  been  no  crime  at  all,  and  had  never  been 
B^ged.  But  take  here  the  very  words  of  the 
d  extracted  from  the  petition.  **  Your  pe* 
BMK  are  extremely  surprised  at  the  late  pro- 
pttioD,  whereby  tfie  prosecution  of  tlie  inib- 

jntioe  of  the  kingdom,  and  the  making 
DBHary  provisi(»ns  for  the  preservation  of 
V  majesty  and  your  protcstant  subjects, 
dl  nceived  interruption."  That  is,  the  king 
Aieandakwsly  broke  the  trust  of  his  govem- 
■1,  which,  liy  the  party  law  of  that  time, 
bled  his  crown  and  dignity  to  his  sn|)eriors. 
He  that  affected,  for  treasonable  purposes,  to 
«ded  the  people.  He  could  not  for  his  life 
f  true  thai  it  was  not  the  petition,  but  the 
■Boos  part  of  it,  that  gave  the  offence,  for 
^  he  had  wanted  the  popular  chime  of  *  pe- 
^' '  parliament,'  '  grievances,*  which  are  to 
■d  for  senae,  truth,  wisdom,  and  every  thing. 
^What  comes  nexti*  *  2.  The  city  had 
^hti  money  towards  repairing  Cheapside  con  • 
^  mined^by  the  fire  of  London. '  \\ hat  sig- 
ki  the  use,  lor  which  tlie  money  was  raiscti. 
Iky  had  bo  power  to  raise  it  ?  And  was  it 
ttng  for  the  common  council  of  London  to 
t  toe  people  of  England  coming  to  their 
lAetB,  which  by  law  were  free,  as  others 
^  Paying  tlie  usual  and  reasonable  toll? 
lij  angbt  as  well  have  taxed  the  people  that 
tern  wd  out  at  their  gates,  over  tlie  bridge, 
that  %ralked  the  streets.  But  observe  how 
Hh  the  lung's  counsel  were  in  tlie  right  iu 
dHBg  iipon  these  two  fiicts  for  the  for- 
IVBB ;  for  hare  a  serpentine  author  wcmld 
id  fitNn  wider,  but  cannot  pkiinly  controvert 
■i:  AaAf  fiw  thv  laat,  he  hath  a  rare  sub- 


«l  ]     STATE  TRIALS,  34  Charles  IL  1 6Sft.^Mnd  the  City  of  London.    [  i06l 

And  further.  That  whereas  a  session  of  par- 
liament was  holden  by  prorogation,  and  con- 
tinued, to  the  lOtli  of  January,  32  Car.  2,  and 
then  prorogued  to  the  20tli  of  Jan.  then  next: 

terfuge ;  for  he  throws  out  an  empty  bubble  to 
detain  you  from  fixing  an  eye  upon  the  matter, 
that  is  the  uses  for  which  the  money  was  ille- 
gally raised ;  a  thing  never  appeanng  in  the 
reasoning  of  the  cause,  and  nothing  at  all  to 
the  puqiose.  Then  he  quarrels  that  there 
were  no  more  than  two  solemn  arguings ;  (he 
is  a  good  friend  to  the  lawyers)  but  pretends  not 
but  there  were  full  time  allowed  them  to  be 
prepared  ;  and  then  to  say  that  two  ai^nments 
was  not  enough,  or  all  that  any  suitor  can  ex- 
|>ect,  or,  at  any  time  Sunless  the  judges  are  in 
doubt  and  desire  it)  iiappens,  is  ignorant  and 
ridiculous. 

"  But  now  comes  a  wise  sentence.  .  '  The 
'  judgment  was  observed  to  be  strange  and  un- 

*  warrantable,  for  it  was  without  any  reasons 

*  given.'  Where  doth  this  pntfuund  lawyer 
fin<l  that  a  sentence  declared,  without  reasons 
given,  is  not  warrantabh;!'  Or  whether  rea- 
sons or  no  reasons  make  any  difference  in  the 
behayiour  of  the  judges,  as  if  they  did  not  do 
right  in  judging  acconling  to  law  without  rea- 
sons given  f  Not  lung  since,  a  great  chief  of 
the  law  gave  a  judgment  in  his  court  touching 
a  case  of  nobility,  and  was  urge<l,  in  an  higher 
tribunal,  to  give  his  i-easons  why  he  gave  that 
judgment ;  whereto  he  conformed,  Kaying,-that 
'  the  reason,  why  he  gavejudj^ment  for  the  de- 
'  fepdant,  was  that  he  was  satisfied  in  his  con- 
'  science  that  the  law  was  for  him.'  The  form 
of  the  court  is  *  considcratiim  est  per  curiam 

*  quod,  '&C.'  and  saying  that  the  plaintiff  must 
have  his  judgment,  is  as  warrantable  as  if  it 
were  done  witii  six  hour's  talk.  Now  \\vijhr  is 
a  wise  one.  Every  student  knows  that  the 
arguing  of  the  judges  in  giving  judgment,  is  for 
the  pure  sake  of  learning,  for  the  UsneHt  of  the 
bar  and  students  of*  the  law,  and  to  appear  can- 
did to  them  to  whose  capacity  it  is  directet I,  and 
not  for  any  authority  to  the  judgment.  But 
the  case  here  was  that  the  party  men  attrnded, 
witli  their  sltort-hand  writers  at  their  elbows,  to 
take  what  might  iiicautelously  (if  any  thing 
should  so)  slip  from  the  moiitns  of  the  judges, 
for  matter  of  accusation ;  and  the\  were,  in 
great  measure,  frustratetl  of  that.  Hut  1  have 
often  had  cause  to  su.s|>ect  the  author's  truth, 
when  he  reaches  out  so  far  for  nothing,  and  do 
therefore  guess  that,  after  all,  very  good  rea- 
sons wtrre  given  by  the  judges ;  and  whoever 
will  look  ufMin  the  print,  may  be  satisfied.  Blr. 
Justice  Jones,  the  chief  judge  in  the  absence  of 
tlie  chief  justice  Saunders  (who  hail  lieen  apo- 
plectic) for  the  wh<»le  c<»urt  pronounced  the 
judgment  with  reasons  and  authorities  cited, 
which  were  material  but  sliort ;  and  that  gave 
the  offence,  because  they  aflorde«l  no  haiidU'M  of 
cmption  or  criininatitHi.  1  sliall  subjoin  the 
very  words  of  that  \eiierable  judge,  as,  by  the 
supervision  of  the  |>arty  lawyera^  they  arc 
printed.    He  said:       4 


1063]  STATE  TRIALS,  31  Chables  II.  lGn2^^Proeeedhg$tM9miiitkg\!Mi 


The  mayor,  commonAky,  and  cidzcns,  13th 
Jan.  3U  Car.  9,  in  their  common  council  as- 
sembled, imluwfuHy,  maliciously,  adrisedly, 
and  seditiously,  and  without  any  lawful  an- 

*'  *  1.  That  a  corporation  affiprgate  mi^ht 

*  be  seized,  that  the  statute  28  Ldw.  3,  c.  10,  is 
'  express  that  the  franchises  and  liberties  of  the 

*  fity,  upon  such  defects,  shall  be  taken  into 

*  the  kiii||r'M  hands.    Tliat  a  body  politic  may 

*  oAend  and  be   pardoned,    appears    by    the 

*  general  article  t»t  pardon,  12  Car.  S,  whereby 

*  corporations  are  |»anloncd  all  criTnes  and  of- 

*  fences :  And  the  act  for  reprulating  eorpora- 
'  timis  13  Car.  2,  wliich  provides  that  no  cor- 

*  poration  shall  be  avoided  for  any  tliine  by 

*  them  misdone,  or  omitted  to  be  dkme,  shews 

*  also  that  their  charters  may  be  aroided  tor 
'  things  bv  ilicm  niisdune,  or  omitttnl  to  be  done. 

"  *  2.  That  the  exaction  and  taking  money 
^  by  a  pretended  by-law,  was  extortion,  and 

*  a  forfeiture  of  the  franchise  of  being  a  corpo- 
'  ration. 

*< '  3.  That  the  petition  was  scandalous  and 
^  Mbellons,  and  the  making  and  publishing  it  a 
^  forfeiture. 

tc  c  4^  That  the  act  of  the  common  council  was 

*  the  act  of  the  corporation. 

'*  '  5.  That  the  matter,  set  forth  in  the  record, 

*  did  not  excuse  or  avoid  these  forfeitures  set 

*  finth  in  tiie  refilication. 

** '  6.  That  the  intbrmation  was  Well  founded. 
*' '  And  thereupon  judgment  was  given  for 

*  the  kinsr,  by  tho  opinion  of  the  whole  court.* 
Hut  shall  :iii  uulhor  have  eredil  in  aiiy  thiii«j, 
tliat  is  Im»M  I )  s«y,  untruly,  tliat  it  was  with- 
out any  reasons  :,-iven  ? 

•'  lint  now,  says  tlii^  author,  it  was  *  !iy  two 
jndt;tN  only.'  These  are  heil^'e  objections. 
When  nothinjjf  can  be  saiti  aj^tjinVt  t!)e  matter 
they  fall  upontlie  ininner,  aTulincireinnstanees 
not  nir.eriai.  It  W(.re  a  (l-iintv  irovei-ninLUt 
that  could  |i!e;Lse  those  tliat  are  resoUcd  not  to 
be  nleaKod,  f»r  obviate  (►(•jectioiis  thut  are  o{ 
iiotiiliiir  at  :ili  !  Iii:t  still  1  sns|irrt  our  author 
is  not  true.  S  sunders  was  pbveril  indretl,  ab  »ut 
whi'-h  ibe  author   hatli  a  tale,    >iz.   »  That  ije 

*  sjiid  V.  by  do  >ou  troubU'  nie  that   v»u  know 

*  haw  1  .^t  my  liu  jnoi-y  .'*  }i\it  it  sitiius  ilijit  in 
open  co«:;t,  iv\o  judyps  (as  thty  declare)  ai  his 
ck-s'.re,  r»'\u  .ti-i  l-is  opitjjnn  tc  be  for  ih«*  judir- 
ment  ;  and  this  tin'  aulh(»r  thi;jks  to  cnlrvate 
with  i\  Tilc  for  which  lit-  hath  no  anthniiy. 
Whetl'it  r  sliall  wu  b«.'licve,  the  jud«;«'s  im>:»u  tiicii* 
dut;.  ;unl  cailis,  or  a  cliiniciic  iiiJn  -lu'e  fnui 
his  stn.y  ;^  iJi't  In  re  it  i.s  :u-;iajy  s.»;\\hi'n 
the  i';:  '  eaiun't  be  proved  «m' di»  :vTf\(  il,  s<»jne 
eniirnriije  scnttiieo  is  b-ni'rht  li»nh,  Cn-ui 
wbtMu-c  anafb'!-  of  liiiitM-li" shall  n  •  incIiMcl  t(» 
sispoisv  it.  Thr  anth  r  caiUI  un\  tiii;-ii  ujicn 
the  eal.innly  that  iril  r.i.<Mi  tl.;-  i..rd  t  hirf 
just.c*  !!..!.  s  bit'ore  he  i^^ave  iMl;;iii'nl  lor 
uer.iaiiii^ton  ai,^iinst  Soauis  ;  thJfii  .•!»  his  lor.l- 
shi|,  \*as  (Ic|il«.rahl\  alter*  d  frcnu  vJi.-.i  \u  v. as: 
for,  from  il.e  nioM  tenipcrato  judjr  il.a!  ev.r 
M*,  he  btriiiu:  th«'  most  ini|M»{V:ii'.\  IUJ^Ni<;:  ::ii- 
thill  C'-.er  wu;  ;.i!i,     TiKic  thir.j^s  aio  bci.riv 


li> 


thori^,  oRSUBied  iipontlMnnsrim*iiM» 
'  dum  et  jiuiicandum  dictum  dowBOBRi^ 
*  et  prorogutionem  parliamenti  j/gimam 
'  regem  sij  fact.'    And  then  aBdttNieBOfr 


decent,  or  fit  to  be  remembered,  but  the  hM 
groM  partiality  forces  it  from  me.  Ohm 
afteniwds  a  reason  the  aathor  pmfvAi 
reporting  the  opinion  of  the  chief  jmiK  ill* 
current  with  tneirs  present;  thaa«hiA» 
thing  is  more  usually  done  on  like  oeeHMl 
Westminster- balk  'Toconfinii,'nfihe,*M 
*  ind^ent  by  better  authority  thaa'tbvfnf 
this  IS  false,  for  the  belter  aatboiitT  im 
court,  though  the  chief  was  absent  Ailili^ 
folly  of  the  remark,  I  think  nowai4Mili{ 
spent  upon  it    But  BtiH  we  lose  oar  Ui^ 
for  the  Ter^  fact,  that  leads  to  all  thb  ii 
author,  is  ndse ;  that  is  two  judges  H4r, 
tliere  was   Jones,    W'ithins,  awl 
See  tho  force  of  libel,  that  can  make  llm 
come  but  two.     I  shall  here  ooadnde 
notes,  about  the  Quo  Wanmnto  against  lhi( 
of  London,  witli  recomraeodiDg  to  tbecir 
(in  law  matters  at  least)  the  reulingsftki 
ar^mcnts  of  this  case,  aa  diey  are  leprti 

{>nnt,  for  there  will  be  diTcnioB,  nv4 
earning,  in  observing  some  points 
as  that  the  common  council  were  not  lb 
but  deputies :  that  corporatwns  are  i 
and  diTcrs  other  strange  tenets  for  o[ 
the  argfument  on  tlie  city  *s  side.  Vikfk 
that  importunate  people  will  affirm  any ' 
to  sei-ve  turns,  thoutfh  neier  so  aen 
liopintr  some,  that  understand  Ivtlk  « M 
very  \\ illinir,  will  ^\\ e  credit  uj«n  tiwr ■• 
thority  :  and,  il'  justice  must  slay  iiH  ^ 
importunes  are  satislied,  there's  a  nept^tvitn 
ui'all  law. 

"It  wouKl  make  one  crin  to  iibscn?  tb 
auth(n**s  eome-ofl'  fn»ui  this  and  the  rvstrf*'  \ 
charters  in  this  time ;  which  ho  hath  ■< 
historically  contrived  to  do  by  siilyniEa*' 
nil  ce  of  that  foul  libel  that  1  praveaoiwn*" 
laloiv,  piid  now  stands  hare-lacerl  in  litft'*** 
plite  Hist(>rv.  It  was  innneii  with  all iIn-wb* 
the  w  It  <•!*  an  enratri  d  and  e\j'l<Hk"  tieui 
could  in\cnt,  and  in  wonls  utter.  TliisiiK*" 
ui'  historiojurapliy  is  without  cxainjJe  aii»^ 
ci>  iliztd  uatioris  ;  ami,  however  l-udarmiiif* 
may  be  \aiu»'d  tor  precedents  of  the  lik*.* 
biass  will  nc»t  In:  fnund  in  tiiofu  tbn  s^ 
here.  Our  ordinary  antt^duiariuis  mal'* 
of  IjIkIs,  but  i\o  not  deelare<!U  tunM-rihe** 
iiiiri.ilt  them  into  their  text,  as*  our  hvi«flt** 
haili  ilonc  here,  aufl  in  ninnernusoihiT  F^ 
ol  his  hook.  lUst  ho  seems  to  rrj-ic*  »*'^ 
\\  inch  c  .m<  s  u;i  to  the  Ini^l.t  olhij-.unbstrt' 
fti:'urativc  Ncai.t!;]  u|»on  his  lalesovcr«i^.** 
tho  minis  ry  of  that  time,  vo  nuich  thai."!^ 
t::e  s;nii:jth  cl  his   own  wit  nr  C'lnra-J.  ^* 


iM»t   <lr.:c  t«»  ntfemjit  hali'  so   hivfh' 


|iB>< 


inran  out  ol  any  tl  ar  fflns  fM-rs'  n.  t'f  ^ 
is  iiiscon»cil,  but  of  iniani\«  which  heisftr** 
to  diser\c,  but  lofh  to  Mitler  ;  and  thrf** 
dea'sftirth  his  vitrfiu  by  the  hireluip  •'■' 
iiukcs,  that  he  might  not  stiiik  io  all  (^4** 


»  _. 


>  • 


Em 


km 


i0632    STATE  TRIALS,  34  Charles  II.  l6S2.«Hisiif  the  City  ^  London.    [ioG6 

femb'ed,  to  the  kiugr  should  be  fxhibi:e<l;  in 
which  sakl  Petition  uos  contained, 

That  by  the  prorogation,  the  pr<ircrulion  of 
th{i  pubhc  justice  of  the  Lin!';doin,  and  tlic 

which  he  had  now  found  to  be  tiio  >ery  root  of 
the  faction. 

*-  This  liis  majesty,  and  all  uisi>  and  ^od 
men  perceived,  couid  be  no  other  ways  done, 
than  tirst  by  rcdiit-iunf  the  eicjtions  of  the 
Sheriffs  of  iJondon  to  their  anoiint  ordi'r  and 
niles,  that  of  lute  were  become  onl /  a  business  of 
clamour  and  violence  :  Am\  tlien*  to  make  in< 
quiry  into  the  validity  of  the  city  cliarter  itself; 
which  an  ill  party  of  men  had  abiiSLnl  to  the 
danger,  and  wo  old  have  done  it  to  the  dcstrue- 
tiou  of  the  government,  had  they  boon  .su{{.?red 
to  go  on  never  so  liltle  farther  uiiconirouial. 

**  In  b«)th  tlieseinost  Just  and  necessary  un- 
dertakings, tlie  righteousness  of  his  majestj-'s 
cause  met  with  an  answerable  success.  Firt 
notwithstanding  all  the  tumuhuons  riots  tlic  fac- 
tious party  committed,  to  distiuli  the  }K*accdl>!i* 
issue  of  that  affair ;  yet  the  undoubted  right  of 
the  lord  mayor*s  nominating  the  elib.st  sheriff, 
was  restored  and  established  :  And  so  the  ad- 
ministiation  of  justice  once  more  put  in  a  way 
of  being  cleared  from  partiality  and  corruption. 
And  tlieu  a  due  judgment  was  obtained,  by  an 
equal  procosj  of  law,  against  the  chaiter  itself, 
and  itn  fjanchiscs  decls^  forfeited  to  his  ma- 
jesty." 

"  His  majesty  cannot  but  esteem  this  to  haic 
been  equalled  by  none  but  that ;  that,  in  so 
dangerous  a  junction  of  public  atlUirs,  he  hsm 
met  with  so  many  uufei&^ied  testimonies  of 
love  to  his  person  and  zeal  to  his  government, 
from  a!I  degrees  of  men  in  the  nation. 

**  And  if  some  have  swerved  from  their  dutv» 
yet  his  majesty's  indignation  and  rcsentmenisi 
against  them  are  overwhelmed  by  the  com- 
fortable remembrance  of  the  far  greater  and 
better  nmnber  of  those  who  stood  by  liim  in 
the  severest  trials. 

'*  So  his  majesty  has  just  reason  to  acknow> 
ledge,  the  main  body  of  the  nobility  and  gentry 
has  done  :  ISo  has  tlic  whole  sound  and  honest 
part  of  the  commonalty:  So  the  great  foun- 
tains of  knowledge  and  civility,  the  two  uni- 
▼ersties :  So  the  wisest  and  most  learned  in 
the  laws  :  So  the  whole  clencry,  ^i"!  all  the  ge- 
nuine sons  of  the  churcfi  of  England:  A 
church  whose  glory  it  is,  to  have  been  never 
tainted  witli  the  least  blemish  of  disloyalty. 

'<  His  n^jeaty  cannot  here  forbear  to  let  the 
fiorld  know,  what  entire  satisfaction  he  has 
taken  in  one  special  testimony  of  his  subjects 
affections;  whence  through  'God's  gracious 
(nrovidence  the  monarchy  has  gained  amost  con- 
siderable advanta^,  by  means  of  tliis  ver^" 
conspiracy ;  And  it  is,  tbat  so  great  a  number 
of  the  cities  and  corporations  of  this  kingdom, 
have  since  so  freely  resigned  their  local  immu- 
nities and  charters  into  his  majesty^s  hands  ; 
lest  the  abase^  of  any  of  them  should  again 
hereafter  prove  haaordoiis  to  the  just  prcroga- 
tiyeBofthecrmni. 


eooDcil  anemhM,  did  ^ve  their  votes 

order,  that  a  certain  Petition  under  the 

of  the  mayor,,  aldermen,  and  commons 

city  of  London,  in  common  council  as- 

And  so  be  found  out  by  those  that  other- 
do  not  know  him.  Else  why  dotli  he 
aot  speak  for  himself  and  stand  to  it  ?  Then 
llle  abase  of  religion  and  scripture,  mostatbe- 
^~^'  "ly  held  forth  in  this  excefpt  of  a  libel,  had 
u  bis  own ;  and  the  scandal  had  been 
ed  on  by  the  strength  of  his  own  genius. 
■«  A»  in  the  fall  joy  of  tms  fine  piece  of  projierty 
^  libel  I  leave  him,  and  pass  on  to  otiier  matters 
«^liich  he  supplies  so  copiously,  I  thuik  1  shall 
wr  bave  tjone  witli  him. 
^*  I  canaot  pass  by  a  marginal  indejr,  which 
mts  Id  a  list  of  hard  and  arbitrary  jutfgments, 
the  autlior  calb  tliem ;  and  why  mit  a  ILst 
of  good  4md  righteous  judgments  1'  For 
the  time  atlbrded  some  ;  and  it  had  been 
equal  to  have  shelved  them  as  well  as 
The  reason  of  which  partiality  hath 

,,.  ^ ^—  g^ven  clearly  enough  already,  viz.  apo- 

^  -.  !?Rr  to  be  dressed  np  to  palKate  tlie  intended 
'  5?^'**»  discovered  at  the  Rye,  which  a  re- 
person    (on   an    uiihappy    occasion) 
some  stirs.    But  now  1  am  concerned 
.^--~.  the  justice  of  his  method  of  writing.    He 
^^■ifew  columns  with  concise  accounts  of 
^^•»«i  cases  of  persons  questioned,  and  some 
'l^Mbed,    for  misdemeanors,    being   tlicreof 
^My  convict.    And  here  is  his  notion  of  hard 
Wubitrary;  but  it  is  only  when  the  poor 
^^>fcen  are  of  his  party.     It  was  not  so  in  the 
^iM  of  Oates;  then  all  the  condemnations 
Vire  the  justice  of  the  nation,  against  tlie  least 
tf  windlk  no  man  dmrst  whisper.    I  looked  over 
Aen  cases,  as  any  one  else  may  do,  and,  by 
mjibaog  he  shews,  could  not  discover  the  cir- 
"WMHinces  of  them.     It  must  be  a  nice  rc|>ort 
ikt  Tcrifies  his  index  against  the  justice  of  a 
Mioa.     No  historian's  words  will  be  taken 
muBttil^  tothat  purpose,  without  allcd^ing 
k&w  and  m  what.    Shall  the  public  admmis- 
flMlioii  of  the  laws  be  defamed  as  tyrannous  and 
isive,  against  the  unimpeacned  authority 
4ftlM  judges  that  act  upon  oath,  on  no  better 
gUNiiidthan  this  man's  dixit  ?  es|>ecially  when 
BiliiilDi  of  a  faction?  I  shall  instance  but  in 
mm  or  two  of  these  cases ;  the  first  is  that  of 
Bioikmay^  fbr  the  treason  of  the  liye  Plot. 
HeconleHed  the  whole  erime  at  large,  ns,  in 
fto  print  befbre  his   trial,  appears.     This  is 
ft  -  dmk-pear   to  the   author;    and    he  can 
oome  off  It  no  better  than  by  saving  tliat  '  he 
*— enncd  to  eonfi»s,'  and  just  so  he  seemed  to  be 


Tlie  time-serving,  despicable,  worthless 
flprat  (see  some  account  of  him  in  his  Case, 
A*  D.  1692,  in  this  Collection)  says,  concerning 
tUi  matter : 

*'^  His  miyesty  foreseeing  bow  destructive, 
ia  time,  die  effects  of  so  ^eat  and  growing  a 
-tamclM  would  be,  resolved  at  lenrA,  after 
toanyiatoknUeprofocaltonSy  to  strike  at  that 


1067]  STATETltlALS,  Si  Charles  It.  i6&2—ProceedinstbawceulluKiae[iiAi 


it  f)uhjects,hBf1  adriseHly,  anil  iietKliomly,  and  witb mtraiiM 
received  iuternipliun.  An<I  thattliemaygtUKl  tliat  the  «aid  PMitioa  ^oulJ  h«  ifi^enal 
roRimonally,  oihI  crtixena  iolhc'saniecumnion    amongst  the   Liot^a  subjects,    U>  tndiKx  or 


"  Tbiehisinajestv  declares  lie  esteeow  as  the 
peculiar  hoDour  (if  his  rcig'a  ;  being  such,  Bi 
MMK  of  Uie  inu»t  mipnlor  uf  all  hk  late  rnyal 
nivdecesaiirii  I'oulil  tu%e  promised  to  lb  emselre* 
•r  hopedfor.  Whertrore  hia  ni^esu  thinlcfi 
hintauf  more  tlian  ordiaarily  obliged  »>  con- 
tinue, u  he  has  hithertu  be^n,  to  shew  ttn; 
peaieei  mwlcrMlon  and  bcDigniljr,  in  the  cxer- 
cueof  HO  great  a  trust  :  IteNolving  upoa  ibis 
«ccuion,tocoiiTiDce  the  highest  pretenders  to 
the  commonweal  ;  that  as  ihe  crown  fvas  the 
fast  origiiial,  80  it  is  blill  ihe  surest  guardian  of 
^Idie  people's  l.iwlul  rights,  and  privileges." 
See  th* True  Accoutit  and  l)«rlara[ion(n' Ibe 
Horrid  Conspiracy,  etc.  pp.  7  ct  leq.  ICl  el  le^. 

Mr.  Fox  say!, ; 

"  The  city  of  London  seemed  to  bold  oot  fiw 
A  certoin  time,  like  a  alrongfoitresain  acon- 

3uered  country  ;  and,  by  means  ol"  this  citadel, 
balles1>ury  and  olljcrs  were  saved  from  tbe 
vmgciHiri!  iif  tbe  t-oun.  But  this  resistance, 
bnivever  hunniirable  to  the  corjioration  who 
mudc  it,  coiiUl  not  be  uf  long  duration.  The 
weB)tuiui  of  law  and  justice  wetefoukd  letrlilc 
whenoppoccd  to  tbe  poMcr  or  &  monarch,  vrbo 
vts  Kt  iKp  head  of  a  numeioac  and  bigotted 
psrt  of  the  nulioci,  and  who,  which  was  most 
inBlerial  (if  hII,  liad  C'nnblcd  himsdl*  to  j-oirm 
without  D  purliHincut.  Civil  resistance  in  Ibis 
country,  even  (o  the  most  illegal  Httacks  of 
royal  tyranny,  has  never,  I  believe,  been  suc- 
cessful, unless  when  supported  by  parliament, 
or  at  least  by  a  great  party  in  one  or  other  nf 
fhe  two  houseK.  The  court,  having  wrested 
frum  llie  Livery  of  London,  partly  by  corruption 
and  partly  by  violence,  the Ireeelection  oflbeir 
mayor  and  ElieritTs,  did  not  wait  the  accom- 
plisbmentof  their  plan  tor  the  destruction  of 
the  nbolc  corpraCion,  which,  from  their  first 
success,  tbuy Justly  deemed  certain ;  butimiue- 
diately  procecdei!  to  put  in  execution  their  sys- 
tem of  oppression."     Fox's  James  9,  p.  46. 

It  appears  that  tlie  seizure  of  the  Chnrten) 
•f  Corporations  in  England  diil  not  satisfy  the  j 
•tomach  of  the  great  reieuge  uf  Charles  the 
Second  and  his  hrolber : 

."  Le  Hoi  d'Ang^eten*,"  writes  Barillon  to 
Louis  M,  Dec.  7,  lliSl,  (see  Ap|)endix  to  Mr. 
Fox's  Historical  Work):  "adonneieguuveme- 
ment  de  la  Nouvelle  Angteterre  an  Cotonc) 
Kerque,  qui  (!'toit  aupuravant  goiivemcur  i]e 
Taneer.  llyn\oit  eu  devant  mie  Compagnie 
itdiUe  par  des  tcitres  patentes  du  Koi  Jacques, 
qui  gouvernoit  avec  imc  nutoritf  presque  soutr- 
raine  et  ind^peudanle  les  |iays  conipris  sous  le 
gDuremefuentde  la  N'ouvelle  Angli-lerre.  Les 
nriTil^ges  decetteCompagtiie  out  tli^  cassis  au 
Banc  Boyal,  et  aa  Muesli  Britannique  est 
rentr^e  dans  la  puuvoir  de  dunuer  une  noui  elle 
fimneaugouveniement,  et  d'vtablirdenouvel- 
Jta  hnx,  eoms  lea^uellea  let  habitww  de  cet  pays 


K 


iloivent  rivre  a  I'arenir  ;  cela  a  doont  hen  i 
une  d^^iibi^ralion  dans  le  Conseil  «nr«t.  Li 
question  a  Hi  traitee  k  toads,  ai  Va»  j  intrabr 
roit  le  mfme  gouiememeni  qui  est  ttiUiM 
AngleteTTe,  ou  si  Ton  asbujetumil  ceus  qn 
vivcot  dons  cos  ]iays-la  uux  ordresd'nn  gnais- 
neur  etd'un  eoncejl,  qui  auroientmWunnuia 
Inute  i'autorite,  sans  ctre  obli<^  it  gatdic 
d'autica  regies,  que  i^Ues  qui  leur  Ktvientpo. 
crites  il'ici.  Miiord  Halifax  a  pris  le  put)  it 
soutenir  avec  i(:hemencf  qu'il  u'y  aviiii  pan 
lieu  de  donter  que  les  memes  Ioia,  hiiu  I» 
quetlcs  cm  TitenAng1t;tcTTenedu)BcntrlreM^ 
lies  en  nn  pays  cunipose  d'Augtois.  II  t'MfiA 
^tendu  sur  cela,  el  n'a  ontis  iiucuiu;  des  laaoa, 
par  lesquelles  on  peut  prouver,  qu'iin  gout»- 
nemeut  absolu,  n'est  ni  si  beui«u\,  ni  m  awEi 

3ue  celui,  qui  est  tempers  jtar  1*^  leix,  rtwa 
onne  des  bomcs  a  I'auiurile  du  prinee.  ut 
cxag^r^  lesioeonveniens  du  pouvoir  HMteraa, 
ets'est  declare  nettemenl  qu'il  nc  ^ouTvil  ^ 
s'acrommodcr  de  vivre  sous  un  miquiaum 
en  son  puvuir  de  prendre,  quanii  il  1m  plainA, 
Tugrnt  qu'J  a  iMns  Ha  poche.  Ce  Jiioam 
(hi  cowbetlii  lintement  par  tout  la  ram  wi- 
nisim,  etsans  entree  dsiia  b  qoaaiiga, «■• 
fbrme  de  gnurementent  en  g£n^nU  est  hA 
leureqiicriiulii-,  ih  suiitiiirent,  utivsa  Miyist* 
Briliumique  |)ouiuLt,  et  dii>oit,  gout t-rner  da 
pays  si  eloigii^s  de  I'Angltterre  en  la  nmwf» 
qui  tui  pyroitioit  la  plus  convenable  pour  unio- 
tenir  le  pays,  en  I'ttat  auquel  il  est,  et  pour  a 
augmenler  encore  les  forces  et  la  ricbeof. 
Pour  cda  il  fuL  resolu,  qu'on  n'assojrttenil 
point  legourem^rette  conseil,  afairedau- 
srniblcce  de  tout  le  pays,  pour  (aire  d«a  in^n- 
sitions,  et  r^ler  lesautres  matitrvs  imponaiilo, 
mais  que  le  gouverneur  el  tc  cuiueil  feral  a 
qu'ik  jugeroient  ti-propoa,  sans  en  rudie 
conipte  qu'i  sa  Mqjesie  Britamiique.  CAM 
affaire  n'est  peul-i'tre  pas  en  clte-mfntefiilt 
importante  ;  niois  M.  le  Due  d'York  s'en« 
!«ervi.  pour  I'aire  conDoitre  au  Rui  d'Aligletvi* 
cnmbien  il  y  a  d'inconvi^niens  de  laiaser  daw 
'  'eret  de  ses  affaires  uu  lioRime  aussi  opp"f^ 
inlfrilsde  la  royautfqu'est  Milord  Hili- 
tax.  niadamc  de  Fortsmouth  a  le  mcmeda- 
aein,  el  Milord  Sonderland  pouvuit  ne  rvv 
desirer  avec  plus  d'ardeur.  lis  cruiesiranM 
I'autre  y  jrauvoir  r£ussir  avec  un  i<eii  de  temfs-" 

Governor  Hutchinson  in  his  Hiiitory  oflbc 
Colony  of  Massashuseta  Bay  llirows  someligbt 
upon  this  hiisiness.  He  mentious,  that  "  la 
lOao,  (a)  a  letter  had  been  received  under  dw 

"  (n)  hari  Culpeper  governor  of  Virginit 
cam(^  to  Boston  the  24th  uf  August  this  ynr  in 
his  return  tu  England. 

"  llappearsby  the  records  that  thcLoD-GcA 
Russell  (I  suppose  a  younger  brother  IdiIw 
celd^i-aicdhjrd  Russell)  wuin  fiew-KnjjbuMl  i« 


1069]     STATE  TRIALS,  34  Charles  II.  1 682.— miif  the  City  of  London.    [  ior«> 

•liiiuon  in  them,  that  the  said  king  by  pro- 


3\ung  the  parliannent,  had  obstrncted  the 
lie  justice,  and  to  incite  the  king's  subjects 
10  hatred  of  the  king's  person  and  government, 

Idng^  sign  manual,  chorging  the  colony  with 
amectiugto  send  o?er  other  agents  in  theroomr 
flfSiQM  who  had  obtained  leave  to  return,  and  re- 
fBiring  that  they  be  sent  in  three  months  after  the 
noeipt  of  the  letter,  and  that  they  come  prepar- 
ed to  answer  the  claim  which  Mason  had  made  to 
tin  lands  between  Naumkeag  and  Merrimack. 
Inmediately  upon  the  receipt  of  this  letter,  the 
court  chose  two  agents,  Mr.  8toughton  and  Mr. 
Nowell,  and  instructions  were  drawn  up,  but 
both  of  them  peremptorily  refused  to  engage  in 
Ibe  aflUr  ;  Mr.  Stougliton,  notwithstanding  the 
exceptions  some  had  taken  to  his  former  con- 
dbct,  being  strongly  urged  to  it.  As  for  Mason's 
daiin,  it  was  looked  upon  as  groundless  and 
cftravagant,  and  the  court  gave  themselves  but 
liktle  concern  about  it  further  than  to  observe, 
that  if  he  had  any  pretence  to  the  lands,  his 

1680  and  presented  with  the  freedom  of  the 
cdony.  Mr.  RichanI  Salstonstall,  son  of  sir 
Richard,  returned  this  year  after  many  years 
absence,  and  was  again  chosen  iii*st  assistant, 
and  so  the  two  succeeiling  years.  He  went 
hade  to  England  bctorelGS:^  and  died  at  Hulme, 
April  29th  1694.  MS  letter.  He  kaftan  estate 
ia  Yorkshire.  Mr.  Saltonstall  was  related  to 
Xr.  Uamden,  who  like  his  ancestors  was  a  true 
Iriend  to  New  England.  In  a  letter  from  Mr. 
fiahonscairs  daugliter,  dated  May  1694,  I  fmd 
this  little  piece  of  English  history.  '*  The 
court  is  altered  as  well  as  other  places,  Mr. 
if— --n  was  to  wait  on  master  and  all  look- 
ed very  smooth.  He  asked  liim  concern- 
ing the  report  he  heard  (this  was  a  second  time 
not  that  mentioned  in  my  other  letter)  he  said 
DO,  no,  tiiere  was  nothing  in  it,  he  did  not  in- 
tend to  remove  him.  He  kissed  hands,  and 
that  night  a  new  commission  was  granted  to  a 
yonng  person  under  30  years  of  a^,  who  tliey 
aay  must  go  before  all  the  grave  judges.  His 
virtues  may  Ite  HTOte  in  a  little  room  but  not 
hii  vices.  A  few  days  afler  the  archbishop  was 
lent  to  tell  him  how  well  he  was  €sti*emed,  but  he 
growing  into  years  might  like  his  ease.  If  he 
would  oe  lonl  or  earl,  he  should  lie  either,  or 
have  any  pension.  To  the  first  he  answered 
that  he  would  die  a  cotiutry  gentleman  of  an 
aocieut  family,  as  his  was,  and  honour  enough 
for  bim.  For  the  second,  he  said,  he  should 
not  take  the  king's  money,  aud  the  king's  ser- 
vants want  bread,  he  always  spake  against 
girinjy^  pensions  to  others,  and  at  sudi  a  time  as 
uiis  It  was  a  great  oppression.  While  he  had  a 
roll  and  can  of  beer  he  wouUi  not  take  the  king's 
money.  It  is  wondered  at  bv  many,  consi- 
dering how  useful  he  was  in  tue  year  B&  and 
fbllo^iog — but  enough  of  tliis." 

"  I  hope  the  friendship  shewn  by  the  family 
of  Hamden  to  New-England  will  excuse  my  io- 
aerting  this  anecdote,  although  it  has  no  rela- 
tion to  theafiairs  of  the  colony. 


and  to  disturb  the  peace  of  the  kingdom,  did 
order  that  tlie  said  Petition  should  he  printed^ 
and  the  same  was  printed  accordingly  to  the 
intent  and  purpose  aforesaid. 

title  would  be  fairly  tried  up<in  the  sjiot,  where 
by  law  according  to  the  opinion  of  the  attorney 
and  solicitor  general  in  1077,  it  ought  to  bo 
tried.     After  this  Randolph    (b)  brought  to 
Boston  the  king's  letter  of  Octciber  the   ^ist 
1681,  (c)  complaining  "  that  the  collector  had 
not  been  able  to  execute  his  office  to  any  etfcct, 
that  attachments  had  been  brought  agamst  him 
and  his  officers  fordoing  then:  duty,  that  he  hud 
been  obliged  to  deposit  money,  before  he  could 
bring  an  action  against  offenders,  that  appeals, 
in  matters  relating  to  the  revenue,  had  been  re- 
fused, and  that  they  had  seized  into  their  hands, 
the  moiety  of  foH'eitures  belonging  to  his  ma- 
jesty bylaw."  It  was  therefore  requireil,  »^  that 
fit  persons  be  sent  over,  without  delay,  to  an- 
swer these  complaints,  with  powers  to  submit 
to  such  regulations  of  government  as  his  ma- 
jesty should  think  fit,  that  restitution  be  made 
of  all  monies,  levied  from  the  officers,  that  they 
be  encouraged  in  Jmtting  the  acts  of  trade  in 
execution  without  chanj^e,  as  in  England,  that 
an  atrcount  be  given  ol  lorfeitures  rett^ived,  and 
that  appeals  be  allowed."  The  court  denied  the 
charge,  and  said  in  their  answer,  ^'  that  Mr. 
Randolph  was  acknowledged  collector,  and  his 
commission  enrolled,  that  no  suits  had  been 
countenanced  against  any  officers,  except  where 
the  subject  had  been  unjustly  vexed,  that  they 
knew  of  no  forfeitures^  except  a  tine  upon  a 
master  of  a  ship  for  abusing  the  government, 
that  they  would  encourage  his  officers,  aud  re- 
quire'no  deposit  for  the  future  ;    hut  as  to  ad- 
mitting appeals,  thev  \w\wd  it  would  be  fur- 
ther considered."    llowever,  the  sending  over 
agents  coidd  be  no  lon&fer  delayed.    At  a  court 
called  in  Feb.  1681,  when  his  majesty's  letter 
by  Mr.  Randolph   was  read,  they  determined 
to  come  to  the  cnoice  of  agents.     Mr.  Stough* 
ton  aud  Mr.  Dudley  were  chosen,  the  Court 


'<  (b)  In  April  1681,  Randolph  set  up  a  pro- 
test on  the  exchange  in  Boston,  against  the 
acts  of  the  court. 

"  (c)  As  for  the  large  and  particular  ac- 
count you  are  ]deased  to  give  me  of  the 
concerns  of  the  country  in  general,  your's 
was  sent  either  to  me  to  my  nousc  here,  by 
Mr.  Randolph,  where  1  have  been  fur  some 
weeks,  and  do  intend  to  stay  some  weeks 
longer  so  that  I  doubt  Mr.  Randolph,  by  whom 
I  sen«l  this,  will  be  gone  ever  I  come  to  London, 
but,  when  I  shall  be  there,  I  shall  endeavour  to 
inform  myself,  the  best  I  can,  how  matters  do 
stand  as  to  your  colony,  and  shall  do  them  the 
best  service  and  frienilly  offices  1  can,  and  it 
will  l)e  very  well  and  advisable,  that,  upon 
Mr.  Raudoljih's  arrival  matters  relating  to 
trade  be  so  settled,  as  that  there  be  no  further 
just  complaints  ui>on  that  account.  Sir 
George  Downing's  letter  to  governor  Brad* 
street,  East-Hadfey,  Sept.  28,  1681. 


By  which  the  mayor,  Gommonalty,  and  cUi- 
zeus  atorcsaid,  the  privilege  liberty,  and  fran- 

neioff  much  divided.  Mr.  Stoofffalon  a^n 
htteny  refused,  and  Mr.  Ricliarda  (d)  was 
chosen,  iu  his  stead.  The  desiffn  cif  taking 
away  tlie  charter  became  every  oay  more  and 
more  evident.  Agents  impowered  to  sobmit 
to  regulations  of  goTemment,  were,  in  other 
words,  agents  impowered  to  surrender  their 
diarter.  However,  the  general  oonit  wonld 
have  been  glad  to  put  a  more  fkvonrable  con- 
sttruction  upon  it,  it  being  inconsistent  with  his 
majesty's  repeated  declarations,  and  therefore 
th^  directnl  their  agents  not  to  do,  or  ccmseat 
to  any  thing  that  should  violate  or  infringe  the 
liberties  and  privilep^cs  granted  by  charter  or  the 
government  establislied  thereby .  A  new  matter 
<if  charge  had  been  brought  against  them 
in  England,  viz.  the  coining  money.  This 
they  excused,  *'  it  having  began  in  the  time  of 
the  late  contusions,  to  prevent  frauds  in  the 
pieces  of  eight  current  among  them,  and  if 
they  had  trespassed  upon  his  miyesty's  prero- 
sative,  it  was  through  ignorance,  ana  they 
numbly  begged  his  pmon."  The  other  points 
of  exception  were  answered  as  before  men- 
tioned. The  agents  sailed  May  3 1st.  A  pub- 
lic fast  was  appointed  to  be  obsenred  June  89d, 
diroi^h  the  colony,  to  pray  for  the  preserva- 
tion Off  their  charter  and  snccess  to  the  agency. 
Randolph  was  in  England  not  long  after  them, 
ready  to  disclose  every  thing  the  agents  de- 
sirecf  to  conceal.  The  governor  had  desired 
hiin  to  do  nothing  to  the  prejudice  of  the  colony. 
He  promised,  in  his  answer,  that  if  thc]^  would 
make  a  full  Kubniission  to  his  majesty,  lie  would 
endeavoor  to  procure  liis  majesty's  royal  par- 
don, and  the  continuance  of  their  privih^cs, 
so  far  as  that  they  should  have  liberty  of  con- 
science and  the  five  exorcise'  of  their  reliefion, 
and  that  no  money  should  be  raised  without 
the  consent  of  the  people  ;  for  other  matters 
their  atj-ents  were  most  proper  to  solicit,  (t^) 
The  Qj>"enb<  in  their  first  letters  to  the  general 
court,  acquainted  them,  ^^  that  his  niajesty  was 
greatly  provuketl  by  their  so  long  neglecting  to 
send  agents,  and  they  desired  the  court  to  con- 
sider whether  it  was  best  to  hazard  all,  rather 
than  satis-fy  his  majesty  as  to  the  mode  of  suh- 
inission  to  the  laws  for  rej^ulatiuif  ti*ade,  since 
they  seriously  intemled  to  submit  to  the  sub- 
stance." Thev  ha<l  not  then  been  heard  be- 
fore the  council,  but  soon  af\cr,  upon  present- 

**  (d)  Mr.  Richards  was  a  wealthy  merchant, 
of  a  fair  charactiT,  a^^d  one  of  the  assistants. 

''(v)  In  Feb.  1671,  Ran<lolph  exhibited  to 
the  lords  of  the  council  articles  of  lii{jh  mis- 
demeanor ni,<^iiist  a  fai;tion  of  the  c^enei-al  eouit 
Bitting  ill  B<»sioii,  viz.  Thomas  Dantlirth,  Daniel 
Gookin,  Nathaniel  Saltonstall,  Samuel  \(»\vell, 
Richards,  J)a\y,  Geilney,  and  Apj.Ieton,  nia- 

S'iStrates,  and  Fisher,  Clwke,  Brattle,  Stoddard, 
athurst,  llathom.  Wait,  Johnmm,  Hutchin- 
son, Sprague,Oake8,  HolbrookyCushingiliam- 
Qiood;  and  Pike,  deputies. 


B  —  ™^  r -— —  od  connakii 

forfeit,  and  ttterwaida,  by  the  time  a  ik'^ 


-iVooMfiffftiefi 

chiae  of  being  a  body  i 


ing the coiut*fc  address,  th^  woe^ 

to  shew  their  powen  and  all  thdr  i    . 

not  publicly,  but  to  sir  Lionel  Jcb^ibi,  m» 
tary  of  stiie,  and  it  appealing*  opoa  poai 
that  they  (fid  not  contain  sodiporas  mU 
been  required,  tbey  were  innnnei  bj  kl 
Radnor,  that  the  conndl,  nem.  eon.  bidigMi 
to  rmrt  to  his  mi^eatv,  that  nnlesi  the  ifBil 
speedily  obtained  such  powers  as  bUI  ail 

them  capable  to  satisfy  in  all  poiflte,  a  QmW^ 
ranto  should  proceed.  The  agols  repifMliI 
the  case  of  the  odony  as  deB|wrate,  sad  Mi 
tothecourttodetermuie  whether  it  vw  airi^ 
advisable  to  submit  to  hb  m^esly's  pbMi^ 
or  to  suffer  a  Quo  Warranto  to  isne.  Mmf 
eitiea  had  submitted.  Bomndas  (0  ■  ■> 
plantations,  and  the  city  of  Londin  M  m, 
fused,  and  Quo  Warranto's  had  mmvk,  h 
determination  of  which  might  enuk  dKlki> 
sachussta  to  judge  what  woidd  bepnidatil 
them  to  do  (g). 

"  ^Bermodas  was  the  seooad  colour Jr 
many  years  scarce  desertinff  the  bshm^  w^ 
ginia  being  the  first  Hm  cliarter  kviM 
Uie  *' 99th  Jnoe  m  the  ISth  year  of  loHJm 
1614,  by  the  name  of  the  goTenMsr  im  aa» 
pany  of  the  dty  of  London  for  iht  phaM' 
oftbeSomer  Islands."  ThischartarBsmi 
remored  to  the  colony  as  that  of  the 
chusets  had  been.  The  company  contiDBclli 
meirt  as  a  propriety  in  London.  A  goymt 
deputed  by  the  company,  with  a  coimcil  ul 
assembly,  exercised  some  degree  of  legisbW 
{tower  m  the  iilands,  but  tbe  gotrernor  m 
company  in  liondon  had  the  power  of  oaikiif 
j  laws  not  repugnant,  &c.  In  1063  a  law** 
made  hy  the  com|>any  that  every  vessel  alW 
'  live  tons  bnilt  in  the  island  without  fip'** 
j  leave  of  the  company  tirst  had  aad  oto* 
should  be  forfeited  and  sold  fur  the  u«  ot'^ 
company.  The  inhabitants  made  coinp* 
of  threat,  oppression,  and  praye<l  for  a  «wj' 
j  lutiou  of  their  charter,  that  a*  governor  ini?'^ 
bo  appointed  by  the  crown,  and  the  subj«V8'^ 
verned  as  they  were  in  Viririniaand  liirbM*- 
**  True  relation  of  the  illegal  proceedings  o*'"* 
**  Sonier  l>lands ("onipanv,  Vc.  1678.'' 

"  (m)  Handolph  wns  inceswint.  Jun'  ^^ 
1082  he  writes  to  the  earl  of  ClanfinliT  Hi 
niajesty *s  Quo  "Warranto  aj^ains^  their  •"l*'^ 
and  sendins^  tor  Thomas  Danforth  anil  '"J 
Samuel  N(»wcll,  a  late  fanatic  prwchtf  *fj 
now  a  man["istrate,  and  Daniel  Fisher.  £•'»* 
C<H>ke,  deputies,  to  attend  and  answer  tbc  ^ 
tides  of  hitfh  niisdenicanors,  1  have  n(^'  * 
hihitcMl  ai^ainst  them  in  my  paj»er>  sw*  *'* 
BIkithwait,  will  make  the  w'hole  **<^^^'^^JJ!j 
ble.  If  the  i)arty  were  considerable  enoo^ 
revolt  upon  nis  majesty's  resolution  to  ^^ 
the  plantation,  their  first  work  wouW J<jJ 
call  me  to  account  for  endeavourinir  ^jfi^ 
the  alteration  of  their  constitution,  vbKf 
their  law  is  death. 

9 


I]    STATE  TRIALS,  34  Charles  II.  l6S2^-and  the  City  of  London.    [1074 


Btkm.ttiat  lihertviind  francliise  oi'bpin^^  a  1  Tlio  making''  and  liaviDg^  sheriO's  and  justice's  of 
urp  upon  the   king.      Kt    the  inniro,  the  Attorney  General   iinparlrs  to 


politic  did  usurp 
!kt*.    And  as  to  the  otiier  two  pk'as,  viz. 


Upon  receipt  of  these  advices,  it  was  made 
stton,  notin  the  cfeiieral  crourt  only,  but 
l^t  all  thn  .inhabitants,   %vhcther  to  sur- 

V  or  not.  The  opinions  ot'  many  oi'  the 
tens,  and  their  arguments  in  supjmrt  est' 
,  were  gircn  in  writui^,  and,  in  general, 
»  thqMgiit  better  to  die  by  the  hands  of 
a^tbau  by  their  own.  (fi)  An  address  was 
d  vpon  by  the  general  court,  another  was 
red  and  sent  through  the  colony  to  be 
d  b}'  the  several  inhabitants,  which  the 

■  were  to  present  or  not,  as  they  tliought 
r,  and  tliey  were  instructed  to  deliver  up 
9cds  for  the  province  of  Main,  if  required, 

would  tend  to  preserve  their  charter, 
wise  not ;  and  they  were  to  make  no  con- 
m»  of  any  privilegfifs  conferred  upon  the 

V  by  the  cliartcr. 

^ranfield,  governor  of  New-IIarapshire, 
'  on  a  >  init  at  Boston,  advised  to  the  agents 
ig  upon  lonl  Hide,  and  tendering  him  an 
rarledgment  of  2,000  guineas  for  his  ma- 
8  private  service,  and,  at  the  same  time, 
iaed  to  represent  the  colony  in  a  favoura- 
rht>  The  coiul  agreed  to  the  proposal, 
hewed  him  tlie  letter  they  wrote  to  the 

■  thereupon,  but  he,  infamously,  repre- 
i  the  Gokiny  as  rogues  and  rebels,   and 

bii  game  of  them  for  making  snch  an 
wkI  the  agents  com|dained  of  their  being 
U  for  the  sham  put  upon  the  country-  (1) 
i  the  agents  receiving  this  final  resolution 
e  court,  their  busim^  was  at  an  end.  It 
naiediately  determined  a  Quo  Warranto 
d  flo  against  the  charter,  and  that  l(an- 
'  anouldbe  the  messenger  of  death.  The 
>  anirod  at  Bostoii  the  Qail  f»f  Cle- 
1683,  and  the  same  week  Jiandolph  ar- 
Ck)  with  the  Quo  Warranto,  and  a  drcla- 
k  fiom  the  king,  that  if  the  colony,  before 
iNitkni,  would  make  full  suhiiiiKsion  and 

*  rcu^nation  to  his  pleasure  lie  would  re- 
B  their  charter  for  his  service?  and  their 

•  and  with   no   further  alterations  than 


Mich.  TtTm. 


k)  The  clergy  tume<l  the  scale  for  the  last 
The  balance  which  they  had  held  from 
^nning  they  were  allowetl  to  retain  no 


should  i>e.  necessary  lor  the  sup|MH't  of  his  gx>- 
venimcut  there.  IVo  hundird  cupits of  the 
proceedings  aipiinst  thocliHrlirof  lA)udiin  were 
sent  at  the  suino  time,  by  advice  of  the  privy 
I  council,  to  be  dispersed  throutrh  the  province. 
j  The  governor  and  major  part  of  the  assihtauts, 
d(*spairing  oi'any  success  I'roni  a  di^fence,  pass- 
ed the  tid lowing  vote  :  "  The  magistrates 
have  vote4l.  That  an  humble  a<ldrcss  be  sent  to 
his  migesty  by  this  sliip,  declaring  that,  U|)OU 
a  serious  consideration  (»f  his  majesty's  gra- 
cious intimations,  in  his  iiirmer  fetters,  and 
more  particularly  in  his  lute  di'claration,  that 
his  pleasure  and  purpose  is  only  to  regulate  our 
charter,  in  such  a  uuinner  as  sliall  be  tor  his  ser- 
vicfi  and  the  good  of  tliis  his  colony,  and  without 
any  other  alteration  than  what  is  necessary  for 
the  support  of  his  government  here,  we  will  not 
presume  to  contend  with  hismtyesty  in  a  course 
of  law,  but  humbly  lay  ourselves  at  his  ma- 
jesty's feet,  in  a  submissicm  to  his  pleasure  so 
declared,  and  that  ute  have  resolved,,  by  tho 
next  opportunity,  to  send  our  agents,  im- 
powered  to  receive  his  mtuesty's  commands  ac- 
coniingly.  And,  tor  savmg  a  default  for  non- 
appearance upon  the  return  of  the  writ  oi*  Quo 
Warranto,  that  some  meet  person  or  ftersons  be 
appointed  anil  impowered,  uy  letter  of  attorney, 
to  appear  and  make  defence,  until  our  agento 
may  make  their  appearance  and  submission,  as 
alMive.  The  magistrates  have  |»assed  this  widi 
reference  to  the  consent  of  tlieir  brrtlircn  the 
deputies  hereto. — Kdward  Uawson,  Secretary, 
15th  Nov.  1(583. 

"  This  lay  in  the  house,  under  consideration,  a 
fortnight,  and  was  tlien  passed  \\\Hm  as  fulh>ws: 

"  Nov.  30,  l(iH3.  The  dcputit^s  c(»nsent  not, 
but  adhere  to  tlieir  fonner  bills.  Wm  .  Tukrey ^ 
Clerk." 

*^  Had  this  l»een  made  an  act  of  tlu«  general 
court,  it  is  doubtful  whflther  the  consc(|iient  ail- 
ministration  of  government  woidd  have  betni 
less  arbitrary  than  it  was,  upon  the  judgment 
against  the  charter  ;  but,  upon  the  n^vidution, 
they  might  have  reassumed  tlieir  charier,  as 
lUiode- island  (I)  anil  Connecticut  did  their  re- 


ij  •  Truly,  sir,  if  you  was  here  to  see  hr»w 
^  ridicalM  by  our  Ifest  friends  at  court  for 
kamCnmfield  hath  put  upon  you,  it  wouhl 
•  you.  I  will  assure  yon,  whatever  iKters 
|th  shewn  you,  his  majesty  htst  night  told 
risnd  that  lie  had  represented  us  as  dis- 
V^goes.'  Dudley  to  Uradstreet,  Feb.  UiH9. 
^k)  the  next  day  alter  Knndolph  arrive«l,  a 
■is  fire  hap|ieocd  in  Boston,  in  the  richest 
>f  Ae  town.  tSome  of  the  |KH>ple  in  their 
iad  jealousy  sU]ipose<l  the  town  to  lie  sfd 
i^  by  his  procurement.  I  fii:d  tljis  insi- 
4  in  sa  iaterleftved  aliusDack,  and  other 


Ou  Vlll. 


**  (f)  Rhode  island  made  a  full  surrender  of 
tlieir  charter  as  ap]>earN  by  the  following  ad- 
vertLsement  in  the  Ltmdon  gazette,  \\  indsor, 
Sept.  13, 1084.  "  His  majesty  has  graciouslv 
rc(Tcive«l  tin*  address  of  the  colony  of  llhixlo 
island  and  Providence  plantations  in  New  ling- 
land,  humbly  rrqiresunting,  that  upon  the  sigid- 
fication  of  a  writ  of  Quo  Warranto  against  tlieir 
charter,  they  resolved  in  a  general  assembly 
not  to  stand  suit  with  his  majesty,  but  wholly  tu 
submit  to  his  royal  pleasure  uiemselveH  and 
their  charter,  whereof  his  majc*stv  has  thought 
fit  to  accept  the  surrender."  The  order  in 
couneil  to  the  attorney  general  to  bring  writs  of 
Quo  Warranto  against  Connect ic\itaud  UUudf* 
island  was  dated  4\)\n  \3,  \^b. 

:i2 


■Ae  Plea  oV  the  Attorney  "General,   plpailed  ii 
■wignmg  a  fbrfeituit  of  ihcir  being  a  body  po 


apMive  cbarterB,  tiipre  havbg  been  uo  judg- 
ment serainst  them,  (m) 

"  A  r«ltr  of  ttHompy  wasseiit  to  Mr.  Hum- 
jrfirys,  to  appear  onil  answer  for  the  provinee. 
AAlrt^sps  were  sent,  one  aftpraucrther.  but  to 
no  purpose.  In  Seplrniber,  a  sfire  faiiac  vras 
T«;ei»eJ  by  Mr.  Dudley  ami  commonicaled  to 
(bp  povemoi',  "bo  calLed  a  special  rourt.  The 
'toe  for  their  appcBran<*  at  WestrnmstP-r  was 
Mt  befire  it  was  received  b  Boston,  (h)     No 

■•  Conneclioit  bed  tbe  oiler  of  being  iHinexed 
A  MassMhusds  or  New-Vork.     They  prayed 
nee  of  their  privilege,  butif  tbey 
heir  cliarter  iheycnoseto  be  an- 


'   «  fmj  HowereragreenblelolBwlhisdi 
"   \  mig^bl  be,  yet  equilv  does  not  scrm 

ir  it.    The  cliarter  of  tyOndnn  was  adjud;^ 
#jibcteited  upon  a  long  ereiimeut  of  the  greatest 
■ffttvyers  in  the  nation.     The  Massachusets  w 
lAlicroed  forfeited  upon  delaultof  appearaD< 
{Tot  onlytfae  charter  of  London  but  all  tlic 
"       in    in  the  king's  doiniuiouR  I   suppose 
»  Bermudaa  is  an  exception)  whether  nut- 
ndwed  or  whether  there  bad  been  judgmetit 
punst  them,  were  re-assomed  exrept  that  of 
«  Massachusets. 
"  (a)  The  proceedings  were  in  thiafiirni  and 

"  The  first  (fire  /m-itt  directed  in  the  sheriff 
<f  Middlesex  bore'lest  l^tli  Ap.  3G  Car.  Sd, 
vbereon  a  nicdJl  returned. 

"Trin.afiCar.  ad,  aoo/.  jfir./cM-,direpted  to 
On  Mme  slierilT,  returned  3d  June  1683,  «  herc- 
no  another  nicbil  returned, 

'*  121U  June,  36  Car.  Sd,  the  agent  for  the 
canip«ny  luoied  by  bis  council  lor  tinie,  to 
■end  lo  New-England  for  a  letter  of  attorney 
-mder  llie  corporation  seal,  to  appear  and  plead 
toibose  tcire  faciai't,  until  Uiehaelinna  lemi 
4hca  next,  whcu  the  court  ordered  Mr.  Attor- 
ney should  be  attended  thereinto  shew 


Protafando,  That  those   Pleat,  liyAi 
tomey  pleaded,   and  llic  maUei  in  Ac 
contsmed,  are  insufficient  in  ilie  bo  Hf 
judge   or  exclude  the  nr 
and  citizens  from  being'  a 


r.  Atjoniej  moved  against  that  ordi*r  and 
had  it  in  somi.'  part  set  a.sidc,  hut  wnreil  it.  and 
DO  bearing  counsel  of  both  sidifi  it  was  oidereil, 
"  letli  June  1681,  That  judgment  be  entered 
up  for  his  ruajesty  BE  of  this  temi ,  Inll  if  de- 
fnidanti  appear  tirst  day  of  next  term,  and 

Klced  to  iRtue  ao  as  lo  take  notire  of  a  trial  lii 
e  bad  till-  Huuc  lo-io,  theJi  the  «aid  judgment 
hy  Atr.  Atlnmey's  consent  to  lie  set  aside, 
Mherwiae  tlif  same  lo  stand  recorded, 

''  On  Ibe  tim  day  oi  itlK-haelmu  term  foUow- 
iDg,  the  compnnv's  agent  r^ained  casDiel  to 
DMTe,  and  bruught  acriTttl  luerchanta  to  testify 
in  ttu  nmrt  of  eounctry ,  tbal  in  the  lime  giTcJi 
il  wu  iiDpgtttble  to  ban  «  letter  of  VHwtej 


other  an.<fiTer,  than  another 
was  attempted.    The  case  w 
judgment  was  entered  up,  copy  of  wlilA' 
peceired  by  Mr.  Rawson,  July  3.  16&1- 

"  Before  anv  new  ffo»eminefitwi»«<hl 
king  Charles  dieil.  Mr.  Blaitbwait  mWI 
the  goTcmor,  (o)  and  re«ommmded  il*  m 
claiming  king  James,  withont  "Way.  W 
was  done,  witit  great  ceremony,  ia  iht| 
street  in  Boston  (April  30th.) 

"  There  were  all  the  symptoms,  bmA 
stamhng,  of  an  expiring  eonstitiiiiou.  S«J 
of  thelowD«negl«rted  to  send  ibeir  dtpofirt 
theyeariesi.  Little  business  wni  ilnwlll 
court.  The  people,  iodeed,  shewed  UMJj 
sentment  aeainst  the  magistrato,  rto  ij 
been  forward  for  surrendering.  Mr.  I>lfe 
Richards  and  Brown  were  df«j>p*d,  Wj 
Johnson  and  Hutchinson  chose  in  dkrirM 
Mr.  Bradstreet,  »hego»emor,  fp)  Mr.flM 
tot),  Bulkley,  8sltonsta11  and  Gidhiej*  talli 
voles  than  usual.  There  seenui  to  bartlj 
as  much  indifference  in   the  k^ulalHRI^ 

Eabfic  affairs  in   1685,  expecting  e»ayJl| 
1  niperseded.  _ 

"Theelertionfi>rI6S6waslltel*lh*l 
Mr.  Dudley  being   left   out,  Mr  ftMn 
fromeomplaisanretohiro,retWedto«ftW 
"  The  ISlh,  the  Row?  fiigate  amrd  » 
England,  with  a  commiBsion  to  (r)  Mr.ft 


returned  from  New- England,  bo,  as  thijl 
not  given  time  long  enough  to  jierfona  1 1 
ter,  il  was  in  effect  giving  jin  time  at  111,1 
time  not  sutBdent  was  equally  fatal  10  ao  t 

"  To  which  the  then  lord  keeper  riylid;' 
no  time  ought  at  all  lo  have  been  giica,  a 
gard  that  all  corporations  ought  w  hiw  < 
ncyi  in  court  at  all  times  to  appeir  fMd 
upon  all  occasions.  And  to  set  o»Jr  ibf  ■ 
for  time  lo  appear  and  plead,  and  judgiMtf ' 
entered  as  in  the  copy. 

"  (a)  He  said  be  did  not  write  as  »» 
vemment.  the  charter  lieing  vacated.  ^^ 

"  (p)  The  governor  hnd  <i90  vot*",  M 
had631  forgovemor.   'MS. 

"  (l)  One  Joseph  Redknap  died  ilB^ 
the  age  of'  110.  He  came  oter  at  OH  ■ 
been  a  wine  cooper  in  London.  ^ 

■'  (r)  Mr.Dudlej-whenheftuwIIW^ 
his  country  no  semce  in  bis  agwtty,"^ 
might  not whollv  lose  hia  labonr,  twik  MV 
lo  aerve  himself,  and  had  reconiiaaiMl 
•df  lo  the  court  when  he  was  ■■Js 
After  his  return,  he  kept  up  a  frindrB 

Cdencewith  Randolph, «  bo  wvmlyiM 
interest,  and  writes,  July  ir.iU.  lOTflB 
Sbrimpion — "  No  better  news  rouM  IWfl 
lo  roe,  than  to  hear  Mr.  Dudl^v,  pM| 
^H  t^ftout  of  tltt  fltection,  llielV^ 


rotestando  eliam^  That  no  act  or  deed,  or 
iif  made  by  the  mayor,  aldcrcieii,  and 
iiMD  council  is  the  act  or  deed  of  the  body 
onte. 


r]    STATE  TRIALS,  34  Charles  IL  iGs^.-^and  the  CAlyofLmicn.    [10/8 

Proiestando  etiam,  That  they,  the  mayor 
and  commonalty,  and  citizens  of  London, 
never  took  upon  Uiem  any  unla^iiul  or  uniust 
authority  to  tax  the  kinfo^'s  subjects  tor  tlieiif 

hold  yonrselves  obliged  thereby,  and  do  take 
upon  you  the  government  of  this  people,  al- 
tliough  we  cannot  give  our  assent  tnereto,  yet 
we  hope  we  shall  demean  ourselves  as  true 
and  loyal  subjects  to  his  majesty,  and  humbly 
make  our  ad/(lresses  unto  God,  and  in  due  time 
to  our  gracious  prince,  for  our  relief.  May 
20th  1686.  By  order,  £dw.  Rawson,  Secre- 
tary.* 

**  *  Tliese  for  Joseph  Dudley,  Esq.  and  the 
refit  of  the  gentlemen  named  m  his  majesty's 
commission.' 

^^  The  court  appointed  a  committee  to  take 
into  their  custody  such  papers  as  referred  to 
tlie  charter,  and  titles  of  land,  by  purchase 
from  the  Indians  or  otherwise,  and  ord<Tef1  the 
Secretary  to  deliver  tlie  same,  and  adjourned 
till  the  second  Wednesday  in  October. 

''  The  25th  of  May  the  president  and  council 
met,  and  his  majesty's  commission  was  pub* 
lishe<l. 

<'  New  Plymouth,  Connecticut,  and  Rhode* 
Island,  who  were  less  obnoxious,  and  had  been 
more  pliant  than  the  Nassachusets,  were  all  to 
be  in  like  degree  sufferers,  although  not  ia- 
eluded  in  Mr.  Dudley's  commission,  (s)  the 
execution  was  only  respited  a  iew  months. 

**  We  have  taken  no  notice  of  the  dnairs  of 
New  Plymouth  since  the  year  1676.  Having 
conquered  Phihp's  country  of  Mount-Hope, 
now  Bristol,  it  was  confirmed  to  that  colony  by 
king  Charles.  The  Massachusets  had  applied 
for  it.  Mr.  W*inslow,  the  governor  of  Ply- 
mouth, died  in  1680,  Dec.  18th,  and  was  suc- 
ceeded by  Thomas  Hinkley,  who  continued 
until  that  colony  was  included  in  the  same  com- 
mission with  tne  Massachusets,  &c.  It  was 
agreed,  that  the  grand  council  of  Plymouth 
could  confer  no  powers  of  gfovernment.  They 
had  nothing  therefore  to  support  them  at  New 
Plymoutli,  but  the  king's  approbation,  from 
time  to  time,  of  their  proceedings.  It  might 
tlien  well  be  expected  tliat  they  should  act  with 
ffreat caution,  to  avoid-  giving  oflence.  They 
had  been  amused,  from  year  to  year,  with 
assurances-  that  the  king  would  grant  them  a 
charter.  Such  an  one  as  Connecticut  had  re- 
cei^ed  they  prayed  for.  The  name  of  the 
MaKSuchusets  was  odious.  Tlie  governor 
kefit  upon  good  tenns  with  Randolph,  who  en- 
gage«i  to  do  every  thing  iu  his  i>ower  to  obtain 


as  president,  and  divers  others,  gcutle- 
of  the  council,  to  take  up:)n  them  the 
inistratioo  of  government.  A  copy  of  the 
niaBioii  was  presented,  and  tlic  following 
rer  resolved  upon  by  the  court,  nemine 
nulioente, 

*  GentletDen  ;  We  have  perused  what  you 
with  us,  as  a  true  copy  of  his  majesty's  { 
nisBion,  shewed  to  us  the  irth  instant,  im-  i 
«riii^  you  for  tlie  governing  of  his  mnjes- 
I  tobiects  inhabiting  this  colony,  and  other 
BM  merein  mentioned.  You  tlien  applietl  to 
Ml  as  a  governor  and  company,  but  (as  you 
le  pleased  to  term  us)  some  of  the  principal 
rionen  and  chief  inhabitants  of  the  several 
Mof  the  Massachusets,  amongst  other  dis- 
ne  saying,  it  concerned  us  to  consider 
it  therdu  might  be  thought  hani  and 
My;  upon  i>erusal  whereof,  we  find,  as 
nneeive.  First,  That  there  is  no  certain  de- 
■inate  rule  for  your  administration  of 
iee,  ami  that  which  is,  seems  to  be  too  ar- 
wy.  Secondly,  That  the  subjects  are 
idged  of  their  liberty,  as  Englishmen,  both 
he  matten  of  legislation  and  in  laying  of 
B,  and  indeed  the  whole  unquestioned  pri- 
1^  of  the  subject,  transferred  upon  your- 
w,  there  not  being  the  least  mention  of  an 
mMv  in  the  commission,  and  tlierefore  we 
dt  it  liigfaly  concerns  you  to  consider  wlie- 
r  neh  a  commission  be  safe  tor  you  or  us  ; 
if  you  are  so  satisfied  therein,  as  that  you 

ft  hit  king  and  country  in  an  honourable 
im,  for  they  have  declared  him  so,"— and 
lii  the  S6th.  <*  I  am  extremely  solicitous 
iMr.  Dudley  might  have  the  sole  govern - 
M  gf  New  bngland,  for  no  man  lielter  un- 
rtands  thcconstitution  of  your  c*ountry,  and 
k  nore  loyalty  and  respect  to  your  uii^es- 
iifiun,  but  I  dare  not  openly  appear  in  it, 
t  il  be  thought  there  is  some  private  design 
fti  but  I  am,  upon  all  occasions,  hinting  his 
tit  to  his  friends." — But,  however  obnoxious 
r.  Dudley  had  rendered  himself,  yet  he  was, 
Ik  leas  reluctance,  received  as  their  (.4iief 
ltr,at  this  time,  from  a  general  expectation, 
■dl  bad  obtained)  of  Kirk's  benig  sent 
■  tD  take  the  government.  Their  agent 
^VBphriea)  had  wlviaed  them  of  the  danger 
ill  and  tliey  expected  something  of  the 
■itngedy  he  had  been  actuig  in  the  West 
iylnid.  Mr.  Rawson,  in  a  letter  to  Hink- 
ftSdj  1686,  writes,  that  '«  Colonel  Kirk, 
^Mi  bs  late  nujesty  appointed  and  designed 
ffwr  governor,  m  conhrmed  by  his  present 
Vky,  and  is  preparing  to  sail  with  two  fri* 
Pallid  may  oe  expected  in  four  or  five 
S**"  "niii  was  before  hit  and  Jefferies  cam- 
3ftM  king  Janee  caUe<l  it,  iu  the  west ; 
Pvviltt  newa  of  the  trag^ediea  there,  Uaw- 


"  (9)  I  find  the  following  passage  in  a  letter 
from  ireUnd,  March  26th  168i.  *'  Our  last 
[mcket  from  Kngland  briiigR  us  news  of  two 
very  loyal  addresses  to  his  iniyos^,  one  from 
New  Plymoutli  and  the  otlier  from  Connecticut, 
which  were  both  vvry  jj^ciously  received,  by 
which  1  ftuspect  you,  ot  the  Massachitseta,  are 
more  whiggish,  ami  your  neighbours  muru 
toryish,  tovxprcaa  il  iu'  the  language  of  late  ia 
use," 


^^; 


I]  STATE. TftIAL$,34CHARLE9 II.  l6M.~Ptvendaig*MmitemlhtKitg  [lou 
Thai  there  are.  anil  time  outofiuid^bi* 


own  »ri''*t*  S"""'  "'  '''■'  '^''^  '^'y  "'  <'*"<'' 
f Voin  ute  kiog's  kiibjecls,  coiuln^  to  markets, 
■iicli  y«arly  sums  u  in  uie  retiliuUion  are  :il- 
ItHlffeu — tur  Pl<«  suj , 

TLU  LnnduD  IN  the  nicMruuolia  nf  Eng;lauil, 
and  very  pouiilous,  '  et  celeberriiuuni  ciiipo- 
■  riuintiriuuEuropn.' 

til*  darUt.  I'll  Tbey  liuil  oiilcrs  to  seaH 
uvm  ftOOpy  ol  Uieir  iiBtBiit,  ill  onler  lu  fonii  a. 
niiw  oMi  in  which  tlie  Nanigaiiset  iniiinlry  was 
tuU:  ioclitiled  ;  but,  upon  llie  Quo  V\aiTatito 
raoiiui;  over  to  the  Masnai^husebi,  Mr.  filailh- 
icail  ivrtiie  loihi!  goviTnor,  Scpl.  2?,  lOtU. — 
■'  I  must  deal  ploiulT  wilb  you.  U'm  oot  |iro- 
liaiilu  any  Xiiiog  irill  be  detenniueU,  in  Ihat  lie- 
halt',  iiriut  his  DKijesty  ilo  see  (u  iKsueuf' pru- 
tvcdiugx  tu  rclalioDlu  lb*  Mussuvlituets  col»uy, 
and  ttui,  u)Hin  r^ulatiog  liii'ir  citailw,  liml 
culeny  li#  brought  noder  audi  bd  acniel  ilo- 
jieniKnoB  upon  llic  crawu  as  becomes  his  ma- 
juty'ii  subjectfi.  Fiioro  licnce  it  will  b«,  tJiat 
your  ua'ent  wUl  receive  its  mixieli  aniJ  al- 
though you  niay  be  aajored  of'  allyoa  di-uiv, 
yi'tilni.l  beexiiecled  thiit,ia  atkaoivleiiffmcint 
III'  Bf>  ({Teat  favours,  such  proi  Uions  raay  he  in- 
serted as  are  necesjiary  lur  the  niaiutenance  of 
hia  luHJesty'a  autbority."  Alter  this,  t!»ey 
could  lisre  nn  great  ri^ason  to  hope  liir  success. 
However,  they  continueil  thoir  putailit,  and  in 
Nov.  1663,  they  fwwnrdBd  anuiher  adibvss, 
wherein  they  contn^tulaleii  iiis  icaiesty  un<in 
his  lii^literaiii'i-,  iu  iinswer  to  ihi-ir  pras  eis  lliey 
bojteil,  Itora  the  hite  horrid  cvinsniiir.y,  (u) 
und  tbey  lud  ap|)oliil»l  the  lath  instani  Ibr  n 
ihy  of  soitiLiin  ihanka^ivinB!,  for  the  BaUalion 
of  bit  mtgesty's  royaf  perrtun  Tmin  ihat  iind 
otberheUiNh  eonspiracles.  They  ^tt  «□  Iu  |iniy 
Ilia  niajeaiy'a  liivonr,  in  Ruling  them  « 
rhaitat,  bu'jiiu' sent  over  a  true  copy  of  tlieir 
)iUentfr|>m  the  louncd  of  Plvinoinh.  Uan- 
dolph  writes  to  tlie  ^ovtranr  nt'  Plymoulh,  the 
4ll»  of  Hart'h  fcilio«  ii,g,  thai  ho  hiid  uicscut«-cl 
tlue  address,  with  the  nuec^mury  aiiiciuuneals,  tn 
hia  majesty  in  rnntuHl,  tlial  it  would  be  [irintul, 
lyas giBciuueiy  ruoi^ived,  and  lliatlhey  would 
tind  the  bunetit  of  it,  in  distwleb,  and  witle- 
iMBt  of  thnr  eoloiiy.  tjpon  the  death  ol' 
U'mg  Charles,  they  were  distitufuiabed  by  idn^ 
jMReafrvin  Ibmitlier  cohinii's,  by  a  letter  under 
hia  aign  maniuil,  (r-)  acipiaintin^  them  with 
his  accession  to  Iluu  tbroue.  the  ^ivat  things  the 
parliament  bad  done,  the  dd'enl  of  Argyle,  anil 
tlm  lAudinc' of  niinimiiuth,  and  the  cai^  taken 


tear, 
and 


•""Ml?  bis  majesty's  subjects  at  that  distance. 
A"  Address  Has  sent  to  the  king,  upon  IiIh  nc- 
JWon,  takinij  notice  of  the  aasLUTUices  lliey 
n«l  receiTed fi'um  his  royal  brother,  and  pmy- 
ingihat  bis  inaji^siy  would  t'ulliltbeiu.     This 

"(f)  Thoynenlovtrair.JameaCudworth, 
jwttejr  agent,  in  leai,  lo  «.lirit  Itieir  p.itent. 
■W-fce  dwd  aona  aiW  his  urrival. 

SW  Thill  must  be  the  Protestant  I'iot. 
fij  June  aeth,  1083. 


been,  divers  public  market*  ti 
lncrcbandi»e  xithiotheaaid  cilv  tuhasiti 
That  tbeinsjcH-iind  conuniuudljr,  u^a 
zeus  have  been,  time  out  urmiiid,w4;tti 
seizvd  of  titese  iDarkettiu  l«e,  asd  ^  ill 
said  timeat  their  non  coats  and  e:9an)ls 

was  the  bstefforl.  (x)  Connecticut  kifl« 
(client,  inactive  and  reserved,  bobauBinea) 
cnmpvlled  to  it,  and  rcassuming 
luvQ  us  tliey  had  opportuni^  for  it.  (y)' 


Philip's  country,  ixiolhewnri 
''  Wc  Iiav4!  l4ikcn  into  our  royal  eoui' 
liiiivtliul,  by  your  loyalty  and  ^«ud  oi 
that  war,  youhnTebeenthe  ba}^]i  itifl 
tu  (tiiliuga  our  doniiaions,  and  to  biingdMlN 
lerrilury  i>f  Muunl-Uope  iutu  aniotriiaari 
aU!  ttepeodancc  upon  ua,  we  3i«  Ibttrfnt  ■      i » 
ciously   pbMficd    lu    gire    anil  ),tui1,  t»i      tad 
lurebygiveaud  ^rant  i 


I,  ibcMII 


lund,  vomHtuoiy  called  Mount- llojir, 
by  eumnion  estinialitin,  7,<XU  anc^  ^> 
anmc  luinvur  l(Mi,  for  the  sole  and piffli 
andhuboof  of  yourstlrec  and  ibu  rMm 
Kuid  Lvduoy  (d'  New  riyinouth,  la  tit  luUi 
ua,  our  hein  and  suecessura,  as  of  aofi 
of  Wiodfnr  in  die  muuty  of  Bttriu,)|ii_ 
and  jiaying,  iVi-.  seven  bi'aver  skinsMJii 

"  Tills  ui>unti7  of  Mnunt-Uope,withvni  I 
lownidiipa  and  |ULfts  oC  lonnahipx,  slwiji*  I 

[iiiled  pan  of  ihe  colony  ol".  New-Hjiaesfc  1 
ly  a  new  line,  uever,  until  tbcu,  ciwunxd  t)  I 
any  ptisan  whatsoever,  was,  in  tin-  \e 
by  cviuniissi oners  from  Now-Yark, 
teruiincd  to  be  ivillun  the  bounds  ol'  ItMa-  I 
Island  cliurter,  Uidtbisdtleruiinatino.pataM*  I 
lor  want  of  projier  evidence,  wliicb  utipl  I 
base  been  produixd  on  the  [lart  ul 
chilsetB,  was  atWwurds  continued  bj  li>  hM  I 
inajeaty  in  cuundl. 

"  InthisandothcTi 
ries,  it  liaabeen  Ihe  uiisjoituue  of  ibeMKSi' 
cbusuls  province  In  have  bevn  repretcMedu 
loo  great  and  puwerlul  a  province,  tlul  bit 
ni^jcKly's  siuall  jiroviiitw  ol  New-llafD|^iiek 
the  smnll  colony  of  Rhuil«--lalaod,  ncre  ap- 
piesKvd  and  borne  dntvn,  &c. 

"  (^)  '^'"^  cnudition  uf  the  diasentcn  ia  Bsf- 
lanil,  in  the  latter  part  of  the  reign  "f  kn; 
Charles  the  9ud,  had  i»u£eil  many \>f  them  M 
tuni  their  ihaugbts  agniu  towards  New-Enr- 
land.  "  Divers  persons  iu  England  and  be- 
laud, eeollcnieu,  cilizc3is  and  others,  biilf 
iucUnca   to    remove    themsdvcs  into  Ivmft 


religion,  according'  to  what  tlicy  apprtheodrf 
divine  inatituiion,  have  prevailtd  with  Mr, 
Blackwell  to  uioke  your  cuunliy  a  fi5lt,aad 
enquire   whether   tbey    may   be    tiietr  wvl- 

cuDie,    and    whether   they    nay         "~ 

.eiipea    IhM  libaKjf    they    ' 


]    STATB  TRIALS,  34  Charles  II.  l682.— #iiif  ike  CUy  af  Lond<m.     [1082 


led  and  baTe  accustome<l,  and  ought  to 
Je  ftl  their  own  costM  plaoesfor  the  holding 
Bud  nwfiKets  amt  tstalls,  and  staudini^,  and 
accommodations  for  persons  briD^in«r  pro- 
is  and  merchandizes  to  -.lie  uaifl  markets, 
upervisors  and  other  oHiccni  tor  thu  belter 
rring  and  ontering  tlie  sai<l  markets  ;  and 

ttcfaiosou  in  a  preceding  {tart  ot*  his  his- 
meniions  some  interestinjj^  jMirticulars,  of 
ack  which  had  been  niaite  in  tlie  reifi[ii  of 
L-barles  the  Ist  upon  the  charters  of  the 
Englaud  FroviuceM.  In  the  (K>ndiict  of 
ttac£  Abp.  Laud  was  by  no  means  remiss. 

e  prnceediujifB  against  the  city  of  London 
Ireely  animadverted  U|)on  io  iminphlets 
thed  at  the  time.  See  *^  A  Modest  Enquiry 
ming  the  Election  of  the  Stierifls  of 
no,  and  the  right  of  c busing  denion- 
d  to  belong  unto,  antl  to  have  been 
rs  adjuilgcd  to  rf*side  in  the  liord  flavor, 
ourt  of  Aldermen,  and  the  Common  flail 
Ml.      Printed  for  Henry    Mead,  168'2." 

•  liord  Mavoi'  of  London's  Vindication,  \c. 
rffor  E.  Smith,  108'i."  **TheFrivilrgr8 
e  Citizens  of  London  contained  in  the 
iers  grantcxl  to  them  by  the  sevcnil  kings 

•  realm,  and  confirmed  by  sundry  parlia- 
i.  Comprehending  the  whole  Charter  only 
k  of  form  left  out.  Now  simsonably  pub- 
I  for  general  infomiaticm  uiioii  the  occa- 
f  the  Quo  Warranto  brought  against  the 
City.  London  printed  Wit  the  Trans- 
nf  U,and  published  by  l^angley  Curti^w, 
!  sign  of  Sir  Edmundoiiry  (iCMirn^y,  near 

Bnil^,  1G82."  See  also,  a^i  con ntMrted 
lie  pnvileges  of  Uie  city  oi  London,  *^  The 
ties,  L-sages,  and  Customs  of  the  city  of 
■O  continued  by  eApeciul  acts  of  |mrliii- 
,  with  the  time  of  their  confirmation ; 
iven  ample  and  most  bifnefieial  charters, 
674."  *'  I»nfh»n's  Liberty  in  chains,  dis- 
vd  and  fmblished  by  lieutenant  eidi»nel 
Lilhiirne,  a  prisoner  in  the  Tow<n'  of  Lon- 
r)ctolier,  1016,  \\\\\\  a  |K)slscript."  '*  Ijon- 

Account,  or  a  i*alculuiion  of  the  arbitrary 
tyfannieal    exactions,  taxations,  im|)08r- 

I,  and  others,  who  will  attend  their 
»ii.*'  Letter  from  Daniel  Ci»\e  to  go- 
»r  BradNtnMrt,  1.4»iMlon  Oetolier  10,  1684. 
ilteratioQ  which  hapfiened  presently  after, 
t  puldii;  affairs  of  the  colony,  was  ulnne 
iint  to  discourage  this  emigratimi.  At 
lanie  time,  some  of  ilu*  protesumts  in 
cc,  after  a  reluti«in  i»f  their  niisr.Tahle  slate 
'Uce,  coucluded  a  k-tler  fn>m  Itochel,  1st 
fccr  1681 — *  New-hny:land,  the  oiuntry 
i^yiNi  live,  is  in  great  esteem,  I,  and  a 
k  Btn^  other  pr<»testants,  iiitcmd  to  go 
B.  Tc)l  us,  if  you  please,  what  mhantage 
9iBhave,  and  {Kinirulariy  the  iH'a«iants, 
*^t  vmA  to  the  pltnigh.  W  somebiNly  at 
'enntry  would  si-nd  a  ship  hereto  fetch 
^Vlnadi  ppocestants,  be  would  moke  great 


of  the  great  concourse  of  persons  coming  to 
tlic  same  ;  and  for  the  sus:aining  and  sup- 
porting of  the  said  costs  and  cvpences,  by  all 
the  time  aforesaid  have  had,  and  ought  to  have 
reasonable  tolls,  rates,  or  sums  of  money,  of 
pc^rsous  coming  to  the  said  markets  for  their 
stalls,  standings  and  other  accommodations  by 

tions,  excises,  conti'ibutions,  subsidies,  twen- 
tieth parts,  and  other  asspssmeuts  within  the 
lines  of  commmiication,  during  the  four  years 
of  this  unnatural  war,  6cc.  imprinted  iu  the 
year,  1647." 

"  The  city,"  says  Koger  Coke,  "  upon  the 
dissolution  of  the  four  last  ]mrliaraents,  ucru 
awan^  of  tlie  designs  of  the  Court,  and  chose 
sheritrs accordingly.  When  Colledge's  bill  was 
preferred,  Mr.  Coniish  and  Mr.  Bethel  were* 
sherirts,  and  now  another  sach  was  preferred 
against  my  K>rd  of  Shaftesbury,  sir  Thomas 
Pilkingtou,  and  Mr.  Shute  wpre  sheriAii ; 
wh(»,  though  at  other  times  sheriffs  would 
rather  fine  than  serve,  yet  at  this  time  none  re- 
fused to  serve;  so  that  unless  sheriffs  of  ano- 
ther stamp  wen;  chosen,  all  would  be  to  no 
pur[iose.  It  i^  scarce  credible  what  a  noise 
the  not  finding  my  lonl  HliatU»ibiiry's  bill 
iiiaile  ;  all  justice,  now  the  Tory  part^  cried, 
was  stop|)ed,  if  tliese  Ignoramus  Junes  were 
not  set  asiile.  K.  L.  H.  proclaimeit  41  would 
inevitably  return  ;  and  this  countenanced  by- 
the  Court,  flew  out  of  the  city,  all  the  country 
orer  ;  so  tliat  scarce  any  other  thing  was  to  lie 
heard  but  of  Ignoramus  Juries,  and  what 
would  follow  from  them. 

**  It  was  the  latter  end  of  Michaelmas  Term, 
tiK!  gr4*at  Inquest  n*tunied  an  Igmiramus  U|ion 
thel^li  of  high  treason   preferre4l  against  my 
binl  Slml)esbury,  and  in  I  he  vainitiim,  all  wits 
were  set  on  work  how  to  take  the  election  of 
the  fiheriris  of  Lonrlon  out  of  the  nower  of  thft 
city,  and  \w  other  e.vpe«lient  could  lie  found 
out  iNit  by  taking  away  their  charter  ;  which, 
if  it  couki  hv.  dime,  would  not  only  entitle  the 
Court  to  making  of  sheriffs,  hut  (»|ien  a  gap  to 
their  making  a  House  of  Commons,  for  near 
5-Gth  of  the  (^)miiMms   are    liurgessM  and 
iiaruns  of  the  Cin(|ue- ports,  who   would  ntit 
dare  contest  their  Charier,  if  the  city  ofl/in- 
don  could  not  huld  theirs.     S<i  that* in  Hilary 
Term  tc)llowing,  a  Quo  Wainmto  was  bruught 
against  tlic  city,  for  two  hi. : nous  crim(*s,  viz. 
That  they  hatl  made  an  aildress  to  the  Lius^ 
for  the  parliament  to  sit  lor  rdlress  td'  griev  - 
aiiccs,  and  to  settle  the  nation  ;  and  that  tlio 
cit\  had  raised  money  towanlsn-pairing Cheap- 
side  conduit,  ruinecl  by  the  fire  of  liondon. 

**  The  city  pleailed*  tliiur  riglit,  and  th*:  Uiii^ 
replie<l  ;  ujHm  which  there  was  a  dfinurriT. 
but  judgment  wan  not  gi^en  uptm  iitill  Triiin  y 
term  ld(f:l.  However,  tl;e  wiveliy  ni  i\^ 
thing  causi^l  »u  uniusc'rocnt  U[»*ni  t\i«r  tJ*""^ 
rality  of  the  city  and  ivrtion  loo-  ^Ht^t-u-  ui- 
tended.  in  the  nioaii  time  tb*^  llnk*- 
done  hifl  work  in  Heoilairt  W'^^  v»^i 
Loud!>n,  and    his     z«ai  \iic    V^* 


^1 


15]  STATE  TRIALS,  34  Ch  A«t  ks  1 1. 1 6'8  i—Proeeedimgt  tt 


Ihem  for  thu  better  MEposln^  their  coinmoditips 
Isul  »ni  eiijojctl. 

They  iurtlier  say,  that  tiie  citizens  anil  fnt- 
men  of  Loiulon  are  very  numerous,  {nz.) 
AO.OOO  and  more. 

That  within  the  saiil  city  tb(>re  hath  been, 
fim^  out  ofmiod,  a  mmnion  eouncit  assembled 
asotlea  »9  ncceiMry,  consisting'  of  the  lusyor, 
aUennen,  and  of  certain  iit'  the  dtizeDi:,  not 
excee<ling?50  [wnioiiutlia'ctoaunwklly  elected, 
railed  the  CoQUDons  of  tbe  said  city. 

That  there  is  a  rustom  within  the  siJd  citv 
fOT  the  mayor,  uldcrnien,  and  cuiniuun  cminctl, 
to  make  hv-laws  and  wdiuaiices  for  ilie  rcijii- 
latioa  aaa  i(OTerDm«al  of  ttiie  public  matLt^s 
wtdiin  the  city. 

That  these  hbertlcs  Bn<l  ciinmns  of  the  oily 


Cadtuiic  can&e,  outwenl  his  |iBtieat»  fur  tlw 
Cnjtt's  judgmeut  upon  the  (lemiirrer  to  the 
Qm  Wavruoto  ;  eo  tliat  couiliero  of  the  Gm 
RMgnitudt'  appeared  borefjunl  Ibr  tlte  next. 
elecUon  of  sbentls,  niul  sirUudiey  North,  and 
sir  Peier  ilii-h  were  returned,  oue  hy  a  nhauie- 
len  Criek,  the  other  liy  open  lorce.  Though 
the  Court  hml  ^ned  this  point,  they  thought 
not  fit  to  puih  It  further  tdl  the  deuiurm-  to 
th«  City  I'hiiner  were  ilctertnined  ;  in  which 
nich  haste  trus  made,  that  only  mo  arguments 
wtJKpcnnitledun  ^ther  side,  one  in  Hilary 
ttm  168'^3,8udtlle  other. in  Easter  Term 
ftUomn^,  aniiao  jud^ent  was  given  in  Tri- 
nity Tn-in  next  niter,  atcaiust  the  dty. 

'■  The  judgment  a^inRt  the  city  was  as 
Krang'c  as  the  election  of  the  sheriffs,  for  it 
was  wiihout  any  reason,  and  by  twojudg-i's 
only  ;  one  was  sir  Francis  Witheos  (who  heard 
but  one  argument,  and  I  believe  understood 
but  little  of  thsl)  and  ivho  after,  in  the  absence 
of  air  Edwniil  Hcrliert,  delivered  that  for  his 
opinion  wliich  sir  Edwanl  when  preseut,  dis- 
owned ;  and  sir  Thomas  Jones.  However 
tbey  laiil  justjec  Kaiinonil  tvus  of  their  o|u- 
nion,  and  bu  was  Saunders,  the  chief  justice, 
thong'b  he  nas  pust  his  senses,  and  only  had 
sense  enouurh  l»  expostnlute  with  them  for  then 
troubling  liini,  when  he  liad  lost  his  memory.'' 
%  Rogfer  Coke's  Detection,  p.  313. 

In  the  library  of  All-Soul's  College,  Oxford 
(Owen  Wynn's  M8S.  No.  75)  is  a  lai^  ml- 
lectlDQ  of  evtracts,  relating  to  the  city  of  lion- 
dtm,  from  the  Uuo  Warranto  RoUa  aiiring  the 
rdgns  of  Ldward  the  First  and  Edward  the 
Second.  In  the  same  library  there  is  also  a  very 
good  report  of  the  Ar^menls  in  this  esse,  in 
a  MS.  which  beloofj'cd  lo  Mr.  Narcissus 
Luttrell. 

In  the  "  I^ife  of  King  James  the  Second 
writlen  by  himself,"  us  Macpherson  calls  it 
(See  the  InlroductioLi  to  lord  C'lirendons  Cose, 
voL  6,  p.  291,  of  this  CulleclioD)  is  the  fol- 
lowmg  passage  r 

•'  Quo  WHrraiiti)  brought  agniiiBt  llie  city- 
charter,  which  pleases  all  goo<l  nit'ii  there. 
Tlie  common  council,  on  the  aut,.  nwe  better 
tluuklaNt  jew." 


wor«  GOnlirnied.  by  Magna  ChiHi,  id  if     i 
otlier  statutes  iu  the  plea  abovc-mmlBmi 

That  hy  r^;uson  of  the  burning  of  dw  on h 
Sept.  lafiS,  and  the  alterations  in  tbeuiitt 
huuKesand  places  thereby  ocnwniel,  It*  te 
establishing  and  resettling  the  mubs  H^ 
the  dty,  17  Sept  Q6  Car.  II.  the  Aa  nm 
aldermen,  and  commons,  in  oomiDni  mi^ 
assembled,  according  to  the  said  CMMi,{*ii 
better  regulation  of  the  market  lU  n^fal 
publish  on  urdmance,  entitled,  ■  An  Aatvt» 
'  settlement  and  well  onleni^  ibr  auUicMh 
'  ket«  within  the  dty  uf  LsuIod,  Ijtiliit 
said  ordioanoercdting  tliat  fortheMOcaai^ 
tion  of  llie  market  ^pte  with  ndU.riMta^ 
and  other  neccssanes  tor  dior  n\u\it%  h  t 
the  market- places,  and   for  ihi  "  "^ 

ilelVaying  Ibe  indilent  chiUge* 
haie  been  always  v«iia 
and  dulifs  paid  for  the  .  _. . 
intent  that  tlie  said  rates  may  bi  aMi 
luiaed  and  made  pubhc  lo  all  mtiksl-fMflt 
and  the  <>o[lectars  restrained  Sma  «iMlaf,V 
woaenacted  und  urd^oed  hyihei  '  — 
council,  tliat  the  rstett  and  sums 
cation  should  be  pud  lo  the  use  of  tb*  aj 
aud  uomnioaalty  and  cil 
fwEal,  to  be  remored  out  t>f  the  tnuitL  J 
they  arer,  that  these  are  ull  tbe  t«la  vtl 
paiti,  aud  were  rcosunahli.-  sums  to  b«  fi' 
and  these  they  have  demanded  aud  ml 
fur  the  use  aud  purpose  Hlbresaid,  aamakl 
forihcm  tudu. 

<  to  tbe  other  matter  alledged  b; 
turney  general   in    assigning    the  Woim 
thev  SAy, 

that  mthin  this  kingdom  (vi2.)atlhepnfe 
of  St.  Michael  Uasaishaw,  London,  that  Hi 
an  execrable  Plot  and  Conspiracy  prosecotedt) 
papists  to  destroy  the  king,  and  to  tuhttrt  Ik 
ancient  guTemmenl,  and  suppress  the  Hot  it- 
ligiunin  lliis  kingdom  ei>tablwhed. 

Tliat  sir  Edmundbury  Godfrey  io(^  eniai- 
nationsof  witnesses,  and  iofi>nual)au<i  oftk 
same  ;  and  also  uf  the  burning  of  Loodoa  ki 
the  Papist-). 

That  divers  of  these  ransplrators  hal  liid  i> 
wait  for  hiu,  and  murdered  him,  lo  the  inW 
to  suppress  his  examinations,  and  to  iH" 
other  magifjlrates  from  acting  in  the  dikooTH}. 

That  Green  and  others  wet«  tried,  IM 
banged  for  this  murder. 

Tliut  Colema^i,  and  others  were  ako  iriaii 
and  executed  Ibr  the  same  conspiracy. 

That  William  lord  I'owis,  lurd  AruisMtf 
Warder,  turd  Petre,  lord  Betlosis,  ncte  iM- 
peached  by  tlie  C'oiuinoD«  iu  pariiameulofhifk 
tieuson  for  the  same  conspii-acies,  and  wtlll* 
ihe  Tower. 

Tlint  the  king  in  his  speech  to  that  puW- 
incnt  bad  recommended  to  Ihela  the  Inrtlff 
pursuit  and  e.\aiuinatiDu  of  that  cuntpiil^t 
iledaring  he  tbougbt  not  himsrif  nor  tM 
safe,  till  that  matter  were  gone  ihruugU  viA) 
and  therefore  that  it  was  necesoiy  M 
the  said  lords  m  the  Tower  aboubl  be  bnafK 
to  their  triatf,  tbatjwticB  mi^tb*  drati  v' 


'ATE  TRIALS,  34  Chasles  II.  lesi^and  the  CUt/ of  Lottd&ii.    [lOSC 
XI  having  made  an  addrrss  to  ihc  I 
Id  both   Lords  and  Commons  dc- 

being  deeply  sensible  of  the  sail  ! 
tbe  realm,  oeeasioneil  chiefly  hy  | 
icies  uf  n  popish  l>artyi  who  hail 

iotoided  ihe  dcstmctioii  of  the 
.ubversioQ  of  the  government  and 
the  kin)[dain  ;  luii  thereupon  a 
kept  purvuaut  to  the  king's  procla- 
dctl  upon  tlie  Kud  address,  and 
pnnared  to  be  passed  into  laws  for 
1  of  his  Protestairt  nilyects. 
peachment*  and  Bills  being  thuade- 
id  the  lorda  in  the  Tower  not  trieil, 
ent  wa*  upoo  Ihe  lOtli  of  January 
aa  tbe  Attorney  General  abore  iu 
ou  bath  alledfced,  by  reason  whereof 
.  and  inhabitaiiti  of  the  said  city, 
111  lulyects  to  the  king,  were  much 
ritb  the  sense  and  apprehensions  of 
tbreateniiig  the  per^n  of  tbe  king, 
ment  and  realm,  by  reason  of  the 
I  aforesaid,  as  is  by  both  kioK  and 
affinueJ  and  declared ;  aniT  con- 
better  means  to  prevent,  than  by  the 
le  parliament ;  and  having  received 
mu  direra  fiuthful  subjects,  cilizens 

to  tbe  same  effect:  and  it  being 
petition,  the  mayor,  sir  Patience 
.  tfao  aldermen  and  contmons,  in 
OUDcil  assembled,  for  the  preset- 
Jic  king  and  his  covemmcnt,  did 
e  written  the  Petition  in  the  repU- 
ilioned,  which  is  act  forth  in  hae 
I  did  order,  that  after  the  satnt.-  was 
0  ibe  king,  it  idiould  be  printed  for 
nion  of  the  troubled  minds  of  the 
lu;  and  Irarenie  the  writing  or 
y  i^er  Peliiion,  or  making  this  to 
nd  or  intent  dwo  they  have  pleaded. 


Surrejoinder. 
imey  General,  aa  to  the  Plea  of  the 
I  commoDalty,  ami  citizens  pleaded 
king  and  publishing  the  onUnance 
naiketa, 
.ndo.   That  the  mayor,  and  com- 


not  reaaouablc. 
t  NJth,  That  by  a  statute  made  S2 
va*' enacted,  that  places  fur  inarkcti 
Ml  out,  and  Ud.  per  elialdron  upon 
W  <Ange  of  that,  and  many  oUiei 


things,  was  given ;  and  that  they  receiTed  a 
great  sum  out  of  lliat  diUy  for  the  purpose 
aforesaid  ;  and  yet  tor  tbeir  own  prirate  iucr* 
took  Ihe  money  by  the  onlinance. 

And  traverseth.  That  the  mayor,  and  com- 
monally  and  citizens,  time  out  of  mind,  '  b«- 
'  buenint    et  habere    consuercrunl   Tohieta, 

*  Ratas,  nve  denarionitn  summas  per  ipsoa 
<  Miyorem,  Communitatem,  et  Cires  aupcriua 

*  suppmit.  per  pretaiam  Ii^>em,  sire  Ordtna- 
'  iLonera  jiredict'  Asseas.  et  in  certttudiQem  re* 
■  ducL  pniut  per  placitum  suum  superiiu  re- 
'Jungendo  placitot'  siipponitur.' 

And  to  the  Pies  of  the  mayor,  and  comroon- 
alty,  and  citizens,  pleaded  to  die  residue  of  the 
Aitoraey's  matter  assigued  for  a  fbrfeilure',  a» 
aforesaid. 

The  Attorney  proUttaado,  That  the  afore- 
said prorc^ation  of  the  parliament  wa*  for 
urgent  causes  concerning  the  good  of  the  Un(f - 
dom,  and  llierchy  the  prosecution  of  puUw 
joBlice  not  inlemipled. 

And  demurs  to  the  nid  Plea  of  the  mayor, 
and  commonalty,  and  dtimia  by  them  pleadeil 
as  to  the  Petition. 


Tbe  mayor,  tod  commonalty,  and  dtizenfi 
to  the  makit^  and  puUishing  the  ovdinaoc* 
fbrthepairmentarnMnietby  tnoae  that  oame 
Kitbe  nid maiketa, aay  as  befbre, 

That  the  mayor  and  commnnalty,  and  dti- 
zeu  have,  time  out  of  mind,  had,  and  accm- 
tomed  to  bare,  leaton^de  tolls,  rales,  or  nuna 
of  money  of  all  persona  coDiing  to  Aeae 
maHceti  with  victtuls  and  ptovuions  there  to 
be  sold,  fur  stalls,  stBndiiws,  and  other  acoom- 
modatioDS,  by  them  had  for  eipodng  thar  viCf 
tuals  and  proviaioos  to  sale.  And  ot'  this  they 
put  ihemielre*  upon  the  country,  Ace.  Tothu 
Mr.  Attorney  demurs. 


And  as  toll 
mooalty,  and  citizen*  pleaded  to 'the  residue  of 
the  matter  by  the  Attorney  General,  * 
for  forfeiture,  they  join  in  detr 


When  the  Demurrer  in  this  Case  waa 
joined  (riz.  Mich.  Term,  31  Car.  3,)  Mr.  8er> 
jeant  Pcraberton  was  Chief  Justice  of  the 
King's-Bcnch.  But  beRire  Hilary  Terra  when 
it  came  to  be  argued,  he  was  removed,  and 
made  Chief  Justice  of  the  Common-Bcndij 
and  sir  Edmund  Saunders,  wbu  had  been 
inuniel  for  tlie  king,  in  drawiojg  and  adviidng 
the  I'leadinga,  wan  made  ChiafJuatioe  of  the 
King'a- Bench. 


10S7]  STATETRlALS,34CHABLEsU.ie63^l>lrfl|^j 


ThU  Great  Case  was  only  twice  arfrued  at  the  Bar;  First,  by  Mr. 
Finch,  the  King's  Solicitor,  J^br  the  King;  and  Sir  Geofjsi 
Trehy,  Recorder  of  London,  for  the  City,  And  nexl  Ijj  Si? 
Hobert  Sawyer,  the  King's  Attorney  General,  for  the  tui^; 
and  Henry  Pollexfen,  for  the  City. 


The  firel  Ar^nient  wbk 
Wednesday,  Feitruarj'  T,  lOoa. 

ABGItMENT 

Of  Mil.  SoucrroB  Fincu.  , 

The  questions  in  ihis  case,  as  I  lliiuk,  will  be, 

I.  tVlielheruay corpomtioncon beforfeitedP 

II.  Whether  Iho  cily  ofLonilon  iliffer  from 
oAer  corpnrutitms  bs  to  point  of  forfeiture  ? 

JII.  Whetlier  any  bifI  of  the  mayor,  aliler- 
UMu,  wd  Gomaiau  tnimdl,  in  mnuiiuu  couucil 
UWOiblf  i),  be  su  much  the  act  of  ttie  corpora- 
lioo,  as  cau  make  a  forfeiture  '^ 

XV.  Wbet])or  the  wts  by  tliero  ilono  In 
tmlang  the  by-lnw,  utd  receiving  money  by 
it  i  or  iM  niaking  tlie  I'cliiion,  and  causing  il  to 
he  iirinted  apd  pnbhdml,  be  suoL  sets,  aa  if 
done  by  the  uoqwratiou,  will  make  a  foi'I'eilure 
tStbe  corporation  ? 

I.  The  fir^l  of  these  i|ue9lion!i  biily  I  Hlionid 
not  make  any  qut^ion  alall,  but  lliat  tliis  case 
ItH  been  a  case  iif  so  great  expirctalion,  ercry 
man  hath  (lisraiurscil  tJiout  il,  ami  the  )ireju<lice 
that  aouie  have  etaertoined  concerning  it,  bare 
drown  tliem  to  assert  the  negative  propo^ion. 
Tlwretbre,  my  lord,  because  thia  stnkes  to  the 
whole,  tbough  1  think  it  bath  no  foundnjion  in 
law,  1  will  beg-  leave  to  remove  this  ob|eclioii 
ouloflhecBEe. 

1.  First  of  all,  Nocorporationhathnny  other 
creation  tliaa  any  other  franeliisfa  have,  and 
aubaist  upon  the  ^anie  terms  that  other  Iran- 

2.  There  is  a  trust  or  a  condiu"on  in  law, 
thatii  Biiiiei.L'd  tn,  and  grows  upon  all  fran- 
chises, lliat  they  bt  nut  abused,  and  the  breach 
of  ihem  ia  a  forft'ilure  of  the  very  beiogofthe 
franchise. 

3.  And  as  there  ia  no  foundation  of  that  opi- 
nion b  law,  SI)  Ibe  mischiefs  would  be  gieal,  if 
tb«Iaw  were  othkTwise.     For, 

1.  First.  Thai  no  corporation  bath  any  otlier 
creation  thau  oilier  francliise«  have  ;  it  is  iin^ 
doubtedly  true  (hat  the  king  ift  the  original  and 
commencement  of  all  fmncttiscs  ;  they  have 
their  be^ririing  from  bim,  the  books  are  clear 
and  full  in  it :  I  need  not  quote  them,  though 
there  are  many,  Kelu-ay  13S,  17  Ed.  '2.  530. 
in  the  Reports  of  those  times  set  tbtth  by  Mr. 
Serjeant  Maynard.  Now.  my  lord,  there  can 
benocorporatioii,butby  tlie  lung's  tetters  pa- 
lest) ;  fur  even  the  prescription  doth  suppose 
Aara  wu  the  loag't  patoit  to  create  it  at  first. , 


And  ihi-refnrp  the  proper  inquiiy  vtiUUdM 
ill*'  secimd  thhu'. 

3.  Hcwrarthe  breach  oftruatlhalitUM 
ed  to  a  franchise,  is  a   lbrleilui«  of  ital  t> 

First  of  all.  There  is  no  rule  in  liwBi 
certain  ihan  Ihattbe  misuser  of  (frmrln*, 
a  forfeiture  of  that  fi'anchise.  Tliis  lb(  ON 
of  18  Ed.  a.  does  very  well  prurc,  »ilrt' 
an  act  of  grace  lo  reslnre  franrhim*  '' 
that  had  lost  and  fbtfeited  them. 
restrained  *  Ita  quod  libeiiat'  ni 
And  my  lord  Coke  Z  Inst,  in  li 
upon  the  slatute  of  Westm.  1. 
it  tliat  concerns  tonn.s  that  exacted  nut' 


Just.  \ 


willa  that  every  man  should  lose  liii 
that  does  misuse  it :  BoUie  AUiotofXI. 
ccse,  8  Hen.  4.  18.  Thekingstudlblnj 
chise  into  his  band,  because  the  abbot,  ubtU 
the  giiol,  w(mld  not  give  pleilgcs  loniihl^ 
liverance,  and  for  detaining  his  pri&nsnt  >  1^ 
lime  whliout  making  a  lawlul  ikli^'cK''' 
And  so  SO  Bd.  4.  6.  The  Abbot  of  Ct^nk 
case  for  detaining  prisoners  acquitled  ""^^J 
paid,  the  king  seized  the  gaol  for  ever,  i™ 
two  are  cited  by  my  lord  Coke  a  Insl.  ^'^^m 
in  sir  Geiirire  Reynal's  case,  P  Rrj'Oi'.  R* 
herben'sAbridgcmenl.Titl'CoroirHifl'l* 
a  lavinan  was  ulcen  in  a  nAbery,  the  ••^"t 
challenges  him  as  a  clerk,  wber«ii  I^V? 
....    -  fi,rhi.6b.M 


layman  t 


LH  ruled,  that  ( 


the  king,  and  lose  his  iranchiw 
clerks  for  him  and   his  soccreson  ■"  --j 
Thus  far  in  plaih.  That  Iranchisei,  if  ""(^ 
are  forfeiln) ;    and  Ihst  thoueh  (nr?™  2 
persons   ina  corpomtecapwity,  as  si'l"** 
the  cases  put.     A»d  then  as  a  corpwaK|*  ■ 
forfiiitany  franchisetlicy  are  seized  of'"'!! 
of  the  corporatioii,  so  tuay  a  corpenl'"*^ 
the  fnutchise  of  tlie  corporation  iwit.^ 
the  same  ffrotuid  and  renson  in  law :  ^ 
any  oiw  will  say  the  fmnchise  of  benf ' 
poralion  cniinol  be  misused  ;   and  iHU 
be  very  strange  matter  to  assert. 

Every  corporation  is  entrusted  with 
cliisctumake  laws  for  govemin);  di' 
wilhin  it's   |urisdictian.     Ifibal  pi'"* 
erciaed  to  tlic  sul^ecb  pn^udiee,  i: 
it  were  an  hard  mailer  if  iherc  wei 
redress  that  grievance.     4Suppo8e  i 
under  their  common  seal  iliooU 
rabelUon,  ttohU  any  man  uy  that  if**' 


]     STATE  TRIALS,  34  Charlbs  II.  iGs^.-^nd  the  Ciiy  of  L&mbm.    [1090 


!?  It  is  said  indeed  by  Pigot,  SI  Ed.  4. 
Arguendo  upon  a  case  (where  the  ques- 
,  H  hether  a  corporation  should  avoid  a 
ntered  into  by  the  mayor  by  duress,) 
I  corporation  can  neither  commit  treason 
ny ;  hut  upon  the  some  reason  that  he 
That  a  corporation  cannot  act  at  all,  that 
tractedl^  from  all  the  members  of  it ;  for 
I  notion  is,  that  a  coi'poration  is  a  body  in 
eration  of  law  only,  and  not  reality  ;  and 
ire  the  particular  act  even  of  th^  head  of 
•ody  shall  affect  him  personally  only, 
lis  IS  only  a  notion  of  his  arguing  ;  but  it 
best  opmion  of  that  book,  that  duress  to 
imbers  did  so  affect  the  corporation,  that 
lid  avoid  the  bond. 

rmy  lord,  a  corporation  may  be  sur- 
ed ;  and  surdy  tliat  that  may  be  sur- 
ed,  mav  be  foricited  ;  and  I  shall  offer 
•floe  autnorities  in  this  case,  12  E.  3.  rot. 
memb.  36,  a  writ  is  directed  to  the  con- 
pf  Dover,  reciting.  That  the  Cinque-ports 
iied  divers  goods  of  se^  eral  merchant 
ns,  Portugueses,  and  others ;  and  the 
HDmands  that  right  should  be  done,  or 
le  franchise  should  be  seised  into  the 
bands,  6  £d.  S,  rot.  clans.  No.  5.  The 
9  of  the  city  of  Bristol  were  seised,  and 
itody  of  it  g^ranted  to  ■  for  diivers 
ipCs  and  injuries  d6ne  *  per  majorem,  ba- 
etconunonitat.' totheking;  and  so  the 
RollsofR.S.  m.  6. 

re  it  another  case  that  comes  further, 
9  Edw.  1.  Muus  rot  25.  I  find  it  like- 
moDg  my  lord  chief  justice  Hale's  col- 
li &t  he  has  given  to  Lincoln's-inn 
;  I  took  it  out  of  that  book :  It  is  in 
Uection  of  the  Adjudicatain  time  of  Edw. 
S8,  a.  Thus  it  was:  There  was  the 
if  Sc  Austin  in  Canterbury  had  made  an 
lent  with  the  men  of  Sandwich,  aliout 
'ten  hogsheads  of  wine  yearly  to  the 
and  there  was  due  to  the  abbot  some 
marks,  and  he  had  ju<lgment,  and  exe- 
wcnt  out ;  and  thus  it  is  in  the  book, 
•  "  mandatur,  quod  levari  fac*  30 

«B  de  bonis  ipsius,  ad  opus  Abbatis,  pro 
)  10  Doleorum  Viui  annuatim  sol  vend*.' 
icy  made  rescue  when  the  sheriff  came 
sate  the  writ,  and  they  were  sued  for 
■ad  the  judgment  of  the  kinc  and  his 
If  which  was  by  pariiament,  for  it  was 
aedinto  parliament,  was,  *  QwkX  libertos 
uidwich  forisfact'  sit.'  And  tlierc  is  this 
Miop,  though  it  be  writtc-n  with  the  same 
whidi  is  not  his,  but  the  clerk's  that 
ribedit,  *  Judicium  illud  extendit  contra 
M  5  Portimm,  et  eorum  libertates,  ut 
videtar.'  Tliese  are  the  words  of  that 
And  thia  will  go  a  great  way  with  the 
'  London,  as  to  their  confimiation  of 
^  Cbaita;  lor  the  Cinque  Ports  are 
M  by  act  of  parliament,  as  well  as 

«  i^Iord,  there  are  many  cases  of  like 
H  IM  that  even  in  the  case  of  the  city  of 
^^  u  I  ihaU  sbtir  you  by  and  by. 

^  VIII. 


Now  though  these  are  not  judgments  in  Quo 
Warranto's,  to  out  a  corporation  of  a  franchise 
of  being  a  corporation,  yet  it  shews,  that  these 
things  wei*e  forfeitures  of  all  the  franchises  of  a 
corporation ;  for  a  seisure  is  never  but  where 
there  is  matter  for  forfeiture  found  upon  record, 
as  in  sir  George  Reynel's  case ;  or  to  ground 
a  forfeiture,  upon  which  to  bring  a  Quo  War- 
ranto, as  in  our  case.  But  in  the  case  of  9 
Edw.  1,  theit;  it  does  aupear  judgment  was 

E'ven  by  the  parliament,  that  the  liberty  should 
J  forfeited,  not  that  it  should  be  seised  into 
the  king's  hands  only. 

Now,  my  lord,  wherie  all  the  franchises  of  a 
corporation  are  forfeited,  what  is  the  corpora- 
tion ?  Truly,  it  is  nothing,  it  is  but  a  name ;  a 
corporation  without  a  power  to  act,  is  nothing  at 
all.  Indeed,  I  do  not  find  any  judgment  in  a 
Quo  Warranto  of  a  corpordtion  being  forfeited) 
yet,  my  lord,  it  doth  not  follow  from  thence 
that  this  cannot  be  by  law ;  for  many  Quo 
Warrantos  have  been  brought  against  Londk>ny 
and  other  places  too,  to  out  corporations  of  theu* 
franchises,  but  it  hath  always  ended  in  submis- 
sion to  the  king,  and  so  they  have  been  at  quiet* 
All  the  Quo  Warrantos  in  Mr.  Attorney 
Palmer's  time,  after  the  king's  restoratkm, 
agaiiistthe  several  corporations,  they  all  sub-* 
mitted ;  and  yet  that  was  to  question  the  very 
being  of  their  corporations. 

Now,  my  lord,  pray  consider  a  little  upon 
the  rule  of  law.  It  should  seem  very  strange, 
if  a  corporation  should  neglect  to  come  into 
e\TC,  or  into  the  King's-bench,  the  same  term 
that  a  Quo  Warranto  is  brought  a^nst  tfaem, 
they  must  be  outed  of  their  mnchise  for  ever, 
as  It  is  said  15  Edw.  4,  6  and  7.  And  yiet» 
when  all  the  contempts  and  oppositions  imagin- 
able are  found  upon  record,  tluit  this  should 
not  be  a  forfeiture,  that  seems  absurd  that  a 
neglect  in  eyre  should  do  it,  but  all  the  op- 
pressions and  offences  in  the  world,  when  found 
upon  record,  should  not  do  it. 

3.  But,  my  lord,  the  mischiefs  that  would 
follow  from  hence  are  very  great.  How  many 
oppressions  and  offences  would  be  daily  com- 
mitted, if  every  corporation  were  a  franchise 
and  jurisdiction  independent  upon  the  crown  ? 
and  the  nunishment  truly  of  some  particular 
men  for  tnose  offences  would  not  be  adequate, 
where  the  |H)wer  of  offending  and  misgovern- 
ing should  still  remain  ;  sure  that  were  no 
adequate  redress  of  such  an  inconvenience. 
And  to  this  purpose,  my  lord,  J  shall  humbly 
offer  a  case,  and  it  is  that  great  case  between 
the  earU  of  Gloucester  and^  Hereford,  Uil'  20 
Edw.  1,  in  B.  R.  rot.  Wallie  14.  It  w  likewise 
in  Riley's  Placita  Pariiamenti,  83,  86.  The 
case  is  this  in  short:  They  both  claimed  the 
liberty  oi^  Ketuma  Breviuniy  and  they  had 
incurred  great  contempts  in  refusing  to  obey 
the  king's  WTits;  and  iudgment  was  given 
against  them,  that  the  lioerty  should  be  seised 
for  this  reason,  which,  I  tliink,  will  go  a  gr^t 
way  in  this  case,  and  for  which  I  offer  it, 
*  (iuia  punicnduB  est  Dominus  libertatis  in  eu 
«  quo  delif^uiL'    I  xVuvk^  na^Vx^^  %»  \va^ 

4A 


ro9ii  STA- 


l?iat  will  prt>  a  Kfeat 
\li«  rfMinii  of  the  lun. 

My  lonl,  it'  llie  graiiiius  of  too  many  and  too 
Urge  thuifhisea  were  a  nitschtef,  aa  cprtainly  it 
was  by  tlic  Ian',  ddiI  asspiiears  by  thi^Com- 
moDs  (wtibonti  91  Edw.  3,  rot.  par).  No.  17, 
v here  ihej  pwy,  Thai  new  and  large  tna- 
e\^aes  may'iiiitl>e  panted,  bfCftilse  it  leniieil  to 
the  overilirawi»g  the  tinninon  law,  and  ^reat 
oppressiqn  of  the  jieople.  And  ih*-  king's  wi- 
tmr  iras,  That  rare  >^hoil1d  tie  taken  lor  the 
time  to  come.  1  cay  then,  if  this  were  sucb  a 
mischi^.  lliat  thtre  ought  not  tn  be  granted 
new'  and  large  fraflchiM*,  much  more  w>!iuld 
it  be  a  misi^hief,  if  Ihesi-  lranchi»es  slmnlil  not 
be  under  the  controul  of  the  law,  wh™  they 
nvise  siich  oppresiino.  And  so,  nijr  lord,  I 
U1  leave  tliat  point ;  for  I  lUink  it  wiH  he 
Wy  e1«ar,that  a  corpomtion  may  forfeit  theii' 


■ntftty 


shail  next  consider,  ■  Wliellter  the 
*cily  ot'Lottdoobe  inanvoliierpli^litthanan^ 
•olh<-r  ccirpunuioDs.'  I  think,  truly,  there  u 
MdilTetvnre  at  all.  Now  this  question  doth  de- 
«i|ion  what  thev  have  ael  forth  by  their 
and  Uiat  is,  die  ennflrrnalioo  of  Magna 
pap.  9, '  CivitBs  London'  habcat  oinnes 
'dates  Btiaa  anliqiias,  et  ponsiieluiliiies 
And  then  the  act  of  1  Edw.  3,  upon 
ay  lord  Coke,  in  bis  4  liisl.  sns,  says, 
(be  frnnchitie  of  thin  oity  ihalt  not  lor  any 
■*  {«  aeigcA  into  the  Iuiij^'b  lisnds.  And 
,  that  of  7  It.  J,  which  mya,  thai  the  rily 
ttil  enjoy  its  tibole  liberlii-i,  '  licet  nun  usi 
**«)  abiiNi.'  This  h  iheir  foundation,  upon 
Whtch  they  wotili)  rii«lingujsU  this  city  from  nil 
MbeTiYirporations.  Nunaslo  tliOKC thin;^,  1 
give  these  uxwers. 

First  liir  Magna  Cliana,  Tlial  plainly  Is  n(i 
'more  ii  coiilirniniii<n  to  ibeni,  ihnn  it  is  to  ntliET 
(■lies  Rud  coriioraiinici.  For  not  only  the  city 
of  LiiDilon  is  named  in  havr-  its  ancieul  liberties 
•nd  customs  11  referred,  hut  it  is  likewise  *  oi 
'ii»  aliie  CiTitnt"  \-f.'  And  all  cities.  1 
matrbA,  alij  lowiu^,  and  the  barons  of  Cinitt 

and  all  other  porti,  shonld  have  alt  their 
stoms.  So  my  lord  Coki 
'«KKe»  it  in  liis  comment.  And  m  what  he 
'«ies  nut  of  the  Mirror  of  Justice,  and  other 
Mieient  autliora  of  unrlaw,  they  should  PDJoy 
-tteir  franchises  which  they  had  nRlit  to  by 
•ItwAil  title  ol'thegif)  and  eonRrmatian  of  the 
ini^,  and  which  tliey  had  not  forfeited  by  any 
•biue.  So  tliet  the  act  which  conhmieil  I'hem, 
£d  not  pitrge  former  furteitiirrs,  much  lesk  did 
it  license  other  aboacs. 

Then  for  ihdr  acts  of  1  Rdw,  ^,  and  7  K.  3, 
I  aliall  humbly  offer  this,  Tliat  as  iliey  a 
tnilhnoacla  of  parliaiueulatall,  no  lliey  will 
not  cuneii'm  this  qiie^ition,  whatsoever  my  lunl 
iCofce  Kays  cnaccming  them.  Km  I  shaft  give 
■MUM  iiiiitance*  before  thrse  ads,  lo  shew  tliat 
trilty  nner  hail  tiich  an  iniauebtionable  power 
Ml  Uioy  now  drmm  of.  and  lltvn  »m>e  insiiuii-es 
»  kIWrtinics,  ihal  there  cither  were  no  such 
acta,  orno^uch  tenwallrasi  is  to  be  pin  upuo 
JiM%  mbay  hfTK  ciraiBwlta  Make. 


freeman  ;  and  this  implies,  ihal  thr  fhodi 
was  seised  into  the  kingf's  handi.  tW  rtwrM 
a  power  to  choose  de  iriptit  byrhuttrht 
king  Johii,  a  tntizen  to  be  mayor  nr  liad  ff 
vemor ;  but  here  was  onotbirt  ^vmor  ^ 
pointed  them. 

Then  Itot'  Pat'  S(i  Edw.  I,  '  llci  fia^m 
'  senido  ciril'  Londtm'  reddil  tiicnil'a* 
'  lyindon'  habend'  diet'  riribiu  >i  nW 
'  Hffiis.  Te«f  Bcge."  So  ibailMhlhtif 
and  all  its  franchise!!,  were  Kurd  ai  llnl  \m 
ioT  he  rcstiired  the  teiy  city  uf  Lontia  all 
citixeM '  habend'  during  hi*  will  mdoltaH 
Thos,  my  lord,  it  slo>>d  in  tlie  lime  ulEM' 
then  in  the  timt!  of  Edw.  3,  aowd  tfn;1 
Edw.  3,  inemb.  91,  of  tiie  Pat.  HnlK  «l 
Itex  dimisil  ciTibus  London'  otfidiin  M 
cititat'  London.'  ]5  Eilw,  S,  '  Ba  4 
lioentiam  eligendi  Major'  London'.'  Ui 
the  second  part  ofPal' Rolls  15  Ed«.l,a. 
the  kinif  redtei.  That  Mhrresu  in  llnl 
year  of  his  reign  he  had  repkiitd  In  lln 
b(fic«  of  mayor,  '  usque  quindtnia  ftl 
'  Martini,'  and  at»o  recites,  which  oSa 
leiaed  into  the  king's  hands  by  tbc  JiA 
■yrcin  theTower  of  Ijondon,  andbom*' 

'specif'  be  did  grsDi  thetn  th«wi*l 
iHitmrfiu,  Ace. 

Then  the  second  part  ofPat'BnIl' in  »Wj 

'    it  is  recited,  that  the   kim;  hiil  srixJ" 

of  the  majoraltv,  and  hart  rt^WntM 

time  to  time ;  a'ud  that  upe  Hifl* 


portc,  and 
KberttesBi 


from  time 

deChitpvell  was  made 
crpled  nf  him  ftir 


■S:M 


..,thekiE«M« 
.,,..^.,.  «....  .,-.  ,.„._.«.,  El  K£i»iil«"J 
graliam  ubcrioreiu  fccere,'  gtai*  ta  ■ 
ulhce  of  mayor. 

Now,  mylord,  theseseizm-e*  shew 
that  llie  fnutchiiies  of  th< 
for  other  Ihey  were  seised  u|iou  nialtcr  <  * 
•.■on)  foundfura  <orteilure,  orelic  npciii  M 
matter  which  was  to  lie  a  pround  otaMi 
tiire.  So  then  tlicv  ivere  ^solutely  com,  A 
1  do  not  liiid  that  tfccse  were  em  l^*«# 
the  kind's  hand-i  by  process  of  law,  bW  * 
restored  by  grace  and  favour ;  for  til  iW  * 
E.  ?.  it  appears,  that  they  so  long  caalM 
in  the  king  s  hands,  and  he  absolulrly  difR 
of  them. 

Herein  now  a  faiour  tQ  thein.anda  |ta* 
rcslitulian.  Thus  it  stood  inthc  rrimii 
1.  andE,  t'.  V 

Now  the  next  thing  will  be  fnr(b«riri 
1  E.  'J,  which  they  Imck  Willi  my  biMCM 
oliiervalioa*upoii  it,  that  it  was  uutWifaMjl 
liuiatnli.  Now,  truly  my  lonl,  lliereia  Mi 
act  of  parliauiem,  tlial  is  any  when*  «■« 
It  is  DOi  in  print,  neither  arv  thtftv  any  M 
went  mils  of  K.  S'l  time  till  i  ti.  S.    jfi 

that  cite«  il.  my  lord  C^ike  hiniM-lt',  ritWIJI 
utallli'ril;  so  tliat  where  we  i-liallAaddp 


^         i 


^^^£93]     STATE  TRIALS^  34  Ch aeles  I] 

personal  trespass  of  officers  the  liberties 
ae  cit^  should  not  be  seised :  but  that  siffni- 
nothing,  for  that  is  not  our  case.    There 
of  the  corporations,  not  of  pairticular 
;  though  1  cannot  but  observe  how  the 
was  taken  to  be  at  that  time,  before  this 
r  pretended  act,  even  for  the  offence  ofnri- 
BT  officers:  andUiat  appears  to  lie  the  law 
in  the  case  of  9  £.  1,  which  I  cited  bc- 
,  which  was  only  the  offence  of  the  mayor 
Suidwich,  who  refused  to  answer  for  a  tres- 
tnd  a  rescue  ^tls  committed,  and  the 
i  liberty  seised. 
Ntw  this  act  of  1  E.  3,  he  it  what  it  will, 
the}'  would  take  it  in  that  sense,  that 
fiifieiturc  should  be  incurred  for  the  trespass 
officer,  yet  I  find  quite  the  contrary  therc- 
aad  that  it  hath  not  prevailed  even  in 
lense.    For5£.  3,  rot.  claus.   14.  there 
lung  did  discharge  one  from  the  office  of 
__      ^yor,  and  commands  the  aldermen  and  com- 
"^■Mudty  to  choose  another.  Now  this,  my  h)rd, 
f9'_teke  to  be  not  so  much  a  punishment  "of  the 
%  as  a  breaking  in  upon  the  franchise  itself. 
I  shall  shew  more  fully  in  the  reign  of  li. 
tihat  this  was  done. 

Yet  I  will  fint  take  notice  of  tlie  statute  of 

S,  which  is  the  next  thing  that  they  ix-Iy 

;  and  this,  with  submission,  is  no  act  of 

^nt  neither ;  for  thouc^h  niy  lord  Coke, 

.^^  ^  5th  Inst.  205.  says,  this  is  the  statute 

^^^otionedin  our  books,  wliich  supports  the 

in  London  to  devise  in  Mortmain,  and 

customs  aj^st  acts  of  parliament  and 

^^^  authorities  m  the  margin ;  yet  my  lord,  1 

*^lre  looked,  and  can  find  none  ot'thcm  to  sjHiak 

^&e  puqMKse  for  which  they  are  cited,  but  the 

*Oak  of  7  H.  6.  fol.  1.  where  the  custom  of 

'l4Hidon  to  devise  in  Mortmain  is  in  question; 

'   Ittd  there  it  was  ruled  a  good  custom,  because 

'  tftfae  statute  that  confinns  it  aiier  tlie  statute 

tf Mortmain,  but  says  the  book,  quere  the  sta- 

late ;  so  that  they  were  not  well  {apprized  of 

'  he  statute  in  those  days,  tlicm^h  this  were  the 

ftandation  of  all  tliese  resolutions  of  that  kind. 

It  appeal's  by  the  roll,  that  it  is  no  act  of  par-* 

luneBt  in  the  nature  of  it,  for  it  is  7  U.  3.  No. 

37.  it  is  a  prayer  of  the  Commons,  that  there 

iught  be  a  parent  granted  to  the  citv  confirm - 

JDff'    their  liberties,  '  licet    non  usf  vol  abnsi 

<iiierint.'    And  the  answer  was,  '  I^  Roy  lo 

TCuh  ;'  but  this  is  no  act  of  parliament,  it  is  no 


than  a  confinnation  of  the  lettc^rs  ])atents, 
which  had  been  1  U.  2.  Besides  further, 
tiiere  never  was  any  patent  gi-anted  in  pur- 
flMDceof  this  act :  And  yet  it  is  plain,  that  if 
It  had  been  so,  it  would  only  have  extiendetl  to 
Ibrfeitures  that  were  past,  but  could  never 
amount  to  a  dispensation  or  licence  for  the 
flrtare.  And  my  lord,  this  appears  by  these 
authorities  and  records  that  1  sliall  now  cite. 
lliefirst  partof  Pat*  Rolls  IG  R.  2,  niembr.  36, 
37.  whereby  it  fully  appears,  that  not  with - 
atandiDg  these  pretended  statutes,  there  was  no 
snch  pnvilege  in  the  city,  but  that  for  the  of- 
loices  of  their  officers,  or  tbeiiiseh  crs,  the  fran- 
cbisa  should  be  seised. 


But,  my  lord,  I  must  jk  little  observ  e,  that 
truly  the  city  have  attempted  to  i-aise  thtm^ 
selves  above  the  fear  of  any  judgment  in  any 
of  the  king's  courts ;  for  in  1  U.  '^.  Pari. 
Roll  126.  there  they  i>etition  for  a  confinna- 
tion of  their  cliaracter,  with  a  clause  of  '  licet 
non  usi  vel  abubi,'  which  wsis  that  they  then 
would  have  to  be  done  in  parliament  for  th(*m. 
But  they  doUkewise  desire  ui  their  petition,  that 
notwitlistandhig  any  statute,  privilege,  charters, 
juda;ment  niaile,  or  to  be  made  to  tlic  coiitrury, 
their  liberties  might  bi^  confirmed  ;  of  this,  it 
is  said,  the  king  will  advise.  Tliere  is  in  1  R. 
2.  Parliament  Rolls  121.  as  pleasant  a  petitiou 
as  the  other  ;  they  there  do  cfesire,  that  the  in- 
terpretation of  their  charter  may  be  left  to 
themselves ;  and  where  it  is  doubting,  such 
meaning  as  they  should  put  upon  it  should  be 
allowable.  But  to  that  the  king's  answer  was. 
That  he  would  make  the  interpretation  of  his 
own  charters,  according  as  his  couueil  should 
advise.  »So  tliat  1  observe,  they  would  fain 
have  been  absolute,  but  they  could  never  do  it ; 
it  hath  always  been  denie<l  them.  So  that 
fi*om  what  was  do;ie  at  this  time,  and  alter  7 
R.  2,  it  does  appear  plainly,  that  there  was  no 
difTcreiioe  betwet-n  the  city  of  liomlonand  any 
other  coqxjration,  only  this  is  really  the 
greatest.  But  as  all  greatness  is  the  king's 
favour;  so  when  men  forget  their  duty,  in 
abusing  the  king's  favour,  this  great  court  is 
the  place  to  put  them  in  muid  of  it.  I  come.thcu 
to  the  third  qucrstion  : 

3.  *  Whetiier  the  act  of  the  mayor,  aldermen 

*  and   commonalty,    in  common   council  as- 

*  sembled,  be  an  act  of  the  corporation,  so  as 

*  to  make  a  forfeiture  of  tJie  whole  ?'  And  with 
submissiou,  my  lord,  that  will  be  pretty  clear 
too  u|)on  these  reasons : 

1.  First  of  all,  the  whole  coqM)ratien  is  fully 
represented  by  them,  notwithstanding  the  dis- 
parity of  number  set  fortli  in  their  rejoinder. 

2.  Again,  all  by-laws  and  ordinances  made 
fi»r  the  goo<l  government  and  order  of  the  city, 
are  certainly  the  acts  of  the  corporation  ;  bu^ 
the  sole  power  of  making  those  laws  is  in  the 
mayor,  aldermen  and  common  cuuucil ;  and 
therefore  sure  the  whole  power  of  the  corpo- 
tion  is  in  the  common  council. 

3.  They  have  the  sole  power  of  the  corpo- 
ration-seal. They  can  bind  all  the  wluilc  cor- 
poration by  any  aJienation  to,  or  cliarge  upon 
their  inheritance  ;  and  by  consequence  they 
may  surrender  all  or  any  of  their  franchises, 
an(l  then  as  I  said,  they  may  forfeit  them. 

4.  They  have  plea<1ed  tnat  there  liatli  been 
time  out  of  mind  a  common  council,  consisting 
of  the  mayor,  aldermen  and  250  citizens,  who 
are  called  the  Commons  of  the  city-  So  that  it 
shall  be  intende<l  now,  that  as  they  have  pres- 
cribed for  it  as  incident  to  their  corporation,  it 
was  part  of  their  original  constitution  to  be  thus 
represented  by  them,  and  ruled  and  governed 
by  their  laws  :  but  there  is  another  reason  for 
it,  and  that  is,  that  it  is  an  inse|>arable  incident 
to  a  corporation,  implied  in  law  without  grant. 
that  they  have  a  power  to  make  hy-Ia\va»  tv 


1095]  STATE  TRIALS,  3*Ch 

Inad  Ihe  corporatioii,  without  wliich  there  were 
no  gavennnent  in  a  coqKtralion ;  and  ihertfore 
B  misuBure  of  that  power  must  be  a  forfeiture 
«rtbnrcarpor«tiun,  because  it  in  a  breach  of 
their  origiaal  trust :  as  Asais.  i>\.  31.  there  is 
ibis  rule  ^Ten.aad  a  It  ue  one  <t  U,  whtrc  there 
are  many  fraui:hi£es  grBnted,  which  iln  nut  ile- 
peoil  one  upon  anolhfr,  there  the  misusure  of 
one  U  a  fbrieiture  of  tliat  one  whicli  was  mis- 
DseJ;  bntirlicre  there  are  seTeral  parts  of  ft 
franchise  depending  all  upon  the  said  franchise, 
if  any  pai^  be  nusu»ail,  the  entire  franchisei 
ehall  lie  fnrfeilcil.  As  Ibr  iuilaace,  if  a  man 
baTe  alkir,  acunrt  of  Pypovrilersis  inciileni  In 
it,  tlie  misusure  of  thai  court  of  Py  powders  is  a 
furf^lure  of  tin'  whole  fair  itnelti  for  where 
anypart  is  abuseil  that  is  inciileut  to  an  en- 
tire fraiichiw,  that  ahtise  forfeit*  the  whole. 

Ami  ihia  in  the  npinioii  of  I'aluior'ti  Repurti 
in  lliG  caae  of  tlie  corporatiun  of  IVIaidenhcaH. 
wtiefe  it  IH  duiihtrd  whetlier  the  market  waa 
forfeitfil  fiir  taking  too  much  loll,  because  ilie 
Intl  wn*  not  inse|>anihly  incident  to  the  marbet, 
nod  «»  was  not  ilppendent  ujion  the  entire  fran- 
clilne,  ant]  there  the  rule  is  takim,  a^i  1  hare 
nid  bef»nr,  that  the  miausura  of  a  ]iart  of  an 
entire  (Vanchi«e ;  or  a  power  that  is  incident  to 
it,  L>  a  forfeiture  of  the  franchise. 

Then,  my  lord,  if  tliey  cannot  furfpit  hTe, 
thn  whole  power  of  the  Iruat  of  the  corporalioo 
ii  repwed  in  them,  and  may  be  niizuised  bjr 
tbeni,  to  the  oppreasion  of  the  kiiiK's  subjecti, 
andlhcrt:  is  ii<i  L'tnu-<ly.  if  they  shall  n'<)1  l>c 
puuishtti  at  nil.  F'lr  it  \n  iiiueli  hnrilti'  to  isiiy , 
that  Kuteral  nets  of  nil  the  particular  [lersona 
Ehoidd  forfeit  the  corporation,  than  that  llieir 
joiDt  acts  should  do  it.  But  this,  my  lord,  is 
an  act  contrary  to  the  trust  upon  creating  the 
corporation,  and  may  tie  a  misusure  to  the  pre- 
judice anil  oppressiuii  of  all  people ;  and  if  this 
ahould  out  forfeit  the  curporalinn,  there  is  no 
remedy  at  ^1,  but  the  power  remains  ol'  op- 
presbing  as  it  did  liefore. 

Now,  ray  lord,  1  think,  with  Mibmission,  I 
haren^adeit  pretty  plain;  and  as  they  are  not 
distinguished  frnin  other  corporations  in  point 
of  priTileKeasto  Ibrl'eilurcs,  so  this  is  their  act, 
and  shall  bind  them,  being  done  by  their  rcpre> 


LE8  n.  1 682.— Proctf  rf(tig-<  iftmm  Ih  Bi^  [losj 
(a.)  Whether  if  they  beat  no  tithL  i« 
takitiif  upon  them  la  make  a  Uw  be  idM'    !>«■ 


(1.)  For  iheiTTi^ht  tli«  depmb  tfoi 
prewription  to  ha«e  reusuniibletoll,u  Ihiji 
it  forth,  anil  thin,  as  thi:v  have  plniM  li,  ^ 
pairs  to  be  no  ri^lit  at  all  -  fur  a  pnontifWI     iM 
Lave  toll  and  lolWr,  not  nhewiac  bw  U     i*l 
iil^oertain,   in   void;  for  rawontlMP  hR  it  I     ^^ 
incideut  to  a  luarkt-l.  hut  lh«  party  bw  ll  Iff    fc  ^ 
the  king's  utant,  attd  so  it  ww  admdjnlitth     e.  mn 
court.  Mich.  39  and  40  Klix.  clM  by  bij  li     !'W\ 
Coke  in  Uie  second  lust.  iW.    So  if  ihi  li       n  at 
Grant  a  toll,  if  lie  do  not  in  his  cianl  wa 
how  marh  shall  be  taki>n  for  toB,  Mp 
is  Toid,  and  so  ii  the  prtwf^tlon  t«o, » ]      «.  It  i 
may  cecin  the  curporalian  (if  MiiflmWl      '<» 
Palmer's  R<T»orts,  fol.  79.  gronnW  if*      -dlr 
II. e,  45.  and   U   11.  6.   19.  ladmiiii      I*"* 
th<*  opinion  nf  Cupham  in  the  caic  of  Bt^8^^ 
and  Weel'lhnuse,  for  no  sutncclcu|il 
toll,  by  Ihe  ^nu>t  of  die  kin;, 
iiy  lord,  thu  is  nut  pniperly  a  I 
tlier.  nor  in  the  ualare  of  a  toll ;  fcr  ihak 
wayN  paid  by  the  buyer,  and  nerer  f«iiW 
a  sale ;  but  here  oil  Uiat  coniw  » tha  tm 
Mdirtherthey  buy  or  not  bay,  idlnal^ 
they  must  jiay  by  this  low,      My  loid,  1  m 

fess  there  may  lie  a  custom  for  pi "*  •" 

for  standmgs  in  a  tUir  or  marital. 
WU9H.  6,45,bntyettbalmiMtbeM 
'—  '-  '  certain  mm,  which  is  —  *■ 


IV. 


,   The  first  is  the  making:  nrUial  law  ii 
imon  council  for  the  levying  of  snni 
money  upon  the  king's  subjects,  and  the  ai 
leryiiig  of  those  sums  accordingly ;  anil  this 
fliey  justify  under  their  prescription  to  have 
'eMmabls  "*}}»,  as  they  set  Ibrth  m  Ibrir  plead 


ings,  from  all ,  . 
keU  to  sell  provi 
du'^thdriolUi 
mo[(  council.      • 

ll*t  my  lord,  tliB  nrs,  ,■,.,„„  t»  Ix.  ...m^i, 

«i  Vh,    j  ,    ;  '"^1  iL<iii;r  to  l>e  cfmaii 
i»;'J^     "^''"'''^'vl'wto  these 

"""^y  Mseaaiid  by  the  by-law?  aad 


II  llipre,  and  |iowcr  tc 
leriaiiiiy  by  an  act  uf  i 
'^  i^   thi-ir   inslificaliou 


ntmofntonej 


And   thin 


aloUthruugll.viiiA  I 

sum  ;  for  they  ■*  1 

It  of  them  DO — 


all  by  pre^scciption.  and  a  grai 
certain  would  not  be  gooil. 

But,  luy  lord,howeTor,judgmentnpmlhM  1 
pleadinea'iiiusl  be  given  against  the  ci^ ;  h  I 
either  iTie  prescription,  as  they  have  set  it  M  1 
is  good,  or  it  is  not  good  ;  if  it  be  good,  iW  I 
ihc  tTBTcrse  that  is  taken  is  we^l   lakn,  t>  I 
wit.  that  they  bare  no  sucli  custom,  and  tbrf  I 
ought  to hafelaken  issueunontbalH-bicbtb^   I 
have  not  done ;  fo>,  ray  lora,  they  haie  oka   I 
issue  thus,  that,  time  oulof  mind,  thej*  hareM 
reasonable  toll   of  all  iwrsons  coming  to  At    I 
market  to  sell  their  promion,  nithoutlywcrf   ] 
it  to  the  reasonable  toll  assessed  and  reducMk    I 
certainly  by  the  law ;  and  this  is  naught :  M 
though  they  had  a  reasonable  toll  in  ^[enall, 
taking  the  prescriiitiDn  to  be  good,  yet  if  eilk« 
that  reasonable  toll  in  the  u**  of  it  were  not  tdM 
that  value  that  tbeyaMHI 


reB.-ionaUe  toll,  that  they  baxl  uot,  time  out  cif 
raind,  such  a  toll  as  tbey  set  fortli  ;  f<ir  il  mail 
l>e  such  aTea.snnablR  toll  as  may  answer  to  tkU 
which  is  assessed  in  the  by-law  ;  and  that  ibty 
baTt!  not  put  in  issue.  For  the  king,  whoi 
once  he  hatli  granted  a  market,  cannot  alW 
grant  toil  to  that  market,  becaace  il  itafne 
market,  and  the  people  have  right  to  coiaeta 
it  as  a  free  market ;  neither  can  they,  itbai 
once  by  cuslom  they  haie  eiercised  theu'po'M' 
ofasaessiog  reasonable  toll,  alter  that  at  iheit 


4097]     STATE  TRIALS,  34  Charles  II.  l685>.— ^xi  the  City  of  London.    [1095 

Togiiiiig',  and  dissolving  pailiamrnts ;  to  say 
that  act  of  his  was  an  interruption  of  justice,  in 
:ill  one  as  to  say,  the  king*  did  interru|>t :  And 
'tis  done  by  them  as  a  corporation,  'tis  the  act 
of  the  city  in  their  common  council  in  the 
name  of  the  cor[K>ration ;  and,  as*  ne  have 
pleaded  it,  the  mayor,  citizens,  and  com- 
monalty, in  common  council  did  do  it,  which 
sure  is  the  corporation,  as  they  would  have  it. 
And  that  I  rely  u[H>n  for  the  reasons  I  oifered 
befon>  upon  that  }>oint. 

Then  the  nuitter  of  this  Petition  is  tlie  taking 
upon  them  to  censure  the  king  and  his  govern- 
ment by  this  Petition.  The  printing  and  dis- 
persing it  is  now  publicly  scandalizing  and 
libelling  tlic  king ;  for  *tis  in  the  nature  of  an 
appeal  to  the  peo))lc :  'tis  unlawful  to  print  any 
man's  private  case,  while  it  Is  de^iending  in  any 
court  of  judicature,  before  it  comes  to  judg- 
ment, because  'tis  an  appeal  to  the  people. 
And  that  was  my  I^rd  Chief  Justice  Halcs's 
opinion  in  cobuel  King's  case.  And  the  ill 
consequences  of  such  proceedings  aro  so  many. 
and  the  danger  so  e\ident  in  thcsv  licentious 
days,  that  I  do  not  know  indeeil  whither  it  may 
tend. 

The  fact  is  confessed  by  them  in  tlieir  re« 
joinder ;  hut  they  say  they  did  it  to  .illcfiatc 
men's  fears,  and  quiet  tlieir  minds  abtq.  hnc,  that 
they  did  it  <  aliter  vel  alio  modo.'  Surely,  itij 
lorn,  this  is  no  sort  of  excuse  in  the  world,  nor  is 
it  capable  of  any.  They  have  owned  the  thing, 
but  tney  have  excuseil  it  in  the  manner  of  doing 
thereof.  And  I  may  venture  to  say  the  tra- 
verse is  impertinent :  Suppose  a  man  be  in- 
dicted for  publishing  a  libel,  and  he  o;\iis  the 
fact,  but  dotli  traverse  absq.  hoL\  that  he  did  it 
mafiiios^f  or  with  an  intent  to  deiame,  that 
surely  would  he  an  idle  thing ;  for  those  arr 
constructions  that  the  law  puts  upon  it,  and  are 
not  matters  traversable,  or  to  be  put  in  issue. 
But  if  the  fact  be  done,  the  law  says,  'tis  mali- 
ciously done,  and  with  such  an  intention. 
Therefore  a  confession  of  the  fact  is  a  confes- 
sion of  all  the  consequences  that  the  law  puts 
u])on  the  fact. 

My  lord,  this  can  amount  to  no  less  than  the 
forfeiture  of  their  charter,  not  only  for  the 
greatness  of  tlie  offence,  but  because  otliorwiso 
the  law  would  be  unequal ;  for  if  this  were  the 
rase  of  a  private  common  person,  he  nuist  b^ 
fined  and  imprisoned  during  the  king's  plea- 
sure, as  was  toe  casi*  of  llanison  in  1.  Cr.  603, 
for  words  spoken  of  iiisticc  Hutton.  Now,  my 
lord,  a  corporation  is  not  capable  of  suffering 
thb)  imprisonment ;  and  therefore  'tis  a  much 
greater  offence  in  theui,  as  the  boduis  greater 
than  any  particular  member :  AntPthen,  that 
which  is  a  greater  offence  would  have  a  lost 
punishment,  if  the  charter  itself  were  not  for- 
feit(*d,  than  it  would  if  a  particular  person  were 
punished.  And  give  me  leave  to  apply  here 
the  reason  of  the  earl  of  Gloucester's  case, 
that  I  cited  before,  '  quia  dominus  libertatis 
*  puniretur  in  eo  quo  deliquit.'  So  they  shall 
lose  their  charter  tor  the  abuse  of  that  power 
that  was  iatx\urt«dL  vcSA^  ^•ecciV^  ^««  ^<ca3N»( 


;  for  it  being  once  set,  all  people  have  : 

to  come  upon  such  tenns :    and  if  they  | 

le  the  toll,  under  pretence  to  redui*e  it  to 

ty,  it  will  he  void  ;  for  they  may  lower  , 

pnceif  they  will,  but  tliej'  can  never  come  ' 

rrease  the  penalty.     If,  therefore,  they  { 

^ne  ill  in  not  takmg  issue  ui>on  the  tra-  ! 

,  which  does  take  in  the  full  substance  of 

rejoinder ;    if  it  be  good,  then  judgment  ; 

be  given  against  them  upon  that  reason  ;  ' 

tben,  my  lord,  the  question  will  be, 

(9.)   '  Whether  the  making  of  a  law  to  raise 

at  large  upon  the   subject  be  a  for- 

of  the  charter?'    And  truly,  my  lord, 

it  is.    Fur, 

It  is  the  usuqiing  of  a  power  that  they  j 
can  have,  nor  have  by  law. 
Secondly,    It  Ls  a  breach  of  the  trust  an-  ■ 
to  the  corporation ;  for  'tis  a  misusure  of 
chise,  to  the  oppression  of  the  king's 
;  and  therefore  the  charter  nuist  be 
,  and  not  the  other  franchise ;  not  the 
e  of  a  toll,  for  they   have  none ;    not 
fi^uchise  of  the  market,   for  that  would 
^^^Qthing.     If  the  market  he  forfeited,  it  roust 
^^cr  be  extinguishe<l  or  kept,  if  it  be  cxtin- 
^JUthed,  'tis  a  punishment  to  others  that  did 
^2^oflend ;  and  if  it  be'  kept,  though  it  be  for- 
^^M,  'tis  no  puiiishnu?nt  to  tliem  that  do  offend : 
^^  'tis  a  question  whether  a  market  may  be 
^^ftited  for  taking  unreasonable  toll ;  and  that 
^^pears  in  the  case  of  Maidenliead.     And,  as 
^^^  lord  Coke   says  upon  the  statute  about 
^jnpy  outrageoas  toll,  the  franchise  should  be 
^^■ef  only  till  it  be  redeemed  by  them. 
»    But,  my  lord,  however,  without  going  far 
^*kto  that  matter,  this  offence  lies  not  only  in 
^^kiiiy  the  money,  but  in  taking  upon  them,  and 
jjknrpmg'  a  power  to  make  laws  to  raise  money. 
4tiey  have  taken  unonthein  a  legislative  power 
V>  oppress  their  fellow  subjects,  that  is  their 
^t4Ebnoef  and  that  is  a  misusure  of  their  fran- 
chise.    My  lord,  in  the  Case  of  Ship-Money  it 
iTM  not  the  quantum  of  money  that  was  ruisetl, 
that  vns  complained  or  quarrelled  at,  but  it  wan 
Ihe  manner  of  levying  of  it  without  an  act  of 
failiament.    Tlie  l(»gtc  and  consequence  of  that 
waa  it,  which  was  so  much  debated  and  stood 
upon.     8o  here,  the  almse  and  the  offence  is 
Ibe  making  the  law,  and  the  consequence  of  that ; 
flbr  by  the  same  reason  that  they  have  a  prescript 
lioa  to  lay  so  much,  they  may  have  a  prescrip- 
tion to  lay  ten  times  asinncn.     So  that  uptm 
what  I   offer  upon  this  ^K)int,    I  conceive  it 
ought  to  amount  to  a  fovfi*iture  of  their  charter, 
and  the  loss  of  their  coq)oration. 

Then  the  next  thing  will  he  that  which  is  the 
last  matter,  that  is  the  Petition,  and  that  is  of  a 
strange  nature ;  where  the  offence  is  not  only 
in  presenting,  but  in  printing  and  dispersing  of 
it ;  it  charges  the  kin^  with  interrupting  the 
pdblic  justice  of  the  nation,  and  the  making  the 
necessary  provisions  for  the  security  of  his 
Protestarit  subjects ;  for,  my  lord,  to  say,  that 
the  prorogation  of  the  parliament,  which  is  the 
Junius  act,  who  surely  has  alone,  and  none  but 
he,  the  undoubted  prerogative  of  calling,  pro- 


I]  STATE  TRIALS,  34CHA»LEsn.  l(iS2, 
Therefore,  upon  rhe  nIu>U>  maiicr,  I  doliambly 
pmy  voiir  judgment  fur  the  Ling,  That  ihey 
nay  ne  outcil  of  llitir  IVaocbise  o(  Iwing  a 
«<irpontion. 


-ProerediHgt  hetment  lAc  Kng  [l 


3 


m 


iKCiUMENT 
rOiorgc  Tkgby,  lUcunDEn  o 


IiQNOON. 


U»y  it  please  your  lyirddiip  ; 

I  im  of  counsel  in  lliis  et^e  far  the  maj'or, 

eonmimbhy,  oud  citizens  uf  London. 

Tiie  r«i;urd  hath  \>eea  truly  oppoeil  liy  Mr. 
Salicitor  in  oil  particulnrs,  except  sn  omisaian 
of  one  or  two,  which  I  ihaJI  menlinn. 

The  infurnialicin  srts  fortli  and  charf^,  Tliat 
the  mayor,  cnmuionalty,  and  citizens  of  Lun- 
Aan,  hod,  hy  the  spuee  of  a  month  liefore  the 
infonuntiua,  iis(>d,  or  cliiinied  to  use,  wifhout 
■ny  warrant  or  royal  gTant,  the  liberties  thpjc- 
iii  art  forth :  that  is  lo  nay;  to  be  of  Ihemselies 
ft  body  politic  and  cornorate  with  audi  a  uaiue, 
and  by  tliat  name  I'l  [ilend  and  be  impleaded,  to 
•jiswci'  Mid  be  aonHOcd  ;  and  hkewise  to 
nuke  iheriffB  and  justices  iif  the  peace ;  But 
•■  to  thew:  ihert'  are  only  imparlancus,  and  1 
MinpoMt  cuntiDuanem.  But  nttuthr  ftrjt  bt- 
(iolc,  tlin  dcfriidajits  pleail  and  prescribe  'lliat 
they  are  n  boilv  politic  tinip  out  of  niiiul ;  and 
thta  thoy  net  forth,  indeed,  cereral  net*  of  par- 
liaincnl,  and  eharl^ra  of  onfirmation.  To 
tfaia  9lr.    AiioiiiRy  General  iloth  reply  two 

Firsf,  II'-  laki's  issue  upon  the  prescription. 
That  they  are  nut  time  out  of  mind  a  body 
politic  with  «iicli  a  name  ;  and  then  he  assij^s 
B  forfdture,  uliich  Mr.  Solicitor,  indeed,  dors 
call  two  caiisps  ;  bnl  Ihpy  rather  wMin  to  lie 
but  one  joint  cause ;  hut  yel  lake  tliem  to  be 
two. 

The  first  is.  That  the  cily  did  astnwc  upon 
themselves  a  poiv'T  in  njept  and  make  laws  for 
■he  govern  nii'iii  nf  iliecily,  and  thereupon  did 
make  the  law  » lii'.li  !■;  now  in  question  ;  and 
thereby  did  Iciy,  ami  tinter  to  be  leried,  for  one 
horse  load  of  provibiuii  so  much,  &c.  and  that 
Ihia  riiould  be  paid  to  the  uw  of  tlie  city,  and 
for  default  of  payinir,  the  persons  dcnyio?  to 
I«y  this  rale,  sliouKl  be  rciuoved  from  thtir 
■taodiogis  it)  the  market. 

The  second  branch  is,  The  Tetitioo,  and 
therein  ari-  Ihnsf  wrinis  which  Mr.  Solicitor 
hath  repeated  about  the  prorogation  of  the  par- 
liainenL 

And  to  all  this  the  ilefcndants  do  rejoin',  That 
the  city  uf  London  has,  linie  out  of  mind,  been 
aeiaed  of  these  markets;  and  Ihey'say,  That 
the  city  of  I^mlon  is  the  metropolis  of  tlje 
Icingdom,  and  consists  nf  above  50,000  citi- 
zens and  inh:i]jit.iiits;  and  that  (ul  their  propCT 
coals  and  cliarups)  they  are  lo  provide,  and  al. 
mya  bate  provided  a  uiarket- place  to  sell  pro- 
TiaUKliii.aiid  also  officers  for  thepre^wrration  of 
good  order,  and  reifiilatinn  of  thai  great  con- 
roune  of  jieoplc  that  comes  thither,  and  ibat 
tlwy  ba*c  always  amended  and  cleansed  the 


tnorkcla ;  andforthescrbargeaoftheiaulBl- 

EloceH,  and  officers,  and  eleamuoe  of  tht  nar- 
eU.  they  halt  always  received,  and  on^  li 
rrcolvt!  r«?a!iunahle  tolls.  Tiaey  nay  that  tiai 
out  nf  tniiid  thcrv  tiaa  hem  a  coididvo  OSodoI 
iu  the  city,  and  ihnt,  fur  the  Ilkr  time  tbicrtbi 
bMin  a  m>tt(Hii,  llint  itiey  ahouM  nwlw  by-hn 
tor  tlia  better  (cgiilaliun  of  the  marlMU,  6rlk 
onlci^ng  where  such  and  suoh  tnarksti  dwiU 
be  held,  and  fur  tlie  aBteBin);  ud  Tediid^[b 
certain^  the  tolls  and  rales  thai  an  tn  h«  ptil 
by  persons  coming  to  llie  markcta,  w 


atfreeahli 


!t  forth  the  aer^^  conlbiM- 
s  and  privUcga  by  vt 


a^n  they 
unns  of  their  ci 
at  parliaments  and  charters. 

And  tlieo.As  to  the  wecond  branch  of  Aar 
forfeinites,  they  set  forth.  That  there  «u  nek 
a  plot,  and  such  proceeding  in  the  oourflif 
justice  Bgaiusl  the  conspir^ton,  and  thatihn 
were  Meveral  judgmetitx  and  execntiaii*  a/m 
it ;  and  tbey  set  forth  Msveral  of  Ui«  laifl 
gracious  speeches  lo  his  pcoph.'  in  pariiunoti 
amouifsl  other  tbiii)r>.  U>at  he  ilid  ihen^ioUi 
Rjicecb  therein  inentionnl,  rvcouiiiiisid  lo  ik 
Lords  and  Commons  in  parlimiK-iit  annnUcd,)) 
pi.reuc  the  further  cnminaiiim  of  the  ptdi 
addiuiC,  That  he  tliOU«hl  not  hiiixK-lfuurlbM 
aafc,  till  that  inaltKT  wu  fiODe  ilitou^  1M^ 
and  that  the  lords  in  the  Toirn  m^  «| 
bmughl  tu  tlicir  ape<<dy  Irial.  that  jant 
utizht  be  done.  They  set  tank  QrawM  n 
Adoreas  of  both  Uouka  for  a  fan,  vLooi 
ihej  desi-e  that  the  king  ivould  issue  furth  b 
proeJBmalion,  which  proclainaliuu  i«  acrui- 
ingly  issued;  and  in  that  it  is  r-vpriuol  {1 
cannot  repeat  the  words,  but  lo  this  purpg^li 
'Tliat  the  dangers  im|iending  could  n<illiepr» 
vented,  but  by  the  blessing  of  God  upon  At 
roiincils  of  his  majesty  and  tlie  parlninail.' 
Then  they  set  forth,  Tbat  the  parliamml  n« 

C paring  several  ImIIs  for  the  prMertalnn  iC 
majesty's  person  and  the  Frolcstasl  nli- 
(■inn.and  llie  iieawofllie  kingil>iui ;  and  iliai 
oilU  could  not  be  cnacled  elscu  here,  widdul 
Ihey  were  theo  depeniling :  And  liny  «1  (but 
further,  that  the  parliamenl  was  pnmiguul  W- 
fore  thoSL'  bills  uere  enacted :  Arid  tbrv  Ml 
forlh  also,  tliat  the  lords  iiupeaclinl  coul^Ml  ' 
be  tried,  hut  in  iiarliament ;  nntl  that  In  it> 
law  of  the  land  it  is  lawful  for  the  Ling't 
snbjecis  in  their  distresses,  aiul  f»r  redl^ 
of  grievances,  humbly  to  petition  the  Uof 
for  rfinedy  in  thai  behalf ;  and  that  for  nu- ' 
faction  of  the  citixens,  who  bad  iomIc  llMt 
applications  to  the  comrooa  council,  an4  fa 
the  alleviating  of  their  fears;  and  out  of ibai 
Kcol  for  the  preiervaticn  of  ihc  kinfc''i.p:n* 
and  ihe  P^testiiiit  religion,  thry  did  iff 
their  votes  to  this  Petition,  as  is  rliar)^ ;  ud 
tbey  give  thmr  reasons  for  it ;  tltal  is.  il  aM  - 
ordered  lo  be  printed,  to  the  iulKOt  thai  6M 
rumours  (coueeming  the  citizens  pelitioralf  rf 
the  kincl  mi§rhl  b*  prevented,  and  tlii-  wmi* 
of  our  lord  the  king  frnmprocfeiliiigindi 
conspiracy  be  deli^rfd,  and  Ibe  fekn  aud  f** 


llDll      STATE  TRIALS,  34  Charlks  11.  lG82. 


the  City  of  Lenden,    llW2 


ii  .- 


tabations  in  the  minds  of  the  king's  subjects 
vifht  be  allayed,  and  that  the  citizens  and  in- 
IdStaDta  oftne  said  city  inij^ht  better  know 
vbt  vrna  done  upon  their  application  to  the 
^mtion  council. 

My  lord,  1  have  taken  some  notes  of  what 
*i^-  Solicitor  h&s  said ;  but  I  h^^^r  ^our  lord- 
J^P's  leave,  that  I  may  first  deliver  what  I 
■*^  prepared  upon  the  Argument ;  and  after- 
J*[Ja  I  Mill  talk  upon  ray  notes,  and  give  par- 
^^hir  answers  to  the  particular  things  he  has 
"■■led  upon,  for  so  much  of  them  as  I  shall 
^'•k  answer  in  my  discourse,  which  1  nuist  beg 
T^f  lordship's  patience  in  ;  for  I  fear  1  shall 

Fetty  long. 

|.  I  shul  go  on  upon  the  same  points  Mr.  So- 

^^Stot  bas  done,  and  endeavour  to  meet  him,  and 

K^yean  answer  in  all  particulars,  and  shall  add  a 

r^  or  two  which  he  has  not  mentioned;  as 

V|lrticiilarly,  that  this  information  (as  it  is  here 

*%id  npon  this  Quo  Warranto)  is  notbrouj^ht 

^JBUHi  nfirbt  persons  ;  for  it  is  brought  against 

Rk  mayor,  commonalty,  and  citizens  of  the 

Jity  of  London.     Whereas   it  ought  to  be 

Ibraiight  against  particular  persons  for  usurping 

^■eh  m  corporation,  if  it  can  be  brought  at  all. 

*  The  firat  thing  that  I  shall  go  upon,  is, 

*  That  a  corporation  cannot  be  forfeited ;'  for 
Vmr  we  must  begin  as  it  were  from  the  replica- 
^ioa ;  for  there  is  disclosefl  all  the  matter,  upon 
^hich  the  stress  of  this  point  lies. 

And  that  a  corporation  cannot  be  forfeited,  I 
-fhiiik  will  appear  b^'  opening  the  notion  and 
saiure  of  a  corporation,  which  you  may  find 
m  my  lord  Coke's  1st  Inst.  tbl.  202, 250,  he 
wya,  It  is  a  body  to  take  in  succession,  framed 
•a  to  that  capacity  by  the  policy  of  man,  and 
^called  a  corporation,  because  the  iiersons  are 
made  into  a  body,  and  so  are  of  capacity  to 
take  or  grant,  \-f'.    And  he  says,  *  Tliat  per- 

*  aona  capable  of  purchasing  are  of  two  sorts ; 

*  persons  natural  created  oi  God,  such  as  pri- 

*  rate  men,  as  J.  S.  and  J.  N.  and  persons 
'  created  by  the  iiolicy  of  man,  as   persons 

*  incorporated  into  bodies  politic'  So  then  if 
this  be  the  true  notion  ot  a  corporaticm,  then 
all  the  question  is,  ^Vhcthcr  there  shall  re- 
main such  a  {»orson  in  the  world  as  thi<;  cor- 
poration of  the  mayor,  coiiniionalty,  and  citi- 
■enaof  liondon? 

Ami  that  this  is  a  mere  persoiiHlity  anil  oa- 

•patfity  will  further  appear  oen  by  this  Quo 

Warranto  itself,  >thich  s:iys,  ^  That  we  did 

*  daim  and  usurp  to  i>c  u  coqHiration  under 

*  such  a  name,  and  tlierriiy  to  plead  and  l»c  im- 

*  pleaded,  to  answer  nnd  to  be  answercfl.'  So 
that  there  is  no  more  now  can  be  considered  in 
this  reconi,  but  whether  we  have  or  can  have 
the  oa|>acity  of  Ixniig  pliiintifl'  and  defendant. 

My  lonl,*in  Brook's  Abridg.  tit.  C(»rporation 


i 


I  cite  not  what  is  said  there  as  an  authority,  u 
lut  only  as  an  opinion ),  ho  joins  the  titles  Cor-  {  c 
mrations  and  (.'a|mcitics  to^rether:   I  say,  it  is    ii 


shew  the  nature  of  a  corporation  is  a  r^apafity. 
And  suitable  to  this  is  wliat  justice  Windha'iu 
says  in  Dr.  Patrick's  ease ;  *  A  corporation  ia 
*  a  mere  capacity,  a  civil  capacity,'  says  he,  \  I 
'  do  call  it  an  kns  rationix ;'  wholhffr  he  did 
affect  that  word  because  it  was  in  the  case  of  a 
man  in  the  university,  I  cannot  tell ;  but  tlie 
meaning  ivas,  that  this  was  the  notion  of  a  cor- 
poration, tliat  it  was  an  invisible  jierson  and 
capacity  only.* 

•  **  A  Corporation,"  says  Kyd,  (on  Corpora^ 
tions,  Introd.  p.  13.)  *'  has  been  called  '  a  mere 
capacity  t4)  sue  and  to  be  sue<l,  and  to  take  and 
to  grant ;'  which  is  as  ridiculous  as  it  would 
be  to'say  *  that  a  man  is  a  mere  capacity  to  walk 
with  two  feet'  It  is  not  a  capacity,  but  a 
political  person,  in  which  many  capadtiea 
reside. 

**  A  Corporation  has  also  been  railed  a  fran- 
chise: the  propriety  of  this  appellation  de- 
|>ends  on  the  more  or  less  extensive  meaning 
m  wliich  the  word  ^  franchisf'  is  used  ;  in  its 
most  extensive  sense  it  expresses  every  i)oliti- 
cal  right  which  can  be  enji»ye<l  or  extTcised 
by  a  treeman :  in  this  sense,  the  rifrht  of  being 
tried  by  a  jury,  the  right  a  man  may  have  to  an 
office,  the  nglit  of  voting  at  elections,  may, 
with  propriety,  be  called  franchises ;  and  m 
this  sense,  the  right  of  acting,  us  a  corporation, 
may  be  called  a  mnchise,  existing  coUectivel j 
in  all  the  individuals  of  whom  the  coritoration 
is  comjiosed ;  in  this  sense,  and  in  this  sensit 
alone,  *■  the  franchise  of  being  a  corporation,' 
can  have  any  precise  meanhig. 

*'  In  a  less  general  and  more  appropriate 
sense,  the  worn  ^tranchise'  means  a  royal  pri- 
vikige  in  the  hands  of  a  subject,  by  wliich  he 
eitlu^r  receives  some  profit,  or  ha.s  the  exchi.sive 
exercise  of  soineriglit  ;  of  the  tirst  kind  are  the 
qoo<lH  of  trlons,  waifs,  c^tra}  s,  wrecks,  or  the 
like;  of  the  settomi  are  courts,  gaols,  return 
of  writs,  fairs,  markets,  and  many  others. 
They  are  estates  and  inheritaiuMfs,  wnich  may 
be  granted  and  conveyed  Irom  one  to  another, 
as  otlier  estates,  which  is  not  the  case  with  a 
corporation  ;  in  this  sense  a  cor|ioration  cannot 
be  calletl  a  franchise ;  the  latter  is  a  privile^^e, 
or  liberty,  which  can  have  no  existence  with- 
out reference  to  some  person  to  whom  it  may 
belong  ;  the  former  is  a  political  person,  ca*^ 
pable,  hke  a  natural  person,  of  enjoying  a 
variety  of  franchises;  it  is  to  a  trancnis<*,  as 
the  sulK»taiiC(f  to  its  attribute  ;  it  is  something 
to  which  many  attributes  hclur.g;  but  is 
itself  something  distinct  fruni  those  ultri- 
hutcs. 

"  Several  other  epithets  have  bi^cn  given  to  a 
corporation,  which,  unless  particulaHy  ex- 
plained, are  apt  to  bewilder  and  mislead  the 
understanding  :  thus  it  has  bt*eii  said,  that  *  a 
coriK>ration  aggre«^rate  of  niait\ ,  is  invisible, 


porations  and  (.'a|mcities  to^rether:   1  say,  it  is    immortal,  and  rests  only  in  inteiidinunt  and 
only  the  judgment  and  notion  of  the  man,  who    consideration  of  the  l&u- ;'  tluti  it  is  ^  a  mere 
your  iunlship  knows  never  nsrs  to  join  any    metaphysical  beinc^,  :iniere  Ens  rutUmis.* 
words  as  titlirs,  but  what  are  synonytnoiis;  and  I      "  That  a  iMNJy  Ira'iued  bv  iU«i  ^Vvc.'^j  ^Vtcvv^x 
■Ibaro  ba  joins  Corjtoraijofls  and  C'ajwicjticf,  to  "  a  body  w\nrtQ  ^;!kT\'4  ^^A  v\vi\t\i«'*  ^x^  \ftS5>tva^> 


1103]  STATE  TRIALS,  34Charl8sII.  l682.- 


Now,  my  lord,  1 11«  not  lore  to  lill^ie  about 
trords  ;  1  must  confew  that  Mr.  Solicitor  dofs 
aM  «iH?ak  witliODt  eoiuc  authority,  nlit^n   li 

..mtis  A  i^rnoralioD  ainuichiite  ;  but  I  sa^  it  i 
not  mowirly  a  iranchiae  to  lui*e  b  power  In  h. 

'  bnplRuntil  and  to  plead ;  lor  as  to  that  (hey  are 
«uiis(;<jiii.'iil«,  H'hich  bFling^toihe  pereon  ralliei 

>4iMi  a  liberty  or  Inuichise  that  is  niperndded  w 
k.  Therefore  ill  HobattaiO.  Norris  and  Stap's 
<BM?.  the  case  of  the  ivardcus  and  fellawslii|i 
«f  till'  wMiTers  of  Newbuty  ;  I  ihiDk  it  u 

'ossiuT  10  cite  the  whole  ease,  but  there 
lord  llnbftrt  says,  '  Though  license  or  |Hiv>er 
*  tu  malic  lawti  is  given  to  a  corporation  by  a 
J  s^ifcinl  clause,'  yet  it  is  needlesi,  lor  i  hold 
It  to  be  included  by  law  in  tl;e  very  art  of  in- 
fcnKiTUting ;  and  ro  it  is  al»o  tlie  power  (o  sue 
Kui  lo  be  Euei] ;  Sucb  body  is  a  person  that 
iDU«t  answer  the  Ian- as  a  defendant,  and  sue  ae 
«  pldntilT. 

,  But  I  do  agree,  I  sav,  that  l)u.-re  is  one  case, 
■ad  yet  but  one  in  all  the  norlil,  wherein  a  cor- 
Hmlian  is  colled  alTani:hi9e;anditisinColiG'a 
Entries,  tit.  Quo  WHrmnlo.  Flaeito  t  ;  a  Quo 
'tt' amnio  i«  bmuglit  againat  several  persons,  to 

-riiew  by  what  warrant  they  claim  dirers  libcr- 
tirs,  privil^;<?s,andfrauch'L3e8,  astobeof  tltenl- 
•elfes  a  body  politic  nod  corponte,  by  (he 
Haute  of  the  burgestes  i>f  Hehnesle}'  in  the 
^unty  of  York.     Sa  that  under  that  general 


tdiould  ia  its  on  u  nature  be  immortal,  or  that 
■  body  composed  of  many  bulky,  visible bodim, 
•hoiitd  be  invisible,  in  tlie  common  acceptation 
ofthe  words,  terms  beyond  ihu  reach  of  cocn- 
mon  uuder9tBndin)fs.  A  cuvporation  is  aa  vi- 
sible a  body  as  an  army  ;  for  though  the  com- 

yet  the  body,  uniteil  by  that  autfaorily,  is  seen 
by  all  but  the  bibd  :  When,  thcri-fure,  a  cor- 
poration is  said  to  lie  invisible,  that  expression 
must  be  understood,  ofthe  right  io  many  per- 
C033,  coliectiTeli',  lo  act  as  a  corporalion,  and 
Uku  it  is  as  visible  b  the  eye  of  the  law,  as  any 
other  right  whatever,  of  which  natural  persoua 
are  capable  i  it  is  a  right  of  such  a  nature,  that 
every  member,  separately  eousidercd,  has  a 
freehold  in  it,  end  all,  jointly  considered,  have 
«n  inheritance,  which  may  go  in  succession. 
Natural  persiuis,  as  such,  are  capable:  of  tak- 
ing and  holding  this  right,  uhicli  is  not  taken 
iH'  held  in  their  politic,  but  in  their  natural  ca- 
pacity ;  for  many  men,  as  men,  are  capable  ol' 
union,  uhich,  it  it  requires  proof  or  illustration, 
■(  evident  Irom  the  charters  of  creation,  and 
the  pleadutgs  in  all  such  cases,  \a  which  it  is 
■aid,  tiiat  Ok  '  men  and  buigesaea,'  or  '  the 
nien  and  citizens,'  are  constituted  one  body 
corporate  nr  politic.  Aud  as  the  natural  per- 
■ons  essenlLalty  constitute  tbe  body  politic,  so 
all  the  operatiuii-i  and  exercise  of  this  right,  arc 
perfurDifd  only  by  the  natural  penwn*." 

See  the  argumi:nis  of  tbe  Attorney -General 
In  this  cas«  on  A^s.  ar  aad  91  Edw.  4,  fol.  14. 
u  tlicre  cited,  iy'ra.  See,  too,  on  the  nature 
of  CorporUious,  lilackst.  Couun.  B.  1,  e.  IS  ; 
)VMNldwM,  LKture  18. 


word  I  confess  it  may  be  called  a  K 
and  the  rather,  becauK  Mr,  \oy  (■ 
great  learning)  *  iu  his^reat  .4r][tuaal 
cherand  Uaywuod'sc^in  Mt.JiM^ 
Reports,  says  it  is  a  franchise,  fur^it  «i 
M  in  such  a  plea. 

But  now,  inv  lord,  that  it  is  ootio.; 
nature  fort'eitaW,  is  made  idaio  by  ,| 
luelilications  that  bare  been  altrituik 
ande\pres«inns  inourlaw  books  ahgl 
that  a  mayor  and  commonalty,  or  bo^ 
i^te,  can  never  die,  Isl  lost.  Ibl.  9.^: 
tio.  a.  9  Bnlstr.  933. 21  Edw.6.  Tul.  It, 
and  all  the  otficer«  ;  but  tbe  ronimmd 


said  lo  die :  And  this  notioa,  my  tordJ| 
further tliao  England:  1  beg  your  M 
pardon  if  1  uke  die  liberty  tg    ' 


ed  author,  Grotius,  in  his  book  De  m 
et  Pacis,  lib.  3.  cap.  9.  Iiesays,  '  CitM| 
mnrlal ;'  and  a  city  dues  not  tber«4i>nj 
be  a  dly,  though  ^1  the  citixeni  of  i| 
die,  t  1 

But  the  dissolving  of  a   oorpun^ 


Vote  lb  2 
■ol.  3,p.1 


ae  him  the  Noie  lij 
of  the  King  and  Hampden 
thi«  Collectioo. 

t  "  When  itissaid  thUacoqHTralkl 
mortal,  we  aic  to  understand  nolliing  M 
that  it  is  capable  of  an  indefinite  dmw 
the  aulliorities  cited  to  prove  its  ioim 
do  not  warrant  the  conchisioD  drawD  6M 
If  a  man  give  lands,  says  si  Edward  Cl 
mayor  and  commonalty,  or  other  body 
gnle,  insisting  of  many  persons  capau 
out  naming  sut^essorit,  tlielaw  constm 
be  a  lee  simple,  because,  in  Judgment 
tbey  never  die  :  where  the  sense  is  nl 
these  natural  |>crujns,  though  capable 
in  Uieir  natural  capacities  jointly,  wh 
law  would  adjudge  an  estate  for  lives ; 
grant  being  made  lo  ttiem  in  thni  a 
name,  they  take  in  that  capacity,  and  tl 
is  not  determinable  on  tlie  death  of  mi] 
individuals,  but  continues  as  longastb 


iippurt  of  Ihis  idea  of  the  imnM 

coq>oratioiu,  a  ims^age  is  also  ciUd  fri 

i  which,  however,  when  fairlycxM 

for  trom  justilj'iug  the  eoaclustoi 

I  it,  thatit  proceeds  on  thesuppodl 

they  may  cease  to  exist. 

"  ^si  qua  persoua,  uull&  editi  fl 
signilicatione,  nullocousangnineorelid 
atur,  omne  jiisquod  liabet,  interit— 
■pulus.  Dixit  IwKTatifs,  ct,  poM  m 
koiis  impcrator,  civitales  esse  immHI 
est  esse  posse,  quia  scilicet  uopulus  m 
corporuni  genere,  c[uod  ex  iliataatibaa 
unique  noinioi  aubjci-tuni  est;  quod, 
spintuoiunum— lsautciusp!rttua,iaM 
vitae  civilis  cuDsaciatiu  plena  atqgiJ 
cujus  prima  prodiictio  est  sumoj 
viiieuluniper  quod  rc^pubiica  c 
vitalis  quern  tot  ruiUiatrabunt." 
p.  IT. 


5]     STATE  TRIALS,  54  Charles  II.  l682.— ^mi  the  City  of  London,    [i  106 

that  that  statute  was  mailc ;  and  it  is  possible 
such  an  action  might  have  been  bi'ouglit,  but 
not  rcmeinbei'cd,  and  that  is  an  action  brought 
by  an  inferior  against  a  superior,  the  >%ard 
against  his  guardian  ;  but  here  this  suit,  if  it 
can  be  brought,  is  brought  by  the  king,  who  is 
supreme,  and  therefore  there  can  be  no  reason 
to  think,  but  he  would  have  brought  many  of 
these  suits  to  ha^e  dissolved  corporations,  u  by 
law  it  might  have  been  done. 

Besides,  my  lord,  acts  of  parliament  can 
never  be  antiquated,  because  a  statute  is  a  law 
in  writing ;  but  the  common  law  is  not  a  law 
unless  it  be  re|>eatefl  and  practised.  And  so  is 
Davis's  opinion  in  the  prelkce  to  Iiis  book,  and 
in  the  body  oi  his  Ueports  too :  He  says,  thai 
when  people  have  tried  and  used  such  an  act, 
and  founcf  it  useful  and  profitable  to  the  public, 
and  fit  to  be  practised,  that  act  of  repeating  be- 
gets a  (!iistoin,  and  so  becomes  in  its  name  and 
nature  tlie  coiiuiion  law  of  the  land.  But  now. 
mv  lord,  if  I  can  challenge  all  the  times,  and 
all  the  precedents  that  ever  were  in  this  king^- 
dom,  to  shew  me  wherever  there  was  a  forfu- 
ture  of  a  coqioration,  or  a  judgment  given 
against  a  corporation  to  forfeit  it ;  no,  nor  ever 
thought  of  till  this  last  year,  I  think  I  may  as- 
sert it  is  not  law  :  And  it  it  extend  to  this  coqK>- 
ration  of  London,  it  must  have  extended  to  all 
corporations  formerly,  and  it  must  do  so  to  all 

In  the  case  of  ecclesiastical  leases,  in  the 
fifth  ReiM>rt,  and  in  several  otlier  places,  there 
is  a  lai^  discourse  of  what  bishops  and  other 
spiritual  corporations  might  do  at  common  law  ; 
it  is  said,  they  might  gnmt  for  years,  for  life, 
in  tail,  or  in  fee.  But  what  migfit  they  grant  ? 
tlieir  lands  and  tenements,  their  [lossessions  and 
revenues ;  but  never  one  word,  that  they  could 
grant  away  themselves,  or  politic  cajxicity^ 
still  that  w Inch  was  their  very  being,  was  not  iu 
their  (»wn  power  to  gi-aiit  away  ;  and,  if  it 
were  not  to  grant,  much  less  were  it  in  their 
own  power  to  forfeit  :  for  if  it  should  be8<>, 
there  is  never  an  hos|»ital  in  Kngland,  but  if  it 
Imve  tiiken  too  much  toll,  w  ert^  to  be  di!stroye<l ; 
and  never  a  bishopric,  deaiiry,  and  chapter 
(nay,  almost  particular  parsonages,  for  they 
are  spiritual  iHirporaiions  too,  and  all  the  corjKi- 
rations  of  Kngland  are  under  the  same  rule  of 
law)  if  they  have  transgressed  in  any  «f  the 
kinds  assigntMl  here  for  a  forfeiture,  but  were 
to  lose  their  very  lieing. 

That  these  were  in  the  power  of  these  spi- 
ritual coriMimtions  at  the  common  law,  no  man 
doubts  ;  and  it'  any  man  docs  tell  me,  tliut  tlie 
restraining  statirfl-s  do  extend  to  the  corpora - 
tion,  trul}  I  must  deny  it ;  tor  it  is  hinds   te- 
nements, and  such  tilings,  that  are  mentioued^ 
and  there  is  provision  iiiaile  ouly  against gonitM, 
and  not  aguinsl  forfeitures.     A  forfeiture,    Mr. 
Solicitor  says,  must  be  a  great  breach  of  trust  ; 
and  so  it  must  iadet'fl !  and  how  then  tdMiuld 
they  answer  for  it?  If  a  bishop,  or  a  d»-an 
fiiupter,  have  Uaiiis  in  fee  u^nm  t'onditi<»fi, 
they  bnaik  the  condition,  ihtir  liiii«N  ai*'  V^= 
but  if  tliat  breach  of  cendiuiiii  «VmvM 


fment  in  law,  as  is  here  sought,  I  believe 
thing  that  never  came  within  the  compass 
Jiy  man's  imagination  till  now,  no,  not  so 
rh  as  in  the  putting  of  a  case.     For  in  all 
search  (ancl  upon  this  occasion  I  have  be- 
'eda  sreat  deal  of  time  in  searching)  I  can- 
find  tnat  it  ever  so  much  as  entennl  into 
ooDoeption  of  any  man  before ;  and  I  am 
more  confirmed  in  it,  because  so  learned  a 
tleman  as  Mr.  SoUcitor,  has  not  cited  any 
such  case,  wherein  it  has  been  (I  do  not 
adjudged,  but)  even  so  much  as  questioned 
ttempted  ;  anil  therefore  I  may  very  boldly 
this  a  case  primit  impressionis. 
I  List.  fol.  13.  b.  there  it  is  said,  if  lands 
dai  of  J.  S.  be  given  to  an  abbot  and  his 
oeuors ;  in  this  case,  if  the  abbot  and  all  the 
vent  die,  so  that  the  body  politic  is  dissolved, 
donor  shall  have  again  his  land,  and  not 
lord,  by  escheat.    So  that  he  does  allow 
dy  politic  may  be  dissolved  indeed ;  but  it 
it  properly  a  dissolving,   n(»r  a  dyine  of 
body,  but  a  taking  away  of  the  subjects 
kich  it  did  subsist,  or  to  which  it  did  ad- 
.   And  therefore  unless  it  be  by  such  an  ac- 
It,  as  all  of  thein  dying,  or  by  violence,  as 
le  case  of  the  monks  of  Bangor,  I  never 
d  before  that  a  coq>oration  was  dissolved  ; 
'■  sure  not  by  a  judgment  in  law.     3Iy  lord 
la  in  his  Abndgment,  part  1.  fol.  51i.  tit. 
Miration,  at  the  letter  I,  makes  it  a  head  of 
)f  his  titles,  how  a  corporation  can  be  dis- 
m1  ;  and  therefore  was  led  very  proi»erly 
iqnire  into  all  things  that  might  dissolve  a 
•lation ;  for  that  book  is  in  the  nature  of  a 
Mm  place  book.    Now  under  that  heail  he 
iBot  only  the  common  case,  if  all  the  mem- 
tdie,  then  it  is  a  dissolution;  but  he  says 
kr,  and  he  cites  an  authority  for  it,  if  a 
ponition  consists  of  so  many  Confratres,  and 
may  sisters,  and  all  the  sisters  die,  this 
psn&OD  is  dissolved  ;  for  both  the  brothers 
Mters  are  int^;raJ  parts  of  the  corporation, 
it  cannot  subsist  by  halves.    But  he  does 
fo  further,  he  does  not  say,  if  they  shall 
'  too  mucdi  money  upon  the  market,  nay, 
oei  not  say  if  they  sliouhl  commit  treason 
were  possible  they  could  do  so)  wliich  had 
more  proper  to  have  instanced  in,  he  being 
nllyled  tc  it  under  that  title  ;  for  that  is 
■g  that  happens  a  thousand  times  oftener 
ne  death  of  all  the  members.  And,  under 
If,  if  the  law  be  so  as  they  would  have  it, 
r  penalty  levied  upon  a  by  law  does  en- 
tt  the  corporation  every  whit  as  nmch  as 
if  the  rates  upon  the  markets. 
Illelon,  my  kml,  in  his  Sect.  108.  (It  is  a 
nl  rule,  but  commonly  taken  notice  of, 
uy  be  in  this  case)  says  there,  upon  the 
le  of  Merton,  an  action  will  not  lie  against 
iviianfiir  the  disparagement  of  liis  ward, 
He  it  was  never  lieard  of  from  the  time  of 
Midnff  of  that  statute,  tliat  such  an  action 
IWgPt ;  and  yet  he  adds,  that  the  wonls 
»glntale  might  very  pnuierly  ground  such 
Now,  my  lord,  that  was  a  matter 
'  yean  before  Littleioii  wrote, 

M.T1U. 


I 


il07]  ^T/i'TtTRiALi,SiCHAiLiz%n.l6S2.~Proeeeding»hettcetnlhKi» 
diUpidationi  and  decavs  of  i  town  dM 


to  a  forfeiture  nf  liieir  bem^  ■  cnqmratloa,  (hat 
were  very  rtranffc  ;  this  woulil  dissolre  and 
deslToy  all  tha  oAlejires  in  ihe  universities,  and 
•11  the  charity  ia  ilie  bin)riloin  ;  for  eiery 
breach  of  stich  candilioD  wniiid  W  a  breai^n 
of  trust. 

My  lord,  tliCTe  wu  a  very  proper  time  wlien 
this  laight  have  been  thought  of,  if  it  could 
have  b^n  maiDtained  for  luw,  aud  that  rbk  ia 
Ihe  time  of  H.  R,  Hesentout  Or.  Loudon  and 
«tllera  with  .1  oonnuission  ofintjuirv,  to  exa- 
mine into  all  the  niisdeuiFBuuni  of  tite  momu- 
tenes,  conTcnt^  and  cullcges  To  wlitit  nur- 
tKMe  nas  all  idts  done?  CinJd  be  not  nave 
DTDiiglit  Quo  Wnrrantos  against  them  ?  He 
needed  not  have  hunted  much  foriDisdemcsu- 
•>r«  and  oflbnceti ;  if  they  had  but  raised  iL 
nay,  fur  ou^t  I  knoi*,  if  they  had  but  rvaed 
M.  upon  a  market,  or  the  like,  they  bad  all 
been  disHolred  ;  and  it  was  ko  mucli  the  worse 
in  this  cose  then,  fur  this  reason  ;  iu  thode  re- 
eular,  relig:iDU3  house«  aud  corporations,  the 
body  of  them  wudead,  and  the  abbot  or  head 
^38  only  to  appear  tor  them,  and  plead  and 
deiend  Ifir  them.  Thet«fbrc  it  is  said  in  the 
1  Inst.  103,  B.  that  in  a  Quo  Warranto  against 
An  abbot,  or  bishop,  or  a  prior,  for  franchises 
and  liberti^,  if  the  ahbot  or  prior  disclaim 
iktoue,  tblN  shall  bind  their  suEcessars  ;  and  if  it 
were  pCEsible  that  Ibrreiniebt  have  been  a  for- 
feiture, yet  without  »o  uiuJb  a&  troubhng  hiin- 
•dl'ta  Hsstgu  that  tbrfeiture,  ho  might  liaTe 
gone  that  way  by  Quo  Wamnto  to  get  a  dis' 
claimer. 

And  it  is  very  well  known,  there  ivere 
meli  put  iu  thoHe  houses  lo  l>c  heads  of  them, 
nn  purpose  to  try  if  thi;y  could  surrender  tlieni ; 
and  that  they  needed  not  to  have  done,  nor 
hate  asked  the  cousmt  of  the  members  lo 
linie  uum'ndereil ;  tor  they  needed  only  lo 
have  brought  a.  Quo  Warranto  j  fur  alter  the 
renuneiatiuu  of  the  pope's  power  and  supre- 
niary,  kiiiff  II.  8,  did  enmt  bis  Coati[ed'esUre 
to  choose  Ibe  heads  (ifiliose  corporations  ;  and 
when  tbey  were  once  there,  and  a  Quo  War- 
Tanlo  issupd,  the  abbot  or  prior  might  sav,  this 
curporaiion  is  hut  a  liberty  or  a  fruichise,  and 
1  atn  the  king's  creature,  1  will  disclaim  tht 
liberties,  and  thereisan  cud  uf  the  franchise 
but  this  was  not  thought  of  in  dicbui  illU. 

1  think,  my  lord,  that  in  cose  of  a  ton-n  the 
law  is  clear  ;  llinug-b  1  shall  not  at  prcwnl 
much  contend  with  Mr.  Sohcrlor  ujiiin   dial 

Kinl,  that  London  stands  upon  greater  and 
tier  circuuistanees  thiin  otljer  corporations 
and  towns.  It  is  all  one  as  \f  tbc  nraiu  points, 
whether  it  do,  or  not ;  though  I  shall  say 
enough  as  to  the  partirubr  reason,  to  an 
what  he  says  to  ihr  contrary,  by  anil  by. 
jetthU  I  willsay,  acorporation  in  a  to" 
luoi*  protected  in  law,  than  others  are  :  fur, 
■ays  my  lordCoke,  if  a  townorborough  does 
decay,  jret  it  shall  remain  n  town  or  boro<igh  ; 
as  h  plain  in  the  inxlanee  of  the  bura'esst 
OM  Harum,  and  the  like.  IJio  tlial  it  se 
that  though  the  death  of  ibe  aMjot  and  his 
convent  ibea  tlestray  that  corporaijon,  yet  the 


Ntmy  it,  hut  it  remains  a  town  still  i  i 
liberty  of  sendiog  burgessw  tu  pttlia 
stfoyed,  or  forfeited, 

1  confess,  my  lord,  I  do  not  tee  h 
tilts  rate  a  Quo  Warranto  may  tw 
against  a  particulnr  man,  tu  know  by 
thority  he  chiims  to  have  the  bboiy  i 
Ject,  to  sue  aud  be  sued,  to  plead  u 
pleaded :  it  it  a  cnpaioitv  tlial  ■•  bwn  i 
aud  belongs  tu  liirn  as  be  it  horn  tn 
or  as  he  ts  by  net  iif  pn-liamnil  tui 
and  made  a  sulijcct ;  upeci^y  in  th 
denization  it  comes  hoaiulo  Uicpaiii 
should  not  a  Qio  >Vi»rranio  be  brou^ 
ainan,Iuknau  hy  wbotnamnl  hrt 
be  a'dGiu/.en,  aud  in  lliat  tinp««t  lo  [ 
be  implcadeil,  to  sue  and  be  «ucd  J  1 
relatii'e  rapacities,  (lull  Mick  and  adlif 
person ;  and  if  joo  once  cunctinile  th 
you  shuU  uevrr  say  he  shall  not  liavc 
dents  tu  sucii  a  petson. 

This  case  indeed,  my  lonl.that  I  gv 

I  gros*  a  thing,  lUai  it  was  nctet 
(piestton,  tbuugh  some  others  bare,** 
lordships,  and  ihc  liUo  ;  oaAjptt  na  U 
raulu  was  ever  bnnighl,  or  con  ti« 
cases.  And  Ihul  is  ibn  opinion  npoa  t 
and  soleuur  argument  of  the  cast  of  tl 
(ttfoTd,ia  Mr.  Justici- Junes'*  R«p(m 
il  was  held,  thai  on  earldom,  or  tbc 
peiBonal  dignitf,  and  such  n  one  i 
nature  of  a  pafatic  person,  and  by  nen 
part  with  or  surrender  that  cafocily, 
your  lordship  knows  it  was  adjuilgu 
the  House  of  Lords  in  parhaiiwQl,  ' 
petition  of  tlie  loni  Piirbeck ;  ihiy 
there,  that  ]K-erage  coulJ  not  be  de 
nor  surrendered  ;  no,  ullbongb  ihfM  ' 
te>ied,  and  all  the  instnuneots  of 
could  be  contrited  to  annul  it;  and 
see,  but  that  if  this  capacity  of  a  corp' 
liable  lo  a  forfeiture,  all  others  must 

There  is  one  capacity  indeed,  aa> 
one,  that  a  feme  covert  has  hy  the 
London,  thm  she  shall  trade  without 
band,  as  sole  merehant,  and  be  sue 
shall  sue  :  the  husband  indeed  is  i^ 
only  for  conformity ;  the  actino  i 
her,  and  the  judgment  against  bet 
and  the  debt  must  be  levii'd  of  bet  (a 
it  be  thou^-ht  that  a  Quo  M'arrmto  & 
a  mere  capat-iiy  ?  Nu  niore  tlian  il 
know,  hy  what  u  arrant  siieh  on  one 
be  an  executor,  or  administrator,  oi 
seer  of  a  will  ;  und  i  el  tbere  an 
brought  ugaiiiKi  them  in  siicb  a  caf 
assuch  Ibcy  sue  and  are  sued,  tbuo) 
they  would  he  glad  to  be  rid  of  I 
city  too. 

My  lord,  it  is  true  what  my  Imd 
in  bis  3  Inst.  604,  thero  was  a  ctaM 
tithes  of  marriage  goods  within  Ai 
of  Wales,  which  ia  tak<?n  sway  fay 
nnd  there  hes.iys,  if  a  custoia,  tW 
reasonable  and  tolerable,  ber<inwgrii 
not  answerable  lo  tb«  rrasoo  wbcn 


y]     STATE  TRIALS,  34  Chahles  II.  l6S2.*-«n({  the  City  of  Lonion.    [1 1  lO 


indcd,  yet  it  cannot  be  taken  away  but  by 
or  parJiaineut ;  iur  an  inlieritaiicc  once 
\  cannot  be  taken  away  but  by  parliauient 
his  be  so  of  a  little  custom  in  VValen,  how 
:h  more  is  it  so  of  this  great  corporation  of 
lion,  an<l,  which  is  more  yet,  of  all  the 
•oratious  iu  £ngland  ? 

ly  lord,  Mr.  Solicitor  was  pleased  to  say 

a  corporation   raig'ht  be  surrendered.     1 

t   couiVss,    I   should  not  willingly  have 

died  with  that  |M)int  at    this  time  ;    but 

e  it  lias  been  mcniioneiJ,  I  will  only  endca- 

'tosa^'so  much  as  may  answer  him   in 

t  he  mtended  it  for,  as  a  ground  for  the 

tr  proving  tlic  point  of  forteitures.     I  be- 

:  Mr.  ^$olicitor  (because  he  cited  no  autho- 

tbr  it)  might  rest  very  much   upon  the 

posed  bur renders  iu  the  time  of  Hen.  8, 

Burrenders  that  were  made  of  the  monas- 

»  then ;   and  I  do  believe  he   does  pre- 

e,  as  others  have  thought,  that  those  were 

coders  of  their  corporations :    truly,   my 

,  1  believe  they  were  not  ;  and  to  prove 

they  were  not,!  shall  rely  upon  the  dean 

cha|iter  of  Norwicirs  Case,   .S  Coke  73, 

cfa  is  also  re|M)rted  in  1  Anderson  120,  and 

tail  at  the  same  time  mention  another  case, 

that  IK  the  case  cited  before  of  Fulchcr 

JIaywo<td,  in  Jones  16ti,  and  in  Palmer 

,  whiTC  the  same  question  comes  to  be  de- 

d,  U'Jiethcr  the  deunery  and  chapter  of 

wich  Hu^  given  up  and  destroyed  by  tlieir 

*nder? 

ly  loni,  in  the  report  of  that  cnsc  in  Palmer, 
iil  first  n^niember  }our  lord}>hip  of  what  is 
.  by  ^Vhitlock.  in  his  argument  of  that  case  ; 
iibl.  501,  of  that  book;  there  Whitlock 
nsf  iu  this  very  Court,  says,  That  although 
kmg  can  create  and  grant  a  corporation, 
he  cannot  dissolve  a  corpoi-ation  ;  and  a 
n  and  chapter  being  a  setiled  e<irporatiou, 
.heir  own  act  cannot  dissolvt?  tlieiuselves  ; 
ig  once  a  S(rttled  corporation  cannot  l>e 
dt  sc.  Hut  I  say  further,  those  acts  of 
iament  nuule  in  H.  B's  time  (they  are  all 
uur  lordship's  laeuiory)  that  of  27  U.  U, 
e  all  the  monasteries  under  '200/.  a  year 
he  king ;  that  of  the  SO  H.  8,  cap.  IJ, 
tes,  that  scA'eral  other  monasteries  had  hccu 
Bted,  surrendered,  and  forfeitt;d  to  the  king ; 
it  says,  that  the  king  shall  have  them,  Ue. 


Secondly,  as  to  the  word  '  forfeited,'  my^ 
answer  is  this :  tho  corporation  is  not  named  in 
the  surrender,  and  thereibrc^  cannot  be  presumed 
to  be  intended  to  be  surronderc<l ;  and  then 
there  arc  other  things,  as  leets,  libeilies,  and 
fi-anchises,  which  are  named,  and  are  capabitt 
ot  being  forfeited,  and  so  the  word  iorteited 
may  be  applied  to  them,  and  very  properly  ; 
tor  they  arc  liable  to  a  forfeiture,  but  the  word 
cor|M)rution  is  not  at  all  mentione*!. 

But  tor  another  understanding  of  the  word 
forfeited,  I  desire  your  lordship  would  give 
me  lea\e  to  cite  a  case  in  the  2d  Part  of  UolPs 
Keports,  fol  .101.  (which  is  called  the  Continua- 
tion of  his  Ilcpoits)  and  it  agreeth  exactly  with 
the  hibtory  ot  those  times:  there  were  soma 
.Abbots,  as  the  abbot  of  Glastenbur}',  the  abbot 
of  Reading,  and  the  abbot  of  C«!leliester,  that 
were  stiff  men,  and  would  not  surrender ;  therc-> 
unon  the  king  gets  tlicni  indicted  fit'  treason 
(tJie  storv  is  well  known  h(»w  he  handled  tlioso 
nien)  an<l  thereupon  they  did  graft  a  kind  of  o]>i- 
nion,  that  their  land  was*  forfeited  1)y  this  means  ; 
for  a  small  pretence  wouUl  serve  then  to  put 
people  into  an  act  of  parliament  of  attainder; 
and  he  tells  you,  that  w  as  the  reason  why  they 
put  the  word  forfeited  into  the  act  of  parlia- 
ment; and  then  dislnittom  themselves  u|>on 
tlie  statute  26  H.  8,  cap.  13,  that  statute  that 
gives  to  the  king  any  estate  of  iidieritancc, 
whereof  any  one  is  seized  that  commits  treason. 
Though  I  do  not  by  any  means  allow  it  to  1ms 
law,  that  those  clergymen  by  their  own  acts 
could  forfeit  so  much  as  the  lauds  of  their  cor- 
ration  ;  but  it  was  taken  for  a  pretence,  and  so 
they  put  in  the  word  forfeited. 

Besides  another  thing  is  tliis,  the  same  statute 
says,  The  king  shall  have  and  enjoy  the  things 
thei'e  given  him,  in  the  same  manner  us  they 
the  abbots  priors,  &c.  should  have  enjoyed 
them.  Now  if  the  king  shall  eiij(»y  all  as  they 
<Iid,  and  iu  the  same  manner,  what  then  must 
he  enjoy  ?  it  may  well  extend  to  lands,  to  leett, 
and  to  markets,  ami  particular  franchises  ;  all 
those  things  the  king  may  have  :  hut  shall  the 
king  have  their  very  corporate  capacity  .'*  Shall 
the  kin<f  have  and  enjoy  the  liberty  of  suing, 
and  benig  sued,  by  tlie  name  of* the  ablwt 
and  prior,  or  tho  Uke  ?  That  ofBce,  sure,  h« 
cannot  execute ;  it  is  iiiounsistent  with  sense 
or  reason  to  say,  that  he  shall  have  it,  or  can 


aUow  there  arc  the  wonls  ^surrendered  and  \  have  it.  And  in  these  statutes  they  did  doubtless 


cited,  and  1  mention  tlicm  on  purpose  to  an- 
r  them ;  and  this  is  the  answir  I  give  them.' 
irst.  For  the  word  Suri-ender.  >Vhen  the 
lasteries  were  suiTen<leiT(!,  that  was  only  a 
It  of  the  lands,  and  nothing  cl.^e  ;  the  word 
lastery  can  carr^'  nothing  I'lse  in  it.  And  so 
Portly  and  Adam's  case  in  Plow  den's  Com. 
.where  there  is  a  groat  diiscourse  of  the 
coders  ofthf  monai^H'rios,  and  the  ai-ts  of 
iaiueut  about  ihem,  niul  wlmt  ensue«l  up^n 
D  ;  but  ill  all  that  hook  it  wa^:  not  by  any 
Jisadmitte<l,thr.t  the  corporutioji,  or  any  of 
,  was  by  these  siirren'liTs  diss<»h  e<l  ^ind, 
lordy  as  to  the  word  JSurrcndtr,  it  is  fn!ly 
IM  by  the  words  <  iaud;>  and  tt-ueoittuts.' 


acciiinulate  words  to  make  them  look  bigger, 
because  they  w  eie  to  make  a  great  present  to 
H.  8,  by  these  means. 

Tlieu  comes  32  H.  8,  cap.  24,  that  relates 
to  the  corporation  of  the  knights  of  St.  Jolin  at 
Jerusalem ;  and  it  seems  by  the  iiemiiDg  of 
that  statute,  that  tliis  very  question  had  been 
taken  notice  of  since  tlie  time  of  the  makuig  of 
the  last  statute  in  30 ;  for  tliere  it  is  decU^ed, 
That  that  corporation  of  St.  Jolm  at  JenLsulcm 
shall  be  dissohed,  and  that  the  king  shall  hav« 
their  lands.  So  that  their  taking  notice,  and  pro- 
viding directly  to  dissolve  it,  shews,  that  iney 
had  by  that  time  considered,  that  neither  tuj 
surrender  t)f  their  lands »  nor  ike  vcsuiitf  «i 


1111]  STATE  TRIALS,  3*CHABLEsn.  \6&2.—Proeetdi»gsUtHKentluia»g[\\ 

tliere  id  that  book  ;  and  so  il  it  uf  linkM 
tity  Bs  to  nay  thins  else ;  but  k  k  trm, 

hoaar.and   fancied   theimvKt^  disaolved,  be-    ibat  book  does  >«¥  in  the  end  ol'ilienM, 

ciuselhey  wtre  turned   out  of  their  poases- 

Tylorrf,  inliie  gfreat  rase  of  Hsywiod  and 
anil  a^ain  said  there,  tbul 


llie  mrrcndcr  of  the  dean  and  chapter,  (where 
tfieysiirreudercJ  all  ihcir  church,  and  all  iheii 
franchises  and  hereditaments)  was  no  Hnrrcniler 
Ofthecorporuliun.Rn,  ibnua^htlickincdid  take 
ft  to  be  a  Biirrander,  fur  hit  accepted  it  "  ~ 
nuiTcnder  and  ^raoted  thein  a  new  i 
poratitu)  of  the  same  name,  only  nildiDg, 
*  fiindali"iie  ivfps  Edwanli  l!4extt.'  §o  that 
bo  did  take  it  to  tiea  j^whI  sulreiHler,  Iiill  it  ttas 
itUodifrd  that  it  was  not  a  ffood  one  ;  and  so 
h  U  held  in  3  Coke  73.  And  so  SJijs  the  dean 
of  WcUn's  case  iji  Djer  973.  the  surrender  is, 
''DianuiLT.iK  ISocIcHitcCalbclralisde  Wells:' 
ooe  would  tbirik  it  impossible  to  have  surren- 
dcrad  any  Ihini^  by  a  stroug'pr  word  ;  bnt  yel 
flitnvtiii-ysay,  it  is  not  good  without  an  act  of 
pariiaiiieiit. 

And  whereas  it  hath  becntometimes  said,  as 
ft  ii  tlicre,  ihej  were  dusolved,  and  they  har« 
'"H  dissolved"  by  the  surremlers,  and  ihe  like ; 
■"  ■'  ft  very  ([uod  auswer  (fiven  to  all  that 
E  in  Palmer  135,  where  it  is  said,  when 
■bey  S{icak  of  a  dissoluliou  by  surn;nder,  it  b  a 
rehUion  of  fact  only,  and  ootoflaw;  that  is, 
tbej  werediisotvediii  fact,  soaslhey  did  rie- 
■crt  their  hottse,  and  did  demean  iheaiselvea  aa 
if  they  iverc  dii>eor)Hiratcd,  but  they  were  not  go 
in  law ;  iiir  they  liuicied  a  corporation  roiild 
BOtbe  wiiEmiu  lands,  andso,  when  (heir  lands 
and  church  were  given  up,  they  thought  all 
was  gone  anddissoUed  :  for  (laiid  they)  a  dean 
and  chapter  must  be  a  dean  and  a  chapter 
•f  oome  place,  and  wlieu  tlie  land  is  &t>ne, 
bow  can  they  be  said  to  be  of  such  a  phce? 
Ro,  said  llie  judges  there,  that  is  no  rea- 
nn  nl  alt ;  for  llie  cor^ration  was  before 
they  hod  any  lands ;  and  if  those  lands  were 
oil  eiicled,  or  they  all  disseised  >if  ihein, 
they  are  a  corporation  still.  And  i 
Abr.  2.  part  1»5,  it  is  said,  the  abbies  .  . 
the  kins'  by  the  statutes  ul' dissolution  ;  so  that 
they  had  no  opinion  that  the  surrender  did 
carry  even  their  lands,  ll)oii|;li  I  do  admit  tliey 
did  carrytheir  lands;  bill  Imaysaylhey  enuld 
CtuTy  DO  more,  they  could  not  curry  ttiei'rbein); 
of  thecorjioratioji. 

There  IS  a  i^tae  in  Dyer  282,  and  it  is  the 
only  case  that  seenis  against  iw  in  this  point ; 
there weietwD  deans  andcluptersof St.  Pa- 
trick and  Christ  Chiu^;h  in  DubUn,  in  Ireland ; 
*nd  lliest.'  both,  and  not  one  of  them,  were  to- 
(jMher  one  chapter  of  the  aruhhiabop  of  DuUin, 
time  out  ol'niind,  aaii  ooo  of  these  surrendered 
ftnd  then  tliiir  house  was  used  tor  a  place  for 
theouurtbofjustice,  and  continued  so  ;  and  then 
» lease  isniadc  by  the  bishop,  and  that  confirmed 
ky  the  unl}i  reiiiHitiln'''  deau  and  cbuuter,  which 
wasthat  of  C'lirisi  Church;  and  ivlietlicr  that 
IcaM'  was  gnud  or  no  was  the  question,  and 
Uu^  that  wu  the  only  ^uenioa  Uiat  is  nude 


\Jy, 


ibat  book 

theleaae  was  belli  (food, 

'  capitulum  sancti  PatrieiiprmdirlilcniEpst 

'  num  et  sununi  mtdilionetD  doraui  ttr'' 

'pnedicti  legitime  dissolutumctdclCTmii 

My  lord,  to  that  I  answer : 

First,  There  was  no  occssion  fcf  (hia 
because  it  did  ditjTess   fruio   the  main  \ 
the  case,  as  it  is  truly  obgerred  in  PaUnn, 
S09,  next. 

Secondly,  It  was  a  private  extnun 
nion  i  it  was  the  opinion  of  bath 
and  for  ou^ht  appean  oeren  might  br  «f | 
ther  opinion,  and  yet  the  cue  miMT' 
the  opinion  of  all  the  jud^^  here,  buui 
Inwyera  in  Ireland,  it  seems,  did  n»Le  i 
doubt  of  it.  And  it  was  also  aii  a|nDl« 
jiid^neulof the  favourable  side. fin'  ill 
connrro  a  predecessor's  lease.     But, 

Tlurdly,  Certainly,  my  lord,  the  comii 
taken,  tor  tlic  snrTender  could  DM  be 
without  the  couaent  of  the  bishop,  wbid] 
added  ill  the  end  of  tlic  case  Hifni :  b«  i 
|>atrun,  and  must  necessarily  conAna  tU 
Inmakelhein  Talid,  es|ieciallr  thnMl 
stitntcd,  anil  (pren  ti>  him  forliis  ad(ie«  i 
pwemmentof  the  church,  and  lbcdil|i 

Fourthly,  my  Iwd,  I  hare  this  fiitlh 
swcr  to  pv«  it,  that  my  lord  C<^  mi 
Lctm.  331.  (and  it  is  not  deuied)  that  IH 


FlAlily,  1  have  by  me  a  mauuseript  rfaj, 
lord  Dyer's  Reports,  the  most  aotbeiilic  ■*' 
which  was  my  lord  Coke's,  and  has  hiaooi  MJ 
to  it  in  sundry  places  ;  and  by  that  be  Mi 
olien  correct  the  prints  of  Dyer.anil  ■  *■! 
he  iniRhl  have  done  in  this  case;  fortboiiM 
these  Latin  words  are  lefl  out,  iherfBiKl*!' 
of  them,  nor  any  sjNicc  left  toputlbFaiiB,irf< 
any  bbit  tiir  their  being  rased  out,  il  is  u  r 
dition  of  llie  publisher,  and  printed  bintta 
letter  than  tlie  rest  of  the  case  is  ;  i 
that  boidL,  which  I  take  to  be  the  tew 

of  Uyer:  Besides,  my  lord  Coke's  »s , 

it  was  by  aetofpBrl)am«9it,makcaana^'4 
Anil  truly,  my  lord,  that  the  detentBuMi* 
Guch  tiling  should  be  by  act  of  puliuMfr 
shall  cite  tou  one  authority,  and  Honwi 
fitiin  Mr.  suUcitor,  who  has  menciDW  x''' 
fore  ;  it  is  Itot.  Par.  6  R.  3,  num.  IJ.  a^  ^' 
taken  notice  of  by  my  lord  CtAe,  "hm*"' 
inhiS'l  Inst.  ass.  To  which  I  add  »*«.■' 
the  liberties  were  seised,  and  the  cur  "j^ 
mined  io  pariiaraent :  Tliere  tbcouc"'"* 
the  mayor,  liailiffs,  and  conimonally  i''^'^'*^ 
bridge,  had  committed  a  iHitDno«i^<ii>n*'^ 
tumult ;    they  had  assaulted  thr  oJIftl^^^ 

ersily,  they  had  itoprisonnl  dw'' 
chanotdlnr,  and  some  of  the  schoUo  il^ 
extorted  from  them  two  rtjeascs,  tn'li'"^] 
3,t>00(.;  aud  after    all   this  i;reit 
tumult  a  writ  went  out,  but  wta-Dcri 
th«  parluuueutf  and  lUere  tfaey  ait 


I    STATE  TRIALS,  34  Charles  IL  1682.— auI  ike  CUy  efLtmdan.    [1114 

and  there  the  lands  shall  be  seised  into  the 
kind's  hands,  and  that  look  big  upon  record  - 
but  if  you  coroo  to  know  the  meanings  of  it, 
it  is  only  that  the  sheriff  should  return  issues 
upon  it,  and  that  is  a  very  little  thini; ;  the  king 
lias  TIC  pretence  lo  the  title  of  the  land,  nor  is 
the  suit  his  suit,  but  the  party's  :  So  the  seizing 
of  a  bishop's  temporalities,  and  the  lando  of 
priors,  aliens,  and  the  like.  But  words  must 
nave  a  reasonable  and  legal  construction;  as 
when  a  statute  is  made,  that  if  a  man  does  so 
and  so  his  body  shall  be  at  the  king's  will,  and 
he  shall  do  nith  him  at  his  pleasure,  as  in  tho 
statute  of  maintenance,  and  tne  statute  against 
the  transporting  of  money,  that  is  nothing 
but  that  he  shall  forfeit  the  use  of  his  body^ 
and  shall  be  imprisoned  for  the  offences. 

All  this  I  shew,  to  distinguish  about  this 
word  seisiire,  and  by  that  distinction  to  answer 
the  weight  ot*  all  the  records  that  Mr.  Solicitor 
has  cite«l.  Tliosc  seisures  that  were  of  any 
towns,  I  say,  they  were  only  till  they  had 
made  a  fine  to  the  king ;  and  when  the  king 
had  so  seised  them,  what  did  he  do  ?  He  put 
in  a  Curios  uimn  them,  which  was  to  keep 
them  in  giKxl  order ;  he  put  them  into  a  sa& 
hand,  but  it  was  never  intended  to  suspend  or 
destroy  the  corporatiou :  For  the  corporation 
went  on  as  it  did  before,  it  might  sue  as  it  did 
liefore,  and  was  as  liable  to  be  sued  as  before  ; 
it  was  to  put  a  g^ard  upon  them,  not  for  their 
destruction,  but  for  their  preservation  ;  to  qudi 
insurrection,  to  keep  peace  and  good  order 
among  them ;  the  seisure  of  the  liberties  was 
not  a  seising  of  the  corporation,  because  a  cor- 
poratiou is  not  a  liberty,  it  cannot  be  seised  ; 
for  the  king  cannot  exercise  the  liberty  of  a 
corporation ;  the  king  may  seise  the  mayoralty, 
and  the  king  may  put  in  such  a  deputy,  that 
may  be  a  Custos,  he  may  seise  the  slieriffalty, 
he  may  seise  a  leet,  or  a  market,  or  he  may 
receive  tlie  profits  of  them,  and  execute  by 
deputy  the  purport  of  them :  bet  what  can  be 
do  when  he  has  seised  the  corporation  ?  Can 
he  himself  be  the  mayor,  commonalty,  and 
citizens  of  the  city  of  Liondon  ?  or  can  ne  put 
in  any  one  to  be  such  corporation  ?  It  is  not 
a  thing  manurable,  it  is  not  a  thing  seisable, 
nor  ever  was  seised ;  for  the  king  can  seise  no- 
thing, but  what  he  can  have  and  use  when  he 
has  seised  it.  And  therefore  all  those  Custodes 
that  were  put  into  London,  upon  the  seising  of 
the  libertit»s,  were  only  in  the  nature  of  the 
lord  lieutenants,  that  were  to  kc(>p  order  in  the 
city,  and  prevent  breaches  of  the  peace ;  but 
still  the  customs,  the  courts  and  the  usagiw 
of  the  city  went  on  as  tlicy  did  lief  ore ;  I  cite 
not  any  vcoord  indeed  for  it,  bocaust;  there  is 
no  mfCfJ,  it  is  so  well  known  ;  but  if  there  be 
any  doubt  of  it,  we  will  make  it  ap|»ear,  that 
during  all  those  times  Mr.  Solicitor  speaks  of, 
Hho  has  cit<*d  a  ^nrat  many  records,  ^nd  if 
he  can  find  as  many  more,  yet  still  all  along 
the  city  was  in  »inlu  quo,  a*s  to  their  l>oing  a 
cuqionition  ;  they  did  sue  and  wen?  sii«l,  and 
thejr  did  all  manner  of  acts  as  a  cor]>oriition» 
which  shews  Uist  it  was  aot  «a  xsons:^  v^ 


ear,  and  there  they  are  to  shew  cause 
be  liberties  should  ncK  be  seized,  as  for- 
;  and  there  ufton  full  hearing  it  was  ad- 
Iby  the  king,  with  the  full  consent  of  the 

and  Commons  in  })arliament,  that  the 
*s  should  be  seised  as  forfeited  :  All  this 
»i  notice  of  by  my  lord  Coke.  But  yet, 
le  thought  it  not  enough  to  have  said  all 

tiie  body  of  the  book,  he  puts  down  in 
irginofthat  book  these  words,  Nota,  It 
one  by  act  of  parliament.  And  that  it 
dcen,  that  a  corporation  cannot  be  dis- 

but  by  parliament,  I  shall  cite  your 
ip  Davis's  Heports,  foi.  1,  b.  where  he 
tnat  neither  by  the  surrenders,  nor  by  the 
r  parliament  that  gave  their  possessions 
crown,  wcrre  those  corporations  dissolved ; 
rrenders  did  not  do  it,  and  the  acts  of  par- 
it  did  not  intend  it. 
,  my  lord,  1  shall  dismiss  this  point,  for 

it  If  ill  not  conduce  to  the  question,  which 

Whether  a  corporation  be  snrrender- 
»r  no  ?  but.  Whether  it  be  forfeitable  ? 
w  there  are  many  things  that  are  re- 
eable,  that  yet  are  not  forfeitable ;  an  an- 

'pro  consilio  impenso  et  impendendo' 
e  surrendered,  ana  so  is  Empson's  c*ase  in 

fbl.  S,  but  it  cannot  be  forfeited  for  trea- 

b  a  thing  that  adheres  to  the  person, 
ere  is  a  privity  in  it  that  makes  it  not  for- 
e ;  so  a  guardianship  in  soccage,  a  man 
enounce  it  as  well  as  he  may  executorship, 
ire  neither  of  tlieni  forfeitable ;  and  so 
trust  of  a  freehold,  and  several  other 
iiings. 

'  kml,  as  to  what  Mr.  Solicitor  has  said, 
a  corporation  may  be  seized,  and  thcre- 
l  may  be  forfeited  ;  I  think  certainly  that 
piod  conclusion  at  all.  Those  words  of 
res  and  liberties,  and  seizing  into  the 
I  bands,  he  lias  vvith  great  leaniing  col- 
la  great  many  rtrcords  about  theiu,  and 
make  a  great  sound  at  first,  but  when 
■re  narrowly  looked  into,  they  make  110- 
'  of  argument  at  all ;  they  have  slept  a 
time,  and  are  but  imi>erfectly  remember- 
Ihcy  may  serve  to  amuse  people,  but 
I  they  are  cimsidered  they  will  signify 
Kttle.  Vet.  Nat.  Br.  foi.  161.  He  dis- 
Uies  there,  and  every  body  must,  Ixrtu-cen 
'aiBes  of  tlie  seizure  of  a  franchise  into 
lung*8  hands,  and  the  causes  of  a  for- 
s ;  and  there  he  sets  Aovm  several  things, 
>cii  adds  *  stude  difTercntiam  istorum :' 
^  there  is  a  difference,  and  that  difference 
Wdl  to  be  ailvised  iifton.  In  2  Edw.  3, 
i  29,  Scrope  gives  the  rule,  says  he,  in 
^■es  a  franchise  ought  to  be  taken  into 
'^gr's  liands,  and  in  .some  cas<'s  it  ought  to 
t^  till  a  fine  be  made  to  the  king  ;  and 
^  cases  it  ought  to  be  forc-jadip.f  1 ;  and 
[tekea  three  oistinctions.  Now ,  my  lord , 
dl  answer  (as  I  shall  observe  by  and  b^  } 
tt  Mr.  Solicitor  has  proilucfMl  almut 
^g  cither  by  act  of  parliament,  or  lor  a 
*  for  a  distress  for  want  of  an  appearance, 
^adioo,  there  goei  outaUraadCape, 


1115]  STATE  TRIALS,  S^CharlesII.  l6&2.—Proendings  beltUfrnthtKinslm 
■uapenJcd,  much  less  forruleit.    This  jswitli- 


ai  all,  it  niuEt  have  been  cKttn<.-t  j  and  if  thtire 
ouulil  htkic  liepn  a  juilgiuFnt  qiven  ai^iosl  it, 
it  coutil  not  have'Wn  taben  intn  the  kitig'H 
Tinnds,  but  il  miist  have  been  an  ouaur  Qf  tbe 
liberties. 

In  Yelverton  there  a  h  case  of  the  klngp 
a^aiuBt  Ktavertun,  a  Quo  Warraula  is  broug^hl 
agninct  SumTton  tar  ke'ipio;;  a  cuurt  leet,  nnil 
•  cvurt  bnron,  nilhiii  the  liunilred  aiid  manor 
«f  WarfielJ  i  the  delundant  iJisflaJroa  tlie  laturt 
ket)  as  to  the  L-ourt  baron,  tlie  grrat  dnubl  is 
whether  a  Quo  Warranto  can  Ik  litought  tor  it, 
it  appearing-  that  lie  hod  amaoor;  Itir  that  is 
ttiM.-|iftrBblc  to  a  manor.  For  he  that  has  the 
ilemnuuii  and  copyholds,  must  call  lii.i  tenants 
togethertnilosuilBtiilserTicF;  and -t  is  agreed 
indeed  a  Quo  ^Varranto  uill  lie.  But  Pleminif, 
«luef  jusliLt-,  and  Fenoer  doubted  of  it.  And 
in  that  cnscjudifment  must  be,  tluit  lie  shall  be 
ousted  nf  the  liberty,  and  not  tliat  it  shall  be 
aeitwli  liirtliG  king- cannot  use  it,  and  therefore 
it  ia  iaitKistiil'  te,  that  it  should  be  taken  into  his 
liBiuU:  and  so  it  is,  as  I  ssiil,  of  a  bi^op's 
lempornlitics,  and  the  lands  of  priors,  aliens, 
OJid  the  like;  it  is  a  mere  [icrsoaaliiy,  and 
ran  not  be  seised. 

But  Mr.  Si>li<^ti)T  says  a  cnrporatioD  can 
Cominit  a  crime:  tnily  I  do  very  much  <|iies- 
tiou  tluti,  uaj,  t  !ihaU  deny  it  by  and  by  :  but 
if  tliey  do  cominit  a  i^iine,  the  puniumient 
must  be  by  other  means  lliau  a  foriciturc ;  luul 
I  will  cite  J  our  lordstiip  a  parallel  case :  For  an 
I  said  before,  a  corporation  is  an  ability  or  ca- 
pacity like  that  of  u  cleoiKen,  and  so  can  do 
mote  be  Ibrteited  than  a  dcnizeiisbip  ata. 
There  is  Verseline  Manning's  Case  in  Ijane's 
Reports,  5S,  aud  the  same  Case  is  in  Rolls 
1.  Abr.  195,  inanoffieeufintrusion,  itisthere 
found,  that  Verseline  Manning,!'  was  a  dcnizeu  by 
letters  palcms,  and  iu  tlie  letlera  patents  there 
was  a  claikse,  as  is  iis^ual  in  patents  of  deniza- 
tion proviso,  that  Venteline  MBouiiig  the  deni- 
zen should  dolieL!:c  hoina|;e,  and  that  he  should 
be  obedieut  and  oiiseni?  the  tawK  of  this  realm. 
The  office  finds  that  lie  never  did  homage,  nor 
iTas  obedient  to  all  the  lanii  of  Ibc  realm  ;  and 


■ays  the  court  there,  by  no  means,  this  must 
have  a  reiiiionable  eontttr\iction,  not  to  take 
away  his  capncitv  of  being'  used  as  ■  subject, 
and  so  suing'  auif  ixmg  sued ;  but  the  proviso 
is  to  be  iuterpreted  thus,  for  his  nnn-obi'dicDcc 
of  tbe  law  he  shall  forfeit  the  iicnallies  up- 
pointed  by  the  taw :  So,  I  sav,  a  corjHiratiuu, 
if  tliey  do  offend  llic  laws,  aliall  tbrleit  and  un- 
dereo  the  jienalties  appointed  by  tbe  law,  but 
not  be  discurporaled,  any  more  than  a  denizen 
undenizencd . 

My  lord,  the  next  point  that  I  ^n  ufion  is, 
vbat  1  at  first  mentioned,  and  that  is  this,  that 
tWs  Quo  Warranto  is  uot  well  brought,  and 
tliere  con  be  no  judgment  ^Itru  against  iis 
nponit,  if  we  thouliT  adsut  (which  1  do  not) 


that  a  corporation  is  fotfeilaUe ;  or  if  I  il 
grant  (tt  hich  1  do  not  neither,  but  daH  « 
lo  that  afterwards)  that  tbe  particulars  ubm 
ore  cauKcii  of  a  forfeiture. 

Now  this  Quo  Warranto  ii  bmiighia^td 
the  mayor,  commonalty,  aad  eitianu,  rfih 
city  of  London,  that  is  to  say,  oi^uu-ii  it 
poraliun  (for  that  is  tlie  corporaie  nuu 
no  man  sure  is  ao  vain  as  lo  think  that 
Uie  chriatian  name  or  suniune  •if  but  i 
person)  therefore  I  say  il  is  bran^i  i^m. 
uj  as  a  corporation,   and  chargu  m,  amtr, 
have  usurped  the  liberty- of  beine  n  corponte 
under  such  a  imme,  for  a  month  herorvUwib 
IbrmatioQ  brought.    Nun,  my  ttml,  I  nj 
is  impos^le,  and  this  is  repuKnuil ;  hi 
question  is  here,  whethf^r  we  arv  >  rormil 
and  that  is  a  liberty  to  be  pl*iuti(raii>j<klai 
ant?  And  then  comes  Mr,  ARrnnny, udi 
mils  us  to  be  defrndantH ;  f«r  he  siw  ^  ^ 
name,  and  yet  the  very  question  thai  U  4 
bring  us  lo  dispulti  on  IS,  irhedicrnmi) 
pablfl  of  being  defendants,  or  no:  ThUajl 
as  if  be  should  have  Bai<l,  I  havv  btiaigttp 
into  court,  and  you  DiuH  be  delenduili,  m 


I  have  brought  you  here  Ibr  uothins ; 
is  no  cause  depending  without  pmio,  pl 
and  de^dant ;  and  then  I  will  asKgi  t 


of  my  edit,  that  _ 
itor  la  it  possible  for  you  to  be 

My  lord,  this  is  plain  reason  ;  tuf  I 
strengtlien  it  with  grrat  aulhoril}-,  wul  l) 
the  case  upon  a  writ  of  error,  out  of  In 
to  reverse  ajudgmcnt  given  in  a  QuuHm 
ngainst  (he  corpumiiun  uf  Dublin :  li 
I'almer  the  first  case,  and  Q  ItolU.  tol.  1 13 
J25.      A   Quo  WarraiUo  is  brouKlil  ig 
CusBck,  and  other  aldermen  of  Dnblio,  sll 
pretended   to   have  privileg'oi,  and   a  f^ 
and  10  be  H  corporation,  and  this  1  prtsim 
Ibr  their  being  a  corporation ;  for  iberr  t 
'  Curia  advisore  vult'  as  to  the  coiponliin,!^ 
*oit  is  not  put  inlhccase,  hut  it  is^brNtl 
for  sevtral  liberties  that  they  did  pnWi 
claim  ;   as  that  they  only,  and  nooe  oHf 
should  sell  and  buy  all  merchandizn,**^' 
body  sliould  buy  of  another,  or  sell  lo  iMd 
but  to  them  ;  that  all  merchandizes  iboeM 
brought  to  their  common-ball,  Stc.  fitn.» 
these  liberties,  they  are  forjudged,  ibtl 
liberties  should  be  sei^,  and  tbcy  oastrJ ; 
to  their  being  a  corporation,  '  Curia  aj^ 
'  vult;'  so  the  case  is  in  Palmer:  bol  io  I 
other  book  ia  2  Rolls,  11  j,  it  is  «s"'^jL 
Quo  Warranto  be  brought  to  diswdie  the  W( 
ufacorponiliun,  it  oug^tto  bebroui^tit^i^ 
porticidar  persons  ;  for  tlie  writ  si'jl'"'''^ 
they  are  not  a  corporation  ;  and  it  is  i»  "i 
IhcMipposal  of  the  writ  to  naine  tb«  "' 
corporation.     Now  hen'  this  writ,  il  s"!"?* 
them  to  be  a  corporation,  or  ii«  *'')j2 
not  be  defendants ;  and  then  it  comes  isJ** 
Ges  that  supposal,  by  aiaigiung  ihsi  tlK7l 
no  corporation,  uor  ever  were,  or  if"!"?!!, 
been,  tbey  hud  Ibrl'eiieii  it ;  and  i 
dationthat  this  writ  sianilsupon  '*"'~:j^ 

In  this  caK  of  Cuaaek  1  uu  wuiidun* 


'«:» 


]     STATE  TRIALS,  34  ChablesII.  i682.— «ii<f  the  City  of  London,     [ills 


a  report  of  it  in  my  Lord  Chief  Justice 
s'h  Book  ;  a  report  of  very  ^^reat  authority 
all  uiCD  of  our  profession  :  And  there  he 
expressly,  If  a  Quo  Warranto  be  brought 
he  usuqnng  a  corporation,  it  must  be 
Ifht  a^nst  {Muticular  iiersoiis,  because  it 
in  disafHrmance  of  the  corporation ;  and 
neat  shall  be  given,  that  tney  be  ousted 
le  corporation ;  but  if  it  be  for  liberties 
led  by  a  corporation,  then  it  must  be 
^it  a^inst  them  as  a  corporation. 
nrd  Chief  Justice,  What  folio  is  it  in  ray 
ITiles^s  book,  Mr.  Recorder, 
r.  Recorder.  It  is  my  lord  Ilales's  Com- 
•  place  Book,  which  is  in  Lincoln's- Inn 
ry,  fol.  l(iti.  placitu  7,  and  this  is  our  case 
tiy.  If  you  go  about  to  sav,  our  coqio- 
3  is  forfeited,  or  must  be  dissolved,  nay 
,  (as  you  say  here)  ^^e  never  have  been  a 
iration  ;  or  by  forfeiture  our  coqK)ration  is 
loDfiT  ago,  then  there  is  nothing  can  come 
e  tfie  court  properlv*  but  that  J.  S.  and  J. 
Articular  iierM>ns,  have  usuqied  to  be  a 
iration,  when  they  are  none.  This  infnr- 
Ml »  brought  in  disaffirmance  of  their  being 
poration ;  and  therefore  there  must  be  set 
omebody  capable  of  being  a  defendant  in 
a  suit ;  and  who  can  that  be  but  particu- 
ersomi,  which  ought  to  have  been  namc<l, 
ey  are  in  that  case  of  Cusack  ?  For  as 
vent  of  ouster  of  particular  liberties  given 
ist  particular  persons,  will  not  bind  the 
of  the  corporation ;  so  the  judgment,  that 
•re  net  a  corporation,  will  not  be  good,  un* 
t  be  given  against  those  particular  (lersons 
■urp  the  corporation.  And  I  do  say  fur- 
tbat  individual  freemen  of  London  cannot 
Uy  be  bound  by  this  judgment :  For  they 
IOC  here  before  j'ou,  nor  were  they  ever 
Ebr  it  is  the  coqioration  here  that  is  made 
cfendant.     Anil  I  do  not  now  consiiler  the 


ber  that  make  u»  that  body  (London's 
r  so  p<^lous  dotli  not  alter  the  case ;) 
M  case  IS  the  same,  if  it  were  the  corpo- 
II  of  Queenborough,  or  any  other  petty 
antion.  Suppose  twent}'  men  be  a  corpo- 
II,  or  pretended  to  be  a  corporation,  and  you 
e  to  enquire  by  what  particular  means  these 
ty  men  pretended  to  be  a  coqwration,  or, 
e  words  of  this  Quo  Warranto  arc,  usurped 
e  a  corporation ;  you  must  not  sny  that 

we  one,  and  tlien  say,  that  they  usurped 
br  'tis  not  the  corporafion  that  usurps  to  be 
proration,  that  is  impossible ;  but  it  is  the 
tenlar  persons  that  usurp  to  be  a  coqmra- 

whcu  indeed  they  arc  not  one.  A  corpo- 
«  May  usurp  a  market,  they  may  usurp  a 

km  they  cannot  usurp  themselves.  In 
^md'sliook  of  printui  Precedents  (which 

bboriouB  thing,  and  wherein  he  has  col- 
^ill  the  precedents  he  could  meet  with  of 
'  VamnUis)  there  is  but  one  in  all  tlie  col- 
^1  that  was  bronglit  against  any  persons 
>  the  score  of  lieing  a  c^rpi»ration  :  And 
^  m  that?  How  was  it  brought.!*  ^^t 
^it  a  eorporatkin  that  was,  but  against  a 
that  neier  was,  that  is  to  say,  a 


reel  of  people,  that  took  upon  themselves  to 
a  corporation,  when  they  were  not;  and 
that  is  the  same  single  precedent  in  Coke's 
Entries  527,  tit.  Quo  Warranto.  The  king 
against  Helden,  and  other  burgesses  of  Uelms- 
ley ,  for  usurping  to  be  a  corporation  by  the  name 
ot  the  burgeisses  of  Helmsley.  And  how  d(»e8 
the  Attorney  (veneral  thcTC  bring  the  writ  ?  He 
brings  it  against  particular  persons.  31  y  lord 
Holnrt,  who  was  then  Attorney  General,  never 
thought  he  could  have  maintained  his  Quo 
Warranto,  or  exi)iH:ted  judgment  against  them, 
if  he  had  brouglit  it  against  the  burgesses  of 
Helmsley  generally,  and  tlicn  have  said,  that 
there  were  no  cofjioration  :  but  he  brings  it 
against  these  particular  persons,  and  there- 
upon they  come  in  and  disclaim  their  being 
such  a  coqM>ration,  and  the  having  the.  other 
liberties  ;  and  the  judgment  is.  That  of  those 
liberties  those  particular  people  should  be 
ousted,  and  should  not  iutermeddle  with  them. 

Now,  my  lord,  what  judgment  can  be  given 
in  this  case,  that  the  mayor,  commonalty,  and 
citizens,  shall  not  intermeddle  with  the  being  of 
mayor,  commonalty,  and  citi/ens?  'Tis  a 
very  reasonably  judgment,  tliat  Helden  and 
these  |»articulai'  persons  should  not  intermeddle 
with  such  a  liberty,  or  be  in  such  a  coqiora- 
tion ;  but  if  such  a  judgment  be  given  against 
the  city  liere,  that  would  be  as  much  as  to  say. 
That  you  have  never  been  what  you  are,  or 
you  shall  never  be  what  you  are,  that  is  the 
English  of  it. 

And,  my  lord,  I  am  sure,  as  there  never  was 
but  one  Quo  Warranto,  that  we  can  find  any 
printed  precedent  of  against  the  being  of  a  cor- 
poration, so  that  very  precedent  is  not  ugninst 
those  that  really  were  so,  but  particular  persons 
that  usurped  to  be  so.  And  if  you  search  all 
the  records  of  this  kingdom,  and  all  thi^  books 
in  all  the  offices,  you  will  uever  find  any  that  is 
brought  against  a  corporation,  for  being  a  cor- 
poration, upon  prett'iice  that  they  might  be 
made  none  by  a  tort'eiturc ;  and  no  prerogative 
of  the  king  siiall  extend  to  excuse  this,  but  his 
action  shall  abate,  if  it  be  not  riirhl  brtmght, 
as  well  as  the  subjects,  and  so  is  Pluwd'  Com. 
fol.  85. 

Further,  my  lonl,  I  have  another  authority 
in  this  point ;  and  that  Ls  in  tlie  case  of  the  cor- 
|>oration  of  Maidenheatl,  wliich  hath  been  so 
often  citeil  by  Air.  Solicitor,  and  it  is  in  Palmer 
80,  Ul,  where  it  is  saiil,  Whenthu  Attorney 
Cjeneral  hath  supposed  ihem  to  be  a  corpora- 
tion, it  is  not  usual  to  ])lead  them  to  be  a  cor- 
porati<>n  ;  other »« Ise,  if  he  hail  f luestioned  them 
as  inhabitants  of  such  a  town,  then  they  ought 
to  enable  themselves :  Those  are  the  words  of 
that  IxMik ;  and  what  can  be  more  plain? 
Here  the  Att(»mey  (veneral  supposes  us  to  be  a 
cc»r|»oration,  his  replication  tlies  in  his  own 
face  ;  and  he  having  sup|iosed  it  at  first,  he  is 
bound  not  to  question  us  lor  our  being  a  corpo- 
ration at  any  time  after.  As  co  the  business  of 
ftrriitfeccruniy  it  is  a  strange  and  a  new  word, 
that  never  came  into  any  Quo  Warranto  hefore^ 
that  I  know  of;  bulYievr'iKV  acnc^x^^vkscMi 


^119]  STATC TRIALS,  34 Charlbb II.  1682 PreS4tSlit 


word,  but  nut  iLir  iluag,  and  that  Ihey  htre 
ibrTeited  by  such  and  such  arts :  Thi«  Eiire 
will  be  rety  hard  upon  dh  ■  iiir  if  it  be  a 
fiirieitLire,  it  luusl  relnle  to  Uie  lime  of  [be 
thing  done,  to  the  time  of  the  makiiuF  tlie  act 
vf  the  cammon  cauncil,  to  the  lime  oT  the  toll 
levied,  or  to  the  time  of  the  petition ;  and  il'  it 
do  so,  il  miun  relate  like  a  fbrfeilure  for  trea- 
son ;  it  must  reach  all  mean  acts,  all  the  leases 
ihat  we  bare  made  siace,  are  gvne ;  all  the 
judgmeals  that  we  hare  gireii  in  aay  CBUKe, 
are  ■  coTom  ncin  Ju(Uce,  and  vnid  ;  all  iheacts 
»f  tbe  corporation  are  orertumeil  by  this  for- 
feiture; Bad  we  bare  been  under  a  vast  mis- 
take all  tliis  while.  We  have  had  do  inavura 
nor  aheiifts,  nu  kind  of  officers,  no  manner  of 
regular  and  legal  pmceedings ;  but  we  have 
Wn  under  a  f^reat  mistake  ever  uoi-e  this  mo- 
ney was  ordiiiunl  or  levied.  We  have  for- 
Ipiled  all :  and  that  it  ia  so,  is  plain,  because  in 
all  Quo  Wairanto's,  wherein  persons  are  ena- 
picted  for  usurping  of  liberties,  there  is  a  fine 
set  upoD  them  tor  continuing  that  usurpation, 
«nd  reason  eood ;  then  if  il  be  an  offence  for 
continuing  the  liberty,  we  must  be  fined  far 
doing  it  ever  since  the  forfeilufe,  when,  if  Mr. 
Attorney  Gcncnkl's  rule  be  right,  there  has 
lieeb  no  such  rurjioration ;  but  we  ought  to 
hare  discontinued  all  our  acting  as  a  cor|iora- 
tion  and  laid  it  down  ;  and  so  every  step  that  we 
bat*  taken  sinoc  liatU  been  irregiilar,  and  every 
ad.  void. 

If  so  be  an  action  be  bronght  against  Baron 
and  Peine,  and  the  pluinti  If  should  in  his  repli  - 
cation  say,  tliey  were  divorced  ueternl  years 
b^ure,  b'as  be  Dot  undone  all  his  pleailinirl' 
Here  then  is  our  case :  Mr.  Attorney -General 
admits  us  to  be  suable,  and  yet  chaives  us  to 
have  no  capacity  to  be  sued:  I  do  impiciul  you, 
but  you  have  no  right  to  be  implended  ;  here 
he  brings  us  into  court,  and  when  hc^  has 
hroughl  IIS  hiire,  he  quan-els  with  us  for  liring 
here.  He  makes  us  defendants,  and  then 
(jueslions  wbctber  we  ought  to  be  no;  and  so 
bis  gnmt  charge  against  lis  is,  that  we  are 
what  lie  would  have  us  to  be,  and  what  he 
hath  Diade  us  to  be ;  lor  if  a  monlh  bt^ore  the 
infnrniation,  the  corpunition  was  not,  but  the 
very  being  of  the  coqionitioD  was  usurped, 
bow  come  we  at  the  month's  end  to  be  de- 
fendants? Here  cumes  a  new  creation  inter- 
posed in  that  time,  and  makes  parties  siienUe 
in  riie  court,  when  by  the  charge  in  the  inlbr- 
mation  we  were  not  so  a  month  before. 

And  tlien,  my  lord,  the  information  is  not 
quite  so  bad,  but  the  replication  is  worse:  First, 
he  takes  issue,  that  we  never  were  a  corpora- 
tion, at  nil;  and  the  next  thing  is,  if  ever  you 
were  a  corporation,  you  have  ceased  so  to  be, 
because  you  hare  titrfeited  it  so,  and  so  several 
years  ago.  Tliis  Isjiut  then  to  nut  a  common 
case,  (and  1  confess  a  very  fiunjiiar  one  it  is) 
iflsliould  bring  an  action  against  a  man,  and 
when  be  hath  |>leaded,  I  should  by  way  of  re- 
plication set  lonb,  there  never  h  as  any  such 
man  as  the  defendant,  and  take  issue  upon  it; 
«r,  if  tbere  fnre,  thu  be  wu  ilead  ten  yeus 


ago :  And  yet  this  is  tite  sufastsnca 
turncy'siisue,  and  his  replication. 
My  lord,  the  autlinrilies  betiire  c 
mer.  Coke's  Entries,  Rullt,  u 
Haleii's  Comoion-plaix;  hook,  an 
I  Ikare  some  otlier  that  aerec  mw 
print  yet ;  and  that  is  tite  rase  u 
B^nst  Bradwell  nntl  others,  Trii 
kmg.  A  Quo  ^Varraata  hbs  brot 
them  for  usurping  to  be  a  cunnnvti 
paiiy  of  luiisii-iaiis  ;  It  bad  [tm 
tiling,  if  tlie  Uuu  Warrantn  had  hi 
against  that  corporation,  and  then  iti 
General  had  said  lliey  wtTe  no  i 
nor  ever  were  ;  then-  thi'y  did  llii 
tittestto  go  against  Ilradwi'll,  and  I 
that  by  name,  tuid  only  so.  not  i 
body  cor^rale.  So  in  that  caacul 
ration  of  Worcester,  nhich  was 
before  yoiu  lordship  in  this  court 
Quo  Warranto  was  \ma^X  aguai 
for  usurping  Is  be  all  aldermen  an 
council -men  ;  if  the  Att»mey-<j 
once  called  tlieni  eomiuou  couodl-i 
been  a  great  repugnancy  ioi  him  si 
say,  that  they  «'ere  none  :  or  if 
that  that  privilege  of  thelT's  wu  1 
ago.  So  in  the  case  of  the  Uu< 
against  the  Bermudas  company  iil 
a  corporation,  and  against  partica 
by  name  both.  I'hese  things  bat 
sidered,  and  doubtless  lliey  We  g 
onliiiary  way.  I  must  conies*, 
privy  to  tlial  particular  case  ;  but  b 
of  that  case,  which  I  hate  seen, 
infonned,  that  tlw  corpor«ion  nen 
fbr  they  said,  it  is  not  sense  for  ili 
for  it  being  a  questiim  by  what  war 
a  corpoiKUoD,  it  is  not  we,  suppnsii 
jmration,  that  do   usurp,    but   tiM 

Kvsuns  tlutt  do  usurp,  if  it  be  at 
ow,  my  lord,  if  that  had  been  a  l 
uo  doubt  but  there  would  hare  beei 
against  the  corpnratiou,  which  llie 
and  fertsiiily  tlie  replication  of  foil 
uot  good  against  the  corporatjoo,  I 
particular  persons  only- 
All  Air.  Solicilor's  autheritieli 
hold  true,  if  the  corporation  wouli 
pear:  And  wliat  is  tbe  reason  it 
brought  against  J.  S.  and  J.N.  i 
corporations  do  never  ap|>ear  in  sue 
r^^ard  it  were  not  congruous  they 
pear  ?  for  the  Quo  Wananw  must  i 
that  they  were  nut  a  (Mrporalioo  ii 
implying  a  forfeiture.  Thiai  say  I 
meni'  at  all  can  be  ^iven  upuo  lbs  d 
>  admittitnr  excejitio  ejusdem  icii  a 
'  dissolutio  ;'  aiuan  shall  nerarbal 
controvort  thai  to  be  in  bring,  whie 
self  desires  should  be  destroyed.  Ml 
allowed  it  to  be.  Shall  Mr.'Altsn^ 
ted  to  deny  the  suppusal  of  hisowa 
truly  I  think  1  niiclit  very  mcU  Imi 
nfthc  rase,  and  this  poiiit,  to  tkt 
General  himself-,  for  if  lie  will  bM 
to  be  aiKwered  by  w,  be  must  am 


i]    STATE  TRIALS,  S4  Charles  IT.  l€S2.'-and  ike  City  of  London.     [11S9 


corporation  cajmblc  of  answering ;  and  so 
LH*  reiumn  to  ex])ect,  that  a^inst  liis  own 
Ration  he  will  be  please<l  to  siipi>ort  tlic 
g  of  our  corporation,   and  so  dismiss  us 


ce. 


[y  lord,  I  have  dono  witli  tbis  point,  and 
'1  come  to  the  replication,  which  indeed 
kind  of'  a  new  Quo  Wairauto  ;  for  it  brinirs 
ew  matter,  and  therein  they  do  chary^  two 
Mtures ;  the  one  is,  by  reason  of  the  abuse 
le  marki't,  the  other  i<i,  by  reason  of  the 
:ion.  My  loni,  I  shall  answer  both  of  thein. 
t  we  were  seised  of  the  market,  that  is 
dfd,  and  that  is  agrrc^l :  Tliat  wc  were 
sd  of  tolls,  ihat  is  agret'd  too :  That  there 
custom  in  London  to  liavc  common  coun- 

and  that  this  was  by  common  council,  is 
ed:  all  this  is  agreed  by  the  demurrer: 
t  tnis  toll  (though  by  the  way  I  must 
ess,  and  will   agree  with   Mr.  Solicitor, 

it  is  not  pronerl}^  to  be  called  a  toll; 

a  toll  is  only  for  gtK>ds  sold ;  and 
1  they  are  8(»ld,  in  recf>mpence  for  the 
•r's  attemlance  for  the  testification  of  con- 
s,  and  the  entering  them  in  their 
n  ;  but  1  agree,  this  is  not  such  a  duty  tor 
s  bought  and  sold,  but  it)  is  for  the  aocoui- 
ition  of  persons  repairing  thereunto  for 

stalls;  and,  if  I  would  call  it  by  any 
nilar  word,  I  had  rather  call  it  stallage 
any  thing  else;  it  is  for  those  accoinmoda- 
,  which  we  have  been  at  vast  charge  in 
iring  and  providing,  and  ff>r  the  mainte- 
e  of  requisite  officers,  and  for  the  cleansing 
le  roark(*ts.  Now  Mr.  Solicitor  objects, 
■  we  cannot  prescribe  for  a  toll  uncertain, 
M  cites  the  case  of  Murage,  and  the  like ; 
ol  must  cfmfess,  where  Murage  isgrant- 
t  is  cominonlv  a  thing  uncertain ;  so  is 

K,  and  the  like ;  but  I  believe  (if  I  had 
,  that  it  would  have  been  a  point  insist- 
NMi)  1  could  have  brought  you  instances 
e  Mani^,  and  such  like  things,  have 
granted  in  general,  and  tliey  would  have 
ancient  ones  indeed :  And  there  is  a  ne- 
y  for  it  in  some  cases ;  for  when  a  town 
epair  its  walis,  the  charge  may  lie  great - 
less,  as  the  particular  accidents  mav  be, 
o  perhaps  a  certain  diitv  would  not  do  it. 
D  a  wall  is  to  lie  built,  tliere  the  duty  may 
rtun ;  but  when  it  is  built,  to  kii-p  it  in 
r»  the  duty  of  .Murage  may  be  uii(*c;rtain, 
vUiig  to  the  charge ;  and  if  tlie  C4ise  l>e  not 

•  win  cum«*  little  to  our  puqiose,  which  is 
V  upon  a  great  and  a  continuing  charge*. 
r  name  hiui  some  things  that  lie  must 
S  nnd  I  know  he  will  grant,  are  unccr- 
aapickagG  and  stallagis  uhieh  are  du- 
far  picking  in  my  earth  to  dig  holes  for 
iMlsof  ftalTs  to  be  nxi^d  ii :  Now  there  can 
'be,  nor  eier  was,  any  rin'iiinficribing  in 
'  ■atten ;  for  circamstaiic:es  in  every  of 

•  CMM  must  govern  it.  If  I  have  (k*- 
ftftrmy  stall  to  use  a  foot  of  gi-cmnd,  one 
if  iani  is  necessary  ;  if  ten  fiHit,  another 
K  it  ought  to  he  ef|ual  indcnl,  but  it  iron  Id 

•  W  gviody   if  U  wera  huuted  to  a  sum 

^l.  Till. 


certain;  and  in  all  grants  that  ever  wore  of 
pickage  and  stallage,  they  were  never  rcMliiced 
to  a  certainty ;  and  those  are  thing>i  too  that 
relate  to  a  market. 

And  so  1  take  it  to  be  for  key  age,  anchorage, 
and  the  like ,  for  when  there  are  posts  or  plai*es 
for  ships,  to  which  thev  'may  be  fixnl,  the 
owner  of  the  port,  may  nave  a  compensation 
for  that ;  but  that  must  needs  be  wicertaiii, 
according  to  the  circumstances  ;  if  a  ship  be 
bigger  or  leiiser,  if  a  ship  stay  a  month  or  a 
day,  it  is  not  fit  the  same  rate  should  he  [Niid ; 
nor  is  it  usually  granted  by  particular  words, 
Co.  Entr.  535  and  526,  Placit*  4,  the  king 
against  the  city  of  London  for  the  water- 
b^lage,  and  other  things.  They  pleaded  only 
a  right  in  general,  and  do  not  say  what  the 

Sarticulars  were ;  and  yet  one  of  the  things 
emaiidoil  in  the  Quo  Warranto,  was,  as  I 
said,  the  water-bailage  ;  which,  sure,  if  any 
thing  ought  to  be  certain,  that  ought.  In  that 
case  it  was  good  pleachug  ;  thou^i  i  think  I 
could  say  more  uguinst  it  than  this  thing,  that 
is  in  the  imture  of  stulluge ;  so  that  all  that 
Mr.  Solicitor  Lath  built  iijton  that  must,  I  think, 
needs  vanish. 

My  lord,  I  do  not  think  but  London  ought 
to  be,  and  is  as  much  under  the  obuiienoc  and 
correction  of  the  king,  as  any  city  ;  but  yet  I 
believe,  in  these  eases  of  their  eiistoms,  you 
will  give  that  allowance  and  indulgence  to  it, 
that  all  your  prcHlecessors  have  done,  which  ia 
greater  than  they  have  gi%cn  to  any  other  cor- 
porations in  the  kingdom,  and  that  liecaiise  it 
was  London.  That  there  should  be  such  a 
thing  as  a  foreign  attachment,  I  think,  is 
hardly  allowed  in  other  plures  ;  I  am  sure,  I 
have  know  n  it  denie«l  in  Kome.  that  a  contract 
in  writin&r  should  be  equiil  to  a  IxKtk-debt ;  that 
ateme  merchant  shoulil  sue  or  bt^  sued  withuut 
her  husband ;  or  if  he  In*  named,  he  should 
only  be  nanieil  for  conformity.  Ytm  take 
notice,  that  tendon  is  a  |iort  tuun,  and  that 
men  that  trade  there,  sometimes  ^i^o  lievond 
seas,  and  in  their  absence  their  wives  tnule  by 
themselves,  and  perhaps  carry  on  distind  trades 
while  they  are  here  ;  and  so  they  may  do  in 
other  places,  may  lie ;  hut  only  for  the  sake  of 
London  do  urn  take  notice  of  these  things 
there,  and  not  elsi'wliere.  Their  penalties, 
that  are  surd  for  in  their  courts,  a  great  many 
of  them  are  such  as  woui<l  not  lie  wvW  main- 
tained in  other  Courts,  or  in  any  other  place  ; 
and  yet  they  are  nuiiutain<Hl  there,  as  namely, 
that  their  penalties  should  be  su<hI  for  licforc^ 
the  mayor  and  aldenncn,  when  the  benefit  of 
them  goes  to  their  use ;  and  yet  that  is  allowed 
in  the  eighth  lleport,  iiotHillistaiiding  the  grand 


l/jndon  may  prescTiUr  to  have  aC<mrt  of  Chan- 
cery in  Lomlon,  of  matters  tricfl  in  the  Sheriffs 
Court,  though  such  a  Court  cannot  b(>  granted 
by  the  king's  letters  patents  ;  hut  the  iiinyor 
and  citizens  of  York  c^annot  preseriln*  tor  siu-li 
a  Court,  because  it  M-ero  ver^  dw\^i^^^^^*>  ^^^^^ 
4.C 


their  jurindiction,  and  it  is  no  escape.  And  so 
is  Plow'den's  Cora.  36.  A  citizen  of  London 
m»v  set  up  ope  retale  trade,  tboiigli  he  was 
lircfl  to  another,  notuitlistaiidins^ot'thc  statute 
5'' of  the  queen.  Ami  for  a  gekitral  rule  Uike 
that  that  is  sai'l  in  Pulmer  512.  Those  of 
London  Ilia  y  proscriho  nirainst  a  statute;  ami 
the  rectum  Uy  becausic  Oioir  libcrtits  are  eon- 
finmtl  b\  statute,  uml  other  towns  are  not.  In 
Rolls  Uqi.  1,  |).  105.  tSprikc  against  Tenant, 
my  lord  d»kc  bcin^  then  chief  justice,  says, 
we  take  notice  of  the  customs  in  our  Court% 
ajid  other  Courts  in  Westminster- 11  all,  and  in 
Lomloii.  Fleetwood,  Heconler  of  London,  ssys 
•a  very  stnin:*'^'  thinjj  in  1  Leon'  284.  Hollinsf- 
sheu(i*!)  an.l  Kiii^'^  Case,  and  in  4  I<r«m'  UV2, 
tliat  the  Ktn;f's  Courts  ou^rht  ti>  iukv  iM»tice, 
that  those  of  London  have  a  C'ourt  of  Record ; 
tor  if  a  Uuo  Warranto  issues  to  the  justices  in 
Eyre,  it  does  not  U>k)ng  to  iheiu  of  l^omlon  to 
claim  their  liberties  for  all  tiu*  kinp:*s  Courrs 
have  notice  of  them.  And  truly  1  have  bt  en 
inftNTmtl,  I  mean  by  copies  ol  reconiK,  that 
when  the  justices  in  Jtiyre  came  to  the  Tower, 
this  was  a  privik^  ulbwi.il  to  tliem,  the}  were 
not  bound  to  set  forth  thi  ir  libcrtich-,  as  otlien 
were. 

My  lord,  J  think  this,  as  it  is  idcaiK-d,  is  a 
duty  rerv  justiHahle,  and  wry  wtll  payabie,  by 
virtue  ot"^  this  custom,  i  do  aifree,  as*^  I  said,  a 
toll  is  pniperly  for  j^roods  sold,  and  this  is  a 
custom  lor  the  arconunodation  of  those  that 
broi:;^-lit  coods  to  be  soKI  ;  and  it  is  like  that 
1  Leonard  2113,  mv  hnrtl  Cobiiam's  c*ase,  a  duty 
paid  for  the  Ktan((in<r  in  tlic  cellar  ;  and  there 
that  is  held  to  litf  ^ind.  In  KoUs  tj  p.  of  the 
Abriilgrim'iit,   1'2P..  lA^Jt^r  B.  Hickman's 


I 

«lia 


corporation  of  Litchfield  hath 
th'^y  ought  to  repair  tlie  way  t 
point  a  l^l-man  that  should  sw 
place;  and  that  for  this  the 
time  out  of  mind,  had  takei 
broui;'ht  corn  to  the  said  marl 
thi*ir  sucks  to  sell,  a  pint  oi 
bushel  or  under ;  if  more,  a  41 
it  were  opened  and  not  soldy 
have  that  duty,  and  that  pres< 
judged  to  them  by  all  the  jud| 
does  u«>t  appear  there,  whethi 
that  way  C(»5t  them  5s.  or  5,0 
int<'ndmcnt  they  would  not  ai 
sfNiablc,  though  it  might  have 
was  very  unequal ;  if  they  co 
for  that  which  was  under  a  1 
they  would  take,  by  that  meat 
the  party  bought ;  hutif  there  1 
they  had  but  a  quart,  and  Ihis 
to  the  inequality  of  H ;  and  yel 
over  tliat  by  a  reasonable  ii 
wouki  not  oeny  the  iirescrijrtj 
And  the  case  of  cranage  m 
case  of  t21  H.  7,  16,  are  admi 
law,  where  the  towD  of  Gkmc 
ibr  a  toll  of  boats  paning  by  tl 
town. 

NoWy  my  lenii  for  •■»»  ' 
great  reason  to  mduoe  it,  the  ( 
uiat  were  made  in  Londeo  by 
was  not  the  first  time  that  Loi 
and  if  thero  should  be  war,  an 
ations  aod  ooofusions,  there  w 
that  the  city,  that  lava  owt  | 
must  be  al  a«ch  a  pHMic  chaq 
losers  by  it. 


STAT£  TRIALS,  34  Charles  IT.  l6S2.— ontf  tks  CUy  of  London,    [i  I2fi 


■otallei1|;ied  in  the  pleadingr  indeed,  but 
he  iiDpfaed,  because  ire  pay  tlie  taxes, 
y  that  hare  the  steadings  are  not  liable 
the  taxes :  and  so  is  Qie  judgment  in 
i  p.  238,  and  the  seoond  Abr.  989.  And 
aae  ol'Cusack  justice  Doddtrridge  suvs, 
I  redeeming  of  one  fair  tirom  the  abbot 
Uninsler  cost  the  city  of  London  B,OOU/. 
Md  a  iair  at  Westminster,  and  a  market 
lays,  and  that  during  that  time  no  nks 
be  in  London,  or  tb«;  places  adjacent ; 
nreat  rate  it  was,  if  it  were  so.    The 
e  of  a  toll  is  according  to  my  lord 
I  Inst.  58,  when  tlie  thing  demanded 
Bs  or  merchandises  does  so  burden  the 
iity,  tliat  the  merclumt  cannot  have  a 
ent  gain  by  trading  therewith;   and 
trade  is  lost  or  hindered,  then  it  is  an 
.    But  here  indeed  tlie  market-|ioople 
er  accommodated  than  ever  they  wet  e ; 
le  is  so  tar  from  being  discouraged,  as 
is  increased,  as  is  implied  in  the  rcpli- 
for  itis  said  we  receive  5,000/.  a  year, 
f  it  w:ere  so  unequal,  would  not  cer- 
e  paid,  nor  could  be,  if  there  were  not 
adc  there.  So  that  tlie  increase  of  trade 
bing  com{>laineiI  of  in  this  Qjkw  War- 
Aiid  the  truth  of  it  is,  I  luive  examined 
kcd  into  the  feet  of  these  things,  and 
nothing  in  this  by-law,  but  what  was 
inciently  paid,  except  only  in  one  in- 
whether  it  were  6a.  or  no,  that  was 
len  a  cart  was  dra^in  by  two  horses, 
4>w  is  but  4</.  and  if  we  liave  increased 
which  1  doubt  whether  it  be  so  or  no, 
r  in  a  very  trifle. 

my  lord,  this  case,  I  think,  is  a  stronger 
ui  *that  in  5  Rep.  the  chamberlain  of 
s  case;  there  is  no  consi<leration  of 
'  cieansing  the  place,  but  only  they  hail 
T  to  searcli  ana  view,  and  tnat  was  a 
ointment  of  their  own  ;  they  could  not 
e  for  it,  but  it  wasthouglit  a  penny  was 
able  recompence,  and  the  snqcxt  had  a 
>y  it ;  and  if  he  would  bring  his  i-1oth 
on  to  be  Kold,  he  should  come  thjtlier 
it    Yiewed,  and  give  a  recompence 

jondonia  all  market  indeed,  erery  sliop 
ket ;  and  it  batli  been  Mcllsaid  ofthe 
lereral  times  in  Westminnter-hall,  that 
is  tlie  market  of  all  J'lngland ;  and 
never  an  acre  in  England,  hut  is  the 
rthaU 

the  imposition  upon  coal^t,  that  is  but  an 
Kvt ;  and  an  imlucement  is  never  to 
I  ajMrn  ;  it  is  not  to  be  stood  u|K)n  ;  and 
kator  did  very  honourably  dechne  it, 
Dot  make  any  thing  of  it,  nor  trouble 
with  it. 

I  the  city  did  make  this  act  of  common 
they  di(l  consult  with  their  counsel  for 
fbw,  and  with  their  otKcers  and  ft'llow 
fcr  natter  of  fact,  aiul  diti  adjiiKt  these 
lAaoaoteil  them  to  be  paid,  they  lieing 
bkoDSi,  and  according  to  the  ancient 
lot  if  they  wepemiiitaluii,  it  will  be  no 


cause  for  you  to' give  judgment  against  them, 
tor  mnav  other  reasons :  as  lirKt,  you  cannot 
judgcr  this  t«i  be  unreasonable,     i  have  uot  heard 
one  word  said,  that  this  is  an  unreasonable  op- 
prciKive  toll.     Here  is  moue\'  le\ied;    what 
then .'  ii'  it  be  a  reascivildc  sum,  it  Ls  not  so 
great ;  it  does  not  deserve  tlie  name  of  op* 
ptression.      I  say,  it  is  not  ho  great  an  oppres- 
sion, if  they  sliou&d  have  been  mistaken  in  th« 
fiNTffi  of  iustitutinf^  the  levying  of  it ;   if  they 
might  ha>e  done  it  under  tucir  couuuon  scal^ 
and  now  they  have  done  it  without  tliat  by  act 
of  common  oounci.    Nay  it  does  not  desema 
tliat  you  should  judge  it  unreasonable ;  yoa 
cannot  do  it  here,  tor  the  considerations  ar» 
meritorious,  and  equi^'alent  to  it  the  great  ciiam 
they  were  at  in  huilding,  and  tliey  stall  daily 
are  at  in  cleansing  and  repairing,  and  providing 
stalls.     B ut  however,  tlie  case  is  not  so  disclosed 
here,  that  yoa  can  judicially  determine  this  ta 
be  an  unreasonable  toll ;  according  to  the  nil* 
in  Coke's  Bfagna  Charta  S92.  the  mil  ^  % 
markK  need  not  be  certain,  only  it  must  be  rea« 
soaabie  ;   and  what  shall  be  tleemed  reasonaUa 
the  judges  must  iltrtcrmine,  if  it  come  judicially 
before   them.    6o  shall   reasonable  customs, 
and  reasonalde  fines,  and  reasonable  ser^'icos, 
and  reasonable  time  to  remove  goods,  and  the 
like,  they  must  be  judged  by  the;  discrctiou  of 
the  justices  upon  the  true  state  of  the  casa 
before  them.    Now  t^s  case  nuist  have  all  its 
cifcomatances  stated  and  ag^reed  by  demurrer, 
or  found  by  verdict.  And  so  is  4  liep.  27.  b.  and 
Hol]|prt  135.  and  174.  as  in  the  case  of  copy- 
itolders  tines,  tlie  quality  and  yeariy  value  ol' 
the  land  must  appear,  or  else  there  cannot  be 
judgment  whether  it  be  reasonable  or  no.     In 
the  13th  Report,  fol.  3.  and  Croke  (^ar.  196. 
Where  the  question  was,  whether  the  lord  of  a 
manor    might  assnn  two  years  and  on  half 
value  of  cop\  hold  landn,  accontiug  to  tiie  rack 
rents  for  a  tine  upon  surrender  and  admittance, 
and  upon  nonpaymcait  to  enter  for  the  ibrfeitiire ; 
as  suppose  land,  it  be  rented  at  30/.  a  y^'ar,  here 
is  50/.   dcmaude<l    for   admittance ;    there  it 
appeared  judicially  that  it  was  unreasonable  ; 
and  so  it  was  adjudged,  because  the  value waa 
certain.    But  who  can  here  say,  whether  th« 
providing  of  markets  costs  5f.  or  500/.  ?  It  is 
not  estimable.     Perha])8  we  have  o\  er  bong^ 
all  these  tolls  tlmi  they  call  unreasonable;  wa 
aver  it  to  be  reasonable,  the  demurrer  agrees 
it  to  be  so,  and    you  must  intend  it  to  bs 
NO,  unless  the  contrary'  Ut  set  forth  dearly 
in  its  circumstances  ;  for  he  tliat  will  have  a 
ibrteiture,   must    sliew  the  circumstances  ts 
make  it  out. 

My  kird,  another  thing  is  this,  to  answer 
Mr.  Solintor  in  that  point  :  I  say,  an  unreason* 
able  by-law  is  no  unrviasonable  cause  or  colour 
for  foireiting  a  coqioration,  ailmitting  it  to  bs 
unreasonabh*,  though  I  grant  it  not.  My  lord 
HobaK  in  Norris  and  Htap's  ca^e,  Iiol».  211. 
says,  that  tliough  |N)wcr  to  make  laws  is  given 
by  siiecial  clauses  in  all  incorpoi-atiuns,  yet  it  is 
needless ;  for  that  is  inc1ude<i  oy  law  in  tlie  very 
act  of  incorporating.    For  as  reaKon  is  givss 


1127]  STATE  TRIALS,  34CHAKLEsn.  \6tZ.—Pr6ctfd!iig»h€ttBtenlhEJiaf[m 


for  th«  nnlural  bi>dy  for  the  ^nvcrobg  of  it,  so 
bodiiw  coi'|>orate  iiiiisl  have  ln»fl  an  a  politic 
Nuon  tu ^vtni lh<nn.  Reu«VH  isa  faculty  in 
them  aa  it  IS  inn  niiUi.  still  luajr  err;  aiullhere- 
fitM)  Mys  he,  if  the  king  do  gnuit  kllers  natents 
of  iDoorporalian  tu  persons,  and  he  iloth  thereby 
nnkp  imliiianL'cs  anil  hv-lairs  himself,  th<^  are 
mtg(«t  totbeiramepoDstnictionanil  ruleol law 
a>if  tlicy  were  mnile  afti-rwards  by  the  corpo- 
ntion.  For  the  king  can  uo  more  make  an 
lumuMinliie  by-law  ihui  a  cnrpor^itinn  :  but 
irilHik!ni>  Jn,  shall  that  aflect  llic  iMr[>uruliuii, 
uifl  tnHke  the  corporation  void  by  wiiy  irf  re- 
pugnuiry,  nr  nii  instnulaneous  brcnch  ut'ccindi- 
linn  ;  Nu.  it  sbull  nol.  And  therctKni  aa  they 
nwvrKS'ifc  uiireasotmble  nileii  from  ihi-  kinp, 
witnoiit  d'featinf  of  tlie  onrporuiiui,  or  huiin^ 
tbrir  \nani;  thereby  lai-ateil ;  wi  ihey  may 
inake  unroaiionable  by  lawa  without  tbH  same 
dnager  nl'  d<atro}ftkg  the  corporDtion.  The 
cases  are  lery  iiianr,  wheitan  by-laws  have 
beeDJudgeil  unrvaKonahie ;  the  Irnlb  of  it  ic, 
tbcTA  is  a  jcriiit  miKibrliine  in  the  penning  Bnd 
makin);  ot  Ihi.sp by-laws  ;  by  »ome  means  or 
n&TT  ifaere  is  something  Hiscenieil  that  still 
praresiui exception  toil,  as  we  see  id  thi'  Caw 
of  Ibe  Carmen  and  M'^oodmonger^:  their  by-law 
Wts made  uud  re-msde,  and  correetcd  again  and 
affBtn,  befnre  it  could  Iw  made  to  hold  water  in 
t&iBCi)an.  Siiia  theTaylim  'if  Ipswich's  ca«e, 
the  Itradnn^'D  case,  whieh  was  heie  lately. 
All  these  have  been  ndjudp^d  void  ;  but  what 
th«n  r  In  all  ihrae  caies  It  was  never  sud, 
hrrehy  your  corporation  is  destroyed,  you  have 
raretl  in  muking'  it  by-biw,  nnd  iherelhrc  you 
ha«  lostyiiur  lieing  nt'a  cor^ration.  Besides 
if  there  were  hut  a  colour  tor  it,  and  il 
ibinjf  tolt'ral)le,  surely  that  were  euouj[li  to 
make  us  exrusabk  in  such  a  matter.  If  it  has 
been  rcceired,  as  ve  n^rrei;  it  has,  the  olficeis 
■re  tresimssers,  every  individual  of  theiii  are 
BOesble,  and  'any  man  may  bring  his  action 
gainstthcm.  But Ihevlhatcome to Ihe market, 
thitik  not  fit  to  complain  -,  if  ihry  did  not  like 
tile  market,  thrv  wnulil  not  come  at  all  ;  and 
if  they  dirlnotlib^  the  payment,  they  would  not 
tmnie  nralber;  and  (here  is  uo  levying  of  any 
thing' nnlcsB  they  dn  come. 

Now,  my  lord,  I  will  ulmit  the  Wi'ina; 
«nd  tlie  reeriviii^r,  anil  yet  1  ssy  this  is 
no  fbrieiture  ;  tor  here  is  a  misUike  of  law, 
or  a  mistake  of  fact,  by  colour  whereof 
■noney  is  received  ;  this  "by  no  mi 
i*otk  s  furfeiliire  of  a  cor|ionition  , 
that  rale,  etrry  iiMjalty  that  has  been  levied  by 
»  bj-bw  will  be  adjudijed  a  levying;  of  money 
witboot  taw,  and  t^i  forfeit  the  corponlion  ; 
-which  liBK  notbei^  done  in  other  cases  of  hy- 
lawi,  and  those  much  ivurae  than  this  ;  because 
most  of  tlio!ie  by-lann  were  mode  liir  levying 
iiumcy  u|M>n  men  lor  exerrising  a  tmde ;  and  i1 
isnmch  more  to  siiy  that  yuu  should  levy  such 
Mmsol' money  upon  every  atrokeoflioiiest  in- 
diuAiy,  whenliy  a  man  gels  his  livelihood,  thao 
that  you  blinll  ;kiy  so  murli  fur  ynur  accommo- 
dation in  my  ifmiind  for  llie  better  vending 
your  goodg.  This  hath  been  held  ffHxi  iu  some 


eases,  but  m  others  it  hath  been  fadd  a  _  _ 
and  liiMhath  been  all  received  aadlevfl]li|| 
of  tbe  city  too,  and  so  it  i*  a  Irvyii^ tfai 
,  whereby  they   have  a  gtieal  adnaw 
\  il  is  H4ir>e  still,   because  it  is  impnillf  f 
I'orec,  mid  rtwtvernl  by  force :  bat  hire  ii  • 
avolunl«rv  jienalty,  uo  force,  no  comfBla^    i 
nnly  their  Wing  removed  from  their  •UubA    > 
utlierpeniilly,niiiDiiirisouineui,urlhc&j    i 
L  if  you  donot  Kke  the  coodmoiu.  rnof    i 
goiie:  I  desire youtiivnJk  nniiiI'muDai    ' 
kel,  il'voudoo'tlikc  Iheprioeofllif  prwisKB    i 
ind  tobe  ffonefrum  thc&talt.it  youihn'iUi    , 
he  priceef  the  standing.     We  v vrr  nul  hsati   . 
loiiroriilethsaesulUlbr  you,  W  h*<iti(tMi    , 
vidnt  them,  if  you  don't  like  Iheiii.  }<>UHf 
leste  them  ;  in  nllicr  cms,  Ibc  miu  a  atft'    • 
suned.  and  Eiial  by  action  I'ur  tb*  p<nll}| 
lierK  M  any  liiue,  if  you  do  not  Uke,  yen  taf 

my  lord,  I  un  vnry   contidrni,  if  tlw  tolj 
ihat  all  munia  levied  by  a  corponuiop  rt' 
law  are  fnrtViture!i,  or  where  the  U*  V 
taken ;  then  I  lUi-e  huklly  affirm,  that  «< 
wtirc  a  corporation  two  monlhs  a       ' 
was  Loi^don ;  but  by  virtue  nf  wiui 
hy-law  or  other,  that  has  been  n 


levt«d,  which  |kt1i>i|»  will 
alliiiicil  ijood  '  '-"•' 

had  been forieiliUTa,  wcIimI  I 
CQiiditioii,  not  une  uiuntb  ur  t 
over  ns,  but  we  hail  (hrlinted  it . 
ihe^e  bs  perhajn  a  month  to  the  «ad 
Horld,  but  we  sliauld  still  be  furiVitn);. 
what  i«  sud  of  us,  may  be  said  of  any 
corporation  that  happens  to  make  1^' 
And  I  am  «uro  in  former  times  ibeie  ■"< 
iiies  kvied  wiih  a  n  ituess,  1  nieuii  ihH  ik 
liiiius  orrt^ellinn  only,  but  an  humbHl  jt^ 
ngn,  ilrnngfe  exnriiitauces  of  Ibul  naum  ■• 
cunimitted  by  London  and  nlbi^r  corpmlxMi 
then  they  went  by  way  of  inroroiMico,  |* 
nevFT  was  it  ihoi^^t  that  it  cuuid  >A<l  > 
being  of  a  corporation :  if  it  should  di>  •><  I* 
not  know  whether  it  will  go  nl  but.  nj 
greater  or  the  leaer  sum  is  out  ibuitlmn 
dilf<;rencethGluw.  Is  itaforfeiuirelow"' 
5,000/.  ?  *Vhy  il  is  not  a  forleiturr  In  wa 
bOQl. f  Why  not  to  receive  j». f  ^ ht*l 
receive  5rf.  ?  No  bounds  can  be  ^  for  tbft* 
be  a  trans^resHinn  of  the  law  ;  ben  i>  >  * . 
and  a  wrung-  dune  by  your  by-law,  lWj« 
have  ktieddif.  and  therefore  all  ilii»g'"''" 
heritam'euf  Ljmdon,  this  that  istlw  p* 
inheritance  of  thin  kingdom,  is  tiirloM  )* 
0  trifle,  Hpou   throe  halfpence,  ur  absi** 

Nay,  my  lord,  to  go  further,  I  >ay.  ■ -jij 
a  forfeiture,  1  say  it  is  only  •  forioUW*'' 
market ;  nay.  mit  so  mudi  neitlief.  "•  "H 
a  forfeiture  bflhe  toll':  my  l.int,  louuril* 
once  more  mention  that  cxcelkni  imiiwuf"^ 
lord  Hobart.  that  the  power  of  nwlfinit  ^J-^ 


•I  included  in  llie  act  of  the  eorpi-™''*' ' 


covem  it,  so  a  politic  body  mu«hi«''' 
Its  reason  lo  goreni  it.    Now  tba  ibr  a* 


STATE  TRIALS,  34  Charles  II.  1682.— imrf  the  CHy  of  L&ndon.    [i  130 

so  far  from  bein^  imagined,  that  this  should  be 
a  fbrteiture,  (and  yet  the  case  is  the  same,  let 
any  man  distinguish  it  that  can)  that  it  was  a 
question  whetlier  the  market  watf  forfeited,  or 
no,  as  you  may  see  in  that  book,  fol.  8?.  And 
there  it  is  said  by  Doddcridge,  and  at  last  it  was 
a^p*eed  by  all  the  court,  that  it  should  be  a  for- 
feiture only  of  the  toll,  and  not  of  the  market. 
And  I  desire  that  that  folio  mav  be  noted  bv 
your  lordship,  and  that  you  will  please  to  loot 
mto  what  is  said  in  that  case ;  for  it  is  debated 
before,  and  it  seemed  as  if  they  would  have 
forfeited  the  market  by  it,  but  not  the  corpo- 
ration :  and  yet  that  was  not  forfeited  neither. 
And  to  this  I  will  apply  that  rule  that  Mr.  So- 
licitor himself  did  mention,  *■  Puniatur  in  eo 
quo  peccat.'  You  ha?e  offended  in  the  toll, 
tnercfore  you  shall  suffer  in  the  toll,  not  in  the 
market,  to  be  sure  not  in  the  corporation.  For 
if  it  were  that,  it  should  affect  the  market,  it 
would  be  because  it  hath  some  relation  to  a 
market  as  a  toll  hath  ;  but  how  can  this  pos- 
sibly affect  or  touch  the  corporation  ?  The  sta- 
tute indeed  goes  thus  far,  and  says,  whosoever 
shall  take  outrageous  toll,  shall  forfeit  the 
market ;  but  then  shall  we  come  and  ad<t,  who- 
ever shall  take  outrageous  toll,  shall  forfeit  his 
capacity  of  holding  a  market,  or  any  thing 
else  ?  £)o  they  complain  of  us  for  taking  the 
legislative  power  upon  us,  and  therefore  we 
shall  forfeit  our  coiporation,  when  the  statute 
itself  has  appointed  the  punishment,  and  says 
only,  the  market  shall  be  forfeited,  and  so  make 
a  new  law  themselves  ?  Statutes  are  supposed 
to  be  (lODal  enough  of  themselves,  and  all  |>eual 
statutes  arc  to  l)e  taken  equitably  as  to  tlie  pe- 
nalty, and  not  stretched  beyond  the  letter.  And 
wherever  a  statute  inflicts  a  '  penalty,  and 
says  you  shall  forfeit  so  murh,  as  my  lord 
ilobart  says,  the  coniiuou  law  shuts  up  the 
negative,  that  you  shall  forfeit  no  more.  How 
tlicu  is  it  passible  we  sliouUl  forfeit  that,  which 
if  it  were  forfeitable  at  all,  is  not  withiu  the 
provision  of  this  law  ? 

It  is  true,  as  Mr.  Solicitor  hath  said  in  the 
book  of  afwises  that  he  cited  in  Vet.  Nat.  Brev* 
1(31.  it  is  said  you  shall  forfeit  in  the  case  of  a 
misuser  (where  the  liberties  are  not  dependinc; 
one  upon  another)  only  the  liberty  that  is 
abiiseil ;  hut  how  that  can  be  applied  for  him  I 
understaiNl  not,  for  nothing  can  he  more  flat  and 
pUiiii  against  him :  if  ko  be  we  should  for- 
feit our  toll  or  our  market,  be  it  so  ;  iiny ,  if  we 
should  forfeit  our  liU'rty  of  having  a  <*rommoa 
council,  what  then  ?  How  is  it  possible  to  bring' 
it  up  to  a  forfeiture  of  the  corfioration  ?  You 
shall  forfeit  a  court  of  pypowders,  if  you  for- 
feit your  market,  because  it  is  incident  to  it^ 
antl  dependant  upon  it,  and  subject  to  what 
dangers  the  market  itself  is  subject  to  :  btit  the 
being  of  a  corporation,  nothing  can  transcend 
that.  To  be  sure  what  is  incident  to  it,  can-< 
not  transcend  it ;  it  is  but  a  subject  to  that 
which  is  superior. 

For  example  sake,  my  lord,  I  will  cite  yoo  a 
case,  which  is  the  case  of  the  city  of  Londoa 
too  about  tlie  measurage  of  ooali.    It  is 


laws  is  but  the  exercise  of  that  reason 
ig  the  mind  of  the  corporation,  for  the 
n  of  the  officers  of  it,  what  to  do,  and 
'  take  ;  and  it  is  but  like  the  mind  (»f  a 
It  directs  his  hand  what  to  do.  For  this  is 
!  the  duty  of  stallage,  that  relates  to  the 
and  relates  also  to  something  that  be- 
y  had  no  interest  in  ;  but  only  relates 
dministration  of  a  private  property,  and 
the  manner  of*  that  aflministration. 
re  lords  of  the  market,  and  that  is  casual 
I,  it  is  not  necessary  for  them  so  to  be. 
corporation  bid  tiieir  officers  levy  so 
noney ;  suppose  they  bid  them  take 
oil  than  is  due,  or  h^vv  more  money 
t  than  is  due  for  the  land,  why  this 
le  looked  upon  as  a  great  breach  of  tnist 
Toadiment :  they  should  have  had  but 
I  they  took  7(i.  and  this  done  by  act  of 
n  council,  which  is  their  way  of  ex- 
ir  their  mind  ;  yet  suiely  it  would  be  no 
re,  because  the  land  is  their  own,  and 
linistration  of  it  belongs  to  thembniy  in 
'  interest  and  property .  Suppose  a  gen- 
luis  a  market,  and  11  is  reason,  which  is 
-law  as  my  lord  Hobart  savs,  puts  him 
king  of  toll ;  but  he  iloes  a  nttlc  mistake 
or  the  custom,  he  bids  his  servant  take 
h,  which  perhaps  may  be  too  much  for 
DCS  this  Jestroy  his  capacity  of  suing 
Dg  sued  ?  You  may  as  w  ell  say  such  a 
Iv  person  shall  not  plead,  or  be  impleaded 
so  and  so.  Nay,  this  if  he  were  a  denizen, 
t  forfeit  liis  denization,  and  yet  a  deni- 
s  fierfectlv  a  creature  of  the  king^'s  as  a 
lion  is.  It  is  Hasilicon  Doron,  it  is  the 
and  kindness  of  the  kin^  to  one  bom  out 
lominioiis,  to  give  him  the  caimcity  of  a 
,  to  sue  and  be  sued,  an<l  the  like,  which 
beforfeite<l,  even  for  breach  of  conditions 
etters  patents  of  denizal  ion .  For  this  is 
Versellin  Manning's  case ;  if  he  does 
erve  the  laws  of  the  laud,  it  is  tnie,  he 
i  punished  for  it,  but  he  shall  not  be  un- 
led. 

brd,  there  is  a  statute,  which  I  think  is 
plain  declaration  of  the  law  in  this  ease, 
sthestat.  of  West.  1.  cap.  31.  Some 
he  30th,  because  lliey  difler  in  the  nu- 
ng  and  heading  of  the  chapters.  It  is 
lute  concerning  those  that  take  outrage- 
's in  market  towns.  Thn  statute  says, 
oy  prendra  la  franchise  del*  March  in  sa 
•*  The  king  shall  seize  the  franchise 
I  own  hands.  >ly  l(»rd  Coke  in  his 
nn  upon  that  statute  says,  he  shall  seize 
oehise  of  the  far  market,  till  it  be  re- 
i  by  the  owner,  that  is  all.  But  this 
Mied,  says  he,  upon  an  office  to  be  found ; 
■tetntes  all  incidents  shall  be  supplied  by 
Ucot 

^  in  the  Quo  Warranto  that  was  brought 
t  the  corporation  of  iMaidenhead  in 
^'s  Reports,  thi^re  is  this  very  case, 
corporation  took  an  outrageous  toll, 
^  toll,  or  that  that  was  not  justi- 
■v  going  over  their  bridge.    Yet  it  was 


K.. 


U31]  STATE  TRIALS.  SlCiiABLRsli.  m^.-^Protf'iiifigtbelwttnl/itiat 


Juliis  Ceur'q  cue,  1  Leon'  106.  And  I  cliuae 
Id  (il<-'  dial  bw>k  1  fur  Ihoueli  it  did  not  cMiii; 
cut  with  jour  lunJkltip'H  aulTiority,  yel  my  late 
lurd  cluuwUor  aare  lliis  jo«t  accmjnl  of  it, 
Uut  it  WW  0110  of  tliP  best  ot'  cjir  taltr  repotu. 
8jr  JuJiiu  C«Nii'  libelled  io  ike  admiralty  agaiost 
ibe  offirnr  of  (lie  city  fur  laeaeurtD^  coals  upon 
tlieTlwiiie*.  Fleetwood  came  to  the  bar,  and 
prayud  a  |troluliiiiun,  and  Edcef  ton  the  solicitor 
no  ttiF  other  Hide  oomplained,  that  ibeomyur 
of  Londuu  clid  take  a  tine  lor  this  nieasiini^, 
and  made  an  offitw  of  it;  and  this  Ik  imii- 
cf ired  WHS  ejitortioa  (trhicli  is  (he  tliinz  ooBi' 
plaiaed  of  hci-e  m  RO  tnooy  word* ;)  and  beiu^ 
iiiionlhel'haines,  iboulilbe  iKUiidicd  in  tlie 
Auuiirally.  An  titthatl^  jiiilges  replied,  by 
no  DKaoa,  and  Wrey  aitd  Gawdey  said,  if  i(  be 
e^tortiau  in  the  mayor,  there  is  du  mneity  for 
itin  Ihi?  vooK  of  Adminilly,  bill  ID  flic  Iciiiji;'* 
courta :  And  it  sluUl  be  redrcnted  here  iii  a 
Quo  WarraDlo,  mvb  (jaudi'y.  It  is  true,  a 
Quu  Warrauto  mifibl  m<U  liMve  beeq  broogbt 
for  redrctKio^  that  ckttvuoa  ;  but  il  could  not 
mean  tJitrtJi},  lli«i  tiie  (Mirpgr-Uion  slioiild  be 
diswived :  And  that  it  wu  no  underRnod,  ia 
most  plain  ;  for  accurdio^y  a  Quo  Warrante 
is  brought.  You  have  it  in  C^okc'n  Euti-iea  toL 
ii33  and  330.  |ilacit' 4.  Ami  tli«  c'ily  uf  Ljmi- 
don  appeared  and  pleaded,  and  iirescnbed  Io  it ; 
and  tbnvn|)ou  theattoniey  gtnieral  that  then 
WB«,  (uy  lordCidie  bmwelf,  was  HliHtied,  and 
conleesed  (heir  title,  and  indement  vas  given 
fiN'Ihein  ;  and  tance  it  liatn  been  held  gooA 
SDil  they  have  cqjoyedil  in  peace  ;  nnd  tlus  I 
hope  isaj^ud  exaiajde  fur  Mi. Attorney  to  lul- 
luw  iij  tliiK  case, 


My  ior 


willingly 


that  part  which  I 
i^^ii  that  uf  ilie  ]>e- 
M'  Io  eav  in  it,  is 

I  ii:ii  Ibis  Petition  is 
1   1  liiipe  it  ia  very 

iin  ihe  kin^  in  our 
us  is  plain  from 
wbai  my  lord  Hobari  aiyt,  lid.  930.  He  says 
il  was  rcndved  by  theciHitt  iti  Renhaiu's  ca*e, 
tluit  iJ  Has  lawful  fur  any  sobjeil  to  petition  to 
tbe  Iciii^  for  a  redrcKs,  in  an  Jiuoible  vtd  modest 
numter :  Fur,  an  il  is  there  said,  ar.ceBS  to  the 
BO>'erei|rii  must  not  be  shut  u^i  in  taac  of  the 
■objects  ilislreseeK,  Nuvt  llie  common  council 
nut  kss  jirit'ileeed  tlian  uny  utber  surf',  but 
'-  tbekind  ofaddresiing- and  pcli- 


Tliai 


tiuuiiia ;  1  cannot  tdl  whal  otDie  tc 
this,  ibere  is  so  much  atledgrd  a^^unsl  u, 


Bi  if  iht'j  would  abet  t|je|^Ut  of  their   , 

ralhi'i  ihnn  itdrocate  for  Iheir  imiocciicy-' 

My  lard,  if  ilie  words  ihcroselres'lhat  are 
•Hedged  are  not  words  tiiU  itrc  iiiiLawfid  to  be 
delivers]  or^^|>'ikFn.  lliPD  :ill  tbis  (hattliey  are 
diesKil  up  witii  tlie  intcnlian  to  ccoibiiTV  llic 
king, and  tobringbini  iuto  disUke  with  hi«  peo- 
pb-,  aU  llttt  mmi  ^Jur  DoUuug,  atid  utuaat  to 


wbikIi  in  the  case.  Sow  the  fttir*i 
'  Thai  theic  was  a  prtirr>x«ttoo.  aad  I 
'  of  this,  there  being  dvp«udi(i){  nd  n 
'  peaclitnents  of  I^rdv  ajid  otlurf,  m 
'  tlie  parliainetit  iu  bulli  bouim,  whi 
'  not  be  perfet^ted  any  whtnt  bul  d 
'  pnneculioo  of  tlie  piddtt^  juslM*, 
'  makinij:  ^rorisioas  uectoary  ia  tbv  | 
'  lion  of  his  majisty  and  bis  prvtmiaiil 
'  reccited  an  iuteiTU|itioii.'  liitm.ii 
conceire  tUc»e  words  ur  not  wctdi 
ihemseli'ds  are  unlawful,  and  f<ir  li 
loi'dskip  will  be  pleawd  In  coinidar  i 
I  need  nut  rt^ieiii  it,  you  Lnc  it  bdi 
If  they  are  in  sense  and  eulHtanmi 
words  that  hare  bean  Mpnlua  by  the  I 
the  liorda  and  Commons  in  parliaui 
that  will  not  be  sativliol  mili  lint  ■ 
will  not  be  satisfied  Willi  nuy.  lluu 
we  say  ?  We  uy,  lliM  the  pnMi 
the  piibUc  juni<^>  reccit<^<l  ao  iMc 
Doeb  not  the  kint;  My  mi,  and  aion 
sprech  we  have  >el  lorth,  wherein  b 
mends  it  to  bath  hoivws,  IhHl  -juitic 
done  f  AVhal  is  Uie  i»eantn|[  tlieii  Iml 
tlw  fitrthcrjinisvcHliDaof  theoAxidcn 
on,  justice  is  noi  doue.  And  to  we  i 
the  king's  words.  We  soy,  Ihey  are 
or  they  were  unt  tried  ;  tbey  ihrauc! 
[daio  of  it  to  this  day  ;  anil  tlioMn 
did  rMvite  aii  iuWrruption.  I  ani  < 
widiotit  rejection,  that  booourable  pi 
lord  Danby,  iu  IIue  piHnt,  hath  mi 
much  more  liablt  to  esceplJou,  thoi 
words  ihallbeliere  dtwene  no  Mm 
liBs  oompbuDod,  that  justice  was  no 
thi«  caue,  because  he  was  not  liicd, 
wheiJ  lie  desired  to  be  tried  too  ;  but  lii 
lakeii  away,  and  he  forfeited  Ibai  vk 
dearer  to  liim  than  lands  or  bflu 
health,  whereby  he  endangered  hia 
lost  all  the  coiiifons  ufhfe.  If  il  ira 
for  him  to  say,  as  certaijdy  it  was,  Thi 
was  not  dune  io  his  case,  h  by  Dii|^l 
city  say  so  ?  Either  the«e  lordd  < 
becundeiuncHl,  or  iheyoui^lit  Io  best 
It  is  hard  to  sayJuMiee  isdone.wbtB 
so  looiT  ill  prison,  and  are  not  titbo  i 
oi'  fiiiidi'iniie'l. 

'I'hcu  wc  tay  this.  That  the  inkin 
sion  ior  the  priSKrvation  of  the  ktn^l 
and  of  hia  protoatiiiil  aul^'ts,  ft««>< 
tenupLion.  To  this  part  ne  ^re  this 
We  sut  forth,  Tliat  there  »  ere  bdli  ik 
in  the  paAamcut  for  this  purpose.  W 
ngrcal  to  OS  by  the  dentumsr ;  amJ  (I 
lulhi  could  not  (roiK  into  lows,  any  B 
the  lords  could  be  tried,  but  in  yw 
Why  then  if  it  bc«a,  thattlir  maiwr  « 
done,  nur  provision  made,  but,  as  iha 
nintinii,  thai  iv&ued  for  the  lu-vt,  »aid,  11 
ikddresaes  of  Uttli  iluiiws  fur  tbe  i* 
by  the  bkMsIn^  of  God  upon  the  M 
ktu^Btid  parliument ;  if  ihi^se  MNOM 
kinK  and  his  parliament  arc  inUn^i 
K-h  an  birtt  J 


1   UttdciMMid: 


STATE  TRIALS,  54  Cbables  IL  168S.— #fid  th  Giy  0/  iMim,    [1134 


Into  8pe«k  any  thm^  to  justify  that  which 
ly  a  crime ;  but  this  Lb  that  1  say,  it  is 
law  unlawful  fur  us  to  petition  the  king:, 
resa  to  him :  Hut,  my  lord,  to  take  off 
ge  of  this  bosiuess,  I  sliall  bctf  leave  to 

0  your  lonlship  a  S|)ecch  of  the  kin^^'s 
the  6th  of  jMuFch  foll(nii'in{|r,  and  therein 
are  these  words,  The  further  prosecution 
\  plot. 

lord,  let  any  man  reail,  and  spell,  and 
iw  in  substance  the  woi'ds  in  our  petition 
from  the  words  of  tlie  j^insf,  making 
kiws  necesi>ary  for  the  security  of  himseit' 
le  kingdomt  and  this  spoken  tho  6th  of 
I,  when  tliis  very  petition  now  compUine<l 

1  presented  in  January  or  Fel>ruary  before, 
xre  was  no  parliament  between.  No 
rill  say,  that  tiiere  were  laws  sufficient 
I  security  of  the  king  and  kinj^dom, 
the  king  himself  speaks  of  the  necessity 
Idug  sucn :  80  then,  those  hiws  that  were 
ring  received  an  interruption.  The  lords 
Dol tried:  Is  not  that  an  interruption  of 
s  ?  SLaoe  they  could  be  tried  no  where 
s  onist  be  granted ;  and  the  king  re- 
mds  it  to  them  as  not  done,  but  necessary 
liMie.  So  the  king  said  before,  and  so  it 
lied  here.  There  is  no  such  thing  said 
petition,  That  tlie  king  did  intemipt  jus- 
■d  die  proceedings  of  the  parliament : 
A  nfereuce  and  a  consequence  made  by 
id  art :  not  that  the  king  did  interrupt,  or 
1 10  tntcmipt  justice  ;  but  it  says,  By  the 
ptioD  of  the  parUament  the  public  jus- 
xrired  an  interruption. 

r  lord,  suppose  at  that  time  there  had  been 
lience  liere,  and  tlie  king  hati  been  as 
I  Rsolred  to  meet  his  two  houses  as  they 
but  by  reason  of  tlie  pentiicnce  he  were 
■laled  and  forced  to  make  a  prorogation  ; 
there  comes  such  a  petition  from  the  city, 
aji,  That  by  reason  of  tliis  prorogation 
Ub  that  were  depending  did  not  pass, 
be  public  justice  received  an  interruption : 
t  k  the  offence  of  this  ?  It  is  ail  true.  I  f 
'  ke  bills  depending,  and  impeachments, 
an  no  other  where  be  tried,  they  do  recei«  e 
roption  by  a  iworOgation.  Can  any  man 
^  isfattcP  The  charge  in  the  re' plica - 
■1  That  we  did  falsely  and  maliciously  say, 
f  that  which  is  true,  and  that  which  tae 
^bad  laid  twC^re,  anil  that  which  the  LonU 
"•Mdiuons  said  after  him,  That  till  those 
^  Were  done  lliey  were  not  sate  ;  and 
^Btts  nsyet  urrc  notdom*. 
^ord,  these  is  this  furtJicr  in  it,  the  pcti- 
*Bt  furth  in  htcc  verba  ;  and  then*! ore  I 
^c  any  tiling  out  of  it  to  explain  it,  and 
^H  Id  itself ;  for  this  indeed  is  a  very  re- 
^  ooQstnictioo  of  the  petition. 
^a,wbcii  thiiA  inten-iiptiuu  of  tlie  proro- 
^^^*a  received.  That  the  kintf  for  ur<jfi.ut 
^  ^mA  very  good  r^rasons,  did  pioro^^ue 
'^■■■lent.  It  is  bin prer«>giitive  l-i  *V\  so  ? 
^  f0rbi«l  but  he  should  have  it.  I  tijiiik, 
^  «loubt,  we  should  be  more  at  a  loss  for 
^  ^  dnt.premgativei  tbuo  we  can  be  by 


the  use  of  it.  It  is  mine,  and  1 4>elievc  everf 
gooii  man's  opinion,  that  that  prerogative  is 
very  necessary  and  profitable  for  us  all ;  but  it 
is  tnc  consL'<j[iKnce  of  it,  that  this  intemiptioa 
of  justice  is  received  ;  nay,  we  arc  so  far  from 
saying,  that  the  king  did  interrupt  justice,  or 
intending  it,  that  we  say,  we  do  ho]»c  the  king's 
gracious  intentions  were  only  to  make  wfiy  tor 
tlie  better  concurrence  of  his  majesty  antl  his 
parliament.  Tlie  king  docs,  tor  great  causes, 
and  best  known  to  himself,  who  has  the  pre- 
rogative, prorogue  the  parliament ;  whereby, 
as  a  mere  consequence,  not  as  the  king's  in- 
tention, the  public  justice  is  interrupted :  Nav, 
this  we  aitirm  was  with  a  good  intention  in  t£« 
king,  that  he  might  be  the  better  eiiaUeil  to  000- 
cur  with  his  parliament,  as  it  is  s<'t  turth  in 
the  petition.  Can  there  be  any  thin^  morv 
properly  said  ?  It  is  the  greatest  justification 
of  tlie  prorogation  that  can  be.  The  king  lias 
prorogued  the  parliament :  What  to  do  ?  Why 
justice  hath  in  view  received  an  interru]>tion, 
but  not  in  the  intention  of  the  king.  W« 
know  whiU  the  meaning  of  it  is,  and  so  w« 
set  fortli  in  our  very  petition,  it  is  to  gain  time, 
that  he  mav  tlie  better  concur  with  his  par- 
liament. A  is  a  great  cmninendation  of  Um 
king's  purpose,  instead  of  charging  him  with 
uyustice,  tnat  he  did  resolve  to  concur  witli  hi^ 
pariiament  for  such  ends,  and  accordingly  did 
prorogue  tlie  parliament. 

Now  the  Attorney  General  hath  put  in,  tliat 
it  was  60  iHientitme  ;  there  is  the  sting  oif'  thi» 
business  to  put  in  those  words,  to  make  thai 
which  we  may  lawfully  spenk,  of  itself  to  ba 
an  offence,  but  truly  tliat  signifies  just  no* 
tiling  :  It  can  never  hurt  a  thing  that  is  true, 
it  has  great  authorit;^'  in  it,  if  it  l>e  apniied  to  a 
thing  that  is  unlawful  ;  but  if  in  substance  it 
be  true,  and  the  thing  itM^f  justifiable,  tliosa 
words  make  nothing  in  t)ie  c^se ;  and  I  tliink  1 
need  not  argue  tlmt  point,  but  reier  myself  to 
the  great  case  that  was  in  Westminster- Hall ; 
and  thai  is  thcrovci'sal  of  the  judgment  given 
in  this  court  against  my  lord  HoUis,  whicn  wm 
a  reversal  in  parliameot ;  and  is  printed  in  \\m 
last  impression  of  >lr.  Justice  Coke's  Keportt 
by  order  of  parlianicnt ;  and  there  they  ex- 
ploflealllhe  notion  C'f  ta  tM^^/i/ tone,  and  this 
ousinos5.  Ainunsp(;iks  words  that  he  might 
blM^ak  in  parliament  (thotigli  1  know  not  whe- 
ther he  might,  or  no,)  but  tlie  great  thing  is,  if 
words,  that  in  themselves  are  tolerable  to  bt 
spoken,  be  spoken,  you  shall  not  come  and  say 
they  wore  S|M>kcn  with  an  ill  intention  ;  though, 
ax  (  shall  shew  by  and  by,  thiri  hath  a  kind  of 
fatality  in  it,  aud  that  is  this,  that  it  is  done  with 
an  ill  luiud  bv  a  oirporation  thai  hath  no  nftind 
at  all. 

Mr,  Attorney  General.  Just  now  yoanidit 
had  a  mind,  and*  reason  wa«  i's  mind. 

Mr.  Recorder,  I  Faid  asm\  lord  Hobart  aays 
that  a  by-law  to  it  is  a  minil,  as  reason  is  to  a 
man,  but  it  hath  no  moral  mind.  My  lord, 
then  I  say,  the  citizens  of  London  were  indeed 
at  that  time  under  fpceai  consternation,  by  rea* 
son  of  the  owiipintioni  that  had  bMadiwnmmi 


lrt9i1stATETRIALS,34CMAStBsU.  1682.— K()(«nfJM|-«6rfii)M«ffeKii;[il| 


bv 
orilor,  at  the  (rial  ut  the  lonl  Ktaffurd,  which  '  knuitn  Id  these 
youT lordsiiiji  may  very  hfII  remember, ' Tbat    quired  abont  i< 
'  Loniton  WHS  burnt  by  llie  PsijiJM«  ;  an.]  there-    *"     "  ' 

*  tare  it  was  no  H-imdiT,  thiU  th«y  n  ere  ilesir  nus, 

*  thu  diuiiraelvcs  und  ibe  kiiitnlo|ii  slmtild  be 
•wjlintnKrtaliecutity  against  tboeeenemiei.' 
llin,  ni J' Inn),  IconfcMistireDiloi'iMiDt.  and  1 
trouJd  [iol  speak  a  word  in  it  without  a  law 
book  to  hnf  L  me.  1  remember  that  luy  lurd 
Hobtii  RRj'B,  lliat  zeal  and. indignation  are  ler- 
vent  pOK'-iuns.  The  city  of  Londnn  hati  great 
hMUgnnlion  assinsl  the  pnpisls  for  this  conspi  - 
ney  again*!  the  kin^  and  kiDsdoio,  sod  tlie  re- 
figion estnliUshEil  hj-Haw.  There  was  no  iliaat- 
fiMtian  in  ihe  cjly  at  this  lime,  when  this  peti- 
lIoD  was  iiiaile:,  sure  ;  and  1  wonder,  tbat  any 
man  should  aaj,  that' knoHi  Lonhiu,  and  vtaa 
■equintecl  witliit  then,  and  liHiks  ujKin  this  ue- 
tilloH  which  passeil '  iiemineenntradicente,'  tliat 
(bey  had  aneh  an  inteutiou  at  ia  inslnaated  : 
MMipMy  let  him  re«d  the  oanies  of  the  worthy 
aMeniien  Ihat  tlien  sal  upon  the  bench,  and 
the  other  names  I'f  ihe  coinniDu  council-men 
then  present,  anil  then  let  him  bay,  if,  without 
reflection,  llie  kini[  linve  more  loyal  nibjecta 
in  ihe  city  of  Loudon  than  ibeae  men  vers. 
And  do  you  think,  if  there  Lad  been  in  it  any 
Mditfon,  or  any  of  those  ill  quaUtieB  tbat  moke 
up  the  lU  adserbe,  which  are  joined  to  it  in  die 
replication,  not  one  of  all  those  loyally  disposcil 
men  H  uiild  have  hiiukci)  ag-uiiiM  it  *  BiitaloK  !  a!) 
of  it  paaaed '  aeiuini'  cuTitrailiccnte.' 

Aly  lui-d,  I  Hij',  that  if  the  matter  of  it  lie 
jmtinable,  as  1  think  it  is,  then  all  these  words 
willsignilynotliiog,  iflhere  were  nevtr  BO  many 
more  of  Ihoiit :  and  the  presenting;  and  carry- 
ing of  it  tn  the  king,  that  is  no  otienre,  tbat  is 
BM  DO  much  an  preU-'nded  to  be  one  And,  my 
Lml,  I  tliink  ita  Tery  harsh  translation  of  the 
word  into  Latin,  when  the  petitioti  sav",  that 
the  parliament's  proceedings,  or  the  puhlicjua- 
tice,  received  an  interruption,  to  put  that  word 
of  Obtlrutlioaau  in  ;  truly  1  think  a  better 
word  might  have  been  found  to  express  (he  soil 
eKpresaiun  in  Ihe  petition :  and  lliey  need  not 
hare  putthathard  violentwordUfufrucliO'ifin, 
when  to  make  English  of  it  they  travislatcd  It 
Interruplion. 

But,  ray  lord,  Ihey  do  admit,  I  lay,  that  the 
making  and  presenting  of  it  to  the  king  ia  not 
the  olfcnce,  si>  raucli  as  the  publishing  ol' it,  by 
which  it  is  exposed  to  many  othcra  besides. 
Now  to  ii.veuse  that,  the  answer  we  t?ivo  ia  tliisj 
and  ii  a  that  which  will  tarry  a  very  reasun- 
•ble  ground  of  jnstilication  in  it :  ceclain  citi- 
Kcos,  tluit  were  private  men,  had  |ietitii>ned  the 
common  council,  and  thereby  tlmy  wcfp  iui-  | 
portuncd  in  makeknown  the  desii-esof  iheciiy 
to  the  king,  and  it  wa^  roaMnulile  to  m«ke 
known  to  those  citiwina  what  the  cuuinmn 
council  had  done,  to  jirevcnt  liil^e  runioun, 
which  WL'knew  were  rift  (moiieliui  those  (lavs: 
andlo  shew,  that  tbert!  was  nulhingill  in  it; We 
did  print  it.  And  it  is  also  idl  driving  at  the 
MnuiiDD  iutereU,  at  the  king'a  safety,  the  ^te- 


*eryKnai(R( 


•rrTUlinn  of  the  church  and  tbe 
cstnliliihrd  :  all   tliu  they  did  <kn 

rna.andaU  ttlanliBl 
id  therefore  \iKj 
a,    to   eiidenee  that    ifarre  wa*  oMt 
it(  intcndetl    in    it.     And    I  ^  an  . 
must    conlcas,    that    tliis    ol|)Mii«B  if  j 
pnblidiing   ot    ihia    petition   dirniU   kt 
much    insisted    upun  ;    Ihr   tliey   nt,  I 
ihe  mayor,  comnunially  and  cilixcmdlu 
of  London  did  it )  «iid  aay  not  any  tlui^ri 
common  council,  titat  they  did  fdnl  Ki 
IheY  that  did  vu(«  il,  knew  rt  widwUMn^ 
and  it  ia  alled^  b  the  pleadinga.  aaitari 
ed  by  the  demnner,  thai  th«  maycr.OMi 
ally,  the  citiieos  of  London,  that  ii,  thttl 
rotioii,  conatata  of  abuvn-  Mi.OUO  Dini,ii 
cannot  well  be  intended  otlierwiar.  WM 
here  is  a  petition   tbat  ia  agrefd  u  U 
enouch  lodged  as  to  the  |ienDDS  tliM  iiill 
il  benig  the  liberty  of  the  subject  lo  Mliv 
and  If  this  had  been  only  iireaentedUiCbtk 
thouuh  il  had  been  by  tliow  SO,00( 
ifit  hod  been  by  10,000  men,  wba 
the  corporation,  il  had  been  wril  tna 
hail  not  l>een  printed,  but  only  kfpi 
Ihemaelves  :  Why  ihen  it ' 
llial  what  ia  known  lo  all  lauom).  >■>  |n 
part  of  the  kingdom,  abuuld  helawM,  t 
atiouk)  be  heiaoualy  unlawlul  to  antdttil 
of  it  fbrdier.    It  went  furihet  ihu  Ikri 
iif  London  ;    and    therefore    ii    i*  «oA  ■ 
offence  as    sliull   be   a  Ibrfcilnre  of  tl«  * 
ponition.      My    lonl,   ihere  is   ib(  «*  ' 
l^ke   and    King,   the    petition  lo  ik^ 
liament  was  scandalous  in  ilself.  yrt  i'*" 
protected,  being  presented  to  the  jiariim*! 
and  it  naa  lawfid  lo  print  it,  profakd  il** 
delivered toa  committee  of  parlia«<nl.*^ 
to  Ihoae  that  were  members ;  thousli  ai;* 
lhere,llinltfacprintingof  it  ia  a  gnalf"* 
ingi  ftr  tl  le  com  posers,  correctors,  and  ollwp 
sons  thai  are  concerned  in  the  presa,  W^*^ 
letter  of  it.     Hut  it  was  answered,  Ilul  1™*^ 
is  but  a   more  esjiedilinus  way  uf*'*'!' 
and  if  he  bad  employed  30  clerks,  it  hJ  **• 
greater  publishing  than  three  or  fiiurpn"* 
Possibly  the  printers  might  not  r(«il  il.  wj* 
be  able  to  read  it  well,  or  not  all  ol'lhfW  i™* 
nllhattime. 

Now  here,  my  lord,  sure  il  was  W"'"* 

iiuaintthe  citizens  w  hat  they  had  dout-if  T^jJ 

It  lobe  ihe  act  of  the  common  couual.'*" 

bcllierepre«entili«"^ 

_     __  .        .s  I^.Teed  bvUK^JJ 

US,  that  any  member  "'0''' "Ij^ 

lliosethBliientlhemlhi[her,w"23 

they  represented  ;  ihey   have  blaaw"  *T| 

■      sending  the  debates,  but  «^" 

LBiing  the  votes  ;  and  wballBTi 


lighldo^y  writing,  they  migbt  i^f^^J^ 
thai  ia  but  uolber  wa^,  ibrtf*  "^ 


vhat  they   had  done  i 


7]    STATE  TRIALS,  34  Charles  II.  l6S^.^^nd  the  Cittf  #/  Lomim.    [1  ist 


Ue  a&d  compendious  way,  of  exhibiting 
thiosf  that  ^ou  nould  have  ^  to  many, 
if  it  be  lairtiil  to  iiu|)art  it  to  all  the  city, 
dl  the  city  does  know  it,  thoufjrh  it  does  go 
«r«  it  is  no  matter  ;  for  what  is  known  to 
loo,  inav  very  well  be  known  to  all  the 
a  besiiles,  witliuut  otieuce,  if  it  did 
irther.  Hesiiles,  it  shall  never  be  intended 
IS  Dublished  furtlker,  or  tliat  any  others 
r  or  it ;  for  it  is  said  to-be  published  in  the 
ih  of  Hi.  Michael  Bamitihaw,  in  ilie  ward 
■sBishaw,  and  that  is  in  liOtidoii,  to  the 
ens  of  London,  and  so  thov  nnlv  talked  of 
noDgst  thenuiel\es.  Ikisides  the  luaiu 
p  which  I  go  upon,  is,  if  lliere  be  no  ill 
Ns  tiling  itself,  the  ea  intentione  can  miike 
iine  bv  a  bare  aAiniiatiou,  which  we  deny  ; 
if  it  might  be  well  said  or  done,  it  is  law- 
»  print  It,  and  the  publication  is  no  offence 
Lcr. 

y  tord,  the  next  point  1  cume  to  is  this, 
■  coqioration  cannot  possibly  roinniit  a 
al  crime,  or  any  other  crime  agaiubt  the 
e:  And  I  shall  offer  this  dilf-niina,  cither  it 
done  seditiously,  or  not ;  if  n«>t,  tLen  there 
efficient  assignment  of  a  4'ause  of  fortei- 
:  if  it  were,  then  it  is  a  crime  fur  which 
flbidcr  is  indictable ;  and  tbat,  I  say,  is 
vtely  impossible  for  a  corporation  to  be 
y  d.  And  here  I  will  throw  in  also  that 
icn  of  the  toll ;  and  I  will,  for  argument's 
admit  the  taking  of  ^a  wrooj^'ul  toll  to  be 
My,  and  then  let  the  argument  go  on.  I 
hound  jtRaid  within  the  bar  occasionally, 
acxirporatiou  is  intnii^ted  with  the  govern- 
^ ;  and  tbat  they  may  commit  treason, 
■ne  sedition,  as  iflr.  (Solicitor  hath  said ;  1 
on  it  must  be  under  their  great  seal :  Rut 
(less,  I  believe  it  is  rather  spoken  to  amuse 
it  ntisfy :  But  1  really  think  it  is  no  ill 
ttjiistly  tiling  for  me  to  say,  nor  against 
ptveniiiieat  to  affirm,  timt  it  is  imjMisssible 
pomion  can  commit  treason,  or  that  it  is 
Utd  witli  tlie  government  in  any  such 

It  fiist,  my  lord,  I  shall  show  you  what 
Ckn  fontier  times  had,  and  that  because 
so  opinion  as  this  liatli  btntn  broached  of 
Ka^-s. 

C./.  Mr.  R4H*order,  will  you  lie  much 
tr  ?  Because  I  must  sit  hwv  at  A/si  print 
kflereoon,  and  yet  I  woulil  fain  hear  the 
>Mnt,  if  it  would  nf>t  1k'  t^K)  long. 
fm  Kerorder,  \o,  my  lord  :  I  have  almost 
» and  will  cut  shoit. 

91  E.  4.  fol.  13.  b.  it  is  said  by  1V><^» 
*  mayor  has  twoablilies;  tlieune  to  his 
>Ue,  to  make  and  to  grant,  and  to  do  as 
^  natural  penum  does ;  and  then  the 
%'ias  mayor  and  commonalty,  hath  aiio- 
^jycity  to  their  common  use  and  |)rotit ; 
wii  but  a  name,  an  cut  raiionis,  a  thing 
^MboC  be  Kco,  und  is  no  substance ;  and 
A  nme  or  corporation,  it  is  im)»otsible 
^M  do  or  suffer  any  wrong,  as  to  be  beat 
^  Willi,  ai  such  a  body ;  but  the  wrong  is 
'lacvaiy  member  of  the  iHHly,  m  tools 
*l.  ▼in. 


own  proper  person,  and  not  as  to  tlie  name  of 
corporation ;  nor  can  the  corporation  do  a  per^* 
sonal  wrong  to  another ;  nor  can  they  commit 
treason  or  lelony  as  to  the  corporation,  nor 
against  any  other  person.  And  if  a  writ  of 
debt  be  brought  against  the  mayor  and  com- 
monalty, or  other  such  body,  upon  an  obliga- 
tion, and  they  plead  it  is  not  their  deed,  and  it 
is  found  their  deed,  tlifiy  shall  not  be  imprisoned 
as  another  single  person  shall.  The  same  law 
is,  if  they  are  found  disseisers  with  force,  thejr 
shall  not  be  imprisoned,  nor  in  a  writ  of  ravish* 
nient  of  ward  shall  they  eitlier  be  imprisoned, 
or  abjure  the  realm  ;  lor  such  a  body  is  but  a 
name,  to  which  such  an  act  cannot  be  done. 
So  says  Catesliy  in  the  same  book  ;  In  a  wrir 
brought  aj^ainst  them  no  Capias  shall  issue, 
because  they  are  but  as  a  deail  person  in  law  ; 
and  the  appearance  upon  a  Capias  cannot  be 
otherwise  than  ncrsonal.  And  so  to  tliis  pur- 
pose «ays  the  cl lief  justice  there  ;  If  this  body 
>\ill  do  uny  thin^,  it  nmst  be  done  by  writing. 
And  all  along  it  is  the  tenor  of  the  wliole  case, 
tliat  a  corporation  cannot  commit  treason,  or 
any  other  crime.  But  the  reason  of  the  thing 
is  above  any  authority.  Sup|K>se,  that  they 
under  their  common  seal  shoultl  commit  trea- 
son, and  you  bring  an  indictment  of  treasoa 
aeainst  the  mayor,  commonalty,  and  citizens 
of  the  city  of  London,  what  judgment  shall  be 
fliven  agamst  them  in  their  corporate  capacity  f 
What  f  It  shall  be,  that  *  Suspenilatur  per 
'  coUum  corpus  politicum.'  And  then,  what 
execution  shall  be  done  upon  that  sentence  f 
What  ?  must  they  hang  up  the  common  sealP 
Nothing  else  you  can  do  can  affect  them  ;  but 
in  tlieir  private  ca|»acity,  tliere  they  may  b» 
punished  as  single  prrsous. 

A  penal  statute  says,  that  he  or  she,  that  of- 
fends against  the  law,  shall  forfeit  so  much,  or 
incur  such  a  jieualtv :  is  a  corporation  male,  or 
female,  that  tt  should  come  under  such  a  pro- 
vision ?  But  the  real  reason  of  the  law  is  this, 
it  is  a  civil  being,  it  is  Ens  civile^  it  is  Carpus 
politicum ;  it  hath  civil  ({ualities,  but  it  hath  no 
moral  (jualities  ;  and  uU  ofTenocs  consist  in  th« 
immorality  of  them,  and  there  must  be  malice 
to  make  that  immorality.  No  words  or  acts 
are  treason  or  felony,  unless,  there  be  a  traite- 
roiis  mind,  or  a  felonious  mind  ;  and  therelbrs 
a  mailman  cannot  be  guilty  of  treason  or  felony. 

Serjeant brought  an  action  for  these  worJsi 

that  he  had  S|Miken  treason  ;  it  was  moved  in 
arrest  of  j^idgment,  that  this  cannot  U;  action- 
able ;  for  he  might  speak  tivaaon  in  putting  a 
case  :  Ay  !  that  vi  fre  woll,  said  they,  if  it 
could  be  umlerstood  so  ;  but  we  must  intend  i^ 
that  he  s|ioke  tnnson,  as  his  own  words  m*  corc/s 
suo,  V  liicli  makes  it  tivusoti ;  f pr  treason  ooo- 
sistsin  the  immorality  of  the  mind. 

Another  reaaim  is  what  Pigott  said,  as  I  said 
b«^fbre.  That  a  corporation  is  but  a  nanic,  an 
CHi  rationlk,  a  thing,  that  cannot  sec  or  fas 
seen,  and  indeed  is  iio  substance,  nor  csn  do 
or  suffer  wrong,  nor  any  thing  w]<ere  a  cor- 
poral appearance  is  re(|uisile.  What  my  k>rd 
Oyui-  says  in  Moor  6U,  tlnx  Vms  iumsk  ««t  ^'yk 

4D 


1159]  STATE  TRIALS.  31ChablB«II.  lfl8S.-^Av2»ilh9J' 


1  belierc,  true  in  gencml,  ftbat  no  mui  em* 
did  sec,  thai  a  corporalii't)  cmld  bv  bouni)  in 
ti  recognisiuice  or  itnlutc inL'ichaat ;  HUd  why  ? 
hecaiuc  it  mun  be  acknnwlediiod  in  Dei-suii : 
and  *o  in  tbi»  cane,  rtir  gitilt  tbttows  the  pci- 
eon,  but  ciinnol  ■  men  capadily.  Iii  bII  c.riniM 
the  o&Kiler  miKt  ■p]>ear  in  pcTsnu.  anil  plead 
iu  porsuU,  und  suffer  h)  iienMn ;  but  you  tta 
ttCTvc  brinir  the  omyor,  roiiiRionall;^,  and  clti- 
aen»  intn  ^»1,  to  appear  and  plead  la  an  in- 
ilirtiuenl,  lo  reoeiTp  a  jnil^menl,  or  suffei'  wte- 
<?iitioM.  Can  »  body  pulltic,  that  i»  iufiaiblp, 
anpnAT  in  peraon  ;  bnl  Ibcn  tticrc  is  this  enM 
«lgeiiitnHi :  by  Ibw  mea-  s,  they  say,  if  mer« 
be  nil  f.iiiu«Kin^  of  them,  ihen-  ia  no  gmetti- 
tnent^  ami  they  uay  onnnil  treswm  under  the 
^rcBl  seal,  they  may  raise  aniiieH,  and 


i.  All  these  jici^nslbat  Me  met  togrther, 
thony^i  they  arc  tuct  corparuliur,  in  their  car- 
pontte  capedty,  for  the  arts  nf  the  cnrporatiiin 
-at  that  lutic  {  yet  when  they  gn  out  fl4'  their 
corporate  biisin'cas,  am)  commit  treason  or  fe- 
lony,the  crime  does  notr^fdi  parMnni,  every 
one  of  tbein  is  a  traitor  or  a  ttlaii ;  and  not' 
frithHanding  they  np(i<^veil  there  under  Ihc 
prctcnee  of  a  c«r|Mn-aii(in,  yet  tliev  arc  all  h- 
'Bble  in  (heir  private  several  rapooitii  i,  orerv 
-one  of  them  must  be  indicted  persnn  a! W,  ana 
mfier  mmotielly  ;  for  whew  th*^  g«  Jontit  to 
doaueha  tbii]|^,it  JBoiit  of  llu:  business  of  the 
diipoiation ;  and  they  nniat  answer  for  their 
onn  pai-tieular  irfiences.     Bui, 

3.  1  have  another  aniiwcr  t>>  give  to  it. 
This  objection  is  M  be  retorted  mi  the  olher 
dde,  that  if  a  eoiporatlon  aiilhorlzc  the  levy- 
ing of  OTir  nnder  tijiir  roimnon  seal,  the) 
ahall  be  afteded  bv  il  in  their  politic  capacity, 
<uid  are  liable  lo  the  laiv  in  that  capacity  only. 


iufler  in  that  capacity 
conteijiience  nl'thatia,  thcv  arc  discharged  in 
thdr  private  ca{Kicity ;  and  this  is  a  law  of  in- 
demnity DDd  pmteclion  -tor  oU  criniex  ;  for  a 
•nun  cannot  be  liable  two  ways  for  trenmn.  a 
felony,  or  any  ulher  critafes ;  if  he  be  not  li 
able  in  bis  priiate,  he  ia  hi  his  public  capacity 
if  not  in  his  puUic,  he  is  in  his  private.  And 
\rhot  is  the  consequence  nf  that  f  Thix  k  a 
dispenraliDn  for  a  corporation  met  together  th 
m  body,  to  do  any  illegal  thing,  or  lo  cninmit 
«ny  enommui  crime  ;  for  the  king^s 
«ay  this,  We  are  lespunaible  for  ii  in 
Sue  capacity;  and  nhat  execuKon  can  then 
he  done  to  punbh  that  corporation  wilb  audi  i 
puiii&hmGDtas  the  law  inflicts,  that  is,  impi-i- 
sonmcnt,  or  death,  any  more  than  upon  at 
action  of  debt  brought  against  them  upon  a 
InnJ,  wid  Hon  atjBclani  pimded,  and  fbimd 
ftr  (he  plaiiitifl'f  Can  they  be  imprisoned? 
Vitd  Uie  liKc.  So  that  lhi«  «liall  jirutect  and 
■kelter  litem  in  the  commission  of  any  capital 
flifcnce;  ,  ;r  if  they  are  to  siiAW  fi>r  il  hi  a 
leOrpAruion,  you  muu  take  juitement  againN 
AeaiWUnWr-gi'witi  wd  WurdTtiM 


be  draoe  ai^iusl  an  infiaiUe  body  f  ^ 
be  die  cxLcuiiim  againsi  the  Corpon  ] 
that  can  neither  see  nor  be  seea  f 

I  thiuk  this  mighty  jdain  i  and  1 1 
fen,  i  wumler  hew  11  omld  ever  tab 
mind  of  any  man,  thai  a  cnqioral 
commit  a  corporate  crime.  I  Ure, 
came  iiie,  in  regard  of  (he  ivXf  at  i 
and  hetbre  that,  fur  mv  own  Inuni 
Mamfoiil'i  deasof  the  C'rowii,  myta 
41b  Innilutes,  Poalton  de  IVc  Ri 
Inrd  Hales's  PIms  of  the  Cromk. 
Justice  of  the  Peace,  and  otli«t  boui 

ibjeet ;  but  I  ieTj  any  man  la  i^ 
any  of  those  treatises  coneerniugcnD) 
ter«,  any  resolatioii,  that  eter  a  n 
could  l)e  BO  concerned,  that  lliiyi 
bruuifht  before  a  jusiit-e  ul'  peaM,  or  f 
against  upon  any  law  lor  iTcamn  ar  11 
be  hanged  in  their  political  copacilj'. 

My  lord,  I  shall  conclmie  all  «]i 
of  this  kind  (and  1  have  ahnnst  dnM, 
I  perceii-c  I  mcroach  upoa  yoiir  palin 
an  observatiuii  I  have  made  Hpen  ihr 
c.  T,  and  it  is  )he  slaiirle,  (hat  mJi 
aion  against  cor^ratioiu,  ^at  mtde 
against  ihc  prerogutiw.  Tint  «Ut 
TbaiBomecorpoinlioasdid  «o;  nawi 
piTence  than  thai,  sure,  cannM  *< 
scribed  ;  and  there  that  law  say*,  I 
thai  do  so,  that  make  aucb  bye-Ian 
the  p(cn>i?atiTe,  shall  forieit  for  n  < 
even  oflaioe,  40/.  iinlees  tb^  aie  i 
bv  the  ejiancellor  and  treflKiirer.  and 
lices,  or  any  tlirec  of  them.  Nw 
purpose  was  this  statute  made  ;  if  ll 
nfan  ill  by-law  {and  wnr«e  cannot 
hy-latv  against  the  king's  prerogati' 
be  a  forfratoce  ol'  the  being  of  a  coi 
Hriw  vaiidy  did  tbe  king  and  parlia 
ploy  themselvp^  lo  make  a  statute.  1 

K>r«tion  should  tbrleit  40'.  Tot  fii» 
nee  ?  No  man  will  sav  they  bad  r 
that  penally  than  auullier,  when  t 


■hd  thereby  destroy  the  ratporflt 
they  woum  not  have  stood  for  (he 
40(.  for  they  might  easily  ha<e 
money :  No,  they  might  have  aid 
never  pass  it  by,  unless  you  wlH  git« 
or  ft  far  greater  sum ;  i>or  shall  you 
rorporatiun  i^ain,  without, you  gi<n 
sderable  recomiiinet  for  it.  And 
process  and  the  proceedings  were 
lious  and  easy  tu  came  at  in  a  Que 
as  it  was  easy  in  those  ilays,  why  i 
put  the  king  to  the  delays,  in  an  ad 
(w  so  arosll  a  penalty  a<  40/  .'  8o" 
be  a  direct  judgment  of  the  ^ 


that  ei 


■,  that ' 


!>  eoronration  ibM 
be  forfeited  lor  the  makiDg  of  Mfl^ 
was  irregular,  thoogh  it  werenai 
king's  prenigTitiTe. 

But  to  hapten  to  acone1tinini,Ik 
while,  mv   loni,    siippesed,  tiat  i 
-■■  -lUy.ttdciilRMoflXBM 


I]     STATE  TRIALS,  34  Chables  II.  l682.-«iuf  the  City  o, 

But  it  is  not  CM) ;  tliis  is  not  the  act  aF  the 
or,  commonalty,  an<t  citizens,  it  is  not  the 
hundredth  part  of  the  coqionitiou,  it  xh  hut 
Mt  of  the  common  council ;  and  »ve  have 
nguished  ouredves  hy  pluudiu;;,  that  it 
I  not  consist  of  above  'JoO,  when  iho  city 
ains  above  50,OuO.  1  must  Cv>i)iess  the 
Bcil  is  not  takej  notice  of  niucli  in  law  ;  as 
Ben  in  Warren's  case,  2  Ci-ook  o  I'J,  and  3 
Is  112.  Warren,  beui^  ouc  of  tlie  common 
Mil  of  Coventry,  and  displaced,  sued  out  a 
of  restitutioii ;  and  upon  that  writ  it  was 
raed,  tkat  by  custom  the  city  miffht  place 
displace  £!</  libitum;  thc)r tlieie  held,  that 
cuitfoin  was  jifooil :  But  it  is  not  so  of  a 
nan  or  alderman,  because  he  hath  a  free- 
;  but  a  common  council  is  a  thin^  coUa- 
to  a  corporation,  and  die  oHice  of  a  cmn- 
ooundl  IS  nothing  liut  only  to  pvc  assist- 
and  advice,  which  they  may  refuse  at 
pleasure,  in  Estwick*s  ruse  la  Style  31i, 
I  Rollii,  456,  it  is  snii],  Tiiut  it  is  a  place 
ily  by  custom,  and  that  the  coiniuon  coun- 
properly  hut  only  a  c<»urt  of  iulvice  ;  and 
lord,  you  shall  never  intend  more  tliau  that 
"  were  a  court  of  iuhice:  All  the  rise  of 
r  power  is  but  by  custom,  n;id  iliat  custom 
inded  to  ffive  advice  lor  tho  bcnclit  of  the 
»  and  make  by-laws  fur  the  (rood  of  the 
ivration ;  and  that  Is  confessed  by  the  de- 
TQ*,  and  you  shall  intend  no  more  than 
It  ii  opened  in  tlie  pleatiinv. 
4hI  then  it  is  evident  this  was  done  by  a 
r'  imall  part  of  the  citi/cas  of  London ;  and 
does  DO  way  affect  the  whole  corporation 
)>  Jo  James  Bai,i^'s  case,  l  Rolls  tol.  226, 
nid,  That  if  a  [mtcnt  be  pr«Mrured  by  some 
DBS  of  a  corporation,  and  thf  ifroater  part 
ot  assent  to  it,  that  shall  not  bind  a  corpo- 
s.  And  if  so  be  a  charter  scale<l,  and  sent 
le  kin^,  because  not  acceptcnl  in  pain,  by 
greater  party,  bind  not,  shall  nu  act  done 
few,  and  an  act  dc»ne,  that  tends  to  a  for- 
re,  bbd  the  whole  in  [mint  of  their  being;  ? 
v  is  DO  ground  to  siiy,  that  the  <.'onunou 
cil  represents  the  city,  no  nutre  than  a 
lel  does  his  cUcnt,  <ir  an  attorney  his  mas- 
only  as  lar  asis  for  the  benefit  of  the  city, 
are  chosen  and  intrusted  to  mske  by-laws; 
sjr  offend,  they  arc  bur  ministers  unci  otii- 
and  so  they  arc  within  the  statutt*  of 
.3,  which  I  mention,  though  1  tlunk  ue 
!  no  need  ot*that  in  the  ("ivf  to  ht-lp  us ;  if 
make  an  unreasonable  by -taw,  ii  is  void, 
every  man  that  is  uirufiieu-cl  by  it  may 
his  remedy,  may  bri'r^  his  ur lion.  Shall 
supply  Luis  by  an  intVmliiii^at,  that  they 
!  such  a  relntion?  that,  tlirv  luv  the 
esentatives  of  the  iit\  of  l.uiiduh;'  that 
ba>c  a  power  to  iodllt  the  corpora- 
?  No,  my  lord,  hy  law  tln.y  uw.  piut  of 
corporation,  htit  thi-y  have  no suiit  power 
urfeit  the  corjxiration.  A  rU'-K^m  shall 
9  be  construed  t(»  '-uahlf  a  lunn  t«)  iU»  » 


[1142 

which  they  are  part,  sliould  mre  up  the  being, 
or,  what  is  worse,  forfeit  the  oeing  of  that  cor* 
poration.  The  custom  of  Kent,  that  makes 
an  infant  capable  of  making  a  feoffment,  shall 
never  enable  an  infant  tenant  in  tail  to  make 
a  feoffment,  so  as  to  work  a  discontinu- 
ance of  the  estate  tail,  and  put  the  heir  to  his 
Foiine<lon.  Every  illegal  vuri  of  their's  is  lie- 
youd  tlieir  commission,  and  a  nullity  of  tliat 
IS  ail  in  respect  of  themselves ;  and  it  is  as  if 
they  had  never  done  it  a»  to  the  corjMn-ation,  for 
tliey  aru  by  no  means  the  coq;oration ;  for 
thougli  tlicy  use  the  common  seal  in  some 
cases,  at  other  times.  So  do  the  court  of  alder- 
men in  other  cases  ;  but  it  is  only  in  other 
cases  whd'cin  tliey  arc  particularly  intrusted. 
If  an  act  of  coaiinon  council  say,  that  I  shall 
have  such  and  such  lands  of  the  city's,  that  act 
signifies  nothing,  but  as  a  direction  and  advice; 
wUen  it  is  under  the  common  seal,  it  is  an  act 
of  corporation,  autl  proceeding  by  advice  of 
common  council,  it  binds. 

Now,  my  lord,  this  is  the  more  unreason- 
able, because  we  know,  that  the  practice  of 
the  common  council  in  London  being  to  advise 
for  all  the  inhabitants,  they  are  chosen,  by  the 
unfreemen  as  well  as  others ;  and  it  is  a  stranffe 
thing,  that  they  should  have  a  capacity  to  g(ve 
away  the  liberty  of  the  citizens,  when  they  are 
chosen  by  others  as  well  as  them.  They  had 
no  such  trust  for  them ;  nay,  all  trust  they 
had  was  to  keep  then:  liberties,  and  not  to  des* 
troy  them.  lias  any  mau  a  trust  to  destroy 
himself.^  Sure  no  man  is  trusted  by  God  bim- 
solf  to  be  Feb  dc  sc.  And  certainly  then  you 
can  never  understand  it  to  be  in  the  nature  of  a 
ti  ust  to  desU*oy  anotlier  ;  and  the  least  citizen, 
my  lord,  has  as  much  and  as  true  an  interest 
in  the  coqtnration  of  the  city  of' London,  as 
the  gri-atcat :  And  therefore  2aO,  if  they  had 
been  much  the  ^cater  number  of  the  citi- 
zens, would  signify  nothing  to  the  rest  of  the 
body. 

My  lord,  I  shall  only  say  this  little  more  : 
Here  is  no  crime  charged  raiating  to  them  as  a 
coqioration  :  Here  is  indeed  a  mie  woni  used, 
that  we  did  this  *  contra  titluciam  in  corporo 
'  politico  repo.';itam  ;*  but  all  tliis  is  but  au  ima- 
ffiiiary  trust,    the  kin«|^   never  gave  them  a 

{)0\vi  1-  ur  authority,  or  nitrusted  them  to  make 
ly-liiws  tiiat  were  unreasonable;  he  gave 
thuin  a  power  to  make  reasonable  by-laws, 
and  so  he  dovs  Cicry  corjioratiiMi.  And  tlu» 
same  law  that  gave  them  the  power,  hmits 
that  now er,  and  s;i\s,  if  they  i^o  be\undthat 
power,  it  is  a  nullity.  And  tJiese  acts  relate 
not  to  t:ii!in  as  :i  cor|H>:'uti()n  ;  the  Petition  is 
not  SI)  iniH'h  ar;  s;a'l  to  lu*  a;;aiiis't  any  trust  re- 
pusiilintht*  rorpoi  ii'.ni ;  ivilainl^  tiiere  never 
v.jis  any  ><U('h  iriir.t.  bid  e\crtlu*  king  intrust 
theni  to  ad\  isv  him  ultoiit  the  mattn's  cfnilaiiiofl 
ill  the  l*cli:ion  /  And  if  not,  tht  ii  it  i^  not 
contiujiiiuiiuin ;  therefore  it  relutts  to  ]);irti- 
cular  persons  :  It'  it  b.*  an  oircnce,  1  hope  it  is 
Qg;  and  a  great  wi-oiii^  it  is,  that  they  that  \  noiio  oi' the  corporatiim's. 
trimted,  and  tnistcil  but  for  a  year,  and  ■  lint  ih*:ii  ;iie  levying  of  moiifv,  that  is  rr'^- 
ledbutforthe  good  of  the  corporation  of  I /la  yii/a(-<a;/' ;    they  look  upon  tli'.^m  an   il- 

1 


]  STATE  TRIALS,  SiCHASLES  II.  l6&2.—ProettdingiUlwentlKKa([\\u 

Tr^  and  imjust  iKii*er  ia  the  coinmoD  council-    preserve  llic  ritj'  of  Loiiilm  ;  and  1  Imi  nja 
"  '        -•  ■     •   •         -     ■'       thptn  Bs  «o   uiany  decluralioDiiiflk  iiimi>. 

taliU'  of  it,  and  ofoU  olbcr  coqunliuoi  I 
shsll  use  a  ttran^  urguineDl  (iWtujii  «  is 
hearing,  hilt  it  is  to  me  agrrat  ctidrawtKp 
ihat  Afseiia  Chartd  dixs  not       ' 


a' 


'  dopg  this  Wloog 
ui  incroachiueut  upon  pro- 
o«  ariiitrary  thing  in  the 
Whether  they  bate  the  marKcl,  anJ 
101)  dotniainii  of  it,  or  not,  is  matter  of  fact, 
and  being  pleaded,  is  cnufeaied  by  the  demur- 
rer: And  iheu  for  the  power  oTmakiDK  bv- 
lawB,  that  is  a  thing  that  cnniiQt  posKilily  be 
tokm  from  them  while  they  are  a  corporation ; 
it  ife  that  whii'h  must  be  in  Ibem  as  a  eorpora- 
tion,  liki^  the  facility  of  reason  in  a  man,  to  ex- 
preM  his  resolutiotia  by.  And  it  is  no  more, 
than  if  a  man,  thai  has  a  market,  bid  his  ticr- 
vant  go  and  remove  such  as  liare  stalls  there, 
uulem  tliey  will  pay  so  much.  That  direcdon 
ii  BM  good  a  law  as  this,  and  as  bad  a  law  as 
Uiia,  and  no  more.  There  is  nuttiing  else  in  it 
but  the  diifclion  of  the  ofQcers,  what  tliev  sfaall 
tlo  in  the  ordering  of  the  markcU,  and  disponing' 
vftheeity'fi  property. 

Then  as  to  the  formal  inetUod  of  evprasMUg 
themielres,  whctber  it  be  by  actof conimoii 
(XnMcil,  or  under  tlie  common  sesJ,  or  by  their 
natural  voice,  it  is  all  oue,  it  is  not  a  thing  tlinl 
Guncenis  them  as  a  body  politic :  but  if  it  w«re 
illegal  and  mistaken,  1  tay,llie  peunlly  is  nily, 
Ihat  it  shall  be  void.  What  llie  couimoD 
couDoil,  nay,  what  the  mrporalion  dues  wiihia 
the  limits  (if  its  authority,  is  good,  what  be- 
yond that  il  does,  be  Toid\  If  1  command  my 
senaQl  to  distrain  for  rent,  and  he  kills  a  man 
to  Uie  doiug  uf  it,  ibii,  as  to  me,  is  void ;  bill  at 
to  himself,  that  is  chargeable  upon  him.  And 
what  Isayofihecnmmaneouncil,  I  soy  of  the 
corporation  itself,  that  it  is  a  cnpanly,  and  a  li- 
mited capacity  ;  it  is  the  act  of  the  members,  not 
of thec(irparalion,ifthcydo wrong.  Tbecom- 
mon  cuiincjl  can  act  for  the  good  ot  the  cily  and 
the  city  can  do  no  more,  ifthej  ihemselveii 
Bhould  nieet.  Croke,  Eliz.  liil.  ^5.  the  qiiten 
makes  a  le;ise  for  years  of  lands  lo  the  men  of 
Chesterfield,  by  inc  name  uf  Aldermen,  and 
they  by  that  name  grant  all  their  interest  to 
Cleric ;  says  that  book,  ihig  is  void ;  for  the 
queen  granting  them  alua&e  a^  t»the  nldemien 
<jf  Chesterfield,  this  makes  them  a  corporollon, 
and  giTes  Ibem  a  cnparity  lu  lake,  but  not  l» 
KTant  And  so  Roll*,  Abr.  1.  p.  51.t-  And 
Uierefore  no  corporation  Is  In  he  considered  as 
a  coqiorutioa,  but  only  when  it  nets  ai.'(x)rdiDg 
to  the  capacity  allowed  in  it ;  and  as  to  the 
rest,  it  nil  turns  into  their  prlvale  capacity,  but 
it  aflect.i  not  the  body,  nor  hath  any  such  re- 
lation as  lo  bind  il. 

My  lnr<l,  all  the  iineslion  hc^-e  is,  Whether 
there  shall  bo  such  a  person  in  me  us  this  cor- 
poration f  Whether  the  city  nf  Ixindon  shall 
subaifltBN  such  a  person,  to  sue  and  be  sued, 
to  plead  and  be  impleaded  ?  There  is  nothing 
of  govern riieni  iir  inlsgoviTnmcnl  lu  the  case  ; 
but  it  iiiall  aboni  our  capacity,  anil  aiilhln^  else 
whelhLr  we  stiall  be  deteDihmt  or  plaintlffin 
uy  conn. 

Sly  lord,  magna  Cbaila,  and  all  the  other 
acta,  that  liave  gone  in  conlirnjQilon  of  it,  i^hew 
the  gfMl  nre  of  the  goiernmenl  in  all  ages  lo 


but 

the  city  of  Lundon  shall  hai  i 

it  confirms  its  lecls,  its  markets,  andiU  itw 

things,  thai  is,  it  conAiins  all  tbullbt;  i 

has  not  saved  indeed,  if  a  coiporaliuu  isMll 

built  upon  a  oorpnrstiiiii ;    but  thu 

libertj'  may  he  destroyed,  as  that  oi 

andtliehke,  but  it  do«i 


BiBiiMi 


was  no  need  of  IhU  i  it  uolj  conftrwij 
pervenieul  liberties,  it  Itlunit  V'hich  it  r 
a  CMDumiion ;  butn*  to  itsln^'iiig,  it  — 
notwith  Ibal.     And  if  i I   not  doi M|  ill 
an  imtexsoiuibte thing,  that  we  liiouMf 
many  acts  of  pnrliiuuent,  tUal  gix 
ticular  powi-rs  to  tlii'  mayor  nod  con 
London  ;  uml  scnnc  any  M*  of 
that  rcliilv^  lu  the  piiliUe,  btil  Loo4 
tjimud,  aud  taken  cai*  of  iu  It     A» 
Ihece  lUvlmaliuns,  Oidt  London  sbotU 
ftr  UTcr  !*  >^'('ulJ  not  any  one  bivci^ 
praytilial  dnyoii  put  such  oanH4MV«i^ 
donftr?  Tlifn«ii(itiiiieh«ficld«flwi^| 
llie  eitrlh   »*  thu  lifiug  of  ths  t«rp> 
London.    If  ihcf  kylxu  dd.  u|na 
meat,  thiy  are  gone,  and  ihoe  is  Mt 
in  Ibe  year  bul  tliey  fotltil  (beir  being. 

The  act  for  admin  tstratiou  haili  s  P'^jfH- 
thitsays,  It >iha1liKit  extend  to  London:  W^< 
does  any  man  think,  ihat  ihii  Uw  nu^Mli-' 
leiided  to  lic_  as  perpetual  for  Limiliw.  ai"" 
otlier  ports  of  llie  tingdom?  They  di*  •** 
question  but  T.^iidon  wtiuld  be  a  corpniauoB  M ) 
long  as'Elngland  nasEnglund.  Ii  ■ouldii' 
a  strange  thing  ui  the  exauiple  <£  A.  ^ 
the  world  should  be  tnught  by  otic  iirtM* 
Ihat  a  cornnmlioii  caii  T>e  ruineil,  wbM  »■ 
many  peoplf  put  their  Lrusts  in  lliosc  u*f* 
tion,  nud  sn  many  t  ost  inheritances'  dqirail  of  | 
them.  AndllliinktliekingauddiegoxniM^  . 
orthoseyim  caltsn,  are  more concen>edlii|W-| 
serve  I*ndo!i,  than  sll  the  penwn*  lb»l  wt  I ' 


Iwoi  ,  , 

of  argument  for  my  cKaut,  but  I  lliiii 
maintain  it  in  all  places  ;  only   I  hopcioJb^i' 
lieve  I  shnll  have  no  need  fur  it.  ' 

My  lord,  all  innovations  (as  ihia  iniul  ^ 
lainly  be  a  very  great  one)  are  don^roni;  <•■ 
frameof  gmrrnmenl  has  lasted  ami  b«" f*  i 
serred  for  niaiiy  bmidredsnf  vt-ars,  audlbfltj 
will  be  so  as  lung  as  the  woHi)  cudiirfs.  * 

My  bud,  I  am  sensible  I  need  your  |iaU(MI|j 
butlhav.!Jiisldi'ne.  Hei«  isachars[^UiuWr 
f  cry  little,  indeed  there  is  no  '  *  '    ""■  * 

ler  of  it ;  Hul  the  weight  and 
filter  to  be  mediuted   upun,  ihan  >p<dt(l 
And  llierelbro  for  these  '  '      — 

these  liberties  ii 
may  be  dismisi 


STATE  TRIALS,  34  Charles  II.  l682.— oncf  the  City  qf  Londm.    [1146' 


r,  my  lord,  if  your  lordship  please,  .1  will 
D  EDbwer  to  Mr.  Solicitor's  authorities. 
'd  Chief  Justice,  I  suppose  you  do  intend 
;ue  it  again,  and  therefore  uiero  \i  ill  not 
much  need  of  that  now  ;  hcsidcsj  it  is  late, 
uuinot  atay. 

tonujy  GtneruL  My  lord,  I  thiuk  it  may  i 
ry  proper  to  have  one  other  argument,  the  | 
week  ill  Easter  term. 

rd  Chief  Justice,  Take  what  day  you  will, 
Attorney. 

tornejf  General,  Let  it  be  the  first  Friday 
t  term,  if  you  please,  my  lord. 
vd  ChiefJwttice,  Let  it  be  so.  Look  you, 
Recorder,  I  perceive  you  do  agree,  that 
'Mition,  scttmg  forth,  that  the  km^  having, 
i^ucd  the  parliament,  and  thereby  that 
Don  justice  had  received  interruption  ;  you 
justified  in  your  plea,  (i  took  it  always  to 
;  and  now  at  the  bar,  that  the  king  by  the 
intion  did  interru|>t  the  justice  of  the 
lom. 

r.  Recorder.  No,  no,  my  lord :  then  I 
reason  to  apeak  again,  to  make  myself 
ly  understood. 

rd  Chief  Justice.  Why,  look  you,  you  do 
!,  that  the  king  liad  prorogued  the  parlia- 
,  and  thereby  that  public  justice  was  in- 
pled  ;  if  that  were  so,  by  whose  meaus, 
iy  whom  did  the  public  justice  receive  in- 
ption,  if  not  by  the  king  ?  I  did  take  it  to 
really,  and  that  yon  had  justified  it. 
'.  hecorder.  My  lord,  I  tlo  a^(ree,  as  we 
ud  the  king  himself  suid,  that  these  acts 
not  passed,  nor  the  Lords  tried  ;  ni»d  so 
K  was  not  done  :  and  I  would  ask  your 
bip,  or  any  other  indifferent  piTSou,  whe- 
lustice  Mere  done,  or  necessary  provision 
lese  things  made,  if  those  bills  were  un- 
d  ?  if  it  were  so,  it  is  a  natural  truth, 
Jiereby  the  trial,  and  acquittal,  or  con- 
ation of  tlie  Lords  was  interrupted  ;  and 
IS  the  nec'urity  of  the  king^s  |)erson,  and 
Votestaut  itrfij^ion,  the  bills  not  being 
d.  For  the  kuig  cidls  upon  the  parlia  • 
to  pus  them  the  next  session,  therefore 
were  not  passed  in  the  furmer  session, 
b  by  no  meana  a  charging  of  the  inter- 
90  of  justice  upon  tlie  king  ;  every  gveat 
't  that  is  done  by  tlie  king,  may  have  a 
dicial  influence,  a  may  bt>,  as  to  some 
ndars  ;  hut  to  say,  that  thereby  justice  is 
rnptcd,  is  not  to  chaq^  any  blame  upon 
iog  ;  because,  though  it  niay  be  prcjudi- 
B  one  particular,  yet  it  may  be  useful  to 
ubfie.  No  doubt,  if  the  king  do  prorogue 
•rliament  for  never  s(»  great  ends,  and  ne- 
ly  causes,  yet  if  I  have  but  one  bill  pass- 
bere,  sup|»08e  it  be*  a  private  bill  about 
faliiaiKWi,  or  the  like,  if  a  pnimgution 
it  is  nal(ir«l]y  true,  that  that  is  mter- 
;  but  thmt  is  not  laying  a  blame  up<iu 


: 


^^kief  Justice,  May  it  be  saiti,  tliat  tlie 
icjinlwe  is  interrupted,  if  a  bill  for  natu- 
■Uon,  or  the  like,  uass  not  beibre  the  pn»- 
cin?  1  fp^  it  for  this  only,  that  they 


that  argue  next  may  think  i>pon  it.  The  Peti* 
titm  does  say,  that  the  public  justice  was  in- 
terruffted:  did  they  mean  it  \%  as  true?  or  did 
tliey  mian  it  was  not  true  ?  If  they  4lid  mean 
it  was  true,  then  you  have  done  well  U)  justify 
it^  to  say  it  was  so,  and  the  king  had  done  amiss 
iu  proroguing  the  parliament.  Yet  it  seems, 
tlie  conmiou  council  of  I^ndou,  neither  by 
charter  nor  proscription,  had  any  right  to  con* 
4roiil  the  king,  nor  to  be  of  the  king's  council 
neither  ;  and  therc^fbre  it  was  a  matter  purely 
dehorn.  If  the  niotter  were  not  true,  why  Jo 
you  put  in  your  Petition  ?  If  it  be  true,  justify 
it,  if  you  can.  But  here  is  the  matter ;  I 
wouhl  have  a  good  answer  given  iiic  to  this 
|>oint :  Jhe  Petition  was  to  the  king ;  if  so  be 
the  Petition  hafl  been  delivered  to  the  king,  (as 
it  may  be  it  was)  it  was  but  one  single  Petition 
to  the  king  ;  that  might  be  well  enough,  if 
tliere  had  been  no  more  in  the  case,  it  is  very 
possible  it  might  not  haie  been  a  question  at 
this  time  :  but  pray,  I  would  know  of  them 
that  argue  next,  iy  what  law  or  authority  it 
was,  and  what  was  the  meaninr^  of  it,  that  that 
which  did  not  require  two  clerks  to  write,  in 
order  to  its  being  presented  to  the  king,  must 
be  printed  ?  By  what  law  is  it  to  be  justified  ? 
-the  printing  and  publishing  of  this  Petition, 
and  sending  it  all  over  the  nation,  whereby  the 
mayor,  aldermen,  and  common  council  of  the 
city  of  London,  do  let  aU  the  nation  know,  that 
they  do  look  ufKin  the  king  as  one,  that  by  the 
prorogation  of  the  parliament  had  given  the  pub- 
lic justice  of  the  nation  an  interruption?  Pray 
by  what  custom  or  law  is  this  publisue«l  ?  In  the 
cas(*  de  iibtltis  fuitums  (even  in  the  case  of  a 
sulijcci)  it  is  a<)judged,  fhat  if  you  print  a  libel, 
though  the  matter  of  it  be  true,  you  shall  be 
punislie<l  for  it :  now  when  it  is  argued 
again,  I  would  desire  some  good  satisfuctiou 
in  that,  what  reat»oii  or  ground  there  was  for 
priutitig  or  publishin;^  this  Petition,  unless  it  be 
to  that  intent  which  is  s(>t  forth  by  Mr.  Attor- 
ney General  in  his  replication  ? 

Now  for  the  other  point,  as  you  have  onlered 
the  matter,  you  bold,  thai  a  corporation  cannot 
be  tbrfeitcff.  Mr.  Solicitor  did  take  some 
ftains  to  argue,  that  there  was  no  statute,  that 
did  protect  you  from  a  forfeiture  ;  he  wii:;  not 
aware  of  what  you  did  insist  u|>on  :  you  say, 
that  by  tlie  c*oiiirjou  law  corporatioiis  cannot 
forfeit  their  being  ;  if  so  be  they  cauii(»t,  there 
is  an  end  of  the  question.  But  I  pray  you  do 
^ou  take  it,  tliat  a  nir|M)ration  can  commit  any 
corporate  act,  or  no  ?  For  according  to  your 
de^mitioii  of  the  matter,  if  lu -thing  will  nerve 
but  the  act  of  the  mayor,  ahlerincn,  and  all  the 
citia.ens,  1  belie\e  I  may  safely  say,  and  so 
Hill  etery  one  else,  that  ne^er  any  c*or|»orate 
act  was  done  by  the  city  of  London  since  it  \\  as 
a  city. 

W  e  know  on  the  other  side,  and  you,  when 
it  makes  for  yc»ur  tura,  told  us,  that  the  mayor, 
ald4>rnien,  and  couunon  council  could  make 
by-laws  and  X\\r\  were  good,  and  binding, 
that  is,  when  it  lay  in  your  way.  For  \  .»u 
make  a  prescription  in  ^o>m  v^ei,  ^u^«^  '^•^ 


147]  STATE  TRIALS,  34 ChaRlbs  II.  l6S2.— /Vocwding^iei 

nialicioiuty  saggested  of  M 
-'     '   -f  — ■ — Lsudi  Ui — 

if  his  mv 


1  at  the  bar,  that  tbey  mav  make 
id  the  eorponktion,  so  that  it  scents 
wbea  it  is  for  _vour  fonveniency,  then  the 
miyor,  aldermen,  and  common  council  can  do 
as  miich  as  all  the  corporation  ;  but  uheo  you 
come  tn  be  tuui^hnl  ivith  nomethin^,  that  you 
hSTedone,  in  which  jon  havB  gone  bejoud 
what  you  should  hare  done,  Ihcu  the  citizciLs 
ore  50,000  men,  and  these  are  but  350  [lenioas, 
that  have  duue  ibeie  things.  Either  the  mayor, 
aldtmiea,  and  <:oninioo  council  ure  the  govern- 
ing port  of  the  corporation,  or  else  tbey  signify 
jnn  nothing :  if  tbey  be,  then  wliotsocvur  they 
i^^ree  u{»ia  binds  tiiewliolc,  and  iiiitsth<!  taken 
as  a  eoiporale  act ;  or  otherwise  you  will  bring 
it  lu  this  pats,  that  the  corporation  caa  do 
nothiug  at  all.  For  if  the  WQule  ctn^ration 
be  uttt  bottnd  by  such  an  ad,  then  it  is  impos- 
sible for  v«i  ever  lo  do  an  act  thai  shall  be  an 
act  of  tbc  eor|)oration  ;  so  that  that  will  be 
pretty  hard  for  you,  that  are  fur  the  city,  I 
think,  to  mamlBu).  Tben  Ifaare  butone  uocd 
more  (I  give  no  opininn,  but  only  tell  you  what 
I  would  have  you  apply  yourseWes  to) :  is  the 
trust  of  m^ingby 'laws  annexed  to  the  lord  of 
the  tnarkcl  ?  or*  U  is  annexed  to  the  lord 
mayor  ?  or  it  is  aiinexed  to  the  coqioralion  T 
Surelv  the  power  of  making  by-laivs  is  wi- 
ncxM  to  the  COrn'"^'ien  ;  and  1  cannot  3ee 
how,  aa  owners  nrthe  markets,  they  have  thai 
[lower.  Now  by  your  distinction,  where  th«e 
■s  a  frauthise  that  does  aecMsarily  depend  upon 
another,  there  the  abuie  of  any  part  d'>es  for- 
fbil  thevi'b.'lefrancbise.  If  llien  this  power 
be  annexed  lo  the  eorporalion,  as  sure  I  ihiiik 
it  is,  (but  1  veseriE  myself  till  I  Lave  heard  a 
further  argument  about  it)  tlien  consider,  whe- 
ther Or  no,  when  they  have  abused  that  power, 
in  making  Ihis  by-law,  that  is  knit  to  tliem  as 
a  corporntion,  it  does  not  alfcct  the  being  of  a 
corporation  ?  For  it  is  strange  a  corpnrolion 
should  commit  a  fault,  and  not  be  punislied  for 
it.  I  tell  yuu,  I  deliver  no  opiruan  in  any 
thing  now,  but  these  things  I  would  have  you 
etve  me  some  satisfai;lion  In  ;  and  thi,'re  are 
mdced  several  other  things,  that  will  require 
emtsideralion  ;  I  only  hintuieiienow. 

The  Second  Anfumeul  was  in  Easter  Tcnn, 
«n  Friday,  April  27, 1682. 

ARGUMENT 
Or  Mn.  Attorkev  Gbneral  (Sir  It.  Sawveb.) 
Alior.  Gen.  This  case  between  the  king 
and  the  cily  must  be  acknowledged  to  be  a 
case  of  importance,  both  as  it  refers  to  thp  gf- 
nerol  gottrRnieul  nf  the  kingclotn,  and  that  of 
the  city  in  particular.  As  it  concerns  the  par- 
ticular of  ilie  cily,  it  dnth  not  bode  such  dis- 
mal conseijucniv^  as  tome  men  endeavour  to 
frighten  their  neighbours  uiih  ;  as  iT  it  were 
hereby  designisd  to  demolish  at  once  all  their 
Kbcrnea,  and  lu  lay  woslt'  and  open  tlie  city  of 
I-oudoiL,  and  lu  reduce  il  lo  the  eooditiou  -if  a 
country  village,  than  which  tio(hhi|f  could  b« 


ily  a  „„ 
who  lintlieiTensudi  Uij;* 
of  hi!  '    " 


tions,  not  only  o; 
people's  wellore,  but  o1 
parlieular  kindnes:^  to  tfab  dty 
Tliis  Quo  1^'ILrraIllo  is  not  brtxigtt 
but  lu  retbrm  and  ameiid  the  gQ< 
Ibucit}',  by  running  off  those  eXcci 
orbitauees  of  poiver,  w  hicfa  tome  ta 
to  their  duty,  and  the  known  lawi 
have  assudied  to  liMtDselrts  nndt 
their  coriHirate  capacity,  to  the  rcvi 
prince,  Ihe  oppreasion  of  their  fdl 
and  ta  the  inUniie  disquiet  of  Ibfu 
sens.  I  shall  not  recount  the  uiiM 
those  exorbitances  hai  e  of  Ulc  wre 
the  city,  botli  as  to  iis  peace  andpr 
wise  to  the  obstruction  of  the  Ira 
justice,  that  few  causes  eicaped 
of  nluitilctiance  fiTnn  a  divided  pa 
exodiitanccs  commiitcd  by  the  c 
Mr  gniat  on  influence  tner  the  ' 
dcin,  moke  the  king's  iolnposidaii 
oi'law  necessary,  by  gently  lajis 
npoo  ihiim  Tor  their  cure.  Her 
liJc^  body  of  his  Hibjects  reaeiidrin 
ihal  tlie  disaffected  meuibcrs  are  b 
laying  on  the  king's  hands  upon  tfa 
hatbbeen  obaervcd,  that  tlie  cit] 
was  never  belter  governed,  nurAou 
than  after  it  ciinte  from  imderthel 
The  reason  given  by  Edw.  1,  at  hi 
in  \S  Edw.  1,  ofilLiiialofthc  pH 
citizeni  of  Loudon,  to  be  resUr 
formerslate,  sdl.  To  lia\e  a  mnj 
ancient  iibeities,  is  thi^ :  '  <^ia  i 
>  statu,  et  omnia  bene,  el  in  pact 
'  ronimodum  apparet'  lo  ehangc  it 
city  was  in  as  good  p%ht,  both  ai 
and  guud  government  and  profits 
in  the  hands  of  the  king,  under 
law  goveniuieiil,as  it  wonld  be  in  i 
the  corporation.  Neither  did  dit 
by  being  in  the  hands  of  the  crow 
in  the  reigns  ol'  Edw.  I,  Edw.  S, 
Richard  S,  nor  their  aocienl  cusll 
vileges  destroyed  i  bul  lliey  « 
indeed  reiitratoed  and  held  within 
rules  of  govemnient,  in  suboRfia 
general  gorenuneot  of  tiie  kin 
iherrlbre  tliC  danger  tlire«lcned 
will  not  be  so  laid  to  the  bein"  on 
the  city,  as  was  suggeslwl.  S 
with  fivcat  Bssunmce  nay,  till*  d 
ceive  the  least  harm  hereby,  their, 
nagers,  ubstinule  ami  linal  iopcD 
draw  it  npouthemsHres.  ForUW 
cJuijiDU  of  the  n.-plicaiioD  upon  the  i 
That  tile  liberties  t>e  seized,  al 
'  iisdcm  penilus  exckid:in'cr,'  *' 
funiisl  conL-lusiou  iipi>ri  a'i<i!.'Tin> 
feitures  ;  itsliena  "li:ii  the  Jwfa 
law  may  be,  if  deinmnli-'d  by  ttial 
oey,  and  necessilaloii  l>y  the  91 
bul 'i nth  not  exelode  itie  1' 
the  iiupurlaaee  of  lliii  ■ 
venusent  of  the  kingxloiB,  ihll 


5]     STATE  TRIAl^,  34  Charles  II.  l682.— anrf  the  City  of  London.     [115O 

mfty  reserve  the  entire  ounslderution  thereol' 
to  its  propter  place.  And  therefore  I  shall  call 
it  a  ri^ht,  for  siicli  most  certainly  it  is  ;  and  it 
includes  both  <  Jus  ngendi,  et  Jua  habendi/ 
Retbre  mc  can  arrive  at  the  main  question,  cer- 
tainly preliminary  points  have  licen  moved  and 
debated  ;  Home  to  the  form  of  the  suit  and 
pl«  adings.  others  rehitin^  to  the  matter  thereof. 
To  the  lin-ni  Mr.  Rccmer  took  three  excep- 
tions : 

1.  That  the  information  is  not  welllaid,  be- 
cauiie  noi  urou^ht  against  particuLur  membe» 
by  name,  whi«'li  outrht  to  be  in  all  cases,  where 
ihc  right  Iff  corporations  is  questioned  or 
.-itruck  at. 

2.  That  the  replication  is  ivorse,  importiim-  a 
contradiction  both  to  the  sup|iosal  of  the  inSr- 
mation,  and  to  itself ;  because  it  denieth  Lon* 
don  to  be  a  curponitlon,  which  the  informatioo 
allowed,  and  admitted  it  too,  to  be  a  coipoim- 
tion,  by  assigniDj^  causes  of  forfeiture. 

3.  That  no  judgment  can  be  given  npoo 
these  pleadings,  either  of  Seizure  or  Ouster  ; 
not  of  seizure,  because  the  Idng  cannot  seize 
what  he  cannot  hold  when  seized :   And  the 


;  anil  ttie  consequences  thereof,  both  to 
iinfi^,  and  his  subjects  ui  general,  appear 
far  i^-reater  than  Ijcfore,  from  the  manner 
miinds  of  the  defuiiee  made  for  the  city 
be  bar :  nz.  from  the  general  topics  of 
orations,  That  they  are  immurtail  and 
aolnble ;  that  no  treasons  or  jict^itions 
nst  their  prince  can  be  committer!  h}  the 
ibers  of  a  cor|ioration,  even  thouiifh  those 
ibers  meet,  and  act  jointly  in  the  satno 
aer  and  method,  as  tiiuy  (fo  all  other  cor- 
te  acts  ;  no,  tli«)it«7li  they  sliould  voir 
Rg  of  men  :tt;;uiii!tt  their  prince ;  ami 
lUt  give  uiithoiitv,    umicr  tlicir  coninidn 

to  levy  money  lor  ihnt  pr.rjK»so  ;  that 
den*,  lelonieK,  and  oppressions  6t'  their  fel- 
mbicH^ts,  either  by  iniinst  imprisonments, 
■vying  money  upon  them  ;  tiiat  none  of 
i  crimen  committcMl  hy  the  uiajority  of  the 
ibers  of  any  corporation,  and  authorised 
ar  the  common  seal,  will  ailed  the  corpora- 

or  the  gnvemment  thereof,  in  point  of 
itnre  :  But  a  coriMiration  once  constituted. 
It  of  the  reach  or  the  common  law,  to  de- 
nne  its  being,  or  its  go\  crnnients,  for  any 
es  whatsoever.  If  such  notions  as  these 
d  be  true,  or  should  rccilve  the  least  coun- 
Dce  in  a  court  of  law,  it  would  be  unsafe, 
9  for  the  king  or  any  of  his  subjects,  to 
in  or  near  a  oorpomUtin.  And  the  com- 
a  made  by  the  (.'onmions  in  parliament  21 
S,  that  the  increas<f  of  iVanrhisci  tended  to 
stin:;uishnient  vlvA  o'.crthrow  of  the  com- 
law,  woulflsoon  be  mndc  good  to  the  pur- 
^  when  such  giTO.t  bodios  of  men,  ns  tlie 
ocarinnH  ivithin  Kn^land  consist  of,  shall 
ly  liavc  a  fiower  alloweil  them,  *  Quidlibet 
piine  audendi,'  without  beuig  capable  of 
ration.  The  distinction  l»etween  the  po- 
cafKicity,  aiul  the  ratural,  to  subject  the 
to  punishment,  and  not  the  other,  was 
led  in  the  Jesuits  sehfx)l,  to  encourage  sub- 
i  to  reliel  against  their  princes  ;  but  never 
to  far  imprtiTcd  the  distinction  to  ap])!y  it 
irporations,  which,  if  they  had  thongiit  of 
ouhl  have  iKHin  ntnrc  rlht.*acious  to  ilieir 
lose,  than  a«  tbi-y  nppUfNlit  ;  assunuuM*  of 
ODtty  b^ng  the  strongest  argum<'iif  for  a 
missfon  of  anv erlnr.?.  Tl:»j  I'aso  lKi:u' of 
I consi»quenceW.li  {*-,  iht* king,  and  hi*;  ^u.'»- 
I  in  general,  I  shall  iT.d.^i'.fKir  to  #vvrt'u»:K' 
?  the  rules  'nnd  prfcc'.;, -its  of  hiw,  t]i:it  I 
'  K\'tT  tvhat  is  m«'n*  iv»Ti«»naK  frf'n»  '.\  Ii.;t  is 
ubstance  in  it.  I  ihrlK-ar  10  tnuihif*  the 
rta(;ain  with  npenin^r  thi'  \thi>le  plciidhi'^s, 
ifaall  take  the  c:is"  aj.  i?  hn{\\  born  openwl : 
wan  the  general  «jnt'«»tion  is,  *  Whether  by 
y  thins  disclo>:  d  upon  t'le  pk'a^Iings,  it  ap- 
■rto  tne  court,  that  the  mayor,  citizens, 
d' commonalty  <if  liondon,  have  forfeited 
Br  right  cf  bf*ing  ami  acting  as  a  IhmIv  p<i- 
hi  and  subjected  that  ri;^htto  be  seized  into 
llkiitt's  hands  ?' 

imrany  of  the  question,  I  forbear  to  style  it 
indteiir  liberty,  that  I  may  not  by  anlici- 
h|^pi«Elilde  the  forcri  of  Mr.  lt(frordv.r*s  ar- 
Mt|-Thltit  is  DO  tifaertv  or  irandiise ;  but 


body  iiolitie,  by  which  name  it  is  sued,  cannot 
be  ousted  of  itself. 

The  great  triumjdi  Mr.  Recorder  had  erected 
upon  the  strength  of  these  exceptions,  as  for 
an  assured  victory  alreaily  obtained,  makes  it 
necessary  ftir  me  to  give  a  more  particular  an- 
swer to  tliem,  than  their  weight  would  other- 
wise require.  For  the  authorities  cited  by  him 
argue  very  little  to  this  jiurpose  :  And  indeed 
he  hath  been  so  imfortunate  hi  quoting  of  au- 
thorities, tliat  how  little  so  ever  they  seem  to 
make  ibr  him,  as  to  the  point  lie  producedi 
them,  yet  they  flatly  make  against  him  in 
some  other  material  |K;int,  not  only  by  his  au- 
thorities, hut  his  objections  themselves,  to  the 
form  of  the  imormation,  admit,  that  a  corpo- 
ration is  in  its  nature  separable  by  judgment  of 
Oiisttn*  againikt  the  particular  members  by  thoir 
natural  names.  The  opinion  of  my  lord 
Hales,  in  his  Cunnnon- place  book,  Q,uo  War- 
ranto, fol.  168,  i>l.  7,  atjgues,  he  did  not  think 
of  the  indikkioluliiiity  of  corporations  ;  but  it  is 
no  opinion,  that  the  oidy  way  to  impeach  them 
washy  a  xnit  auTiinst  frartieidar  persons;  for 
it  is  only  a  short  reference  to  the  cases  of 
f'nsprk,  niid  otl»ers  of  Irc^laud  ;  and  Farrer 
an'l  ot!ii:*s  of  the  \  ir^inia  company  :  Which 
o:lsi'.s  (.is  uUo  that  of  Fi^licr,  HeLlen,  and 
(»ihf?rs  (.f  \ho  lK)rou;::h  of  Ilebmerley :  tlie 
(uisu  of  the  MiLsii'ians,  and  the  l(<'niiudas  com- 
pany ;  and  the;  other  cases  c'ited  by  Mr.  lie- 
c'order)  do  fully  prove,  that  eoqmrations  ace 
(runcrhises,  and  may  l)e  questioneil  and  im« 
|H.*arh(?din  the  very  |M>intof  being  corporations 
by  suits  of  Quo  Warranto.  And  tlicy  do 
prove,  that  the  suit  may  be  brought  against 
Knnie  panicular  niemlx:rs  by  name:  And 
against  the  rest  of  the  corporations  by  the  ge- 
neral words  ;  as,  *  Et  alios  liberos  homines,  et 
*  alios  bnrgen5M>s,  et  alios  de  frateniitate.* 
Ami  these  general  words  arr  material  and  o{k.  - 
rative  j  for  a  judi^cmt  \V<i\\:\vv»^^^^-*^^^  ""^'^ 


finite,  the  eaies  frequently  fdluig  outblbi 
assizes ind  in  this  court.  ItissoiocanK 
Warranto.    Hot.  16,  S.'i,  R.  a  QaoWi 
affainst  the  inhabitants  of  Denbigh,  [lUi 
J^iza.  Co.  Knt.  637,]  for  osinff  lefQalli 
ties,  as  to  hold  a  court  of  pleas  oHore  the  I 
liif,  and  choosing  two  aldermen,  &c.iipco| 
and  deuinrrer,  judgment  of  setzure  ii  |' 

*  et   <]u(id  inhautaiites  capiantur.'    A 
Warranto  brought  by  Gemrd  the  Queca^i 
tomejr,  against  '  Homines  et  teneoleilli 

*  do  King^s  Hanrston  in  Com.  Bedford,' 
40  Eliz.  R.  38,]  Ibr  claiming  to  be  <yKl 
of  knights  wages,  ^.  t]i«y  pleaded  tbei 
to  he  ancient  demesne ;   and  their  pla 
ctmfessed,  and  judgment  for  the  tenanlii 
out   uaming   auy  particular  tenant.    1 
goiieral  names  ol  inhabitanti  and  teoiilii 
sufficient  descriptions  of  the  persons  wk 
king  sued ;  and  yet  tliis  suit,  by  those 
works  no  conclijsion  that  they  were  a < 
tiou.    So  'Gives,  Burgenses,  et  Cod 
of  such  a  place,  are  general  names  to 
the  inhabitants  of  the  place  by,  aotecetel 
tlieir  being  a  corporation.    The  like  of  oif 
baiiifT  and  burgmes,  mayor  and  ciliseBiii 
*pontenarii?'  where  burgesses  is  bat  n 
dition  of  the  name  of  an  officer  to  tbe  ci 
nion  name  of  the  inhabitants,  and  prnpoj^w 
scribes  the  persous  whom  the  kin^  soclbt  P* 
these  names  of  general  descripuoo,  tbef  i 


1151]  STATE  TRIALS,  34  CtiAELES  II.  i6S2.'-Proce€dingaheiweiutkiEk»g[\] 

whole.  In  the  case  of  Cusack  (Pasch.  17. 
Jac.  Hot  2.)  awnst  particular  members  by 
name,  *  cum  diversis  aliis  civibiis  civitat* 
Dublin*,'  judgment  was  given  to  out  not  ouly 
the  particular  men,  but  <  alins  ciYCfi,  ci  sue* 
*  cessores  suos.'  Upon  the  Writ  of  Error,  it 
was  assigned  upon  record  as  one  of  the  causes 
of  Error,  that  judgment  was  given  to  out  the 
corporation  of  those  liberties  ;  yet  no  jiarties 
biy  their  names  of  incorporation;  but  judg- 
ment was  affirmed.  And  the  querc  that  is 
made  in  llolls  2  Report,  in  tbe  case  of  Ferrf:.r8 
(Mich.  21,  Jac.  1,  Rot.  9.)  aiul  others  of  the 
Virginia  comjiany  ;  whether  the  corporation 
were  barred  ?  proliably  did  arise  from  the  non- 
observance  of  the  reconlH,  where  judgtnent 
was  given,  as  well  against  the  '  aliiw  planta- 
tores,'  as  the  particular  men  made  parties.  In 
both  these  ca^es  the  suit  was  as  well  agaiost 
the  rest  of  the  corjioration  as  the  particular 
men :  Tlic  appearance  by  Attorney  was  entered 
tor  both,  apd  the  plea,  as  well  in  tlie  name  of 
the  rest,  ns  the  particular  men,  and  judgment 
against  l>oth.  And  the  jud^'ment  against  tlie 
Virginia  company  dischargeil  thatcompanv. 

liie^,  and  the  other  prec<Mlent»  produceil  b^ 
Mr.  Recorder,  do  prove,  that  the  king's  smt 
may  be  brouglit  against  particular  persons  by 
name,  and  against  the  residue  of  the  corpora- 
tion, by  ii  sfcucral  name  of  *  et  alios  homines  *,' 
or  against  particular  persons,  and  also  against  ^ 

th(>  corporation,  ]>y  the  vcr^  name  of  ineor[M)-  |  capable  to  take  this  right  of  incorponMikf  ] 
nilion,  :is  tin*  c:tsc  of  Benntuiris  c()iiipaii\  ;  j  the  kind's  ifnint.  The  grant  cIuthiiotuuM 
Rut  O'ty  <!«>  not  aruuL-  tlir  kinif  hath  not  a  fur-  I  them  to  take  this  ri«^iit :  and  il'liy  such  geDerd 
thor  ilniion,  tiilM-r  to  hiiny-  his  suit  for  (jiies-  !  names  in  the  kinif's  irnint  lirey  iu*y  U^« 
tioninir  the  corporation,  hy  tiit*  prcjpcr  nan»e  of  I  there  ean  no  reason  he  assigned,  why  tbe)Hi^ 
incorporation,  >*ithout  nainini;  of  partirnlar  >  not  he  siuhI  by  the  same  name  ihcy  took, whei 
jwrson,  or  hy  stmw  otlier  cfontral  name,  which  they  are  questione<l  for  this  riiflil,l»e  thenafflerf 
^ufliciently  descrihes  the  persons.  I  shall  corporation  the  same,  or  any  other.  lp« 
ihen'fore  «ipply  those  answ  oi*s  to  the  ohjtM'tion  pleadin^fs  in  tlie  case  of  a  eoniraon  pen* 
^varranUMl  hy  pre<*edentsof  law;  thai  where-  '  Major  et  Cives*  shall  not  necessarilv  be  ■• 
4'\er  many  persons  are  jcMnil\  conctinetl  in  tended  a  corporation,  without  it  be  cspeowf 
i'hanje  or  ilischarjje,  and  the  tin^  hatli  cans** 
of  suit  ;iy:aiMst  them,  he  ma\  sue  ihoni,  cither 
by  natninQ*  souie  paiticular  persons,  with  a 
i;vneral  retVrenci?  to  others  ;    or  he  may  sue 

only  hy  a  comnum  nnnie  of  tlescription,  with-  !  a  custom  then*,  that  if  any  alfray  be 
out  admittinii  tlicm  to  be  a  coq>orntion,  espe-  j  upon  any  otficcr,  upon  complaint  to  the  naiffi 
cially  ^\llere  the  jjentral  name  sutHtiently  de-  he,  as  a'justice  of  peace,  might  send  fcrtk 
scribes  the  persons,  w  ho  took  this  corporal  ion  ;  oriendcr,  and  justifies,  under  the  con]ma"<lffl«t 
and  tliis  as^vell  foroilenees  atcommmi  law,  as       '*"'  '   "        '       '  "    "»**"••'— 

against  statute  laws.  A\  her*.*  nmrder  is  com- 
mitted in  the  day-time  in  a  walled  town,  *  tota 
'  villata  oneratur ;'  and  so  for  i-epair  of  hiyh- 

ways,  or   nuisances  in  hiijhwavs,   repairs  of  j  corporation,  althoujfh  it  did  appear  that  !»'«*• 

bridges,  ;uul  f.»r  levying  of  the   hue  and  cry.     hurv  was  a  city,  and  had  a  mayor;  niudik* 

The  kingN  suit,  cither  by  indictment  or  infoV-     shall  it  e»)uclude  the  king,  who  is  uot so  strict* 

mation,  hath   been   use«i    both   ways,    either     l\  Iwund  in  his  suits  as  common  persions  ««■ 

naming  some  few  particular  inhuhitants,  hut     ft  is  true,  that  in  the  ea.se  of  Maideoh«?adtbfl* 

then  always  with  a  general  nference  *  et  alios  |  are  three  judifLS   aijainst   Mounlague, of «?' 

•inhabitant's,'  which  i.s  essential,  otherwise     nion,  that  they  need   not  set  forth  the>-«J 

both   indictment    and    intormatiou  would  be  ■  cor|M)ration.  Ix'eause  tijev   are  not  que*«*« 

naught;  or  thev   arc  frequently  only  by  the  I  tor  it  by  their  inlormaiion,  hut  suppifd  » » 

ppeneral  name  of  mhabitants,  w  iihin   a  parish,     one,  aiid  4UPstioneil  onU  for  a  markeu  «fc>* 

faunclre<),  or  county,  as  the  case  is,    without     they  clainudh\  the kinifV-ff rant.    Intbe«a« 

nwnuitf   any  panicular  inhabitants  at  all.     To  ,  case  it  is  airret*,l,  if  thr\  had  l^^n  siiedbf  uj 

'.iicc  msuucesut  thus  nature  would  be  in-  1  other  gtueralname,  bGi  the  verv  uww ««  *' 


set  forth. 

Inter  Jerom  and  Neal,  20  Eli/.  B.  II  ll^ 
nanl  106,  in  tres:)ass  and  baUcn,  the  ^ 
fendant  pleads  Salisbury  an  ancient  atr,  •" 


of  the  ma\or,  to  hrin^  the  plaintiff  betv>rehiB' 
Aiul  on  denmrrer  joined,  and  judgement  ipi* 
llie  defendant  one  of  the  grounds  ihrttwt  n^ 
that   it  did  nt»t  appear  that  Salisbury  »»• 


3]    STATE  trials;  34  CHARbEsH.  iGB^.-^and  ike  Ciiy  of  London.    [Il5i 


Mnlion,  tbey  should  not  be  intended  a  cor- 
ilioD,  according^  to  the  case  of  the  king 
mi  the  corporation  of  Denbigh.  And 
lerer  looks  into  the  record,  must  conclude 
jDla^rue's  opinion  to  outweigh  that  of  the 
*r  three  judges.    The  suit  against  them 

by  the  name  of  the  •  pontenarii,'  the 
Hi  which  they  plead,  recite  the  corpora- 
of  the  *  pontenarii'  to  be  dissolved,  and  the 
It  is  a  new  grant  to  the  liridgeraasters  :  80 
there  was  no  room  for  any  intendment,  that 
HB  a  corporation  before  the  grant,  against 
r  own  plea ;  but  tluit  which  seems  m  the 

to  hare  preserred  the  bridgcmastcrs,  is, 

the  juc^;es  inclined  to  an  opinion,  that  it 
g  fur  maintenance  of  a  bridge,  which  was 
kcoessary  and  public  use,  the  grant  itself 
Qt  amount  to  a  new  incorporation,  which 
m  plain  waver  of  the  former  opinion  ;  and 
c  three  judges  had  continued  their  opinion, 
meot  would  have  been  entered  for  the  de- 
ant;  but  no  judgment  was  ever  given 
■t  case :  Ho  that  mayor,  citizens,  and  com- 
tky  of  London  being  a  general  name,  suffi- 
JjT  describinflf  the  |ierM>ns  against  whom 
ml  is  brought,  may  be  used  in  the  king's 
without  any  manner  of  conclusion  to  the 
.  But  in  the  next  place,  it  is  yet  stronger, 
;«  one  of  the  articles  of  the  suit  is  for 
ping  the  corporate  right,  that  prevents  all 
ir  of  pretence  for  any  conclusion ;  herein 
BHe  differs  much  from  that  of  Maiden- 
9  at  to  the  form  oC  tlie  information.  And 
cb  cases,  where  the  questioning  the  right 
ipectal  article,  the  form  of  the  infomiation 
•mne  against  all  corporations,  whether 
M  title,  or  altogether  usurped,  and  by 
If;  the  suit  supnoseth  them  all  to  be 
i«mg,aod  uBorped;  and  whether  by  right 
«ng,  cannot  be  knowi^  till  the  title  by 
Bogbediadosed  and  discussed;  and  many 
I  not  then  neither,  because  the  liberty 
be  lost  by  default  of  pleading,  upon  Nihil 
I  or  mispleader,  by  pleading  a  wrong 
or  imufBciently  pleading  a  right  title. 
dao  Warranto  *  contra  Pmepositum  et 
Mnses  b^rgi  sive  villse  de  Card,'  [B.  U. 

Car.  1.  Rot.  S8.]  for  claiming  to  be  a 
vMion,  and  divers  other  lilierties :  They 
I9  diat  they  claim  nothing  but  under  the 
IP  of  Bath  and  Wells.  It  appears  by  the 
thai  they  had  no  good  incorporation,  and 
toeot  might  have  been  entered  against 
• :  But  tSe  bishop  obtained  a  jgrant  from 

a  of  a  new  incorporation,  which  I  have 
perused,  and  tnercupon  a  Noli  pro- 
■via  entered* 

Qw  Warranto  against  the  commonalty 
(•d^  of  Canterbury,  [Hil.  Car.  1.  Rot 
Ihr  drinwngto  be  a  corporation,  and  divers 
rttHtiea :  They  plead  to  all,  and  several 
litriBBD  IB  several  parts  of  the  plea,  and 
Am  aasigncd  to  others  for  a  forfeiture. 
"winmiilo  ttniflst  the  biuliff and  aldermen 

rSodoor  [B.  U.  Mich.  20  Jac.  1  R.  17.] 
.At  wmo  BBtmre;   and  multitudes  of 
feiiloovliiiiodiieey  where  the  suit  la  brought 
▼III.     ' 


in  the  same  form  as  our's,  to  ijucstion  the  right 
of  a  corporation  i^petinst  them  by  their  coqMi- 
rate  name. 

My  last  answer  is,  that  where  the  king  pro- 
ceeds for  a  forteiture  upon  breach  uf  condition, 
the  right  is  not  determined  till  judgment  of  tm- 
zure  ;  tor  it  is  a  mistaken  ground,  that  forfei- 
tures to  all  purptises  relate  to  the  time  oi'  the 
forfeiture :  For  as  to  copyhold  estates,  offices, 
and  liberties,  in  case  of  tde  king,  which  may 
be  detei-mined  by  brcadies  of  fact,  they  arc  not 
avoided  till  the  liEu:t,  which  caustii  thetbrfeitiiro, 
be  found  upon  record  :  So  that  the  t»uit  is  well 
grounded  against  them  by  the  name  of  mayor, 
citizi^s,  and  commonalty :  for  lliey  continue 
such  till  seizure,  and  till  tlien  arc  a  cor|K)ratioii 
(it\facifl. 

2.  I  shall  be  short  in  my  answei-s  to  the  ob- 
jections to  the  replicatitm,  because  tliey  are  in 
effect  alnnidy  answered  by  what  1  have  said. 
The  traverse  of  the  title  by  prescription  is  jnir- 
suant  to  the  supiiosal  oi'thi'  information,  wiiich 
supposetli  they  nave  usurped  tliat  very  liberty, 
and  puts  them  uiion  shewing  their  title  by  tliat 
name;  even  put  the  case  they  \m\e  a  good 
title  by  that  name,  by  this  patent,  or  by  uct  of 
parKainent,  and  they  will  wa\f  it,  and  set  up  a 
title  by  prescription.  And  this  wun  done  in 
the  case  of  Canterbury'  before,  and  in  the  case 
of  New  Malton:  [lViii.6.  .lac.  1.  Rot.  3.] 
where,  uiionthe  very  same  infomiation  as  our's 
against  the  baihff  and  burgesses  of  New  Mal- 
ton in  Com.  Ebor.  they  pleaded  their  title  to 
their  corporation  by  prescrii»tioii,  and  issue 
taken ;  and  it  proved  fatal  to  tliein  ;  for  verdict 
and  judgment  went  against  them. 

Then  tor  the  ccmtrariety  of  the  replication  to 
itself,  none  appears  ;  for  the  traversing  of  the 
prescription  by  such  name,  is  no  denial  ;.but  it 
may  be  a  corporation  by  prescription  hy  an- 
other name,  or  it  may  have  that  name  aluo  by 
grant  And  the  farther  re]>Ucation  is,  that  as- 
suming upon  themselves  to  be  a  corporation  by 
that  name,  they  committed  the  several  acts, 
which  are  assigned  for  breaches.  And  that  in 
the  only  advantage  the  king  hath.  By  infor- 
mations of  Quo  Warranto  he  may  fp}  upon  the 
title,  and  take  advantage  (»f  any  detect  therein, 
or  of  the  nieading  thereof,  and  may  also  as- 
sign breaches  for  a  forfeiture,  as  is  held  in  the 
case  of  Maidenhead  bridge.  In  the  case  of 
Canterbury,  issue  was  takeji  upon  s<»nie  liber- 
ties, breaches  assigned  to  (»then<.  The  king 
may  pleail  scleral  jileaSj  and  take  sc'veral  issues 
and  demur  to  part,  as  he  shall  be  advised. 

3.  The  objection,  that  no  judgment  can  be 
given  u|K>n  these  pleatiiiigs,  arisetli  priiicii>ully 
upon  two  iiotal>le  errors,  against  plain  and  ex- 
press authorities  of  law. 

(1)  That  nothing  can  be  seiscid  into  the  king's 
hand,  which  the  king  cannot  hold  and  enjoy 
when  it  is  tliere. 

(2)  That  every  judgment  U|Min  a  forfeiture 
ouglit  to  be  a  judgment  of  Ouster. 

These  mistaken  grounds  having  liecn  so 
ofVen  made  use  of  by  Mr.  Reconler,  in  other 
parts  of  this  argunienl,  tot  auvv^^w^  ^  '^'^ 

4£ 


yubilinn,  lliiil  a  corparntioii  oaanrit  be  fDifciled,  I  of  a 
stiBll  (U>  uiJiiil  r«j>etitioii)  \eaxe  them   lo  be  |  1  bImII  cnnGuu  i 


ly  discnarsei 
'iJeretkai)  i* 


CuiuulianHl  wbi^  1  I'uiitt  ii>  his  main  ar^muit .  .         „                                   .  , 

«nd  tliewlorv    »bHll  iirocecd  to  coimder  the    muuy  natural  peramu  t*  br,  l.»i», 
prfUininury  pointB  biovbI  n-lmingto  ibe  mat-  '  ■-*  -  —  ■—' '  '■  ~ 


Ur;    ._. 

Fiwl.  WIwUiw  the  tiijht  ut'  incorporaiioo  of 

bring  a  body  iwlilio  iimj  be  forfeited,  or 

Hcizul  into  tbekiag'*  buida  I 

Admilting  it  may  be,  then, 

fittModty,   Whether    the  acts  of  Cnnunon 

councili  or   tbo  pi«iii)i«n  assembled  iii 

conininn  roiindl,  whkh  is  nil  one,  may 

w«rl(  "xifh  fnrtcHurts  or  cause  of  swziire  i 

Pint,  Ab  to  the  pint,  1  muA  conlesi  tbc 

vMbitTHg  of  nty   iiiidtrslHndiu^,    thai   upon 

wiiat  hnlli  been  offL-red  Iroui  reasou   or  autlio- 

ritieB  of  law,  1  otniiot  apprehend  U  rend«red  in 

Iho  I««Et  iloiiblful  lo  a  oourl  of  law.  n-1uite*er  it 

mny  U'tti  a  comDioa  haU,   anil  pubKc  assem- 

tdin  ul'  (hti  cily,  wliete  atroiig  bings  bate  a 

pT^erencn  before  a  rational  bead,  but  tliat  thn 

right  of  bring  a  boily  politic  may  be  forfated, 

<lr•lup«(ldt^d. 

Ilwas  moveil  as  a  doubt  by  Mr.  Solidtor. 
bnt  dw  a  vnl|^  «tm  obtnideil  tmm  public  priula 
upon  ibe  uiiiUiulcitig  and  unfaty  oitixens  ; 
wbicb  iKiMibly  gave  cncour^^uenl  to  tbe 
many  CKOrbilnncuacfMunntledwilbiD  tbe  <aXy_, 
aud  [larfioiibu'ly  lo  iboM  oon-  laid  to  iheir 
ohargw  ',  aitd,  l  ibongbt,  mfficieat  had  been 
■pukeii  byMr.  Molicitot  tohavo  presented  ibe 
tfrowth  of  M  mitchivTooB  an  error.  But  for 
toal  Mr.  Reconler  did  ri-  anrnw  es|>nuse  that 
Dpiniuu,  as  if  oo  mau  w«re  in  his  .r^lit  wits, 
tuatdidBOt  concur  nilli  himin  opinion,  and 
asif  therewere  somethiiiif  in  it  inileBd,  hatli 
laid  bis  main  stress  upon  it,  and  erected  it  as 
faiti  palludiinn  to  defend  th«  eity  by-  And  pro- 
bably Ibis  imag-e  (for,  if  examined,  Ifearitwill 
prove  no  other  than  a  work  of  imag-lnnliou) 
may  make  that  impressioD  upoo  some  men, 
thai,  conceiting'  theiusclies  tu  be  citizens  and 
aklenuen  of  an  invincible  and  iminortal  city, 
incaiioble  of  dissolution,  they  may  dream  of 
brin^  an  indejiendatit  wimntnuu'i.'alth  nitbin  a 
biogilom,  and  uDaeeoaiitablu  lo  the  king,  or  his 
laws.  It  is  tberefiirc  mode  necensaiy  Kir  me 
(with  your  leavi-)  tii  mis-snend  simie  of  your 
timeinspeaking  again  to  this  point  ;  which  I 
shall  do. 

1.  By  briefly  stating   what  tbin    i-)t;bt  Ik, 

whence  it  ariseth,  and  for  '.vhal  purpose  it 

was  framed  or  introduced " 

9.  i  will  examine  the  reaso 

C winced  b' 
i  foifeitiNl . 
9.  Thpn  1  shall  offer  the  reasons 

thoi'iliis  of  la"',  that  il  may  and    bath 
been  liirfciled  and   seized  inlii   tbc  king'i 

In  speaking  to  all  which  1  will  tiol  so  far 
diatnist  the  memory  of  the  Court,  as  to  repeal 
what  hath  been  so  wtll  iirg<J  by  Mr.  Soliciloj 
from  reaiuti  and  unthonlies,  but  shall  endea- 
'roar  lo  avoid  il  what  I  can. 

1.  A«  b»  Ibe  first  thing  proposed,  this  right 


ly  and  pmsn. 
Pmnnun  efficil,'  whic 
by  the  names  of  rM«nni 


books  expre^L  _ .  _ _ 

and  Corpus  Pojiticutn,  and,  a>  sodi 
bte  of  all  cinl  rights,  both  ■  babendi  r 
ThL-  bAtnimeots  «f  crcatiuii  of  ibsi  t 
tberlaitns  llicmif  uiMinplvadiafrs,  d 
t'laretb'!  nature  of  il,  vi*.  •  Oaod  lio 
habitnnieM,  Civcs,  ilingcMn.'  or  s 
general  niuite,  dnM-ribiiii{  die  pCTMn 
lo  take,  '  siut  unum  Cormu  (loi^ioi 
'  facln.  el  nomrnr.'  And  nb«  pr 
is  made  for  a  body  politic,  \«.  *  tl 
'  mines  el  Cives,'  or  ■  HoitiiiMS  M  I 
'  nuit, ««  a  leuipnrti  cwjiw,'  V-e.  ■  Iwi 
*  ('orpiis  Corporalain  n-  el  facW  pa 
So  thai  it  is  something  more  itiOB  ■ 
mere  iiamt^,  Corfu*  Corporalom 
iireaseth  it,  a  body  maJa  upof  sevo 
(todies  'iDUOUmcolleclarliMcitlvJn 
And  a  caqtoration  b  etivy  ivhrt  u 
boily  as  ail  army-,  fat  ibooKbtheN 
or  autliurily  be  not  sern  hv  wety  iiw 
body  united  by  that  autjinriiy,  Is  ■ 
but  die  bliinl  ;  and  if  the  kir^  or  Ihi 
uuind  the  nuUiority,  it  imsH  br  p(w 
shewn,  andisnavicibteinlhaeyaofl 
any  otlicr  right  wlu>t*ue«er,  «b<ns 
persons  are  capaMe.  It  srens  dn 
almost  beyond  all  excuse,  thai  the  R< 
London  should  never  have  seen  t 
body  potilic  assembled  ;  unless  he  a 
himself,  that  he  is  tbe  mouth  «f  tbe 
not  the  eyes.  Sit  James  Bang's  e«* 
b.  ulloH'S  it  to  he  such  a  ri^l.  It 
meniber,  separately  consideien,  hll 
h'jld  therein  ;  and  all,}*inlly  cowM 
au  inheritance  which  may  gv  in 
is  the  same  ri^ht  wbirh  tb«  Civil 


tiacions   uiiie;    aeu.    •  Si  Ret   ( 
alicui — Universilati  sictit  Civibvs  re 
[Lit.  950.  Braet.  38,  f.M 


b.  ft. 


'■] 


Natural  persons,  as  such,  are  e^d 
ing  and  holding  this  right.  It  baei 
nor  held  in  their  politic  capacity,  fc* 
taral  ;  for  many  men,  a*  mar.  ar« 
imion,  which  is  evident  hy  the  H 
creation,  and  the  pleadingninaHss 
it  is  '  Hciniines  et  Bnr^ises,  II 
•Gives,'  «ho  are  eonstttntwl ' mm 
'  Corporatiun.'  And  as  Ihi'  nstund  0 
an  essential  part  oonstiluting  the  bM 
»o  all  tlie  operations  and  rxerdse  vT 
are  only  perfonned  by  the  ssttnd 
SI  Ed.  4,  fot.  IL  That  book  Bnd<4 
rities,  are  expn.i«s  in  the  point ;  tis 
case  so  evident,  ihere  needed  W  | 
And  thercnirc  when  the  unestiM  I 
user  or  abuser  of  franrhi^rs  by  a  tMf 
must  of  necessity  bo  intended  fer  I 
or  negltj^K  of  Ike  nanit*!  f<NHi 


STATE  TRIALS,  34  Ch  ar  L£S  II.  iGSQ^^-and  the  City  of  London.    [1 1 5ft 
hat  are  employed  by  t hern.    Autl  the  ,  To  what  eud  and  purpose  such  corporations 


were  elected,  aud  allowed  by   the  policy  ot* 
our  laws. 

The  general  intent  and  end  of  all  civil  incor- 
porations is  in  order  to  better  govi;mracnt.  Go- 
vernment relates  prinei|>ally  either  to  persona 
t)r  things :  that  which  relates  principally  to  i>er- 
sons  uiav  be  properly  called  general  govern- 
ment ;  becaiiMe,  firoperly  sj^aking,  persons 
only  are  the  subjects  of  govemineut.  That 
which  relates  to  thin^  is  calk*d  special  gu-> 
veniment,  because  limited  to  the  manager}-  of 
particular  things,  as  trade,  charity,  and  such 
like  ;  for  the  government  whcrc*ot  severid  com- 
panies and  corporations  for  trade  were  erected, 
and  several  hospitals  and  houses  for  charities. 
Of  this  nature  are  the  TVinity  Houses  for  regu- 
lating navigation  ;  ami  so  the  College  of  Physi- 
cians, the  Corporation  of  Parish -Clerks,  and  a 
multitude  of  other  special  corporations  in  Kng- 
land.  The  only  end  of  erecting  these  special 
corporations,  was,  for  the  lietter  order  and  go- 
vernment of  the  several  matters  specially  com- 
mitted to  their  care. 

The  corporations  for  general  government 
only,  are  tliose  of  cities  and  towns,  mayor 
and  citizens,  mayor  and  burgessess,  mayor 
and  commonalty,  and  such -like.  Thecoqio- 
rations,  as  they  are  for  the  government  of  men 
only,  having  nothing  especially  committed  to 
their  incorporation,  so  they  are  erected  for  no 
other  end  or  purpose  than  government.  And 
if  either  at  the  time  of  the  incorporation,  which 
very  few  are,  or  afterwards  they  have  any  spc- 
ciafmatter  committed  to  their  care,  it  is  purely 
collateral  to  the  ends  and  desi:;n  of  erecting 
tliesc  sort  of  incoqiorations  within  cities  and 
towns.  This  appears  by  the  charters  of  crea- 
tion both  ancient  and  inoilern  ;  the  form  is 
mnch  the  same,  which  is  after  this  manner  : 
*  NoA  volentes,  fjuod  de  cetero  imper]>etuum  in 


will  rest  only  upon  this,  what  acts,  or 
fissions  of  tlic  natural  persons,  will 
is  right,  whoiTin  all  the  me  iiibor^  of 

have  an  intcrost  ? 

-ight  is  mertrly  of  himian  institution  ; 
vt'ore  as  to  its  birtli,  ibrni,  c:  lent,  or 
:  directed  and  8iippurtc«]  by  tin*  ptuni- 
VH  of  pach  count/y,  and  therefore  for 
on  is  styled  by  our  books  ]'>uhtical.  Bv 
Litution  of  our  laws,  this  ri^ht,  as  a)l 
ons  anil  franchise's,  Ls  lodgetl  in  the 
ind  thence  only  is  derived.  Bractcn 
i  question,  *  (luLs  concedtTe  possit  li- 
s  et  (|uibus  et  qualiter  transfenintur  ?* 
lives  It :  '  Doiuinus  Rex  habet  omnia 
;  manii  sun,  qutc  ad  Coronam  et  Ue- 
l>ertinent  potestatem,  et  liqpni  guber- 
n ;  habet  etiam  Justitiam  et  Judicium, 
nt  JurisilicLioncs  ;  habet  etiam  ca  quie 
era  pertinent.     Ka  qute  dicunttir  l^i- 

licct  pertineantad  Coronam,  jiossiuit 
atas  Pei-sonas  transferri,  sed  de  gra- 
18  Regis  speciali.'  And  tlicu  sheweth, 
:  grantees  as  usufructuaries  may  enjoy 
Jonec  amiserint  per  abusum  vel  non 
The  whole  cun*ent  of  our  books  to 
x>ncur  with  tliis  ancient  author  in  this 
it  none  can  make  a  corporation  but  the 
ich  |K>wer  cannot  be  prescribed  for,  it 
erent  to  the  crown.  The  principal 
of  the  Whitelawers  in  London,  who 
d,  that  by  the  custom  of  London,  the 
iy  art  or  mystery  might  act  as  a  guild 
iity,  and  were  capable  of  a  devise  ; 
1  their  custom  conGrmcd  by  several 
;  and,  no  doubt,  would  have  plcadefl 
he  acts  of  parliament  now  pleaded,  if 
id  counsel  had  then  thought  there  luid 

thing  of  force  in  them.    Judc^mcnt 
1  against  them,  for  that  none  had  such 

it  the  king.     In  that  case  it  appears,    *  eadcm  Civitate,  Bnrgo,  ant  Villa  [iis  the  caso 

"  Westminster  were    *  is]  Lil»ertat'  et  Precinct'  ejusdcm 


klibot  and  prior  of 

?  corporation,  and  divided  by  the  king, 
T  the  severance,  a  Quare  impedit 
id  by  the  prior  against  the  abbot. 

X rations  are  ny  the  king  alone,  as 
ptcr,  mayor  and  commonalty  ;  ' 
iie  pope  alone ;  some  mixt,  by  the 
their  temporal  possessions,  by  the 
heir  spiritualties.  Whether  the  king 
n  by  charter  out  of  parliament,  or  in 
t»  or  by  act  of  parliament,  the  king  is 
lonor/and  the  fountain  and  spring 
ch  this  and  all  other  liberties  flow, 
rporat.  S4.]  A  title  by  prescription 
ipposetli  a  grant  ui  or  out  of  parlia< 
a  IS  alknved  by  law  for  supporting 
issioiui,  groimd^  upon  ancient  grants 
neotit  of  memory  ;  but  by  what  title 
cseorany  other  rights  are  derive«l 
hether  grant  or  prcscriiition,  their 
emain  the  same,  and  tlivy  are  go- 
f  the  same  rules  of  law,  and  are 
il^t  to  the  like  civil  accidents,  the 
11  as  the  other. 
Cthi^^  ioquirablo  iitto  this>  head  is. 


habeatur 
^  Unas  certus  et  indubitatus  mo<lus  pro  castodia 
'  pads  iHMrtnc,  ac  pro  bnno  resfimine  et  guber-* 

<  natinne  Civitatis,  Rnrgi,  ct  Villfc,  ac  Populi 

*  ibidem  inhabitantium,  et  alinruin  illic  con- 

*  flucntium  ;  et  quod  (*ivitas,  Burgus,autVilIaf 

*  ]iace  Concordia,  et  nuiete  sini,  atl  formidi- 

<  r.rm  et  terrorem  malomm  delinquentium,  et 

*  in  pncmiumbononim ;  ac  etiam  ut  |>ax  nostra 

*  ceteraque  facta justitiaet  bonoreginuiie  il>idem 

*  mcliuR  cuKtodui  valeant  et  possint.'  These 
arc  the  grounds  upon  which  corporations  art 
erected. 

The  limits  and  extents  of  their  corporations, 
andjurisiliction,  are  limitetl  by  theur  charac- 
ters ;  and  there  is  a  plain  ditference  made  in 
many  charters  betvi-een  this  and  other  liberties, 
as  to*  the  end  of  granting  ;  this  being  ere<-te<i 
(miy,  *  pro  bono  regimine,'  being  a  burden,  and 
chfu'geable,  in  the  execution  of  that  public  trust* 
Many  other  lil)erties  and  privileges,  bothoi'c^ase 
and  profit,  are  granted  to  ihrni  'pro  nidioro 

*  sustentstione'  of  those  chargi-s,  which  tli«*  go- 
vernment would  nt.'ciissarily  require.  Since 
the  Statute  of  Mortmain  th«v  cannot  purclia«« 


!55]  STATE  TRIALS,  3iCuA»LEslI.  i6&2^ProutdiMgatamiflitS^H^^ 


widMUt  a  •ptcial  \on  OhilaaU.     Thcj  cannul  I  tii"t  •  CwporaHon  U-  m  lAotv.AttM 

cnicnwlritiit,  liv  eKcliiiliDg:  taiviimera;  Norris  muit  ImtKoualil  ODon  to  lukc il  iK 

•iM  Sla|i'j  lasp',  Hull.  ^'11      Sulhal  nopriTMe  it  be   ndmitUNl  tu  («  a  tilnty.llai 

buBffUmn  Iw  nsni-niwl  to  hellieendotcrea-  will  be    too    ttiaciL'.   IhM   ""^  " 

ioff  iWu.    IV   i«vira  of  nmkin^  bjf-l»w«,  fnuichi»e  '  -«----  -■- 

wIuciiHinciilpnl  to  b  mrpimitJciti,   is  only  for 
lirtlef  qiovt-miiuint :  anil  li.v  ihnt  rule  they  iniut 

HaviiiK  ivanuleml  ibi-  nMur«  «!'  ■  body  po' 

lilic  ain;rv-_'«t<',  whence  it  Smrs,  and  Tor 

nliAt  [iiirposc  it  wu  metal. 

S.  1  |tniccedti>e\aniiiielbefrrmiikdiDnil  rea- 

MHM  [imitucul.  wby  it  cannnt  be  liirfeited, 

or  scixcil  into  the  kind's  hauils  ? 

Many  (liiii^  vere  prodiicaj  by  Mr.  Reror- 

ddr,  lo  iiiakL-  \(nfK\  bis  aanertiun,  raoir  '  ad  ray- 

'  tutdum  [Kijiuliini.'  than  to  prrsnade  a(»urt 

oTkiw,  I  »illnoiiuia-;ir>«udyoiiTtin)e  inpenu. 

ing  the  jocular  part  oi'  ibe  ai^nient,  which 

may  inaktihci'itljceiissimlcoau  way,  and  tlie 

leaned  iu  tbe  luw  another  my  ;   but   I   shall 

GulUcltvf^lh(T»hiii  semis  to  hare  any  three 

of  HgmUMit.    Thr  i,TOuiNla  the  argument  wenf 

upon  seem  la  be  ibew: 

(1)  That  a  (M>r[Mini[ioa  is  no  liberty  or  fran- 
'  '       but  a  luere  capiuMty  of  miing,  and 


•aWy 


Thiu  it  cimiHrt  he  lurrendered. 
That  the  forfeiting  or  dissolrii^  of  any 
corporation  wai  nerer  put  in  practiet 
,   40  miie.b   as  cniuc  within  th 
*  HIV  mao't  imagioatioD. 
(l)  As  to  Ibe  first,  A  rorporstion  is  nt 
berty,  hut  a  rajjacily.     Now  it  is  prored,  i 
just  u  all  the  rest  will  appear  to  be  prored, 
*trong  arermeiits,  and  nuotations  ol  hooks  that 
prove  no  suoh  thing.     Tbe  authorities 
Inst.  150.  Bru,  title  ■  corporation  and 
tics.'     In  the  Institutes  tbe  nonlii  are, 
■  poKtic  is  »  body  to  lake  in  succession,  frametl 
'  aa  lo  that  wipwitv  by  policy.'    The  autlio- 
rily  is  cvpreui  against  him,  tliat  a  body  or  per- 
taa  poblichath  ampacity  to  take  in  succession 
and  is  not  a  ini-rc  capacity  ;   aod  the  other 
nords  of  the  saaic  author,  are,  <  and  made 
a  hodj  and  capacity  lo  take  and  grant :'  so 

■'■■'■lila  ;  ilneilherproveiiit  no  liberty 
■e  capacity. 

tit.  CurpuratioD,  prores  1(88,  for 
Capicily  is  of  larger  siifuiBcation,  and  incident 
to  natural  persons,  as  well  as  coqioralfi 
^nd  loch  ins-tancei  are  set  down  ud< 
title  of  Alienees,  <^c.  and  it  is  a  greet 
tioDtolhemuniory  ofso  leamed  a|>eivin,  that 
be  should  tliink,  that  corpiinuions  and  cajiu- 
c^ties  tiere  synonymous,  ur  that  he  Kliould  tau- 
tulugixe  in  a  title  in  an  Abridlfoienl. 

llie  defiultinn  Mr.   Itccorder  gires  of  a  coT' 
ponUion,   '  iliat  it   is  a. capacity  ul'  tuing  and 

beiiij(»ueil.'wtiith  sc      

in  bu  diiicoinse,  it  ii 
man  tabe  ■  animal  bij 
mere  capacity 
.    though  authuritics  fiiil,    and   proi 

■atier,  yet  it  k  of  that  iwiionMice  to  tlte  cause. 


this  aulbdr 
uurtobea 
niatufilro 


be  used,  and  trcll  imwI,  tiM  brvadi  4«UK 
will  amonnl  to  a  fiir&alarc.  And  dMirfh%  ft 
when  nutbiDir  vise  (an  be  fbuadH  tnntnt 
Kberty,  recoune  miuH  be  had  «  '  ^  ' 
argiiiDciit,  badud  with  IBwic  * 

1  never  m  Mihd  m  amy  ~ 

t  m  one  cm*.  In  ibc  «  

Int.  Quo  Wamnto,  anit  Hr.  Ki^d 
nion  in  Haywmrd  and  Fulclier'*n«r;fi< 
only  upon  the  cascnfHelnwIy.    DnDKNtf 
low  makes  no  tprmg  ;  ami  it  *u  ml  ll 
Recorder  spied  it  in  that  c 

enneul  bad  be«»  witlioiii  > 

If  the  nainthail  mtcd  uptni  thitpn 
and  Mr.  Noy's  opinion,  it  wouM  un  Ii 
authoritits  tor  it,  than  any  (vinid  be  pnti 
agniDst  it.  Itultiiefc  anrinultiliakxrfHi 
rities,  whtTcby  ourpuraliunsareiiM  olyia 
but  appear  to  be  lilHrrtim  and  fiwuAuMsi  ■! 
ral  hare  been  cited  by  Mr.  Kewida,  Md 
seen,  or  overiooked  by  iiitii. 

In  the  case  of  Cu«9Kk  and  other 
Jac.  1,  Rot.  3.1  in  all  the  parts  of 
isstilnlafiancniseor  liberty  ;  and  pi 
in  the  continuance,  *  Curia  adutfar*  nl^'M 
time  taken  to  adriseupoo  it  aaabfaWf.  J 
iDthecaaeofFarTpr[Mtch.  3.  Jac.  t.B>j| 
and  otli^n  of  the  Virginia  company  lb 
tbe  record  sdkd  a  liberty  and  tnDcUwvM 
in  the  judgment  iisdf.  Mr,  ?>oy  kow  i 
these  cases,  and  many  more  helore  IhuUMI 
but  knew  it  tn  be  Ibc  ^Lise  of  learned  lt*o.  a 
clear  cases,  and  of  daily  eipeneoce,  nnt  ti 
repeat  many  authorities. 

The  records  of  the  cases  cited  by  Mr.  H«w- 
der  of  the  borough  of  Hebmerly,  ibenwif 
the  AIusiciaDS,  and  Bermudas  compaiT,  la. 
do  all  call  it  a  franchise  or  hberly,  [T.  S,  Jk- 
1,  K.  3,  Hil}  Tbe  cases  I  have  already  tiKi 
do  so  too  ;  against  the  bailiff  and  bur^  <4 
New  Malton ;  against  the  mayor  and  cemm' 
ally  of  Canterbury  ;  againat  the  ponmeM 
bnt$r«e  of  Chard,  '['i  Car.  1,  R-  95,  T.  j,  C«. 
1,  H.  38.]  Many  mare  I  have  penucd,  M 
conceive  it  too  much  to  trouble  ue  coart  *ilb 
them  at  present.  It  is  certainly  true  in  <0  ibl 
recotdi  of  Quo  Warranto,  whtrevcr  ibnt  ii 
a  special  article  against  a  coqwration  for  banc 
a  body  politic,  it  is  always  impeached  by  ibl 
naiue  of  a  franchise  and  liberty  ;  and  milli- 
tudea  then.*  are  of  that  nature,  .tndinavdo 
a  case  I  omit  to  tiicntiKO  the  wriu  of  NM 
Ouiiltas,  for  entering  into  coriioraiiaaa,  M 
the  returns  of  tbeir  hulilfs  ;  which  roakt  Vt 
evidently,  that  uorporations  are  franchises,  mi 
theUtnitsuf  the  conwr-'*  — 
the  franchises  arc  alloi 

(9)  Tbe  next  argument  indrawn  from  tll«» 
tureand  ijuaUties  of  bodies  poliUc,  liialthgtM 
invisible,  immortal,  impeccable,  "^ 

im|>atible,  with  a  larffe  jargon  of  ■  noti  « 
■  eusiulioni*.'     Ccftaiuly  this  aqfuoMtfl 


)n,  and  the  hnlkd 


iBlthnM 
uin«l9 


STATE  TRIALS,  34  Charles  II.  l6S2^and  the  City  of  London,     [i  i62 

monk.  He  after  puts  the  case  generally  of 
other  corporations,  as  dean  and  chapter,  mayor 
and  commonalty :  If  lands  be  ffiveu  to  them, 
and  the  corporation  be  dis8oI\c<1,  the  lands 
shall  escheat  to  the  donors,  upon  a  condition 
in  law:  in  the  first  g^rant,  if  the  tow  raise  such 
condition  upon  grani  of  lands,  nmch  rather 
doth  it  upon  the  p-ant  of  the  incorporation, 
where  the  intent  ot  the  donor  is  as  special,  and 
upon  n  mater  trust.  Tfiat  my  lord  Coke  un- 
derstood it  of  other  dissolutions  than  by 
death  only,  he  refers  in  the  margin  to  the  cas^ 
of  the  Kiiis^ts Templars,  which  was  not  dis- 
solved by  the  death  of  the  members.  Tliat 
coqionitions  were  dissolved  many  years  befora 
the  statute  De  terrisTemplaridrum,  17  Edw.  S, 
the  statute  recites,  the  corporation  was  dissolv- 
ed, and  that  the  kine  ana  several  other  lords 
had  entered  upon  alltheir  tonds  and  escheats : 
Tlie  judfifment  of  the  parliament  was,  they 
were  well  dissolvefl,  and  the  lords  well  intitled 
by  escheat,  as  the  law  stood ;  and  tlierefore  by 
act  settles  them  upon  the  Hospitallers.    Thi 


I  from  the  clouds  at  the  city's 
;  and  it  cost  them  dear :  For  I  cannot 
it  could  enter  into  the  reason  of  any 
nucii  less  of  learned  men,  that  a  body 
^hy  the  policy  of  man  can  be  immortal ; 
t  a  Ijody,  compacted  of  many  bulky 
bodies,  can  be  invisible;  or  a  bodj^r, 
very  parts  and  members  are  mortal,  is 
own  nature  immortal.  Mr.  Uecorder 
,  that  the  death  of  all  ends  the  corpora- 
ind  therefore  if  any  learned  men  have 
leh  hyperbolical  expressions,  most  cer- 
they  never  intended  the  citizens  of 
B,  or  other  populous  town  or  city  within 
id,  of  whom  tne  question  is,  hut  of  some 
ation  in  Utopia,  where  the  citizens  nei- 
at,  drink,  nor  die,  or  at  least  of  some 
ation  that  never  had  other  existence  but 
brain. 

!  authorities  cited  were  Co.  1  Inst.  9„ 
od.  233,  21  Edw.  4,  13.  and  many 
;  and  many  more  might  have  been  cited, 
as  much  purpose ;  as  Co.  10,  fol.  32, 
I's  Hospital,  brings  in  a  whole  regiment 
borities  speaking  to  the  same  purpose.  I 
:  remember  that  book  was  citea,  and  there 
nrasun  for  it ;  for  in  conclusion  it  spoils 
gument,  viz.  that  these  expressions  are 
rporations  in  abstracts,  not  coupled  with 
ultr  men  of  this  or  that  tovm,  where  the 
ift  all,  and  the  corporation  doth  nothing 
iriK  than  what  the  men  do.  if  it  be  con- 
d  abstracted  from  particular  men,  it  is 
bare  right  and  coupled  in  the  notion  of  it 
■en  in  general,  who  are  the  proper  sub- 
f  gm-emment,  and  remams  only  in  notion, 
nay  well  enough  sustain  these  epithets 
I  have  been  given  it,  as  all  other  rights 
stioDs  may ;  but  whilst  it  remains -such, 
DO  more  sue  or  be  sued,  than  commit 
us,  felomes,  riots,  or  other  tres|Nisses, 
against  the  government  or  particular 
nettber  hath  it  any  existence  in  re  et 
but  in  the  brain. 

'  case  indeed  that  is  cited  1  Inst.  9,  is  ap- 
le  to  anv  particular  corporation ;  the  case 
put :  If  a  man  gives  lands  to  a  mayor  and 
Mialty,  or  other  hotly  aggrejjatc,  consist- 
many  capable  persons,  without  naming 
HOTS,  the  law  construeth  it  a  fee  simple, 
te  in  judgment  of  law  they  never  die. 
be  any  authority,  it  is  fronr  tlie  immor- 
of  many  persons  capable,  for  they 
le  perMns  who  are  said  in  judgment 
not  to  die.  Where  my  lord  Coke's  sense 
by  that  these  natural  persons,  though 
ff  CO  tike  in  their  natural  capacities  joint- 
ach  the  law  would  adjudge  an  estate  for 
-yet  the  grant  being  made  to  them  by 
lOlpnrate  name,  they  take  in  that  capa- 
md  the  grant  is  not  determinable  upon 
oAh,  but  shall  continue  with  the  cor- 
«  whilst  it  coiitinueth.  That  my  lord 
■evor  dreamed  of  immortality  of  a'  body 
iftiUy  appeara  in  his  writings :  1  Inst.  13, 
he  Mits  the  case  insisted  on  by  Mr. 
Ivor  t  diMOliition  by  death  of  abbot  and 


corporation  was  dissohed  by  the  pope,  and 
upon  the  ground  of  Non  User.  The  end  of 
their  corporation  was  for  guiding  ChristltLn 
pil^ms  to  the  Holy  Land  and  Jerusalem, 
which  the  Saracens  and  Turks  having  overrun, 
and  possessed  themselves  thereof,  the  mem- 
bers of  the  order  never  came  Uiere,  but  dispos- 
ed of  theroselveain  several  parts  of  Christen- 
dom. The  order  was  erected  by  pope  Honorius, 
SI  H.  1,  A.  D.  11^0,  and  was  dissolved  bj 
Clemens  Qumtos,  4  Ed.  2,  a.  d.  1311,  IS 
years  before  the  statute :  and  their  spiritual 
corporation,  which  was  the  principal,  being 
dissolved,  the  power  of  holding  lands,  confer- 
red by  temporal  princes,  determine^  2  Inst» 
43 1,  and  H.  432. 

1  Inst.  fol.  102.  the  case  is  put  where  the 
tenant  held  by  Homage  Ancestrel  of  a  body 
politic  dissolved  ;  the  homage  is  gone,  thougb 
a  new  corporation  be  founded  by  the  same 
name.  That  my  lord  Coke  never  entertained 
such  an  opinion,  appears  by  his  argument  in 
the  case  of  the  dean  and  chapter  of  Norwich, 
when  attorney  general.  His  mistress's  heart 
was  much  upon  that  case  to  preserve  their 
lands ;  and  it  was  well  argued  by  Mr.  Attorney 
and  no  doubt  well  studied';  but  tliis  topic,  from 
the  indissolubility  of  corporations,  never  came 
into  his  head.  Besides  the  statutes  of  confir- 
mation, he  insisteil  upon  these  things :  First, 
That  tlie  words  of  the  surrender  were  not  suf- 
ficient to  surrender  the  corporation ;  Secondly, 
That  they  were  the  bishop's  council,  and  m 
some  sort  one  corporation  with  him  ;  Thirdly, 
From  the  great  mischiefs  which  would  ensue. 
This  new  invention  alone  would  have  done  the 
business,  if  he  had  been  so  fortunate  to  have 
found  it  out ;  or  if  any  oi'thejudges  had  thought 
of  it,  they  would  not  have  gone  about  it  so  long 
as  at  length  to  ernund  their  resolutions  only 
upon  the  points  which  did  arise  upon  the  sta- 
iHtes.  Fitzherbcrt  [N.  Brev.  fol.  33.]  is  of  the 
same  opinion,  Tliat  if  an  abbey  he  dissolveil.  -.» 
presentation  shall  cidicaX  Vi  i^dl^Yvc^- 


]l63]  STATE  TRIALS,  34  CHAttLEsil.  i6&2.^Procteding»Mi 

(3)  Tlie  ni?xt  Hi^meot  proiliu^  \>y  Itlr- 
Recordpr  was,  '  Tliat  n  Coriiorfttiou  could  not 
beturrenilercd  ;'  upou  wbu^li  bead  I  will  not 

',  for  thete  reasons  :  Finit, 

,0  Ibe  qacstioD,  and  that  Mr. 


'MTi^Hi 


Because  tbe  point  inaj^  coine  judicially  into 
debate, some  dislike  haiiiwleeii  taken  toeur- 
MOders  lately  made  j  sud  I  choose  to  retcr  my- 
■elf  to  that  qucsliun  wbicb  comes  pTD)ierI^  in 
jnilgment ;  Tbinllv>  But  my  last  and  principal 
i  ROEOn  is,  that  be  liath  proiloced  ud  antliorily 
w  oflaw  to  make  good  bis  osjicrtion. 
L  '  Tbe  authorities  of  tlie  cases  of  the  dean  and 
■  chapter  of  Norwich.  Mich.  40  and  41  Elii. 
•ndfHavnard  and  Fulcher'scosc,  Hil.  SCur.J. 
which  bMh  relate  to  tlie  same  surrendtfT,  anid 
KTC  ill  i^nect  the  same  case,  only  Id  the  latter 
caw  tbe  surreader  is  disclosed  Ip  the  court  to 
be  laiW!r  than  did  appear  in  the  former  case; 
and  thoue'b  many  books  are  cited,  yet  they  all 
oootaiii  but  these  two  cases,  which  make 
■troii^ly  against  him.  Fur  throughout  these 
cnses,  biitU  in  statinf^  the  <|ueslip|i,  atvninetits 
L  Af  counsel,  and  resolution!!  of  thejiu§«s,  it  is 
1  plainly  admitted,  that  a  corporation  might  be 
I  nrrendered.  Otherwise  tbe  staliiig  of  the 
^eslion  in  the  Crat  case,  upon  the  effect  of  the 
words  in  tbe  sarrender  of  all  l\mr  possewiona 
sod  cathedral  church,  IVhelber  sofficienl  to 
EUCTeuder  tbe  coqwration  ?  and  the  aig-Dmenla 
Acreupoo,  and  tiic  resolntions  of  the  judctw 
was  needless  ;  but  it  teas  jilainly  admittMl,  that 
ft  corporation  may  be  disstdved ;  aud  it  n  as  iho 
common  law  pouil  tliey  did  resolve,  that  lltey 
were  all  idle  and  illusor}'.  And  so  in  the  se- 
cond case.  Whether  the  deun  und  chapter, 
whhout  tlie  bishop,  could  surrender  the  cor- 
poration? [Palmer  501.  Jones  It>3.  Palmer 
S03.]  i!  is  all  along-  aihnitted,  both  by  tlie 
comisel  UDon  the  grounds  they  vieut  upnn,  and 
liy  tbe  judges  in  their  resolutioDs,  that  it  might 
-  be  surreaifered,  '  conrurrentibns  bis  qvun  in 
jure  requiruntur ;'  and  tlierefore,  bythere- 
■olutioQ  of  the  jiidges,  it  could  not  be  done 
without  the  hisbop,  because  be  I>ac1  an  interest 
in  tliem.  And  wbeii  t\'hitlock  in  his  argument 
had  recourse  to  a  more  general  reason,  "hich 
was.  Thai  the  surrender  could  not  be  gotid,  be- 
cause then  they  tihuuld  be  Ftlo  de  se,  which 
is  against  natui'e  ;  Jones  takes  him  up,  and 
flat^-  denies  it,  and  sulh.  That  a  dean  and 
(Aapter  might  dissolretheageUea by  Cesser; 
«r  it  all  die,  orres^,  the  corporation  is  dis< 
■oked  ;  but  conrurred  with  him,  that  the  sur- 
Knder  did  not  dissoire  it,  because  tlie  hidiop 
was  no  parly,  nor  consentiiig;  and  intbeend 
Whitlock  concludes  bis  argument,  that  it  could 
not  be  done  without  tite  hisbop.  .4Qd  the  say- 
UgnfWbitlock  inlbalcase,  'That  the  king 
may  grant,  but  not  dismke  a  coriiotuioii,'  is 
certainly  true  in  the  sanw  sense  as  it  is  of  lands, 
and  all  other  rights  n  liatsnever ;  llie  kii^  may 
milt,  but  cannot  resunie  wiibout  cause  ;  yet 
2l  may  be  forfeited  upon  due  cause,  and  by 
judgtaoot  of  tiw  raiumed  la  ilio  kiug. 


(4)  The  last  topic  of  ar 
Rcrurder  concluded  a  ctnwnatwii  i 
forfcitHl,  is  a  Non  User ;  bci'auM- 1 
eorporatioD  was  forfeited,  not  did  it  t 
into  any  man's  imaginatiaii,  ibal  it 
liirfeiled.  This  indeed  dMh  put  tbe  f 
me ;  and  Mr.  Solicitor  bath  ainad] 
out  with  great  learning  by  aetcral  in 
corporations  seized  into  the  kiog'ii 
IbrTeitures  committed  by  them.  Mine 
nients,  other*  by  inijuiutiona  finding ' 
fcilures.  But  Sir.  Kecorder  wilb 
huth  blown  them  all  avav.  that  thci 
mere  sounds,  and  li«h  big  with  tts 
seizing  of  liberties  into  the  kiug'i  h 
wben  slricllv  examintd,  Ihey  are  b 
stance;  and  tlie  fnut  of  all  tlic  ci 
ends  in  a  diiTereiKe  he  bath  found  oi 
seizures  and  tbrfeitures ;  roudi  f^ad 
dilferenre  as  iras  that  betireeo  n  Ube 
capacity,  upon  which  the  wliolewd| 
Bigiimenl  turned,  '  That  a  oorpMaiii 
Liberty,  but  a  Capacity.'  Aud  if  i 
distinciiuu  be  enough  K»  aosv'cr  Ibe 
Mr.  Solicitor's  arguments,  it  Mill  ba 
me  b>  attempt  further  insUnc«»,  uol 
rccoDcile  this  little  dilTerenre,  and  t 
be  as  iiicifectual  ac  tlial  hetneen  a  lA 
CB|kac)ly  was  before ;  and  tbmil<i|< 
Icate,  in  tlic  lint  place,  to  examine  ' 
aoswer  it>  so  many  and  to  great  auilii 

Jtis  objected,  that  thoie  ore  jinN 
seizures, 'hut  notof  fotfetturea;  tori 
the  case  of  the  king's  suits,  and  of  tli 
lem]>oralides,  are  of  the  sonic  natui 
7urcs  upon  the  Urand  Cape's  and  Dii 
suila  betneen  party  and  part_t ,  oidy  I 
issues.  And  wlMuilibenicb ol  towiu 
tioned  tobeiisi/ed,  Ihetowns  only  a 
and  not  tbe  corporation,  which  remoii 
quo;  but  where  a  forfeiture  U,  there 
judgment  of  Ouster.  Every  senten 
of  tliis  answer  is  contratj'  to  all  the 
records  of  law,  that  I  know  of.  Tl 
rides  cited  lo  prate  the  differences 
""  ~  *" '    '"    —    which  Baith,  ii» 


the  ci 


:   uf  s. 


but  «liat  these  causes  are,  wl 
be  causes  of  one,  und  not  of  theother 
disclosed.  Bui  my  lord  Coke,  in  tbe 
of  Shcwsburj  's  case  determines  the  I 
and  makestlieiii  alloue.  Therearv, 
three  causes  of  forfeitureor  seiiure 
tot  mailer  of  fact,  Abusi'r,  >on  User 
fuser.  He  makes  theeauses  of  boIJi 
aaioe :  Fwfeiture  is  but  the  fact  oa 
the  seizure  is  grounded,  wba»  !■ 
hath  title  ofentn-  li>r  a  Torfeiture,  ia  I 
of  the  entry  diHiiTent  hum  the  caol 
tbrfeiture.  So  iu  the  king's  case,  wfc 
tics  are  seized  for  on  .4biiver,  wfaelbl 
judgment,  or  upon  an  inquialion,  <l 
menl,  lindinp  the  abuse  :  can  it  !•( 
with  any  learned  man.  hut  the  (sn 
tlie  forfeilurt' .'  The  king  canltnt  WM 
cause,  and  the  cause  must  be  ■rnneM 
of  tbo  oottdition  in  law  awmnlM  A 


5]     STATE  TRIALS.  34  Charles  II.  l682^--aiidf  ike  City  of  London.     [il66 


fltber  autboritY  prodoced  is  of  the  (|no 
nnto  agaiiuit  Ro^r  Mortimer,  cited  2  Ed. 
h  in  Strata  Marcella,  Co.  9.  ful.  08.  where 
I  deoial  of  aid,  and  the  defendants  not  an- 
ing  over,  judgment  was  given  of  fore- 
cr  of  the  liCcrty,  and  eitur  brmght ;  where 
op  saith,  that  in  some  casps  franchise  shall 
Hi  into  the  Line's  hands,  in  some  cases 
id  in  the  rig^ht  ot  the  king  until  fine ;  and 
«ne  ca^-s  it  shall  be  fore-judge<l,  which 
I  lor  ever.     1  do  admit  this  case  to  be  good 

but  it  makes  nothing  to  the  purpose  to 
e  the  diilcrence ;  or  that  seizures  by  the 

for  misusers  are  not  for  IbrtViturts,  or  tliaf 
ment  of  Ouster  are  only  eridenou  of  for- 
res,orto  prove  a  seizure  in  the  king's  suit 

the  same  nature  as  the  Grand  Cape  or 
ringas,  u|K>n  mean  process  in  the  suits  of 
nan  |»erson9.  And  because  neither  the 
:  cases,  nor  Ulr.  Reconler,  have  given  any 
t  into  the  cases,  which  may  vary  the  judg- 
kin  a  Quo  Warranto,  I  will  endeavour  to 
-  the  matter,  how  it  stands  upon  seizures  of 
ties. 

.)  Librrties  may  be  seized  into  the  king's 
Is  h\  the  award  of  the  court,  which,  in 
buuL,  is  styled,  *  Put  into  the  king's  hands  ;* 
diat  in  two  cases  principally  : 
liere  the  defendants  are  summoned  to 
«r  at  the  king's  suit,  and  uiaku  de- 
li. 

'here  a  contempt  appears  upon  record,  in 
nring  or  executing  tlic  king's  process. 
ibalfgive  instances  of  each.  For  the  lat- 
it  Ed.  4,  fol.  5,  in  case  of  l>ailiffs,  upon 
fithe  bailiff  appeared,  and  prayed  a  day  to 
7  in  the  record  ;  they  failed  *at  the  day: 
fitter  opinion  is,  their  franchise  shall  be 
ued.    And  Vavasor  there  saith,  if  a  lord 

franchise  do  any  trespass,  or  (contempt  to 
long's  court,  it  is  cause  in  the  same  court 
Mizethe  franchise.  For  the  former,  15 
4. 6,  in  Quo  Warranto,  if  the  detcndant 
sv  not  at  the  day,  the  liberties  shall  be 


ii to  proceed  in  Quo  Wariuuto  as  in  the 


^.  IG  J  SIC.  1.  Urigg's  rase,  in  Quo  War- 
Vf  the  defendant  appeared  not  at  Uic  day ; 
iberties  were  seized,  Hull.   U^p.  2  pu'jt, 

46. 

W  17  Jac.  1.  Roll.  2.  part,  02,  Quo  War- 
to  against  the  mayor  and  burgesses  of 
pBore  in  Com.  Lancast.  upon  deiault  made 
Mday,  it  was  agrecil  by  the  court.  That  if 
f  shewed  not  good  cause  to'  excuse  their 
Nt,  their  liberties  should  be  seized  iulo  the 
tf  handa ;  This  being  in  the  case  of  a  cor- 
*^>^  the  '  Capias  in  manus'  should  be  of 

potiic  person  which  made  the  default. 
'life  seizure  is  by  award  of  the  court  for  a 
j^pt  in  court,  the  court  may  admit  tlic 
^  to  affix  and  order  restitution  ;  so  where 
"^M  of  the  court,  on  detiiuit  of  appearance 
^  Inif'B  luit^  a  adsure  is  made,  which  is  in 


nature  of  a  distress,  to  bring  in  the  party,  by 
putting  him  out  of  the  jiossession  of  the  iiher- 
tv,  till  lie  apiK^ar  and  replevy ;  the  court,  if  the 
Jel'endants  come  in  time,  and  pray  it,  may  de- 
liver them  the  possession  upon  replevin ;  ami  this 
by  tlie  new  statute  de  Quo  \\  arranto,  SO  £itw. 
1.  l)et<nre  that  statute  the  general  writ  4if 
summons  to  answer  to  liberties,  as  also  the  par- 
ticular writs  of  summons  upon  the  king's  spe- 
cial suits,  superseded  the  use  of  any  liberty  tilt 
the  justices  met  on  the  day  of  return.  Which 
mischief  was  remedied  by  that  statute ;  if  they 
ap|>eared  not  at  the  day,  the  liberties  were  to 
1k;  seized  in  nature  of  a  distress,  to  enforce  their 
appearance.  And  upon  appearance,  if  tliey  de- 
manded to  replevy  tnem,  the  judges  might  de- 
liver bark  tin;  possession  of  the  liberties  u|>on 
security  to  prosecute  their  claim,  and  answer 
the  uiiran  profits,  if  anVt  ^^  <^^  judgment 
wore  against  them  ;  inucli  in  the  same  uianner 
as  the  practice  in  the  (rourt  of  exchequer  u|ion 
aH  seizures  to  tliis  day,  by  the  seizwes  the 
king  is  in  puss(>$siou  :  Bui  if  tli«3  party  appear 
and  plead,  ami  put  in  stTurity,  lie  is  by  nife  of 
court  permitted  lu  n^ceive  the  profits.  But  this 
statute  not  limiting  ;m3'  time  fur  his  ap|)car- 
ance,  or  to  rcjdy,  that  reinained  as  it  did  before 
upon  the  old  statute  of  Quo  Wavraiito,  IS  £dw. 
1 ,  which  relurs  to  the  practice  in  Eyre :  So 
tliiit  if  t!ie  party  did  not  replevin  in  time,  the 
former  seizure  would  amount  to  a  seizure  aiUi* 
judgment  by  detault,  which  is  final. 

('J.)  Again,  liberties  are  seized  into  the 
king's  hands  by  judgment  of  court  in  the 
king's  suits,  whether  the  juilgment  be  by  de- 
fault, or  Mihil  dicit ;  upon  demurrer,  or  issue 
tried,  this  judgment  is  final,  and  the  court  can- 
not admit  to  a  fine,  or  awai-d  restitution,  unless 
upon  eiTor  brought.  This  court  is  to  sot  the 
fine  upon  tlie  Capiat ur,  but  not  the  fine  for  re- 
(Iciuption:  tliat  is  purely  in  the  king's  breast, 

*  ot  ex  gratia  Regis.'  'Iliere  is  no  such  tbimal 
judgment  of  seizure  mitil  fine ;  but  this  upon 
judgment  and  another  seizure  u|»on  inquisition, 
or  presentment,  which  I  shall  mention,  ai-e  the 
seizures  in  the  kin;r*s  right,  represented  in 
Mortimer's  case,  but  frequently  entered '  quous- 

*  que  Dominus  Ba*k  aliud  pra'cepcrit.'  What 
was  intended  by  a  judgment  of  Ouster  in  that 
liiMjk,  and  in  what  cases  by  the  course  of  the 
kiitg's  cnurts  it  ought  to  be,  will  l>est  appear  by 
an  anclrnt  rule,  taken  and  ugn.ed  by  tlie  judges 
in  Kdv.  anl  the  K«mrth's  time,  bcfoiv  tliev  were 
promLsruously  used.  The  rule  is  thus :  \Vhere 
it  cloaily  apiHrars  to  tlie  court,  that  where  a 
Ub?rty  is  usurped  by  wrong,  and  upon  no  title, 
eithor  by  the  King's  grant,  or  otlienv  ise,  there 
judginent  only  of  Ouster  sliall  be  entered  :  But 
where  it  appears,  that  the  king  or  his  ancestor* 
have  oni.e  granted  a  lil)erty,  and  the  liberty  be 
misused,  judgment  of  seizure  into  the  king'i 
hands  shall  be  }>iven.  These  rules  carry  their 
own  light  with  mem :  That  which  came  out  of 
the  khig's  hands,  as  Bracton  iiseth  the  word, 
is  priipeiiy  retumetl  there  again  by  seizure,  or 

£s  oar  ancient  books  phrase  it)  by  rt*- seizure, 
ut  that  which  never  cametbAnfie^Vs\i^-xB«R^^ 


Il67}  STATE  ntlALS.SiCHAEi.BS II.  i6S'2.—FrecttdingibrtKtemAKag[\i 
was,  (Lot  ibe  kin|[  caaoot  MtM  ■  mrfonim, 
becauM  he  cann'ii  lian-  it,  or  be  tbc  nijaM 
(wQiiuonallj  i  (vT  not<iiily  »lt*l  iIm  Luc«| 
haic  ur  kolil,  hut  whal  h«  iii*]r  dupoKul'ia 
nijud^uKot  ol'  Uw,  louil  M  be  in  UibNi^ 
Bud  ilisUif  prupcrwSiroof  Uwli'aiHli'iynA 
lu  ncll  ui  tmere.  iliiil  nlnl  tiiii  iiiln^|| 
caiuv  out  uf  IW  crowD,  ibuuj^  it  mndah 
Mot  \tif  law  in  a  sulgort,  'tbtll  be  vnai,  ■  k 


UMurpi'd  tipon   hint,  shall   be  vucUed.l  tud  by 
judaiueTil  of  laiv  ileclared  mill  and  vuid. 

TbPti'  is  BDotliercBse,  which  is  there  like- 
wise Tesnivul,  nnd  Ibut  is,  where  it  is  doubt- 
liil  to  the  rourl,  whether  the  liberty  cum- 
nieacvd  by  grant,  or  by  wrong ;  that  for  the 
uncenainly  the  best  and  sBTest  course  is,  that 
judgment  be  ^tcu  of  seisure.  This  tii!>t  case 
was  the  (irincipal  laiie  in  that  book,  the  ques- 
tion arising  upon  a  default,  IVhat  jud§:iueDl 
■bunU  be  i^uof  aod  by  iliat  role  judgment 
was  jfiven  uf  seizure,  not  uf  Ouster.     And 

Sv^ble  to  these  rules,  all  Oie  judgments 
ich  I  have  met  with  bavebeen  giveti;  and 
tti*  course  balli  been  found  must  beneticinl  to 
ilte  sulyeet,  who,  ibough  by  forfeiture,  niis- 
pkading,  or  default,  he  mav  lose  his  libertv, 


■nay  hare   r 


}  the  king's  merey  t 


Id  die  case  of  the  baililTit  and  aldermen  of 
IQew  Radnor,  which  was  by  default,  judgment 
of  seixure  only  was  giren.  [Jlifb.  SO.  Jac.  1. 
Bot.  17. 

In  the  case  of  New  Malton,  [Trin.  Ij.  Jae.  1 
Rot.  S,]  though  the  issoe,  ihat  the  corpontloo 
was  by  pRsrription,  was  tried  i^ttiust  them ; 
yet  baring  lone  acted  as  a  corporation,  tbey 
nigfat  have  iitifpleaded  their  title,  as  the 
city  of  LuodoD  halb  done,  in  claiming  that  by 
nreacription,  which  commenced  by  grant  with- 
in time  of  memory,  judgment  only  of  sozure 
was  given,  and  not  of  Ouster.  Id  all  cases  uf 
disclaimer,  judgment  only  of  Oosler  shall  be 

SVen;  upon  the  same  iiile  judgment  only  ol' 
lister  was  given  in  the  case  of  Staverton,  re- 
Srted  in  Yetverton  and  Crook :  But  the  entry 
ere  is  mislaken;  for  it  is  entered  ftlich.  S, 
Jac.  1,  Rot.  2,  fur  it  appeared  to  the  court, 
that  it  Has  a  mere  usurpation  without  title; 
for  that  no  such  court  as  be  claimed  could  be 
gained  by  prescription,  nur  indeed  by  grant. 


corder    insisted    dpon  this  judgment,    as    a 
e  tor  all  judgiuents  upon  Ibrfdturcs  ul 
.    1. ..  ...^._i..   mistook   the   reason    of 

suHi 

cases  where  grants  do  appear,  but  either  the 
parties  arc  not  capable  of  taking,  or  the  liberty 
(franted  no  allowable  by  law,  Ibe  course  hatli 
been  to  enter  a  mixed  judgmimt  both  of  seizure 
and  of  Ouster. 

Ib  tlie  case  of  tlie  iDhabibmts  of  Denb^h, 
who  claimed  by  charier  several  liberties;  but 
■tappesrJLig  tti<;y  had  im  capacity  to  take,  jet 
the  usurpation  being  by  colour  of  letters  pa- 
tenla,  the  judgment  was  mixed  both  of  seizure 
ftud  Ouster ;  fat  there  was  no  possibiUty  of  re- 
stitution, because  ihcy  were  not  capable.  [Hil. 
jr  Eliz.  Hot.  1  j,  Co.  Ent.  537,1 

And  in  tlic  case  of  Cusack,  [Pasch.  17  Jac. 
1.  Hot.  3.]  it  appearing  to  the  court  that  thi; 
nberties  granted  lUd  not  |iass,  nor  could  be  law- 
fully umnI  ;  yet  the  nsurpuliun  beii^  by  colourof 
a  gtaotijudgmeut  of  seizure  was  ^Iven,  as  well 
asOaster,iD  iliese  cascs.as  likewise  m  sir  Geoi^e 
lEeyncU's  casf;  and  by  multitudes  of  cases  uf 
s^ces  seized. ii  spfKurs,  howtaiuihe  otgectioa 


(3.V  In  tliclost  pUcT  tbeie  mtr.  atJw : 
which  are  by  nrucaa  by  comiuisumi  rian^mf 


u\tna  inquuutH 
and  i.-ui.h  are  always  for  fetfu'taro,  i^rai  &^ 
touiidin  bnswh  woundiliiiusaiuNrudiijkih 
That  the  king  la  in  pwiaetiriooof  sll  incnfarf 
rights  by  such  scixurcs  unor  '■ — -■■—  -^ 
]H'arsl>y  thi!  rcKulutiou 
case.  In  thnui  caaai  t 
DO  court,  or  iW  loril  oftlic  hbotv,  «U^ 
body  jiulitic,  or  natiinil.  canadnutht  abi 
aniT^oreopon  msiie  rvliiuliou  i  tuilh*' 
there  wij'  iithi-r  way  by  law  talak*  rfl 
king's  hands,  but  by  direct  inverse  of  ih*b 
if  the  IJict  found  be  iwl  Iroe ;  or  by  drma 
if  th«  ftdfouad  be  not  in  bw  suffirwMnK 
furteiture.  The  facts  upon  which  uicli  Mdi 
have  brai  made,  hate  been  {^ciHiallt  mi 
torinus,  aud  the  consequence  ol  Lia  n)ua 
taken  in  be  so  evident,  that  I  nrvu  loit  s 
any  auebinqui^iioneter  trartrstdurdtam 
to ;  but  the  appUcolion  fur  restitution  balb  i 
been  to  ilu:  fcing'a  gracv.  And  ihnc  «M 
'aaat  have  been  taken  cither  n  irfinf  IJM 
sheriff,  or  by  spMJal  cimmissioni.  TVita 
riff  by  his  general  commission  is  iairmtEdsik 
tlie  presen  alion  of  the  whole  CDU!ily,u'di 
public  peace  thereof. 

And  though  in   the  grant  of  corpoolil 
and  other  lib^es,  there  M  special  cbsMS 
clusire,  lia  quod,  &c.    Yet  these  cli>ae>, 
the  grants  themselves,   have  anotbet  lUp  __ 
annexed  to  ibciii  by  law,  that  they  in«< 
go»d  goremment,  and  do  nui  abuse  iw^lJ) 
chisp,   by  committing  oi   pemumoc  n*  ■*  | 
great  disorders  in  breach  of  the  uuMic  pn^i  • 
which  if  tbcy  do,  is  by   law  a  Aun '>'"*|'^ 
tbesheritf,  lu  inquire  and  take  care  uf  iba  f^J 
lie  pt-ace  H  ilhin  the  liberty.  ^ 

Tlie  town  of  Hereford  was  seisfdint**'' 
king's  tiands  by  the  sheriff  of  tlie  cuualt.h'i 
hoMiiigof  ainarket  (wntrary  totbe  ku^^.j 
hibiiion.  Upon  certificate  thtrreof  iidv  vta", 
eery,  the  king's  writ  issues  to  the  Bb«ni'.  "ft 
proving  thereof,  and  commanding  liiia  Is  ^ 
It  in  tlie  king's  hands,  '  Donee  douunus  BmEI 
'  aliud  inde  pnecepenl.  Bol,  dauso.'  LsB""! 
memb.  7.  H»h.^  lib.  K.  fol.  41.  /| 

Ofsei/urts  made  upon  prescntmcolt.  ^ 
inquisitions  taken  by  cummissioos.  ib«n  ■■, 
many  inatanceH,  suutf  whereof  1  i^liall  bk^ 
when  I  come  to  tlie  ^ccedents.     Tbe»» 
upon  judginenl,  or  (or  a  ibrfeilufe,  ■W' 
always  in  the  king's  rigb 
put  Uie  king  into  posses&ion,  and  uusi 
lural   persons  irom   using  die  n^bt. 
judgioent  of  Ouster  whatwevct.    Aad^ 


ite 


CTATO  TRIALS,  $4  Chahlbs  II.  iSSS.-Hmif  ike  Ciiy  of  London.    [U7Q 


betweeo  luch  seizures,  and  those  upon 
ad  Cmpe,  which  are  only  upon  mean 
,  and  in  right  of  the  subject,  and  in  his 
Mt  apparent  to  be  further  inlarj^  upon, 
a  some  resemblance  between  this  seizure 
be  grand  Ca|)e,  and  that  in  the  king's 

default,  that  appearance  for  both  are 
leaa  process,  and  both  repleviable,  if  the 
At  or  tenant  come  in  time, 
e  is  also  a  further  resemblance  between 
irhicfa  makes  not  for  Mr.  Recorder's 
i ;  and  that  is,  in  that  both  are  lost  for 
the  imrties  come  not  in  time.  For  at 
n  law,  if  upon  a '  preecipe  quod  reddat,' 

lands  seized  into  the  kmg*s  hands  :ij)on 
nd  Cape,  the  tenant  mak^s  default,  and 
not  within  forty  days,  he  could  not  wage 
to  excuse  his'default,  but  the  demand- 
old  have  judgment  to  recover  the  land 
ly,  1^  Ed.  4.  fol.  7. 

fufibrenre  that  it  was  not  the  franchise 
ty  of  the  corporation,  but  the  towns 
Ives  were  seized  into  tlie  king's  hand,  is 
of  authority  as  of  law.  Sometimes  in- 
Jiritas  et  Til  hi,'  in  records,  are  used  uro- 
usly  for  the  franchise  and  freedom, 
k  jointly  used  and  enjoyed  by  the  in- 
ts,  exempt  from  the  common*^  law  ju- 
Ni :  and  in  such  case,  the  seizure  of  die 
Ville,  and  of  the  franchise,  is  all  one ; 
r  inhabitants  thereby  put  under  the  go- 
nt  of  the  common  law,  discharged  of 
ichise.  But  if  the  town  or  city  be  taken 
natural  persons  who  are  the  inliabitaiits, 
le  houses  wherein  they  inhabited,  which 
ust  be  upon  Mr.  Itecorder's  distinction, 
be  it  wiU  be  a  distinction  without  a 
oe ;  neither  the  inhabitants  nor  houses 
"er  seized,  or  could  be  seized  into  the 
hands  upon  such  inquisitions  as  hare 
land,  anid  judgments  of  seizure  that 
«Q  given.  The  only  proof  for  this  dif- 
I  WBt  a  strong  aTemient,  that  whilst  tlie 
London  lay  under  the  several  seizures 
oes  of  the  mayoralty  only,  at  other 
if  the  whole  franchise,  the  corporation 
>  Yifforous  as  ever,  and  in  statu  quo ; 
Bocli  as  suspended,  but  did  exercise  all 
te  acts  as  before.  An  averment  against 
fffss sense  of  all  the  citizens  when  under 
eizores,  and  against  many  authorities  of 

le  pariianient,  18  Ed.  1.  [Roll.  Prerog. 
rbc  dtixeiis  (for  they  had  then  no  mayor) 
wk  the  khig  in  parliament,  *  Quod  Hex 
M  coocedere  pristinum  Htatuin,  sc.  Ma- 
lit  antMpiM  Lioertates.'  They  |ietitioned 
Ihcur  bouses,  or  the  liberty  of  their  {ler- 
how  were  never  seized ;  but  to  be  re- 
li  the  mayoralty,  and  their  ancient  li- 
I  whieh  were  nnuer  seizure  in  the  king's 
If  die  oorporation  had  been  in  statu 
Wf  would  not  have  troubled  the  Com- 
li  fUMOt  toob  a  petition,  nor  the  king 
fl  10  idle  a  petition,  as  '  eis  concedere 
Imb  flMnin ;'  but  they,  who  knew  their 
ll^ilgrtuMi  Mr.  RecMNrder,  coukleikiut 
UTUk 


themselves  out  of  possession  both  of  their  ma- 
yoralty^ and  their  ancient  liberties,  and  pray  to 
be  restored  to  them.  And  the  king's  answer 
was,  he  was  not  at  present  advised  ttatum  mu- 
tare.  My  lord  Coke's  opinion  is,  that  the 
chapter,  when  no  dean,  or  commonalty,  whea 
no  mayor,  have  not  ca[>acity  so  much  as  te 
make  continual  claim,  nor  to  take  by  purchase, 
nor  sue  any  action  [1  Inst.  £63  b.] 

If  the  Commons  of  London  meet  on 
Michaelmas- day,  and  choose  a  mayor,  the  ohi 
mayor  not  present,  tlie  election  is  void  ;  aiid 
so  any  other  act  without  the  mayor.  (SI 
Ed.  4,  27.)  If  the  commonalty  in  the  vacancy 
of  a  mayor  make  obligation  under  their  com- 
mon seal,  It  is  void  ;  how  much  stronger  will 
the  case  be,  wlien  the  whole  franchise  is  seized  ? 
(21   fiii,4,  (i9.) 

I  have  now  removed  the  objections  which 
lay  in  my  way,  by  opening  the  nature  and  ef- 
fect of  seizures  of  liberties  into  the  king's 
hands,  and  where  judgment  of  8eisure,  and 
where  of  Ouster  are  propeHy  given  ;  whereby 
it  inay  appear,  that  this  special  *  Capias  of  Ca- 
pias in  mantis  Regis'  is  as  proper  an  execution 
against  the  body  politic,  as  the  common  Capias 
against  the  body  natural ;  and  iu  judf^nent  of 
law  the  politic  person  is  as  properly  said  civili- 
ter  iHortua  by  judgment  of  seisure,  as  the  natural 
person  is  said  civititer  mortua  by  judgment  of 
any  attainder  for  any  capital  ot1*ence.  Mr. 
Recorder  acknowledges,  that  in  case  of  natu- 
ral persons,  when  the  law  gnves  forfeiture  of  the 
body,  or  of  the  liberty  of  the  body,  it  is  all  one 
in  jud^eot  of  law ;  the  law  is  tfie  same  when 
i*  spciSkS  of  bodies  politic,  to  forfeit  the  liberty 
of  the  body  politic,  and  to  forfeit  the  body  po- 
litic. 

3.  My  way  thus  cleared,  I  will  lay  down 
the  grounds  and  reasons  of  law,  upon  which  1 
conceive,  with  some  clearness,  that  corpora- 
tions may  be  forfeited  and  seised  into  the  king's 
liamls,  as  well  as  otHoes,  or  any  liberties  vrhat^ 
soever  ;  and  then  shall  instance  in  some  fur- 
ther precedents,  whereby  it  will  appear  they 
have  been  forieited  and  seised.  My  grountu 
are  princiiially  these  : 

(1.)  That  there  is  a  condition  in  law  an* 
nexed  to  the  franchise  of  a  corporation,  upon 
its  first  erection,  as  strong,  if^not  stronger, 
than  to  any  other  franchise  or  liberty  what- 
soever. 

(2.)  That  there  is  nothing  extraordinary  or 
peculiar  in  the  nature  of  a  corporation,  to  nin- 
der  taking  advantage  of  the  condition  broken, 
or  to  exempt  it  from  the  common  condition  of 
other  Uberties  in  consideration  of  law. 

(1.)  As  to  the  first,  wherever  the  law  in- 
troduceth  or  alloweth  any  right  ufMin  a  trust,  or 
for  the  benefit  of  the  public,  it  implies  a  condi- 
tion, that  the  trust  be  distrharged,  and  the  cnde 
of  its  creation  complied  with.  This  oomlition 
implied  by  law  is  of  stricter  obligation  tlian 
conditions  express  ;  it  shall  bind  infants  and 
femes  covert,  8  Co.  44.  ITie  principal  case  ik 
of  offices;  but  the  book  saith,  *  So  it  is  of  all 
'liberties and frenduaea.'  AY^>i»li»^>SDBn^^. 

4F 


^>  •      «..'««•  ^  * 


•I  ■' 


this  franchise  of  a  corpora tion  is  p'onted  upon 
a  ihr  |<^rcater  tnist  and  confidence  than  any 
otiier  liberty  whatsoever,  as  I  have  already 
fehcnii ;  viz.  For  the  government  and  peace  of 
the  inhabitants,  and  olhers  coinin&f  within  the 
lilierty  of  the  franchise,  in  subordination  nvthe 
general  g<iverninent  of  fhe  kinjS^  ;  and  that 
Siey  are  intrusted  therewith  by  the  king'  upon 
the  }  uhlie  account  of  g'overnnient  only,  and 
4iot  for  any  private  respecter  beoetit  wiiat- 
Soever.  O'tlier  franchises  arc  either  subonli- 
natttaod  auxiliary  to  this,  as  to  hold  courts, 
Lave  ^aols,  and  such  like,  for  the  better  admi- 
nistration of  the  several  parts  of  government ; 
or  els<i  arc  of  protit  or  Citse,  *  pro  nieliori  sus- 
*  tentati«>ne*  of  the  charge  and  burdt-n  of  this 
subordinate  ;;overnm«'iit.  And  thereibre  Thanks, 
in  tlie  av^^-nment  of  IIa\\\ard  and  Fulcher's 
case,  Pahner  -i^o,  calls  it  the  i'rinci])al  Liberty, 
and  other  liberties  the  Accessories. 

In  the  case  of  Knigfhts  Temp]ars,*'the  corpo- 
l*ation  was  dissolved  ujion  nccoiu't  ot"  Non  I'ser, 
thouuh  without  tlieir  deiault ;  but  the  end  of 
their  institutiou  ciaseil.  (Inst.  13?)  The  case  is 
much  slrouij^'cr  wliert?  it  is  a  voluntary  Ct^sser, 
as  \yiiere  the  abbots  and  monks  fiiit  off  their 
Iiabit,  and  leave  tlieir  houses;  this  Non  Vser 
vHl  be  a  jijood  cause  oi'  disi-liar(;^iii|r  the  order. 
M' here  the  con iiuonalty  have  power  to  choose 
every  '^eara  mavor,  if  they  do  not  choose  a 

•■to  •       •  '  t 

ina>or,  llu'i'fiar.ci:ise  shall  be  forfeited,  or  they 
may  be  fined,  upon  this  reason,  that  comnnm 
justice  fails  iw  want  of  such  an  ofHcer,  which 
was  a  bn'ttch  of  the  c:uuuition  annexed  to  their 
liberty  by  Nou  L*s»t,  21  J^.  •!,  14.  It  appears 
by  this  ease,  That  the  ionnnonaity,  in  trie  va- 
cancy of  a  mayor,  are  to  this  puqiose  a  ror- 


■  «•  V*    »' 


t     M*«^ 


]M»ration8  are  guided  Wt  he 
raised  his  wonder  to  diat  hi 
Warrantos  were  ne^er  brou§ 
nasteries,  bishops,  tleans  and  c 
and  vicars,  and  thaibrin^n^  i 
city  of  Ijondon  threatened  the 
of  tlie  church  ;  when,  with  hi« 
if  they  offend,  may  by  law  los 
ri<fht,  \>hich  may  be  severcil 
certain  instrument  called  Depr 
of  which  is  no  sharper  than  j 
sure,  or  Ouster  in  our  law.  / 
union  bet\^c-en  the  |M)litic  and 
as  close  anti  as  stron«j:  iu  single 
in  agfirrejLrute ;  and  the  same  i 
sto\%ed  u|>on  them  the  tMinie  ( 
tliey  caiuiot  commit  treason 
the  Innly  corporate  of  tiie  bish< 
alien,  \c.  is  as  in\isible,  imni 
Iliie  as  that  of  ag'^reij^tc  IkmUc 
treason  and  felony,  but  far  le 
committe<l  by  the  natural  |>e 
the  eor{iorate  ri;>fht,  and  auuiu 
the  condition  annexe<l  by  luw. 
as  waste, and  wilful  dilapidatio 
of  forfeitures;  many  ot  the  i 
put  in  sir  James  Ba^^^s  o 
refer,  1 1  Co.  98.  For  I  do 
be  an  express  jnd»ineiit  in  pai 
a  condition  aimexiMl  by  law  tc 
tion,  and  that  the  breach  ther« 
'f  be  resolution  there  is,  that 
the  body  may  forfeit  his^cor| 
may  by  law  be  divesteil  of  it 
tiiere  calleil  his  Freedom  and 
is  tlie  same  ri^ht  or  libert^ 
joinilv  c<insiderei),  lia\e  an  in\ 


^3}     STATE  TRIALS,  34  CirARLES  11.  l6S2.^iind  the  City  of  London.-    [i  174 


t  of  the  freeman's  oath.  The  case  ^ifoos 
iier,  and  a.s$i<rns  many  wirticulars,  uhioh 
i  be  breaches  of  the  condition,  \iz.  Attain- 
s,  foiyery,  perjury,  consj>inicy,  or  any 
er  infamous  crimed,  at  the  king's  suit;  if 
•e  will  be  suificient  cause,  there  can  Ik*  no 
ibc  but  treasons,  felonies,  and  oppressions, 
litioas,  and  other  attempts  in  disturbin^r  the 
reniDient,  will  be  ju^kkI  causes  of  disfran- 
iceinent  of  anv  or  many  of  the  members  wfao 
imit  such  crnnes  ;  autl  this  upon  the  trust 
iconditiou  implicit  by  law,  u|H)n  the  first 
clion  of  the  corporation ;  for  the  present 
mben  arc  under  no  utlier  trust  or  condition 
Id  this  matter,  tlian  what  the  law  impaled 
n  the  first  members. 

i  cannot  see  liow  the  counsel  for  the  city 
e«adethc  fori*e  of  sir  James  Bii<>fg''s  case, 
ess  it  be  by  a  distinction  or  two : 
).   Between  every  man,  and  all  men  ;  every 
man  may  forfeit  his  part,  but  alt  men  can- 
Dot  forfeit  the  whole :  just  such  another 
distinction  as  >ras  made  to  all  the  prec^e- 
dents  between  seisures  and  forfeitures. 
.)   The  ottier  distinction  seems  to  have  a 
little  more  colour,  and  it  is  between  tlie 
kin^  and  the  cor|K)ration. 
be  corporation,  say  they,  are  intrusted  by 
with  power  over  tlieir  members  to  remove 
11  for  aetiof;  as^ainst  their  duty  ;  but  the 
^cannot  disfraneliise  any  (larticular  mem- 
and  if  he  cannot  distVancliise  any  one 
liber,  much  less  c^n  lie  all  members,  or 
i  tbeir  liberties  into  his  hands,  which  in 
amounUi  to  a  disfranchisement  of  all  the 
■bers. 

answer,  Tlie  king-  may  do  iioth  the  liuc 
the  other ;  and  in  saying*  the  king*  can  do 
mean  in  coursi;  of  law. 
]  The  king  doth  it,  when  the  subordinate 
iten  and  t(overuors  within  the  corporation 
for  they  do  it  as  his  ministers  in  exctMi- 


where  an  alderman  is  dead,  the  kinj;  may  send 
his  3Iandamus  to  choose  anothrr,  us  ilone  in 
the  case  of  Laiiceston,  I*.  8.  Car.  1.  23  tt. 
Hale,  Cor]>orat.  PI.  5.  If  they  yield  not  obe- 
dience, tliev  may  be  fined,  or  m*ay  incur  the 
forfeiture  of  their  liberties,  as  the  case  may 
require. 

3.]  In  case  the  corporation  cannot  do  justice 
in  punisbini^apd  dJNplacing  theorienders^fjither 
because  the  nuijority  are  offenders,  or  favour- 
in*!^,  or  aiieltinif  the  offenders,  there  beiniif  a  fai- 
lure of  justice  in  the  franchise,  which  the  law 
will  not  permit,  by  judnfment  of  law  the  city  or 
Ville  shall  be  restored  to  the  government  and 
jurisiliction  of  the  connnou  law,  by  seizure  oi* 
the  franchisee  into  tlic  king's  hands. 

4.]  Failure  of  justice,  and  the  not  suppreiss-' 
ing  and  punishing  of  notorious  riots  and  tu- 
mults, have  been  stdjudgod  good  causes  of  for- 
feiture of  liberties :  and  the  plea  of  non  abihty 
to  suppress  them,  disallowed  as  any  cause  of 
excuse,  as  to  the  (lornt  of  forfeitures  of  the 
liberties,  wtiicli   doth  and  will  appear  by  the 
prec».Mlonts  insisted  on  by  Mr.  Solicitor,  and 
what  (  shall  su|K'radd.     So  that  Iconceiie  tho 
authoritv  of  sir  James   Bagg*s  case  remains 
unshaken,  that  there  is  a  condition  annexed  to 
the  fnmchisi;  of  a    corporation,   the   breach 
wheiTcif  will  be  a  fod'eiture.    The  greater  the 
trust  of  any  member  of  a  cortMiration  is,  the 
stricrter  is  the  condition  ;  as  where  any  of  the 
meuibers  are  chosen  into  any  places,  which 
more  immediately  concern  the  g(K>d  goi  ern- 
ment  of  the  cor[K>ration,  a  less  crime  will  be 
the  cause  f>f  his  removal,  than  will  be  a  dis- 
fhiuehiscment  of  a  private  member,  as  in  the 
ca.se  of  an  alderman. 

It  was  resolved,  for  being  a  drunkard  and 
haunter  of  taverns,  he  being  a  magistrate  more 
imnicd lately  intrusted  with  the  government, 
was  cause  of  i-emuval ;  though  he  iiaie  free- 
hold in  the  place,  yet  it  is  u])on  special  trust 
and  conlidencc.  fTnyler's  Case,  Trin.  14. 
Jar.  1.  15.  1{.  l^>l^.    ftestimtion  4.^1^,   pi.   }.] 


•      .        - 

of  his  laws ;  and  it  is  their  duty  to  tlo  it, 

idiD^  to  the  trust  he  hath  re|M>se([|  in  them, 

the  power  he  gave  them  ;  and  this  autho-     The  law  will  be  the  same,  if  the   magistrate 
is  greater  or' lesser,  as  he  is  pleaswl  to    gi\i*s  the  lejLst  ♦•ncouragement  to  iM)|niBr  tu- 
mults, or  fre(jueiit  coiivcn tick's,  and  unlawful 
assembliis.     And  it  is  no  objeiiion  to  say,  tliat 
some  statute  lausha^e  Iai<l  a  penalty  fur  the 
ollcnces,  as  it  is  in  tlie  case  «if  tlrunkennes», 
and  many  oHbnces  of  oificers  ;  autl  in  conimon 
law  oilcnces,  the  law  pro\idcs  a  penally  again«t 
the  otlender  by  fine  or  imprisonuicut  ;    and 
yet  the  same  oliWicc,  if  a  breach  of  couditioo, 
will  Ih*  cause  of  disfranchLsi^ment,  as  appears 
in  sir  J  ami's  Bagg*s  case.    The  iienalties  in-  ■ 
ilict(rtl  by  statutes  or  cununon  law,  are  for  th^ 
breaches  (tf  particular  laws ;  but  the  displac- 
ing of  a  nnigistrate  is  for  breach  of  the  gt*ueral 
trust  of  his  pUce,  wherewith  he  is  intrusted 
for  the  public ;  and  having  broken  that  trust 
and  condition,  the  law  a«\judffeth  him  unth  10 
be  intrustcfl,  *  ue  quicqusui  drtrimenii  raf-»J4 
*  Kispublica.'    The  i|uestion,  what  acu/c*  » 
member  will  forfeit  his  corporate  ri«h: :  t  »^ 
where  in  our  books  so  diidnctly  pui  ^f^ 
^un«8  Bi^'s  CM«.    But  ibe  *jue*>»  •** 


greater  or  lesser,  as  ne  is  { 
t  it,  as  it  ap|)ears  by  sir  James  Hagg's 

If  the  king  grant  them  express  autho- 
to  remove,  they  may  n'move  the  otrendcr 
«  oonficticm  at  law,  Hut  if  net  express 
irbe  granteil,  a  conviction  at  law  must 
est  had;  and  the  judgment  of  the  law  di- 
' their  duty,  and  they  art;  accountable  herc- 
» the  king  in  his  courts  of  law  :  if  they 
dee  the  law,  and  displace  a  member  con- 
dof  an  offence,  which  amounts  not  to  a 
iture,  the  party  shall  be  restonnl  by  Man- 
■ ;  an  excellent  preceiU'nt  of  nistituiion, 
nr  do  not  their  iluty ,  to  disfranchise  w  here 
iRDce  requires  it. 

]  The  king  may  do  it,  [Dier,  333.  13  Co. 
r.  1.  meinb.  !^9],  by  commanding  them 
I  it  by  his  writ  out  of  the  court  where  the 
idioii  Kmains,  or  out  of  the  chancery,  as 
lAjr  the  coroner  of  the  county,  mayor,  and 
r  offieers,  u  the  precedents  have  been.  A 
t%  PfMTC  the  loayor  of  Ikrwi^k.    So 


1175]  STATE  TRIALS,  94Chahle8  II.  iSi2^ProeerdittgibttW€tHtMtKiMg  [lit 
ipadlwi,  we  m  M|>alik  of  faring  vftn^H 
as  ibcy  warn  Udore  aiuUe  1o  be  vaui  HI 
inkin);  tlii*  ri^t.     Ana  m  to  ih*  niin4«t< 
tlie  i>ctTiiinit,  n  atr\ 
oilici-  comnianitieii,  which  way 
acl  in  a  budy :  •»  dtc  tnlunti 
iiiuN  nf  cniiri  and  titwiuvry,  and 
net  vaiia  (miiitii-Hions,  to  (onie . 
lect  iuiJ  SMMMlilfi  cnh<rr><  la  iM  innlly 
lliriD.    Thtw  sodelioi    baft   thtir  p- 
iiles  and  bifs  to  set  by,  ami  actjAiiillly. 
I  tiu(lv,as  coqMrnlioQsdo:  bnl  y(t,rat 
^asCgV  the  raenilten  so  librae  ;  win  del 
cBso,  the  cominisGHMi  tic  reiobed,  iht-j 
Beparatei),  and  llie  udmh)  diMuhtd.   ' 
the  ijBlure  or  numbers  of  the  pcneunl 
B  oorporaHuu  diOets  noriiiD);  trom  titbtrl 
ttunot  incorporatH.     Pniin  niiiiAt* 
jiri'suma)  B  gTrMtirr  duration,  and  it  k 
pnrfialili-niiuiy  may  oulhvr  ouci  bolili 
tain  ttiat  ruaiiy  «hul  din  a»  dim 
babic,  that  all  mny  (Ik  bcfiin: 
which  wan  iiduiiUi'd  lo  bo  adia 
body  politic  :    but  iTig«iiiinu«ly 
that  ihU  wan ntthrr  B icpo'i^li'X  "t^' 
from  the  body,  (liao  of  tlie  pi'bt»*  Mj 


actc  of  1h«  memlwn,  awt  of  what  number  of 
th*  memb«TB,  willforieit  the  whole  franchise  i" 
1  know  nn-n  here  disdnctly  piit  in  our  bimks, 
but  as  they  he  itattered  in  llie  imlaDces  of  for- 
lUtures  takro,  and  francliiMa  leized  ;  other- 
wise than  ii|'iiii  the  gniersl  rule*  of  Non  V^teT 
et  Abuser  oi  ihe  rniEt  committed  to  ibeni.  Bui 
ttie  Cirilians  do  largely  tmu  unoti  iheip  <pips- 
lions  ;  wheiber  the  citJM,  rolfngCTi,  and  uni- 
reruliev  may  b<-  forfeited  and  dissolved,  and 
what  aclN  of  the  ni<.tubeni  will  he  causes  of 
auch  fnrtifitiirFs  ?  And  therefore  1  crave  leave, 
belbre  1  conclude  this  hciul,  frmu  tlie  condi- 
tion BlincKeil  by  law  to  all  corporaliDns,  only  to 
tnenliouoneoftlieni.  ItisOblradusde  Pouln 
[fol-  39}  ill  bis  book   intituled, '  Consihn  Bi?e 

*  ResniNwa,  ei  Aiirca?  Umedtioncs :'  Where 
he  iMwtw!  the  point  at  large  pro  and  tun,  and 
pats  the  <.hjiH.tion8  of  some  autliors,  which 
arc  much  ibc  same  enthunanic  raptuies,  aa 
liarc  bven  made  u$e  of  in  ihia  caaa ;  v'a.  that 
thev  hnre  on  souls,  but  are  immortal  bodies, 
kna  Mich-like  lituir.  But  he  resolves  tlie  qoes- 
lion  thus :  i  will  rejieM  bis  own  words  ;  *  Sed 
'  licM  uon  habent  fcram  uersouam,  taiuen 
'  hakut  [tersonam  fictam  ^lione  Juris.    £l 

*  Mm  dint  Lex,   quod  Mtmicipinm  Curiie  et 

*  Sor^lflatcm  pcTBoiur  sustinent :  Et  sic  cadem 

*  fietiimcanim&m  habent,  el  delinquere  possitnt, 
■  M  ptmiri,  ca  tameti  pn^na  qute  uossit  codere  in 

*  caa,  scilicet,  q[Uod  privetnr  Pntilegiin,  el  sic 

*  Capitv  minnitiu'.  Et  sic  sicut  vera  pcrsoim 
'per  uortem  oatuntlem  dexioit  esae  quud 
'  out,  siuisia  persona  licla  per  mort«m  Civilem, 
'  quic  esi,  111  privelur  Priiilcgiis,  dcsinlt  esse 
'  quod  erai,  quia  omodo  non  crit  Univereitas.' 
And  then  a.ssig-ns  the  causes  gpoerally  :  '  Et 
'  quod  Pririlegia  possint  revocari.  euui  incipi. 
'  unt  esse  iniqua  vel  daianosa.  Et  non  potest 
<  eat(c  RiB^'is  iniijuum,  si  utatiir  co  in  contume- 
'  Ham  cone  cdentis.'  Tlioui^h  this  be  a  full  o|u- 
iHon  of'a  learned  mnii,  as  to  the  case  in  ques- 
tion, Imtli  as  t'l  the  (cenerat  question  nf  forfeil- 
ur%  uud  llic'  particular  breaches  as»gned  j  yet 
I  tlse  it  not  as  an  authority,;  but  only  to  shew 
the  coflcordaucc  of  other  laws  with  the  law 
and  practice  within  this  kiu<^doiu  ;  aud  that 
learned  men  have  belbre  now  not  only  dreamt 
of  such  a  ihiDg,  bui  have  concluded  the  point 
opon  debate  and  reason  of  law,  that  corpo- 
rations may  be  forfeited  and  dissolved,  when 
their  privileges,  as  used  by  the  members  '  ia- 

*  cipiunt  esse  iniqua  vel  damnosa.' 

(!.)  My  ither  tfrrund  is,  that  there  is  no- 
thing  extraordinary  or  particular  in  the  nature 
of  cnrporstiona  ag^re^te,  to  exempt  them 
liwni  thecnadilinn  of  single  corjmrations,  orof 
oilier  li be rtie<i ;  if  there  be,  it  hath  uol  yet  been 
shevm.  It  innst  arise  cither  from  the  number 
of  the  persons  nhotakc,  and  are  the  subjecls 
ofthisliliwty, because llieyarcmanv;  orfrom 
Ihe  right  cntilmed  upon  llnaii.  luennmber 
oftbc  pcrsnnMconKti luting  this  body  cuutiihules 
BOIhui);  towards  the  indioolubility  thereof, 
pladed  for,  Tlieji"  were  several  natural  per- 
Mlt*  befnrc  the  iTiiion,  sod  rpmnio  s^  many 
Mlaral  penoitt ;  acdVy  i^taiuingtlMirQiilurBl 


ihepersuns.  licit  so,  it  i) 
are  ai-parable,  and  that  mi 
the  natiuvl  persons  from  beinv'  > 
the  body  politic  by  natural  deaiii.  Aud  I  h 
already  rieivn,  Uiat  number  coniribina  i 
tiling  to  the  indissolubility  ofacttporaBi,! 
Bniitration  of  the  memlicrB  one  fmin  ibf  «(^^ 
which  is  called  a  civil  death  ;  and  in  c— 
civil  death,  the  separating  the  Uwrtt  I'rM 
person,  or  llie  persons  from  tlit  libertv,  i 
one.  To  take  the  office  from  the  tAoa 
remove  the  officer  from  the 'iffici,  it  atliM 
and  so  in  disfranchisement,  to  take  >■*)■ 
treedom  of  a  member,  or  to  reuwre  bin  »■ 
his  freedom,  is  all  one :  and  so  ia  tsA* 
of  franchises,  the  judtrmwit  of  Omlet  ■>  ( 
mally  nutting  the  persons  from  ihi'  ftasA 
and  judgment  of  Seizure  tolnn^  tlie  Nad 
from  the  persons  ;  but  in  eifect  tbrj'  nt 
BBiiie,  viz.  a  separation  between  the  (M 
and  the  frauchise.  And  thi^  sepantiu)  ^ 
»ntii^hl  by  a  condition  in  law  auarml  ^ 
the  iMon,  the  number  of  persons  can  ua  ■  ^ 
jirei'ent  it,  than  where  lands,  or  laoi^J 
iiilii.;ritances,  are  grantetl  lo  many  "nd  M 
iieirs  upon  an  express  couditioD  iImi  M*^ 
t  onlage  be  taken  of  the  condition  tvoktSiSH 
cause  the  (franlis  to  many  men.  ^^_ 

From  the  nature  of  Ihe  right  or  fmam 
as  liiUe  <--an  be  inferred  fur  ih 
union  preteiided.  ^^ 

I.  lu  its  creation,  it  is  mmiy  by  the  (*3 
of  man,  find  the  rule  is  taken  m  UairinH  <* 
7  Co.  fo,  25.  That  what  is  fay  the  Iswflfl^ 
may  be  ahertd.  And  divers  otlipr  fcoub 

ing'of  theeaeclsofhtj 

ing  down  us  a  certain  rule,  '  Uuiojiiid 
'  gitnr  dissolvi  potest  -,'  mortal  bring* ' 
confer  immortality. 

All  rigbu  wlikOoever  are  incorpc^i 
MHustimai  atvtici  ste  ctykd 


I 

J7]    STATE  TRIALS,  54  Chahlks  H.  i682 — and  the  Ciiy  if  London.     [l  irS 

Hrtendmcnt  of  law  is  only,  that  they  hare 
liniumce  so  lon^  as  any  persons  subsist 
•He  ot'havnig  them  :  and  in  this  sense  the 
lit  to  lands  and  c^orponitc^  inheritances  an* 
pvatrr  duration  tlian  many  hl)ertie.s,  and 
hcularty  those  of  coriNirations  ;  bemuse 
r  subsists  hen  they  return  to  the  cniwn, 
kH  manv  liljerties  no  not,  but  are  then  ex 
1  Strata Marctrlla,  9  Co.  and  15 Ed.  4,fol.  0. 
.  As  to  the  nature  of  this  right,  whether  it 
sonsidcred  as  a  rif^ht  of  tnkinj^  and  holdin*;: 
aother  ca[Kicity  than  that  of  natural  per- 
il or  as  a  ripfht  of  takinpr  in  succession, 
er  ncitlier  consideration  can  it  import  nny 
•parable  (juaUty.  In  'the  fonner,  it  is  both 
same  with  that  of  siu^^Ie  corporations,  and 
sly  implies  a  trust.  In  all  the  cases  of 
law,  where-ever  any  persons  take  in  ano- 
^s  capacity  than  their  own,  it  is  always 
■  trust,  as  executors  or  administrators, 
rehwardens,  Sec.  and  all  single  cor]>ora- 
■ :  and  where  the  law  creates  the  trust, 
law  jtrovides  remedy,  if  the  trust  be  broken, 
potting  the  trust  mto  safer  hands.  And 
me,  if  coiisidcre<l  as  a  ri^ht  framed  by 
ey,  to  take  iii  succession,  it  is  in  substance 
very  same  with  that  of  sin^ifle  corporations, 
if  any  advanta^  be  in  point  of  duration, 
diiies  to  the  side  of  single  corporations  ;  as 

0  framed  by  policy  to  have  continuance, 

1  die  other  of  agjipregate  cor|K)rations. 
»  Because  the  choice  of  the  successions, 
tAa  electire,  donative,  or  prescntative^  is 
ad  dsewhere,  and  not  in  the  person  him- 
«lfaal  it  eaimot  be  in  his  power  to  prevent 


•  Because  the  law  leaves  it  not  in  his  power 
ktanmne  the  corporation,  either  hy  sur- 
kr  or  ftMfeiture,  but  during  his  lifej  and 
HDOt  prgwlice  his  succession. 
teinlay  corporations  the  power  of  sue- 
in  beii^  intrusted  with  them  by  elections 
BBdnoe  it,  the  whole  right  is  in  them,  and 
■BBDently  in  their  power  to  determine  it, 
WKuy  not  electui|r,  or  electing  those  the 
lacqiacltates,  which  is  the  case  of  Wor- 
« ;  or  every  man  of  them  may  for  good 
ie  be^  disfranchised,  or  the  franchise  for 
ie  seized,  and  consequently,  for  want  of 
SnrioD,  fail.  Besides,  to  go  in  succession, 
k  mt  necessarily  imply  a  perpetuity.  Goods 
r  go  in  succession,  as  to  churchwanlcns.  A 
Hh  lease  may  go  in  succession.  The  king 
aiifauids  for  years,  rendering  the  rent  to 
■Uu  men  of  Chest  erfiekl ;  they  take  in  pos- 
in  M  a  corporation,  -Cro.  Eliz.  3.'i.  (Mich. 
The  same  case.  Hales,  Corporation,  pi. 
^Upon  these  grounds  that  there  is  a  con- 
nnexed  to  all  coqiorations  as  well  as 
liberties,  and  that  there  is  nothing  pecu- 
lAe nature  of  corporations  aggregate  to 
^y  them  from  being  liable  to  si-izUre  for 
^net  of  that  condition,  1  conclude,  eorpo- 
^Mnrny  be  taken  into  the  king's  hanils  by 
=lve ;  whidi  is  a  scpardtion  of  the  liberty  of 
^  a  body  politic  firoin  the  natural  jiersons 
^  (i|  Bnctou  phraseth  it)  n-ere  buiu$u/ruc' 


K 


futtrii  and  had  not  uhtolutvm  (fmninium.  And 
by  this  separation  the  natural  persons  are  only 
restonnl  to  the  g(A  eminent  of  the  common  law. 

Tlie  mischiefs  that  would  inevitably  follow, 
were  the  law  otherwise,  have  been  insistetl  on 
by  Mr.  Solicitor.  It  were  to  set  up  indei»en- 
d'nnt  common^'caUhs  within  the  kingdom  ;  and 
ncc«)rding  to  the  judgment  of  the  [mrliament 
21  £d.  3.  would  certainly  tend  to  the  utter 
overthrow  of  the  common  law,  and  the  crowa 
too,  in  which  all  stworeign  power  to  do  right, 
both  to  itself  and  the  subjects  is  only  lo«lgC(| 
by  the  common  law  of  this  realm. 

Tlie  answer  Mr.  Reconler  applied-  to  the 
mischiefs,  that  they  may  be  otherwise  punish- 
ed, is  of  little  avail.  Though  he  did  not  ex-* 
press  in  what  manner  they  might  be  punished, 
yet  it  must  be  intended  by  fine,  or  at  the  suit 
of  the  persons  injured  by  their  oppressions. 
The  same  answer  may  be  applied  to  the  op  • 
nressions  by  officers,  and  the  abuses  of  all  li« 
oerties  whatsoever,  and  likewise  to  excuse  the 
disfranchisement  of  any  one  member  of  a  cor- 
poration :  But  that  is  no  sufficient  remedy  to 
cure  the  mischiefs,  whilst  the  cause  still  re« 
mains  and  is  in  as  great  {lOwer  to  oppress,  as 
before ;  which  notliing  can  sufficiently  restrain, 
but  the  loss,  at  the  least,  the  fear  of  the  loss  of 
that  power.  To  put  the  subjects  grieved  to 
contend  witii  corporations  for  their  relief  by 
their  several  actions,  were  for  the  common  laW 
to  lay  a  greater  burden  upon  them,  tlian  what 
they  snflered  from  the  corporation ;  as  was 
sufficiently  experimented  in  the  case  of  the  duty 
of  water-uailagc  of  London,  before  the  Quo 
Warranto  was  brought  to  rescue  them :  And  if 
they  recover  damages,  those  damages  can  only 
lie  levied  upon  the  common  goods  and  estate  of 
the  corporation,  8  H.  G.  1.  And  many  corpo- 
rations nave  litth;  or  nothing  in  common  stock, 
and  few  coritorutions  sufficient  to  make  satis* 
faction  for  all  their  oppressions.  And  to  pro- 
sociite  for  a  fine  is  no  satisfaction  to  those  who 
are  iiijure<l,  nor  doth  remove  the  cause  of  the 
oppression.  And  the  law  would  be  deficient, 
if  such  inferior  jurisdictions,  or  corporations, 
were  not  subject  to  the  common  law  upon  the 
like  conditions  as  other  liberties,  franchiseflt 
and  inferior  jurisdictions  are.  [19  11.  6.  64.  9 
n.  6.  36.  Fitzh.  Ex.  128.] 

Mr.  1{t.*cordor  hath  affirmed  it  with  great  as- 
surance, that  never  any  till  this  suit  ever  so 
much  as  thought  of  resuming  corporations, 
which  are  subordinate  guvemments.  I  shall 
only  request  of  him,  and  of  the  other  ffcntlo- 
inan  of  the  city's  council,  to  shew  me  the  opi- 
nion of  one  learned  man  of  this  kingdom,  or 
any  other  nation,  deHlKnntely  delivered  upcpl 
the  question,  tliat  fetlatory  and  subordinate  go- 
vemnienls  cannot,  for  any  cause  w  hatsoever, 
lie  foi-f  cited  or  resumed.  That  de  facto  they 
have  l>ccn  resumed  in  other  nations,  is  testitiel 
by  many  authors,  wiih  their  opinions,  that  de 
jure  they  may  so  be ;  which  I  forliear  to  trou- 
ble the  court  witli.  Within  this  kingflom  of 
that  nature  are  counties  ]ialatiiie,  the  Cinque 
ports,  the  liberties  of  Ely «  IovUu\a^  vMEOiMe*^ 


«nd  twdi-rJic,  uui  the  cntpami<m«  of  tiwm  \  ud  hia  oOcen  kot  ool  b^  lb«  !»■ 
■nd  io*B  :  whu^b  are  all  bctd  of  ibe  atjwt,  of    boedk  i«auMT.     Itwa  lb*  conuU 


1  MpM  Ibd 


vorXaa  to  the  kw  of  lbs  land,  Mr.  Sohntor  i  hmbUIj  |n]«l  ibe  coulskk  won 
luib  dwwa  ia  MnrmJ  tiauara ;  nbidi  I  tfad  ihnrBihHmaD  to  tb«  bog,  ivUdi 
.  not  icpcat,  boi  ihall  pnvlacc  wme  otlien  U  ,  4efir«i«Jl«biiDaaikrdi«rcDmaM« 
|ir(i*4!  liie  mue  mtOia.  i  b*e  lea*e  t«  racnc  »«;w<liB|(ly  w^  MHitv^  iiy  the  e< 
a  tary  MnwHmUii  piMrdnn  jiroiluotdb;  Mr.  U>r  kiac:  lad  coudciI,  and  mtfomti 
SoGotor,  from  ibr  gluM  Mr.  Rminler  nos  liuinait: -tndliieiua)'ar,lwiUir>,wd 
|ll(d*cd  topiit  upiiD  ii,  thai  ii  wu  an  act  uf  >iij  onkml  to  bv  ihnr  alawfUin  J 
Mriisroenl :  v1i«ii  it  i*  uu  sacli  matter,  but  a  '  tbe  king  and  bis  oouocS  it 
J<i4):ine«t  oT  the  King'ii  bciu.'b  in  point  upon  a  '  besiio)^  llu;fcaf  in  Uic  pm 
fotialuriL.  tt  II  tbc  CUP  of  Samlaicb,  ai«^  .  and  batMi  ibr  the  nbulc  ( 
y.  9.  FA.  I.  Il<>t.  nuiju!)  :^5.  Kane  The  reootd  |  atati  is  ibiH  euKml  itiioii  that  tccon 
M  amnneit  die  pica  tolk,  in  the  treaiurv   or  '  '  aderniiuu  fiiil  nvr  DominaKi  Ihgt 

Ully.'ofii.*.  [.    ..      -  -  ' -T? 

11  ua*  ii[>oii  an  inT-vioalian  M  the  king's  suit  > 
{rreteatedby  iWnhmir  of  iLe  unioly  >gaii»I  ' 
UHKnaj-orof  S&ndnicb.  and  three  alh«r*,  for 
illiutf  ifae  ulieriirii  biiUffupon  e; "  — '' 


t,  nod  taking  tlic  writ  Irom  bim, 

Idjt ii>  And  itanipinK  it  under  hb  feet.  They 
pltod  tn  ihejiiruHiiclion,  Ibal  Stanore  wa»  nilhin 
Ibe  liberty  of  Suidwith,  witbin  the  Cinijue 
porta ;  and  that '  De  a]ii|oa  seductione  fac'  cor- 

•  pntii  Ke^,  non  tenentur  resnonilcre  alilH,' 
than  at  tbc  court  tt  Shepway.  The  jilea  »aa 
unr-rulcd  upun  tbii  gmund,  that  iMne  could 
claim  auvh  a  libertv  witUoiit  (^pn»s  gniul ; 
and  tbey  alien  do  enarm  tor  il,  and  were  ruled 
U  luiiwcr  o*cr.  They  iniiigt  upoo  ibal  ex- 
vttipbOD,  aod  reEute  to  ^re  any  fartheranswer ; 
tvlicreiipun  juilgnieDl  vias  given,  thai  they  be 
coiiiuiitlvd  to  priBOu  ;  Andlhe  Judgment  goes 
farther,  '  Et  quia  Johannes  Dennis  Major  de 
'  Sandwich  codticius  est  de  Iranseresaioiiibus 
'  prtedictiK ;  pl  factum  M^oratus  in  hts  quiu 
'Ugunt  Coniitaluru  eat  factum  ipsius  comma- 
'  nitatis,  consideralum  est,  ijiiaa  Coinniunil.'La 

*  de  flandwico  amitlal  ljb«1alf  in  suam.'  This 
IB  an  express  judgment  of  this  court  upon  the 
ftirfaiture  of  theUbeity,  for  h  crimt  committed 
Dy  the  mayor  and  othr^rs,  in  a  matter  relatinir  to 
the  whole  liberty.  Before  lliis,  the  Franrhiae 
of  Sandwich  was  seized,  as  tbrfeited  inio  Ibe 
kind's  hanibi  for  a  nouiHuus  riot  couitnillcd  by 
tiifcinhabitanU,iiinh5tructinnofJustice,3Ed.  1.^ 

The  case  upon  thai  record  hos  thus ;  upon 
•n  inquisition  tiiund  of  ]>urprestures  within  the 
lung's  warren  of  Dorer,  by  stopping  a  waler- 
tnurae,  whereby  Ihe  warren  was  overflown,  a 
Vrrit  issued  from  ihe  court  of  Dover,  to  distrain 
the  oSender  by  his  roods,  to  amend  and  remove 
Uie  purpreslure :  the  officer  distrains  Ibe  cattle 
ofSunon  Eicheslon.wbo  was  the  offender,  and 
Bved  at  Rindwicb,  within  the  Cinque  Pon. 
Some  of  llie  men  of  Sundwiclmiakerescous; 
and  when  the  constable  of  Dover  sent  messeu- 
E*rs  to  complain  to  the  miiyor  of  Sandwich  uf 
thisreBrous,  and  to  require  redress  ;  after  tlie 
complaint  made,  and  no  redress  had,  several  of 
the  men  of  t^Budwich  iell  upon  (he  messengers, 
«Dd  severely  beat  than.  Then  the  constable 
sent  more  otficera  lo  see  right  done,  against 
wbom  tlie  toini  wm  btirocoiled  asd  ckuned, 


dlium  $uum  in  I'atiuuoeiitOi  <)aod  i 
'  *t  Libenas  de  Hawln  i<^h  f>n>  pmdii: 
'  grtssionibBs  iii  manin  Rrgic  capiali 
'  dainr  in  custodia  (Joiisubulario  ile  i 
'  ilisponendum  de  urwdieta  VilU  i 
*-  conunuueii]  Lcgfeni  v%  CoumrtiHlim 


non  ohdante  abiiiia  libotate.' 
appcar«,  both  by  ibr  lonii  and  malkr 
tliat  fonn  wai  juiUcial,  aqd  not  Iqrnl 
agreeable  la  the  forma  of  jtidginenl  ia 
coiDinou  law  courts,  and  in  our  U 
Mete  is  a  judgment  only  of  saifurt  uj 
feilure,  yet  it  amouDted  to  a  real  en. 
tiie  town  waa  actually  diTfsted  of  lb 
and  delivered  up  lo  the  goveroam 
common  law.  For  <  capiatur  Hiji 
Liberlas  de  Sandwich'  in  uw  aai^(ular 
in  '  nuunis  Regis  IradUur  in  ciutodit 
'  bulario  suo,'  ivho  is  the  conuoimli' 
uiihin  Ibe  Cinque  Ports,  is  no  uinreihi 
the  town  to  the  govenuneiit  of  ibe 
Ian  ;  which  is  fuller  explained  bv  ll 
queiit  wonb  of  ■  disponeuduin  de  VH 
'  dnm  Legem  et  Consuctuilinein  K(^ 
it  upjwars  by  this  record,  that  then  ii 
enci)  between  the  liberty  and  the 'liUct 
sometimes  '  ville'  is  used  for  ihe  likP 
'  ville;'  but  here  the  mayoralty  and  ll 
are  seized,  and  the  '  ville'  delivered  a' 
common  law  officer.  [Pasch,  3  Ed.  1 
54.     l>orso  RoL  m^us.] 

The  next  precedent  1  insist  upon,  a 
cited  by  Mr.  Kucotiler,  the  case  uf  llx 
Cambridge,  but  liuueutaUy  dcTacid 
lord  Coke's  untr^nal  note,  anil  Mr.  B 
averment,  that  by  the  record  it  appear 
been  by  common  consent  of  pariiauM 
ihcr  insist  ii]ion  this,  ibr  ibat  Mr.) 
hath  acknowledged  its  f(irc«,  dial  V 
ii|K>n  the  Corporate  Itight,  and  *t> 
(brfi^ture  ;  but  lays  the  lorce  nf  it  W 
an  act  of  parliament,  when  in  truth  i> 
judgment  of  a  court  ol' law,  and  iiap 
the  record  it  was  no  act  of  purliUM 
Recorder  cited  the  ri-conl  b  B.  1. 1* 
Inst.  aS8.  and  it  is  probable  Hr.  1 
looked  nufurtber  than  that  UMk(r.4 
margin  it  is  so  cited,  but  miscited  1 9 
body  of  the  book,  in  putting,' ihe  csiM 
cited  i  for  the  teconl  is  b  It.  'i-  **■  H 
il  is  efidcnt  by  ihe  margiual  oM^ 


rE  TRIALS,  34  Ch arlbs'IT.  l^Sl^.-^-flHi?  the  CHy  of  Lonian.     (i  ISf 

the  city  of  Winchester  seised  into  the  king'4 
hands  by  juilgitient  of  the  king  and  lords,  Hot 
suffering  a  hostage  of  Baion,  who  was  com* 
niitted  to  their  charg^e  by  the  king  for  satecus- 
tmly,  to  escape,  to  the  king's  great  damage. 
The  writ  of  seizure  is  directed  to  the  sheriffof 
the  county,  *  quod  pnedictam  Civitatem  Win- 

*  toniie,  et  Libertatem  ejusilem  Ci\itatls,  cum 

*  omnibus   ad    eas  tangentibus  sine  dilatione 

*  capiat  in  manum  Regis,  et  eas  salvas  custo« 

*  diat,  douec  Hex  aliucl  pneceperit.'  Where- 
by tlic  franchise  being  seized,  the  men  of  the 
city  are  put  under  the  government  of  the  com- 
mon law  officer.  Afterwards  the  city  com- 
pounded with  the  kinji^for  500  marks,  and  then 
the  king  *  redditit  cisdein  Majori  et  Civibus 

*  Civitat.  et  Libertat.  pnetlict.  habeud.  et 
'  tenendum  in  forma  qua  eas  tenuerunt  ante 

*  captionem  earundem  in  nianus  Regis,*  and 
letters  jiatents  of  restitution  were  granted,  and 
a  writ  of  restitution  directed  to  the  sheriff*. 

These  were  judgments  by  the  king  and  lords 
in  parliament,  upon  forfeitures,  and  were  judj^. 
nients  of  seizure  only,  according  to  too 
settled  rule  and  practice  in  tlie  common  law 
courts. 

l^Iich.  18  £d.  3.  Rot.  161.  B.  R.  in  the 
treasury  or  tally  office.  A  judgment  of  the 
King*s-Beuch  against  the  town  of  Ipswich, 
upon  a  forfeiture.  Tlic  bailiffs  of  Ipswich  are 
impleaded  by  the  king,  upon  a  special  infor- 
mation, reciting  that  in  the  King  Vbeiu;h,  sitting^ 
there,  scFeral  malefactors  were  indicted  for  the 
death  of  one  John  Ilolthy  ;  and  that  many  of 
the  said  town,  '  tarn  de  uiajoribus  quani  de 
'  inc<liocrit)UN,'  did  comfort  and  encourage  the 
felons  after  the  f<'k>ny  coumiitted,  and  treated 
and  entertained  ifiein  with  viands  and  great 
joy.  And,  after  the  departure  of  the  Justices, 
kept  a  mock  court  publicly,  and  summdned  the 
justice},  and  the  ofHcersof  the  ctnirt,  to  appear 
under  several  |»ains.  To  which  the  bailiffs  ap- 
pL^red,  and  were  op(M»sed,  by  the  coui-t^.why 
rhey  did  not  attach  and  stay  the  maleiiictors  ? 
They  unswere«l,  the  iiiaietactors  tlew  to  sanc- 
tuary. Being  further  op|K>sed,  that  tliey  did 
not  attach  those  of  the  town,  that  fiu-nished  the 
malefactors  with  *  esculenta,  et  poculenta,'they 
phmded^  *  (jjuod  non  ausi  fuerunt,  eo  quod  tanta 

*  fuit  inultitiido  gaudentium  et  plures  eorum 

*  fueree  parentela  inalefactoruin  :*  whereupon 
judgment  was  gi\ en  *  contra  Balivos  et  com- 

*  inunitat.    Quoil  custiMiia  ejusdem  Villce  seisi  - 

*  atur  in  manus  Regis,  etquiHl  aliquis  ex  parte 

*  Domini  Regis,  qui  sit  ausus  ad  pacem  domioi 
'  Regis  manuttriicndam,  he  iutnunittatin  eadem 

*  Villa,  quotisqiie    Dominus   Rex  aliud    inde 

*  dixerit.'  Which  the  record  shtiws,  is  the 
Imiliffof  the  county,  the  common  law  officer. 
And  the  mayor  and  the  bailiffs  in  open  court 
surrendered'their  staffs  of  office.  This  Judg- 
ment is  agreeable  to  those  in  |iarliament,  and  of 
Mri  ureonly. 

R.  Clans.  7.  Johan*  Memb.  24.  Civitis  et 
Lil»ertas  Norwiei  was  seized  into  the  king's 
hands,  for  lianfiing  approvers  without  the  licence 
of  theJuigorliif  justioe«';  w^thftiuK^^ 


ing  it  was  the  common  consent, 

Ret*onler,  to  affirm  it  to  be  an 
mt,  when  the  contrary  appears 

The  complaint  to  the  kin&f  and 
inient  ngainst  the  town  of  0am- 
a  great  riot  committed,  and  an 
10  university  ;  and  the  fact  in 
:  same  as  relate<l  in  the  fourth 

as  prosecuted  at  two  suits,  the 
(;  latr  may<»r  and  bailiffs,  who 
p  of  the  riot  in  their  natural  ca- 
i(T  against  the  mayor,  bailiffs, 
y,  ill  their  corporate  capacity  ; 
iiaiilc  *  coraii*.  nobis  et  concilio 

former  mayor  and  bailiffs  ap- 

in  their  natural  capacity,  that 
I  or  assenting  nor  aiding  to  the 
li  nor  said  any  thing,  that  might 
iiage  of  the  university,  unless 
1,  and  outrageous  compulsion  : 
lus  to  have  been  no  further 
hut  suit.  Upon  the  other  writ, 
iliffs,  and  commoiiahy  appear, 
nay  have  a  copy  of  the  articles, 
i\  to  them,  and  counsel  allowcnl 
iiv  to  answer  ;  and  such  answer 
IS  is  inentionofl  in  the  4th  Inst, 
rd  it  is  said,  it  was  answered  by 
that  the  court  t^>ld  them,  that 
should  not  Im;  ]mt  to  answer  to 
.fh  must  be  in  order  to  a  fine) 
ling  their  liberties.  [Cotton's 
fn\  touching  their  liberties,  they 
tlu*ir<H>unsel,  to  the  jurisdiction 
which  is  omitted  in  my  lonl 
saith,  afW  many  dilatory  shifts 
s  follouiiig  therein,  the  ctmrt 

plea  to  the  jurisdiction,  and 

answer  in  chief;  and  if  not. 
Id  l»e  entered  hy  '>ihildicit.' 
tied  a  frivolous  plea,  partly  Not 
I  excuse ;  and  the  king's  scr- 
.nd  the  plea  was  heltl  naught. 
»  Kiibinittcfl,  as  to  the  franchis>4>, 
race,  saving  that  it  migtit  be  no 
icni,  if  thc\  siiould  Im;  calk'd  in 

crime.  Whei-eupon  judgment 
»nly  given.     The  words  of  the 

:  *  Nostr<'  Seigneur  le  Roy  de 
Hates  V  Si'igneursen  C4»st  I'ar- 
eiser   la  dit   Franchise  en   sa 

forfeit  pur  la  dilz  Caus(*s.' 
e  record  it  app(.>ars  by  all  the 
ey  were  judicial ;  Init  the  ph-a 
»n  of  the  court,  and  the  jutlg- 
ng  and  lords  only  are  deiiion- 
(  no  act  of  parliament,  nor  ad- 
pgislative  jiower,  but  by  a  court 

pnn  the  same  reconi,  that  the 
jveral  of  the  particulars  which 
lie  University,  who  enjoy  tlicni 
Et  la  Rcinnante  dc  la  iVunchiss 
the  kin«r  gr<intc-<l  to  the  mayor 
lokl  of  him  and  his  heirs,  at  the 
101  marks, 
lac  FarL  277.    The  liberty  of 


■■b  kin^.    Rot.  Fio'  Meiub.  lo.  (13  Ed.  1.) 
^B^^B  libertira  of  Norwich  seixed  for  a  gretit  riot, 
Md  bunting  the  church  ;  The  rs.se   is  men- 
^anlliiill.  rrcruH:ative,  tbi.  au4.     The  liber- 
lie*  of  Xiirwicb   were  agaia  seized,  31   If.  0. 


[1«9]  STATETIIIALS,34Chaslr5U.: 
^moned  to  answer  for  the  damage  do 


C 


lie,  and  olterwards  regrantal  to  llient, 
87  H.  6,  Putt.  Roll.  Meinb.  19.  The  case  is 
died  by  fllr.  Noy,  in  the  voim  of  the  city  of 
X-ondon,  oncci'iiing  the  death  of  0r.  lAmb, 
Cm.  Cur.  syi. 

The  liberties  of  Oxfon!  were  seized,  3S  H.  3. 
for  B  (freat  riot  couuniited  by  the  townsmen, 
)>heii  tlic  king's  brother  was  tliere,  nod  killing 
fff  kin  hrutber's  baker.  The  writ  to  the  sheriH' 
pint  ihuK  i  '  Quod  capiat  In  nanus  regis  fil- 


*  pulkun  iudc  habeaul  adiuiDislratioiit>iu  ;'  lh< 
king  JD  the  Home  yeiu'  pardonn  lliem,  ami  grants 
ihnia  veslitulioii,  and  u  writ  to  the  slierilf  tu  put 
tbem  into  jiosBeasioD,  38  H.  3.  Mcmb.  13. 
Hal.  Lib.  L,  f.  3S6. 

Again  the  Uberties  of  Oirfbrd  were  seised  99 
Ed.  3.  uud  (tart  of  their  liUrr4ies  granted  to  ilie 
university,  ichicb  are  eojoyed  by  tbein  to  this 
d^Vi  and  the  residue  restored  to  ibe  town  ;  the 
aeuiiire  was  for  a  riot  coiuniitled.  Rot.  Claus. 
to  Ed.  3.  M.  91. 

SOll.3.  TUoli;  _  ,  "  " 
DUm  meaiiirca,  wlien  itie  king 
sAerwards,  upon  subiuiimoii  M  the  abbots  and 
nHmkH,  the  king  makes  restitution  lo  them, 
a.Cl.  aii  H.3.  ill.a. 

18  Kd.  1.  The  town  of  SonlhamptOD  was 
•eized  into  the  king's  bnnil  j,  tor  woundiug',  even 
10  ileutb,  an  officer  in  serving  lUe  king's  writs  : 
they  after  subtnitlcd  U>  a  line,  and  took  n  new 
giBDt,  and  RLJsed  their  fee  farm  rent  lo  'JO/. 
per  ann.  Roll.  Prerog.  I'ol.  aod. 

It  would  be  too  great  a  li-ouble  tu  the  court, 
to  cite  more  prccedentH  of  seizures  for  Ibrfeil- 
ures.  In  all  tliese  instances  restitution  vtas 
never  made  by  Ibe  court,  bnt  by  ihe  8|ieclal 
gtvccuf  the  king,  after  submie:siou  to  biin,  and 
upon  such  lernis  as  he  was  pleased  lo  aciepl ; 
and  in  some  cases  was  pleased  to  restore  them 
to  the  whole  ;  in  ulber  coses,  but  to  the  part  of 
tlie  liberties.     That  this  lilierty  of  being  a  body 


adoiittcil  it  iftlie  suit  be  brought  against  par- 
ticular members,  und  the  caves   pcuduced  by 
n  the  case  of  Cusack,  the 


Cuna  advUnre  null  was  upon  lliat  very  poi 

of  being  a  body  politio;   and  the  case  of  tl 


Tiwiuia  conipnoy,  the  very  hbarty  of^)eing  a 
boiQ'  politic  is  by  the  judgment  seued  into  Ihe 
kind's  bands. 

1  will  gii  0  sonic  iustanres  where  it  both  been 
done,  in  cases  of  lino  tVurranlo,  againsllheui 
by  the  iucorporatc  name. 

FiU.  Avowry  ISt'.  In  Ibellerof  Lancaster, 
■  Qno  %Varrauu>  ajL^uiu^t  the  bailiifii  and  com- 
HiDDalty  of  Lancaster  :  lliey  appear,  and  claim 
^  a  CMHef  ofkwg  Ma,  whenbjr  tbelung 


1.B.R 


iMilifld 
fUkdi 


Ofrants  to  them  all  such  fnnchius, 
borough  of  Northampton  bad^  U 
tbrth  upon  record  what  I'tancliisa 
lot)  had .-  nor  do  make  tide  t  * 
by  piewriplion :  and  fur  that  re 
was  giveu,  their  iranclu*e  be 
kiog^  hands  as  forftnled. 

In  theiriuge  I  before cilBd,a 
agHiDBtthebajUfr^andaldeniics 
and  judgment  against  tbra  $f' 
liberty  ahouUI  be  taitea  and  teiie 
hands,  tliougli  afterwanls  it  x 
cause  in  miiericonJia  was  eatemi 
Cajiiattir  pro  jiac  ;  jet  it  is  i 
pomt,  that  a  corportttion  might 
seii«d  by  dc&ult  in  pleading. 
30  Jac.  1.  Hot.  17.1 

The  cajie  of  New  Hollon,  Trio.  6. . 
R.  3.  is  an  express  authority,  thai  lUi 
n>ay  be  seized  DV  judgment  in  a  ttm  W^ 
iigainHttheiabafnIaDlsnfaluwn,b}  U  ' 
porate  name.  It  is  braugbl  agau»lU»U 
and  burgcHSkS  of  New  ftlallon  ;  imltlKiH 
of  the  information  is  the  vpry  laiue  I'll 
against  the  city  of  London, 
their  cori>amte  name,  and  entitle  dtvu 
the  hberly  by  preacriiitian  ; 
judgment ugamst  them  ay  tin 
ofseixure  only,  tluttthemwrly  teUkwl 
seized  into  the  king's  hands  i  Md  *tiP 
more,  Iht;  '  Capianlur  pro  fine'  agaiaH  AM 
entered  against  tlieni  by  the  eornnttivri 
'  Rallivi  et  Buigenses,'  though  the  MqM 
by  tht       * 

sufficient  description  of  tUese  peniODi 
hable  to  the  fine  for  their  usuTpaliao< 
no  doubt  can  be  made,  but  that  Ihe  DM  I 
may  be  forfeited  aud  lost,  by 
wrong  title,  as  well  as  by  defanll  oruj 
forfi°iturenhatsocver.  lliislowolidun  ^ 
weight  of  tllat  judgment  to  tliis  day  ;  tf'l 
no  corporation  ;  aiid  being  oppoeea  bj  At! 
terest  of  the  Lord  Eure,  who  prosewirf  ■ 
Uuo  Warranto,  did  never  obtain  atty  it^ 
or  regrant. 

A  Qi 
burgissi 
[Mieh. 

anil  judgment 
seisure,  Fascli 

corporation  at  this  day.  .^  .^■.  — —  .  j. 
the  justices  in  eyre,  when  upon  rlaiP"  1** 
the  liberties  were  lost,  eilller  upon  w*  «J 
in  pleading,  or  ibr  some  small  obuirr  «^ 
lake,  the  justices  were  intnuted  uithth'BV! 
mercy,  lo  admit  lo  a  line  for  redemp'***! 
make  reslitulion:  Etui  iudgmeni  ^'^JTj 
for  seisiire.  .4nd  regularly  ujioiillKie^ 
Quo  Warrauio  rKryri 
of  Quo  Warranto,  wbiclt 


thouefa  the  My** 

iolvcJ;  and  (lK>^ 


olidunlB' 


i;<dl 


of  Berkhainstead  in  com.  m* 

5  Car.  2,  U3  R.]  Tbey  tp|^ 
mem  ;jro  dtfeetu  rtspv'M  f'** 
Pasch.  10  ear.  9,  and  tb^J"^ 
m  at  this  day.     In  the  aniieoin^ 


in  the  Si  „     , 

given,  if  for  the  king,  bnt  a 

or  of  Ouster ;  if  for  the  defeudiuV.  • 

ment  of  allowance,  or  '  lial  sine  O'^.   ^ 

'  Capias   jiro   Fine'   is  oollalenl,  MJ*JS 

osurjiatiou,  not  lor  tbewuw  vt'  If^^^ 


STATE  TRIALS,  34  Charles  II.  iSB^.'-Md  ihB  City  of  London,    [l  186 


It  nHn  one  of  the  article  of  inquiry 
,  how  they  had  luied  their  ]ibeititis?  if 
fe  was  firand,  thoagh  never  bo  small, 
fntofseianre  wasipYen;  though  after- 
redeemed  by  fine  upon  suDmission. 
^anranto  upon  a  claim  of  view  of  frank 
in  eyre.  [Rastal.  pi.  1,  fbl.  540.1 
demanded  of  tiie  defooidant,  if  he  had 
llorr  or  tumhrel  ?  lie  answered,  he  had 
lodgment  was  prayed  on  the  behalf  of 
ig ;  for  that  amounted  to  a  forieiture ; 
'  that  were  not  sdfllcit'nt,  that  then  it 
he  enquired  on  behalf  of  the  king*,-  how 
od  used  the  liberty?  The  jury  find, 
be  defendants  and  their  ancestors  had 
of  frank-pledge,  but  find  that  the  de- 
lta had  taken  amerciaments  of  offenders 
It  the  assize  for  bread  and  beer,  amount- 
>  two  shillings,  in  such  cases  whferc  the 
ers  should  liave  been  puniikhcd  by  the 
f  and  tumbrel.  *  Ideo  consideratum  est, 
Hsus  capiatur  in  manus  Regis.'  And 
diey  prav  they  may  have  their  liberty 
npon  a  mie,  which  is  granted  to  them, 
pKdg[c9  for  well  using  of  their  liberties, 
lere  is  no  difference  where  the  liberty  is 
ion  a  defective  claim  or  mispleading',  or 
orfeiture  In  Quo  Warranto ;  the  judg- 
M  the  same  of  Capias  in  Manus ;  and  it 
one,  whether  the  cause  of  fbrfeiture  be 
by  a  jury,  or  centred  upon  the  plead- 
b  a  Quo  Warranto. 

I  next  preliminary  point  wliich  was  mov- 
,  whether  the  acts  of  common  conn- 
Ihe  a^  of  the  corporation,  and  do  oblige 

eems  a  strange  question,  that  when  to 
Ue,  consult,  determine,  and  to  make 
and  by-laws  for  the  rule  and  govern - 
incideni  to  every  corporation,  without 
I  clauses  of  grant,  ana  that  herein  only 
ts  the  exercise  of  the  politic  reason  of  the 
body,  it  should  lie  doubted,  whether 
hey  determine  and  resolve  upon,  being 
itly  assembled,  be  a  corporation  act,  or 
fleet  the  corporation  ?  Upon  the  erec- 
'  til  corporanons,  this  power  of  asscm- 
deliberating,  and  determining  for  the  cor- 
m,  is  either  intrusted  witn  a  few  parti - 
members,  whose  continuance  in  that 
both  as  to  the  present  ineiiibcrs,  and  the 
■ion  of  them)  is  directed  by  the  several 
n :  Or  else  It  is  intrusted  with  the  whole 
and  that  either  expressly  in  idain  words, 
implication  of  law,  when  the  charters 
together  silent  therein :  The  law  in  such 
idgeth  the  power  of  assembling,  debating, 
Ifnniiiiug  for  the  corporation,  in  all  the 
en;  and  the  whole,  jointly  assembled, 
many  of  them  as  ujion  notice  shall  ap- 
oonstitute  the  common  council:  And 
inembly  is  n«yt  stiltxl  the  common  coun- 
m  beiug  retained  and  giving  of  counsel, 
.  Reconlcr  would  have  it,  in  \»hirli  sense 
If,  and  the  common  scrjeatit,  are  the 
yja  council  of  the  city  ;  but  they  are  w) 
Aom  theirjoint  assembling  and  consult - 
U  TUI. 


ing  fbr  themaelves,  who  constitute  die  body 
politic.  In  the  same  itense,  the  parliamentii 
of  £ngland,  by  many  authoritice,  are  cdled 

*  Communia  Reeni  ConcUia.'  Thiirt  power,  thus 
lodged  in  the  whole,  may  be  the  whole,  or  the 
major  part,  which  always  bindsthe  whole,  beuM^ 
lodged  or  delegated  to  a  certain  number,  whlen 
may  represent  the  whole.     In   aach  caM^ 
where  tne  poH'er  is  transferred,  those  memben 
to  whom  it  is  transferred  constitute  the  com- 
mob  council  in  the  same  manner,  and  their 
acts  are  of.  the  same  obligation,  as  where  all- 
meet,  unless  the  delegation  were  not  geneiml, 
but  certain  casetf  reserved  fbr  the  determiiiatibli' 
of  the  whole,  as  hath  been  done  in  several 
corporatiomf ;   but  in  all  cases  not  ezoepteili 
their  acts   are  the  acts  of  the  whole  body. 
Where  the  common  council  ig  constitttted  of 
the  whole  body,  or  of  all  the  members  Who' 
will  meet  upon  notice,  there  is  no  room -left  Ibr* 
doubt,  but  their  acts,  and  the  acts  of  the  wh<de 
corporation    are   the   same.     Mr.  Recordeif 
fleeros  the  only  person  that  ever  doubted  it,  aiul 
is  not  to  be  beaten  from  his  holds. 

First,  That  the  common  council  consist  only 
of  particular  members,  and  their  acts  Innd  oilly 
the  members ;  <  et  actio  non  egredkur  perso- 

*  nam.' 

Se<wndly,  That  no  corporatk>n  act  caii  b(f 
withoot  the  obmmon  seal. 

Thirdly,  That  the  acts  of  the  comnm 
council  of  London  are  undm:  the  protection  of 
the  statute  or  charter  in  ^rliament  of  1  Edw.  3, 
their  acti  are  penonal,  aild  they  but  mmlstera 
of  the  titr ;  and  that  the  charter  nrovidte, 
that  thelioerty  of  the  city  shall  not  be  takctt 
into  the  king's  hands  for  any  personal  trespaait 
of  any  minister  of  the  city. 

For  the  fh^t,  I  have  already  demoh6trated» 
that  there  are  no  acts  of  the  corporation,  but 
what  are  perfhrmed  by  the  particular  mem^ 
bers;  I  will  not  repeat.  I  have  produool 
many  instances,  that  in  point  of  crime  the 
acts  of  particuhu'  members  do  affect  the  cor- 
poration, touching  their  liberty.  That  they  dft 
so  in  point  of  wrong  between  subject  andnh* 
ject,  the  cases  are  intinite ;  I  will  only  mentioil 
the  authorities :  9  If.  C,  36,  b.  8  u.  d,  1,  a. 
and  14,  b.  45  Edw.  3,  $.  b.  15  Edw.  4,  1,  b. 
5H.  7.  96,  a.  4H.  7,  13,  a.  31>.  H .  6.  9,  a.  7* 
1  shall  add  one  case  more,  tliat  absolutely  de- 
stroys Mr.  Recorder's  hypothesis,  upon  which 
he  relies,  '  That  a  corporation  cannot  do  or  suf- 
fer any  wrong ;'  it  is  48  Ed.  3,  17,  b.  The 
mayor  and  commonahy  of  Lincoln  bring  cove- 
naTit  against  the  mayor  and  commoindty  of 
Derby,  upon  a  deed  of  covenants  made  by  tk^ 
predecessors  of  those  of  Derby  to  the  prede- 
cessors of  Lincoln,  that  those  "of  the  towtt  of 
Lincoln  should  be  dischai-ged  from  tcHl  fbr 
their  merchandizes  brought  to  Derby.  In 
their  court  they  assigned  for  breach,  that  two  of 
the  burg»;sscs  of  Derby  hv  name  did  exact  afli 
take  toll  of  several  of  thebiu'gcssi^  of  Lincoln. 
The  defendants  first  take  exception  to  the 
count  for  variance  fniiii  the  ^t\\.%  vV\^  ^&s^ 
writ  aiippoM^Yi  im^  ^^«^^s«9^  ^^  \k«*^  ^fc 

4« 


tion  cftimoCt  Dy  any  ceminon  intendment,  De 
undeniood  to  loeet  together  to  take  toll.  Here 
if  an  exprew  judgpnent,  that  *  Crimm  (^fredi- 
'  tur  penonam,'  and  shall  render  the  corpora- 
tion haUe  for  wrongs  done  to  a  particular  mem- 
ber of  another  corporation.  Much  stronger  is 
the  case  of  the  king  upon  breaches  of  the  con- 
dition in  law,  as  1  liave  shewn,  where  tlie  acts 
of  the  particular  members,  committed  against 
the  king^s  officers,  are  adjudged  done  against 
the  kii^y  and  render  the  cor|)oration  liable ; 
but  when  all  meet  together,  aiul  do  not  act,  1 
may  say  it  was  never  yet  doubted  but  the  cor- 
poration was  obliged. 

The  case  of  Warren,  [Trin.  1?  Car.  l.Cro. 
540.]  wliidi  was  cited,  of  the  place  ofcom- 
inon  council- man  of  Coventry >  is  nothing  to 
this  pur]M>sc ;  uor  the  reason  given,  That  such 
place  u as  collateral  to  a  corporation;  which 
was  no  more,  than  that  the  court  could  not  ex 
officio  take  nfitice  of  it  as  a  fixed  place  or  office, 
but  must  take  it  upon  the  retnm ;  it  being  va- 
riously used  in  several  coqiorations,  as  I  have 
diewed  ;  and  the  ctistAiii  being  returned  to 
choose  and  remove  them  ad  libilutn,  tlie  court 
could  not  judge  otherwise,  as  tliey  may  of  the 
freedom  of  any  metnber,  which  is  the  same  in 
•II  corporations.  And  tlierefore  in  tlie  case  of 
£stwick  and  Bret,  common  council-men  of 
London,  where  the  court  could  take  notice, 
they  were  chosen  for  a  time  certain,  the  court 
•^judged  they  could  not  be  removed  without 
oause,  and  granted  restitution,  [l*rin.  23  Car. 
1;  Rol.  Restit.  PI.  8.  fol.  456.]  Tliat  the 
members  of  a  corporation  can  be  punished  only 
in  one  capacity,  and  not  in  both  capacities, 
•nd  impeaching  them  for  treasons  and  felonies 


turaipersons,  and  that jusd 
an  ofllence ;  and  therefore 
feitures  doth  not  encourage, 
from  commission  of  the  criii 
zens,  when  they  know  tl 
pressions,  and  libcUiug  of  tl 
not  only  subject  their  persi 
who  are  the  immediate  actor 
the  constitution  and  ffoven 
to  be  questioned,  wiu  lodk 
under  stricter  bonds  for  discb 
than  common  subjects  are. 
nobility,  who  have  so  great 
vemment,  for  treasons,  do  n 
lands  and  Uvea,  but  their  rigb 
is  a  special  trust  for  govemn 
forfeited,  in  cases  where  theii 
feited,  but  only  during  their  1 
dition  annexed  to  that  spec 
the  statute  of  S6  H.  8,  if  a 
and  the  heirs  males  of  his  ho< 
Uiids,  commit  treason,  his 
feitei]  from  hb  heir  in  tail ; 
forfeited  and  extinct,  and 
the  statute  of  ]>onis,  by  reai 
annexed,  NeviVs  case,  7  Co 
is  the  same,  where  the  diguit 
liament,  or  by  act  of  parlit 
forfeitable  in  one  case  than 
condition  the  law  annexed  is 
when  the  members  of  a  corpc 
assembled,  commit  treason  a 
it  inust  certainly  be  acknowl 
their  duty,  in  whatever  cap 
sidered  j  especially  since  t 
James,  wliich  makes  the  oi 
bepartofe^ery  freeman's  < 


I :_-i.A 


t.   ij    .1*  <i 


l$]    STAT£  TRIALS,  94  Chables  H.  \6^Q.^^md  the  City  of  London.    [ilSO 


ror,  sheriffs,  or  other  officers,  ever  acted 
Jly  in  their  choice  by  the  corporation,  be- 
ie  not  under  the  cominon  seal :  then  no 
laws  are  valid  as  corporate  acts,  because 
under  the  cominon  seal :  the  same  may  b« 
bj  most  of  the  corporate  acts  in  cities  and 


a  the  case  of  Cambridge  before  the  kinf^ 
lords,  5  R.  2.  Birdiield  and  other  burgesses 
sared  on  the  belialf  of  the  commonalty. 

court  demanded  of  them,  if  thev  had  aii- 
ity  under  the  Common  Heal  of  the  town  ? 
y  answer,  the  town  had  no  Common  Sea], 
that  they  were  chosen  at  a  common  as- 
My  of  the  town  summoned  for  that  purpose, 
sh  b  the  Common-Council,  to  appear  for 
Tommonalt}',  to  answer  and  receive  *  ce 
iz  la  ley  volt,*  and  the  authority  was  ad- 
ped  sufficient.  The  common  c<»nnril  say 
'',  arebut  ministers  of  the  city,  andtlich- 
y  of  the  city  hath  a  special  protection  against 
personal  acts  of  their  ministers  by  their 
ter  in  pari.   1 .  E.  3.     I  have  a  copy  of 

charter  by  mc  from  the  records  in  the 
'scr.  The  Icing's  grant  indeed  is,  '  de  as- 
isii  Pnelatorum,  Comitum,  Baronum,  et 
Ins  Commimitatis  Regni  in  instanti  Par- 
aoenlo.'  The  considerations  of  the  charter 
*  pro  melioratione  Civitatis,'  and  for  the 
laole  services  of  the  mayor,  aldermen,  and 
xaonalty,  performed  to  the  kim^  and  his 
SHOTS ;  but  the  grant  is  only  *  Civ.  Civi- 
is  proedict.  habendum  sibi  et  successorib. 
!■•'    The  wonls  of  the  grant  are :  *  Quod 

•  tliqna  personali  transgressione  vel  judicio 
nonaJi  ahcnjus  ministri  ejusdem  Civitatis 
■a  capiatur  libertas  illius  in  manum  nos- 
itn  vel  beredum  nostrorum,  nee  custos  in 
Acm  Civitate  ea  occasione  deputetur ;  sed 
imoKNli  Minister,  prout  qualitas  trans- 
BHionis  requirit,  puniatur.'  These  are  all 
Wiordt  in  that  charter,  which  refer  to  this 
feer;  and  the  same  were  g^nted  to  them  in 
e  former  charters  out  of  parliament.  This 
Bmrs  by  this  charter  in  parliament,  that 
taertas  Civitatis,'  which  is  the  franchise  or 
mratioD,  had  been  seiKcd,  and  might  be 
ed,  ibr  some  personal  miscarrii^^  of  the 
liters ;  for  it  is  merely  the  king's  grant 

exempts  them  from  it  ror  the  time  to  come. 

*  ^ree,  that  every  |iersonal  miscarriage  of 
r  ministers  was  never  any  cause  of  for- 
ire;  bat  it  must  be  miscarriages  ofomis- 

or  commission,  which  amounted  to  a  mis- 
fernment  wi^n  the  corporation.  As  iiO 
t.  Rot  CI.  niemb.  5.    The  city  of  London 

taken  into  the  kind's  hands,  for  not  levying 
le  and  cty  upon  tlie  death  of  persons  who 
IB  alain,  Hale  Lib.  L.  fo.  269.  H.  3.  memb. 
Their  liberty  seized  ibr  giving  of  false 
paent  in  the  hustings.  Lib.  L.  309.  These 
Sufficient  to  shew  what  are  the  *  personalis 
liMl^mwio,'  and  *  personale  judicium'  in- 
lad  to  the  charter ;  thoueli  many  tlie  like 
sneei  may  be  produced.  Who  are  the 
liileni  mtended,  partly  apjiears  by  the  char- 
l  tat  fbUer  by  otner  authorities,  viz.  Mayor, 


and  Aldermen,  and  Slierifls,  who  are  in  that 
charter  expressly  incntioued.  But  this  charter 
did  not  prove  of  any  great  or  long  advantage 
to  the  city,  in  differing  them  as  to  this  privilege 
from  other  corporations ;  for  they  were  n^ 
with,  either  by  excessive  fines  set  upon  their 
officers  for  personal  defaults  and  false  Judg- 
ments;  or  that  it  excused  the  city  only  upon 
the  first  offence ;  and  if  again  they  committed 
the  like  offence,  it  was  no  longer  personal,  but 
become  their  offence,  because  they  did  not  dis- 
place their  officer  to  provide  against  his  reite- 
rated crimes.  And  therefore,  as  Mr.  Solicitor 
hath  shewn,  the  liberty  of  the  city  of  London 
was  after  this  seized  into  tlie  king's  hands  for 
misjnnovenimcnt ;  besides  the  punishment  of 
their  ministers  became  difficult,  because  the 
offences  being  committed  in  London,  the  in- 
quiry of  them  must  be  by  men  of  the  same, 
who  favoured  these  officers.  And  thereupon, 
to  si*ttle  this  matter,  an  act  of  ])arliament  was 
made  by  the  same  king,  which  is  in  print. 
The  principal  grounds  of  the  act,  as  the  act 
recites,  28  Bd.  3.  c.  10.  were  that  the  noto- 
rious errors,  defiiults,  and  misprisions  for  de- 
fault of  good  governance  of  the  mayor,  sherifff, 
and  aldermen  of  London,  could  not  be  enquired 
of,  nor  found  by  men  of  the  same  city.  The 
act  settles  the  rule,  that  fur  the  first  default  of 
tlie  mpyor,  sherifl^,  and  aldermen,  they  shall 
forfeit  1,000  marks ;  for  the  second  offence 
2,000  marks ;  and  for  the  third  defiiult,  the 
franchise  and  liberties  of  the  city  shall  be  taken 
into  the  kind's  hands,  and  this  lor  the  defaults 
of  their  ministers  ;  which  is  a  plain  judgment 
in  parliament,  that  the  francluse  of  Londou 
may  be  forfeited ;  and  explains  the  charter 
of  tW  first  £d.  3.  And  to  make  the  remedy 
effectual,  these  defaults  are  omitted  to  l>o 
enquired  afler  by  the  juries  of  foreigu 
counties;  and  so  shut  the  door  against  all 
pretences  for  the  charter,  1  £.  3.  and  former 
charters.  It  is  enacted,  that  the  ordinance  shall 
be  held  firm  and  stable,  notwithstanding  any 
franchises,  privileges,  or  customs.  By  this 
law  tlie  fines  of  their  ministers  tur  their  first 
and  second  offences,  in  breach  of  good  govern- 
ment, are  ascertained,  which  by  the  former 
cliarters  were  at  discretion  :  but  for  the  third 
oflViice  of  their  ministers,  their  franchise  uii^ht 
be  seized  as  before  1  K.  3,  and  tlieir  otner 
charters  might,  for  the  offence  t»f  ini*«goveni- 
ment,  and  iniiu  thence  till  this  statute  ibr  the 
soxH)nd  offence.  But  neither  the  charter  1  £. 
3,  or  this  law,  did  extend  to  any  outrageous 
acts  of  theirincmbers,  as  breach  of  their  duty 
and  giMMl  government,  but  only  to  the  |iersonal 
acts  of  the  mayor,  sheriffs,  and  aldermen,  in 
their  several  trusts  committed  to  their  mana- 
ger}'. Under  tliis  law  the  city  of  London  stood 
till  1  H.  4,  from  which  king'tlH!  city  expected 
greater  favours  than  ordinary,  as  having 
iiicrite<l  them  by  being  the  chief  instruments 
of  his  promotion  to  the  crowu ;  but  the  maraier 
wlierem  they  were  instrumental,  I  foiiicar  to 
mention.  Yet  from  that  king  they  cooki  ob- 
tain bo  more,  as  to  '     "  ^'  ''^'* 


of  Mirtxal  luiscajTisKcs,  aiut  ihr  lihcn;  qf  i( 
i:i)y  (by  ibi-jiv^^cot  ol'ibe  court]  taui  i|i 


il  ptFe|ices  at  ibeic  toioisiert  and  otBuers, 
n  1^  bo  put  into  eiiual  couditioti  with  other 

rnl  borough*.  The  Htatiile,  sJUt  re- 
S8  Edw.  a.  that  oar  loot  the  bug  coo- 
z^thc  good  aod  lawfid  behaviour  of  tb( 
IT,  iherifiH,  ajidaldcrmuii,  and  of  the  com- 
altyof  IiODdn[i  tuH'arda  him,  pnd  therefore 
'i|C  to  t»«a  and  mitigate  the  peaahv  afore- 
bya»aeDt6f  Lurds  uidCouiiDOiuDalhor- 
idand  cslahluibed,  that  the  peualty  albre- 

D,  1^  (fell  of  t)ie  tOOO  and  3000  marks,  and 
ieveuure  of  the  traQcbiso,  shall  nut  be  li- 
_  lltt4  ill  a  certaintv  ;  but  thit  penalty  in  the 
rjuc  shell  be  by  tlic  advice  and  dinucetlon  ol 
(be justices,  as  other  eitlea  and  boroughs  be 
ttluiitl  UiiB  realm  ;  and  that  Ibe  remnant  o) 
the  atatUtt-«  stand  in  their  force  ;  So  that  frocn 
1  fl.  4,  the  city  of  London  ucviir  could  pre- 
iend  to  any  oilier  rxeniption  from  forfeiture  ol 
ttific  fmiiJiiM.-  than  other  cities  and  boroughs 
nay. 

Here  1  craveleayelo  joinwineotlier  records 
lo  OiAw  produced  by  Mr.  Solicitor,  parlicubkrly 
ttllUllg  to  Die  city  of  LondAo. 

jlFai.RoII.  para.  2.  raemb.  9-  The  king 
W>«inU  John  Lord  Jircatoa  cuiilus  of  the  city, 
^Ih  cainntissioD  lo  amerce  .and  punisb  ta« 
tldarmen  and  others  of  the  city,  a^Cordiug  to 
«h«p  ibmierit*. 

U  Ed.  2-  Memb.  3.  dort.  A  writ  iuueH  for 
tfie  orderly  choosing  of  the  mayor  and  sberilfH, 
ybJch  bvftao  then  lo  be  tumultuous,  and,  as  tbo 
reowd  aaJth,  '  ^uod  quidem  populares  ct 
'pleben,  c'lnspiratione  inter  eas  habita,  dissidia 
'  iDOUiiicrtujue  liiciaora  iuditla  citilate  uotlu 
'  diej|Ue  per|>etf^ntcs,  conventjculaque  clandes- 
'  tina  in  locis  privalis  facienlis,  non  voeali  et 
' ifumnioaiti,  hiyusmudi  ElectionibuE  se  im- 
'_mi£cenl  comihuiiicalionibus  el  claiuoribua.' 
The  jf/nt  rccilea  the  dec[ji(0s  to  hare  beep 
'  get  Aldcrmannos  et  alios  cites  discretioris  et 
*  (lOtentiores ;' aiid  command^  [balthey  be  so 
done,  '  pruut  in  cadoni  civilule  aoliquit  lieri 
'coumevii;'  OllierHise,  that  the  king  would 
not  adniit  Ihem,  nhcn  pi-eaentcd  to  him,  or  hia 
en^equer. 

14£d.  3,uurs3.  mcmb.  22.  T be  king  giants 
the  office  nfiuayor,  tcieeJiDto  Iiis  bands  at 
fte  Iter  in  tbe  Tower,  to  Robert  Kendall,  rfu- 
rmtle  bencplacito. 

li  Ed.  3.  pars  1.  merab.  3.  Tliekinv  fiivt 
repletios  to  the  aldermpu,  hhedHk,  and  citixens 
the  office  of  ninyor,  wboprewnt  to  the  king 
HjUDinond  de  Chigwcl  fur  the  olGce,  and  tlie 
img  admiu  bim  ;  and  llten  the  Uug  grants  lo 
WaMdennen,  sheriA,  and  cilixeiis,  the  mayo- 
tVty  to  hold  at  the  king's  pleasure. 

SO  £d.  H.  tnemb.  5.  The  lung  absolutely 
iMarea  to  tbem  the  maynral^,  to  thooBe  aa 
^^retlie  soiziii-eintohis  haoils- 

1£  H.  1.  pars  1.  maB4>-  "8.  dors.  A  com- 
wamoM  ishuttb  to  ibe  duke  of  Gbucaater,  and 
WfffUurdii  and  judge*,  lo  inquire  of  the  de- 
fimtU  O'  tft  uinjor.  uldennrn,  aud  aherifiii, 
upoq  the  Matote  ol  U  Ed.  ». 

%&  11.  3,  memb.  9.  donw.     The  couimU- 

■iqBfn«tt»itiA^Hi  ^<m.  Buvbi,  »u4  Has 


of  Ilia  Ciuacil  at  Windkorl  cuualdald 
wjn  BadinKtouMayorio  thctwmarff 
Veoner,  aud  two  other  ihorifls  tni  St  i 
lUeu,  lo  hold  duriu|[  the  kmg'i  ykafmti  , 
Uicy   all  UK^    their    oalha  bdun-   t^4 
and  hia  privy  councd  :   And  in  i)i*i  mm 

the  prior  of  Chrisl-chureh " 

dernuin. 

le  R.  9.  pan  !.  mcmb.  31.  la  dit  HI 
year  tlic  ^i|ig,at  ihcinlemxuiou  of  lhi< 
gnuita  to  the  uldcruieu,  tberifft,  aad  aB>!Ml 
that  they  miglit  m*  Uieir  fnmcfaiw,  ai  lb«  tf 
bHurf  the  seiEurc  ;  but  with  ihu  (JauKrfij^ 
strictioQ,  '  ttuoukque  alilvr  uiiUjuvrraDi^ 
Upon  which  the eiw  chose  John  Hiod aiM 
and  John  Shadwurth  and  Henry  \amt  » 
rilTH,  who  were  reinoveil  thesanic  jrar^Ot 
king,  anil  Iliiiry  I>alingrugsapp>'iuti^»;% 
to  hold  during  tbokinjj^pleaaorr. 

10  n.  B.  paw  1.  memb.  36.  The  wtrt» 
sigiu  the  cauve,  '  Pro  minus  (liccrtLi  4_ 
'  Biiffieimiti  gubematiime   et  regunuM 

20  R.  2.  The  kiii^  niakcE  full 
tbem  of  ibeir  hbertie«  ;  in   piint,  aaij 
charter  (dcadeJ. 

2%  H.  6memb.  !5dorso.  ElecticMNj 
andahcrilTbrginuing again  tu  be  tun 
a  writ  in  ihc  nature  ofuuu  ui  Edmud  i 
coud'atime  iwued,  cowmaitding  ibr 
bt  '  jier  Atdcrmauuos,  uctnon  Ji 
'  dict«e  civilatts,  adh'.ic  speeialiter  (uoiiuuwv 
according  tu  the  aucieot  custom :  lu<]  liw-' 
Edu  ard  Ihe  Fourth's  time,  the  dioic*  ■"•  •* 
tied  upon  the  li\ery-raen  by  act  of  tooi«»- 
touned. 

So  tlien  there  can  romata  no  ({uisliia,  M 
that  the  mayor,  sherifiV,  ahlermeD.  mil  ill  ■* 
commons  in  council  assembled,  luiy  cuWi 
acts  for  which  their  Ihuichise  may  w  MM 
And  though  there  may  he  u"  real  difis^ 
wliere  all  the  commons  assemble,  aail  iW 
only  a  certain  number  elected  hj  ilie  "^iA 
I  ahull  qot  farthor  iliscusii  thai  |>oi8t  A  m 
time,  because  tltal  question  doth  livl  ariw  10 
this  record.  Epr  the  offcocca  wbtreMilli  llf 
are  ebargcd  arc  both  laid,  iu  the  revliolMiV 
be  coQuuilted  by  llie  mayor,  €iii*cnii,aBjMg 
monalty  of  London,  by  »hic.h  mu»t  ben*** 
the  whole  body. 

Thewlioh:  body  plc#l  It  il ;  bMlisllv^ 
joiuder  they  do  not  ttaveiw  ;  atmfiJniPn 
did  tite  facts :  Soibatas  to  the  acinn.iiM* 
be  ipteniiod  they  are  ihf  same  pi'isuiM.  V"? 
sued  aud  delend  ttjfta  r<.'cord,  ivhirh  arr  >•■' 
members  of  the  oorporalioa 

There  are  two  braaubee  «!'  the  Ant  (44 
laid  in  the  repljcatioii ;  __ 

1.  That  the  mayor,  citiseos,  aod  ttf**| 
ally  in  cumnton  council  asfenihlt^.  iWW 
and  publish  a  law  for  lulling  of  luesi'f'  ^^ 

i.  That  the  mayor,  citiKeas,  aod  ooM* 


I    STATE  TRIALS,  34Cbarlbs  U.  l682.-*aiMf  ike  Ciij/  oflmubn.     [HS^ 


d  levy  upon  tJic  king''s  subjects  divers  i 

niinfl  of  money. 

Jie  r^indcr  tfaiey  take  it  by  protestation, 

0  set  or  Ikctof  the  mayor,  aldermen,  and 
on  council,  is  an  act  or  I'act  of  the  body 
ate,  or  politic ;  which  is  *  Prutestatio 
,  non  fiicu,*  and  is  that  error  I  have  en- 
ired  to  refute,  that  the  acts  of  all  the 
en  of  the  corporation  assembled  in  com- 
Mmcil,  are  not  the  acts  of  the  oorpora- 
But  yet  by  this  protestation  of  matter  of 
ey  would  insinuate  a  Not  Guilty  as  to 
g  o£  the  law,  and  seem  airaid  to  own  it, 

not  bare&cedly  own  it.  But  after  they 
iotitled  themseUes  to  the  markets,  in 
a  manner  as  I  afterwards  consider, 
wy  proceed  to  number  the  people,  which 
Yfwt  not  done  upon  any  l^ial  ground  to 
your  judgments.  Then  say  ttiey,  that 
lit  of  mina  there  hath  been  a  common 

1  not  exceeding  350  persons,  elected  out 
freemen  ;  but  do  not  say  of  what  num- 
loth  consist,  nor  by  whom  elected,  whe- 
f  citizens  or  foreigners,  by  the  mayor, 
len,  or  by  whom  chosen,  so  as  the  court 

3^  of  the   matter  of  law  so  strongly 
,  whether  they  were  the  rei»resenta- 
f  the  whole  body,  or  no.    Tnen  they 
r  William  Hooker  mayor,  and  the  alder- 
r  the  city,  *■  ac  conimunarii,  sive  cives 
sommuni    concilio    ^usdem    civitatis ;' 
may  as  well  be  intended  of  Mr.  Recor- 
id  tne  common  serjeant,  who  are  *  de 
Buni  concilio  dvitatis,'  as  of  any  other ; 
!  persons  are  not  named,  nor  is  it  said 
were  elected,    nor  by  whom,  uor  any 
of  reference  to  the  custom  alledged  ; 
saerally,  that  they  met  in   *  Coniniuni 
•bo  secundum  consuetudinem  civitatis,' 
erring  to  the  former  custom  ailedged, 
ing  met,  they  made  the  by-law  for  the 
I  sums  of  money,  to  be  reci'ived  for  the 
if    the    mayor,    citiasens,    and     com- 
ty.      Which     rates,    and    no     other, 
layor,  citizens,  and  commonalty,  '  exc- 
L    ct    perceperunt,'    ai'cording    to    the 
r.     *  Qui  quidem  actus  sivc  onlinatio  est 
in  lex'  supposed,  by  the  replication,  to  htt 
by  them  the  mayor,  citusens,  and  com- 
ty.    And  traverse  absque  hoc,  that  any 
m  nuide  for  monies  of  |>er8oos  coming  t<i 
•ricets  eliUr  vtl  alio  modo  than  they  had 
set  forth.     I  know  those  learned  gentle- 
rho  signed  this  plea,  and  the  other  to  the 
t  of  the  Petition,  if  they  could   have 
nfficient  matter  of  justification  to  either, 
roukl  not  have  suflcred  them  to  appear 
record    in   such  uncouth  dresses;  and 
ste  deficiency  of  matter  mav  cxcnse  the 
idiPiicy  of  plcadinc^ ;    for  tnere  is  skill 
!d  io  the  contrivance  to  have  drawn  on  a 
irar  \  for  nothing  was  f  treaded  mure  than 
m  examination  ot'  the  facts  uiion  a  pub- 
■1,  which  wouki  have  fallen  very  liitlo 
in  bodi  cases,  as  to  the  aggravation  laid  in 


paa  liii  phading  the  mayor,  dtizens,  and 


commonalty  have  conftiBed,  that  the  by-lav 
was  made  for  them,  and  the  monies  to  be 
levied  for  their  use.  They  hare  also  confess- 
ed, that  by  force  of  tliat  by-law  they  exacted 
and  received  the  monies  ;  and  their  justiiicaf 
tion  will  be  considered  by  and  by.  But  as  to 
the  making  the  law,  they  neither  confess  it 
made  by  themselves,  nor  by  any  deriving  au- 
thority under  them ;  neither  do  thiey  traverse, 
ojf  way  it.  For  the  averment,  that  it 
is  the  same  law,  and  the  traverse,  thai 
any  law  was  made  aliter  vcl  alio  siodio,  is 
no  legal  denial,  that  the  whole  corporation,  con- 
sisting of  mayor,  citizens,  and  commonalty^ 
did  not  make  that  law  upon  which  an  issue 
could  be  taken.  Besides,  if  Mr.  Recorder 
would  have  the  court  intend,  that  the  common 
council,  set  forth  in  the  r^oindcr,  is  a  distinet 
body  of  men  from  the  politic  body  of  the 
whole  city,  tlie  whole  plea  amounts  but  to  the 
general  issue.  What 'the  consequence  thereof 
will  be,  I  will  consider  upon  the  |>oint  of  the 
crimes  set  forth  ;  but  at  present  the  court  cam- 
not  otherwise  intend,  but  that  they  tliat  made 
this  law  and  this  petition  were  the  same  mayoa^ 
citizens,  and  commonalty,  who  ai-e  expressly 
charged  therewith,  and  in  their  pleas  tliey  <to 
not  traverse  or  deny  it.  It  is  just  such  another 
plea,  as  where  an  information  is  brous^ 
against  several  persons  for  killing  and  taking 
away  of  the  Icing's  deer ;  the  defendara 
should  plead,  that  certain  persons,  not  namhy 
them,  nor  Irom  whence  tliey  come,  nor  by 
whom  sent,  pretended  a  custom  to  kill  the 
king's  deer,  and  according  to  that  custom  they 
killed  the  king's  deer  tor  the  defendant's  use,  anil 
the  defendants  carried  away  the  deer.  Who  (i 
pray)  shall  the  court  iu tend  killed  the  deer,  but 
the  (tefeudants,  or  some  by  their  authority  ? 

I  now  come  to  the  main  point  oi  the  case  ^ 

*  Whether  by  any  thing  disclosed  upon  those 
'  pleaihngs,  there  appears  a  sufficient  title  tb 
'  the  king,  for  the  court  to  give  judgment  ef 
'  seizure  of  the  i ranch isr  of  the  city  of  Loa- 
'  don  ?'  The  title  I  insist  U|)ou  iw  the  king^ 
Ls  for  a  forfeiture  by  acts  dune  by  the  mayov. 
citizens,  and  commonalty,  in  breach  of  tbeir 
duty,  and  the  public  trust  rc^iosed  inthcni 
upon  their  first  erection.  It  is  my  pan  to 
maintain,  that  the  causes  assigned  are  suffi- 
cif  lit  in  tliemselvcs,  and  sufficiently  disrlmwii 
to  tlie  court,  for  the  court  to  give  judgmeat 
upon.     1  shall  consider  them, 

first,  As  they  stand  u|ion  the  replication,  as 
crimcrs  laid  to  their  charge,  which  will  amoiiDl 
to  a  forfeiture  of  the  frauchise. 

Secondly,  How  they  staud  upon  the  ve- 
joinder  and  other  pleadings,  whether  Mi^- 
ciently  travcrsc-d  or  denied,  confessed  and 
avoided,  or  in  the  least  extenuated  ? 

First,  The  crimes  laid  in  the  replication ,  wbc 
two  in  (;eneral : 

1.  Onpressi'in  of  the  king's  subjects  by  ois- 
lourof law:  and, 

2.  Stirring  up  seditions  by  libelling    thdr 
prince,  and  his  government. 

These.tvo  omy  aaee  W»4  m  ^te 


1195]  STAT£TRIALS,34CHAltl,cgII.  iG&2.^Procudii>gM belmntUuKh 


butcoUecled  out  or  many  lufficicnt  causes  f>r 
seizure  nl'nny  franebisp,  '(Tie  nMorinus  rinli 
comltiittnl  in  the  fftce  of  juslice,  to  ihe  rftln- 
fbrting  and  abetliue  of  criminaU,  and  terror  of 
thejuiJc^s  ;  and  those  nulonJy  not  supprtSM'l 
or  punished  hy  thf  magistraies,  hut 
bukmI  and  encourageil  hy  them.     ' 


The  t 


ine  JD  effigy  several  of  the  king's  I'roteiUut 
su^ectH,  not  suppressed  or  punishal  by  the 
inogistnitrs  ;  but  by  some  encouraged,  and  liy 
eontrihnnnni^  snp]>6rt«id.  The  enooiiragement 
«f  libels  an<l  libellers  of  the  king  and  govern- 
ment, by  and  wilhin  the  city.  These  and 
many  more  I  could  cnumemle,  ore  common 
«Aenc«s  to  the  tily  of  London,  with  otlier 
cities,  and  iiopulouR  oorporatiooo ;  b[it  lliesc 
MTC  BUcb  as  liavc  been  in  the  coses  produced 
a(|ju<l|;;ed  causes  of  I'^rteitui'G  of  the  franchises 
for  mis^cruioent. 

And  m  these  Lonilon  hath  hnl  imitated  itself 
in  former  times,  and  utiier  citiia  aiul  borough*. 

But  in  the  cases  insislul  upon,  l^iidon  liiitli 
«ut-douc  itself,  and  all  other  cities  and  bo- 
Touglig  too,  by  asfiuminga  [lowcr  to  make  laws 
forlevying  of  money  ui>on  foreigners  for  their 
tma  we  ;  and  to  deliUcrate,  adjudge  and  con- 
demn their  prince's  pu>i1ic  actions,  ami  pnb- 
licly  libeliinir  of  tbem  to  his  subjectK.  herer 
did  Lonilon  before  now,  or  any  other  city  or 
borotigb,  (in  limes  of  peace,  and  not  under  bo 
SL-tuol  rebellion)  coinniit  the  like  breaches  upon 
tlie  gOTemment,  to  assume  a  power  superinr 
to  any  the  king  Imth  in  like  cases,  to  lay  bur- 
dens upon  hU  piTopIc,  and  to  levy  money,  and 
tojorade  the  king's  pren^tive  by  delibeinling 
and  determining  of  hit  public  actions  to  the 
conse(|uenceu  thereof,  oiul  publicly  Ubelliog 
them  t(j  tlio  rest  of  his  fiulgect«.  And  in  fxc' 
cutionof  such  unjust  power,  that  the  mayur, 
citizens,  and  commonalty,  did  make  and  pub- 
lish a  law  fur  levying  iJf  raoney  upon  the  king's 
cubjects,  as  well  foreigners,  as  others,  coming 
(o  the  public  markets  with  protisiDns.  And 
chargetb  several  piirticulars,  and  divers  othur 
minis  imposed  tiuon  all  comers  tn  the  markets, 
whether  they  sell  orno;  and  that  if  any  person 
refused  to  pay,  he  should  be  put  out  uf  the 
tnorkci. 

Again,  That  the  mayor,  citizens,  and  com' 
monaltv,  by  pretext  of  this  lair,  mude  hy 
themselves,  and  for  their  own  private  lucre,  did 
exact  anil  lety  yearly,  of  the  king's  sutgeds, 
■ums  of  money  amounting  to  5,000/.  per  ann. 
and  converted  and  disposed  the  same  to  their 
own  UBC,  in  subversion  of  the  good  govern- 
ucnt  of  the  city  ;  in  oppression  and  depaii- 
peralii^  ihv  king's  subjects  cuiBiDg-  to  the 
markets ;  in  raising  tlie  prices  of  provisions 
in  marki-ia.  to  the  damage  of  the  king's  sub- 
jects ;  to  the  manileat  disherison  of  die  king 
and  his  crown,  contrary  to  the  trust  reposed 
in  them  as  a  body  {loHtic. 

In  the  first  bniuch  of  their  levying  money, 
th^re  is  this  crime  laiil  to  their  cliai^  :  an 
fusion  of  the  liberty  of  a  body  politic  in  it's 
ioffiieitpmM  of  tcost,  I'a,  of  makii^  laws  lor 


ollii-r  the  kiO(f 't>  "viijecu  repairing  n 
Tliis  in  nn  distinct  libctty  framibe 
litic,  but  incident  tn  it,  ia  halh  im 
and  ibereore  eanitot  Inr  ny  abine 
lost,  or  spvcred  frtiin  tlieir  body  ] 
more  than  the  body  politic  can  uih 
tain  Ibe  rnds  of  good  gov  emmcnt,  Mi 
a  power,  wbicli  the  Uw  raiscth  for  a 
charge  of  that  trust.  But  ihr  hw 
DO  (vrporntion  with  a  power  to  Iwy 
Ihtir  private  profit,  l>e  the  coloar  wl 
nw  can  such  p«w«r  be  derived  iVom 
to  any  cotpotalian  ;  neither  can  an) 
be  prmluced,  that  givts  the  least  ot 
lo  audi  an  audiority  :  the  caso  nf  1 
[Jail  is  cxpreas  against  it ;  that  wait 
because  it  vtaa  pro  bono  pailico  an 
firivato  lurra  ;  it  was  hut  a  aitiaU 
the  officer  who  attended  that  bin 
oily  gut  nothing  thereby.  Corpo 
well  aaolhercoraniunitieanot  incor 
by  law  tuitruKted  with  power  to  rai 
tor  uses  public  to  the  community  ; 
power  is  confined  tu  the  precinct*  a 
tnunity;  tiey  cannot  lay  their  chi 
foreigurrs ;  as  for  reparation  of  cbun 
ways,  bridges,  and  snch-like  pubH 
These  crimes,  at  eoniiuon  law, 
nearest  treason  of  any.  Sir  Thms 
StO  R.  2,  for  prefeTring  a  scandakui 
ailjudgcd  to  die  aa  a  traitor  ;  bti  lih 
ttie  mstanee  of  the  bishops  ;  and  all 
N.  0,  npon  his  petition,  the  jiidgmi 
verMNl.  Tn  lay  impoMlious  upon 
subjects  ivas  not  only  an  incnai 
royal  power,  but  of  the  power  of  p 
AndHhalineniaohiDentsof myol  pi 
trea.-<Dn,  what  not,  was  in  tlie  on 
jiLllges,ns  appears  br  the  petition  in |i 
•11  Ed.  a,  >.  16,  and  after  nettled  b 
lute,  M.-i  Ed.  3.  Certainly  tint  ibr 
immediate  tendency  tu  a  rebejiion. 
To  alienate  tlic  subjects  afTeeliuii 
prince,  is  a  great  step  that  way  ;  i 
great  a  body  of  men  (both  for  ricbcs 
latioD)  to  adjudge  and  publish,  that 
by  Ilia  prontiraiiria,  hath  inlennpled 
justice  of  tlie  kingdom,  and  the 
provisions  fot  his  own  salety,  imd 
servalion  of  his  Frotestant  subjerbi, 
to  determine  and  publish  the  kio); 
the  government,  and  by  uecon 
quence  would  alien  the  affectiunt  i 
sbuuld  believe  them.  Add  to  ibiti 
they  assume,  and  justily,  to  levy 
their  own  use,  upon  loreigners  as  v 
zeus,  and  that  to  any  sum ;  nbid 
corder  presiied  a**  Ibe  force  of  hi*  i 
that  lilile  or  more  made  no  dilTetvan 
those  lliey  have  persuaded  lo  dia*  d 
tiuns,  shall  be  assured  of  snub  a  I 
power  lo  assist  thetn  witli  sappGM )  ' 
sequences  may  Iw  ex|)ected,  «*»J  I 
judge.  Especiallv  <f  one  ibing  ntoia 
elI'L-eted,  as  was  contrived  andaatv 
be  csUbUshed  ;  that  Lomloa  dMdtti 


I     S'nkTE  TRIAES»  34  CharlIk^  II.  l6S!l.'-^andikeCUif  of  Lmdm.     [iipt 


n  of  all  maleconteiits,  as  Rome  was 
lore,  who  mi^t  there  vent  theu-  gall 
il  the  gofemment  impuDe,  and  without 
*  conviction. 

lall  consider  the  oiTences  particularly,  as 
land  upon  the  replication,  as  to  the  levy- 
money. 

rhey  are  charged,  ihat  they  in  common 
d  assembled,  respecting  only  their  pri- 
ocre,  and  in  breach  of  the  trust  reposed 
n  tur  good  government,  did  assume  upon 
in  illegal  ami  unjust  power  and  authority 
f  inoue  V  upon  the  king's  subjects  to  their 
■e,  witnout  any  lawful  authority.  And 
y  of  London  have  by  several  charters 
gqiress  power  given  tuem,  but  it  is  con- 
to  their  own  members ;  neither  the  king 
e  law  ever  gave  them  anv  power  over  fo- 
ri^ to  charge  them  for  the  private  profit 
I  city.  Now  to  assume  such  a  power  is 
I  usurpation  by  a  body  |)ohtic  upon  the 

and  tne  law,  and  is  a  manifest  breach  of 
ust  for  good  government,  by  an  open  and 
d  oppression  of  the  king's  subjects  by 

of  law,  which  is  tlie  worst  of  oppres- 
;  and  therefore  the  law  not  only  gives  a 
lame,  but  layeth  heavier  penalties  upon 
isions  committed  by  persons  in  puolic 

It  is  called  extortioni  and  oppression, 
\  committed  by  any  person  in  public 
I  or  trusts.  It  is  not  sufficient,  that  the 
d  persons  n^ay  have  their  actk>ns,  or  that 
nay  be  fined  at  the  king's  snit ;  but  the 
ires  a  forfeiture  of  the  places  of  trust, 
I  may  be  exacted  from  them,  if  the  king 
^  The  persons  injured  may  recover 
iMoajpes :  they  may  be  fined  at  the  king's 
md  their  offices  seized  ;  the  law  adjudg- 
\  these  penalties  but  equal  to  the  crime. 
narketa,  as  they  stand  upon  the  repli- 
t,  must  be  intended  free  markets,  as  the 
I  of  London  are  for  all  the  king^s  sub- 
to  have  recourse  to  with  their  provisions 
pply  of  the  inliabitants,  without  payment 
r  toll.  The  sums  of  money,  for  buying 
sof  the  law  is  made,  as  set  out  in  the  re- 
km,  caimot  be  for  any  toll  of  markets,  nor 
ocage  or  stallage,  which  may  be  annexed 
xkets  ;  but  imposition  upon  the  persons 
adf  coming  ana  brought  thither,  whether 
icll  or  not,  and  whether  they  have  any 
or  not.  And  the  process  is  admirable, 
r  the  person  refuse  to  pay,  he  shall  be 
il  out  of  tlie  market ;  as  if  the  law  were, 
!very  man  that  walks  in  the  streets  should 
kL  and  if  he  refuse,  he  should  be  turned 
fihe  city.  I  must  confess,  the  process 
good  as  the  law.  Thus  this  crime  stands 
the  Kplication.  How  have  the  mayor, 
«!•,  and  commonalty  varied  it  in  their  re- 
Br  \  Not  one  jot ;  for  as  to  tliis  point  of 
pa,  that  they  usurped  such  a  power,  and 
■XMote  it  by  making  a  law  for  levying  of 
9.  hi  oppression  of  the  king's  subjects, 
(iff  no  answer  at  all,  either  by  traversing 
ttyiiig,«on£Buiugand  avoiding.  If  they 
iravenad  tbair  making  of  tha  law,  the 


special  plea  had  amounted  to  tho  general 
issne  ;  but  as  it  is,  there  is  no  answer  at  all 
given  to  it.  And  therefore,  if  the  rodung  of 
such  law,  in  the  manner  set  forth  in  the  repli* 
cation,  be  an  abusion  of  the  franchise,  judgment 
of  seizure  must  be  given  for  that  abuse. 

The  reasons  given  by  Mr.  Recorder,  that 
the  making  of  this  law  will  not  foirfeit  the  fran- 
chise, were  these : 

1.  That  if  the  king  had  made  such  a  by- 
law in  the  charter  of  incorporation,  that  would 
not  have  forfeited  the  corporation ;  no  more 
can  it,  if  it  be  made  by  the  corporation  after- 
wards. 

I  do  not  understand  the  mystic  inference  of 
this  argument,  unless  it  be  to  continne  the  alle* 
gory  of  resembling  corporations  to  kings,  that 
they  can  do  no  wron^,  and  consequently  can 
forfeit  nothing  by  their  acts  though  against 
law.  Where  the  king  annexeth  any  pmver  to 
any  offices  or  corporations,  which  the  law  allowa 
them  not  to  exercise,  the  law  doth  not  adjudge 
the  whole  grant  void,  but  only  those  powers  i 
but  if  officers  or  cor^rations  snail  assume  upon 
tliemselves  to  exercise  powers  which  Uie  kuMp 
could  not  grant,  against  the  end  of  their  instt* 
tution,  by  extortion  and  oppression  of  the  Idng'a 
subjects,  it  is  not  sufficient,  that  the  acts  are  void 
because  illegal :  but  the  offenders  shall  be 
punished  in  such  manner  as  the  law  pro\  ides. 

3.  In  all  the  suits  where  by-laws  have 
been  adjudged  unreasonable  and  void,  it  was 
never  hekl  or  said,  that  such  by-laws  forfeited 
the  corporation ;  and  if  it  should,  every  little 
mistake  in  the  by-law  should  forfeit  the  corpo- 
ration, which  would  render  the  state  of  corpo^ 
rations  very  unsteady  and  uncertain. 

1.  I  answer,  first,  that  in  those  suits  between 
party  and  party,  there  was  no  occasion  for  the 
court  to  declare  how  far  the  by-law  has  in- 
trenched upon  the  prerogative,  by  breach  of  the 
condition  in  law  annexed  to  the  hberty .  But  1 
remember,  in  the  case  of  the  mayor  of  Wi<* 
comb,  Mich.  37  Car.  3.  upon  complaint  in  thia 
court  to  my  lord  chief  Justice  Hales,  of  hit 
refusal  to  sign  the  poor's  rates,  lie  publicly  de- 
clared to  him,  that  if  he  persisted  in  his  obsti* 
nancy,  a  Uuo  Warranto  might  be  brought  le 
seize  the  franchise. 

2.  There  is  a  ])lain  difference  between  by- 
laws f<»r  regulating  the  actknis  of  the  memberSp 
and  others  within  the  corporation,  with  a  pe* 
ualty  to  inforce  obedl^ioe,  and  a  law  directly 
for  levying  of  money:  in  the  latter  case,  the 
levyiug  ot  the  money  is  the  principal  end  <^ the 
law  ;  and  to  levy  it /iroprtra/o  lucroy  and  upon 
foreigners,  can  receive  no  palliation  from  being 
a  mistake  against  all  the  laws  and  au^oritietf 
that  are  extant.  But  in  the  former  cases  they 
liave  a  semblance  for  common  benefit,  and  pos- 
sibly might  be  for  the  benefit  of  all  the  mem- 
ber j,  could  the  restriction  be  made  by  law ;  and 
tlif^  penalty  m  but  collateral,  to  inforce  obedi- 
ciice,  and  will  stand  and  fall  as  the  law  deter- 
mines of  the  principaL  And  the  law  no- where 
detennines  all  the  cases  where  the  liberty  of 
any  meoibtrt  (it  to  tniU^  ibk)|  wI^« 


^^999] 


I]  STATBTRlALS,34CMARLEsn.l682.-ii 

tialraineil,  wlicreby  there  h  room  left  Tor  mls- 
Ukvii  1  bnt  nf^inst  gn  known  aiiri  imbenal  a 
nrindltlp,  tliBt  iir>  cornor&tton  caii  levy  nioney 
Iflt  ttidr  i>rivate  proRt,  un  emni^e  of  mistake 
en  Iw  ad  milted. 

:(.  ThM  which  sbdttT*  nil  other  by-laws 
t^Wni  o|t|ir«)iBimi,  is  iianting  in  this  ;  thalaalo 
th«  rtKswrtfy  of  the  [renalty,  tbey  refer  to  a 
counvoftaw,  wbereby  they  submit  their  by -Ian 
to  drfjfHljfnieiitof  law  fi>r  its  vali<li(y,  Jtist  if 
^tej-  htm  r«fRniitteJ  any  mistake,  it  may  be 
ArTM«d  by  talF.  But  bete  the  remedy  is 
plfti!n'lbK«< ;  if  the  nernon  do  not  iisvi  Ik  sIibII 
be  tuniud  out  of  the  market  n-jOi  bis  goods  : 
iHlU  was  fettled  by  wrong,  shall  be  recorervd 
hvfbrce.  ThuK  Mr.  Itecflriler's  atoning  makes 
tn  lUny  a  mere  TOliiiatary  payment ;  it  is, 
Sohri  aut  obi,  he  batli  his  d^tiim  to  my  or 
be  p^one.  I  hare  not  met  witli  a  more  artufrary 
nriiieipic  aantetfd  or  defended  in  a  a  court  of 
nir,  HBould  the  kinglnyonini|>n£itionof  13rf. 
<m  «t«ry  nne  ihaientercil  ^\'hitehall,  with  order 
to  the  pnrtOT  to  turn  liiin  out  on  refusal  of  pav- 
■ttlnt,  wliat  A  dust  would  this  make,  that  tnc 
^bjoetM  righls  to  hare  aci'eNK  to  tiieir  prince 
w«*  inmJe'l.^  why  it  is  no  more  tLian  Sohr, 
attltt-i.  Thcrjglitaf  all  the  kind's  subjects,  to, 
Iconic  with  Ilienmiisions  til  piililic  markets,  is 
fllr  gvcalrr,  sun  as  creat  as  of  tlie  turd  mayor, 
or  ^  any  of  the  citiieDa  to  cotoe  there  ;  and 
dn  fAilfinff  sueli  terma  tipnn  their  riiB;ht  is  ab- 
Mtotely  iUii^,  ill  tile  worst  seu^  that  word  ia 
rt  My  timo  used.  ,tml  herein  Mr,  Recorder 
rfM  in  Ae  risbt,  thot  niOfe  or  less  are  not  ma- 
lerial,  because  e*ery  sum  imposed  in  such  case 
13  ill^pil,  and  what  is  illcgnl,  cannot  be  rea- 
-sonable  ;  which  absolntety  preclude*  the  arer- 
innit,  that  the  sums  were  rensunable  ;  which 
ohiains only  in  such  cases,  nbereorcouimou 
right  Knic  Eum  inoj'  he  taki 


btrtyinaQuo  Warranto,  ulielber  uiwn  the 
title,  or  for  a  forfi-itiire,  is  upon  the  right  between 
tfcekin^andlhecorporaliiin?  In  caseofmis- 
trtcs  aod  common  errors  committed,  those  are 
ndl  mbejiistilieil  upon  aqueslion  of  ri^hl ;  and 
if  they  be,  are  no  longer  mistakes,  but  wilful 
crimes.  And  ttterefore,  in  all  limes  such  mis- 
takes, both  in  making  of  laws  and  matters  of 
tiict  have  been  passnl  by  and  panhned  by  tLe 
ohsrfer  of  conOnnetioi), '  cttam  si  abusf  fiicrtiit. 
And  TO  the  muNttides  of  Qiio  Wsrranfos  thai 
hare  been  bmught,  ntost  ended  hy  submissioo 
befcre  plouder,  Bot  when-  it  shall  be  insisted 
upmi  in  point  of  n^it.  Ihon^  in  a  smaller 
paiM  iif  oppression,  ui>on  soch  grounds  as  may 
e^aHy  lutitlc  ihnn  to  commit  the  );testvst 
1^1  ii.uilnii>.  '  nngis  et  minii','  do  noi  affecl 
the  cjwriii  point  ofttieriirbtnrfcrfi^iupe  ;  but 
tbciiuesthin  is,  nbclliiY  tbev  have  broken  iheir  '  Inrslalk.titalinDs'andoiluTaeri 


by-laifs  of  cities  and  boroosbi  inn 
hot  to  ^ilds  and  special  frateniitin. 

3.  It  extends  10  |fOod  bv-laws  m  ■ 
for  greater  caution,  that  Uicv  pot  m 
laws  in  Dre  till  allowed  ;  hai  fbe : 
makes  Aem  neither  better  nnr  or 
shelters  Ibrthe  40/.  penalty,  ai  intii 
of  tgiswieh's case,  c.  II.  h.'f.s*.  S 
by-taWBarebmof  ihesanie  force  lb»« 
tbrethat  statute, Stc.  Iftfaeyareg|M>dl 
may  be  exertited  without  allinraiw 
have  before  shewn,  Ibat  the  addition 
penalty  doth  not  dis|>ense  *ith  the  pa 
ori.>Bch  of  tfaecondiliou  eiven  by  ibr 
law.  The  other  crime  of  oppreniai) 
cbari^  with,  is,  tltat  tbey  did  eud 
to  their  own  use,  theseieral  aums.  i 
amounting-  to  b,O0Ot.  per  ann.  in  nm 
the  king's  subjecls,  and  raising  Hr> 
ihe  markets  for  their  own  inivale  lucr 

^coondlvi  In  their  re|omder,  taldr 
tcsiDlion  they  are  not  of  that  *lhw.  il 
citiEcns,  and  c«nnnoiiahy  ackaowi 
exacting  and  roceiTing  tlie  monies  to 

Ki*ale  use,  but  say  not  of  what  1  aloe 
It  be  Ibey  of  what  valltc  they  "ill. 
justificBtiitn.  il  must  he  admitted,  I 
juslifiCulioii  be  insufficieiit,  the  cot 
otherwise  jud^  of  Ihe  critoc  than  i. 
■-  the  rephcalion  i  where  it  sj^wwi 


moay  jt 
ther,  by  colour  of  an  aufliorily  us 
Ihetii,  as  erer  was  practised  hv  mi 
upon  their  l^low  subjecls;  witich  > 
denied  lo  be  an  apparent  breach  of  i 
cnmmjtied  lolhem,  fhr  tbe  belter  sdmi 
of  Ihe  laws  audju»iticeto  ttieking^s  t 

The  parts  of  their  jnstifi cation  are ' 

(1.)  .4  custom,  that  time  out  of  mi 
have  been  public  roarkets  within  At 

(3.)  They  mt&etitle  to  these  pobh 
by  prescription,  but  claim  not  an 
common  rlirhl  belonging  to  tbrne  ma 

%  that  both  unnn  the  custom  tM 
urescriptioo  made,  tbt  court  raonui 
intend  nut  thev  were  free  maikets.  t 
tbey  were.  Tiien  Uley  alledgi-  a  ciu 
time  onl  of  mind,  they  used  »t  their 
provide  piscea  where  llie  markets  a 
and  stalb  and  stations,  aud  other  arc 


market- people ;  and  ihd 
bound  to  rieanse,  the  market- plaf(s. 
defraying  of  their  ctiarges  for  iJ)  theli 
sai'l.  tbev  had  and  used  to  luite  '  i 
•  tiooabiln  Tnhiela,  RaUs,  sie  de 
iummas.'  of  aH  persons  coming  W  tfc 


:  .4nd  il  wwljiidgrd  lorfeitiite  is  a  dmvs- 
■TT  <-Ot»iraiHT>0P. 

S.  "rW  Ibini  Ksson  Mr.  Reconht  inailed 
poh  is  I*)  H.  r,  rap.  T.  Tliai  then.-  KaA  been 
a  ttftti  ft  thai  Ian.  if  enr^cmliana  hy-laws 
'WiiH  I*  v^o*>>  rf*e4/Mre. 

K  fUtoW)  itK  MRttf  tttea*  Bot  In  tbf 


the  selliiig  of  llieii  , 
tifceii  d  BMHiifs  time  out  nfimod,^ 
by-laws,  tbev  ramiM  tell  wh^tt 
"re**,  uor  wbat  In  tail  theni,  i4Ml 
raies  or  9iniu  of  n)Orrf^-.  ToHs  fc^ 
be.  tint  IS  admitted  of  Jl  haiuk,  bcMii 
tMUMM  t^^  U4  to  fee  ptMlflrt 


STATE  TRIALS,  54  Charles  IF.  1^82.— anrf  the  City  ofLm^don.    [120S. 


ricet,  whether  sokl,  or  not.  They  do  uot 
themselires  so  much  as  to  piccage  or 
! ;  for  they  make  no  title  to  the  land 
Che  markets  liare  been,  or  are  held. 
■  all  know,  tliat  before  the  aoC  of  pari ia- 
rorided  at  the  public  char^  fit  places, 
ttled  them  ufN>n  a  public  trust  for 
-people,  what  provision  i^as  made  of 
by  the  city,  viz.  in  the  public  streets, 
iiere  ever  was  a  free  market  for  prori- 
s  would  have  been  made  evident,  had 
^  tendered  a  sufficient  issue.  Bessides, 
M  charged  in  the  replication  can  neither 
ccaee  or  stallage ;  but  laid  upou  goods 
C  wnhitt  tlie  maBcet,  whether  the  vender 
ue  of  anv  stall,  or  breaking  of  the 
»  or  no.  l^either  is  it  averred  in  this 
r  by  any  words  of  reference  can  it  be 
1,  that  the  sums  in  the  replication  are 
le  with  those  they  claim ;  they  claim 
Y  custom  ^  rationabiiia  Tolneta*,  Rata, 
enarior'  Summas.' 

Mr.  Recorder  would  jiwtify  tliis  plea, 
ch  a  general  claim,  with  an  averment 
iy  are  reasonable,  is  a  sufficient  justifica- 
particular  charges,  wliicli  are  against 
m  light ;  and  insisted  upon  the  clami  of 
f  of  London  of  the  water-bailifTs  c^ce, 
«  fees  thereto  belonging ;  and  the  case 
idenhead  in  Palmer's  Reports,,  of  the 
J  with  the  toO  thereto  belonging.  These 
9iu  answer  themselves,  there  was  no 
lar  char{|[e  for  the  toll  or  fees,  but  what 
)ged  particularly  is  answered  ;  beades, 
i  and  tees  are  claimed  of  common  right, 
BgiBg  to  the  market  and  office.  In 
ihead's  case,  the  judges  agreed,  that  toll 
ng  to  conunon  right  might  be  granted 
leral  words;  but  toll  agamst  conunon 
XHild  not,  nor  be  prescribed  for  but  in 
ty.  In  that  case  reported  by  my  lord 
Franchise  ul.  11.  tlie  difference  is  ex- 
taken  ;  anil  the  authorities  cited  of  9  H. 
11  H.  6.  14.  Fit  Avowry  120.  That 
is  against  common  right  ought  to  be 
bed  tor  in  certainty;  and  the  authorities 
ed  by  Mr.  Recorder  in  the  lord  Cobhani'ii 
L  Lea.  318.  Hickman's  case,  2  Roll. 
.  135.  and  Roll  2.  Abridg.  265.  The 
'Dublin  for  Keyage  or  Cranage,  so  the 
f  Hill  and  Hawks,  and  the  hell- man  of 
tdd,  prove  it.  No  man  questions  but 
lod  boroughs,  upon  good  c^insideratiou, 
mcribe  m  sums  of  money  against  com- 
Mit ;  and  may  prescribe  for  an  a[)t  rc- 
mr  recovery  ot  ouch  sums ;  but  all  the 
itiea  prove  it  roust  be  prescribed  for  in 
My,  tibat  the  court  may  judge  of  the  rca- 
eaew  of  it.  And  wboe^  er  claims  against 
OB  right,  must  make  out  his  demand, 
1  cartain^,  and  that  it  is  reasonable  ;  it 
where  according  to  common  right, 
lor  copy-hold  estates,  it  is  incumlient 
It  to  shew  if  unreasonable.  Iksides, 
is  void,  because  they  do  not  intitle 
to  aoy  lemedy  for  toese  iuM;ertaiu 


UT111. 


(4.)  The  next  part  of  the  justification  is,  that 
time  out  of  mind,  within  the  city  there  hath 
been  a  common  couueil;  the  imperfection 
whereof  I  have  already  obsened. 

(5.)  They  set  forth  a  custom  for  this  com- 
mon council  to  make  laws  for  the  better  ^- 
vemment  of  the  markets,  and  appointing  con- 
venient places  and  times  for  the  markets.  *•  £t 
'  ex  As<>essione  et  in  certitndinem  reductione* 
of  reasonable  tolls,  rates,  or  sums  6f  money 
to  be  paid  by  persons  coming  to  the  market, 

*  pro  Stallis,  Stationibus,  et  a&is  Accommoda- 

*  tionibus ;'  so  as  these  laws  be  profitable  Uf 
the  king  and  his  people,  and  not  contrary  to  the 
hu-s  of  the  land.  For  the  first  part  of  the 
special  custom,  for  the  better  government  of 
the  markets,  and  appointing  convenient  placca 
and  times,  it  needed  not;  tor  it  is  incident  of 
common  right  to  every  lord  of  a  market,  and 
the  grantee  of  every  market,  without  special 
clauses,  hath  the  same  jwwer  and  trust.  And 
yet  it  is  ushered  in  with  great  solemnity,  a 
C(«nfirmatiou  by  j\Iagna  Charta,  a  charter  in 
parliament,  1  Ld.  3,  He  7  R.  2.  to  make  good  a 
custom,  which  is  hut  tlie  common  law.  tlur 
less  they  set  up  this  custom  to  divert  them- 
selves, who  have  pleaded  themselves  lords  of 
the  markets,  and  so  to  fix  it  in  others  who  are 
no  lords  of  the  markets ;  and  thence  to  infer» 
that  the  custom  having  intrusted  others  than 
the  mayor,  citizens,  mA.  commonalty,  with 
the  government  of  the  market,  they  tne  lords 
of  the  market  ought  not  to  suffer  for  the  mis* 
government  of  those  other  members.  Th« 
second  part  of  the  custom  is  insensible.  To 
make  laws  and  orders   '  ex  Assessione  et  in 

*  certitudinem  reductione'  of  reasonable  tollsi 
rates,  or  sums  of  money,  to  be  paid  by  all  j>er« 
sons  coming  to  the  markets,  for  stalls,  stations^ 
and  all  other  accommodations.  What  is  meant 
by  *  Assessione'  without  an  An^lice,  I  cannot 
imagine :  it  is  no  law  term  ;  in  its  proper  sig^ 
uitication,  it  signifieth  sitting  together ;  whence 
our  sessions  ipiai'terly,  and  sessions  of  parlia- 
ment have  their  name.  The  general  rates  set 
by  the  parliament  npon  the  several  countica 
ai*e  sometimes  called  assessments,  and  those 
entrusted  with  equally  dividing  the  rates  in  the 
several  parcels  uiion  the  inliabitants,  are  called 
assesfiors.  In  viliich  of  these  senses,  or  what 
sense  the  city's  counsel  apply  this  word,  I  can^ 
not  resolve ;  for  5Ir.  Recorder  did  not  resohnt 
it.  It  seems  by  the  subsequent  words  to  be 
explained  '  in  certitudinem  ponere,'  and  to 
have  some  resemblance  to  the  parochial  as* 
sessincnts,  where  the  duty  before  is  imposed 
by  law,  biit  the  afscertaining  of  every  man]a 

Sroportion  is  done  by  tlie  assessors :  and  this 
_  Ir.  Recorder  inclined  to  in  his  cmleavours  to 
support  the  custom,  generally  for  reasonable 
rates.  And  in  this  sense  too  tae  city  seems  to 
understand  it,  by  waving,  of  the  assessment  iu 
the  rebutter.  In  our  surrejoinder  we  traverse 
the  prescription  of  taking  of  tlie  rates  mentioned 
to  be  by  the  by-law  as^'ssed,  and  reduced  into 
eertainty ;  which  issue  they  waive,  and  insilt 
only  upoalheiT  ^tcicn^^  ^g5sa«iJ^^^'^iftH# 


Iftwl  STATE TRiAtS,  34CHAni,B8lT.  \Ss9.—Prdeft£ngiiTtttnlilhelQiif[\n 


N. 


>  t)m  s 


■I 


if  taken 
wlioliy  jiisiiisiMr  Ri^il  unceitain,  bci-au«i-  the 
lulls,  inin  (ic  Ni>ms  of  money  to  he  ^aiil,  arp 
tint  nlMnrj  in  nay  firmer  law  lliol  uupofted 
llitiii  ,  ll«y  du  mil  sn  muih  as  refer  to  the 

Eremniiimn,  and  Ihe  siimx  claimed  Ihertby; 
lit  ttic  clause  It  mdepcndeDt  aod  absolutG  of 
JtHcIl,  I^rciiber  can  tlie  court  noiv  iulcnd  it  to 
refer  to  Ihpse  sums  claimed,  because  we  would 
have  Ku  intended  it ;  and  tlierefore  took  an  a|>l 
tVBterxp;  but  the  cily  wiuved  jl  in  llieir  re- 
linllcr ;  anil  Ibey  ili)  lie  under  lhi«  dilemma, 
iinil  i.-itlxr  it  nuiiit  be  so  intended,  and  then 
belli;;  Irnx^ised  and  waived  by  iticni)  theixstte 
ninhl  Ui^  luken  n^insl  tbein  ;  or  it  cannot  be  u> 
intendot,  and  tbcn  ibc  cDalom  is  incertain  and 
infensible.  And  it  cannnt  be  intended  by  the 
court  lorlcrying  of  money  by  a  new  imposition 
fhr  the  private  advautugc  of  the  citv ;  that  (as 
I  have  shewn)  would  be  against  law,  and  is 
cnntrary  to  the  presfripli'in  lliey  bare  made, 
^nd  would  filiate  their  plea,  by  claiming  the 
thing  by  iircacriplinu,  and  by  a  new  law- 
~  They  setforttia  hy-kiT,  which  imports  a 
iulpofiilion  throughout,  of  sereral  sums  to 
pud  to  the  mayor,  citizenK,  and  cnmmon- 
;  and  thev  provide  a  new  remedy,  ibat 
refuuer  should  be  remorcd  out  of  the 
taiarkel.  They  aver,  indeed,  tlte  sum!)  are 
Kasonable  ;  but  set  out  do  f^ct  upon'which  the 


Uun^  against  the  common  right.  They  do 
kiot  BO  iimcli  as  arer,  that  the  mayor,  c' 
and  eommonnltv  laid  out  one  penny  -...  .. 
fiieir  revenue,  for  providing  the  markets  and 
Maltq,  or  what  other  slalions  or  acconimodn- 
liaaB  the}'  furnished  tbe  market  people  with, 
Mias.to  give  the  least  support  to  this  exlruordi- 
<   Buy  by  law. 

'  And  this  averment  was  industriously  left  out, 
KSt  isQie  might  be  taken  upon  it ;  and  suffiet- 
<ntly  proveil,  tliat  botli  the  places,  staUs,  and 
JWDTeniencieti,    were  pnii'tded   for  out  uf  Ibi 

fc)lic  monies  gnuitcd  hy  paHinmcnt,  in  lru« 
all  the  king's  subjects  coming  to  thi 
nuirket,  as  we  have  set  out  in  our  surrejnmder 
Yben  it  would  have  evidently  appeared,  tlial 
this  by-law  was  not  only  in  breach  of  the 
'common  law  trust  reposed  in  them  for  good 
]gD*«nmenl;  but  in  breach  of  tlial 
*pOsed  in  tliem  by  act  of  jmrliament. 
Peking's  tiubjects,  and  these  publi 
'fe^ved  and  laid  out  upon  that  trust,  are  inaile 
~the  cnnsiderntiou  to  ground  the  subjects  oppres- 
ffons  upon  by  this  by-law.  Though  Ihey  laid 
out  tiot  one  penny,  as  appears  to  the  coari,  ytt 
Ihey  acknowledge  to  have  received  all  the 
tnoney  to  their  own  use;  and  their jusljficnlion 
^  fiiiling,  it  must  he  intended,  thev  did  it  in  such 
■         '     '  e  replieatioin,  which 


lanyneTson,  which  the  knMctMy^B 
f  feirs  and  markets.  Or  if  thr-  *-  -*■ 
any  person,  if  without  lolls,  ■  ^, 
upon  trust,  for  beueUt  of  the  lung^ril 
buy  end  sell  in  ;  and  the  graoM  9 
with  the  rule  and  good  govemmimt  lU 
thei  benefit  of  Mhera.  Besides,  the  ai 
the  markets  is  no  puui 
tion,  biitof  all  the  king's  mibjcrn,  wbaM 
persons  oppressed,  and  whose  rights  ncll 
ed  by  this  Imposition.  Tbe  opprowai 
the  corporation,  and  by  an  anlb«itj' 
claim  over  tlie  king's  subiecta,  to  kjf  ■ 


For  all 


cbbvetl 
'tosnbly 


highest  oppression  that 

injeetB   upon  subjects, 


'  (oanbly  fommitltrd  by 

'  ttd  is  destructive  of  common  justice  snd'gooi 
'j^atemmenl.  It  is  liknrixp  as  gmit  an  usur- 
'  natioa  upon  die  crown,  to  lay  taxes  upon  the 
•■iiHg'a  fulgacb   vithmit  \w  auiOmrctj,  aod 


..    _  entrusted  thetn  witl),  and 
franchise  to  oppression.    To  fiiriiatfljli 
exacted  and  lened  U  idle,  and  no 
for  they  never  had  right  to  cben 

right  can  be  forfeited.     Id  the  cai —^ 

bead,  where  a  reasonable  toll  was  gmA^ 
liad  a  right  to  toll,  which  may  be  liitHI 
abuser,  in  taking  an  unreasoniUe  I^ 
where  there  is  no  rig' 

is  no  right  to  be  fo  ....     ^^ 

colour  whereof  tlie  extortion  or  onafl 
committed.     If '  an  officer,  bv  cwm 
office,  oppress,  tbe  office   is  ibrfeilel, « 
officer  may  be  fined  ;  the  cases  wen 
Mr.  Solicitor.    The  levying  of  two 
for  the  penally  of  breaking  the  a^sat,  ~- 
tlie    view   of  frankpledge.      L'suiff  of  ■ 
weights  and  measures  forlciteil  the  mwi* 
Evesham.      And  generally,    nhatrrtf 
apparent  brefch  of  good  govenuaeni, '- 
with  every  franchise  is  intrnsleil,  will,  io  J 
of  right  between  the  king  and  the  fr»»n 
amount  to  a  forfeiture ;  because  it  i>  i^ 
of  public  trust  reposed  in  them  by  h'- 
ftiioWarrrmtoI,] 

2.  1  shall  conclude  with  tbe  las' t*^ 
their  crimes  laid  to  their  charge: 

For  inrodii^  the  king's  prerogarini 
publicly  libelling  of  him,  and  his  public' 
to  the  people. 

The  replication  chaigetti  the  serotl ' 

thUBl 

1.  That  the  mayor,  citizetu,  aiul'^ 
ally,  in  common  council  a5L>4tinliWi  ■■ 
ousiy,  advisedlv,  and  sednioutly,  iiJ** 
any  lawful  authority,  took  a|Hia  ''**,''! 
sure  the  king,  andtlie  "  " 

.  mcotwad*  hy  tbe  kinjf. 


> J]     STATE  TRIALS,  34  Charles  II.  l6SQ.—and  the  Ctty  of  London.     [1 208 


Tliat  they  pare  their  suffrasren,  and  or- 
d  a  Petitiou  should  be  prt>scnte<l  to  the  king-, 
he  name  of  the  mayor,  aUiermen,  ami 
noonaltj,  containing  the  scandalous  matter 
Iffed. 

J*h«t  they  maliciously,  advisedly,  and 
ioasly,  and  to  the  mtent  the  said*  iMition 
U  be  dispersed  and  made  public,  to  per- 
ethem,  that  the  king  by  the  proro^nition 
obftructed  the  public  justice  of  the  kin^- 
,  and  to  stir  them  up  to  a  dislike  of  the 
••  person  and  ^vcrnment,  and  to  disturb 
wace  of  the  kiu^om ;  did  order  the  said 
ion  (containing^  the  said  scandaloQs  matter) 

printed. 

They  afteniards  maliciously,  adviseJly, 
leditiously,  and  to  the  intent  tliat  the  Poti- 
■hould  be  disperseil  and  publiKhetl  among- 
kii^'s  subjects,  to   aliene  and  withdraw 

anections  from  the  kinc^  and  his  f^ovem- 
:,  did  print,  and  cause  to  be  printed  and 
shed  the  said  Petit  i(m,  in  contempt  and 
ial  of  the  king  and  his  iJ[t)verimient,  and 
le  promoting  and  exciting  of  sedition  and 
ifaance  of  the  i»eace  within  tliis  kingflom. 
le  crimes  at  common  law,  were  contra 
m,  and  punishable  by  fine  and  iniprison- 
:  io  particular  subjeiOs  ;  where  committed 
erBons  in  public  office,  or  intnisted  \%itli 
maient  and  preservation  of  the  j)eace,they 
f  a  deeper  dye.  I  u  the  title  of  ttie  statute, 
ar.  2  cap.  1,  for  jiresen  ation  of  the  king's 
Ml  and  government,  they  are  caMcd  scdi- 

practices  and  attempts  ;  for  pi-urention 
«of  that  law  provides,  *  That  if  anv  person 
penjons  shall   maliciously  and  ailviseilly, 

HTiting*  or  printing)  express,  publish,  or 
tare  any  wonls,  sentence,  or  thing,  to  in- 
or  stir  up  the  people  U»  hatred  or  dislike 
lie  person  of  his  majesty,  or  the  estaldish- 
pmremment ;  such  person  is  mafic  in(rai>a- 
of  fliny  office  or  place  (»f  trust ,  and  to  be 
lier  punished,  acconling  to  the  common 
and  statutes  in  such  cases.' 
is  law  takes  notice,  they  were  crimes  at 
Bon  law,  and  punishable  as  seditious  |irac- 
Sir  James  bagg\  case  allows  conspira- 
umI  ignominious  crimes  tii  be  causes  of 
LDchisement ;  much  more  a  eonspiracy  of 


To  the  fourth,  for  printing  and  publishing  of 
it,  to  the  intent  that  it  should  be  diNpcrseil 
amongst  the  king's  subjects,  to  aliene  and  with- 
draw their  affectious  from  the  kinsf,  laid  to  b^ 
13  Jan.  \\^  Car.  2.  they  say  it  was  print<Ml  by 
Samuel  Uoycnif\,  by  the  mayor's  api>ointment ; 

*  iluopquidcm  Petitio  et  liiipressi(»  sunt  cadem 

*  Petitio,  Impressio,  et  Publicatio,'  in  the  re- 
plication mentioned;    And  traverse,  *  Alwque 

*  hoc  quod  aliqna  Petitio  cwneern'  i'n)rog:itionem 

*  pncd'  tact',  onlinat',  publicat',  sic  impress,  fuit 
*"  aliter,  vcl  alio  modo  qnani ;'  hut  do  not  add 

*  vel  alio  tempore.'  In  which  respect  this  pb-a 
is  stronger  than  the  former,  to  involve  the  city 
in  the  guilt. 

I'hcu  ihcy  own,  the  Petition  was  votetl  and 
ordeitnl  to  be  preiierred  and  j>nnte<l  netn,  con.,  to 
be  sure  to  lea«e  nntotie  citizen  oiit  of  the  guilt  ; 
biitthev  do  a\cr,  the  printing  was  to  imde- 
eeive  their  fellow  citizens,  whereas  the  charuna 
is,  that  it  was  to  dei^'ive  them.  The  wlimu 
plea  amounts  but  to  the  general  issue,  admitting* 
the  Petition  itself  were  jtistitiublc,  and  the  mak- 
ing of  the  Pi-tition  lawful.  Many  things  in 
themsehesare  lawful,  yet  if  done  with  an  evil 
intent,  and  for  an  evil  purpose,  bet^ime  unlaw- 
ful and  criminal,  and  U]>on  Not  Guilty,  proof 
must  be  made  of  the  e\  il  intent ;  h  here  t!ie 
thing'  itself  is  lawful,  there  iipcrls  no  other 

Eroof.  To  lie  undi.Tan  hedge  on  Shuter's-hill  U 
iwful ;  but  to  lie  there  in  wait  to  kill  or  roh  a 
man,  is  unlawful,  and  inijiorts  K<-andal.  Tv 
lay  WiKii  near  the  sea-side  is  laMful ;  but  lay- 
ing it  there  with  an  intent  to  ex])ort  it,  is  cri- 
mmal,  and  tbrfeits  the  wool.  Ami  it  is  not 
good  in  pleading  to  answer  such  intent  with 
contrary  averments;  but  where  the  int«'nt  is 
substance,  it  must  Im.*  traversed  or  dcniinl  spe- 
cially, otherwise  the  plea  amounts  Ut  but  the 
general  issue.  This  manner  of  defenct*,  or 
shadow  of  justification,  pnivi  s  one;  es|ie<Mal  in* 
gredient  of  the  charge  ;  that  it  was  done  ad- 
vinate.  The  city  sav,  il  was  done  ufKin  weighty 
cousidcn'ations,*aii(f  many  (Krcurrcnci-n  de:ibe- 
ratetl  u|ion,  and  relate  to  them,  :i!I  u{K>n  reconl, 
that  the  court  may  jinlge,  wlif.-ther  they  had 
not  gfKMl  reason  for  what  they  did.  And  if  they 
could  judg€',  that  their  wIhiIc  liistr»ry  taken  to- 


gether are  no  sufficient  eonsid«'mtions  iftr  any 
e  members,  to  liU.-l  tlif  trovcrninent,  'and  |  subft'Ctsto  agree  (»r  order  any  |ietition  to  lie  pre* 
ate  the  affections  of  the  pitiide  from  their  terred  and  printed,  to  stir  up  the  subjeris  to  {i 
le.  :  dislike  of  the  king's  |iers4iii  ami   go«ernment, 

pw,  what  answer  do  they  give  to  these  -  ^  hich  is  charged  upon  th«'m,  ii«)t  aiiswertil  ; 
^  in  either  rejoinder  ?    '  •  the  court  riiustsuljudge  the  fact  to  Im-  done  ma- 

>  the  first  and  last  the\- tnve  none  at  all  :  •  liciousiv,  and  seditiously.  Hut  the  v^onls  of 
shew  no  authority  for  them  in  common  ;  the  ]N'tition  are  in  theruM-lvt's  vandubnis  tn  th«s 
oil  to  debate,  deliberate  nprin,  and  to  deter-  j  king  and  govirnnient.  I'etitiouing  is  lawful, 
of  prorogations  of  parliaments  by  the  an<l  the  city  f>l'  l^indou  have  often  petitionetj 
rtfie  coiisequene(.*s  thrr«.'of,  whicrh   are  \  the  king  with  ;;<jo«1  acceptatuMi,  andol»M*ned  n 

giHNl  (lecoruin  Ik  eoMiiii^' subjects,  li<itli  iu  flm 
m:itt<  r  and  manri»-r  ol  tiiur  |Miiiiiiiis :  lli*-y 
iiMfi  iKit  to  ad  I  im;  or  nu^ldle  in  iiiattem  of  state, 
but  uiieu  Hi'iii  tiir  to  ad«ise,  they  c«iiifiii(d 
tlieiiisel%«-s  to  the  affairs  of  the  eitv.     TIkv 

m  9 

ne^er  b»:fori',  as  1  liHvt:  met  with,  <  li;irjMJ  ilio 
king's  aiTts  of  state  as  inter ruptici**  nt  lue 
pruktculion  of  public  justice.     [Lukiitr  Aji 


or 

!rantua  ite^rni,'  and  not  to  lie  treated  of 
wthe  king's  writ:  They  are  not  of  thr 
'sand  kingdom's  eonimou  couneil,  but  in- 
edtn  advise  in  aflairs  of  the  city,  and  '  ne 
Dr  ultra  crepidum.'  Thw  are  chargefl  to 
tdone  this  advinedly,  sefJitiously,  and  with- 
ay  authority  ;  aua  it  is  cliarju'ed  precedent 
lefetitioiL 


1 207]  STATE  TRIALS,  34  Charles  11.  l682.—  Precctdingt  bttteen  Iht.  Kkg  \i\ 
Cmcbly,  4  Car.  Cro.  140-  Lock 


dLock  1 

.so.l 

The  words  ol' 
'  tionen  were  extrcnicly  surprised  at  llic  UU; 
*pnuagiilion,  whireLy  the  pnicticutioD  of  Uic 
'  jR^lKcJimtice  of  tbe  LingdoiD.  lud  the  making 
'the  proviEioDB necessary  tur  the  jireservaliun 


twnipt,(ir  deny  JDsticc,!<pakeo  nf  any  pcraon 
intn^ted  nilU  the  adminntralipn  nf  Juatice,  and 
■poken  of  bini  in  ixunt  of  bis  tniirl,  alivoyif 
im|Mrts  scandal ;  in  llie  oase  of  tht  coiumun 
■i)B)(iitrales,  they  ilo  necessarily  import  brt:u'b 
of  ihtty  i  neilber  incnnuDon  pBrliint'i:  iiiii'uig^l 
tbc  TuTgar,  nor  «i;  hUlory  «r  iiulliur.  Iliut  1 
l»Te  met  ivitli,  were  they  enr  ub«1  in  any 
sense  of  credit  or  rcputulion  to  the  person  uf 
wboin  they  were  B{M>ken  or  published.  Iiiter- 
ruplktn  ot  jiutiirt  is  a  irntiter  impul.itiou  timn 
lieay  barely,  bemiuip  ibc  oiio  may  be  a  mere 
omixaiou,  but  inttrrii]ili<in  iinjiorts  waie  ant, 
vlimfay  justice  Is  stoitped ;  but  both  arc  teiii- 
poni^  oecniils  of  justice,  as  denial  is  an  ab- 
•oldte  Stop  'if  jiutire.  *  Nitlli  ne^abitiius  aut 
'  <fifreTeiiiuii  Jiittitiani,'  are  nut  on^  words,  but 
tlie  duly  or  eiery  kins;.  To  say  ur  publish  of 
or  to  k  King,  in  the  point  of  the  exercise  of  his 
kingly  office,  and  a  point  of  as  hiKh  tiu^t  at 
any  is,  that  of  the  pronation  of  pailianienls, 
tlwlfaehath  intenrupledlbenrusecutinDof  ibe 
public  justice  of  the  kiugdou),  imports  tlie 
greatest  scundal  imaginabk ;  Fur  it  was  more 
of  the  king's  duty  than  of  either  Houses  of 
Parliaineut,  to  proniolc  the  prosecution  of  pub- 
lic justice,  ntgiecially  in  tlie  cases  tset  forth, 
which  HI  nearly  concerned  bin  person ;  and 
Ih^efore  the  charging  of  the  king  with  the 
interruption  of  tbatjustice,  is  of  ifreuter  inipii- 
tatioD  til  the  king ;  and  the  more  iuslauces  they 
girc,  it  i.s  an  aggravation  of  their  crime,  h\ 
L-harging  the  king  with  interrupling  the  public 
justice  in  all  these  instances.  And  there  is  as 
much  renoiu  concealed  in  as  few  words,  as  ever 
I  met  with.  Tacitus  did  never  outdo  the  penner 
of  ibat  I'elitioD,  whertby  all  tlic  principal  al- 


tribi 


taw  makes  uecessarv  for  prmi 
impeached  at  once,  botti  tlie  jui!i,''iui 


mercy  and  nidom  of  the  kins'.  ''"'"'  interrup- 
tion of  the  public  justice  reflects  upon  bis  jiui- 
tice  in  an  bi^h  manner.  The  inteiTonlion  of 
themeansul  liisown  jircsercatiun,  besides  bis 
justice,  r«di!Cls  upon  his  wisdom ;  that  the  king 
■houlil  not  lake  care  thereof,  or  did  not  foresee 
the  danger  ho  put  himself  into,  by  the  proi'o- 
gatiun.  The  interruption  of  the  means  tor  llie 
preservation  of  bis  Protestant  siibjcrU,  im- 
peacheth  his  mercy  too,  aud  cbargetli  ihckuig 
with  cruelty  to  his  subjects,  in  takinc;  no  bet- 
ter care  for  tlielr  preservation,  wbiti  under 
such  imminent  dangi'rs  ;  with  a  sciTet  insi- 
nuation, that  as  be  hud  stopped  justice  against 
his  popish  siibjecis,  so  he  was  regaidb^s  of  thu 
preservation  of  bis  Protestant  subjects.     What 

fiealer  malice  coulil  be  incluscd  in  a  nut -shell  ? 
r  words neredubi'ius, and  of  adoublesigniti- 
cstion,  and  might  be  token  in  a  good  Bease  ai 


wdl  aaUd.lhey  ought  not  InbcpnUiUti 
Hiilijertiiuf  th<-iri)rin<v  ;  and«haicliH|dB 
bpxpokriior  publixhrd  in  the  w«M  in^ 
willidniw  lliv  sulyects  alToclJan  &■■ 
priiic«|llH'  cniirl cannot iolnidtheinsp'— 
nnv  atiicr  utiBe ;  that  mi 
evidence,  which  cannot  h 
tliuy  htfe  niri  plcsdnl  lli«  gmend  a 
Invriwit  tlul  iMiuu.  But  here  th*  »f 
Imir  no  otliia*  icnM.-,  Init  a  diivc)  «>«id 
king  aud  his  Kovrrumcuf ,  tn  the  pout  dl 
rogation  of  parliamcnU.  Tlial  tlit  cayj 
derttood  tlicin,  is  evident  by  the  I*«l4L 
that  very  cUus«,  wbeivtliry  say,  iWtfl 
'■nrcinely  gornrlncd  at  th*  lati;  vti/r^ 
Why  shnutd  tliey  he  (arpriM^?  ifti 
hud  done  nolliing  tberrbj ,  but  wh*;  i 
and  |{ood  for  hia 
of  his  goodness, 

Ibat.  It  must  tliea  be  some  »erj  ill 
the  piurogatiun,  that  so  extrvnirly 
them,  and  filled  them  trilh  sut'b  ' 
thraiighout  the  Feliiioo  ibey  Uf 
they  discover  their  minds  plamly,  ihHI 
fccu  of  lbs  proroga^n  were  the  tU 
their  surpris^,  viz.  Tlie  interrufiMt 
prosecution  of  the  public  juitlieeof  ' 
dom,  and  of  making  tlie  necf^iiy  , 
for  thepreitervalion  of  the  kiug  andh* 
tanl  ^utgects ;  and  in  the  next  par«^;n|f 
e.ifDkun  Ihemselfes  further,  and  isil 
delay,  which  bcfiin:  they  called  an  iW 
that  they  were  even  impatient  of 
delay,  or  the  lon^-boped  for  seMtrity,! 
they  see  the  kin^  s  lile  invad*d,  and  ibe 
religion  undermmed,  and  tlieir  fam^  ■ 
iunocent  posterity  likely  to  be  suhjeddl 
blood,  confuiiiun,  and  vuiii.  The  panic  i 
and  dismal  consequtoces,  are  chargvl  ^ 
the  iiTOrogatiuQ.  And  to  what  olhn  J» 
duthey  publithtbishevere  stnltnc*  u|«" 

Erorogation,  with  their  dismal  Yean,  bul  tu  I 
'igblen  the  king's  subjects,  and  bi^  iht  a 
fears  in  them.  The  natural  (Mn^fM 
whereof  is,  to  withilraw  their  ad'eclioia; 
'  derunt  <|Ueni  meluerunt  I'opuli.' 

Mr.  Recorder,  tliough  hecouU  notp< 
one  authority,  tliat  to  inteiTupi  public  ji 
was  ever  used  in  a  |food  or  juslittslilt  ■ 
yet  eiideaiours  to  evade  the  scandil  i' 
Voi-ds  by  proiier  answers. 

That  these  nords  are  not  spoken  of  llni 
but  of  the  prorogation,  as  cotuc^iwuNSi 
Is  not  ihid  quibbling?  The  praineBliot • 
the  king's  act  of  prorr^piiiig  the  uijfhM 
jiariiament.  Aud  m  charge  the  acts  «f  a) 
or  otljer  subordinate  magistrate  in  ateM 
his  otiicc,  with  iiyuntcc,  follv,  or  immI 
the  same  thing  as  to  cbaige  Uie  pcnond 

No,  sailb  Mr.  Recorder,  unUsi  lb*  ■■ 
bad  been  charged  to  have  bUti  dow.'  <n>'| 
intention  ;  but  they  do  not  i-haifEcth'r 
Aud  that  it  is  so  explained  in  anulbttp 
ilie  Petition,  bj  sayiu;,  '  llu 
'  ports  them  ugainsi  despair,  ti  ibr 
'  deri\e  Irom  ^our  tuajes^' 


I]    STATE  TRIALS,  34  Charlies  II.  l68«.— flnrf  the  Gty  o/Lendon.    [l tlO 

is  tnie.     But  in  this  case,  if  the  city  had  been 
of  an  opinion,  that  the  i>arlianient,  upon  the 
king's  signification  of  his  pleasure  they  should 
])roreeii  to  the  trial  of  the  lords,  did  not  make 
^ucli  haste  to  try  tlieni,  as  tlie  city  jiid^^  was 
necessary  for  trie  pre^iervation  of  their  lives 
and  fortunes  ;  tliereu}Nm  the  city  should  have 
petitioned  the  parliament  to  procee<l  to  the  im- 
mediate trial  of  the  lords  in  the  Tower,  and 
tlierebv  charge  them,  that  they  had  delayed 
them  the  puhlic  justice  of  the  kmij^lom,  by  not 
proceeding"  sooner  to  the  trial  of  them,  accord- 
mi^  to  the  king's  desire  ;    Mr.  Reconler  would 
not    have  averred   the    matter   of   delay   of 
justice  to  be  true,  and  therefore  no  scandal  to 
tlie  parliament ;  but  he  would  then  have  found 
out  the  difference  between  stay ing  of  suits  and 
proceedings  in  courts  by  the  proper  judges, 
and  the  tlulays  and  interruptions  of  common 
justice;  the  latter  are  unlawful  and  criminal, 
and  against  the  duty  of  the  judjjfes,  but  the 
fonner  upon  just  grounds  arc  lawful,  and  many 
times  in  prosecution  of  common  justice ;  and 
many  times  to  proceed  in  such  cases,  would  be 
great  itijustice  either  to  the  criminal  or  the  pub- 
lic, whore  the  witsiesses  on  eitliL'r  side  are  not 
ready,  or  for  some  other  good  cause  the  judges 
put  otl'  causes  till  another  tiiue,  or  adjourn  a 
court  before  all  the  causes  be  tried.     No  lawyer 
C4in  truly  say,  that  h}  putting  off  the  cause, 
the  pi^secutiirn    of  justice  hath   been  inter- 
rupted ;  or  will  it  be  any  just  jusiitication  for 
him  fur  such  scandal,  that  there  were  causes  de« 
mnding  b<^fore  the  adjoununeut.     The  acts  of 
inferior  magistrates  are  not  to  be  examined, 
censured,  and  adjudged,  much  less  scanda- 
lized by  those,  tliat  a.e  under  their  magis- 
tracy ;  That  would  let  in  confusion,  and  tend 
to  tfie  <»verthrow  of  all  government.     To  say 
of  a  j::sticc  of  t'ie  pea^e,    *  You  have  per- 

*  verted  justice,*  is  actionable ;  St^ignim*  lie  la 
Ware  and  Pawlet,  Trin.  ;>7  El.  More,  409. 

Mich   1  Cur.    1,  Cro.  14.    Sir  John  Isham 
Ter?us  Yorko;    *1  ha\e  been  with  sir  John 

*  Isham  ibr  justice,  hut  could  nevcryet  get  any 

*  at  his  hands  hut  injustice.' 
Trln.  7  I'ar.  Cro.  2^23.    W.  Marsbam  rersi/t 

Driggs ;  *  sn-  William  Marsbam  is  but  an  balf- 
'  earcsl  justicte,  he  will  hear  but  one  side.* 

Mii:h.  B  Eliz.  Uot.  1.  Walsh  was  indicted 
for  vandalizing  one  sir  Robert  Catline, chief 
i notice,  and  this  court,  by  saying,  *  My  lord 
'  chief  justice  is  incenscil  affaiikst  me:  I  cannot 

*  have  justice,  nor  can  I  be  heard ;  for  it  is 

*  made  a  «xiurt  of  conscience.'  He  was  aficr- 
wards  discharged  upiMi  the  general  pardon,  8 
Kliz. 

They  may  bcjudg4>d  by  superiors,  but  not 
by  interiors.  W  here  the  common  law  alloweth 
or  authori/eth  the  Maying  <«f  prucc«3din;rs  by 
adjonrnment,  or  <i;hi.'rtv.-v;  tu  .  ly  lb'*  ai't  is 
done  to  dcla^'  or  inti-irnpt  ihr  p  M.v yihlit  e  of 
the  kiiisj^lom,  or  tli:a  ihi-rv4»y  um*  puMir  ius- 
titc  oi  thi*  Kingdoiii  br.td  r. fi  i*.< •!  I'j'*  rruptmiL 
is  not  only  lii:;ld\  vandrj'i.iv  y*ijj  ^h"*»nu4t'  m^ 
tnie:  for  it  Ls  mxAjnlutu  ir#  t)*»  r»il«*  '-rf  ortr- 
uion  law,  and  the  ^iiU:«.  jk Aa^*ii  ^wV»%**«^ 


r  intention  wa^,  by  this  prorogation,  to 
le  way  tor  vour  better  concurrence  with 
counsel  of  your  parliament.'  £yil  intcji- 
may  make  an  act,  otherwise  good,  to  be 
ad  against  law,  by  intendment  of  law,  tlie 
Lion  IS  e\il,  and  the  person  answerable  for 
e  consequences  thereof.  If  a  man  throw 
It  stone  o«er  the  uall,  and  a  |)erson  is 
,  the  law  adjudgeth  it  murder:  He  can- 
jstify  it  by  averring  he  had  another  in- 
•D.  So  iu  tlie  matter  of  scandal,  if  an  un- 
.1  act  or  crime,  which  purports  scandal,  be 
^  u^ion  a  person,  it  is  no  jiistitication,  or 
ie,  to  aver  lie  did  not  charge  the  person, 
is  acts,  iVith  doing  it  with  an  evil  mtent ; 
9  the  law  supphes  malice  in  the  criminal, 
etlie  act  is  unlawful,  so  it  intends  malice 
!  libeller,  in  a  matter  which  in  itself  im  - 
scandal.  Several  cases  may  be  put  to 
piir|»ose.  [Roll.  Ab.  71.]  To  charge  the 
irith  poisoning  her  husl»aiMl,  is  actionable, 
^  not  alledgiKl  done  voluntarily,  or  with 
tent  to  kill ;  the  law  intends  it.     In  this 

they  charge  that  the  king  by  his  proro- 
D  interrupted  the  public  justice  of  tlie 
lorn,  and  with  the  dismal  consequences, 
1  in  their  jud*nneot  would  f<dlow  therc- 
.  and  publish  tins  to  afTiighten  the  whole 
lom ;  and  that  tli<^}  wen'  near  despairing 
eir  saiety,  but  hoped  his  majesty  did  like- 

intend  by  the  prorogation  to  make  way 
is  better  concurrent:  with  the  counsel  of 
nriiaimmt.  A  pretty  c^mipliment  for  so 
loiis  a  chars:e !  And  ii'  it  import  any  thing, 
fc  furthiT  retleetion  upon  the  king*  lliat  lie 
Mtbolore  concurred  uiih  the  counsel  of 
■rlianM*ut.  But  to  fix  the  maiter  iionie, 
Recorder,  in  the  last  place,  justifirn;  this 
from  the  truth  of  the  fu<'t,  that  the  public 
"«  of  the  khij^dom,  ami  tinijing  out  uieMins 
reservation  of  the  king  anil  his  subjects, 
received  an  interruo'.ion  hy  the  pronrga- 
This  toucheth  to  tlie  quick,  and  is  i^ion; 

the  city  have  averred  in  all  tliMr  jdead- 
;  tbey  Cave  iiakeilly  represt^nted  their  se- 

faits,  precedent  tothe  Petition  ;  and  leave 
he  court  to  judge  whether  there  be  suHicient 
istii'y  iheiu,  to  make  and  publish  sucli  a 
icn.  But  to  aver  it  to  l»e  true,  is  to  equal 
nme  of  the  Petition,  i:i  churging  the  pni- 
tion  \iith  the  i'lterniptiju  of  the  public 
se.  Uut  f  hope,  upon  better  consideration, 
ill  change  his  <ipiiiion,  and  likt  uisc  upon 
inlerence  he  made,  tliat  if  true,  it  is  no 
dal  to  ;.riut  and  publish  it  U)  the  king's  sub- 
S  tor  in  both  poin'.s  he  is  apparently  niis- 
a.     It  is  admittcti  thek*<>  was  a  plot,  and 

proceedings  as  arc  set  forth  a;^ainst  delin- 
[is ;  and  that  the  »ing  i>y  his  proclamation 
Ui  his  spt^ech  ixpresseil  his  sensi*  of  the 

and  presHt^'il  I  jo  j.arlinnicnt  to  prtM*«iMl  to 

«f  the  l'»rds  in  tli:.'  T«»w.:r  coniniiti-.<l  for 
Not,  and  that  then*  are  many  such  bil.s  de- 
Kog  in  pariiaineat.  Vnd  il  shall  he  nd- 
^d;  that  u|M>n  tiie  |n'oni<^itioii  ail  ilifsi?  pru- 
^>ikgs  wtfre  staved,  and,  if  i\lr.  Keeoitler 
^  reoeiFed  an  iuttf rruptiou  ^  and  lo  say  so 


Am%y  be  the promnting  oC  cranmoti justice  |  ]>iililicK 

^'4nllbrthp  benL'iitut'tbe  public,  and  ou^hl  ro  I  of  Uieirpnnces,  will  afficir  h^'  ituam 


jwwi  iatendeil,  when   done  accordinar 

~  t  the  rearaaa  of  sach  acts,  much  \ess  tlie 
X  intcDtiond  nflhejudpes,  or  of  the  penuns 
m  the  law  halh  ei.trii8l»d  » ith  such  |iowers, 
iiiiiDed,  centun^,  orcoDilfiiiiied 

^BDjsulyects,ljrnnj  coqwratiuD  wlmtsocrer. 

*^ — y  may  be  rpjecin]  bj  cither  House  nf 


lotlenltil  nf  justice,  nor  lobe 

■ted  under  any  rucIi  notion  ;  they  may  dc- 
r  tlte  consideration  lUereof,  or  enter  upon 
'mess;   ihatiBDodelay  orititemi|iIioD 

ID  justice. 

^TbekiafTinavdo  the  like;  be  may  rejcvt 
nc  hllla  puised  by  bntit  Houses,  or  lie  miy  ad- 
he  upon  them  by  these  aclB,  which  the  law 
Bw»  to  be   no  inleiTupiion  of  public  Justice  : 
I  kinif  may   ailjourn  or  prorogue  the  court 
■rltament.      Anciently  tlio»e  words 
1  and  taken   pminincuously,  though 
D  Ihe  dlirennit  effects  they  are  dilTereiitly 
I.    And  Mr.  KccurderowQB,  tUatthekiui;  ts 
liy  Ijiv  intr  loted  with   Ihis  power,   and   it  ' 
lia|ipi    li.r  llie  MlbJecU   lie   'a  BO  intni!>tixl, 
hr-iii-  |.H  ilitir  UneGt  ;  whieh  is  a  dot  oolitt 
dicii'io  tn  l)is  jHi^tion,  that  it  is  true,  that  fbe 
public  Justice  of  the  kmgdomvi  inWmtple'^ 
halh  tvaeJTetl  an  interroptioD,  by  the  pi 
:  Iwiiiise  what  ii  just  nnd  lawful 


lUdlll 


ul.  w 


1  every  iDlerniption  nl'piibli 
Justice  is;  aiid  Jf  the  act  be  not  unlawFiil,  it  i 
no  detay  or  interruptLon  of  justice.  And  if  the 
Buhjects  cannot  examine  into  or  censure  these 
lawful  actionn  of  their  princes,  but  must  inleni 
them  to  be  upon  just  "rounds,  and  for  their  be- 
nefit, and  in  order  to  uii'ir  cooiuion  nfety  ;  K 


^      ,  „  I'lofthemeana  Ibrhii. 

and  bis  peuide'spreserralion;  and  to  publish  this  — ^  , ..._.,  t^ym' 

toallhis  subjects,  isinjudpnentoflaw,  afalfie,  against  Ihe  natural  person  could  nol*"    , 

■candaluuB,  and  malidous  Ubel;  andifnot  suf-  wantof  proof,  it beTngtrausaelediBthtira* 

firaenlty  punisheil,  where  will  it  end  ?  To  pub-  eil.     In  this  process  agninal  thcWe^g 

lishalVl  is   in  DO  case  lawful,  be  Ihe  matter  have  confesseil  it  with  lliG  aegri"^^.j 

never  so  tnie,  nay,  though  the  party  who  ia  If  Ihe  kin^  pass  not  a  bill  Bhicli  ^'^ 

libelled  be  dead  ;  and  llie  £'gi^es  of  the  crime,  London  bate  a  mind  to,  this  njfOli'""'"? 

,  where   against  a  priiate   person,   and  where  bill  shall  in  print  be  publiBhallo  all  Jw* 

■gainst  a  public  person,  appear  in  the  case  tiled  jects  to  be  a  denial  of  justice.     If  ili'  f^^ 

by  Mr.  Sdlicilur  in  the  Reports,  fol.  195.     And  prieve  a  malefactor,  it  shall  be  s  id»l " 

that  it  is  i^nsl  alt  laws  both  of  God  and  man,  temipiion  ofpuhlic  justice.  To  paidw'"*^ 

and  the  mischiefii  there  represented.  In  the  rase  taclor  shall  be  adenial  of  public 

of  all  common  pleas,  the  offender  shall  be  fined  kingdom.     So  that   the  tenure 

and  by  the  statute  of  13  Cur.  2.  all  natural  per-  city  of  London   bold  thrir  frauebii*'^^ 

■uns  are  lor  the  future  disabled,  and   incapable  their  liberties,  will  be   quite   change*V^^ 

of  any  office   orplaceof  trust,  where  the  libel  lered,  without  the  aiil  of  act  ot  p*^^^* 

ia  s<,rainsi  the  king.     Hut  where  the  matter  is  The  city  will  no  longer  hold  all  tlieir^^^ 

ftlsc,  and  the  libel  piiblislieil  ag^s-t  the  king,  from  the  erowu   '  quamdiu  se  bene  ^^df 

tn  withdraw   bis  people's  alTectionfi  from  him,  which  was  tbeir  aocient  tenure,  n^^ 

and  thatby  the  joim  counsels  of  a  corporation,  tbectnwn  and  the  laws  of  the  landi*" 

tbei«  can  little  room   for  a  question   remain,  lirst  erection,  but  will  gain   '  ahsoli 

but  they  have  broken  their  original  tnisi  for  '  niuro.'     And  the  king  shaU 

«ood  g«rcmuienl,  and  misused  their  libertv  to  prerogative,  but  at  their  good  pleasui 

ceatiousnesK.     How  criminal  Is  it  for  private  wisetliey  will  blast  liim  to  hisneopli 

■D^ecU  to  deliberate  of,  and  deietiaine,  and  their  aSedioDa  fhim  him-     I  b^T' 


Stalim,  Mwh.  3 1  et  S3  Eliz.  Hot.  3  oWii 
COM  Wat,  that  ■  treaty  vf  marriagr  boa 
loot  betweeo  the  queen  and  duke  of  Anmi,  J 
Sinbti  published  a  book  ralied.  ■  The  Dm! 

■  of  a  gspiiig  gulph,  wherdmo  En^ud  ii 
'  to  fall  by  auother  Frendi  ruura^y  c« 
ing  a  disaciasire  against  the  muriige: 
therein  amongst  other  things  chatgetli,  '  ^ 

■  this  morria;^  bath  sin  in  itBcUi  UHlafi 
'  only,  furbiiuig  against  tlie  iawof  Oud.'  j 
in  another  place,  *  That  it  openiall  the  ami 
'  Ibreign  enuuics,'  with  screral  bad  raM 
npon  Uie  duke.  Tliis  book  waa  <l«liTn4 
Stuls  t«  Uugii  Singleton,  a  stationer,  u^ 
who  caused  it  to  be  printed  and  putiU 
They  were  both  indicted  thrit  iothiicKAi 
t)ie  indiclnient  laid  to  be,  with  intent 
the  lawful  purpose  of  the  queen  andlfa 
marry,  and  to  animate  and  stir  up  the  fM 
subjecbi  to  rebellion,  and  la  rain*  dimr' 
Iween  the  qut«n  and  ber  siibjectt,  ami  i 
Ten  the  good  gttTerument  of  the  faq 
Upon  Not  Cuiliy  pleaded  (for  they  li 
the  uonhdeuce  l»  justily)  tbej  **U 
Guilty.  andjudgiuenlgi'eofiHTi-'"' — 
ri^ht  natiih^  upon  the  statute  I  " 
lilKlIiog  the  queen.    In  iLi^  <s 

of  the  qiteen'f  lawful  puryoae-, _ ., 

vate  nutief  than  ibe  admininmtim  >f  kii 
5J1I  oJIice,  by  common  8ub|ects  not  I 

(he  kingdom  ;  and  the  piibliibmi;  tl: 
and  conseqncDCi's  thereof  tii  be  sidt'ul  -  - 
gerous  to  the  kingilom,  is  a  librUing  ■■ 
queen  and  her  government  «ithin  ibiaw* 
The  censuring  of  the  cvercite  of  ibt  nfl 
lawliil  prorogation,  and  chargin"'  il  ^'^ 
interruption  of  pubbc  justice,  is  uf  s  n* 
gerous  nature.  Every  natiiiatpoison'. 
ed  of  this  offence,  is  by  the  statute  of  IJCi^i 
disabled  for  any  pubhc  trust ;  ttit  f""^ 


It  uiew^r      1 
:s<W.v«r     I 


STATE  TRIALS,  34  Charles  II.  l58S,— tfwrf  the  City  of  London.     [1214 


i.  1  have  nothiD^  more  to  oflfer.  I 
tar^  provrd,  that  the  corporation  of 
is  a  great  franchise  and  liberty.  1  have 
that  point  of  forfeiture,  and  their  de- 
s  towards  the  crown  :  .they  stand  in  the 
erel  with  other  cities  and  boroughs, 
>e  forfeited  and  seized.  I  have  pre- 
to  the  court  two  superlative  offences, 
'aiust  their  prince  and  their  fellow  sub- 
s  well  as  can  be  ;  wherein  they  have 
rd  all  other  cities  and  borousrhs,  and 
Ives  too  in  any  former  age.  llie  man  - 
their  pleading,  and  defence  at  the  bar, 
he  disease  to  l^  dangerous  and  infectious 
*  cities  and  boi-oughs,  and  of  the  nature 
dng's  evil  incurable  without  the  king's 
I  have  this  day  brought  them  in  juug- 
efore  the  court,  in  order  to  their  cure, 
g  remains  for  effecting  of  the  cure,  but 
grnent  of  the  court  ror  seizure  of  the 
se  of  'London  into  the  king's  hands  ; 
I  demand  for  the  king. 

Attorney  General  having  taken  up  so 
ime,  the  court  put  off  the  hearing  the 
1  for  the  city  till  another  day,  when  >Ir. 
kn  argued  as  follows  : 

ARGUIVIENT 

Of    Mr.   Pollexfen. 

lis  case,  when  I  coasider  the  greatness 
isequence  of  it,  that  it  affects  the  king, 
'liament,  the  laws,  the  very  government 
which  we  have  lived,  this  great  city  of 
1,  and  all  other  corporations  and  people 
land,  and  their  posterities,  for  ever,  I  can- 
:  be  troubled,  that  I  should  be  the  man  to 
lot  it  should  fall  to  argue  it ;  but  that 
comforts  me  is,  that  your  lordship,  and 
urt,  upon  whom  the  judgment  of  this 
ase  depends,  will  help  out  my  defects,  and 
ing  to  what  is  requii'ed  in  the  great  places 
sar,  take  care  and  provide,  that  by  your 
entthe  ancient  govemmeht  and' laws  of 
ngdom  receive  no  damage  or  alteration, 
ng's  counsel  have  on  their  side  only  some 
1  words  out  of  old  records  of  forreitures 
isures  of  liberties  which  arc  of  uncertain 
*ubtfxil  sense  ;  but  there  is  not  on  their 
t»dnced  any  one  precedent,  judgment,  or 
I  to  maintain  the  point  in  question,  viz. 
corporation,  or  body  politic,  ever  was 
lOed,  or  dissolved  or  taken  away  for  a 
Pe :  no,  not  in  the  maddest  of  times,  in 
^  of  Edward  the  2d,  and  Richard  the 
^  the  tumults  and  disorders  were  so 
^uttbey  not  only  seized  and  took  away 
*^e8  and  franchises,  but  the  lives  of 
noUes,  judges,  lawyers,  and  all  that 
*^*  their  way  :  in  those  times,  thoinifh 
"^  hunte<t  and  searched  with  all  dili- 
^ot  one  instance  of  a  corporation  taken 
■"  dissolved  by  a  forfeiture,  is  cited.  So 
"*>  hence  I  hope  I  may  safc^ly  conclude 
STUe  in  this  case  for  tlfte  old  and  known 
liaye  beeo  ever  practised  through 


all  a^,  and  against  that  which  never  hath  been 
practised  or  known ;  which  is  a  great  en- 
couragement to  me.  The  pleadings  o&ng  very 
long,  I  shall  only  repeat  so  much  of  them  as  I 
use,  when  1  come  in  order  to  speak  of  them. 

I.  The  first  thing  proper  to  be  spoken  to  is 
the  information  itself,  and  therein  1  make  this 
question :  Whether  as  to  that  part  thereof,  that 
chargeth  the  corporation  with  usurping  upon 
themselves  the  being  of  a  corporation,  whether 
that  be  properly  brought  against  the  body  po- 
litic, as  this  is,  or  ought  to  nave  been  brought 
against  the  particular  persons  ?  I  do  agree, 
that  as  to  s the  other  things  mentioned  in  the  in- 
formation, the  having  sheriffs,  justices,  dee, 
the  information  is  properly  brought  against  ths 
corporation  :  and  1  do  also  agree,  that  it  may 
be  good  as  to  those  things,  though  bad  and  in- 
sufficient as  to  the  charging  the  corporation 
with  usurpation  of  their  Geing,  without  lawful 
warrant  or  autboril^.  And,  that  I  may  come  . 
singly  to  this  question,  I  do  put  out  ail  the  other 
franchises  in  the  information,  and  take  only 
what  concerns  this  point ;  and  then  the  infor- 
mation, as  to  this  point,  chargeth,  tliat  the 
mayor,  commonalty,  and  citizens  of  London,  b j 
the  space  of  a  month  last  past,  before  the  infor- 
mation, did  use,  and  claun  to  have  and  use, 
without  any  warrant  or  r^al  concession,  within 
the  cit^  of  London,  the  fiberty  and  franchiss 
following,  viz.  to  be  a. body  politic,  re^ facto  et 
nomine^  by  name  of  mayor  and  commonalty, 
and  citizens,  and  by  that  name  to  plead  and 
be  impleaded ;  which  liberty,  privilege,  and 
franchise,  the  same  mayor,  commonahy,  and 
citizens,  upon  the  king,  by  the  time  afore- 
said, have  and  yet  do  usurp.  This  is  the  sub* 
stance  of  the  inlormation  as  to  this  point ;  and 
whether  this  information  thus  brought  as  to  this 
matter  be  sufficient  in  the  law,  uponjwhich  a 
judgment  can  be  given,  or  ought  to  have  been 
brought  against  particular  persons,  is  the  ques- 
tiooi.  I  conceive  it  ought  to  have  been  brought 
against  particular  persons,  and  is  insufficient  as 
it  is,  and  that  no  judgment  can  be  given  upon 
it,  supposing  the  defendants  had  demurred,  or 
pleaded  nothioc  to  it.  To  make  oui  the  in- 
sufficiencies, I  desire  to  consider  what  it 
imports. 

1.  The  very  bringbg  the  writ  and  exhibiting 
the  information  agamstthe  corporation,  imports 
and  admits  the  mayor,  commonalty,  and  citi- 
zens, to  be  a  body  politic,  capable  to  be  sued 
and  impleaded,  *  respondere  et  responderi  ;' 
otherwise  there  is  no  defendant,  no  person  in 
court,  against  whom  the  suit  is  brought.  It  is 
not  enough,  that  the  person  sued  fie  a  person 
by  supposition,  or  a  pretended  person,  but  none 
in  reality.  If  a  writ  or  information  be  brought 
against  a  baron  and  feme,  this  must  admit,  that 
they  are  baron  and  feme  really  and  truly,  and 
if  there  be  any  thing  after  in  tne  writ  or  infor« 
mation,  that  shews,  that  they  are  not  truly  and 
really  l>aron  and  feme,  but  that  they  do  wrong- 
fully and  unduly  take  upon  them  to  be  baron 
and  feme,  when  in  truth  they  ace  ysaC,  t.V»a 


U15JSTATCTRIALS,  34CilABLlwn 

the  writ  or  infonnatioD.  The  like  'n  mpposed  . 
bv  the  bringine  the  writ  or  inlurnratioii  agvioBt 
&e  body  politic ;  it  suppo«etli  anJ  afliniieth 
tb^m  retJI^  ^"^  """'j  '"  °^  such,  ami  llie  nib- 
■cquent  affirtDBtion,  lliat  the}'  uiurpeil  to  to 
and  are  not  so  really,  is  cunlraiiant  and  re- 
pugnant. 

if.  When  in  the  information  il  is  all>?<l^, 
that  the  mayor.  coiiiinoaBh]|  an<)  dlizaw,  the 
liberty,  privilege,  and  i'nincbise  ofbeing  a  body 
politic,  re,  f'acio  tl  niinone,  anil  to  be  sueil 
and  impleaded,  upon  the  king;  biLve  and  ytt  J( 
usurp,  to  uwirp  ur  do  any  art  of  nccFssity  ini- 
purls  and  admits  a  precedent  existence  of  'the 
persno  tlint  doth  tisnrp,  or  do  the  net  to  Ibe  □< 
done.  Particular  uerMnns  nm  tisnrp,  and  CAke 
upon  theniEelvcs,  tliat  wbtdi  tbey  bave  nu  rigiit 
uiiio:  tlie  persons,  that  did  (he  net,  did  betore 
exist,  and  bad  a  beiDg-.  Ani)  whpit  a  rorporB- 
tion  is  said  to  usurp,  it  of  nccessiiv  naust  bi 
supposed  to  have  a  |)recedent  bein^.  Tbe 
nense  of  nsurpatinn  ID  a  Uuo  Warranto  is 
nibject's  taking;  upon  him  franvhiset  willioul 
vaminl. 

My   lord  Coke  «wll).   That  nBurpati< 
the  common  law  bath  two  significations  :  Iiist. 
1.  977.  b. 

1.)  Tlie  one,  nben  a  ttrau)^  presents  to 
kenefice,Bnd  bia  clerk  instituted  and  inducted, 
be  gains  the  advowson  by  usurpntioi 

3.)  The  other,  when  any  subject   without 
luwhil  warrant  doth  use  any  royal  Iranchises,    ■ 
be  is  said  then  to  iiHurp  upon  the  kins'. 

So  that  an  usurpalion  bupposcth  of  necessity 
a  Bulji-ct  or  a  person  ptcceder.ily  in  tue,  that 
uselb  tbe  franchise,or  that  doth  usurp.  Thai 
which  is  not  in  e-ae,  that  hath  no  existence, 
cannot  use  any  fmnchise,  cannot  usurp, 
very  alledgiugthal  tbty  usurp,  doth  ad ra 
necenity  an  existence  precedent  in  the  corpo- 
ration, such  as  can  usurp,  or  act,  and  therefore 
lliia  information  is  inconsiBtenl  witli  itself. 

3.  But  another  reason  to  proTe,  that  it  ought 


judgment,  that  must  be  giveu  upon  this  inibr- 
maiion,  il  judgment  tor  tiic  king-.  The  judg- 
Inent  must  have  two  things  in  it: 

l.J  To  damn  tbe  corporation,  '  Quod  penitus 
'  cictingiiatur  et  esclodatur'  from  being  a  cor- 
poration for  the  future;  for  being  wronijfuUy 
usurped,  it  cannoi  be  continued  :  A  judgment 
to  continue  wrong  and  Dsurpatiou  can  never  be 
a  right  judgment. 

a.)  Afinet«  tbe  kine.  for  the  usurpin^it 
for  the  lime  piist.  Trii4  judgment  may  and 
ought  to  be  wrn,  where  the  inlbrmaboo  is 
Wiinst  |iarticular  per^mns,  tor  usur)iing  upon 
themsetiestobeaCDriKiratiou.  anil  they  Huall 
be  lined  and  iruprisnued  ;  hut  this  eaunot  be 
Vibere  the  infariuation  b  aiirainst  the  '  '*" 
politic ;  liir  by  the  jud|ftiieni  of  the 
mlitic  is  <3itin(fuiiib«d  and  iUm^'mI.  i 
Hne can  be  impused  u|>on  tl^at  which, j| 
8o  that  hereby  the  king  t 
which  Iheparlu^ulnr  jictmibs  u 
fiy,  «Dd  ihe  bw  n  itifttseNhle  d 


]    STATE  TRIALS^  M  Chaklu  II.  1682.— mtf  ihg  GiytfLaiubm.    [1211 

to  Warranto  Ten.  boilifis  and  burgeasea  of 

Mallon  in  Yorkahire;  T.  6  Jac.  r.  3. 

iVarranto  they  claim  divers  liberties,  as 

I,  markets,  and  others,  and  among^  the 

>  be  a  body  politic.    Tliey  put  in  a  plea, 

lake  their  claim  by  prescription  ;  issue  is 

I,  and  tried  by  Nisi  Prius  at  Vork,  and 

against  the  corporation,  and  a  judj^ent 

id,  '  Quod  libertat'  et  franchesice  pncdict' 

lanus  domini  regis  capiantur  et  aeiuantur, 

xhI  ballivi  et  burgenses  capiaut*  ad  sa- 
il' ree*  pro  fine  siio  pro  usur- 
?  et  tranchcsiu!  pncdict.' 


ciend'  dom 
m' libertat 

nre  is  no  mention  of  this  case  in  any  book 
lOrt,  as  far  as  I  can  learn  ;  so  that  this 
I  sub  tiUntio.  Next,  how  can  this  judg- 
beffood? 

]  How  can   that  be  a  right  and  lawful 

lent,  which  shaU  be  p^iveu  lor  the  con- 

g  a  thing,   that  is  bv  the  very  judg- 

adjudged   to    be  unlawfully    usurps, 

ftne  for  it  ?    It  is  directly  *  opposituin 

BCtO.' 

]  How  can  the  corporation  be  seized  into 
a:;*8  hands?  '  £xtinp(uatur  et  exctuda- 
is  proper  ;  the  corporation  cannot  be  in 

]  How  could  the  bailiffs  and  bun^esses 
ed  ?  When  they  are  vanished  and  pme, 
a  no  corporation  in  being  ;  that  which  is 
pon  a  corporation  cannot  be  levied  ujion 
ulicular  members. 

ire  mmie  inquiry  after  this  borough  of 
llalton :  it  is  a  small  borough,  within  the 
r  of  the  ancestors  of  my  lord  Eure  ;  it  did 
itly  acnd  burgesses  to  parlianiunt,  but 
the  time  of  king  Kil.  1  to  the  bogiiming  of 
Dg  fiarliament,  1(340,  it  sent  none  then  ; 
pciition  a  writ  was  onlcrotl,  and  they  then 
rer  since  have  chosen  hurgessrs :  my  lord 
Iwing  lord  of  the  manor,  and  offended  with 
did  prosecute  this  *  Quo  Warranto,'  and 
mring  neitlier  lands,  n^veiiues,  or  estates, 
iend  themselves,  he  easily  pre\-ailed,  they 
in  trutli  being  incorporate,  nor  having 
barter.  But  that  which  I  gi^  e  for  answer 
■e  precedents  is, 

They  are  all,  where  not  only  the  lieing 

coruoration,  but  also  divers  otlier  iilier- 
ere  m  question  ;'  so  that  liie  inlbrrualions 
good  in  |»art,  ami  not  \wiv;!i  the  \*\n\c  to 
on  whether  good  as  Xo  that  part  of  their 

a  corporation.  The  fine  upon  them  for 
lag  the  fjther  libcnics,  would  have  been 
than  they  cuiuld  liear  or  }>ay. 

That  this  is  but  one  jutli^inont,  and  in  a 
of  a  small  lionHigh,  and  tlcit  judipnent,  as 
ed,  not  agreeable,  hut  im'onsistent  with  the 

oir  law  or  reason.  The  iNMly  politick 
I  not  be  seized  into  the  kini^'s  haiHls ;  but 
ever  a  judgment  is  given  for  the  king, 
ibefty  which  is  usurped,  or  extinct  in  the 
■i  the  judgment  must  lie  *  (piod  cxringu- 
r/  and  that  the  {lerson  that  dniinetl  them 
iacepa  Libertat*  et  Franchesiis  pnedict' 
liMms  uitnnuittat,'  M'd  al>  u!«u  earund* 
tdo  omiuno  oentt ;  ^uodfpic,'  the  pcmn  I 

»U  Till.  I 


that  used  them,  *  pro  usurMcion'  Liberut.  et 

•  French,  pradict'  super  i>miinuin  Regem 
<  capiat'  ad  respondendum  diet'  Dom'  Reg°  de 
'  Finesuo  pro  Usurpacioiie  Libertat.  et  Franch. 
'  pnedkt.'  That  this  is  the  form,  C.  En.  659, 
a.  537.  627.  b. 

3.]  That  this  judgment  of  New  Malton  pass* 
ed  sub  siltntio;  for  tliere  is  no  mention  or  it  in 
any  book,  nor  doth  it  appear  that  ever  the 
question  was  moved  or  debated.  And  for  pre- 
cedents in  matters  of  practice  and  process,  Uiey 
are  of  authority ;  hut  in  point  or  law,  unless 
they  have  been  upon  debate,  arc  of  little  autho- 
rity to  prove  what  the  law  is.  Rep.  4.  94. 
Slade's  Case,  L.  5.  E.  4  110. 

But  on  tlie  contrary,  all  the  precedents  that 
are  in  any  printed  bo()ks  of  informations,  were 
brought  to  (question.  Whether  body  politic,  or 
not,  are  against  particular  iiersons  by  name : 

Against  Christopher  Helden,  and  oUiers,  C 
En.  527.  Fal.  9.  fo. 

Quo  Warranto  against  Cusack,  and  others^ 
Rol.  2.  r.  113.  115. 

.  Quo  WaiTanto  against  the  Virginia  company 
was  brought  against  Nic'  Farder,  and  others, 
Quo  Warranto  tliey  claimed  to  be  a  c4>rpora* 
tion.  Hoi.  2.  455.  *8ome  of  them  pleaded  in- 
sufficiently, upon  M'hich  there  was  a  demur, 
and  a  question,  how  the  judgment  should  ba 
entered  ?  for  that  the  master  and  chief  of  the 
company  were  left  out  of  the  Quo  Warranto, 
Dy  which  it  appears,  that  it  ought  to  be 
brought  against  the  master,  and  particular 
members  by  name. 

Next,  for  the  express  authorities  in  this  case, 
to  prove  it  cannot  lie  against  the  corporation, 
Uoi.  Rep.  1.5.  is  express,  That  if  a  Quo  War- 
rauto  be  hrti:;^-]it  to  tli^^solve  a  corporation,  tha 
%f  rit  ought  to  be  bi*ouo;hl  against  the  particular 
persons ;  for  the  writ  siipposcth,  that  it  is  no 
corporation. 

I'he  difference  there  taken,  when  theatlor* 
ney  £rcnerai  suppofieth  the  defendant  to  be  a 
cor{)oration,  otherwise  when  he  questions  tlie» 
as  inl'.abitants  of  a  \iU,  then  they  ought  «» 
enable  themselves,  tliev  must  then  shew  tbem- 
sclves  a  corporation,  also  prove  it.  , 

Mv  lord  Hales  in  hig  comnw«-P*^**rf:i™ 
Lincolns-Inn    library,  fol.    1»?  saith  tfti*. 

•  Nota,  s^'.  Quo  Warranto  soit  P^rtP';;^^^^ 

*  de  une  Corpuration  "w™ P**]!!S| r««ra^ 

*  PtTsons,  quia  iu  diaalDii*"^         t«f|»w^- 


tion ,  et  J  udginent  acm  —     -^ 
rues  si  le  Quo  Warranto  soit  P*^/_. 


'  ties  claim,  per  CorporaMuj 
♦Corporation.*  Thtaiapa** 
This,  if  it  were  only  -y,*^  -  Vci  i  i; 


p«%^«rs 


meut,  were  of  no  litde 

it  is  a  report  tak< 

Warranto 

Mr.  Attoniev 

cedents  to  be 

there  are 

judgmeat,  ibf 

ofthem, 

of  these 


41 


1319]  &TAT& TRIALS,  i4.CaAai.Eall.\6iiS.—Proc€tdingabH¥!a»lhlCmg[V 


1,  eDile&Tourei) 
I  tli0  ill  fori  nutiiii)  iai  bruuubt  nnl 
•gaiul  llic  orpoi-aiiun,  but  a)[ain!.t  tue  dti- 
zeu%  ur  inUaliitanU  vf  ihe  uity  iu  ibrar  notuFsl 
M)iaviliss  ;  diiil  to  tliM  ]>uq»se  died  the  ca*e, 
C.  En.  5^7.  of  A  Q.UO  Warranto  a^inst  tbe 
inbabUaats  of  a  village,  (lao  Wturuatn  they 
clainii^l  (o  Ik'  b  body  puliiick ;  ami  argueJ,  Uiat 
•  QitD  U'arrttiitu  lies  >|^inM  tlie  Civeaef  sucb 

■  dity,  iir  BurgmiieK,  ut  leuanls.  Thi»sceuit 
(0  be  fflllipr  a  sudden  conceit,  and  altntrether 
ondifffti'J,  luid  not  well  cunsidered.  But  iu 
onswMr  t1i«reiHi|o,  and  Vt  \itare,  tliat  lliia  wi'il  is 
brMglit  it(pvii*t  the  dctcndanta  tu*  a^corpuratiuo, 
end  cftnni't  legally  be  wkeo  ki  any  oilier  cose  ; 
if  a  inayur  and  couinioaalty  |)li!iid,  ibal  tbey 
ara ««i8«d  iu  iee,  ihcy  need  not  lay  in  li^lit  uf 
their  (V»yurati«n.  tbu  iina>v  slicwg  iheni  t<i  b«  a 
car|H>i'Mioii,  it  need  nut  1«  alledgi;d.  Lea.  1. 
15.1.  An 
aus  Bi»l  It' 

that  tbi-y  iicrd  not  sul  llwfnaelTi 
curiioi.iii:.  llii:  uaine  sl»«ivs  it;  so  of  cities, 
*am>  itit  li>K>k,  Hob.  211.  So  thm,  irliin  the 
wrti  iM  lirou;|Ut  agsintt  u  itiayM  and  coioiuan- 
ally,  IK  luaynr,  ooniTnoaalty  and  otizena,  ibc 
ItH  Ukt'a  outice  (if  ihem.lu  b«  a  curporalirfn, 
mod  ibc  writ  BgaiDst  ibein  aK  ^ucb ;  Uie  naiud 
nboirs  it.  But  a^iisL  Liibabitnuls  of  a  vSlagr, 
-a  writ  brouifht  by  thai  uaxae,  tluti  cannot  be 
fallen  to  bo  utber  tban  iubabilants,  the  name  so 
shews  it ;  unil  in  Midi  caae,  some  of  tbc  iiihn- 
bilaui",  Uy  i)»ni.-  (\i7.)A.and  B.  appear  in  per- 
hiiii..n:!.   I.  <   '        'i.l  iiamH  ol'ibe  rest  of  tbe 

ill!  <'i.  :iiiU  arc  duleudaiils,  Co. 

l.ii  '"fy,  as  apgiears  in  lliat 

Lit..L.u,  ur  <:i;,.',  <...>,.i.u'.     Uiit  iu  tbiE  case  here 
Ma  uti  puiMiirs  iliut  Jo  a|i|iGar  by 
t\te  coi'poi'aliaii  appev,  anil  uiajte  ao  atlorney 
unilcr  theii*  cooimuii  sciil.     Tbc.eorporatiou, 

.anil  no  particular  iktmiik,  are  the  deletiilDnU 
before  yim,  ov  eb*  jou  ba»«  no  defendanLs  be- 
lure  yuu ;  li>r  there  la  iioni:  uiipeariiit;  in  persoD, 
here  ii  DO  UuleiKlaol,  nor  none  a^usl  nhDm 
yvucHiii^te  judgniiiijt ;  bnl  alUhcwbulf;  pro- 
ceedings vain  unil  agvinst  unboily.     So  that  if 

•m  ihould  ailmil,  as  Mr.  Allnrney  ar^es. 
tW  thin  iuinmrntlou  is  not  bniiight  againEl  the 
;  tbvu  there  can  be  no  jiid^rineiit 
n  of  durendaDtsaniiearin^inlheu' natural 
Mpai^ititi;  iftu  must  liute  il  ai^inst  iht  ( 
piHVlJon,  or  nubwjy.  A  mayor  cannot  be 
irberc  tlici'e  a  a  corporation  ;   ihcrelure  Ibis 

■  nation  ia  impossiblu,  as  I  imuccive.  So  that  if 
there  u-er^nothingelseintliK  case,  if  Ibeintbr. 

.  nulion  be  ill  brought,  they  can  baie  no  judg- 
-  vmt  acaiiifit  ui. 

Jl.  Bui  admit,  thnttheinfonualion  OS  to  Ibi; 

point  be  Eulticienl,  then  1  prucoed  to  consider 
.  tbeother  pans  of  tUiscose;  the  plea:  thai  cuu- 

tawB  the  dclmilaat's  liUc,  (vix.)  That  she  is  a 
,  oerporatjan  tunc  out  of  nund,  and  inaAycoo- 
.fllflialionnby  acts  of  jiailiaintnt  and  charters. 
;  ft-ia  not  denied,  Jwt  that  tbe  litle  made  by  ibe 
.  plefti«gouil. 
>^  .fintuemhe  replication,  ilwi  it  wataiac. 


monalty,  and  citiMOs,  &c. 

3.  A  |ileadin^  oicr,  lliot  lhcniayar,w4( 
monally,  and  citijunii  talunic  "P""  ''""a  (■ 
menla  tuptr  icj  tn  be  a  bwly  poluK,  la 
have  powo'  to  inako  by-lawi, 

1.)  '  Colore  inde,'  but  for  their  ptiitte  i 

el  contra  fidueuuu  prr  Unmiuum  )t(MC 

Lfi^  hiijus  Itegui'  in   theoi  npian.  H 

upon  thmi  to  rai«e  nioury  upon  tlir  kini'ia 

jects,  by  colour  uf  on  urdintnue  by  lbMa< 

■)    made;     and    in     proaKulinD   rf  "" 

'ped  jiower,  the  mayor,  coniDiiAuh;. 

ciliKeiii,  in  ibiut  connnoa  ciHiDcd  imid 

Cublished  a  law  lur  loyitig  nioMV  a/m 
LUg's  sulgeota,  that  oaiiMi  to  lb*  mMMiM^ 
the  cily.   17  Keptrm.  !0  Car.  9.  (<n) 
'  quahliet  Pcnwna,'  fur  orcrj'  Iukm  ImJ  4 ' 
viaions  brou^bl  iutu  any  uablic  luaHwl' 
the  city  to  be  Rold,  S  J.  a  aay ;  for  ctaj 
of  provision.   Id.  a  dav;  lor  orry  oi 
drawn  i*itb  not  nKUv  itau  thn*  h>MM,li 
day;  if  with  ruura,  M.  •  day  ;  thai  if  oil 
tiitwl  10  \'*y^  he  should  br  anra>cd  ha 

C'ace  in  llio  market :  that,  b}  colour  'iflkid 
ff,  the  mayor,  and  I'oamiMidlt ,  Md  di' 
liavts  exlQned  grcst  M)in«  of  taumjim 
avm  privata  gain,  amounting  Iu  lite  iIm 
pvundx  per  aunuin. 

3.)  And  fkrtber,  tliat  vlierras  tbr*** 
seaSion  of  pMliament  knUcn  SI  Ortnb.  tk 
3,  and  continued  till  the  loth  of  Ju].n.i~^ 
then  by  tbe  king  proia(,iicil  Iu  ibe  lull  •(' 
instant  January ;  ibe  niayur,  toniui 
ciLiECns,  Jan.  1:1,  in  llieii-  coniii'oii  i 
seinbleil,  '  malitiose,  advisate,  <t 
'  absque  Ugali  AulhoritaU,  In  w  mm-  ,  _  — 
'  ad  conseodiim  et  jiidlcandum  ilicl'  Dl 
'  licgem  nunc,  et  Prorogatii-ueu 
by  the  king  prorogued  ;  and  in  I 
mon  council,  '  Vola  el  SuHVagin 
ct  ordinaverunt,'  that  a  petition 
the  mayor,  aldifnoeu  anil  eouiuiuiu  <^  i^< 
of  Lonilon,  in  eominon  liouncd  anaivUd 
ibe  kiugsbouldbe  exhibited :  i 
it  was  contained,  that  by  tbat  pronsni 
prosecution  of  tbe  public  justice  of  Im1 
doin,  and  Ibe  malnog  ncceswrv  yn 
the  prcservadcn  of  the  king,  and  his  ,. 
subjects,  l>ad  rewived  intenuption.  Aa'' 
thi^  major,  cnniinonattv.  and  citiKau.  ■ 
same  cuimnun  council  did  unlawlidlj.  " 
'  liose,  odiiaate,  il  i>editiose,'  wilb  B«r 
tbe  same  |ietitian  niifiht  be  uubluli«l  *« 
pereed  among  the  king's  suIhkIs,  f"  "^ 
them  an  opinion,  that  the  fciu|f  haJ  n 
jiroruguiionobttnicled  tliepubU('jiulK*>i 
incite  hatred  asaiusLlhc  kiag't  ptnM  M 
vermnent,  audto  disturb  Uie  yif. 
that  ptliliuD,  containing  tlw  mU 
matter,  to  be  printed  ;  ^oA  ibempMi 
ill  end*  and  piii|ioera,  ibej  vauw '  " "" 
ed  and  publishiAl :  by  ublch  lli< 
monalty,  and  ciUteus,  the  afurc 
IraDCluM  of  beiuf  a  body  polilK/ 


I     STATE  TRIALS,  34  Charles  II.  1 6^Q md  the  City  of  iMdck.    [  1 3S3 

fter,  by  the  time  in  the  infonnatioD,  have 
et  do  usurp  it. 

Fore  I  come  to  the  matter,  I  would  speak 
e  pleading*  herein,  and  in  the  subsequent 
joinder :    and  for  the  pleading  in  it,  1  ! 
it  is  as  singular  and  unprec^ented  as  ' 
atter  of'  it  is.    This  replication,  supposing  | 
latter  had  been  the  act  of  the  body  politic^  • 
ood  and  sufficient,  yet  as  pleaded,  is  in-  ' 
lent,  and  not  warrantable  by  any  law  or 
ce  ever  known.    It  contains. 
An  issue,  viz.  do  corporation  time  out  of 


Two  causes  of  forfeiture  of  the  corpo-  \ 
,  admitting  they  once  were    a  corpo-  ! 

* 

that,  thousrh  the  point  in  question  be  but 
riz.  Whether  we  are  lawfully  a  corpo- 
or  no  Ci)r|M>ration,  though  the  plea  is 
i,  that  we  are  a  corporation  by  prescrip-  ' 
me  out  of  mind  ;  yet  hero,  is  to  try  this 

An  issue. 

A  double  |)1ea,  allcdging  two  causes  to  ' 
it  for  a  forfeiture.  I 

is    1  conceive  cannot  legally  l)e  done,  i 
jt  in  the  king's  cose.     I  do  agree,  tlie 
hath  great   pierogatives  in    pleadings ;  | 
I  for  as  ever  they  have  been  allowed  or  ; 
ed,  let  them  be  so  still ;  but  that  the  king  ' 
b  the  same  matter  both  take  issue,  and 
)lead  over  at  the  same  time,  that  I  deny. 
most  reasonable,  that  the  law  should  be  [ 
id  to  preserve  tlie  king's  rights  ;  but  on  | 
iker  side,  I  think  it  is  not  reasonable,  that  j 
nr  should  admit  or  allow  as  legal,  any  I 
of  proceeding   that   should   destroy  or  ' 
r  the  subject's  right  indefensible,  be  his 
m  gnod  as  it  may  be.     If  so  be  that  Mr. 
Bey  may  both  take  issue  upon  the  fact, 
bo  pleail  over,  I  would,  by  your  leave, 
low  many  issues,  and  how  many  pleas 
the  king's  attorney  may  have  ?  Siip|M»se 
iog  bring  a  Quare  impedit,  or  writ  of 
» or  any  other  action,  the  defendant  makes 
itke«  which  is  usually   done,  by  many 
a  «nd  conveyances  from  one  to  another, 
ng  it  to  himself.    May  the  king's  attor- 
ow  take  as  many  issues  as  facts  issuable, 
■a  many  pleas  as  he  pleai^pth,  and  all  this 
ul  et  seinel ':"  It  is  true,  that  in  this  case 
Ittome^'  hath  assigned  only  two  breaches, 
uses  of'^forfeiture  ;  but  he  might,  if  he 
ileaw-d,  by  the  kauic  reason,  have  assigninl  ; 
lundred.  *  If  this  may  be,  are  we  not  all 
r.  Attorney's  mercy!'  If  tiiis  may  not  Ik^ 
how  many  pleas  Pis  it  in  law  defuieil  ? 
•Mvorem  vUm  a  man  may  pl<*ad  a  special 
and  plead  also  Not  Gulky,  but  not  several 
■1  pleas  ;  but  that  there  is  any  such  pre- 
tmftr  Mr.  Attorney,  in  suits  betwixt  the 
nd  his  subjects,  I  can  find  no  instance  or 
Mrity  for  it :  for  thougti  it  be  tni«s  as  1 
■M,  that  the  king  hath  great  prerogatives 
—ding,  yet  it  is  as  true,  that  this  is  iiot 
Mdm  ;  Alt  that  if  in  the  king's  writs  there 
liit   writ  or  liis   %ction   mis- 


conceived,  he  shall  be  bound  by  it  in  like  \ 
manner  as  subjects  are  or  sliall. 

Plowd.  Com.  85,  a.  Partridge  against  Htrange, . 
206,  a.  and  in  the  same  book,  in  mv    lord 
Berkeley's  case,    it    is    expressly  saiti,   that, 
though  the  king  hath  many  prcroGfati\es  con*  ■ 
ceming  his  periion,  debts,  and  duties  ;  yet  the 
common  law  hath  so  admeasured  his  prero- . 
gative^  that  it  sliall  not  take  away,  or  preju- 
dicbthe  inheritance  of  any . 

'Ilic  king  hath  a  prerogative,  tliat  lie  may 
waive  his  demurrer,  and  take  issue';  or  waive 
his  issue,  and  demur  ufion  the  plea  :  but,  saitli 
the  same  book,  fol.  2«S(),  he  must  do  it  the  same 
tcnn,  not  in  any  other  term  ;  for  then  he  may 
do  it  in  infinitum^  without  end,  and  the  party 
hereby  may  lose  his  inheritance ;  and  for  that 
the  common  law  will  not  suffer  the  king  to 
have  such  a  prerogative.  These  are  the  words 
of  the  book.  And  in  the  point,  that  this  pre- 
rogative must  be  maile  use  of  the  same  term, 
and  that  the  king's  attorney  cannot  vary  in 
another  term,  and  waive  his  issue,  is  13  £.  4, 
8  Bro.  Prer.  ()9,  28  Hen.  8,  2.  So  m  making 
title  to  a  Uuare  imjYedit,  he  at  the  end  of  the 
term  waived  his  first  title,  and  made  another. 
But  it  is  true  also,  that  as  to  the  |K>int  of  waiv- 
ing demurrers,  and  taking  issue  in  another 
term,  there  is  authority,  that  iie  may  so  ile  ; 
Rex  vers.  Bagshaw^  Cr.  1, 847.  But  whether 
it  may  be  done  or  not  in  another  term,  is  not 
material  to  our  case :  but  the  use  I  make  of 
these  cases  is  to  prove,  that  the  king's  attorney 
should  not  have  both  t(^ether  simul  et  sanely 
as  in  this  case  he  hath  done ;  he  must  waive 
one  l)efore  he  can  have  another  plea.  For 
those  <lebates  about  his  varying  his  plea,  by 
waiving  his  issue  and  denuirring,  or  waiving 
his  deumrrer,  and  taking  issue,  signify  nothing, 
if  he  may  in  one  plea,  and  at  the  same  tim« 
take  issue  and  demur,  or  plead  over  jto  the 
same  matter  or  point,  as  is  done  in  this  case  ; 
therefore  those  iMioks  strongly  prove,  that  the 
prerogative,  that  the  king  hath,  is  by  waiting 
or  relinquishing  one,  and  choosing  tne  otlier  ; 
and  theref<»re  not  to  liave  or  use  altogether  and 
at  once,  as  is  done  in  this  case. 

The  king  shall  lie  bound  by  one  issue,  h« 
shall  not  have  divers,  9  H.  4,  5.  So  that  as  this 
replication  is  at  the  same  time  «i/7i»/  it  tctnel 
to  the  same  matter,  to  take  issue,  that  ue  wt^re 
not  a  c<»r|)oration  lime  out  of  mind,  and  to  plead 
two  matters  of  fact  for  forfeiture,  is  the  first 
attempt  that  ever  V  as  of  tins  kind,  and  in  its 
conbe((uenee  confimoding  the  ri$rht  of  the  sub- 
ject, and  lea\es  him  uerlia)>s  only  but  a  colour 
of  law,  but  most  difhcult,  if  not  inipositible  by 
it  to  1k'  deicivie<l,  b^t  his  right  b<>  \s\\tki  it  will, 
if  issues  anil  pleas  without  nuiulH,'r  may  be  by 
the  king's  attoruey  joined  and  plead(*d,  and  the 
subject  must  answer.  The  very  charge  be- 
sifles  will  undo  the  subject,  and  wrest  hi  in  out 
of  his  estate  by  the  law,  that  should  prf*<«r\  e 
him.  This  |>uint,  if  I  mistake  not,  will  de- 
stTve  consideration,  if  it  be  new,  arid  the  first 
uruject  (Ibr  so  I  beg  leave  to  call  it)  of  its 
kind  *,  for  I  know  no  book  wt  Ssoftmc^  ^N^  ^^tf^ 


ISIS]  STATE  TRIALS,  34CHASLE81I.  l682.—PraettdtngihrtKii» 


1 


ffljj,  u'twatraDlablp  hv  alii  Inn*  ntid   niW  of 
pleading.     The  uld  \i^a  snil  uayn  >re  fnMxl 


'  hsht'l.'  Pprha|is  llie 
dlkfK  altcnding  tliiil 


y  of  joining 
tt  the  itnnie  lime  pleading  over  na  niaoy  pleas 
m  IHr.  Attorney  plenseDi,  are  aK  ^preat  a*  any 
4th«r  In  lliis  case,  and  not  te^  to  be  minded  or 
W  ^agiiTi)«d.  As  of  tl(e  one  side,  grvM  bm  the 
■  IlnK'»  prnnpitiies,  and  ca.wt  Deceaaary  to  be 
fpenencd  and  niainlaineil  ;  so  it  cannot  bo  de- 
nied, bnl  tbat  tbe  law  halh  set  limits  and 
boiindo.  which  miHt  be  kept  and  nbeerred  in 
pleading,  ubii-h  h  the  melUod  andmrnD  nf 
presenioe;  and  ilctermiuing  rigbtn,  witliont 
which  no  ninn  can  lii-  [ire«er>e<l  by  the  law. 
But  supiiming-  that  setersl  caoscs  of  forfei- 
tarw  niBj  he  assigned,  yet  ihey  mtiffl  lie  all 
Acts  H-me  at  the  same  liine,  or  ihey  confnund 
mi«  the  other  ;  for  if  the  fint  fact  was  a  tor- 
fnlure,  Ilieieby  tijc  oirporation  was  deter- 
mined, and  at  aa  end,  and  the  iiubsequent  onnlil 
not  be  the  act  of  the  true  lawful  eonwralian ; 
At  that  was  fodnled,  drtennined,  ana  gone  hy 
the  precedent  forfeiture:  and  if  i>i,  that  it 
WM  fnrtHled  and  eone  by  the  precedent  act, 
viz.  the  making  uie  ordinance  Nepteinb.  IT. 
30  Car,  1,  ihen  how  could  it  act  and  Ibrleit 
itself  six  years  after,  in  the  yew  thirlv- 
two?  This  seems  impoenit.lr.  Uut  to  avoid 
this,  Mr,  Attorney  in  his  argument,  dolh 
bold,  that  though  the  act  be  a  fiirteitun?, 
yet  (ill  there  be  s  juil|nnent,  or  someihinp  nn 
record.  ti>  drtiTniiiie  the  corporation,  (and  in 
this  case  the  juilG;'mcnI  to  lie  gfiren  shall  do 
that  work)  till  such  jiidpnnit,  the  corporation 
rciDQins  :  then  taking  it  as  Mr.  Altoniey  will 
bare  it,  and  as  the  truth  is,  ini[>fiosing  a  torfei- 
tnre,  until  that  furfeilure  ajipear  on  reconi, 
or  that  there  lio  siime  office  or  inqu.'  ' 
finds  it,  and  thai  returned,  and  nn  re 
it  of  any  cslate  in  lands,  tencnieni 
tonirnU,   or  oHicca,  it  is   not  determined 


tested  in  the  ktn^.  hut  oontinues.  This 
contrary  and  contradictory  to  alllhai  you  have 
dime,  anil  the  very  feiindatinn  of  this  (Jnn 
Warranto  ;  for  if  you  admit,  SR  then  you  do, 
Ihal  the  fiirii-iliire  ipsa  facia  did  not  determine, 
but  Ihnt  it  niiivlliethisQuo  Wurranto,  orjuilg-' 
n>ent  iijioti  it,  that  must  determine  the  cor[ifi- 
ralioii ;  Binllhat  the  corporHtion,  notwhhsland- 
inir  such  acl,  was  oris  in  lieing';  then  )bey  hate 
not  iisurjied  upon  the  king  :  they  are  the  same 
oorp<>rjliiin  tliev  were  ;  they  have  the  Kame 
power  lu  act  they  had  ;  they  hare  the  same 
warrant  and  riijht  they  had,  only  subject  to  a 
judffrneiit  n^ainil  them,  that  may  be  ijivm 
nerenller  lor  u  liict,  already  past :  fur  since  that 
•n  usnqiaiiun  is  a  sortious  and  wrongful  uwing 
a  lilierly  iir  franchise  upon  Ibe  kioc  withnut 
lawful  nnlhoriiy;  then,  »uppiMiig  sncb  an  net 
Off'irteiluredulh  mH  ip^  factn  delermuie  or 
dissnlie,  but  .i  judemcnl,  or  Home otIiiT  act  of 
tecnrd  must  lirsl  be  hB<l  liefoie  snrh  disso- 
Intiiin  ;  then  till  aiicl)  jiiilgineni,  nr  act  'A' 
jrecanl,  they  aru  lawl'ulty  a  corporation  in 
beijig-,  ao<l  lUetr  iMrlul  -nin^  mnuH,  ukI 


they  did  not.  i«ir  conW  so  lonir  nia 
being,  and  then  hcrrhy  if  j«ir  iwni 
tioD  dc«IIo\  ed  iind  abated  :  fOr  then.  ] 
that  tliey  dtd  by  the  space  of  a  moodi, 
any  wamot,  use  and  usurp  dwbbmi 
curporalinn.  But  hereby  tea  gnat 
was  not  usnt  UDhtwfuUvi  nor  ii<iir| 
notwithstanding  the  forterlDre  ibc  ul 
lawtblly  continued,  tmlew  iberc  had  it 
jndgment,  or  mlier  art,  on  reeurii  i 
mine  it.  Tliis  1  rest  opou  as  in>|><«i 
avoided.  Is  it  possible,  thai  a  evrpo 
body  pidilic  can  al  llie  same  biav  be 
and  righdullr  snch,  and  not  lawli 
ri^tfuUv  such  ?  Can  rifbt  and  «Ttn 
same  ?  Can  the  Mmc  ifiing  ri§;fatfidl 
have  its  being,  and  at  the  same  I 
rtirbtfolly  be  or  hare  its  being? 
po.inbly  be  at  the  same  cme,  rut, 
meDliuoed  in  llie  infonnaiion,  a  Iw 
poration,  ami  vet  an  usurped  <it 
curimtatioD  ?  Could  we  tbeo  hare  t  h 
rightful  authority  to  he  u  corpoialim 
the  same  timehaie  no  lawful  om;rl>tf 
riiytobesoF  These seemlo be rnumi 
aud  if  so,  pre  the  most  ditficnU  of  sU 
be  belicted  or  imposed  ;  tberefure  II 
in  this  matter,  cilht-r  idt  ni.  that  «i 
till  judgment  a  cotporotionorbody  (u 
fii)(y  and  righttiilly.  or  not.  If  Jim 
are,  then  *a  yet  we  are  no  tinliwfiil 
lion,  nor  have  asurped  to  Iw  one,  w 
infbrmalkm  and  rejdication  too  ha" 
We  have  not  then  nn  I  awfully  takes 
to  be  a  corporation,  and  therefore  cin 
judgment  agmniit  u!< ;  or  be  tini.-d  (nr  I 
being  thai  which  we  lawfully  hare  i 
you  now  admit  we  are ;  con«qOF 
mnst  go  some  other  i>ay.  you  hsiei 
your  own  inlbi-mation,  and  can  Uaie 
;  metit  upon  it.  But  pertiapii  tliis  ixw 
I  Mr.  Altomev,  that  the  okl  and  !s«fi 
— ■—  and  body  [lolilic  is  still  ip  ^ 


[uite  shall  so  conlintie.  tdl  bvjnd:;ment<<ri 
record  determined,  may  Oijiy  be  mvn 
Ihon gilts  ;  fur  not  only  the  tnaltrr. 
whole  proceedings  in  tlii«  suit.  bein( 
nne.Tperienced.  and  perhaps  roiicli  on 
tice,  it  might  easily  happen,  that  in 
pmceedinif,  all  lhliig<;  might  not  be 
on.  nor  all  the  ohjeetions  nor  iTietsw 
foreseen,  and  perhaps  the  constque* 
posiiioD,  that  a  miscarriage,  or  dmn) 
lawful  art,  should  iftofacln  fiitfeit  ' 
politic  or  cor|>ORition.  might  make  *> 
and  cant  about  how  to  aiotd  it,  and  flj 
onednngerrun  into  another.  The"* 
onlinariTv  happening,  and  perhi|>sh*' 
case  hap|ienei1,and  nei^tnecaiisf  « 
cession,  thai  the  old  and  law  fut  eocpoif 
being,  which  b  contrary  to  the  "!■ 
and  scope  nf  both  the  lufomatiga  ■ 
cation,  end  probably  never  thonjWt 
tended  when  the  inlormation  orte^ 
made,  being  quite  contrary  and  wt 
with  the  frame  and  foundatiotiiif  M 
If  it  be  faolden,  aocordinj;  to  ibil « 


STATE  TRIALS,  34  Chahles  II.  l6!82.— mJ  ike  GUf  •f  London,    [x^fd 

tbein  had,  for  exposing  to  sale  their  victuals  as 
often  as,  and  when  to  them  should  be  thought 
expedient,  so  as  their  ordinance  be  nseful  to 
the  king  and  his  people,  consonant  to  reason, 
and  not  contrary  to  the  laws  of  the  land  ;  that 
this  custom  is  confined  by  Mag.  Char.  8tat.  1 
£.3.  Stat.  7.  R.4.  that  afW  the  burning  and 
rebuilding  London,  and  the  alterations  thereby 
made,  controversies  did  arise  within  the  city 
conceminc  the  markets  and  tolls  ;  that  there* 
upon  sir  William  Hooker,  then  mayor,  and  th« 
aldermen,  and  commons  in  common  council  as- 
sembled, did  make  an  ordinance,  intituled.  An 
act  for  the  settlement  and  well-ordering  the 
several  public  markets  within  the  city:  By 
which  reciting,  that  whereas  for  accommoda- 
tion of  market  people  with  stalls  and  necessa- 
ries fur  their  standings,  for  cleansing  and  paving 
the  same,  for  defraying  incident  charges  about 
the  same,  reasonable  rates  bad  always  been 
paid.  To  the  end  the  rates  to  l>e  paid  might  be 
ascertained,  that  the  market  people  might  know 
what  to  pay,  and  the  ofHcers  what  to  take,  to 
avoid  extortion,  it  was  ordered,  ihc/e  should  be 
paid  by  the  market- fieople  for  their  stalls,  stand- 
mgs,  and  acconimo<1ations  in  the  markets,  ibr 
every  horse-load  of  provision  under  public 
shelter  2(/.  a  day,  for  every  dosser  Jrf.  a  day, 
for  every  cart-load  drawn  with  not  almve  three 
horses  3d.  a  day,  with  more  horses,  4d,  a  day 
and  upon  refusal  to  pay,  to  be  removed  :  Then 
they  aver,  that  these  rates  are  reasonable  ; 
that  they  are  all  the  rates  that  are  paid  by  such 
market-people  to  the  use  of  the  city  ;  that  these 
rates  they  have  recci\  ed  since  the  making  these 
ordinances ;  that  there  is  no  other  ormnanre 
for  raising  moneys  for  such  provisions  exposed 
to  sale  in  their  markets  in  any  manner  made. 

To  this  rejoinder  Mr.  Attorney  hath  sur- 
rejoined, and  taken  it  Ijy  protestation.  That  the 
city  were  not  seized  of  the  markets,  not  at  their 
oii^Ti  costs  provide<l  stalls  and  other  accommo- 
dations: and  that  the  rates  by  the  ordinance 
appointed  were  not  reasonable.  For  plea  sets 
forth  an  act  of  parliament  made  22  Car.  2. 
enaodng,  that  to  the  end  apt  and  convenient 
phices  within  the  city  should  be  put  out  for 
buildings,  and  keeping  the  markets ;  and  that 
the  Koyid'exchange,  Old-bailey,  and  common 
gaols  and  prisons  within  the  city,  should  be 
made  more  coinmo<lious  ;  for  the  enabling  the 
city  to  do  these  things,  they  should  have  ft 
duty  out  of  coals  im{>orted  betwixt  Nay  1670, 
and  Mirh.  1687,  intii  the  port  of  London,  19</. 
per  chaldron ;  which  duty  they  have  accord- 
nigly  recci\  ed,  amounting  to  a  great  sum  ; 
and  notwithstanding  that  duty,  without  title  or 
right,  the  defendants  made  tKe  by-law,  for  their 
private  gain,  ahsgve  hoc  that  the  mayor,  and 
commonalty,  and  citisens,  have  time  out  of 
mind  had,  or  accustomed  to  hare,  *  Tolneta, 
'  ratas,  sive  denarionim  sumroas  per  ipsos  ma- 
<jorem,   Comnumitatem,  ac  Cives    Civitatb 

*  proedict*  superius  supposit'  fore  per  pnefti* 

*  legem  sive  ordinationem  pivdict*  assess'  et  ia 
'  certitudinem  reduct'  proutper  pladtana' •!!« 
<  perius  rejongead'  ts^^mfiftnE.^ 


•old  and  lawful  corporatH>n  was  not  by 
ipoeed  acta  of  forfeiture  dissolved  and 
incd  ipsofactOf  biU  remained  and  conti- 
awfully  a  corporation,  and  yet  is  so ; 
'e  have  not  usurped,  but  are  a  lawful 
lion  during  the  time  in  the  information, 
:  as  therein  supposed  by  usurpation,  and 
t  lawful  authority ;  an!l  thereoy  the  in- 
on  confounded  and  abated, 
soppoaing,  according  to  what  the  in- 
ion  and  Kplimtion  suppose,  that  the 
forfeiture  did  ipto facto  dissolve  and  de- 
s  the  corporation  ;  for  they  will  at  last, 
C,  come  to  that  again  :  for  this  present 
t,  that  It  shall  be  forfeit,  but  not  dissolved 
rmined  till  judgment,  will  be  subject  to 
all  the  same  inconveniencies ;  for  when 
Alt  is  given,  the  forfeiture  must  relate 
ime  or  offence,  and  to  avoid  all  mean 
s  in  other  cases  it  doth :  but  to  pass 
■r. 

Supposing  the  information  good,  the 
ion  good,  and  the  matters  alleged  for 
re  to  be  as  in  the  replication  alledged  : 
t  thing  I  pray  leave  to  speak  unto,  is, 
er  the  matter  allclged  in  the  rejoinder 
sufficient  to  justify  or  excuse  the  two 
ledged  for  cause  of  forfeiture  ?  I  con- 
ley  are.  The  pleadings  here  must  first 
il. 

s  to  the  ordinance  of  by-laws  for  the 
be  markets.  As  to  that,  the  defendants 
rejoinder  have  alleflgeil,  that  the  city 
don  is,  and  was  always,  the  capital  and 
ipnlous  city  of  the  kmgdom  ;  that  there 
I  always  have  been  great  public  markets 
the  said  city  ;  that  the  mayor,  com- 
j,  anil  citizeus  are,  and  always  have  been 
of  those  markets  in  their  demesne  as  of 
lat  their  own  proper  charges  provided 
t-places,  stalls,  standings,  and  other  ac- 
witions  for  persons  coming  to  those 
ts,  and  overseers  and  officers  for  better 
tioi*,  and  keeping  good  onlcr,  andcleans- 
i  sam^ ;  tliat  for  defraying  those  charges, 
tve,  and  always  had  and  received,  divers 
iUe  tolls,  rates,  or  sums  of  money,  of 
ions  to  those  markets  coming,  for  stalls, 
igi,  and  other  accommodations  by  them 
r  exposing  to  sale  their  victuals  and  pro- 
m  tnose  markets ;  that  the  fieemen  of 
f  of  London  are  numcrou<(,  above  fifly 
Dd:  that  there  hath  been,  time  ont  of 
ft  common  council,  consisting  of  the 
aUermen,  afid  certain  freemen  annually 
I  not  exceeding  the  number  of  two  hun- 
n1  fifty,  called  the  Commons ;  that  there 
Htm  within  the  city,  that  the  common 
make  by-laws  and  ordinances  for  the 
regulation  and  government  of  the  public 
ft,  and  for  the  appointing  convenient 
and  times  when  and  where,  witliin  the 
le  maricets  shall  be  kept,  and  for  the  as- 
'  sod  reducing  to  certainty  reasonable 
fetes,  or  sums  of  money,  to  be  paid  by 
iesoiiBgtothesame  markets,  lor  their 
MslMNWi  andodier  ftccommodations  by 


'  Ufi7]  STATE  TRIALS,  34CuABLesII.  \6S2.—ProcetdtngilHtrernthel^[il<g 

The  defenHants  they  rebut,  and  say,  iliat  r«rfpiture.  I  do  agree,  lliu  fiir  i  M  t{i 
th-ey  have  Blwnji  bad  veasooBblc  tolU,  rate?,  |  mavkei  lo  pt«iii-ril»  t»  baie  a  UK  udcom, 
or  sums  oi'moneyofall  personscoTuing' to  tbeir  andasol^en  og  eK]iMliFnt,  to  atrrttain  it,ii 
markets  to  sell  their  firoTiBLODs,  for  tbeir  stalU  '  ewid  preserintion.  But  ihaliBuotoaicH 
and  accouiniodalioiui :  '  £t  de  boc  ponit  se  '  *'  '' 
'  gnper  palriiuii  :'  The  attorney  demurs.  Upon 
hiK  pletwlinK^,  the  quesiroos  are,  whether  the 
matters  aUeilged  by  the  defendants,  in  juatiS- 
catioD  of  tbeorditiMice.or  by-law,  be  a  ){ood 
justification  in  law^  or  not  ?  If  it  be.  Mr.  At- 
iDmey  in  liia  sar-vejoioder  haib  given  oo  an- 
swer to  it  at  all  j  he  both  neither  conte&sed  it, 
nor  denii'il  it.  The  rejoiodcr  saitb,  that  the 
4efmdants  are,  and  alivays  bave  been  teized  uf 
the  markets  in  fi:e  i  that  they  at  their  charge 
provided  market- places,  Klalbi,  standings,  and 
offieera  fur  the  accorntnadalions  of  the  markets. 
Bod  cleansing  ihcm  ;  that  for  defray  intf  those 
charges,  they  Imi  e  always  bad  divers  reasona- 
ble tolls  and  rates  for  s^nndinga,  aud  other  ac- 
commodations; that  the  common  cuuncllbate, 
u  often  as  expedient,  always  iiiade  ordinances 
for  regiidatiug  those  uuukeu,  and  for  asuesHing 
and  reducine  toeertainly  reBsunable  lulls,  rales 
and  sum$  ol  money  to  be  paid  by  tbe  market' 
people  fur  tlieir  Bccommodatioos:  that  according 
to  tbis  custom, ihry  made  tbeordiuauceandby 
law-  Mr.  Atlomey  inbissiir-n^oioder  balb  no 
denied  any  g'ort  ofdiis ;  but  oftera  a 


thntwhiciiisno-wberealled^edariupposed.  It 
ii  neicr  firetended,  that  the  city  haveluu),  time 
oat  of  mind,  tlie  lery  tolls  and  sums  of  money 
fbr  toll  asaiWd   by  the  ordinance.    There  is 
not  a  word  in  tbe  rejoinder  to  thai  purpose,  but 
to  the  cnulrary  ;    (riz.l  that  they,  in  tbeir 
joioder  elaiin  a  poiver  tiyordinsncc  of 
council  to  Hssuis  and  set  the  rates  of  tin 
And  {>ayiiieiits   as  ullcn   as  and  when  to  tbem 
ahall  seem  c\j)ediem.     It  is  admitted 
joinder,  that  Ihe^  sums  ivcre  noilii 
mind,  only  ibey  hod  [tower  lo  set,  B^ 
asceriaiii,  iiS'ilicn;isi-vin?rlii.[ii:  llnT.Ji>ri- "lieu 

Mr.Attnrr.i  i I \.^^  ,■■_.  u,u.    ■  Nt  ,.i 

mind, ibe  ['>ll  ^  '■    . .n 

ordiiiaoiv  n  .- ' 

Ibis  is  plain,   l-.^.  -.l1l^    lim  .il :  .■>  ;.<■ 

trtided  unto,  it  lie  burl  inttnikil  lo  ir^iLrsr  iilial 
ite  have  alled^fed,  that  wc  have  bad  lime 
out  of  minil  divers  reasonable  lulls  and  sums 
of  money  (or  stalls  and  accommodaliuiis ; 
Or  if  he  would  have  traversed  the  inslance 
alledged  iiir  the  ciimmon  council  ossessiiifr 
those  tills,   as  ofleu  as  expedient,   that  was 

Slain  and  ensy  to  do ;    but  thai  lie  hath   not 
one  ;  He  bath  only  traversed  wlielbcrthetnlls, 
nles,  aud  sums  of  money,  by  tbe  ordinance  as-    and  nothing 
■essed,  and  reJneed   into  cirtainiy,  liateb^n    the  cnnlrary  is  objected. 
timeout  i>f  mind.     This  is  ibe  iiniper  sense  of        "   '   ''  -"--- 

bis  traiei'iie;  hut  if  doubtful  in  iu  nense,  bis 
traverse  is  noug-hi  for  that  rnuse  ;  for  dubious 
words  make  nu  issue  for  the  jury  totrv,else 
men  should  be  Irieked  and  cnsnareil  by  iloubt- 
folwnnUlDiiervert  riglit:  so  thatiftlie  mailer 
■Uedecd  in  tbe  record  be  sufficient  in  law  lu 
jnstily  ibe  makiog  this  ordiiuuiueor  by-law, 
then' what  is  done  therein  by  iheacl  of  common 
AMndl  is  lawftilly  and  ri|;hifully  donp,  and  do 


do  dislincuisb  betwixt  that  and  ibiicu*:  1 
there  'at  \n  custom,  canfimied  by  icb  4 
liamenl,  (lor  I  shall  shew  thatibry  vcf" 
narliameDt,  uolwilbslanding  whiluiAM 
jected  against  them)  a  power  and  irfd 
vested  in  thelord  mayor,  oldenueti,  ni^ 

late  aud  order  ibi  _ . 
tradei,and  maricetsioihe  city,andtbt|i 
aud  conreoiencet,  and  aliic«n,  fmo  H 
time,  and  coosecjuently  to  regulate  udn 
tain  the  tolls  or  rales  to  be  pa^  by  ibeoii 
people,  to  prevent  extortion  and  di«(dn*td 
sucn  custom  is  legal.  Tbe  cban 
London's  case :  an  drdiuance  tb«l  a 
cloth  shall  lie  sold  in  tbe 
brought  to  Blackwcll-hall  l< 
n  penny  for  every  i.'lfilti  to  lie  |iaid  tin  tl 
under  paiu  ol'thrJ'eitiiig  lii,  ad,  a  i-lmb.Ml 
cuvered  in  tbe  city  comts,  licp.  5,  ti9.  T 
fligecteit  that 'Ibiii  was  an  impmiiioetf 
meni  of  money  upou  the  king's  iMl>]<'ca,TI 
judged  good,  and  a  Procedendo  groninl. 

An  ordinance  that  no  unfrcemun  '  ~"  ~ 
trade  in  l^^ndnn,  adjudgnlgood.  C 
don's  case.  Ken.  8.  hiL  1.  A  muliiiiHlc  ilaj 
dinaucesthey  liaTe  fur  regubtiiig  all  m 
tiadoi,  and  ofrates  and  prices  ;  and  ■ 
reason  there  b  to  objed  sgaiiut  ihmii  w  tl 
ordinance,  or  tb«custan)  in  lliia  vom!  t~*^ 
citv  of  London  haveagorcrmnailanJp* 
Dieting  urdinimci^s  for  got  eniiiig  and  rep 
ti-ades,  buying  and  seHingnitbiiitliedl},}! 
in  the  common  council,  and  coolimualblM 
of  parliament ;  and  thcreli>re  ool  likediaOL 
of  any  private  lord  of  a  market.  Uuliti>|^ 
their  ordinances  must  bi  unrtavmaUr.  1M 
payments  that  are  imposed  by  this  iifdwM| 
nri'  only  iiU|Hiscd  upon  those  that  WotI 
't '^cr.  It  is  reason  a  reeompence  dwiJlM 
'  ',  ;iiid  there  is  nu  unrrasonableBm  wl>| 
■  (■  a|ipearein tbe orditiaiice,  hul»ra*\ 
iiilc  ii'i-om|>euce.  But  the  cuslnm  or  f*"*' 
ul  iLl-  rnmmun  council  is  not  denied,  u  i  W 
it  I  Jbr  tliey  haienol  denied  tbe  pmrrrlol^ 
late  and  asuerlain  ifae  tolls  or  sums  of 
alledged  lo  be  in  the  ooninion  counni ;  i 
bad,  that  must  have  been  tried :  nor  bind^ 
d(.iiied  the  rales  actio  be  reasonable.  ^ 'f 
I  think,  as  lo  this  mailer,  ne  have  wcH-HMJ 
ourselves,  aud  justitiedonrmakiugoDrbr-t^ 
and  taking  tbe  tolls  or  raiMtberebvapp"^! 


TlOl^ 


But  tor  oonlinniug  and  mikinsp"^* 
cusiums,  in  tbe  ulea,  there  arelh[teic~' 
parliament  pleaded: 

].  magna Charta. 

S.  Slat.  I.E.  3. 

3.  Stat.  T.  It  2. 

The  Idiig's  cnunsel  have  not  deniri  3^ 
Charta  to  1^  a  statute,  but  havedoutJlh" 
two  lo  bcstaluics,  or  acts  nf  parUa 
the  reMOOS  given  by  ihem  are : 


drnif^ttfl 
■arbaJJJ 


}]     STATE  TRIALS,  34  Charles  II.  l682.— anJ  He  City  9f  London.     [laSQ 

rest  of  the  acts  of  this  rery  parliament  ofth« 
1  £.  3.  inem.  17.  arc,  appears  by  the  patent 
roll  of  the  same  parliament.  A  charter  sfrantod 
by  the  kin||^  *  de  assensu  Pnelator'  I'omitUy 

*  Baron'  Coromunit'  Hei^^i  in  i^arliamcnto 
'  ainid  Wcstm'  to  enable  the  city  to  apprehend 
felons  in  Southwark.  An  act  in  the  same  form, 
for  annnlhn^  the  conviction  of  treasons  thai 
was  against  iioger  Mortimer,  in  the  time  of  E* 
Q.  Ilot.  Ctaus.  1  £.  3.  An  ezemphficatiou 
then  entered  of  an  act  made  in  the  same  form 
in  the  i»ame  parliament,  for  the  annulling  thtt 
attainder  of  Thomas  earl  of  Laniraster,  at- 
tainted tempore  K.  3.  Hot.  Pat.  3  £.  3.  P.  8. 

I.  M.  17,  Divers  other  acrts  of  pariiament  in 
the  same  form  made  1 E.  3.  for  annulling  divert 
other  attainders  that  ^vcre  tempore  £^  3.  So 
that  as  to  this  act  of  parliament  1  £.  3.  I  think 
the  objections  are  answered,  and  that  it  is  an 
act,  as  pleaded.  Rot  Pat.  2  £.  3.  P.  S.  3.  M. 

II,  Inst.  3.527.639. 
And  as  to  the  other  act  7  R.  3.  that  that  Ik 

no  act  of  parliament,  only  a  prayer  of  the  Com- 
mons, that  there  might  be  a  patent  granted  to 
the  city,  confirming  their  liberties,  *  licet  usi 
'  vel  amisi  fuerint ;'  and  the  ansiver  was,  *  to 
Roy  le  veult.' 

They  object  for  reasons  against  that  bemg 
an  act  of  parliament. 

First.  That  it  wants  the  assent  of  the  Lords. 

Secondly,  It  is  only  a  prayer  of  the  Com» 
mons  to  have  their  lilierties  confirmed,  and  tha 
king's  answer  '  Le  Roy  le  veult,'  but  nothing 
done  tQ  confirm  it. 

As  to  the  first  objection,  supposing  it  true 
that  there  is  no  mention  made  of  the  assent  of 
tlie  Lords,  yet  the  act  is  a  good  act 

1.  It  appears  to  be  in  parliament  *  ad  instan* 

*  tiam  et  rcquisitioncin  Communitat'  Kcgni 
'  nostri  in  prssenti  Parliamento.' 

3.  The  answer  in  pariiament,  that  is  given 
bv  the  king  to  the  mailing  all  kiws,  is  given  to 
tfiis,  *  Le  Roy  le  veuU.' 

3.  And  next,  it  is  admitte<l  to  be  upon  the 
parliament  Roll,  7  R.  3.  Num.  37.  I  hav« 
before  said,  that  acts  of  parhamcnt  are  not  in 
certain  form ;  sometimes  entered  as  charters 
or  grants,  sometimes  as  articles,  sometimes  and 
frequently  os  petitions ;  the  books  I  have  al« 
ready  cited  proved  it.  But  according  to  th« 
dburse  of  parliaments,  let  it  be  in  what  form  it 
will,  let  it  begin  in  whidi  House  it  will,  yet  it 
must  go  through  both  the  Houses  of  uarlia- 
ment,  before  it  can  come  to  the  king  for  hit 
royal  assent.  If  either  House  rejects  or  refu* 
seth,  tli«!re  it  ends,  it  comes  not  to  the  king  ; 
nor  is  the  roval  assent  in  these  gnmt  opcrativ« 
words,  *  Le  iRoy  le  veult,'  in  parliament  given 
to  any  thing,  but  what  the  whole  parliament 
have  assent(;d  and  airrccd  unto  :  so  that  this  is 
an  ii}ije<.*tioii  grounded  isiion  a  reason  contrary 
to  ull  the  course  of  |ia(-huinents,  uhich  shews 
that  the  Lonls  absi*nt  uus  to  it,  though  not  men- 
tioned. iSchlen's  .Mare  Claus.  3*19.  gives  a  full 
resolution  herein  :  *  Certissimum  est,*  saith  he, 
that  according  to  custom  no  answer  is  given, 
cither  by  thskiiig,  or  in  tho  kiu^'« 


icaose  not  in  print,  nor  roll  of  it  to  be 
I ;  or  because  nobody  knows  where  to 
iA. 

to  the  first,  private  acts  of  parliament  do 

je  to  be  printed,  few  are. 

to  the  second,  suppose  there  were  no  roll 

found.     I>oth  this  after  so  lonir  a  time 

4ide  there  was  none  such ;  especially  since 

Solicitor  was  pleased  to  acknowledge,  that 

•re  no  parliament  rolls  of  £.  3.  till  4.  £.  3. 

true,  that  almost  all  the  parliament  rolls 

3.  £.  1.  £.  3.  and  till  4  £.  3.  are  indee<l 

But  besides,  in  those  days  public  acts 

not  only  entered   upon  tne  parliament 

but  from  thence  transcribed,  and  sent 

r.  the  great  seal  to  be  published  by  the 

fls  of  the  counties,  in  the  cities  and  bo- 

tiOy  and  also  by  writ  to  the  courts  in  West- 

feer  hall,  to  be  there  entered  and  recorded, 

lich  there  are  many  found,  especially  in 

Ubchequer ;  and  hence  came  tne  rule  in 

that  judges,  ex  Officio^  are  bound  to  take 

e  of  general  acts  of  parliament :  but  for 

le  acta,  they  were   put  under  the  great 

and  the  parties  interested  had  the  same 

oduce  :  but  that  these  in  this  case  should 

Licstioned  to  be  acts  is  strange. 

It  to  prove  them  acts  :  As  to  the  act,   1 

We  have  pleaded  it  under  the  great  seal 
ing  £.  3.  jnat  made  it  witli  a  *  profisrt  hie 
r*,  and  shewn  it  with  our  plea  as  we  ought, 
hi»  is  evidence  sufficient  of  itself.  If  the 
t,  produced  under  the  great  seal  put  to  it 
made,  be  not  sufficient  evidence  to  satisfy, 
ton  be? 

.)  But  in  this  case  it  is  enrolled  upon  re- 
,  *  Inter  placita  corono!  penes  commerarios 
icaccario ;'  it  is  enrolled  there,  Trin.  1.  £. 
61, 63. 

It  perhaps  it  may  be  objected  also,  That 
Mras  no  act  of  parliament,  but  only  a  grant 
lent  in  parliament ;  liecause  it  is  that  the 
'deasBwnsu  Pnelator'  Comitu  Baron' ac 
as  Communitat'  regni  in  pnesenti  I'arlia- 
ato.' 

mswer,  that  acts  of  parliament  observe  not 
sertain  form.  In  tlic  case  of  the  earldom 
Kibrd  expressly,  Jones  103.  that  there  was  i 


if  are  yet  good  acts.     Jiut  that  tliey  were 
aitly  in  fonn  of  patents  or  grants  in  par- 
ent, Alagna  Charta,  C.  1.  is  in  form  of  a 
ter  or  grant.    'Hie  fonn  of  the  act  of  par- 
ent, li  £.  3.  iVince's  Case,  R.  U.  fol.  8. 
ite^nf  tlie  prince  of  Wules,  begins  £d-  . 
iuspei  Gratia,  dkc.  in  form  of  patent,  and  , 
Dc  coinumni  asm>nsu  et  consilio  Pnclator'  ■ 
mitu.  Baron'  et  alionnn  doconcilio  nostro 
piwscoti     Parliairicnto,'  and  ailjudged  a  . 
I  act  of*  parliament ;  and  tlu?  authorities  anil 
^nt  to  prove;  it  an  act  uf  i>arlianient  are  lid.  i 
MftflO,  Bofull,  that  it  might  be  thought  that 
•faction  would   never  have  lieen  made  : 
wtthia  if  in  the  same  form  that  all  tho 


1331]  STATEHtlALSiSlCiiAELBsn.  !6e2^-PivCMtf;n^l 


irrent  sral  c 


may  pnriiameiilarf  bills,  berore  lliBt  the  bill, 
wlictlier  il  be  bruusht  in  tirvt  bv  the  Lords,  ur 
by  the  ComiuonE,  hnth  paswil  Untb  Houkci,  as 
il  is  knuwn  to  ill  that  axe  vtrsed  inthenf&in 
tiDil  iwords  of  pariiwnenl.  Anil  in  tlie  prince's 
ease  hefurcciteil,  there  lh<;  act  is  Mid  to  be  *  de 
'  Attensu  et  Cnnsil'  of  Uie  {.lOrds,  but  doth  not 
□■nie  ihi?  Cominons;  and  this  anKnerc  the 
nllifr  ressrni  b1»o,  tIz.  That  it  should  only  be  a 
pniyeranil  petitionalao,  to  have  a  cimiter  of 
cunTinnatlon  granted ;  for  siacti  iJie  lui-ius  arc 
in  manner  uf  petitioan,  siuce  the  rojal  osMQt 
or  words,  *  Le  Boy  le  leult,'  is  never  |>u(  to 
any  bilU  in  parliament,  but  stich  a«  are  tlierebv 
uiU'lt:  and  parsed  into  laws,  tbcifiving  the  royal 
•stint  ia  sudicifsiit  iii  Ihii  race  to  proie  il  a  law. 
But  tor  further  etidenue,  we  hiive  it  under  the 
Wivat  seal  of  kio^  U.  i.  llius  penued :  '  Ad  iu- 
'  atiuitiani  et  r«|uiHiuoDera  Cominuiili'  R^ni 
*  nosiri«lii^'  in  (irnseitti  Parliaiuento  noatro, 
'  promajon  Quietest  Pace  inter LegeosDoatroi 
■  tbcendu,  et  iiro  bono  publieo  de  aiaenau 
'  PnelatuTum,  [hmiinar'  Proivruin,  et  Magnat' 
'  nobis  in  eoilem  ParliameDtoassistentium.Jfac.' 
So  that  hCTCby  It  Is  fully  proved,  and  shewn,  that 
■bough  the  asieiit  of  theLordit  be  not  meDtioned 

fy,  yet  that  it  was  had,  and  under  the 
ofn.  2.  It  10  appears.  Vic  have 
atso,  in  our  kiuks  of  the  acts  of  that  time  in 
the  dty,  the  proatamation  made  npon  the  first 

E'omuiging  this  act,  lathe  time  of  sir  Nicholas 
rcmber,  Jovd  loavor.  Lib.  H.  f.  169.  a.  and  b. 
and  ther^  It  Is  also  entered  iu  the  same  words 
as  before,  under  the  great  seal  of  R.  !.  ■  de  as- 
'  seiwu  Fiielator','  &c.  Next  our  books  and 
ce n tin ual  practice  ever  Mince.  It  is  true,  that 
la  llic  T  Hen.  6.  fol.  1.  when  it  is  said,  that  the 
customs  of  London  wero  cuofirmed  by  statute 
Qiiaire,  what  slalnle  !  but  it  is  not  there  made 
a  QuKre,  whether  this  were  a  stntute  ?  lustit. 
4.  350.  Re]).  5.  63.  Rep,  8.  168.  all  say,  that 
the  customs  of  London  are  confinned  by  nar- 
llaratiit,  7  R.  2.  Ju!rtice  Jones  S83.  halli  it 
verl-alimout  of  the  parliament  roll.  The  con- 
stant coursp  of  |di'a<lingthe  customs  of  London, 
is  to  plead  a  cociinnaiion  of  iheni  by  this  act  of 
parliament :  so  that  as  to  this  point  there  is  not 
any  one  bonk  or  (^linion  before  this  day,  in  fa- 
vour of  what  isalHrmed,  that  these  ale  not  acts 
of  parliament ;  aod  uur  pU-a  stands  ^ood  in 
laiv,  and  the  ordiuiuice,  and  by  law,  and  custom 
is  [food,  and  then  no  fiirfeilure  theniby. 

&ut  BTippo^e,  and  admit,  that  this  by-law  be 

llieaclot  llie   corporation,  and   not  goodaiu]  ..  _  _.    .     ,       . 

sufficient  in  law,  u or  in  law  ,iii!Rifiable,  Quiif  !  able  by  iniUclment  nriutbiraatiiJB,a 
aquitur  V  Then  it  is  void  iu  lav-.  Theii  if  it  as  the  statute  19  11.  7.  c.  7.  wUe 
be  void  in  law,  how  can  il  ni:d>-p  a  forleilure  ?  h?reafler  mentiini,  hath  appointed  Itr 
t>up]io9e  a  leasee  for  years,  or  fur  llfp,  makes 'of  40t.  the  taking'  or  usurping  Ibe 


incompatible,  was  iustilulMt  and  isda 
did  nut  read  the  article*,  his  6m 
was  not  forfeit  or  void  hereby,  htfu 
statute  the  not  muling  his  artidei  I 
his  institiilioii  and  inductiM)  void.  Sty 
8a  that  tlien  whether  this  by-law  or  i 
were  };ood  and  void  in  law,  periupt  ii 
malerial  ;  it  cannot  make  any  foifeit 
corporallua.il  can  haie  no  sutheflc 
it  be  a  good  and  laxful  by-law,  no 
can  he  for  doing  a  ((WkI  anil  lawful  ic 
ordinance  be  not  wamuilable  by  law, 
void  in  law  ;  if  void  in  law,  a  >«• 
make  no  forlciture. 

But  you  reoeiTed,  say  ibey,  Ui 
iriim  the  king's  subjects  (ums  of  i 
tills  oriliuance. 

I  answer,  suppose  we  did,  and  A 
no  right  to  have  this  money  ;  if  u 
colour  of  bis  office,  recave  nm*  tl 
due,  it  is  cxlorliiin,  and  a  crime  p 
But  if  a  person,  that  is  no  oSicer,  U 
that  is  not  due,  or  more  than  is  bt 
parties  injured  have  their  nrmedies  I 
buttbis  IS  no  crime  for  which  aaj 

peoally  is  Incurred  by  the  nerti 

■      "  ■"  the   money.     Sjup] 

ortake  giVKter  fia 
of  money  IVom  bis  copyholders  a 
than  he  ouq'ht,  they  liare  their  m 
actions  against  those  that  receive  j  ■ 
poration  receive  or  take  uioney  supf 
due,  but  ia  truth  is  not,  how  con  tin 

But  you  took  upon  you,  say  lb«; 
and  authority  to  tax  the  king's  p«> 
take  and  receive  the  money  so  taxed. 

1  answer,  This  is  bullhesaniet 
put  into  greater  words.  It  is  Oil 
mnking'  an  unlawful  hj'-law,  aud  d 
pointing  money  to  be  paid  which  i 
or  more  than  should  be ;  and  as  In  tl 
of  it,  or  expi'cssuig  it  In  stately 
taking  upon  you,  or  usurping  si 
impose  upon,  and  tax  the  king's  pev) 
soever  duth  any  act  or  tfaln^,  he  ti 
him,  and  doth  also  execute  3\e  poiri 
thority  of  doin^  that  act  or  thior. 
rompreheniled  in  ihelliingdone.  ^^ 
a  by-law  or  ordiaance,  whereby  B 
dcred  lo  be  paid  t bun  oi^t;  ori 
■■  ■       ■ '  - '  |„n(  B  Juc, 

md   iftbil 


a  leoftment,   but  It  is   not  duly  t^ecnteil  for  fii 

want  of  livery  and   seisin,  by  which  il  is  void    the  doing  the  thing  u  hich  ci 
in  Inw,  can  tliis   make  a  forl'eiturc  of  the  es-  i      2.     £  lo  the  oilier   can 
late  of  the  lessee  Y     Suppose  a  corporation  ,  replication  for  forleiturc,  llie 
'  Tenaat    pur   autur  vie'    makes  a  Icaffinent    and  piibhsirmg  it  ;  in  tl 
wbiCh  is  void  for  wanl  of  liverv  duly  made,  will    le<t!j:cd,  Thai  the  parii: 
tbiatbrleillheirestate?  A  void  afisTiall  nutdes-  \  nuary  was  prorogued  I 


-decl 


3]    !iTAT£  TRIALS,  34  Cha«lm  II.  1682^— «nI  the  CUy  ofljnuhH.    [ISM 


BcQ  ■■ninhli.ili '  maUtioBe,  ^risate  et  se- 
me,* took  upon  them  '  ad  judicand'  et 
DfKBd' '  the  kin^  and  the  prorogation  of  the 
lianent  by  the  kaiff  so  made  ;  aud  that  the 
fot  and  commonahy,  and  citizens  of  Lon  • 
I,  so  ui  the  said  common  council  assembled, 
giro  their  votes  and  order  that  a  peiitioti,  iu 
Bune  of  the  mayor,  aldennen,  and  com- 
■I  of  the  city  of  London,  in  common  coun- 
■■cmbkd,  should  be  exhibited  to  the  king : 
irhich  petition  it  was  contained,  tliat  by  that 
Mationthe  prosecution  of  the  public  jus- 
t  or  the  kingdom,  and  the  making  neces- 
f  iNovisions  ibr  the  preservation  of  tlie  king, 
.  hisproCestant  subjects,  had  received  inter- 
lion;   and  tliat  the  mayor,  commonalty, 

citizens  of  London,  in  common  ooanal, 
foresaid,  asscrobleti,  maliciously  and  sedi- 
hIv,  to  the  intent  the  same  should  be  dis- 
MQ  among  tlie  hunt's  subjects,  nod  to  cause 
ipnion  tMt  the  kuig  obstructed  the  public 
we,  and  to  stir  up  hatred  and  dishke  ai^nst 
king's  person  and  government,  did  order 
said  petition  to  be  printed ;  and  alkrwards 
r  did  print  it,  and  caused  it  to  be  published. 
Iw  defendants  in  their  njoinder  to  this 
ich  set  forth  and  alledge,  That  there  vras  a 
:  against  the  lii'c  of  llic  king,  the  govem- 
tt,  and  the  protestant  religion  ;  and  set 
k  all  the  proceedings  npon  it,  the  attainders 
impeachments  of  the  lords  in  tlie  Tower  in 
liuoent  depending,  the  pmclamation  declar- 
ihe  dangers  bv  this  plot,  that  they  could 
otherwise  in  huuian  re-ason  be  prevented, 
ky  the  blessing  of  God  upon  th«*  consulta- 
B  and  endeavours  of  that  givat  council  the 
Buneiit,  and  coumianding  a  general  fast  to 
lepi  in  London  the  U2d  of  December,  and 
tit  was  kept  accordingly  ;  the  proceedings 
he  parliament  towards  Uie  trial  of  the  lords, 
preparing  l»i]ls  to  be  enacted  into  Ian  s,  for 
MTvatKHi  of  the  king  and  his  subjects 
Inst  these  plots  and  conspiracies ;  that 
n  of  tlie  citizens,  loyal  subjects,  being 
sb  affirighted,  and  troubled  iu  tiipir  minds, 
1  the  apprehension  of  these  dangen«,  did 
Ut  their  petition  to  sir  Patience  M'anl,  then 

nayor,  and    the  aklmiion,  and  the  com- 

jiin  common  council  then  asseuiblefl,  con- 

w^f  their  team  and  apprehensions  and  ez- 

iMMMifl  from  the  kuig  and  that  parliament ; 

petition,  that  the  common  ciiuncil  would 

lioB  ibr  tlie  sitting  of  that  parliament,  at  that ' 

•  prorogued.    And   tliereuiion  the  mayor 

aldermen,  (naming  them)  and  conuiM»us  ui 

ttnoB  couiicil  aaseuibled  from  their  huarts 

y  lo^^al  to  the  king,  and  for  the  satisfaction 

aedtuEens,  who  had  exhibited  tliai|>ctitiou, 

sC  intent  to  preserve  the  neiiiun  of   tlie 

li  MmI    his    government,  did    gi^e  their 

■%  and  order  n  petition    should  be  exhi- 

A  W  the  king  iu  the  name  of  the  i^ayor, 

1%  Vid  ciMuraons  iu  cuxnmou  cuuucilas- 

■hI  act  lotth  the  petition  in  tlie  name  of 

■raen,  and  commons  in  common 

in.  A€C  verba :    Wherein 

l>  That  they 


were  extremely  surprised  at  tlie  late  proroga- 
tion whereby  the  prosecution  of  the  public  jus- 
tice of  the  kingdom,  and  the  making  |>rovisions 
necessary  for  preserving  the  king's  person,  and 
his  Protestant  subjects,  received  interruption. 
And  did  farther  agree  and  order  that  that  pe- 
tition, aAer  it  hul  been  presented,  shouM  be 
]>rinted,  which  w  as  so  ordmd  with  intent,  that 
tiedse  reports  concerning  the  petition  might  be 
prevented ;  the  enemies  of  the  king  and  the 
conspirators,  Irom  proceeding  in  the  con- 
spiracy, deterred,  the  troubles  in  the  muHls  of 
the  citizens  alleviated,  and  the  citizens  know 
what  liad  been  done  U|ion  their  petition ;  that 
tbe  petition  was  delivered  to  the  king,  and  after- 
wards printed ;  that  this  is  the  same  petition 
and  printing  iu  the  replication  mentioned  abtq; 
hoc,  that  any  petition  of  or  concerning  the  pro- 
rogation ot  the  parliament  was  made,  ordered, 
published,  or  pnnted  in  any  otlier  manner  than 
they  have  alledged,  ay  the  Attorney  General 
supposclh.  To  this  part  of  the  rejoinder 
Mr.  Attorney  hath  demurred  generally  by 
the  demurrer,  tlie  fact  alledged  in  the  re*- 
pUcatiou  is  admitted  to  be  true,  and  it  is  true 
that  there  are  no  words,  that  are  written  or 
spoken,  but  are  sutject  to  various  con- 
structions: But  I  take  it,  that  no  words, 
whether  written  or  spoken,  ought  to  be  taken 
in  an  ill  sense,  if  they  may  reasonably  be 
taken  in  a  better ;  *  fi&no  preesumitur  esse 
*  mains ;'  and  therefore  the  words  must  stand 
as  thev  are  penned :  And  having  first  ex- 
pressed their  fears,  and  next  their  hopes,  from 
the  king  and  pariiament's  proceedings  in  trial 
(if  th<)se  that  were  impeached,  and  maldng 
laws  ibr  their  security,  and  how  they  were  sor- 
prised  at  the  prorogation  ;  tlien  they  say,  That 
oy  tliat  prorogation,  the  prosecution  of  the  pub- 
lic justice  of  this  kingdom,  and  the  making  net 
cessary  provisions  fur  tlie  preservation  of  th^ 
king  and  his  Protestant  subjects,  had  received 
interruption.  It  is  mentioned  only  as  a  conse- 
quence of  the  prorogation,  it  is  not  said  or  ex- 
pressed, that  the  king  did  interrupt  -,  for  f 
think  there  is  great  dinervnce  betwixt  the  one 
sort  of  expression  and  the  uther.  An  iU  conse* 
quence  may  attend  a  good,  and  ooinmendable, 
and  most  necessary  act ;  but  no  consequences 
can  make  an  ill  act  good ;  ami  tlicreibro  the 
exprtfssing  thti  consequence  dtftli  i^ot  iieceS' 
sarily  condemn  or  derlarc  the  ai ;t  to  be  an  ill 
act.    Suppose,  that  in  tlie  time  of  the  great 

Klaipie  a  man  had  hail  a  snii  in  Westminster- 
all,  wherein  all  his  estate  had  boA concerned, 
anil  had  kaiiI  or  writ,  that  by  the  ailjoumment 
of  the  terms  by  the  king,  the  prooiedings  of 
the  courts  of  juMti«.-e  in  his  suit  had  receiv«l  an 
interruption,  hud  these  wi»rds  been  punishable  f 
The  ailjoiminient  ^vos  then  the  most  necessary 
and  uHiiinenduhlcact  that  cmld  be  fur  the  pr«- 
servatiun  cif  the  king's  subjects  in  th4it  raging 
pestilence ;  ami  Uie  uA:t  itself  being  s«j  ipuod  and 
necessary ,  tliough  there  were  such  eonsripience 
as  to  thai  particular  suit,  tlie  writing  or  saying, 
that  it  InmI  such  a  consequence,  such  an  in- 
teiruption,   did   not,   I  cania^^««   ci9r»4i 


1935]  STATE  TRIALS,  34CkarlssII.  l6i2^Protet4ingMhlwti*> 


iflnHj 


juil)(«,  d«dare  or  express  the  Kt  to  be  iJI. 
Hu|ipose  a  moil  Imil  hul  s  hill  dvpenOing  iu 
Ibul  |»rliaiu«il,  to  be  tmuAr^  tor  tlie  enn- 
Uin|(  lijiti  to  srll  liis  l&ud  to  pky  hia  deliU,  ti> 
tree  him  t'mni  b  gaol  j  Or,  Buppose  that 
Mifin  oiic  of  the  lunh  impvadted  m  that  \<ar- 
ItMiM-'iit  liad  iiiuUc  a  nebtjim  for  the  tilting 
of  the  porliaiuAut,  auij  had  iherdn  cxjiresseit 
as  a  rtsiiHin  and  gTiiund  of  his  petition,  the 
liki-  \n>nlt  as  in  this  |>etilinn  :  What  ivaukl 
tl)t:ciHinhaT(.-judgedol'ttf  Are  not  the  cates 
much  (111*  luine  i*  II'  ibay  are,  tliert!  will  be  nu 
^tini'lion  of  persona  in  jiul^inent ;  I  am  sure 
th«rvaia(ht  not.  Perhaps  w lien  litis  petiliim 
wa«  math',  there  might  be  Uhi  much  beat  in  the 
nindg  of  men;  and  il  is  true  that  lieat  in- 
crenseth  heat,  aud  lire  kindles  fire  ;  it  ia  time 
llnr  all  aorta  to  ^row  cool  and  temperate,  and  to 
wei^  and  consider ;  ue  an,  or  should  be,  con- 
■idcriutr  iii«o.  Thia  pditiun  was  made  n/niirv 
foniraii'CeHle,  atvi  undoubtedlT  amoni^  nuch  a 
DHiuber  aa  (he  common  ouuned,  lhiM«  man  be 
laca  ol  tanety  vf  lemiiera  and  dispositioM : 
Itiit  for  the  grcAtst  number  of  llie  aldennea, 
•ndcumniuncamtcilitliiiikoftfacm;  we  know 
the  mun,  many  of  them;  cauweiimgmo,  that 
they  bad  either  tholewt  ill  tfaouirht  or  meaning 
iDvanla  the  kine,  bis  per«i*i  Drgovemment,  iu 
Ihia  jirlition,  or  the  printing  il  ?  And  »  for  the 
lirinting  it,  that,  my  lotd,  stands  upon  the  same 
r««Bon!i  and  prmuula:  Fur  if  there  be  notliiog: 
ill  or  unlawhil  in  it  contained,  then  the  print- 
m^  and  publialiing  of  that  vhi<4i  contains  do- 
thiair  ill  or  unlawful,  is  not.  as  I  coneeirc,  ill 
nr  ualnwf'ul.  Printing  is  but  a  more  ex^w- 
ditious  way  of  writing,  and  is  (food  or  bad  as 
Ibe  roatlcr  printed  is  Hfood  or  bad.  Hie  de- 
fenilants  in  meir  rejninder  haTesetfortli  their 
whole  case,  the  reasons  and  grounds  of  ivhal 
the  («nimon  conned  did,  and  ihe  manner  and 
intent  uf  their  doing  it ;  all  which  fact  cannot 
be  denied  to  be  true,  bat  ia  now  conteesed  by 
the  demurrer.  It  hath  not,  nnr  can  be  said, 
bot  it  is  well  pleailcd,  and  might  hare  been  tra- 
versed ad  denied  if  not  true:  Butjtiscon- 
fessed  by  Ihe  demmrer  to  be  true,  and  thervlbre 
that  must  be  taken  to  be  the  tact,  and  not  as 
alleil^  in  the  replication,  and  then  so  taken,  1 
■nbmil  it  to  your  jui^ment. 

3.  But  the  next  thing  con<dder^le  is,  Whe- 
ther supposing  anil  adniitliog  that  if  done  by 
the  body  puliuc,  it  hath  been  a  miscarriage  or 
•  crime?  Whether  not  being  done  by  the 
body  politic,  nor  under  the  common  seal,  but 
hy  coiwnan  cnunni,  whetheribereby  die  being 
<rt'  the  corporation  shall  lie  liirfcit. 

A  common  council  in  corporations  ia  gene- 
cally  a  wlect  number  of  the  body  covporale, 
oonRlItuted  to  ailvtse  and  wiist  the  corporation 
in  their  onliiiarr  affairs  and  business.  There 
is  DO  certain  rule  nor  measure  of  their  power 
wbcrein  all  Ih*  common  coimcili  agree.  Id 
MIDe  corgHiratimiB  the  cominoD  council  hare 

rleraiithoniy,  in  tome  less,  according'  to 
setci-al  au'llioriiies  by  iliejr  nsipeciive 
charters,  where  (fan  corparatious  are  by  Char- 
Mn  [  tr  by  floMRBi  ar  uMge,  when  tlie  offr- 


po  rations  arc  by  preseription :  Butio 
•re  a  stibwrvienl  number  ol'  men,  n 
and  authoritcil  for  particular  mdiuid 
And  in  this  case  I  ihmk  ibe  coutt 
nutice  of  the  c«mmon  nnmdl  •* 
than  upon  the  record  thcr  appear  to 
replication  doth  tiM  itay'wliBi  they 
noutd  go  in  the  dark,*  by  intMitiuD 
he  best  way  a' 

iiic  oiiixen.s  and  freemen  am  a  j;mi\ 
£U,UO0.  and  mure.  That  there  baib 
out  of  iiiiud  a  common  council,  ra 
ihe  mayor  and  aldcruien  liir  tbE  tii 
and  uf  certiiu  frivnirn,  not  rxcen 
annually  elected  to  nerve  ac  ciiniraa 
mm,  awd  are  culled  the  commmi  am 
dtyi  that  time  outufnund  (herob) 
cuKlam,  tbat  tW-  mayor,  okhnuiBa, 
citizens,  so  eiecled  to  be  of  tlie  coon 
cil,  accordiDgtotnulum,  baTehmii 
ed  (0  make  by-laws  and  anhoaiMi 
bettern^ulslionnf  till'  piildic  auaktl 
pointing  titnes  and  |4a(^,  and  MM 
reducing  ifitaceminty  reaaouaMeS 
and  amuB  of  motwy,  [layable  for 
standings  in  ibe  mi^l:i:t:  for  any 
jiears  tipou  the  recurd.  this  is  all  I 
power  la  do :  nan  nmif al  to  the  e 
thi'y  have  any  mher  power  oc  ttllt 
lands,  estates,  *>r  any  tlintg  ebe.  Ht 
which  in  the  rejoinder  ii  atledgad,  of 
and  power,  be  true,  and  «o  adn« 
what  they  did  in  makiitg  the  ordic' 
done  by  good  and  Ian  I'ul  power  and 
and  then  can  be  no  olfonce :  But  if  to 
□rdiniuice  be  an  offeiuv,  and  an  udIi 
yaii  deny  the  custom  to  be  good,  as 
custom  IS  void,  and  agmnsl  law,  am 
reason  the  ordinance  illegal.  "Die 
tial,  that  they  had  any  power  at  til 
thing,  and  then  it  common  couucil 
without  (tower  to  ilo  any  act ;  and  i 
cau  a  parcel  or  part  of  a  roriHiraiio 
thorised  to  do  auy  act,  do  an  art 
forfeit  ?  Suppose  a  particular  pompai 
mercers,  had  done  tins,  couhl  Ibii 
teiture?  But  if  losToid  this  yoawiB 
the  court  shall  take  notice  of  lb( 
councilof  London,  to  bate  the  man* 
the  business  of  Ihe  corporation  bd 
them ;  this  1  think  tbe  court  caonM 
cannot  see  how 
judicially  take  i 
((nestion  had  been  eonceniirvg  airadM 
lion,  could  the  court  tbeu,  as  a  o 
cially  hare  tokeo  notice  of  the  powa 
rily  of  their  cmnmon  council .'  Mr.  < 
his  argument  held,  that  there  waaM 
betwixt  London  and  another  rorpM 
cept  tbat  London  was  tin  biggd. 
the  case  of  any  otiier  corponliMp 
court  judicially  hate  taLcQ  nutice  WB 
or  inM-n~t,  withoiil  liiiiu^  it  iff 
fortlii'  Is  it  |><>«sjbl'.  ili'  <-<>un  na.  I 
liifht  one  from  the  •' 
cimtwi  ot''< 


S7]     STATE  TRIALS.  34  CKARLBa  II.  idB^.-^nd  tht  Ciiif  of  London.     [1 

^^  m ^  u^ n_.  -»^  i-_  A> .1  A '      ■»5__j 1     I 1 aI ^i.-.__:j aI u. 


23(1 


nt  are  lianlly  to  be  tuund  two  in  Enfdand 
fl  do  agree  in' their  powcre  ?    I  f  it  had  been 

aoolher  corporatioD,  of  neces-sity  the  Con- 
xion of  thecommou  council  must  liave  been 

fcith.  If  you  are  upon  a  by  -  law,  made  by 
IF  other  than  the  body  politic  ilHelf,  must  not 
t  power  and  authority  of  those  that  made  it 
■Mim,  and  let  forth  in  pleadiiii|f,  in  any  cose 
MVP  there  is  occasion  to  use  it  ^  How  other- 
w eould  the  court  jud^  or  detenuine  of  it? 

diat  taking  the  law  to  be  as  the  otiier  side 
thf  that  London  differs  not  from  any  other 
"poration ;  it  is  no  where  alledgcd  in  the 
■diMf,  that  they  have  power  to  make  by- 
n,  ror  the  ordenns^  and  govcniinflr  the  city, 
that  Ifaey  can  bintf  all  the  conioration  in  sale 
dfaposition  of  their  lands,  or  have  the  power 

the  common  seal:  Therefore  when  the 
^I'k  counsel  argue  from  these  powers,  thdr 
■W  of  forfeiting,  they  argue  quite  out  of  the 
Mil ;  they  have  no  where  alledged  or  plead- 
^itethey  are,  or  what  iwwer  &e\  have,  as 
7  should  have  done,  if  they  had  m  intended. 
wn  to  this  particular,  here  is  iiotiiing  before 
fe  court,  Duthing  upon  rcconl,  U>  shew  how 

which  way  the  body  politic  should  be  con  - 
in  tlwsc  arts  of  about  250  of  their 
called  the  common  council.  Where- 
anj'  by-laws  or  ordinances  are  pleaded, 
B  Mwer  to  make  these  by-laws  or  ordinances 
flnded,  aud  so  are  all  particular  and  deriv- 

•mhonties,  whenever  occasion  to  plead 
■■v  and  necessary  they  should  be  so :  For 
b  fact,  that  tlie  other  side  may  and  ought  to 
til  liberty  to  deny  it,  if  he  see  cause ;  and 
■iftic  il  they  will  have  it,  that  tlie  common 
Wtak  liave  abused  some  power  or  authority 
9  hare,  thereby  to  forfeit  tlie  corporation, 

a  ought  to  have  shewn  it ;  to  say  that  notice 
betaken  or  it  shall  be  intended  or  presumed, 
in  touth  a  iiresuuiptioD  upon  the  court,  as  if  the 
Vt  should  take  notice  of,  intend,  or  presume, 
Mtthe  king's  counsel  would  have,  which  the 
■rt  cannot,  nor  will  do,  more  in  tliiH  than  in 
hff  cases.  But  supposing  the  court  will 
kt  more  notice  of  London  than  any  other 
qMHTBtion,  and  will  take  notice  of  the  common 
■adi  there,  and  of  their  |M>wer  and  autho- 
y ;  and  1  will  suppose,  as  the  other  side  do, 
H  they  have  the  power  of  makinflr  by-laws, 
fasiiig,  granting,  and  managing  the  city 
■ii  anii  revenues,  and  of  seating  with  tlie 
■BOB  seal,  and  that  this  tliey  have  by 
worn  ;  then  surely,  say  tlie  other  side,  they 
■a  the  power  of  surrehiterinif  anil  torieiiing 
•  cofporation.  If  1  should  aiviwer,  surely 
d  wttbout  doobc  they  have  uot,  tlii»  woufil 
llnniethey  have  not;  but  the  ar«;iimc;nt 
MM  eoae  of  the  other  side,  to  prove  they 
they  have  not,  nor  can  ppxiur-*;  aii> 
-  opinioa  lo  prove  it;  and  the  \ery 
^y  could,  b  ho  new,  that  1  be- 
be  tound  like  it.  Uiit  let  us  ixin- 
•f  ihia  thing  a  little  |>artK-u- 
W^^^^^  dihcouTbes  are  uHibt 
■^  ||crlia|is  a  particular  in- 

tbat  Ihey 


liave  the  power  the  other  side  say  they  have ; 
yet.lliey  are  not  the  cor|M)ration,  but  a  pait 
<*onstituted  for  these  imrticular  euds  and  pur- 
poses, tor  which  they  are  imiiowered.  Corpo- 
rations had  tlieir  creations  oy  charter  ;  that 
gives  them  tlieir  being,  and  tlie  ibrni,  method, 
and  power  of  action.  HupiHfse,  that  the  iirst 
charter  of  incor|M>ration  that  was  granted  to 
London  difl  giwit,  that  the  citizens  nliouM  l»e 
incorporate,  and  a  body  politic,  by  the  uauie  of 
mayor,  and  couiinoiuMty,  and  citisAeos :  that 
there  should  be  a  mayor,  so  many  aldcmieiit 
and  so  many  (if  the  citizens  annually  elet-ttMi, 
that  sliouUI  be  a  common  council;  and  that 
they  should  have  power  to  make  by-laws,  to 
demise  or  grant  tlieir  landSj  under  the  com* 
mon  seal,  in  the  name  of  tire  corporation.  If 
they  do  any  act  not  within  their  commission,  it 
not  that  void  ?  8up|Kise  a  grant  made  to  the 
common  council,  would  not  tliat  be  voidT 
Suppose  a  grant  made  by  the  common  council^ 
ill  the  name  of  common  council  under  seal,  or 
in  the  name  of  the  corporation,  but  not  under 
common  seal,  is  not  all  this  void  ?  This  I  only 
instance,  lo  shew  that  tlieir  charter  and  au- 
thority is  their  power  and  warrant  they  are  to 
act  by :  Did  ever  any  man  hear  of,  or  see  a 
charter  giving  the  common  council  power  to 
surrender  the  coruoration  ?  Or  was  it  ever 
thought  of  before  tliese  ilay  n  ?  If  then  no  such 
power  by  the  charier  be  given,  if  they  cannot 
do  it  without  power  given  them,  sliew  me  their 
power,  or  else  1  thiiik  I  may  conclude,  sure 
tliey  cannot  surremler  the  corporation  without 
power.  Hut  the  coiiimoii  council  in  London, 
that  is  by  custom,  aiul  their  jiower  is  by  cus- 
tom. 1  hen  if  the  qiiestioii  be,  what  is  their 
power  1^  It  is  aiis\i  k'n^,  what  they  have  used 
and  accustimied  to  dn,  that  they  may  do  ;  what 
they  have  not  ustil  or  a<^ustoiueil  to  do,  that 
they  cannot  do ;  I'ur  if  custcuu  simI  usage  be 
thu'authority,  that  authority  can  go  no  farther 
than  their  custuiii  aud  usage  g<N;s.  Then  put 
the  questitni,  have  the  coiiiiuuu  council  used 
to  surrender  or  fork-it  the  charter?  Nobody 
can  say  it.  \\  lint  reason  th«u  is  there  for  any 
man \»  sa}  they  lau  do  it  ;*  It  is  probable,  tliat 
thec«>niifioii  council  in  Loudon  had  iirst  their 

!  institiitiou    fiuiu  Miiue  by-law  or  onliuance, 

!  thoii«;hnow  not  to  he  pi-oducLd,  but  consumed 
h>  tihie.  Uiit  lie  it  tliui,  or  any  other  iiuA- 
giued  coiuineiict'iiieiil,  can  ii  lie  imagined,  that 
tltfM<ethatga\ellieiii  their  original  authority, 
ga\e  ilitiu  poiM  r  to  ».iirrcinUr  the  c«ir|»ora- 
tiun  or  forfeit  il  ?  Su,.po»e  liiat  ilie  [W¥kVi  gii»  n 
th«iii  did  uulliorise  tliiiu  imiI  "nl>  to  iiiiLe  by- 
lausaiul   oniiiianien  lor  iln*  goinl  onli r   and 

'  iio%einuieiit  of  the  cuiiHiraiion,  to  gniiil  or 
demise  their  IsiiiIk  hihI  n'\eiiti(-s,  b'^t  hud  hoiiu! 

'  'rtMiiral  ivonis  in  it  to  act  ami  manage  the  nint< 
Ters  of  the  eoi  |h<i  atHni :  U  it  uot  ai{:iiii'«t  idl 
sih-r  tu  sn|i|iosi-,  liutthut  \%hich  is«lepiiiei|  aud 
c«msitiiiltil  lui  till  well  or^k riii!^  and  iiiai;.i?int; 
of  the tor|H»ratioii,  shoul-i  huie  p<»wirlo  »ur- 
render  it  i  Tlieu  as  the  tt»iimil  iif  il»e  other 
ifide  annas  tlial  because  tli.  \  ii*a\  bumruder, 

tbey  way  fiuiisii.    By  ihft>i»iufc5»»«^*^^««v^ 


•1«91  STATE  TRIAUrSfSSSBiiMil 


I  council  are 
not  ioae  neilbtT  in  the  naiue,  Dur  u  Ibe  acts  ol' 
the  corjmrarion,  ncir  under  any  seel ;  but  do 
iinpon  In  themwltex  only  lo  be  »he  acts  of  the 
■MMnmnn  <^uiicil ;  The  nrdrnnnce,  thai  in  made 
by  Ibe  moyor,  alJemicn,  and  commons,  in 
MOtmon  cntmcil  assemhlcd.  Tlit  petition  is 
thB  p«iitioD  of  Que  loni  mayor,  aldermen,  and 

or  irranls  are  in  the  named  of  the  <-orporation, 
awJ  under  tbp  common  Mai ;  and  ihp  comman 
enunril  nnly  ministerial  to  the  cnrporation  in 
.  •rdcrinf ,  inaDafrju^,  and  disposing'  nil  for  the 
b«ntifil  and  advanta^  of  the  oorporation,  to 
AToidtbeinconTeniraey  of  aasfinblin)-  the  nn- 
mcrous  Irody.  Bui  tbal  nnV  thinif,  llial  hath 
but  a  ministerial  power,  fnr"thp  serrirc  and  be- 
tii^itnf  ihfir  nrincipal,  tdiould  haic  pnu-erin 
disp<n«>  of,  *e]l,  convey.  ornTrmider,  and  ile- 
■troy  their  principal,  is  no  consequence  in  law 
orrenson.  No  deputy,  assistant,  m- baihlf,  hath 
KRch  powfTi  il'heexceedhi« authority, hi^ net 
i»»M(t.  lait  not  Ro  with  all  uiithotilieantiil  de- 
rived pnu'Fts  ?  U'hai  they  do  beyond  their  an- 
thotilj- cannot  bind  iboselVoai  whom  they  drrire 
it.  Ileonnnt  l)e  Ibesctorthecorporalion  ;  (hra 
eorponilion  caimot  make  a  petition,  an  more 
than  Ijiey  can  makr  a  deed,  or  !nil»a*ih«  • 
wrilinif,  '■"cept  under  the  tomiuon  eeal.  Cor- 
|M>raion«  cannot  moke  a  lease  at  will,  licenec  a 
mail  10  enter  upon  their  binds,  or  do  any  like 
act,  but  iin<lrr  iheir  common  seal  ;  nor  can 
they  commit  a  trespajis  or  di^srisin  but  by  com- 
mand  preenJent,  or  assent  subsequent,  under 
iheir  common  seal.  How  then  can  this  be 
their  act?  There  L*  nothincr  in  it  ihat  imporli. 
it  should  be  theirs,  nor  ever  intended  to  be  theirs ; 
it  i«  not  done  by  Ihem,  nor  in  their  names,  but 
Inr  Ibe  common  council,  and  in  tht^  name  uf 
the  common  council.  If  >Te  may  take  notice 
of  what  is  nut  nf  the  reconl,  we  knnw  thai 
thej'  have  in  London  a  greater  assemblv  than 
the  mmmon  council,  >iz.  the  common  ball, 
wherein  the  common  cwmeil  are  no  more  than 
othen.  Cau  the  petition  of  the  mayor,  or 
major  and  aldermen,  in  their  names,  l>e  taken 
to  fc  the  act  of  the  corporation  f  If  thai  cannot 
be,  whv  shoold  the  petiLan  of  the  eomnuin 
council  in  their  own  names  he  any  other  than 
their  own  |>etiiion.  ts  (hen  enliniuice  and  by- 
law are  thi^rn.  and  not  the  corpontimi's,  is  ti, 
7.  95.  96-  9  E.  4.  39. 

The  ca&e  of  i-orporations  takes  notice  of  their 
power,  as  corainun  rounrils,  to  exHiiile  the 
mmtnonsltv,  and  the  rc«t  of  the  corporation. 
The  act  alfuws  the  common  Cnuncd'B  orderinfr 
petitions.  Rut  where  is  il  lo  be  foiuid,  that  it 
waa  ever  said  or  tbnuG:hl  on  bcfiire.  that  tbey 
iwuld(i>ri('ii  or  dissolieihe  cofponlioii ?  Kep. 
4.  77.  13  <'-■.■.<■»(..  3. 

4.  But  sufipusing  all  ibnl  I  have  «aid  againct 
rat;  and  numwuini;  the  arta  of  the 
conacil  to  l>r  the  «cw   uf  iIh'  cnr^aitalion, 
■npiMMMiK  'bo*,-  Bcu.  to.  ibr  makini;  the  »•  .  . 


cunbls ;  then  the  fml  poml  wiO  kr.  i 
they  ur  rithcr  of  them  are  Ksch  t 
or  iiflVocm  in  Uw,  for  whiiTh  tiie  t 
is,  die  vorv  brine  "^  t'"  eorpcmii 
toifeil  ?  "rtiin I  nJl the kt*"!  p""' i 
il  tn  be  us  ^rral  in  coDimjuenai  a^  i 
Ihia  har,  an  if  Miwiib  Cbarta  veic  itfE 
in  mTaf]Kt4im«inn,  not  only  liiio^ 
the  curminittona  of  Knchii^  Mi  ' 
ment  {if  Eii|;laMi),  will  M  ilerply  « 
the  qiirsttnn.     For  let  ik  bM  oHMd 
vast  part  of  Knitluid  iacoiKirTiicdiii 
poratiiiiHi  of  Ent^land. 

(I.)  KiTV'^iantml,  or  mint,  a 
U»ltiipi,  dcwi  and  tihapicT'.  m 
iHliMTtitics,  cnlteles,  Iu«|hibM 

(2.)  Alltbrt  iiimandco(Hid0 
bonmc'hii  in  EnglaDil. 

(a.)  The  TMyfmut*  of«ir  fl 
for  «n''  of  the 


doni.tin    The 

aula  of  kniehta.  eitisen 

citimia  Hnd  bnri;***"* 

them  llcil  an>  frfw  of  the  mpcciii* 

corpnretiDDi ;  nod  tthvre  not  dx 

yot  iIh'   elecliwia  »te   irraerBll; 

power  anil  iitllnmcr,  and  ilic  n 

I'eihnp*  alto  n  necnge  »  ■  ■ 
ratimi.  fnhaiHtlMi  world  it«*lf,  at 
little  wwM,  will  DO  loDfTBt  be  abb  to ' 
health  dian  the  due  onts"  and  j^ 
ment  «f  the  BCFeral  parts  and  pawwa 
are  pretierreil,  and  eoniain  thcmBeKd 
iheir  own  bound*.  The  taking  ""/ "' 
teebline  any  principal  part  brinss  a  MIN 
and  deltirmity.  pain  and  disonler  a|KB,  nJA 
Icni^h  cniitbunditliewholc.  'Dii 
their  ends,  whereof  the  principal 
fUion  of  the  ;;(nerDmenl,  wbii'h  , 
lav's,  tbey  cannot  anbdst  one  uiifaostltf 
other;  therefore  whatsoercr  it  i*  thai 
thembienion,  or  leafinif  at  will  and 
that  which  is  »o  connilerable  in  unr  «<■'**' 
ment  as  rorporatinnii  are,  vut^bl  to  ae  ll* 
roughly  considered. 

"nie  better  to  examine  and  conwkr  ikf 
great  point :  in  the  first  place,  ihe  nMM 
given  oil  the  other  side  ntv. 

First,  Thai  if  oorporationa ' 
for  ibcir  miscarrii^ts,  tbey 
'      nrat  a^^nt  acts,  raise  aedi' 

there  will  be  no  adequate  pi 
their  nnsearriagts. 

nanoterlotbis  reasou,  I  »y.  tbsllliM* 
illrjiTil  act  that  tbey  cjin  attwiipl  or  cwi* 
but  thai  thty  are  utwler  the  same  srirtinri  ij 
eorrectimisof  law,  as  any  other  iW  ticw'" » 
jevis,  not  incorp<iraie,  are.  Thnoch  n  w  W* 
that  tlic  cor|»ntion  itsdf  is  nnly  a  hnilj^ 
inihle  body,  yet  the  tDemJim  ■  * 
they  arc  tisible.  If  tbey  as  nMndm  «f  <"  | 
corpoRitiaa  eoinmil  or  do  any  unlcfxl  ^  j 
thev  are  punishable  lor  it  in  their  obd  (<<*■'■ 
cuiacitirs  :  ilthey  make  an*  ntihDaiirT''t^ 

!V  uiiUiw^iIIt  niim  M/* 

'Mbw*.  dw  bj-Ut**' 


»itlalMni|Mlri 


]    STATE  TRIALS,  34  Charles  II.  1682.— mif  the  City  oflMd^.    [124t 


ee  is  Toid  :  if  they  receive  or  collect  any 
J  ky  it,  the  recAvers  and  collectors  are 
mwer  it,  they  are  to  be  sued  as  any 
^Mject  Suppose  a  lord  of  a  manor  or 
et  make  an  unlawful  order  tocoHector 
money  from  his  tenants  or  copyholders, 
reasonable  toDs  in  his  markets ;  this  order 
id  in  law,  anrl  those  that  collect  or  receive 
nraiey  by  it  are  answerable  for  it,  and 
srties  grieved  have  their  proper  actions 
eoieiies,  anil  perhaps  the  mawets,  or  at 
die  tolls  may  oe  seized,  or  forfeit  for  this 
irriage.  This  is  the  provision  that  by 
I  maSe  against  such  exactions,  and  this  is 
and  adequate,  ami  reasonable.    And  if 

E ration  made  such  ordinance,  by-law, 
,  and  tberdiy  there  is  the  same  receipt 
Ktion,  the  subject  hatli  the  same  remedy, 
there  is  the  same  forfeiture  of  toll  or 
el,  as  in  case  of  any  natural  person,  or 
if  a  manor;  and  the  provisions  by  law 
!  are  jost,  and  reasonable,  and  adequate,  in 
aseofthe  corporation,  as  of  the  other, 
like  for  any  offence  that  can  be  committcfl, 
at  be  done  bv  particular  members,  and 
Biost  answer  for  it.  And  this  is  no  new 
on ;  21  £.  4.  14,  is  express,  that  a  mayor, 
iommonally,  or  other  body  pohtic,  cannot 
ait  treason^  although  all  tne  commonalty 
immit  treason ;  every  of  them  is  a  traitor 
i  own  person.  I  might  cite  other  autho* 
to  this  purpose,  but  they  have  been  al- 
r  died  Ivy  Mr.  Recorder  u  his  argument; 
Ikoagh  the  counsel  for  the  king  would 
rAese  books  to  be  but  some  riight  opinions, 
hIsss  tliey  could  shew  some  authority, 
or  case  to  the  contrary,  their  despising  or 
vafaiing  what  they  can  find  no  answer  for. 
Ml  render  the  authority  and  constant  opi- 
of  onr  books  of  less  esteem  than  they 
t  to  be.  It  is  no  excuse,  if  they  do  an  un  - 
d  act,  that  they  are  members  of  a  corpo- 
I,  or  did  it  as  a  corporation.  Nobody  can 
bis  will  excuse  them  ;  so  that,  notwith  • 
mg  their  being  a  corporation,  they  are  as 
ctto  the  law,  be  the  offence  treason,  se- 
I,  or  any  other  crime  or  offence,  as  any 
Ike  king's  subjects  are  ;  every  particular 
bar,  that  acted  or  committed  that  offence, 
nrerable  to  the  law  for  it.  The  particular 
ben  that  commit  the  unlawfiil  act,  and 
Mt  act  under  their  authority,  are  subject  to 
ne  law  as  all  other  the  king's  subjects, 
therefore  this  reason,  that  elsie  there  will 
*  punishment  uiion  them  ailecnukte  to  the 
Be,  and  oonseiiuently  a  mischief  and  incon  • 
■oe,  b  but  a  snailow,  and  nothing  proper- 
Ue  to  the  mischiefii  and  inconveniencies 
din^the  position  of  a  forfeiture  of  the 
side.  But  consi<lcr  the  injubtice  that 
>i  be  of  the  other  side,  if  this  should  he 
^  know  assemblies  determine  their  acts 
e  major  vote,  and  great  stniggling  tliere 
^«  too  frequently  see  in  their  debates 
^■Qhitions,  and  canied  by  majority  of  one 
^o  voles,  sometimes  by  surprizes  and 
»  QuiagcitteDl^  Bometinies  b^  fear  and 


I  terror :  suppose  an  evil  act  so  carried  or  ma- 
naged, is  it  reason  that  all  the  whole  corpo-' 
ration  should  be  thereby  forfeit ;  and  thereby 
all  other  men,  to  Whom  they  owe  any  debts, 
must  lose  them,  and  tlie  many  interests  and 
livelihoods  depending  upon  the  corporation, 
the  customs,  courts,  offices,  and  privilec^  be- 
longing to  it,  endless  to  enumerate,  shall  aU  be 
un(U)ne  and  destroyed  ? 

Secondly,  The  next  reason  that  hath  been 
given  is,  that  it  is  a  general  rule  in  law,  that 
the  abusing  or  misusmg  of  a  franchise  is  a  for« 
feiture  of  me  franchise. 

I  answer,  this  is  true  in  the  sense  that  the 
books  do  say  it ;  for  if  a  man  misuse  or  abuse 
a*  particular  franchise,  he  shall  forfeit  that  par- 
ticular franchise  ;  but  he  shall  not  forfeit  anr* 
other,  except  it  be  depending  upon,  and  inci^ 
dent  to  it.  And  tlie  cases  cited  prove  nothing 
farther:  that  when  a  man  ham  divers  fran- 
chises not  depending  one  upon  another,  and 
misuseth  one  franchise,  he  shall  not  thereby 
forfeit  the  rest,  but  only  that  which  he  mis- 
useth. 29  Ass.  p.  34,  Rr.  Fran.  34.  And  there- 
fore tlie  cases  cited,  where  the  abbot  of  Crow- 
land,  and  the  abbot  of  St.  Albans,  had  fran- 
chises of  custodies  of  gnols ;  one  would  not  be 
at  the  cost  of  a  commission  of  gaol -deli  veiy, 
the  other  did  tletain  in  prison  af&r  legal  dis- 
charge, and  fees  paid,  8  U.  4,  18  Rep.  9,  96, 
b.  24  £.  4,  b.  Inst.  3,  43.  This  was  a  misuser 
of  those  franchises  and  forfeitures.  So  also 
perhaps  if  there  be  a  franchise  that  hath  inci- 
dents to  it ;  as  pypowders  to  a  fair,  pillory  ta 
a  leet :  an  abuser  of  the  incident,  as  the  Court 
of  Pypowders,  or  the  not  having  a  pillory,  may 
forfeit  the  market  or  the  leet.  If  the  lord  of  a 
market  take  outrageous  toll,  he  shall  forfeit  tlie 
market,  Stat.  West.  1,  cap.  31,  Inst.  2,  219. 
But  doth  tliis  prove,  that  if  a  corporation  have 
fairs,  markets,  gaols,  or  leets,  and  misuseth 
any  of  them,  that  the  body  oolitic,  the  corpo- 
ration, shall  be  forfeit  ?  It  this  be  so,  the 
abbots,  tliey  being  corporations,  in  the  cases 
of  the  ablxits  of  St.  Albans  and  Crowland, 
should  have  forfeited  not  only  the  liberties  of 
having  gaols,  but  the  very  corporations  or 
bodies  politic,  of  being  abbots  ;  a  conceit  never 
yet  imagined.  Can  you  say  the  city  of  Lon- 
don is  either  dependant  or  incident  to  the 
markets  ;  or  on  the  contrary,  that  the  markets 
are  so  incident  or  dependant  u|M)n  the  corpo- 
ration, that  thev  cannot  be  one  without  the 
other  ?  Can  thit,  be  said  ?  If  this  cannot  be 
said  with  reason,  how  can  then  the  taking  these 
tolls,  ailinitthey  wese  outrageous,  and  a  tbrfM- 
ture  of  the  market,  forfeit  the  iH>r|H»ration  ? 
The  making  the  ordinance,  Nup|Mwing  they 
made  it,  is  but  the  mean  by  which  they  took 
it.  Your  books  only  prove  tlie  abuse  of  a 
franchise,  a  forfeiture  of  that  frunchise,  or  in- 
cidents to  it,  and  no  other  :  bnt  the  inference 
in  this  case  is  not  the  forfeiture  of  that  |iarti- 
cular  franchise,  but  of  the  lieing  of  the  (;i)rpo- 
ration  that  owii«!<l  the  franchise ;  which  is  a 
plain  non  sei/uitur^  unless  y:»u  say  the  i*(»r|io- 
ration  isijicidml  to  the  market.'  An^uieufe^ 


1243]  STATE  TRIALS^  34Charlb8II.  l6S2^Pro€eeiing$heiwetmtk£K 


fiom  general  rules  are  the  most  fallible,  espe- 
cially in  law  ;  and  that  this  is  such,  I  hope 
moat  plainly  to  shew  in  the  distin^shing  the 
difierent  nature  of  franchises  ;  which  I  shall 
do  presently,  only  talcing  in  my  way  their  next 
reason  that  they  offer,  and  answer  both  toge- 
ther ;  which  is, 

Thirdly,  That  a  omrporation  is  a  franchise  ; 
that  it  onitninenceth  by  grant,  and  therefore  is 
forfeitable  and  surrenderable,  as  other  fran- 
chises are;  and  if  they  be  surrenderable,  then 
also  are  they  forfeitable. 

I  do  agree,  that  franchise  is  a  large  word,  it 
it  of  the  like  sen!4e  of  liberty  or  privilege. 
Therefore  in  Uuo  Warranto,  franchises,  liber- 
ties, and  privilpgcs,  seem  to  be  of  the  same 
sense.  1*0  be  a  subject  bom,  and  to  have  liberty 
and  pririlege  of  a  freeman,  and  no  villain,  is  a 
great  franchise ;  and  therefore  in  Jaw,  when  a 
villain  is  made  free,  we  say  he  is  infranchised, 
he  hath  the  liberty,  and  privilege  of  being  a 
ireeman.  An  alien,  he  is  made  denizen  ny 
letters  patents ;  a  pen»on  attainted  is  pardoned  by 
letters  patents,  and  a  restitution  in  blood  granted, 
and  made  a  new  creature.  By  these  grants  tlie 
alien  and  the  person  restorecf  have  such  fran- 
chises, liberties,  and  privileges  granted  them, 
that  though  bet  one  they  were  not  capable  to  take, 
hold,  or  ciijoy,  or  act  as  natural-liom  snbjects  or 
£reemen  ;  \et  hereby  they  have  such  capacity 
Ifranted.     Next,  I  lli'mk  it  uill  be  granted,  that 


franchises  either  convey  some  profit 
king,  as  felons  goods,  waifs,  estrays, 
the  like;  or  affect  his  suftiiects,  as  co 
returns  of  writs,  fairs,  madkets,  an^ 
but  this  of  being  a  body  politic  is  oi 
city  to  be  a  penon  capable  of  having 
ing  what  maybe  granted  unto  it,  as 
ing  and  acting  as  a  natural  body^ 
the  king,  or  other  his  subjects,  no 
than  giving  capacity  to  take, 
enjoy  what  they  can  get,  as  oth 
capacitated  may.  Other  firanchiK 
and  privileges  are  distinct  and  sepai 
and  if  any  one  he  forfeit,  as  it  may  I 
the  rest  are  not ;  except  incidenta  i 
tenauces.  But  if  the  being  of  a  osr] 
forfeited,  all  their  estates,  landsy 
chatteU  are  gone  at  once  :  ao  that  i 
admit  and  c^l  this  a  liberty  or  firai 
nothin<;f  like  in  its  nature  to  those  th 
rally  known  and  understood  by  tl 
franchises  or  liberties  ; « and  gene 
are  generally  to  be  underslood  ofaai 
are  generally  so  taken  and  called.  ]< 
be  such  great  and  apparent  differec 
this  of  uke  being  a  oudy  politic,  i 
being,  in  a  general  and  laige  sense,  i 
liberty,  or  privilege,  and  other  part 
chises,  admitting  tliat  which  is  si 
misuser  ok'  a  franchise  is  a  focfd 
gtinerally  true,  yet  it  is  not  in  ever, 
tnu' ;  MJit'iT  ili«re  is  suiii  apjr.ireii 


V.  iiini  an- 1  >tari-^  t  there  is  als4>  aj» 
son  (O  (li>tui^iiirli  J>i-i\*iM  one  and 
liny  hiii.j;;  >o  nr.u'li  <liti"vTiiiir  «'U< 
o;ln-r  ill  nat'.nv  a  .il  r!'alit\  .     l;»it  no* 


this  tnmrliiM^  liberty,  priviU'^e,  or  eajincity,  i 

not  surrrii;!cT:ilile  or  I'orli  it:il)U',  t-xetpt  <inl\  in  '  ami  rea>on  to  rlistir.crirsli,  i.>  Isctv^ii 

cast^ot'  trta*ioii  or  li.loiiy,  Mhrre  tlirv  fortti?  1  ot'a  cor|ioiati*ino;- a  \hh\\  |K»LTii',  »v' 

their  iivrs  ;  liy  tin  se  inst:iners   this  is  provcil  'a    e.ij):;j*iiy.    aiul  o:h<T  juiii'iiiar 

that  it  is  DO  trtu*  |io»iti<»n,  that  whats(H-v(>r  is 

gi'aiitahle  is  suiTcndi-mhle  ;  and  it*snvivinli*r- 

able,  torfeitahU*  :  ^hii'h  is  onr  c»t'tlir  n-asiiis 

given  b\  tlie  kii'.:x'5*  counsel,  whv  a  coriKuatii:ii 

is  forfeitable  ;    tor  these  tVaiu'liisis  or  |iri'.  i-  .  ^^a^  i.ovt-r  taken  in  [nw  to  1  i  Midi  : 

Icpes  aiv  by  j»Tdnr,  and  vet  nt>t  Mirn-ndrrable  or    liiu  !t\  or  y/r.  ilt-ue.  ivs  v.  ns  ^  m^'W 

*'._4_:...i.i .  -    _..  1  .1!     _•»        I- —    .1  _.    iltr  ihe  ijft m  rahnvanin;;of  tVauf.liiv 

l»v  Si;ii .  oi*(;iosi*  0  K.  1.  Insi.  *,». 
*\iivt«)iro  to  all  slur. iVs  lo;i\  ila\- 
liii'f.  I'tiTfOiTal  NUir.iiiO'is  Tor  nil  V) 
till'  IviT't  lo  elaiiu  iiieir  i».iMh4L>: 
si  ri'iii*  j|a\  ftlthP  -l:tin;«  .'".  iI.l- ,u>iw 
a  j;r;»ti.:iiritii«n 'iiiid*'  m  tiM*  >aou-  jjm 
till-  ooioiii.Tit  «.:j.oji  ih.ti  ^i.Mun-  !' 
lE]>t.    -2.     i\\,  J..; J,  iliat    ii'  the  |':'.ri 

^\tTe  >uize* 

O^lRCity  franie«l  and  rreatetl  in  a  iiuihitiulr  to    nilv.  i^\i.  N'.uim   tut-  Lin.  tlf-r  v«-n 

kandactasone  |»erson  ;  thox  aif  iiiri>r>Miiafe    hiot  li>ri-\i.r.      Itti'.i    |>:iny  tiid  ;ip)H': 

and  made  one  body  p^^titie,  tliat  havi-|M.Uir.     lh.i  <  iuiin,  tiun  lio  y  v.  tre '.ost  ior  t^t 

and  capaoilv,  or  francliiM*,  of  aetini:,  takiivr.     *he  i.nM-t'f«li'.v^  in   l-iri  thiiv  isiin  • 

llolding,  anj  ;rrantiui;;  this  is  tlu':r  ft  am  his. ,    r;oi  bt-  t'l'ud.  that  tb..'i'<»rii«>ia:  <ii)>  '^ 

admit  it  ao,   btii  differs  t'n*in  others.     Fra.;i-    nmi  uuik«   riiiniN  i>i  iIk-u-  ii«ui*.' c->:;^ 

chises  and    lilierties     of  al\  other  natures   are    txiuu>  ;  .liiie.  nr  iImi  t-.^i*  ::m\  vf 

wtates and  inheritauo^'s  grraiii'diie  andi\m\ey-    it"  •:  U-  i*i/a!ilt',    i:.to  xW  kiiiu'> J 

•Uc  lnimaiM*toai](k«her  as  other  wtates  are;    m.\<  l^Ttiii   i'»r  th.it   claintMi-      ^^ 

filil  ia  no  such  tbiii^^     jjnMuaMe,  ur  trau«iterr.\-     Ue\v;tni's    C    VA\\\.   i-.M.    It  >»ir 

Ue:  other  Iranrhiiie-^uid  VdH-riie*  attVei  ihr    Uu' li-.an  :u;«l  chij.itr.  imr- Mir'*"* 

png^   stdjeru,   an<^^    are  priviU-tfc*  e\ai\md,    eh^ncr  a»ui  all  ;h.  \riuiun»i>.  b''!>-i* 

•llBPein  the  king  M.»d  tlie  rest  of  his  8uh\ei-u.    ymih-je^.  tninh.^s,   aid  hatiiuu 

telMiniogllH' tTH^rscbwr^arv  mon:c\uu'tTu^d    riiu^d   aud  itm^tond.  and   this  i»»^ 


forieitable  ;  and  this  also  she\%s,  that  argu- 
ments irt'nerak  and  trom  i^»  neral  i-uIlS,  aie 
mokt  t'alli))!e.  and  tit  only  to  take  wiiik  :-4|miiv- 
hensions.  But  next,  eeusiiler  what  it  i>  t«» 
be  a  body  (wilitie  or  eorjHU-ition.  \  iM»d\ 
pohtie  is  traiiieil  anil  (Constituted  in  siuuhtii'lt' 
or  likeness  of  a  natural  bodv,  ^»ith  c;ij»aeity  to 
take,  liol.l.  and  cniov.  an  art  as  a  natural  IhxIv. 
and  can  no  more  surreiuUT  or  foil'eit  his  lieid'jf, 
wlula  the  members  of  that  body  aiv  subsisting-,  ap;i<  :;r,  hi ;  tV:-.i.i 
i  nattirai  can  uhile  alive.     It   is  oidv  a    kiiiu'\  hniMis,  .  -. 


I ;  M.' s 


STATE  THIAL^  34  Charles  n.  i  £83.— Mil  the  CUy  0/  Lmimi.    [1246 


erected ;  m  is  recitecl  111  the  letters 
sof  new  erection.  In  this  case,  Kep.  3 
indy  2. 190.  Jones  161.  resolved,  that  by 
irrender  the  old  corporation  wbn  nf>t  Bur- 
ied. This  judgement  dutli  conclude,  and 
be  g^fen,  either  because  by  thf:  word 
lite,  ami  the  other  pfeneral  words,  the 
Hseofbeinir  a  cnqKimtion  was  not  corn- 
tided  ;  or  if  the  word  is  sufficient,  and  did 
we  it,  that  it  could  not  by  law  be  surren- 
.  This  f  think  sufficiently  shevi's,  that 
rations  were  in  law,  as  persons  natural  are, 
a  like  manner  claimed  ;    and  that  the 

a  body  politic,  or  corporation,  vr^s  not  to 
imed,  comprised,  or  meant  within  tlie  ge* 
word  firanciiisefl,  no  more  than  the  liberty 
icbise  of  denizen,  or  manumission.  Next 
ilance  can  be  ^vcn  of  any  seizure  of  any 
ration,  or  body  politic,  for  any  forfeiture : 
re  of  their  liberties,  or  putting  officers 
them,  is  quite  another  thing,  as  I  shall 
presently  :  as  that  these  general  sayings 
r  books,"  that  misuser  of  a  franchise  for- 
he  frant-liise,  neitlier  in  law  or  reason  ex- 
to  the  being  of  a  body  politic  or  corpo- 
I,  but  it  isap^icable  only  to  particular  fran- 
I  of  other  natures;  and  the  other  reason, 
hat  whieli  is  grantable  is  forfeitable,  is  as 
idus,  as  before  ap])ears. 
Af  for  the  records  cited  to  prove,  that  the 
ntkm  or  body  politic  may  bo  forfeited,  I 
tate  those  that  are  most  clffective,  and  do 
right  therein. 
Mnnes  Dennis,  mayor  of  Sandwich,  P.  9. 

and  three  more,  were  attached  to  answer 
■no  Hegi  de  placito  traiisCT'  et  unde  Uo- 
w  de-Sokho,'  sheriff  of  Kent,  <  qui  sc- 
ar pro  ipso  Uegc,'  complains,  that  he 
idit  his  bailifrs  (naming  them)  to  make 
itioo  of  the  king's  writ,  *  in  Villa  de 
HMre,  qus  est  Haronia  douiini  llegis,'  and 
be  defendants,  with  swords  drawn,  took 
the  king's  writ,  and  trod  it  under  their 
ind  would  not  suffer  it  to  be  exe<ruted ; 
e  dicit  quod  deterioratus  est,  et  damnum 
et  ad  Valcntiam'  'iOOO  marks.  The  mayor 
ITS,  and  pleads  to  the  jurisdiction,  that  he 
i  not  to  answer  this  mutter,  excejtt  in  the 

of  Shipway.  Tlie  sheriff  replies,  that 
re  is  the  kini^'s  barony^  belonging  to  the 
m  of  St  AiistmH,  and  rt-Iies  upon  a  reconi 
riiistices  in  Eire,  where  an  amerciament 
dnat  Ville  was  formerly  set.  The  mayor 
elh  to  pleail  orer.  Tiien  a  day  is  given 
then  K  is  entered  thus :  *-  I'ostenq;  coram 
nino  Rege,  et  ejus  Coiieir,  quia  liarones 
'  Cinq;  Forts,  nee  aliqui  alii  in  Regno 
tro  possint  clamare  talem  IHicrtatcm,  quod 
respondennt  Duinino  Regi  de  conteraptu 

Act',  ubi  D<iniiniis  Rex  eas  adjnrnarc 
lerit ;  et  quia  pni.*«lict'  liarones  non  prutu- 
MaliquasCharULs  a  f legibns  concessas,  in 
Hw  non  fuit  exce|i1a  Rcgiu  Dignitas,  con- 
ntmn  csi  <piod  respomleant ;  et  quia  Ic 
Indants'  would  not  answer  any  (itberwhere 
'in  Rhipway,  *  coiisideratum  est  quod 
ctMur  la  ddbnaiouem,  prooonrictis  dc 


<  prsBdict'  Transgr'  et  Contempt'.  Et  quia' 
the  said  John  Dennis  is  oouTicted  of  the  sud 
offence,  and  the  fact  of  the  mayor,  in  thosft 
things,  which  touch  the  commonalty,  is  the 
fact  ojf  the  commonalty,  *  consiileraturo  eft 
'  quod  Communitasde  Sandwich  aniittat  libera 
^  tatem  suam,  ^c'    Tlien  follows    <  Postea, 

*  in  prssentia'  of  the  bishop  of  Bath  and  Wells, 
then  Chancellor,  and  others,  '  cum  AsseoMi 

*  Regis,  an  agreement  betwixt  the  abbot  of  St. 
Austins,  the  men  of  hkanore  and  -Sandwich, 
^  de  omnibus  contentionibus.'  And  then  goes  a 
long  agreement  betwixt  the  abbot  and  tlie  meu 
of  Sandwich  and  Stanore,  concemiuf^  their  ju** 
risdictions  and  courts.     *  £t  si  aliqua  para 

<  contra  conconlantiam  illam  ire  vel  fiioere^ 
'  alia  pars  habeat  sitam  recuperare  per  breva 

*  Domini  Regis  de  Judieio  exeunte  de  isto  Re- 

*  cordo.  Et  pro  hac  preedict'  hominesi  nMliaiiC 
'  predict'  Aboati  100  marks,  which  the  abbot 
remits  for  *  10  doliis  Vini,  pretii  30  marks,'  to 
be  paid  at  the  feast  of  St.  John  the  Baptist. 
This  is  the  record  at  large ;  and  for  the  extract 
in  the  collections  at  lincoln's-Inn,  whether  it 
be  of  this  record,  or  any  execution  that  went 
out  upon  it,  nofi  conttat :  but  that  I  think  it 
coulo  not  be  upon  this  record  ;  for  the  record 
is  not  30  marks  onnua^tm,  as  the  abstract  m, 
and  the  entry  of  the  videtur  at  &e  condasion, 
'  quod    Judtciam    extendit    contra    Baronea 

*  quinquePortuum,  eteorum  Libertates,  utmihi 
^  videtor,'  that  is  not  my  lord  Hales's  note,  nor 
doth  it  ap]>ear  whose  it' was.  Out  of  this  re^ 
cord  how  can  a  man  infer,  that  a  corporation 
shalh  be  forfeit  for  the  miscarriage  of  the  mayor 
or  officer  ?  How  doth  it  api>ear  from  hence, 
that  they  should  lose  or  forfeit  their  being  a 
corporanon  ?  By  amittat  Libcrtatcm  all  that  ia 
meant  thereby  is  their  liberty  in  Stanore,  or  the 
liberty  they  claimed  to  be  impleaded  in  tha 
court  of  Shipway  ;  and  the  note  in  the  extract, 

*  Tidetur  quod  Judicium  extendit  versus  Ba- 

*  rones,'  must  be,  I  think,  taken  to  be  as  to 
their  lilierty  in  Stanore,  or  to  be  sued  oidy  in 
the  court  of  Shipway.  I  have  taken  the  mora 
notice  of  this  rcconl,  because  it  hath  counter 
nance  of  a  judicial  proceeding ;  but  as  to  all 
the  other  recfirds  cited, 

A  writ  to  the  sheriff  of  Gloucester,  rccithig, 
that  the  king,  f«ir  injuries  and  contempts  dona 
by  the  mayor  and  comiuoiralty  of  Hnstol,  the 
liberty  of  that  viJIc  by  Kartholomcw  de  Bad- 
dlesmcre,  Custos  of  that  ville,  into  his  bands 
had  seized.  6  K.  2.  R.  CI.  ni.  5.  The  writ 
commands  the  sheriff,  that  the  Custos  should 
have  the  (*xecuticm  of  writs  as  the  mayor  and 
bailiffs  usul  to  have.  And  in  the  times  Of 
Henry  thcThinl,  Edward  tlie  First,  Edward  the 
Setrond,  and  Richanl  the  Second,  there  wen 
frequent  seizures  of  tlie  office  of  mayor;  and 
the  kings  did  put  in  a  Cnstos  in  the  place  of  a 
mayor,  or  made  a  mayor,  and  these  are  called 
SMZures  of  liberties. 

King  Henrv  tlic  Tliird  put  in  a  Custos  over 
London,  which  cimtinued  till  the  .'Sith  of  his 
reign,  and  tlien  was  taken  off,  and  the  city  ro- 
stored  to  its  election.    40  H.  S. 


■^^11471  STATE  TRIALS,  34  Cha&lks  II.  l€^.~Proeuding*btt»i 


Edwtnl  the  6ist  tiul  in  a  Custos,  and 
Buml  ■»  toilutill  the  341  ii  jeti  ufhit 
Bud  llien  was  taken  off.     15  E.  1. 

Till!  14111  ot'Edwanl  the  SecoDil  asetzure  of 
the  office  of  ttiiyur  by  Henry  d«  Siauoloo,  am) 
}ua  rellnws,  justices  id  Eire  in  the  Tower,  and 
joayurs  put  in  by  ihe  king'  ti"  th«  'JOIU  of  Ed- 
ward the  SecoDd,  and  ibi^i  ree^lurtd :  but  In 
tliat  of  Richard  the  f>ec<inil,  give  me  leare  U 
digrcaa,  and  give  you  thcr  Etatcof  it  ouloftlie 
city  Kgunere,  which  are  more  full  than  ihtsc 

A  writ  Gram  the  luDg  to  the  idsj^,  sberi^, 
and  aldermen,  caaimandin^  them  to  come 
with  twenty-four  principal  citizeoa,  beli)re  tlie 
king  and  hit  council  at  Notlin£;hatn,  >  in 
'  crastino  Suiiw  Jolioniita  Baptist  tunc  prox 

*  ful.'  and  to  brin^  sufficient  aiilhority  from  llie 
commonalty  to  answer  such  I  hings  as  should 
be  oLieeiea.  16  R.  3.  July  93.  Lib.  H.  fol, 
'269-  b.  City  Reg.  They  appcareit,  ami  bad  a 
lettec  of  alturney,  'ubi  prodivcrsiii  defectiouibui 
'  in  CoDimiiisiane  sua  sub  cumHiuni  Hisillo, 

*  aliiH  lie  niitsis,'  the  mayor  and  sherins  wt 
iliachar^  of   their    uffices,  and   cotnmitl^tl 

*  diveraii  l*risoais ;'  and  afterwards,  the  &rst  of 
July,  sir  Edward  Dallingrit^,  maile  Custoaby 
iht!  king,  came  to  the  Guildball,  an*  '-'  — 
mission  beiog  read,  be  was  svom 
aldermen,  'sccundumiiuodMaJoregaute jurare 

*  solebant ;'  the  king  al«o  made  the  sheri&,  and 
they  were  also  sworn.  This  is  also  entered  ia 
the  City  ll-?gisier.  Lib.  H.  fol,  270.  b- 

ltap|>ea  rs  that  theking  first  HwuretheCustos, 
And  the  sheriSs,  to  be  true  to  liim,  and  also 
turned  out  the  aldermen.  And  thai  tlie  pro- 
ceedinEH  were  before  Uie  Duke  of  Gloucester, 
and  outer  lords,  by  a  comiiiixsion  to  inquire 
of  all  defaults  in  the  mayor  and  sheriHs,  in  tiie 
well-govemins'  of  the  city,  awarded  upon  the 
statute  made  by  the  king-'s  <rrandfatlier  ;  and 
thai  thty  were  convicted  by  their  own  confes- 
sion, and  thereujion  the  libeily   of  the  dly 

The  Pardon  auil  Restitution  entered,  and 
thereby  it  in  recited,  that  the  proceedings  were 
upon  the  statiile,  and  the  judij^ient  was,  that 
for  the  first  oHence  they  should  fiitl'eit  1,00<J 
marks  ■,  for  the  iiecond  3,000  luatks ;  and  tor 
the  third  offence,  that  the  Ubcrly  should  be 
■eized  19  Sept.  16.   R.  S.  Lib.  U.  ful.  £79.  a. 

Tbc  Statute  28  E.  3.  cap.  10.  enacted,  That 
the  mayor,  shi:rilfs,  and  aldermen  of  Loudon, 
which  I 


e  the  governance  of  the  same,  shall 
:  the  errors,  defaults,  and  misprisions  in 
and  about  the  same,  to  be  corrected  and  re- 
dreeied  from  time  to  time,  upon  pain,  Iliat  is 
to  say,  to  forfeit  to  the  king  for  the  ^rst  de- 
fuuh,  1,000  markn;  for  the  second  default, 
3,000  marks  ;  and  for  the  third  default,  the 
franchises  and  liberties  of  the  city  shall  be 
'seizeil  into  the  kine's  hands.  And  that  the 
trial  of  these  defaults  shall  be  by  iuquesra  of 
foreign  countries, and  ihr  pains  levied  uponilie 
mayor,  sbetiffs,  and  aldermen.  Upon  Ibis 
Sta'tutkwtirt  tbcprecscdioga  of  R.  2.  grounded. 


The  other  side  hare  Bkewin* 
upon  anotber  sozore  mi4e  91  Ae 
the  city  of  Cantbridgie. 

A  great  riot  cotninitlcd  by  the  (n 
university,  heard  in  pariiameoi  by 
lition,  and  Ibrm  of  articles  eothiliil 
schoUrs  against  Uie  mayor  and  bad 
iL^ulbg  of  which  it  was  denMade 
tV  hat  they  eouh)  s»y,  w  by  Ihes  lika 
not  be  seized  ?  Afit-r  many  shifts  tbl^ 
Iliemselvcs  to  the  king^'s  axtey. 
thereupou,  by  cumniou  coukM  u  i 
i>ci/ed  the  ume  liberties  into  b*  huM 
said,  and  then  crauted  dirers  libn 
universities,  and  certain  lib«ttiei 
gruiled  to  Uie  said  mayor  and  bailii 
creajKd  their  furmer.  llHse  an-  (b 
stontial ;  it  Would  be  too  IcdioiK  to 
lor  there  have  been  in  those  days,  bi 
many  like  seizures  of  Idierties,  *■  t 
g>:neral,  but  nothiuff  particuUr  to  a 
and tlioughDotcile<i,  Iskallabom 
in  Crook.    5  R.  a.  ttot.  Par.  N.  t. 

228. 

Ceniorart  Id  the  mayor  of  Fith  ■, 
obeyed  the  writ,  mh)  gave  scurry  ■ 
252.  Tyndol's  Cbss  ;  aod  thereunui 
cited  two  cases  of  seizures  ofli^ 
bishop  of  Durham  had  contcmDrd 
process,  and  imprisoned  the  m<»c 
■iifbrmatiou  exhibited  against  bini, 
proved;  aud  adjudifed  be  shouU  j 
'  etquoii  capiatur,'  and  should  Iwe  I 
for  hib lime;  because  -juslum  est 
'  quod  peccat  in  eo  punialui-.'  33 
101.  Aoollier'  in  Banco  Com',' a 
awarded  to  tlie  bishop  of  Norwich  1 
communicated  the  party  that  brougb 
31  E.  3.  Rot.  40.  the  party  brougbi 
adjudged  against  the  bishop,  that  I 
taliiics  should  be  seized  till  be  al 
party,  and  satltfied  the  king  for  his 
and  that  the  party  should  recover  1< 
mages.     I  answer  to  them, 

(1.)  That  they  wereall  aluveSOt 
except  that  of  16  R.  3.  which  is 
and  no  such  thing  ever  was  done  sii 
stress  or  weigfat  can  be  given  to 
ceedings?  To  what  rules  of  law,  sii 
01  practised,  can  we  bring'  these  pn 
Are  they  now  iegitl  pi-eccdents  fii 
things  to  be  done.  Tlie  writs  ool 
records  for  the  ship  money,  and  t 
hood-money,  had  as  good  recwik 
them,  and  much  more  plain  to  the  pa 
these.  The  precedents  of  Edward  tl 
Richard  the  Snd,  either  of  their  livet, 
ileaths,  or  of  the  lives  or  deaths  of  at 
judg«sof  those  days,  ought,  as  I  com 

^xauules.     And  tor  H.  3.  E.  J. 

3  and  those  times,  tbey  werslisK 

uhJes  and  disonler«;  and  wU 
done  is  no  rule  or  ureredent  for  thll 
any  other  court  of  justice  W  gtif, 
latter  limes  allowed  or  approvcf 
book  ur  report  of  any  judicial  « 
rof  E.  3.  orof  £.  3.ar  t^  H 


STATE  TRIAIil,  54  Chables  II.  l682.— and  ih  City  of  London.    [1250 

,  that  I  have  yet  heard  of,  or  met  with,  |  franchises,  which  tlioy  by  forinor  ji^ntiits  or 
doubt  not  hut  if  there  had  been  any,*  contirmations  had,  \\i,  4  II.  4,  cap.  l«con- 
ig^ii  council  would  hare  made  use  of  firmed  in  like  manner  hy  7  11.4,  cap.  1.  A^aiiti 
hath  ever  giren  80  much  credit  or  coun- 
i  to  these  proceeding^,  as  to  take  any 
E>f  tliem.  To  make  use  of  old  records 
edents,  the  gfrounds  or  reasons  whereof 
now  be  known,  to  subvert  arty  law  or 
ment  establbhed,  is  neither  advisable  nor 
ndaUc.  But  for  further  answer  to  them : 
As  to  that  of  16  R.  2,  that  you  see  is 
ed  upon  the  statute  28  £.  3,  c.  10,  and 
nify  notliing  to  the  present  ourpose ; 
e,  according  to  that  statute,  they  con- 
he  mayor,  sheriffs,  and  aldermen,  upon 
oniemon,  that  they  had  mis^ivcmed 
,.  The  mayor  and  sheiifTs  beinfr  c«)m- 
to  prison,  and  this  done  before  dukas 
b,  by  special  commission  to  that  pur- 
pointed,  and  convictcfl  by  their  coiifes- 
r  the  first,  second,  third  offence,  all  at 
.  this  of  good  authority  in  law  ?  And  for 
in,  that  of  £.  2,  was  before  justices  in 
t  tlie  Tower,  the  office  of  mayoralty 
into  tlie  king's  hands,  and  replevied 
»ir  to  year.  And  that  seizure  that  was 
by  king  £.  1,  for  what  reasons  or 
I,  or  by  what  sort  of  proceedings,  doth 
ear ;  all  that  doth  appear  of  it  is,  that 
a  Custodes  an<l  Mayors  were  put  upon 
f  \  but  quo  jure  J  who  can  tell  ?  We 
lesc  tim(»  wtre  tiim-s  of  trouble,  in  the 
vars.  I'hc  barons,  Kiinon  Mouiitford, 
Leicester,  l>ein«;f  their  jfeneral,  foug]»t  a 
rith  the  king  at  liOv/eK,  nii:!  took  the 
d  prince  Ed'.vanl  tin?  Hi  it,  both  prison- 
I  H.  3.  The  bamns  dilU'vins^  among 
veK,  :*.Rd  the  earl  of  dloucrstcr  joined 
J  prince,  who  ci't  o'lt  ( i'  prison,  ano- 
ttle  ^*us  fou«:lit"  at  Fvo:ham,  and  the 
.rl  Mountford  sin  in  ;  A{}\\.  r»,  and  then 
ihester  by  pariiaincnt  all  his  party,  and 
Tties  of  tlie  rity  of  I^ondon  ♦wizwl ; 
uch  times  aj  thi"«e,  ami  which  foli<)we<l 
E,  l^,and  H.  2  it  is  n(>ttoi»e  marvelled 
were  many  seizt'.res  and  ciistodes  put 


confimietl  in  like  manner  by  :)  II.  5,  cap.  1. 
/rgain  confirmctl  by  statnle  of  2  11.  (5,  cap.  1. 
By  which  it  appears  what  a  sensM*.  and  mi>moi-y 
they  had  of  the  seizui-es  tlmt  bad  been  of  their 
liberties  and  privileges,  thai  they  nc\er  thought 
tliem  siifliciently  conilrnied  ;  but  they  were 
sufficiently  confirmed  ;  tbr  from  tlie  time  of 
R.  2,  to  this  day,  xvc  do  not  find  any  seizure 
of  any  liberties  or  franchises,  or  Custiia  uintie  or 
put  upon  thc:n.  Th«it  \vl:it-1i  w  as  iu  those  days 
of  violence  done,  shew  then  the  v»'oi>t  of  times, 
but  anj  no  precedents  ibi-  the  best.     Dot  next, 

Supj^osing  and  admitting  these  recoi«ls  of 
these  tunes  of  good  aiubority,  Hiid  as  aittbt^nlic 
preccileiit:j  as  ran  Ik:,  !b«'y  in;;  r»ofar  from  pr<»v- 
mg  ai-'ainst  me,  that  1  hope  to  make  it  most 
plainly  to  a]ipear,  that  tljcy  aiv  strong  and 
plain  authonties  and  o\ideuec  upfainst  them, 
and  for  me.  It  is  ordinary  in  disputing  or 
arguing  to  lose  the  point  di:;puted  or  arguerl. 
That  1  may  not  commit  so  grcrt  an  error,  but 
may  evince  and  mak<^  plain  what  1  have  af- 
firmed, give  nic  leave  to  look  l»ack  to  the  in- 
formation and  replication,  and  from  thence  to 
make  the  points  tnat  we  argue,  single,  clear,, 
and  open.  The  information  that  saith,  that 
we  usurped  upon  the  king  to  be  a  corporation 
and  boily  politic,  but  in  truth  are  none.  The 
bar  sets  furth  the  title  to  be  a  corporation  by 
prescription,  time  out  of  mind.  The  replica- 
tion, that  endeavours  to  avoid  the  bar,  by  al* 
lowing  that  we  wei-e  once  a  corporation  law- 
fully ;  but  that  by  our  miscarriages  we  hava 
forfeited  our  lk»ing  a  cor|H>ration,  and  thereby 
became  none,  ami  after  that  usurped  to  be  one. 
|!M)  that,  that  which  the  other  side  maintains, 
is,  that  by  our  mis-fea^anres  wo  have  commit- 
tt^  a  forfeiture  of  our  old  lawful  an^i  rightful 
coqioratioii.  Tills  1  deny  ;  the  r«L'rmation  is 
iifM^n  theiu  to  prove,  and  they  pvtKlncingno 
ree«»rd  that  exprf»ss<»s  any  such  forfeiture  of  i^ 
eorporation,  but  only  records  generally  saj  ing, 
ilirvt  tbe  lil)crties  shnuM  l>c  liirfeitcd  or  seizi'd, 


'ity  ;  it  is  more  a  marvel  thev  v/ert^not  '  the  question  is,  what  tlio  meaning  is  in  tho.v* 
jd.  The  statutes  made  in  tlicfv  times  ;  obi  re<:nrds  of  forlcitin'^"  and  seiziiif?  liberties  ? 
t  only  the  disorders,  but  that  tbe  liber- 
e  greatly  infrintfetl,  or  else  there  would 
>  been  statutes  to  confirm  them  ;  w he- 
infringing  or  seizing  were  the  cause  or 
I  hard  to  know  ;  but  just  betbrt^  in  those 
ere  were  inidoubtedly  many  extrava- 


Mr.  Attomry  was  pleased  to  take  it,  and  so 
tlid  Mr.  SiiHeitor,  as  1  think,  tiiat  forfeiting 
and  seizing  were  much  one.  I  shall  not  dispnte 
that ;  but  wheiher  in  any  of  those  reeonis  the 
corpoAtion  or  bo<ly  indiiic  were  by  these 
words  taken  to  bo  ib'rfeiic<l  ?  Mr.  Attorney  waa 
of  all  sides,  wbieli  produced  Magna    so  cnnfful  to  ?>  .oid  the  omsequouces  of  a  tor- 


made  the  9 II.  3,  for  confirming  of  liie 
and  privileges  not  only  oflxjndon,  but 
ler  towns ;  and  af^r  these  times,  in  the* 
ngOA  of  the  three  succcedhig  kings. 
Ay  other  statutes  for  confirming  the  li- 
ind  privileges  of  the  cities  and  towns 
ide,  1  H.  4,  cap.  15  ?  The  penalties  at  id 
rem  imposed  by  the  statute  2M  E.  3,  cap. 
n  the  city  of  London,  put  into  the  same 
II  with  other  cities  and  lioroughs,  as  to 
•  and  seizures.  A  statute  confirming 
A  cities  udborovghitha  Ubfrti«i  asd 
yiii. 


feiture  «if  a  eor|M)rati(Ui,  which  an^  so  gn»at  and 
d(  Ktructive,  that  he  would  not  by  a  judgment 
iu  Quo  Warranto  against  a  coqioration  liava 
the  coqioration  detennined,  no  m<)re  than  h« 
would  by  the  Ibrfeiturc;  ipso  facto  have  it  de- 
termiuptl,  but  tbat  tbcr*!  should  be  soma 
seizure  into  the  king*s  hands ;  but  what  that  is, 
or  how  to  be  undcrstooil,  1  cannot  imagine. 
For  if  the  corporation  lie  not  to  lie  di.ss<iUed 
and  determined,  iu  whom  Khonid  it  rest  or 
remain  af^er  such  forfeitures,  or  during  buch 
seizure  ?  ttball  it  aftur  forfaitum  reoialu  iia  CbA 
41. 


^^W: 


but  roafinning;  ibe  old  ;  «Wn  d 


tboK^j'f  ifae  a 
thought  or  imagined  ti* ' 
wtv«d.    By  th^  trawa,  vi^f^ 
feituns,  llif  eojojiDcot  or  lumiwt.  Ii( 
—    ■_  (niiaceiigi 


K  of  300  yei 


nsioiaK  and  heiag 
cnplioo,  wnicl     ' 
B  forfeited. 


Ij  5TAT£TBIALS,34CuABLBsiLl5S}.~PrMtnCaf>id«<ai 
pune  ptraons  tbftt  llwasiDr  SboU  it  sutuut, 
live,  titid  act  aa  before  ?  or  xhall  it  be  in  liiabo 

Sutnan,  ur  in  nuhibut  ?  Ls  a  cor^oralioo  naaa- 
;rntble  lu  »oj  olhe*  peKun  or  pcrsouR  1  Cau  a 
C^iporation  be  conravetl  or  transrcn-ed  ?  Th^ 
il  uupotijible ;  and  »o'  h  appears  in  the  dcaa 
BDil  rhaplet  of  Nomicb  cawr,  and  Fulcber 
ud  Hcyward,  uid  1  lasU  lu  the  <as«  of  the 
homage  Anccstrai  bcrore  ciltnl.  That  a  coi- 
ponktioo  i^  QUI  traDifeirable  fram  oae  body  uf 
IBen  lo  anolbur;    tbercforo  the  king  cannot 

Kpocnblv  haT«  it,  nor  can  he  ffTunt  it.  Ay,  but 
'  :b  Mr.  Attorney,  it  shdi  le  seized,  and  in 
king's  hands ;  what  is  meant  by  these 
wt^ds?  Hov  can  it  be  in  the  kind's  hands, 
iTiMt  transfeirableJ'  Next,  what  sh^l  tbe  king 
4o  witli  ii,  slidl  lie  grant  it  to  others  ?  No,  that 
!■  tlulKe^ble  ;  by  the  aix^  cit^,  it  m  ^peais 
Ae  king  Dia>  uiake  a  new,  but  he  cannot  gram 
•o  old  corporalino,  because  not  transferrable. 
Then  if  he  omnut  grant,  if  it  be  nut  tiainfer- 
fobW,  if  a  oOTjuwstion  or  body  politje  be  lii  1«w 
ftkined  in  similitude  of  a  outural  body,  tueo  it 
M  Eto  more  tninsferable  than  a  natunl  body  is. 
The  body  politic  cannot  he  iakia  out  of  the 
bads  el  the  petsont  intnrrioiate.  Fcopi  hence 
iben,  if  this  be  ta,  it  will  follav  uf  rveccsxity, 
tut  the  ootporaljan,  if  it  cannol  be  oansleired 
ti  the  Idi^.  or  by  the  kbg's  graui.  Out  of  the 
ptnoQs  m  whom  it  is,  toouiers,  it  (oiMt  rciuaiii 
where  it  is,  or  be  dissoked.  Next,  that  wfaich 
1  shall  shew  U, 

Tbat  by  the  wnnls  forfettJiig  and  Minog 
liberties  in  tliose  o?iI  rc<»tr<U,  it  eanni  '  ' 
forfeltiug  and  seizing  a  corporation  ot  UkIv 
p>&tic ;  they  Still  continued.  But  iluil  nliLch 
a  llie  true  sense  of  these  word),  forfeiiiug  and 
fuzing  liberties  in  thosi:  records  na>.  if  the 
■Itusc  or  misuse  ncie  of  a  paiticulM  franclii^>, 
•s  of  courts,  prisons,  markets,  or  the  like,  ibe 
IpiaghaJ  ifaem  fuHi'ited  tobtni.  If  the  aiuEe 
Tcre  by  a  corporation,  ihcy  acted  by  ihiir 
active  parts*bvtlKirtuayori,  bAiliSt,  shcri^, 
coroners,  or  Jie  like  ;  ihr  king  sciivd  thtce 
«tEccs,  turned  the  corporalioo  n&ccrs  out.  and 
fM  olb<Ts  in  llidr  placid.  This  va&thc  course 
in  the  Eirrs,  where  l!ie«;seizurt;i>iu  those  d.iys 
usually  w«re :  But  foe  si-izicg  corpora] wtw  as 
Ibrfeit,  thertbai}»'U«n  no  instsuce  of  it  in  ui^ 
liine ;  but  the  conimy  is  ut'^si  eviiicct.  Fut 
Ae  corpurAtioos,  no;n  illmaiiding  the  supposed 
fofdlures  or  so^urtj,  itinoiced  slill  in  beir.^ ; 
V>dthis  is  evident  ti  eu  to  sense.  Tli^  saoKiuvs 
lliat  haie  been  mentioacd.  bare  b«cn  ol  Ijon* 
4(Hi,  Bristol,  GbractAu-.  Cambridge,  aud 
Ciuji|ae-pon»,  Ipsnich.  and  \\  inchesler. 

1  olTri  to  J  HUT  coosidcraliKp.  wbifiho'  these 
cities  of  Loudon  and  BruluL.  Gloucester,  Iwn- 
and  aUo  the  CuHfuii-portfe,  eier  sinoe,  t 


<JSS 


haTeouicanikiuslI)  mall  pteadiofv, duoii. and 
lilies,  inadi:  tbembliH  a  title  by  umcripliau  ' 
Are  they  ooi  hj  prcscriptioa  to  tLt*  dat .'  Iii> 
Aey  Dut  dwui  tbeu  markets,  tolk,  scd  sH 
■ben-  priiiktcvs  by  pnncnptioo?  (ko  not  tbe 
•CIS  of  paHianicnt  tbat  imnNdiatBly  fcdiov 
these  Ki*ui«  u»ad«  by  U.  4,  H-  i.'H.  6,  ■> 
1  nuliwi  ilKic  fan- 


prescriplioo,  which  they  i 
iTere  forfeited,  as  p««Und«d-  F«r  If 
feiture  th*y  oiost  laru  bsing  dm  m 
^n,  ur  being  diveited ;  no  othet  ■■■4 
or  ever  was,  of  fur&itut*.  dwU  iIm] 
them,  and  yt*  Vt*f  ihem  J  COuU  tU 
then,  and  vet  ba»cih«n.'  Ifdwyod 
llieo  it  i«  plain,  that  Hoce  thev  sIb^ 
had  them,  Ihej-  nerer  ivfaa*  m  ka ! 
But  for  farther  MideoM  hcno^  I  Ail 
it  roost  plainly  to  appear,  that  dsriac  Al 
times  of  these  sdismes  the  catiwnliMi  11 
ed  and  acted  as  corpomuas ;  and  ibail 
time  it  Mas  iKiec  ibougbt  or  iiiiapaq 
during  the  seimres  the  corponhMB  a« 
feil ;  all  thai  was  doo*  «u,  thM  tbi  «| 
of  their  mayor,  or  of  ibeir  sboiff,  ms  dl 
taken  frnw  ihntt,  and  either  a  Cori^ 
ouyor,  by  the  Idi^  put  oret  thcsL  N 
iJBued  till  ihoie  kings  displeasum  ml 
and  then  lh«y  chose  their  onn  afficenl 
llut  DO  thought  then  of  fi«f«tjae  tba  e| 
tkn.  By  the  city  books,  as  veil  >*  ■ 
this  is  most  evidenL  The  pulling  a  Cfl 
kiagE.  I,  CMilifluedfuf  the  ^acegfll 
leant  I  6oin  the  15  £.  1,  to  the  Sfi  E.  t,  )• 
ihev  eUo«e  their  mayor  again.  By  li 
bookf  ii  appeara  that  their  conrl  af  buM 
along  conliiitKd,  as  at  other  tin)«,  )U 
all  along.     Lib.  \.  fol.  50.  jl,  1^ 

Kadulpbiu  de  Sauduvco  CtOtt  I 
London,  llenricu*  le  Wslleys,  and  atb 
dnmen,  (nanting  them)  '  ct  uuntcntM 
■  munjtas  ejusdrai  Civitatis.'  make  a  o 
ani-e  of  s  bouse  to  John  de  Bangwdl,  tl 

Tbeoourt  of  aldermen  holdeu  M 
CiBlos  and  aldermen,  IS  E.  L  I 
fol.    110. 

Kith  the  king's  remcmbiasoer  in  ■! 
cbdqiicr,  ■  Ciies  London  venenuit  cMi 
'  rooibus.    et    prEsealnierunt    J<diua 

-  Canluar'  el  fl'illiclmum  de  BetajM 
*  spondend'  pro  Ciiitat'  pcsdicl'  vtCoi 
'  dIcMS,  de  bis  que  ad  oeciun  Tmi 
'  pertiDeci,  el  ad  hoc  tkcieod'  piutam 

-  craiueolum.'  15  E.  I,  Ro.  1. 
litidem.  The  preaentiucul  and  slTMll 

other»heEi&  IS  E.  1.  Bo.  1. 
lUdem.  The  like,  31  £.  1,  Bo.  H. 
Hadein.  The  like.  3S  E.  3,  Bo.  3. 
Auby  \e  Anheir  atiachiatos  foitadl 


*  CotBuiunital'  Ciritat'  London'  de  f 
IW  that  be,  being  do  fneeoiao,  ncn 
mihecitt.Sl  E.  1,  Lib.  C.  ioL  lll^h^ 

Anothm  liKe   MBt  against  aa  <mm 
Lib.  r.  fol.  7.  bL 

A  Writ  of  Bight  b  the  Hm 
by  ih«  corpi'tahaa.  *  CoiamuniU 
'4w  ytr  Bwhilphma  CMaeb^ 


^ 


■ 

9]     STATE  TRIALS,  S4  Chabus  11.  iGtt.^^-tmi  the  Citg  of  Lonian.     [lS54 


OB  petit  ToniM  Hngrniem  Epnconnm  de 
dbm  nDQin  Maaaai^uiii,  lee.'  S2  E.  1. 
II  the  ddermen,  and  twelre  citizens,  frere 
sdMm  the  kuiff  and  his  council,  and  the 
^  nstDied  them  the  election  fnf  their  mayor, 
they  chose  Henry  He  Gabcrs  mayor.  And 
HsnUT  followini^  comes  the  king's  writ, 
■eby  the  king,  for  good  services,  <  reddi- 
nns  et restitutmns  Cmbtta  London  Oivi- 
■BfOnacnm  Majoritateet  libertatibus  suis, 
M  certis  de  cansis  dudum  capi  fecimos  in 
unm  nostraro.'  So  that  hereby  it  most 
BBtly  appears,  the  ooriioration  was  not  for- 
lost,  or  dinolrcd,  only  a  Oustos  put  orer 
By  which  acted  in  the  place  of  mayor ;  and 
B  removed,  they  chose  their  mayor  again, 
S.  1,  lib:  B.  fbl.  da. 

he  bbeities  not  Ihrfeit,  only  seiaced  into  tlie 
fM  hands ;  so  saith  the  wnt  '  dudom  capi 
imus  in  nanam  nostra m.'  The  record  of 
ihrid^  1  have  looked  upon  ;  it  plainly 
■n  m  it,  that  the  corporation  was  not  for- 
dand  dnisolved,  as  you  suppose :  for  it  ap- 
s,  that  whea  they  submitted  to  the  king  to 
ritk  their  Innchifles  what  he  pleased  ;  yet 
umho  to  the  mayor  and  baiKfTs,  their 
•use  to  all  ether  matters.  And  afterwards, 
le sametime,  the  king  grrants  to  the  same 
ir  Bad  baihA  divers  nberties ;  by  which  it 
■HB,  that  llie  corporation  wbb  not  forfeit, 
Hill  in  being,  notwithstanding  the  seizure 


W  aeizure  that  was  by  kin^  Edward  the 
nd  was  in  no  sort  an^  forfeiture  or  deter- 
of  their  corporation ;  but  either  under 
or  under  a  mayor  put  in  by  the  king. 
%e  CustOB,  aldermen,  and  commonalty, 
aaed,  and  tamed  out  some  of  their  alder- 
u  lib.  E.  fol.  11,  b. 

hey  chose  and  swore  their  sheriffs,  and  by 
tnae  they  had  a  mayor  again ;  but  the 
»  of  mayoralty,  granted  them  by  the  king. 
D.  fid.  a. 

be  king  grants  to  Nicolas  de  Farringdon 
•Ifiee  of  mayor,  *  quamdiu  nobis  phicuerit.' 
B.  9,  lib.  £.  fol.  146. 
%my  had  a  writ  restoring  to  iliem  the  office 
iiBir  nnyor  again,  120  £.  2. 
Ilea  fbr  the  seizure  of  10  R.  2,  that  con- 
ad  bat  hmn  the  32d  of  July  unto  the  19th 
Beptenber  fbllowing ;  and  the  form  or 
lor  of  law  that  they  had  for  that,  was  tlie 
ale  of  98  E.  3,  and  theCustos  put  in  sworn 
BaihlhaU,  and  took  the  oath  or  the  mayor, 
ypcBis  in  the  book  which  I  cited  ;  where 
I  BMBlioDed  to  be  upon  tlmt  statute.  Lib.  H. 
\  b.  16  R.  S. 

lot  for  farther  evidenee ;  in  the  treasurer's 
■■ibraneer'B  office  in  the  exchequer,  4£. 
Sat  9. « in  Baga  de  Uuo  Warranto  in  Iti- 
■a  NorthaniBton  et  Bedford,  Quo  War- 
■la  Ttnus  VHlam  de  Bedford ;'  in  that 
thesB  things :  first,  that  the  vilUge 
had  not  at  the  hut  prececKng  Eire 
I  of  divers  liberties,  and  thereupon 
Bwe  adjudged,  •  qnod  omnes  IJber- 
MA  BMuir  ti^'  fttiaeDt  in  manus 


'  l>omini  Kegis,'  and  had  not  been  replevied, 
but  the  corporation  not  seized.  Thereupon 
the  corporation  offer  a  fine  of  ei^ht  marks  ta 
the  king,  *  pro  licentia  damandi'  their  liberties, 
and  admitted  to  a  fine :  but  then  it  appeared,  ^ 
that  the  mayor  and  the  coroners  had  sat  ia 
judgment,  and  condemned  men  for  fckiniee 
committed  out  of  the  jurisdiction ;  and  there- 
upon '  Consideratuin  est,  quod  pra?dict'  Li-" 

*  bertas  de  Infan^licife  et  Olficia  Major'  Balli- 

*  vonim,  et  Coronatorum  cjusdem  VillK  ca- 

*  plant'   in  maniis  Domini  Keeis.    Sed  quia 

*  cteters  Libcvtates  et  consuctud'  Villte  pnetiict' 

*  absque  Ministris  pn^  comnium  utiHtate  Po- 
'  puli  ibidem  nequeant  consprvari,'  the  Court 
puts  Johannem  de  Toimd  Custos,  Johannem 
Wy mound  and  Ricliardum    Rounds,  bailiflk, 
and  Nicholas  Astwood  and  William  de  Knight 
coroners,  who  were  all  sworn  to  execute  those 
offices,  and  to   answer  the  king  tho  profits. 
Hereby  it  appears,  that  the  course  was  not  ta 
forfeit  or  dissolve  the  corporation  :  thev  never 
were  so  unreasonable ;    fbr  hereby  all  their 
lands  and  goods,  and  all  the  debts  owing  by 
them,  or  to  them,  would  all  be  lost :  all  they 
did  was,  they  put  in  officers  to  preserve  the 
corporations.    So  that  I  think  there  is  nothing 
more  plain,  that  though  the   liberties   were 
seized,  and  that  officers,  Custos,  or  mayors, 
were  put  upon  them  ;  yet  the  corporations,  or 
bodies  politic,  or  their  liberties,  were  not  for- 
feit or  determined.    If  they  had  been  either 
forfeited  or  determined,  could  the  writs  of  res- 
titution have  set  them  up  again  ?   The  old 
could  never  be  restored  or  set  up  again,  but  bjr 
act  of  paritament ;  Uiey  might  nave  had  neif 
charters,  and  have  been  made  new  corpora- 
tions ;  but  the  old  could  never  have  been  re- 
stored, if  once  forfeited,  as  now  imagined.     Ho 
that  the    point  betwixt  iis  is,  Whether  the 
records  of  £.  1,  E.  2,  and  R.  2,  of  forfcitun^ 
and  seizures  of  liberties,  supposing  the  causes 
or  offbnces  for  which  they  were  seized  were 
very  great  and  provoking,  as  in  all  probability 
they  were,  do  proye  that  thereby  the  corpo- 
rations were  forfeit,  dissolved,  or  determined  f 
It  ap|)ears  they  were  not  forfeit.     You  can 
never  avoid  it.     If  abusing  the  franchise  or 
liberty  of  being  a  corporation  be  a  forfeiture,  as 
you  affirm,  and  that  they  were  seized  for  being 
forfeit ;  then  the  offences  tluit  were  committed 
by  these  corporations  in  those  princes  tiroes, 
were  furieitures,  and  consequently  the  seizures 
dissolved  the   coruorations.    They  could  not 
forteit  and  lose  tiieir  corporations,   and  yet 
keep  them.     And  tliaa  th^y    Ktill  had  their 
being,  is  most  evident  by  the  reconls  of  those 
times,  shewing,  that  they  Bctc<l,  and  enjoyed 
tiicir  c<irporetions  under  tnose  s<-izures,  only  a 
Custos  instead  of  a  mayor,  all  other  things  the 
same  ;  that  they  have  in  all  ages  ever  since 
been  allowed  to  be  corporations  by  prescription, 
never  denied  or  qiu^stioned  ;  that  the  U(;ts  of 
pariiamcnt  immecliatply  following,  c(»iifirming 
their  privileges,  never  questimied  their  having 
tliem.     Ne\'er  any  thoughts  of  making  void 
any  forfoituret   by  these  acts,  or  any  neer 


W55]  STATE  TRIALS,  34  CHABLBa  11.  i6S2.-'Prc<tediHg»  MwtaH 


crants,  but  altrnvs  plnuled  by  presinintioD. 
Thexe  tlun^;s  plaliily  xhcw,  ihaX  the  offences 
committed  iii  tb<wo  times  (lid  not  forfeit  the 
corporatiDn  ;  and  all  ibat  dark  authority  tbey 
have  out  of  those  recoiik  is  directly  against 
tbem,  ]iroT«  only  llint  these  abuses  ^ate  nnly 
cause  of  sfizui'e  of  eotne  offices,  but  no  for- 
feiture of  the  coi-puratioo,  that  «till  continued. 

Having  thus  ansvtei'ed  tiiose  old  records, 
and  sbewn  ihnl  they  ai'e  of  auUiority  for  me 
against  tbem ;  and  since  it  balli  been  stirred  in 
tbis  case,  whether  a  («rporation  or  body  politic 
be  surrenderable  or  not,  and  insisted  upon,  by 
the  other  side,  that  il  is,  imd  from  thence  an  ar- 
^mcntdrswn  to  jirove,  that  if  surreiiderahie, 
U  is  forfeitable:  wbelheritbe  surrendend)le, 
or  not,  pirhaiisis  also  doubtful,  wi  that  I  think 
•  man  cunnotargue  from  it  any  thing.  First, 
I  am  Bure  there  is  no  great  reason  why  it 
thould  be  ;  forsince  that  men  thai  arc  of  the 
corporation  take,  upon  their  coming  to  be 
made  free,  an  oath  to  preserre  the  rights, 
liherliej,  aurl  privileges  of  it ;  and  since  the 
active  members  are  intrusted  for  all  the  other 
members  that  clectand  choose  them,  auil  also 
for  their  successors  ;  I  cannot  see  how  a  man 
can  satisfy  himselfin  so  doing. 

Sir  James  Bng^'s  case.  Rep.  U,  98,  they 
forfeit  their  freedom  by  diHng  contrary  to  ibeir 
oath  and  ttosl.  If  erery  freemao  liv  his  oath  and 
trust  be  obliged  lo  seek  the  benent  of  the  cor- 

K ration,  to  surrender  is  agaiost  (he oath.  The 
*  seems tohavc«  careef  nreGerriivcorpaTa- 
tions  :  and  therefore  iirovides,  (hat  tiio  talcing 
any  neiv  charter,  ihiiiigh  there  be  many  altera- 
tions in  offiec-s  and  naincs,  yet  doth  not  sur- 
render tlie  old.  But  were  il  of  any  other  fran- 
chise, ihc  taking  aneiv  of  the  same  tliiog  is  a 
surrender  of  tbeold. 

Deanandt'hapler  of  Norwich's  case,  Hep.  3, 
73. 


is  not  jnstifialile  by  law,  is,  aa  I 
abuser  or  misuser.  If  a  corponi 
any  money  that  is  nol  due  tolheni 
virtne  of  any  by-law,  that  is  a  torlA 
it  be  hilt  a  groat.  What  if  tbey  by 
mon  Belli  command  their  serranl  I 
such  lands,  or  distrain  such  i 
for  r 


alrony 


Fideher  and  Ileynard's  cascseemi 
one  to  ]>rove  it  not  surrenderHble.  J< 
And  tltou|>h  the  bishop  did  not  in  llial 
in  the  surrender,  thateannot  hmiler;  because 
the  bishop  is  no  part  of  the  corporation,  and 
tliercfore  cannot  hindur  them  lo  surrender  it' 
thev  will. 

A  rill  incorporate  by  the  name  of  bailifla,  4 
H.  S6,  S3,  b.  The  king  dt  imro  incorporates 
them  by  the  name  uf  sheriffs :  Are  (heir  jirivi- 
egea  that  they  before  had,  gone?  No,  Uieu 
dfi'mil,  suitli  the  book.  But  this  being  not  my 
(jutsliuii,  1  intend  not  to  debate  it  tlioroughlv, 
hut  to  keep  lo  the  point  of  a  forteiture  of  a  body 
politic  or  eorporalioro  and  farther  to  examine 
111.?  reasc.n:ihk'ne.%s  and  justice  of  this  doctrine 
■>r  liirli'iiiirt',  and  sec  how  adequate  and  Just 
is  :  tiir  lii-.it  U  the  thing,  I  perceive,  desired. 

First,  Their  ]ioiiiion  is.  That  n  ctn-poration, 
or  being  of  a  body  politic,  is  a  liberty  or  fron- 
chisc ;  and  if  ahuied  or  misusnl,  is  lurfeiled, 
deteimined,  and  dissutced. 

Tlial  I  may  n  tittle  understand  Ibis  positi 
and  consider  of  abuse  and  misuse,  of  the  e 
Icnts  and  oousequences  of  it^  Bv  abuse 
Mjijuse,  erery  act  that «  c«r|io»ttoa  deth,  that 


t  ihii  a 


them  lo  oppress  the  king's  subjecta. 
from  them  their  lands  or  mc 
not  due?  This  is  a  misuser.  A  '< 
as  1  hate  said,  is  but  a  person  cr 
semblance  of  a  natural  persoOf  V. 
paciiy  to  take,  hold,  and  enjoy  t 
ead:i  and  purposes.  And  htdd  or 
possible,  without  acting ;  and  all  ll 
-'"  necessity  be  aobjected  to  entm 
their  actions,  as  natural  perana 
must  it  be  so  penal  to  tbem,  that 
abuser,  must -be  a  li>r( 
it  be  reasonable  n 


be?    Lam 


destruction;  if  every  abuser  or  mil 
be  it  a  small  transgression,  is  it  « 
able  or  probable,  that  any  law  ahi 
H-illi  destrttction  of  the  'body  ?  T 
offenre,  be  il  trvason  or  rebellnm,  > 
illegal  act,  offence,  or  misdema 
hare  the  same  measure  of  pHuisb) 
rule ;  and  the  law  then  doth  DM 
If  a  natural  body,  or  person,  hat 
and  orders  his  servants  to  take  *ih 
he  laked  tbem ;  what  would  ^ia  i 
sides  forfeilure  vf  his  market  f  ' 
a  corporation  then,  not  only  in  sod: 
any  offence  or  miscarriage  lo  lb 
penny,  forfeit  and  lose,  as  in  the  i 
treason,  his  life  or  being,  lands,  gw 
7'hLs  cannot  be  agreeable  to  any  i 
son  of  (lur  law  ;  and  therefore  I  la 
not  be  the  laiv.     The  nelLl  tiling 

Secondly,  The  mischiefs  and  i 
cies  that  inusi  attend  this  doctrin 
torfeilingand  suri'eDdering,  if  the 

Let  us  then  consider,  whethel 
stroke  do  not  make  all  the  corporal 
land,  of  all  sorts,  fbrfeil  at  once, . 


ETcssal!'  All  manner  of  corpoTBlio 
this  rule.  If  ibey  have  tran)^p« 
any  sueb  act  as  makes  forffilure  (a 
carriage,  lor  any  thing  I  can  see 
trary,  dolh)  whether  tlie  corpon 
facto  dissolved  by  the  o^nce  n 
else  by  the  judgment  which  muft 
offen.'K,  to  avoid  all  mean  ads  doM 
poraiicn  ;  all  ihat  they  have  diiai 
inivarnnge,  thev  bate  done  wilbiN 
all  thai  they  Uiiiik  ihey  have  a  tide 
poralion,  they  are  mislaken  ioi 
none.  Perhaps  if  a  parliaiMM 
called,  those  ibrfeiled  corponliM 
fully  send  no  burgesses.  1  d«ait 
the  I  am  mistaken,  or  nol,  I  flnhw 
coniideratiuu  iuni>tigstotl)«n;iij|| 


']    SfTATE  TRIALS^  34  CHAfilES  ll.  1 582.— «jidt  the  Ciijf  of  LandoH.    [I25t' 


ntare  a  Uttle  farther  upon  these  oonsidera- 
of  smraiderB  and  forfeitures  of  corpora- 
i)can  a  hishop,  dean  and  chapter,  preben- 
,  paiBon,  &c.,  surrender  his  corporation  or 
'  politic?  If  they  can,  most  of  them, 
aps,  are  of  the  foundation  of  the  crown, 
wd  their  lands  from  thence.  We  have 
yilBtates  made  to  restrain  their  aliena- 
;:  TtiOfe  of  ({ueen  £liKabeth  did  notes 
to  hinder  theur  alienation  to  the  crown; 
lerhaps,  out  of  hope  of  preferment,  they 
led  to  the  crown,  till  the  statute  of  I  Ja- 
,  cup.  3,  took  away  that  power  also  of  con- 
Djl^  to  the  crown :  Can  these  forfeit  the  cor- 
lions  ?  Perhaps  wc  are  sinners  all,  or  at 
,  as  the  balance  at  some  time  or  other  may 
loidcn  may  be  found  too  light :  We  are 
I  a  point  that  goes  to  posterity ;  fear  and  fa- 
',  what  may  it  do,  and  what  may  it  not  do  ? 
bey  may  surrender  or  foifeit,  what  c/Tects 
this  have  upon  the  whole  ecclesiastifal 
s  ?  If  this  had  been  known  in  the  days  of 
'  Henry  the  Eighth,  perhaps  there  would 

*  been  no  great  need  of  acts  of  parliament 
lake  him  head  of  the  church,  or  to  hare 
ihned  the  monasteries.  Huppose  that  col- 
li hospitals,  and  other  corporations  found- 
hr  charity,  can  surrender  or  forfeit ;  the 
ent  masters  and  fellowN,  and  the  heirs  of 
donors,  may  truck ;  wliat  effect  may  this 
i  upon  them  ?   what  ways  may  they  find 

*  Ako  cities  and  boroughs ;  what  di\isions 
oootentions  hath  it  alroidy  produced,  some 
surrendering,  others  for  defending,  what 
iosities  are  about  it  ?  The  end  of  the  law  is 
Rsenre  the  peace  and  quiet.  Divisions  and 
ations  freouently  end  in  the  destruction  of 
I  parties.  The  citizens  and  burgesses  are, 
ink,  three  parts  of  four  of  the  House  of 
Bmons.  It  IS  considerable  what  effects  this 
r  have  in  parliaments,  our  Uv  ^  and  posterity 
hips  not  a  little  concerned  herein ;  and  if 
sorely  this  is  a  great  case.  But  if  only  the 
'of  London,  give  me  leave  to  see  what  the 
QDseqnences  and  mischiefs  will  be.  Argu- 
atsfrom  mischiefs  and  iiiconvetiiences  are 
ftle  arguments  in  law :  8o  saitli  Littleton, 
By  lord  Coke  upon  Littleton.  And  men 
it  lie  desperate  and  sensual,  that  despise  fu- 

'  mischiefs  and  inconveniences.    And  many 

*  places  there  cited,  Inst.  1,11, 60. 

*  All  their  lands  will  be  gone,  and  revert  to 
Sonon,  and  their  heirs.  By  dissolutions  of 
Orations  all  their  privileges  arc  gone,  and 

'  lands  revert  to  their  donors,  or  lonis,  of 
^  they  were  holden.  Jones  190.  F.  N.  B. 
K.  Inst.  113,  b. 

AU  their  markets,  tolls,  and  duties,  that 
claim  by  prescription  ;  wherel>y  the  go 


leges,  that  the  freemen  of  the  city,  tlieir  wive* 
and  children,  claim,  viz.  to  have  cnstomary 
shares  in  their  husbands  or  fathers  estates ;  to 
be  exempt  from  tolls  in  other  towns,  ports,  and 
markets ;  to  exclude  foreigners  and  unfreemen 
from  using  their  trades  in  London,  and  many 
others. 

5.  All  the  acts  of  parliament  that  give  par* 
ticular  powers  and  authorities  to  die  lord  mayor 
and  aldermen,  or  common  council,  or  corpora- 
tion, respecting  either  the  government  or  jus- 
tice of  the  city  :  as  about  ministers,  and  pay- 
ment  of  their  dues,  buildings,  pa«  iiu(  of  streets, 
sewers,  insurance  office,  and  many  others. 

6.  What  shall  become  of  the  orphans,  and 
all  the  moneys  and  debts  the  city  owes,  and  all 
the  charities  in  the  city  ?  We  have  seen  the 
city  burnt,  and  may  remember  what  a  swarm 
were  unhived  thereby  ;  but  we  never  yet  saw 
it  dissolved,  nor  are  tlie  consequences  measur- 
able. And  though  it  please  his  majesty,  upon 
the  dissolution  of  this,  to  grant  a  new  charter, 
yet  it  will  be  impossible  any  of  these  things 
can  be  presen'ed  :  Their  lands,  States,  debts, 
privileges,  customs,  are  all  personal,  and  an- 
nexed to  the  corporation,  and  must  live  and 
die  with  it ;  the  said  acts  of  parliament  are  all 
fiaced  to  this  corporation,  and  so  arc  the  cha- 
nties, and  cannot,  as  1  conceive,  be  ever  trans- 
tierrcd  to  any  other  to  be  new  created.  A  new 
corporation  can  b^in  no  succession  or  privity 
with  the  old.  If  a  body  fiolitic  be  once  dis- 
solved, though  a  new  one  be  foundol  of  th« 
same  name,  mat  can  have  no  succession  to  the 
olfl,  nor  come  in  privity  to  it :  Therefore  it  is, 
that  in  the  dean  and  chapter  of  Norwich's 
case,  and  in  Fulcher  and  Heyward's  case,  the 
presenation  of  the  old  corporation  is  insisted 
on.  Inst.  1.  102.  b.  If  every  abuser  com- 
mitted by  a  corporation  be  a  forfeiture,  deter- 
mination, or  dissolution,  is  tlicre  any  one  in 
England  not  fbrfeitofl  and  dissolved  ?  Abuse  is 
a  word  of  a  wondert'ul  large  sense :  When  the 
law  speaks  of  a  franchise  abused  or  misuse<l,  it 
is  a|)plicable  to  a  particular  franchise,  as  to  a 
market,  court,  or  tlie  like ;  and  if  that  franchise 
be  misued,  or  abused,  in  oppression  or  misuse, 
contrary  to  the  ends  of  it,  some  certainty  there 
is  in  it :  But  the  abuse  of  a  <-orporatiuii  ex- 
tends to  all  its  acts,  and  all  estates  of  the  cor- 
poration :  and  all  the  pri\  ilcges  uf  all  the  par- 
ticular persons,  and  all  tliut  arc  concerned  in 
them  arc  sufferers  for  every  abu.so,  or  misuse, 
or  mis-act,  or  trespass,  how  small  siiever.  Who 
can  tell  in  the  actions  of  a  person  ivhat  may 
be  taken  to  1)e  ill  or  illegally  done,  or  an  abuse'^ 
Who  will  trust  a  coriioration,  if  its  duration 
and  existence  be  so  fickle  and  intirni,  that  every 

ill 


abuser  or  inisiuuT  shall  forfeit  it  ?  There  wii 
l^Mnt  and  the  honour  of  the  city,  the  public  ■  l>e  no  need  of  officers  to  l»e  amoveil,  thereby  te 
>^  gates,  prisons,  bridges,  and  otiier  edifices  determine  this  corporation  at  will  and  plca- 
li  a  grwt  measure  maintained.  |  sure,  this  position  contains  eni'U^h  to  do  all. 

All  the  debts  owing  to  the  city,  and  all    'I'hese  givat  conse<|ueni-eM,  attrndiisjr  this  doc< 
'  paianal  estate,  by  thedeath  or  ilissolution    trine  of  forfeiture,  are  reasons  to  priivo  the  law 
*  oorporatioD,  will  be  gone ;  but  who  shall    otlien%ii(e. 
^thmP  Ferhaps^  nod  definitur injure.'     |      But  saith  Mr.  Attorney,  (if  1  nmlerstand 

<4il  Ihs  libertMiy  and  customary  privi-  j  him)  we  do  nut  intend,  to  destroy  the  corpo- 


ItireD,  that  fJiall 
ttw,  norc'iiilinueil,  thatttball  neilhcr  be  for 
plmiiitiff  or  linfenJnnl,  that  sliall  lesie  the  cor- 
P<«J^ neirlier  aliie  nor  itenil,  but  in  troHii/a, 

quod   Liberiates  et  t'rnnchesiiE  nnedict. 


^»Mur  ,n  monus  Du.i.mi  Uegi^'  Wtis  ihere 
S^*?  Ji  »**"■  ■*VW  shall  be  understood 
OT  ".   Hbsll  we  be  afWwi.rd«  a  Mirporalion  T 


""  ™>siMniie(i  r. 


iir  1  n 


:li<l  yet   n 


Nfflrt,  M  to  U«e  •uihoritiia  in  bnr  forat; 

1 .  I  tokt  it  U*  b«  a  ijreal  wrtlidriij  for  i_^ 
tlmt  tlicn  U  DO  pt«r«ieMwr  JiidipiMa,«rl>4 
case  nnHliH<e«l  m  TduwI,  I^  oo  a  cvfni 
was  lM'ti^hc(L  ll  liis  upna  tbr  ctlba  ali 
prmliicG  it,  or  kbi'w  it ;  and  no  '  '  * 
wouM,  ir  lliere  had  brtM  iiuv,  but 


nan 


t  onrpnntisD,  m  I 


tt59]  .STATE TRIALS, 94 ChableiII.  i£83— Proentfffi^fMtfwntJkJtii;  [lAP 

tUim.  tllOUgh  we  u;  in  our  ptekding,  tbat  jrou 
liar«  ftiHeitMl  your  old  corporation,  tbat  you 
htvs,  without  nny  lawFul  authority,  usurped 
Upon  tbe  kinii;,  »nd  pray  in  our  rr{ilicBlion,  that 
•de  L3>ertate,  Privilesio^  *^^  Francliesia  i\W 
(vie.  the  beiuf;  a  co[porati<qi) '  abiiidicantur  et 
'  cxdudenlur  '  Tliew  are  but  wnrds  of  torn, 
we  ooly  »ill  lay  the  kin^'H  hands  (gently  upon 
■t,  Mid  seize  it ;  but  the  corporation  ahall  not 
be  deMruyed  or  dissolval. 
-  1  anawer,  thiaiaTranderrul,  and  a  ^realcom- 
pliment  t«  the  cily,  as  I  t«ke  it ;  let  us  itot  flat- 
to*  DT  deceive  oue  anolhsr.  We  are  not  non  in 
ibe  irregular  dayt  iu  the  reconla  inentioned, 
Dorin  surb  sortof  prr<;«cdiiig«U  in  Iboaedis- 
Incted  times.  Letusnot^  bybiiiw)  eonjec- 
tures  out  of  old  records,  atid  bring  in  nnknown 
ways.  VVc  are  ouw  in  a  Uiio  Warranto,  which 
Bs  Mr.  Altomuy  truly  aaith.  ia  in  the  nature  of 
k  writ  of  right ;  ami  a  writ  of  right  is  the 
bigrWst  nrit  thalls  in  the  lair ;  and  the  judg- 
Qtent  tiierein,  and  in  this  Uuo  Warranto  mnn 
be  eooclusivQ  lo  all  parties.  11'  given  aEfainU 
thedeTendantS,  it BiuRl tnacludethem  forever, 
mai  diisoUe  ilielr  corjioratiuD ;  and  if  civen 
■gainM  the  king,  lieshall  never  hercaAernriDg 
it  in  tjueslion  for  any  cniue  precedent.  Rep.  9- 
99.  iaa.  a.  sa  j.  49i.  CoU's  Entries  ^97.  D. 
hub  a  pi«oedent  of  it.  >  ConaideiMiim  eat, 
^ouod  the  defcadant  de  vt  m  Libertntibuai 
*Jmriliegiis,«lFianriie(di)irKd.  in  Inlbnna- 
*fi«iepnedtct'apecificM'nuUi>  mndnse  intro- 
•  n»ttal,acd  abiisiknijieniliiiiexpludatiir,'  The' 
like  against  Feriera,  and  the  Viq^inia  cunipany, 
and  manv  others  may  be  found,  M.  31.  Jac.  'l. 
T.  9.  The  court  cannot  alter  the  judgment,  it 
will  be  erroncoua  if  they  do.  And  to  talk  of  n 
judgment  of  a  seizure,  vrhal  is  :lie  meaning  of 
it,  or  such  judgment  ?  Is  itfioalornot  finali' 
The  court  must  give  a  final  judgment,  tbat  Ibe 
yarty,  if  he  think  fit,  mav  have  bis  writ  of 
•TTOr.  The  coun  will  not  take  any  of  your  old 
racorda  to  go  by,  if  any  such  are  to  be  found, 
Oat  would  warrant  any  utlier  judgment : 
ThereAire  aaeiznre,  withuiK  such  a  judgment, 
UMtdetermines  the  corporation,  cannrit  be  anv 
way  brou)^ht  tu  hum,  as  I  believe,  nor  can  1 
nnderstand  id  wbnm,  by  your  seizure,  you 
would  have  the  old  corporation  to  subnEl. 
Traasferred  from  the  persons,  in  whom  it  now 
sabastB,  I  think  is  irapowUile,  but  dissolved  by 
your  judifment  it  may  be:  And  I  hope  your 
LmUiip  will  not  be  b'duced  by  angular   un- 


pereeive,  any ' 

3.  The  nature  oi 
booki  do  dnchbe  it, 
I  take  it  plaia   unt  uf   the 
Uoapitai,  and  Iba    otbcr   boolL*   thna 
Bep.  10.  92.  b.   -■    "     -   -~       •         - 
agRTe;^    b  ii 
only  in  inl«B>l(nenl  and 
cannot  rom  init  treaaon  or  felony,  kc  oM-tl 

in    person,  cannnt  di    tealty.   niiMl  b* 
prisoned,   nor  auSject  lo  itnbecilitf  <r  ll 
Br.  Corp.  2i.  34.     They   cMinot  connil 
actual  trespass  or  disEasin,  except  taiihrl 
common  seal,   by  comaiond  prM*4m,a 
sent  lubsHiisent ;  When  our  books  at, 
they  are  a  l>ody  politic,  and  rest  or  liaMi 
being  in  intei'idincnt  or  coasideraliM  4 
thereby  is  meant,  that  thej'  arc  by  lair  ai 
to  act  lo  particular  ends  and  intenla  atwH 
to  tbeir  ends   and  rreationi.     Tbeir  iri 
creatioBS  are  only  to  be  Eufascrvtent  n  lk»| 
Ko  good,  and  govcTBtnient,  aad  finiuirtaff 
the  city  or  town  incerporate,  ami  of  Ik  aV 
hers  therwi.     .\nil  it"  there  be  any  sd  ^l» 
the  uicn ibe I's,  that  are  ihe  ikctive  parlot  un 
cor|K>ratiun,  10  an^ruthor  intent,  i'Dd,iif«- 
pose,  thiit  is  not  the  act  ol'  the  corpniMiM 
of  the  particular  members,  and  dieiiah* 
answerable  liir  it.  And  as  lo  (larticuhirinMi 
and  miscarriagci  in  this  case  alledgcif,!* 
Bot  be  denied,  but  tliat  Ibe  particular  ni^' 
are  answerable  Ibr  it ;  and   if  thev,  th"  •'1 
cording  lo   all    books,   they   ooglit  n**"  ' 
douUy  chargenble  or  answerable  m  l**^5i 
cilien.     And  the  argument  cited  out  <^  D"*j 
case,  of  a  freeniiui  convict  of   peijurt    '  ^ 
thereupon  dintTBnch  isrd:,   doth  not  piui*^^^ 
they  slitdl  be  piinii.heH   in  a  double  op*^^ 
for  ibc  I'orporation   is    not  therebv  pa^^^ 
but  preserv«l.     The  beinjr  of  a  body  p<^^^ 
only  a  capacity,  and  in  resemblance  uf  s 
ral  body,  and  no  more  fortieitaUe  than  a 
ral  body.     It  is  apticiiig  and  Ibifciliaf  (t 
ties,  that  we  meet  with,  tiial  is  auc^  ■•  u^^ 
nemlly  spoken  of ;  as  markets,  nmrta,  JL- 
dictions, and  ihe  like:  And   in  Ihet^d  ry^ 
by  arizinc;    the   libertiea  of   a  unrpntlS^* 
meant  ihe  taking  from  i  bent  their  oBieo^J* 
pulliuE  in  Dihrrs  upon  them  for  u  tiaM.    9' 
forleiting,  disHolviiig,  and  daterminiug  die !    * 
politic,  neier  ivas  \rt  done  or  kiwii.  W^^ 
reasonaliie  to  beUeve,  ever  etiteiwl  in  aayi^* 
thoughts  till  ni»w ;  IVir  I    Imve  alreaih  »>^^ 
that  offriices  and  miscarriages,  that  wnm^^ 
iiiitted  by  Iho  corpumtiims  m  ihote  traiUe^^ 
times  of  E.  1,  E.  9,  and  H.  3,  lia-  whdi  »^ 
liberties  were   seized,   were  not  forieiw*  ^ 
AxMaaiaaiJaai  of  tlms*   nwponOieDi ;  ' 


■^ 


» I]    STATE  TRIALS,  34  Chablbs  II.  l688.--aiitf  ih$  City  of  Ijmiam.    [\ft62 


vemain  corporatioiis  by  prescription  to  this 
" :  And   I    have  also    taken  notice,    that 

acta  of  Mrliament,  that  were  maile 
the  auooeeding  kings  reigns,  of  H.  4, 
^  and  U.  6,  are  onLy  acts  of  confirma- 
i  to  the  dties  and  boroughs  of  their  libertiei 
1  privileges.  From  that  time  till  within 
■e  three  years,  1  belicre  it  never  entered 
B  any  man's  tlioughts,  that  a  corporation 
I  fbrleitable  ;  ibr  further  proof  wliereof 
OB  other  statutes,  and  the  whole  series  of 
Iter  is  argument. 

rhe  statute  15  Hen.  6,  cap.  6,  that  provides 
dnst  abuses  and  exactions  made  by  societies 
nrporate,  by  their  by-laws  and  ordinances, 
L  appoints  a  forfeiture  of  10/.,  and  of  their 
nr  to  make  by-laws  :  To  what  end  should 
I  be,  if  the  corporations  themselres  were  for- 
ad,  or  thought  so  to  be  ? 
rhestaloteof  19  H.  7,  cap.  7,  recites  the 
Ate  of  H.  6,  and  the  exactions  and  abuses 
leflowBhips,  by  their  by-laws  and  ordi- 
ices  ;  ana  appomts  a  penalty  of  40/.,  if  they 
ct  money  by  an  unlawful  and  unwarrantabJe 
Jaw,  not  examined  and  signed  by  the  chan- 
kir  sod  chief  justice. 

Ibe  statute  ot*  n  H.  7,  c  6,  sets  forth 
•fvooB  exactions  by  the  fellowship  of  mer- 
nit  adTCBtorers  by  their  by-laws,  andim- 
«lh  a  penalty  for  the  future. 
IWttirtute  88 II.  8,  4.  88  H.  8,  5,  shew  Uke 
jptioiis  by  corporations  upon  apprentices  by 
ir  erdinanoes  and  by-laws,  provides  remedy, 
Is—rls  penalty.  If  in  those  times  it  had 
tt  Ihei^hc  or  imagined,  that  a  corporation 
I  been  Arfeitable,  every  of  these  offences 
ftited  ift«  what  need  fartlier  remedy  P  In  the 
•  of  Uoddy  ami  Weehousc,  of  excessive 
1  by  the  town  of  Northamptom,  Moore  474. 
JEftz.  In  the  Quo  Warranto  against  a  cor- 
ittion,  though  tlie  question  was  concerning 
ir  lalung  tcSl,  and  whether  they  had  ibr- 
«d  their  market,  or  only  tlieir  toll;  no 
«ght  of  forfeiting  their  corporation  was 
vmoitioned.  8o  that  I  thuiK I  may  con- 
4ewith  the  tumukuous  times  of  £(iw.  1. 
iw.  8y  and  Richard  8,  what  wa<i  then  done, 
k  plainly  shew  the  corporations  were  not 
bit  or  dissolved :  That  by  all  tlie  acts  of  i^ar- 
■enft,  and  proceedings  in  almost  all  the 
IPM  of  any  length  or  duration,  from  that 
M  tethis  very  case,  the  opiniunb  and  thongiits 
■MB  were  otherwise;  as  by  the  statutes 
1  transactions  appear :  Not*  one  opinion, 
ik,  or  autliority,  produced,  or  to  be  found. 
ttJMtoonoern  not  only  of  this  ^reatcity, 
Isi  all  other  cities,  towns,  and  corporations, 
■hnntical  and  temporal,  all  depend  upon  it. 
lA^vliek  ■  more  than  all,  the  icry  gf)\-cm- 

t  hf  kw  established  will  be  in  great  danger 
ipB  by  it. 

9mmi  long*  and  tried  ^onr  lordship*s 

^Mn  wtiglit  and  length  of  tlie  case, 

if  Jkknntter,  there  never  having 

••im  Mnr  age,  wdl,  I  hope, 

tAm  vkofe  frame  and 


all  built  upon  general  undigested  notions,  as  1 
take  it,  viz.  that  abuser  or  robuser  of  liberties 
forfeits  them,  without  distinguishing  livtwixt 
one  thing  and  another ;  that  tlic  woi-ds  for- 
feiting and  seizing  liberties,  fouud  in  old  re* 
cords,  should  be  authorities  to  prove  forfeiting 
corporations  or  beings  of  the  body  iioIitic« 
though  no  such  thing  then,  or  at  any  timcsincei 
till  very  lately,  was  ever  thoughi  on  or  ima* 
gined :  It  was  necessary  for  uie  to  ojien  and 
set  forth  these  general  notions,  and  to  expLain^ 
and  distinguish  ;  which,  I  hope,  I  have  done, 
that  it  may  appear  what  the  sense  of  them  is, 
how  far  they  agree  with  law  and  justice,  and 
how  far  not.  And  if,  in  the  doing  hereof,  or 
in  tlie  setting  out  the  repugnant  or  inconsb* 
tent  matters  or  opinions  arising  in  this  case,  to 
maintain  this  Quo  Warranto,  I  ha^c  expressed 
myself  in  any  other  manner  than  became  me,  I 
humbly  beg  pardon  for  it ;  and  that  it  may 
not  reflect  upon  the  cause,  nor  prejudice  it. 

Upon  the  whole  matter,  if  tnis  information 
brought  against  the  body  politic  for  usurping  to 
be  a  oody  politic,  onght  to  have  been  brought 
against  the  particidar  persons ;  if  it  be  repug* 
nani  or  contradictory,  that  a  corporation  can 
iisiu*p  to  be  a  corporation  ;  that  a  body  politic 
or  bein^  can  usurp  to  be  a  body  politic  or  being 
before  it  had  a  bemg,  or  to  be  that  same  body 
poUtic  or  being,  which  it  was  when  it  did  usurp  ; 
if  forfeiting  a  iranchise,  or  liberty,  or  other 
estate,  cannot  determine  or  vest  that  franchiso 
or  estate  in  the  king,  till  the  forfeiture  a]>pear 
on  record  ;  then  the  old  corporation  supposed 
to  be  forfeited,  if  it  were  so,  did  notwithstanding 
and  yet  doth  continue  in  being,  there  being  no 
record  to  determine  it ;  and  consequently  that 
which  is  pretemled  a  new  one  bv  usurpation,  ia 
impossible.  If  by  seizure  into  the  king's  hando 
(as  prelcndedHhe  continuance  of  the  corjHiFa- 
tion  be  inttinucd,  how  inconsistent  is  it  witii  law 
or  justice  to  continue  any  tJiiag  in  the  king, 
that  is  wrongfully  usurped,  and  the  {larties  to 
be  puntshetl,  tineu,  and  committed  for  usurping. 
If  Mr.  Attorney's  replication,  taking  'v»\j»  upon 
our  prcscrijitian  to  Iju  a  coriwration,  and  gomg 
over,  and  alledging  sc^'crnl  distinct  causes  « 
fbritMtures,  canmit  by  law  be  maintained,  and 
in  the  example  dotli  mti-oducc  a  way  to  bring 
all  men's  esta1(>s  subject  t4>  Mr.  Attorney's  will 
and  pleasure,  (tor,  let  any  man's  riffht  Ik*  as  gowl 
as  can  be,  it  will  be  scafce  (lo^ihle  to  defend  it, 
if  such  pleaihngs  as  in  his  r('i>lication  be  allow- 
able by  law)  then  be  the  matter  in  law  as  mucb 
at^ainst  us  as  possrible,  yet  Mr.  Attomry  can 
have  no  judgnieitt  for  h'iui  noon  this  inlV^rma- 
tion.  Next,  supposinj;  the  inlormaiion  all  gfiod 
in  law  ;  vet,  if  the  jiwlgnients,  records,  and  au- 
tlnirity,  tnat  havf  lipf-ii  cited  by  them  for  sei- 
zures, do  plainly  kIicw,  that  seixiires  and  for- 
feitures are  very  difforrnt  in  their  natures; 
that  the  forpomtions  all  continued  notwith- 
standing tlic  Seizures  ;  and  the  seizure  wae 
only  the  king's  putting  in  mayors  aoil  ntficf*r9 
to  art  in  them,  inste-id  (»f  Orbers  elfrt»»»l  or  eoii- 

Istituted  by  the  corporation,  and  tliRV   nnnain 
toKfontm^  by  prcscriptioQ  to  thw  day^  anA 


:3]  STATE  TRIALS,  3*  Charles  11.  l6$2.—Procadings  bet) 
THE 


ttettr  were  Ibrf^ted,  dissolved  or  delmiiined 
by  sucb  aazaree  ;  if'tbe  general  nuthorides  ia 
IwokN.tliat  the  tnisuEing  orabnsipg  a  fraacbiae 
be  truly  appliFiiblctofrancb<ses,(t)iatareeilate8 
and  intereBts  grontalile  or  conveyable  troio 
man  lo  man)  and  aeverwere  inlunued  of  such 
m  tbincr,  as  ia  ratber  a  capacity'  or  b«ng  than  a 
tranchise;  if  iherebeno  case,  or  jircFMent,  or 

Z'nion  lo  lie  tiniDil  for  it  ;  if,  on  the  contrary 
particular  case  riled  prove,  that  where  (he 
cwporations  liare  tiy  luisrarriages  forfeited 
particular  fnuichiKes,  tbej  do  not  forleil  their 
corporalious  ;  if  there  be  «caroe  uiy  corpora- 
tiou  in  Englarlil,  that  hnve  not  at  Bome  lime  <ii 
otlierdoue  soinetbtng  they  ihoiilil  not,  or  emit- 
ted to  do  something  the^  should,  and  therrhy 
ibrleited  their  curnorstjoii,  and  cnnseijuenily 
kll  are  usurpers,  and  their  cnqtorale  acts  Kince 
done  ail  vend ;  il'lhe  corporation  here  hath  done 
nothios;,  but  that  the  mayor,  aldermen,  nnd 
common  council,  are  only  del^rajes,  deputies, 
or  miiustera  of  the  carporation  for  particular 
pai-pOse$ ;  if  tenants,  deputies,  or  delegates 
do  tliat  which  tbey  have  no  authority  to  do, 
they  must  answer  tor  it  in  their  own  persons ; 
bul  (lieir  masters,  or  those  Uint  deputed  or  i 
legated  them  lor  another  piir|)Ose,  they  are  inr 
cent  ;  they  shall  not  snSer  by  it,  though 
BclB  ofpaiiiament  had  hpea  in  tbe  case ;  iftbe 
acts  of  parUament  against  seicing' the  liberties 
pf  the  aty,  for  or  by  reason  of  any  iniscflrriagv 
of  tbeit  officers  or  niinisters,  tOLlend  to  thep" 
•eta  of  lbs  mayor,  uhleriiien,  and  comniu 
council  ;  if  so  be  that  these  acts  were  the  acts 
of  ihc  corporation;  yei,  with  Kiibmi^sii 
the^  haveshettii  a  good  and  legal  riu'hl,  by 
ibeir  custom  and  title,  to  make  hy-Iairs  for  re- 
eolating  and  settling  tlie  WRikcl^t  and  lull»i,  and 
Uial  which  they  have  done  be,  as  plpwded,  rea- 
■onuble,  and  that  there  was  reasonable  ground 
al  that  time  Ibr  their  petition,  wliich  they  ha™ 
■el  forth  ;  if  all  these  particulars  that  'j  hare 
now  summed  up  be  against  me,  then  Judg- 
ment must  be  against  me,  though  I  knoir 
not  what  that  judgment  can  he.  But  if  any 
one  of  these  particulars,  thus  repeated  be  fur 
me,  and  against  Mr,  Attorney,  then  Air.  At- 
toruejr  can  have  uo  judgment  against  the  cit^v  ; 
but  judnnent  must  be  for  them;  nhicb 
1  htimbly  pray.* 


(Chief  Justice 
jfidgment  given, 


jantce  Jones,  justiire   Itaymood,  *A 


*  The  conclusion  of  Mr.  Pollexfen's  Argu- 
ment, and  ivhat  afiemards  passed  in  court 
SioD  this  case,  is  thus  given  \u  the  All  Souls' 
S.  mentioned  in  a  Note  in  p.  B'n. 

Hy  lord ;  1  cannot  well  tell  what  it  is  Mr. 
Altoniey  woulrl  have,  1  have  considered  as 
well  Bs  'l  am  nlilc,  and  1  bi^  his  pardon  if  I  do 
not  rightly  take  things.  He  would  not  have  a 
Jndgment  up'iri  this  corporation  to  dissolve  it; 
(hat  is  a  kin  J'of  indecent  woni,  be  would  have 
•omething  or  other  that  should  do  the  work, 
and  he  calls  it  a  seizure.  Pray  let  us  then 
consider  and  underrtand,  if  we  mo,  what  he 
means  by  this:  Would  he  hare  it  tu  be  Ibr- 
feiled,  and  would  be  have  it  not  to  remain  a 
torjfoiiUoa,  and  yM  would  keout^ 


solred?  whM  would  he  have?  My 
seizure,  without  such  ajodgmenl  a*i 
termine  tlie  rurporntion,  ia  no  vm 
brought  lo  pass,  as  1  believe,  nor  anl 
stand  in  whom,  by  your  aneurc,  y*i 
have  the  coriwnirion  subsict,  I  tbink 
ferred  from  the  itersons  in  whom  it  a 
shia  to  otiiers,  ia  as  ahagetber  inipoa 
that  a  man  that  is  in  his  natural  capai 
transfer  thai  capacity.  And  thix. as] 
bend,  suikea  «i  all  ibat  has  bemi  ■ai4 
of  argiimeot,  but  disKoUed  by  jovt  yi 
that  it  may  be,  but  God  furbtd  thai 
sbonld. 

BIy  lord,  we  do  all  agrwe  it,  that 
of  that  nature,  that  in  itself  so  dilfii 
other  franchises,  that  it  is,  nnlhw  gi 
nor  Iransterrable,  nor  removable  from 
another,  it  is  as  (he  person  of  a  man. 
let  us  bethink  ouraeliea  what  Mr.  J 
would  havesnd  speaks  for:  doeabe  iai 
corporation  shoald  remain  in  being  slil 
shall,  how longsbaJI it  remain?  Tbej* 
mnit  be  final  some  way  or  otlxr,  hra 

K'ty  may  have  remedy,  and,  if  he  v 
ng  a  wiit  of  error,  il'  lie  hate  a  mil 
bul  Ibe  judgment,  it  most  be  Anal,  ■ 
muH  be  Dual,  if  it  does  nut  de(«nMi4 
shall  il  set  the  corporation  t  Shall  il 
where  it  found  it?  No,  Mr.  Aiiotw] 
endure  that,  why  then,  let  him  tell  d 
he  wunid  have  ii?  If  it  must  eontiai 
ti'unsferraUe  7  No,  for  if  the  king  ma 
ilier  corporation  to  day  of  the  same  ■ 
cunnot  succeed   lo   the  old  one  ta  y 

Can  it  be  in  the  kin?  ^  f^^t  the  kia 
iti'  No  man  can  say  ibat  ueitber:  Soli 
not  understand,  I  imiBl  coufess,  wbiti 
Allonicy  would  have :  If  Le  would  have 
dluolf^,  that  must  be,  I  think,  by  yo* 
. :  if  von  do  gitc  jud^meiK  aga 
then  there  is  an  endof  il,  and  tlie  coosa 
not  fit  to  be  mentioned  ;  they  v 
understood  hy  the  little  tliat  has  b«cosa 
fimlier  enlarged  on.  But  that  Mr.  i 
is  against,  he  would  not  have  that ' 
eaus,  and  we  shall  neithor  be  in  bs 
hell,  hut  in  pur^rotory  ;  t  know  twt 
else  he  would  have  us. 

.My  InrH,  I  must  cnnfi-«  I  know  On 

a  great  rase;  and  if  in  Ibis  hat  el| 

I  have  spoken  any  tiling  mare  ligfady,  «l 

than   1  should  have  done,  I  Iq 

LnrdChirfJaiticc.  No,  no,  by«» 
>u  have  token  a  great  deail  of  puntH 
Mr.  PoUexftn.  My  loni,   I  hava«| 

matter  as  freely  and  as  plainly  a: 

things  that  Ktands   betwixt  its  • 

records,  and   what  the   i 

ood  furteitiDg  lib«ilics.    . 


\ 


i6]    STATE  TRIALS^  54  Charles  II.  iSSQ^F-^mid  ike  City  of  London.     [1266 

1.  Tliat  a  corporation  a^^^^freipite  nii<iflit  be 
■eizcd.  That  the  statute  2S  I*:.'  ;{,  cap.  w,  is 
expreaa,  that  the  t'raucliisi>8  and  libiMtiesorthe 
city,  upon  imch  clt-laults,  sbouhl  be  Uikcu  uitu 
the  king's  hands.    And  that  bodies  politic  may 

I  they  will :  And  in  the  next  place,  you  ha?e  set 
up  so  many  independent  common  wt^ahhs.  For 
it  a  corjioration  may  do  nothing  amiss  whatso- 
ever, what  elfie  does  follow,  for  now  I  am  not 
upon  the  point  whether  this  corporation  has 
done  any  act  that  is  amiss,  but  considerins^ 
your  argument  in  general,  when  ^ou  make  it 
a  thing  of  such  ill  conseouenoc  that  a  oori;ora- 
tion  should  be  forfeited  ny  any  crime ;  out  I 
say  now,  to  put  in  the  other  scale  the  miscliii-tfs 
tliat  would  follow,  if  so  be  by  law  a  corpora- 
tion might  not  be  dissolved  for  one  fault  or 
another :  But  let  them  do  ^w  hat  thev  would,  it 
should  still  remain  a  corporation.  'I'hcn  it  is 
plain,  they  are  so  many  commonwealths  in- 
dependent upon  the  king,  and  the  king's  Quo 
Warranto  is  quite  shut  out,  that  in  mighty  oon- 
sidemUe.  For  a  man  to  make  an  ai*gument 
and  to  say  it  wouki  be  very  mischievous,  in  • 
convenient,  or  worse  to  the  city  of  London,  if 
a  judgment  should  be  giv^'u  aninst  it,  is  not 
to  G^)v^n  us,  and  for  ought  that  I  see,  Mr. 
Poilcicfen,  you  have  ai^^uetl  yourself,  and  that 
very  strongly,  that  if  judgment  be  given  for 
the  king  in  diis  case,  it  must  be  no  other 
than  that  tliey  be  ousted  of  their  franchisr. 

Mr.  follexfen.  Sure  enough,  my  lord,  it 
can  be  no  otherwise. 

Lord  Chief  Juitice,  Now  you  say  there 
would  be  a  mighty  great  inconvenience  and 
mischicf,«aiid  we  cannot  tdl  what  may  come 
of  it,  if  this  judgmeut  be  given  against  London 
and  its  corporation ;  surely  we  arc  not  to  be 
guided  altogether  by  what  is  conveiiiuiit  or 
VI  hat  is  not  convenient ;  v»liat  we  are  to  look 
at  principally  is  what  the  law  is,  for  that  way 
the  law  goes,  we  must  ^o ;  and  we  presume 
and  know  that  the  law  is  wiser  tliau  we  are, 
and  that  the  way  that  the  law  has  settled  has 
the  least  inconvenience  in  it.  But  I  could  wish 
with  aU  my  heart  tliat  it  might  not  come  to 
that.  I  do  believe  no  boflv  here  wishes  this 
case  should  come  to  judginent,  hut  certainly 
ibr  those  things  thf^y  must  not  stand  in  our 
way ;  we  must  consider  the  right  of  the  case 
acconliiig  to  law,  and  deliver  our  opinions. 
For  your  precedents  of  all  sides  we  do,  that  is, 
I  do,  and  ail  uiy  brothers  desire,  we  have  them 
to  peruse ;  and  pray  let  us  have  them  on  both 
sides.  IVe  cannot  say  any  more  at  present, 
though  it  is  pretty  hard  U[)on  my  brother 
Withins,  tor  h^.  has'hcanl  but  one  argnmeot. 

>ir.  PoUcjfui,  If  it  lie  your  pleasure,  we 
will  ar^nie  it  again  for  the  city. 

31  r.  Justiire  Raymond.  You  have  had  the 
advantage  cf  arguing  last ;  it  is  not  desired  by 
the  king's  counsi-l. 

Mr.  VolUifvu.  I  submit  it  to  you ;  it  is  a 
gri'at  case,  and  a  case  that  is  singular ;  but 
every  day  will  bring  more  like  it. 

MV.  Ricordvr*    I  ooufew  there  aie  a  great 


being  in  court,  justice  Jones  pro- 
tbejvdgment  of  tlie  court,  and  justice 
rnmid  and  justice  Witlieus  affirmed,  that 
sC  justice  Saunders  was  of  the  same  opinion 
a  tbrm,  and  that  they  all  agreed, 

lie  corporations,  there  is  not  one  of  those 
lontionsin  England  at  this  day,  which 
e  is  no  one  will  undertake  to  affmn.  It  is 
BMible  that  these  should  be  continued  the 
aorporations  when  tliey  were  dissolved  and 
nuBcd.    And  it  is  impossible,  in  our  case, 

this  corporation  should  be  in  being,  and 
vsurped,  and  if  so  be,  it  be  already  for- 
■i  and  we  have  usurped,  it  is  no  reason  to 
■Boe  it  then.  For  ir  a  jiarcel  of  men  do 
ry  10  continue  a  corporation  tliat  is  in  law 
Mved,  that  were  unreasonable,  so  that  what 
Jbtooiey  woukl  have  at  the  end  of  this 

I  cannot  well  tcU,  for  if  you  pray  judg- 
jt  againtit  us  that  the  corporation  shouhl  be 
ihed  that  may  be  done,  and  the  conse- 
feces  are  what  I  have  told  you :  If  you 
''  any  thing  else  against  us,  tliat  can  never 
lyon  record.  Therefore  in  this  case,  what 
do  is,  but  humbly  to  leave  it  to  the 
don  of  the  court  as  a  tiling  of  the 
eonsecpience  I  ever  had  to  do  in,  and 
!r  came  into  judgment  here,  and  u|K>n 
whole  I  pray  that  either  Mr.  Attorney  may 
r  a  Nolle  Prosequi,  or  else  that  there  may 
■dgnent  entered  for  the  defendants, 
tr.  Attomtjf  Central,  And  I  pray  your 
XmiBDi  for  the  king,  and  I  will  take  care  to 
m  nch  a  judgment  as  I  will  stand  by  fur 


Chief  Justice.  Truly  I  think  as  much 
I  said  in  it  as  is  posMjible  for  the  case  to 
9  even  to  every  little  min  utc  thing  on  the  one 
mod  on  the  other,  and  a  great  deal  of  pains 
been  taken  by  both.  Mr.  Attorney,  I 
feoie  you  do  not  desire  for  the  king  auy 
eaiguments,  nor  they  neitlier  that  are  for 
Icfiendants. 

LT.  FoUexfen.,  My  lonl,  there  are  otho* 
ImI  ibr  the  city,  and  if  your  lordship 
■e  to  hear  them  it  is  very  Ijkely  there  is 
e  10  be  said  by  them  than  i  have  done. 
Lr.  Justice  JoncM.  Indeed  I  do  not  think 
»  Mr.  Pollexfen,  that  more  can  be  said 
Lb»been. 

«rrf  Chief  Justice.  But  this  is  one  thing, 
PoUexfen.  that  I  would  say  to  you  upon 
r  aiguoieut,  what  a  grievous  thing  would 
2  if  io  be,  the  being  of  a  corporation  might 
mSatad  or  diasc»lv^,  because  say  you,  it 
mibk  that  all  the  corporations  in  Engboid 
"  be  disMilved  because  they  may  have  com- 
cdsuchthings  that  may  tie  forfeitures.  We 
t  pot  the  scales  equal  on  both  sides.  Let 
hen  consider  on  the  other  side,  whether,  if 
•  that  it  should  be  taken  for  law,  that  a 
mnAon  is  indisstduble  or  cannot  bedi!«solv- 
Br  any  crime  whatsoev  cr,  tlicn  those  two 
■ft do  not  follow; — First,  you  will  shut 
mt  king's  Quo  iVarranto,'let  him  have 
•rsMon  be  can  for  it,  or  let  them  do  what 

*CL.  VIII. 


13671  STATE  TRIALS,  SiCBARtES  11.  iet!.~Proceti!ngt  htlteeen  tkeKh 


offend,  snit  be  parfmirf,  appMM  Hy  the  ge- 
ftorul  afficic  q1  ponloii,  12  Car.  5,  wlierdn-  cor- 
nnrstioR!!  art  panknu^d  ail  crimes  anrt  olRncM. 
Anil  ihe  act  tor  re^nlatine  corporations,  lH 
Cut,  a,  wlilch  pron»Ips  tll.it  no  (ttrnivtslion 


many  eKpresMions  of  nigjniTatiMi  u«e"l  in  the 
niiKcHtlon,  but  «n  sure  no  Inntance  can  be 
ehewn  nf  a  case  of  the  lilift  nature. 

Mr.  Attin-nry  Gtiieral.  If  errr  yiti  CJin 
•hew  mo  lliai  tfib  city  ofXondon  h»«  'lone  >iicli 
eMmvnennl  ill  thhu^  !  wilt  undrrtolie  to  Acw 
f  Ott  a  pn-ccdent  lt>T  it. 

Mr.  Rnorilrr.  In  tli*  time  of  the  Interehrf- 
Bon,  were  thciT  not  ill  Ihb\g«  CTiinigli  ilonc  then  ? 

Mr.  Altornti/  6nr>nL  Nntip,  ronxiilcrinff 
llie  uircumsUnccs,  like  those  that  hate  bci^n 


.  Josiice  3ma.    For  my  part,  I  ^irc  its 
it  liu-ht  in  this  cue  as  I  can  {icKiaiMy  hav«, 
..ire  I  gite  my  opinian. 
Mr.  Altomry  Gtntral.     Will  jtinr  1ortl«hip 


great 
Kefbr 


ic  tinip  for  your  jiidj- 


be  pleated  to  appoint 

Lord  Chief  Justice.  Tbat  w  tob  hard  for  us 
to  (lo  now. 

^T.  AlKyrnt^  Genrrnl.  I  propose  it  only 
tn  your  lordxhip  to  take  yonr  own  time,  ~ "" "" 
foil  plmaici 

IjUrd  Chief  Juttice.  Mr.  Attorney,  if  yon 
niuic  ~ua  flome  ^mc  lowiLrils  iLo  ^nd  of  tho 
Tertn,  poKsiUy  ire  iriay  nay  somewhat  more, 
or  it  may  be  not ;  wenre  not  sure :  itisabusy 
tinit',  anil  wc  liave  a  yreat  m»ny  (liings  to 
consider  nf. 

Mr.  Justice  Jonef.  Crrtainly  nn  man  can 
flunk  that  when  wehaiesomiichbii^iieiis,  iic 
can  Apply  our  thoughts  to  consider  of  such  a 
weighty  nnsinesa  as  this  is. 

Mr.  Justice  Ratimond.  Tliere  arc  a  crcat 
many  precedents  lu  be  looked  into,  and  we 
cannot  studj'  in  Term  time. 

Mr.  Justice  Jirnci.  The  conseqnencesof  the 
Case  are  of  thll  nature,  that  truly,  wilhoul 
^reat  consideration,  I  cannot  give  judgracnl. 

Mr.  Justice  Wlthiio.  ft  has  been  very  well 
argineil  Iraty  on  botli  sides. 

Lord  Chief  Ju^f'cg.  Certainly,  all  that  can 
be  said  has  been  said,  and  the  rrutli  of  it  is, 
Jfou  that  arc  of  the  defendants'  side  have  liiken 
ns  many  exceptions  10  the  in  t^imintiiin  ns  there 
lire  lines,  if  not  words.  So  that  if  I  can  by  my 
notes  recollect  but  one  half  of  them,  I  «tinn 
Ihink  I  (rn  a  ereat  way ;  fur  yon  hure  let  no- 
thing go  by  that  lay  in  your  way. 

Slnrtll,  \2mo  Jimli,  1683. 


tJoitiMts  Bex  v.  Civrr 


ie  Jona.    Mr.  Attorney  Ccncral, 
VthinjrF 


J-ou  wcfe  (ilcsiseil  tii  appoint  this  < 
iiidguient  in  the  Quo  Wtkrrauli), 
prey  TfoatjaisgOieaX  ia  it. 


I  1lUB%l 


ibmi>  (IT  mnhtiyl  to  be  dour,  s 
iheir  charliM  may  be  a<nMtA  far 
thnn  mtsdoup,  or  omHt«d  lo  Iw  donr 
a.  ThM  eiactinj;  and  takinv  mm 
prelendetl  by-law,  wns  <-x1oTfinn, 
feilnre  of  the  ftauchiw  "f  bciiii;  a  t 

Mr.  Justiee  Jmiri-  Mr.  Altam 
hnAi  exhibited  an  Informalioa  In 
a)^in«i  liie  mayor,  commntmlN.an' 
Lowlon,  aodtlittrhy  ehtrgrvxitml 
ufMu  (he  kins'  wiUimit  any  trami 
g!:!^^!,  for  ihesuaceof  a  uiohthntl 
the  i^liilnling  trie  in(bnnslRni,  difl 
and  fVancliiscs  within  ihr  i^  | 
naroelv  to  be  of  theimidns  •  M 
andpolilic  by  Hit  name  of  mayv,  o 
and  citieens  of  the  dty  nf  LoMon,  1 
mmr  tn  plead  ami  be  imptradedi 
mhcr  liU-rtic».  whlcli  became  not  ntf 
in  kidf^ncui  before  nt,  I  th«ll  not  n 
Tn  thin  tlio  dafcndanta  p)«ail  tbtl 
Iiondon  is  and  was,  tinw  oiA  oTmiU 
dty,  Biid  that  the  ci6nns  ofitial  rt 
for  the  thn«  aJhrMaid  barf  been  a  1 
rate  in  deed  and  name,  by  the  m 
mayor,  commmiahy  and  cithEcn*  ■>( 
London,  and  by  vlrtne  «f  that  nomi^ 
time  have  in>p)eail«d  and  been 
Then  they  plead  the  confirmatbi 
liberties  hy  Ma^a  Charta  and  «d 
of  several Idngs.  abd  amrmgit  oilieti 
jesty  that  now  is,  and  cnnctude  b 
"  diey  claim  and  hoie  used  for  i 
le  iiiti>rmalinn,  that  liberty  ami ) 
txi'ly  p-dilic  by  (hat  name,  an 
. .  _c  that  thej  have  usurped  nr  ila 
franchise  upon  theking,  during  the 
infnrmatinn. 

To  this  Mr.  Attnrney  taking  Iiy 
that  the  ritizetis  Of  London  were  nM 
tion  lime  out  of  mind,  by  the  n 
mayor,  coinmnnnTTy,  itnd  citizens  i 
of  London,  traverses  it,  and  for  plH 
the  mavor,  cnmmonalty ,  and  chiWAi 
upon  tbeinsolve^  lo  he  a  body  pnfi 
hare  jMwcr  to  asiunible  theraarlii 
by-laws  and  ortlinances  not  conli 
laws  of  Ihe  kin^om,  for  (be  hate 
ihc  city  and  the  c'ni*ens,  and  the  I 
king's  peace  thrrcin,  djil  upon  pn« 
but  indeed  respecting  llu'lr  own  [. 
anil  pmtil,  and  /Mintrary  to  tTie  iroX 
a  body  politic,  assume  an  onllnfid 
levy  mnney  of  the  king's  snbiecisn 
UNC,  and  in  prosecntion  and  tXtai 
illifpil  and  unjtiTrt  poww,  thej-W 
publish  B  law  lo  levy  money  of  At  1 
jrcis,  ns  well  forrign  nS  OlhtW,  rt 
the  piihlir:  marketti  wittiin  Ihc  ci^ 
pitmsioBs,  rharginy  ihcm  with  ml 
several  pai-Iii;ular  tales  and  SIH 
mentioned,  lo  he  imposed  upOB  lA] 
the  markeis  with  provi-iious  M  (I ' 
Act  thty  sell  «r  not  fidl,  anJlM 
pay,  to  Tw  put  oiU  oftbe  morW;^" 
ten  of  Ihii  law,  tliey  h  at  <:  Ai  OtfP 


'9]     STATE  TRIALS,  34  Charles  1L  i682.— 0«i{  the  Ciig  of  London.    [12/0 

not  excuse  or  avoid  iliose  forfeitures  set  forth 
iu  tlie  replicatiou. 

6.  Tlial  tlie  inforiiiation  aves  well  founded.  . 

Antl  gave  Judgment,  That  the  franuliise 
shouhl  bt!  bei/ed  into  the  kin^^s  hands,  hut  the 
entry  tiicreof  respKcd  till  tlie  kin£|[*s  (deasure 


That  the  Petition  was  scandalous  and 
hHis,  and  the  makii^  it  and  [luhlLshing  it  a 
fitnre. 

lliat  the  act  of  the  common  council  was 
Mft  of  the  corporation. 

That  the  matter  set  foilli  in  tlic  record  did 

!,  exactefl  and  levi^Hl  yeurlv  5,000t.  of 
dog's  suhjccti*  and  converU'd  the  same  to 
'  own  use,  and  this  is  ulledged  to  lie  iu  sub- 
on  of  the  ^km!  government  of  the  citv*  tut 
ippressiug  and  impoverisliing  of  the  km«^'s 
sets  cominfip  to  tlie  markets,  to  the  raising 
C|inces  oi  necessary  provisions,  and  the 
heriting  of  tlie  kitig  and  his  crown,  and 
ivy  to  tlie  trust  reposed  in  them  as  a  body 
|e.  Mr.  Att4)mey  further  charges,— That 
ICM  the  king  the  lOth  of  January,  in  tlie 
I  year  of  his  rei«j[n,  had  pronigued  the 
punent  then  sitting  to  the  20th  of  the  same 
■lyy  bemg  but  ten  days,  that  the  mayor, 
BDonaky  andeiti/cnsofthc  city  of  London 
mnon  council  assembled,  the  13th  of  tlie 
» January,  unlawfully}  maliciousi}',  advi- 
IT,  and  seditiously  took  upon  them  to  cen- 
ihe  king  and  the  pifinigation  of  parliament 
mfie  by  liim,  tliat  they  tirdered  a  jietition 
p  prewnted  to  the  kinir,  containing  this 
ctmis,  seditious,  scandalous  matter;  that 
Im  said  prorogation  of  the  parliament  the 
eeutkm  of  the  public  justice  of  this  kiu<^- 
ly  and  the  making  provision  necessary  tor 
pitiervation  of  the  king's  person  and  of  his 
leHant  suhjects  received  an  interruption; 
ithe  mayor,  commonalty,  and  citizens  so 
pUed,  m  common  council,  maliciously, 
lipdly,  seditiously  and  to  the  intent  that  the 
i  petition  might  be  publisheil  and  dispersed 
m^  the  king\  subjects  to  induce  tliem  into 
ipmion  that  the  kuig,  by  his  prorogation  of 
parliament  had  obstructed  the  piiblic  jus* 
9  aad  to  incite  the  people  to  a  hatred  of  the 
^i  person  and  the  government  established, 
todistorb  the  peace  of  the  kingdom  ;  thev 
ttdain  the  said  petition  should  be  printed, 
afterwards  did  cause  it  to  be  nrintcd,  that 
Qight  be  published  and  dispersed,  to  alienate 
tum  the  people's  affections  to  the  king  and 
government.  And  this  Mr.  Attorney  al- 
|iei  to  be  done  in  contempt  and  scandal 
^  king  and  his  government,  and  fur  raising 
lion  imd  distuihaiice  of  the  neace  in  the 
riom,  and  ooucludes  that  for  these  crimes 
mayor,  commonalty,  and  riti/cus  of  the 
of  London  have  forfeiteil  the  liberty  and 
^hke  of  being  a  body  jmlitic,  and  yet  since 
•  Qtorped  the  tranchistf  uiH)n  the  king. 
1^  this  the  mayor,  coinmonahy  and  citizens 
>ioiotler  say  :  first,  as  to  the  by-laws,  and 
'  thereon  levieil,  that  time  out  of  mind  they 
-  had  public  markets  in  the  city,  that  time 
^  nund  they  Iwve  used  to  pnividi.*  places 
K^  those  markets  shall  be  kept,  anil  stalls 
^Iher  aoooDimodatioiis  fttr  |>ersons  coming 
I^.V^rkets  tosell  provisions,  and  suneyors 
^'ftoen  for  the  reguluiion  of  Uie  maricets 
^  peopk)  coming  thither  i  and  for  de- 


fraying of  those  chan<;<*s,  tliry  have  hail  and 
used  to  have  reasonable  tolls,  nites,  and  sums 
td'  money  of  all  pen»ons  so  coming  to  tlie 
markets  for  stalls  and  such  accommodatiinis 
for  the  selling  of  provisions.  That  time  out  of 
mind  there  has  been  a  common  council  con- 
sisting of  the  mayor  and  aldennen  of  the  city 
and  ot  certain  freemen  not  exceeding  2.>0  an- 
nually electeil  and  called  the  commons  ;  that 
by  customs  within  the  city  time  out  of  mind, 
the  saiti  common  council  nave  maile  and  used 
to  make  hy-laws  for  the  regulation  and  go- 
vernment of  the  markets  and  apjiointing  place 
and  time  for  them,  autl  for  assessing  and  re- 
ducing to  certainty  the  tolbi  and  rates  to  be 
paid  by  persons  coming  to  the  markets  fur 
such  accommodations  there,  so  as  such  laws 
should  not  be  contrary  to  the  laws  of  the  land. 
That  this  custom  is  continued  by  Magna 
Charta  1  £.  3,  7  It.  '2.  That  after  tlie  burn- 
ing of  the  city,  and  the  alterations  thereby, 
divers  c^introversies  and  questions  did  arise 
alniut  the  markets  and  the  lolls ;  that  they  did 
make  the  ordinance  by  which  the  rates  and 
tolls  charged  in  the  replication  were  orderc«t  to 
be  paid.  AimI  then  they  say  those  rates  were 
reasonable  to  be  receive<l,  and  those  were  all 
the  sums  that  were  receivetl,  and  that  then^  is 
no  onlinance  fur  raisuig  monev  in  any  othpr 
manner,  made.  As  to  the  other  breach  as- 
signed, that  is,  the  petition,  .the  mayor,  com- 
monalty, and  citizens  say  in  their  r^oiuder  ; 
tliere  was  a  plot  against  the  life  of  the  kinff 
ami  the  Protestant  religion,  and  they  set  forth 
all  the  proceedings  ujran  it,  the  several  at- 
tainders antl  uniieachments,  of  the  lords  in  tha 
Tower,  in  parliament  depending,  the  king's 
proclamation  declaring  the  dangers  of  tlie  Pfot, 
the  proc(.*edings  for  the  trial  of  the  lords,  and 
divers  1>ills  for  the  preservation  of  the  king's 
|ierson  and  the  Protestant  religion  bcjoui  and 
dependhig  in  that  parliament,  the  aflhghtment 
of  the  people,  a  petition  from  somp  of  them, 
and  that  thereuiMni  the  mayor,  aldermen,  and 
common  c.*ouiicii,  in  common  council  voted  a 
Petition  to  be  presented  to  the  king  in  the 
name  of  the  mayor,  aldermen  and  common 
cnmiicil,  which  they  set  fortli  in  hue  vcrbtij 
and  aflerwards  caused  it  to  be  printed ;  and 
this  they  say  was  to  allay  the  fears  and  trou- 
bks  of  tlie  Citizens,  that  is  the  said  Petition  in 
tlitr  rifplicatioii  mentioned,  and  they  deny  any 
other. 

To  this  there  is  a  demurrer  joined  as  also 
there  is  to  the  other  ;  after  that  5Ir.  Attorney 
has  shewe<l  that  the  markets  are  not  at  their 
charge,  but  are  by  act  of  parliament  niain- 
tainerl  by  the  public  charge,  uy  an  iiifjiiisition 
ufHm  coals,  and  so  the  wliole  arrests  ujmiu  a 
demurrer  ujion  those  pleaduigs. 


1271]  STATE  TRIALS,  SiCuABLSS  Tl.  \6&2.— Proceedings  betwttJi  tie  Xia{ 


opinion  in  tHnmbtta. 

And  Bceonlingly,  after  eolry  mule  by  Mr. 
Attnraey.Tlial  as  to  llie  issue  joined  to  be  tried 
by  the  counlrj- ;    as  to  Ibc  clainiing  tu  have 

This  case  bus  been  twice  very  snlenmly  and 
daboralely  arg'ued,  and  on  both  sides  as  rniicli 
•aid  fts,  in  my  opinion,  can  be ;  it  now  stanils  for 
tbe  judgment  of  thi»  Coui-tbyau  order  of  ibc 
last  term. 

I  did  Qot  imagine  till  very  lately  that  it 
would  bafe  been  my,  part  to  hn?e  delivered 
the  judg-ment  of  tbe  Court,  pi'esiTming'  mj' 
lord  chii-f  jiiBiice,  whose  projier  protince  il 
.was,  inigbt  bave  b«en  here  to  bave  done  it 
Jumself.  Bat  bis  b(lis|>osilion  bas  cast  it  upon 
me  uneTpectedly.  In  Ilic  ar^ioents  of  tilis 
case,  there  are  many  t<ook-cases  besides  prece- 
deots  and  other  authorities  in  ftncienl  records 
vhich  were  cited  on  bolb  sides.  I  bave  care- 
fully peraiieil  the  book  cases  and  authorities 
'  most  of  ihcm,  in  tbe  oo(n>s  of  tbem,  hut  some, 
■  which  I  esteem  of  tlh^  irrMktegt  weiglit,  upon 
view  of  tbe  records  of'  ihcmseltes.  I  hare 
seen  also  and  diligpollv  perused  sucb  ex- 
•  tracts  out  of  the  city  bonks  and  ndier  records 
«5  on  that  «dc  were  thoiiifht  fit  to  be  shewn 
nutn  me,  and  I  bave  observed  a  perfect  accord 
l>etwi>'t  cojiies  of  those  tiling  wlucb  were  deli- 
vered on  both  sides,  by  which  I  conclude  that 
all  tliecnpiml  liave  Been  on  either  aide  were 
foitli fully  transcribed. 

Upon  great  considerations  of  tbe  argnmeDts 
on  both  side^,  and  tlie  most  mature  ileliiieralLou 
I  could  make,  1  came  to  a  resiilutian  in  my 
own  thoughts  lancbiog  this  great  i'»>*  iu  ques- 
lion  ;  I  |iret)ume  my  brethren  here  hare  lakeo 
equal  pains  itevenilly  and  apart  fur  the  settlini^ 
tbcir  jud}faients  in  this  important  case.  But 
for  our  mutual  assistani.'e  tonich  niher,  we 
have  had  several  touferences  amongst  our- 
selves, and  Ukewise  with  my  LonlCbiclJiisticc 
Saunilera,  nliom  we  all  attended  very  lately  ; 
and  we  are  all  unanimously  aifrcetl  to  one  and 
the  same  opinion  in  this  whole  matter,  which, 
because  in  tbiLt  little  lime  allutled  lo  me  fur  this 
business  I  have  not. been  able  lo  digest  into  a 
formal  ar^nient ;  I  shall  iheretore  briefly 
deliver  tbe  resolution  of  us  all  upon  all,  or  ihe 
roost  material  [wiuts  debated  in  the  argumf  nts 
of  this  case. 

First,  Tlien  as  lo  the  great  preliminarv 
point,  Whether  a  corporation  a^refjate  sucli 
as  the  city  is,  may  be  furleiled  or  Keixed  into 
the  king's  hands.  We  are  of  opinion  tliat  it 
may,  upon  hrvacb  of  that  condition  nhicb  tbe 
law  unnexes  to  il,  which  is  a  trust  lor  die  good 

foiernment  of  the  king's  subjects  committed 
y  tbe  king  to  the  roqioration,  and  therefore 
an  abuse  of  that  trust  and  condition  thereupon 
may  be  a  just  cause  of  forfeiture  or  seizure. 
And  this  seems  evident  bevnnd  all  contmdic- 
tjon,  upon  the  point  of  seizure  into  the  king's 
hands  W  Ihe  xtalute  of  Sb  E.  3.  cap.  lo.  By 
which  lor  tbe  tbinl  de&ull  of  the  good  goreru- 


and  lo  bold  sessions,  '  ^uod  ipse  pra 
'  Rege  ullfrius  non  vult  jtrosujii ;'  J 
is  entered.  [See  the  Latin  I'leadiagM 
of  the  Case]. 


ment  of  the  mayors,  sberilis  and  tUm 
franchises  of  tbe  clly  is  lo  be  Mini 
king's  bands. 

And  as  tna  lnrfeilUT«,  it  seems  to  I 
by  the  general  act  of  obliviua,  Lj  \ 
buJies  curpurnte  and  iiuliiic  u  ncD  i 
natural  ai-e  pardout;/,  -ndaiibi^a 
peccable  and  witliout  fauti,  so  1lI.v*M 
not  freed  from  a  being  baUe  M  M 
those  tiiulls,  in  that  they  come  mthint 
of  the  &ut  of  oWvion.  It  is  UkewiM 
the  very  act  for  regulating  coq 
whereby  it  is  parlicularly  prnviiled  tbi 
act  or  tbin^  dune  or  omitlrd  before  I 
no  corporalioD  should  beaioiiled,»lui 
intimates  and  inters  that  a  corpnoiti 
be  avoided,  for  some  act  done  or  lb 
mitted  by  it.  And  if  tbe  law  tbouU 
wise  it  would  erect  as  many  indtpci 
pnblics  in  the  kingdon)  as  ther*  k 
ralions  aggregate,  which,  bow  felat  II 
prove  lo  the  crown  and  the  giiienui 
established,  every  man  may  euaty  cm 

To  the  2nd  pomt,  we  arc  <d  Ofsni 
Ihe  as'Uining  a  power  by  the  mil 
llionally  ana  citizens  of  l»nriou, 
by-lawB  to  levy  money  npoii  the  sul 
ifie  levying  vast  sums  of  iuiin<'j  lirf 
great  oppression  ujion  the  pei^plr; 
seiinenlly  a  breach  of  tliat  tru*t  U'  Is 
is  reposed  in  a  body  jwhtii:  for  I'.e  < 
tbepeople,  and  so  ajust  caU'W  nt  lii' 

TlLirdly:  Weare  of  opinioo,  that  i 
tOTichinjr  llieonli-riug,  exhibiting,  au 
the  Petition,  so  sttunblous  tu  tbe  kin; 
vcmuient,  so  dangerously  tetiduig  I 
diii'tionol'  his  subjects,  toadhdike  i 
of  his  person  and  government,  lod  u 
lending  to  snhtion  thereby  and  k! 
another  just  cause  of  fbrfeiture. 

Fourthly:  Weareof  opinUin ;  ibal 
are  the  acts  of  the  cnqwratioo,  b(i 
leilg'il  by  Ihi'  repli<-aliun,  and  not  s 
answered  by  lite  r^oinder. 

Filihly  :  We  are  of  "pinioD,  thil 
in  tbe  refiiinilar  iloes  either  so  juHi'] 
law  for  levying  money  aod  thelevjii 
thereupon  ;  or  so  excuse  tbe  orwn 
biting  and  printitig  that  scandobM 
that  they  do  not  still  i«aiiun  auffiaii 
of  seiznre  into  the  king's  hands. 

Sixthly:  Weareof  opinion,  nM 
mation  as  il  is  e.thibiled  is  nell  fiW 

Lastly  :  That  upon  liiis 
far  the  matter  and  uibstl 
form  of  pleading,  judgmeDt  a 
and  ]l  is  the  juittriteDtof  d>'~ 
franchise  and  Imcr^of  ]j~ 
tbe  king's  faandi. 

Ux.  Attgaitj/C 


73]    STATE  TRIALS,  34  Charlbs  II.  i682.— mif  ike  CUjf  of  Lonitm.    [1274 


Aud  DOW,  coDaideriDg  this  our  diftressed 
condition,  we  humbly  %SisX  ourselves  at  your 
royal  feet;  imploring-  your  princely  com- 
passion and  grace  to  te  extcndcn  to  tfiis  your 
ancient  city  ;  most  humbly  begging  your  nui« 
jesty's  pardon  for  all  our  offences. 

And  we  do,  in  the  name  of  ouraelres,  and 
all  the  citizens,  humbly  tender,  and  pray 
your  majesty  to  accept  the  roost  soleuui 
promises  and  assurances  of  constant  loy- 
alty and  obedience  to  your  majesty,  your 
heirs  and  successors,  and  of  our  regular 
and  dutiful  administration  of  your  govern- 
ment of  this  city,  for  the  future :  wherein 
we  submit  ourseUes  to  your  majesty's 
good  pleasure;  and  humbly  beg  your 
majesty's  commands  and  directions,  wuich 
we  will  with  ail  humility  aud  thankful- 
ness obey. 

And  your  petitioners  shall  ever  pray. 

Afler  the  reading  of  which  Petition,   the 

i*bat  v«ur  potilionors  are  deeply  sensible  of,  |  '«"*  f^^l^  "*^"*'''  and  dtixens  were  com- 
r  -,.i.«»,..|«-hr«  til/™.t  fe.o„i  I  man<l«l  to  withdraw ;  and  being  again  called 

m,  the  lord-keeper  (North)  spake  to  them,  as 
followeth  : 


w  humUe  PETITION  of  the  Lord  Mayor, 
Aldermrn,  and  Commons  of  the  City  of 
London,  in  Common  Council  aqseiubled, 
as  it  was  preKoted  to  his  M^esty  in 
Council  at  Windsor,  upon  Monday  the 
18th  of  June,  1683.  Together  witb  the 
Lnrd-Keeper  (North's)  Speech.  [Pub- 
lished by  his  Majesty's  Special  Command. 

I  the  Kmg's  most  Excellent  Miyesty  :  The 
biunble  pErmoN  of  the  Lord  Mayor,  Al- 
dermen, and  Commons  of  the  City  of  Lon- 
don, in  Commou-Council  assemlded : 

Bbeweth ;  That  your  petitioners  are  heartily 
dmost  unfeignedly  sorry  for  the  misgovern - 
m  of  his  your  City,  of  late  years,  whereby 
■  dtiiens  have  fallen  under  your  majesttyVs 
^pleasure ;  which  occasioned  a  Quo  War- 
■lo  to  be  bmu^ht  against  tlifin  ;  upon  uliich 
dgnient  hath  beeu  pronounced  tor  tlie  seizure 
their  liberties  and  tninchises  into  your  ma- 
My*s  hands. 


id  thankfully  ac^knuwledge  the  great  favour 
this  op|»oi't unity  of  appli«aUiun  to  your  royal 
^iCH,  ,vouc*hsiil.'d  tliem  by  nieaits  of  your 
■jr(ty*s  not  mjuiriitg  juiigment  to  be  im- 
Huit'ly  ciiKM  I.   iiiTinipon. 


beg  tins  favour  <A  lue  Court,  that  the  clerk 

m\  nut  enier  judgment,  till  1  have  attended 
Inuw    tlie   fuitUfT   pleasure  of  the  king 

Niotit. 

Mr.  Justice  Jtm€i,  Take  notice,  Mr.  Astrey : 
fia Mr.  Atti»rney's d^ire  that  Judgiiientbe 

91  Riteretl  Ull  the  king's  further  pleasure  be 

Si  n. 


My  Lord  Mayor ;  I  am,  by  the  king's  com- 
mand, to  tell  you.  That  he  hath  considered  the 


judgment  should  not  be  entered  till  his  ma- 
jt-sty's  pleasure  were  further  known.      This 
was  generally  looked  upon  to  make  the  citizens 
resiiJ^n  their  own  liberties,  instead  of  being  con- 
demned to  a  deprivation  of  them.    On  Mon- 
day the  18th  of  June,  a  Petition  of  the  lord- 
mavor,  aldermen  and  commons,  was  presented 
I  to  liis  majesty  in  council,  confessing  them- 
Mr.  Justice  Raymond.  As  my  bnither  hath  |  selves  most  heartily  and  unfeignedly  sorry  for 
Hhcred  our  o]H.noii,  su  it  is ;  we  «tid  all  agree    the  iiiistTOvernment  of  the  city  of  late  years, 
every  point,  and  my  loid  chiel  j;istice  de-  >  whereby  the  citizens  had  fallen  under  bis  ma- 
ired  nis  opinion  to  be  the  same  upon  all  the   jesty's  displeasure,  and  judgment  had  been 
"""'  "'       ■  *  '"    pronounced  against  them,  acknowledging  the 

great  favour  of  his  majesty's  not  re<]uiruig 
judgment  to  be  immediately  entered  thereupon  ; 
and  considering  this  tlieir  (listressed  condition, 
they  humbly  cast  themselves  at  his  royal  feet, 
imploring  his  princely  compassion  and  grace  ta 
l»e  extended  to  this  his  ancient  city,  most 
humbly  begging  his  majesty's  pardon  for  all 
their  ufiences,  and  promising  to  submit  them- 
selves to  his  majesty's  gcMKi  pleasure.  After 
the  it^adingthis  petition,  the  lord-mayor,  al- 
dcnnen  and  citizens  were  ciMnmaudcd  to  with- 
draw :  and  being  again  coIM  in,  the  liord- 
Keeper,  in  a  speech  t«»ld  them,  That  his  ma- 
jesty would  stni  show  the  city  all  the  favour 
they  could  reasonably  flesire  ;  and  tliough  ba 
had  obtained  judgment  in  a  Quo  Warranto,  it 
was  not  his  intention  to  prejudice  them  in  their 
properties  or  customs.  That  the  city  hail  not 
been  well  adviMil,  to  defer  their  application  to 
his  majpstv  thus  long,  even  till  the  Court  had 
pmnoimceJl  judirment:  it  might  have  been  dona 
with  much  t«^lU  r  grace,  if  it  had  lieen  more 
early.  liowcvir,  his  majesty  would  not  re;ect 
their  suit,  if  they  agreed  upon  the  particulars 
the  king  did  now  require  of  lUcui:  tot  ^j*^'^ 


■red 

iJBli,  to  us  ;  that  there  may  not   l)e  any  ill 

Rnaiites  abroad,  that  we  difierod  in  opinion. 

Mr.  Justice  Wit  hens.  I  uus  likewise  with 
ly  brvitbers  t'l  wait  i<|Min  my  lord  chief  jus- 
De ;  and  there  all  tlu«e  points  were  gone  over, 
ad  my  loni  was  |N.«r.'ectiy  of  that  opinion  in 
ilbe  points,  as  had  been  told  you  ;  and  we 
incurred  H  ith  him  in  every  one  of  tlieni  upon 
>«  nsasQiiH  that  have  iMt'ii  given.  And  it  itf 
^opinion  ofthe  whole  Court." 

Mr.  Uach,  in  hit  edition  of  Show  er's  Rc- 
M,  has  gif en  at  the  end  of  sir  Bartho- 
■■ew's  Keport  of  this  CaM*,  vol,  2,  p.  563, 
■•e  account  of  what  has  U'en  said  of  tlie 
■te  of  this  judgment,  and  as  to  the  judgment 
'■g  niconled. 

BUwp  Kcnnett,  3  Compl.  Hist.  (Qml  «l.) 
T^  "  Jww?  J«i  the  Court  of  King's- 
■.m  the  absence  of  the  Lord  Chief- Jus- 
!•  Jiwgment  for  the  king  upon  the 
"*■"*"  w«t  the  franchises  ami  liber- 
""-••ilon  be  seized  into  the 

was  pleased 
4 


iiS7S]  STATE TBIAL^  OiCl^ARLssn.  l6&l.—Proteedingti  btlKtmOuKi^ 


biimble  Petition  of  llie  cily  of  Lonilao,  wbete  lo 
many  of  (lie  preseiit  magistrates,  and  otlier 
eiuiitent  citizens,  are  uf  undoubted  loyally  afld 
atfection  lo  liU  service :  that  for  thdr  aaites. 


he)  hid  majnty  requires  your  sutimbirion  to 
tfap-se  r^iUatiotiG : 

"  '  1,  That  no  lord-mnyor,  sberiff,  reeordur, 
romoion-seiieiuit,  toira-clciit,  or  coraner  of 
thecHj  of  lflndon,,or  Kteward  of  tbelmrougli 
of  Southwa.rk,  shall  t>e  capable  of,  or  ailrnitted 
to  llie  raceroise  of  Ibeir  respcetire  offices,  before 
hh  majesty  shall  hare  apjtrored  tkeiji  uuder 
bis  sign-mBDUBl. 

"  '  S.  That  if  his  m^esty  shall  disapprOTc  the 
<Aicnrp  of  any  person  (o  be  lord-mayor,  aiid 
Bjgnjl'yllie  same  ondrr  his  sign -manual  to  llie 
lord-mayor,  or,  in  defiudl  (it  a  lord-niavor,  to 
tlie  rreorder,  or  senior  nidcnnan ;  the  cili- 
sens  shall  within  one  week  prneeed  lo  a  nuw 
chuiee  :  and  if  his  niajesry  shall  in  libe  niaunei- 
ttinapprove  (he  secolA  choice,  liis  mijesly  niiiv, 
if  be  please,  aominatc  a  peraon  tit  In:  lurd- 
■DUyvr  fur  llie  enatiuig:  year. 

'"3.  If  lu»  nmjusty  ^11,  in  like  mjuner, 
disapprove  the  jter^ons  ehostn  to  be  EherilTa,  ur 
either  of  them  ;  hie  majesty  may  appoint  per- 
KHu  to  tw  sbcrit[s  for  tlie  eusuiog  year,  by  bin 
«imTiU*E«ion,  if  hcso  please. 

"  The  X-oid-KBep«  told  ihcm,  ThattbeBp 
reoulaliDiu  tieiog  luode,  his  mnjesly  would  nut 
OiiTy  pardon  this  proseeutiun,  hnt  confirm  ftrir 
chiuler  iu  such  tDouner  as  loav  be  connsl«ut 
with  theiu :  ooncliuling  ibns ;  My  lord-mayor, 
ilic  term  di-uiv!<  tciwarcTan  ^"^i  and  Midsum- 
mei'-day  'm  at  hand,  when  some  of  the  nffieers 
nsc  to  be  dioseii,  ubereof  bis  majesty  will 
reserve  the  approbatian ;  thcrrfore,  it  is  his 
majeaiy's  nleasute,  that  you  return  to  the  city, 
and  consult  the  coinnkon-coiincil,  tliut  he  may 
speeitily  know  your  resolutions  uereupon,  and 
acconbngly  give  liis  dirccliODS.  Tliat  you 
may  see  tlie  bmg'  is  in  earnest,  and  the  matter 
is  tiot  capable  of  deMy,  1  am  commanded  to 
let  you  kuow,  liehath  gi>en  order  to  his  attof' 
ney-s[eneral  to  pnter  up  judgment  on  Satur- 
day nest,  unless  jou  prevent  it  by  your  com- 
pliant^ in  all  these  padiciibii's.  A  enmtuun- 
cnuncil  was  held  at  Iheir  return,  to  consider  of 
these  proposals ;  and  the  question  being  put, 
Whether  tliey  should  assept,  and  submit  lo  liis 
TO^esty'ii  order  of  regulations  ?  It  was  tar- 
ried in  the  affinaati\e,  by  a  majority  nf  18 
voices  :  aail  this  submission  was  presented  to 
lis  majesty  on  the  2lElqf  June." 

The  foHoiving  estnicts  from  the  London 
(iazettes  exhibit  some  pArlieulurs  of  the  con- 
duct reepeoting'  corporatians,  to  which  king 
James  had  recourse  in  appreheosion  of  the 
UuUog  of  tbcr  prince  of  Orange.  See  also  his 
Mndtiel  towanls  MaKilalen-Culleae,  in  tbe 
Bapoit  in  tliis  CoUeotion  of  Ihi:  Proceedings 
•gaiiut  ibal  society,  ^.  a.  16B7- 
Ho.  238S.--London  Gazettf,  from  Tbiuwjay 
OcU^  i%  to  Uouduy  Oct«b«r    Slh, 


bis  mi^ty  will  shew  the  cily  a 
(h^*  can  reawnably  desire. 


"  L/indon,  Oct.  eth.— His  maJMr  b 
plea5«d  ^ciously  to  restore  lo  tta 


upon  ta«  OuoWnrranlv;  ibcti 

uourable  Ae  L/ird  ChauccJlor  ef  Eoifi 
tbcra  lite  huoaUT  to  bring  d»i>u  (Ud  < 
instnunent  of  rcatinuion  anl  cnoSi 
under  Ibe  great  seal  of  Englanil,  fur  tt 
pose :    And  sir  John  Cbapmaii  thof 


e  of  Oie  mat 


japmaii 
stituted  lord    mayor,   uuttl  the 

teriiig,  according  to  the  andent  eisS 


Simon  and  Ju< 


lite  (^'li 


',)  wa«  tworn  in  ihe  Gnildhi 
ino  iiMua^  soknmity,  m  the  prt-Sencet 
great  number  of  citizens  wliotestiliedi 


ind  salisfection,  in  this  bismajeslj'tgi 

_  by  their  foud   atid  (i 

Dcclnmalions.      iTie  same  dny  tbe  ^ 


,  . .  __  bni^)  that  were  at  the  tim 
wld  judgment  looli  their  tbrmer  pliq 
llu!  vacancies  will  be  supplied  by  ihe 
of  tbe  citizens,  according  to  the  anrint 
of  the  (Sly. 

To  Ihe  King's  ttuMi  Exorilent  H^ 

"  We,  vour  migesly's  loyal  and  dulj 
jeets,  the  lord  mayor,  aldisineii  and  tit 
your  city  of  l>andon,  humbly  tecaui  a 
lieftrty  llianks  to  your  mi^e^ty,  for  ll 
grace  and  favour  sbewu  to  the  ciliicoa 
city,  iu  restoring  to  them  tlieiraaiioitl 

111  franchise,  ami  we  beg  leave  tt 


Jour  majesty,  that  we  shall,  with  all  b 
Ikitbfulness,  cbcadiilly  and  readily,  tu 
hazard  of  our  lives  and  fwUt 


charge  tlie  trust  reposed  in  U5  by y«Nr 

ly,  according  tu  the  avowed   priocipls 

uliiircb  (if  Eiigland,  ill  ddenceofjixiri 

and  the  established  goveriimenl." 

"  To  the  King's  most  Bxcdient  Br^nt} 

humble  Address  nf  your  Majcay'i 

missioners  of  the  Lieutenancy  <■  ll 

of  London. 

"  We  cannut  but  with  enlarged  ba 

bl«  acknOHltalg^cnls  of  your  pecsli 
and  acts  of  bounty,  au»l  mercy  itV 
yunr  ancient  and  litnious  cily  of  Id^ 
amidst  the  many  and  mure  unpoctul^ 
that  might,  at  tliis  juncture,  emfl^ll 
up  your  royal  thoughts,  have  not  f 
uBHitbout  a  security,  but,  by  Ail  Ji* 
have 

Btitule  of  our  own  boily  such  oi 
hope  and  doubt  not,  wiu  prote  m 


S  TRIALS,  34  Charles  II.  iCs?^-HiMlArrM^  of  /4»im/on.    |  i^;.* 

iHvr  %ht  AflfWuifii  lo  ItiH  rmtilv  nl'jtiMiiv,  imhiM 
|irtiTok^  him  to  It. 

III!!  iituji^y  hiMl  |intii*ni<««  imiil  iltmiHlm^  iti^n 

l^rOWti  IXI  tliHt  hiHkflit,tltiil  iMilllltiK  InM  mwiiiimI 

our, and  Muliniihiiry  :  And itr tdmii  iiiurn umrit 
ami  favour,  bi^ii|f  riuudvi-il  ffn  itmiiirii  niid  piii  nil 
uur  I'itifM,  tmviin  and  Imniiinlia  In  ICii(fliiiMl  mitl 
Walm,  and  alwi  onr  inwii  nf  llnritirli  iiinui 
TwihnI,  lnt«i  tint  MIHU1  hiaiM  nihI  <f mtltlinn  iiiBy 


nirses  of  tlie  cofTee-hniitf!! ;  th^ 
plilets,  and  libels  ifaiily  pub- 
■sed  thence  into  all  juiiis  oi'  the 
hra^reoiM  tumults  in  the  streHu ; 

our  majcvtv  \A'  oar  eheorfui 
gainst  all }  our  majesty's  cnc- 
disturb  your  peace  upon  any 
ver. 

im  Monday,  Oct.  15,  to  Tburs- 
,  Oct.  18,  1688. 

Hy  the  King : 

4,  for  restorinf^  CorpfiratiouJi 
moient    (.'liartent,     lil>ertieM. 
Francliises. 

Whereas  we  are  informed  that 
snrreuder,  which  liave  iMfcn 
several  corporations  and  bodies 
I  in  our  cities  and  towns  within 
'  Knglaud  and  dominion  of 
.'barters,  franchises,  and  privi  - 
et  recenied  or  iumlied  :  And 
oceedings  and  nde^i  for  juAu- 
re  lately  be«n  had  n^»n  tni* 
or  Informations  in  natnre  of 
>.  jndgnjf'ms  ar»i  n^it  vet  en - 
d  :  \\  her«*upon,  notuitfi^tand- 
n  hare  l*en  ^raiitH  in  th^ 
dfHT  brother,  and  m  onr  r»iffn  r 
<1<  ^Vrnw-  vjX  iar^lerf  'yr  r*- 
:•.  -sfrt  jJTiVf.  'rr  'm  law  iriakf-  anT 

<. :  It*!  ■■:/'.  K  'if  rht  "flud  'Tir- 
*«  v.^.T-r.  rz^'.-if.  ^K>tr  n?^ 

: "   tr*  v.r.  tf.r«v.»->'.'T^^  v  f'^^ 
T"  T    -1   *•    '.'••-    :rnp»-  v.  iMr»* 
:?«    ^  ■:'.i*  wsni*  •'Hiks^  nut  *rt^' 
!    r..  wi!    V.    •.i«w»v.iiri'«  11*  'r* 
»  urn  »;fl»;r:i   "in*   nn-i  V   \' 
.•!i:'rni»nr    ww.    ti»:Ui   \^   uv 

m 

»r-n.-n  »;iit   ••?.iinini«*itn  iim<«» 
•■.rn  "Ttaf    *.ie  1t»^sfti  ii'  Aii«*«nffi*r 
lin-irlniir    «ii!     \nflip9    )f\Hf\««    ^^^ 


woru  and  wa«,  iniNir  lain  di«ar  liririlM>r'R  f*^\\i%%, 
lud'ortf  any  diMid  of  siirrmidfr  wii«  iiHifln  of 
their  chartiirN  or  friini'liiM<k,  or  |mHvtMhnifa 
agninst  iIkmii  or  Iho  ifiirpiinitiiin*  ih  IrfMlina 
politic,  in  or  of  ihi'  said  rltim,  fffwnft^  oi  hii  - 
rmif(1iN  upon  any  Quo  WiirrHni«i,  oi  Hiftiriiin* 
tions  in  llir  nntiiro  of  a  Qi|f»  IVNrrJiiilii  IimI  •• 
Wodo h««nfliy,  thifrHhnMHiliUiih,  dM'tsrtt,  lUrnoff 
and  rsfjuh^i,  Tliat  thf  Mid  r<ir|«««riiiiffiM  snd 
boilimi  pioHlff!  and  Miqiffrst^  of  all  iImt  Mid  ^HMw^ 
tiFwns  and  bor<iUKh«,  wlMHin  iImhI*  of  ^tfnn¥\m 
are  not  enndlMl  hkn- jodiprMrnts  rntJ-rMd  airsiiMi 
titfffn  a^  af  fUNHuit  I  and  ih*-  iiiftyors,  Imli^v, 
»h#!rirt«,  at<lffmfii<n,  Mffninon-«iimi#:fl  ttwit^  »• 
sivtanta,  r^c«yrd««%,  town  ^ItiAtn^  MNk|fW»#ai*ai 
miniiti<T«,  tMf»'r%^  frt-ttm^,  mtA  sll  ««vl  #^«vjf 
oiImts  thf-  m^fiifct*  of  m  In  *t«rf  «^  fli^i^ 
i  rii«|i»^iifMy  mifii  Ifff.  Mildl#«DMi  f4  H»m  «#i»t 
'  ffrofrtoiMtiM,  tail*  tm  %h»tm  and  ^tw^nA  u»  «»« 
I  a»  a  *yirpof aif/#«  '«  hmd^  ti^AtUt.,  mtA  i^m^* 

:  ffnk#!  i.Wiwwa,  »iw»wa<te  a*!  WUmf  Vk^  »w^ 
^nMirif MtaiMlfiHr iti^  nwNl  4t^%  mM  ttftn^  vT 

tafty^w  «lball  h«^T<  *i»  ^A  1**^'  *''^  t^^  4^*.  •  ^^ 
*r^   prf*^   4«l,  4nM  •^'t^   paa»>pr 


^7   4r^ii4flN^.a  viV*«  tov/ 


^'Z 


via 


H  1    :h' 
lifliur 

..-:• 
*,.'i" 

I.I    1 
•|i»" 

'.0^  •  ■■•» 

':w<»r. 

'  n«'-- 

*,. 

\lf>*tf>'4,»^ 

HTl'-"   ■  f= 

• 

.|,^« 

'*'iiii,»i  #» 

nfiif. 

• 

■.  ■  f  •• 

/• 

-'1  *•     •' .  • 
•I.  ''■. 

f..    f,.^  1 

1         --i".-.r,'. 

*Silfr.i» 

*                            ■ 

r>     . 

■      ll/-  •        r      ■>  . 

irrr    v  . 

'•. 

1    ■  !#• 

'.•1     !.#■.  .,». 

IMmfi/vyfi 

-t   #• 

«^ 

!#»v  ^ /•.»:»      r 

1  lMr>"    t 

'r  * 

•bo^ 

«'.«h/^V#'i^.«    M./ 

M  jM^h^.t* 

•*•  .< 

■^«v*>i  .•  1^- 

fc*  /trfy »i^«< 

f 

fmif  ^oiHMM  «:^  mK  fi«i^  VH'mM.  imJ 
mil    ft«v«r    «il  \0k^Ax    Md.  -|i»Ma 

n..i    l«««4  M'  %w*Jt    ••-.-•    ^t**^    i**.*iM»     *mH    ^ 
.,     —fi   •v^..  .»«f.   r»-     *•♦•     -rt:*"^ 


«ii 


ifi 


It79]  STATE  TRIALS,  S^Chaklbs  II.  l6$Z.—ProeMdingg  hlwm  ib  i 
to  Iw  df«tgned,  than  a  ruiD  to  the  goverDraent     licly  countflnancMl  by  the  mmf^n 
balb  ot'churcli  luid  xtale  ;  for  tbe  fsctioiia  party     that  enil,  id  alt  elecUoDs  they 
were  not  contcttt  with  the  practice  of  these  in-     the  most  disaf 
■oleodcs,  but  endcavouivil  to  have  them  pub-     esttnisl  In  die  gore 


be  by  him  rancelleil  and  returned  lo  the  cor- 
pnratiana  aad  bodies  politic  of  the  respective 
cities  end  towns  nhum  they  concern  ;  and 
have  aUo  ^ten  to  our  said  itliorney  aiithorily, 
and  do  hereby  warrant  and  Minini&Dd  him,  nat 
Dtiiy  nottonruceed  or  enter  judgmeDt  upon  the 
aaid  Quo  Wiu-raDlo  or  Informations  in  nature 
af  a  Quo  Warranto,  or  any  of  them,  bat  to 
enter  upon  the  re«fiective  records,  Noli  Protie- 

3 Ill's  ?nil  It^l  diccharg^s  thereof:  And  we 
a  berehy  pnbli'th  and  declare  our  further 
gTue  and  hvuur«  to  the  said  cities,  car|iora> 
(ions  and  boroiighi,  at  any  time  herealW,  by 
any  liirlher  act  lo  ^[rant,  coniimi,  or  rentore 
unto  theni  all  thrir  chartcTB,  liberties,  franchiaea 
Bod  (xivllrafea  tliat  at  the  respcctife  times  of 
Hii'h  deeds  of  surrender,  or  rules  lor  judnTnenl 
made  or  p*eii,  tlicy  held  or  enjoyed.  And  in 
order  to  llie  (lerfectine'  "ur  Bnid  gracious  inten- 
iiaas,  wedobpTebylikewiae  publish  anddjectare 
our  royal  will  and  plekaure  us  for  and  concerning 
tbe  re^torinc  to  luch  of  our  cities.  cnqHirations, 
and  bonnuff  s  within  our  mid  kin^ifduni  and  do- 
minion, which  hate  made  deeds  of  surrender, 
or  have  had  judtfn>ent>  ^iven  t^rainat  ibem, 
which  Burrenden  are  eolered  of  record,  That 
our  Chancellor.  Attorney  General,  and  SoUd- 
lor  General,  without  lees  to  any  officer  or  offi- 
cers wbaiEnecer.  upon  npphcatioii  to  them 
made,  shall,  nlld  lln\v  are  hereby  required  to 
)>rt|iare  nnd  pass  charterri.  instramenls,  grants 
and  letiers  patents  Hir  the  incorpomlins',  re. 
graDiinff,  coolirrainK  and  resluring  to  all  and 
erery  the  said  cities,  cnriJoratiaDii  atid  boroughs, 
tbeir  resoeciive  charters,  libenies,  rights,  fran- 
chises and  privileses,  and  for  restoring  the  re- 
rtji'i'ma¥ors,bailiff9,peTOrders, sheriffs,  toivn 
lu.  alde'r'iien  Common  council  men,  assis- 
tants, officers,  ma<nstr>tes,  miniiters,  and  f'rec- 
■nea,  aa  were  of  such  eities,cor(>orations  orbo- 
routrhatthe  tiineof  such  deolsolaiiTTeoder,  or 
jdudifiiieiitH  respecliTelv  ^i^en  or  had,  and  for 
the  putting  them  into  the  same  Ftaie.  condition 
Knd  pliifhl  tliey  were  in  at  the  linies  of  sunb 
dceiMof  surrender  or  j'idgmi'iit«  made  or  given. 
And  whereas  divers  hdrouffhs.  wlnth  were  not 
herelotore  corporations,  haie  nitict-  the  year 
lli?'),  had  charter?  of  ini-or]>oratiou  granted 
and  passed  unio  them  ;  Wr  hereby  further  ex- 
press and  declare  our  ri-yal  iiltasiire.  to  iIcIit- 
ntioe  and  annul  the  said  last  mentioned  charters  j 
•nd  corporations  ;  An  :  to  tliulend,  we  have  in 
pursuance  to  the  power  reservrd  in  the  said  i 
charters,  by  our  order  in  conn-  il,  ami  lUider  | 
our  sisn  manual,  reinove<l  and  discliurged; 
And  we  do  also  by  this  vir  I>r<M-laii>a.ion,  re- 
move and  Hisi:Har>re  all  and  eicry  peticui  of  or 
in  the  said  lAnt  mentioned  corpumtiuns,  of  and 
from  all  offices  and  places  of  mayors,  baililTs,  ! 
i«coTtlera,Bheriffi,  »ldenncn,cnmrhioncouQi,il-  . 
■sen,  MMtanta,  tod  of  and  tVom  all  and  every  j 
mhm  tOm,  W<1  pl«Mi  &«»  "luch  we  hare 


:  they  sticl 


|>ower  rraerved  by  the  said  chai 
tivety,  to  remove  ot  discbarve  the 

,  do  hereby  priHnisa  and  ifecbre,  I 
do  aud  consent  to  all  aoch  acta, 
things,  as  shall  be  oecesssry  in  i 

I  nnr  gractous  inlentiuca  and  puipoa 

I  it  bemg  our  gracious  inteDlion  tno 
ment  aa  soon  as  tbe  general  dislurl 
kingdom  by  tlie  intended  inraMoo 

I  thercor. 

i  Given  at  our  Court  at  WhitebaU.  t 
uf  October,  1688.  In  tlie  Fo 
our  KeigQ.   " 

At  the  CouH  at  IVhitehall,  OetobH 
Present  l^e  Kind's  moM  Bx 
jesty  and  the  Lords  of  hti  ml 
able  Privy  Coimcil. 
Whereas  in  the  charters,  patob 
maile  to  sereral  ritiea,  bomwh* 
corporate, a  power  is reserml tobii 
his  order  in  council,  to  remove,  il 
discharge  die  mayors,  sheritKi, 
town  clWks,  nldcmien,  oummoo  o 
aasislants,  utBccrs,  ma^^istrUea,  mil 
men,  and  other  meinbera  of  tbe 
mnie«ty  is  this  day  in  council  ideag 
and  it  IS  hereby  ordered  scconliasl 
mayoTi,  sheriff*,  recor^rs,  town  d 
men,  cnuimiin  council-men,  assislai 
magiiitrateti,  ministers,  freemen, 
members  of  the  Huid  respective  dtie 
and  towns  corporate,  which  have  a 
office  or  pbu^  by  cliarter,  pslea 
from  the  Ititekiucof  blessed  mem« 
his  majpsly  dace  the  year  1679  (ei 
citii"!  and  tunms  in  his  majesty's  p« 
named,  uhose  deeds  of  surteodet  ai 
or  a^piiniit  whom  judgments  in  Uuo 
aie  eulered,  be  removed,  displaced  idi 
eil,  in  pursuance  of  the  power  r 
aloresaid  i  And  they  and  every  of 
htreby  removed,  displaced  and  disd 
cordiogly,  Joan  N 

J.  R.  Whereas  on  the  chailen. 
grauta  made  to  several  cjtiea,  !><■■ 
towns  wi'-iiiirate,  a  power  is  rese:  ■  d 
nomine,  displace  and  diH-liargebi  M 
our  signet  and  sign  manual,  the  oi*] 
nfls,  recorders,  town  clerks,  akleia 

Iratea,  minislera.  freemen  and  u<1m 
of  tlh'same;  We  du  acconlingly  i 
move,  disjiace  and  discliargi^  all  IMJ 
riffs,  reconlets,  town-cleria,  aUm 
mun-coiuidl-inen,  assistaats,  tScB 


*  Concerning  the  opentioB 
prDclamauun,  see  tbe  caae  of  I 
at,  (Pudi.  29  G.  ^)  3  Tna. 


'"il 


STATE  TRIALS^  34  Chaklks  IL  i682.— hac/  the  City  of  Landou.     [last 


widi  that  heat  ami  violence,  that  it  was  a 
to  all  sober  and  discreet  ritiz^iis :  and  the 
IS  so  unhappily  divided  into  imilies,  that 
iras  no  likelih«K)d  it  coiild  return  to  good 
BO  loniBif  UH  the  factious  retained  any  bo|)es 
mrin^  the  election  of  magistrates  of  their 
uty  for  their  iiDpiinity. 
■s  nigh  time  to  put  a  stop  to  this  grow- 
3.  Tliis  made  it  necessary  for  his  ma- 
il emiiiire  into  their  abuse  of  franchises, 
night  be  in  his  power  to  make  a  regula- 
ifficient  to  restore  the  city  to  its  former 
[ovemmciit. 

«s  not  for  punishment,  but  merely  for 
id  of  the  city,  tliat  he  took  this  ctnirse. 

now  the  king  hath  obtaineil  judufment 
Ml  Warranto,  it  is  not  his  intention  to  pre- 
kheni,  either  in  their  properties,  or  ens- 

Navt  lest  the  entering  ajiulgmcnt  upon 
might  have  coiisequcuccs  fatal  to  them, 
jesty  was  so  tender  of  them  that  he  caused 
ttorney  to  forbear  the  same  at  pnisent, 
le  city  inif^ht  have  some  time  to  consider 
wn  condition. 

lArd  ;  I  must  needs  say,  the  city  hath 
en  weH  advised,  to  dder  their  application 
majesty  thus  k>ng,  eien  till  the  court 
ronounlced  judgment :  it  had  been  done 
much  hetter  gprace,  if  it  had  been  more 

maje«h'*s  affection  to  the  city  is  too  great 
Bt  their  suit  for  that  cause. 
;  for  that  reason  you  will  have  the  less 
I  deliberate  upon  the  particulars  the  king 
«|iiire  of  \tiii. 

I  indeed  there  will  be  little  need  of  ddi- 
n;  for  his  majesty  hath  resolved  to 
the  altemtions  as  few  and  as  easy  as  may 
■nistcBt  with  the  good  government  of  the 

ministerH,  freemen,  and  other  members 
r  said  rv^pective  Cities,  borouflrlis,  and 
corporate,  which  have  or  claim  such 
or  places  by  charter,  patent  or  grant, 
he  late  king  our  most  dear  bnithor  of 
ilessed  memory,  or  from  im  since  the 
.679  (exce^it  such  cities  and  towns  in  our 
matioii  namMi,  whose  ileeds  of  surrender 
rolkd,  or  against  vhom  judgments  in 
Varraiito  are  entered)  anil  they  ami  every 

II  are  hereby  removed,  displaceil  and  dis- 
?d    acciinlingly,    in    punuance  of  the 

reserved  to  us  as  aforesaid.  \\here<»f 
voiis  concerned  arc  hereby  rfrquircd  to 
otice. 

en  at  oar  Coint  at  Whitehall  the  17th 
»y  of  October  lOHH,  ni  the  fourth  year 
Four  reign,    iiy  his  majesty's  ciHiunand, 

SlNbKUI.AM)  P. 

'the reflections  to  which  these  restitutions 
rmt  at  the  time  at  which  they  were  made, 
ifiigc  which  is  extracted  frmn  Nun'issus 
iVn  ^Brief  histori<»l  1  (elation,'  and  in- 
io  a  Note  to  the  report  of  tbe  proceed- 
cuMt  MagdakQ  College,  a.  d.  1687,  iu 
^Aectm. 

L.  VIII. 


city,  and  peace  of  the  kiiigdoni.      They  ai-c 
these: 

Jlis inaji>sty  requires yow submission tothosc 
regulations : 

That  no  lord  mayor,  sheriff,  n^corder,  com- 
mon KerJ4*ant,  toiiii-clerk,  or  <Joroncr  of  the 
city  of  London,  or  steu  ard  of  the  borou'rh  of 
Nouthwark  shall  be  capable  4if,  or  bu  udniitled 
to  the  exeifrise  of  their  n'siK.'ctive(»fiices,  hifMrc 
his  majesty  shall  have  appro ve<l  theiii  under  his 
sign  manual. 

That  if  his  niajf^sty  sliall  disapprove  the 
choice  of  any  person  to  Itc  lord  mayor,  and 
signify  the  same  under  his  sign  maiuiat,  to  thcL 
lord  mayor  j  or,  in  default  of  a  lord  mayor,  to 
the  recorder,  or  senior  alderman,  the  citixcns 
shall,  within  one  week  iimceed  to  a  new  choice. 
And  if  his  majesty  shall  in  like  manner,  disap- 
prove the  second  choice,  his  majesty  may,  if  he 
so  please,  nominate  a  person  to  be  lord  mayor 
for  the  ensuing  year. 

If  his  majesty  shall  in  like  manner  dissp^ 
prove  the  persois  chosen  to  be  sherifis,  or  eitlier 
of  them,  his  majesty  may  appoint  ))erRonsto  be 
sheriffs  for  the  ensiling  year,  by  his  commissiooi 
if  he  so  please. 

Nevertheless,  the  Elections  of  these  Officers 
may  be  according  to  the  ancient  usage  of  tlia 
city,  with  these  restrictions  : 

The  lord  raB^Hir,  and  court  of  aldermen, 
may,  with  leave  of  his  majesty,  displace  any 
alderman,  recorder,  common  seijcant,  tovii- 
clerk,  coroner  of  the  said  city,  and  steward  of 
the  said  borough. 

Upon  the  election  of  any  aldennan,  if  any  of 
the  persons  that  shall  be  presciiied  to  llic  court 
of  aldermen  by  the  ward  Nhall  be  judged  unfit, 
upon  such  declaration  by  the  said  cf>urt,  the 
ward  shall  procoe<l  to  thv  choice  of  other  per- 
sons in  the  room  of  such  or  so  many  of  them  afl 
are  so  disapproved  :  and  it*  the  saitf  court  shall 
disapprove  such  sccouil  choice  ihey  may  ap- 
point any  others  in  their  room. 

Tlie  justices  of  the  iM?a4re  to  lie  hv  the  king'^ 
commission,  which  his  niajoty  will  grant  ac- 
cording to  the  usual  metlioH  ;  'unU  ms  upon  ex- 
tra«mlinary  occasions,  when  his  miycstv  sluii 
think  it  necessary  tor  his  wrvice. 

lliese  mattrni  an^  to  lie  settlml  in  «u^  » 
manner  as  shiiH  1»e  approval  by  hb  iniivsr^  ''^ 
attorney  and  solicitor  general,  and  ^lqh 
learned  in  tlit;  law. 

My  Ijord  ]>Iayor ;   Tliese  re«n^' 
made,  his  majesty  will  n^tc^iK  larvtm    «»» 
proHiMnition,   but  confirm  toc-  -^anF-  f  «»— 
iiiaiuier  asonay  be  consistrat  v-ri  r*fwi 

Tlu;  city  ought  to  look  rifir  iiw.    r     .■  ^- 
condc^scension  on  bb*  maiwffr^  -  '•«:'       ■  '•-^ 
the  nature  of  a  rcserrarit  t  t  ^mmm  >  t  •#—    ■ 
isalready  inhis  po««r  ii   li^ 
ofthfise  tilings  «iiM   ^v   # 
to  their  own  imA  tmt  jnw*    > 

If  the  city 
eye,  and 
hismaiHrr. 


i«h: 


*-  - 


«t^> 


4V 


JCTS'J  STATETRIAtS,  3*Cn*T«.ssni  ifiSS.— Pfei**ifiitf»Wwwn/l<Jt 


AiHliflheteBliaUbetmylienvy  cousequenoc 
i^r  tills  judgment,  wliicbitwill  hfhOTc  yoa  well 
In  consider,  the  fault  wilt  lie  at  ihtii'  iIihim,  in 
It  hose  poner  it  now  is,  lo  liiing  this  afTair  to  a 
tiaprry  conclasioti, 

MyLord  Mitvor;  TliPterm  drawa  towards 
»n  md,  and  Nidsammer-ilRy  is  at  Land,  when 
•i>meoftheofficersu<ie  tohe  clioscn,  whereof 
fiiKmnjcsiv  »illre«en'oihi'ap|irobation  ;  lliere- 
lorc  il  b  his  majesty's  ploasiii-e,  that  you  return 
In  (he  eity,  aud  cnnsull  the  common- council, 
■hat  lie  may  spenlity  know  your  resolulioos 
Miereupon,  and  accordin^y  give  his  directtoua. 

That  yon  may  see  the  king;  is  In  earnest,  and 
the  matibr  is  not  capahte  of  delay.  1  am  com- 
mended Id  let  yOn  know,  ho  liath'given  <irderto 
tiia  AUomey 'Geof^ral  to  enter  up  ju'lgnient 
on  Saturday  noxl,unta«yoiiprMenlit  by  your 
mm|diani.-e  in  all  IhcBK  i^nVticullirs. 

Buttliccily  not  coan-iying,  judgment  was 
■Altered. 

Tims  was  tlic  inMropnns  of  the  kinR.U.m 
iTepriicd  iif  its  Cluirler  and  Bla^fiUnie'S  liU 
thvycar  lOUfl,  when  kins  Muis>,  leirilied  al 
the  utWK  of  the  prince  of  Onuige's  iutcndcd 
mvukloii,  lluiiigUt  til  lu  ri^aton'  it,'  Oetobecthc 
Kill,  aiiit  iinleiitt  lard  rlisnniUat  Jcfleiics  tc 
t'orry  ithitdi  himself;  ulicreupon  lir  Georf^e 
Trehv  wa»  n'stureO  l4  Ilia  ^ilace  of  Becoriler, 
and  Uic  rL'Gt  of  tlio  Mogislratd^,  ai'conling  tu 
tte  tncient  constilnlion  of  llie  city. 

The  question  cfmceriiing  the  surrender  of 
"■  e  eorporntions  or  bodies  nulitii',  not  iH-inc 


Hrgiilueuts  on 


ilireclly  in  the  b 
telh  sulea  itisiati 
■nry    to  alalE   that  {loint,   and   culled  \ihat 
balii  hMii  in  Itie  clelules  or  aiguineiits  alle|red 
on  either  elde,  Iliul  tlie  easier  view  and  jud( 
tnent   niay  lie  mmle  uf  il,    Ity  eurrendi'r 
ihia  question  is,  bv  bath  sides,  meant  and  ii 
lendail  some  clectf  ur  insIiuDiiiit  in  nriiiu; 
nhtn-by  a  body  coi')i(n-atc  or  pntilic  can  bii 
ecTMliT  iiiid  diss'ohe  itself.      It  it  utiieed  that  a 
b'lU   piilitic  ii>u_t  be  dis^^olvcd,   eilhpl"  by  thi 
tli.illi  of  tlie  ]HTtJOits  iucorpcFrate,  or  their  re 

aiJsIcrB,  ao  as  Iherc  uii'.ain  nnl  sulHcient,  au 
Ilioriziil  or  eiiublni  by  thfir  chnrtcr  or  coiisti 
(iitioi).  lu  preiierve  tlieir  being :  'I'liia  ia  ad 
lullted  tn  lie  a  cesser,  or  dixHoliitian  of  the 
vorporation,  and  such  asort  of  yietdiiii;^"!')  "i' 
•uri'ctider,  ia  admitted  possible-'  But  whether 
tv  any  deed  or  inHtriiuient  in  nritingil  eon  be 
dune,  that  ia  tlie  quetition  intended.  For  the 
urremltT,  ii  liath  bee,i  alle|,red, 

J.  That  the  being  of  a  body  politic 


•  Thi'  operalion  of  the  ncr^iitanre  by  other 
corporaliuiis,  of  ihe  proclamation  of  kiu^'jamea 
tlie  Second  in  this  sarae  year  (t  Jac.  3)  for 
Ilieir  rc^loratioB,  with  the  full  enjoymetit  o" 
Ihrir  respective  ancient  f/anchists  and  privi- 
leges, is  dinnissed  in  the  cuae  of  NewUng  r 
fnnWi  S  Tom  B^E-  li- 


berty, privilGge,  and  franchise,  tl 
commencement  by  the  king's  rha 
prewri|>Iion,  wbicb  suppasts  a  rhir 
it  have  its  lieginning  and  crc.iiiofl 
wliich  ia  the  king's  deed  that  m 
deed  ^;ain  it  m*y  be  regranted  i 
dered  :  and  it  is  a  maxim  in  law, '  I 
'  que  dis&olri  potest  eod'  mnilo  qt 
And  instances  in  lairs,  niarketg,  ]eM> 
like  franchises,  granted  hv  chaitfr, 
Ibey,  may  be  surrendered  by  Atvd, 
3.  TliBl  il  is  necGxtary  thai  it  sh 
Bolvtble  by  surrender.  Perhaps  i 
cjime  to  dccAy,  and  not  be  aUe  to 
charge  that  the  nipport  and  tnaii 
the  cnrpuration  may  reqoirei  ft* 
sees  that  oniantenlt  and  offioets  n 
these  cannot  be  hoi^bt  or  maiotu 
estnlea ;  and  poor  tnen  are  not  at 
ruin  to  their  tumiKes,  ID  bear  itt  I 
and  oHioes ;  and  thereliirc  it  irneo 
should  be  a  pan  sr  in  them  to  surn 
a.  Thatthnbooka  aiMlcsscsinh 
ihnl  a  coi-|jimLliDn,  or  Imdy  pabttc 
render  itse>f,  and  thereby  Be  diasolt 
Dy.  973.  Tliere  the  rase  b  I 
The'deanry  of  the  euthednil  chnn 
was  dissnived  by  the  surrender  o 
liatne,  teaporr  it.  8-  And  the  prcb 
rey,  in  the  tauie  church,  was  also 
by  tioodumn,  prdKTiidnjy  Ibete,  t 
in  lliia  year  the  dimoluiiDn  of  the  i 
coiilinned,  and  the  deanry  exIiiK 
pmliameut,  and  a  ntw  deau  erect 
aled  ;  lo  which  ne\v  de.inry,  the  lai 
iiessinns  uf  the  utd  were  nnne^ 
othe.r  pos»ie5sioi>a,  and  the  nomhii 
new  dean  and  successors  giren  by 
the  king;  and  that  he  ahould  hsi 

1  tower  in  '  Choro  el  Capituio,'  as  i 
lad  ;  saving  Id  all  liiTaiigeni,  otb 
bishiip  of  Itath  and  V/riU.  the  ok 
the  old  prebenilai'V.  and  their  icuci 
this  case  it  ii  adnuued,  and  taken  i 
that  the  deanry,  and  also  ihc  pr< 

lly.  MH-1.  There  the  arcbbbho] 
had  luii  chapters.  >iz.  llie  dean  i 
ol  f)i.  I'ulricl,-,  iind  ilie  dean  an 
I'hibt  Cliuri:h,  and  both  iL(«e  ute 
the  bishop's  leates.  The  dean  'ati 
St,  Patrick,  by  deed  under  their  ii 
(pi'e  and  suri^ndered  tU  their  chu' 
Uuda  and  p'i«(essions  lo  the  king. 
cttife  or  innsL'ut  of  their  bidiap. 
ordinary,  and  jnlron  of  the  mM 
]irebenils.  Aller  this  atirrender  fl 
was  used  as  the  comin  '  "  ' 
courts  ia  the  Term  Iherc 


lapler  of  Chribl  Chnicli  odyf'i 
me  succenor  of  the  archhishif  in 
thta  lease  was  the  nocstion.  ill 
Ireland  were  divided  in  oninino.  Ml 
the  cnse  was  aent  over  Inr  the  *|i 
jud<^  here;  and  the  opiniow  ■ 

.Q^Uit^vuutxB,  via,  CstijDjP^ 


jB^ag 


STATE  TRIALS,  94  ChabLES  II.  l£82.— otiif  the  City  of  London,     [ l  •Si 


ind  Canis,  certiiied  to  the  lord  deputy 
ul,  under  their  hands,  were,  *  Quod 
it  aliud  capitulum  in  esse  tempore 
lationes  diniission'  pned'  nisi  Christ- 
I  tantum,  fjuia  Corporatio  et  Capitulum 
Patrick  fuit  per  donuin  et  sursum  red- 
Uecani  et  Capituli  pned'  legitime  dis- 
I  absque  consensu  ArchiepLscopi.' 

168.  The  opinion  of  Justice  Jones 
mt  a  corporation  may  be  dissolved  by 
vper,  viz.  by  resiffuation. 
e  other  side,  it  bath  been  answered, 
nittio^  it  to  be  true,  that  to  be  a  body 
B  a  liberty,  privilege,  and  franchise, 
ly  charter,  which  is  the  king's  deed ; 
th  not  follow,  that  it  may  be  surren- 
deed :  for  the  charters  that  inoorpoi:ate 
ius,  or  inhabitants  of  siwh  a  city,  town 

and  nudce  them  a  body  cajioble  of 
id  having  lands,  goods,  or  chattels,  to 
to  be  sued,  and  to liave  a  coounon  seal, 
ct  according  to  the  powers,  entis  and 
,  in  their  charters  contained,  only,  give 
apacity  for  those  ends.  The  liberty, 
and  franchise  that  they  have,  ^^oes  no 

They  cannot  transfer  this  privilege, 
lisetoany  other  persons.  These  are 
ional  franchises  or  capacities,  fixed  in 
ns  to  whom  tliey  are  granted,  like  to 
>f  denization  granted  to  aliens,  whereby 

V  is  granted  to  have,  hold,  and  act,  as 
L-boru  subject ;  grants  of  enfrandiisiug 
;  these  arc  grants  that  cannot  be  sur- 

;  these  are  franchises  and  capachies 
;  these  are  exceptions  to  tlie  general 
lumquodque  dissolvitur  eodein  modo,' 
bo  of  tiurs,  maikcts,  courts,  &c.  tliey 
ied  by  charter,  they  may  be  granted 
Bpimted  to  the  king,  but  if  they  be  re- 
U>  the  king,  they  are  not  extinct,  but 
Q  the  king. 

of  Strata  Marcella's  case.  Rep.  9.  25. 
I  the  difference  thus :  when  the  kuig 
anchises,  that  were  in  the  crown  before 
t,  as  botiafehmumf  deodands,  wreck, 

these  come  again  to  the  crown,  they 
;ed  in  the  crown,  and  the  king  is  seized 
jure  corona  ;  but  when  a  privilege, 
ranchise  or  jurisdiction,  was  at  first 
or  ordained  by  the  king,  there,  by  the 
of  it  again  to  the  crown,  they  are  not 

and  instanccth  in  fairs,  mafkets,  hun- 
aets,  et  iimilia.  They  are  not  dissolved 

for  thereby  subjects  would  be  prejudi- 

V  if  tlie  court  should  be  so  grantetf,  and 
dissolved,  the  subjects  judgments  and 
those  courts  would  be  all  lost.  These 
r  exceptions  to  that  general  rule,  *  un- 
lue,'  &c. 

tat  the  reason  given  for  the  surrenders 
jratioiis  from  the  jioverty  that  may 
for  the  conveuiency  of  some  corpora- 
inswerable ;  for  that  doth  not  very  fre- 
happen  :  but  when  it  dotti  happen,  if 
)  weary  of  it,  they  may  let  it  alone,  and 
or  dioose  officers ;  it  will  cease  of  itself, 
ed  not  be  at  the  csharjpe  or  trouble  of  a 


surrender :  but  on  the  other  side,  the  inronve- 
nienck^  are  very  great,  and  -  are  some  of  them 
before  specifiecK  The  establishment  of  tho 
church  18  all  in  corporations,  bishops,  deans, 
chapters,  prebends,  parsons,  ^  icars ;  if  these  be 
surrenderable,  as  by  the  cases  cited  without 
consent  of  bishops  (a  prebentl  is,  as  to  his  being, 
but  as  a  parson,  or  a  vicar)  the  uuivci*sitios,  col- 
leges, hospitals,  all  the  cities,  considerable  toi^iis, 
trades,  and  mysteries,  are  corporal  ioni» ;  if 
these  be  surrenlicrable,  it  affects  our  old  go- 
vernment. 

3.  As  for  the  books  and  authorities,  Dy.  273, 
the  dissolution  of  the  coqioration  thereby  sur- 
renderetl  is  only  mentioned  in  putting  the  case, 
it  is  not  debated,  nor  was  it  material  in  tlie  case: 
for  the  act  of  pariiament  there  settled  the  neir 
dean  and  chapter;  and  the sprebeiidary,  and 
the  matter  of  tuc  caseariseth  upon  tho-depriva- 
tion  of  Dean  Goodman,  and  tlie  ap|)cal,  and  re- 
version of  that  sentence,  there  is  not  as  much  us 
any  opinion  in  the  case  concerning  the  disso- 
lution or  surrender,  whether  good  or  bad.  Hut 
what  may  reasonably  be  iiderred  from  that 
case  is,  that  the  surrenderor  dissolution  thereby 
was  not  good  in  law ;  for  if  it  had,  Mhat  needed 
the  having  an  act  of  pariiament  to  secure 
against  the  old  dean  and  prebcn^lary  ?  which 
yet  appears  in  the  case  was  had. 

And,  Co.  Rep.  3.  75.  b.  in  the  case  of- the 
dean  and  chapter  of  Norwich,  this  case  of  Dyer 
is  cited,  and  there  it  is  expressly  said,  that  that 
surrender  was  not  thought  good,  till  confirmed 
by  act  of  parliament. 

And  as  for  the  other  case.  Dyer  232.  of  the 
surrender  of  the  dean  and  chapter  of  St.  Hatrick, 
the  opinion  of  the  jud^^  there  given  is,  by  all 
the  judges,  3  Car.  1,  in  the  case  of  Hay  ward 
and  FuTcher,  iu  Jones  168,  denied  to  be  law, 
and  said  to  be  a  private  resolution.  So  that 
these  two  cases  in  Dyer  having  been  by 
those  latter  authorities  denied,  remain  no 
authorities.  And  as  for  the  other  authority, 
viz.  The  opinion  of  justice  Jones,  168, 
that  a  corporation  may  be  dissolved  by  ^ 
proper  act,  viz.  by  resignation,  that  is  true, 
taken  in  the  sense  he  Sfieaks  it :  it  is  sjioken  of  a 
dean  and  chapter  resifpiiig  to  theonUuaiy,  viz. 
the  dean  resigning  his  place  of  dean,,  and  tlus 
prebendaries  of  the  chapter  resigning  .their 
prebends  to  the  ordinary,  whereby  their 
churches  and  prebends  became  void^  and  to  be 
siippUed  by  the  respective  patron,  pdlating  or 
presenting,  as  in  cases  of  resignatioa,  by  any 
parson  or  vicar  to  his  ordinarv .  iiut  this  is  no- 
thing of  a  surrender  of  the  body  politic-to  the 
king,  and  tliereby  dissolving  the  corporation, 
and  destroying  all  supply,  by  new  presentments 
or  collations.  And  tuis  appears  by  the.veiry 
words  of  Justice  Jones  there ;  for  when  \ie 
saith,  tliey  may  be  dissolved  by  «  proper  act, 
viz.  by  resignation  ;  the  next  words  are,  or  by 
death  of  the  whole  corporation,  and  the  king 
being  itatron,  it  is  in  his  election  wiiether  he 
will  collate  de  novo,  or  not,  and  till  he  collates 
the  corporation  is  iususpense ;  but  if  the  bishop 
be  patron,  tlj^cii  \\ke  \»s»Vtf>V)  \i.^%>iftk^'K»^;^»f- 


„  .  ..  iwrpaialionisa  tron- 
litjoi^  ;  and  tlierc  is  nn  pxpress  sur- 
er at'  hII  tiwicbitim  and  libortics,  Bpirituel 
tenipoi-al,  hy  wiial  name  soever  kno-wn, 


wlurJl  tWjr  luv  id  ih'-.  nghl  of  Uiar  f 
umI  diij  wa*  a  t^itiUai  (raafiiiw,  »bi 
lud  in  Tight  ot'tbrir  chutcli. 

Next,  tbU  itunenibr  wu  nud«  wi*  JMM 
<li«aalve  the  eerparation,  and  tu  !>••«•  wni 
ereokvt:  this  appwa  by  tlw  mo  «ta 
iri'  erecUOD  mode  iii  Nal'eint)«r  MblW~*^ 
it'Uicli  TediM  dm  RUTrmder  uuuk  B 
intent.  It  is  R<iitiny  wtiere  in  llw  muf 
giiiaenb  of  lliat  ciue  ftltntsad  tkl  i 
wanted  words  in  iLe  Bumndtf  to  do  it,  <4 
ivuuU  hate  beeu,  it'  tku  Itod  lietMi  the  gmiil 
their  Judgment 

Id  the  case  cited  Dul  ofDyi 
words  ef  the  Burrender  v 
Btureodtnwl  tbeir  oliurcb,  bousea,  Imh,  | 
wllicb  are  not  Iwlf  «  li 
^ple  *      ■  ■      -^--   -L- 


3,d«.l 


tiou,  bnlli  iMitvDt  ui  milait!,  and  thereby  lo  Min- 
tinue  tbi'  *;ur|iuralivn  ;  mi  tUol  it  is  vtry  plain, 
tliat  ibv  riWKnnliuu  he  uuaiks  tf  is  UM  meant 
for  oiiy  Kurreudcr  lu  the  Liog.  w  aay  tiling:  that 
ilutcntiiiK-jf  ilie  rorjioralion,  esccyt  the  patrno 
vill  not  (<oIttU('.  iiDil  lhei«li^  suAer  the  corpo- 
tUwu  l«Oi<a«e ;  but  on  Uie  oonlrary,  tbnl  a  cor- 
pWSlMU  CBiuun  be  dis80lvi«)  by  any  surrender. 
Th«*U4>pre9uua  and  diaiolution  of  llie  abbevs, 
priwin  and  nmastericv,  by  if.  U,  nvs  nn  d'is- 
WilutuHi  of  their  bodies  ptditic.  Br.  Eitui- 
ffuishtuent,  75.  Br.  Corporation,  73.  Dbtim, 
Hqi.  1.  Moure's  Rep.  383.  Though  their 
bouMiaod  all  the  pogsessjons  were  (^one,  jkhI 
th«  perwni  eitha-  disckargied  ol'  their  erd«is, 
or  lanl  iulo  other  houfces  ;  yet  naolTud,  thru 
tiw  tvrporalioBB  r^tDained.  And  it  can  Ecuree 
to  iiuagiiied,  hut  in  some  of  thoa«  caws  it  would 
luvc  t^ecu  praoliwd,  or  M  letutt  aonielhiag  said 
)tb«ul  Hurenderia);  tlieii'  body  politic,  il  k  had 
iventkcntkouKbtsurreuileralile.  Bullhcuise 
of  Uw  dean  and  chapter  nt  Norwich,  i(ep.  3.41 
Elis.   before-cited,  and  ikt  case  of  Haywatd 

3 tut  Fulclier  b«ibre  fuealinned  ui  a  Cur.  1. 
WMH,  Ititl.  Palm.  Rep.  500,  601.  Amlers.  3. 
ISO.  tiave  b«eB  niUsA  as  judgmeuls  agaioet 
•urrcDdom  by  all  ifaejudera  ol'Ihe  kiiig's-bGuab. 
Ills  cuir  WBH,  that  tlie,£«D  and  chapterof  Nor- 
wich, 3  J  unii,  1,  E.  0,Burrei>deredlallM  king 
thtir  Mdtedml  afaureb,  sod  idl  (liftr  raaiMnt, 
hudM,  tcurmenlK.  IwrcdibxnrnK.  fmnc^ls^, 
mid  lilK^rlii'f,  <4{>iNtu^il  a]iiMi')>i|)i>ntl,  liv  hIi^I- 
aoevBT  anniEs  liiej  are  knmvn  or  wliich  tliBj 
have  or  ougLl  to  huve  in  tbf  tid«  of  thftr 
etaurcfc.  And  hj  Uw  usse  .11  EIk.  Co.  Beii. 
3.^  74,  and  the  opinion  of  all  th^  judgtn  of  the 
King'sJu'Dch,  3  Car.  1,  atljudged,  that  this 
WUBosuriY>n<lerof  tlie  eorpui-alion. 

They  object.  That  llie  words  of  the  snrren- 
«M  do  not  sKrw  ouy  intent  to  sutreuder  the 


and  tlieotber^ide  dl«tfaatMfl 
thorily.  to  prove  »  coipor«lion»urT«nd«mt 
admit  the  words  tberesufiieieoi,  and dFOti 
to  be  sutfirieot  hert,  thoM^b  Mocti  iiHnhq 
express,  tiiul  eeoerd.  'IW  u^iihi^  tbol 
I'aWr  501,  tW  ilia  against  the  cwntl 
conntitiition  of  eorporMiikii*.  that  by  IImm 
pirt  inthdr  cbartefs,  by  theti»«ry 
are  to  have  pcrpetaal  Huccesawn,  'm/t 
'  TenpnribiM  dutMiir,'  and  whuih  \}i 
(Mthalhef  af««wanitoptcsetvp,or  (heni 
be/eto  A  •».  And  the  expr**  woi*!* 
inifafCB  reporlMl  in  tlie«e  bookK  ibm  tbor 


>n,  lliiilllic  c 


i.'nuld  1! 


Jones  l(jH.  Ilmlderiitee  JiitmiMtaf 
saith,  that  the  dean  and  chapter  taqnut  ««•• 
durtbeircorporatiiHi.  Pidtn.M)l.»^iilkKil« 
there  saith,  for  Ibirt  the  dtui  and  ch>(iWM 
coiin&el  lo  the  budiop  insikuled  to  iM  pwg 
they  cannot  disstiK a  thun^etvM-,  forthrpdai 
corjioration  is  lh«  soul  to  the  bnd y,  ibtl  "^ 
be  grantnl  or  nerered  ;  (hough  ihe  liip;  M 
create  a  mrporation,  he  cannot  iHsmlwil.  !■ 
Jones  Inat.  there  503,  lairh,  that  ibelfU* 
chapter  wore  eounscJ  to  the  Inahop,  anirtM 
destroy  IhemaelveB;  if  they  could,  frolii 
i/imeiiieniie  thereby  will  Muiie  to  th«clii*l 


Rex  tersiis  Major'  et  Commun'  ct  Civ'  civitatu  Lomdivi, 
An  Infok.maiion  in  nature  of  a  Quo  Warranto. 

PaBcha;,  34  Car.  3.  H.  R. 


London,  ((.  Menioranil',  Quod  Kobertua  Saw- 
yer iVIiles,  Altom'  Domini  Rt^gis  nunc 
Kneral'.qui  ^ro  codun  puoiino  Kegeiii 
c  jiarle  scquitur,  in  propria  peruana  lua 
veil'  hie  in  curia  Uicti  Dninini  HegtB, 
vorani  ijito  Ke^  apiid  Westui',  die  Lunie 
{in>\'  |HH,t  quiuden'  sancti  Murtini  ult' 
pi-8<tcrii',  el  pniMMlein  Uoniitio  Kege  |m«- 
tiilit  hii'  ill  ciir'  dicii  Doniiui  llesfin,  coram 
Ipso  ftcgc  tunc  ct  ibidem,  quund'  Informa- 
uon*  ii'rvnti  Mnioreni  et  (-oniiminitat'  ac 
Cites  civital-  Londuii ;  quie  quidein  Infor- 
ma%'w  scquitur  in  ltKl^>cl-bil'.  ». 

Ijondon'  s>.  Heinoraiuluio,  Cluud  Rotmrtos 


Kiiwyer  Miles,  Attorn'  Doio'  Regis  nDiM  gl 
rnlis,  qui  )iro  eodeni  Dom'  R^^inbacf 
BL'i|nilnr,  in  propria  perroim  siui  rat'  hi 
cur'  did'  Dom'  Regis,  coi-am  ipso  R«e  « 
Weatm',  die  Lunir  prox'  post  qumden'  a.  I 
(Ini  isto  eortem  termino,  et  pro  eodem  E 
Itege  dat  cur*  hie  intelligi  et  iafbrnari,  C 
Major  et  Commuaitas,  ac  Gives  civitat'  Lm 
pned',  per  spacium  unius  meiuis^m  uh'ei 
clampuui,  nsL  fiierunt,  et  adhuc  uttrntn 
clamant  liabere  et  uti,  abume  ali^uo  u-tni 
sive  rcgali  coucessione,  infhi  cintat*   Lm 

STiEii',  et  liberiat'  et  procioct'  ejusdem  tin 
ivcrsis  libertal',  privileg',  «it  francbis*  se^ 
"i\4i\\,  Tore  4e  wi^  Mtaaa  ctxpiu  cmf( 


L'uifi  uai 


I     STATE  TRIALS,  34  Ch akles  II.  l6S2.^and  the  City  of  Lakion.     [1290 
b  et   Comniunitat*  ae  Civiuiu  rivitat' 


a',  ac  per  idem  nomen  placitore  et  iin- 
iri,  m[ionflere  et  rrapniideri,  ac  etiam 
5  Vicecoinit'  civitnt'  et  com'  ci vital*  Lrm- 
!t  nomiiiaro  ct  eligerc  ex  seipsis  Uuas  per- 
fore  Viuci*<irait'  ci\  ilat*  pned'  et  com' 
eivitatS  acill*  sic  nominal  et  elect*  jirec- 
et  c^onstituere  Vic'  civit'  piwd*  et  com* 
m  riTitat'y  ad  execution*  et  retorn*  om- 
irevium,  billanim,  ct  pneceptonim  Dom' 
pro  admin istratiune  et  executiouc  jnstic* 
»vit*  pned*  ct  com'  ejiisdem  civit*  eve- 
ikoiend*,  ac  ad  faricnil*  et  excqu(>nfl* 


luunitat'  ac  Ci?ium  civitat*  London  ac  per  idem 
nomen  piacitarc  ct  implacitari  rcspondcre,  ao 
renponderi,  in  informal*  pranl*  sn|ieriiM  Kpe- 
cificat%  iidem  Major  et  Coinmunitas,  ac  CivcA 
Givit*  London  dinini,  qnod  did'  i>om'  Rex 
nunc  ipsoti  occaiuunc  inde  impetere  seu  occa- 
Kiouare  non  debet,  quiadicimt,  quod  pnkHl*  civit* 
London  cKt,  et  a  temfmre  ciiJiih  contrnr*  mc- 
niorta  homiii'  non  exist*,  fuil  antiipia  civitas  ; 
quodque  Cives  ejusdcni  Civit*  sunt,  et  »  pncti* 
tcmpoi-e  ciijtis  contrar*  mcmor*  linmin*  non 
exist*,  fuenmt  un*  (corpus  c<nqK>rat*  d  {lolitic*  in 
facto,  et  nomine,  per  iKHncii  Majoris  ct 


et  mngfiila  al*  infra  civit*  pned*,  et  com'  Commanitat'  ac  Ci\inm  civitat'  London,  ac 
m  civil*,  qnee  ad  officium  Vic*  faciend*  l^cr  idem  nomtm  |ier  tot*  tempns  iiliid  placita- 
»t ;  ac  etiam  habere  Vic*  com*  Middle-  ver*  et  implacital*  fiiunint,  rcspondcr*  ct  rcs- 
nominare,  eKgere  et  ronattituerc  ex  se-  pons'  fucrunt,  ct  piacitarc  ct  im(>lacitari,  rcs- 
ic*  com*  Middlesex,  pro  etnlem  com*  nt ;  i>ondere  ac  refiponderi  a  toio  temjM)re  sunradicto 


mfs  inde  deservitiir,  ac  omnia  brevia, 

et  pnecepta  Dora*  Regis  infra  com*  Mid- 

'  pned*  pro  SflminiHtrationc  ct  execiitiiinc    Utmiin*  Jfenrici  qnandam    Kegis  An«j[l*  tertii, 

ioid' exequend*,  et  retorn*  inde  faciend*,  !  apudWestniMn  coiniiai^  Midd*,  aunorepfni  sut 


usi  fuerunt,'el  c(»nHiiever-.     QuiHiquc  m  I^Iag- 
iia  IMiarta  de  libcrtat*  Aik?!*,  in    E'arliament* 

1\ '.It  •■  I  .»■  A  I,. 


!  mliqna  oommissione,  sive  aliqnibus  literis 
ibiu  a  Dom*  Rege  inde  obtent*,,8ive  ob- 
Ac  etiam  quod  Major  ct  Aldermanni 
rn  civit*  ilierunl  Justic*  Dom*  Ke^s  ad 
intra  civit*  prsed*  conservand',  ac  ad  sessi- 
■ces  et  placita  conuiie  infra eamlcin  civit* 
S  ac  adomnes  felon',  riot*,  ct  cou^entic* 
infra  civit*  {»ned'  inquirend',  andiend*,  el 
and*  authontate  ipsorum  propria,  absque 
oommissione,  sire  al*  ai:thoritatc  a  Dom* 
ia  ea  parte  conccss*  sivc  ot>tent'.  De 
quidcm  omnibus  ct  sini;fulis  li- 
,  privileg*,  et  francbis*  iidrm '  Major  ct 
unttas,  ac  Cives  civit*  Loudim  iiruMl% 
Aim  tempns  snpradictum  sn[»rr  (lictuni 


non  tent',  «<!it*  «-t  pnwis*,  continent*,  qnotl  ci- 
vitas  liondoii'  habcat  omncs  libertnt*  snas  an- 
tiquas  rt  cousuctud'  suas  ;  et  iidtm  Major  et 
Cominunitas,  ac  (*ivcs  civit'  London  uhcriiu^ 
dicimt,  quod  Doniin*  Kd^vanhis  quondam  Hex 
An;^*  tertiin  in  parltauic-ntf»  siio  upud^  VVi.Ktni' 
in  Comii'  Miild',  Hnnf»  reqfni  sui  ;»rinio  te»il* 
perquandaui  chartaui  suani,  de  nnisoiisu  pnc- 
iator',  Coniit*,  Baron',  ac  totiu»  <Jonnniaiitat* 
regni  sui  in  etnlcm  |iarliameiil*  s'jo  upml  \V«jtm' 
prad'  convocat'  existeu*,  ac  autlioritut*  (jnsdcm 

JMirliaiuent*,    i*onfirmavit    tunc  Civihus  civil* 
iondon  pra-d*   libcrtat'  suIisimjucu'  (iiif  alia) 
lial)rud'  sibi  ct  successoribus  siiis  in  piT|Ntinnii 


m]priuiisre«.*itando,  Uumlcuniin  ^IH^^il:lCllarU 
Rei^em  nunc  UMurpavcnuit  et  adhuc  usur-  j  de  lilKii:it'  Anirl' cinitiiu'sit,  quod  cm  it'  l/mtlon 
in  diet*  Dom*  Regis  nunc  contempt',  ■  babeat  (Hun'  libcilat' suas  HUtiquasct  cousue- 
;atim  snspregite grave dampnunict  lira-  tud'suas;  et  quod  iidem  Civcs  tc'iu|M»n*  iim- 
m.  Unde  idem  Attorn*  diet*  Dom'  Regis  fe<'ti<m*  dicUe  cliaiiie,  ac  lcuqN)riliUN  saucti  Kd- 
^eneral*,  pro  eodem  Dom*  Rege  |k.1*  wanii  Ut-gis  et  Confessoris,  ct  Willictuii  Con- 
nent*  cur*  nic  in  pnpmiss',  et  debit'  leges  quinstoris,  ct  al'  pn>genit<»r'  diet*  H'-^^is  KiUanli 
s*  versus  pnefat*  Major  et  Communitat*, 
es  civil*  London jpncd*,  in  hac  parte  fieri 
Kmdend*  diet*  Doui'  Regi,  Quo  Uar- 
^bmant  haberi,  uti,  et  gaudere,  libcrtat*, 
^,  et  francbis'  supi  adict',  ike.  Per  qutNl 
ituui  fuit  Vicecomitibus  L(»udon,  quod 
fac'  eo9  ad  respundend'.  Sec. 


tertii,  f livers  lilicrtat*  ct  consuctud*  taui  per 
chartas  ipsor'  progt?iiitor*  suor*,  quam  sine 
chartis  c\  antiqiia  <*onsuetud'  liabuiss^nt,  \oluit 
etconccHsitidem  Rex  KdManbistfiliu'i,  pniiYCct 
btertnlihus  suis,  |n.t  char  lam  ili:nu,  auiiioritat' 
pnpd'  qumi  iidem  Civcs  halM-rent  lilx'rtat'  Nuas  sc- 
cuod*  form'  Magu^  Cbart:i^  suiiradict',  1 1  qiUNi 
DOflo,  scilicd  die  Luna'  pro\*  post  eras-  <  proaliqua^H*rsonaIitnuis;^-*,vcljudici«ipcr'>onal* 
Aacens*  Dom*,  isto  eodem  termino,  co-  )  alicujus  inmihtri  ijusdnu  ci^it'  nonca(i»'n-iit>II- 
Nm*  Rege  apud  Wcslm*,  vm' pnMlirti  ;  bi-rtat' ci\it' ill*  in  nrinus  tjusiltui  l{(*gis  l^d- 
et communitas,  ac  Civcs  ri^itatis  l^n-  •  wardi  tiTtii,  vel li< nd* suoi',  sf<lhiijusmiHli  mi- 
^  Benedictum  Bnmn  Atlornat'  suuni,  I  nisti-r, pn)iit  qualitiis  trau»H:r«'ss*  ntpiireret,  pu- 
tto  auditu  information*  pruhl*,  qurrunt,  sc  nirK'  prout  {kt  candrui  chartain  :;crun'  dat'  apud 
ejtudem  informationis  <0'a\it*  fhrc  vcvat'  I  U  fstui'  piunl*  sexto  die  Martii,  anno  n^gni  diet' 
aeUt*,  et  hoc  minus  juste ;  quia  pni-  Rt-gis  KiUunii  ti-rtii  priuio  suiieradict*,  sub 
J J   •_^.  _    .-  ..  niaguo  KJgillo  kuo  Augl'  sigillat,  hir  incur* 

pn»lat'  (inter  alia)  plenus  apparet.  Kt  iidem 
MajoretT'onununitas,  ac  Cives  civil'  I^>udon 
iihiTiiis  diruiit,  (IuimI  ad  instant*  ct  ntiuisli' 
Communitat'  rirsni  AngI'  in  parliamcuto  Dom' 
Ricfianb  uujicr  Regis  Auijl*  si:«*iiiido  |Mj>t  Con- 
quest*, apud  Wcstru'  pncd'  anno  nrgni  f»ui  S4'p- 
timo  lent',    assemUat*  \iro  maiow  tYwu-w  v< 


Ad  quod  informatio  pruiil',  matoriaq*  in 
leoDlent^  rain*  suffic'  in  irgc  i-xiM*,  ad 
f liidem  infomiat'  ip^i  ncixsse  lum  halicut, 
tleran  temeteneut*  aliipio  ni<jdo  rcs- 
1%:  fVoplacttotanicu,  quoad  libcrtat'  pri- 
Ct  fianchis*  scqucn*  {\\z.)  iusos  Major' 
S  ac  Civcs  ci%  it*  JjOiidon  ton; 
lOorposcoqN^mt*  etp<ditic'  in  re, 


mmaiaif  pernoinenMa^ctCom- 1  p«:eiiiterhscme^us4ei&  uu^^«^ 


omnes  ct  singulas  suas  iibertatS  IrandiS  et 
liberas  consuetud*  adeo  inte^^raset  ilUesas,  sicut 
.eas  iiDquamallmio  tempore  progenitor^  ejusdeiu 
nuper  Regis  lleurici  sexti  melius,  quietus  et 
liber  habuisseul  etteuiiissent,  proutpcr  casdem 
iiteras  patent  (inf  alia)  plcnis  apparet.  Quodq^ 
Domin^  Edwardus  nuper  Ilex  Angl*  quartus, 
per  Iiteras  suus  patent*  sub  mag^io  si^i^illo  suo 
Au§^l<  8igillat%  gerend'  dat'  apud  Westm*  pruiu^ 
iiou  die  Noveukbr%  anno  regni  sui  lieoundo, 
quas  iidem  Major  ct  Cummunitas,  ac  (Uves 
civit'  Loudon  hie  in  cur*  prot'erunt  pro  sc  et 
hieredibus  suis  confuinayit  Majori  et  Com- 
muuitai',  ac  Ciribus  civit'  LfOudon  et  succes- 
eoribus  sui^  in  perpctuum,  onin*  ct  singulas 
suas  liberlat',  francS  et  libertas  cousuetud* 
adeo  intcgr*  etiila'sS  sicut  eas  unquam  aliquo 
tempore  pi-ogenitor  ejusdem  nuper  lleg*^  hd- 
nardi  quarti  melius,  quietus,  et  liber  liabuissent 
£t  tenuissant.  Et  ulterius  idem  nuper  Ilex  Ed- 
wardus quartus  per  easdam  Iiteras  sua  patent*, 
<M>ncessit  eisdem  Majori  et  ConnnunitatS  ac 
Civibus,  quod  licet  ipsi,  ?el  pruedecessor*  sui, 
aut  Major  et  Alderman*  civit*  pnedict',  vel  pree- 
deccssor'  sui  praeantea,  vd  successor  sui*  ex- 
tuncin  poster*,  aliqua  vel  aliquibus  libertat* 
quielant*  conress*  ordinal*  articulor*  seu  li- 
Ijcrar*  consuetud*  aut  alior*  eisd*  literis  patent* 
eiusdem  nuper  llcgis  Edwardi  quarti,  sen  at* 
kteris  suis  aut  progenitor*  suor*  quondam  Heg* 
AngI*,  eisdem  Majori  et  Communitat*  concess* 
content*,  aliquo  casucmcrgenteplene  non  usi, 
vel  abasi  fuerint,  noluit  tamen  idem  nuj>er  llux 
Edwardus  quartus-  quod  propt*  boc  ifisi  major 
ct  communitas,  Alderman*  et  Civcs,  seu  siio- 
cessores  sui,  forisfactur*  alicpior*  pr4EmLss*  in- 
currerent ;  sed  quod  ipsi,  ct  eor*  succssor*,  uni- 

VOi*«i'S    Ot    Gilimitic     lilinrfrolt     niiui<titit<    ^/tn 


.'.jt 


iidem  Major  ct  Communiti 
London  ulterius  dirunt,  quo 
nuper  Kex  ^\ngl*,  &c.  jier  1 
sub  magno  sigillo  suo  Aiigi 
dat*,  apud  Houorem  suuui  c 
\icesimo  quarto  die  2Sei>teinl 
Augl*  sexto,  quas  iidem  IVLi 
ac  Cives  civit*  London  kic' 
recitando,  qnod  cum  quaiiipl 
ipsius  nuper  Regis,  quondai 
gratia  ^a  special*,  ac  pr 
multiplicib*,  et  contin*  servit 
Communitat*,  ac  Gives  cnvii 
decessor*  suos  temporibus 
iiiipens*,  necnon  pro  divers* 
consideration*  eos  separatim 
concessisseut,  et  confiniiassi 
munitat*,  ac  Civibus  civ  it* 
successor  suis,  divers'  I 
thincb*,  immunitat*,  autbo 
ordinat*,  oonsuetud*,  quieta 
paral*  Iiteras  patent*  pn^^i 
suor*  quondam  Regum  Ang 
fcstius  li(|uebat  ct  apparcltat 
Jacobus  pro  ct  in  considsral 
constant*,  et  promiit*  et  la 
Major*  ct  Commumt2it%  ae  i 
pnedict*  eidcm  nuper  Re-; 
sui  primis  ausniciis,  et  c\i 
manliest*,  et  Bdclissini*  laci* 
et  singulas  Iiteras  jHUent*,  cl 
pneclariss*  progi*nitor*  et  ai 
dem  Majori  et  Coramunitai 
London  prnMlid*,  et  prm 
quiecunquenomina  incorpoi 
pora  tact',  concess*,  seu  an 
ct  ningtdas  douac',  concessS 


\]     STATE  TRIALS,  34  Charles  II.  l682.— owd  tite  Cift/  r/  Lo:idon.     [\7Q  i 

nonuti  MajoriK,  #*t  Civiinii  i*ivit*  Lon- 
I  per  nmnei)  Mijons  et  ('uniiiiuiiii;iiis 


wu  per  nmnei)  Mijons  ot  runiiiiuiiii;iiis 
His  London,  sea  per  iiom«>n  riviiiiii  rivil^ 
km,  sen  per  nonien   Itaron*  Limuoii,  st^a 
loaien  Baron*  oivit^  Lnnilon,  s^ii  |)»t  ali- 
al^nomen  qncxtcunrjiie.  rntione  sew  ^i!jfor<> 
■r«  literor*  patents  oliuruir*,  sea  cniiHrniac* 
•r*  prOffenitorS  pniMlcccssor*,  ant  unt:cf-s- 
eiiis«lem  nn[>cr  Urq^is    Jacohi    fjinindiUTi 
■   AnglS    alicpio  tcnqNin',    vel   iili(piii)ns 
loribns    habiiisseiit,    sen  nitionnlniit^    wA 
mt,  ant  rx^rrnissi'nt,  rata  lialmit  et  crrala. 
ro  BC,  liu^nnP  ft  sucassor*  snis  a(.*copt:i\it 
iprolmvit,  ac  4fi  onm'pi  rt  sincfuia  pitrfVi* 
ir*  et  CoiDinunitfllS  nc  Civihiis  civil*  Lon- 
imwlict*  ot  e<»r*  Mnc'<*i*ss<iribus,  per  rasilt'in 
m  Alias  patent^  nitifica^it  ct  eonfirniavit 
mIS  tc  ncnd*,  jjfaudend*  et  exeroeii<l«  omnia 
Bgnla  pni'inissS  eisfleui  Alajor*  et  Coinnui- 
%at^  C'i%il»us<'ivit*  Iyon«lon  nncdict*,  etsur- 
Mrilras  suis  in  pequ tiiiini,  adco  plcne,  'ibere, 
iCeg^,  ac  in  tani  nmplis  modo  ct  ftn-nia,  ac 
paraiim,  sins^nhtiin,  et  noniinatini  in  liti*ras 
rit*  ill*  express*  nominate  declaral',  retritat*, 
•nifeil*  essent  ettiiisKc-nt,  ]tro!it  per  easdoin 
M    patent'    (inter'  alia)    plenin^   apparet. 
dqne  Domin*  Carol  as  primus  nnper  Ilex 
1%  5cr.  per  lilei'as  suas  patent*  sub  mai<;no 
b   suo   Ani;l*    s-i;/dlat*   j^'ren*   dat*    apiid 
tan*  pmHiiet*  <leeiino  octa>(>  die  Octobris, 
» regni  sni  qnarto  di^nmo,  ni;as  iidem  Ma- 
t  CoruiniinitaH,  ae  Cives  civit*  I/Oiidon  hie 
■*  proicrunt,  on-.iiia  et  sin'ndu  pririle;;*, 
Itt' franc*,  quietanc*,  innnimitat*,  et  liberas 
■eCuii*  (piieeunqne,  '{nic  pnef'ivt*  Major  et 
RHinitas,  ac  Cives  civit*  lifMiil'^n  pned*,  vel 
hrcs.sor*  sui,  per  nomen  Majon's  et  CVm- 
Blat*,  ac  Civitiin  civit*  liOndon,  sen    |kt 
fen  Mbjoris  et  .Aldcrnianrr  CJivium  et  Com- 
itate Loudon,  M:U  iK?v  n<iirK  ii  Mujoris  ct  j 
um  civit*  Lrmdon,  sen  jM»r  nonien   Majoris  i 
^iminunitnt*  civit*  London,  i:e  ]»er  nooK'n 
.um  civit*   L«md«n^  s»mi  per  iiftmen  Baron* 
don,  «ni  ]ier  nonjen  Baion*  civit^  fjondon, 
per  aliqiiod  al*  nonu-n  quodciinqiTe,  rutione 
▼iffore  litnrar*  patent*,  ch:i»i'j**.  «cn  rontir- 
fj  in  ei«d«'iii  Uteris  patent*  ibt  li  iiiijnt  ilvtr'ni 
aiipriiiii  nientionat',  vel  (iwii  vel  ptft<erip- 
c,  aut  alio  hH^l*  nXMio  itiifiuo  1eni|}u;'e,  vel 
f^tft  temiMndiiis  uiile  tunc  babuisM  nt,  s(  u 
Mtliiliter  nsi  i'liiisi^nt,  ant  extrciii.iSfjit,  r^t* 
•nd*  et  irrata,  ac  pr<»  se,  bun'e(hbii««,  et  snr- 
Mribtu  auis  acreptavitft  a|i|miba>ii.  ae  eu 
■iiet  ■in«rnla  piuliif  iVlmori  vx  Conima- 
*,  ac  Civibuii  ci>  :V   liondon,  « t  <'«r*  snr- 
■•r*,  |ier  easilem  ]itf'ras  suas  potent*  i  at  i(i- 
"it  ^  confirniavit,   pniut  [mt  literas  palt  nt* 
(int*  alia)  plenius  litpict  el  appan-t.     Ciuod- 
'pned*  lloiiiin*  Hex  nunc  per  litems  suas 
■ftl'  Kid>  maffno  sigillo  suo  Am^l*  sijfillat*, 
*D'  dat*  opnd  Westin*  pnnl*  viersiuio  tpiarto 
'Qnii,  auno  rc^ni  sui  dceimo  cjuiulo,  cjuas 
ft  Major  et  ('oronninitas,  ac  Civ«-s  civit* 
■fen  hie  in  cur*  pmtrrunt  pro  ip^^o  Beire, 
**^" — I  ei  BiKvcRsorilHis  suis,  ratiticavit  et 
it  Major*  el  Coniuiunitat*  ac  Civibus 
ii  Ct  succensor*  win,  oquua  st  m- 


C'da  jaii»j;!ieti!,ii*,  aiil/ionlar-,  pri\i!ft,Mib(  r- 
i.it*,   Jra'M'li*,   ijiiiit.UM.",  i:ii:t.uni::;t*,  «i    mn- 
s?iii'iiidSni;iM'irfiipi*-.  <jua'  ni'U't'jtt*  ^lai«ir  ri  Com* 
uuuiitns,  «ic  Civ(.s  rivii*  London,  \i[  |.r:'deces- 
sor'  sui,  piT  noir.en  ^iijor*  el  t.-c»iunn".'.it;\r*,  aa 
(yi\iam  civit'  I^uidon,  sen  per  uonieri  i>iujnriN, 
AkbTmannoi*,  Ci\iain  et  Conuntinitat*  l>on- 
don,  scu  JMT  n(»meii   Miijoris  et  Civi'.nn  civil* 
liOiidon,  M^u  p<*riiomon  Major*  et  roinmnnil* 
civil*    London,  sou  pi-r  nonicn  (liviuin  c^i\it* 
London,  sou  p(V  U(»iuen  Baron*  liondon,  Ke1^ 
per  nomen   Bantu*    ci^itat*  Jyindon,  sen  per 
alit|uod    ab  nomen  <puMicuntpie,  ratione    vel 
vi^re  lilerar*  patent*,  chartar*,  sen  confirmat* 
in  eisdem  literis  patent*  dirti  Domiu*   Keg^4 
uunc  pncmentionat*,  vel  alicujus,  sen  aliqnor 
usus*  vel  usu  proescription*  vel  pncscriptionnm, 
seu  al*  lei^rali  modo  <pn)cuncpie,  aliquo  tempore, 
vel  aliqnibiis  temporibiis  ante  bunc  habuissent, 
seu  niticaiabilit*  nsi  iuLsseut,  seu  crvercnissent, 
bnbeud*,  tcneud*,  ^udentl*,  etexercend*  omnia 
et  singula  pn?i:iiss*  prardict*  eisdem  Majori  et 
communitat*,  ac  Civibus  civit'  London  pne- 
diet*,  et  succesKoribus  suis  in  perpetimm,  adco 
plene,  libere,  etinti'gTe,  ac  iu  (am  amplis  mod(» 
et  forma,  prout  in  eisdem  literis  i>atenl*  su- 
pcrius  mention  al*  fore  data  sive  concessa,  ant 
a!it*  WW.  pnifscription*,  vel  al*  ie^Ui  modo,  seu 
jure  cpiiKrun<pic  ante  tunc   resiicctivc  habit*, 
obtent*,  sive  gavisa  fais«ent,  acsi  se|mratim, 
sinnfidntim,  et  nominatim  in  et  |)er  dietas  literas 
jKitenl*  ipsius  Dnmjn*  Regis  nimc  express*  no- 
Ufinat*,  <irclanit*,  concess*  ct  manifesta  essc»nt 
et  fuissent,   prout  per  easdem  literas  patent* 
(inter  alia^  plenius  a|»paret.     £l  eo  warranto 
iiileni  Major  et  comnumitat*,  ac  Cives  civitat'* 
1/indon,  i>er  tenipus  inintiirmatione  pnedicta 
sufN'rius  si»ecilic*  nsi  fuer*  et  ndhuc  ntnnt*,  ao 
(clamant    halN're  et  uti,  Hl)ertat*  privilcj;*,  et 
i  ranch*,  fore  de  sei|>sis  unum  corpus  cor|>orat^ 
et  politic*  in  re,  facto,  et  nomine,  ]ier  lUMneti 
jViajoriset  Communitbt*,  ae  Civiiun  civitnt*  L<»n- 
don,  ac  per  idem  nomen  plncitan;  ct  iinplacitari 
respontlere  ue  rcsponderi,  prout  eisbonc  licuit  et 
lint* :   Alisqu*'  hoc,  quod  ndem  Major  et  Com- 
muiiitas.  r  •  <'ives  ci\tlat*  London,  de  lilkertat*. 
pii', ile^-Lt  I'lanch*  ill*  super  diitum  Doniin* 
K(^^''i.iu  lume,   per  teuipus  prurd*  iu  infonna- 
tione,  pia-d*  snperius  sjuicifie*,  nsurpaver*  seu 
usurpai;t,  pr  tu  per  intbrmation*  ill,  pro  di'.-to 
iloniiii*  Rf-u'C  nu!ic  supi^rius  supponitur.    Qutc 
omnia  et  sininila  iidem  Major  ae  Conmnniitas. 
ac  Cives  tivitat*  litmdon  purat'snnt  veriiieare  ; 
unde  peiunt  judicium,  et  quo<l  hbi'iiat*,  privi- 
l»*Uf*,  et  franeh*  ill*  eis  et  successnribus  suis  iti 
per|K'tiiuni  di-iuceps  allocent'    I't  adjudicent*, 
(>t  quod   insi,  quoail  prainiss*  ill*  ah  h»c  ciiv- 
dimjttant*,  Ve.     Kt  iidem  Major  ct  Conmiuni' 
las.  ;u*  Civf  s  ci^it*   I^udun,  quoad  libertat*, 
priviltiT'  et  franch*  scquen*,  vi'/.  ipsos  hid»erc 
Vieec<tn»*  ci\ii'  et  com*  civil*  London,  et  Vice- 
corn*  Midd*  et  nominare  ct  clin-ere  ex  seipsis 
dnas persona?  fore  Vicccom*,  «ivit*  pnediet*  K 
com*  ojusdem  civit*  et  ^iccrom'   Midd*  ac  ill* 
sic  nomiiiiil*  et  elect*  pruiicere  er  eonstituere 
\ic«»com*  civil*  prteirict-  eteom*  e^vwvWwx  vvs^  ^ 


1095]  STAl^TKULS,  3«ChabluII.  16»2.—Pnteidimga  Mi 


did',  8t  com  rjiiwli'iii  civil',  ad  cxecirt'  rt  retom' 
DntDiwin  brcviura,  bill',  ct  pnec«)il'  Uoiuin'  Re- 
tps,  pro  udmiuistraUuiie  ct  execuv'  Justai:' 
inlia  ci»it'  oncilirt',  et  com'  ejiisdem  ci*it' 
exequeml',  tacinul*,  qim  ail  officium  vice- 
coni'  Ikciend'  (icrtiiMnil,  ac  ad  laciciul'  et 
exeiiuend'  uronia  el  sinijvla  aliit  iofra  civil' 
et  cuQk'  ejnsileiu  ciiit',  <{Uie  ad  otScium 
Viceoom'  laeienil'  {leniiwol,  ac  nt  Mceconi' 
com*  HM'  fTO  eotltiu  «i>iu'  dmervilur',  bc 
omiuu  lin-vio,  IhII',  ct  prntcopl'  t>*tmin'  Kcgu 
iul'ra  t'uni'  Midil*  pnedict-,  ]>ro  adiniuiMi'iaioae 
M  FMFriitiunriiuliciiiJ  il>idciii  exeqneuil',  elte- 
(«iii<  iiiilij  liu-Muid'i  qiue  ad  officiuiu  Vicemni* 
fociL-nd-  |icrliiicn';iticiinl,qunldii.niuD(iiniiiiu 

IttUL   nunc    i]IIWI>    Ul^Klll   ft    OODUHUIliUt',  BC 

Civcs  «ivii»t-  Lotidim,  ucciuiuai!  ind«  iin|>Pleni 
ecu  ncca«<in>re  iwn  dt4iet,  quia  dicunt,  quod 
pnedicf  civit,  tAinUon  rat,  et  b  tempore  ciyns 
I'nutnu-'  Diemoria  homin'  Don  raiiat',  faitMi- 
ti<iua  civitM  tit  notjqu'  roinit'  de  ae,  quDdqaG 
jined'  com'  Midd'  per  totuin  tempus  lined'  tiiit 
et  eat  natiqaui  contit',  quodquo  elves  ejusdon 
dvit'  sunt,  et  a  pned'  teiup«re  ciyui  coatrar' 
ntaaar'  bomin'  nun  c»(t',  fHer'  uu'  corpnn  Mr- 
]iorat'  H  [Militie,  tniu  p«r  notnen  Miijor'  et  com- 

IBUIiitU*  ao  avium  Otil'  Lnwlnn,  qusinperna- 
Tuen  ('itinmiioiiitnii;  qnodqiir  UoiBin' Johan- 
lua  quniulitm  Kcx  Aucl't  p*r  lileraa  sum 
patent'  Hub  umkxo  titfilfu  aua  An»i'  Kiffinaf, 
Kdreii'  dot'  spiul  bnuutn  villaB  mipn  Toluun 
^uioie  die  Jiilit,  anno  tegiu  tat  ihiiim,  nuaa 
iideiii  DiBJor  ti  {itiuniuBitas,  et  cives  civitut' 
Luodoii.  Iili'  ID  ciir-  prufemut,  cotieeNsit  civibue 
Luudun'  pned',  Vioecoioii'  lioniioD  W  deMidil' 
cuui  oiuiiibuK  rebus  eX  tnokuetiulincbus,  qua? 
{wrtindNint ad  pncd'  Vicecorn'  intra  lirit' el 
eKtra.  per  terra*  el  \nx  a<|ita!ii  babend' ette- 
nend-  eiH  in  pcqiiitiuiin.  Et  pnctfrca  idem 
X>(Miuti'  It('X  JuliHDDi-K,  per  literos  suas  pal«nl' 
prail'  concessit  WHit-tn  ci*ibitK  Loixl'in,  quod 
Ipsi  dv  twip«ls  fncen-Dt  Viceroin'  quoHniiinuH 
voldevial,  et  ainovercDt  qunodo  ndueruit, 
proiit  per  Msdeni  lilvrsH  patent'  [inter  nlia) 
fdeniiiti  apjiaret.  Qiiudque  in  Mn^ia  Ciiitrta 
lie  iilk^aiibiifi  An^btc,  in  jiarliaiuenl'  Du- 
min'  Kfiiriiu  qiuiiuLun  Hegtii  Aae^'  IcKii, 
H|rud  Westm'  in  com'  MM'  anno  regni 
wit  nuno  teut>,  t^t',  el  jhwie',  eonlini-t>, 
quod  uvil'  Jjmdiin  hidipot  oiHuts  libtrtal' 
liuaH  autiqoas,  et  conmetud'  nuaa.  £t  iidem 
Majuf  et  com  roil  niUB,  ao  Cirts  dviv  Lon- 
dim  iiltiriiis  dicunt,  quod  idem  Doniiii'  lti:x 
ilenricus  tertiiu,  per  litems  subs  patent*  sub 
■ua^u  i<i)filki  suo  Angl'  si^llot',  gifiren'  d«t' 
opud  VVesUu'  pnril'dectmoot^aTo  die  Febnurii, 
Biuio  regui  £iii  undcciiuD,  quas  iiilcm  Miyor  et 
commiiiiii^w,  ae  Cives  iivit>  Luiid'iu  fiic  in  caH 
profEfiiM,  cuiifirntavit  CivihiK  Luiuluti  Vioe- 
cum"  lyjiubn  et  ile  Midd'  ni»«  uninibiis  rebiw 
etcon^UFluduiib',  qavpertineb'ad  pneil'  Vire- 
wni'  infra  civitBf  el  eWra,  per  lerrm  et  per 
aquaa,  prout  |<iYen«deni  librss  potent'  (inf  al') 
gilcnios  npnarel.  .Uuiid({uc  l>rirntn<  SdwnnhM 
qdondani  lirx  Ai^l'  lertrwi,  in  parliament'  huu 
afud  Westni'  in  oun'  lUidd',  anna  rr^nj  sui 
iiniiMtCDl',  per%uatudHQ  cVutUmstxatateoa- 


■11  lined*  libcTiii'* 


Mafna 


t£ori 


Civibiu.c 
(iuf  bI<)  b 

perpetunm,  impriiui*  rfctlando,  qwi 
Cbarta  il«  liliertat'  Aag*  ■ 
iviiaa  Laudun  hnbcat  anaa 
antiquum  et  onuNiuitiid',  anu  «(^ 
Civrsl«iupuri.-cunlG(^oii'  dIctMabai* 
noribuk  Mwcii  Kdwanli  H«v<*  «i  Coal 
VVillielmi  Conqumtaf  H  al*  fttfa 
nntiu  Kdwardi  tanii,  dtrcrMB  UMMi 
suctud'.  uiu  per  diutaa  i(Mr<  fMgn 
qEUuniiinechartiiiesaMticraaaaiMMto 
nenl,  vutuii  et  cnnncaMl  kImu  Bel  1 
lertiua  pro  se  el  bwmlibiM  mi*  per  A 
autliireitBt'  piml',  quod  iiilnn  Ci>B 
libertat'  siiaa  muuihI'  ronaam  Ha|c 
suuraijici'' ;  M  quad  pro  aliqiM  )i«mnMl 
vel^udieio  peisuaul'  alicnjiw  miniali 
citit',  nou  ca|Min3l'  libcrWa  cirir  ill' 
e|uad'  Kejt'bdiraritilenii,  vellNcrnt 
kitfuuiioili  uiiaictur,  prout  ^islitaa  « 
qiuriTt^  punireliu-,  pn>ut  per  tsniai 


i;eren'd*l'niiudWeMni<  prj-d'a^.. 
atuiu  r<<^i  lUcti  Retp*  BiUpanli  iMiii 
nnulict',  nib  magw  iHinlhi  ««o  Ingl 
liieiumT'pmlM'(inl'aliii)pl<n>ia«a 
iidwu  M«)nT  et  (>iinu»iiMBB.  ac  C 
IxMidoii  uberiuB  duMUH,  quad  ad  i 
nx|iiisitiwi'  Couoiuuilai'  rcgni  Anfl' 
mcnto  Do[iiin'  Itidiuiih  nu|i«-  n<^ 
■;undi  po»k  conquestum,  apuil  tVe«tm' 
re^i  sui  septiniu  Ifnt',  a&semblai'  pi 
quiet'  ct  paee  inter  liicats  rjusdem  nn 
Ibvcnd',  et  pro  bonn  puUhUiMdiksc 
libertal'  |aivile^,  ei  Iraiidi'  a»ii'  pt 
ciribuB  oivitat'  dlius  ft  ear'  simctmw 
uw  non  fiierint,  vd  aiuisi  rucrint,  <• 
tburilal'  ejusdem  uarliaineal',  nAha 
firuiBl*  liKr*.  QiHidqne  uiiroinw 
nuper  Ilex  Aiigl'  seMiis,  per  then 
tenL'  Eub  lUBgno  Kiii'iUii  sua  Augl' 
Ifereu'  dat'  aptid  >Veiiiti'  pned'  lieei 
dicthiohri!',   Hunn  reiciii  sui  iiMai 


el  siicxsiuribus  silio  ctnifirmaTil  . 
eoumtunilat'  tie  ciTihos  civit'  LwWa 
c«Bsiiribiisiuis^oniui«et  simpilainai 
IVaneh'  et  liberaa  concueliid'  adca  ■ 
illanaK,  sitnil  eaa  unquani  aliqno  um 
ffeoilnr'  ejasdem  nuper  lle^  Uea 
ini'iiin,  quietiuR,  et  bber'  balniaseat' 
sent,  [iruut  per  eawkfn  liieras  patent* 
pienius  apparel.  Quoilq'  Domin*  ( 
liupor  rex  Alig'l'  quartu^i,  |>eT  UMm 
tenl'  sub  niagno  sii^tllo  <uo  Anfl' 
mreu*  ilat'  ofniil  Uc«tni'  ftmS- ' 
Nmctnbr',  aonu  n-^ii  •ui  eMH 
iidem  Mhjov  et  Cominunitn  ae  A 
liondDn  lilc  in  ctiv'  |ii'«l>-ruTil  pTO*((4 
bus  auis,  nmfirinniit  Uajon  a 
ELc  CiTibut  uivit'   LxiikIi^,  rt  ai 


P7]    STATE  TEIAL8,  34  Chaubb  tL  1682.-Hmtf  the  City  uf  Lndm.    [ isgt^ 

Quodque  Dom*  Edwirdu  nuper  Rex  Angl* 
socUis,  per  literas  suas  patent*  sub  mifpMi 
wiUo  fuo  Angl'  ti^^iUatS  geren'  dat'  apod 
Weatin'  praBd'  vioesimo  primo  die  Februarii, 
anno  regiii  sui  secundo,  quas  iidcm  Major  et 
Comoiuiiitas,  ac  Cives  ciTit*  London  pned'  hie  in 
cur*  profenint,  omnes  conoeasionS  et  al«  qoK. 
cunque  im  praed*  Uteris  patent'  dicti  Dom^ 
Regis  Johannis  superius  apecilicat*  contents 
pro  ipso  nuuer  Rege  Edwardo  sexto  et  httre- 
dibui  suis,  Major*  et  CommnnitatS  ac  Civibm 
civit*  London  pnedS  ct  successoribos  sn'is  rati- 
ficavit  et  connnnaYit,  prout  per  easdem  litems 
latent*  ejusdem  nuper  Regis  Edwardi  aezti 
(intor  alia)  plenius  appaiet.  Qnodque]>om* 
Maria  niiiier  Regina  AnglS  per  literas  sual 
patent*  sub  magno  sigiUo  suo  AngI*  sigillatS 
geren*  dai*  apud  Westm*  p«ed«  primo  ^ 
Martii,  anno  regni  sui  pnmo,  quas  iidem 
M^or  et  Communitas,  ac  Cives  civitat*  Lon- 
don hie  in  cur*  proferunt  pro  ipsa  nuper  Re- 
gina, hiered*  et-  snccessoribus  suis,  omncS 
oonoessiones  et  al*  qimcunque  in  prcd*  Uteris 
patent*  dicti  Dom*  Regis  Johannis  superiut 
mcificat*  content*,  Majori  et  Comrounitat*,  ac 
Civibus  ciTitat*  London  pried'  et  successoribos 
suis  ratificavit  et  confirmaTit,  prout  per  casdem 
literas  patent*  ejusdem  nuper  Regins  (int*  al*) 
plenius  apparet  Quodque  Domina  Elizabeths 
nuper  Ric^a*  Angl%  per  literas  auas  patent* 
sub  magno  sigillo  suo  Angl*  sigillat*,  geren* 
dat*  apud  Westm*  praed*  anno  die  Maii,  anno 
regni  sui  quarto,  quas  iidem  Maior  et  Comma- 
nitas,  ac  Citcs  ciritat*  London  nic  in  cur*  pro* 
feruDt,  pro  ipsa  nuper  Regina  Elizabetha^ 
hiered*  et  snccessoribus  suis  omnes  eoncei* 
ctal' 


«t  Mberu  coDsiietnd*,  adeo  inlegr*  et 

'tsieniess  noqnam  aliqoo  tempore  pcu- 

^usdem  nuper  Regia  Edwardi  quartl 

ijqiDedos,  ct  liber*  habuiasent  et  tenuis- 
fei.  Etullerins  idem  nuper  Rez  Edwardus 
■IH,  per  csadem  literas  suas  pUent*  con- 
■iMinnB  Mi||oriet  Communitat*  ac  Ciyibus, 
I  licK  tpai,  Tel  prBsdecessores  sui,  aut  Ma- 
ll AUflrmsnn*  civit*  preed*,  vd  pnedeoessor* 
▼el  succesMoris  sui  eztunc  in  pos- 

aliqaa  fcI  aliqnibus  libertat^  quietant* 

(%  ordination*  artieulor*,  seu  liberar* 
I*,  aut  alior*  in  eisdem  Uteris  paten- 
B^osdem  nuper  Regis  Edwardi  quarti,  seu 
iins  sBi8,aut  progenitor*  suor*  quondam  Re- 
tt Angl'fCiadem  Majori  et  communitat*  con- 
IP  content*,  aliquo  ciuiu  emergente  plene  non 
sri  sbnai  fuerint.  Nohiit  tameo  idem  nuner 
e  «Bdwsnlm  quartus,  quod  propter  hoe  ipsi 
■r  ct  Communitas,  Alderman*  ct  Circs, 
sui,  forisfactur*  aliquor*  pne- 

incnrrerent,  sed  quod  ipsi  et  eorum 
universiB  et  singulis  libertat*  quie* 
F  «inos«*«  ordinat*  articulis,  Kberis  con- 
mi^^  ft  qnftasciinquc  al*  in  chartis  et  literis 
A^  OTOtent^,  talit*  nna  urns,  vel  etiam  abnsjs, 
Is*  ^ooKbct  extunc  de  cartero  plene  et  libere 
^mmX^  ct  eis  uterent*  sine  impetratione  vd 
■diaMBt'  qnsdem  nuper  R<^s,  seu  hiered* 
•■i,  Justic*,  Esdnetor*,  Vicerom*,  aut  al* 
Ir*  sen  miniatr*  ipsius  nuper  Regis,  vd 
IF  fnonimcnnq*,  prout  per  easdem  literas 
■I*  ^nsdem  nuper  Reikis  Edwardi  qnarti 
rh  cor*  prolat*  (int*  ab)  plenius  apparet. 
sliw  I>om*  Henricus  nuper  Rex  Angl* 

Kper  literas  suas  patent*  sub  mogno 
•  Angliee  sitriHat*,  gerend*  dat*  apud 
Hb*  pned*  vicesimo  tertio  die  Julii,  anno 
iiaai  vioeaimo,  quas  iidem  Major  et  Com- 
ic Cires  ciirit*  Lomlou  hie  in  cur* 
pro  se,  haeredibns  rt  RUccessoribus 
ivit  ct  confirmavit  Major*  et  Coni- 
ne CiFibus  civit*  liOiulon,  et  conim 
omnia  et  singula  libertat*,  pri- 
1^  <|sietant*,  et  liberas  coiiRuctudines,  qui- 
ripsi  M^for,  Communitas,  et  Cives  seu 
Imsssim^  ani  habere,  exorcere,  sen  gau- 
icoaanrrisaent,  vd  usi  tuisi^ent,  aut  debuis- 
k  sdsQ  plene,  plane,  et  iutc'gre,  ac  si  oa 
is  «l  singiihi  MipaTatiiii  r^  verbatim  in 
wm  literis  patent*  express*  dcwiarat*  et  ma 


civit*  London,  et  snccessoribus  suis  ratificavit 
et  confinnavit.  prout  per  easdem  literas  pa- 
tent* ejusdem  nuper  Reginv  Elizabeth*  (intte 
alb)  plenius  apparet.    Et   iidem    Major   ct 
Communitas,  ac  Cives  civitat*  London  ults- 
rius  dicunt,  quod  Dom*  Jacolius  nuper  Rex 
Angl*  per  literas   suas  patentes  sub  magno 
sigillo  suo  Angl*  sigillat*,  geren*  dat*  apud 
Honorem  suuiii  de  Hampton-Court  vicesimo 
quarto  die  ^eptembrisi,  anno  regni  sui  Angl* 
n     sexto,  quas  iidcm  Major  et  Communitas,  as 
-  I  Cives  civitat*  London  hie  in  cur*  proferunt, 
et  fiiisseiit,  prout  {ler  easdem  •  recitando,  qund  mm  quamplurim*  progenitor* 


M  patent*  (inter  alia)  plenius  appari-t 
lifoe  Dom*  Henricus  nu|)er  Rex  Angl< 
PSM  per  literas  suas  patent*  sub  magno 
^  ano  Angl*  sigillat*,  gereii*  dut*  apud 
B'  pned*  duodei'imo  die  Julii,  anno  regni 
~%  fllOMk  iidem  Major  et  Communitas, 
civit*  London  hie  in  cur*  proferunt, 

EeoMCssionea,  et  al*  qusecumpic  in  pneil' 
palMt*  pr«d*  Dom*  HciltIk  Jf ibannis  su- 
^■"■'%tat*  content*.  prj»  \ym  Rege  Hen- 
et  HKredibiis  suis  Majfiri  €1  Com- 
t  Civibna  civitat*  Lnnikm,  ft  siic- 
ntificBvit  et  coofirmavit,  prout 
psisat  qjosdem  nn)iftr  Regis 


iiwius  nuper  Regis,  quondam  Reges  Anul*  da 
gratia  sua  Sfiefiali,  ac  pro  gratis,  lauriabi^, 
hiultiplicibus,  et  cfMitinuia  j>ervitns  per  Majo- 
rem  et  Communitat*,  ac  Cives  ci\itat*  London, 
et  pi  sedecessores  suos  temporibus  nMntactis, 
tact*  et  iiiipens*,  necnon  pro  diversis  al*  urgen- 
tibus  cansis  et  considerationibus  cos  separatim 
moi-entibus,  dediment,  conceanssent,  et  con^ 
timiaffseiit  Majori  et  Cnmraunitati,  ac  Civibitt 
citifat*  London  pned*,  ac  snccessoribus  snis, 
ili^ersa  libertat*,  pri\ileg*,  franc*,  imniiinitar, 
authoritat*,  juiisdR'tion*,  ordinanc*,  ronsuetu- 
din*,  ct  qnieianiis,  prout  per  separal*,  litems 
patTint'  progenitor'  et  pnrdeccssor*  suor*  quon- 
dam R^gwD  jlngl'  pIcDius  et  maniftatiiM  li* 


,et  onini's  al*  res  quascunque  in  qtiibiLscunquc 
■Uteris  natentibus,  sive  churl U  qiinruiiifniiique 
pro(reiutt»r^,  pnedecessor',  aiit  anUftssdr*  suor* 
llegiim  Ani>l*,  nccium  omnia  ct  sir.;^1a  in 
dictiii  Uteris  patentibiis,  cliarHs,  c*nn(\'ssionibii$i, 
coniirinutiouibuK,  si-ii  cor^  aliiiuibiis  contenlS 
•recitat^  8]M>ci4i(*4itS  t'onlirinat%  sen  vxpluuat^ 
:ac  omnia  ct  singula  jiiris<licti(>ues,  anthoritatrs, 
privileiifia,   libcrlatcai,    et  iVanebis^   qnietant% 
immmtitutes,  libeiiia  consuetu^hni  s,  i-l  lut'rc- 
ditament*  qutiH^unque,   qiit»  piu'ch   Major  et 
.CommunitatS  acCiv«»  n\itat^  liOmUm  proKl' 
vel  prffdi'Ct*ssor'  huI,  per  nomcn  Majorii  et 
CommuuitatS  ar  Civium  civit:;!'  Ii(iu(]t>!i,  sen 
per  nonii'D- Majuiis  H  Aldenuann'  civiuit^  l^n- 
don,  Keupi'rnumen  Majoiis  C'ivinm  et  Cum- 
munitiit^  eivitut'  (ji>ii<ion,  sen.  |K'r  umnen  Ma- 
jor' ct  C'iviam  ci\  itut>  liOiidoii,  sen  per  nomcn 
.J!^Iajor^  ct  l-unimuiiital^  civitat*  l^»mUm,seu  \}oi- 
.liomeu  Civinm  civitat*  Londm,  sai  per  mmien 
Barou*  London,  sen  i>cr  nomcn  Baron*  civitat* 
LondoH,  seu  per  aliquod.  alind  nomcn  qno<l- 
cun(|S  ratione  seu  Tif^^rc  ali(inar*  titerar^  ])a- 
tentS  ebartarS  sen  eoutirmation*  aliquor*  pro- 
.genitor%  prjedei:cssoi'S  ant  anlco<*ssf»r*  ejnsdem 
nuper  Kci^is  Jacobi,  quonthim  lii't^nni  AnjLj^lS 
.  aliquo  tempore,  vel  aiiqnibns  tempoiibus  lia- 
buissent,  sen  niUonabilit*  usi  iuiswnt,  ant  ex- 
ercuissent,  rata  habuit  ctgrtita,  ac  pro  so,  Inc- 
riKlibns  et  suceessoribns  suis  acceptavit  ct  ap- 
.  iMobavit,  ac  ea  onuiia  ei  sin<^ula  pra.'tat*  Majori 
.et  CommunitatS  ac  Civibus  civitat^  London 
.prosdictSct  cH>r*  siuvi^si»ribus,  prretis«]em  li- 
ierassuas  patent'  iTiiiticarit  vt  4'oniirmavit,  ha- 
^bend*  ct  tcncnds  t^udend*  et  cxcrcend'  omnia 
ct  sin^ulu  prirmissa  eisdem  Majiiri  ct  Coin- 
» innnilatS  ac  C\\  ibus  civitat'  Loudon  prcedictS 


.K 


ttn   ttletnn 


nili  primi  mentionat*,  Tel 

tionS  ant  alio  Iccali  modo 

aViquibus  tempordms  ante 

rationnbilit'  usi  liiibwSt;nt  ai 

hal)ens  ct  grata  co  pro  so, 

soiibus  suis  acceptavit  ct  a 

nia  ct  sint^ula  pnct'dt*  Maj 

ac  Civibus  London,  et  e< 

easdcm  literas  suas  pati'ni 

iirniavit,   pi-rnit  [m.t  Litem 

alia)  plcnius  apparct.     Qn 

minus  licx  nunc  per  litt* 

ma^no  sifk^ilk)  suo  Angi< 

apnd  Westm*   imedirt^ 

Junii  anno  repfui  sni  tiecin 

Major  et  communitas,  ac 

liic  in  cur*  proferunt  pro  i 

et  suc(!essoribus  suis  ratil 

Majoii  et   Communitati, 

London,  et  successoribus 

gula  jnnJHlictionS  author\l 

tatcs,  iVancbS  quictant*,  ; 

snetudin'  qiurcunque,  qi 

Conununitas,  ac  Cives 

pru'dece^Noros    siii    per 

i/onrnmnitat-,  ac  Civ  mm 

|K^r  nonu'H  Majoris,  Aide 

(.'omnuniilat*  London,  sc 

ct  Civinm  civitatis  Lon 

Major*  ct  Commuipttft*c 

nomcn  Civimn  dvitat'  Li 

llaron*  London,  seu  per  i 

Lxtndou,  seu  per  aliquoij 

cmique,  ratione  rel  ngti 

tent*  pnpd*  Dom'  ^^^  <1 

literar"  )>atent*,  chartar*, 

eisdcm    literis  patrnitibiis 


STATE  TRIALS,  34  Chahles  II.  l682.— tftiif  the  City  ofljmim.    [1309 


halMt%  obtent*,  sivc  gavisa  fiiixsent,  ac 
tim,  8iii(v»latini,  ct  nomiiiatiiii  in  ot 


g-iila  iiilem  Major  ct  Coromunitas,  ac  Cires 

civit*  London,  p«irati  sunt  Terifioare;  iinde  pe- 

I  literas  patcntcs  ipftins  llom'  Hcg'is     tunt  judicium,  -ci  qiiod'libertat*,  pmilp|gr<,  et 

rcM',  nominatS  dcrlarnt',  ronet*«sa  ct  j  traiich'  ill*  I'is  et  aucceasoribiis  suis  in  per- 


I  essent  et  iuissrnt,  protit  per  eusMtom 
itent*  (inter  alia)  ploniiK  a^ipan't. 
em  Major  et  (!nmmiinitas,  et  C'ivcs 
ondon  ulterius  diciint,  qiUKl  a  tpnifmre 
n*  pned^  literar*  patent'  pn>*d*  (pion- 
^  Joliannui  hucusque  iidem  >i:i jor  et 
litai,  ac  Cires  civitat'  Ixtndon  halnicr* 
'  civit*  et  com'  civil'  liondcm,  ct  Vice- 
iiitat*  Midd%  ct  qiiolilirt  anno  noini- 
cH  elegcrunt  cv  gcipsis  duus  pcrauiias, 
sdein  civitat^  fore  Vifccom'  rivitat* 
:  coin^  eiusdem  ci^iut*  et  Vici>coni' 
id',  ac  ilr  sic  noniinat*  ct  elect'  ])ra>- 
et  constituennit  Viccc<nu*  civitat' 
t  com*  ejiiMdem  rivitat'  et  Vicec^xt^ 
|d%  ac  ut  V'icecfHii'  cieitat'  prjndS  et 
ksdem  ciTitat*,  ad  execnt'  et  retoni* 
brcviym,  biilar',  et  )u'n>('epti)r'  J>o:n 


pctnnm  -deinccpfi  allocent*,  et  adjudicentur,  ac 
quod  ipsi,  auoail  pmm^sa  ill*,  ab  hac  cur*  di-* 
niittantur,  xc. 

Et  I  idem  Major  et  Commnnitaft,  et  Circs 
rivit*  London,  tpioad  lihertat*,  privile^*,  et 
I'l-ancb*  seqiifiKh  \iz.  .^Itijor  di(»tup  civitat',' 
linj'jsmoiti  Aldormann*  ejiisd*  civit'  et  qui 
ofricium  ^fajoritat*  civit'  illiiia  Kustinuer*,  ac 
indi:  t'lier*  dimissi,  ac^  ti-cs'  tti'nior'  AldiTinaon*' 
civit>  prijhdict',  fpii  diutiiisin  olKc*  AMennunnat' 
civ  it*  pncd*  Rfeter*,  et  onus  et  fifficium  Majorat* 
civit*  pned*  non  siistiniier',  fore  Justic*  i>om* 
Re«;is  ad  »»aeem  intVa  rivitat'  prani'  cnnserTand*, 
ac  ad  session*  paciK,  et  placita  corou*,  scilicet, 
talia  plarit*  <*oriin{e,  qiial*  Justic*  Dom'  Keg^s 
ad  {uu:om  coiiKenamr  assif^ii*  ]e«|ritim*  tcnere 
po  oiintt  infra  eandein  rMt*  tenend*,  ac  ad  om- 


»oj  telon*,  riot*,  rout',  et  convcntieul*  illicit*  in- 
0  administratione  et  cxernuoticjii.  ti*  '  f!*a  ciiii*prjc<l*  ir.qiiirend*,  andiend*,  ettermi- 
civit*  praedS  i*t  com*  (jusd-,  eivitat*  '  nand*.  in  infbnnatiffnrpniHl*  sum*riusspeeiticat' 
I*  ct  £u:iend*  omnia  et  sin*piia  alia  i  dict%  quod  diet  *  Doui'ltrx  nunc  i(niosMajorem 
itat*proed*,  ct  com*  ejusdeiii  ci\itat*,  j  el  Cummu:utat%  at  Civcs  ei«ilr.^*  fiOiulvn,  oc- 
9ic*  Vicecom*  faciend*  pertinent,  ac  ut  '  ciwioiw  inile  impelere,  seu  orra*!ioiiart?  non  de- 
'  Midd*  pro  eodem  com*  descrvitur*,  '  bet,  cpiiadieunt,  (pKMl  pnnl*  i-iviv  London  est 
\  brevia,  biilas,  et  pra'scripta  Dom'     et  ntem|>orcciijnsco»ti'ar*  meuior*hoinin*  non 

exibtit.  fuit  antiqua  civita^  ae  nntifpuis  comitat* 
de  s?,  ac  eives  ejiimlcni  eivit'  aunt,  et  a  prtc- 
dicto  t(.'in|M>r(*,  cujiis  eontrar'  memor*  bomin' 


ra  com*  Midd*  pncd*,  pro  administra 
ezecutione  juKtitiae  ibidem  exenuenti*, 
'  inde  faciend*,  quo:  ad  oHicium  \'icc- 
cicnd*  (lerlincnt.  £t  co  warranto 
ijor  et  Communitos,  ac  Civi^  eivitat* 
per  tempiifi  in  iufbrmationc  prwdicta 
flpceiticat*,  uai  fuei*  et  adimc  utunt*, 
ut  habere  et  uti  li!)crtsiv,  prixilesf*,  et 
laberc  V'icc(H)m*  civit*  et  com^  civit* 
et  Vicecom*  comitat'  Midd*,  et  nomi- 
eli)(ere  ex  seipsis  duas  ptTmm*  fore 
*  eivitat*  pra'd*,i't  com*  ejusdem  civit 
im*  Midd*,  ac  ill*  sic  nommat 
;et  oonstituere  Vicecom*  civ 


inemor*  bomin* 
non  exi*«tit,  fuer*  unuin  corpus  corp<irat*  et  |io-» 
lilic*  in  re,  farln,  et  nomine,  |H*r  mnuen  Majorit 
et  C'ommunitat*,  ac  Civium  eivitat*  liondon. 
Unodque  Uom'  Carolus  primus  nuper  Kex 
An;;!*,  per  litems  suus  patent*  sub  uiairno  sij^llo 
pmul*  deeimf)  octavo  die  (krioliris  anno  re^rni  aui 
silo  Ak^I*  si«^illat*,  geren*  dat*  apud  \\eatm' 
quartf»  dreimo,  quas  iideni  Major  et  ( -onimuni- 
tas,  ac  CivcM  eivit*  London  bic  in  cur*  pn)fenmt^ 


t'  et  elect*  I  pro  ipso  nuper  rc^,  Ineii'd*  et  succetisorib*  suis, 
rit*  pned*,  '  concessit  Maj<iri  et  Couimuuilia*,  iic  (.'ivibiia 


le  et  executione  justitiw  infra   civil*  1  eivitat'  iltiiis  pra-ankra  o.titissc!:t, quam  iih  Al- 


:  com*  ejuwlem  civit*  exetiuend'  et  fa- 
ue  ad  otticium  \  ice(*<Mn*  faeicud*  perti- 
ad  faciend*  d  cxequeiid*  omnia  et 
ilia  infra  eivitat*  imed*,  et  c^om*  f  jiis- 
itat*  quffi  ad  ofhc*  \  ictcom*  taeiend* 
t,  ac  ut  \  ieeeom*  Midd*  pro  eu<b-m 
(Id*  deNcrvitur,  ae  ouniia  brevia,  biilas, 
:pta  Dom*  Iteic*  inlj-a  ct»ni*  Midd* 
"o  adininiaitratioue  et  exccutinne  justi- 
m  exequcnd*,  et  n^orn*  indtt  tliciend*, 
offidum  Vicecom*  fuciuiid*  pertinesit, 
I  benelicuit  et  licet. 

e  bo!C,4U«Hl  iidcm  Major etCNmimunit*, 
eivitat*  lioudon,  de  lib«>rtat*,  privile^' 
1*  ill*  super  dictum  J>om'  i{<fC('iit  I'uuc 
kuspned*  iu  inforniHtione  pnt^lieia  sii  • 
pecificat*,  uiurpavci'*,  mu  usiirpiuit*, 
r  infonu*  illam  ^ro  dicto  Uum*  Hcr^tf 
pfniia  supponituri  cpiu:  omnia  et  siu- 


ilermaiin',  qui  onus  «-t  ofiiciuin  ct  3lajorat*  ei- 
vitat' pneiliet'  lunt^  in  po:.lcniin  hus;i:ic:vnt  et 
i;ererep.t,  licet  a^lnjnrat*  ill'  cfssarc:.!,  ai»t  indtt 
essent  diniissi,  (piamdiu  AlfU*nnann'  ibidem 
ii!ai-eiii'  et  tre.s  Kcnions  Alileiuiann*  civit*  pro 
tini|>tin?  crJsten*,  qui  diutius  indtiiciuiii  Aiftur- 
nirmiwa*  steter*.  et  a<.'tc  tunc  onus  et  ftttirium 
i^lujonit-  eivitot*  iUiiis  noii  siu-iinuer*,  id  |:erj*e- 
luum  iirrent  eiiKttules,  et  tpiilibet  cur*  Cb^-ct 
custom  pacis  ejusdem  nup:T  l{ei4:is  l:fL*k'(Hh,  Pt 
sn«'ef*ssor*  snoruin,  infra  v\\  itat*  Lxjudou  piu'il*, 
et  libertar  rpis<i<ni  co:i:srr\aiid* et  cii:>todu'nds 
ac  cosdcm  Majorem  et  Heffinlator*,  ac  Aldt^'- 
uiann*  pnH',  ad  oumiu  et  tii:;;;ula  atatuta  et  or- 
dinuiiones  ])n>  bou'i  pacis  di<li^nu(»er  Heifis.  li»> 
refl*  et  bucctrsNorum  suor%  uc  pro  coiisei'Va:iiii:e 
ejusdem,  ac  pm  quiet*,  rej»iuiine,  ft  ^roberiia- 
tiour  populi  ipKiUK  uuper  llegis,  hit  ml*  ct  sue* 
ce£;or*  suur*,  edit*  ct  cdtud*  m  ouiui'i*  suis  <»- 


}M0]  STATE  TRIALS,  3t  Chablu  II. 

lMirf>.  twi  inAft  cinuP  pned',  run  Ubnuf 
H.  jaitt  (ia.  (brnan.  «  eiecWm 


I  pemr,  *d  qua   n  Mnr  Mim  lai  ?d*i 
I  leoipUn 


JrfimtlKMDd'i   at  Bd  MMIM  iltM,  ^oi  sliRli 
f tl  stiquibii*  de  popalo  tfrnian  nofv  Begk, 

mI  dc  locvndin  doninr*  nuw 

~  ecarittf  ilc  p«*v<  tel  buna  gMu  ino 

n  ntipiT  Ittt^Tjn,  hanid*  « miceei- 
'  n  pnpohin)  gus,  hxred', 
■Dimd'  ct «  hwuemodi 
iriml,  imic  mkui  2>iilk 
n  nnmiii'  jtr|[i>ila  New^K,  *rl  id  ali- 
qok  at'  iiruom  liicr«l-  vel  uiccewMn*  suor*  in 
pr«d'i'i«it'  LundiHi,  ttiiiiu«(Ue  liqtuMnoili  secu- 
ritu*  invmirent,  luivn  oiMlodin  tiiciend',  Ciu- 
todnct  Jutticiar  ip«uipu|i«r  Retpti,  vKfiem- 
libct  ooriiiii  Uiiikloavin  h  Juiiliciar'e]us  bicreil' 
M  •ncMunri  mof  infra  drit'  Lunilon  pntd', 
«t  UlienBt'  ejuMk-'m.  idem  nu)KT  (lex  CaruluS 
priiniM,  pru  m-,  harealibuii  ct  Biicc«fisohbiw  mis, 
miMliiuit,  fccil,  el  nnliiinvit  per  litems  [Hitentes 
•UH  urz<l*,  ac  od  nmnm  n  sin^la  atia  exe- 
qu«n<l'  i^  peniK«id',  ({tia  Jusnc' et  Ciwtod' 
pacia  ijiw,  hnrod'  v*t  aiicceMor'  sunr",  infn 
liliqiteni  cam'  r(%r)ii  lui  Angl*  e.vei]ui,  Mve  per' 
aglM  tulerenl,  poMcnl,  aut  detfereol.  virlute 
MquoT'  Matutor'  et  ordinntiin)'  hujiu  re^  sni 
Ali([l*,  aut  virUite  cominissioniB  ejus  liar«d'  el 


'.itarii 
IMC  RntMM 

dKf  Iton*  fc^  ka^.lriw 


I  ronnain  urdiu^un*  rt  MaUil-,  t«4  Wi 
'  inde  nra  mmtDuni  nulitMc  n^  ni  h^A 
popnli  F|ii!idcin  nupcr  ttc^ifia,  li««l-|li» 
'  COKV-  suof  riiudcni  nlif  el  otMtl'ii'  ~ 
I  Tcol  vet  attcmptiuvtil  tu  oi*il*  prad'.itl 
{  ejiudem,  sen  cxtuoc  id  pootcmm  ddie^mal 
j  aUcii)|itare  pru-aiimcTent ,  Acetiamtr^at* 
I  cunque  Vicecoin',Ciiit«ulMlar',CaiWd'fal% 
j  el  al^  dAc',  qaiinexecDl-i>ffic»niai«M'(M 
pncmiaBa,  tel  ear'  aliqaa  indtfclc  w  biMV 
aut  u>  posMrniM  indt^w  ae  habcra  pnrana^ 
aiittepidi,  reixtsi*,  rel  ne^fti|;ciiici  Hal*,  ^ 
exlunc  lepidi,  re n>iu'.  v<4  ne^(,'«ni''^"^ 
tiDg«rcDl  lulra  citif  |innl'  et  Utierui' 
ac  de  omnibiu  c(  siinpilia  anictiln  H  i9n» 
'  slant',  et  til'  qiribnacuniiue,  per  (jiiu«i'udf>< 
qiiBUteTGiin[|ue  in  ci*it*  pred*  M  lihenr  f* 
Jem  fact'  mm:  pcriieirat-,  ei  quic  citni 
fieri,  vH  ntemplBn  contiqi^ereni  quaW 


b^i 


^    Vw 


Rex  CuroluK  primus,  ac  pt-r  eawlein  literas  pa- 
tentea  pro  ae,  liareilihuii  n  luccrtMoribiii  euis, 
OotKxsiiil  prKlut*  Majuri  et  Cuininiiiiilati,  ao 
Ciiibus  cifilHl'  LonJuti'  el  eoniin  suecessor', 
quod  Moinr*  Ilecunlntur  rivit'  pned'  pro  tem- 
pore cxiHen',  el  tli^uciiKKli  iit  prirfert*.  Alder- 
man' pro  torupi'remialeti*  qui  iilfiuiuinvel  locum 
Hsjorar  civil-  il]imanleaiiii<itiniier'  rt  eneuuer', 
el  Ires  ImjuiinioHi,  ut  pnvlat',  ipnioren  Aldpr- 
fiMDO'  pm  teni[H>re  existen',  qui  locum  Majonit' 

Sradicl'  n"n  (niMinuei^,  vel  qualiior  eoninilem, 
Irgut',  Koeordalor',  ft  Aldfrmaiiiinniiii,  qiin- 
nioi  dirt'  Miynr  »el  I-le  iirdalor  pni  tempore 
sxiaten*  imimi  easn  voluit  foretit  JiuMtriar'  ip- 
■uanuper  np«ia,  liaird'  et  siicnesaor'  suor", 
«t  ipsos  JuHiidni'i  aiios,  horcd'  et  successor' 
•uorS  pm  ne  iicrcdibuH  ct  suoressor*  siiis  iu  per- 
pMiiuui,  oisiiraat*  ad  ioqiiiraiul',  quolies  et 
quandu  eis  uielius  rideret'  ex|i«dire,  per  bb- 
cmmfnluiu  prubor*  ft  lei(aliUDi  hoiniuunt  (am 
4«  eivitnt'  prail',  qtiaui  de  libertat'  cjiudem, 
pw  qiiiia  rd  reriiaa  meliiM  sciri  pnsset  ile  om- 
nihiia  iiiiirdris,  I'eloti',  veDeffciis,  inCantntion' 
•tortile^,  urte  matficn.  tTQnsijr',  fintstaHar', 
Fi-JTviar',  iitgraiHar'.  rl  extonionihiu  qiiibos- 
ciiiM|iii',  Hc  d«  ninnibus  n  wngidLs  al'  niatf- 
bclii  cl  oHenitis,  >li?  quibiis  Jiistiaar*  puds  ip- 
■ins  nu|i*r  Refji*,  hwvi-d'  et  onctwisor-  mior* 
trf[itin)H  iiiqiiirere  ptnsent  atit  debercnt,  per 
qnoaeunqiiopt  qualitcrcDiiqiie  intneiiil'  prcd*, 
'"— —  -juvdOD,  ante  lunc  btbif  wu  per- 


iDdirtainenl'  qiuecunqti^,  ^ute  coi 
ant  Uecordaliire,  citit'  pneil'  |i 
cKisteu',ethuJ<innuili,  ulprttlert-, , 
vel  qaatuor  aut  plunbiia  e<ir«ndein.  ■fiW  " 
iVlajnr*  vel  Hccorilator  pro  leinpon  attf 
uttuni  eaae  voluit,  tunc  m  posterun  of*^ 
inspiciend',  et  ail  process'  uidc  versus  iwibC* 
ain^l'  sic  indictBt-,  ret  quca  in  pnHfVi  * 
indietat' coDtiDgerml,  quosqar  tapwenr,  i* 
derent  se,  vel  uilagnrent'  taciend*  it  M^ 
nunnd',  et  od  nmnis  el  singula  DiDfdn.  fcW 
vcnefic,  ineanlaf,  stiirtilfjf ,  anw  lusgie 
Irant^frcSK',  liilsBS  conipimUoo',  el  al'  PMfe 
filtt',  forestall',  regvetar',  ingrossar",  ciw** 
conteDticI',  indictanienl'  pn«l',  caitot^ 
omnia  et  Kiligula  pnrniiss'  secund'  ffO ' 
Blaliit*  reifiii  sui   Antrl',   proul  in  biiroaMT 


L  iM 


minsDil',  el  ad  easdeiu  deliiiqriei 
eoruin,  pro  delictia  anis  pef  liues,  n 
amerciBinenf,  I'ori^tactur'.  aut  al'  modv,  )«n 
■ecunditin  l(gi.'m  et  cna).uetiHl'  r^ni  »•■  A^ 
Bc  fonuaiti  onJiuatiou'  et  sutut-  eorundns  ■ 
cotmievit  nul  debuit,  easbi^od'  et  puaiiat,  i 
ad  omoia  al*  et  singula  laciead'.  ctAttil 
aiidienil',  lermiuaiiil',  et  eie<]D«nd'  inln  dii 
pned',  uc  libertat'  ejusdeui.  <(««■  Jmaf  I 
parem  per  leges  vd  statot'  hujus  Tvfri  • 
Atujl'  tncerc,  ejrto.'ere,  inqiiirert'.  %ii  Mi^ 
poiaent  et  vaJerent,  et  In  lam  ainpUiiMiri 
farnia  prout  oliquisal',  aut  aliquial*  jM^yi 
pacetn  in  atiquiMt  at'  cmb'  bajia  i^i'^ 
Angl'  kgitimd  fiMR*  «ata«cA,  jifiil— i  f 


rE  TRIALS*  34  Cha&lu  II.  10SS.— ofuT  tk  C%  ef  I^imt.    [laM 


modo  exequi  pMent  aiit  vale- 
saadeni  literas  patenl^  (inl*  al') 
.  Qoodque  pned'  Dom'  Rex 
i  fois  {MUent*  sub  magno  sigiUo 
latS  jj^eren'  dat<  apud  Wefltiii< 

Junu,  anno  regni  soi  decimo 
em  Major  et  (^mmunitafl,  ac 
ondon  hie  in  cor*  prof'erunt, 
>n*  et  al*  qoscunque  in  proedict* 
pnedict^  nuper   Regis  Caroli 

speciAcatS  pro  eodein  Doming 
ened*  et  successor*  suis,  Miyori 
,  ac  Ciribus  civ  it*  London  pnMl* 
isor*  in  perpetuum,  ratinca?it 
irout  per  earaem  literas  patent* 
Regis  nunc  (inter  al')  plenius 
lem  Miyor  et  Communitas,  ac 
don  ulterios  dicunt,  quod  tem- 
*  prsd*  Kterar*  patent*  pr«d* 
rob  'primi,  et  diu  antra,  et  ex- 
iicr*,  et  adhuc  existunt  Major 
I  it'  pr«d*,  ac  Aldermann*  ejus- 
rlujor  difTt^e  civit*  extitissent,  et 
civil*  illius  sustin^  ac  tres  et 
'man*  ejasdem  civit*,  qui  onus 
V  non  sustinuissent.  Uuodque 
[rtion*  earundeni  literar*  patent* 
Q^*  Caroli  prinii  hucusq*,  Major 
\it*  prsd*  pro  tempore  existen*, 
ilderman*  ^usd*  civitat*  pro 
',  qui  onus  Sli^rat*  cirit*  ill* 

trcs  senior*  Aklennan*  civit* 
)re  existen*,  qui  diutias  in  oifi- 
lat*  civit*  pra^*  steter*,  et  onus 
orat*  civit*  ill*  non  sustin*,  vir- 
•nt*  ill*  fuer*  Justic*  ad  |»accni 
',  et  libt^rtat*  ejusdein  conser- 
i  literar*  patent^  ill*,  et  secun- 

eft'octum  eorund*  de  tempore 
r>t*  trni)>us  ill%  tenucr*  session* 
I  corun*,  scilicet,  talia  placita 
istic*  Dom*  Regis  ad  jiarem 
Vru^  per  idem  tempus  logi'inie 
T  J)  '>tiier*  intra  eandem  civitat*; 
o  lidem  Major  et  Communitas, 

liun<lon,  per  tempus  in  infbr- 
iperius  apecifioat*  usi  fuer*,  et 
ic  clamant  habere  et  uti  libcr- 
f'ranch*,  quod  Major  diet*  civit* 
Idcrmann*  ejumlem  civit*,  qui 
civit*   ill*  suAtinuer*,  ac  iiidc 

ac  trcs  seniorf'fl  Aldermann* 
ji  diutius  in  offic*  .Alder: iiannat* 
r*,  et  onus  et  officium  Majorat* 
tinner*,  tuer*  Justic*  dieti  I)om* 
mf'ra  civil*  nnwl*  consen'and*, 
ci*<,  ft  placita  coroiis,  MMlicet, 
>u*,  qual*  Justic*  Dom*  Regis 
rvand*  assign*  Utritime  tcnerc 
nd*  civit*  tenend*,  ac  ad  omnes 
It*,  et  conventieul*  ilKeit*  inlra 
irend*,  audiend*,  et  tcrmiuand*, 
!uit  et  licet. 

luod  iid(*m  Major  ac  Cominu- 
ivit*  1/ondon,  de  libertat*,  pri- 
lls* ill*  super  dictum  Dom* 
r  tempus  prasd*  in  informatioiie 


prcd*  auperiui  specificaft*  osiirpaTer*,  sea  sirar. 
gint,  proiit  per  infonn*  illam  pro  dicto  Dom' 
Kege  nunc  suneriua  aupponit* ;  qusB  omn*  el 
sinj^ula  iidem  Maior  et  Communitas,  ac  Cives 
civit*  London  parati  sunt  veriflcare ;  onde  pe* 
tunt  iudidum,  et  quod  libertat*,  privileg*  eC 
iranch*  ill*,  els  et  snocessoribus  suis  in  perpe- 
tuum deinceps  allocentnr  et  adiudioent*,  ae 
quod  ipsi  quoad  prsmiasa  ilk  ab  hac  cmria  di- 
mittantuf',  &c. 

£t  quoad  resid*  libertat*,  privileg*,  et  iVanch* 
in  information*  prsdict*  specificat*,  |>er  ipsoi 
Majurem  et  Comnu.nitat*,  ac  Civcs  civlta^ 
London  suptnius  minime  damat*,  iidem  Majot 
et  CooiDiunitaSy  ac  Cives  civit*  London  liber- 
tat*, privileg*,  et  iranch*  illis  nunquam  usi 
fuerunt,  sen  utuntur,  sed  de  eisdem  penitns 
declamant,  ^c. 

£t  pncd*  Rubertiis   Hawyer  Attorn*  dicti 
Dom*  Regis  nunc  (General'  qui  pro  cod*  Dom* 
Rege  in  bac  parte  sequitur,  habito,  auditu  placiti 
pned*    pneiat*  Miyoris   et    Com  muni  tat*,  ac 
Civium  civit*  pnpd'  petit  inde  diem   loquendi 
uso;  crastinura  8an(iie  Tnuit-U* ;  et  ei  con- 
ceditur  coram    Dom*  Rege  ubicuuque,   He» 
Idem  dies  dat*  est  pned*  31^jori  ct  (.'omnuinitat*^ 
ac  Civib*  dvit*  London  pned*,  Vc.     Ad  quod 
quidcin    crastinum    fcianctte    Trinitat*    coram 
D<»m*  Rcge  apud  Westra'  \en*  tarn  pned*  f(o* 
bertus  Mawyer  Miles  Attorn'  Dom*  Regis  nunc 
General*,  qui  pro  emlem  Dom*  Rege  in  bao 
parte  sequitur,  quam  pned*  Major  et  Com- 
munitas, ac  Cives  dvit*  pned*  per  Attorn*  suum 
prad*.    £t  idem  Attorn*  Dicti  Dom*  Regi* 
nunc  General*,  quoad    libertat*    privileg*^  et 
iranch*  pned*,  per  ipsos  superius  clamat*  (▼!«".) 
ipsos  Majorera  et  (Jomraunitat*,  ac  Cives  civitat^ 
Loudon  lore  de  sdpsis  unum  corpus  corporate 
et  politicum  in  re,  facto,  et  nomine,  per  nomcQ 
Mfliioris  et  Cominunitat*,  ac  Civium  civitat* 
Ijondon,  ac  per  idem  nomen  pladtare  et  im- 
|»lantari,  respondere  ac  responderi,  superius 
pladtat*  pro  eodem  Dom*  Rege  nunc  die*  quod 
per  aliqua  per  pnefat*  Majorem  et  Communitat* 
ac  Cives  civitat*  Londpn  prasd*  superius  plauri- 
tando  allet^t*,  eandem  libertat*,  privileg*,  et 
franch*   ewdem    Miyori  et   Communitat*  aie 
Civibus  civitat*  London  pned*  allocari,  sen  sd- 
judicari  non  dcbent ;  nee  iidem  Major  et  Com- 
munitas, ac  Civef  de  pnemiss*  in  infonnac^ 
pned*  superius    spedfictft*  exonerari  debent, 
quia  die*  quod  Cives  dvit*  London  proed*  a  tCm- 
|M>re  cujus  contrar*  niemor*  hoiiiin'  non  existit; 
non  fuer*  corpus  corporate  et  politicum  in  ra^ 
facto,  et  nomine,  per  nomen   Majoris  et  Com- 
raunitat*  ac  Civium  dvitat*  London,  modo  ct 
forma  prout  pnetat*  Major  et  Communitaa,  ic 
Cives  civit*  London  pned*  superius  placitaikb 
allejtaver*.    Et  hoc  idem  Attorn*  diet*  Aran* 
Regis  nunc  General*  pro  codem  Dom*  wbe^ 
nunc  net*,  quod  inquiratur  per  patmro.    £t 
pned*  Major  et  Conmmnitat,  et  Cires  dnt* 
London  pned*  sdlicet,  &c.    Et  pned*  Attorn^ 
dict^  Dom*  Re^ps  nunc  General*,  quoad  placi- 
tum  pnrfat*  Miyoriset  Coaimnmtat*,  ac  Cnima 
dvit*  London  pned*,  quoad  libertat*,  privilej^^y 
et  fnmcliif'  fkot  per  ipaot  siiperioi  daaiii^ 


t3t)71  STATE  TRIALS,  nCBAZLt&l\.\Gi,2^PrtcetdingsbdteuutluKii^  [II 


(via.)  ipws  Majurem  el  commuDitat' 
«vif  Lotidun  fore  lie  seipsis  unutn  coi'pus  cor- 
porat' et  mlilicum  ill  re,  fucto,  el  iiomiD«,  per 
Donien  Slajoris  ct  Comniunilat',  ac  Civlum 
ctriW  Lnnilon,  ac  per  idc^m  nomen  jiUciUirc 
«t  implacilari,  refi]x>Dilerc  ac  vciponileri  sii- 
periuH  placital',  ullerius  die'  quoil  per  alitiua  p«T 
pnefu'  Majorem  cl  Commuiulat',  nc  ('iies 
cirit'  London  pnei'  aiiperiusplacitaiidodlci^' 
cadeiD libertut',  priiileg-,  cl  fi'auchis'  ebdem 
Hajari  et  Communilaut',  uc  Civilius  uivit'  I>on- 
ionjirxd'  allocari,  sen  ■djndicari  non  dubent, 
nM  udern  Alajpr  t.-l  Cooiiuuiiitiis,  bc  Ckrs  de 
nnmiisa'  in  InfbrniatiuDe  (imd'  sitpt-riusapeci- 
ficat*,  eNonerari  debeot;  quia  proteiitniido, 
quod  Civi>s  tjiudein  civital',  a  trni|iDri!  cujiu 
MHitrar*  inenaar'  bomia'  Don  esistit,  tioa  faer' 
corpns  cftrporat'  el  politicum  in  re,  lacto,  et 
lunniut-,  per  nnmen  itiajoris  et  Coouuunit^tui, 
acCiriuin  cirit' London,  ac  per  idem  iioinen 
per  IDtuin  Ituipus  illud  placii  am*  ac  impla- 
citaf  lucrum,  re^ionder'  bl'  rcspona'  I'ucr'  et 

Slacilare  et  iiiiplacilari,  res|iondere  ue  vcspoii- 
eri,  Qlotoieuipori'siiiiradict' usifuer  et  con- 
auefei',  prout  prasd'  Major  et  Commiiaitaa,  ac 
Cives  civit-  LoDdon  praid'  superiua  platHtando  al- 
ligat«Tiiiit :  pro  plaeiiu  (anicn  idem  Attorn'  diet' 
thun'  Itcgis  uunc  General'  pro  eodeni  Doni' 
Rqceuuiic  ulteriiu  die',  quod  prxd'  MB|ur  ct 
Cominuii>tUE,acCiresrifit'  i«ndaii  prcil*  n- 
mineulcs  super  se  litre  corpus  corporal'  et  pn- 
Ktkum.  ac  ratidii^iDdepotestalcm  et  Duthiiri- 
luew,  liabcread  ««pwa  inEiniul  tunvocand', 
StanKiuliland'  ad  bona  et  uilulma  leges,  or 
dines,  ct  oi-dinat'  legibua  et  !<latuliij  liiijus  Itegni 

et  roQstitiienil' 
Ci*it' pri->ii-   :.. 

civital'_  ac   pi-..  i-.-„  .,■.,..         ■;.   11 :..,  i~ 

prWtMlU  illilc,  r...i,ii,  ; ■:.    ::■..-,.  ,1  ■■  .     ,11 

nioduiii  solmii  if^|iii-ii'ii',  I'.jyiii-u  tldiiciiiiu  in 
corpurc  eiuiJDmtu  ct  politico  per  Dnm'  Ite^m 
etLfCCB  hujiiK  ilci^ni  Aii^;!'  reposIt',ii!idUJnjiscr> 
Ulicituiii  ri  injiislani  [lOltGlateiu  et  authorital', 
ad  deniu"  lie  siibriit-  ae  l'n^e\a  Uuin'  Rej^is  nunc 
levBiid'  ad  tisiiiii  ipi^oruni  Blajoris  ct  Cotn- 
aiunitat'    ac    Ciiium  civjtaf   London    prwd' 

nr*,  colore  leguio  sivcordinnlion'  per  i|MOK 
iicto  imliuat'  ct  Hlabilit'.  :tIiv|;  ulirjiiii   aliri 
jure,  tiluln,  si»e  quiIu.i.i  j.-  i,.  ..:-.;...  ..     ,!■■ 

(U  prOECciiIiiin'  el  ia.v  <<  ■        i 

ntia  et  jnjualie   juiu  ~i.- 

jpiossic  ii«iir|)at',iidL-iii  ', 

•c  Gives  cltitaf  LiJini  '  >  J  >>      i, 

amo  seplimo    ilii^  S, ..,  .  \  . 

Ant'DoaV  lieg'is aUM'  i.-      ■.,,.. 

Commmii  L'uiicilio  uiIimm'  I'-.ir  m  <  .  .u.  i  i 
Guildhull  civil'  Londui,  [ir^.i-  pi/.,  i>j  I'mo'.ii- 
Sanrti  Micb^elis  liouisliaw  Luuilun  iuumiil 
asscnililat'  I'lier',  condiilec'  el  publtuavpr'  quaii- 
dsm  lA'gein,  per  ipsos  de  facto  inaciiUt',  pro 
leratione  scpamlium  denar'  BUmmar',  ile  om- 
nibus suUIn'  uc  Lieein  Dom'  Kctriit  nune,  tarn 
liberis  qtiaui  non  tiberis  liominibus  Civil'  prmd' 


IM^ 


CiviCat'  iBTfd',  teut'  acceden'  ruai  tif.uti' 

proiistonibus    suia  ibidem  lendciut'  |iu,]  4t 

qualibel  perMiiKt    pra  qaulihet   onere  npiH 

MercoU  iufia  Civit'  pt>il'  ip<iijin  iiiiiuiwr  iti- 
dem  rendeuil',  duoriir.i  rlcuor  per  iIkw,  a  )■ 
ijiinliliet  canisuu  (Aii^'  JA-jtr)  prvmiw'  l| 
aliiiuDil  Mercat'  pnvd'  itiiduii  vvnJind'  M> 
portal'  uuius  denai''  per  ilirni,  cl  pni  i|inMi 
i:arertau  prutiiiuD'  tmel'  I'lun  non  pW  y^ 
tribus  cquis  iu  aliijuod  Murcat'  jirad'  iUa 
Tendend- iiupotlal',  quatuor  denvpcrdiaaiA 
]>ro  qualibel  csrcciata  pruviwon'  liaa'  — 
ijuatuor  cquis  fei  plur*  in  ali>tiio<l  Ui 
prsd'  ibidem  T{ndi>ad'  impwtai-.  »r»  il 
per  diem,  ao  diveriiarum  al'  deuar'  wn'  k 
quibuslibet  peisoQui,  qus  aliqua  iictotlB  wa 
prorisiou'  a-X  Merest'  infra  cint*  LotxliM  mtt 
sen  eoritin  aliqua  Tel  idiqiwJ  iiuportateiil  mtm 
vradend',  ac  per  eaadcm  legem  sic  ga 
illegalil'  lad'  iidem  Major  et  Comnii 
Cives  cirit' LoniloQ  prad*  defacw  anil 
quod  easdem  scparal'  denar*  mnim»>i 
lorent  ad  propt*  npua  et  usum  prvlaf 
«tCetnmuutiBt',iu;CiviumciTit'  L 
ac  quod  Hi  u1iquiainMercat*pritdki 
viclual'  sire  pcot  isionibus  luia ''~ ' ' 
re<;uHirel,sii'cdiircrret  Holreri: 
prasl'.  luuc  lalis  r? citsans  »iie  t! 
tiwel  a  loco  sno  Hercal'  pned' 
idem  Attorn'  ditl'  l>vi»'  llegis 
pro  eodciii  Jluni'  Hegc  nunc  dit 
U^c  el  Couiiiiuuitaii,  ac  Cites  cuiT  , 
pned'anbsolucoluruet  tiroteiilu  Uiffm  , 
Kiu  nev  ifnnHi  pro  cnrum  privoto  lucro  (t  iw 
uloUo  illcgnlil'  fact',  (I  nljsq;  aliquo  alio  jnw 
ivc  uutbunlule  quibu^euM);  iliitov, 
deuai"  StiEumas.  in  loiii  sc.  atUfal^ 
.I.J  <;.iiJii];  DiiUe  librasperanniiiu,  prr»|i»i|«l 
~  .  .>!  iiiinonmi  post  pranl'  deciiuQin  Mfr 
I  lUoni  Septembris,  Addo  vicesinN  VM 
,;  .niiLitiproK'sequcnSet  ampUiu, ^oil LJ» 
ili.ii  pritd'  In  I'arocli'  prau-  de  nnwftw 
Ihiui'  Itvgls  li^is  el  subdi'iit  ad  puUlca  )h^, 
cats  per  totuni^liumpi*rd' intra  Ciiit'  t*rf 
lent',  cum  viciualibui  et  pri>vi»ombus  ibiM 
veuduiid'  accrtlentibuE,  exe^eruot,  leiaia',' 
Citiyi  et  levari  tweruut,  et  denarint  iU«tW 
eorum  pruiirii>5  llsua  cunverterunt  cldtqMM 
runt,  in  sulivci'siDiiem  boni  n^mia:t«  ffi/^. 
salumin  Citiiuiis  pi-u»l',  et  iu  niHgnaiD (yM| 
.  :.  ;.j  i.tdejiauiWTiaioii'siAdilor'dic'Oaw'fc 
I  I  in  id  .ilercat'  pni?dict'  cum  ricniililwif 
i~uin-  biiia  oceedcu'  et  veium',  id  flM 
'  .j..i'  t'L  ^inuiiniL-nt'  aiiinium  Ligeoraa^d 
.1.. !'  I  'iiii'  rtiij;iE,  in  uuipueiuac  prn 
.  .rhiiil' ti  proviiioa' in  iteOM 
.,    ...   I  111  diet' Uuiu- Ht«i>  ,M»«^ 

1    .        .    -    1   1,,  :;in.  i!\hirri;dalioo' n 
;.L  Lnuiiii  iiijitu..iii  ill  corpun- ciiruoiat' tl 

lii'i.  iier  Do.ti'  Ri-geiii  at  U-Kts  ^ " 

Anijl'  reposil'.  Lt  ullerius  idi'm 
IJom'  Regis  uunr  General'  pro  cndo*  0 
nege  uunc  die',  quod  ubi  Swsaa  I'atUM 
Duni'  Regis  nunc  pet  Fromi^liop*  UBr 
ipud  Westni'  in  Com'  Middli:sci  »i — "" 


tiliilo,  I 


:^ 


ct  alii«  cxtraneia  ad    publics  Hercata  infra  I  mumpvimum  dittnOcUibns,  uauo  llq^H 


STATE  TRIALS,  84  Charles  If.  les^.-^-and  ike  C(i^  of  London.     [IS  10 

Major  et  Communitas  ac  Gives  ciTitat*  liOUdoa 
prfipd*  postea,  soil*  per  tenipns  superius  m  iu- 
fonnatione  prued*  specificate  libertat*,  privilegr* 
et  t'ranchis*  ill*  super  diet'  Dom*  Regfem  nuiic 
iisurparer*  et  adliuc  usurpant,  prout  per  in-, 
foipiation*  prred'  superius  versiiq  eos  snppa- 
nitur.  Et  hoc  idem  AUom*  diet'  Doni*  Ile^i^ 
nun(!  General*  pro  eodem  Dom'  lles^e  nua^ 


egis  nunciricesimosccuiido,  ac  ibidem 
t'  usq;  decimum  diem  Jan'  tunc  prox' 
ac  super  eodem  decimo  die  Januarii, 
"gui  diet'  Dom'  Rejjis  nunc  tricesimo 
supradict'  apud  Westminst'  prowl'  idem 
mtum  prororjat'  fuit  per  oict'  Dom* 
nunc  usq;  vicesimum  <Hcni  tunc  in- 
'anuar',  pr^d'  ^Fajor  et  Coinuiunitas, 

civittit'  London  pnnl*  postoa  scil'  die 
rimo  tcrtio  die  Janiiar'  anno  Rrgni  diet* 
pjrfe  nunc  tricesimo  secundo  supradict', 
1  Communi  Concilio  tent*  in  Camera 
il  rivit'  pru'd'  viz.  in  Parocli'  Hp.ncti 
s  Bassishaw  TiOndon  pned'  assemWat', 
nalitiose.  advisnte,  et  seditiose,  ctabsq; 
urali  autlior.tate  in  se  assumpscr'  ad 
•  et  judicand*  dicf  Dom'  Regfem  nunc, 
)«fati(m'  Parliamenti  per  diet*  Dom* 
nunc  sic  fact'.  Ac.adtunc  et  ibidem 
ajor  et  Cummimitas  ac  Cives  civitat' 

sic  in  eodem  Communi  Concilio  as- 
,  Tota  et  suffrnpfia  sua  deder'  et  ordi- 
quod  quflpdam  Petitio  sul»  nomine  IMa- 
lermannorum  el  Commun'  rivit'  I/on- 
C-ommuni  Concil'  assomblat',  dicto 
es^i  nunc  exhibit'  forct,  in  qua  quidera 
»  content'  fuit,  quod  per  prwd'  proro- 
Parliamenti  prced*  prosecutio  Justic* 
hnjus  Regni  ac  proeparatio  (Angl*  the 
pravisioni  nccessar*  pro  preeserration* 
>m*  Regis  nunc,  ac  ejus  snbditorum 
itium  receuissent  obstruction*  {Angl* 
*tion)  et  iidem  Major  et  Communitas 
I  civitat*  Loudon,  prajd',  in  Communi 

pned*,  sicut  pnefcrtur,  assemblat',  il- 
luitiose,  advisatc,  et  scditiose,  et  ea  in- 
,  quod  eadem  Petitio  publicat'  et  dis- 
iret  inter  subditos  «lict'  Dom*  Regis 
eles  ad  ipsos  in  opinion'  inducend*,  quod 
im'  Rex  nunc  per  prorogation*  Parlia- 
ned'  publicam  Justic'  Regni  obstruxis- 
d  eosflem.  Subditos  di^'  Dom' Regis 
'  in  odium  personic  diet*  Dom*  Regis, 
mation*  in  hoc  regno  stabilit*,  et  ad 
md*  pacem  et  tranquillitat'  in  hoc 
\ng1*  adtimc  et  ibidem  onlinavcr*,  quod 
Petitio  sic  contincn'  scditiosam  et  scan- 
materiam  prced'  impress*  foret,  ac 
icii*  die  et  anno  ult'  supradict*,  apud 

pn»d*  in  Paroch*  pned*  eandem  Pe- 
a  intent ione,  quod  eadnn  publicat*  et 

foret  inter  subiHt*  diet*  Dom*  Regis 
I  affectionos  suas  a  diet'  Dom*  Roge 
gubd^lHfttion*  sua  alienand*  et  divertrnd', 
«,  advisatc,  et  seditiose,  impresser*  et 
i  et  publican  fi?cer*  et  causaver*,  in 
,it*  et  scandal um  dijCt*  Dom*  Regis  nunc 
mation*  sutr  hujus  Regni  Angl',  ac  in 
on*  et  excitation'  s(*ditioni<i,  et  pertur- 
[Micis  et  tranqtiiUitat'  infra  hoc  Regnum 
et  in  pemitiosum  alionim  Dom*  Regis 
ibdit*  et  fJcfcorum  exempluni,  pcrcjuod 
lajor  et  (.'OummnitaM  ac   Cives  rivit* 

lined*  lilKTtat*,  privileg*,  et  franchis*, 
)re  de  seijisis  cor]>us  corporat'  et  poli- 
per  nomen  Majoris  et  Communitat*  ac 
eivjtat*  Loudon  foriaiectr',  pncd*  tamep 


parat'  est  verificare,  undc  petit  judicium,  et 
quod  pned*  ]\Injor  et  Communitas  ac  Cives 
civitat*  London  de  prcemiss*  pned*  convin* 
cantur,  ac  de  libertat*,  privileg*  et  franchis'  ill* 
abjudicentur  et  exdudantur,  &c.  Et  quod 
placitum  pneiut*  Majoris  et  Communitat*  ac 
Civium  civitat*  London  pned',  quoad  libertat*, 
privileg'  et  franchis*  preed*  per  ipsos  superiun 
damat*  (viz.)  ipros  habere  Vicccom*  Civit*  et 
Com*  civit*  Lotidon,  et  Vicecom*  Com*  Midd*, 
et  nominarc  et  eligere  ex  seipsis  duas  personatf* 
fore  Vicecom*  Civit*  prod',  et  Com*ejusdeiii 
Civit*,  et  Vicecom*  Com*  Midd',  ac  i'llos  sift 
nominat*  et  elect*  preeficere  et  constituere  Vic* 
Civit*  prsed*  et  Com*  ejusdem  Civit*,  et  Vic* 
Com*  Midd*  ac  ut  Vicccom*  Civitat*  pra»d*  et 
Com*  ejusdem  Civitat*  ad  execution*  et  retorn* 
omnium  brevium,  billarum  et  pnecept*  Dom< 
Regis  pro  Administration*  et  Execution*  Justi« 
ciflB  infra  Civit*  pned*  et  Com*  ejusdem  Civit* 
exequend*  et  faciend*  qus  ad  Offii'ium  Vic' 
faciend*  pertinent,  ac  ad  faciend*  et  cxoqucnd*^ 
omnia  et  singula  alia  infra  civit*  prsed'  et  Com^' 
ejusdem  Civit*,  qu«  ad  Officium  Vicecom*  fe* 
ciend'  pertinent,  ac  Vicecom*  Com*  Middleseiv 

{»ro  eod*  Com*  deservitur*,  ac  omnia  brevia,  biU 
as,  et  precept*  Dom*  Regis  infra  Com*  Mid- 
dlesex prted'  pro  Administrationeet  Executione 
Justiciee  ibidem  exequend'  et  retorn*  inde  fac*, 
qave  ad  ofHcium  Vic*  faciend*  pertinent,  supe^ 
nus  placitat* :  Necnon  quoad  placitum  pnefat* 
Majoris  et  Communitat*  ac  Civium  civitat' 
London  pnpd*quoad  lif)ertat*,  privileg*  tranchis* 
4)er  ipsos  superius  clauiat*  (nz.)  Major  dict5 
Civitat*  et  hujusmodi  Alderman*  ejusdem  Ci- 
vitat*, qui  Officium  Majorat*  Civit*  ilHus  susti- 
nher*,  ac  inde  fuer*  diraissi,  ac  tres  Alderman* 
sen*  C'ivit*  proed',  qui  dir.tius  in  officio  Alder- 
man* f ^ivit*  pncd'  stetcr* ;  et  onus  et  officium 
Majorat*    Civit*  pned'    non   sustinuor*,   for«' 
justiciar*  Dom*  Regis  ad  pacem  infra  Civit* 
pncd'  conservandam,  ac  a<l  Session*  pacis  ei 
placita  Coronti*,  (scilicet)  (alia  placita  Coronce, 
qr.*.l*  Justiciar*  Dom'  Ilegis  ad  pacem  conser-* 
vand*  a8<!i^n*  legitime   tenerc  posSent,  infra 
eandem  Civitat*  tencnd*,  ac  ail  oinnia  Felon* 
Riot*,  Rout*  et ,  Conventicul*  illicit*  infiaCi-' 
vitat*  pned*  iiiquirend*,  audiend*,  et  tcnuinand*^ 
superius  placitat*,  idem  Attorn*  Dom*  Hera 
nunc  General*,  qui  pro  eodem  Dom*  Regeift 
hac  parte  se(iuitur,  pet*  licenc*  iude  imdrlo- 
quend*  coram  Dom*  Rege  usn;  a  die  Saneti' 
Mjchaelis  in  tres  septlmanas  ubicunq;  Sec.    Et^ 
ei  concreditur,  Sec.  idem  dies  dat*  est  pitefat*' 
Major*  et  Communitat'  Civibos  ciWt*  London' 
pned*,  Sec. 

Et  pned*  Major  et  Communitas,  ac  Civai^ 
civitat*  London,  quoad  prscd'  placit*  prscd'  At-' 
torn*  dicti  Dom*  Kegif  nunegonortiiB^ta  tni^  > 


HI)  mmnus,  ucu«u>n.  n 


iidpnirai 

vcDdcD',  Bccedea',  ^uant*  okM*  Alluni*  gene- 
ralti  pn  «<Nt«3ii  Dmiuiw  Rep  Niperiai  aflc^vit. 
Pn  plsciia  (aiDco,  tfOaaA  coaTcctwa'  ct  pubh- 
<?*ti«a'  lefpt  pro  teistioae  detwriot'  ^  penumii 
■J  {Hiblica  ntercata  iafm  OTilat'  nrcd'  ktit', 
com  rictiialibiu  in  prOTntoniboiibiJeiiii'tiMlen' 
•C(«d«n',3c  rvactionem  et  Inatiua'  bujiHiittiidi 
ieatr'  (uperiua  lieri  tujiposit',  iulnn  M^jor  e( 
CmamuniUs,  ac  Cirei  civiut'  Laddou  dicuni, 
quod  Civ  iia>  Limduo  prscd'  est,  a  tempore  eujoa 
coDtnr'  meiDOTi.-!  huminuia  nuu  cxinit,  fiiil 
ituattna  et  capilalis  dritos  M  metrr^lii,  >c 
principalis  pi'rtiu  biijin  r^^i  An^l',  €t  tu  mi' 
biu  el  iiibabiutililjus  inaxiini:  pMiuloiia,  e>  in 
coDcurtu  hiiauanin  lam  bgcor'  Uom'  Rn;ic, 
^OMn  ennaeor'  cupiotisamn,  pmporiii'.nque 
totiiu  Europi:  cclclx-niniutn  ;  quwlq'  IiaIh-ii- 
tur  el  Utimlur.  n  a  u^npore  cujiuciiii^ir' 
minum  nun  cxi«tit,  babcbantiiv 
publica  u^rcnU  IntH 
"    "      "■.  proriwinibut 

.. ;  qiKxiquc  ijiai  prxtl' 

Mj^OT  et  Comniuiiila!),  ac  Civcs  civilat*  London 
pnw',  decimo  leptiino  di«  Scptenibris,  wmo 
Tioeiiind  i«xlo  supradicM  in  replicutinnu  prvd' 
■ucnliumt',  neciioa  couliniu:  poslea.  cl  u  lem- 
f>n  Qtyut  coDtrv'  memonu  baniiiiuin  n<>ti 
«''*Ut,  «cizit'  fuer',  ct  iulhiicseizit'  uj^uut,  de 
ct  \a  puWicij  mercatiK  jiccd'  in  Dom<  mio.  m  de 
ficdo,  ac  f>er  totum  iili^m  tempuK  »inup4ibiu 
4i}ia  nroiM-iin  providec',  a«  provLdcri-  conauejer' 
#  ^diucfutit,  fi/OTL  macaluha,  »iip  Iwa  ubi  bu- 


1  laiwbantu 


pro  temporv  eiiileii-,  ac  de  voihvidwD  Ota-* 
Fxittcc',  libfTk.  bomiuibtu  (itiuta  dtuik  M 
excnlen'  nunKTuai  ducestar  tl  <)iii<ii|apM' 
peKdoanim,  e  ciidius  el  liberie  IvmiBitanav  , 
ur  ^rcd-  WiDuatim  elecf,  fun-  Jr  l'*aa« 
Coaobo  iUo.  qui  qaiddn  Cins  %x  rlucr  m  k^ 
jaxiDMli  CouuDuai  Coacilio  imruntui  C<bW 
niuii  (Aogt-  Covuk-iu)  diiliU-  LmidM.  (Mr 
que  inin  d'iul'  pried",  vnkbrit,  »fai  !«* 
parodtiam  satwti  IJ  irbuelic  BaMbkaw,  haUl 
vt  cxiaU,  el  a  tempore  cii)Ui  (-»ninir  uiiM*! 
liomiDuni  Don  exutit,  bahct«I  ur  r*  bilt  Mil 
consuenidu  luhai'  et  approbat*.  tidtlwcl,  pi 
Major  Alderman-  diet'  ciiit*.  or  biyoM^ 
Cives  sic  elect'  fore  de  Cnm'  (  ■««■  *J^ 
dritalis  pru  teiopurc  eusun*.  Id  ToaM* 
CocicUio  Kuo  infra  cititat' ill'  uKmyti',i*M 
tempore tupndido,  «Miiii<luni  ciwanrii^ 
ciTital' prard',  lecer*  et  cooMiiiHT',  titM 
el  cnmbtiKre,  CMUuerer*  et  posiunt,  *r  pMMS' 
kg««  et  ordinalioocs  jiro  mcliori  rt^fukiiW* 
gubenaliooe  jiublicor'  mtrcalM''  ialn  6M  * 
pncd-,  ac  pit)  appuudualionc  01 
ct  tempui*,  qiuado  et  nbi 
diiiat'  rocreaia  ilia  lent'  foenil.  < 
a-ctchsioae,  el  in  ceruiudin'  rediK-iwar  rs 
bilium  tolnet',  ntar',  site  deiwr'  niara 
snlvend'pprpcrBuuasadcadeni  aurnaMM 
iiroMallis.  stHtioDibuA,  el  idii«  •ecu 
bus  per  eas  pro  T  eudiUDDe,eKii«sl  wt 
el  pmTUioaiim  in  uiercaliaiUiihibir.^ 
qiianiioeu i)ilebilureK)iedin;  i 
etunlioatioacshiiiuuncADnn'  R<^<> 
•uo  wot  bnoa  &det,  at  n>UHu  VBf»t  f^  H 


kTE  TRIALS,  34  C'HAHLEft  11.  iS^Q^Mi  the  City  q/ London.     [ldl# 

IS  rejgfni  Ang-l*  niinime  contrar*.  Communitat'  London^  sen  per  nomrn  Mnjoriji 
Ma^riia  Cbarta  de  libertatihtis  et  Ciriiim  civitat*  London,  sf^i  pt»r  nonicn  Ma- 
amento  Dom*  Henrici'  quondam  jor*  ct  Comniuuitat'  civitat*  London,  sen  pit? 
rtii,  apud  Westm*  in  Com*  Mid-  iiomrn  civiuin  civitat*  London,  scii  jior  noinen 
"^i  sui  nono  tent*,  edit*  et  pro-  llaron*  I^ondon,  sou  jK?r  nouini  Jiaron*  Civitit* 
r,  quod  ciritaM  London  haneat  London,  sou  per  aliqiiod  aHudnom en  qiindcun- 
es  suas  antiqiias,  et  coiisiietudi-  qtw  ratione  vcl  vigtirp  litemr*  patent*,  chartar*, 
idem  Major  et  commuuitas,  ac  ''       -•     '   •       •  •  -      -. 

London  uherius'  diciint,  qnod 
lus  quondam  Rex  An^l*  tertius, 
suo  apud  Westin*  in  com*  Midd*, 
primo  tent*,  per  quandam  char- 

ass«'nsa  pneiator*,  Comitum, 
)tius  Connnuuitatis  re^i  sui,  in 
icnto  suo  apud  "Westui*  pned* 
-Ml*,  ac  autUoritatc  ejusdcm  par- 
niavit  time  Civibus  civitat*  lion- 
lertateM   subsequcn*  (inter  alia) 

succcssoriluis  suis  in  poqjct* 
ndo,  qur>d  cum  in  Ma^a  Cliarta 
Anyfl*  ontineatur,  quod  civitas 
;  onines  !it»crtatcs  suas  antiqna.^, 
es  suas,  ot  quod  iidem  dives 
^ti<»nis  ditijc  cliarttr,  ac  teuipo- 
dwardi  Regis  et  ('onfcssoris,  et 
'm%  et  al»  nrotfenitor*  dicti  Re^ 

diiersas  libei'tates,  coiisuetudi- 

chartas  ipsor*  pro^'uitorum 
sine  chartis  ex  antiqua  consuc- 
nt,  voluit  et  concessit  idem  Rex 
IS  nro  se,  et  boeredibus  suis  per 
uithoritate    pned*,  quod  iidem 

libertates  suas  secundum  fur- 
C'hartttJ  supradict*,  prout  jier 
mi  g^eren*  dat*  apua  Wcstm* 
Martii,  anno  Reg^i  dicti  Regis 
primo  Kupradicto,  sub  nia^o 
*  siipllat*,  hie  in  cur*  prolat' 
lius  apparet.  £t  iidem  Major 
,  ac  Cives  civitat*  London  ulte- 
mI  a<l  instant*  et  rcquisitioncnn 
c^i  Aii&ir^  in  parliamcnto  Dom* 
Regis  An^l*  secundi  post  Con- 
pstm*  pncd*  anno  re^ni  sui  sep- 
nblat*  pro  majori  quiete  et  pace 
iisdem  niiper  R^s  fovenu*,  et 
*o,  ouuies  consuctudines,  lilier- 
et  fruncbis*  ei\itat*  pried*  tunc 
pnrd*  rt  eoruni  succH'Ssoribus, 
Kdiiin  pariiamenti  ratilicat^  et 
*.     (iuiMlque  pnedictus  Domi  • 

per  litems  suas  patentcs  sub 
10  An^l*  sii^illat*,  j^eren*  dat* 
nr*<l*  ^icesiuio  quarto  die  Junii, 
b'cimuqiiinio,  qiias  iidem  ?>?ajor 
,  ae  C'iv(»s civitat*  London  hie  iu 
pro  ipso  Rejjfc,  lia^rwl*  et  suc- 

ratihcavit  et  confinnavit  I\Ia- 
nitati,  ac  C'ivibus  civitat*  Lon- 
oribus  suis,  omnia  et  singula 
uitboritat*,  privilc^',  libertaU^, 
unti^ts,  iniinunitaU?s,  ct  run- 
)cunquc  qu'iC  pnrfht*  Major 
V,  ac  ('ives  oiiiUit*  Iy>iiden, 
•CM  sui,  |)er  nomen  Majoris 
,  ac  Ci>'iiim  civitat*  Tendon, 
Majoris,  AldcrmaoS  Civium  ct 


tionis  vet  pnescriptionum,  seu  alio  lejraU  modo 
quocunque,  aliquo  tempore,  ^el  aliquihus  tem- 
poribus  ante  tunc  habuissent,  seu  nitionabilit* 
usi  tiiissent,  nut  exerciiisscnt,  1lah(^n*,  tenend*, 
jOraudend*,  et  excrcend*  omnia  sininda  pramiss* 
prsMl*  eisdcm  Majori  et  Communitati,  ac  C.'ivi- 
bus  civitat'  London  jincd*,  et  successoribuft 
suis  in  pf^rpetuum,  adeo  plene,  et  integre, 
ac  in  tarn  aniplis  modo  et  forma,  prout  in 
ii.«deiu  Uteris  putentibus  superius  mentionantur 
fore  dita  sive  concessa,  aut  aliter  usu,  prac- 
script*,  vel  alio  Icgalimodo,  seu  jure  quocun- 
que arite  tunc  respective  habit*,  obteut*,  sive 
gavisa  ftiissent,  ac  si  sejiaratim,  singulatini,  et 
nominatim  in  et  per  dictas  literas  patentcii 
ij>sii:^  Dom'  Regis  uunc  express*,  nominate 
neclarat*,  concess*,  et  manifesta  essent  et  fu- 
Lssent,  pnmt  per  easdcm  literas  patentes  (inter 
alia)  pleniu^  apparet.  fit  iidem  Major  et  Com- 
nnunitas,  ac  Cives  cintat*  London  ulterius 
dicunt  quod  post  magnam  illam  conflagration^ 
maxims  partis  civitat*  Londonprxd*,  <ju«  fnit 
in  metLse  Septembiis,  anno  Dom*  mdlesimo 
sexccntesimo  sexagesimo  sexto,  ac  alteration* 
ill  civit*  et  mercat*  prad*  perinde  occasiouat*^ 
diverse  controversia?,  et  qusestioues  ortcc  fuer* 
infra  eandem  civitat*  de  et  conccrnen*  stabi- 
liiion*  publicornm  mercator*  infra  rivit*  ill*,  ct 
denar*,  summar'  per  lij^^eos  Oom*  Re«jis  pro 
virtualibus  et  provisionibus  in  mercatis  il!i« 
venditioni  exposit*  solubil*,  ac  siqieriude  pra;d' 
die  Jovis  decimo  septimo  die  Scptcnibris,  anno 
regfni  dicti  Dom*  Ret^s  nunc  vicesimo  sexto 
supradicto,  qiiidcm  Will*  Hooker  I^lilcs,  tunc 
Major  civitat*  pracd*  et  Alderman*  dicta;  civiiat*, 
ac  Communiaiii,  sive  Cives  de  Comniuni  (.'(»n- 
cilio  rjusdein  civitatis,  tunc  existen*  in  Com- 
muni  Concilio  suo  infra  eandem  civitat*  (soil* 
in  pncd*  camera  (iiuildliall  ci\  itutis  illius,  situat* 
in  pra:d*  parochia  sancti  Micliaelis  Bassisliaw) 
ad  tunc  assrmblat*  secundum  coiisuetudiiiem 
dict:c  civitat*,  ac  autboritate  tjusdem  Com- 
munis  ('oncilii,  fecer*  nuistituer',  et  piiblicaver* 
quendam  actum,  sive  ordination*  pro  nuiiori 
regidationo  et  t^ulM'rnationc  publicorum  mcr- 
cafor*  infra  civitat*  prawl*  tent*,  intilulat*,  *  An. 

*  Actff)r  the  S<'ttlemeiit  jmd'.vell  ordering  of  the 

*  several  public  luarKetv,  within  the  city  of 

*  London;'  per  queniqit  idem  actum  si  >e  ordina- 
tion* (iiitcM*  alia)  rccitaudo,  quod  cum  pro  uc- 
commudntion*  punuli  nwsvai*  (Angl*  of  Market 
ptnpiv)  cum  Ktaflis,  iLSsJcribus,  tectur*  (Aiigl*" 
Shdlt'r)  H  aliis  luijiisinndi  irbus  ncfcssariis, 
]»ro  (Mjr*  station  ill!  I.-;  in  aliquibus  inen'at*  infra 
civitat' ill*,  ac  pi-o  cunind.i:,,!*,  p',\i;ii(l*,  r^ni- 
raiid*,  et  munda  cu:itii;lkiid*,  ea'i«'in,  nc  i-iiimi 
pro  siistineudo  (Aogl*  (h  f'royinr)  Lucidca'  oncrm 

4P 


■iSlS]   STATETRlALS,34CiUttLKSn.  1682.— Pi-«rt^i(i^#Jriiotttil*eiCiii^ 

tftudcm  ratos  uc  »uhi  vnlinil',  rl  du 
uiletn  M^ur  et  Cuniruuuiiw,  u  Civo 
LomloD,  a  tempore  MituN  utc  ordiiolioii 
ut  prnfiTtur,  fact',  hutMi«iiu«  exn^ 
ccpcr*  tvcutidiuii  fianuMU  et  elTrduni 
tuAnt  eiit  onliualiiHUs ;  ijui  qnMciii  u 
(inliitUiii  ral  eadem  lex  \tvi  ifiBoa  Mi>. 
CpiaimuiilM',  kc  Civei  ciiitit' Umdi 
riu*  ilu  fncto  iiwctital'  el  iitiUical',  i 
b  prxil'  jilorila  pnid'  Atluru.'  gcnrrai 
rUis  miltvanilo  pUciUt'  Rpec* ;  ib* 
^uchI  atiqua  In:,  actus  site  ordJuktM] 
tione  denar'  prxd'   de  peraonn  *4 

Erajd*  acceJeut'  turn  victualibu*  ctpi 
us  itud'  lendend',  ioactilBt'  ikd',  ■ 
livat'  fuit  ulilcr,  tet  diu  laodo,  ^ 
Major  ct  Conunuiulasi  acCiTmeiiili 


I 


rriiMBtioDH  ct  mDnulenlioniB  ilktonira  men;>- 
tor',  d  Buiiilitnr  ail  (i^ttlicniul'  el  niuneraiid' 
Giimm  1^  atlendciitiaii)  taljain  perwinarum, 
^Uftl'  furnnt  ticrii|iat'  iu  esMlem,  ijuaedani  ra- 
UouutulcG  mla  pru  diet-  accuinmMlaliouiliiu  et 
oiKrihuB  s(^iii|icr  solut' fiiissent;  et  ad  intra - 
tJunt^ui  ijuud  dicia  rate  Ibrentccricet  nublicc 
litctie  onmia  (lOjiutu  mcrcalariu  (Angl'  Market 
i'copk)  per  quod  i<er9ons,  qua  extunc  per 
ordjiieiu  iUius  cm"  Com*  Cancilii  ounipat* 
tarcnt,  ttinqu»ai  coUui^torKi  vel  Rcejituivi 
CDruudeul  ralar',  prcTeiiircnlurB  dcniaiuiaDdo, 
Migeodo,  Ku  reeipipodo  plus  quaiu  atlocat' 
filit  per  aetnm  aive  onlimUian'  ill',  otdinat'  vt 
inooUUt'  fuit  autliorilate  ^u^au  Com'  Uua- 
cilil  (iutoT  alia)  i)uod  oniDcs  et  ijuKlU)et  per- 
yona  ct  pcrsouz,  ad  aliquod  diet'  merciiMi' 
accodtBd'  ad  conunoditaleB  w*»  Tcadciid' 
et  utteraud',  «nu»C  sulTercnt  tali  tiurMtiir 
ceu  pcfsunb,  quolei  fucr'  v<d  lureitt  aa  tem- 
pore in  leuiuuji  a|>pulicliuit'  ud  capieod'  et  te- 
ci{u^ud'  iirofiuua  oinniiltu,  vul  aliijuar'  diclor' 
mon.-ator',  ml  uauiii  Miyuris  t-t  Conuiiuuitat'i 
ac  Cjyliun  oivilat'  Lulxlua,  de  et  ab  oiiuii 
populp  niercUorio  adiudu  aocedou',  pro  slullis, 
Btatiuiubus,  ttt  aliis  accanimiNlatijiMijbus  iulu 
in  sepand'  incrcattB  prxd',  ut  pracr«ctur, 
•ecuDdum  Talus  aeqiwu*,  et  non  ampliua ; 
Tidel',  pco  qualibet  kBIU  eive  staliou'  dc  lungi- 
tudiiwoctopeJuRi,  el  laiiiudiiiequftluor  pedum, 
pro  veuditjone  caniis  aut  pincis,  durrs  solid'  H 
sex  denar'  per  seplimaiistii ;  pro  qu&libet  stalls 
uva  tfoliobc  de  lutwitudiue  sex  pedum,  et 
latiludiuequatuar  p^uni,  duos  solid'  p«>cp- 
liumn';  pio  qiialiuct  sl^Ua  slic  stntinue  [!<-■ 
loDiiitiidiiie  sex   vcl  acm  pedum,  tl  blitudino 

3ualLinr  pedum,  pro  ulita  ctHumudilatibus,  trcK 
I'lmr"  per  diem  ;  pro  quolibct  onore  eiiuiuo 
prafisiou'  noil  hiipcr  sluUas,  Tvl  sub  pulilica 
leclur*  ^Aiigl'  S'lii/er)  duos  dtoar'  per  diem  ; 
.|irD  quslibct  uaiiislru  (Angl'  Doisfi)  ronsiiuilui 
pronsion',  un'  deiiui*  pv?r  diem;  pru  iiuni' 
careclat'  ti-ael'  cum  nun  plur>  qium  tribiis 
ai]ius,  quatuur  dcDar<  per  diem  ;  etpruqualibi^ 
Goraclat'  truet'  e\ixa  quiit'  cquis  ltd  puiribus, 
sex  deiiar'  per  dteui.  Ac  nJlei'iiu  ordinat'  et 
iuactiiat'  luit  dicta  aultinritatc.  i|UDd  eulkfiDn-S 
•ut  recopturcs  B|ipiineluat,  tcl' appunclitund', 
ut  prasferlur,  babfruiit  poteHtatcm  suimt  olisii- 
uaU  detiesalione  seu  dilutiaue  uticiyus  populi 
iiien'aliirii,  oU  goIvL^Dd*  rcspectitos  ratas  prxd' 
illu-s  ab  eoruin  renpevtiiis  stationibus  et  Iuci« 
ftmotcre  et  dislocare.  Et  ridem  Major  el 
Cummuuitas,  ac  Cives  cirilat'  IjOndon  ulleiius 
dicuDt,  i|uod  eanlem  talx  per  actum  live  or- 
dinaliuDem  iL',  ut  jtrsfertur,  sulii  ordiaal', 
prad'  tempore  conliictiuais  unlJnaduaij  iUiuSiCt 
cilIiuic  liuuusijue  fiii-nmt  ralii'iiabiles,  et  adhuc 
ralioiiubiles  eusluut  -,  iguodquc  ralie  ct  dennri- 
orum  summs  per  cundem  acliuu  sireordina- 
tioiiein  «olvi  ordinal',  sunt  otimes  rats,  tuluct', 
et  (Wnarior'  aummiE  pra  victuubbus  et  pruvi- 
•ioiubus  in  mercat'  prnd'  leudit',  um  leudi' 
tioiii  expoait'  yier  aTi<iua£  pcrMiiiiu  it  dicio  tem- 
pore ciMil'ectiDui'i  i^usdeui  ordiiinlioiiis  butnis- 
^ue,  ad  uBum  Mujuris  et  Conimuiiitaf,  ac  Ci- 
j^^nam  citital*  Lrondon  Kotubil'  et  solul',  quus 


.  et  buu  pml'  Kunl  T«nA(i 
quoad  reaid'  pnad'  placili  prcd'  Atlo 
ueralis  in  assign'  fontrBcliir'.  ul  prkti 
periusreplicaudupIut'li^ii'.iidi'iiiHuoi 
muDilat',  ac  Ciies  cit  ilut'  (juulon  (be 
(icesimo  quarto  die  Apnlin,  wmo  r 
Dom'  lU^  DUQc  triosimo,  «t  per 
annos  tunc  ult'  «IapMK>,  ac  post  taiti 
gimiiui  quariumdiem  Aprilii(,b(ialNi 
AngI',  et  alibi,  videilcn,  apud  IxwHk 
in  prad'  parodd  aauct'  MicW-li*  ft 
piiHlituria  et  etecnbilis  mDspiniliu 
ratio  muchinat'  el  proBecut'  Viiii  pa 
' '  Dgl'  Papitti)  ad  uilsrfii^«iid'  U  a 
ua'  Uegem  luiuc,  (.1  ad  alurand',  ■ 
siibvertciid'  aDtlr|ua:s  gulKTuatiao' 
cjuddem  reguL,  et  ad  suppriuieild'  Te 
gioDcm  ill  Foikia  stabilit',  et  aden 
ctdeiitnitiuluaiproliswreaeiiisdetan 
qu;fl  ijuidctu  conspimtio  et  eoiguialii)  i 
et  proaccut'  fuer*,  et  diverHSlodx,  e 
jiaiul'  y'aa  et  media,  ac  per  magnuni  i 
pereouaruu  Bepanil'  qiutlilal'  tt  i 
i|uz  agLbaut  et  se  ocrupaiei'  m  * 
cxcquFiid'  et  perimplend'  pncdicttH 
prodiloria  luacliiQationes  et  prD|Hi>jla ; 
HKilca,  ^dlicet,  vicesioio  sepUuio  dii 
bris,  umio  tricesiuia  supradicto,  & 
Cury  Godfrcv,  AUl^s,  tunc  uoua 
JJoni'  lU^'is  ai  paceiii  iu  com'  XEM 
anihim  assigDat',  secuudum  officii  e( 
Kui  (lebitum,  apud  parocblaiii  hutdi . 
cainpis,  iu  eoduu  coiuiiat*  AUdd',  a| 
nation'  el  infarmation'  dc  prxTal'  cn 
et  coQJuratiuiic,  ac  inforuutliau'  qu 
ilia  cunllagTutio  maxiiux  partis  at  ita 
qux  fiiitset  ia  meusc  t4pteiabri*i^ 
uiiilesimn  sexcentEBUDo  sexageiiiMi 
fuit  per  Pa{a:.las ;  piutfaque  per  adnl 
asuiuauoi,  cnojdliuiu,  insli^atioooa) 
taliimem  Uiquoruiu  itictorum  eooa| 
d it eruE  persona  in  iusiiUisjacuH*.! 
fueruul  prafat'  Edmund-Bntj  OvI 
his  diebiis,  ea  inLeolione,  ud  ifMWl 
lidelicel,  opud  purotlikm  ■iflli 
Saiov,  ill  d'ct'>  coniitat'  BliiM' )  ■ 
murdrum  pnsica,  sL-il',  duodeooMi 
um  triceti^  supmlido,  ^ni^0^ 


7]    STATE  TRIALS,  34  Charles  IL  l6S2.-^iiir  the  City  of  London.    [1318 


.m^  per  eos  perpctrat*  et  eflfectiifn  fiiit  ac 
wtret*  et  eflfectum  fuit  ca  iiitentioQ(%  ad 
srimendum  examination*  et  information*, 
I  ipse,  lit  prsefertur,  cenisset,ot  atl  dcterrend' 
ntimidand*  mogistrat^  et  al*  ab  agendo  in 
riori  detectiune  conspiratioiiis  et  conjurati- 
pned*;  pro  quo  qiiidcm  raurdro  quidam 
isrtus  Green,  Oirald   (.-tericus,   I]t*iiricus 
T«  I<anrenciu8  Hill,  Dominic  Kelley,  et 
Eertns  Vemat,  postea    fscilicet,    termino 
if  Hilarii,  annis  regni  <)ict*  Doni*  Regis 
e  tricesirao,  et  tricesimo  primo)  in  curia 
n*  Regis  coram  i|)R0  Jlege  apud  Westm*, 
ido  com*  Midd*,  per  quaiidam  juntt*  prani* 
4em  com*  MiddS  debita  juris  lurma  in- 
It^fueruiit ;  ad  quod  quidcin  iiidictanientum, 
tot  (scilicet,  eodem  temiino)  prxd*  Robcrtua 
CD,  Henricus  Bury>  et  Lauroncius  Hill,  sc- 
liim  placitarer*,  quod  ipsi  non  fucr*  inde 
labiles,  eC  de  eo  posuer*  se  supra  patriam ; 
iMtea,  scilicet  eodem  termino  sanct*  Hilarii, 
■dem  cur*  apudWest(u'  prxd*,  pro  diet' 
aia  et  murdro  per  jurat*  [latrix  prxd*,  in 
ila  juris  forma  triati  tiierunt,  et  inde  legi- 
t  eonvicti  et  attincti,  prout  per  record*  inde 
■dem  curia  Dom*  lugis  coram  ipso  Rt'gc 
dWestm*  praed*  TL'sidf^n*  picnins  ap^mrct. 
adqne  pro  altiN  pruditionibus  et  proilitoriis 
jpirationibus  et  ronjurationibtis  pnrd*  qui- 
a  Edwardus  Coleman  et  Williohnns  Ireland, 
omas    Pickering  vt  .l(diannes   Grove,  ac 
Mias  M  hite  alias  Whitebi-ead,  Wiliielmus 
leoart  alias  Harrison,  Johannes  Feimick, 
lunes    Gavan,    et   Antonius  Turner,    ac 
tedus  Langliom,  Arm*,  existcn*  Papists, 
HperstitioD^  liomaiiam  profitcntes  ante  praed* 
imam  tertium   diem  Januarii,  anno  trice- 
Msecando  supradicto,  «lebito  niodo,  et  sc- 
rinm  legis  hujus  regni  Angl*  fomiam  triat*, 
ifict*  et  attinct*  fuer*  (scilS  pncd*  Edivardus 
lenWD  terminosanct*  Michaelis,  anno  regni 
n'  Regis  nunc  tricesimo,  in  cur*  Doiu* 
fis  coram  ipso   Rege ;    eadcm  cur*  apud 
isim*  in  com*  Midd*  adtunc  et  adhuc  existen*) 
nl  per    rccordum    et   pmcessum  inde   in 
lem  cur*  nwidcn*  pleuius  apparet ;  ac  pned* 
KdmiM  Ireland,  Thomas  Pickering,  et  Jo- 
IMS  Grove,   ad  deliltcration*  gaolie  Dom* 
fis  de  Newgale,  tent*  prodictocom*  Midil* 
M  Justice  Hall  in  le  Old  liaily,  in  suburblis 
iBctvitati'j  London,  iu  meiise  Decembris, 
M tricesimo  supradicto,  (yrout  per  rccordum 
pncessumindpin  custod*  ('nstodis  Rotulo- 
ndict*  com*  Midd*  reman*  plenius  apparet ; 
pned*  Thomas  White  alias  Whitebreud,  Jo- 
BDes   Fen  wick  ,  Wiliielmus  Harcourt  alias 
nison,  Johannes  Gavan,  et  Antouius  Tur- 
r,  id  deliberntioncm  gaokc  Dom*   Regis  de 
sv^te,  tent*  peradjornament*  pro  com  Midd* 
■d*,  a|iud  pneil*  Justice  Hall  inle  Old  Raily, 
nburliitB  civitatis  London,  die  Veneris  de- 
■0  tertio  die  Juiiii,  anno  regni  diet*  Dom* 
^  nimc  tricesimo   primo,  prout  perri>cor- 
4  et  processum  inde  in  custodia  dict'Cus- 
fii  Hotiil*  ejusdem  com*  Midd*  rcmaucn* 
!iiiiis  apparet ;  et  prtcd*  Rich*  Langliom  ad 
iburatiimein  gmolc  Dom*  Regit  de  Newgate, 


tent*  per  adjornament*  pro  diet*  civit*  London 
apud  Justice  Hall  in  IcOld  Rally,  in  pnrochia 
sand*  Scpxilchri,  in  warda  de  Farringdun  extra 
l^ndoii,  die  Mabbati  decimo  quarto  die  Junii, 
anno  trioesimo  primo  supradict*,  prout  per  re- 
cord* et  process*  inde  in  cu^tod*  Custodis  Rotul* 
diet*  oivitat*  liimdon  renianen*  pleniusapfwret : 
quodque  Wiliielmus  romes  Po\%is,  Wiliielmus 
vicecomes  SlaHVird,  Henricus  dom*  Arundel  <k' 
Wardor,  Wiliielmus  dom*  Petre,  ct  Jolianuea 
dom*  ReJlasis,  tricesimo  die  N<frembris,  anno 
regni  diet*  Dom*  Regis  nunc  tricesimo  supra- 
diet*,  apud  Wcwtm*  pned*  in  prard^  com*  Midd* 
de  altis  proditionibus,  et  proditoriis  conspiro- 
tionibus  et  conjurationabus  preed*  legitime  ae- 
cusati,  et  super  inde  prisome  Dom*  Regis,  scil*, 
Turri  l«ondon  commiss*  fuer*,    ibi«lem   salvo 
custodiend*,  ac   in  custodia  sic  existen*  idem 
Willie!*  comes  Powis,  Williel*  ricerumes  Staf- 
ford, Henricus  dom*  Arundel  de  ^Vai-dor,  Wil- 
Ikhuus  dom*  Petre,  et  Johannes  dom*  IMlasis, 
ad  session*  parliamen*  diet*  Dom*  Regis  nunc, 
apud  Weslm*  pnwl*  docimo  quinto  die  Alartii, 
anno  regni  sm  tricesimo  primo,  jKn*  proroga- 
tion* tent*  {»er  Communes  hiij us  regni  Angl*  in 
eodcim  ]Kirliamento  aKsemblat*,  coram  IVIagnatib* 
et  l*roccrib*  ejusdem  regni  in  parlianieiito  illo 
convocat*  et  convent*,   tie  eo  quod  j)cr  multos 
annos  tunc  ult*  preterit*  nnMlitoria  et  execra- 
bilis  conspi ratio  et  conju ratio  infra  hoc  rejourn 
Angl*,  et  alibi  macliinat*  et  prosecut*  fuit  per 
Papistas,  ad  alterand*,  rautand*,  et  subvert  end* 
antiques    gubemation*  et  leges  hujus  regni  et 
natiouis,  et  ad  supprimend*  veram  reKgiooem 
in  eisdem  stabilit*,  et  ad  extirpand*  ct  ilestru- 
end*  professores  inde ;    qute  quidem  conspi- 
ratio  et  conju  ratio  machinat*  et  prosecut*  fuis- 
set  iu  diversis  locis,  et  per  separal*   vias  et 
media,  et  per  magnum  numerum   iiersonar* 
separal*  qualilatum  ct  graduum,  qute  agebant 
in  eisilem,  et  iuteiidebant  per  inde  ad  exequend* 
et  consuiimiand*  pned*  scclcrat*  ct  pniditoriut 
macliinationes  ct  proposita.  Uuodque  die*  Wil- 
iielmus comes    Powis,  Wiliielmus  vicecomee 
Statfoi-d,    Henricus    dom*   Arundel  de  War- 
dor,    Wiliielmus  dom*    Pein>,    et    Juhanne* 
dom*  Bcllasis,  simul  cum  Phil*  Howanl*  com- 
muniter   toc*    Cardinal     de    Norf.     Thoma 
White  alias  W  bitebread,  com*  voc*  Provincial* 
JesuiUir*  in  Anglta,  Ric*  Strange  nuper  voc* 
Provincial*  Jesuitar*  in  Anglia, — Vinctut,  com* 
voc*  Provincial*   Domincor*  in  Anglia,  Jacobo 
Coo])er  c<mi*  voc*  Pnesidcnt*  Hcnedicline,  Jo- 
hanne  Warner  alias  Clare  Ruronetto,  Williel* 
Harcourt,  Juhunnc  Keins,    Nicho*    Uluiidel,. 

Pool,  Edwar*  Mico,  Thoma  Re<lintield 

alias    Benefield,     Rasil*   l.jmgworth,     Carolo 


^    —  -      _  ,  —   ^  , , 

Fitxgerald, E%ers,  Dom*  Thoma  Preston 


(Anglicc  Sir  Thoma*  Presfon)^  Williehii* 
Lovel,  Jesnitis,  Dom*  Jiultemore,  Johanne  Car- 
rel, J  obanneTownley,  Rich*  Langhurn,  Wil- 
lielm*  Fo^^y,  Thoma  Penny,  Matthu')  Med- 
bourne,  kdward*  Coleman,  fVillioIm*  Irflaiul, 
Johanue  GruTe,  Thoiua  Pickering,  Julmime 


1(9]  STATE  TRIALS,  ^4ClIABLES  H.  lS$1.~-Pr«ettdMsi  httwrai  Ik  Kmg 


friitril.*  {Angl'  /Viir.J 
prodiiuim  l)iim'  tU-gi  uuiic,  M  liuic  IIl'^im 
intra 'Ciinpiumll'  jirwd'  proditoric  coiisuluu- 
NRiii,  iniicliiniil'  fiiiiMvnt  vi  L-fpssait,  ailet|iro 
(<uiiMtminuliuDC  ihul'  itii[iru()ar'  pernitiosar'  et 
protlilJiriHr'  iiuit'liiiiittMiiiS  el  ra  de  cuiu  ne- 
quixMuw  «t  pnwUlwic  Mgro—if  nt,  aDtiB|iinsaeat, 
M  tUMnimsMint  impnwninre,  dcixmeN,  M 
■funlnir*  Monurt  Mu«9rt>lein  Oota'  ibgta 
mac,  «tt|Ham<tercpui  iitMu,  ronicw,  «l  <dv- 
llil»la«utidqHiviiTe,  -A  pvr  nuKdManetsS- 
TMf  LiKHitiaiiVita,  Hcnptinnem,  et  alit<  de- 
claniwicnt  ul'  «ii»  pnlpw«ill^  et  inteutioties,  ac 
cLiwutiDu  Hcirnuai  ct  NatiunHui  Papnet  ly- 
ruiuii'ii!  Nita- tiulfniMioni  «n)nicere,  etatawa 
at  lueralitfttM.  I'rolciilMtl'  nubilil'  Uum'  Itrgia 
MilMe*«(int'  atat  paitin,  ac  «n^«reet  Nstitmre 
AibbMiaM,lU'Minit«ria,<ital>CoBi(»t<«t  Hade- 


I  suppren'  finawal. 


in  Hutu'  lii  i;;^  niinu  ct  cubfUtii  bun  per  t^gst 
«^t  Sutliiiu  Imijus  Itc^i  vtstit'.  ac  ptiam  dotb 
JkliMiAirii  I'll  Hi'onvMiMw  fundareeteriEei'e  M 
•>nn>»  l^'»tl,■&tMlt'  Episcofox^et  ul'  personan 
lic4:l«iiaKliciis  ob  nStnis,  liEiieficii)i,  ct  |>nnBo- 
tionil>'tiui»:ilDor«rect  defirii 
prnMiitani  l>oni<  Regi*  nam 
twin»ii-in  Itdi^ioriem  pxtirparoijora, 
<;i  |>i  i>|iLi>  tr.tea  oTDiiium  protinr'  KubditoT''  Horn' 
Ui-ilK  m-rirrr,  UtfaJn^  jT'i'i'nwitioiiciii  hnjui 
HcciuMilnertpTe,  el  idem  Tytwnuli  anlni  llii~ 
WBaai  ftul^inre.  QuimI^-.  ilte'  Cunsjiiratsna 
VI  MH'iiiii  jmrticipti  ct  L-diitiileratiiris  proditoi-te 
IwliuiwipntetleuuUscutHeparalei  LHHivrnliuueK, 
Bfrn'mUatioDM,  cl  omsiillJiHones,  in  i|iillius 
iNlcr  CHS -naFliinlit'  et  iksi^nl'  fuifismt  ;  i\nm 
mc^lia  iiltreutur,  rt  qna  upriinnie  et  loalrii' 
tncntauaptms' finrnt  ail  iJom-  Itet^in  nUDC 
murilittttil',  et  ud  tunc  et  JUdiiin  il^ltmunn)!- 
■tlil  id  ettiuTC  per  vetlriir',  liwplaniuDrai  (Itix'' 
iflia$'hu)  pertnratlDiicin  (An^l-  i>t/Min/i}ttd 
mYnfuaai'viasetmeAia,  et  I'bdiiissnil  oiiinoni 
ftpnukiuimnm  duailnuilfi'j:'  sepunilil)'  penHniix 
■ul  iil'j|nv\eqiTi-Jul',  acrouilitiiiss^^iit  et  impm- 
tlinxurl  sqinrHles  irDfraliBR  jftnniias  im  ad 
\Viiiil«iir,  Uuliii  Icitia  nbi  Duni' ILei  T^iidchLit 
ud  ipmm  Ijmn'  Ilefcm  imirdrand,  lI  dis- 
tiiu'i'il',  qilK  ipiitli'in  prrsuDic,  pen  ranini 
sliipt*  bilia  niHticra  tt'cwptniewiit,  14  pcr- 
|)rlr4liri)Mtu  (tide  ^usccpU^'nt,  ct  nctrialif 
«t  die'  Iffl-^B  inlfnticRie  el  praposito  ill'  ivis- 
•eul.  Utuwlii;  diit'  Guns|itrBtoT«i  nd  melius 
jienmnlciiil'  pmlitoriuj  huhs  ntacJiinatimeE 
■xnmilllilsHiit  ail  lerand',  ac  pnicurasacnt  el 
Je*asapnt  ^oniinn,  raonetain,  «|Ikk,  nrmu  et 
«tnni  iinitiniieni,  ac  eliaiD  a^iplicHiinncni  feda- 
■i^iil  ail,  et  tnu'tii-sHeLit  et  cin'i^xfinnilissent  cum 
l|aj«i.  «y<»i;iiriliuitlib',  Niiiiciin  e(  Atfaniil)*,  et 
'  listris  et  persHiuB,  tid  levsnd' 
lemeiHH  (An;r'  Su/i/ilica)  hu- 


A  nlitinaiid'  i 


i 


V\*\e,»  (iin 
«plie1l<i>iu!in  CI  tunniltui  intiu  hx   HetiD'  et 
i^eni  invftdere  eum  virib'  fnnnwcii,  tl  depre- 
i  (Atigi'  toittcjuiu)  iteaire  «t  desBucn.' 


l^clir  Mv'simin  ciMMw  {\Uf!t  Sm 
Hiia  {kagi-  Funs)  aHBamcMaria  (Aacf 
-.tMi)  ct  ioct  rnctia  (Angi'  Pl«a  <^St 
infra  hoc  Rep',  aiiper  quitolaiHiiMBi 
liiiiidni  iniawniv'  «ul«da»r*,  liroC.  n 
liberar',  euntlii'^'TMi»«e>,  npimi.  dnai 
vt  al' Ucmrad' miwriv  ct  cuua  iflwiol 


chioaiiomliti*.  ac  DOHiiBatini  t;aaHD 
pro  die'  ncMiiaa  Umr'  Anuda  dt  Wi 
Dmii'  Canoattir'  An(l*,  sImi  Cmi 
dk"  Willieln*  CofDtt'  pByria  ftra  D< 
Anarariitm  Aagl'.  atiam  CnMmiMM' 
Itanoe  Uom*  tMlMia  fara  dooEM 
(Aw!l>  OmnW)  Bd«iNKAi»lata»d', 
na«riuiMi  «c'  WaiielBW  Dom-  h 
lonrni  tneo'  d(K*a  Oanoal,  (Aiq^'  Ia 
GttuTaJ)  die*  irxcwilas  «■  poteitatHn 
i>Mrar|  pro  die  VViltH»«  VicaotniK 
IbreeiqieudiMmn  (Aoc^*  P«yiBMWr|i 
i(liu«.  Q'uiilq;  ia  orditio  «d  aiiioHM 
in  pruw-nitMnc  dMar"  awltnUf  « 
■mm.  ninii)imi<ai*  H  prnditioa*.  H  • 
et  impiitif'iid-  deWKiiawm  (ww^ 
unpoiiajniilidaet  puniliMte  toaaru 


KUus  super  Cuulcsaoinb-ilane  aUulxW 
BDb  cundiliuuc,  nood  ijwi  eftnoelareal  i 
spttalioDMn,  bg  ewn  -eirea  imnsen 
ill'  pnelerit'  lidnnindlnny 


(rtficii  BDL  debif  onfisset  beponl'  ei 
et  inTiiniiuUanes  raiccni'  pnejaf  TO 
ncai  et  rnDJiiraUoiieui,  ic'  eeiwiart* 
cor'  aliipii,  per  adTLSameMuiB,  ir 
cansil'  fi  insliefalianeiu  Te«id'civ'4Mtf 
pmcurasicnt  divtrms  pt-renwu  in  " 
eere,«r  ititHiai  finr£ir  KdmuodUirj 
divenis  dieii'  ea  iuteiiiioDe  tA  tfmt 
draod',  quad  jioMim  per  uoe  peqdMI! 
-torn  fait  (pro  qiiil>'  qiiiiluM  bvnite* 
«t  (liFmsiB  JtnlwrliM  Greii,  Uaiiioail 
LaiimiliiiG  Hill,   fioitca  ailineu  (tit 

Dorunic  KeUtv  et 4.ii[ald,t*J 

fiviEsantjiro  ei.-itui)  ipflst  quml  quiJ  "• 
et  iDtet|ilBin  csilarvr  tinvnt'-  Initi  * 
drain  cuifuitiiin  aliquibus  niiii  piMIt 
cadem  die'  person-  tiiUc  rel*der'  fl 
fiiil,  €!t  prii'stiin  mnntiil',  «t  purtqaiia 
iuveof  fu>t,  dtfiiuKer'  litliiato  lA  lualta 
lutinaeni,  ipind  ijoc  scip&lim  lutintMMi 

liawi,  nd  iielniul*  iit  KiqqiriaMld^  ^ 
■pnTu  iitsc  (If piiaet,  at  oc  sun  fttHK 
et  BftiiwduiKl-  (l.detan«>l>  MiJiM* 


1]     STATE  TRIALS,  34  Chables  II.  iCS^.—ond  the  CUy  of  London.     [l322 


ngendo  io  ulteriori  detectione  conspirationis 
ioojuratiuDis  preedS  ca  etiam  intentions  die* 
mundbury  GoiUrey,  dum  vinui  fuit,  per  eos 
IMTtieipes  et  fautofes  suuv  uiinatus  et  deter- 
u  fuit  in  ejus  prosecutione  inde,  quodq'  de 

*  ulteriori  nialicia  scelerate  machiiiati  I'uUi- 
A  penpiain  pluriraos  sucrcifestiones  impon^ 
pdUtioneiu  et  cuJ(iain  pried*  horridor*  et 
mabil'  criminiiin  super  Pnttftitantes,  ita 
»d  perinde  jpfiimtl  evitareiit  puiiitioiies,  quas 
te  meniisscnt,  et  exiKmereat  Proteslaiites 
.adalo  mafifiio,  et  cos  subjiciarent  prosecutioni 
apprasiuni  in  omnibus  regfuis  ct  patrtis,  ubi 
■am  ttelisrio  reccjita  et  proiessa  t'uit. 
Ndqiie  omnia  ill^  proditionesi,  criniina  et 
nae  pnpmenlionat*  fiier*  marhinaiS  c'om- 
kS  perpetrat',  acta  ct  facia  per  pned*  Wil- 
v*  Coiuiteni  Powis,  WilliMiu*  Vicccoini- 
■  StaHord,  VViUielmum  Dora*  Petre,  Hen- 
BB  Dom*  Arondel  de  Wardor,  et  Jobannem 
Q*  BeUasis,  ac  alios  cnnspiratores  pned* 
itr'  Dora*  Keti^em  nunc,  Coronam  et  Di^i- 

*  suae,  ac  coutr*  Leges  et  Statuta  hujus 
Uni  leciin^  Lcfi^*  ct  consuetiuHnera  ParJia- 
at*  impelit*  fuer*  ac  itide  debite  oneratS  et  in 
iMMia  pned'  ea  occamooe  detent*,  pn»ut  per 
cmH*  et  process*  inde  int*  Uocorda  Pariia- 
9t*  remaaeiit*  plenius  appan^t.  £t  iidcni 
ijflretCouimunitas,  acCives  cUitat^  Iiondon 
niw  dicnnt,  quoil  in  Hession*  pnni*  Partia- 
flti  die*  Doiu<  U«^s  nunc,  afiiui  WcNtin* 
ri*  per  proro^ioB*  tent*  sii]icr  pncdict* 
Mannni  pirinuun  diem  Octi»l»ris,  AniM)  Kctf- 
Acb  UoiBiDi  Kc^is  nunc  tricesinio  secundo 
indicts  in  replicatione  prrd^  uientionat'  ad 
ihiliuM*  eiusdem  hSessionis  1>om*  Rex  nunc, 
:  ■azima  res^U  cura  et  sc«lulitate  sua  pru 
■wiaiinne  Ritlitrionis  Protestan'  et  subditor' 
pnenys  per  Papi^ticas  Conspiratioucs  im- 
wmr^  per  ejus  gratiosam  orutiuu*  aniltob' 
nbus  <9nsidem  Parlianienti  adtunc  et  ibidem 
y  itaHacutS  inter  alia  recominc^ndavit  Horn* 
Camman*  in  Parliamrvito  illo  asscnildat*, 
_fiaiiecpieiid*4iItcriorem  f.x'aininntioneni  Cou- 
■Hion*  pned*  cum  stricta  et  imparliali  inqui- 
Moe,  et  eis  tunc  dixit,  <|uod  ipse  non  putavit 
fnm  Deque  ipsoa  secur^  qiKisipie  muteria 
ipfenarie  pcra^»retur.  Ac  ideo  quod  noccs- 
I*  ftret,  quod  fined*  J)om*  in  pnod*  prisona 
■lii  London  aid  celerem  triution*  siiain  ad* 
Mentur,  quod  Justicia  iieret.  Kt  iiilem 
■jnretCommuuitasac  Cives  civitat*  Iiondon 
Masdicnnt,  quod  iKist^a  in  cadem  Scission* 
vhunenti  utraifuc  Aomiis  PHrliaineiiti  ill  ins 
.posacutiun*  dir«  dinictiun*  Uom*  ]6>i;iK 
l(^m  el  impartialem  iiupiisiiioii*  de  pnixl^ 
■■piratione  feoer*,  et  sufK-r  iiif|uiNitJnn*  ill' 
■Btaver*,  qaod  liiisset  liorribilU  ronKpinitio 
Dl^uratio  per  Papistas  contra  personam  die* 
^^  Si^  «t  liubemntioii<  siiani  qiiir  tunc 
v^Muit;  aeOtinmun*  in  crNii>m  l^rlia- 
^  aasemblai*  ulteriits  decliiravcrnnt,  ipiml 
^inrtio  et  conjuratio  ill<  snpporta'.*  ct  pro- 
■i'  fiUKcnt  per  poteii*  et  irrequict"  mniiniina 
■kaoliiaationra,  iinesertim  duran*  tunc  nii- 
"^  WCflHiib'  I'iarUaineirti  et  |ioiiti«  in  e<id«'in 

ftriimeiiti  Dom^  Stiihtualcs,  'fcin- 


poraIe>  ac  Commnnrs  in  eodem  Parliaments 
asseiublat*,  eorum  huiuilcm  Supplicationeni 
Angl*  Addresi)  ciiicm  Dom*  Jie^i  apud 
Westm*  pned*  tecer*  ct  cxhibucr*,  in  forma  «e- 
queu*,  \ittel*,  Quod  ipsi  Subditi  Hegiaf  sum 
Mtyestatis  obsequentiitiimi  ct  lldelissimi  Dum* 
Spirituales  et  Temporulcs,  ac  Communes  in 
tunc  pr»esenti  Parliamctito  illo  asi^emblat*,  pro^ 
i'unde  seusibiles  existen*  dc  tristi  et  calamitosg 
conditione  hujus  liegiii,  pnecipuo  per  impias  et 
liurrendas  Couspiiatiuucs  Pa^wlis  Factionia 
causat*,  «pis  non  solum  dcbtructionem  Regalia 
Persons  Regis  sua:  Mnjcblatis,  verum  etiam 
totalcm  subversioncm  Cjtibemut*  et  vers  lleli- 
gion*  in  hoc  Regno  Angl*  stabiiit*  conspira- 
vissctet  inteudisset,  ac  invenien*  uasdem  de- 
testaliiles  macbiuati«)nL*s  adtimc  obstinate  per 
can<lcm  Factionem  pi-osccut*,  tarn  forendo  di- 
visiones  iuter  Majestatis  sus  Hdeles  8ubdil* 
Protestan*,  quain  per  omucs  al*  uequissimaf 
niacbinationett,  non  obstan*  (luamplurimis  de- 
tcdionibus  inde  (magna  Dei  misericonlia  et 
jnirdbili  provideutia)  tunc  nuper  in  lucem  pro- 
late qns  Muiuia  tn-menda  judicia  tunc  tui^r* 
super  lioc  Itognuui  iui|>enden*  pro  pluribus  et 
gravibus  suis  |icc(rjtis,  qnam  merit issime  ae 
alit*,  faumuua  ratione  cvitan  nequibant,  quam 
per  lieiiediction*  Dei  pailii'uUrcm  super  cou- 
sultatinnes  et  conamiha  magni  C'oncilii  i(>siUB 
J><mi*  Regis  tunc  in  PuHiauu^nto  assemlilat*, 
in  onmi  huinilitiUc  lle;^ia!  suai  NnjiStali  sup- 
fdicaver*,  quod  per  i^ociamrition*  suam  Kega« 
lem  dies  solempuit^  furet  dedic^t',  in  quo  tarn 
i|Mi  quanv  oniiies  i|Hiins  l>om*  Regis  Subdit* 
|ier  .p:jun'  vt  {n'oces  Dcu  c»inii|M)tcnti  reironci- 
liationem  conarrntur.  Ac  cuui  curdibns  liunii- 
libus  et  |M4ietentibus  euni  iinpluiarent,  (»er  ejus 
putentiam  ct  bonitatein,  ad  jmlicia  ill^  diver- 
tend*,  ct  ad  impia  ronsilia  ot  inai'hiuutioncs  ini- 
miiMniui  suormu  frustnmd*,  ml  conla  tiddium 
Pr<»U>itaut*  Subdir  diet*  Doiii*  Itttgis  miieml*, 
ft  ad  uiis4'ri(H)nliam  sn:i.H  t-t  ilumgelii  sui 
lumen  eidcin  Dii-.niiri  Kr-ijfi  el  dictLs  Sididit^ 
suis,  et  eor*  PosiettUa^  cuniimiand*,  ac  prsci- 
piie  ad  uliunflanti.'>^  beutilii'tiuueji  stuis  super 
saeram  Mnjcstateni  ipMiis  Dnni'  Rt^is  et  tune 
pnt'son*  Parliameut'  in^keiK!t-ud<,  quod  consul- 
tatioiies  ct  cunamiiia  eor,  b<inorem,  incf>lumi- 
tirteiti,  et  pros])eritut(Mii  Jtt'giu;  sute  Majchiati 
ac  Popiilo  sno  jiroducerciit ;  et  8U|)vriiMle 
liictus  ]>oniinus  Rex  iium*  duran^  dirt:i  Scmu* 
one  Purliair.cnti,  s<'ili<'('t  si'ciuulo  dii.*  Dccrni* 
bris  aniM>  Rcgni  sui  trict^iiiio  siN'undo  supra* 
<lict»,  jter  prfichimatiomm  snani  UcgaU-m  sub 
ina*rno  Kti^illo  suo  Anirh  sigillat'  g4T«ii*  dat* 
apud  W  rstui*  I'i^lcni  die  et  uunu,  n.'«'itaudo, 
quod  en n I  Dom*  Spirit tia>os  v\  'r«'m|M)rales  ac 
C Communes  in  l^)rli;uiiento  ilhi  aNscnildat^  iper 
c«)r' Supplication*  (Aiiiifl*  Addrrvs)  t-id^^m  lio- 
niiim  Regi  exhibit*,  ni»tiini  ci  fi'cissent,  quod 
ipKi  pro  fundi'  Kon><ilMlcs  fner*  de  tristi  et  <iil:i- 
niitosa  oiHMiition4>  Inijiis  Rt*gni  i^t  inqnas  ct 
liorruidas  C'i»nspir.:tioneH  Papal Ls  Fact i* mis 
niiisiif',  qiLc  n«Hi  siiKim  destructitHioni  Ri*«,cdis 
Poisume  Regia*  suie  Majestatis,  ««M'niu  riimu 
total'  stdiven«i(mem  fjuliemat*  I't  wix  Hv\i- 
gionia  apod  ipsuin  Hegem  et  SSubditos  snm 


Domino  Regi  humillime  supplicnsaent,  quod 
dies  maxiiue  soleuipnit*  foret  dedicate  in  quo 
Rex  ipsemet  et  omnes  Subditi  sui  fideles  per 
jejunium  et  p'reces  Deo  oinnipotenti  reconciUa- 
tionem  conarentur,  ac  cum  cordibus  humilibus 
ct  pa'nitentibus  eum  iiiiplorarcnt,  per  ejus  po- 
tentiam  et  booitatem  ad  judicia  ilia  divertend', 
rt  ad  impia  consilia  et  roach inationc-Ji  inimico- 
rum  ipsitis  Doni*  Rosin  et  Hict*  Subdit*  suor' 
ihistrand',  ac  corda  tidelium  Protestan'  Subdit* 
dict^  Dom'  Regis  uniendS  ct  misericordiam 
suani  ct  Evang^lii  sui  lumen  eidem  Domino 
Ilcgri  et  dictis  8ubdit'  suin  et  eor*  Postoritat' 
continuand%  ac  praecipuc  ad  abundantcs  bene- 
dictiones  suas  super  ipsum  Dom*  K(*^ein  ct 
tunc  pnesen*  parlianienl^  im])en:biidS  (piod 
consultation es  et  ct>namina  cor*  honorcm,  in- 
colnmilatrni,  ct  prosperitatem  dicto  Domino 
Kof^i  ac  |)opulo  suo  producerent,  idem  Domi- 
niis  Rex  tul  illam  cor*  humilem  requisitioncm 
promptissime  inrlinavit,  ac  per  illam  ejus  Re- 
cent Proclamatioa'  mandavit  generale  et 
l>ublicuni  J^unium  per  totum  hoc  Rectum 
obscrrari,  in  tali  modo  quali  poslea  per  eandem 
Prodamationem  fuit  direct*  et  prn^script*,  ita 
quod  tam  idem  Dominus  Rex,  quam  populus 
nuns  preces  ct  supplicationes  suas  Deo  omni- 
potciiti  emitterent  ad  et  pro  propositis  prxdS 
ac  ca  intentiooc,  quod  tam  Religi4»5ium  £xer- 
cttium  ad  unum  et  idctn  tempus  pertbrmaretur 
dictus  Domhius  Rex  per  Proclamation'  ill* 
publicavit  et  declaruvit  omnibus  Subditis  suis 
aniantibiis,   ac  stricte  prdecepit  et  mandavit, 

auotl  die  Mercurii  exist  en*  viccsimo  secundo 
io  Decembris  tunc  instan*  jejunium  ill*  reli- 
giose observat'  et  celebrat*  foret  per  R^num 
Buum   Anfifl*,    Dominium   Walliz,  et  Villam 

Rpru'ic.i  Kiiiirr  Tu'Cflnin.  rt  nt  ifit^in  mm  nmii} 


Londou  tunc  existen*,  sicut  p 
lietit*,  et  statim  incipcrecam 
comite  Stafford,  ac  uotitiam  inde 
alimenti  illius  tunc  dcder*,  et  i 
ad  convcnien*  diem  pro  triat 
Vicecomitis  Stiiffbrd  apponctuA] 
inde  prxd*  Vicecomes  Stafford 
ditionibus  ct  proditoriis  conspirati 
jurotiunibus  prspfl*,  unde  ipse, 
im|ictit*  i'uit  per  Doniinns  Tcmp< 
parliameoto  conrent*  ad  prosecut 
nujus  repii  in  parliamento  illo  i 
eadem  sc^ssione  |)arliamenti  trta 
debita  juris  forma  attinct*  fuit,  pi^ 
ct  process*  iudc  inter  recorda  p 
manent  plenius  apfiaret,  poslea 
fwssione  imriiamcnti  Willielmns 
tunc  Capital*  Justic*  Dom*  Re 
coram  ipso  l^c  tencod*  assi^ 
munes  hujus  re»iii  Ani;l*  in  eode 
assemblat*  coram  mn^atibus 
ejusdem  regni  in  parliamento  ill 
convent*  secundum  legem  el  t 
(larliameiiti  accusal*  ct  iia|M*tit*  fi 
ditionc,  et  aliis  magnis  crirainibii 
turis  (inter  alia)  quod  ipse  did 
Scrags  tunc  existen*  Capital*  Ji 
mini  Regis  coram  ipso  liege  pn 
quit*  conat*  fuissrt  sidirert*  legea 
et  stahilit*  rclisj^on*  hujus  regni 
inde  introducerc  Papiamum  (Ai 
arbitrariam  et  tyrannicam  guben 
tra  legem,  quud  ipse  decuram 
proditoria  etimprolia  verba,  opin 

K raxes,  ct  facta :   Ac  etiam  qw 
orribilis  et  diaboHca  oonspiraftv 
prosecut*  per  Papi^taspromurdn 

itpfrptn  niiitr.    Riihv<M^pndn  Ipoh^ 


STATE  TRIAI^,  34  Ciublbs  II.  l£sa.— tffuf  th$  City  of  London.    [l376 

')  eor*  evidenciam,  et  adimere  cretleti- 
omm,  per  quod,  quantum  in  se  fuit, 
trie  et  nequit*  supprcssiiiset  et  sufTocassit 
ooem  diets  PaiialU  conspirationU* 
ima»et  conspiratores  (ad  procedendo 
lem)  in  uiaguuni  et  inaDitcstum  |>erl- 
sacre  ritsD  dicti  DoiMiui  Ite^s  nunc, 
i  staliila*  gubemation*  et  reli^onis  hujus 
\ng\^f  prout  per  record^  inde  inter  record* 
neut'  reuianeiit*  pleiiius  apparel.  At 
in  eadem  sessione  parliaiuenti,  Doni* 
lal'  et  Temporal^  ac  Communes  in  eod* 
nento  assemblat^  se  declaravcr*  eis  ma- 
esse  quofl  ad  tunc  fuit,  e%  (ter  di versus 
tunc  uit*  elapsS  fuisset  liorrcnda  et  prodi- 
consplratio  et  conjuratio,-  mackinat'  et 
rut*  per  ill*  de  PapaJi.  religione  in  regno 
[lis  pro  trucidatione  (Angl*  massacring) 
r*,  et  subrersion*  religionis  ProtestanS  et 
ic  stabilit*  gubemationis  r^^i  illLus  ;  de 
uidcm  liorreoda,  et  proditoria  conspira- 
et  oomuratione  Richard  us  Power  Comes 
lein  Regno  Hibemis,  adeandem  session* 
aienti  per  Communes  hujus  regni  Angl* 
em  parliamento  asscmblat*  coram  Mae- 
ts  et  proctsiuus  ejusdem  regni  Angl*  m 
mento  illo  convocat*  et  convent*  secun- 
l«nem  et  oonsuetudinem  parliamenti  im- 
fuit,  ac  inde  delute  onerat*.et  prisonse 
Regis  de  le  Gate-house  Westm*  eaoe- 
«  commissus  i  uit,  prout  |ier  record*  intle 
ecorda  parliament*  remancn*  plenius  ap- 
Quodque  tarn  Domin*,  quam  Com- 
.  in  dicto  parliamento  assemblat*  in  eadem 
De  parliamenti  fuer*  pneparantis  billas 
dum  cursum  parliament*  in  leges  inacti- 
pro  przservatione  Domini  Ilegis  nunc, 
wtorum  suorum  Proti^tan*,  contra  pro- 
is  conspirationes  et  conjurationes  prc<li('ta 
a*,  quibus  quidem  separalibus  impetitioui- 
ersus  eundcm  Richardum  Power,  et 
n  Willielm*  Scro^,  ac  predict*  IVillielm* 
t«m  Powis,  Hcnncum  Dominum  Arundel 
ardour,  Willielm*  Dom*  Petre,  ct  Johan- 
)om'  Bellasis,minimedetenninat*,  aceis-^ 
Yillielm*  Cumite  Powis,  Heurico  Douiino 
kl  de  Wardour,  Willielm*  Dom*  Petre, 
ine  Dom*  Bellasis,  ct  Ri(-liardo  Power  in 
I'  Domini  Regis  ex  causis  prxd*,  ut  pr»- 
*,  e\isten*,  idem  parliament*,  suiter  pnud^ 
lum  diem  Januarii,  anno  reqiu  dic^ti  l)6in* 
s  auDC  tricesimo  secundo  supradicto,  pru- 
*  fuit,  prout  prad*  Attorn*  diet*  Dom* 
s  nunc  generalis  superius  indu  alU^vit, 
iliaua  triatione  dictur*  Willitlm*  Coinit* 
t,  Henric*  Dom*  Ariiiidcl  de  IVardour, 
dm*  Dom*  Petre,  Julian*  Dom*  liellusis, 
dm*  Scroffs,  et  Richard*  Power,  sen 
D  alicujus,  de  altis  prodition*,  et  al*  privmis- 
nde  ipsi  respective,  ut  pro^lertur,  inijietit 
,  tc  qui  alitcr  quam  in  pailiaint  nt*  inde 
non  |)atuer*^  fact*  sive  habit*,  ac  anteijuam 
QKxh  billae  m  leges  iuactitat*  fupr* :  Qua 
no  oratio  dicti  Dom*  Regis,  ac  declarati- 
st  processus  Dom*  et  ('ouiniun*  piirlia- 
i  ittiusdunui*  dicta  Sf-SMone  pjiisdeui  par- 
Dt*,  ut  pnefcgtur,  fact',  ante  Modern  pro- 


quidem  pricmissor*,  civcs  ct  inbabitaji*  prsd^ 
civilatis  London*  tidcles    subdit*  dicti   Dom^ 


iU^is  uuno  existen*  inaxime  perterriti,  ct  in 
aiiimis  afTccti,  ac  cjuam  jilurimum  ioquietat- 
fuer*  profundo  sensu  et  apprcbensione  maguor- 
perieului**  persoiue  Dom*  Regis  nunc,  et  gubcr- 
nationi  sus  luiyus  regni,  ac  religioni  Prutestan*, 
et  professoribus  eiiisdem,  occasione  conspira- 
tion* pr«d*  impeuden*  et  immincn*,  non  aliter 
(prout  per  Dom*  Spirituales  et  Temporales,  ae 
Communes  in  dicto  parliamento  asscmblat%  ia 
supplicatione  sua  pried*,  per  Dom*  Resrem  ia 
pruclamat*  |)raed*,  ut  priefert*,  pubUcat*  amrmat*) 
numaua  ration*  evitand*,  quam  per  benedicti- 
ouem  Dei  particularcm  super  cousultationes  et 
conamina  ejusdem  parliamenti,  quidam  cives  et 
inliabitantes  ejusdem  civitates,  nomine  civium  eC 
inhabitantiuni  diet*  civitatis,  ante  petitionem 
inde  in  praedicto  placito  prail*  Attorn*  general^ 
superius  replicando  placitat*  spec*  fact*  sou 
fieri  ordinat*,  soil*,  pnud*  decimo  tertio  i\m 
Januarii,  anno  regni  diet*  Dom*  Regis  nunc  tri- 
cesimo secundo  supradict*,  Patient*  W^ard  Mil*, 
tunc  Majuri  civitatis  London,  et  Alderman^ 
diet*  civitatis,  ac  Communiariis  sive  Civib*  de 
Com*  Concilia  ejusdem  civitatis,  in  Com* 
muni  Concitio  adtur;c  in  predicta  camera 
(iuildhall  ejusdem  civitatis,  m  parochia  sancti 
Mielmelis  Hassishaw  pra;d*,  secundum  cousue- 
tudinem  diets  civitatis  assemblat*,  exhibuer* 
quandam  |)etitionem  continen*,  quod  ipsi  cive» 
et  inhabitan*  ciWtat*  London,  profunde  sen- 
sibles  existen*  de  tnalis  et  exitiis  super  banc 
nationem  in  genemli,  ao  ill*  civitatcrn  London 
in  particulari  penden*,  in  resiiect*  pcriculi  per- 
sona Dom*  Ri'gis  nunc,  religion*  l*roti»stan*,  et 
bene  stabilit*  gubemation*  sua;,  per  eontinuat*, 
infernales,  et  diabulicas  machinationes  PapLstar*, 
et  alior*  'adhierentium  saor*,  ac  scientea 
nuUam    viam    (sub   Deo)    tam  effectual*  ad 

{irxserrand*  Dom*  Rcgem,  ac  cives  ct  in- 
labitau*  ill*  ab  extrema  rutna,  et  destructinne 
ininat*,  quam  |)er  celerem  sessionem  tuna 
pncseiitis  parliamen*,  cujus  inopina  prorogatio 
magnofierc  addidit  et  augebat  jiistos  timores  et 
Ruspicioues  unimor*  dictor*  petitionarior* ;  ipsi 
iidcui  petltores  obsecraver'  eidem  Com*  Con- 
cilio,  sic  nt  jirsufortur  assemblat*,  a'l  infnnnand^ 
Re«,'iani  Majestatem  de  ill*  cor*  tiinoribus  ei 
apprelionsionibus,  ac  quod  fuit  liumilo  et  fer- 
veos  dej»ideriiuu,  tam  cor*  petitior*,  quam  ipsor* 
Muj  •rJH  et  AMinnannnr*,  ac  Comnmniar*  de 
I'OUi*  Coiicilio  iihk,  quod  Regijc  sua  Majestati 
piacerct,  \,Tn  tctuli  frustratione  impior*  ct  san« 
guinolentfir*  pntpusitur*  iniinicor*  suor*,  ad  per* 
tnittend*  i!l*  tunc  pra^sens  parliamentuin,  quod 
ex  lit  it  prnrf;^ut*  u.squc  vieesimuiu  diem  tun^ 
instim*  Jaiuiurii,  adtuiie  assemlflare,  et  scdend* 
continuare,  quousque  effectualit*  socurarct  hoa 
ri'gnuiii  contra  Papism*,  ac  reforaiarrt  (Angl* 
nJiiyiU'd)  multiplicia  gravamina,  sub  quilnif 
tunc  jL^eniuit,  et  pro  imnicdiata  secnritate  sua, 
quud  iidem  Major  ct  Alderraau*,  ac  ComroU'- 
iiiarii  d«  Cou'  Cuiualio  iU*,  oiUiuarttttt  quod« 


iMOore  Miles,  U II Ueliiius  fntchanl  Miles,  Men- 
ricus  Tulse  Miles,  Jacobiis  SSmtth  Miles,  Tlo- 
bertus  Jeffrey  Miles,  Johannes  Shorter  Miles, 
Tliomas  Gould  Miles,  Ciiuliclnius  Uawstenie 
Miles,  Thomas  Keckfunl  Miles,  Johannes 
Chapman  Miles,  Simon  Lewis  Miles,  TJioinas 
Filkmgton  Arm*,  et  HfMirieiis  ConiLsh  Ann*, 
ac  Oommnniarii  sen  <.'ives  de  Com*  Concilio 
diet*  ci\itatis,  in  Coin*  C'oncilio  suo  inini  ean- 
dem  civitatcni,  sell*,  in  prxd*  camera  Guilii- 
hail  civitiitis  illiiis  ad  tunc  secund*  consuetu- 
tfincm  diet*  ciritatis  nsscmblat*,  Tota  et  sufTra- 
gia  sua,  ex  animis  Dour  Recfi  perfidelib*,  et 
pro  satisfhctioii*  civium  et  inhahitan*  ejnsdcni 
I'ivitAt*,  qai  petit ioiiMn  eis  in  forma  praed*  exhi- 
bnisscnt,  pro  r.!!vn  .iliriie  timoris  et  apprehen- 
cionis,  rt  inmiir'.M-.'lTiis  illcir*,  ac  ea  iiitentlone, 
quantiirii  in  se  J'liit,  pro  pra:ser> atione  ]>eTsonfe 
l)oi:i'  Keo;is  nime,  et  p^iibernation*  sn»  hujiis 
regni  An«rl»,  ct  rili^j^ionis  Proteslan*,  dedcr*, 
nc  nemine  contradirviite  agrcaver  ct  onlina- 
ver*,  quod  qiuvdani  petitio  suh  nomine  ipsor* 
Majoris,  Alflemian*,  ct  Commun*  dvitatis 
Ijondon  in  Comniuiii  Coiicilio  asscmblat*,  dieto 
I>omino  Rcicci  nunc  exhihita  f«)ret;  cujus  qui- 
dem  pctitionis  ten<ir  se<piitur  in  his  An;^li(;anis 
▼erbis,  videlicet,  *  To  the  kini»''s  most  excel - 
'  lent  mnjesty  :  'I'he  humble  Vetition  of  the 
'  lord  mavor^  aldennen,  and  connnons  of  tlir 

*  citv  oi'  iiondrm  in  common  council  as-vomblcd, 
'  most  humblv  sheweih.  That  your  majesty's 

<  ^n;at  coimLil  in  parliament,  fiavinnf  in  tlieir 

*  uite  session,  in  pui'suanoe  of  }  our  majesty's 

*  dinnilioii,  entered  upon  a  strict  and  impartial 

<  inquiry  into  the  honid  and  execrable  Popish 
«  Plot,  which  hath  hi^cn  fur  scvenil  years  last 

<  past,  and  still  is  carried  on,  tor  thedt^nic- 

» tion  of  vour  majt^tv^s  sacretl  person  and  ct)-  | 


inents  a^amst  sev^*rai  oinLT  jufli 
misdemeaiiom,  your  pctitionei 
the  continual  hazards  to  vrhic 
life,  and  the  I'rotestant  relii 
peace  of  the  kingdom  arc  cxpd 
no|N!s  of  a  Popish  suceessjrgii 
and  encouragement  to  the  c 
tlieir  wicked  designs:  and  co 
tlie  diiNpiiet  and  dreadful  ap] 
your  iifood  subjects,  by  reason 
ries  and  mischiefs  which  tbn-al 
{mils,  tts  well  from  forei^  p<i 
the  conspiracies  witliin  yonr 
doms,  apiinst  which  no  sufficie 
be  prm  ided  but  by  your  maj( 
parliament ;  were  extremely  si 
late  prorogation,  whereby  the 
the  public  justice  of  the  king 
making  the  provisions  necessn 
sen'ntion  of  your  majesty,  am 
tant  sulv|ects,  have  received  at 
And  they  are  the  more  afTerta! 
ri>ason  of  the  expcnence  thc\ 
the  great  progress  wliicJi  lli 
conspirators  have  formerly  i 
designs,  diuing  the  late  fceqw 
imrliument ;  but  tliat  whii^h  \ 
ag;iinst  despair  is,  the  hopes 
fn>m  your  majesty's  goodiicsi, 
tcntif  HI  was  and  does  cnntinuc  1 
gntion  to  make  way  for  your  \ 
reiicc  with  the  counsels  of  yo 
And  y<nir  fM'titioners  huuiUy  h 
majesty  will  not  take  offence  I 
jects  are  thus  xealouR,  and  eve 
the  least  delay  of  the  loug-lio 
rity,  whilst  tfiey  see  yoaf  pre 
vaiU^,   the  true  relijnon  nmic 


I]     STAT£  TRIALS,  34  Charles  IT.  1682— «nif  the  CUy  of  London.    [I33b 

ot  Couimunitat'  ac  Cmum  cintat'  Loudou,  ac 
per  idem  noroen  plai^itarc  et  iuiplacitari,  re- 
F]H)n(lere  ac;  re5)|»oiideri,  per  ipsos  aiiperiui,  ut 
prmfurtur)  (riaiiiat*  forisfecer*,  ac,  iit  prius,  pet' 
.|udiciuin,  ci  qiitMi  libertatS  privile}^,  etirancbis* 
ill*  eis  et  nucccssuribua  Buiv  in  perpetuum  dein- 
ceps  allocentur  et  adjudicentur^  ac  quod  ipsi, 
quoad  prcroiifs'  UIS  ab  bac  cur<  dimittantUTy 


ions  nav  presume  to  oiTer :  they  do  there- 
moat  liumUy  pray,  that  yuur  majesty 
be  grackmi ly  pleased  (ns  the  only  means 
uiet  the  minds,  and  extiiifpiish  the  fearaof 
r  Pktiteatant  people,  ami  prevent  the  imi- 
t  dai^pen  which  threaten  your  majefirty's 


rdoms,  and  particularly  this  vour  jcpreat 
9  which  hath  already  so  deeply  suffered 
hit  KUBe)  to  Dermit  your  said  parliament 
t  from  tne  day  to  which  tlr^y  arc  pro- 
led,  mtil  by  their  counsels  and  eudea- 
m  thoM  good  remeilies  shall  be  pruvideil, 
those  just  ends  attained,  upon  which  the 
fey  of  your  nuijesty's  jicrson,  the  |»reser- 
in  of  the  Protestant  reh^on,  tlie  |)eace  and 
icment  of  your  kin^oms,  and  the  welfare 
bis  your  ancient  city,  do  so  absolutely' 
sod ;  for  the  pursuinji^  and  obtaininf;^  of 
dh  good  effects,  your  jietitimiers  upani- 
Lslv    do  offer    their   hves   and   estates, 

sbaH   erer   ptay,'    &c.    Ac  adtunc  et 

B  ulterias  agreavcr'  et  ordinaFer',  quod 

»    His    post   pnesentation*    inde   eidem 

Regi,  impressa  furet  per  talem  perso- 

■4|aal*  dictus  tone  Major  civitat*  London 

appimctuaret ;,  quie  quidem  petitio  sic 
Bpnmi  ordinate  ea  intentione,  quod  pob- 
» nlsor*  et  nimor'  et  relation'  de  et  con- 
D*  pred*  petition'  dicto  Domino  JRegi  ex- 
entaretur,  inimici  Domini  Regis,  etcon- 
«RS  pned%  a  procedendo  in  conspiratione 
med'  deterrerentur,  perturbationes,  quas 
ft  fideies  subditi  dicti  Domini  Re^^s  nunc 
imts  suis  ex  causis  pr^dictis  couccpissent, 
■rentur,  et  ciyes  vl  inliahitan*  efusdem 
1^  melius  scircnt  quid  lUctum  fuisset  in 
Communi  ConcDio  do  materia  in  petitione 

eidem  Communi  Concilio,  ut  prscfertur, 
it*  contents  Quodque  prsed'  petitiodicto 
'  Re^  sic  pnesentaria  gr^t',  postea  (scilS 

decmoo  tertio  die  Januarii,  annotricesiroo 
ido  supradicto)  eidem  Dom'  Resi  humil- 
praesentaf  fuit,  videlicet,  apud  JLondon 
,  in  praedicta  parochia  sancti  Micfaaolis 
ihaw,  ac  postea  (scilS  decimo  nuinto  die 
m  mensis  Januarii)  per  Samuelem  Roy- 
qiiem  dictus  Patient'  Wanl  tunc  Major 
t'  London  ad  inde  appunctuavit,  impressa 
ixta  ordinem  prved'  i\\  ca  parte  iacf ,  vide- 
apud  London  prted^  in  parochia  pncdict* ; 
[mdcm  petitio,  et  imprc^itio  inde  in  foi-ma 
et',et  eaex  causa  pned^ facts  suntesedeni 
>  et  impressio,  ct  publicatio  inde  in  pro^d* 
0  pned'  Attorn'  Generalis  suiierius  re^iU- 
•  piacital'  spec' :  Absque  hoc,  quod  aliqua 
» de  yel  concemen'  prorogation'  pariia- 
prcd'fact',  ordinat',  puhlicat',  sen  im- 
fuit,  alit'  vel  alio  mo«1o,  quam  iidem 
'  etCommunitas,  ac  Cires  civitat'  London 
ins  allegarer',  prout  idem  Attorn'  Gener- 
«  dido  I>omino  Rcge  superius  suppon'  ; 
R  similiter  parat'  sunt  \erifioarc.  Undo 
-Major  et  CJommunitas,  ac  Cives  ciritat* 
m  Don  intendnnt,  quo<i  \i^\  per  aliqua 
igmt'  prod'  libertat'  privilege  et  franchis' 
BseipstBvnam  corpus  corporat'  etpoliti- 
n  re,  fiujtOy  etMOUBe,  p«r  iMNnonMajoris 

L.  VUI, 


Kt  quoad  exit' int' Dom*  Regcm,et  Major' 
et  Coinmunitat',  ac  Cires  civiuf  London  su- 
perius iu  fonna  pned' junct',  idem  Attorn'  diot« 
Dom'  Re^is  nunc  general'  dicit'  quod  M^or  et 
Coniraunitas,  ac  Cives  civitat'  Iiondon  pned', 
sunt  partes  Defendentes,  vers'  quus  idem 
Attorn'  dicti  Doiu'  Regis  nunc  general'  prose- 
out'  est  information'  pned',  et  ea  de  causa  pet' 
breve  Vicecom'  Uertf.  (exirt^n'  Com*  civit' 
pned'  prox'  ailjacen')  diri^d'  de  Venire  fiwi* 


Com'  Heitf.  prox'  a<^acen'  civit'  London  (irnd'* 
Et  quiaprffid'  Major  et  Communitas  a«;  Gives 
ciritat'  pned'  hoc  non  dedicunt,  ideo  precept' 
est  Vic'  com'  Hcrtf.  pnrd'  quod  Vejiire  fac* 
coram  Dom'  liege  a  pned'  die  sancti  Miohaeli:* 
in  tres  septiman'  ubicunq;  &c.  duodecim,  &c« 
de  vicineto  prvd',  per  quos,  &c.  et  aui,  &c. 
ad  recogn',  '&c.  quia  tam,  &c.  Idem  uies  dat* 
esttam  pnctiU'  Roberto  Saver  Miles,  quisfe- 
qiiitur,  fxc,  quam  pnediot'  Majori  et  Commu- 
nimt',  ac  Civibus  civitat'  Lomion  predict',  &c« 
£t  proed'  Attorn'  dicti  Dom'  Re^s  nunc  ge- 
neral', quoad  placitum  prefat'  Major*  et  Oidi- 
munitat'  ac  <5ivium  civitat'  London  proed'  sa« 
perius  rejungendo'  placitat',  pet'  inde  diem  in- 
terloquendi  coram  dicto  Dom'  Rege,  a  die 
sancti  Blichaelis  in  tres  septiman'  ubicunq; 
&c.  et  ci  conceditur,  &c.  idem  dies  dat'  est 
prsefat'  Majori  et  Communitat,  ac  Civibus  civit* 
London  prH>d',  &c.  ad  quas  quidem  tresscptiln* 
sancti  Micbaelis  coram  dicto  Dom'  Rege  apuci 
Westm'  venit  tam  prspfiit'  Robcrtus  Sawyer 
Miles,  qui  scquitur,  &c.  ^am  prsed' Miyoret 
Communitas,  ac  Gives  civitat'  London  piuHl' 
per  Attorn'  suum  pned'  Et  pned'  ViC  com* 
llertf.  non  niisit  inde  breve,  ideo  sicot  alia^ 
pnecejit'  est  Vic'  com'  Hertf.  pnul',  quod  ve- 
nire nic'  coram  dicto  Dom'  Kege  in  octab' 
sancti  Hilar'  ubicunque,  fkc,  duoilei'im,  &c.  de 
vicineto  de  villa  Hertf.  pned',  &c.  |>er  quos, 
•^c.  et  qui,  &c.  ad  reoogn',  <Sfc.  quia  tam^ 
(Hec.  idem  dat'  est  tam  pral'at'  Rol>ertt>  Howver 
Militi,  qui  sequitur,  ^c.  qnaiu  prodic*  Majori 
ct  Communitat',  ac  Civibus  civitat'  Lomloni 
\c. 

Et  pned'  Attorn'  diet'  Dom'  Re^ns  nunc  {ge- 
neral', qui,  &c.  quoad  placitum  ipHoram  Major' 
et  Communitat',  ac  Civium  civitat*  pnra', 
quoad  confcetinnem  et  publicationem  legis  pn» 
levatione  denariorum  de  persuitis  ad  pulilira 
mercata  infra  cintat'  prcpd'  ten^  cuiu  victuali- 
bus  et  provisiouibus  iludom  vetulend'  accedcn*, 
ac  exact ionein  i^t  }<'Tati<»iieni,  hujusiiKNii  denar* 
superius  fieri  supiMisit'  [»cr  ip*«oH  !llaj<Hrcm  et 
Gonimunit',  ac   CIvos,    superius  njuugeodo 

4Q 


1331]  STATE  TRIALS,  3*  Cmabi.b»  11.  ifiSC— PrwrtrfJ-g.Jriirwirtfttiglil 

plscittl' .  pro  eodem  Dora' lUffe  nuDC  iiHat,quwl 

per  Buiiia  \tet  ipstn  •iipcrhu  inile  alleg&f  li- 

lertnr,   pri*il<^,  el  t'nm  hii'  Hire  Je   «eii»f< 

nnum  cirpus  cor[inrw  ei  |io!ltii'uin  In  re,  f*ctii, 

M  rmniine.  pi-r  nmneii  MajuriB  tt  Communiiat', 

ftc  Cifiuni  cit  ital'  Londun,  sc  per  iileni  Dnmeii 

sUchaK  et  impluitsTi,  rcspotidefeiH^  rn-poa- 

oeri  pt  iptos  auperiux,  ut  |inEtertur,  clamal, 

eiwlein  Maiori  vt  Comiuumtiil'  sr  C'lvitnis  allo- 

CviBm  debcnl,  quiBprolestando,^iod  ipsi  iinrd' 

Hajnr  rt  Communif ,  >c  Circ*  avitsr  Lundon 

pml'  ili<ciwi>  iv^tirandie  SeplcmliriB,  anno  tiw- 
>|fani>  »exu>  supradicto,  in  repliuatioDi;  {imd* 
'  ~  ntioimt',  necnna  continue  postea,  «t  a 
ipcnvciiju*  eonirar' 


tHhucseisit'ex- 

idem  leinpilM 

Iptibus  0111*  propriin  prnvideninl,  iu;o   pro- 

Bv  uODmcicr'  et  di^uer*  Eont 

ire  Inoa  tilii  hujiinDudi  raeicati 

'eH'uiiq;  oecenM  fuit,  utatlM, 

accommodatiuiies  pro  urraoDis  od  eadeui 

I  Mrrinln  Tenien'  cittn  victualibus  el  pronsiom- 

■•iBIMiUilcin  TendcndSpro  meliori  i»  inagis  con- 

■  Tenifnil'  vendition"  et  expoutiim'  enrundem, 
prout  prxd'  Alajur  el  Comniunitiis,  ac  Cirea 
•Dpiiriui  reinnKencio  all^arer";  proltstandoq; 
«tiaiD,  <|nod  ret'  pned*  per  actum  uvenrdina- 

'  tioii'  prcd',  ut  priKicrtur,  liolfi  onlinat'  jirxd', 
tenqwtc  oonfecikidii  <m!JiutioDis  illiiu,  ei 
cnuw'  hucii«<);  turn  fuer<  ratiouabdej,  npc 
mdhiu^  rntii>nabil*«  enHlunt,  [irrmt  iidi-ni  iSfajur 
•I  Comimiiiiiu-p   ac   Cin'a  stiperius  BiiniliiiT 

■  »lleff»Trrimt.  Fro  placito  taincii  iilcm  At- 
tem'  diet'  Oomin'  R^^ia  nunc  genertdis  dii'it, 
quod  per  qucndRm  acliim  in  parliaiiwiita  diet' 
Dom*  Beg^is  mine  tent'  apnd  WL-stinoiiaiter' 

Ksepandes  jirurogationea,  det'lnio  ijuano  die 
■riurii,  aiino  re^ni  diet'  Doin'  Ite^  niini; 
vtccsimo  Et-cniido  (inter  alia)  iiiaetilat'  fuil,  art 
finem  quinl  apti  i^cninmodi  loci  intra  ilittani 
cinilat'  el  libertat'  ejiisdem,  extraixjnt' et  ap- 
puneliiBt'  forent  pro  rexclifit^ond'  et  ciuto- 
dieod'  nierCBla  anipliori  roTivenientia  quam 
W)teB  rii«r',  >ta  qtiod  prini'ipain  nratz  non 
Ibrcnt  in)|iedit'  (Angl'  pisired)  et  obstruct' 
perindr,  proiit  Botea  con^uet'  fuit,  et  quod 
Heinle  Exmtubium,  Guild-liall^  le  Sesnona 
House  in  U  Old  Daily,  et  commun'  ^nlx  et 
nriaonx  infra  pned'  riritot'  forent  anipliticst'  et 
fct'  majfii  cnmraoda  pro  piiblieis  iisuet  oma- 
tnenl'Ciiilalia'  et  nicliui  seruritaud'  a  pcriculo 
«t  CBSaalitate  conHagralionis,  et  quoiTaliqux 
ooDfenien'  distanlia:,  inlervall'  et  circuitiu 
ftindi  fnrenl  relict'  inter  Re^al'  Excsmbiuni, 
M  alias  domON  icdiiioBnil'  infra  civitat'  pra^', 
quod  FInjiir,  Aiilerinanni,  et  Conimun' ciriiat' 
pr»d'  ill  C'lrninun'  Conciiio  aawmblai*  im- 
pender>-nt  (Ang'  ihuald  and  nU^ht  employ)  et 
per  BPtuiii  prjMl'  aullion'tal'  luer*  impendere 
lalialucu  L-t  portion'  fundi  infra  Civilat'  pra;d< 
et  bbertal'  qdadt-m,  prnut  per  et  cuni  dicti 
"Doui'  Hejfu  niuii!  Bp[iroliBtion'  tunc  fuer', 
ftnls  deoiuiuni  dioui  Martii,  millesinio  sesei 
tAaiiDU  iwsaieeiinjo  nuno,  forent  evtraiHiail' 
■l(iu(Ui->t'    Bec«Miiar'   et  conieuM' 


poblici*  mfTTStia  iUdcm.qnmdiMip 

nnnila,   ainiiiificatirnDe.    rt   «"""'"' 

Krg»1'  Extamlai.  •  t  aliotuBi  Is 

liunal',  et  cujiulSirt  trl  i 

pectiie,  rt  >d  intaitii*',  ■_ 

fndio  daf   foret   prv|«rivtBi',  ct  ■ 

nliijueia  Haturn   mrc    ■-' - 

locu,  (jux  fuinsmt  • 
jiiendS  et  orcupand' 
caloriia,  [ir^rd'  Major, 
inua',  per  ipsM,  vd  alios 
ptituiual'  etaulliorizal',  metartiUcf  i 
cuiu  pmpridar'  et  al'  inlerr^st'  in  lai^ 
in  CBAii  vnluolariz  reciuationu,  titr  da 
tali*  inhalnlitatis.  uie>iDpeilinv>-nl-qull'ii| 
<laiii  al'  aelu  pariianituli  ia  cudeni  iftuif 
(irat',  pro  r»-idilicaii(nie  dnial'  M 
ouper  aniea  ftid',  menliunal'  liuT'^Kiri 
Ineapacitnl'  cujusi-iinq;  iji  prnprirUT  ■% 
al'  ioleresxBl'  m  eisdnn.  ad  tnctaiul'  d  i| 
Bud',  prxd*  Major  el  far"  AlJenoati'  finri 
filer'  per  Bduni  prid'  aiithorijat'  tt  iBfri 
cauave  jur'  fare  irDpanneUal-  la  t^>  ■ 
et  fonaa,  proul  [>er  betum  prwl'  dirctt  A I 

Cnctiiat'  liiil,  ita  quod  null'  dou  jut'  fi^4 
«  impanneUat,  veDirent  et  una  rt  «ll 
tt'orda,  adjudicare  et  BNsidere  qimi'  to 
tinn*,   et    utisfaction'   in   qnibuilibcl 
prvd' forent  adjuilical',  etilar  . 

prictar',  M  aliii  ioterewat'  b  ftindii « IWM 
eUr»pcsit'  capeod'  cl  occopand'  ffatlqit 
wibuB  *e1  pl«pontis,  ut  pnefotut,  b 
linne  <ju»i!cm  aclu5,  SLCundmii  tol'  a 
apwliios  staliis  fl  inlLTCSs-.  El  liilffiiei* 
actital*  fuit,  quod  pro  oiniiiinoilis  a 
que  ab  «t  |iost  primum  diem  Miii, 
Bexcentiainio  et  gcptnagesinio,  et  iDic  K* 
mum  nnnuia  diem  SepienibriR,  ipiitiAa 
auno  l>om'  raillesimo  sesceDtfsimo  1*1*1* 
septimo,  fnrent  importat'  et  aiWiW  io^ 
portum  ciritat'  Lonilou,  seu  iitiunT 
uifra  libertat'  diilat'  pr»i'  supiT 
rivum,  boIuI'  foret  p**  rirnn  inipoau- 
perinde,  sccund'  ralas  poatea  njHiUoa^  (""j 
pro  omnibus  tal'  curbonllius,  qiiil"  ii>i'"fj' 
et  induct' forent  ab  et  post  primunnlie""* 
nuleaimo  wAcentewrao  ft  •emiW™*" 
ante  ticcsimumquartiim  dietnJiinii-™** 
■exeenleiimo  setituRgr«iiiHi  aejiliiii^  ^^'^ 
pmqualibetceldar'  sen  toimaiude'l"*"* 
idlra  iuipositioa',  duodecim  dei!iir*]>oi 
seu  tonna  per  pr«d'  acUini  |«o  re^ 
civitat'  LondoQ  appnnclust'  wiwi  ■  ■  r 
omnibuii  tol'  caiiioniliuG,  qoK  ilirf<*,*1^ 
el  induel'  forent  ab  e(  pwt  prxdirt'  * 
quortiim  dieni  .lunii,  milleamo  «] 
ieiiluagesinioaoptiino.eLantepml'' 
nonum  diem  Scptembrit,  millcaiiiWi 
simo  octiigeaiino  sej^tDio,  soinf  fn^^'ff.r, 
libel  r«ldar'  aivo  toona  inde  lt«  '^^ 
■idem,  vimjre  actus  pri«l',  foreclcoUe^' ^ 


et  Kolut'  in  tali  for 


pro 


Itbet  respectn,  pront  in  et  prr  pB*  r"^  I 
actum  fuit  liinital'  et  appuiicniM'  f'j* 
lione  ft  Ifvatione  delut'  dnodecioi  "'•^  J(. 
teldnr'  sive  lonnacarbouuiD  tiapi>i'''^T» 


15]     STATE  TRIALS,  34  Charlbs  II.  l682.— muf  the  CUy  oj 

al*,  aothoritat^,  directiones,  el  proTision^  in 
par  yntd*  priorem  mctnm  mentionatS  Tel 
9B^  pro  1e?atione  et  ccdlectione  inde: 
Boqiie  quidem  denar*  sic  recipiendS  super 
ipnt*  prcd*  respectifaruiB  impositions  sen 
nn  luterias  de  tempore  in  temnus  forent 
t*  in  reoepta  Camens  civitat'  London,  et 
lie  finvnt  emanat^  et  solut*  secundum  di- 
IfaMm  et  appunctuation*  prsd*  actus  de 
'9  Yioeaimo  secundo  supradicto,  et  non  atitef* ; 
pned*  Camera  civitat<  London  staret  et 
lat^  fbret  cum  toto  resid'  denar*  praed*  ibi- 
I  iolatS  qui  non  sic  emanat*  Ibrentet  solute 
oherius  inactitat*  fuit,  quod  omnes  et  quae- 
i  summa  et  summae  monef ,  quae  le?at* 
tt  super  reception*  separal'  el  respectivarum 
Mbon*  praedS  sire  per  tal*  additional^ 
V  in  casn  concealament*  inde,  prout  per 
fld^  priorem  actum  appunctuat^  fuit,  forc-t 

»a*  et  disposit'  modo  et  forma  sequen* 
)  una  quarta  pars  omnium  denunor',  quae 
9k  post  praed*  primum  dtero  Maii,  niillesimo 
mntesimo  et  septnag^esimo  et  ante  praed* 
laimnm  quartum  diem  Junii,  millesimo  sex- 
Mmo  septuagesimo  septimo,  forent  leva!*, 
Biohibil*  super  reception*  prsed*  imposition*' 
mm  solid*  pro  qualibet  coldTar*  vel  tonna,  car- 
ina, seu  in  casu  concealament*  inde,  ut  prae- 
Iv,  foret  occupat*  et  disposit*  pro  et  erga  sa- 
raoD*  pro  fiindis  extraposit*  et  occupat*  pro 
pfifieatione  stratarum,  confection*  wharfarum 
<oituam,publiGorum  mercatorum  locorum,  et 
poUioorum  usuum,  tam  in  actu  ill*, 
in  actu  prsrecitat*,  mentionat*,  etap- 
t*,  et  quod  una  medietas  omnium  denar*, 
■bet  post  vicesimum  quartum  diem  Junii, 
■UDO  sexcentesimo  septnagcsimo  septimo, 
nt  lerat*  seu  solubil*  super  praed*  imposit* 
Q  aolid*  pro  celdar*  Tel  tunna  carbonum,  de 
pore  in  tempus  foret  occupat*  et  disposit* 
■tttiafactione  pro  fundo  extraposit*,  et  oc- 
tt*,  ut  praefcrtur,  et  tal*  al*  publicis  usibus  et 
Kiwt*,  qual*  in  actu  ill*,  et  in  actu  prsrecitat* 

*  mentionat*  .  et  appunctuat*,  prout  per 
ftem  actum  de  anno  Ticesimo  secundo  su- 
licto  (inter  al*)  plenius  lionet  et  apparet. 
nrted*  Attorn*  did*  Dom*  Regis  nunc  ge- 
^*,  qui,  See,  pro  codem  Dom*  Rege  nunc 
r&ns  dicit,  quod  virtote  actus  illius  iidem 
Orel  Communitas,  ac  Gives  ciTitat*  London 
d%  ante  contectionem  et  publicationem 
B  pned*,  scilicet,  primo  die  Septembris,  anno 
^1  dicti  Dom*  Re^ia  nunc  Ticesimo  sexto  su- 
licto,  apud  London  praed*,  in  parochia  et 
^m  prey*,  habuer*  et  receper*  pro  debito  et 
^igah  pra'd*  de  duobus  solidis  pro  qualibet 
^^r*  sire  tonna  cafbonum  in  civitat*  London 

*  portum  ejusdein  importat*,  indent*  dena- 
ttm  summam  ad  proposita  praed*.  £t  ul- 
^  idem  Attorn*  Dom*  Regis  nunc  general*, 

*  9te.  pro  eodem  Dom*  Hege  nunc  dicit, 
■4  Ifafor  et  Communitas,  ac  Cives  ciTitat* 
^doo,  absque  aliquo  jure,  titulo,  sive  autho- 
t^  quibnscunque,  prcmissis  praed*  non  ob- 
^liMfl,  pned*  die  Jovis,  scilicet,  pruLd*  de- 
^  MtiBio  die  Heptembris,  anno  regni  dicti 
^  Ktgk  nanc  vicesimo  sexto  tapradict*,  in 


[1334 

eorum  Commun*  Concilio  adtunc  tent*  in  earners 
Guildhall  civitat*  London  prcd*,  Tidelicety  ia 
parochia  sancti  Michaelis  Bassishaw  London 
insimul  assemUat*,  fecer*,oondider*,  et  publica- 
ver^  praed*  legem  |ier  ipsqs  de  facto  inactitat*, 
pro  leratione  sepanil*  denar*  summar*  praed*,  de 
omnibus  subditis  ac  liffeisDom*  Rc^snunc, 
tam  liberis  quam  non  Imeris  hominibus  ciyitat* 
praed*,  et  aliis  extraueis  ad  publica  mercat*  in- 
fra civit*  procd*,  tent*  acccden*  cum  Tictual*  et 
provisionibus  suis  ibidem  vendend*,  ac  easdcm 
tieparal*  denar*  suminas,  sub  solo  colore  et 
pnctextu  legis  prxd'  sic  (ler  ipsos,  pro  eorum 
privato  hicro  ct  commodo,  illegaUter  fkct*,  et 
absque  aliquo  alio  jure,  titulo,  sive  atitlioritat^ 
quibuscunque,  per  prsd*  spatium  septem  an- 
norum  post  praed^  decimum  septimum  diem 
Septembris,  anno  Ticesimo  sexto  supradicto 
prox*  sequen*,  etamplius,  apud  London  pned*, 
m  parochia  pived*,  de  omnibus  diet*  Dom*  Regis 
ligieis  et  suUitis  ad  pned*  publica  mercata,  per 
totum  tempus  prsd*,  infra  civiuit*  pred*  tent*, 
cum  Tictual*  et  proTisionibus  ibidem  vendend* 
accedentibus,  exeger*  et  levaver*,  et  exi^  et  le- 
vari feoer%  et  denar*  ill*  ad  eomm  propnos  usus 
converterunt  et  disposuerunt,  in  subversion^ 
boni  reginiinis  ct  gubemation*  civitatis  praed*,  et 
in  magoum  oppression*  et  depauperation*  om- 
nium dicti  Dom*  Regis  nuuc  ligeorum,  ad 
mercata  pne«l*  cum  victualibns  et  proTisionibns 
suis  acceden*  et  vcuien*,  ad  grave  dampnum  et 
nocumentmn  omnium  ligeorum  et  subditonmi 
dicti  Domini  Regis,  in  augmentation*  preciomiD 
omnium  victual*  et  provision*  in  mercata  pned^ 
vendit*,  ac  in  dicti  Domini  Re^  nunc  et  co- 
ronae  suae  Regiae  exhaeretlationem  manifea- 
tam,  ac  contra  fiduc*  in  ipsis,  ut  oorpore  oor- 

{»orat*  et  politic*,  per  Dom*  Regem  ac  leffee 
kujiis  regni  Aogi*  reposit*,  prout  praed*  At- 
torn* diet*  Dom*  Regis  nunc  generalis  pro 
eodem  Dom*  Rege  nuncsuperius  replicando 
allegavit;  absque  hoc,  quod  praed*  Major  et 
Communitas,  ac  Civesinvitatis  London,  a  tem- 
pore cujus  contrar*  memoria  hominum  non  ex- 
igit,  babuer*,  seu  habere  consuever^  tolnet*, 
ratas,  sive  denar*  summas  per  ipsos  Majorem  et 
Communitat*  ac  Cives  civitat*  praed*,  superiua 
supposit*  fore  per  praefat*  legem  sive  ordina- 
tion* praed*  assess*,  et  in  certitudinem  reduct% 
prout  per  placitum  i|iBorum  Maioris  et  Com- 
munitat*, ac  Civium  ciTitat*  London  praed*  su- 
perius  reiungendo  supponitur.  £t  hoc  idem 
Attorn*  Genml*  pro  eodem  Dom*  Rege  nunc 
parat*,  est  verificare ;  unde  et  ex  quo  iidem 
Major  et  Communitas,  ac  CiTes,  Ubertat*,  pri- 
Tileg<  et  franchis*  praed*  fore  de  seipsis  corpus 
corporat*  et  politicum,  ex  causa  praed*  foris* 
fecer*,  idem  Attorn*  General*,  ut  prius,  pro 
eodem  Dom*  Kege  nunc  pet*  judicium,  et  quod 

Eraed*  Major  et  Communitas,  ac  CiTct  ciTitat* 
london  praed*,  de  praemissis  convincantur,  ao 
de  bbertat*,  privileg*  et  franchis*  ill*  ab|udicentur 
et  excludantur,  &c 

Et  quoad  placitum  praefat*  Majoris  et  Com- 
munitat* ac  Civium  civit*  London  pited*  supe- 
rius  rejun^rendo  placitat*,  ouod  rcsid*  prad* 
placiti  pneftat*  Atln*  freacrals  in  assign*  forit- 


t  ejn«  Hubnuorum 


in  et  iiulubJUtl' 
pnrrDgaiiv&ro  L-t  |ii>U»i)iiein  ilicti  Doni'  Rt^gis 
nutir ;  el  peresndcm  prorogalioiiem  proaecutio 
pnbKciB  justStiiB  regni,  et  prseparationis  (Aiig'l' 
Iht  making  Proritioni)  nocvxar'  pro  ui— — '- 
vMion'  did'  I>om'  R(f;u,  et  ejn«  Hubili: 
Froiestiiiitiiim,  noit  I'ciy, 
(Antfl'  Ittlerruption)  proul  per  netilwuem  p>w<i' 
ytr  rota  et  Ruffira^b  praTnt'  MajoriB  et  Cuni- 
mnaitBt',  ic  Cinum  dvitkf  pml*  in  dido 
C«innJuiu  CuocilinasHeuibUt',  nc  ut  prsfertur 
imlinU'  thlse  el  inalitifne  Ulegatur  ;  pm  pU- 
dta  tamcit  idem  Attonk*'  ffcnerol'  pro  eodeni 
t>nni'  1l«^  naac  ilic*,  qixd  plftritiim  privtiit' 
Majiirii  ct  CoDimuoit',  bo  Clyrum  cirital*  Lun- 
ilou  nrieil'iiiijieriusnJDnfireiuluinea  parte  pl«- 
nitAt**,  iiMMnaqite  ia  eoatwn  cnuli^t'  minime 
BuffitJien'  ii»  lege  csiatunt  ail  ipsus  MiijuiMU  »t 
CoiniuuDit',  AcCivesdiilal'ptwd'xlcliuiiWid' 
UberMl',  privUeg',  d  tVondiis'  prad-,  li>re  de 
■Opais  corpui  curpomt'  et  MHilituin  in  Te, 
&rt0,  et  notnuw,  jWr  Qonini  HtyoriH  et  Com- 
•iUD',BcCi*iuuiciTi  London  prK(l',ac  per  idem 
pomen  pladt'  ct  implacit*,  rnp'  el  responderi, 
■ibiBl1octuul>,iieu«<^udii>ikiHl'iniuiuteD'.  Qiiodq; 
ipM  idem  Atlum'  genet'  ad  placitum  ill'  modo 
M  fomM  prnd*  plMitof  pro  Hwietn  Den'  Ueff 
nunc  necPBse  uuO  liabet,  nee  per  k-i!«m  leiTa> 
tvitctitr  iilii|iio  iiiiido  vpHironilcro.  Et  hoc  idem 
AuiH'd'  diet'  ttom'  RefciH  nunc  general'  pro 
eodeiu  Uoni'  Jtpge  nine  parat'  eM  verilicare. 
iliide  pro  defeetii  (iifiideii'  placili  ipsurum 
H^nrii  et  Comiuunilat',  ac  Civium  ciiitat' 
ptxA'  ia  hac  parte,  idem  Altorn'  ilicli  Dam' 
llegis  nunc  geneml'  pro  eoileni  Doni'  lUge 
nuBi?,  at  prius,  pet'  Judidum,  et  quod  prM' 
Major  et  Commuuitoj',  ac  Gives  civitat'  London 
prsd'  de  prenilssia  convineaiitur,etdelibcrtBt', 
pritileg',  et  fnuich'  ill'  ailjiidieenlur  ct  eiidu- 

£l  prsd'  Major  et  ComraunitM,  nc  Ciiea 
cirit*  j)rf  d',  quoad  miiivlion'  in  \ef(e  prsfnt' 
Attom'  die'  Dom'  llei^iH  nnne  genenilis,  quoad 
praA'  pladtutn  ipsor'  Major'  et  Cominunital', 
»c  Civium  civitat'  lioudon  nnperiuH  rejuog^endu 
piaojt'  quod  pncd'  rcaid'  prsd*  plaeiti  die'  Aitom' 
general'  in  a»sigi>'  f'orisliictur',  ul  praaferlur, 
Biipcri«9  rejilioando  plteitat',  ex  quo  tpsi  suffi- 
cien'  fflBtcTiain  in  lege  iu  eod'  pWito  mio  od 
i^oB  Majorem  et  rotnmunitat',  bc  Viw 
cirilBl' liondou  ad  elanioud'  |iml'  libertat'  pri- 
filog',  etlranchi*'  tiire  de  seipais  unum  coipiii 
mr|ionil'  «  puliticiim  in  re,  facto,  cl  nomine, 
fier  Domen  Miyur*  et  CommuBitaf,  uc  Civioiu 
riviuv  Loildoti,  uc  iier  idem  MmeD  plariure  << 
ia||iladtari,  resjiunilcrc  ac  reHKiDderi  per  ipsos 
KUperius  cliunat',  eis  uljoeaaif*  cl  adjudicnad' 
mannteDeud'  sunerias  aHegaver',  quam  ipu 
fiarat'  Bunt  retiboare,  ^iiatn  quid'  mBtertani 
-jiiird' Attom*  die' Dam'  Hrci*>'u<>*^  (^eral', 
ftv  MMjes  Dam'  R«^pe  uom  ifidicit,  nee  ad  mm 


|»5)  STATETKlAL$,34Ci(AHLB9lI,  iSSZ.—PrwtrdittetUhemilhtKa 


ontcnl',  pmtntaiijo,  ^nul  pruri'  BroniKatiD 
well  iNtrlfanieuti  per  pralal'  Dom'  K«ijem  fiiit 


allqiuJil'  mipond'  licd  vi 
anuiina  rcciwut,  iil  priu*,  pel'  jiidia 
(|wnl  tilwrUf,  pttvilci{',  et  ftisdw^ 
siieeeMmrilnM  auie  drincepaallowiKDr 
dieentur,  eiqnod  i|ni.>|iMwl  pmuia 
hac  cur*  iliinitlannu-,  hi. 

Et  quoad  pred-  placil*  pi«d<  Alio 
Rcgia  nunc  i(eaenil>  (ira  ead*  [hr 
iguoad  cmiftrtion'  tt  publiealiMi*  lejii 
vniinncdoDBr-ilv  iHfrM>n>  ad  puUMt 
infra  civil'  pr*d'  I'-'il'  cum  victual-  e 
onibiu  ibidein  venuiid'  atndai',  ac 
etlcvBtioo'  liiyiuniodj  deuwf  Miperiiv 
)iOBil'  BuperiitR  rejiMMeend'  jitadlBt',  iii 
et  flominuBitBs,  ac  Citw  «»ii'  pnB* 
dicunl.  quwl  M^or  ct  C«niniuaila>, 
rW it'  Lundoii  pr«d<  a  tein))or«  eq|» 
inonOT' lioni'  nan  exislit,  babiier', 
coiuiiievcr',  rutiiqudnl*  toluei'  rHUu,  >i' 
iummMdeuii]nibusp>-r»iin' all  mere 
rum  rietual'  itproviuoD'  iiiideoi  t« 
nend'  pro  atidlia,  Ktalioaibus,  ct«l'  nee 
tion'  per  ea»  pro  vendition",  espaiittM 
iDuiIi  ricltial*  vt  pruviwnii'  in  inefGUi  i 
et  de  hoe  mm'  se  raper  pUiiwn. 

Kl  pntd'  UebertiA  Hairyer  Btil',  U 
Dom'  ttegix  nunc  geaatal',  ijuipra  a 
Hetfoio  bne  parte  secpiilin-,  die',  quod 
pned' pralal' Mqor*  el  CommnnitaT,' 
civil*  Loudon  prM'  aitncriua  refwUi 
■  -  leia  eod'wo ■'  — ■ 


— _  .,  legeexioliiiit  ad  ipiwn  Hwv* 
muuitai',  acCiratdrit'  praed'adcb 
LertU',  privileg*,  el  franchb'  ptud' 
seipKut  unum  carptiii  rorpuraf  el  jah 
re,  tiKlo,  el  nomine,  per  nnmea  Mi^ 
munltBl'.ae  Civiiim  rivital'  LoihIou  |i 
per  idinn  imineii  plodlare  et  iinplwiur 
dere  et  reiqionderi  siU  allocand'  leu  >i 
manutennul',  ad  quod  quidem  plii-inM 
fiirina  praul'  plaeitat'  idem  AUnm'  il 
Ketfi*  imuc  generel'  neeesse  nou  h 
per  legem  lerrac  tcnelm'  uliquo  looifa 
derc?  pru  eo'  qtiod  iirieia  Siajor  i:l  Cm 
acCires  dvli' )racd' nou  wJenJer  < 
qutdra  tolnel',  ratas,  aiee  deDBr*  sumni 
SUjor  ct  Cuniinuaius,  ac  (.'itfs  ei"'' 
praed',  a  tem|>ore  cujoB  contrar*  iW 
mjnum  non  exiatil',  habiier*,  nee  ■ 
quud  ip!>i  uni|UBm  habuer'  tolorl',  r 
deuar  sununas  per  ipsits  siipctiut ' 
lore  per  legem  luaui  praed'  fore  rtd*" 
titudmem;  et  hoc  idem  Attorn'  ^ 
Kegis  nuuc  u^neral'  pro  eodcn  Dh 
|ianu'  est'  verificarc  ;  undc  pm  'W' 
tkien'  pUeiti  praed'  in  bac  lart.-,  kW 
die'  Dum'  ifegii  nmic  iftneril'  f 
DumiiH)  liege,  ut  priua,  pel' judiaM 
prniil'  Major  tt  Conimunitas,  ac  Ci« 
London  proed'  de  praemim'  pr»»^' ' 
praed'  conviiicHHtur,  et  ile  lil»sial',  | 
et  t'ran"-hiR' lilt' supradiei'  pcnita»«H 
et  abjudicenlur,  Sec. 

Kt  prted-  M^or  et  CominuailMtJ 
dviint*  London  pr^'  petUDi  bwpa 
interloqueiiil-  enram  Dom'  Rcfa  < 
ociab-  raudi  Udar*,  ubivunque,  ft 


']     STATE  TRIALS^  34  Chakles  II. 

Bdilur.  Lienii  ikifis  iht'  est  prafat*  Attorn* 
Oom^  Beem  nunc  generals  ^c.  Etpnsd^ 
•n«  die*  Dom*  R<^  nunc  general*,  qui 
od*  Horn'  Rege  in  Lac  parte  ttequitur, 
i  plarituin  prsiat*  Mojoris  et  Communi- 
ac  Civium  ciyitat*  Loudon  pniMi%  quoad 
atS  privilege  et  francliis'  prflMlS  per  ij|>so* 
iuH  clamatS  videlicet,  ipsos  habere  Vice- 
civit*  et  com'  civit*  jCouilon,  et  Vicecom' 
MidilS  et  nominare  et  eligtYe  ex  8ci|iSLS 
peraon'  fore  >ic<  civit' uraed',  et  cum* 
leiy  dvit%  et  Vic*  com*  Aiidd*,  ac  ill*  sic 
nat*  eC  elect*  praeficere  et  constituere  Vic* 
praed*,  et  com*  ^usdem  civit*  et  Vic* 
3Iidd*  ac  ut  Vic*  cirit*  praed*,  et 
cjuadem  civit*,  de  execution*  et  re- 
omnium  brevium,  biUanim,  et  praccep- 
Q  Dom*  Regis  pro  administratione  jus- 
infra  civit*  praed*,  et  com*  ejuadem 
exequend*  et  taciend*  quae  ad  officiuui 
faciend*  pertinent,'  et  ad  laciend*  et  exe- 
i*  omnia  et  singula  alia  infra  civit*  praed*, 
m*  ejusdem  civit*  quae  ad  officium  Vic* 
nd*  pertinent,  ac  ut  Vic*  com*  Midd*  pro 
u  cum*  deaervitur,  ac  omnia  breria,  iHlias, 
accept*  Dom*  Regis  infra  com*  Miild* 
I*,  pro  administratibue  et  executione  jiu- 
i  ibidem  exequend*,  et  retom*  inde  iaciend* 
ad  officiiun  Vic*  laciend*  pertinent  supe- 
placitat* ;  necuon  quoad  placitum  praeiat* 
NT*  et  Communitat*4  ac  Civium  civitat* 
ion  praed*,  quoad  libertat*,  privileg*,  et 
:hii'  per  ipeos  superiua  clamat*,  videlicet, 
IT  die*  civitat*,  et  hujusmodi  AUlerman* 
lem  dvitatis,  qui  officium  Majorat*  civit* 
■Btinuer*,  ac  inde  fuer*  dimimu,  ac  trcs 
raian*  senior*  civit*  praed*  qui  diutius  in 
*  Alderman*  civit'  praed*  steter*,  et  onus  et 
inm  Majorat*  civit*  praed*  non  sustinuer*, 
Juttk*  Dom*  Regis  ad  paceni  infra  civit* 
d*  cousctvand*,  ac  ad  session*  pacis  et  pla- 
eoron*,  soUicet,  tal*  placita  coron*,  qual* 
ic*  Dom*  Regis  ad  pacem  conservand*  as- 
'  legitime  tenere  possent  infra  eand*  civitat* 
■d*  ac  ad  omnia  felon*,  riot*,  rout*,  et  con- 
sul* illicit*  infra  civit*  ^iraed*  inquirend*, 
!M*,  etterminand*  suponus  placitat*,  idem 
B*  die*  Dom*  Regis  nunc  general*,  qui  pni 
n  Dom*  Reffc  in  hac  parte  sequitur,  petit 
Us  liuenc*  inolD  inter  el«)quend*  coram  Dom* 
Usque  octab*  sancti  Hilarii,  et  fi  coiure- 
6cc.  Idem  dies  dat*  est  praefat*  ^lajori 
^mmunitat*,  ac  Civibus  civitat*  Loudon 
*9  &c  £t  quoad  materiam  in  lege,  undc 
'*^ed*  Actom*  die  Dom*  Regis  nunc  gene- 
^uam  praed*  MaJ4ir  et  (7oiumunitas,  ac 
civitat'  praed*  (KMuer*  se  in  judic*  our  ; 
Uia  cur*  die*  Dom*  Regis  nunc  bic  dc 
ano  deet  super  pracniissis  reildeud*  non- 
^dvisatur,  dies  mdu  lUt*  t^t  tarn  praefat* 
1^0  Ha^er  Mil*,  Atti»rn*  die*  Dom*  Regis 
Ifenerar,  qui  pro  i*oilem  Dom*  Kt^ge  in 
*rte  sequitur,  quam  pra*'d*  J^lajor*  et  Cum- 
^*,  ac  Civibus  civitut*  London,  \'c.  co- 
l>om*  Rege  in  praed*  octab*  wncti  Hilar*, 
't^ne,  &c.  de  judic*  suo  inde  uudiend*,  «o 
Our*  Dom*  i^ps  hie  iiondimi,  kc. 


1  Gl2ir*Mi{  th§  CUg  ef  Lmdm^     [  1331 

Ad  quam  quidern  octab*  sancta  Hilar*  coram 
Dom*  R(^  ^p^  Weslm*,  ven*  tam  praefia* 
Itobertus  oawyar  Mil*i  qui  sequitur,  <^.  quam 
praed*  Major  et  Commuuitaa,  ac  Cives  civital* 
London  praed*,  per  Attorn*  suum  praed*.  Et 
oraed*  Miyor  et  Communitas,  ac  Cives  civital* 
London  praed*,  ex  quo  ipsi  su£ciea*  materiaar) 
in  lege  in  placito  suo  praed*  superius  repellando 
placitat*  ad  ipsos  Majorem  et  Commuuitat*,  ac 
Cives  civitat*  London  ad  clamand*  libertat*, 
privileg*,  et  franchis*,  tore  de  seipsis  unmi} 
corpus  corporat*  et  politiciim  in  re,  facto,  ei 
nomine,  jier  nomen  Mojoris  ct  Communitat*, 
ac  Civium  civitat*  London,  ac  per  idem  nomeu 
placitare  et  implacitari,  I'espondeve  ac  respon- 
deri  per  ipsos  superius  clamat*,  eis  allocand*  eC 
adjudicaud*  uianuteneud*  superius  ailcguver*, 
quam  ipsi  parat*  sunt  vcrificare ;  quam  <^uidem 
materiam  praed*  Att4>rn*  die*  Dom*  Regis  nunc 
general*  pro  coilem  Dom*  ICege  non  dedic.*,  uec 
ad  earn  aliqualit*  respond*,  scd  vcrificatiou*  ill* 
admittere  oiunino  recusat,  ut  prius,  pet*  judic*, 
et  quod  liliertat*,  privileg*,  et  t'ranc^his*  ill'  eis  ei 
successoribus  suis  in  per|»etuum  deiuccps  allo- 
entur  et  ailjudioentur,  et  quod  ipsi,  quoad 
praemiss*  ill*,  ab  liac  cur*  dimittauUir,  Jkc, 
£t  praed*  Attorn*  die*  Dom*  Regis  nunc  ge- 
neral*, qui  pro  eodem*  Dom*  Rege  in  hac  |iarte 


liatnam 

perius  junct*,  et-  quoaA  libertat*,  privileg*,  at 
franchis*  praed*  per  ipsos  supcrius  clamat*,  vi- 
delicet, i|)sotf  haoere  Vic*  civit*  et  com*  civit* 
London,  et  Vic*  com*  Mid*,  ct  nominare  et 
eligere  ex  seipsis  duas  person*  fore  Vic*  civit* 

Sr^*,  et  Com*  cju!idcm  ci\  it*,  ac  Vio*  com* 
lidd*,  ac  illas  sic  nominat*  et  elect'  praefioere 
ct  constitucrc  Vic*  civit*  praed*  et  com*  ejusdein 
civitat*,  et  Vic*  com*  Midd*  ac  ut  Vic*  civil* 
praed*  et  Cum*  ejusoem  civit*  et  execution^ 
et  retom*  omnium  brevium,  billarum,  et  prae- 
ccptor*  Dom*  Regis  pro  adniinistratioue  jus- 
ticiae  infra  civit*  praed*,  et  com*  ejusdem  civit* 
exequend*,  et  faciend*  quuA)  ad  otficiuiu  Vic* 
faciend*  ]iertinent,  ac  ad  faciend*  ct  exequund* 
oumia  et  singula  al*  infra  civit*  praed*  et  com* 
eJMsdem  civit*,  quae  ad  ofiicium  Vic*  facieud* 
pertinent,  ac  ut  Vic*  com*  Midd*  pro  eodem 
com*  dcservitur*)  ac  onuiia  brevia,  biUas,  et 
praecept*  Dom*  Regis  infra  com*  iVIidd*  praed' 
pro  administratione  et  cxecutiom^justii'tiae  ibi- 
dem exequend*,  et  retorii'  inde  faciend*  quae 
ad  ofhcium  Vic*  faciend*  i»ertinent  iiu|iei'iu> 
plucitat',  ne(Mion  qu<Nl  libertat*,  privileg*,  et 
franchis*  |)er  ipMM  (»u|)erius  clamat*,  videlicet, 
Mujorem  die*  civitat*,  ft  hujusmodi  Alderman* 
ejusdem  civitat*,  qui  ofiicium  Majorat*  civitat* 
illius  sustinuer*,  ac  inde  fuer*  dimissi,  ac  tres 
Alderman*  si^n*  civiiat'  jiraetl*,  qui  diutius  in 
otfi«;io  Aldernip.n*  civit*  pracil*  stcler*,  et  unus 
cl  otfiriuni  ^liijontt'  civit*  praed*  non  susti- 
nuer', ^ivo.  .hisiieiut*  Doiu*  Rt^gis  ail  pai*em 
infra  civit'  prae«i*  conservand*,  ac  u<l  sifsniua* 
pacis  et  idacifa  coron*,  scilicet',  tal*  placita 
coron*,  qual*  Justic*  Dom*  Regis  ad  p;u,vm 
couservaml*  a9:»igu*   legitiiue  tcucro  posseiit 


K«Mi 


19]  STATE  TRIALS,  31  Cbakle*  II.  1 662.-~Proterdi»g»  bttmm  /At  A'uif  [m\ 

mino  Rege  apwl  Westm'  T«n'  ua 
Hoberlus  Sawyer  Mil',  Anorn'  dkf 
Re-^s  niinc  geneml',  igui  pm  nim 
Hege  in  hac  parte  Bequitiir,  qairu 
M^or  el  ComniunitBs,  ac  Ci<h'  unin 

B'T  Aitom'  suuni  pntil'.  a«l  <iui»  n 
uituni  K«eis  nuiii'  liiu  <le  judH-iu  ox 
super  prKmns'  redilend'  nouituja  »d 
iliesinili'  ulterior  (Ut'MlUm  fnvftr 
Sawyer  lUil',  qui  loiTiitur,  4cc.  qiMn , 
Mojori  et  ConiiuunkDl',  oc  Citib-  <na 
London  pi^*  t^im"  Domino  Itr^  incMl 
.Stknctce  Trinhal',  nbicunque,  die.  dtjdi 
sun  KiiiHTintlF  audicud',  &c.  ed  quod  W  I 
mini  Itefps  hie  noiuluni,  Sec.  Ad  qtwd  fiU 
cnAtin*  Soncta'  Trinital', cantu  DddumIi 
apiul'  Wcstni*  *en*  tam  pnrfat'  RobeitMA 
yer  Mil',  AtUim'  Unniini  ite^  uupe  foM 
qui  pro  eodt^m  Uuiiiiitw  lt«|^  io  bn'  pnti 
niiitur,  quani  pMMl'  M»j»r  el  C«maniitlah 
Cives  cii'it'  Louilon  pried'  per  Allan'  ■ 
pned' ;  el  idem  Atlura*  die'  Doraiu  Rigiif 
fodeiH  Uomino  Kei;e  pet'  judw  Knapi 
Sl^or*  et  CommuiHlBt',  »e  Citu  dtit'  urf 
lined'  in  pminis'  TviMetid*,  quoddie'l 
pririh^,  et  trancliif  fi>re  d*  Kipw 
rorpus  corjiorat*  el  (loliiiciim  in  re,  I 
nomine,  per  rmmeD  M^(ori»  #4  C'«nn 
•cCiviumdiitit*  Luwliiii.  ae  p«T idoi 
plscitare  et  ini|ds<ilan,  responded  «t 
dan  per  ipang  tiiprniia  plamar,  cvpiadK 
maous  Domini  Hrf^w  unnr,  flup'  ^W,  pT 

Sxl  videiur  cur'  bie,  qu«d  pm&v  N<i*4 
mmunitas,  kcCi«es«ril>  prnd',  IwiMV 
Uoiiiino  Itegi  uuiie  lil>ert(il',  \inliirg',  ttilB 
chid'  priBiI',  ob  cauws  in  repliuabuoe  pi^ 
Altom'  general'  tiiiperius  speeilirait' ;  quo'f 
pincita  pru^Cal'  ^lajiiris  el  CDinmuaui',  i 
Civium  ciritat' lx>nilun  prsd'  aiDeriiHfqa 
}|^du  et  repellendo  in  ea  parte  pjactlit',  ■ 
teriaqaB  in  eiuleni  eontent',  minus  raffing 
invalids  in  les:e  extslunl  ad  pnecludcnl't 
Jluiii'  Herein  n  tbrisfiwtur'  jirsd'.  «nl  wi  ip 
Sliijorem  et  Coininiinitat',  ac  Cires  ciTir  pi 
ad  elmnand'  libertal',  pritil^,  et  fnM 
pru-'il',  Hihi  allocand'  et  adjudicaad',  man 
iiend-,  niBliimpie  delibcrvtione  BupermdE  |r 

,  pnTileg',  ct  Ita 


iafl*  eandem  oirit'  tencnd',  ac  ad  omnia  felon', 
riot',  rout',  a  c«a*enticul'  illicit'  infra  cirit' 
praed'  iminirend',  audiend',  et  lermiDand'  su- 
perinspladlat'  die',  qtitid  ijise  pro  eodem  Dom' 
RegR  in  ea  parte  ulterius  prosetjui  non  tuIi 
vcmu  praefat*  MBJerem  et  Communital',  uc 
Ciras  civilaf  London  pnied'. 

Ideo  cona'qiiudprxtal'iHiyoi'et  Conun  unitas, 
ac  Cirea ci«itBt<  LomloiipnMt',quottd  exit'  int* 
pned'  Dom'  Ilegeui,  et  pncfiit'  M^oran  et 
Comma nitat',  ac  Civea  ciriuit'  London  prsed', 
perpetrtamlriand'  Biiperius  jun«';  el  quoad 
lilierl&t',  privilcg',  ei  Onnctds'  prjid'  per  ijisos 
■npetinselamat*,  videlicet',  ipsa*  habere  Viee- 
eom'  civil'  et  com'  cifil'  Ijiniloa,  et  Vic'  com' 
Hidd',  et  noniinare  el  eligere  ex  Ecijisis  duos 
peiaonas  fore  Vic*  fivit'  pi^'  et  coin'  ejusdem 
civil*,  et  Vic  com'  Hidd',  ac  ill'  mc  nominat' 
et  elect'  przBcere  ct  constituere  Vic'  civit' 
pned*  et  mm'  ejusdc^m  eivit',  et  Vic'  Aim' 
Uidd',  ac,  ul  Vic'  corn'  civil'  pried'  et  com' 
^ludem.ad  execution' et  rclum' omiiiom  bre- 
vmm,  billiiiuin,  et  praioeplor'  D«m'  Regis  pro 
mdministi'atione  jiisiitic  infra  riiit'  jin^'  el 
com'    ejusdi^ni   ciiit',  exequend'  et  fnciend' 

!|ue  ad  otBciiim  Vic'  facieud'  pertinent,  ac  ad 
aciaid'  eteieqaend'  omnia  et  sin^la  al'  intra 
civil'  prcd',  el  com'  ejiudem  tifital',  qiiie  ed 
oSicinm  Vic'  laciend'  pertinent,  ac  ut  Vie" 
com*  Midd'  pro  codem  com'  deservitur',  ac 
oDMik  brevia,  biilas,  el  precepta  Dooi'  Kegis 
infra  com'  Miild'  prinl',  pro  administnlione  et 
OHtcutioDejiisliliit!  ilndem  exequend,  et  retorn' 
ioda  faciend,  qute  ad  officium  Vic'  taciend'  per- 
ttnent  supuriiis  plauitnl',  ni-cnon  quoad  libertnC, 
privileg',  et  Ihmchis'  per  ipsos  superlus  cla- 
inaf ,  videlict^  Mnjorcui  die'  civil',  et  hnjus- 
modi  Alderman'  ejugilein  rivitat',  qui  nfiioum 
ic   inde  fuer' 

lt«£ris  ad 


.citicet,  taljt 


H^orat'  irivil'  ill' 
difflissi,  Bc  tres  Alilerman'  sen' 
qui  djulius  in  afSc*  Alderman'  i 
■teter',  et  onus  etoSiciuin  Wnjural 
mm  Buninuer'.  fnre  Justiciar'  D( 
pacem  infra  civil'  prtErlicl'  i-ohm! 
seasioa'  pncis  et  placila  eoron',  i 
placita  curoD',  quut'  Jtistic'  Ihim'  Itegis  ad 
paceoi  conservond'  asslifn'  legitime  lenere  pos- 
aint  inlrn  eandam  CTvic  lenend'  hi-  ad  uninia 
Talon',  riot',  ruul",  et  convenlicnl'  illicil'  infra 
dvh'  pra^l'  inqiiirend',  aiidienil',  el  terminand' 
BopeniiM  placitat',  eant  inde  sini'  die,  salvo 
jure  Dom'  Ite^s,  ni  al',  .Vc.  Et  quoad  die' 
■eparal'  malenas  in  litre,  unde  tani  jined' 
AUom'  die'  Dom'  Ret^s  nunc  geneml',  qimm 
ptttd'  MiyoretComraunilns,  nc  Civcs  dviiat' 
prvd'.  posuer*  ae  in  jiidic'  cur',  sed  quiit  cur* 
die'  Uom*  Regis  nunc  liic  de  judic'  siio  de  el 
•uper  priKiiiiKH'  recldend'  nnadum  Hdvimtiir,  dies 
inde  dal'  est  lam  prKlb.1'  Koberto  Hawyer  Itlil', 
Attorn'  die'  Domini  Kei;is  nunc  geurtral',  qni 
pro  eudeni  Domino  Keye  in  hac  parte  seqiii- 
tur,  quain  pned'  Majiir'  «t  Coiimitinital',  ne 
Cifibus  civital'  London,  Sic,  ciiram  Domiou 
Rege  a  die  Paceliie  in  quindueiin  rii<«,  ulii- 
eDnaue,  &c.  de  judicio  suo  inde  audiend'  eu 
•uod  cur'  die'  Doiuiiii  ReKJi  hie  nonduui.  &c. 
lU  ^aem  quid'  quinden*  l*a«rli«  coram   I>u- 


habit'. 

Cons'  est,  quoil  libeitat', 
ebJB'  pned'  lore  de  wipsis 
[Mrat*  el  politicuin  in  re,  facto,  el  mnniBc.1 
uomcn  Majuriii  et  Comiuunilat',  ac  Ciri 
civil'  Loudon,  ac  per  iilem  nomen  jdaiiHW 
impUcitari,  rcs|)ondere  ac  respoiHtisi,  pet « 
dcm  Slajoreiii  et  ('omrauniul',  ac  Cina  a 
l^iudiin  pried'  Hujieriuii  datuai',  capiiatai 
seisianlur  in  manua  Unniini   Itcgi*,  <l  f 

Cetaf  Major  et  (Juruniuniias  ac  Cire*  a 
ndon  pned',  capiauliu-  ad  calisfaneati 
Domini  Ki^i  de  line  «un  jiro  usurpatiMia  lA 
tat',  prif  ileg',  el  IVanchii,'  pned*. 

" 'niisjiidffnieiit  was  given  in  16ft),  W 
exeenlinn  ever  isHiied  :  and  it  ■ppnuvl)'! 
atatule  of  ^  \\.  and  91.  it.  1,  c.  »,  Aimi 
the  city  continued  iu  I  lie  actual  Mij')}vM 


1]     STATE  TRIALS,  34  Charles  II.  1  C^Q.'-and  the  City  of  London.    [iS4t 


r  ffADcbises  in  the  same  manner  as  if  no 
■ment  had  been  ffiven,  or  that  a  new  charter 
temag  either  the  same  or  similar  privi- 
m  had  been  granted  by  Charles  the  second 
ames  the 'second. — Tn  the  1  W^  and  M. 
ct  passed,  by  which  it  was  enacted,  that  if 
person  then  hanng  any  office  or  cmploy- 
iS,  civil  or  military,  should  neglect  or  lefusc 
■ke  the  oaths  thereby  appointed  to  be 
«,  in  such  manner  as  by  that  act  is  di- 
ed, before  the  1st  of  August,  1689,  the 
«  or  employ  ment  of  every  person  so  neg- 
ngor  refusing  should  be  void. — In  1690, 
fltatnte  of  2  W.  and  M.  st.  1,  c.  8,  was 
le,  by  which,  atUr  reciting  among  other 
p,  *'Tliat  jutigment  had  b^n  given  on  an 
mation  in  tlie  nature  of  Quo  Warranto, 
Sxled  in  the  Court  of  King's-bench  against 
■vayor  and  commonalty  and  citizens  of 
eity  of  London,  that  the  liberty,  privilege, 

minchise  of  the  said  mayor  and  com- 
lalty  and  citizens,  being  a  body  politic  and 
Mrate,  should  be  seized  into  the  king's 
ds  as  forfeited  ;'  it  is  enacted,-  <  That  the 

judgment,  and  all  and  every  other  judff- 
It  given  or  recorded  in  the  said  court,  ror 
ing  into  the  king's  hand  the  Gberty,  pri- 
ge,  or  franchise  of  the  mayor  and  common- 
r  and  citizens  of  the  city  of  London,  of 
ig  of  themselves  a  body  politic  and  corpo- 
\  &e.  shall  be  reversed,  annulled,  and  made 
i' 

*  This  statute  abrogates  any  charters  that 
7  have  been  made  and  gnmted  to  any  per- 
■eonstituting  the  corporation  of  the  city,  or 
f  tf  the  fraternities  within  it ;  but  ratifies 
yrooeedings  in  law  or  equity  under  such 
r  charters,  indemnifies  the  persons  and 
cen^acting  under  them  ;  confirms  all  leases 
de  under  proper  restrictions,  and  the  firee- 
a  of  eveiy  person  obtained  in  any  of  the 
ipaaiea  in  tne  interval  between  tne  jodg- 
oft  and  the  reversal ;  directs  that  all  the  an- 
il magistrates  then  actually  in  office  shall 
liniie  till  a  new  election  of  such  annual 
iptratcs,  the  time  for  which  is  appointed 
the  act ;  but  if  no  new  election  should  take 
x  at  that  time,  directs  that  they  shall 
tiDiie  till  the  ordinary  and  customary  time 
eledioDS,  when  all  officers  and  magistrates 
D  be  ehfisen  as  usual  ;  and  enacts,  '  That 
ilficers  and  ministers  of  the  said  dty,  that 
iliiilly  held  any  office  or  place  in  tJie  said 
%  or  liberties  thereof,  or  in  the  borough  of 
ithwark,  at  the  time  when  the  said  jiidg- 
ift  was  |[iven,  shall  be  confirmed  and  shall 
e  and  eigoy  the  same  as  fiiUy  as  they  held 
m  at  the  time  of  the  said  judgment,  except 
b  n  have  voluntarily  surrendered  any  such 
3e  or  place,  or  have  Been  removed  for  any 
cmuse.'  Then  it  enacts  that  all  persons  so 
«  restored  and  continued  shall  take  the  oaths 
oiDtcd  to  be  taken  by  1  W.  and  M.  next 
■  after  such  restitution. 
^  Hie  session  of  parliament  in  which  the 
1 W.  andN.  waspaaied,  began  13thof  Fe- 


*^  Sir  James  Smith  was  an  alderman-  of  the 
city  at  the  time  when  this  judspneut  was  given^ 
in  the  Quo  Warranto ;  he  (Ud  not  take  the 
oaths  prescribed  by  this  statute  before  the  Ist 
of  August,  1689  ;  for  which  reason  he  wai 
in  point  of  fact,  removed  from  the  office  of  id- 
derman  by  those  who  exercised  the  functions 
of  the  cor|)oration,  as  it  seems,  some  time 
before  the  statute  for  reversing  the  judgment. 
In  consequence  of  that  statute,  sir  Jamea 
Smith,  in  1691,  brought  a  mandamus  to  be 
restored. 

**  The  defendants  retumetl,  *  That  sir  Jamea 
Smith,  on  the  13th  of  February,  1688,  was 
one  of  the  aldermen  of  the  city  of  London,  to 
that  place  and  office,  before  that  time,  duly 
elected  and  preferred,  according  to  the  custom 
of  the  said  city,  and  firom  the  said  13th  of  Fe- 
bruary, 1688,  to  the  Ist  of  August  following, 
remamed  one  of  the  aldermen ;  out  that  atanj 
time  before  the  said  1st  of  August  he  had  noft 
taken  the  oaths  prescribed  by  1  W.  and  M.  but 
to  take  the  same,  before  the  said  Ist  of  Au- 

g'ust,  had  altogether  neglected  ;  whereby,  and 
y  virtue  of  the  said  act,  the  said  office  became 
void  ;  and  that  the  said  sir  James  Smith,  at  any 
time  after  this  neglect,  was  never  elected  into 
the  office  of  one  of  the  aldermen  ;  and  there« 
fore  they  could  net  restore  him.' 

*<  Though,  in  this  return,  no  notice  is  taken 
of  the  judgment  against  the  city,  yet  the  effect 
of  the  latter  was  made,  at  first,  the  principal 
subject  of  discussion.  The  obligation  on  sir 
James  Smith  to  take  the  oaths,  it  was  said, 
depended  on  the  question,  '  Whether  he  was 
an  alderman  at  the  time  when  the  statute  re- 
quiring them  was  made  ?'  If  he  was  an  alder- 
man, tne  defendants  had  returned  a  good  cause 
for  not  restoring  him.  If  be  was  not  an  alder- 
man, then  he  was  not  bound  to  take  the  oaths 
before  the  1st  of  August,  1689,  and  conse- 
c|uently,  by  virtue  of  the  act  forTeversing  the 
judgment  against  the  city,  he  was  intit]^  te 
reassume  the  office  he  hiad  hdd  before  that 
judgment  was  pronounced.  But  this  ouestion, 
whether  he  was  an  alderman  or  not,  appended 
on  the  effect  of  the  judgment:  if  by  that  the 
corporation  was  dissolved,  he  was  not  an  al- 
derman at  the  time  when  the  oatlis  were  to  be 
taken ;  if  the  corporation  was  not  dissolved,  he 
was  an  alderman,  and  ought  to  have  taken  the 
oaths;  not  having  taken  them,  he  was  re- 
moved for  just  cause,  and  consequently  was 
within  the  exception  of  the  act  for  reversing 
the  judgment. — But  after  the  case  had  been 
argued  several  times,  it  was  discovered,  that 
no  notice  lieing  taken  of  the  judgment  in  the 
return,  the  former  could  not  be  considered  bj 
the  Court,  and  that,  had  the  act  for  the  resti- 
tution of  the  city  not  been  made,  the  onhr  ques- 
tion would  have  been  on  sir  James  Smith's 
neglect  to  take  the  oaths.  But  this  act  being 
a  general  law,  the  Court  were  bound  to  take 
notice  of  it,  which  they  actually  did,  and  made 
the  question  of  sir  James  being  an  alderman 
or  not»  depend  not  on  the  effect  of  the  judg- 
ment as  really  entered  on  the  record,  Iwi  m 


i«3]  ?.TArETRlAL5.34CaAliLKsU.  l6B2.—Pr<Ktf dings belwftntkr Kki 

— On  titt  geneml  <)iM«tton,  i  officiu'nlw»tBiuuiu£AlilsiBtD»r'd>i 

C'ms  racuum  de  TeaU  Quodq;  fnt! 
Ii  »d  idifund  lempus  pnsi  mumoi 
B'lect'  )>rol'  HOD  (iiil  decl'  ia  uftda' 
Jerman'irU'ivit'  pre<l'  Eteaileranu 
fkl'  ftl^or  e(  AUennaMi  ilturii  yreil' 
Kmilh  in  kHmm  aive  oificiu'  pred'  i 
UOD  piwtiuieas. 

Kespons'  Miyor'  Aldonuanfv'  c 
London. 

The  Argamoiits  upon  litis  Rrinni  i 
Sbow.  26d,  and  4  Mid.  53.  li  hib 
n  gtiod  Return,  am)  the  Court  wnuU 


^Kyd 


■rllftM- 

that  H  mnrht,  Uioneli  they  dilltsred  m  re  the 
frefier  tiwra  (ir«M.'B  n  Ju'ilgtrent.  Tlicr  all 
r^^rivJ,  honTTCr,  thai  il  wa«  nol  disBiriveil  by 
thrjndpiHTntasrenledin  tlio  act;  which  wns, 
'  Thnt  Ac  liberty,  frunc^tixe,  and  privilege  of 
Uie  nity  iil'  Livaifon,  ficin^  a  bad;  polilir,  k.c. 
•hooM  be  Meuted.'  Here  the  vurd  '  of'  btii^ 
mnincd  MbK  tlte  word  '  being,'  tlieju<lg«wni 
i*aii  net  agaiostlhi?  coqionile  existence  ot' the 
cilVi  b«it  agtiiiist  Ule  fraochisea  it  n^oyeJ  : 
luid  fl«h«ai<l.  '  ThatacoriKiralion  migLt  aub- 
eist  nftfT  ila  lr(uichi»e«  nere  taken  away ;  fijr 
Ifaat  titette  iverc  not  essenlinl  In  it,  but  only  ■ 
{Ririle^e  aiiftt'itaiiiin);  bi  it ;  that  tbc  essence 
of  ■  cAr^nrtiou  miH  to  make  by-laws,  and 
pmwn  t)ietm«iDbers,  Vthicli  they  miglit  do 

p.  fits. 

See  lliis  Cose  of  sir  James  Smilli  in  4  Mwl. ' 
69.  1  Sliow.  363.  2T4.  Carth.  ttl7.  Skin.' 
SOS,  310.  312.  Holt.  108,310.  13  Mod,  17. 
Tnumine,  p.  511,  ^ea  the  Ttetum  to  the 
HhimIuiiiis  lu  IoHows  : 

Jiiandomus  jtrofioulb. 

VleaptUis'  Major  is  et  Aldemiannr'  ciTilkf 
Loudon  iiirrauoniinat'  huic  brevi  pat^l  in 
qnadani  Srbeilul'  hoic  brevi  auaei'. 
.  Nub  Major  Pt  AldcTTBon'  errilat'  Ijoudon 
•ci^iiisKiniisi  Dom'  Bri;i  M  Uominp  He^nc 
Onr'  ipBOT'  Rcg;is  et  Reirine  cerani  ipsis 
Re^e  ft  npgitia  hnniillime  certificaniiis 
iqiHHl  Jaoobns  Hmith  Miles  inbrevi  bnic 
Nebediil'  Blmex'  nomiiiBt'  tertia  decimo  die 
<FettrilBrii  Anno  Dom'  mltlesinio  Bex<«ntc- 
•iBio  Ktcto^imi)  octat-o  liut  un>  Aldennan' 
oivit'  ftroil*  bH  loonm  el  ofiicin'  iHad  wound' 
tfnnsnetud'  riiitBt'  antetunc  debite  electm«t 
^■ti>clui  Kt  ah  modern  deeimo  tertio  die  t'ebru- 
arii  Anno  Donlini  [iiillMimoMSoenteiimo  octo- 
igfeslmo  uetavo  sti|)nidicUi  tisque  ad  primiini 
diem  Aiipuiiiimcprov'  Mxiui-'n'  sic  un'  Ablw- 
tnnn-  civil'  prril'  reiiiansit  >il  et  oontii)nHiit 
4in>di]iiepT«d'  JaMthiH  !inrilh  lempnreedi^niis 
cujindimi  Acttix  fact'  In  Fflrlianiento  Dam' 
R^isrtDoiD'  Kt^nenunc  tenf  siinil  WeslBl> 
in  Com'  MiJd*  Anno  Ke^i  sui  primo  scilierl 
IS'die'Febr' Anno  ftei^  Nui  prmio  Intitulat' 
'  ADactfori)A)R>gal(li(f  oilheoathEsfSu])ivniac^ 
'  and  All^iance,  and  appftintin^  otlii'i'  nsdia'  «t 
rtmliitne  exttirre  iisq;  jired'  pnmu'  diem  Au- 
i^Usti  Anno  Dom'  IMQ.  pred'  l(>eum  etofBoiu' 
un'  AldmnflrH)r''eiiil'  pred'  liabuit  et  ni<oi)patit 
Quodq;  {fred'  Jarobiis  SmitL  »!  oliquod  teu- 
pus  ante  pred'  (iHinain  diem  Ana^Hti  Anno 
■Dom'  linllefdmn  nfxrenteiiiiuo  nclogesimo  nono 
Wipntdtdnnon  cBpLtoaiT'B  Anghoe'-did  not  lake 
4)ieualbE'  per  eundcm  Actum  uppuuctnat'  fbre 
'CBpltdri'seil  Ba(T^l  ill'  capere  ante  |>red'  primw' 
4)lein  ftvgmti  Anno  Dwii'  millmitno  sMCCcntc- 
-^mu  oMs^iino  nono  supraiticto  penitua  onilsit 
«t  iM^teUL  pet  -^wl  yigoK  wWh  i><d'  pml' 


IVtmaiue  also  giTcx,  p.  .SI 
Retui-n  of  tfae  IHayoT,  &r.  of  L 
damns  gmnted  in  the  Cue  < 


Mandunmi  pro  EdMwik 

Rcspons*   Majoris    et    Aldenawo 

London  inlrnnoniiDat*   hoic  bto 

c|Uadiuii   Schedul'  bnic  br«vi  am 

Nm  Major  el  Aldermani  cirint'  In 

reninimiB   Dom'   Ke^i  c<   Duot'  K 

Gut'  ipsar'  Uom'  Reps  et  Dotn'  Rftf 

nRege  et  Kegina  apud  W.  bnoulli 
iins  tpl'  per  quendam  Acttnn  u 
meiiUiipsot'Oom'  HegisctUoiii'Hqi 
»pod  WtMm'  in  Com'  MiU'  tk« 
nartii  Anno  Aeeni  iini  secnudo  tnt' 
itiiiilttl' '  An  Aa  for  reietsinel 


aflnoWai 


'  London,  and  for  restoring  ibe  Cit}  A 
'  to  iLianticul  rights  and  pmikFtfpii'Nci 
cumi|uoddainJudicin'Teddit<l'ub!el  ii 
Banco  RcGfis  In  vel  circa  Termiu*  IVia' 
simoqnintn  Re^ni  uup'  Kc^iiCarDJ 
tup'  qiiailiDti  intonaulianc  in  iiatun 
Quo  Warranto  Angliec  ■  In-tlie  Liturc 
'  Warranto'  cxbibita  in  dicta  Cor*  *fn 
rem  et  commimitat'  ac  cires  cifiul' 

Sr  quod  Itbertas  prifilc^  «t  fnuirlMi 
^joris  et  communitat'  nc  civiu'  eu 
poris  pidiliciet  ratrpnrati  scisit'  ewenii 
Beeis  tit  tbri'sfact'  Etin  tutiiin  quo 
Judiciii'  et  process' tun'  indefueniUi 
iUcf^;alia  el  arliilrai''  Lt  per  eo  quail 
dictiir'  Majoris  el  conirnunitalis  ac  □> 
(inis  Ubt>rt3tib'  suis  de  qiiibus  ips  • 
luiwielit|ilitrimmn  teudobat  pici  elbti 
mcnto  AliSflice  Stlllaacnt  hujns  R 
eundcm  Actum  declarat'el  loQctilat'P 
riutte  ejiHHlein  Parliumenii  quod  dicti 
n-d<Utu'  in  dicta  (.'iir-  de  Banco  R«gi 
Tcnniii"  TrioitW'  Aunt  3j  Ri^  < 
R«giK  enroll  seouDdivel  Jn  aliquo*li 
etumneul  quodUbet  aliud  Judiriu'  t 
recordaC  in  dicla  Cur'  fter  »eiiind'  t 
niiiig  in  menus  dicb  mi^r  Ragi 
pritileg'  vellmnches'  Msjonset  ovM 
civ iu'ci vital'  Looden  euiloi'  ^  "^ 
-corpnratiuii 
et  commuuilU'  ac  ci 


:l  priiticutn  per  vOmm 
'  ac  ciriu'  civttal'4fl«l 


5]    STATE  TRIALS.  34  Charles  H.  1  SS^^.-^and  the  City  of  Ijondon.    [  \Z\G 


nomcti  placitare  ct  implacitari  mponderc 
spondcri  vcl  in  qnibuscunqiic  inndo  v<*l 
I  Uk*  JiMliciu'  intratiim  fuissct  f'liit  osset 
r  minHem  Actum  fnitrrvcrsat^  adimllat*  et 

*  ad  nfnnia  intcDtiones  et  pn>iK)stta  qiio- 
ue  Et  quod  vacat*  Aiiit^lice  Vmntvt  iiitra- 
r  Mip^  Itotiilis  dicti  Judic*  por  vucatioiie  cl 
liationc  ejusdeni  congnieut*  Any^lice  ac- 
n^ly  Et  ultcriiis  |N.*r  oiiiidcin  Actum  df>~ 
t*  tft  inactitat*  fuit  autliorit^tte  pr(>d*  qaod 
r  et  communttas  ac  cives  civitat*  London 
mt  ct  possent  iinpeqictimn)  cxtiuic  |M)stea 
oere  continuare  et  esse  ct  prcscribiTC  fore 
IS  cor|ioratum  et  politicinn  in  re  facto 
mine  per  nomen  Majoris  ciimmunital*  ct 

civ  it*  London  Et  |)cr  ill*  nomcn  et  cmuiia 
let  al'  nomcn  et  nomiua  incor])onitioui8 
|Uod  vel  per  que  ipsi  ad  aliquod  t(>iiipus 
pred*  Judiciu^  incor[H>rat*  fuisscnt  sectarc 
are  et  implacitari  rcspondcre  et  n»i|M>n- 
sine  aliqua  seisura  i  el  adjudicatiuni^  An- 

Fonju(if:tr  dictor*  franclics*  liWrtiit*  ct 
Ofif*  ^el  exibteu*  inde  cxclus*  vcl  amol* 
.ce  ousted  (ler  vel  sup*  aliquo  p*tcxtu  uli- 
i  fori8fiii*ture  vel  malcgcstnre  Anuflice 
emcanour  ad  aliquod  tempus  an t«  tunc  vcl 
ic  iiostea  i^eri  connuitti  vel  p*mitti  Ant^licc 
vff  Et  quod  dci*  Major  et  communitas  ac 

dictc  civitat*  valerent  et  (lottscnt  ut  yter 
Q  delnicrunt  pacitice  habere  et  fv^udcre 
a  et  singula  cor*  jura  dona  chartas  con- 
nnes  libcrtntes  privilc<(*  francbes*  cou- 
ld* usua^*  constitucunes  prescripcuncs  im- 
itates mercata  deb*a  Ansjflice  Duties  tolneta 
iten*ta  status  et  herr«litaniCTita  qiiecuncpie 
Icj^ime  liahuisscnt  vel  liabuissent  Ici^alc 
Jtulum  vel  interesse  de  in  vel  ad  tempus 
daconis  vcl  re«ldicunis  cjusdcm  Jmlic*  st*u 
oipub  vcl  tempore  di(;tar*  p*tcns;ir*  foris^ 
rar*  Et  |ier  eundcm  Actum  ulterius  in- 
if  fuitautlioritateprc«l*  qd*  oinnes  ofticinr' 
iniitri  dictc  civitat^  qui  juste  A nij^Ui*e  right- 

fenuisMMit  aliqiuNl  oliiciu*  sivc  locum  in 

civitat*  Tcl  libcrtatibus  ejusilcm  vcl  iu 
D  de  Southwarkc  ad  ttMupus  quan<1o  Ju- 

*  pml*  rcddit*  liiit  per  etmdem  Actum 
rmat*  futT*  ]ial)erent  ct  <2raudenMit  eadem 
n  ampto  modo  quam  ipsi  t^aiU^m  tenuissent 
orcreddiconis  Judic*  pnil*  (exreptis  talibus 

Tolantarie  sursum  rcddidisscnt  aliqu(Nl 
m<MliotHciu*  sive  locum  \A  rcmoti  fuissent 
liqiuijusta  causa)  Kt  quo<l  qucbbct  ]>*s(ma 
3«j8t  dictum  Judic*  redditu*  elect*  ailuiiss* 
at*  fuisact  i'l  aliquod  officiu*  sire  n«-;rotiu* 
oe  EmpimfMcnt '  infra  pn^*  civitat*  sup* 
m  survum  redditi«)n*  vel  amotion*  Ang^licc 
vai  ut  p*tcrtur  prior*  oHiciarior*  esse?  ct 
uadem  Actum  fuit  contirmat*  in  dicto 
I  vel  nei^o  suo  et  lial>cret  (>t  ^uderet 
I  ip  tain  picno  et  amplo  uumIo  quam  si 
t  admin*  vd  locat*  in  eodem  secundum 
IM  coDsuetudincs  dictc  (-Ivitatis  prout  iK.>r 
m  Actimi  plenius  ap|Kirct  Uuo<lque  m- 
nioat*  Jacobus  £dwanis  tenqtoru  reddi- 
Judic*  pred*  fuit  unus  Aldermanor*  prcd* 
t*  LaimIou  Ad  qnod  quidcm  ofiiciu*  et 
I  ipse  antetuDC  secund*  conHictud*  ejus* 

U  VIII. 


dcm  civitat*  deb*c  elect*  ct  p*fect*  fuis«et 
Quodq;  pred*  Jacobus  Edwanis  sic  un*  Ahlcr- 
manor*  civitat*  |>rcd*  Ut  preicrtur  exLsten*  post 
rcddict'mcm  Judic*  prctl*  ct  ante  edicunum 
Actus  pnHl*-scil*t  dcciuio  octavo  die  Uctobris 
Anfio  i>nm*  millcsimo  ^:cxccntesimo  octo^simo 
octavo  libcrc  ct  voluntnric  sursum  reddidit  pred* 
ofliciu*  sun*  unius  Alilcnnanor*  civitat*  prcil* 
qiiodq;  postoa  ct  ante  c<lic6n*  Actus  -pred* 
scil*t  dccimo  nono  die  Octoliris  Anno  Iiom* 
millcRimo  sc\(x*n(cs:mo  octoj^fcsimo  octavo 
Quidani  Tliftiuiis  Ijunc  i^lilcs  civis  et  liber 
homo  civitat*  prcd'  in  pi\th  oiiiciu*  unius  Al- 
dermanor* civitat*  xtn-iV  in  loco  preil*  Jacidii 
Edwanls  dcb*o  modo  sexniud*  consw^ud*  ejus- 
dcm  civitat*  elect*  et  p'teti*  fuit  et  ofliciu*  illud 
Htunp*  abiiide  hucum}uc  exerciiit  et  adhuc  exer- 
cet  et  tem|)orc  ediconis  Actus  prcd*  fuil  et 
adhuc  existit  unus  Ahlermanor*  civitat'  pred* 
in  loco  nred*  Ja<robi  Kdwanls  qui  officiu*  ill*  sic 
ut  prefertur  sursum  reddidit  Uuodtpie  pred* 
Jacobus  J'ldwanls  ad  aliquod  tempus  post 
sursum  n^ilditiou*  tiict*  nun  fuit  elect*  m  locum 
sivc  ofliciu*  unius  Aldenuaiior*  civitat*  pred* 
Et  (*a  dc  causa  Nos  Major  et  Aldeniiani  civitat' 
pred'  pn'dictum  Jacobum  Edivards  in  locum 
scu  officiu*  unius  Aldermanor'  civitat*  pred* 
restituere  non  possumus.    . 

Res]M)ns*  Majoris  et  .Udermanor*  civitat' 
London. 

Ti-emaine  likewise  G^ives,  p.  514,  the  follow- 
ing!^ Mandamus  and  Itcturn  in  the  Case  of  sir 
William  Pritchard.  [Sec  a  Report  of  a  Trial 
between  him  and  Papillon,  a.  p.  168i,  in  this 
Collection,  infra.']  ' .  • ' 

Mandamus  pro  pRrrciiARD. 

Williehuus  et  Maria  l)<;i  Gra*  Ang^lie  Scotia 
Franc*  ct  Ilifxmic  Ul\  et  Rcjifiua  fidci  dcfens', 
Vc.  Majori  ct  Aldcrmanis  civitat*  uostn'  liOn- 
don  salutem  Cum  sup*  vicesimu*  sextum  ilicm 
Maii  Anno  l)om*  millcsimo  scxcentcsiu^o  et 
nonaj^esimo  aliquis  3Iajor  Ci  vit*  I/ondon  secund' 
provision*  in  quoilain  Actu  in  preseiiti  Parlia- 
mento  inchoat*  cttimt*  apud  Wcstm*  in  Com* 
nostro  Midd*  viccsimo  die  3Iartii  Anno  Ke^i 
nostri  secundo  intitulat*  *  An  Act  for  rcversmqr 


e«lit*  et  p*vis*  noii  fuit  elect*  Cumq;  etiani 
Willielmus  Pritchawl  Miles  tcm|>orequo  Judic* 
sup*  information*  in  iiatura  de  Quo  Warranto 
cxiiibit*  in  Cur*  Dom*  Kejris  Caroli  secund* 
nup*  lioor'vA  Any:l',  -Vc.  coram  ipso  nup*  Rcge 
Et  in  pred*  Actu  Parliament*  nientionat* 
rrddit*  fuit  scilt*  Term*  SniicU*  Trin*  Anno 
Ue^ni  dci'  Dom*  nostri  Caroli  secund*  numT 
Ite^is  Anpflic,  ^c.  tricesimo  quinto  luit 
Major  civit*  I^ndon  j)red*  secund*  con- 
suctud*  civit*  pre*!'  debite  elect*  ct  p*fcct*  Cum- 
qiie  (iiam  idHui  Willielmus  IMtchanl  in  de- 
tctiu  ele<'tion'  Mmoris  civit'  London*  prwJ'  vifv- 
simo  sexto  die  Maii  Anno  Dom*  IGIH)  cxisten* 
ut  p*fertur  Major  civit*  prwl*  tempore  reddi- 
c6ni»  Judic*  prcd*  Virtute  prcd*  Actus  IVtliiw- 


m)  STATE  TRIALS,  34Ciiablbs1I.  l6»3.'-ProctedingihflKeentkt  Kkf 
t  Knitimuiu  Sanete  Triii'  fmr  h 
e  n<ibu-<  tuno  r«miil«<i'  T-  J.  Ilt.hi| 


r«7" 


preil'  Ikct' 
Arel  Mse  «  coatinunre  rtebei  ac  licet  idem 
WilliehnuE  Pritfhard  pred'  36  die  Moii  El 
tbimlF  hucmq;  pant'  fuit  et  obtulit  super 
ke  suscipCTc  offlc'  pred'  Major"  civital'  pred' 
et  offichi'  prod'  eiercere  et  e]iei|oi  el  cot- 
am  vobis  sen  aKqao  resti'nm  sacr'm  suu- 
corporal'  Major'  tirilat'  preil'  in  ea  parte  pres- 
isnd*  et  incumber'  ]ireslare  olitulit  tos  tamen 
qvdbus  hiyiiBniodi  sacr'ni  I>lajor'  civit'  pi«d- 
MminiKlrare  rfe  Jiire  pertinet  ■wr'm  ill'  eideoi 
WlUieliTio  adminislnLre  seu  ill'  de  er>d«n  Wil- 
Uelma  Priicliarrf   rrdpena  renuiatis  vel  HalteiD 

Su  detnle  distiiUnis  in  ipsioK  ^Villivlmi  Piit- 
ard  dainpnu'  not)  modicnin  et  Kravamea  ct 
■tatin  sni  lesion'  niBDilestBin  sicut  ex  querela 
van  af^eepinins  Uude  nobis  supplicaTtt  ^iind  lihi 
de  TGinedki  con^o  in  hsc  parte  p'videri  la- 
tiemiiuB  Nosiffitur  p'lat'  Willieimn  Prilcliard 
pleti'  et  celereiD  JusUc'  fieri  volent'  in  bac  parte 
ut  est  jiistMni  rolns  i>t  enjllbet  restrtim  niancla- 
miu  sicut  at'E  *obi.s  mandaveriintis  quod  taer'ii 
Ived*  per  Mqor'  civit'  preit'  in  hac  parte  pres- 
taii  ooiisiiet'  prolicto  M  iliiflmo  PrJtcliard  Ma- 
jor' eirit'  London  pred'  Virtute  pred'  Actus 
Fartiament'  ul  u'fcrtur  contiaual'  adminisArat' 
M  euDitcm  WilNamum  mc  nt  p'rertur  in  offii^io 
ill'  continuat'  ad  nificiu'  ct  locum  M^a  '  '"" 
LooduD  luvd'  giaedilationeadinittat  rd' 
nobis  intfe  io  conlrariu'  signiticet'  ne  in  vcstro 
defectii  querel*  ad  no4  p'vi^uint  iterat'  "' 
lit'  hoc  precf pi'  nostrum  evei;ut'  fuerit 
fac'  nobis  apuil  Wcslm'  die  Blartis  proK'  post 


NoH  Major  et  Alderman'  riri!'  Lot 
renissinni.  Dura'  Regi  et  Doiu'  B«ii 
script'  liiimillinie  certtficamus  qitotPni 
inl'rauienlionai*  96  dicin  Mail  Acno  Dr 
infra  spccificat'  qiiidam  Thooiaa  I^ 
Miica  dtb'o  modn  ac  secund'  proiis 
statuto  iulra  spec'  elect'  fuit  in  locum  i 
Major'  oiviui*  London  pred'  ac  in  pn 
ct  otSciuiu  poslea  sdl't  secund'  die  . 
ult'  p'terit'  legitime  jurat'  et  ariwi* 
oifieiu*  et  locum  ill'  P\tunc  biHTtn^tu 
ct  adliuc  excrfet  aicul  dv  Jure  debml 
Et  ea  de  eausa  sacr'm  iiifrascripP  yrt 
civit'  pred'  in  hac  parte  presian  conna 
Willielmo  Pritebard'  Mil' 
■  aeo  Ipsum  WilUclmum  Prilclii 
fiife  ofiiciu'  Majoris  civit'  pwd'  i 


Itespons'  Major  et  Aldennan'  drit 
I  know  not  of  aay  printed  T«pnn  ( 
eumenls  or  judgfirient  upon  eiUwr 
Writs  of  Mandamus  and  Keturn,  in  I 
of  sir  Jacob  Edwards  and  sir  Wm.  P 
and  Mr.  Dealtry,  who  has  been  <o«(i 
to  sean-h  the  records  of  proccediBf 
court  of  Kine's-lieDch,  from  die  lii 
the  nrits  issticd  to  the  end  of  IViM 
3  Will,  and  Mary,  inlbrms  me,  tM 
not  find  any  account  of  fartfaet  [(• 
upon  them. 


Remarks*  on  Mr.  Wilmer's  Honiine  Replegiando,  and  thi 
Warranto  against  the  City  of  London.  By  Sir  John  Hi 
Solicitor  General  in  the  Reign  of  William  III. 

the  discourse  of  the  fint    1 
boy  bevond  tea  bjif 


HIS  Prosecution,  tliou^  it  nas  but  criminal 
and  not  capibl,  did  as  much  mischief,  as  it 
Struck  a  terror  into  all  (Jnind  Juries,  as  any  the 
before  mentioned  matters  ;  and  it  was  by  llic 
Homine  Replcgiandot  issued  out  af^inst  him. 
As  for  the  informatinn  against  him,  I  shall  say 
nothing,  because  the  injustice  of  bolli  will  ap- 

*  See  the  Remarks  at  tlie  end  of  the  Cases 
of  Fit^cliarris,  C'nlled^je,  nnd  lord  ShaAesbury, 
pp.  439,  735,  and  H3'J,  of  this  volume. 

t  In  rdalion  to  the  proceedin|ts  against  Wil- 
nore,  the  followii^  particulars  are  (rren  in 
Narcissus  Luttreil's  MS  "  Brief  Historical 
Rvlalion  nf  State  Affairs,"  in  the  Library  of 
All  Soub'  college; 

"  1682,  May.  Mr.  John  Wilmore  having 
liidnajiped  a  boy  of  1 3  yea  rs  of  age  to  Jamaica, 
tt  Writ  de  Homine  Keplegiaiido  ivas  dehvered 
to  the  sherifls  of  London  against  him ;  after 
an  alias  and  a  pluries,  and  amerciaments  ou 
them  for  not  reluming  if,  the  court  of  King's' 
bench  granted  an  attachment  against  die  ^- 
bBx  nutts  tbey  nude  *  return  %  wvh  4  day ; 


"■  ;r  hao  seni  a  noy  w. . __  __,  _, 

Mr.  Wilmersaid,  wheAer  tme  n  i 
...js  matter  is  not  material;  aHomiiK. 
ando  is  granted  against  Mr.  WilnNrfb 
whose  prosecution  is  not  material: 
pi-rson  upon Buggtstion,  backed  by  iMt 


ml  accordingly  I 
;tum  by  the  da] 


they  did  make  i: 


said  return,  granted  them  a 
make  a  better  return  or  else  tn  MW 
but  they  having  since  retunwd  (Jm^ 
on  which  a  cspns  in  Witberaaw  is  • 
against  thi-  said  Wilmore;  tat  it  is  ■> 
sconds  as  yet. 

■>  The  23d  was  a  trial  U  the  Kif 
bar  upon  an  indictment  againM  Mr.  A 
more,  h>r  spinling  or  kidnapping  aiM 
boy  under  the  age  of  13  years,  Ml^ 


9]     STATE  IWALS,  Si  Chailbs  n.  1 

btwit  mated.  IW ihcriff would  hare 
Wti  00  £e  wril,  that  tlie  boy  waa  KOt  by 
It  with  Mr.  Wil- 


li (Jkai>0^ 


C13W 


;  which  reiuni  ww  not  allowed,  uul  the 
lA  were  told  ttitt  they  miut  either  return 
had  Kpkvied  this  boy,  and  they  idueI 
him  in  court,  or  eUe  they  would  be  laid 


•va  that  there  vta  ia  goBerel  anch  a  tra  je 
daupiag or apiriting Awav  children;  aad 
kadid  beHere  thore  badbesu  above  .'iDG 


_  ,  .   .    .  ._ ntawaytht 

I  heKm  the  lord  mayor,  when  summaucd 
(ahimlwtlw  pareat  of  the  child,  aiid  (bit 
qrwooM  aot  be  content  utherwiw,  he  Mid 


On  the  other  side,  Mr.  Wilmorc's  wit- 
■•  vtgei  on  hii  behalf,  lint  tlie  child  was 
'  wmng  to  go  with  hini,  aa  was  manifest 
B  be  offered  to  nut  him  away,  the  boy 
I  and  Mid  he  r/ould  go  with  him  or  with 
hv;  that  lu  bound  himiself  apprentice  to 
man  Toluolarily  at  Gravesend,  in  the  pre- 
»  of  the  mayor,  ^who  lettitial  the  same 
f)aad  had  la\  the  couDterpart  of  the  in- 
bntt  in  his  hand,  which  was  read  b  court.; 
:  be  thoogbt  be  had  done  a  very  good  au-t 
bariqr,  havinj^  bound  him  tn  a  carpenter 
C,  ud  ao  pcoTided  for  biiu  better  than  the 
■ti  could,  liken  the  Lord  Chief  Justice, 
nbertoo]  sammed  up  the  ertdence,  speak- 
TOT  well  against  the  borhd  practice  of 
■pjug  children,  and  left  the  matter  >cry 
■  to  tSejurj  if  they  believed  the  witnesaea, 
kat  the  jury,  without  (j^ing  from  the  bar, 

«t  him  in  guilty  of  tbe  mid  infonoatian, 
court  tobi  them  they  had  givon  a  good 
fat  AfitfwBrda  Waller  Kynn,  tbe  said 
nt  of  Graveaend,  for  liiv  countenancing 
ha  practice,  was  rei]uircd  to  give  sureties 
b  good  bebavinur,  which  he  did:  and  a 
moan  that  was  brought  on  Wilmore's  he- 
i  bring  aappoDed  to  have  witnessed  what 
new  net,  i!y  die  sevcial  (MUti-adidiona  and 
brtiboodi  in  bis  evidence,  was  ooiomitied 
•«  CMtody  of  tbe  marshal. 
Oct.  10B9.  Thotradeofkidnappingyoong 
|r«n  having  been  much  lued  of  Ute,  bli- 
1^  baa  thought  fit,  tor  the  puttuig  a  slop  to 
'^igMuaavdiainy,  to  prooecule  tbe oflen- 
fbr  the  aame,  aod  acoordingly  wveral 
han  prowcuted,  the  6nt  waa  Mr.  John 
BSra,  who  waa  loBg  nnoe  comided,  but 
f  beaid  oi'  since  coDvictiuu ;  then  one  Mr. 
■igiMi  was  triad  for  the  aame  crime,  and 
ietfd  Md  fiiMdSOOf. 


by  the  heeU  ;  at  ebc  they  must  return  that 
Mr-Wihoer  had  eaaoigned  bim,  whlJi  ii,  car- 
rying hini  away,  where  the  sheriff  ccnilil  not 
tiiid  liim  ;  and  then  a  Withernam  would  lEsua 
againtt  Mr,  Wdmer,  upon  nhich  he  woidJ  ba 
tiiJLen  and  kept  in  prison  till  be  prndut^i-d  tba 
boy  ;  and  no  other  return  should  be  allowed 

"  1683,  Jan.  The  boy  that  Mr.  Wilmoie 
Icidnapyed  away  to  Jamaica,  and  for  which  a 
■  Homme  Replegiando'  was  issued  affitiiut  him, 
is  lately  brought  over  by  his  order.'' 

The  Case  nf  Mr.  Dessigney  or  Daaaigney, 
mentiiined  by  LuUreJI,  ia  nported  in  T.  Itaym. 
474,  anil  2  Shower,  931.  The  kait- named  re- 
porter WHS  of  counaet  fw  Dasaigney,  and  in 
bia  ar^mcnt  cited  two  ancient  and  very  curi< 


the  rareness  of  tbe  suit,  and  the  obscurity  of 
the  law  therein : 

"  Inter  Recorda  Domini  Regia  Richard! 
Serandi  in  Thesauro  Hecept.  Scaccarii  aui  aub 
Custodia  Douiinoruni  Commisxiunaniir.  Tbe- 
saur.  ct  Camerar.  ibidem  reroauent.  viz.  inter 
placita  de  tchipore  Regis  Uichardi  Sucundi 
inter  alia  subcnntinetur  ut  Kequitur,  vie. 

"  Kntulus  placiluruni  coram  Domino  Rege 
apud  Winton"  which  (sir  Bartholomew  Shower 
obserrcii)  must  be  the  court  of  King's- bench 
held  tlien  in  fact  before  the  king ;  at  tbe  style 
remains  DOW  at  lliis  day  "ubicunquetunc  t'ucn- 
muiiin.4n^liu,"wbcre9oevcr  the  king  then  was) 
'■  deTerniinutJancti  HiUarii  Anno  tCegoi  Regia 
Rich.  3.  Sextodecimo.  W.  Cuiptoii."' 

Adhuc  de  Tennino  Sancti  Hillar. 

Cornub.  u.  Dominus  Rex  mandavit  Vice- 
com.  Coniub.  breve  suum  Clausum  in  beec 
verba :  Hichardus  Dei  Gratia  Rex  Anglhe  M 
Franciue  el  Dominus  Hibemiee  Vicecom.  Cor- 
nub.. salut.  Cum  pluries  libi  pnecepiniiu  quod 
juHle  el  sine  dilatione  replegwri  facias  David 
Tregoycs  quern  Thomas  de  Belto  Campu 
Conies  Warr,  et  Michael  Treivyiinek-ck  cepe- 
runt  el  captum  tenent  (ut  dicilur)  nisi  cafrtus 
esset  [ler  speciale  preceptum  nOGtrum  vel  ca- 
pitalis  Jusiiciarii  iiostri  vel  pro  luorte  bominia 
vel  pro  Forests  nostra  vel  pro  aliquo  alio  reclo 
quare  aecund.  <»nsueiudincm  Angliie  nan  sit 
n^legiahilis  vel  tu  ipse  easet  coram  nobis  in 
Crasuno  Animaruin  ullime  prtcleritu  ubieunque 
tunc  easemus  in  Anglia  aHtcnsunu  qiiare  man- 
data  noelm  pneil.  lolies  tibi  iodc  rlirects  exequi 
coulempsisti ;  Tuque  ad  diem  ilium  nobis  re- 
toman,  quod  piwd.  David  elongatua  fuit  eztm 
ballivam  tuam  per  pml.  Thomam  dc  Bella 
Campo  ct  Michaelem  TrGwvnneleck  ad  loca 
ignota  ita  quod,  visum  pi^ed.  Uaviil.  habere  non 
potuista  sic  nee  corpus  pracd.  David  habere  non 
poluiiti,  sic  nee  Mr^us  prsd.  Dand  renlegiari 
tecisti.  Ex  Ideo  tibi  pnccipimus  quod  i.'orpua 
prsd.  Hicbaalis  in  Wiihemamio  capias  et  uum 
salvo  et  secure  in  prisona  auatca  cuslodire  faciar 
quuusque  pnsd.  David  juxia  ttnonm  maiwla- 
tmim.nutfrqr.  grmiifUfr.  fibi  phtmp  .if^^  4>' 


tunc  lucrimus  in  Au^lia ;  Ut  ultcrius  super 
premissis  fact^^  valeamns  prout  de  jure  et  se- 
cunduiii  IpQreni  ct  c/)nsiietu(linein  n»jsfni  nostri 
Anf^lice  lore  Tidoriinus  fnci  nd.  Et  liabtvis  ibi 
tunc  hoc  breve  Teste  W.  Cloirton.  apud  Ebor. 
nono  die  NovcinUris  Anno  recjni  dccimo  sexto. 
Indorsanioiituia  ejusdem  brcvis  sequitur  in 
hsc  verba;  Uuoad  oapieud.  Michaclis  pra:d. 
Infraseript.  ct  eum  ad  Oustodiam  iacicnd.  in 
firisona  nostra  qiiouMjuo  repleti^iari  voluerit 
David  Trcpfoyes  et  ad  seisiri  iaciend.  in  manum 
Tcstram  omnia  bona  et  catalla  terras  rt  tene- 
meht.  Th<«iia:  de  hvWn  Campo  Comitis  U'arr. 
inirascript.  et  ea  s:dvo  ct  sccrnre  cnstodioml. 
inde  niliil  actum  v*ii  :id  jincsens,  cpiia  Dominus 
Rex  mibi  mnn<1avlt  breve  suinn  de  siiporsedcnd. 
interim,  rnjns  bre\  is  de  rxeciitione  istius  bi*cvis 
id(erins  facie  nd.  suprrsedi ;  et  est  breve  de  sn- 
|}er$..di.Mid.  bnic  bre\i  coiisut.  Quod  rpiidem 
breve  s^cpiitiir  in  hac  verba  Riebardus  Dei 
Ciratii  Rex  Anijlicp  et  Francia*  et  Dominus  Hi- 
lK?ni:a?,  Vict»com.  Coruub.  salutem,  cum  plu- 
ries  tibi  prsi  epinuis  quod  jukte  et  sine  dila- 
tioiie  replc^ian  tacercs  Da^id  Trejfoyes  quern 
Tliovii.'w  de  Ik^llo  Campo  Comes  War.  et  Mi- 
chael Tre\»' v'lnoK <'k  cenerunt  et  captuui  tenent 
lit  flieitnr  nisi  c-.ptiw  sit  jkt  siieciale  praecep- 
tani  nostrum  \e\  capitnlis  Jnsticiarii  nostri  vel 
pi*x>  niortc  hoiiiinis  >el  pro  Foresta  nostra  vol 
pi*oaliquoalio  roftr,  q;r^re  socundam  consuetu- 
dinemrtuni  Ai!..ii:'?  non  sit  rcplejcriabilis  vel 
^ausani  no!.}-?  pi'.:■^i■;*(•c^4  quai-e  mandatum  nos- 
tram  ttlias  tibi  in<le  direct,  cxcqui  ntm  potuisti, 
ftc  tu  nobis  sip^nificaveris  quod  prwd.  David 
elouffcitiTs  fnit  e\tra  ballivam  tuam  jkt  praedict. 
f.'oniitem  et  ^.Tichaelem  ad  loca  i^nota  ita  quod 
visum  prrcdiv't.  Oavid.  habere  non  potuisti,  sic 


diet,  ubicunque  tunc  tuerimua 
ciend.  et  recipieud.  (|uod  Curia 
rent  in  haec  |mrtc  praeccptui 
ratimi,  quas  quidem  trescei 
nianucaptores  tte  terns  et  cai 
nostrum  levari  con(vsser.  si  id 
nobis  ad  diem  praetlict.  non 
supradict.  Ideo  tibi  pra€H*ijiii 
Corporis  praedict.  ^lichaelis  ;i 
et  tenementor.  honor,  et  catall 
tis  in  manum  nostraui  oceasioi 
intcinin  su|»erse«lea.s,  Etst  ijuu 
occJLsicnie  ceperis  tunc  ipsum 
detent,  si  ea  occasione  et  noii 
eadeni,  interim  delilKTari  ac  u 
terris  et  tenementis  lionis  et  cs 
niltis,  si  |>er  te  occasione  \n 
cajita  sunt  in  manum  nostrain. 
i'aiuas  per  nianucaptionem  sup 
coram  nobis  tunc  hoc  breve  T 
Ebor.  '21  NovembrLs  Auuo  He; 

Ad  quern  diem  coram  Du 
\ Vinton  vencrunt  pra(.nlict.  C 
in  pn>priis  persouis  suis,  et  h 
i'atum  David,  duxerunt  et  Cui 
runt. 

Et  praed.  David  instantiT  ii 
sua  queritur  q\iod  praedict.  *C 
simul  cum,  ike,  die  Martis  pn> 
Sanctac  Mariae  \  irti^'inu  Anno 
il>siim  Daviii.  apu<l  Tregoycn 
cc^jKiVUut  imprispuavernnt  et 
mitatum  praed.  diLvcnuit  £t  ii 
enint  a  praedict.  Die  Martis 
quindena  Sancti  liiUarii  unde 
riorat.  est  et  dampnum  hab 
duanim  miKclibrarum  et  indc 


i:.» 


]     StAlX  TRIALS,  34  Charles  II.  l6S2.^^nd  the  City  of  London.     [1354 


icjond  sea ;  io  tlie  next  place,  it  is  lawful 
master  to  send  his  scnaiit  U^vond  sea 

lintf  to  suc-li  agreement.  Ancf  it'  both 
|ir»pi)sitioDS  lie  true,  as  I  think  no  man 

ly  they  are  not,  it  is  a  natural  cotisequtMioe 

,  that  tlie  law  hath  jirovidett  a  return  upon 

n  suum  de  Cumuut  in  Com.  praedict.  et 
idem  Comes  et  omnes  antecessoris  sui 
Di  Manerii  prafdiot.  a  tem|iore  quo  non 
memoria    tiierunt    seisit.    <le  pnietlic^t. 
I.  et  anteccssorilius  suis  ut  dc  Nativis  suis 
un  pertiuentibuK  ad  mauerium  suuui  prae- 
£t  pro  eoqufNl  idem  David  tiiit  roMlis  et 
ticiari  noluit  i>er  uiinistros  T>omini  Co- 
idem  Michael  ut  servicns  ejusdem  i'o- 
et  per  praeceptum  Domini  Comitcs  ip- 
|>avid.  cepit  et  hnprisonaiit  prout  ei  l)cne 
,  et  iftctit  Judicium   si  pracd.  David  acti- 
8i;am  ]»r3ed.  in  hac  casu  versus  eum  ma- 
lere  dclieiit. 

idem  Davii!  di^-^it  quod  ipse  caliber  homo 
ime  couditiuhis  n,  non  Nativus  didi  Co- 
prout  pLMcdii'i.  Comes  et  Michael  sup- 
nt.  Et  de  hoc  f)ouit  se  sufier  [»atnam,  et 
lict.  Com(-:4  it  Micliael  similiter,  6cc.. 
iO  veniat  inde  Jurata  coram  Domino  Re£fc 
s  Paschue  in  tres  se[>timanas  ubiciiiupie, 
St  qui  HOC,  ^c.  Idem  dies  dat.  est  paitibus 
lict.  -Vc. 

super  hoc  vcniunt  Johaiuies  Trevorlyn 
nnes  Treuiarraiu  Uotreriis  ln\ll  et  Tho- 
Pbls«ino  omnt^  de  Com.  Comub.  et  ma- 
perimt  habcnd.  t'orpus  pmcd.  David. 
■  Domino  liej^e  ad  pniefat'im  Tenninum 
:dedie  in  diiMii  quousipie,  Vc.  Kt  quod  idem 
id  (irose«pii  dobeat  pracd.  placituin  mo<lo  et 
M>  (sine  colhisiune  trande  ft  tzinlatione) 
potcret  in  pnu>ria  persona  sua  do  die  in 
I  versus  dirt.  Comiu>m  ct  Michaclom  de 
1.  Captione  c<»r|>oris  sui  tpiousfpie  placitum 
i|>siis  inde  U>rminctur,  Kt  si  return.  t*or- 
ipraed.  Da\id.  durti)  CJomiti  aiiiutlir-etur 
r  platMto  praiMl.  quod  tunc  idem  David  ail 
R«sionem  qi^ius  Comiiis  se  reddat  et  libcnibit 
n  (-ur.  iier  pnuMi.  munucajitores  tanquam 
'iM  ip:$ius  Cuuiitis. 

t  iidc>m  manucaptores  reco«Tio\  orunt  s«r 
nidi's  et  cxecutowfs  suos  teneri  stdvtn-f  praotl. 
iKi  et  haertidibiis  suis  extent.  i\larca&  SUr- 
)r.  si  prai*d.  David  et  nmnucapt(»res  sui 
d.  onmia  et  sin<rula  non  iecerut  vel  taccreiU 
uod  idem  David  aliqiiid  iectTit  in  c!ontr»r.  ali- 
iim  praed.  pracmissor.  et  praiMl.  inanutapt. 
iilibit  eoriun  per  so  confressit  quiMl  pmed. 
ma  sexceutar.  Murcar.  di-  ten-is  «*t  ratal  lis 
fieri  possit  |>cr  Vice -fttHii.  et  praetato  i  'omiti 
laeredihus  suis  liU^rari,  \,c..  \\,i  simili- 
iidem  manucaptores  ninnuceperunt  <\wh\ 
d.  David  se  b<^nc  f<^<sserit  enrii  Douii- 
Ret^em  et  [lopulum  suum  et  praei'inue 
ministnts  et  tenentes  praeil.  (.-ouiitis, 
eis  nou  inf<rrt.t  per  se  uvr  per  alios 
procuramentn  aliquod  maliuu  de  Cor- 
ulssuLs  sub  po:^na  supradict.  Et  A.  B.  iy. 
.  pro])niMl.  Comitet-t  >lichaelo  quoil  ipsi 
e  Dcc  per  alion  per  eoruin  procurotioDem 


!  a  writ  of  Homine  Replegiando,  if  it  should  be 

sued  out  aj^insc  such  master  ibr  a  servant  so 

I  sent  beyond  sea,    which  may  indemnity  the 

:  master  in  so  doin*^ ;  and  that  return  eau  be  no 

othertbau  the  special  matter,  which  in  this  case 

was  refused  to  be  ac<!cptefl.     It  is  no  arijfument 


non  imjiedient  nee  ali4|uis  eorum  impe<liet  pracd. 
David,  quin  ipse  prosecutionem  suam  praed. 
legitimo  modo  prose<}ui  possit  quoquamo<lo  suH 
pu;na  centum  librar.  &c. 

Et  continuato  iude  processu  inter  praed. 
David,  et  praetl.  Comitem  et  Michaelem  per 
jurat,  posit.  inres(>ect.  coram  Domino  liege 
usque  a  Die  Paschae  in  unuui  meiisi'ni  Anno 
Rc^ni  Ref^is  Itichardi  iikH'undi  deciuio  septimo 
ubicunque,  iScc.  pro  detiectu  jurats  ^c 

Ad  quern  diem  coram  Domino  Rege  apud 
Westm.  venit  praeil.  David  in  pnq>ria  jier- 
sona  sua  per  manu(ra|moiiem  suam  praed.  Et 
praed.  Comes  et  Michael  iu  projiriis  personis 
suis  similiter  veniunt  et  jurat,  veniuutqui  taui 
de  Assensu  praed.  Daviii.  quam  praed.  Comitis 
et  31ichaelis  ad  hoc  elecii  triati  et  jural*  dicimt 
su[>er  Sacrameutiim  suum  quod  praed.  David 
est  hber  Homo  et  liborae  condiiionis  et  non 
Nativus  praed.  Comitis  prout  praeil.  David 
^rre(V'oyssu[)eriusallqjcavitut  assidunt  dampna 
occ.-.sione  prae-.l.  ad  quadra^nt  libras,  Sec,  Et 
super  hoc  considenituiu  est  quod  |mu^l.  I>avid 
recuperet  versus  praed.  Comitem  ct  Micbac-lem 
dampna  sua  praed.  sujierius  per  jurat,  praed. 
ud  40  Libr:is  taxat.  ei  quod  pracd.  Comes  et 
Michael  capiautur. 

Inter  Recmila  IXunini  Repfis  Car.  9.  in 
tliesauro  rcreept.  Sctu:c.  sui  sub  custodia  Do- 
min(»r.  C'onmHss.  ibidem  remanent,  \iz.  inter 
placita  de  tempore  Ki^fLs  Henrici  quarti  inter 
alia  sic  contiiietur  ut  sitpiitur,  viz. 

R;>tulus  pliu'itor.  ci^ram  Domino  Regt!  apud 
Westm.  <ie  Tenniuo  Stuu^i  Mit'liaelis  AiuiO 
Recfis  lien.  1.  |KMt  eonq.  ;'>.  Will.  Ivascoigne. 

Adliuc  de  Termino  >!uncii  Michaelis.  W. 
riascoi<4ne  In  dorso. 

Devon.  »g.  Dominus  Itex  mandavit  breve 
suum  dausuiu  in  liaec  verl)a  Henrious  Dei 
Cratia  Rex  Aii<;liac  ct  Franciae  et  Domimis 
Hil)emiaeVi^i*<^uu.  De\'on.  saiutem.  Cum  plu- 
nes  tibi  pnie<K*pinuis  quoil  juste  et  sine  ditati- 
one  ivplf'g'iari  hicercs  Wiilielmum  fiiiuui  Adae 
Scutt  quern  Simon  Bryt  et  .lolmnnes  lilius  ejus 
ef>|k*runt  et  eaptmu  tenent  (ut  tiicitur)  nisi 
captussit  |H*r  speciale  maudatum  nostrum  \ei 
C:;pitaliH  JuKticiarii  nostri  vel  pru  mortc  ho- 
niiuts  vel  pro  furcbta  n<»stra  vd  pr<»  aliquo  alio 
recto  (piure  secund.  consuetud.  Au^liae  non 
sit  repleiv-iabilLs ;  vel  tu  ipse  fuis.srs  coram  nobis 
a  dieSsuictae'JVinitatisiuquiiidecim  dios  ullimc 
proti'rit.  ubiciiiMpie  tunc  fuisseuius  iu  Angliae 
osteusuruH  quare  mandate  nostra  praed.  toties 
iuile  tibi  dir^'ct.  exequi  tu  coutempsisti,  Tuque 
ad  diem  ilium  nohis  retornau.  qufnl  praed. 
breve  aileo  tuple  tibi  libertat.  fuit  quod  nullam 
t;x(x*utioneni  iude  fieri  potuisti  propter  tcm- 
|N»rLs  l»re\itHtum  et  quiMl  nulla  alia  bri*via  de  re- 
plcgiaudo   praed.  Willidiuuui    tibi  \«Qjix«aa^ 


155S}  STATE  THULS.S^Charles II.  l6S2.—Pri>axiins»  bawern  tlu  KJKf 


w  gtiod,  aud  oibers  bad ;  yet  it  huh  not  said, 
what  are  Ektl  llie  ^rood  relurns  which  may  be 
soade  ea  ui  Homine  Rfplcgiondo  ,  and  the 
■bcriff  ia  DO  mote  coafinid  to  returns,  than  tt 
nan  ID  the  pleadinu  othLi  ca^,  which  my  lord 


W'   qjUeu 


reueptumem  din.  brefte  ;  Ideo  libi  pnteci- 
iis  quod  juste  et  sine  dilatione  iv|ik^ari 
ias  ^rard.  Willielinum  fiUiim  Aclae  ^iiti 
qjUem  praefat.  Sunim  Britt  et  Jobaunw  fiUus 
qua  Miieruntet  ca[iluni  tenml.  ntiliuitur,  nisi 
fia|>UiB  ail  per  sjieciajp  pnFcoplnin  luMrtiui  vel 
CapilalUJusticiarii  n<wtri«elprvni'>r1ehoiiuniii 
*ei  pro  loresla  uoHtnt  vd  pro  aliquo  alio  recto 
qnare  secunduin  cnnauetud.  Angliae  non  ait 
TCpUgiahUu  vel  tu  ipse  Huiu  coratn  uobia  a  Die 
8HMti  Michaelii  in  quindecim  dies  ubicuuqge 
MiDC  fneTiiDuii  in  Anglia,  ostensurua  quare 
muidittB  Dostra  pracil.  totiestibi  direct,  exequi 
contcinpsiati,  Et  habeufi  ibi  boi:  breve  Teste 
WiUivluin  Gascoi^c  apud  WenrneDaateriutn 
SO.  die  JuniiauDo  rei^i  iiostri  quarto- 
Ad  (LUeiii  qumdens  tSancti  >lii.'liaelis  coium 
Domino  lUgir  apud  \Vestni»naiit«riuin,  Vice- 
eom.  Uevun.  retoni.  quod  praeil.  Willielaius 
filiuH  Ada«lkuU  amotus  estei  eloDg:at.  extra 
MlivBiD  suBin  p<.-T  praed.  Simoij  BriCI  et  Jo- 
Jiaanem  filium  ejus  in  Com.  Boineraet  quara 
de  ipso  W  iltielmo  repleeiaud.  jux(«  futniain 
HcL  brci'ia  adtunc  nihd  tacercjMituit. 

Ac  ex  parte  jiraed.  Willielmi  filii  Adae 
Scml  in  Curia  Regie  coraro  ipso  Hege  suliici- 

^U9  praed.  laiilaut  el  dit<curruiit  ia  Cu- 
miialu  ^ruersel. 

El  ideo  prteceptum  et  viceconi.  Somerset 
•uod  Corpora  pried.  Simonis  et  lilii  ejus  in 
WitheHTainio  capiat  et  eoa  gdvo  et  secure  cus- 
todiri  laciat  quousque  iideni  Simon  ct  Johannes 
filius  ^us  prxtiil.  Wiltielmum  filium  Adz 
Scut  n.i)leg;iah  Toluerint  £t  queliter,  6ec.  con- 
(tnre  facias,  &c. 

Fostea  Kciil.  aao  die  Jtmuarii  Anno  Rcgni 
Doni.  Kegis  nunc  quarto  coram  Domino  Hege 
•pud  Wt«tmon»Hlerium  veniuot  Willlelmus 
Z^wlel  et  Shimon  Britt  Jun.de  Com.  Somerset 
<t  Johannes  Uabie  et  Thomas  Prowse  de  Com. 
AevoD.  Btjserantes  <hel.  Vicecom.  Bamerstt 
corpus  pra;tat.  Siuinnis  Britt  oucssioue  pra:d. 
c^isse  et  ipsum  in  prisiina  Domini  llc^[is  sub 
cuttodia  ejusilem  Vicecom.  furedetent,  et  ina- 
Iiiicepi;ruiit  hobend.  corporis  prad.  Sirnonis 
Brinvtram  Doiuinu  Rege  ad  pneliit.  Term,  el 
quilibet   eonim  sub  pcKoa  40/.  quoin  quidam 


cupt.  « 


tngn.  de  terris  et  catnllis  suis  ad  opus  Dofnini 
Aegis  tiori  Hi  conlinu'at  ipsoa  cnrpus  prftiil. 
Hmoui»  Britt  coram  Duuimo  Ret;e  ad  prxtiil. 
Teraiiniun  pi-ompttiin  nan  hobcrt  ad  Ikciend. 
■ued  Curia  Domini  Re|^  cuiisideraveril  in 
Sac  parte,  Kl  peluut  hrerc  de  auporseileaa 
praGU.  Vicci'oin.  direct,  de  non  detiuciido  id' 
terius  corpus  pr«d.  liiiiiaais  in  [iriwnaDmnioi 
^wifi  occaaione  pracdicta. 


e  Kepl^iandn  MJ 
supposed  to  be  in  cusKidji,) 
IS  hy  mutual  agre^nwalMII 


Coke  Ha}-*  may  tary  scconttu^  to  ibaH 
his  case ;  aad  jet  the  law  ftuh  nid  il 
good  plea  and  what  a  bail  enc,  but  fad 

SreMed  all  the  good  or  bad  pleas.  1^ 
ire  it  il  no  ar^imeat  aj^iiiait  Mcb  | 
tbat  no  precedent  of  it  can  be  fOM 
enough   that  no  judgmeut  can  he  f 

r'nst  it ;  and  the  reason  nf  Iwdi  i 
the  case  never  happened  tirin 
ta  say  that  never  any  person  trM  t 
tinuN  Itliire.  as  to  sue  out  aa  Hoai 

IilrKiundo  a^junst  a  luaslci  Ibr  ■  itn 
•y  a^iixment  beyond  ne*  i  and  rrM 
be  vxriid  woordin^  to  the  ease.  M 
prectidiMit  isu  be  found  of  a  niov 
nrit,  tluit  ihe  person  soua-ht  for  iidl 
all  pifnwiis  will  a^ree  it  is  a  ^ood  retail 
in  replevin  ol'  cwOle,  aad  evra  IbK  i 
fkUiiies  ibe  doctritie  of'theGOurl.tiMll 
buttworeturu^oo  that  writ  alIa*«Ut 
It  iii  not  tin  ailment  tor  dimlloning  A 
that  the  penwii  sent  beyond  sea  wa>  a> 
capable  of  making'  sach  a  cootnclf 
believe,  if  the  matter  irere  looked  t«l^ 
oi'a^soto  do),  for  nothing  »f  thai 
eon  appenr  in  the  writ  or  retom :  ) 
lliereli>re.  simply  upon  this,  wbeilwrlli 

the  person  si 

full  age,  nas 

Hca  bytheperson  in  wbooecustMly.tH 

faeis'tuppnwdtnbe?  which  I  think  *| 

a  doubt.    But  notwitfastanding  all  M 

ihips  on  Juries,  it  tvtui  seen  to  be  [!■ 

Cnsxible  to  procure  any  bills  of  imtitM 
ieb-treason, muchlessany  persouMl 
Tided  on  the  bke  evidence,  ewxjitiaL 
where  are  some  of  the  best,  as  wril  Mlb 
of  men  in  the  nation  ;  and  et'en  there  II 
to  be  done,  R£  long  as  the  Juries  iratl 
and  honest  men,  which  would  be  a>  hcf 
elcctionofsherifPs  wasin  the  citixeDi) 
the  honour  of  the  city,  it  was  ««B|b 
chose  only  honest  men  to  be  then  ihnil 
that  when  they  saw  thepubhc  -lafelyd^ 
honest  otTicers,  though  at  other  linKSil 
rather  pay  a  line,  than  undent  ihtOM 
char^  of  that  office,  vet  at  Uiat  buel 
legatly  chosen,  refused  to  stand.  thM) 
were  reproached  and  punished  li>r  it : 
Mr.  Box  refused,  it  was  berause  bev 
join  with  North,  who  wan  imposed  on  I 
for  which  reason  it  was  resolved  to  U 
the  dty  tbe  riffbt  of  chiuincr  sboi 
by  what  nntans  wasnot  preseoJy  rea 
That  the  city  might  forleit  ibeit 
electing,  there  was  no  f(Tcal  doubt  ; 
sheriffs  were  dead,  and  new  ones  t 
chosen  in  a  convenient  time,  so  that  I 
a  defect  of  justice,  or  the  like  :  but  ■ 
tbalkiud  could  be  laid  tu  their  chai 
Iherelbre  a  new  imht«rd-of  matter  »■ 
on,  and  set  a-foot,  which  was,  to  null 
I'orfrit  tlieir  bein<,'  a  corjioniion  ;  • 
lumihiUted,  tbe  grants  made  to  llMI 
crown,  «a  the  righl  of  eleOing  ihs 
irotiU  KUttrt  lo.the  crowB  agwk 


]     STAtE  TRIALS^  54  Cbablbs  IL  l682.-««tf  the  CUy  ^  Landm.    [id5S 


Quo  Warranto  was  therefore  brought  | 
■I  the  «hy  id  Hilary  Term,  1681,  to 
hgr  what  warrant  they  pretended  to  be  a 
Mtieii,  and  to  have  thdr  privileges  roen- 
I  in  the  writ ;  to  which  the  city  pleaded, 
ei  fordi  their  rieht ;  and  the  kinff  replied, 
d  ftrdi  serenu  matters  -done  by  them, 
nr|r  to  the  duty  of  a  corporation :  upon 
I  there  was  a  demurrer,  of  which  judg- 
WM  not  ^en  till  Trinity  Term  1683. 
.  any  notmug  of  the  rieht  of  the  pro- 

y,  it  having  been  larafely  and  learnedly 
Airtbe  city ;  but  iftbe  matter  were  so 
a  ease,  as  the  king's  counsel  and  court 
llwireittobe,  how  came  it  to  pass  thatin 
f  the  8th's  time,  when  the  king  was  so 
itfy  bent  on  dissolving  the  religions  cor- 
IsBSy  in  which  the  public  incUniSion  jo^ied 
ten,  tibe  doing  it  Dy  Quo  Warranto  was 
MMitof?  It  was  very  plain,  that  those 
idcS  leligisas  did  not  observe  the  rules, 
■fNrm  the  cods  for  which  they  were  in- 
mlBd ;  and  certainly  their  misdiemeanors, 
■t  the  intent  of  tbev  being  incorporated, 
better  eansed  of  forfeiture,  than  was  the 
ijjpeiitioning  for  a  parliament,  &c.  Yet 
long  tank  etiier  methods  ;  he  had  formal 
qfaneas  ef  their  lands  firom  most  of  those 
RMkna  and  formal  snnnenderB  of  their 
■atieos,  signed  by  every  individual  of  the 
ntaM,  imd  those  afterwards  confirmed 
elsf  Ipnrliament  And  sure  the  hte  king 
HBDch  fifflit  to  bring  a  Quo  Warranto 
M  Magduen  College  for  reiusing,  con- 
'4s  their  duty,  to  admit  the  president  the 
ilninaUd,  if  the  king  had arightto  no- 
IMw  pfesuknt  (as  some  judges  asserted 
ttil.  as  kmg  Charies  the  fieccsid  had 
ttttie  city:  and  it  was  once  in  debate, 
Imt  the  proceeding  against  thatcoUege 
ibefay  Quo  Warranto,  or  before  the  £o- 
■littl  ConmnssionerB  ?  The  lastwasra- 
I  ea,  not  as  more  legaloreflipctnal,but«s 
siiBf  ditisus ;  in  the  one,  the  proceedings 
*  ie  die  hi  die* ;'  in  the  other,  irom 
totem.  This  onlylwiU  obssrve,  that 
the  judgment  against  the  ieitywasgii^, 
I  Was  M  the  grsatest  eoncemtolliena- 
ivercontestad  mmny  co«i  of  Westminster 
it  wms^oQs  br  two  judges  only,  and  no 
a  of  that  jfmgiOBoX  rendered  :  whereof 
ins,  who  WM  one,  I  think,  heard  but  oik$ 
MBtia  Ihnaue.    Il  Is  trae,  they  Mid 


Raymond,  when  alive,  was  of  the  same  opi- 
nion ;  and  said  Saunders,  who  was  then  past 
bis  senses,  was  of  the  same  opinion ;  thoogh  I 
was  toM  by  one  who  was  present,  when  thn 
two  justices  came  to  ask  nis  opinion  in  xhm 
matter,  he  had  only  sense  enough  to  re|MtNich 
them  for  troubling  him  about  the  matter, 
when  they  were  sensible  he  had  lost  his  me- 
mory. And  to  say  truth,  the  delivering 
the  sense  of  an  aosent  judge,  though  it 
hath  been  sometimes  practised,  is  not  allowable, 
for  sometimes  they  deliver  another  opinion 
than  what  the  absent  judge  is  of.  Judgie 
Withens  did  so  in  sevoral  cases,  when  ne 
delivered  the  opinion  of  sir  Edwaid  Her« 
bert,  which  sir  Edward  Herbert  afterwan^ 
in  open  court,  disowned :  Jac^e  Holtoway 
served  Judge  Powell  the  same  tnck,  if  Idlest 
said  true.  The  long  depending  of  the  Quo 
Warranto  had  alarmed  all  die  nation,  whoweie 
yet  ouiet,  hopmg  that  judsrment  would  be  given 
for  the  city,  as  some  of  the  judges  and  et'  the 
king's  counflel  had  given  out  it  wouM ;  bitt  thn 
contrary  was  resolved  on,  ai^  tberefore  the  na- 
tion at  the  time  of  the  giving  Uie  judgBMoC^ 
must  be  amused  with  somewnat  else,  and  n^ 
thing  SQ  nropec  as  a  plot :  but  there  w^s  dift- 
cuUy  in  tnat  also ;  for  if  the  pretend^  plot- 
ters should  be  acquitted,  it  would  OMke  the 
matter  worse  ;  and  notbii^  would  secure  thni 
but  imposing  what  sheriffs  they  pleased  ca  the 
city;  and  accordingly  Nortii  and  Rich  being 
pitehed  on,  theene  oy  a  rimmeless  trick,  and 
the  other  hy  open  teroe,  were  "^pi^gird  on 
the  ci^. 

Having  gained  that  point,  the  proeeediagB  b 
the  Quo  Warranto  were  much  quicker  #han 
before,  and  two  arguments  were  only  permiit 
ted  in  it  of  each  side,  the  one  in  Hilary  Term, 
the  other  in  Easter  Term ;  and  so  the  case  was 
ripe  for  judgment  in^IVinhy  Term  following, 
but  must  be,  and  was  ushered  in,  with  the  dis- 
covery of  a  pretended  plot :  Which  so  aMaaad 
the  nation,  that  though  judgment  in  the  Qi^ 
Warmnto  was  given  two  days  after  the  pre- 
tended disoovei^^  nobody  took  any  notice  of  H 
for  several  monUis  after  it  was  given.  The 
truth  WIS,  nobo4y  durst  mutter  against  it,  ar 
question  the  legvity  ef  it;  it  was  enough  to 
have  brought  any  person  into  the  plettoiinvn 
dene  it,  it  would  nave  been  «aUed  flying  in  the 
fiice  of  the  government,  4piestioning  the  jmiioe 
of  thn  nationft  and  sttch  hkn  cant. 


**»559]  STATE  TRIALS,  34CBAM.IS  II.  1682.— TWalo^  A.  7»«iji«iSS 


Si 

I 


388.  The  Trial  of  Nathaniel  Thompson,  Wiluam  Pai 
John  Farwell,  at  the  Guildhall  of  London,  for  « 
prlnthig,  and  publishing  Letters,  importing  that  Sir  Ed 
bury  Godfrey  murdered  himself;  as  also  for  several  P. 
relating  to  the  said  Matter  printed  in  several  Papers, 
"  The  Loyal  Protestaut  Inteiligeoce  :"  34  Charles  II 
1682* 

Dslt ;  for  tfasl  they  bv  (be  instigUk 
Dtn-il,  *<€.  the  ISth  ofOclobcr,  in  ilic 
of  this  kind's  rei^,  b1  Ibe  pariih  of 
le  Struiid,  in  the  county  of  tliddlnex 
with  6)Tce  and  amis,  in  uduponai 


On  Tuesday  tte  BOtli  of  June  IfiOS.  before 
the  ligiit  bonDurable  air  Friuicts  PfinberUiD, 
lord  cbief  justice  of  his  DiBJestVs  roiirt  of 
King's-bench,  by  Kisi  Priui*,  in  t'he  Guihlbnll 
oCthe  city  of  London,  csnie  on  the  Trials  of 
Nathaniel  Tlioiopsun,  William  Paio,  aiid  John 
Farwell,  npon  an  fnfortiiatiiin  hnuivht  against 
them  for  sereral  Trespaasps  and  Hisdeniearors 
ID  writing,  printing,  and  publifibing  Letlpis  im- 

'jHirting' lliat  air  Edmnnilbury  Godlrey  ntiirder- 
cd  biiiiBelf,  ax  also  fur  several  falsitit^  relating 

-to  the  said  matter  iirintud  in  aereral  papers, 
icalled  the  Loyal  PmteKlant  Intelligence.     And 

'thejurora  names  were  as  follow:  Petn  Hou- 
bloD,  John  Ellis,  William  Bairett,  Josboa 
Brooke,  Gerras  Bytield.  JnuathBo  Lee,  George 
Widdones,  William  Sambrooke,  William  Ja- 
comb,  Jufaa  Delmee,  Samuel  Bayly,  Samuel 

•  Howard. 

Tee  INFORHUTION. 
Fnrtbat  in  ITillary  term,  in  the  SOtb  and  3M 

Kars  of  this  king's  n'tgn,   in   llie  rourt   of 
ing's-beDcfa  at  Westminster,  bv  a  jury  of  the 
rouuly    of  Middlesex  were   ini)icted,    Kohurt 

-4!reen, Gerald,+  Clerk,  Henrv  Ilerry,  Law- 

ivoce  Hm,  Dominic  Kelly,  Bnd"Phill«rt  V.t- 


*  From  a  pamphlet  entitled,  '  TbeTrisJ  of 
N,  Thompson,  W.  Pain,  and  J.  Farwell :  upon 
an  Intbrmation  exiiibited  by  the  hint's  attorney 
g^merala^nstthem,  for  writing,  printing,  and 

Kblisliin^r  Libels,  by  «'ay  of  Letters  aniX  other 
ints,  reflecting'  upon  the  justice  of  the  nation, 
to  the  proceedings  against  the  murderers  nf  sir 
EdmunUbury  Godfrey,  at  Guildhall,  on  Tui's- 
doy  June  the  SOtli,  tC83.  Where  atter  a  full 
bearing  they  were  convicted  :  Toefether  with 
■n  Account  of  several  Afhilaiils  read  in  his  ma- 
jesty's court  of  Kinff's-bi'iich  anil  other  matters 
at  the  time  of  their  receiving'  Sentence.  To 
which  is  adde<l  by  way  uf  Appeoilix,  Several, 
other  AHidaviLs  which  lurlher  contirm  the  tes- 
timony of  Mr.  Prance,  givi^n  u|>on  the  Trial  of 
Green,  Berry  and  Hill  abiiul  that  murder,  with 
aome  (ibservalioiis  touchinir  the  said  TborapRon. 
FarweU  an.l  Pain.  London  :  Printed  for  Tho- 
mas Siiuinonit  at  the  Priiices  Arms  io  Ludgatt 
Street,  168!. 

■  1  do  appoint  Thomas  Simmona  to  print  the 
>  Triat.of  Nollianiel  Tliompsn,  William  Pain, 
'  and  John  Farwell,  and  that  no  others  prcsump 
■  to  print  the  same.  Fa.  Peubckton.  July  ibe 
•Stb,  168a.' 

t  Sm  Tol.  7,  p-  ii9,  of  tliii,Collectiaii. 


bury  Godfrey,  kL  in  the  jK«ee  of  Go 
bin^  then  and  there  being,  fdoiaoutlr 
aniTof  tlicir  malic*  afbrethonght,  ittd 
DiSBiih,  and  kill  and  murder  him  in  I 
ner,  via:.  Green  did  fold  and  ftrtrt 
handkerchief  about  his  neck,  and 
cliuoked  and  strangled  titra,  of  whidi 
and  Btrangliog  Iw  iiwluilly  died : 
others,  «iz.  Gerald,  Berr\-,  Hill.  1 
Vematt,  wni'e  present,  aiding,  abMIJ 
Ibrting,  awiisling  and  maintaining 
Green  to  bill  and  murder  the  said  « 1 
bory  Gmllrey  in  Ibrm  aforesaid ;  in! 
the  said  Green,  Gerahl.  Berry,  Hill,! 
Vematt  in  manner  aiul  fonaafonwd 
said  sir  Edmundbnry  Ondfrev,  H 
wilfiilly,  and  nf  their  malii<e  aforeths 
kill  anil  murder,  againnl  the  peace  M 
lord  the  kin^,  hi^i  crown  and  dignitf : 
indictment  allenvanls,  the  said  term. 
Robert  Green,  Henry  Berrj',  and  I 
Hill  screrally  pleaded.  Not  Goiliy, 
themselves  upon  the  country ;  nod  aH 
«iid  term  of  St.  Hillary,  "in  the  bm 
Kiog^-bench  at  Wratminster,  tor  ti 
and  murder  aforesaid,  by  a  jnry  oftfaei 
in  due  manner  were  tried,  antf  iherrol 
eonvictcd  and  altainted.'Ws  by  the  reco 
in  the  said  court  of  King's-beuch 
minster  remaining  more  liilly  ^pev 
said  Robert  Green,  Hcury  Iteny  and] 
Hill,  were  aHcrwarda  exemited  and 
dejtih,  according  to  the  form  and  dl 
judgment  aiwl  attainder  aforesaid.  Ai 
as  one  Miles  Prance,  upon  the  trial  i 
dictmf-nt  uforesaid,  was  produced  awi 
swum  liir  the  king,  and  gaie  iiialerial 
asuinil  th-  saiil  Green,  Beny  tot 
prove  ihem  itrilty  of  the  ItJooy  w 
aforevnid :  aiiJ  oup  Wiliijlra  B«Ul 
Bniwn,  Kli/Dlieth  Curtis,  Zai-bary  I 
and  Niebuljs  l^nni  bridge,  upon 
aftiresui'l.  were  ivrlnesfics  in  like  mn 
(hiced  and  su-orn  for  the  kina,  suds 
idenrM  agajniit  the  Mi 


Hill 


prove  then  gdi 
inler.     And  <dM 


1   ft'lmiv  and   munler. 


the  lime  of  the  kihaj  sad  a 


\ 


I         STATE  TRIALS,  34  Charlks  II.  l682.--/or  Mereral  LiMs.  [1362 


Rapists,  and  maintainers  of  the  Romish 
Aitums :  aod  the  said Gerald,  I>o- 

Kelly,  and  Philbert  Vematt  have  fled, 
oC  yet  appeared  to  the  said  indictracnt. 
vbcreas  also  by  the  coroner's  ini]iicst 
upon  the  Tiew  of  the  body  of  the  said  sir 
tidbury  Godfrey  lying*  dead  before  John 
r,  gfent.  one  of  the  coroners  of  the  said 
r  OT  Middlesex,  by  the  oaths  of  honest 
wful  men  of  the  same  county,  aboi  e  the 
5r  of  twelve  persons,  it  was  found  that 
1  malefactors  imknown,  feloniously,  and 
hr  malice  prepense,  him  the  said  Kir  F.d- 
tmry  Godfrey  did  strang^le  and  ohoak,  of 

he  died.    The  said  Nathaniel  Thonip- 
l^lltam  Pain  and  John  Far  well,  \\v\\ 
ng  the  premisses,  and  being'  persons  do- 
y  affected,  devising^,  practising*,  atid  with 
leir    strensrth   intending'  the  pc^cc  and 
on  tranquillity  of  this  kinjg^oin  of  fDmn^- 
1  distnrb,  and  as  much  as  in  tlic-ni  lay  the 
onrse  of  the  law  to  destroy,  and  sunrort 
lade,  and  the  justice  of  this  kins^dom  of 
nd  to  defame  and  scandalize,  and  as  well 
id  Miles  Prance,  William    I^pjIIoc,  John 
1,  Elizabeth   Curtis,  Zarhary  Skillarnr, 
las  C-ambriiliTe,  as  the  said  John  Cooper, 
e  honest  and  lawful  men  sworn  upon  iii- 
afbresaid,  upon  view  of  the  bo«ly  afore- 
lo  bringf  into  the  greatest  hatred,  con- 
,and  File  esteem  with  all  the  king''s  snb- 
■ad  to  deter  the  kiiig-'s  Rubje<'ts  from 
p,  detertingf,  and  proving  the  designs  uf 
ti  against  our  lord  the  king,  and  tho  true 
OB  now  by  law  establishr^,  and  impiously 
ickeilly  devisinsf  anri  intending  them  tho 
—  Gerald,  Doininick  Kelly,  and  Pliilhort 
tt,  from  undergoing  the  pains  and  sen  • 
I  by  law  u|>on  them  to  be  mflicted,  for  the 
T  aforesaid,  and  to  aid  and  assist  them  (al- 
h  they  be  Guilty)  to  be  found  Not  Guilty 
f ;  and  to  deceive  and  beguile  the  king^ 
Is  in  the  premises  with  their  false  affinna- 
ndai^umcnts,  and  cause  and  procure  that 
Jd  be  believetl  and  esteemed,  tnat  the  said 
,  Berrv,  and  Hill,  the  persons  for  themur- 
he  said  sir  l^dmundbury  Godfrey  as  afore- 
mvicted  and  executed,  had  been  convicted  '. 
centred  unjustly  ;  and  that  the  said  sir  \ 
ndlMiry  Godfrey  wnsfclo  de  5c,  and  him-  ' 
d  feloniously  munlered.    They  the  said 
[ison,  l^in  and   Farwell,  their  most  im-  - 
wickofi,  and  diabolical  intentions  to  ful-  > 
|ierfect  afterwards,    to   wit,  the  23d  of 
ir^-,  in  the  Hlfh  year  of  the  reign  of  our 
kvereifirn  bird  tbe  king,  at  the  {larisli  oi' 
TV  le  How,  Tendon,  \t  ith  force  and  arms,  ' 
iuM*]y,  unlawfully,  unjustly,  wickedly,  ' 
kbolically,  inadr*,  composed,  and  cause<rto 
ted,  a  certain  false,  scanda'ous,  and  de- 
pry    I«ibel,  entitletl,  •  A    liCtter  to  Mr. 
I  l*rance   in   relation  to  the  murder  of 
dmiindbury  Godfrey  :'     In  which  said 
imoiigst  other  things,  it  is  contained  as 
\j  *  And  hearing  that  the  Coroner's  Jury 
quest    were   first  of  opinion,   and    ac- 
ngly  declared,  he  wnjilo  </§  ir,  and  that 
«  YIU. 


<  there  was  much  art  and  skill  used  to  procure 

*  their  verdict  to  the  contrary,  more  parUcnlarly 

*  the  refusings  of  the  liody ,  at  their  instance  and 

*  request,  to  be  opened.'  And  in  another  *  ace 
of  the  same  Libel,  it  is  further  contained  as 
follows,  *  They    sa}',  that  if  a    man  or  any 

*  other  creature  be  strangled  or  hanged,  and 

*  his  body  cold,  and  the  blood  settled  in  the 

*  veins  (as  he  must  needs  l)e,  if  your  evidence 
'  be  true)  (meaning  the  evidence  of  the  said 

*  >Iilcs  Prance)  niii  twenty  swords  through 

*  such  a  body,  not  one  drojiof  IiIinmI  \>ill  come 

*  out ;  but  on  the  contrary,  his  body,  when 
'  found,  was  full  of  blood,  in   so  mueli  that 

*  (over  and  alwve  the  cakes  or  gn-at  gobbets  of 
'  congeah^l  putrified  blood  found  aflerwards  ii| 

*  his  deaths)  the  constable  when  ho  pulled  the 

*  swonl  out  of  bis  body,  it  crashed  against  his 

*  back  bone,  and  gobbets  of  blood  and  watcc 

*  crushed  orgubl)lcci  out  of  that  wound  in  abun^ 
'  dance,  not  only  in  that  very  pUicc  where  the 

*  sword  was  pulled  out,  but  m  all  his  passage 

*  to  the  White-house  ;  especially,  there  where 

<  his  body  was  lifted  over  two  high  stumps,  and 

*  also  when    he   was  laid  upon  the  table,  the 

*  blood  and  water  so  issued  out  of  that  womid, 

<  that  it  run  from  off  the  table  a(>on  the  floor, 

*  and  from  thence  into  the  cellar :'  So  that  they 
do  aver,  that  that  wound  that  he  received  by  that 
sword,  must  of  necessity  be  the  cause  of  his 
death.  And  in  another  part  of  the  same  libel, 
it  is  further  contained  as  follows,  *  Tliey  ob- 

*  serve  that  Bedloc's,  before  the  Committee  of 
'  liords,  and  your  evidence  in  relation  to  this 

*  (^ntleman's  fleatli^are  as  diflrrcnt  as  the  East 

*  w  from  the   West ;  for  you  dog  him  out  of 

*  St.  Clement's,  the  other   decoys  him   from 
,*  Charing  Cross ;  you  swear  he  was  strangled 

'  with  an  handkerchief  near  the  stablt*s  going 
^  to  the  water-side  ;  Ijedloc,  that  he  was  niiio- 

*  thered  Mith  a  pillow  in  a  room  iu  the  great 

*  court  in  Somerset- house  ;  you  say,  hv.  took 
'  horse  at  8oho  ;  Heilloc  says,  thai  he  took 
«  coach.at  Clarendon  -house,  with  many  more 
'  such  like  contradidions  ;  and  considering  the 

*  old  proverb,  fore-warne<t,  fore-armed  ;  a  fur- 

*  ther  and  fuller  account  of  the  whole  mat* 
'  ter  exi>ect.'  And  that  the  said  Nathaniel 
Tliompson,  William  Pain,  and  John  Fai'well, 
their  most  impious,  wicki>d  and  diabtdical  in- 
tentions to  fulfil  and  jicrfect,  aflerwards,  to  wit, 
the  Tid  day  of  Mnrrh,  in  the  siiid  fUth  yearot 
the  reign  of  tlu'saiil  late  bird  the  king,  at  the 
said  parish  of  Si.  Mar^-  l<r  How,  l^mdon^ 
afiiii>s:iid,  with  foirc  and  anus,  Vc.  falsely,  un- 
lawfully, iinjiistlv,  eiilly,  iiialieioiisly,  scan- 
dHlously,  and  diabolieaily)  made,  coiniiosed, 
and  caused  to  hv.  pi-inteil,  anoihcr  false,  scan- 
dalous, and  di'faiuiiig  lilx-1  ;  entitled,  <  A  8c- 
'  c«iiid  Li.'ttrTto  Miles  Pran..T',  in  repK  to  tlu: 
'  CilirKit  of  sir  I'Miuiiiidbury  (MnUrey.*  Inwhicli 
last  mentioned  libel,  umongst  other  things,  it 
is  further  eoiitHined  as  follows,  •  Next,  whereas 

<  my  lettfT  saitli  (and  that  truly)  That  the  Co- 

*  roner's  Jurv  weit;  fin»l  of  opinion,  and  ac- 

*  rordingly  i1eclan;d  he  \tas  J'tio  desc  ;  and 

*  that  much  art  and  skill  was  used  to  uc<\c>sl\% 


•  power  was  concealed  tnim  and  denied  tlie 

•  jury.'  And  in  another  place  of  the  same  last 
mentioned  libel,  it  is,  amou^^t  otlier  ihiiic^, 
contained  iis  follows  :  *  lie  is  to  understand, 
^  that  ^Ir.  Brown,  llic  two  siii'jjfeons  (meaning 

•  the  said  Zachnrv  SUiliarnoaudNirholasCnYn- 

•  bridge)  and  Mrs.  C.'ii tils,  arc  not  competent  (nor 
*'  can  be  material)  \\  itiiesscs  in  this  case.'  And 
in  auother  place  of  the  same  last  mentioned 
libel,  it  is  further  contained  as  follows  :  '  But 

•  Mr.  Prance,  it  will  \k}.  fully  proved,  that  the 

•  body  was  full  of  bloofi,  and  that  there  were 

•  caketi  or  jLCohbels  of  dried  blood,  found  in  his 
*cloalli:s  which,  with  his    body,  stunk   ex- 

•  treuiely :  And  it  will  In?  also  fuUy  and  effec- 

•  tually  proved  that  his  c  yes,  nostrils,  and  cor- 

•  ners  or  his  mouth  wciv  fly-blo«n.'  And  in 
fn('ther  place  <if  the  same  Inst  mentioned  libel, 
«mong  otlii»r  tliini,^,  it  is  contained  as  follows : 


•  that  what  yon  and  he  swears  is  ^  cry  contra* 

•  dictory.'  And  iu  another  plac<i  of  tlie  same 
last  mentioned  libel,  amoui^st  other  things,  it 
is  further  contained  as  folIoM  s  :    •  But  I  can- 

•  not  omit  to  take  further  tioiice  of  Mrs. 
'  Curtis's  ufHdavit,  in  relation  to  the  wax  found 
'  upon  the  cl(»t*he<i,  in   w  hich  I  cannot  say  Injt 

•  she  may  swear  true  ;  but  this  I  do  averj  that 

•  if  it  be  so,  those  (h'ops  wcie  put  upon  the 
'  cloatlis  Ionj«-  after  he  was  foumt,  and  after  the 
•jury  had  sat  on  the  body  ;  fcr  there  was  no 
•"sucii  thing  tlicn  on  the  cloaths.     And,  I  sup- 

•  pose,  this  was  some  artifice  used  by  those, 

•  who  either  otitof  interpst  op  d^»«i<ni-  vnro  dis- 


mal me  sam  ^^amaniei  im 
Pftin,  and  John  Farwell,  in  tl 
secuting,  falsly,  wickedly, 
tlieir  contrivances  and  inte: 
with  force  and'  arms.  Sec.  fa 
wickedly,  maliciously,  and 
|H>scd,  and  caused  to  be  printo 
false,  scandalous,  and  delamat< 

*  The  Loyal  Protestant  Intell 
which  last  mentioned  libel,  am; 
it  is  coutaiue4l  as  follows: 

*  Janeway,  in  this  Day's  Merc 

<  answer  to  the  late  Letter  to 

<  This  is  to  give  him  and  all 

*  that  such  an  answer  is  im^ 

*  by  the  author  of  that  letter, j 

*  but  to  prove  every  tittle  of 

<  satisfaction  of  all  roankuid 
'  is  very  desirous  that  the  C< 

*  in{7  to  his  last  Packet  of  Ad 

*  would  go  on,  and  tise  his  in 

*  the  lord  mayor,  court  of  al( 
'  mon  council  of  Iiondon,  tn 

*  of  that  letter ;  whereby  it 

*  \  itably ,  that  there  is  not  one 

*  affected  nerson  concerned  i 

*  the  proof  of  the  particulars 

*  same  (with   divers  other 
VKtnnces  relating  to  the  nmrcl 
'  bury  Godfrey,  and  the  fn 

*  upon  the  world  in  relatitir 

*  more  fully,  plainly  ami  e 
'  \^ilhoiU  i(ivinj»:  ill  woiils,  < 

*  giiage,   or  rclhctions    to 

'  really   an%  or  supposed  ti 

*  <Trn(:l  in  iiiiv  <ilr<:innst:inc'" 


STATETRIALS,  3*  Ciiaki.f.sII.  l6S2.—fartnerai  Libeb.  [13S* 


rfbre  the  lords  of  his  iDBJesty'K  most  Iionour 
He  pHvy  council,  ahout  the  Ictlen;  to  Mr. 
CIm  Pnnce,  ciiiiceniing  the  dcalli  of  sir 
linnmHiury  (jodfrpy,  where  lip  jusli'ied  the 
Mtrr,  and  prmluccil  ilie  authoni,  who  arc 
■dy  to  prove  (hv  iniileniahle  anil  suhxtnnlial 
Amhm,  not  in  die  least  Kccuse*!  or  iiusiiect«<l 
fpOI)fTj,  an  tht  mnlieiuuN  iiai^'  ilo  mig^'sl) 
M  erery  titlle  and  iota  ol  IhiMc  lettrrx  are 
hL'  And  that  in  another  inrt  iit'  Ihe  hut 
MiMm)  liM,  antiinnst  otiier  things,  it  im  ciin- 
Mm  follows:  'Mr.  Tlioinprinn  and  the 
HfemMi  liin  trionds  ari:  to  attend  tlie  next 
MneDlay  at  council,  where  they  <lri  not 
Mk,  but  that  hiinonrnhk:  Itoanl  will  put 
lMintoaiiu>thodt<i(irovothewh«!c,  or  any 
Riciilar,  which  their  hoii^jurit  in  their  RTCat 
Bdom  Bhall  think  mmieiiieiit  hi  lie  fanni<t;lit 
tbe  test  or  examinatniii.'  And  luilher,  thnt 
•aid  Nathaniel  Tboiiipsou,  &c.  tlii:  2^tit 
ot'  F«briinrv,  in  tlw  abovenaid  31th  ynir  of 
•aid  lord  tjie  \iV'g;  and  divers  etker  ititys 
tiRtes  betwivt  the  said  SSil  of  l-'ebniary ,  nnd 
albmud  34th  ii'ear,  aud  the  ilay  of'eibi- 

Sof  the  sud  mfurinatiun  at  the  |>arish  of 
aiy  le  Bow,  Tymdon,  afDresBi<l,  know- 
f,  mud  ertry  of  them  knowing  the  Mid 
cal  libels  to  be  talse,  mnlicioiui,  scandalmia, 
■adiuoiu,  with  Ibrce  and  nnu*,  f^c.  falsly, 
MvfiilJy,  unjustly,  wickedly,  maliciuusly, 
HlaloMly,  t^itiously.  anil  deriliflily,  the 
lalae,  liulicinus,  scanilaluus  awl  nnlitious 
a  uttered  and  pnbrblied,  and  each  of  lliem 
nd  and  nnlilishptl  in  manitcst  conti'iiiiit  of 
Iws  of  uiis  kin^ilom  of  England,  anil  ti>e 
bU  and  defamation  of  the  jiublic  juMiee 
be  Mine,  tn  the  nil  exuinpleof  all  otliera 
lu  case  oifendinir  ;  and  oLiiinHt  the  king's 
9e,  his  crown  and  dignity,  xc." 
hen  proclamation  fur  information  brinj; 
Ib,  3fr.  'niampson  arniiainleJ  my  lord  and 
jury  with  the  effFCI  of  tlie  inriir'maliun  as 
ma: 

Ir.  Ifumpton.  My  lord,  nndyoupmtlcmMi 
M  jnrv,  this  is  aii  inlbrmalKin  a^iiist  ?iu- 
im  Ttioniiwon,  ^Villinm  l*iun.  and  John 
KwU,  and  it  n  for  wiitinsr  uuil  prinlinjf 
Tkl  srandalouH  liliclii,  alxxi;  the  death  nf  air 
nnndbur^-  Godfrey:  In  which  i;-e  set  forth, 
tim!!).  Berry,  and  Hilt,  were  imlieted  for 
munlcr  of  sir  F.  ijiidtrev,  nnd  thercnf 
rictHl  and  attainted ;  anil  that  Itie  xiiid 
m,  BefTj-,  and  Hill,  were  execute]  fur  it; 
t  upon  their  trial  for  that  matter  uivernl 
liiasii  mil  I  iniiiiiiril,  nnmil]'.  Mr.  I'rnncc. 
W,  and  Curtis,  and  aereTBl  others  to  ]in>»e 
E.  Godfrey  murdered  at  Someniet-liuiiKC: 
I  before  the  trial  Ihnre  was  an  intjueiit  t;iLcn 
lu  coroner  of  Midillest^,  by  which  it  d(ii-s 
HU",  thai  sir  E.  Godfrey  was  munlcrcd  hy 
!nl  pet  WW  uoknawii ;  iind  that  the  de- 
hnta, 4a  reflect  upon  the  jiMireof  the  na- 
,  and  wwidalixe  ifae  witnHiseit  prulin-cd  at 
I  trill,  BBd  to  make  it  believed  Itiut  thcae 
■■•  dial  wrongfully,  did  write  anil  print 
■■■■■'        *  ■         ,  oiJe  of 


ngfuUy,  did  « 
I  IiMb  awl  1 


Iheni  entittii),  '  A  letter  lo  Miles  Prattcc,  con- 
'  ccruinfr  the  niimlcr  of  sir  Edmundtiiiry  Gud- 
'  frey  ;'  und  in  these  l-.'tters  did  suipjesl,  as  if 
he  hail  bMsn/cfo  dc  le,  and  ilnrellcctupou  c%ery 
one  «f  the  nitiicsses,  as  if  tht-y  coutradicled 
themselves-,  and  also  do  reHerl  up  iti  tlie  corv- 
uer,  ns  though  he  liad  bribail  ilu:  Jury  ;  and 
ilii  iiruliTtiikc  bj'  these  arfruincntii,  and  'several 
ntlirrs  (tliat  jnu  wiH  hear)  lo  pr.ne,  that  i>ir 
E.  (iiKlfrey  TUKntcrctl  hiinsel!'.  And  that  in 
atiuther  IiIk-I  tlnit  'lltiiiunson  ji/iutrd,  called 
bis  •  lrf>vBl  I'nitCAiniii  InteiliifrrK-L-,'  lie  says,  he 
will  iiiiiteit  out  liy  acloudoru'itnesscs.  'This 
ne  say'  is  a^aiiis;  the  gieaec  ut'  the  kin!',  and 
delliniingr  ot  the  justice  i>f  the  nulion ;  If  utt 
|iT<iie  this  matter  upon  ijiiia,  yuu  are  to  And 
then)  guilty. 

Nerj.  ^'aynard.  >ly  lord,  the  matter  ^^hick 
you  lukve  now  betbrc  yuu,  in  us  iuipudeUt  a 
thin(>:  as  ever  ws:s  done.  Gmlleinen,  sir  E. 
Godfrey  was  iiiunlercil,  and  Green  and  the 
conli'ivent  of  it  have  been  executed  tor  it ;  the 
matter  bath  pasted  the  exoniiuatiou  of  tha 
rnrlianieiit,  and  the  king  and  council  and  oEl : 
Now  this  Hiompson  is  a  printer,  1  may  as  weQ 
say  o  printer  ol  libels,  for  he  does  constantly 
print  libels  against  tlie  religion  establuhei),  and 
the  justice  uf  the  nation.  The  Jiu'y  that  wera 
impamielted  upon  llie  coruoer'siDquesl,  be  sava 
of  tlicni,  that  they  at  tirsi  did  agi-ec  that  L* 
murdered  liimseli;  and  al^erwards  did  re- 
turn, and  find  that  be  nns  munlertd  by  olhcra. 
Genllemrn,  it  is  plain  thn;  he  was  uiurilcred  by 
othei's.  iind  the  particular  perions  hare  been 
tried  lor  it,  and  tiiuiid  guilty.  Now  this  per- 
son bI'iit  all  this,  >\  hat  doc-s  he  do  ?  He  take* 
U(Mn  him  (o  write  a  letter  to  Prance  (I'rance 
was  one  i-f  the  wituesseo  in  tbut  case)  Iw  write* 
it  hv  the  name  ot'  a  letler.  but  it  is  a  Ibul  and 
» icliMl  libel ;  and  thcnHn  ('tis  too  Imig  lor  me 
to  mciitiiin  tin-  parlieulan;)  he  scainhilizcs  the 
public  justii-e  of  the  nation,  lie  undertake*  to 
vindicate  the  murricTcn,  aud  to  c.ecuse  the 
pmceedings  of  the  iLitinn.  Uut,  gcullemeD, 
we  will  prove  these  men  t^iilu  of  fniiiiinif  and 
publishing  oftheic  uii-kL-d  libels,  nnd  that  is  ad 
tbaiisuwllul  to  be  Uciue  upaa  the  pwnt  uf 
ciidcncc.     We  will  vail  our  wititesses. 

Tlien  Mr.  (.'larcwas  swoin,  and  proilucvda 
c(lp^■  of  tlw  ri'conl  i>f  the  eKtiTiciivn  und  attain- 
der of  Green,  Ik-ny.  and  Hill,  liir  the  murder 
of  ^ir  K'hnuii.lbury  Gmllu  y.  A*  also  a  wpy 
of  the  intiuisilion,  taken  Itv  ilii-  Coroner  of 
Middlcwx,  uponthi-  v iew  of  the  hwly  «f  iW 
said  sir  l-Miuuitdhuiy  lioillrcy.  » hereby  it  is 
found  thalheuii4iniiTi!iTeil  by'tlu'iu,  siiOAgled 
withaconlb\  |H'r.'ion»  uiikuown.  Itnib  wbirh 
(Mr.  I'lare  liuving  swcru   tu  bo  true  coptol) 

I..  C.  J.  (Sir  l-'miK  ,s  l*.uiUTt»n.l  Thia 
mntterofhisbi-iiig  thus  sirauitleir'.  was  Itnind 
liefiire  it  UHsdiscutlT•^l  wtto  did  the  miiidiT. 
It  was  ii|H<n  the  sichl  of  the  IhmIv.  and  ibej 
supiMM-d  it  III  hi-  diiuo  bv  a  tonf.  but  atkrr- 
u-anbi  itvaiiu-   lo  Itvhl  1^  itwu  <lnM  Mlk 


ia67]  STATE  TRIALS,  34  Charlies  II.  i6&2.—TnalofT/umpumcndiilhtr 
Mr.  Thompyin.  (To  IbeiwauBel  of  ifaedeleTi-     '  Miles  I'nuicc,   io  relalion  lo  ibeM 
dants)ifyou  nill  put   us  to  prove  oil,  we  must    '  ur  Eduiuudbuty  Godfrey-'  ^iDIq 
proTe  tbattliese  men  weK  executed.  /..  C.  J.  All  ui'it- 

_        -    r,  ■  I      .  ll*^J  '»  in  ^ea*  word*  j  Sir   Pmi 

TluiaCaftaiaHKhardmn  wsb  sworu. 

I.  C.  /.  Were  tliise  men  executed  for  tliis 
fnunltr  T 

Capt.  RUh.  Yes,  I  gow  thcra  executed. 
'I"heii  Mr.  Prance  was  swofO. 

Mr,  Thompunn.  Dill  j'ou  givterideoce  upon 
tl)K  trial  of  Green,  Berr}',  and  Hill,  fur  the 
murder  <if  sirEdmuudbury  Godfrey  ? 

J'runre,  Yea. 

Mr,  TTiorapi.  Do  you  remember  that  Biown 
VM  a  uitness  tuti  ? 

Pnwc^,  Yes,  Brown  was. 

Mr.  T/u/mps.  Was  Curtis  a  witueaa,  and  Itlr. 


TLen  Citrd'i  wai  snorn. 

Xr.  TVimjiJ-  Were  you  a  ^rilueas  at  tlie 
Trial  of  Given,  Berry,  and  llill  ? 

m«i.  V^yiU.  Yes,  1  was. 

Thi'niiir  JthnPiicbnlagianil  sir  Philip  Llnyd 
nul  WttCaui  liridgmad,  em\.  irere  swara,  and 
diD  tiMilcnsftiiiliieinlbnutiaa  werediewed 

'  'X.  C.  /  Were  4ese  sliewed  to  the   defen- 

dauls,  ITioiupscii,  and  Pulii,  and  KarHtiH,  al 
Ihe  cuuiieil  r 

Sir  P.  Uogd.  These  were  the  same,  1  know, 
because  they  aie  endorsed  by  my  1md<I  ; 
Tltampson  uwucd  the  printing'  of  both,  and  oni? 
other  of  the  defendants  oivued  the  writiug  of 
one  of  them,  and  the  other  uf  ibe  uthei-. 

L.C.J.  But  Thompsuu  owned  the  printiruf 

Sir  P.  Uoi/d.  Yes,  my  lord. 

&/.  Ccn.  Did  Pain  and  Karwcll  omd  the 
brinKing  of  both  to  Tbompiiun  to  print  ? 

Sir  P.  Lloi/d.  Ooe  owned  the  one,  and  ibe 
other  the  other. 


Mr.  SaunJen,  of  counsel  for  Pain,   said 
air  Phil.  Lloyd,  Did  Pain  or  Parwcll  own  that 
they  broQK'ht  both,  or  one  the  one,  aodttteolber 
the  other? 

Sir  P.  Lliii/d.  One  the  one,  and  the  other 
the  other. 

Mr.  Sounders.  Then  pray,    sir,   which 
Aat  Farwell  did  own  ? 

fifir  P.  Llejd.  My  lord,  my  own  memory 
noea  not  teU  me  which ,  but  here  are  notes  sny 
that  Fiu-neTI  owned  the  tirsi,  and  that  Pain 
owned  tlia  second. 

L.  C.  J.  Do  you  lieiieve  tliem  to  be  true  ? 

Sir  J.  Nickalus,  Yes,  sir,  I  took  IJie  uolett. 

Mr.   YalJiiig.  Did   Iil*  readily  diaeo>er  his 


^AtMeiu: 


Sir  P.  Llmd.  Yea  he  did. 

Ttielilla  in  thus,'  ALAOMlobb:. 


"  Mr,  Prance  ; 
"  PerceiTing  by  some  late  punjAk 
rumoursi  raised,  as  if  tiiere  vena 
used  to  asperse  your  evidence  in  reUli 
death  of  6ir  E.  B.  G.  and  U>  la;  tin 
upon  himself.  And  rcmembenDg 
stemation,  which  then  mn  id  all 
miiiJs,by  thcdiacotery  at  that  time  u 
ful  atid  most  horrid  Pupiali  PiM.  -mX 
sioned  diiera  to  report,  atid  mvct 
(even  seieral  dajs  befure  the  dead 
Ibuuil}  that  he  wa:i  murdered  by  itu 
Somcracl-houBe.  And  lieoiing  iha 
aer'»jnry,  or  inquest, »««  fint  of  «| 
aeeordiii({ly  declannl  be  was/*^ 
that  ilierc  waa  roueh  Mt  and  skill  i 
VMK  tbi?ir  verdict  to  the  ewutrafy  \ 
ticularly,  tbv  ndiuing  of  the  body  { 
Slaucc  aud  request)  to  ho  upeoed  i 
LU]£  tlw  asM<4laiice  of  the  cereoer  at 
aW,  (>vhi>  ia  lakeu  tmtiae  at'to  b 
and  iai|»rtial  mm  m  Ibe  ratecotHHi  < 
wlio  waadMtvd  IW|  and  did  idtend  1 
puae,  but  was  disinisaed   with  a 


111^'  I 


.,    .__.    biiaiiiess,  p^irtly   for 

cbiedy  Ibr  the  truth's  sake,  to  n 
cuc|uiry  into  Ibe  farther  causes  oft 
rumours,  and  do  fiud  these  jiarti 
much  urged,  and  discoursed  <tt',  (* 
"  I,  In  opposition  to  the  endence 
do[fj^«l  up  and  down,  aud  liidged 
house  at  St.  Ctemedt'a  ou  Satun 
of  October  1678,  (being  the  day 
missinir.)  It  is  nfflrnied,  be  wei 
house  that  very  Saturday  momin) 
o'clock  (whirb  is  the  last  lime  be  e' 
Ibither)  and  about  tea  that  forenooi 
fields  walking  towards  Marybone 
parish  his  dead  corps  was  afterward 
was  there  met  by  a  brewer  ia  St.  < 
discoursed  with  Dim  ;  and  ahoat  e 
same  day  he  was  seen  passiD^ 
Cook's  luilgings  near  die  Cock 
which,  he  was  seen  in  St.  MaKiii'i 
by  the  church,  and  down  Churcb-l 
Hiraud  ;  about  one  passed  by  the 
Mr.  Itatclilf  an  oilman  in  the  Siran 
atiei'  was  met  tu  the  back  court  of  Iv 
by  two  gentlemen,  who  observed  fa 
a  suddmi  turn,  and  to  gu  out  at  the 
they  went  out  at  that  door  also,  aiud 
bun  turn  the  corner  wall,  between  ' 
and  'i'urn-Stile,  lie  was  met  hy  b 
law;  and  that  a  person  living  neat 
hill,  declared  belbre  divert  persoDs, 
hiiu  uliuiit  three  that  Saturday  in  ih 
walking  in  tUusc  fields,  his  usual  w^ 


Ite 


1         STATE  TRIALS,  34  Charles  II.  l682^0r  uteral  TJbeh.  [1370 

tremely ;  liis  eyes,  nostrilH,  and  romers  of  his 
month*  were  fly-blown ;  all  which  must  na- 
turally he  by  his  beincc  ro  long  in  the  nir. 

"  iv.  They  say.  That  when  a  man  is  stran- 
gled, or  han«red,  his  eyes  ^ill  be  extorted,  U\^ 
tace  will  be  swelled  and  blaek ;  whereas  hi<. 
eyes  were  shut,  his  faee  wa«  pale,  only  the  left 
part  of  his  chin,  with  his  breast  and  belly  be- 
ing' next  the  earth,  were  putrified,  and  looke<l 
of  a  blue  and  grei^nish  eolouv,  more  especially 
about  the  wound ;  for  that  the  blood,  w  heu 
hot,  runnint;'  to  the  wound,  cauwd  the  greater 
putrefaetinii  in  that  place:  whereas,  if  th«r 
wound  hud  bciMi  nkad<;  after  he  was  dead  and 
eold,  the  rest  of  hi^  boily  would  hare  putrified 
as  soon,  and  as  much  as*  there. 

**  V.  They  say/fhatthecIeannLssof  his  shoes 
makes  against* your  evidence;  for  his  shoe«; 
were  cleaned,  or  rather  glaziil  on  the  very 
bottoms  of  the  soles,  occasioned  by  his  walking 
in  the  f^nas,  and  ^rass-seeds  were  ol)<;erved  to 
stick  in  the  seams  of  his  shoes :  nnd  besiiles, 
there  was  not  one  s|»eck  of  dirt  ou  his  clothes, 
or  lepi,  not  so  much  as  a  horse- hair  sticking' 
thereon  ;  whereas  the  constable,  and  those  that 
went  with  him,  were  dirtied  and  moile<]  up  to 
the  very  saddle -skirts,  and  not  easily  to  be 
cleaned ;  and  Mr.  Prance,  you  know  that  a 
tall  dead  man  on  horse-back,  cannot  lift  up  his 
legs  to  save  them  from  the  dirt. 

^*  VI.  As  to  the  looseness  of  his  neck,  and  the 
rim  or  green  circle  about  it,  they  say  they  are 
ridiculous  and  impertinent  arguments  against 
80  many  demonstrative  ones ;  especially,  when 
there  is  not  a  nurse,  or  any  woman  of  age, 
that  hath  buried  any  relations,  but  w  ill  tell  you 
it  is  very  common  ior  people  to  die  with  necks 
as  loose  as  his  was.  And  the  rim  al>out  his 
neck  was  so  far  from  being  like  one  made  with 
a  cravat  or  handkerchief,  that  it  se«^ms  to  be 
occasioned  by  the  great  height  and  stiffness  of 
his  collar,  which  was  fast  buttoned  about  his 
neck,  and  on  which  his  head  rested,  and  was 
unbuttoned  about  ten  o'clock  the  next  day, 
before  the  coroner  or  jury  came.  But  if  that 
rim,  or  those  bruises,  that  your  evidence  seems 
to  make  the  cause  of  his  death,  were  really  so ; 
then  they  alledge,  that  in  such  ctLse,  the  whole 
mass  of  wood  would  havesetfleil  there,  and  his 
neck  and  bruises  would  have  swclletl,  and  have 
been  perfect  black,  which  was  not  in  his  case. 
"  VlI.They  also  say,  That  all  these  matters  are 
notorious,  and  will  oe  proved  by  divt  rs  credible 
and  undeniable  eye  anil  ear-i\'ititesscs :  and  be- 
sides, they  ohsem*,  that  Be<li«»e's  (before  the 
Committee  of  Ijords)  and  your  evidence,  in  re- 
lation to  this  ^entleman^s  iltnth,  are  as  different 
as  the  East  is  from  the  West ;  for  you  dog 
him  out  of  8t.  Clement's ;  the  other  decoys 
him  from  Charing- cross :  You  swear  he  was 
strangled  with  a  handkerchief  near  the  stables 
going  to  the  water-side ;  Bedloe,  that  he  w  as 
smothered  with  a  pillow  in  a  nium  in  the  great 
court  in  Somerset- house.  You  say,  betook 
horse  at  Soho  ;  Dedloe  says,  he  took  cuach  at 
Clarendon-house ;  with  many  more  such  like 


•*  II.  They  say,  the  plaoe  where,  and  the  pos- 
vbereiii  he  n  as  found,  are  very  remarka- 
Ab  to  the  place,  it  was  in  a  ditch  on  the 
«f  Primrose-hill,  surrounded  with  divers 
fienoed  witli  high  mounds  and  ditches, 
near,  only  some  deep  dirty  lanes,  made 
r  for  conveniency  for  driving  cows  and  such 
CAttle  in  aud  out  of  thegnniods ;  and  those 
lanes  not  coming  near  500  yards  of  the 
I,  and  impossible  for  any  man  on  horse- 
with  a  dead  corpse  before  him  at  midnight 
.pproach,  unless  gaps  were  made  in  the 
ds;  as  the  cousUdble  and  hHk  a.ssistant8 
by  experience  when  they  came  on  horse- 
thither.     As  to  the  posture,  his  breast  was 
ttoned,  his  waistcoat  and  shirt  put  up, 
sword  run  in  under  his  left  (vfip  next  his 
the  point  coming  out  at  his  right  shoulder 
sixisiches,  his  left  ann   doubled  under 
'00  which  his  head  seemed  to  lean)  and 
bt  arm  btiff,  stretched  out  upon  the  bank, 
-- »Jv  and  breast  bein^"  suppoi-tiM  by  the  side 
the  Mnk,  his  knees  knit  together,  and  with 
hips  a  little  bending  or  dimbling  under 
And  they   infer  from  thence,  that  he 
a  tall  raw-boned  man,  (after    he  had 
sereral  days  dead)  couUl  never  be  crooked 
as  to  be  crammed  into  a  sedan,  (which  are 
low  built,  and  difficult  to  be  carried  with 
jr  braces,  much  more  as  you  evidenced, 
cords)  then  straiteneil,  and  his  legs  opcneil, 
mounted  on  horseback,  and  then  put  into 
posture  be  was  found  in,   and   stiflened 


**  III.  Now  although  the  matters  aforesaid 
vajF  be  said  to  be  only  circumstantial,  yet  they 
undeniable  arguments  f^ainst  your 
,  viz.  They  say,  that  if  a  man,  or  any 
creature,  be  strangleil,  or  hanged,  and 
body  cold,  and  the  blood  settles  in  the 
inSy  (as  he  must  needs  be,  if  your  eyidence 
true)  run  -SO  swords  through  such  a  body, 
^  one  drop  of  blood  will  come  out :  but  on 
oootnuy,  his  body,  when  found,  was  ftill 
Uoud,  insomuch,  tiiat  (over  and  above  the 
or  great  gobbets  of  congealed  putrified 
fbiud  afterwards  in  his  clothes)  the  con- 
when  he  pulled  the  swonl  out  of  his 
feadTy  it  crashed  ag^nst  his  back -bone,  and 
jpbiofts  of  bbod  and  water  gushed  or  gubbled 
iMift  of  that  wound  in  abnnuance,  not  only  in 
$hmi  very  place  where  the  sword  was  pulled 
Wtatf  hat  m  all  his  passa^  to  the  White- house, 
Mpnriidly  there  whei'e  his  body  was  lif\ed  ovei- 
two  high  stumps ;  and  also  when  he  was  ]ai<l 
upon  Uie  table  ^e  bloo<l  and  water  so  issued 
Mi  of  that  wound,  that  it  ran  from  off  the  table 
■pon  the  floor,  and  from  thence  into  the  cellar ; 
ff»  Aat  they  do  aver  that  that  wound  that  he 
mcwred  by  that  sword,  must  of  necessity  be 
dw cause  of  his  death.  And  they  take  notice, 
thai  so  much  of  the  swonl  as  was  in  his  body, 
was  discoloured  and  blackish ;  nnd  that  part 
that  euue  out  at  his  back  was  of  a  dullish  co- 
and  the  point  thereof  was  rusty ;  also, 
the  ckrtbes,  beh,  and  scabbard,  were 
to  raga;  his  body  stank  ez- 


seen  a  prolix,  railin^^  anil  impertinent  pamph- 
let, intitled,  «« Sir  £.  B.  G.'s  Ghost,"  and  pre- 
tended to  he  an  answer  to  my  said  letter.  And 
oonceiTin^  you  are  better  acquainted  with 
ghosts  than  myself,  I  thought  fit  to  direct  my 
answer  to  that'Ghost  to  you,  and  thereby  shew 
the  ridiculousness  thereof  as  also  vindicate  the 
truths  contained  in  my  said  former  letter,  and 
shew  you  and  the  world  further  circumstances 
tx> justify  the  same;  and  therefore,  according 
to  the  method  of  my  former  letter,  I  shall  new 
proceed  by  these  heads : 

<*  And  first,  not  understanding  what  the  Ghost 
means,  by  arraigning  the  justice  of  the  nation, 
unless  he  would  assert  that  all  that  are  legally, 
are  likewise  justly  hanged ;  and  so  conse- 
quently, that  the  mother  and  her  two  sons 
were  justly  hanged  in  Gloucestershire,  for  the 
murder  of  the  lady  viscountess  Cambdcn's 
steward,  though  he  afterwards  appeared  alive ; 
and  I  do  not  find  that  ever  his  appearance  ar- 
raigned the  justice  of  the  nation.  And  remit- 
ting the  consideration  of  Mr.  Brown's  the  sur- 
geons, and  Mrs.  Curtis's  evidence  in  relation  to 
the  Mood,  to  its  proper  place  ;  and  affirming, 

Ss  the  truth  is)  that  Mrs.  Cclliers,  Mrs.  Mary 
ibbon,  the  Newgate  priests,  .fames  Magraph, 
and  all  other  Irishmen,  or  Irish  evidences,  or 
other  papist  or  papists,  or  popishly  afiectcd 
persons  whatsoever;  as  also  those  concerned 
in  the  late  sham  of  his  having  hanged  himself, 
are  stran^rs  to,  and  had  not  the  least  know- 
ledge or  mtimation  of  the  contents  of  my  said 
lormer  letter,  nor  any  way  concerned  therein, 
or  in,  or  with  any  part  thereof,  (as  the  said 


insinuate,  as  if  that  letter  rei 
reputation  of  tlie  jurors,  wb( 
no  such  thine:  implied  or  intcD 
known  to  be  honest  men,  of 
and  free  from  fraud  or  guile, : 
the  easier  to  be  over-reached  I 
tliose  and  that  party,  whose  i 
deceive  them,  and  who ne^er 
unturned  to  attain  their  dcsiip] 
but  observe  how  skilful  and  i 
people  still  are,  to  hide  and  pn 
that  man's  death  from  clearl 
shining  forth,  as  without  doi; 
must  do,  was  not  the  matter 
puzzled  with  legends,  and  Ion, 
to  the  purpose.  And  as  to  th 
rant  for  burying  the  body,  a 
Ghost,  it  is  notorious  they  ai 
used  by  men  of  his  profc^sc 
money  is  like  to  come)  will  m 
jury,  and  then  make  sucli 
knowing,  that  if  the  verdict  1 
then  out  of  their  power  to  gi 
the  corps.)  And  it  would  be 
the  coroner  would  declare  wh 
that  job,  and  of  whom,  and  i 
had  to  induce  the  jury  to  fin 
sition  imports)  that  he  was 
linen  cloth,  a  matter  of  fact  e 
spoken  of,  until  you  came 
dence,  which  was  not  in  » 
And  I  do  again  aver,  that  the 
by  the  jurors  to  be  opened,  a 
and  if  the  body  was  in  their 
power,  (as  the  Ghost  insinc 


STATE  TRIALS,  84  CHAaLMii.  l68C-^  «0«mi/ JUftr /li.         [1574 

leforeit  was  found,  was  Derer  prodnced ;  I  joints,  docs  not  answer  that  part  of  my  letter 
le  bad,  and  that  sir  £.  B.  G.  had  been    which  relates  to  the  impossibility  of  his  being 

put  into  a  setlan.  For  his  body,  when  found^ 
WHS  stiff;  so  that  what  lintbemess  happened, 
or  appeared  afterwards,  hath  no  relation  to  the 
(luestiun.  For  it  is  a  certain  maxim,  a  dead 
limber  body  cannot  be  stiffened.  And  pray, 
IVIr.  Prance,  give  us  an  account  what  became 
of  the  sedan,  and  the  cords?  And  how  you 
could  carry  it  with  cords ;  for  the  meanest 
sedan -man  in  the  town  will  tell  you  it  is  im- 
practicable, or  rather  impossible;  and  ^^ou 
may,  if  you  please,  make  an  experiment  with 
a  cord.      , 

<*  III.  As  to  the  body  being  full  of  blood, 
when  found,  the  Ghost  endearonrs  to  disprove 
that  assertion,  by  the  evidence  Df  Mr.  Brown 
the  constable,  the  two  surgeons,  and  Mrs. 
XJurtis,  and  produceth  the  evidence  given  at 
the  trial  of  Green,  Berry,  and  Hill,  and  an  cs- 
tnyudicial  affidavit  since  made  by  Mr.  Brown, 
and  another  by  Mrs.  Curtis,  to  countenance 
such  his  deniaL  But,  Mr.  Prance,  (when  you 
see  the  Ghost)  tell  him  the  matter  of  the  bk>od 
will  (and  I  assure  you  and  all  the  world  it  will) 
be  proved  by  divers  credible  and  undeniable 
evidence ;  and  that  1  may  pacify  the  Ghost 
in  the  mean  time,  he  is  to  understand  that  Mr. 
Brown,  the  two  surgeons,  and  Mrs.  Curtis, 
are  no  competent  (nor  can  be  material)  wit- 
nesses in  this  case.  For  Mr.  Brown,  as  be. did 
a  rash  and  unaccountable  act  (to  give  it  no 
worse  namo^  in  removinsT  the  body  before  the 
coroner  and  jury  saw  it,  (which  hath  occa- 
sioned all  this  diKputc)  so  he  must  not  think  to 
help  himself  by  aitidavits,  or  to  justify  one  ill 
act  by  anotlier :  And  besides,  a<i  be  unadvised- 
ly (and  contrary  to  all  law  and  practice)  re- 
nioved  the  IkmI y  hctore  the  coroner  and  jury 
came ;  so  he  did  the  same  in  the  dark,  (about 
eight  o'clock  at  nii^ht)  when  the  candle  was 
blown  out ;  wlicrcbv  it  was  itupossible  tor  him 
to  look  for  any  Mix)d,  b«»  as  to  find  it :  And  nei- 
ther he  -or  the*  surgeons  (by  any  day  light)  saw 
tlie  phire  where  the  Iwdy  was  Vound,  or  whera 
the  sword  wn'i  pullfd  out,  until  after  ten 
o'clook  tlie  next  uwy  i  1)efore  which  time  much 
of  the  blood  was  talien  up,  and  the  rest  tram- 
pled out  of  sijriii  hy  the  great  concourse  of  the 
people  which  cj»ine  thither.  And  as  for  Mrs. 
Curtis,  she  oiily  saw  the  b<Mty  after  it  was 
broiiir'tt  home.'.t  hen  as  thn  InhIv  was  stripped  at 
the  \V  hite-house,  and  a  blankei  borrowed  there 
to  wrcjp  t!:t'  bo<ly  in.  So  the  world  may  judge 
i  plaoe  wholly  011  liorseback,  he  hath  run  i  of  her  atHdavit.  I^ut,  Mr.  Prance,  it  Vill  be 
tlf  into  a  worse  dilemma,  ha>iiig  ina<le  no  |  fully  j.rove«l,  that  the  Itody  was  full  of  blood  ; 
lion  of  men,  either  as  to  strength  or  rium-  j  and*  that  there  were  cakes,*  or  trobbets  of  dry 
D* carry  so  s;reut  and  weighty  a  cirpsi.*,  in  '  blno<l  found  in  his  ckKhes,  which  (with  hu 
lead  oit'Uie  night,  over  such  niouiuls  uud  |  bnlv)  stunk  extremely.  And  it  will  lie  ahw 
s;  but  let  all  inquisitive  jieople,  desirous  fidly  and  effectuaMy  "^proved,  that  his  eyes, 
itU,  take  the  pains  hut  to  go  to  the  pin ce    n'MirlK    and    I'ornJrs    of    his    mouth    were 


red,  such  person  might  have  been  se- 
and  thereby  the  murderers  detected, 
suppose  the  Ghost  %v ill  not  pretend  either 
rmon,  or  the  pamphlet  printed  by  Nath. 
MOD  to  be  legpal,  or  (ind&'ed)  any  evidence 

yd  now,  Mr.  Prance,  being  come  to  the 
.  paragraplis  of  my  Letter,  I  shall  take 
D  order  as  tliey  are  placeil,  and  g^ive  tlie 
particular  answers  accordingly. 
As  to  sir  E.B.G.'s  perambulations  therc- 
tiuned  to  be  on  the  Saturday  he  was  first 
Sf,  they  are  true  in  every  particuUr,  and 
proved  by  divers  able,  credible,  and  un- 
le  witnesses.  And  lioiy  vain  it  is  for  the 
»>  ask,  why  these  witnesses  did  not  come 
ler  at  the  trial  of  Green,  Berry,  and  Hill, 
1  judge,  when  all  tlie  worid  remembers 
>st  torrent  that  carried  all  before  it  in  fk- 
f  the  plot,  and  the  murder  of  sir  £.  B. 
the  papists,  without  which  (as  T.  O. 
eard  to  say)  his  (dot  had  failed :  And 
t  is  duly  considered,  that  the  two  persons 
ret  found  the  body,  (for  no  other  cause) 
d  much  in  their  persons  and  estates  by  a 
ind  chargeable  imprisonment.  And  all 
that  then  seemed  to  doubt  of  the  truth  of 
ad's  being  murdered  by  the  papists,  were 
itized  wim  the  odious  names  of  papist*, 
loouragers  (if  not  promoters)  of  the  plot. 
.  appear  no  wonder,  if  people  were  un- 
1^  to  discover  their  knowledges,  \>r  to 
voluntarily  (without  process)  to  give  their 
ler.  And  how  can  it  be  inin'^ined  those 
OBfortunate  men,  lieing  kept  close  pri- 
i,couki  make  ent|uiry  afur  proper  evi- 
I,  or  against  the  common  vogue,  draw 
iipicion  the  assertion  of  his  being  mur- 
by  the  papists? 

[.  The  Gnost  hath  so  much  ingenuity  to 
the  second  paragraph  of  my  letter,  as  to 
lace  and  posture  he  was  found  in,  but 
avoid  the  inaccessiblencss  of  tlic  place, 
idiDg  a  lane  near,  when  as  that  lane  is, 
ict,  unpassable  with  two  on  a  horse,  and 
I  not  within  500  yanls  of  the  place,  and 
ounds  thither  verv  high,  and  the  ooristu- 
mI  his  assistants  (Aioiu^h  they  Uved  in  the 
I,  and  well  knew  the  way)  were  forced  to 
a  gap  in  the  mouncU,  though  th(*v  w  ere 
T  horsfd.  And  wliercas  the  Ghost  al- 
I,  that  you  do  not  de|K)se  he  uns  carried 


that  without  uny  burden  <mi  thf  1:*  hacLs) 
will  soon  Im:  cotivince«l  of  the  assfTllMu  of 
ifficulty  (if  not  impossibility)  of  the  hring- 
r  a  dead  corpse  tnither,  either  on  footer 
orseback.  And  the  pretensions  of  the 
1^1^  M  to  the  iimbenioffi  of  the  body  and 


Ov-Mown  ;  thiiii^h  the  Ghost  (without  the 
{(.-ast  colour  of  rea^u)  pretends  it  to  be  contrary 
to  nature  and  ivason ;  when  as  iH^mmon  ex- 
perience daily  evinces  the  contrary.  And  I  do 
observe,  that  the  Ghost  omits  to  take  notice  of 
two  matorial  drcuiDftaiices  io  this  third 


137*1  STATC  TOIALS,  s*  Cuableg  U.  itiflS-—lK*Vi»/"TAi)wpwa«H«f «**»!,  [| 

KT*r*k.  wliicli  Mum  only  In  itw  4i 
twin   your'c  nnil  Mr.  bfdf    '- 
unit  lake  notinr.  thu  what ,  .  . 

nre  lay  (rmtnidictflnr,  mtd  tnucli  niiiTv  Ihu  I 
liinW  in  nty  mIi)  Wur :  huJ  Ihnoxli  put  <f  > 
inlbroKd ;        "  ^ 


cmpb;  »i».  Thnfirrt.  »BtotW«wortl*s«riBh- 
11^  aCHttft  the  InckbmH-.  The  aectwd,  as  lo 
ibH  flirt  of  Ihe  swdpil  nhinli  wni  in  his  body 
(m^  d>wMlour«l.  And  pray.  He.  Prance, 
do  yoH  (or  tho  (ihont)  sptv  tlic  rcnaonolliCTGOl', 
UDd  of  it'«  iKiinI  bifinic  r«Mty  ;  iw  nl»i>.  wbnt 
waH,  or  could  Lh'  Ibc  caune  ui'  llw  ncult  in 
tltc  i^ill.  waislaiot,  and  drawers,  it  Krmn- 
Uh  eolMtr,  mcntioiUNl  io  Mn.  Curln's  aSi- 
•larit 

••  iV.  Aa  U>  thf  I'oitrth  pan4(raph  of  my  \eatr, 
I  pemivo  llie  (iliuol  adiiiitH,  tMl  vtbmi  n  mnn 
m  HlwrngW  ur  lH^uii:«d,  Liio  myn  wift  be  «■ 
(artcd:  M'l  aJniiw  ln«  siv  K.  CJmlfroj's  eyn 
(wbun  Ibund)  nwrt!  idmt;  otil^  hn  M«nil  (u 
■tuuwl  Willi  Ibe  uolour  nl'  liii  t'aco :  And,  mo- 
iiy  1m  udoiiu  III*  f!u«  not  hbok  (m  oil 
ba^td  LiMi's  tae,  wlmn  culd)  I  cw  iwi  tu 
(«nUirt,  wttclhrr  iw>  fare  nna  (talc  «r  ruddy, 
iir  B  liltio k«t.'llnl,  or ii')l,  tbow  brin^  tenr  Jn- 
■.iHwiilfntl'tp  cirOiiiiulititcci.  Bui  liio  itoying 
ttm  ykUM-lBoUKu  char^al  iii  tluil  parap^iih, 
aitd  itie  ounii.t|uenvrs  dfdiicrd  fvow  tlif>iicr,  k 
u«  oniv  a  gTiiit  uxti'iilli,  Itiit  m  dinLtly  oppn- 
tliu  tu  uu^  riirlviicc!  ifivtM  by  Mr.  SbilltKiic,  ot 
tha  Dial  bctiiro  nicuiiimed. 

•■V.  Ak  ki  it>.-  Kllb  fmni|;Ripli.  the  GhosI  n 
^ofcrlrMi  biis^ituig;  Ibo  ax^MtimM  tlictrin, 
)i%  that  lif  nnly  qiiibhlns  ut  irorda;  aiid  brftgtnv 
ilw  ^cttiMi,'diiUMes  thoicr  inipiT*inait  aitd 
rabtdou*  iui;mni-iiU>.  Ftn-  h  imU  bo  proTdd, 
tbuUldiotf-t  irerv  ({buod  at  )bc  hoitnm  nCtbt 
•nlii^  Mtd  whirh  mint  at'  neeeM^r  be  ooe*' 
stoDGd  by  hiK  WHilciup  on  t\w  i^rasa.  And  (Mr. 
I'raniM;)  if  _\oii  i.iid  ibe  (ihost  will  walktoge- 
ilier,  you  v.  ill  <  osil  t*  ('\|n.Ti(>ni:e  i1,  and  so  may 
uny  Iwity  el<e  i^atii!)  birascll'  in  this  sptcola- 
lion  :  As  altw,  an  bi  ibe  p-aKS  Necilti  thai  stiiirfc 
in  \ite  seams  ot'  bis  shoes  ;  ivhicb  is  aa  fur 
I'roai  btiug  iin|iantible  at  tluil  tiaie  of  the  year, 
(ai  tb«GlHMlwunl<l  ar^ue)  as  that  it  will  be 
itroTcd  liy  umbiii'iUe  pvidence.  But  (Mr. 
Fiwice]  p'l'uy  auk  Ihe  GWt  bow  lie  came  iWe 
nilboot  a  RiHfct  nl'  dirt ;  and  who  pickMl  tbi 
horse'hiurs  otT  his  rlotliF^;  and  let  hiiii  on 
Irire  (if  he  can)  a  probiilde  or  wtional  tiiy  in 
a  d«ad  man  oa  hoi^(4iack  tn  linld  up  iitt  li-^ 
s  iLum  or  fais  clothes  Irom  the  dirl 
y  indk  tbitbcr  yt-ri 
inposabte  at  that  tlai?  'it  ibe 
r  uitbiiut  bi'in^  Oirlied,  :umI 
iuf4in;run  bi<<'dolh>-H.  Bu 
peiD^ig  lue  nejii  ,-tcciiunt  fruiu  the  Gliost  « il 
DC,  llull  li<i  t'ilhi'i'  rid  with  tcatnbadocs,  or  els* 
a  }iair  nf  lisli<.'ciiieii'n  boots. 

"  VI.  As  lu  the  sixth  )i3ca^rapb,  |iray  Mr 
Prance,  tell  the  Gboat,  liia  roiUiit;  artist 
Popiah  liiii'!ViB.  BMil  PojMidi  miduiiLt.  i-  n 
auwer  tn  the  es^^-rtion^  ■□  that  parsgrcph  ,  ti: 
all  the  udiiiii!  in  the  town  are  ruiopfic'i 
judl^i  ihereuf,  and  I  bopetlie  l.ibiist  will  i» 
say  tbrv  sre  B.1I  I^pisls.  But  pray  tdl  tli 
g'luwt  fi»  lukps  DO  notice  ol  the  beitrlil 
ol'  ijie  <''>Uai',  aiul  it's  bein^  faxl  buttiin 
ed»JiOBt  his iietknbiui  found;  nor  lhe'«ndu- 
nan  of  tlial  {>arsirra|ih ;  uad  tfacrefen:  1  Kiippon 
Jte  a^ilM  il  Ki  b*i  tnw. 


For  thouKb  u 
cIeM)>  y^  It  is  i: 


hinlMl  in  iiiv  Mil 
br  OS  ho  and  ynii 

b>-  wn-ar  the  iiilbrmalionK  were  raceiTcd  bm 
tb<-  |iM«oiHHCtiullv  ooncrnMt  in  tbft  moHk 
nnd  tvho  biul  ooiritik-nix  MHHwh  in  Mt.  Bdr 
lie  (Ihoitgh  he  rcf^nod  4,000/^  to  lidpla  IV 
him.  nnd  'i,0(90J-  to  bdfi  tn  carry  trim  vvflm 
tu  kImw  bim  the  dead  body,  and  «n  wen  aiit 
no  trmntatiini  of  miii-iiiti>rmiii^  eitlin-hinir' 
yniii:M-Jf.  And  [uny,  Mr.  I>ranoo,  will  fnU 
ihe  »DrM  koiw  what  reward  tor  WFtvailNV 


luniiiifa  witRnad  cbiMtw>,aiiilbeaW[di«lf 
"'I'bua,  Mr.  iVaner,  haviog^  srnaaMaUlr 
«aeh  pan^pnipli  of  my  kilrr,  and  amwMlif 
Cihoiillv  jronr  Miisliimoik;  I  nhouli)  halt 
bere.  feann^f  I  bare  bucTi  iiw  tadtoiUMitA^ 
biU  1  awmal  omittn  tnkc^liirthernMMerfMk 
Curnic'a  affidavit,  in  rrtatJon  ta  th«  tHf¥ 
wax  fiiiiiid  n|>ou  th«  cloljirs,  in  utiicb  I  (Mt 
uy  but  she  may  >.wi«r  true;  biittbMldam, 
llut  if  it  Iw  w>.  thmw  drnjii  were  pnt  annM 
(■h>t|it«  tiwg  allcr  he  wna  found,  and  Aftn 
jnrv  had  sai  on  the  budy  ;  tbr  ihrrevuV 
Kucb  thing  then  rni  i)w  chXheM  :  uixt  I  iff 
ihii  irac  (ome  nrtificp  UMd  hylhiuc,  aluiMr 
oittof  interertarde«i^,  t*m  Ai>iiM«li«a 
firm  his  bong  tnnrdered  at  SonuiHikWi. 
nnd  to  carry  un  ilie  in'eat  lie,  and  nnftmt 
stoi'v,  then  inveutcH,  and  Q^ien  oat  (■■'^ 
others)  tliat  he  wiw  lutd  lindir  the  fcijM* 
there  ;  and  if  my  islui'mation  f*it  ne<,  •* 
were  utbersuch-like  tricks  used,  nbicli  liiC 
maheliold  toBC(|tiaint  tliose  ntnreoNrivt'-' 
ccmcil  therein,  tbtin  voursplf ;  aad  *^^  P" 
tfaetn  tn  iinderatand,  tliui  'tis  nn  »»ndiT  <  M 
in  sirE.  B.G.'sdrcuindnniv*,  ihooMlnlk^ 
s«]f,  such  accidents  beiii^  no  ncwn  I"  ll**" 
inily,  whncin  mehiKhoty  and  dLstr>irli<i«|H 
often  prodiioes  mich  etTecIs)  hath  !«•  ^**^ 
minaiii.  jod  mi^ht  ocrasKin  the  wards  hcf*^ 
tOHir  Thomas  lUibinsOD,  as  to  hisbfPf** 
first  mBiiyr. 

"AndnT>w,  Mr.  Pranoc,  f»r  ■  okicMm  f 
vou  wem  iTuilty  of  the  mord.r  of  m  K.  B  " 
limv  diiFRt  you  (as you  did)  on  tlie  Fnbi'i 
lie  wiLs  found,  y«  to  I'l-itmmie-bill  lo  xe 
hody,  and  not  In-  afraiil   it  slmuld  at  jwiKf" 


declare,  in  answer  to  n  lohmiD  ijueiin*.  ■• 
\ou  knew  nothing  of  the  death  of  tirE.  H'O^ 
Way  remember  me  to  your  old  frim*  ^ 
lod^  Mr.  K<^n,  my  respects  also  to  jrouciB 
not  fbrgPliing  your  lilllp  daugihter,  wba  J!* 
you  nil  Rood  ndVice  befijtv  you  tuek  y"*"]^ 
ney  into  Mntiinghamsliire.'aud  hclpeJn** 
Bcdin^eld,  who  was  biuied  fourleen  iMMl 
I  itm.  y.iur  t(ii  ing  Friend,  TaoM* ' 

Cimhridgf.  Marck  13,  1C61. 

Lwtdon:  Fiiut«lfoN.TlMaifN%UN' 


Sn*ATE  TEIAl4i  S4  CHAltLiUB  II.  l66d;.-^  sevmU  Ubeb.         [Ii78 


be  AisMMterttdoiitoi' a  patter,  in- 
rhe  Loyal  Protestant  loteUigepoe, 
imber  125.  Tuesday,  March  7,  1681, 
^\ug  paragraph : 

7h  4,  1682.  Whereas  the  mayor  of 
ia  his  pretended  True  Protestant 
ot'  J^torday  lost,  seems  mightily  of- 
ith  a  letter  therein  mentioned  to  be 
r.  Prance,  concerning  the  murdei'  of 
Go<Urey  j  and  endeavours  to  avoid 
ination  of  the  truth  of  the  matter  of 
Lined  in  that  letter,  by  his  old  way  of 
id  stigmatizing  all  honest  Church  of 
^len  with  the  name  of  Papist,Qr  popish  • 
d  :  he  and  his  Whiggish  Tnbc,  arc 
^UiA  t(»  take  notice,  that  there  is  not 
1  letter  the  least  item  or  circumstance, 
will  be  by  undeniable  evidence  made 
Q  the  truth.  So  the  said  Mr.  Prance 
it  as  yet  vouchsafed  an  answer  to  that 
will  speedily  receive  a  further  letter 
D  that  murder ;  wherein  the  further 
not  only  be  fully  set  forth,  and  other 
inccs  set  out ;  but  also  it  will  thereby 
ipcar,  tliat  the  reputation  of  that  dead 
80  fir  from  being  therein  nrardercd, 
istice  of  the  nation  from  being  ques- 
s  that  it  will  concern  Mr.  Prance,  Mr. 
d  all  parties  on  that  side,  to  lay  their 
^her  more  effectually  than  they  did 
ewlay  morning  last :  for  truth  seeks  no 
and  were  it  not  for  a  vicious  and  mi- 
I  generation  of  vipers  need  not  require 
lie.  For,  though  a  lie  may  prevail 
;,  and  eclipse  the  truth,  yet  at  length 
I  shine  forth,  with  the  assistance  of 
,  who  is  the  author  of  truth  itself/' 

k  Paragraph  out  of  another  of  the  like 
ices,  was  read*  The  Intelligence  was 
127.    Huturday,  March  11,  1681. 

sh  9, 1682.  Whereas  Dick  Jane  way,  in 
I  Mercury,  promises  an  answer  to  the 

*  to  Mr.  Prance,  <Scc.  This  is  to  give 
an  the  workl  notice,  that  such  an  an- 
mpatiently  exfiected  by  the  author  of 
',  who  questions  not  but  to  proTc  every 
that  letter,  to  the  satisfiictiot^  of  all 
:  and  l>esides,  he  is  V(Ty  desirous  that 
antier  (accuniing  to  his  last  Paoc^uet 

•  from  Umne)  wt>uld  go  on,  and  fise 
St  to  procure  tlio  loi-d  mayor,  court  of 
,  and  common-council  oi  London,  to 
le  tnith  of  that  letter  ;  wherdby  it  will 
evitaMy,  that  there  Ls  not  one  Pa)iist, 
ly  affected  person  eonrem«d  in  that 
in  the  proofof  \\w  particulars  thereof ; 
une  (with  diw-ri  other  material  cir- 
les  relating  to  the  murder  of  sir  £.  D. 

and  the  fraud  and  blind  put  n|K>n  the 
rtlation  thereto)  will  be  more  fully, 
md  manifestly  proved,  without  giving 
or  scinrilous  language,  or  nci]ei*tions 
.•rsoiis  tliat  v?:-llv  are,  or  supposed  to 
,n  concerned,  in  any  circumstance 
er." 


1^.  Maynard,   You  nee  ^hat  they 
Tin. 


have  done ;-  they  styj  What  was  testified 
against  the  murderers  of  sir  Edmuudbury  God- 
frey, was  a  lie.  They  go  over  all  the  evidende 
given  against  these  fclkivi's,  and  undertake,  by 
undeniable  witnesses,  to  prove  the  contrary. 

X.  C.  J.  To  the  defendant's  counsel ;  What 
say  you  to  it  ? 

Mr.  Saunders,  I  am  of  counsel  for  Pain^ 
my  lord,  the  charge  against  Pain  is,  That  he 
should  own,  that  ne  did  bring  one  of  these 
letters  to  be  printed ;  I  have  forgot  whether 
sir  Philip  Lloyd  said  the  first  or  the  second. 

L.  C  J.  The  second  he  sa^'s. 

Mr.  Sdfinders,  If  Pain  did  own  it,  I  think  he 
did  more  ingenuously,  than  when  he  did  make 
it,  or  bring  it  to  the  press  :  but,  my  lord,  it 
was  a  rash,  unadvised  act ;  but  not  out  of  any 
malice :  my  lord,  we  will  prove  that  Pain  wais 
not  a  Papist,  nor  any  of  bis  family.  My  lord, 
this  cannot  justify  or  excuse  them,  it  will  only 
extenuate  their  fault  We  will  call  some  wit- 
nesses. 

X.  C  /.  I  will  hear  any  thing  in  this  caae^ 
be  as  large  as  you  will,  you  smm't  say  yon 
are  stinted ;  for  it  is  a  business  of  niigiity 
concern. 

Mr.  Goodinf,  I  am  of  counsel,  my  lord,  for 
Pain :  my  lord,  we  have  made  application  t6 
persons  to  intercede  for  us  ;  we  arc  sorry  for 
what  we  have  done,  and  have  offered  to  give 
any  satisfactkm. 

%,  C.  J.  To  me  he  aaid,  he  would  make  it 
out  by  .SOO  witnesBes :  they  would  make  it  aa 
plain  aa  the  day. 

Mr.  Thompion,  Since  the  last  time  that  wab 
appointed  for  the  trial,  they  Imve  printed,  that 
they  would  prove  it  by  threescore  wimesses  ; 
ana  were  very  sorrj'  it  did  not  come  on. 

Mr.  Yalden.  1  am  of  counsel,  my  lord,  foP 
Thompson,  who,  1  think,  was  unfortunately 
drawn  into  tlie  business ;  and  that  by  Pain  and 
Farwell,  though  they  turn  all  upon  liim  now. 
It  was  A  great  piece  of  ingenuity  for  him  to 
discover  his  authors ;  and  it  had  been  very 
mischievous  if  they  had  not  been  discovered. 

L,  C.  /.  What  say  you  to  tb.etwo  Protestant 
Intelligences  ? 

Mr.  Yalden,  They  are  as  much  the  author 
of  them,  as  of  the  other.  Thompsim  says,  the 
authors  would  be  able  to  prove  it-  by  ufldcnia-^ 
ble  witnesses:  ThoiniMHm^s  Intelligence  is 
open  to  any  man  that  will  put  any  thing  into 
it,  and  he  is  paid  fur  his  pains. 

Mr.  Osbni-nc.  I  am  of  rouiisol  for  Farwefl, 
my  lord,  it  was  a  foolish  thing  to  do  as  we  havo 
done  ;  Imt  that  is  no  satis Jadioti :  iny  client 
says  lie  hutli  several  witnesses. 

£.  C.  J.  Call  them,  tliey  shall  be  heard. 

Mr.  Famtil.  I  b^n  with  Hazard,  my 
lord,  he  and  1  went  to  tne  place. 

Then  Hazard  was  sworn. 

HaMard.  I  went  along  with  Mr.  Farwell. 
He  was  at  the  Rainbow  Coflee-house,  it  was  ia' 
the  morning,  and  he  dcnrcd  me  to  go  to  th« 
place  where  sir  Edmundbmy  Gowey 
feniid. 

4T 


•»S75]  STATE  TRIALS,  3*  Charles  H.  l66i.— Trial  o/ThfmpstmindoHia-i 


L.  C.J.  WW  daywftsU? 

Batard.  I  caonol  tell,  1  wmt  along'  »ilb 
him,  Bod  stayed  as  luog  us  he  diiJ.  I  naiv  air 
£.  Gottl'rey  lyin^  uiion  the  table,  tils  slioes 
were  clran  as  il'  he  fiad  been  on  aa  Uaj-mow, 
aoJ  Ills  eyes  were  closed. 

L.  C.  J.  Where  was  lie  ? 

Hatard.  U|«D  n  table  in  the  IVhile-house. 
There  were  g^libets  ot'  bliKxl  (that  1  will  aver, 
my  lard^  by  the  ditch-side,  aud  likewise  at  a 
place  where  there  were  two  ur  three  tluDga  Vi 

K'  over,  there  was  more  Uood  :  I  cannut  tell 
w  be  WHS  carried,  or  how  he  came  there, 
but  I  saw  liim  at  tlie  White-house. 

Mr.  Williami.  Who  went  akmif  with  yon, 
bciidefi  Mri  Farwell ! — Huiard.  Nobody. 

Mr.  Williumi.  Did  be  bring  you  to  the  place 
Vheretlip  body  lay?— Hoiorrf.  Yes. 

Serj.  Miigumd.  Whnl  did  FarweU  leU  you 
nheu  be  dcxircdjou  to  go  with  him? 

H-itard.  Why.  word  was  broug'hi  by 
llauL'iick  a  woDil- monger,  to  the  CotTee- house, 
•ome  Houhl  not  believe  him,  but  sent  a  jiurler 
lo  tir  lidmundburv  (iodfrey's  house,  aud  then. 


Ktvc-biU,  be  sjMike  la  nic  to  go  aiid  see  llie 
4iDdy,  anil  I  Ick'hed  my  coat  and  hb«  there 
fiiicldy. 

Mr.  WiUiamt.  When  you  nime  near  tlie 
diteh,  did  ]'urHclli>liewyuullie{i1a(.-ef 

Hatard.  He  and  others  that  were  there. 
.   Hr.  Wiiliamt.  I  oak  you  ihia,  did  any  body 
■hew  yon  the  place  where  lite  body  lay,  beaiduj 
Farw:ellr— J/oiurd.  No. 

Mr.  Oilivnic.  Uid  he  go  to  the  |j|ace  directly, 
or  about  over  ditches  ? 

Huiard.  Truly,  I  know  the  nay  to  Priin- 
roic-hill  as  well  at  be.  We  went  as  direct  a 
way  as  wecoulil. 

L.  C.  J.  Tlie  Etrsijjhlesl  »-ay  to  the  plai-e  f 

JIa:urii.  Yes:  iVe  went  out  several  ditches. 

Sir  t'ra.  Winn.  As  yiiu  were  going  over 
aeveral  ditches,  there  was  no  body  wiu  yoti, 
but  Farwell nai  there? — Hoiatd,  No. 

Mr.  Wiliiaini.  Did  you  enquire  of  any  body 
as  vou  went  along  ? 

Hazard.  I  cannot  remeuiber  fuch  a  imajl 


k 


Then  HW/inmBiKJon  wnsswora. 

Mr.  Oiborne.  AVLat  do  you  know  ubout  die 
blood  that  was  in  the  ditch  where  sir  IC.  Uod- 
frey  was  found  ? 

nir.  Biilsoa.  Tlie  mnriiiug  aAer  the  murder 
was  discuiered,  and  that  sir  E.  Godfrify  was 
found  Id  the  lipids,  1  went  with  two  or  three 
neighbours,  and  Heut  ts  the  "Vi  bile-house,  and 
I  saw  him  lie  upon  the  table  in  the  White- 
houso  ;  and  coming  back  asain,  they  shewed 
ineiu  aditchivbi'i^ihey  said  belay,  some  blood, 
I  canuol  say  it  was  his  blnud  ;  nnd  going  a 
little  farther,  I  saw  aotaa  more  whitisli  blood, 
Kudtllial-'iaJlI  conswear. 

L.  C.  J.  Wa.sil  frosty  weather  ? 

Battoa.  My  brd,  I  cannot  tell  whether  it 
WIS,  bat  I  will  assure  you  the  blood  louked  to 


One  Faker  was  swotd. 

Mr.  Fanctll.  Was  you  there  wbe 
Godfrey  was  stripped  ? 

Fiilur.  Yes,  1  stripped  him  of  fail 
pulled  olTbiB  hose  and  shoes ;  1  was  c 
to  my  lord  Woolen,  and  I  was  seni  fo 
tober,  a  day  or  two  before,  and  1  csi 
the  hou«e  covered  up,  Dkod  to  take  or 
my  partner:  and  as  1  went,  then 
report  that  iic  £.  Godtrey  was  tbund 
upiuthe  While-house,  and  when  I  « 
coroner  and  thojory  were  ibere,  and  I 
the  room  whei'e  sir  E.  Godirey  lay  « 
(able,  and  took  hb>  hat  oS ;  and  1  i 
wounds  within  an  inch  and  a  lialf  oni 
■  her,  one  went  no  further  than  his  b 
the  other  iveut  through  bis  back.  , 
lord,  immoliiitcty  tb^  was  an  ocdi 
down  from  tlic  coroner  to  get  him 
They  asked  me  if  I  would  give  an 
told  them  yes.  1  pulled  olf  his  sb 
they  were  clean,  ftnifl  pulled  off  three 
stavkiugs,  aud  a  pa^  of  soeka.  h 
breeches,  and  his  drawers,  and  they 
very  wcQ  ;  there  was  a  man  in  the  i 
that  de.qired  to  help,  so  I  got  upon  I 
and  set  btra  iipri^l  nilh  his  breech  i 
table,  and  his  fiiel  hanging  down  ;  w 
toned  his  coat,  and  pulled  it  off,  I 
his  flannel  sliirt,  uad  when  I  caiue  to  I 
thei'G  was  Uood.  But  I  did  oot  see  a 
till  1  caiuc  to  liis  back-p^rt.  About  b 
there  iros  somi-tbing  ibal  bad  girt  bin 

L.C.J.  Ilelookeil  OS  if  he  were  St 
did  he  ? 

FithfT.  Yes,  and  his  neck  was  so  • 
you  might  turn  it  anj  whrre. 

L.  C.  J.  'I'o  t![e  dcfeodant  Farwidl 
do  you  [irelend  he  murdered  hiiDCclf  ? 
nui  fai^iKclf  ihruugh  ? 

Wr.  F/irti'cU.  i  make  no  inrcrencc,  i 


nuld  only  prove  that  what  1 

Mvit  only  tlie  first  leUer  ;  an 

e  lliTt'e  heads  lam  charged   with  o 


letter,  and  that  i^ut  the   blood  ii 

lord,    1   wa.1  concern.'d  ihej    should 

there  wii«  no  hlotHi  at  all  ;  when  1  can 

.lerewas  near  my  but  Tull  ofblood- 

L.  C.  J.  Can  vou  tell  who  hiid  it  tb 

Kir.  Faruell.  My  lord,  if  you  will  1 

'lUiessea  more,  1   will   satisfy  i|  our 

ho  laid  II  there.     My  lird,  Uiis'uiKi  i 

of  them  thai  hdped  to  reiiiui  e  the  bod 

the  ditch. 

John  R/arion,  called  by  Mr.  Farwell,  aik 
Raustrn.  My  lord,  1  »aa  there  taki 
ip.  He  fetched  tlie  <'0ni>table,  and  pal 
lut  of  ll>o  ilitcli,  and  «hcn  we  baa  4l 
luliitl  tUc«>vord  out,  aud  removed  hin 
loiise,  aial  there  was  blood  upon  WM 
(eipioiiiiuy-  himself  to  me,  ob  »  ol 
stumps  I'igu  over  upon)  and  ffoinf 
door,  his  UuJfc  did  sweep  &  UMt  ■( 


i 


LS81]  STATBTRIALS»  S4CHABtB8lI.  l6SZ.^firtr  teveral  Uheb.         [13S2 

be  did  not  propose  to  Mr.  Godfrey,  that  th« 
bcnly  mi|rht  be  opened,  that  any  doubt  mav  b« 
laid  aside,  concerninpr  his  being  murdered  m 
that  place  ?—  Hobbft,  My  lord,— 

L,  C,  J.  Had  you  any  doubt,  i^'hether  he 
was  inunlerrd  or  uol  ? 

Hobbs.  Indord,  my  lord,  I  thought  he  waa 
stninglod,  tliat  was  iiiy  opinion,  I  cannot  tell 
whether  I  was  mistakcii.  1  said  to  Dr.  Goodall 
it  would  be  very  well  if  Mr.  Gmlirey  would  send 
for  a  surgeon  and  a  |^»hysiciun  from  the  court, 
and  others  from  the  city,  to  satisfy  all  persons. 

Mr.  FarreelL  Vi\\^  .^lour  was  his  face  ? 

llobbi,  Mv  lord,  it  was  blotted. 

X.  C.  J.  iHd  it  look  as  if  violence  had  been 
used  to  him  ? 

Hobbs.  Ay,  my  lord  ;  and  the  bloody  vemels 
of  his  eyes  were  so  full,  as  if  he  bad  been 
troubled  with  mre  eyes. 

Mr.  Farvreil.  Did  you  observe  any  fly- 
blows in  his  face  ? 

HMs.  No,  my  lord,  not  that  I  know  of. 

L.  C.  /.  What  say  you,  Mr.  Chase. 

Chase.  My  lord,  on  Friday  when  I  came  to 
see  the  body  at  the  White-bouse  1  found  a 
great  contusion,  and  two  wounds,  one  yielded 
towards  the  right,  the  other  went  into  the  body. 
I  troubled  myself  no  more  at  that  time,  but 
the  next  day  1  was  desired  by  Dr.  Llovd,  tliat 
I  would  g^  to  his  house  and  see  the  body  again, 
and  there  I  found  a  swelling  upon  the  left  ear, 
as  if  a  knot  had  been  tied  ;  there  I  found  him 
beaten  from  this  place  tu  tliis,  (pointing  to  the 
neck  and  stomacm  1  never  saw  any  man  beaten 
so  in  my  lite.  Before  this  business  was  broaclN 
ed,  Mr.  Farweil  did  take  me  aside  at  Man's 
coffee-house,  and  did  tell  me  what  proof  he 
could  make  of  this  buf:iiu^ss :  1  told  bun,  Mr. 
F^irwell,  I  love  you  well,  don't  meddle  with  Che 
business,  for  1  know  it  is  impossible  any  thing 
can  be  said  agaiast  it  that  hath  the  face  of 
truth.  1  did  so  a  second  rime  (ray  knrd)  when 
the  book  came  out,  I  f(»und  one  before  1  went 
to  New-market,  and  the  other  at  New-market; 
I  was  very  much  troubled  to  see  them.  The 
night  before  I^asler,  the  eve  of  Easter  day,  I 
met  with  Mr.  Far^v^ll  at  an  house  where  Iliad 
been  with  a  go<Ml  friend  of  his  and  mine,  and 
Farweil  came  and  askt^]  for  me,  and  he  came 
up  to  the  room  as  they  called  for  another  bottle 
of  wine,  I  told  them  it  was  needless,  only  since 
Mr.  Farweil  is  come  up,  said  I,  I  will  drink 
one  glass  with  yon.  And  be  told  me  then,  that 
six  months  bciore  I  had  given  him  good  coun- 
sel if  he  had  taken  it. 

Mr.  Farweil,  My  lord,  I  desire  Mr.  Smitli  i» 
be  called. 

L.  C  /.  Let  him.  But  he  came  not  then. 


ride,  and  tfiere  was  some  water  and  blood 
liehted  there,  and  likewise  lay  upon  the  table 
■There  he  lay,  and  upon  the  floor. 

Mr.  Farweil,  Did  the  blood  of  his  Imly  fall 
opon  the  floor,  and  go  through  the  floor  into 
the  cellar  P 

Rawson..  Some  drops  were  there,  I  won't 
whether  it  were  blood  or  no,  my  lord. 

Mr.  Farzccll.  My  lord,  I  desire  the  same 
iion  may  be  put  to  Mrs.  Bawson. 

Mrs.  B.au:son  sworn. 

Mn.  Hawson.    'iiiy  tonl,  if  yon  please,  I 

not  a  word  to  say,  but  there  was  blood 

water  ran  through  the  table,  that  is  all  I 

»y. 

Mr.  Farweil,  My  lord,  as  to  the  difference 
Mr.    Prance's    evidence,    and  Mr. 
}*a,  I  desire  1  may  prove  the  difference 
them. 
X.  C.  /.  You  shall  make  any  proof  you  will. 

JUkm  Stanley  called  by  Mr.  Farweil,  and  sworn. 

Mr.  Farweil.  I  call  him  to  prove  the  copies 
«r  tbe  Journals  of  the  House  of  Lords. 

L.  C.J,  What  would  you  infer  from  the 
JoumalsP 

Mr.  Farweil.  My  lord,  they  charge  me, 
ftat  I  should  say  there  is  a  great  deal  of  dif- 
ftmnii  between  the  evidence  Mr.  Bedloe  gave 
■  the  House  of  Lords,  and  the  evidence  that 
Plranoe  gave  at  the  trial  of  Green,  Berry, 
ndHiU. 

Xk  C.  /.  Would  you  prove  any  evidence 
^IMA  by  Bedloe  out  of  the  Journals  f 

Mr.  Farweil.  I  can  prove  he  gave  that  evi- 
before  the  House  of  Lords. 


Bat  Mr.  Farweil  af^-^rwards  went  off  from 
diai  pfoof,  and  called  Mr.  Hobbs,  Mr.  White, 
Mr.  Cniase  the  father,  and  Mr.  Chase  the  son, 
Mid  Mr.  Laziaby,  who  were  sworn. 

Mr.  Farweil,  I  ask  Mr.  Chase,  what  he  ob- 
■erred  about  sir  Edmundbtiry  Godfrey  P 
;  Mr.  Chau  the  son.  Aiy  loni,  on  Friday 
'iMinin^  the  day  afler  the  IxMly  was  found,  1 
want  to  Primrose-hill,  in  company  with  my 
Adier,  to  see  tlie  body  M'hich  tuey  said  was 
ftimd  ;  I  came  into  the  field  where  the  com- 
fany  in  the  fiehl  sakl  the  body  had  been  laid  ; 
tbe  body  had  been  then  carried  into  the  house, 
I  lookea  into  the  ditch  y^  here  they  said  the 
Wiy  was  laid,  I  could  not  sec  bfood  in  the 
Uten,  but  four  or  five  yards  aside  off  the 
dlleh>  there  seemeil  some  blood  to  me,  which 
the  constable  said,  followed  the  sword  when  it 
was  ptdled  out  of  the  body  :  1  saw  the  liody  in 
the  house,  and  saw  tlie  two  wounds ;  he  bad  a 

Ct  contusion  on  the  lcf\  ear,  and  his  whole 
was  very  much  bruised. 
-   L»  C,J,  Do  you  believe  there  was  any  vio- 
Jnoe oflfered to  him? 

Chase,  My  lord,  I  believe  he  was  aitrang1e<l, 
fcr  I  do  not  bdieve  those  injuries  that  were 
MtmtA  about  him,  ooukl  be  after  he  was  dead. 
X.  C.  /.  What  sav  you,  Mr.  Hobbs  ? 
tmnnlL  I  dcnre  aamay  he  acked,  whether 


Mr.  Brown  b  called  by  Mr.  Farweil,  and  sworn. 

Mr.  Farweil.  I  desire  Mr.  Brown  may  be 
asked,  whether  his  eyes  were  not  fly-Uown  ? 

L.  C,  J.  It  is  proposed  to  you  by  Mr.  Far- 
well,  whether  the  eyes  of  sir  £.  Godfrey  uera 
notfly-blswn? 

Broarn.  No,  my  kml,  I  did  not  see  any  fly- 
blows. 


8T\TETRlAl-S.,'i4CHABi.Bs  It.  iRit^TyUt^-n^Fttrnm^tOm^W 
L.  C  J.  Hr.  liuw^,  Ui.  FMdl 
of  you,  rWlhirr  J*    '  ** 

killr^  thcuiHlvw  k 

Jlfr.  Xo^nJij^  Mv Intake  inMitoi 


.     air.    FarKfll.    WTirthCT    Aere   were   any 
i^ncka  llnl  mw  mi^ltl  rull  Hy-Uomi  ? 

firwn.  ftl>  lunl.  I  diil  nnt  loe  DDy  Kpack* 
|ImI<i(id  luii,'!!)  cull  flv  Katn. 

Mr.  FarvtII.  t  ilriirF  Hint  1  ui>y  c&Il  twn 
*I|IM«MS  ti>  pn>v<:  lliHt  l)i;  nuJ  hO. 

UC.J.  Wlmi  »tll  yoii  ffct  bjr  tltat,  Mr. 
VarwcU,  to  diiniBraw  tout  vrttnta  f 

jKnm.  M;  kmi;  Mr.  Fanrell  wahU  ka*c 
ba4<B*M7  >o,  W  I  neieraudM. 
Tbea,Snt(AcBiiw- 

L.C.J.  WhhtinyvaiaktiauAT 

Mr.  Faritrll.  Only  obnut  (be  hlonl. 

Brmn-  My  torit,  lif  canw  to  iiw  snnllicr 
timn.uiul  Ui|<l  nil'  I  uniH-niii^iii  my  aflidatil, 
■s  if  he  konr  wliul  I  could  miike  nifiUMit  of 
holUr  than  uimll'. 

Mr.  Famill  Mv  loid,  1  wwt  oot  tlio  party 
tkWIoUhiiiiM. 

Bruwu.  He  wan  al  mvlioiBT  twice  lit  Miiry- 
bonr^  ftl.tlie  mtia  at  ih^^ii. 

L.  C.  J.  W-M  Pftio  with  liini  thf n*  ? 

ifnwn.  -My  lonl  ihere  wu  a  man  iniii  [-kite 
fcWhKia  witlihini  ilicrc.     1  diin't  know  biui. 
Mr.  Smith  sworn. 

X.  C.  J.  WrU,  whu  ny  you,  Mr.  ttmiih;  k 
k  m|ulrvd  of  you  by  Mr.'t'i.rwvil,  hrrf  ti>  il«- 
claranhMiiaryoii  ttHik  itpMiy  nf  ttr  E.  lioit- 
Avr'aUood,  and  broinrbt  ii  hcaaa  in  y  oir  hand- 
lM^hlar? 

PKiM.  No,  my  InnI,  1  know  iimbiiw  nf  Uiat. 


r.u- 


Mr.  F«r 
u]a.j  be  luIIliI  ;L;^jLkri. 

Rawioa  appears, 

L.  C.J-  Wbnt  Ray  ynu,  it  ia  irmiiriil  hy 
Mr.  Farwell,  wboiberyau  aawaiiy  fly-Wows, 
in  air  E.  Godfrey's  ty^  7 

Ratemn.  There  was  snmrChin^  like  iy- 
UowB,  but  I  can't  say  they  H-erP  Uy-Uonra. 

L.C.J.  Uidyonohbervellu'lliu  werebDsy 
Uthat  timeof  liieyi^r? 

Knwtan.  My  lord.  I  did  nolntflhem.  [Then 
tbe  Bcople  IaukIi^.] 
'  Mr.  Furti^ell.    I  desire  RawBon's  wife  may 

Kfufjoi.  I  Loult  fclcb  ber  llicn. 
Riiu:ion's  ivifc  appears. 

L.  C  J.  liOoh  y<iu,  Mr.  t'arwdl  re<iuira9  «f 
wantotdliH.  whethprllitre  wore  any  fly  blows 
M  tli«oyr«of  sirE.  Gaitfr«v. 

Mrs.  Rjit^on.  If  it  pleiCse  you,  mv  lort!. 
Asm  were  a  great  many  peofile  sai<l  tbere 
tmvdy-ldims,  I  tooknn^pnt  noiircof  Ibeiii. 

JL.  C.  J.  lie  asks  you  what  ynu  nay  to  Iiik 
BWUh,  Biid  his  noMrila,  were  tbere  fly-blotrE? 

nr«.  Smct/iii.  If  it  fihase  vou,  my  lord,  I 
eatt*!  «v  notliingtd  it.  fnr  I  did  iiat  much  mind 
it,  Out  thtry  aeemed  IIv-Ii1oks. 

t,  (..'.  UBfeyoi' 
T.rwrtlif 

Mr.    Farrtll.  I  j 
inwi)  may  be  t 
IfiHIUMtreslookaaiBrl^.Uodfrey  dulf 


_   u^d,  vJOlal  wlwrh  «nd4  Ab 
»«ikrpti£ainhi*DBrbliUb««Midi  fm'lt 
lord,  pfDpk  that  are  haa^aal  Id iM>4F^ 
wanu,  ilw  blood  draioa  aws;  by  A*  tr 
lliaiarcbniLeii,  anrflbarEwfainnl'    ' 
and  their  lac™  bo«nw  *    ,   , 
lliiiq^  wliervwHb  lie  was  ilruifM  ti 
aUna  liik  ueck,  llie  UomI  mwU  twldma  ^ 
but  it  made  bis  taoe  tuok  hknal)'.  ThtV 
CbaHeB,thekiw'i^Mbt«*ry,  wwAmk 
I  wtia  tbete.  anltlic  blood  thatvai  i^^ 
yank  from  Uia  dikdl,  I  potuv  Im 
and  wvAt  to  it,  tuid  it  lanit  lik*  ■ 
f:»m«s  from  a  body   aAer  : 
di'wl,  nilhi^r  than  a  week's ;  my 
hlnodaixlwiiicr.  The  wam  will « 
iht  IdnurJ. 

8<r   P'vin.    Ifin.    Bnl  yon  bdl 
ilnngint. 

Mr.  £<BimA5i.  \f ;  hif  uadi  Cr 
bitlxn-  <poiittti^  l»  die  offtr  un  of  hn  ^ 
and  tiMmtohisstoniacti  and  krraikl)<n*Ml' 
mnch  diMolonred  moA  UtA,  uul  )wi«>l< 
was  dLiici^nn>l.  Now  «>hi!«M*«c  a  vaklM 
bniiMd  wkibA  hr  ia  aliire^  tm  mIhIm  b«  tawMft  i 
lhMpaM,«fta*lfai:p(niaH  4«ad,«it«  ~ 
totrift. 

L.  C.  J.  Il«ua>dalorc««>ntbM 
(«irl  "111  fiiit  corrupt. 

.lie.  L.t^mbv  My  bid,  aftt-r  Mr.  rk«>ki 
apotlwcary  and  1  liad  seen  Itini  at  die  Ktil>- 
liiiuw,  I  went  up  to  driok  a  glwM  of  b(«r,  wi 
nir.  Chase's  suiiiinbuttoD.nl  sir  E.Go^itf' 
cidlar,  wllicb  wis  luilre  iban  I  raw,  whll 
was  ruiiie  iu,  aod  utibutuuiiij;  ibo  cotlu,  dai 
were  III  0  great  creasm  both  alurf  aod  htl*, 
so  ihoy  Aent  for  me  dow  n  fur  to  rome  lo^  0 
il,  so  I  put  the  collar  U)|^kcT  ami  1  pcrcord 
the  ciilUr  madolbemark  tike  u  strait rii^lfM 
a  Hog!  r,  the  neck  bein^f  swelled  aboH  ^ 
ndlar  and  below,  by  the  strangUng  withiMi 
ordoili. 

Siv».  Wi".  Do  you  think  be  killed  biiadr 
now,  Mr.  Farwell? 

Mr.  iMiiiihy.  There  was  sontetbtog  ia  ik 
cover  of  bis  ej  cs  like  matter,  but  1  am*  mj 
il  nax' fly-blows.  His  eyes  were  opv.  •} 
lord,  aod  lii«  eyes  were  blood-cbHl,  ■*  Hr 
IIoMm  hath  given  you  an  aocoont,  as  ifhe  W 
an  extraordinary  great  ctdd,  ur  a  man  ibal  biJ 
a  blow  upon  the  teululea  or  foirehead. 

Mr.   iei-ncll.    Wb«h. 

Mr.  Lasinbt/.  My  lord. 


bia  eyc-U 


wben  I  s^ 


I  saw   bini  almii  ni 


Mr.  iancelL    Wben   I 
o'clock  in  the  moraint;,  liii     .  _       

Mr.  Lutinln/.  I  telt  upon  bis  olull-u;  I  » 
niin  <l  Ihiit  his  dndjes  were  not  wel,  llierc  bi' 
liaf inj-  been  bo  great  a  alorm  tlw  allBMi 
belorc. 

Ik  C.  J.  And  liis  dotkaa  W4sc  aal  wtk$ 


MS}         STATE  TRIALS,  34  Charlbs  II.  l682.-^/9r  several 


[isafi 


Mr.  Xoriiiiry.    Hit  ckrtlMs  were  as  dry  m 


Mr.  FarwelL  My  lord,  tbey  made  a  great 
le  there,  and  dried  his  clothe*. 

I..  C.  J.  Come,  Mr.  Farwell,  there  is  no 
Ban  so  bUnd  as  be  that  won't  see.  Will  you 
mD  anymore  witnesses  ? 

Mr.  'Farwell,  I  will  call  no  more  witnesses ; 
art  I  suppose  they  will  ofier  against  me  that  1 
naPtoist 

8eq.  Maynard,  No,  no. 

L,  C.  /.  Truly  your  religion  is  not  worth 
■^nrin^  into :  It  is  not  much  to  the  purpose 
ilat  religion  you  are  of. 

Serj.  Mayn,  Gentlemen,  you  hear  he  hath 
Ml  able  to  make  no  defence  for  himself;  but 
btbe  satisfaction  of  the  world,  my  lord  hath 
ikn  great  pains  in  hearing  him.  I  shall 
ink  but  very  few  words,  and  call  a  witness 
r  two  of  some  new  matter ;  that  if  it  be  possi- 
e  to  oonfince  him,  we  will  do  it.  We  need 
iC  do  it  because  his  own  witnesses  tells  you 
the  aereral  bmises  and  wounds  he  had  ;  that 
ere  were  no  fly-bkiws,  no  putrifted  m&tter. 
o«r  can  a  man  that  stabs  himself,  bruise  and 
at  faimself  in  the  manner  that  you  have 
•rd  ?  There  is  never  a  witness  that  hath 
oken  OB  his  side,  but  hath  spoken  against 
B,  to  prove  himself  as  malicious  a  felbw  as 
a  be.  What  had  he  to  do  with  this  ?  Sir 
hDondbary  Godfrey  was  nurdered,  was 
umI,  inquiry  made  afWr  it,  and  prosecotion 
avMon ;  now  comes  this  fellow  and  permits 
reral  nrgmnents  against  it,  every  one  of 
na  from  matter  of  tact  that  is  fobc,  and  yet 
ikiiiln^  it  to  the  world,  that  he  will  prove  it 

^OO  undeniable  witnesses.  We  will  now 
[1  some  witnesses  to  prove  him  as  wicker!  a 
lives.    I  sav  what  hail  he  to  do  with  it, 


any ;  none  of  any 
1  be  so  wicked  to  own  such  athinpf.  Wc  shall 
mre  the  favour  to  call  a  witness  or  two,  to 
»ve  something  more  than  hath  been  proved 

tliis  munler,  though  there  was  evidence 
ouffh  upea  the  trial  to  prove  it. 
SoT,  Gen,  Gentlemen,  Mr.  Farn-ell  does 
etend  that  he  liatli  only  told  so  many  lies, 
iA  bath  left  the  world  to  make  use  of  it.  And 
ith  brouglit  witnesses  to  colour  this  matter 
er,  in  hopes  tu  make  you  believe  the  matter 
tnie,  hut  Mr.  Farwelf  luUh  fiirs^it  himself, 
s  papiT  is  nuite  other wiiii\  for  he  hath  argiietl 
NMi  It,  an<l  mafl<!  intercnci^  that  thorelbrr 
r  Kdmuudbury  liiNlfrey  iiiunlerod  himself, 
eretbrc  he  is  guilty  of  the  highest  lualicci  in 
«  world,  lie  telLs  a  great  many  falsities, 
id  from  those  falsities  hath  inferred  others. 
he  |Aper  is  full  of  arguments. 

X.  C  J.  Gentlemen,  1  did  give  him  leave 
•  go  into  what  evidenc<7  lie  wouki  in  tlii4  i^asc, 
It  that  I  thought  it  material ;  ft»r  if  he  could 
ive  jH-oved  never  so  inucb,  ^et  his  mali(«  hail 
ertsr  been  the  less  to  have  £»one  and  aspersiMl 
10 gmranunent.  What  had  he  to  do  to  meddle 
libit?   To  what  purpose  sbouhl  he  write 


books  oonceming  the  matters  of  government^ 
to  traduce  the  justice  of  the  nation  ?  The  peo- 
ple had  suffered  as  malefactors,  and  what 
nad  he  to  do  with  it  ?  If  they  had  waSkxeA  in, 
nocently ,  he  ought  to  have  done  no  suqh  thing 
as  this  18. 

Seij.  Mttyn,  My  lord,  but  one  witness. 

X.  C.  J.   Pray  aaJd  whom  you  will. 

Sjeij*  Mayn.  John  Oakdy.  We  will  prv^t 
that  be  was  waylaid  that  very  day  he  way 
strangled. 

Sol.  Gen,  We  have  no  need  to  eall  any 
witnesses  now,  to  overdo  a  thing.  We  may 
leave  it  here. 

Jury^man.  Pray,  my  lord,  if  they  have  any 
more  witnesses,  let  us  near  them. 

L.  C.  J.  It  is  nothing  to  this  purpose  to  c%ll 
any  for  the  king,  nor  huth  Firwell's  evidence 
signified  any  ming  to  this.  He  did  design, 
an<l  would,  no  doubt  of  it,  have  been  very 
much  satisiicd  if  be  could  have  made  but  some 
probable  evidence  that  sir  £.  Godfrey  kiUed 
himself,  and  i  was  desirous  to  hear  what  they 
would  say  for  themselves.  But  you  hear  what 
a  kind  of  evidence  it  is ;  not  a  witness  he  hath 
called,  but  is  as  much  against  him  as  can  be» 
and  does  evince  it  plaiuly,  that  the  man  was 
killed,  and  that  he  was  killed  by  strangling  ; 
and  so  tlie  evidence  was  upon  the  Trial  of 
Green,  Berry,  and  ilill.  If  he  could  have 
raised  a  doubt  about  it,  yet  his  oflence  had  not 
been  mitigated  by  it,  for  a  private  person  is  not 
to  arraign  the  justice  of  the  nation ;  but  I  was 
willing  to  hear  what  could  be  said  in  the  case, 
wliether  a  doubt  could  be  made  in  the  world» 
tliat  sir  E.  Godfrey  was  not  murdtred.  And 
you  see  how  his  very  evidence  hath,  in  all 
things,  confirine<l  the  evidence  Prance  hath 
given  that  ho  was  killed,  and  that  he  was 
killed  by  strangling.  1  must  leave  it  with 
you,  gentlemen,  they  are  all  three  in  this  nu»« 
chief,  it  is  a  combination  of  them  to  affront  the 
|Hiblio  justice  of  the  iiati<m,  and  w  hat  is  the 
end  of  it  ?  The  end  of  it  is  to  make  people 
believe  tliere  is  no  popish  plot ;  but  it  is  plain 
he  %%as  killetl  by  the  |iopish  party  ;  as  Prance, 
iqion  his  evidence  against  (ireeu,  and  the 
others,  attested.  But  if  they  could  have 
made  it  out  that  he  killed  himself,  all  of  them 
woukl  have  cried  out  the  Po|Msh  Plot  was  a 
sham,  notliinic  but  a  thing  raiM>d  bv  the  IHti- 
testants  against  the  Papists,  and  ab  the  plot 
must  have  gone  for  nothing.  Gentlemen,  I 
do  lf:ave  it  to  you,  \«  hither  uiion  this  evi- 
d<*nee  you  do  not  believe  them  all  tobeguihy 
of  this  design  of  trailuciiig  the  justice  of  tlie 
nation. 

The  Jury  thereupon,  without  going  from 
the  Bar,  found  them  all  three  (iiuilty  of  the 
Information.  And  the  people  gave  a  great 
liiuii  * 

*  tSee  in  this  Collection,  tlie  Cases  of  lord 
Shat^burv  p.  759  of  this  voltmic ;  of  the 
Seven  Bishops,  A.  D.  IdttH;  and  of  liilonr, 
A.  D.  179<i» 


ty]  STATE  TRIALS,  34Chables  II.  l6t2.— Trial  of  nompumani 


Nattuuuel  Thompmn,  William  Pain,  and 
John  Fanvell,  wpre  brouBtfil  up  by  nilc,  (n  iho 
bar  of  ihp  conn  of  Ihe  Kin^'s-bevcb  U>  receire 
Ihrar  Judgment:  Mr.  ThotnpMii,  the  cniin- 
aellor,  moved  Tor  Jii'l^ment,  aoO  particularly 
prayed*  they  mijjhlliiircBoiuerofp  Ota!  puniih- 
meut,  acquuiatio^  the  court,  that  since  their 
trial  (though  thuy  hail  as  much  lime  and 
Tiberty  given  them  by  tile  Lord  Chiel'  Juslic^, 
10  cul  their  wiinesSes.  and  examine  wtiom 
dwy  wonlO,  "s  ihey  could  ileEire)  the  very  nest 
news-book  TbompsoQ  put  out,  he  took  upon 
him  to  give  an  account,  as  ihougb  justice  Bail 
not  been  done  bim  ;  anil  further  saiil,  if  lliere 
wa*  any  doubt  of  the  fact  with  Itlr.  Thompson, 
or  Mr.  Farwdl,  or  cf  Mr.  Pain,  tiiere  were 
aSdavila  to  satisfy  the  novlil  aboul  it. 

Then  Mr.  Spentt'sAtfiilavit  was  read. 

Richard  Speree,  citit-n  and  upholder  of 
London,  living-  in  Amodel- street  in  tlie  Strand, 
in  the  parish  of  8l  Clement's- Dane,  in  the 
county  of  IVliddlesex,  hacincr  been  twice  sup- 
ptcuaed  lo  pve  evidt^ce  fur  the  Irin^,  upon  en 
information  ekhibllnl  iu  the  crowo-olfice 
against  Nathaniel  Thompson,  William  Pain, 
and  John  Parwcll,  and  not  being  called  at  tlieir 
trial  to  rive  evidence  io  open  court,  makcth 
Mth,  That  upon  Tliursday  the  IQih  day  of 
October,  1678,  it  beinc  thi^  Thursday  liefore  sh- 
E.  Godlrcy  was  missiD)^  from  his  ova  house 
in  Hartshom-Ione  in  the  Strand  ;  Ax  he  this 
deponent  was  coming  Irom  St.  James's  market 
to gvto  his  own  house,  about  7  of  the  clock  at 
night,  ihpre  ivpre  llien  at  the  Watcr-^le  of 
SomErsFt-house.  ,S  or  6  men  stanclinii;  lugellier, 
who  laid  hold  on  (his   deponent  as    he  was 

K'xtg  by  them,  and    they  taking'   hold  of 
this    deponent's    arms,    dragged    him 
down  about  a   yard   within    the  Water-gate 
of  Somerset- hooBp,  it  being-  dark  ;  but  one  of 
■  ■    ■  t  believes  lo 

/  well,  as  also  hit,  master  Doctor 
(Jodwyii,)  cried  out  and  snid  this  is  uot  he, 
upon  u'hich  they  immediately  let  thiti  deponent 

go.  HlCrilHD  SPENTE, 

Jail/  10,  168?.    Coram  me,  Vi'.  Dolden. 

Whereupon  the  Clerk  of  tlip  t'roivn  wiiil, 
that  il  was  one  ciptaiu  Spence,  whnm  he  knew 
very  well,  and  that  he  was  a  tall  b1ac!<  man, 
and  like  Kir  E,  Godfrey. 

Then  John  Oakleyh  Affidavit  was  read. 

John  Oakley,  of  Ihe  parish  of  St.  Martin's 
in  the  Fields,  m  the  county  iif  Middlrsex,  ser- 
vant to  Mr.  Robert  Breedon  of  Hartshom-lane 
jn  the  said  parish  and  roiinty,  brewer,  makelh 
oath,  That  on  Saturday  tlie  laili  day  of  Octo- 
ber, in  the  year  of  onr  Lord  1671,  about  B  or 
g  of  the  clock  in  the  evening,  he  was  in  the 

•  Seethe  prayer  or  rallierperhsps  recom- 
■lendation,  or  as  it  might  seem  ihreciioo  of 
Thurlow,  Altomev  General,  in  the 
Home,  (a.  d.  1777)  in  this  Collection. 


Oakley  of  Bissiier  ii 
Oxon,  malster.aiid  bis  tathn' cauir  with 
for  93  Ludgale,  where  ihey  (nrlei),  j 
deponent  coiiig  homenanU  lo  \\'a 
Breedoo's  house,  ci<miiig  by  Snmenc 
in  the  Strand,  when  he  ami  neat  thi- 
that  house  whieh  leads  diiwn  lo  ibr  uat 
commonly  called  the  Water-gate,  wh 
about  9  lif  the  clori:  at  nicbt,  he  thtue 
a.  lioillrey,  and  pasacil  cWe  bj  l>iin, 
nff  bis  hat  to  hitii,  and  sir  E.  Godfrn 
his  hat  again  t<i  hiin ;  and  alter  thai  a 
nent  had  pa-sseil  beyond  sir  E.  (Ml 
this  deponent  turned  uboiil  and  lo<ikcd  n 
again,  and  sir  V..  Godfrey  siood  ttill,  a 
was  a  man  or  two  near  air  Edmund, 
depoueut  tiirtlicr  Mith,  that  lie  kun 
GoJtVey  very  well,  for  that  he  saw  hin 
daily  pass  i,y  liis  master  Breedon's  I 
Hart^boru-liuie,  gifing  or  coming  fn\<i 
dweUing-iiouse,  which  was  also  m  Ha 
lane.  And  lliis  deponent  furlber  oi 
abont  9  or  3  days  altei-,  when  the  rum 
that  sir  E,  Godircy  ivbs  niissinr,  he  a 
e<l  his  fellow-servani  Elix4betli  Dekin, 
saw  sir  E.  Godfrey,  near  the  Water 
Somenet-house  in  the  Strand,  thatter 
day  night  that  he  was  reported  to  hi 
missiugfrom  bis  bouse  in  Uartsborn-lt 
this  deponent  further  saith,  lliai  he  Inldl 
thing  to  bit  uncle  Ralph  Oakley  of  A 
of  Litlle  St.  Bartholomew,  aliont  a  ■< 
the  limetiiatvirG.  Godfrey's  body  ts 
and  also  that  he  told  the  sanie'ibia) 
tatlier  the  aforesaid  Robert  Uaklej,  u 
veral  oihers  in  a  short  ti 


Jane  21,  IG83.     Coram  o 


isOi 


Crowu-offiee. 

Aflpr  which  the  court  cnnsuhed  I 
and  Mr.  Justice  Jones  bai  iiig  tiril  sfi 
greatnes.s  uf  their  crime,  jfa'*' 'he  jod( 
the  cinirl,  which  was.  That  Tbomp 
Farwcll  should  stand  iigioii  the  pilk>n 
Palace-vard,  the  last  d.iv  of  term,  trfl 
hours  of  10  and  1  of  tl'ie  dock,  tor  U 
of  an  hour,  end  each  of  them  In  pay  tl 
and  to  be  imprisoned  till  they  li>d 
And  as  lor  Pain,  he  told  him,  Ihicause  i 
did  not  citnceive  bim  altut^hcr  so  gni 
would  indict  no  corporal  piinisbmMlt 
but  did  adjudge  bim  In  [my  100/.  hae,! 
imprisoned  lill  he  jiaid  il. 

Atterwards  the  court  was  moifJ  k 
llidr  Judgment,  it  being  apprebeudM 
was  pronuiiuccd  vpim  the  Pillorr ; 
court  did  d«-lare  that  Iht-ir  inteDlNO  < 
so  the  expression  vj-oa  the  Pillon  wi 
undcriAood)  that  they  sboiiM  stanota  ' 


A 


STATE  TRIALS,  34  Chablbs  II.  l6S3^/m-  m 


[1390 


ioKly,  Vfednmiay  die  Sth  of  July, 
jompson  and  Futrell  stood  to  tbc 


I  murder,  no  discoitnigeineDa  or  duffen  thov 
'  aflronting and arraigningUie  public 


the  Old  Palace-^rd  at  Westminsler,  |  justice  of  the  kingdom)  hath  been  ^le  tc  deter 


writing  overtheir  heMl« 


odfrev  uuirdf^red  himself." 


)1X,  coRtoininf;  lereral  other  Atfi- 
M,  wh'ch  furtucT  coafirm  the  testi- 
f  of  !tlr.  Miles  Pbance  ;  gireu  upon 
rriul  of  Green,  Berbv,  and  Hill,  for 
lunkrofSr  Edmundbury Godfrey : 
1  some  Obaerv&tionB  touching  Tlionip- 
Pain,  uid  Farewell, 
balh  been  of  late  by  many  learned 
le  appear.  That  the  n|Hsts  do  justify 

durdera,  and  masncrea,  against  any 
t  [ffiticeor  jieople  (whom  they  reckon 
fur  the  advancement  of  their  reli- 
il  is  OK  well  knonn,  that  if  those  rc- 
nurders,  and  massacres,  be  discovcr- 
tan  (if  tbcy  shiU  think  them  ncedlui) 


them  from  impudent  attempts  (impndent  I 
may  say,  the  rsther,  because  done  under  a 
Protectant  goremnient)  to  sham  cfftliat  murder 
from  themselves,  and  making  the  whole  pro- 
secution to  be  only  a  design  snJ  contrirauce 
uf  the  Protestants  against  them.  Witness  finit, 
ibat  DOtoiions  slmrn  of  James  Maerath,  an 
Irishman,  who  (being  assiitted  by  toe  Popish 
priests,  in  Neiveate,  Mrs.  Cdlier,  and  Hn. 
Gibbon,  and  others^  pretended  there  were 
those  that  could  make  it  appear,  and  prore, 
that  air  Edmundbury  Godfrey  hanged  himself, 
and  that  one  Hoor,  who  »aa  clerk  to  sii  Ed* 
mundbury  Godircy,  cut  bim  down,  finding  hhu 
hanging.  Which  matter  being  examiiMd  at 
the  council  board,  and  appearing  to  thdr  ho- 
nours to  be  a  hiae  and  nialiciouH  contrivance, 
tbe  nid  Magratb  was  dismissed  with  secnri^ 
for  his  appearance,  and  that  project  tell  to  th« 
ground.  But  for  the  fu.-thur  sutislUution  nf 
the  world  (tbawh  I  think  n'llioily  did  beliere 
that  idle  story)  f  sh^  huiu  inwni  ill.  Moor'a 
affidaul. 


mg 


Tbe  Affidavit  of  Henry  Momr. 
Henry  Moore,  late  scrvarj.  and  cleric  to  fir 
Gtlottmilbury  Gudlrey,  decea.'^ed,  maketh  oath, 
U  niHiQ  Saturday  Uie  ISth  of  October,  I6T8, 
saiJ  master  liaving  pcisons  come  befora 
•ear  guiltyof  tlicm.  That the-.e  bath  i  biin  about  justir«-busineas,  till  about  nineof 
jHsh  Plot,  (and  a  desperate  out  ten)  the  clock  in  tite  forenoon :  when  the  com- 
id,  for  tlie  suhiersii-Q  of  the  Pro-  |  pany  were  gone,  he  bade  me  help  him  on 
rligion,  and  Est^ibiibhed  Goicmmcnt,  '  witli  hi'!  coal,  ivhirih  I  did  ;  and  iinmediatdj 
I'l  Ulan  doubts,  only  some  jierMiru  '  hi-  nia<)i'  me  pall  it  olT  »i,'aiu,  and  ipve  him 
fnst  i.  is,  may  deny.  Aik!  auKingM  :  auotiier  coat,  uhich  1  diil -,  uud  tlieii  lie  girt 
loincurrinefi'idencesol'lhii  Popiili  I  bis  xword about  hiui,  and  went  out  from  his 
>,  the  murder  of  that -viirLhr^o.itlc-  ■  h(ni'r,  wjiidi  i.^t  tbc  last  time  I  saw  bim,  (jtl 
iiagistrate  by  t!iat  iiarty,  liv.h  n'rt  '  albirhe  was  l'.'....d  d:-a'l  in  tbe  Add*,  which 
eaat.  That  whicii  mdiKcd  th^;  l^a- i  wan  t]ieTbur-;i!:.'Vii-l!iiuin!(.  TliecenMaMuof 
is  murder,  (as  nxll  ^>  r?n  he  guessed  St.  Giles  in  Hw  i  i«|ilh,  i::id  mytnl  otberi  with 
who  are  strAr,gLrs  to  that  wirkcd  I  him,  came  to  ui  •  ;iub(c. 'i  hniwr,  anil  told  us, 
soneorbotk  of  tbfse  cnnsidcralioNS ;  |  that  MrK.  OmIuj  wuh  liiiiid  dead  ami  liiidin 
he  boDM  of  finding  and  seizing  the  ;  a  ditr^h  at  Friiur.-w  -iitil,  and  a  »w«nl  tl:rust 
im  of  l>r.  Oates  ah^ict  the  dainnallc  '  tlirough  bill ;  htuI  .^'I  u-.  liail  cauwl  him  I* 
ut  Mhich  he  h^rl  'akeii,  and  used  to  I  im  carrir:d  to  Ih'-  Vt  tiiti>l:>-tise  ;  Tliis  being 
.It  Mith  him,  hy  uhld)  ihcy  thought  :  late  at  night,  tbu  ih-M  day  m',  iiiiuilcr*s  l»<i 
c  Pk'l:  iirelsc  they  thui^Nt,  by  this  \  brothers,  and  listen,  and  ■ti\-><'ll',  wi-nt  thither ; 
II  affrigliten  nil  active  magL<:t(ate«  and  then  I  saw  him  lyt-  iipou  a  Ial4e  in  Ihti 
rTt^urousin  tbe  fut'ire  txauirnation,  bnibe  where  tliK  con^lnblu  bad  Uid  him, 
(T  |-n:.iecii;i'>n  of  tbfir  hiirrid  con-  ,  wliich  was  tbc  iirst  timt  lliai  I  ■uttv  him,  alter 
lKiiu;h  (iliroiigfa  God's  providence),  hcwiitmitif  hi<iOHii  IhiU.w!,  on  Kitiirduy  the 
bcvn  very  mtich  disappfiinted  in  both     IStli  of  (Ictob'T,  IGTK.     Aud  then  hc  hrmigbt 


PapiMs  arc  vi  seniiMe  how  mud 
vT  pmchc'i  ibetn,  that  after  the  cm- 
1  cveculiiKi  of  the  jMiriona  f'»r  thai 


.  bim  f.oi 


•  to  hit 


tiirmcl  that  there  al 

aoil  wrirdi  girr 

hangnt  himself ;  and  lliai  they  ihi  affirm,  Thai 

I,  tbe  said  Henry   Mon.K,  alioutd   i 


r.d  ^ii-'laloiispaiiKnt, 
o'lt.  That  sir  f^  Godfrey 


■ay  tliai 

!,  That  III 


f  Ihii  CollectioD. 

iiiitlinient  of  the  I'iIIm^-,'  tee  the  |  «aid  r-fi.t  is  utunly  lahc ;'  anii  (hat  I  diil  ant 
19(41.  lit'  it.at  Viilumc,  aiid  thr  pa;i'  :  cut  him  down,  iiu.  i  ber  said  any  such  wonU  le 
t  K'lWrul  to.  Sec  alio  tlie  lrtu:r  if  ,  auy  pennn  whatvKter  ;  nr  eiW  «iil  llrat  <iir 
«  i'.;Hts  tu  Lord  Chaoc£lli>r  Mw:-  i  K.  G'nlfn-y  nude  away  hir;iv»f.  or  wurH*  to 
n  tbe  Case  of  Kca  s.  Hcndley,  !  that  t^Ttxl :  tVbich  aaid  ac^idah  are  all  lalta 
Hm tbb CoileciiaK.  j  aiHl  HvUtiiMH  bM>  Hi-<at  Hu-^ak. 


Kt«9l]  STATE  TRIALS,  S^Ch&slbs  U.iSss,— 7H^^ 

June  38,1681. 
Ilenry  Mnorc  of  Idtdepnrl  in  Uie  LJe  oi" 
Etv,  ami  lyiuiity  of  Cambtiilgc,  made  oaUl 
liruire  aic  William  nalain,oDe  ol*  his  m^festj'ii 
juiiticMfnrllii^  xaiillsk;  that  ihis,  which  is 
coDtainnI  in  llie  aJiuve  HTltten  affiduf  It,  ii  true, 
ami  DOlhing  but  truth.  In  witneM  wfaereor.  I 
hav«  hertiuntu  set  my  lianil  and  seal,  tiieiluj^ 
ami  year  above  writleu,         Wujjah  IUlam. 


Vist,  thnuffh  thia  ninlter  had  prorFJaoun- 
■UMcnifid,  ihoy  miilil  iii<t  Iw  i|ui«t,  hut  most 
make  duo  »pcrim*nt  mnra,  ami  that  is  con- 
tmry  tolholbrintT  :  FutDinr  they  det^lurp,  that 
Iwniiitlr  away  himiivU'lM  tivtb^  a^ree  with 
Magrallik  but  it  waa  by  rnnnmg'  Hh  swnrA 
rttrouffli  iiiii  own  bmlv.  Aud  TbocnpMn,  Fare- 
ivtill,  wui  t'liiii,  are  tlw  men  that  art  to  miuiBge 
■hii  tivw  inveHlion  ;  and  tlx^y  write  anil  prinl 
tfa*  Hcanilnloiii  Iftten  anil  HMn  yan  trod  in 
thnir  trial ;  And  lest  any  me  Khould  dare  to 
quwltou  the  truth  of  lliem,  tliey  boasi,  they 
can  prove  their  assertions  by  TiOO  vriiiteMcs. 
Krery  body  thooght  tlic  inunler  sufficirntiy 
prored  upon  the  trial  of  Orcen,  Kerry,  end 
Hill,  and  wrtv  nma/eii  (n  hear  xurh  a  deolara- 
ratioD,  thiukin;:'  it  hardly  poawblc  ibr 
10  be  so  ini|>iiilonl,  publicly  li>  dLirlarc,  they 
lai)  AOU  witnawMi  to  prove  a  matter,  when 
th«y  hadnut  one,M>may  bcwenby  their  trial; 
Ibi  evwy  witnuM  mw\e  n^nimt  ibem;  and 
fiirtW  prored,  thnt  he  won  inuvdored,  and  that 
by  «u«itKlinir-  Bat  for  tbete  aeandalous 
liWa,  Chpy  were  bronchi  before  bin  lu^uaty's 
iuo<it<  boiiuiirnlile  privy  ttiinicil,  who  (upon 
their  owning  those  lilielh)  uoiuniitted  ifaciu  to 
New)(ate  ;  andurdt^red  the  Attoruey  GeDcnil 
10  pfwteuto  them  ;  and  necordingly  yi 


Jwlgmenl  hath  been  i-xwutcd.  But  though  the 
murder  waa  cicurlv  prored  at  the  trial  of 
OrMU,  Dcrry,  and  Hill ;  ajid  though  alter  all 
tbeae  bruEN,  that  ThompsDii,  Farcwoll,  and 
i^ull,  made.  That  tliey  could  prove  ho  mueh  at 
their  trial,  they  could  make  out  nothing  ;  and 
m  it  was  lint  ticersbary  to  call  any  more  tvit- 
ncMM  Ibr  the  kiiigr^itni  j  vet  for  tlie  further 
antiafiicliun  of  tlie  world,  it  hath  been  Ihonght 
fit  to  print  (beside*  what  in  printed  with  the 
trial,  upnn  giving  Judgment)  tbt-  IblbiHuitr 
Hve  Bt)iaa\'its  all  agreeing  iritb  Mr.  PraiiFe'a 
tentiniuDy  upon  the  trial  of  Green,  Berry,  and 
Hill  ;  and  an  to  the  first  finir  of  them,  see 
John  Oaklry'i  affidaWl,  printed  in  thetrial,  at 
p.  as. 

TIo'  Aflidaiit  of  ElUahlh  Vekin. 
Khwdirth  l>ekin,  mmni  to  Mr.  Robert 
|)rt-<<don,  ft'  Mnrwhurn-Lane.iiitbeiiaridi  efSL 
MurLinviiilliebNelilii,  in  the  county  ol'ltliildleseT, 
breww,  nnil^'th  n«th.  That  about  twu  or  three 
(tay*  Qt^t^r  till,  nutiour  wa*  publiMi«>d.  That 
■Ir  KdiminiMiiii'i  »nK  niiswif;,  her  fellow  Eer- 
Tuiit,  John  thiklry,  told  her  tliisrfeponenl.  That 
lui  unw  Mr  Kdniundbiiry  GndJrey  near  the 
>VaWr-g»toM»»ittwl-hM«e  m'theSimnd, 


abanl  ibk  nf  *e  elvi*  *^H 
niirht  ibaa  be  waa  fiitf  •"■^^^H 
in  UaralMmJalw;  aol  Afl^H 

manor  two  ■an*  ifca   ■adar^B 


That  her  « 

her  ^tetmv  (he  MyViicX 
trey  waa  toaal)  wbat  aon  te»  ra 
Edmiudbmr  GmI6«;?  She,  lUk 
titld  him,'niaidMbm4a»Bnn«l 
that  b«r  feOoii  armM,  Job  tlU 
her.  That  b<-  tod  ar  rhi^tnij 
near  the  Water-pte  at  Samitim  l 
very  Solin^lay  nigtrt  be  wei  Gnt  ma 
his  house  in  HattabarB-bme.  JM 
poneat  futtfaer  nifh.  Thai  ^ihai 
said  John  Oakely,  IT  b«  km  aon 
Edmund  J*  And  be  rislinl,  be  wim  ti 
was  he,  Ibrlie  pill  offhidwi  tu  tir  E4i 
Godfrey,  as  he  pasivd  by  him  ;  aail 
mnndbury  Ondlit-y  not'  off  hi*  la 
again;  audheklsa  toU  Inv.Thtf  >k 

Iass«d  nr  Edmiindhunr  Uodftvy,  U 
olio  OaLelv  laiking  liiudi  avain,  at 
muDdbufV  Oudfrey  dand  aliU,  aari 
two  hardbr  him,  Buiucrai 

June  S2,  tOSa. 

Coram  mp,  Joum  Hmkc,  III 

The  AlfidaTil  of  JM<f4  A>«ab 
Robed   Brendon  of  HarlalNra^ 

parish  of  St.  Hturiin'a  in.  the  Wk 
oouniy  of  MiddU's.'V,  hrewtr,  i^ 
That  nne  nijhl,  hotwi«  Snlurtel 
day  of  October,  in  the  y»-ar  of  our  Ut 
and  before  the  body  of  sir  Edmuntti 
frey  wasfound,  he  ciiminff  homeioi 
about  nine  of  the  elock  at  night.  asLed 
taut  luaid,  Elixabclh  Ueldu,  If  that ' 
any  news  of  Eir  EdinuaJbiu^  Gi^rr 
fuundP  or  wonls  to  thatpnrnuc:' 
pliid.  That  she  heard  iioiliing  of  b 
Ibimd  ;  but  told  him,  That  hcrr  fefm 
John  Oakelv,  did  positively  a^inii.Tbl 
sir  Edmuiidbury  Gmllrey  near  llic  Wi 
at  Somerset  hoiisf  in  lIieSmud,|]ut 
turday  iiit^bt  about  nine  of  the  docL.) 
same  Satunldv  that  ha  was  Gr«t  Ul 
bis  house  in  Hnrl)dioni-ltuie  ;  to  *l 
deponent  re]>!ied,  K.ire  John  is  niidl 
whicb  Klizubcth  I3ekiiia[isvier«d.J«il 
said,  he  was  sure  it  iras  he  ;  for  i4b 
him,  he  put  off  his  hal  to  sir  EdmiuAi 
frey,  ondsir  Edmiindbury  Ood&np 
'  it  to  him  again.  '  Hobert  W 

June  iQ,  ions. 

Coram  roe,  Joiis  Mooai:,  Mqi 

The  Affidavit  of  RalpH  ChtJf 
tiKpnand  tki 
iuhabitanl  in 
UOlcSt.  Bartholomcwit.  I.aiidiM,M 
of  October   1678,    and  that  J(4ia  H 
nephew,  wBsthen  sndi^nowaNT 
Hoberl  Breedoo,  of  HottS'faora  L 
partih  of  St.  AIorin'aintlM!  TmIi 


l^ 


tXTETmiii,  i4  CnjdliiB  It.  1681^.^-:^  9ifferdl  LthOf.        [1594 

brewer,  ibid  diis  d^onent 
that  sooH.iflBr  thit  the  dead 
imundbiny  Godfrey  wasfimnd, 
¥,  John  Oakely,  came  to  this 
.se  in  a  TJiit,  being  as  this  depo- 
aftoot  Ine  Sunday  after  thtt  sir 
Sodf^y's  body  was  found.  And 
to  discoorse  of  sir  EdmiUlAmry 
Bfibimd  murdered,  his  said  ne- 
Scdy  then  told  him  this  d^po^ 
e  was  going  h<Whe  to  his  Mr. 
sftshom  Lane,  after  that  he  had 
9  father  Robert  Oakely,  abont 
met  sir  Edmundbury  Godfrey 
ck,  at  night,  near  the  tVater-gate 
use ;  that  Saturday  night  that 
ssing  from  his  house  in  Harts- 
[1  that  he  then  passed  close  by 
ry  Godfrey,  or  words  to  that  \ 


,  Wilhiuh  Pain,  and  John  l^arwelly 
ttdnot  being  called  at  their  trial  to  gire  en« 
dettce  fn*  the  king,  in  open  Court,  each  of 
them  oevMUy  fbr  thtmself es  maketh  oath^ 
^at  upon  Thursday  the  17th  of  October,  1678. 
the  said  John  Brown,  bebg  then  constable  of 
Maryldnme  aforesaSd,  word  was  brought  toj 
him,  that  there  was  a  man  found  dead  in  a 
ditch  near  Primrose- Hill,  whereupon  this  de* 
p6nent  John  Brown,  charged  this  other  depo« 
noit  William  Lock,  and  several  others  to  go 
along  with  him  thidier  ;  and  when  diey  camtf 
to  the  place  where  the  body  lay,  the  said  depo- 
nents John  Brown  and  William  Lock,  went  into 
the  said  ditch,  as  also  some  other  persons, 
which  were  then  with  them,  some  of  which 
are  since  decease^l.  And  the  said  deponents 
viewing  the  body  in  what  posture,  it  lay,  and 
finding  a  sword  thnist  through  the  body,  they 
»enpon  thfs  deponent  asked  his  each  of  them,  the  said  deponents,  did  feel  under 
re  you  sure  that  it  was  sir  £d-    the  body,  and  found  that  the  pummel  of  the 

sword- liilt  did  not  touch  the  ground  by  a  hand- 
ful ;  but  not  knowing  whose  body  it  was,  they 
the  said  de|>onents  and  others  that  were  then 
withtliem,  puUed  the  body  out  of  the  ditch, 
and  found  that  it  was  the  body  of  sir  £dmund* 
bury  Godfrey,  with  whom  they  were  vciy 
well  acquainted  in  his  life  time. 
June  30, 168S.  John  Brown. 

The  mark  of  Wm.    W.  L.   Lock. 
Coram  me,  John  Moore,  Mayor. 


ifrey  that  you  then  met  near 
3  ?  How  did  you  come  to  know 
his  said  nephew  made  answer, 
ry  well,  for  I  saw  him  almost 
!r.  Breedon's  house,  and  he  lived 
ane  a  little  below  my  master's 
*  wor  J^  to  that  purpose. 

Ralph  Oareley. 
W.  DolbbnI 


idavit  of  iSo^^r/  Oakeley. 

ley  of  Bisseter,  in  tlic  county 
er,  maketh  oath,  tliat  he  Ileitis^ 


The  Affidavit  of  B^nj.  Jlfan. 
Benjamin  Man  of  Ix)nd<in,  gont.  having  beeik 


Satunlay  the  l<2th  of  October    twice  subpoened  to  give  evidence  for  the  king 
ion  John  <hikeley,  servant  to    upon  an  infoimation  exhibited  in  the  Crown- 


ecMtnn  of  the  paristi  of  8t.  Mar- 
ls, in  the  county  of  MiddU>s«:x, 
is  ilKponciit  did  ihcn  acrompuny 
ibn  ()akcley  without  LndtfiU^, 
d  with  him  iiboat  nine  o\>loi*k 


office  against  Nathaniel  Thompson,  William 
Pain  and  John  Farewell :  and  not  beiiipf  called 
at  their  trial  to  g^ive  c;  idence  in  open  Court, 
maketh  oath,  tluU  about  the  time  Green  was 
i'har^e\l  with  ttie  murder  of  sir  Edmundbury 
hiM  deponent  went  out  of  to»n  Godfrey,  This  deponent  comin^^to  the  Gatc- 
y  I'ol lowing ;  before  the  body  of  ■  house  lu  the  morning,  found  the  said  Green 
y  Gmifrey  was  fwund.  An<l  this  i  about  to  be  put  in  inms,  and  asking  the  turn- 
er saitb,  that  some  short  time  keys  vihat  was  the  matter  ?  They  told  him 
g  to  town  sigain,  the  said  John    that  Green  was  cliarced  with  the  murder  of 

sir  E.  (lodfrey.  Ami  then  the  said  deponent 
calU!tl  to  sec  hi.s  i^'arrant,  and  this  deponent 
reading  of  it,  turned  ti>  Mr.  CJrc>en,  and  said  f 
did  not  think  to  have  found  you  such  a  man^ 
whereupon  Green  replied,  I  am  a  dead  man,  or 
M  ords  to  that  purpose. 
Jic/y  3,  10B12.  BsNJ.  Man. 

Coram  me,  W.  Dolbcn. 


n,  then  toldt  his  deponent  tliat 
the  12th  day  of  October,  1678, 
irtcfd  from  this  dc|>onent  upon 
as  he  went  home  to  his  said 
in  Hartshorn  Lane,  he  saw  sir 
Goilfrey,  near  Homerset-house 
uid  then  put  otf  his  hat  to  him, 
r  Hdmundburv  f  vodf  rey  there- 
is  hat  to  the  said  John  (>akeley 
h  this  deponent  hath  declared  tf> 
since  that  time. 
i2.  Robert  Oareley. 

me,  John  Moore,  Mayor. 

I'JoAfi  Brown  and  William  Luck. 

an  I  Wiltiarii  liock,  both  of  the 
leh<ine  in  the  county  of  Middle- 
en  since  subpiened  to  give  evi- 

king  upoi)  an  information  in 
be;  eSwitM  agidnsft  Nathaniel 


The  Affidavit  of  Robert  Forget. 

Ilbbert  Forsct  of  MarylclMine,  in  the  county 
of  3Iiddlesvx,  esq.  having  lieeii  twice  subpa'Ued 
to  ^ive  evidence  for  the  king,  upon  an  infor- 
mation exhibited  in  the  Crown-office  ngainst 
Nathaniel  ThompMm,  William  Pain  and  John 
I-'arewell  :  and  being  not  called  to  give  evi- 
ifeuce  ui  open  Court,  maketli  oath,  that  Tiies- 
ilay  the  Ijth  of  October,  1678,  being  the  Tues- 
day alh*r  that  sir  EdmuDdbary  (lodfn^  was 
missing,  ho  tliis  deponeut  was  a  hunting  with 


1395]  STATE  TRIALS,  34CI1AEI.E9  II.  i6M^'Drialt^TkompiommA«A 

A  True  ud  Perfect  Naeratite  «f  the 

and   bloody  Mcurdar   rf  fir  I 

Godfrey,  Sic.  (with  allowkitee 

by  N.  T.  1678. 

On  Friday  the  18tfa  of  this  insM 

|>er  the  conmer  of  Hiddhses   ilB| 

jury  U  Ibe  WHiite  House  to  enqnn 

occasion  of  the  ileath  of  the  tfii  d 

bury  :    wnl  two  surg«ou>  (hBvuif 

Enoni)  lemmad  tlie  bud^  in  Uie  ptt 

oimnpr  and  Jury,  nnd  lound  ibf  w 

it,  «blrh  one  ul'  ihc  sorgeon.'  wa 

liLfi  prube.  and  foitad  one  of  ibcm  oi 


kis  pack  of  -bounds,  at  the  very  place  where 
tbe  body  nf  sir  E.  Godfrey  vas  aAcmards 
fuuiid,  aud  b^  that  vexy  place  with  bii 
Jioutids  and  the  body  was  not  theo  there,  nor 
any  gto>^  nor  cauc  thereabout.  Tlie  asid 
deponent  further  aaitk,  That  the  same  day 
Mr.  H«nry  Harwond,  reqtiesled  hini  tliis  de- 
ponent thai  he  would  let  nim  hate  his  bounds 
the  nejR  day  after  bntig  Wednesdny,  and 
lie  would  and  (bat  hare  which  they  coiihl 
not  find  oil  Tuesiky,  or  Mords  to  that  pwrjiose- 
Aitd  thiR  deponent  further  tntith,  That  he  tbe 
laid  1]  arwooil,  halh  nevcrol  limes  since  sSirnu.'d. 
Thai  he  did  aceurdiiigly  hunt  iu  ihe  sauic 
ptaiN-  and  heal  (be  tame  ditch,  and  said  lli3t 
ibe  boily  was  not  there  thnt  Wedoesday  at 
noon,  which  suiJ  Uvnry  Harwood  m  uow 
Be»ly  dcnd. 

Julyl.tm^.  RuEEBT   FoMBT. 

Coram  me,  W.  0olg£n. 


Papi*l8,  it  may  be  Hi  log'iveHninencconnt  what 
tlioK  LiennnH  are,  who  haie  ao  SEealonnly  ap- 
prareil  in  this  mailer  ;  it  is  tu  be  mippased  foot 
without  some  ground)  thnt  Thompson  (notnitb- 
standiui;  his  iireteooe  that  he  was  di«wD  in) 
knew  tfinae  tilings  be  printed  in  tbe  letters  or 
se«eral  uf  them  to  be  falsitiBf,  for  Mr.  George 
Larkiu  do«a  m  ear  u  foUomi ; 

Th>i  Affi.Iavil  of  Cemgc  Larkii. 

Georg'e  Larkiti  of  London  printer,  maketli 
oatb,  that  batinv  heard  the  bndy  of  Sir  Kd- 
mundbury  Godfrey  was  found,  lliia  deponent 
OD  tbe  lath  of  October,  1678,  wtntto  see  the 
said  IkmJv  wliieh  then  lay  at  the  Wliitc-bousi' 
near  Primrose- bill,  and  there  met  wilb  Na- 
thaniel Thsmpson,  of  London,  also  printer,  who 
then  pro|>0!ied  to  this  deponent  the  writing'  of  a 
narrative  thereof  to  print,  wberan  be  desired 
thia  deponent's  n-tsistance,  and  therefore  wished 
tbisdeponcntto  take  gwxl  notice  of  the  body 
and  circumstances,  and  promiiied  to  do  the 
like  bifiiself,  and  this  deponent  staid  fliere  with 
tile  said  Thompson  till  the  coroner'i  jury  sale 
in  the  iajii  hody,  and  did  see  the  said  body 
And  this  deponent  haTinp  conterreil 
— =i   Thoinjison,  and  acreein^  with 

- ,.  ^>rcmnstani'(N ;  tbe  said  narrative, 

Uie  8a[ne<lay,  was  written  in  part  in  the  (aid 
Thompson's  bouse,  and  being  linish<?d,  was 
read  over  by  this  deponent  and  the  said  Thomp- 
»on,  n  ho  agreed  with  this  deponent  b  the  truth 


nib  the  ! 


^ 


cd'. 

March  a'l,  1681.  GeOuge  LlHKtN. 

Cocaui  me,  J.  Moobe,  Haj'.r. 

And  upon  ibi5  sight  ofthe  body,  and  cooipar- 

?Nar™"7^  L""''"'*^'  '  '^  ^^"6  and  Pertect 

*««*praylakeiV^^,,"*'"^^  ';"."''  '"  "'* 
r    J  *"«»  in  the  words  of  it. 


pap, 

wnsoi  Bireiinojio  , 
nry  pale,  someirhat  fnctleil,  ai 
circle  uho'it  his  nccfc,  as  if  he  bail  I 
lird,  bis  blood  being  setth^d  About  hi 
the  iipiioi'  purt  of  his  bfvan,  the  mi 
ing  refieHtdlbe  body,  deliref«d 
mcnti,  that  the  woiuub  tb^  found 
were  not  the  rauw  of  bis  ilcatb ;  I 
was EufTocAied  before  the  wounds' 
And  that  which  may  fill ly  persuade 
of  tbe  truth  bereuf  18,  that  there  i 
drop  of  blood  to  he  found  ia  the  pla 
lay,  nor  Ibe  least  appearance  of  anj 
tbou^  Ibe  ditch  wu  dry,  Uid  it  ' 
beeiieaoly  seen  if  there  hid  beM 
tlior  ihin^wsH,  that  tbe  very  hot 
BoU-s  of  his  shoes  were  at  clean  ai 
butjust  come  uut  of  bison-n  cban 
was  an  eTident  sign  that  he  was  car 
A  third  thing  very  remarkable  is, 
lliejury  affirmed  that  a  servant  of 
<who  is  owner  of  the  ground  whet 
lay)  with  a  butcher  and  two  bo>^  i 
strict  and  narrow  s(>arch  in  al!  p 
grotmd  for  a  calf  that  was  luissini; 
day  and  Tuesday  last,  and  nt  that  tir 
no  dead  body,  bell,  glares,  stick,  or 

And  notwithstaodiog  lie  )pves 
name  of  the  ■  Loysl  Protestant  □ 
is  not  the  flrst  time  be  halh  betn  cb 
printiii|r  popish,  books,  11  take  nill 
tcrs  and  libels  to  be  a  linih  of  poper 
uesdav  the  30th  of  October.  167iS,li 
mittcd  to  the  Gatcbonae  at  Westmin 
House  of  Lorda  for  that  very  m«ti 
Sir.  Farewell,  he  was  miKhlity  afhu 
betakralbrapapist,Mr.8erieant  Al 
ctared  he  thought  he  was  of  no  n 
if  he  be,  I  know  which  is  most  lik( 
such  practices.  Bnt  though  1  cann 
tiling  nfi  to  his  religion,  mi  I  bsvt 
think  the  papists  bad  a  great  kindot 
lor  (not  to  mention  other  tilings)  he 
for  Fenwick  the  Jesuit  that  veas 
and  tliatl  think  nill  appear  by  ifae 
Affidavit,  and  also  a.  kmd  uf  Will  d: 
Eiid  FcUH  ick. 

[       *Se«Tol.7,p.  311,  nf  this  Colli 


I]         STATE  TRIALS^  34  Charlbi  II.  l6S2^for  $everal  Idheh.         (159S 


||,    ThmABi^yn^d^  John  Richardson. 

Mb  BidisiteD  of  the  parish  of  St  Cle- 
■fi  Danes  in  tiw  oounty  of  Middlesex,  for 
rijv  elerk  to  Riehaid  Langhorn,  esq.  eze- 
M  {f^tdseymn  or  ther^ibouts)  deposeth 
k  in  or  aboal  die  year  1670,  Mr.  John 
rwell  laleljr  deputy  bailiff  of  Westminster, 
I  snployed  bj  Ihe  said  Mr.  LAD^om,  in 

fliose  Between  the  Jesuits,  Whitebread, 
■hen,  and  others,  and  one  Mr.  John  Savage 
.suitin  dniiGenr ;  oouceming  Newiogham 
pey  in  Bedfordshire.  And  tluit  in  the  year 
(8i  about  Michaelmas  day,  there  having 

tame  lime  before  been  another  suit  in 
MOT  depending  between  one  Mr.  Good- 
i  w  the  jeniils  executed  and  others,  all  the 
MS  hi  the  said  cause  being  remoTed  by  the 
rlfr.  Langfaom's  order,  (before  his  impri- 
WB^  out  of  his  chamber.  Mr.  Farwell 
i  Wi  dtofonent,  and  said  to  him,  whereare 
MMn  hi  the  cause  between  the  vMuits  and 
I.  Oaaiilad.  The  deponent  tdd  him  in  the 
■fie,  Mr.  Farwefl  said  he  must  have  them 
1^  to  him,  to  follow  the  suit  that  Mr. 
^om  had  begun,  so  the  deponent  carried 
n  to  him  the  next  day,  and  within  some 
tllBM  afterwards,  the  sud  cause  was  finally 
mL  as  UiadttBonent  hath  been  since  inform- 
ifr.  V^HweU  wa§  also  cODcemed  for  the 
lita,  at  a  troslee  for  500/.  of  Penwick's 
mry,  m  Beigunin  Hmton's  hands ;  found 
k  raiy  and  ffifen  asihe  deponent  is  informed 
Be  ibsii&  of  London,  notwithstanding 
•k  ha  being  sommoned  on  a  commission  ot 
rfry  to  GuudhaH,  about  May  last,  and  tiicre 
Msd  if  he  hadnerer  beena  tmstee  for  any 
haaiL  he  said  on  his  oath  no,  yet  after  bein^ 
ped  with  hie  being  profed  a  trustee  for  this 
r  (before  the  iury)  he  then  confessed  he 
iwgst  it :  and  owned  be  was  a  trustee  for 
1002.  before-mentioiied. 

IprsI  3, 1689.  John  Richardson. 

Coram  mey-Jomi  Moobs,  Mayor. 

wkk^MJesmt  that  was  executed,  his  Wifl. 

I  had  taken  from  me  when  I  was  appre- 
ied  aodkaiifffat  to  prison,  two  Goldsmiths 
a^ooe  of  40(M.  another  of  100/.  the  money 
I  Benjamin  Hinton's  hands  at  Birchin-lane 
i»  Lombard-street.  There  were  also  two 
la,eaeh  of  1S6/.  due  to  me  from  Mr.  Sa- 
dTyrnL  but  the  bonds  are  made  payable  to 
Jobl  Fanrcll  and  Mr.  Wilham  Brawa.-- 


There  was  also  a  bill  of  50/.  due  from  Mrs.  Olym  - 
pia  Wray. — Of  this  I  owe  to  Mr.  HanSerton  of 
Mark-road  100/.  which  I  had  received  firom 
him  with  order  to  pay  it  to  another  gentleman 
but  had  not  paid  it:  also 40/.  to  Mr.  Ed.  Stock- 
ton, which  I  received  for  him  and  had  not  paid 
it ;  also  10  or  15/.  (truly  I  rather  believe  15/.) 
which  I  received  for  Mr.  Tho.  Pordage,  (who 
lives  now  be^'ond  seas,  and  had  an  estate  in 
Kent  of  1,000/.  a  year  since  the  king's  restora- 
tion, and  is  now  reduced  to  that  poverty  that 
this  20/.  is  all  he  has  to  live  on)  from  Mr.  Tho. 
Lusbinffton  in  Kent,  by  five  or  ten  pound  at  a 
time,  it  bdng  in  part  of  an  annuity  of  SO/,  a 
year  to  be  paid  quarterly. — Also  15  or  20/.  to 
Alice  Kettlewell,  who  lived  with  the  lady  Petre, 
for  which  she  has  my  note. — ^There  are  also 
several  deeds  and  bonds  betwixt  the  late  brd 
Widdrington,  and  Qemrge  CoDingwoodof  Esh- 
ington  in  Northumberland,  esq.  which  the  said 
Georffe  ColUnffwood  ordered  me  to  deliver  to 
capt- Ralph  Widdiington,  upon  the  payment  of 
ICio/.  but  the  money  not  being  paid,  I  desire  the 
writings  may  be  restored  to  the  said  Mr.  Col- 
liujipvood  or  his  heirs. — ^These  several  sums 
bemg  paid,  the  rest  of  the  money  belongs  to  the 
.  house  of  St  Omers,  for  which  i  was  employed. 
—I  desire  what  money  is  paid  in  satisfaction  of 
the  sums  above-said,  may  be  paid  into  the  hands 
of  Mr.  John  Farwell,  attorney  at  law  of  Oovent- 
Garden,  who  will  take  care  to  pay  it  to  the 
persons  to  whom  it  belongs. — I  nope  care  will 
be  taken  to  pay  my  landlady  my  chamber-rent 
since  my  imprisonment,  also  naif  a  year  or 
three  quarters  of  a  year's  rent,  which  I  was 
owing  at  the  time  of  my  apprehennon,  since  all 
ui  tal^  fiiom  me  and  I  cannot  do  it  mysdf^  she 
willtdl  you  exactly  the  time,  for  I  cannot." 

As  fyr  Mr.  Psin,  I  shall  only  say  this,  that 
he  is  brother  to  NeviU  alias  P^,  a  man  fiimoua 
for  making  the  traitor  Coleman's  el^fy ,  and  for 
being  nn  agent  and  scriU^  for  IVIrs.  Collier 
and  Uie  Pt^ists,  yet  that  I  may  do  him  righl^  f 
must  tell  the  wond  since  the  prosecution  of  him 
for  this  matter,  he  hath  declared  himself  sorry 
for  what  he  hath  done,  and  not  carried  it  so  im- 
pddently  as  the  others.— Thus  1  hope  by  print- 
mg  these  affidavits,  tlie  murder  of  SBr  Eldmund. 
Godftey  by  the  papists  does  appear  so  clear  and 
unquestionable  tnat  no  persons  (for  the  future) 
can  assume  the  impudence  to  attempt  any  fur- 
ther shams  upon  it,  but  at  the  same  time 
must  proclaim  theurfolly  inso  tain  an  under- 
taking. 


END  OF  VOL.  TUI. 


Printed  by  T.  C.  HaoMrd,  Peteiburoagb-Court, 
Fleet-SHrert,  Loodoo. 


1«1