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From the Jarboe LUfrary 




'I 






t 



'l-^ 






■w 



I 



Lately published. 

The Twelfth Volume of 

THE PARLIAMENTARY HISTORY OP ENGLAND, 

From the Earliest Period down to the Year 1803. 

[VoL XIH. wiU be published in December.^ 

Aho, 
THE PARLIAMENTARY DEBATES, 

From the Year 1803 to the present Time. 

The Tw|£NT*-piiisT, TwENT^'SEcoND, ttiid TwENTY*TnmD VolumeB of 
Work, comprising the Debates in both Houeefi of Parliament during the Sesa 
1812, are ready for deUwry, 

%♦ Subscribers who may not hiTFe completed their Sets affe requested to m 
Immediate application for the Volumes wanted, as the Proprietors will not engagi 
supply aoy Odd Volumes ai^er the first of January 1813* 

[Complete Sets m&y atlU be had*] 



State Trials. 



VOL. XVI. 



NOTE TO THE READER 
FRAGILE 

THE PAPER IN THIS VOLUME IS BRITTI E 

PLEASE HANDLE WITH CARE 



COMPLETE ::GQfc LECTION 



... •o]^ • •:*• ..•; ;:•••• 



Stite Trials 

AKD 

PROCEEDINGS FOR HIGH TREASON AND OTHER 
CRIMES AND MISDEMEANORS 

nOM TOE 

EARLIEST PERIOD TO THE PRESENT TIME, 
WITH IfOTES AJ^D OTHER ILLUSTRATIOJfS 

COMPILED BY 

T. B. HOWELL. Esq. F.R.S. P.&A. 



VOL. XVI. 
A.D. 1722—1725. 



LONDON: 

PRINTED BY T. C HANSARD, PETERBOROUGH-COURT, FLEET-STREBTs 

ijDNOMAN, HURST, REES, ORME, it BROWN ; J. RICHARDSON ; BLACK, 
PARRY, & CO. ; J. HATCHARD ; £. LLOYD ; E. BUDD ; J. FAULDER; 
B. JEFFERY ; J. BOOKER ; CRADOCK Ik JOY ; R. H. SVANS ; J. BOOTHi 
KKD T. C. HANSARD. 

1813. 



1 tiH:\74 



TABLE OF CONTENTS 



TO 



VOLUME XVI. 



REIGN OP KING GEORGE THE FIRST. 

Page 
461. The Trial of HUGH REASON and RpBERT TRANTER, 
at the King's-Bench, for the Murder of Edward LuttereD, esq* 

▲.p. nas < -...M i 1 

4SS. The Trial of JOHN WOODBUENE and ARUNDEL COKE, esq. 
at Sufiblk ABsizes, for Felony, in wilfully ditting the Nose of 
EDWARD CRISPE, gent. a.d. 1722 54 

463. The Trial of CHRISTOPHER LAYER, esq. at the King*«.Bench, 

for High Treason, a. d. 1722 9$"^' 

464. Proceedings in Parliament agunst JOHN PLUNKETT, GEORGE 

KELLY, alias JOHNSON, and Dr. FRANCIS ATTERBURY, 
Bishop of Rochester, upon Bills of Pains and Penalties for a Trea- 
sonable Conspiracy, a.d. 1723 324 

465. The Trial of EDWARD ARNOLD, for Felony (in maliciously and 

wilfully shooting at, and wounding, the Right Hon. the Lord ' 

I Onslow )y at the Assizes held at Kingston upon Thames, in 
Surrey, March 20, a.d. 1724 693 

I The Trial of THOMAS Eari of MACCLESFIELD, Lord High 
Chancellor of Great Britain, befdlie the House of Lords, for High 
Crimes and Misdemeanors in the Execution of his Office, a. d. 
1786 76T 



ERRATA in this Volume. 

Pagee4i6f UlBnf Ndefjor, 'nz. to the maintenanoe of the Dogma, read, to th» 
iii^iitetiaiiGey for inBtance, of the Dogma. 

Page M9| L ^ofNote^Jbrf Pope's sneer, readf the sneer of Atterbury's friend Pope. 



A COMPLETE COLLECTION 

OF 

STATE TRIALS, 



461. The Trial of Hugh Reason and Robebt Trai^tek, at the 
KingVBench, for the Murder of Edw^ard Luttcrell, esq. HiL 
& Gkokge I. A. D. 1722* 



February^, 1732. 

kBoen Rci^. — DoMiNut Rex ver. Huoonem 
ReaBOM et ItoBERTUM I'eamter. 

. TV I odictineot win as follows : 

* T HE Jury present, that Huffh Reason and 
BoWrt Trmoter, not ha?iii^ the &ar of God be- 
fcvr tlicir eyes, but beio(r moired and seduced 
Ik the instigation of tb« devil, the 17tb day of 

' This Case is rejiorted in 1 iSirauge 499, as 
laws: 

DoMiKus Rex v. Reason and Tranter. 

*< The defendants bein^ indicted by the grand 
JHT ttiat attends the Court of B. R. tor the 
Mnler ot Mr. Luttereil, Mere brouj^ht up to 
tyt bar and arraigned, and pleade<I Not Guilty ; 
BB«i M\y*fk their request were remanded to New- 
fate, instead of being turned over to the inar- 
siial. 

" Upon the Trial (which was at bar) we who 
were counsel for the king offered to give in 
fvidence several declarations made by the de- 
emed on his dt-ath-bed, whereby he charged 
ike defendants with barbarously murdermg 
kn, aud without much hesitation the Court 
kl OS ixito thai evidence. Whereupon we call- 
id a clergyman who attended him, and he 
»are that l>eing desired by some friends of the 
l^odants to press Mr. Lutterell to declare 
*te provocation he had given the defendants 
to Me hint in that manner ; he declared upon 
Aanivation, that as he was a dying man he 
J^ them DO provocatilb, but they barbarously 
^ 'ercd him : that in the afternoon of the 
di^v, two justices of the peace being pre- 
M hmving given him bis oath, he made 
r aod more particular declaration to that 
•. wbich the witness at the desire of the 
-mIl down in writing, hut Mr. Luttcrell 
■■^ io write, it was not signed by 
"%« w« did not deliver it in. 



m 



Ootebcr last, about the boor of t«D of the clock 
in the forenoon of the said day, by force and 
arms, at the parish of St. Clement O^mea, in 
the county of Middlesex, in and ujaon one £d« 
ward )«ntterell, esq. in the peace or God and of 
our sovereign lord the king, then and there 
being, fek>nioos1y, Toluntarily, and of their 
malice aferetbougbt, did iqako an amalt ; and 
that the said Hugh Reason, with a nktol of tko 
▼ailue of 6i. then and tfaefO charged wfth gun- 

And the same witness proved, that upon hia 
administering the sacrament to him lie ex- 
horted him in (he most proper manner to deal 
ingenuously, and declare once more, whether 
there was no provocation given by him, and 
whether he would stand by the account be had 
before given ; upon which the deceased an- 
swered, that as he hoped to be judged at the 
last day, it was every syllable true, and soon 
afler expired. 

" When this gentleman had finished his evi- 
dence, the Court called upon ns to produce 
the paper that had beon written from the mouth 
of the deceased, saying that was better evi- 
dence than the memory of the witness ; where- 
upon we acquainted the Court, that we had not 
the original, it being in the custody of one of 
the justices, whom going to subpoena we found 
he was in Wales ; hut the clergyman said he 
had a copy of it, which he took for his own sa- 
tisfaction, before he delivered in the original to 
the coroner, and he offered to swear this to be 
a true copy. 

"Whereupon a debate arose, whether this 
copy was evidence or not : we who were for 
the king insisting, that the first paper being 
only the writing of the witness, not signed by 
the examinant, this which he now produced, 
was as much an original as that. But the 
Court refused to let it be read, unless we could 
shew the original was lost, whereas it appeared 
we might have had ii to produce, if we had 
sent after it io time. 

B 



8] 



8 GEORGE I. Trial of Hugh Reaton and Robert TratU&f [4 

there by the force of the laid powder, the laid 

' K>n the right part of 

Luttcrel I, under tb« 

igrht |Ki|> of tiie said Edward Liitterell, then 

tnd there feloniously, ?ohintarUy, and of his 



powder and leaden bullets ; which said pistol 
the said Hiigfh Reason in his rig^ht hand,. then 
and there had and held into and aflrainst the 
aforesaid Edward Liitterell, then and there felo- 
niously und of his malice aforethought did shoot 
oflT and discharge : And that the said Hu(;h 
Reason with leaden bullets aforesaid issuing 
and shot off out of the pistol aforesaid, then and 

** It was then objected by the chief jnstice, 
that since the written evidence was not pro- 
duced, the whole CTidence of the deceased's 
declarations ought to be rejected, for the first, 
second and third being all to the same effect, 
are but one fact of which the best evidence was 
not produced ; and therefore he was of opinion, 
that we could not be let in to give any account 
of the first and third conference. 

** But the other judges were of opinion we 
might, saying they were three distinct facts, 
and there was no reason to exclude the evi- . 
dence as to the first and third declaration, 
merely because we were disabled to give an 
account of the second. 

**ThereuiHm the witness was directed to 
repeat his evidence, laying the examination be- 
fore the justices out of the case, which he did 
accordingly. 

** And upon the whole evidence the fact 
(upon which the question of law arose) was 
this: 

*< The defendants were officers of the she- 
riff of Middlesex, and bad a warrant to arrest 
Mr. Lutterell lor 10/. thev arrested him com- 
ing out of his lodgings, whereupon be desired 
them to go back with him to his lodgings, and 
he would pay the money. They complied 
with this, and Reason went up with him into the 
dining-room, having sent Tranter to the attor- 
ney's for a bill of the charges. Whilst Reason 
and the deceased continued together, some 
words passed between them in rdution to civi- 
lity-money, which Mr. Lutterell refused to 
give, and thereupon went up another pair 
of stairs to order his lady to tell out the money, 
and then returned to ICeason with two pistols 
in his breast, which upon the importunity of 
the maid he laid down upon the table, and re- 
tired to the fire which was at the other end of 
the room, declaring he did not design to hurt 
the defendants, but he would not be ill used. 

*< By this time Tranter returned from the 
attorney's with the bill, and being let in bv the 
boy went directly up stairs to his partner, being 
followed by the boy, who swore, that as he was 
upon the stairs (Tranter being that minute p^ne 
into tlie dining-room) he heard a blow given, 
but oiiuld not tell by whom, and Ihereunon 
hastening into the room he found Tn^uter-nad 
run the deceased up against the ckset door, 
and Reason with his sword stQhbing him. Mr. 
Lutterell soon sunk down upon the ground, and 
begged for m^rcy ; but Reason standing over 
hiuj continued to stab him, till he had wounded 
him in nine places. 

'* By this time the maid camcfo, and seeing 
ker mantcr in that pof tart, she and the boy cuu 

8 



Edwartl Lutterell in and upon the right psrt of 
the body of the said Edward Li 
right 
and 

malice aforethought struck : and that the said 
Hugh Reason then and there feloniously, vo- 
luntarily, and of his malice aforesaid, gave to 

out for help, and immediately heard one of tb« 
pistols go off, and presently af\cr the second, 
which a woman looking out at uindow on the 
other side the way proved to be fired by Rea« 
sou ; and several people upon the alarm of the 
maid coming into the room found Mr. LuttercH 
upon the ground where the maid left him, 
without any sword or pistol near him. 

** Upon the defendants' evidence it appeared, 
that Mr. Lutterell had a walking-cane in his 
band, and that Tranter had a scratch in hit 
forehead, which might be probably a blow with 
the cane, and the blow heard by the boy upoe 
Tranter's first going into the room. And one 
of the surgeons deposed, that the deceased had 
made such declarations to the clergyman, but 
this witness aAerwards being alone with Mr. 
Lutterell pressed him verv earnestly to discover 
the truth, upon which Air. Lutterell did say, 
that he believetl he might strike one of them 
with his cane, before they run him through. 

** Upon this the question arose ; whether 
Mr. Luttcrell's striking one of the bailiflfs firS^ 
would reduce the subsequent killing to be man- 
slaughter only ? 

** For the king it was argued, that Dotwith- 
standing such stroke the defendants would be 
guilty of munler, that not being a sufficient 
provocation for giving the death's wound with 
the pistol : and for this Hollo way's case, Cro. 
Car. 139, and Kelying 127, were cited, where 
the woodward finding a boy in the park who 
came to steal wood, tied him to a horse's tail 
in order to correct him, the horse run away 
and the boy was killed : and this was aiyudged 
to be murder, because the tying him to the 
horse's tail, being an act of cruelty, for which 
no sufficient provocaiion had been given, he 
was answerable for all the consequences of it. 

*' The defendants insisted, that the bringing 
down the pistols was a sufficient alarm to them 
to be upon their guard ; and then when he 
struck one of them, it was reasonable for them 
to apprehend themselves to be in danger ; and 
in snch case a prudent man would not leave it 
any longer in the power of his adversary to do 
him any further mischief. 

" To this it was answered by the counsel for 
the king, that if Mr. Lutterell had continued to 
keep tlie pistols in his bosom, there might be 
some colour for an apprehension of danger ; 
but the contrary appearing, viz. that he was 
at a distance from the pistols, with the defen- 
dants between him and them ; they had do 
ground to fear any harm upon that account : 
and tlie death's wound was given afler Mr. 
Lutterell was felleo jdown with the woiiiida be 
had received with the sword, and was cntirelj 



' iXc Murder ofEiitvard Luttcrell, ttq> 



I JS^ih^td Latteretl, with the leaden lul- 
ii«l, «if«i of itt^ said pistul ttien nnil 
lijf t^ I iii fiowiltfr Hljot olf unit 

#«Mf|fri: t the n(;ht purl of the 

bif ■! tlic ».-L]fi t^Ow:i]d Liilterellf umler the 
^^ Mfi of tbe futtil EdMf art) Liitlf reJK one 
MHalwoiittii of *^ f ^irlil) of one inch, Qud 
irlM^ of OIL . of which ^itl mortal 

mmilkmmal !.....„; v. Luiterelf, Irotn the suit! 
MiMirsf IbcMtd 17ih<hi)' of Octoht^r, until 
^Offckocir Id tiii^ aftpijiooti of the f>aij if^y 
bb||Bid»ed« .. |*^hin^ livet), at which 

Mi Mr tl»e £. I 'Krd Lnltere!!, at the 

l^^ «farr»tii, of Uie %vouHtl aforesaid, died : 
hi dol lJi« said iioberl Tmnter at the time ^f 
iW Ukmy and m order aforesaid, by the satil 
fit^ RcmMi in makiiner and form :iforesaid, 
liMvity, foluiiCarily, and of bin iiiulicearore- 
«i CMmmlil^ and perpetmted, relotiiousTy, 
M<ag«nJ¥. ■ ' ' [ there 



^pr^n: lom- 

^anmtt tbe lelony aud mitrder in 

i^ptraAil fori. r], Aud the jury say, 

itttlKtaid Hii. II iind Robert Tranter 

Ib^ md Bdwa ^ d L^ > : i in matiner and form 
^ at Ibe parish and cotitity afor^oid, 
i»tj» iroliiutarily, and of tfieir malice 
, did kill and murder, against bis 
ft|nijf*f pea<^/' £cc. 

Ta ihsi Indictment tliey severally pleudr d, 
W 0iiilrtj, »nd on February 3| were brotij^ht 
• %r Rifi^'a- bench bar to receiTC their Tr in! , 

vM pfvccedrd in the following^ manner : 

Orrk fif tAe Crmvn. You the prisoners at 
iilv, tbear men which you ^hatl hear called 
mi ftotmtAiy apnea r, are to pa^s between 
m^ ■ riaii gg turn the kin^ and you upon 
As iral w ymir several h vis and deaths; if 
tai ■ill diml)efi.:e them or atiy ot ihfin, yon 
ftHt 4a k as they come to tbe book lo be 
99m% Mvre Ihey are sworn* 

Robert DemieSf esa. challenged » 

Fiaoiaa Li^e, eaq* chalten^. 

Ji«*« flaWy, esq. challen^eil, 

Bt te t Stitton, challenged, 

BcBJamin Drake* chtillen^ed. 

Eliaard OrtMne, cbaltenged. 

Uidkmtd ": hailenged. 

U Gtk mr. 



mf 



cf of tlie dcfesdanti : ao thnt what 

aUcnrards i*^» murder in them, 

H «xccfd«d tbe bounds of self-preser* 



** B^ltlDe Court in the direction of the jury 
iipmmhtlf declare, thntif they lietiered Mr. 
LMcrtD made the (U ' spon thebiiiHfts, 

ttabl&aff' with (he i he was down 

^aMbravCma r, und the jury njton 

flMt AradioQ fpi L^uilty of munslau^h- 

tV inl J, dMiqgb otrterw»5e they were di«[M>bed 
liWay»ped tbcm for the barbarity of the 

*«TW MkodmnlM prayad tbe benefit of the 
#oae. «a4 ircrv liitnil in tbt bind. 




9. William Pannell, jur 
John 1^1 ills, challenged, 

3. Thomas Bee liiu^^ton,jtir. 

4. Abraham Harrison, jur. 

5. Charles Maddockjur. 

6. Edward Bosrilef jur. 

7. John Parsons, jur. 

8. Thomas Cnihb«;rif jur* 

9. Thomas Chff,jur- 
10. Miles Harper, jur. 
IK ilober t Kent, j ur . And 
12, John Salt^jur. 

Clerk of the Croten. 
mation. 



Crj^er, make Prcwlt- 



Cryer, O Yes, ikc- If any one can inform 
our sovereign lord the king's justices^ the king*a 
Serjeants J or the king^s ailoruey, of the felony 
and murder whereof the priiioners stand in* 
dieted iHifoie this inquest be taken between our 
sovereign lord the kine^ and the prisoners at 
the bar, let them come forth and they shall be 
lieanl, for the prisoners now stand at the bar 
upon their deliverance. 

Cierk of the Croum. Hugh Reason, hold 
up y<mr hand ; Robert Tranter, hold up your 
hand. 

Gentlemen of the jury, look upon tbe pri- 
soners and hearken to their cause ; they stand 
indicted^ for that Ihcy not havinjj the fear uf 
God before their eyes, but being moved and 
seduced by the instigation of the devil, the 17tli 
day of October last, about the hour often (if the 
clock in t lie forenoon of the said day, by force 
and arms, at the parish of St. Clement Danes 
in the county of Middlesex, in and upon one 
Edward Lutleretl, e^. in the peace of Go<l and 
of our sovereign lord the king, then and there 
being felon iou^ly^ voluntarily, and of their ma- 
lice aforethought^ did make an a^^nlt ; and that 
tbe said Hugh Reason, with a pistol uf the raltie 
of 51. then and there cbarg^ed with gunpowder 
aod leaden bullets ; which said nis to! the said 
Hugh Reason in bis right hand tliea and there 
bad and held into and against the aforesaid 
Edward Lutterell, then and there feloniouslvt 
and of his malice aforethought, did shoot off" 
and discharge: And that the said Hutrh Rea- 
son with the leaden bnlkts aforesaid, issuing and 
shotoff outof the piiilol aforesaid, then ond there 
by the force of the said powder, the said l£dward 
Lutterell in and upon the right part of tlie body 
of tbe said Edward I^nttercll, under tbe right 
pap of the said Edward Lutter ell, then and thera 
feloniously J voluntarily, and of bis malice afor^ 
thought struck ; And that the said Hugh Rea* 
son then and there feloniously, vohmiarily, and 
of his malice aforesaid, gate to the said Ed- 
ward Lutterell, with the leailen bullets afore* 
said, out of tbe said pislul then and there by 
force of the said powder sliot off and discharged 
in and against the right part of the knly of the 
said Edward Lullerell, one murlal wound of 
tfie breadth of one inch, and the depth of nine 
inches, of which said mortal wound the said 
Edward Lutterell, from the said 10th hour of 
tbe said 17th da)r of Octoberi uQttl the lOlll 



4 



i 



I 



7J 



8 GEORGE I. Trial of Hugh Reason and Robert Tranter^ [8 



hour in the afternoon of the said day he lan- 
flfuished, and lanffuishinfi^ lived, at which said 
hour the said EdWard liUttercU, at the pa- 
rish aforesaid, of the wound aforesaid, died : 
Aud tlint the said Robert Tranter at the time 
of the felony and murder aforesaid, by the 
said Hu>rh lieason in manner and form afore- 
said, feloniously, voluntarily, and of his malice 
aforesaid, committed and perpetrated, feloni- 
ously, voluntarily, and of his malice aforesaid 
there was present, aiding, abetting^, assisting, 
comfortin(( and maintainingf the said Hugh 
Reason to commit the aforesaid felony and 
murder in manner and form aforesaid. And 
the jury say, that the said H ugh Reason and 
Robert Tranter the said Edward Lutterell in 
manner and form aforesaid, at the parish and 
count)^ aforesaid, feloniously, voluntarilv, and 
of their malice aforethought, did kill and mur- 
der against his maiesty's i>eace, &c. 

They likewise stand charged on the coroner's 
inquest for the said murder. 

Upon this indictment they have been ar- 
raigned, and thereto have pleaded Nut Guilty ; 
and for their trial have put themselves upon 
Goil and their country, which country you are: 
your chaise is to enquire whether they be 
Ifuilty of this felony antl murder in manner and 
form as they stanu indicted, or not guilty ; if 
you find them guilty, you shall inquire what 
goods or chattels, lands or tenements they had 
at the time of the said felony and munler com- 
mitted, or at any time since : if you find them 
not guilty, you bliall enquire whether they fled 
for it : if you find that they did fly for it, you 
shall enquire of their goods and chattels as if 
you found them guilty ; if you find them not 
guilty, aud that they did not fly for it, say so 
and no more, and hear your evidence. 

Air. Strange. May it please your lordship, 
and you gentlemen of the jury, I am counsel 
in this case for the king. This is an indict- 
ment against the defendants Hugh Reason and 
Robert Tranter for the murder of Mr. Lutterell. 
The indictment sets forth, that the defendants 
not liuvhig the fear of God hef«>re their eyes, 
but being moved anil seduced by the instigation 
of the devil, on the 17ih of October last at ten 
of the clock in the morning, in the parish of St. 
Clement Danes in the county of Middlesex, did 
make an assault on Edward Lutterell, esq. 
that the defendant Hugh Reason with a pistol 
charged with gunpowder and bullets, which 
he then and there held in his right hand, into 
anil against the said Edward Lutterell then and 
there feloniously, and of his malice afore- 
tlmught did sImk)'. o/T and discharge, and that 
the prisoner Hiigli Reason, with the leaden 
bullets aforesaid, issuing and shot off out of the 
pistid aforesaiil, then and there by the force of 
the saifl powder the said Edward Lutterell, in 
and up«m the right part of the body of the said 
Ed w aril Lutterell, under the right pap of the 
said Edward LuUerell, then and Uieie Mm. 
niouslv, voluntarily ami of.liia mfir* 

Aoi^Ltiiiriick, ^ lut dMna nmi 



then and there feloniously, wilfully, and of his 
malice aforethought did give to thesaid Edward 
Lutterell, with the leaden bullets aforesaid, out 
of the said pistol, then and thereby force of the 
powder shot off and discharged in and against 
the right part of the body of the said Edward 
Lutterell, under the right pap of the said Ed- 
ward Lutterell, one mortal wound of the breadtli 
of one inch, and the depth of nine inches, of 
which mortal wound the said Edward Lutterell, 
from the said 10th hour of the said 17th of 
October, to the 10th hour in the afternoon of the 
said day languished, and languishing lived, at 
which time the said Edward Lutterell at the 
parish aforesaid, of the wound aforesaid, died r 
and that the other defendant, Robert Trauter, 
was aiding and assisting the said Hugh Reaaon 
to commit the said felony and murder in man- 
ner and form aforesaid, and that they the said 
Hugh Reason and Robert Tranter, the said 
Edward Lutterell in manner and form aforesaid, 
at the parish and county aforesaid, felontoii8ly» 
wilfully and of their malice afore-thon^ht did 
kill and murder, which is laid to be aq^mstthe 
peace of his majesty, his crown and dignity, to 
which the defendants ^lave severally pleaded 
Not Guilty : they are likewise charged on the 
coroner's inquest for the said miirder. We 
sliall call our witnesses, an<f if we prove theui 
guilty you will find tli4ln so. 

Mr. Serj. Chtthire. May it please your lord- 
ship, and you gentlemen of the jury, 1 am 
counsel in this case for the king; the two pri« 
soners at the bar, Hugh Reason and Robert 
Tranter, sUnd indicted before you, and are 
charged before you on the coroner's inquest^ 
for the murder of Edward Lutterell, eso. and 
according to my instructions, which 1 will keep 
exactly to, he came by his death in this manner : 
on the 17th of Octolier last, this gentleman 
coming out of his lotlgings in Surry -street, 
going towards the water-side to take the water 
at the stairs there, the two prisoners came to 
him and did arrest him, and told him they ar- 
rested him at the suit of one Mr. Rous for 10/. 
He submitted to their arrest, desired them to 
return with them to his lodging and he woukt 
pay the money : they consented, and both re« 
turned to the door with him ; but Reason wu 
the only i^erson that went up with him : Tranter 
said, he would ffo and fetch the attorney oc 
solicitor's bill : the deceased went up one pair 
of stairs, Reason went with him, they were to* 
gether in the dining-room, words happened 
between them, as will come from the evidence; 
they calleil him rogue, rascal, and mintera 
charged him as a person that refused to pay 
honest debts, and shelteretl himself imder fb* 
puted places of security. He directed his tadfi 
who was then in her Md-chamher on the saffli ** 
floor up one pair of ttaira, to go and ftlch M 
money, by which It may bft umpdaed thai:* J 
waa in oiAm Itf CAt ll/dMili iMIttktt «fMll 



^/t*r the Murtkr of Eihuard Lutferglt, «^ 



A. D. vmt 



[1© 



I ihafc, 1 tEit>#l hikve tbree gtiincas fbr niy 
No« my « the deceased, youbavenot 
I ine •• as bi «leserT€ three tfuinwis or atj v 
I fbr civility, wiibout mtkio^ any de- 



Mr* WmtLf iTCttfiag' of Hvniicide in ad- 

fi«niirol or eiceciitmn of the low (PL Cr. cb. 

5,1^.) saT^ 1 • If the officer in execiUiDg^hif 

^kr, ext * !y, rti« law give** hi in 

Upvlvrt^ t-5«. Aod it bebovps 

Mttirfy the Hiii4«jter j of jti-^tice and other pub* 

iiiCeierv, but Itkmvise privnte persons en J t*a- 

HMfT ui arr^t or impri«on an the sefern^ 

(«» mrgmdy treated oi\ to bt^ very careRtI that 

4fy db not rDnbehave themseWes id the dis- 

liMr of ihetr duty ; for if ibey do ihey may 

iiKhl^tf »}t«cial prutectiori. And tberelbre 

Jfr, J«l»ce FoMef [see Crown Law, p. 29^ j] 

€iik» tfcmi Ih^ kttltii;^ of 1^1 r. Lutterdt in tbe 

i^Mr rep<JTted by Strange, would clearly 

kpt fc^eri murder m tbe ofBcera, wbo com- 

m^tA tiral fiit !/' TItrn, nt'ler meDtioniiig' (be 

%i|«faicli Afe^taiH lu 8ir«Tiafe'8 report, he 

fsaenA t ** Tl! is )*» reported to have been man« 

rfa^^%ler, by re^-on nf tbe first assault with 

tfcecMir; (>ti ^ jf tbe faclB^ tbe learn- 

f^jntfr^ fr rt^ Kit I he rerenge taken 

«1» t to the offence, and ii)- 

di^r Bat be recttfief{ the 

tlic aildiiion ol sereral material cir- 

rnentioneil iti ibe State Trials ; 1. 



L^ Iwfcd - ' ' V brs «ide, which after 

ttH^mlTray wn.'- nfn and broken ; 2. 

W}» • ' * ' (^11 the table, be de* 

ctlfTi Ntthemdovvn, liecduse 

br ii.*u, . .. '1 ,'v i-iv -i -JUt ofhis lodp^ioj** j 3, 

He thrriftlefi^d tbe officeri several liniea ; 4. 

Om tif th*' r^ffi. PIN wjin wounded in the band 

*'i m (»»•' it? pi*»tr>l^ bavin i^ been 

; . and also slighily rn 

wntlby notne ibar|i pointed weapon, and 

Ibr M^cf bad a diinifar wound in the band ; 5. 

Tb» eriiJctice wns only, that while on tbe 

gnijfjd L ftrftl on bi^ bnnds, as if begging for 

•ifTr- I ihn the chief jualic© directed 

Ibr , ii they b» litred that L. eodea- 

wmmttS h.i :\-hc\i'. ■ : ' which he seemed to 

teib, and rer ^ was l!ie case, it uotild 

be JBiitifi2.ble bonm uir in the officers. How* 

ff«r, as L. ^ve I lie ftrst blow accnrnpaDied 

«<b iiMQacet to tbe o(ficei«, and considering' 

te €lrcoinftsnc« of br« prodactnfi^ lolled pi«- 

Ati pe*'''T^^ ^H-'ir t^king^ him from hh lo<I«f- 

illlpt, 4ni i have been Ibeir duty to 

MftAine ^. It had not been paid or bail 

gi9W9^ hit <fedared it could be no more than 

' iigfiler/' See, also, chap. 5, sect. 91. 

V *ftfr wttin^ forth the chief j»«tice*« 
to tb« jnry^lhui concladea bii »€• 

••TKU - of the <!biefjnitice there* 

Mtler ha omitted ; and therefore I 

■an* ' \*« «tate the case more 

tmp I diould have done : 

IM k raoovx f?t:ip i^Jivin^, that the circttm- 
m lite* report are too matpr/at, 



maud you arrested me publicly (■ ti)e a tre ab 
My h^rd, according^ lu my insiruatioiu, ike di^ 
ceaseii went tip one paireC ataus and be re* 
turned down with a ca^e fif pistols ; the maid^ 

and enter ti>o far into the true loerita of iha 
case, to Lia?e been dropt by a f^tJemati ui ait 
Jobii Strangers abilities andl known eaikdovi, if 
he bad not been over- studio us oi' bretity* 

^' Imperfect reports of facta aad mrcoM* 
atan€«a» eKpeciaily in eases where ef ery cia* 
dMBSlance weighs something' in tbe seaie «i 
jctstke, are this bane of all science tlkaA d«» 
pendeUi upon the precedent?! and exanplea of 
tomier tiinea,'* 

See, also, Hawkins** ?1. of the Cr. book i, 
chap. 29, aectiona 9 and 16, and chap. 31, •. 
6K Aa to the kiHittg^ of an officer executing or 
altempiiD<^ to execute an illegal i^-arrant, aeft 
iti this CoriectioQ the Gate of dterensou, a. d. 
1759. 

in casea of Homicide caused by beat ef 

blood upon sudden provocation, the lawof iikot- 
land is less indulgent than that of England i in 
which and in some other particulars as to tb it 
tnaUer, their legists are not backward to coor 
trnst the respective doctrines «)f tbe two codes. 
I tniascribe tbe follt^wing paasagea from tbe 
t^o most eminent uvodern authors upon the 
C'rimiual Luw of Scotland, with whose wriiing;! 
1 nil) acquaiuijfd : 

*^ Though the distinction of murder aad b9* 
mk'ide on provocatioo hasbeeome a part of out 
taw as of that of Engloud ; it is not, buweTCV, 
to be imagined, that it is therefoi^ establisb^i 
in the precise same terms in both, or that oat 

f practice has adopted tbe opinions of tlie £Dgw 
ish lawyers, with respect to tbe kind or degree 
of provocation which will save from the ordi- 
nary pains. On the contrary, there ia in ihit 
article a great and ^uUtantial dilterrace h^ 
Iween our system aad theirs. Thus far ihe two 
coincide, that no provocation of ttords tbe moat 
Ibnl and abusive, nor of signs ami geslttres hoir 
contemptuous or derisife soever, is of sutficienl 
weight in tbe ticale, materialK lo atleviute the 
guilt ; Eo that if Julin, upnu words or aignt of 
repmach by James, shaightwny lake una kaife 
and stab him, or a heivy banuner and l^eat oiA 
his bnuns, be sbfill \)^ jndg«>d a murderer and 
die. In ihiA also I heir doftrwe Bgreea, iliat 
ihey make no accom.t of provocatttm by tres- 
pass on land^or giKwU, if n^t accompanieif with 
violence to the person ; w1>ereby, if Ji>hn lind 
Jutnes breaking down bi» fence^ or entering bia 
inclosurcs to search forgsine without bis leavr, 
or poinding John^s cattle v^ ben thiny are upon 
John's own property ; in pone «A these ca^es ia 
it any thing less than murder, if iltdm shall bn 
so far transported wiib rage ni this trivial and 
refianible omtnce, as to knock tbe tresp»s«)e 
Ihe head. In ihla all the Eivghsh autbo 
are agreed ; and certainly fi^r reasons !io ob 
ons and convinL-iug as admit of no r**ply, 

** But it is further the setitin^en* of s*xwal^ 
and among the abkst of iWvt ^uUi% w^Vkw^ 



I 



llj S GEORGE I. 

nei-ranl, Hiater Gerrard, seeing him with Ihasc 

pittolfl, said to hiRi, For Gotl'« sake what husi- 

riMCS have you with those piriots? Pn«y, Jsiy 

Libe pitttols ftway, mischief may happen : says 




' that any assault on tbti persoo of the killer suf- 
ficiently extenuates bie ^ullt, to lower the cuse 
to maniifaughter, though the injury he iiolbing 
more than a single blow with the band, or rwkt> 
ling the nose, or a lillup on the forebead, or 
^ jitstliog in the street, or whipping the pcisou's 

Doriiie out of the tract." — [This, I conjecture, 

alludes to Lanure's Case, l Hale^ cb. 37, p. 

456. As to which, Mr. East (PL Cr. s. 20,) 

lightly observes, *' I should presume that the 

ijkct wu done with violence, or great inso- 

I knee.'*] — ** Farther, it is the concurring doc- 

rtrioe of all their books, that where on n sudden 

L^uarrd, parties fight upon the spot with tnorlal 

[ii e;ipons, and on equal terms« (each giving the 

Ifither time to draw and be on bis guard) ; or 

l^en if in heat of blood they ti?tch their weapons, 

Dd go to the field and li|^hl^ there also the deed 

omes under the notion of manslaughter only ; 

nd this without any regard to the first provo- 

stion, whether it he verbal or real, or frotn 

vhich of the parties it comes. 
** Now, in all these articles, our practice is 

brnied upon quite another plan. To have a 
E^l^tl plea of extenuation, the pannel, at the 
time of killing, must have stood in the situation 
of an assaulted and injured person, one ivho 
was in a manner constrained to strike by the 
▼iolence w hicb be was suflTering from the de- 
ceased. If in any dej^ree the mortal strife was 
matter of conreution between I he parties, 
thon|L^h but tiicitly, and taken up at the rao- 
ment, it the mortal blow was not the impulse 
of iuHtant pain and agitation, but of a purpose 
to figbt as on a certain plan and set of princi- 
ples ; this, according to our notions, is murder 
in the survivor In which point of view, the 
circMmstance of waiting till the olher party 
draw atid l>t on his g«ard, that favourable cif- 
ciinistutjce which makes it manslaughter by 
the hw o\' Enghind, would not >%ith ns be of 
any advantage lo the pjnnel, as slievf io^ plain 
dcliheratjoii, presence of mind, and meiho<l in 
his revenge. This, our rule, is proveil by the 
i«Q cases formerly mfutiuned, of James Mur- 
ray [June 17, 1670.] and Janu»s Gray [June 
1 it 167B ] both of them cases of fair combat in 
heat ill hloiid, and on a recent quarrel, to which 
may bt* ad tied (though willi respect to the suf- 
ficiency of the evidence, the verdict has been 
thought qiie«itionable,) (he case of William 
Douglass [June 4, lt)67,] for the slaughter of 
Home of Ecclea, whicli was shortly thus ; 
That these persona along with others, had 
quarrelled when at dinner m a tavern, and hav- 
ing taken coach insiantly drf>ve to the adjacent 
fields, where they set to confusedly with 
•words two against two, and Home was kill^ 
as was alleged (and indeed. I think is proved) 
by Douglas. The same principle seems to 
have ruled in the case of Andrew Rulhedbrd, 
lodicleil for the Ktur^ar of fm^eM Dougtasi 



Trial of Hugh Benson and Hubert Tranter, £l 

be, I design to do Ihem no harm, they have 
used me ill, called me rogue, ravcal, and luinter, 
I do not design to hurt them, but will not be 
ill used by tliem. The maid pressed him, for 

[Not. 9 and 16, 1674,] this slauj^hter had taken 

tdace on a sudden quarrel, of which it could not 
\e said uu the proof who was the author, or whu 
had been the first to draw, only the parties 
were seen by jicr^ons at some distance to alight 
from their horses and thrust at each other, nei- 
ther of them, as tar as appeared, taking undue 
advantage, or giving back or declining the com- 
bat. The jury liiund the i^laughter proved, and 
the solf-detencc nol proved. And the Court, 
who, by their intKrlocntor hnd previously re- 
quired it of the panntl lo bring proof of self- 
defence, gave sentence of death, 

" With us too, though not always a deci- 
sive, it is generally an uufavourable circum- 
stance for the pajinel in this question, that he hai 
struck thi' first blow ; if John strike James a 
blow with the hand, and James return it with 
severe blows of a staf}\ on which John being 
hurt and irritated, drawls, hat gives James time 
to do the like, and thus they fight and James is 
killed, this is murder by the Scotiisli practice, 
however such a case might he resolved in the 
courts of England, We cannot make the same 
allowance for his being provoked, who is only 
in a situation to be so by bis own intemperate 
and unlawful act, and has shewn an absolute 
ditiregard of those very emotions in his neigh- 
bour, which he woulcf have excused in his own 
case* His assault of his neighbour's person 
justified the return of blows, and though there 
be excess, he cannot therefc»re be Either justifi- 
able or excusable to resent these {whil« ihey 
do not put his life in danger) unto the death of 
his neighbour. Thia rule is pointedly an- 
nounced in the interlocutor, in the case of ea- 
sign Hardie, where it is sustained to restrict the 
libel to an arbitrary pain, that the deceased was 
the first aggressor and had laid hold of lire 
hiirsc's bridle, and struck Hardie on the facs 
V ith a rung or tree ; hut this passage imme- 
diately follows, ^ But find the reply made by 

* the pursuer, that the paunel beat the defunct 
' on the face with a thrawn rod, before he struck 

* the pannel with the rung or tree, relevant to 
^ elide the foresaid defence simfdicitcr.- The 
difference is still more remarkable with regard 
tu the degree of injury and provocation which 
will he received in our courts to extenuate the 
guilt. That any, even gross indignity is suffi- 
cient, or any assault on the person of so slight 
a nature as those which are mentioned tn the 
English books of law, this it would be contrary 
to the whole tenor of our records to believe. 
Suffice it to mention upon this head, (since the 
invariahle course of judgment makes it needless 
to accumulate authorities) the case of William 
Aird [Sept. 8 and 9, 1693,] lor the murder of 
Agnes Bay ne, hy throwing her back wards do wa 
stairs ; the allegation was heje repelled, of her 
having provoked him by tossing the contents of 
a chamuer put in his laoe^ lo tbort it ti to b% 




w the Mwjgr of Edward LuttereH, esq. 



l-TK. 



[I* 



U «i^ Uy iHe'fi tlnwii, ^oiir lady tfill be | the door, and llie boy.Thomai* Hftrg:paTP,went 
%jhieil \^ tr, ihc tar end of tne room, j to let in the person ilint knocked, aofl it proved 

)tdh*' and rttreiited to the fire- j the dercndantTranler: Tranter ran boiiil^ oji 

pn. bv va\9 iitite there was a knocking at ttairs, and the Iraj traa folloiring hxm^ and 



kg 



* •• * f*5 not come up to the due 
occ by our law, that the | 
' *^^' fi}' bloody though ow- , 
l(nn which t!ie de- t 
W t . person. This pna- 

St tH^ some nderpiate and , 

dtiv <• and ci*ntinucd as- 

lach »% cairiic* ayhution and alarm with 
l*4n:a»or farther harm and injury, aa well , 
mf^oA amarl ao<) pain of body ; whereby I 
4»rf .i['i r-i eitcwaahle in the losa of his pre- i 
fmm »r i ji| of the just measure of reta- ' 

tee . ig the pecuhar ca<:e of slaii^h- 

lj«Boi-tirti uu the adulterer disco vered in 
it licit t am ac«iuujriled with do case of cul* 
fii^Viaiici '"^ - '■ ' * -^-ords, which is not 
mnm trk* |iion ; not u case of 

fmmm ae.! y .. u excited by Inxtily 

•Atrai^. ;i; il with terror, and wit!i 

■ m iikfet^ , i. And truly it tnay be 

i^kt i in this our rule is net wiser 

V. \d leant more suitable to the 
:sh people, than that 
X^m^ which excuses 
i4:¥wfiL;^ t^f s»^t^h inconaicJerahle 
Trt CTirb anil repress an over- jealous, 
'Tte Humouri as far as can 
; ice i n the particular case, 
;» the course of 
f'f law in this 
. ^. ;jgainst the per- 
ML .iiiU 1 3 to l^ duty kept in 

f«9 Ml Mtu ,1. ^^^'^ ^ , .^ x-a it has eon SI deration 
ilbi&sii liiiitTDit)^ in those difficult and agi- 
Hiiif «i^iik[rin4 oilv, which require a more 
%t^ ' - il of mind, and commaml 

Wir^. ^ I uid Ihem ; not in those 

r liic pndc more llian the body of the maD 
» kew* Hfenrf eiV 

^\\ I which it wotdd 

t W 1 country to ex- 

■i iLiuii^w-h Lt< vviih coaliJi-'iice^ clear it is, 
K tocb is iKtr fined and certain rule. 




^kUh< 


''":'. ■ ' ';^erve 


B**<" 


.■d,- 


ImC^ 


; ui r"i u 1 ^; iirjtfilin,) 


Ki.. 


and is npiirJed by 


|K<W 


f ' "inch and warm 




» bally. A full 


^to-4 L.t ' 


r] : .'irid it Was 


^t 


1 Ill's 


^b> 


Dr. 


^k. ««- 


Krrjfpeciing^il, 


^k-f '' 


. *>ur to the He- 


K^ 


,1 ciise of difficulty, 


^fe. 


delibcrati^ attention 


Hh|^ 


f»d|^cd in strict 


^^^B 


of precedents, 


^^^^ 


1 iixjdrrn date, that 


K 


ird» Oil ibr whole 


^^^^i«*4l 


«^ ^i *.:. „..ation, even tlio^c of" 


^■fVi 


who wtre most tarounbk to the 



punnelf and along* with them the jury, had been 
of opinion, that the injury to bis person was not 
of that detjree, nor had iJecn pro^ecnted to that 
letigfth, which could excuse his passion or ex- 
tenuate the guilt, so that the deed was rather to 
be held a wilful and resentful deed, the fruit of 
the habit of mind, the nroud and jealous temper 
of the man, who acted deliberately on the oc* 
casion, than of excusable perturbation and 
terror, or immediate distress of body. If, in 
prosecution of his unlawful purpose, loni E^- 
Union had advanced on Campbell and bad laid 
hold of tlie piece, and thus a personal striigf^le 
had ensued, in which Campbell defending his 
property (and certainly be was not obliged to 
^uit it) had been beaten and overpowered, or in- 
jured in bis body before discharging his piece, 
this would hare been a far mure favourable 
case, and indeed, in my mind, hardly distin- 
guishable from that already mentioned of 31 ac- 
leau in 1710, where an assault on a person to 
take bis carabine from himi was found relevant 
to restrict the libel loan arbitrary pain. For 
this wouTd not have been a situation of simple 
trespass on goods, but of trespass necessarily 
coupleiJ to assault of the person. Hut taking 
all the particulars of this unfortunate story, it 
could scarcely be said that Campbell had been 
at all assaulted, or had ^ny reasonable or well 
grounded apprehension of future harm to his 
person. Certainly, at the time of dischai'^jiug 
bis piece, any provocation he had yet received 
was not higher than if he had been just led in 
passing, or pulled by the nose, or kicked on the 
breech f no one of which indignities according 
to any authority or precedent that can be pro* 
duced in the law of Scotland, would have beeji 
sufficient to excuse him. Jn tine, he bad 
shewn nothing of that forbearance, that phlegm 
and tanliness of blood, which according to Uie 
course of our practice, is a necessary accoin* 
panimeni of this plea, but rather a choleric and 
jealous disposition, hastily to lay hold of the 
tirst opportunity of offence, for the purpose of 
revenge. 

** In the close of all I shall venture to ob- 
serve, that as with regard to the degree of pro- 
vocation which makes a ca«f> of culpable femi- 
cide, fi!0 also with regard to the judgmrut which 
luay competently pass on the <»tTender,*it muy 
deserve to be considered, whether our law is not 
upon as salutary a footing as that of England ; 
for our judges have a discretion in this matter, 
to condemn the man -slayer to such a punish'* 
mcnl, according to the measure of bis fault, 
which shall truly serve as a correction to him, 
and a warning to others i whereas, in England, 
Ibe judgment is one invariable thing, the for- 
feiture of moveables, and burning in the band, 
wbicti i« very iine<|iial in iti application to the 
different conditions in hff , and if carried into 
etiect, may bt cilh«r too 9»fvr% or too Utv\«u\« 



15] 



8 GEOjUlE 

heariogf a noise in the dining^ room, as my in- 
itracUons are, he hastened the earlier to see 
ivhat the matter ivek ; as soon as he came into 
the diiiinff room, the first thing he saw was, 
Tranter hoUiinijf the diHscased's arm in his, ami 
the other deteiidaot Reason slabbing him, and 
he saw the stab : lie was woing to g\^e the 
neond stab, but the boy took noid of' the sword- 
arm ; Reusun takes the sword with his other 
band, and says to the boy. Damn yon, ifyoii 
d'not get out of the roum you shall die before 
your master : upon this he saw a second pass 
at tlie fipentleman, and he cried Murder; upon 
his crying murder, the nuiid servant Sarah 
came, and she says she saw her master upon 
his back on the fl'ior with his hands up bepriog 
for mercy, and saw the men stab him several 
times : she likewise cries out Murder, aud as 
alie went down stairs, and not till then, she 
beard a pistol go off, which must be atWr the 
poor, wounded, mangled man lay upon the 
Qoor. Some time after, not two minutes, she 
beard another pistol go off, by this time the 
noise was so great that the neighbourhood came 
in, particularly one Waters a waterman ; Waters 
runs up stairs, and he finds the deceased at the 
further end of the room, lying there in a strange 
mangled condition ; one of the prisoners en- 
deavoured to make his escape, but be was 
•tizetl, and so was the other. 

It was thought proper in this dying con- 
dition, as it was apprehended the poor gentle- 
Dian was in, that they should send for the cu- 

m I I I I ■ . ■ ■ ■ m ■■ ,1 » 

course, but as sometimes managed, by gitl of 
the forfeiture to the offender himseU'jhecomes 
DO punishment at all." — Hume's Comuienta- 
hes (Description an<l Punishment of Crimes,) 
chap, a, vol. 1, pp. 37a, 380. 

So, too, Mr. Burnett, (Treatise on Several 
Parts of the Criminal Law of tkotland, chap. 1, 
p. 17.): 

*< While the law as to homiciflo on provoca- 
tion, has in latter years been greatly mitigated, 
it by no means goes the length of tluit indul- 
gence which seems to be allowed by the law of 
our neighbouring country, to resentment on 
slighter injuries, where danger U) the person 
and alarm for one's safety cannot be inferred, 
that it will punish viith only tine and imprison- 
ment him, who, without any adequate or just 
cauie, but from a punctilious sense of honour, 
arising from a sl^gntor implied injnry, wilfully 
bereaves a fellow-creature of his life ; an in- 
dulgence which is directly adverse to every 
rule and precedent in the law of Scotland. 

** Nor, while it makes allowance for anger 
excited by a just cause, and which impels to 
immediate resiuance, will it C4Nintenance any 
tiling like deliberate cruelty, or the taking 
amends fur injuries, even of the highest kmd, 
alWr an interval of time. It is the frailty of re- 
■entment in heat of blood, notof rereoge, after 
•passion iiaa had time to subside, that tbe law 
nakM any aUowance fiir. Btooe all acta of 
raiiaralad aod cxeaM?* ▼) 



I. Trial of llvg\ Reason anff Robert Tranter, [ 16 

rate of the parish, Mr. Peters ; Mr. Peters did 
come, and according lo my instructions, as 
they appnhended him to lie dying, says a 
friend of the defendants, Pray enquire of the 
gentleman how this accident happened? 11^ 
did so, and he will give you an account of what 
passed between him and the deceased before 
the justice of the peace came. Kut Mr. Ver- 
non and Mr. Haynes, the two justices of the 
peace, sotm afVer'came in, and at iheir request, 
they having no clerk with them, Mr. Peters 
was |)leased to sit down and take the examina- 
tion m writing ; having given, him his oath, 
Mr. Peters was pleased to set it down ; the 
substance of what he did say was this, ^* The 
bailiffs took the pistols from my table and 
shot me twice, the fat man run me through, 
and then dretv my sword, which I broke my- 
self in his hand, and begged for my hfe : T 
never fired a pistol, nor mode one push ; they 
both run me through, I offered to pay them the 
money." The condition the gentleman u as in 
at that time was such, as it was not thought 
reasonable that he should sign it, but they will 
give you an account that he was perfectly sen- 
sible. My lord, iu the afternooo someboilj 
sent for ftlr. Peters the ckrgyman again, and 
it was with an intent that the deceased might 
receive the holy sacrament; and Mr. Peters, 
like a prudent man, says, ** According to tbe 
account you have given yon have been hardly 
used : however it becomes me to hope and de- 
sire, and you to express, Uiat you are in cha- 



are committed in a cruel and unusual manner, 
though on slroiif and immediate provocation, 
will be held to indicate that malice which is the 
characteristic of murder ; in the same way that 
acts of lesser violence, but which end in deuth, «k 
if done ex inter vallOf under pretence of prior ^ 
provocation, will be held to mdicate the ' 



temper, and to foifeit every indulgence of the 
law. 

" The same principle holds in the case of 
immeiliate resistance on provocation, if it shall 
appear that the party acted not from the im- 
pulse of thai provocation, but from a fonner 
grudge ; or if, to satiate his resentment for ptil 
injuries, he purposely courts a quarrel, and in- 
duces provocation, as a colour to his malice. 
In such cases, the extenuation of passion caa 
have no place. The real impulse, tiien, is ma- 
lice and revenge, that deliberate and reflecting 
passion, for wuich the law makes no allow- 
ance." 



^ 
^') 
*i 
'^ 
I, 

■\ 

It is, perhaps, too minute to be wortb omb- l 
tion, that as to convictions for mansUugbteri ^ 
Mr. Hume appears not to have been aware, y^ 
that the forfeiture of (movables) goods UM «f 
chattab is in practice never exacted ; tbal Ihtt^^ 
burning in the hand may in tbe discrelioa «i£ 
the Court be changed to a moderate fine % > 
that moreorer the Court may edjiidgie tlvi 
ftDdertobejaipriMiiM^ «, «» ^-Si p 





Jbr tie Murder of Edward Ltdterell, aq. A. D. 1722, 



[18 






■«i» 



\ 1 admlBtAer tlie lioty -sacrament" 
J * A« 1 %hM. apiirmr befoi^ ihe ^rtnX 
Ifiil vf bMfVdi, fvl»«i I told yoti is true, I waji 
teiMlr nauiTtl*»r*il ? lii>wm>(FT I aiii ill fier- 
ttharit^ -ive tliem^ and 1 

' : ; ibem their ia- 

iVi V i^xikt be did contiaue lur somt' 
»• Isn^it^tiin;; waVf thuu^fh all care vvaa 
itftA Ua cxnminnUan after 

a sad circum!)ta£ioe in the 
mic: if mud no If^ss than] ten wouridtj 
my of iLem mart a) ; he did coii- 
llli* ~ *! ' 10 nt ni^ht and then 

il a caw; of^rcat cno- 

uKi ^i'* «Mi njtf une baud the de* 
F iifficer« ttfid rnin litters of justice^ 
1^ prelected in h^trwu^ of their pro- 
I a* wwg oa ttiey do their duty must 
immA \ %in u h* ti (KHjjde Rubutilto ihcir 
f, IImtv ''>e protected, and the 

ftp, Ibal m|ijn [le to submit, requires 

i» ^km f» f»rol«ci and preser? e their lives, 
ail It wmf omocr riveif luireaflooable correc* 
'. tii^y male no re^i^itance in cases of 
imlj, where hjirdships and difficultiis 
«»flat wpon tlfetD, to afl to shorteit- their hves. 
I«toii It to my lord's direcUon, whether they 
fl» MA ffB^y <«f t^V^e murder? To eliew how 
^ rf i i l iDt* Uw II or tlie lile of man, my lord 
fdhi* **]^*f U^^oy °t%i> ^Ito t* in custoily of a 
^iW WM, ibe cornuer^s inquest mue^t ait 
^1 y«i ; and it U for this reason, that the 
^^mmj be appriseed thit the Kuhject h,id no 
feii^T, biitcftmeto a natural death; this po- 
hf «r Bw M a guild QXitt, Tbef^e, |^<?nilenieH, 
■P^baumli Mrbieb will betaken imocon> 
tt(telM», and when we haf e caHed our wit- 
,la BtttiA b« lfe;ft to ttiy lord*)) direction and 
atioD, whether the defetidaat^' 
) to lie justified, or whether or no 
Art w§i vm d uKif e the puDiahmenl due to 



^^Ki«ri 



Mr. JU€9€* 1 am counsel likewise in this 
mm fer Use king : The facts haTe been fully 
1 m every |Hirticular circum^ttance, »nd 1 
1 1« not a matter proper for ua to 
> wiSli ila naual attgravation | for consi- 
^gtm^n^vA i*r*' nt»t nlltiwed counsel ^ 
tmAf BO fairly before the 

i<»ii I •MOQtomatteriiof 

r lh« dcfnidanta are oifieerv of josttce* 
I fta are entitled to the protectiou of 
ibtei*. ^mHf u% the taw authorines them in 
wm . Inii in case they exceed that 

«^ iiae tiarbarity to their prisoners, 

«^ff^*r>rTv r» tio oocasion tor it, ihev eKceeil 
tel»«iids Ml tMr authority y and what hap- 
■Ki aftarwvnds by n - -r^?*r s qimrTcl, thtiy 
■isntlri^afv Ihe f ; and if a per* 

!• bJIrd, I aabib-. ., u ^^ai lordship if they 
r spi fuill^ of *xmw4m^ 
^ II y hord, if rcsitlance is made by 

^^1^ and it ta necessary for the 



mooer, or for the life of' 



e |M*iso 

Hfe is attempted by the pri* 



1011.59,91. 



preservation of the \ 
the officer^ if bits Hf^ 

soner, and in doing^ what i^ necesiutry for 
their defence^ and for the keepinjf of their pri- 
soner, there happens a quurrel commencetl 
by the niult of the prisoner, we agree the of- 
ticers are n«t to be blamed : Hut if a quarrel if 
commenced by the offif^rs against a priboner 
subniittiji)^ to the law, luid to their authority, 
aud wilhn^ to do that which the law requires, 
uamely, to pay the debt, then only lor cirility 
money they use durance, and they used him 
ii), and they begin the quarrel and ft|»^ht with 
the man on that account, we must submit it» 
whether it is not murder. We must agree in 
our evideoce* that there was not any person 
present at the time of the beginning of the quar- 
rel, nor who continued there duriujj the quar- 
rel : But from the circumstanceSt ami the evi* 
dence we have to lay before the jury, it will 
amount to a proof, that this quarrel was b^ 
guu by the officer* It is true, ihei^ were 
piflloU fetched by the deceasei), hut these pis- 
tols, if we shew they were not designed t^ he 
made use of to injure ihe bailiffs, but were onlv 
for his own preservation ^ if he should he ill 
used by them ; if aHer he had taken these pis- 
toU he dismissed himself from the custody of 
these pistols, as we apprehend will appear I'uia 
the evKJeoce, and they take up these pt$kds» 
and with one of these pistols shoot their pri- 
Moner, we apprehend that nill take off the cir^ 
cuinstaiices, that would sceia in favour of tbem« 
My lord, v»e will call our witnesses, yiid prove 
all our facts, and then we must submit it to 
your lordships* direction tothejurj% whether 
on those fsctii it doth not appear tliat the of* 
fence commtted is murder* 

X, C, J. (Sir John Pratt.) Call your mU 
nessea. 

Tkoma$ Htir^ra-ot sworn . 

Mr. HungerJhriL My lord, Thomas Har- 
gr^ve. was the de€eaj4ed*s servant, aud he nnw 
more than any body ; he will give your lord* 
ship an account of the matter* 

Sgtj, Cheshire. Thomas Hargrave, do yoit 
tell ray lord and the jury, what vou know iit 
relatitm to your late master, Mr. Lutterell, 
what past between him and the defendants, and 
either of them, tell from the beginning, and hi* 
sare you tell the truth. 

[At the prisoners* desire the witoesset were 
ordered out of Court,] 

Har grave. The first beginnitig, my lord^ 
was, my master sent me out of the hiu»e to 
call a pair of oars to go up to Westminster oti 
Tuesday between nine uud ten oVlock* 

X. C. J. What day of tlie month ? 

a a f grave ^ 1 do not know ; with that I went 
and (NiltfMl a pair of o»rS| and came tiack and 
told him I had c«IM them ; says he, ThomaSi 
get your hat, and go along with mc ; when be 
bad got two or thret* doors from our lodging, m 
tittle man, wbost? natue is Tranter, clapt hitn 
on Ihe shoulder, and pteseutly aiWr ctt»e aa<> 

C 



I 



: 



19] 



8 GEORGE I. Trial of Hugh Reason and RoieH Trataer^ [20 



other man, Reason, and said they arrested him ; 
with that my master says, ** Gentlemen, it' 
you will go with me, you shall have your 
money, my wife is with child, and 1 am 
afraid she will be frightened." " No, damn 
you, we will go with no such Minter;*' 
with that with gjeat persuasion, my master 
got them to go to his lodging: my master 
said, ** fetch the attorney and I will pay 
tbe money :'* Reason sent Tranter for the at- 
torney, and Reason went up with my master, 
who said to my mistress, " My dear, don't be 
frightened, here are two rascals who hate 
abused me in the street;" and mv mistress 
said to me, " Go to my nephew :" 1 went, but 
he did not immediately come ; when 1 returned 
I went into the room, and there was no hai^m 
then, my master was walking about the room, 
and Reason stood with his iMick to the ceiling 
with his face to the pistols. My master said, 
'f Let me see your warrant:" Keason shewed 
it him, and he said, *' Wipe your arse with it," 
and tliroweil it down upon tho ground. Reason 
asked for civility money; my master said, 
*' No ; he would gire him none, for he had not 
used him well." At last Tranter came ; I 
opened the door to him, be run up stairs, I staid 
to shut the door, and 1 heard a rustling or 
noise ; upon which I ran up stairs atW Tranter, 
and I saw Tranter close with my master and 
throw him against the closet door, and Reason 
took his sword and ran my master through ; 
I took Reason hold of the sword arm, and he 
said, '< Damn me, if you don't go out of the 
room you shall die before your master ;" 1 
heard*iio pistol all that time. 

Serj. Chethire. Did you go in afler the pistol 
was shot off to see your master ? 

Margrave. No, I did not see him till after he 
vtM carried into the other room. 

Serj. Cheshire. Do you know of any di- 
rection given by your master about fetching the 
money P 

Hargrove Yes, I heard my master say to 
my mistress, ** Fetch the money, and 1 will 
pay these rascals." 

Mr. Rrtve- 1 think yon say upon hearing 
of a scuffle yon ran up* stairs, and you saw 
Tranter run your master against the doaet door. 

HargraiK. Yes, Sir. 

Mr. Heeve. Had your master any weapon ? 

Hargrove, No. 

Mr. Reeve. Where were the pistols? 

Hargravc. Que was on the table, and the 
other in the window. 

Mr. Hungerford. How far were the pistols 
from your master, were they within his reach ? 

Hargrove. No, Sir. 

Mr. Hetve. You say you saw him stab your 



master. 
Hargrove, 
Mr. Rtcve. 

another stab ? 
Hargrove, 



Yes. 

Was there any attempt to give 



Yes, he went to give another 
atah, I lotrk him by the swoni arm, and he said, 
** Damn you, you shall die before your nuMtar." 
upou that 1 went and onail out mnlar. 



X. C. J. YoQ say that before that he de* 
manded civility money ? — Hargrove. Yes. 

X. C. J. What said your master P 

Hargrove. He, said, ** 1 will give no rascalf 
as you are civility money, for you have shewed 
me no civility." 

X. C. J. Then you went down by your mis- 
tress's direction to call her nephew ; when you 
returned, before you came up, what did yoa 
hear P Did you near any noise, or buttle, or 
blowP — Hargrove, No. 

L.C.J. None at all P 

Hargrove. No; it was a(\er Tranter came 
that I went ui» stairs again. 

X. C. J. When Tranter came, yoa opened 
the dour to him and followed him up stairs P 

Hargrove. Yes. 

X. C. J. Did you hear before Tranter entered 
the room any noise or stroke P 

Hargrove. Only two or three words. 

X. C. J. What were those words P 

Hargrove. I don't know, 

Mr. H'lngerford. What said Reason, when 
your moater told him he did not use him well t 

Hargrove. Then he was mad, he swore sad 
called him a great many names, called him a 
Minter, and 1 don't know what. 

Reaton. Did not your master request us la 
go to the Tiltryard coffee house? 

Hargrove. No; he said, " If yoa willpi 
with me I will pay the money ;'' you said, 
*' I will eo with no such Minter." 

X. C. J. Did your master desire them to go 
to any particular place ? 

Hargravc. He said, " If they wouM go witk 
him to Westminster, he would pay them Iha 
money ;" but they revised and said, " they 
would go with no such Minter." 

X. C. J. Did yonr master propose to go to 
his own lodgings P 

Hargrove, Yes, when they would not M 
him go there. 

X. C. J. Why would he bad them have gone 
to Westminster P 

Hargrove. Because for fear of frigfatenin|p 
his wife, she was great with child ; with greae 
persuasion he got them to go to his lodging*. 

Reaton. Dvd he not ask us to go to bio 
lodffing? 

Hargrove. I don't knew, I did not hear him. 

X. C. J. You said just now with much ado 
yonr noaster persuaded them to go to hjs lodg^- 
mg, now you say you did not hear him sdc 
them to go ; I only admonish you not so bo 
too hasty in your answers, but to consider. 
Who proposed goingtn your master's lodging f 

Hargrove. Why my master, when they 
would not go there. 

Reaton. Did not I ask him to go to tfao 
Cn)wii-tavern P 

Hargrove. Not that I beard; I 



R(«8on bid Tranter go for the attomey. 

itararisllr.] 
terell to go to t 



X. C. J. Did 



id you be 
tbeCron 



learTkaatararisJ 



Hmrgrmve* No, I 
ZWMlar. M «^ 

r 



HQ Jor fh$ Murder of Edward LuiiereU^ esq. 

♦er said, ** fetch 



A.D* 1722. 



TrwmJtgr, bid not i ik-is,u e tj^our iiiti^ltfr to 
aarf jnm, ami bi* tatii), Damn jou, vou »lsuli 
^i0r''Jimrgmv€, No, I heiird do such thing, 

Ht*ter Gtrrurdswairn. 

^ey Ckokirt^ Do jou tetl my ton] and tlie 
jin MMi you knoir tvheinhc^ r!'^ -tints, or 
«Mraf Kli«m Mrere fti Sir. Lun ^riit^s^ 

alvlai fmsHied lU«?re? fiegia «: u.^ L.^muiug^ 

flaUt. I hititi«nirJ to be id tl»« kitcheo 
^mmf Dual' 
Sig*C&c»4^ ^ the time and the day 

BaHxf^ I doo^l IcDOW indeed, it was of a 

Sirj. CA«Air0!, Do vou knoMr what naoalh ? 

&»/«r. 1 don't know. Betng^ io the 

liOHi I iMrard my mw^r retarn again, when 

hwm \mx jait g^otiv out before ; hearing' bis 

i^K I atrf>|ted to th« stairs, md wonderrd 

ftiilMiiil ouHif ■"-: " 9«i*oon ; I saw hicn 

NMiiB with ;i \^ \ beard him £^o up 

tf^n, 1 fitftMKHJ^ .«.^, i i^eard him speak loud ; 

l^AaiKMNl be was arrested , I was sur|jrjjted 

Ml; ImmtA a lUtle while till he went up, 

Ika I wrtti up to my mistreEs, because she 

9m with ciliiifl ; I waM afroid she would be 

I ( wiMfp I came up she was iu the 

i|;-niyai with tnv miuiter and Mr. He^isuo, 

A a liulr time she went out ot the dmiiJ|i;- 

I «ato tiic lit-'d -ctiamber^ and she was ticav- 

•e4 ia aoaie tiiiM; my master anil i>lr. 

^m w«a in the room together, my master 

aci4 irmlkcd about the room ;* I staid 

wtk my ■litireta some time, and at last I 

hmmA mj nsMlvr go op stairs, and he rame 

4iwB inuttidblvly agam ; upon this I went 

Mallie Ttmtn^ rn*- »•— -r hud two pistols, and 

ke psc iknn on '>f his coat ; I asked 

hm^ ** What dj i. uith tiiose pistoU? jf 

^ fin wcomtfS she will he frii^hted :" Says 

k% •* I «io**i di^iL'ii iti «to any hurt/' Thru 

^ laid nw hv^ 1 abuseit him in the 

Mfeai, «mJ cxiif I tier ; this man (potut- 

^1 1» ffiwiwi) t»aa lu tlie room all the time* 

Hr, Mys I, pruy lay rhmn ih^^ pistols, and he 

«[»aaa4lay diiwuV uds on the taldc 

m my r^aeM, and h . hi« cam*^ in hts 

tel I wrnt into tht mjijiii ugnin to my mis- 

tooR, aad w t^m 1 csme there she was m her 

^fc* t^iuct ♦ "" yJ ^*he p)t up, 

llted (be ctif^ r down OD the 

%i-«Ae, and *.i^ trr^nivn. 1 pcf^uoded hfr 

■K III ^ fm^blrd : Ahciwards I heard some- 

'a* iJi4* door, m»m( I »i.-i»|ied out to 

' io, and J 

^ J Tr« liter) : 

y t>mc alont; the 

t'jMm thst I 

>«-re was a 



^ mi thm »taint tii \r% 
» »1if*i**' lHuO ni 111 ; 



Tui iiw iiii*uivi be if igUtwiMjd i 



I heard a noise, but did not know what ft was ; 
I heanl the nuise i^ row lyrreater ; J stepped 
softly through the passa|fe, threw np^n the 
dining^' room door, und 1 saw Uub i£ef}tleman 
(puiritinjr to ReaMOu) stiibbiitg^ my master with 
sM his miffht »nd tuain, and be on \m buck on 
the floor, liftini^ up bis bands as if he be^K^ed 
for nterey. The other baih<r had hi;* back to- 
wtirds ine, staodioif by the side of my ma'iler ; 
1 ran to the door and cried on t murder; then 
off went lb*? uiiitoj : 1 wns fiii»h toned, for I 
thought they had shot after me ; and to about 
two minutes' there went off another. 

Mr* Hungerfm-d* In that place where your 
master was, could he come at the pistols ? 

Hetter, No, my master had hts two handa 
UHed up thus. 

Mr. Hungerford. Had your roaster any 
thing in his haudf — Hester. So, 

Serj, Chahire. What condition did you 
leaf e your master iu when you went out ot the 
room ? 

Heslcr, He was upon the grotmd on his 
back| and his two hands hfted op tiius, and 
Mr. Reason stabbing him when upon the 
ground ; he stabbed him upon the hi\ sole, 

8erj. Cheshire, I ask you, couHider, by the 
oath you have taken, whether the pistul did go 
off till after you had ]el\ your master, and he 
was stabbiug of him ? 

Hester, It was after that I saw him, within 
two minutes atler, upon my crying out murder 
the people came up stairs. 

Reaaon. How long was this after Tranter 
came? — Hester. Immediately* 

Reuson. Flow long was it after Tranter cams 
in befure you saw this? 

Hester. Not long, all the action was not 
long. 

Mr. Strange* You did not observe where tlie 
jiislols lay ? — Hutcr. No. 

Mr, Utrange, Did you oliserfe your master 
had any thin^ in his hand? 
Hester* No, I dal nf»t. 

L. C, J, Did you see your master when be 
went (Hit in the morning ? 
Hester. No, I hesrd him, 
L, C. J* You saw him when he returned T 
HeHer, Not tUI ho was up in the dining- 
room. 

L C. X Had yoor msMer any sword oo ? 
Hester, I beliete he had« I did not mind. 
J*. C. /. When your m sister came in and 
Reason after him, v"« hrard your master tulk 
of un arrest, and that you had the cunosity of 
hi ariii^ whut pii^M^d betwei'o ihvni ; did you 
heiir uiiy W(»rd» ut bent orpa^siun? 

Hestrr. N«», my lord, I heanl iiiy master 
talk somethtn^, hy which I understood my 
niHSter wa»k»rTe5«ti'd. 

X. t\ J, Did your mwsler ^e^-m angry ? 
Hester, Yea; becnnse ihey seemed so tin* 
ci%il, ibst they did nut come and give htiu 
oottce of it. 

Mr. i; L Y^ou wiy you ^aw your 

imstrr^. »ari, csii you guess at tb« 

quantity ul tV i — iia«f • No« 



1 



4 
< 

1 
« 



83] 



8 GEORGE L Triai ffHugh Reason and Robert Tnader^ \Vk 



Mr. Hungerford. Can yoa tdl for what par- 
pose slie was tellinir ^lio money P 

Serj. Cheshire. Did you bear Nr. Latterell 
apeak to bis lady to fetcb any money P 

Hester, 1 was not in the room. 

Reason. Did I stay in the room by myadf 
when your master went up stairs P 

Hester, Yes, you did. 

X. C. J. And when he came down he bad a 
case of pistols P 

Hester. Wiien I saw him he bad them in 
his band, and when 1 insisted upon his Uyin^ 
tliem down, be came and laid them down on 
the table by me. 

Mr. Hungefford, When did jrour master die P 

Hester. He died the nig^t following, 1 was 
with him all the time. 

TTiomas Waters the waterman sworn. 

Reij. Cheshire. Thomas Waters, will you tell 
my lord and the jury what you know on the 
occasion of a noise and crying out murder at 
Mr. Luttereirs lodging. 

Waters. AIv lord, I was at the water-side 
wlien capt Lutterell came down to go by 
^ater, I went down to carry him, there two 
men crossed over the way to him ; I was gone 
down to my boat to wait for him, but he not 
coming down, I came back again, and seeing 
them go into the house, I went to the water- 
aide, and staid there some time, and the lad 
running out of the house, and crying fire, 
munler, I run up, and run into the door, and 
when I was about halfway up stairs, " Lord," 
says the boy, '* they are murderioff my mas- 
ter ;" I run to the stair-head and heard the 
pistol go off, and then said to the boy, is there 
any more pistols P Then I opened the door, 
and went in, and met Reason with his sword 
drawn in bis hand, and as he was putting it in 
it stuck. 

Seij. Cheshire. Where was captain Lut- 
terell P 

Waters. Laid down on the floor, all in his 
gore ; when I came into the room the young 
man followed me in ; 1 saw one pistol lay upon 
the Ubie ; Tranter was behind Reason, Rmlsou 
was putting his sword into his scabbard, and 
it stuck ; and as I came in Tranter shewed 
nie his hand, and said. See how I am used ; 
Reason was opening the door ; 1 took hold of 
him and said, You must go no further, here is 
murder done ; then the constable came in, and 
I charged the constable with them. The cap- 
tain's sword was in the middle of the room 
broke, he lay on his right side with his arm on 
(be chair. 

Serj. Cheshire, flow far was the table off P 

Waters. Tbe whole breadth of the room ; 
he lay just before tbe fire-place ; 1 saw but 
one puiol ; 1 came in when the last pistol 
went off, and 1 met Mr. Reason, and put him 
by with my hand, to o(»me into the room. 
' Trcnter. What wound did you see me 
have? 

Waters. No more than in your hand ; he 
diewedinaliishand. 



X. C. J. Did it appear to you upon 
on his hand, that he had receiTed a 
his handP 

Waters. Yes, my lord, I belieTe he was 
wounded, because he shewed me his hand, and 
it was bloody. 

Tranter. Was my bead broke? 

Waters. 1 did not see that. 

X. CJ. J. When you came into the room yoa 
saw bnt^ooe pistol? 

Waters. 1 saw but one, and that apoo the 
table, just as I came into tbe room. 

X. C. J, How far from Mr. LutterdI wasitP 

Waters. 1 bdicTC three yards. 

L. C. J. How far ftom the priaoner, or 
either of them ? 

Waters. The prisoner stood by the table, as. 
1 came into the room. 

X. C. J. Was the sword in the scabbard tket 
was broke? 

Waters. It was out, and please yoo, my 
lord, 

X. C. J. Whose sword was it? 

Waters. It must be the deceased's, becaott 
tbe other bad his sword .with him in his hand 
drawn. I saw the blo<id : I desired the eon* 
stable to draw the sword, and I saw it bhiody 
a good way. 

Mr. Peters sworn. 

Serj. Cfteshire. Mr. Peters, will vou tell my 
lord and the jury, whether on the 17th eif 
October Ust you was sent for, and by whemf 

Peters. On the 17th of October kst, I 
think it was in the forenoon, about 19 o'dock, 
I was sent for to Tisit Mr. Lutterell ; the mee- 
senger told me he lay expiring : I came into 
his room, where I found him on his bed, in a 
wounded condition, and hmguishing of hie * 
wounds ; he seemeid desirous, that 1 would 
pray to Almighty God for his soul, for he be- 
lie? ed he had but a little time to cootiBue in 
this world, and therefore he desired to make 
tbe best use of it ; I was ready to assist him^ 
and desired him to consider how far he might 
be instrumental in bringing this misibrtone ea 
himself. I desired him to consider, that as s 
dying man great weight would be laid on Us 
wonb, therefore if be said any thing net 
strictly true, he might iuTol? e innocent peepis 
in the guilt, and the punishment: theKtbre I 
desirecT him to lay his hand upon his heart and 
consider. 

He told me, *< As a dying man, as he ex- 
pected to be tried for this very fact at the her 
of heaven, as wdl as the persons who bed 
injured him, he assured me he was murdered 
in a barbarous manner.'** Afterwards came ia 

* Concerning tbe admissibility as evidenne 
in cases of murder of the dying oeclaratiotts if 
tbe deceased person, Mr. East (Pleaaoftlm 
Crown, c. 5, § 194), saya, •• Besides the mmA. 
evidence of gnilt in general eeaei of Mem 
there is one kind of evUcMe nmra nsadip* 
tbe case of taueideb wUdk m ths dM^ 
€f the 



«3] 



JIft ih€ Murder of Edward LuiiereU^ wf . A- D, 1722. 






mmChmn^^ a ItajIsfT in the same street, and 
imawA nm to pat it home to him : I tlid ; u^Hm 
whkk be iii«^e itie i!ie same nnswer, ** Tliat 
W «i» kartNVtMKly mtirJerPil ;'* he ^%ttIitetl 
i|gntt, or wouM liare eKt»refi^t^«) himself more 
fali|r : OB Ibis 1 pmyeJ by him, udU when ( 

hct iUcif, and the party hy whom it was 
iMiOed* £vitlence of* this sort is uitmissible 
Ia Itbii Ckfle Of) the futlet^t tiecessity i for it ofttn 
that llitfue is no iliiri!! perion present 
m eye-witnewto the fact, and the usual 
■llMaim ulher felonies, namely, the party in- 
jmrihamtrH't is gotten rid of. 'But in order to 
•ft far as possihlCf the purity and 
of such eTideoce, it mu^t appear that 
~ at the time ot making 8ucb de- 
wa3 conscious of hU ijaoger ; such 
being constdered as equiiralent 
tolbaBBCtkvo of an oath/' [and as not greater ; 
tf (be testimony upon oath of any 
(mm of an attainted convict) %Ton1d not 
eiit iM> neither shall hif; d^in^ de<:bra- 
See George Drtimmond's Case, Oh! 
Sppiember Sessions, 178i. Leaches 
niCruwn Law. — Upon the same prin- 
d^v il wmy be conjectured, that the dyhifz 
JM^iiHiiiiiiiiiM of a {>erson, of whom it should 
le ^rofvtl that at the time of makings ihcrn, 
it fid bOl believe In a future slate uf moral 
would not be received], '^ imd that 
mmM be dis(>osed under such cir- 
to belle his conscience: none at 
bmd Aiy sense of rehgion. But 
need not have been ex- 
by Ibe deceased ; it i* enough if it 
rbl he collected from circumstances, and 
Comat ftre to jud^e of tht< consciousness 
tit the admission of this sort of testi- 

la eosfbrniity to tlits laxt position, it appears 
lb«l in Mari^rel Tiuckler^s Case, Durham, 
mi, (HV. £ut PL Cr, ub. Slip, from MH. 
Gaold, J* md MS- Crow n Cases reserred) the 
wlietber her declarations were made 
m OOGSciOQsness of her dan|«er, was ujmu 
aiupit* oi execution referred to the determi- 
of tbe judges. 

agmtii, in Thomas John's Case, Car- 
8pr. Sess. 1790, (ciL £ti9t PI. Cr. ub. 
M8. Buller, J,) the Court was of 
thai the evidence of the stiite of tlie 
wS^M bedtb at the time the declarations were 
suliicient to shew that she was ac- 





M| dying t and that it was to be inferretl from 
ite ibe ivms conscious of her situation : and 
direction was given to the jury 
siabi«ct. The jory having found the 
l^itiUy, this point was (among others) 
|o the judges, wbo at a cootcreoce in 
Ttmiy 1790, all agreed thot it ought 
bo M\ to the jury to say whetht^r the 
Ibooght she was dying or not ; for 
be decided by the judge before be 
lb* erideDce, 
Asd<gttin, ID Ueorv Wdbounie^s Case^ Lin- 
' " a?>3, (cit, EmI PL Cft ub. 




[96 

Itiid done, X took m}* leave of him,. In about 
an hour afterwards I was sent for agaiu ; 
when 1 came there, I met Mr. Vernon and 
Mr. Uaynes, justices of the peace; one of the 
justices gave Mr. Lutterell liis oath, and them 
being no clerk there, desired me to take hit 



sup. from MS. Bugler, J.) though at the trial 
the jndge, (Aiilihurst, J.) left it to the jury to 
consider, whether from the whole of the evi- 
dence they were satisfied that the deceased, at 
the time she made the declarations, was con* 
vjneedof the dani^er of her situation, yet upon a 
reference to the judges in Michaelmas Term, 
1792, they all agreed, that whether the de- 
Cfiiiiied thought herstlf in a dyin|f state or not, 
was matter to be decided by tne judge in order 
10 receive or reject. the evidence, and that that 
point should not he kft to the jury. 

It is not stated from what principte thin doc- 
trine was deduced, which is to be regretted, 
since It may li« thought that the question, 
wh ether at a giTeii time a person did or did not 
think that his death, was at hand^ is a luere 
question of fact, perfectly distinct from any 
[lomt nf law, and perfectly free from any mat» 
ter ol legal inference; and accordingly in 
the cose last cited, it has appeared, that at 
the trial the judge left the consideration and 
decision of it to the jury. 8o, too, in the Caso 
of Wrlham Woodcock, who was tried at the 
Old Bailey, January ^ssion^ 17B9, before Lord 
Chief Baron Eyre"; present Mr* Justice Ash- 
hurst, and Mr. Serjeant Adair, Recorder. (See 
L^tch'sf Cases in Crow ii Law). The j udge, no* 
ticing a doubt^ whether a certain examination 
upon oath, taken by a uaagistrate, of the de- 
cefised, was such a defiofiition as could l>e read 
under the statutes of Ph. and M. eicpressed 
himself as follows : '^ My judgment is, that in* 
asmuch as she wa^; mortally wounded, and was 
in a condition which rendered almost imme- 
diate death inevitable, as she was thought by 
every person about her to be dying, though li 
was difficult to get from her particular ejcpla- 
nations as to w hat she thought of herself and 
her situation, her declarations, made under 
these circumstances, ought to be considered 
by a jury, as being made under t*he impressioa 
of her approaching dissolution ; for resigned as 
she appeared, she must have felt the hand of 
death, and constdered herself as a dying wo- 
n»an. 8hc continued to repeat the tacts she 
disclosed, rationally and Dnifonnly, from the 
moment her senses returned, umif her tongue 
was no longer capable of performing its ofhce* 
Declarations so made are certainly entitled to 
credit; they ought therefore to he rec^^ived in 
evidence : but the degree of credit to w hich 
they are entitled must alwavs be a nialter for 
the sober consideration of the jury, under ail 
the circumstances of the C4ise." 

As to the respective provinces of judges and 
jurie!!, 6ee vol. 6, pp. 967. 992. BusheU^s 
Case, 999. lOVi ; the modern prosecutiona 
prior to the Libel Act (stat. $% O. 3, c. 60), 
aad particularly the Case of Fnuicklift» *« i». 



\ 



27] 



« GEORGE I. Trial of Hugh Reason and Robert Tranter^ [28 



words ia writinsf, which I did ; the words were 
these ; '* The bailiffs took the pistols from my 
table; they fired them twice; the fat man 
drew his sword ; and run me into the bodv 
with his sword; and then drew my sword, 
which I broke in hi^ band, and be^ed for life ^ 

1731, in this Collection. See, too, vol. 8, p. 
d6; vol. 11, pp. 37^, 373. 

The Statatum Wallise expresses, < De Officio 
Coronatoris ;' ** Eritque oflioium ejus, quod 
8t<itim post(|uam ab aliquo requisitus tuerit ve* 
nipudi ad videndum mortuum iuterfectum per 
feloniam, vel submersuro, aut quocunque alio 
modo mortuum per infortunium ; et eliam ad 
videndum hominem euormitervulneraium, de 
cujus vit^ desperatur ; quod statim raandabit 
vicecomili vel oallivo commoti, quod venire fa- 
ciat coram eo certo die et loco omnes duodecim 
annorum et ultra, de vill£^ ill^ in qu& casus con- 
ti^erit et de quatuor villatis propinqiiioribus, et 
quod per eorum sacramentum fidelii^r, caut^ 
et secret^, ac diiigent^r inquiret de leloni&, de 
felonibus, et eorum catallis, similiter de facto, 
et de modo facti, videlicet quis fuerit culpabilis 
de facto, quis de vi, et cujus modi vi, quis de 
pnecepto, seu missione, quis etiam de recepta- 
mento post factum, et de catallis eorundem ho- 
ininum qui per inquisitionem iade culpabiles 
iuventi fuerint." 

<< This branch of duty" (the attendance and 
summoning^ a jury in case of any person's being 
so severely wounded that his life is despaired 
of) ** in a coroner," says Mr. Barrington, '< is 
now totally neglected, as his proceedings are 
only * super visum corporis :' it is a regulation 
however whiph deserves much to be revived. 
And 1 should conceive that this attendance of a 
coroner with a jury when a dangerous wound 
had been received was to prevent the dying 
words of the person murdered from being evi- 
dence" [quere the precise meaning of this,] 
** as this kind of proof though allowed at pre- 
sent cannot be too cautiously admitted. It is 
presumed indeed that the words of a person 
expiring cannot but be true, considering the si- 
tuation uudec which he gives the information. 
But may not a dying man, though a good 
Christian, deprived of expected happmess in life 
by a wound received perhaps from an enemy, 
rather wish his punishment more eagerly than 
he should do ? and may not those about the 
dying person, who are generally relations, re- 
peat what he hath said more strongly on his 
trial, than possibly the wortls were delivered?" 
Observations on Statutom Wallie. 

Concerning the admissibility, under the 
Scots law, ofevidence of Dying Declarations, 
I find the following passage in Mr. Hume's 
* Commentaries' respecting Trial for Crimes, 
▼ol. 3, pp. 237, et ug. 

*' In cases of murder, oor judges have aU 
ways admitted evidence of the dying declara- 
tion of the deceased, even though purely verbal, 
•dA sdll more if redueed into writing by toy 



1 neitlier fired a pistol nor 
they both run me through ; 
them the money." I think 
words he said. AAer this 
again, and still desired, that 
any thing to the charge of 



made one push ; 
1 offered to pay 
these are the very 
I praycHl by him 
he would not hiy 
people that were 



creditable person, with respect to the manner 
and guilt of his death ; justly considering that 
such materia] testimony, and given on so try- 
ing an occasion, is of some weight in the scale ^ 
ot evidence and sound reason, as a circum* ' 
stance and presumption of guilt, though not to 
be received certainly as of equal value with aa 
oath emitted before the assize. This doctrine 
has the sanction of many precedents in va« •' 
rious forms. In the case of William Ross, Fe- ' 
broary 16th, 1719, the interiocntor sustains this, < 
among other articles of presumption against ^ 
the pannel, * And upon carrying the pannel to ^ 
the defunct's house, he the said defunct, whca v 
on death -bed, U|M>n seeing the pannel, did do* > 
dare that he the said pannel was the persoa ,« 
who gave him the wound.' The libel against vj 
George Donakl, August 4th and 11th, 1730, '-^ 
relates, ' at least at the time and place afore- 'i 
said, the said deceased Robert Stewart received -i 
a wound in the bell v, of which in a short space < j 
he died, and upon the noise made by the firing ;. 
of a pistol, one of the neighbours running in* •. 
mediately into the said house, saw him the said ^j, 
George Donald, with a pistol in his hand, x 
which was smoking, and fire on the breast of \i 
the said liobert Stewart's clothes, and havinr y 
opened them, saw ane wound bleeding, ana \ 
beard tlie said Robert Stewart say, that he the «, 
said George D«)nald had shot him.' Testimony >, 
was given to this material circumstance, not* | 
withstanding the opposition made to it by the <^ 
pannel. Indetnl, in such cases, the dying d^ 4 
claration is properly a part of the fact, or story. -., 
<* The indictment of Norman Ross, mskes the ,1! 
like charge in these words : ' And she being yet *. 
able to speak, declared to the persons pre- ^ 
sent, that he, (Norman Ross) was the person ^' 
who had done that bloody deed, and directed ,^ 
tliem to look for the knife, which was accord- , 
ingly done, and found behind the bed, besmeei^ .' 
ed with blood:' And these things weut to ^ 
proof without objection. The like was allowed ^ 
in the trial of Nicolas Cockburn, August lOtb, ^* 

1754, for poisoning her stepmother: A siir- ' 
geon who attend^ the deceased, and Mr. ? 
Duudas of Amiston (afterwards lord president ^ 
of the court of session,) who had acted •■ n *|| 
justice of peace on Ihe occasion, deponed et , 
large to the account which the deceased, in her ,,^ 
illness, had given them, of the violent and sad* ] 
den manner in which she was taken ill ; of the ^J 
pannel having prepared breakfast for her ; of ^ 
the various shins and subterfuges which aha J 
used to avoid detectiou ; and iu short, of her ^' 
whole grounds of belief, that the pannel wee ^ 
the cause of her death. There is another ceee ^ 
of murder by poison, August 9th and lOlh ^ 

1755, that of Andrew Wilson, who was tf led || 
for poiioning lue wife ; end tlien the libel j| 



B] j6r tie Murder ofEdxmrd Lutterellf esq. 

i«t fnOiy : I lell him tben, «nd carne ii^abi a 
Ibipi tnnVf 



A.D. 1722. 



f38 




•nd as I wiui pruyintt by liitvu he 
rtir, arift nskeil me^ W it was tiol 
i ci i pir to FP^oeive ibe holy sacrament^ which 
W «•» 4e«triMis to do: 1 asked hiin, if ever 
h^ liati reerited th« ncrament ; he totd nie 
l» batf t I d«^ired him to consldtTt and lo 
•■Milivifi I |iyt blm into a method ; I told him 
a* ikm^ which was necessary, which perhaps 

%etf¥ii^like inip^atrbmenl of the piiRnel, hy 
iWl Rfim *! Hjwti her de*lh*bed, thus : * And 
1ilar»i Ljd HI ifCj during hc^r said last 

ik^ e pr&««uce and hearlogf of se- 

l|eTVii^« txjftfss silrong aiiJspicions of your 
jfMooed her with the said drink.* Last 
f owv i»pp4*al to the noted trial of Muns^o 
, Februiiry S6tb, 1770» where Mr» 
r, tt«e surg^eon who itlended lord EtfUn* 
«i*« hi'* flrj&lb hed« g^ave evidifnce of bis 
»mtitin» wiih r(^Kp€ct to the (>ccii5ioti 
ring* ibe mortnl wound » 
Ligr||,t'rc)fn their nQlure.cases of murder 
i trec^tietit, they lU'e not, however, 
i« skIv caiw^i in which this sort of evidence 
mty btVfat>)oy ed, a$ appears from what passed 
h Uie Utal of J amen Mat:gTegor, Augii-,t 
H 1TS3, for the aMuction and fori^ible raarry- 
m^oiJema Key. After being recovered out of 
A0 pattiitil*s bands, and placed with a relation 
if Mr OWO4 that unfortunate young woman 
Mm tbe ^th of May, of her own acijord, 
MB into the presence of two of the judges (tlie 
M ^^iistser-eieik aod lord Drummore,) and 
W ffifal^ly related lu tbeni the story of her 
Mfoififg^T wliicb was duly taken down in writ- 
mff-f mmI slie had afierivards, in presence of 
teCoufi, eonfirmcd and publicly adhered to 
Ikii 4ecSimtiofi. But at this time &he was in 
ai iftAmi aitd languishing condition, in coo- 
ef Iht! ^ievuus outrages which she 
foficfrd ; and she died before the libel was 
tt^fwi the author of her dlhrresses. To 
Mf^t therefore, as far as mii<lit be, this ma* 
~ * ' 4tSkt% llie piTrteciitor Hbelled on these 
of ber's, as meaning 10 prnduce 

\ hf wmf of evidence in the iriaL Accord* 

iiflf , mtUft bearing counsel, the Court allowed 
iM IP be ii«ed as circumstances of presnmp- 
!■ agttiiit the pannel ; and they were again 
fnime^ Auifiist 6lb, December 97, 1753, 
Hlbeinal of Robert Mae«rrt*gor, ibe associute 
#laiiei ill this atrocious enterpnze. 

* 4i irsiimonieiiof ihii^ sort may thus serve to 
^iq|i|irfli tl>e case ag^ainst the pannelf ro may 
ivf dotthtkftfa be referred to on bis [Mirt, iriih 
i|Mi cralit, AS ^f^t as they are favourable to 
l» ijfaici. Kucb BU appeal was made, and 
f(»f», in the trial of 8nmuel Hale, a 
'1 accidentally stmt hi"* comrade, 
1 d, in the course of some sport 
:f on between tbem. It was 
e that the deceased, when sup- 
hitt death -bed, 
mis: ''That he 




Girt 



.e fr 



:^ 



cs 



liiut ^,^..«Mu^^ i^<iic, panneli knew 
: fkw WIS ioAdcd, tnd tliut he free- 



he might come into with relaclanee, and that 

was charity and forgiving his eneraica. ] told 
him be* had been hardly dealt with 1 lietieved, 
)'et it did behove hiin, us he diett a Chri^iau^ 
to forgive them : he lold me be did lbr^''ive them^ 
and be hoped Almighty God at the last day 
would forg-ive their indiscretion ; he died bqiho 
ttme afterwards^ but th'u in so doling a condi* 
tion, that f could nol attend him lo any pwryme, 

ly forgave bim, and stretched forth bis baail 
aod kissed hiui^ and said be believed he mean4 
bitD no barm, and that the same was acci- 
dental.' Hale, in consequtmce, bad a verdict of 
acquittal » Though not attended with the sam^ 
Wtieiit la the puna el, the like eiidence iu a 
written form was allowed in the trial of John 
Dowuie for murder, December 12tb, 1774, 
who prudiiced the dying declaration of the de- 
ceased, tiiken down before witne^es, by the 
minister of the parish. In one instanoe^ and I 
believe in one only« a pannel had been allowed 
to avail himself of a testimony of a more un- 
usual kind. In the trial of Alexander Heid, m 
revenue officer, for murder, March 15ih^ 17fti* 
be founder] on the decliiration betiire a tuai^is- 
trate, of John Faiquharson, also a revenue 
officer, and one of the same party, wh4> had 
likevtise been accused of the murder, but was 
DOW deaiL But this of allowing a deceajed 
culprit indirectly to s;ivc evidence for another 
culprit on his trial, cannot be considered any 
otherwise than aa an exii anrdiLtary indulgence, 
which vva.s owing only to the lord advocate's 
crnii^ent, given on account of the particular cir- 
cumstances of the case/' 

] n Aveson v. lord Kinnaird, d East 1Q8> it 
v,3ih held that in an action by the husband upon 
a policy of insuianee on the life of his wife^ 
made by her when lying in bed apparently ill, 
stating the bad state of her health at the period 

of her going to M {whilher slie went a fe*r 

days before, in order to be examineil by a sur- 
geon, and to get a certificate from him of good 
health preparatory to making the insurance) 
down to that time, and her apprehensions that 
she could not live ten day? longer, by %vhich 
time the policy was to be returned, are admis* 
Bible in evidence to shew her own opinion, who 
best knew the fact of the ill state of her health 
at the time of effecting the policy^ which was 
on a day intervening between the time of her 
going to M - - , and the day on which such 
declarations were made : and particularly after 
the plaintiff had called the surgeon as a wit- 
ness, to prove that she was in a good state of 

beahh, when examined by bim at M- ; bis 

jutlgment being formed m part from the salb- 
factory answers given by her to his enqniries. 

And in the same case, lord Ellen borough 
mentioned a case of an action upon a l^ond, in 
which Mr. Justice Heath permitted evidence 
to lie received, that the attesting witness l»ad in 
his dying momeota^egged pardon of heaven 
for having been concern^ in forging the bond* 
See, also, Wright v. Littler^ 0urrow, 1565, 
'cited by lord Ellenborough, 



8 GEOHGE I. Trial n/Hugh Reason and Rohtrt Tranter, 



Mr. Hunger ford. Did be siy toy thing- 
I'iibotit wbo Bred the piblol ? 

Fetert. i meniioneil k to liim ; wl»rii I 
[ttikerl him, if he had Bred either ol llie ptHU«ls% 
1 1 tuhl hiinoneof the iiaihff^ viii« uoundiil, 
(ant) that there were ifvo hnlls takni out of hh 
lliarid ; he assiured me, as he vfnA a dvitig mati, 
, lie fired uf tther of liw pisiol-t. 

Heusoft* Did not he confess that he bad 
binike CHIP of their headts ? 

ttUrg, No, he did not say be broke one of 
freir heads, nor dti y thiii^jf hkt- it ; «o far from 
that, that he said he did not deujg'u to hurt a 
buir of their heiids. 

L,C J. I ihiok, Mr, Peters, you Ray, when 
r^ou came there you met uiih two justicei of 
T'the peace, Mr, Vtinon and Mr. Htiynei!, and 
pt>ecau!»e they hid no rli-rk there, they (Jeairetl 
70U t<» take the esuioiinaitoii. 

Pet en. Yea, my ioi-d, t diil lake it. 
8erj. Chahire, My l*>f*l, I ajiprebendei! we 
^hid it ready to prodace, or else 1 hud not 
ned it ; but upon my caltio*' for it, I am 
Kiold, to my surprise, that Mr. Veruoa hath it, 
■snd be tn gmw intn the country. 
Fettru, i hare a copy of il. 
i, C- J. We must have the orii^naU 
PeUrt, My lord, there ia a copy of it in my 
^onition before the coroner. 
L* C* J, la Mr. Haynesheref 

Mr. Haynet called. 

L. C* J. You have g^iven an accoutit of the 
E^xamltialioti of this gentleman, first before the 
IcHergyman, at\crwarfis bt^fore two justices of 
the peace, hi^ examination is taken and reduced 
into writing, and if it was reduced into writing*", 
by tlie rule of law, ufile?i8 yon shew you are 
ditiabled to do it by aouie accident or other, you 
iDU^t produce that \t riling^. 

Mr. Reeve. I am very much surprised^ I ap- 
^prebeiided they had the writing ready in Court 
'to produce. My lord, Mr. Elaynea will inform 
you. 

Mr Hflj^tief sworn, 

X. C. X Mr, HavEies, we have been in- 
brmed by that geottemao that stands before 

^ you, the [oifiister, that upon hearing of this 
uuhuppy accident, you and one of your bre- 
threu, Mr. Vernon, came there in order to en- 
quire itiio the matter, and lake the examiiiaiion 
of the prijiooera ; did you do it ? 

Ha\/nes. My lord, on the 17lh of October 
last, the pri»oner0 at the bar were brought be- 
Ijie me, and charged with the murder of Mr. 
Lutterell ; 1 undenttood Mr. Luiterell was not 

' actually dead, so Mr. Vernon, another justice 
of the peace, went with me to Mr. Lutterell '■ 
lodging, and there we found him in a WQiry 
weak condition, but iiensibtc ; \^c adminiitereil 
the oath, to order to take the information in 
form ; Mr. Vernon and the mininter were 
lb ere ; my bearing not h^nic ^ood, Mr. Ver- 
•CD exammeii him i but before they could per- 
feet bis examination in lorm be fainted away, 

Mffd ctfold not g9 9u : Ibeii we went to my 



hou^e, where the prisoni^rs were, and exa- 
mined them^ and afterwards committed them. 
What the deceased said to Mr, Vernon and the 
trunistpr 1 did uot hear, so can give on 
count of it. 

]%tr. lieete. B%d you a paper taken ? 

Httytirt. There was a paper taken, but J 
was iiupertect. 

Mr. Keete. And 1 think that is not in ya 
custody, had you the paper ? 

Htij/ttrs. No, I httd it not, 

Mr. Reevf. Do you know where it is ? 

Jlui^nti. No« 1 do not. 

Peters, I jfQve it to Mr. Vernon, and 
tainetl it of him to shew the coroner, and 1 
terward>i 1 |^ve it him again ; 1 took acapy' 
of it. 

L, C, /, The copy you took is from ihm 
pajier produced to the coroner. 

Mr. Hecre, You were examined before th# 
coroner ? 

Fcten. I brought the original paper to the 
coroner. 

Mr. Ki'rre. Whether that, which ia me 
tioned in your affiilavit betore the coroner, ' 
a copy from iheorig'inal paperf-*Pc:<rrf. 

Mr* Rerrc And did you examine it ? 

Pfietx. Yes- 

X. C. J. We must have the original. 

Mr. Httngerford, We hope we may Hal 
liberty tu read the deposition taken before the 
coroner, if what the gentleman says be so ; he 
saw the examination taken in the presence ef 
the justices of the peace, and the very paper« 
the ^\ord» of the paper, are containei] m the 
deposition taken before the corouer. 

L. C* X That won*t do, you have not tite 
examination of the deceased. This is ill done 
of Mr. Vernon, he on};ht to have taken care^ 
and attended here, and had the examinatiOQ 
before the Court, and without that we caniiot 
arrire at the truth of this case ; I doabt yen 
must tav aside all the evidence of this gen* 
tieman tor want of t}ie original examination. 

Mr. R^eve. We must stihmit it to your lord* 
shipf as to the oonfesaiou, that part of it that 
is not contained in the examination^ which was 
not proposed to him at the time of liis exami- 
nation, whether that is not evidence; there are 
two or three things he gives an account of, that 
he said before it was reduced into writing. Bui 
suppose we cannot have the beneBt of the exa- 
mine] ti on, yet the discourse that was had with 
the deceasied at another time, whether we may 
uot be admitted to give that in evidence, we 
must Rubmit it to your hirdship. But suppose 
no examination hud l^een tuken, we humbly 
apprehend what he said wouhl be proper to lay 
betore the jury. Therefore when he gives an 
account of what be suid at another time tbaia 
that of his examiiintion, though we cannol 
produce what he suid at the time of hia exami- 
nation, yet we may give in evidence what he 
said at other times. There were two ftiher 
limes which be gives an account of, Ihe tirst 
was, wheu he was sent tor to pray by bim, 
and one Church ctme in; be theu declared tm 



SS] Jbr the 'Murder of Edward Luiierdlf esq* 

dying man, he was barba- 



tke vorda of a 
nuriy murdere«!. 

L. C. J. Vnu IcDow in the codrt of Chan- 
ecrr, when the party » examined on his oath, 
he ei%C9> id a first answer ; anil on exceptions 
tikfD tfi it, be i^veM in a scicond, and so a third ; 
ill ibe<c are taken but as one answer and entire 
cni'eaHsioa nl the party. 

Nr. R/ere. Here is not an examination he- 
fon- 1 proper officer. 

L C- J. Y'cni are to be heard no more to it, 
hicv>« %ou ou|j;'ht to produce it. 

St. Rtcve. 1 am sure it is a surprize on all 

Mr. Hungerford. As to us, we ha?e the very 
flKJ««»:tiu in our brief, and I believe, if we 
k*l I <vii<rht it cToiihi not have been produced, 
veihrt'iHl n'lt have opened it. 

L C. J. And there is to<» an examination in 
fBi; that oiK^ht not to be, and the person 
lbi«/l it uij(*ht to be censured ; are juries to 
hi prfjnssie^isiiti ; here is a priuted pamphlet, 
vk^ the title is, Mr. LuttereH's Cry for 
JiMice. 

Mr. Hunger firrd, I never saw it, but am 
liU h i*i luu&c in favour of the prisoners at 
Skew. 

L C.J. If the examination is true, it ought 
li ^ pTixluced, and the prisoners oui;ht to 
CDnef^iriy to their trial, and, if guilly, God 
fcriul but they should suffer, but not by pas - 
■■aie insinuations in print ; and it is an uu- 
IMerdeQitrd thing, and if it comes out who did 
^l«liaUtake a course with them: it is a 
Hi of preveniini; all manner ot justice. 
ftr Hatifierford. No doubt it is a very nn- 
Ktbinj^, aiiil unuarrantahic, no more to be 
tlian otlicers are, vilien, under the 
ar of J4jfttii*e, iliey shall murder a gentle- 
I at his own IcMiginsif : htit as to the case in 
ery, fiist, scctMid, hikI lliinl answers are 
Ik out* answer. I »p(uk it with all deference, 
VfceUier that be the same case, I he uonis that 
hsdid ddi%er at oilier times, W\\v\\ the jiislires 
Mc not present, whoii he was a dying person 
a ihr brink of eternity, and then said the 
■Be words ; and now this paper cannot be 
pndocH, whether the words of the jiapcr may 
Mlbeaihuitted as evidence, we huTubly suhniit 
llli your lordship; and we ht-lievc the wit- 
Wami wiJI give vuii an account of what he 
ttiiat«Mher jierioils of lime, when there was 
•i Oauiinatioii in writing, which was only 
^km the justicfss attended. 

Im C. J. Give an account how it conies to 
fn^ that }ou have not this cxuininatiou to 
, that was in ^iritinji^ ? 



Mr. 3/z7cAc// sworn. 

Mr. Rerve. Will von give an account of this 

C,aiid wlieiher there hnii heen any appli- 
made to get it, and why it is noi here? 
'%cAfi/ 1 calle<l at Mr. V rrnun's. hut they 
■t be was ^one into the country, and he 
M ftjud any one place, which he iMit du- 
hay 4td noi know w here to send to him. 
tSm J, Here is a printed narraiire goes 
XVI. 



A. D. 1722. [34 

Do you know who was tha 



about the town, 
author of that ? 

Mitchell. No, my lord, we have been en- 
quiring in order to prosecute the person ; I 
have asked the widow, and Mr. Keat her ne- 
phew, and they say, they know nothing of it. 

Mr. Hun^erford. It sots out with this fact, 
that the deceased struck first ; anil if so, it is 
very reasonable to suppose, that this paper was 
done rather in favour ot the prisoners at the bar, 
than of the prosecutors. 

L. C. J. The justice of peace that had not 
the examination doth appear, but he that hath 
it is out of the way. Mr. Peters, how many 
times was you with the deceased ? 

Peters. Three times; at 12 o'clock, about 
an hour afler, and about an hour after that, the 
third time. 

L. C. J. When was it you retluced what 
he said into writing? 

Peters. The second time ; the third time I 
administered the sacrament. 

L. C. J. And when you examined him the 
first time, and afterwards a second and third 
time, the design of that was to perfect the exa- 
mination which you took the lirst time, and 
then it is all of a piece. 

Mr. Hungerford, My lord, the third exami- 
nation was atler tli^ taking any thing in writ- 
ing ; when he took the sacrament on the so- 
lemn occasion, he declared, &c. 

Just. Powis. The last examination, there- 
fore, was an advice to a forgiving temper. 

Just. Elf re. Mr. Peters should declare what 
he said the first and third time. 

Peters. I pressed him to consider and recol- 
lect whether what he had said was true ; he 
said it was. 

Just. Ej/rc. What did he say the first time ? 

Pe/ers. The first time he told me, ** he was 
barbarously murdered :" As I told you before, 
there came in one Church a bailiff, and then T 
put him to conhider, whether he was not ac- 
cessary to his own mislorlune ; to \a !iich he rc- 
turneclthe same answer, " Thai he was harhar- 
oiiiily murdered, that he did not draw his sword, 
nor fii-e his pistol." 

L. C. J. Did you ask him about any blow, 
or provocation ufivtn ? 

Pctcjs. I a-ki»d him, to which he said, " lie 
did not design to touch a hair of thefr heads." 

J-.. C. J. I must coi.fcs*;, for my prirl, 1 am 
not cntirt'iy snlisficd: Mr. IVlns at his first 
coming exainin's him, ainlaf'i^r ili^t ho ('(^urs 
to liini a second time, ami then h- U »xnn!ined 
in the presence of two ju-?tices of the peace, 
and hy their aulliority ; and he sovstiu' inlunt 
of that was to perftct the first txr»!nin?.!inn ; 
and beintj socxannned a si.Tond liuio, his r\a- 
mination is takon in wilting; wlu'lljor rr no 
the first and second do not make an entire exa- 
mination, and so that ym cannot pn»d»u'f the 
fnvst without tho seroi'.d ; 1 ujake no dfMibt 
it nii;;ht he prodncrd, if tlierc Ind not lieen u 
second; hut hi' that t xaniinrs liini fir-.t, exa- 
mines him afterwards a second iImv, in (»«ler 
to j)erfect that examinution yuud when he doth 

D 



8 GEORGE I. Trktt of Hugh Reason and Robert Tranter, [S8 

mioation. Now, really, when all this is done^ 
the examination of him before the justice, tdcen 
in writing by the san)e person that enquired 
of him before, and all this done in order to per- 
fect and consummate the examination, whether 
jrou will not take them both together as one en*- 
tire account gi?en by the dec^sed ? He gives 
the account, he gives it as true in the presence 
of the justice ; they were not present the first 
time, but the same person that asked him the 
first time, iie asks him when the justices wera 
there, if what he said before was true, and on 
that an account is taken in wnting : now apon 
this, wiienthereisan examination in writing in- 
the presence of the same person, and « hen they 
give you no reasonable excuse why they Jo 
not produce it, there ought to be the less cre- 
dit given to them. 

Just. £yrf. 1 think there is the less credit 
given, because the examination is not pnMlucedg 
however it is evidence. 

Just. PowU. If they were both of equal vali- 
dity you say something, but it is confessed on 
all hands, that the second examination wm 
more solemn and valid, because two justices of 
the fieace were prevent, and there was the awe 
of magistracy over the person ; and the second 
examiuation relates to the first. 

Just Fortcsctie. It is a hard case on the 

Erisoners at the bar ; it is the confession of Hr« 
iUtterell, and if they had that in evidence, 
they might be compared togetlier; but they 
not having that, I own, as to point of law, they 
cannot give it in evidence : it b a great hard- 
ship, but where it lies 1 cannot tell ; I think it 
ought to be censured in a proper time. The 
most material of what is said by word of month 
is detained from us, and not produced ; but I 
think we should allow what was said at other 
times to be given in evidence, because the first 
is no examination, because no justice of peace 
then present ; so that the examination standf 
distinctly by itself, and that evidence is to be 
laid aside and not produced ; but shall we not 
allow that to be evidence which he said at other 
times, because he had an examination taken in 
writing ? Therefore we shall hear no other 
evidence, thef first was no examination, only 
what Mr. Peters will take upon him to say 
passed between them. 

X. C. J. Go on with your evidence, 
llr. Uungerjord, There can be no doubt of 
the third declaration ; mv lord, the third exa- 
mination was certainly the most honest exa« 
mination ; as to the second examination, it had 
the solemnity of two justices of the peace, one 
happens to oe deaf, the other to be absent ; 
whether what a man says just an he is going to 
die, and on his receiving the holy sacramenti 
is not to be regarded ? 

Just Ej/re, He should distinguish between 
what passed in the first discourse, without any 
rtprh to what is contained in the second exa^ 



S3] 

it, it IS reduced into writing: to me it seems a 
matter of great consequence, if the first is al- 
lowed without producing the second. 

Ju^t. Ejfre, It cannot properly be called an 
examination. 

Mr. Hungerford. The first time he exa- 
mined him as a christian, as a minister ; as to 
Ihe second examination, Mr. Peters had no 
more to do in it than a justice's clerk. 

£. C. J. The examiuation uken before the 
justice, was to confirm the former examination, 
and upon that examination all was reduced into 
writing. 

Just. Eyre, That which is set down in writ- 
ing if it be an examination taken in writing, of a 
pnsoner before ajustice of the fieace, you cannot 
give evidence of that examination viva voce, 
unless the examination be lost; but what de- 
claration or coni'ession was made at any other 
time, may be given in evidence ; the particu- 
lar exaiuinatiou of what he said before the jus- 
tices, and was reduced into writing, cannot be 
proved but by that writing ; but as to what he 
said at any other time, the first and third time, 
and not l)efore the magistrates, that may be 
given in evidence. 

Just. PowU. The great matter I observe is, 
that Mr. Peters did say, he did look upon the 
second examination to perfect the first, the first 
was not so perfect, and then it was to be ascer- 
tained by a second, and which they not caring 
to trust to their memory put into writing ; that 
writing indeed the justice of peace hatn ; it is 
not produced, but if it be agreed that it was put 
into writing, and after it was reduced into writ- 
ing, it seemed to be all of a piece, so as plainly 
to relate to what was done the time before, how 
will they ascertain the whole, but by producing 
the writing ? Then this writing caunot be seen, 
tliejustice of peace hath it, and doth not come 
here to produce it. 

Just El/re, I do not know how to call this 
perfecting the former examination, Tou cannot 
call the discourse between him and Mr. Peters, 
an examination, when there was no justice of 
peace present ; it is not an examination what 
passed between Mr. Peters and this gentleman. 
It is always taken so at die Old HaiTey, where 
evidence is allowed to be given viva voce^ of 
what was said by people at other times besides 
the time of examination. 

Just Powii. What doth Mr. Petenmean by 
peHectiug the examination ? 
Peters. I beg your pardon, it was not my 



' L.C.J. Not to differ about words, whether 
this is an examination before the minister, when 
the justices of peace was not there ; it is very 
likely this minister came to enquire of this gen- 
deman alwut the circumstances of his death : 
after that, the same gentleman is present when 
the justices of peace come ; thereupon the jus- 
tices of peace desire him to take it in writing ; 
be asks the same ouesfions as be did before, 
and they are taken m writing ; be lakaa it, de< 
iigning to make the firrt en ' 
tlMtttie to cbarije Ibe penen 



Mr. Regte, Hr. Peters, yon hear the opi*' 
BkM of the Court, that what paMK*d at the wrfl^ 
byef lUe payer yov vanst not lake any aotioe' 



fir iAe Murder of Edward LuUtreU^ esq. A. D, 1722L 



iC ^ i^re an aocoant of wbat passed at any 

' ' ' ' ' 'ip before, I was 

: time, ^lieti I 
• Mtier I hrt<J ittlked 
im in mind ofifeaih, 
'" ' ■" tar Ue lia'J been 
iry to bring^ tliis 
.,.: .anl, ** As lie was 
'I to be jtuJtjf'l at tlu^ 
Ijim barbarous*!),"* I 
o^Hiii at tbo rccjiiest ofMr, 
nrul tbe taM lime I came to 
il ibc «iacramcnL 
' rs, I dpfsire you to consi- 
^sk him \vbether 

i^r 





ttilc him if be had g'iven 

^ I K li be answered, ** Oe 
ration, 

i ubo giiTe the 6r8t 
^^, i ij,A not* 
Yo^u see the wound ; did be 

u), it appears one of the 

u the hoiid, aud it is pro< 

rsoQ ill at diicharged that 

li« avsured me» *' lie fired 

1 "4 ; he tieilber drew bis 

jtfof tbepistob.^* 

tu 3 on bod this discourse with 

luce itiulo writings? 

i. ^> bill 1 reduced into wriiingf, waa 

\y dr|90i»itii)fi, wbicb I writ wtili my 

vi which Mr, Jiislice Hwrper 

um to, and 1 Ijeliefe he hath it iu his 

L,C.J. Here i\m gentteman b allowed to 
^f an aoccniut of what discourse passed be* 
^fmm biia and Mr* Luttefeli tite first time ; the 
^Aet of pc«i3e caonot be allowed Co give an 
•aaova ■( what it itaid at \m other examtna- 
ia^ W-*^rja^ Tl waa reduced into writing, aad 
ttsi ' 1 not be produced. 

%' i begyou would (jirean account 

vW*i i^c ciatd alany oUiertime, when this paper 
» ooc wriiltfD ? wh#-n you talked wirli him 
V ho said, " Ttie bai* 
CM' ipr him without any 

ihiii fit Kill), <' Uf fj^\ e them no 
j" mad whojj \ou aski t| him about 
iWaMi tKat ooc of Uie' bmliHs bad, he said, 
"^b fiiTil oeilber of Ihu pUtolii, nor drew tirs 
•■tl;*^ I 4iiire to isnow at any other tin^e, 
i^i^cr llMflr waa any itnuLr muteri;}! pas!ii?d 
ia»tM jtiq St any other time ihuti at that 
^a^boa tlie |iaii«' was wrote; Cao you re- 

LiXJ, Yo^ tTiaeounied him three limes, 
Ai %ai fou Jiare tpvcti ^ iccoutit of« the se- 
iH4 tin« tt waa reduced into wlttlrl^^ thnt 
I Vi^^i do<h nnrt appear ; what passed the tlitrd 




mill again f 



Iptii^ to r6eeif a the holj 
1 iP^HE^ of ium to coQiidior wbe* 



ther what he had said was true: be aaid 
** Every article he had said, as he was a tlyiu^ 
man, and as he hoped to receive btneiit by the 
sacrameol, every thing lie liad said, was »lrictly 
true/' 

Mr* Ueeve, We shall trotihle your lordship 
with one evidence more, tliat 19 the fiurireoti, 
who will give you ao account of his wounds. 

Mr. Spar ham sworn. 

Mr. Hecve. I think you was sent for as a 
surgeon ; gire an account in what condition 
you found the deceased, how many wounds, 
and of what nature ? 

Sparham, 1 found hitn lahounucf with a 
wound under the rig^ht psip with a shot ; upoa 
this 1 examined him, and pu(lioi( him into a 
proper poslui-e, found several other wounds : 
one near the hver, the lower part of the eighth 
rib, near the Imck-bone ; several <»ther wounds 
with a aword^ three or four on his bttly^ Upon 
opening of his body I found that the wound 
with the bullet bad penetrated about nioeihchea 
towards the back, wliich wound was mortal, 
the 6rst to be of the lun«ri^ having a hole 
through, and the second to be torn, and the 
diapbrag^ma wounded : J found one other 
wound with a sword near the i^ighlb hb^ threa 
inchesandahalfbroad, penetrating the thoraX, 
and wounding the diaphra^mn, which wai 
also mortal : I found eight other wounds with 
a sword about a quarter M^ an inch wiile each, 
and a quarter of an inch deep, one near tha 
left pap, four others on the rii,'ht siile of tha 
belly, two more on each side the Uack bone. 

Mr. Heeve, So you lofiked upon two of tha 
wounds to be mortj, one whereof was with tha 
pi & to I -shot. 

Sparham. Yes; f saw two leaden piecea 
taken out of his bod y. 

Mr. Slrtiuge, Vtho attended at the sama 
timef — Sparhtim. Mr. Giffonl. 

Mr. Strange, Did he or you take out tht^ia 
bullets? 

Spnrham. We both took them out, I think. 

Mr. Heevt, My lord, we have done. 

L,C,J. Wh.it say Uie prisoners? Tht 
counsel for the king have called w hat witnesses 
I hey thiuk proper, it is now your time toan^ 
awer for yourselve*. 

Reagan. If your lordship please, we ar* 
rested the ifentleman in Surry *atrtct, and ha 
desired me to ^o to his lodging; when wa 
came there, h« said he woidd pay the monev ; 
Bays he, ** Go and aee for tlie attorney, and I 
will pay tlie money ;** ujwn that Tranter w enl 
to the iitloroey for his bill ; I went up stairs 
with the gentleman into the diuingroom; 
when became up, savs he, ** My dear, I am 
arresteil, it is tor Mr. ^os's bill.*" He began 
to look a little angry : with that he went to hia 
scrulore aud took ^methinf^ out of it, a kev^ 
and he went up status and fetched his ptatoui| 
aud when he came dowit again, lie clapj^ una 
to inv breast, and ihrcateneil to shoot me ; J 

room: 



4 



uqirtaed 



\ lady 



witb liiai 1 gtft bioi good words & says h«i 



39] 



8 GEORGE I. Trial of Hugh Reason and Robert Tranter^ [40 



<t Sirrah, f will let you life a little till your 
partner comes back, and then I will send all 
3'our souls to hcU tuf^etlier :" then the foot- boy 
came back and said, the gentleman was com- 
ing ; be ordered the boy out of the ro«m, and 



Lucas. I was opposite to the captain's lodg- 
ing in Surrey -street, in a room up two pair of 
stairs , and 1 lieard a pistol go off, upon that 1 
went to the window, and I saw a lusty fat man 
take a pistol out of the window in the captain's 



one knocked at the dimr ; when the boy was I lodging up one pair of stairs, and let ii off to< 



cone, he clappctl his pistols, one on one side of 
Lis bosom, and the other on the other, and my 

Eartiier came, and when he came into the room 
e gave him a blow over the head ; with that 
he I'losfil in with him, and then one of the 

Sistols went oft* and wounded him ; then he 
rew his swonl, and I drew mine, and then the 
other pistol went off, which was the oocasion 
of his death. 

L. C. J. Have you any witnesses f 

Mr. Tloine sworn. 

Th;in€, My lord, I was employed by the 
plaintiff, Mr. Carr, to take out a writ aurainst 
Mr. Lutterell, on an indorseil note ; I did take 
out a writ and gave it to Mr. Reason, and he 
got the warrant upon it, and allerwards came 
to me, and desired to know \%\\vre Mr. Lutte- 
rell was to bo found, and that 1 would describe 
him to him, whether younir or old, &c. ? I told 
luin where to go, and descrilknl him to them ; 
then they wi^nt and arrested him, and after he 
was arr«»led Tranter came to me, and told me 
the next morning, they had taken the captain : 
they said they took huu at the lower end of 
Surrey street, and that he was very angry, and 
said they had not used him civilly. 

L. C*J. What Tranter said, is not eri<lence. 

Tuitie. I know no more, my lurtl ; Tranter 
came to mo for the bill, and I gave him a bill 
of the (Ubt and charges. 

JL. C. J. Did you ^ivc the bill of the debt 
and cliarjjes to 'IVanter f 

Tu iue. 1 did ; ho told me thev had just taken 
the iMptain, and then I gave itliim ; the bill of 
clmn:es was 1/. 135. 

BIr. n.iif sworn. The warrant shewn to him. 

Tiirs. This is the warrant made out upon 
the bill of IMi.I.lJost^x, at the bui! of Mr. Carr, 
to arrest the d«rcask'd. [The warrant read, 
and aI>o the bill of Middlesex produced and 
read.] 

Nr. llu-kman sworn, and the warrant shewn to 
him. 

IIick*nan. Tliis I know to be my hand, I 
made oui this warrant all of it. 

]Mr. Hutii:trfWJ. 1 would hunibly ofiVr it to 
vour lordsliib's observu lion, hero is' a fact we 

have omitted to pn>ve; hvre is a witness in .- 

court, one Lucas, can prove that Reason shot 1 c«l.'' ( was there airain, when Jlr. Peten 
off the pistol. j iri^xc him the saorament. when he wuk ask«d 

X. r. J. It is irresrulnr ; hut aUlioucrh you i ihr same quiH^iion ; he then answetvd, '* Hm 
have otiiiitetl it. and come oni of time. I would ' nciiher did the one or the oihi r.*' In the afto^ 
have the w hole fact, and if my brothers please; ni««tn .Mr. Kvat and 1 went togtrther. be was 
:•! 1 ^j^^^^ .^ ^ ^1^^ state. serme«l rra»onabIe, and wm 

a^ked him, " i^r, \ou can give some acroqat 
of this matter, vouriwon and judgmenii 



wards the (ire- side. 

Mr. Strange, Do 3'ou know Mr. Lutterell f 

Lucas. Yes. 

Mr. Strange. Can you take upon you to say 
it was not Mr. Lutterell ? 

Lucas. Yes, I am sure it was not he. 

L. C. J. When you saw a lusty fat man take 
a pistol off from the window, and discharge it, 
was any body by him at that time ? 

Lucas. Nobody that I saw. 

L. C. J. What sort of man was Mr. Lutterdlf 

Lucas. He was a little roan. 

One of the Jury. Was tliere any light in 
that room to distinguish one man from ano« 
ther? 

L. C. J. What she said was, she saw a luity 
fat man come to the window, and take up a 
iiistol, and dischai^ it, and that she saw no- 
body else at the w indow. 

Mr. Hungerford. The coroner's inquest 
came into this room, and was satisfied, that 
from thence she might see into this window. 

Mr. afford the surgeon sworn. 

afford. On Tuesday the 17th of October 
last, about ten or eleven o'clock, 1 was sent for 
to a ircntleman, Mr. Lutterell : when I came 
to him, I found him sitting on a chair, and he 
leaned back with his shirt and clothes rery 
bloody ; Mr. Sparham was with him, in ordor 
tu look to his wound ; we put him to bed, we 
found a wound about an inch below the right 
pap, by gun or pistol iihot, and we dreasee it, 
iind all the other wounds we could find ; I went 
into the parlour, and there were the two priso« 
ners at tiie bar ; 1 was told one of them wai 
wounded ; u|Hin that I went to examine into it : 
upon cominir into the |tarlour 1 examined Tran- 
ter, and then' 1 found t%vn pieces of balls which 
were Iodised in his hand ; we extracted the 
bulls ; I found a small w nund in bis wrist, and 
a razure on his head ; that was a small woand 
w hirh was on the wrist ; it seemed to be from 
a prick, something that had entered the akin. 
Then I went to .Mr Lutiertll again, as he was 
in a !;t)od state of sense : I asked >lr. Lutterell, 
" W hetlitr he had tire«l a pistol ?'* I asked him 
several times ; he dt- nieil it a tins, second and 
thinl time, and he used this expression, " I caQ 
God to witness, i neither fired a pistol, nor 
drew mv sword, but was barbarouslf murder- 



we will hear it. 

Constance Lucas swore. 

Mrs.^ LiMM^ what do yea 



BIr. HuRgerfard. 
kwwrof^- -' - ^ 



atraog; 1 
ikei&toh 



I have heard thai yoa fetched dowa 



hetoUve,«*Uehad.biit 



A. D* 1725. 




he would not be 
toif^iog*/' 1 iiskeil biro, ** If 
u> i%eo:" be 8n|d, "Thej? 

Ill le lnntftm«fc, flitch in- 

U» jtfiikr iiue or iheni ; upon that 
Art wifiliif^lr Bcixcii htm, the luiit y uiun 
M*»t lifii vitl drcff his sword i he tumbled 
4iP«, tBii hm •U^ibcd bitn ; he often ^nej^i^ed 
Iktm In i|«rc him lite ; the other said, Dtimo 
litt%4i^ ya own Bword ond «tab him.'* nir. 
LiHttAiiiger aoJ thumb were cut^ as if it 
^mwdk^^wmpkxi^ of a Kwoni. Tben be iiaiil, 
**1W Mrr niAfi look a (li&tid aod clappi^d it 
dbrlihift fanaist^ sind shot him in tht^ Ijody, 
lovty axon h«!d the other pistol to his 
" * H off;** v^hicb I the ruber be- 
[hiumi be lud some ^lowder spots or 
t m liM f»ce. 

lie owned to you th&t he struck one 

Ye* ; bat tl was apoo your giving 

Wiieo yoa ftskcil him ibont brrng'- 
I tiie piston, and ttpoii wh&t accouotf 
be? 

019 ar! I T V^ed he brooffht dowu 
Imk ^^ litnteDt; but as he 

to p^j "i= .i^L4S, be was not wil- 
* oat of his lodjjuig, and be ex- 
Mr, B&nner twm-n. 

My lord, jo«it 115 Mr. Lutterell was 

' Oittie up HtAtrN, ftod linked hiiUf if 

■IIm p*t«tol ; he disowned it, aiid 

l»o design to dutbem any barm^ 

*mn^ u e^ but,'* BHid he, "llu'y 

:id cruelly." 

&wp«, Afier tUiit he hod declared to you 

hn km ba4 no design to make any resijtiiuce, 

*mi lio'iiDwrd f 

^^atr, Uhea I cameotitof the room f says 

.Giibrd l« loe, *' Mr. Bonner, Mr, Tranler 

\ \m tb# bJind ; it is cerifiin Mr, Lutterel) 

t hmm in thr band ; therdore lt?t nt ^rn buck 

l«ak him;'* we weot and a^kt-d biui both 

€m>^m4 h* •^if. ** Nm. ah ImhI slcnild judjtre 

,bf4i! tl of doing 

B Oil L I tbem aie- 

.'- Hi: «poke luwiiidly nnd ni^cfmed 

ami •frstntt ivp wuutd leare hifiK 

I*lr« notice that my nart* 

\m ih, ul. 

, lijr lord, 1 Uiivt lott the uteof my 

^'Uke the aurgeoo bwoto. 

Alj lonl, M- r *rr waa wounded 

' of ibe ». nod in his UiX 

-*» ^'" ' ^ !iil uottdce 

his head T 

I cane. 
ii or a iiruiHe ? 
kt0 WA« broke. Mr. 
i ktd m &ii4li> wiioiid ill ona of hia ^igera^ 



[it 

whicb seemed to ht done with the point of a 
sword. 

Thom<is Hargrove called again* 

L. C. J, Hark you, young mao, hear the 
qaeslioOf and coDstder well ; iipcm your former 
examination you K!iy» wheu Trunter knocked 
nt the door, you went down to let him iu ; that 
Tranter made up to the dining-room, and you 
followed bim ; you heard a Uttle buKtIe befonc 
yim came in ; but the first thing you saw, 
when you came, was Tranter runnmg your 
m:i^ter agiiinst the cloiiet door^ and Reasioa 
pricking him wilh a sword: I ask you thi* 
rjue^itiou, wlietbi-r or no, when you was going 
u|) stairs after Tranter, before you entered the 
room, you did niit hear a blow r 

Hargrtive, 1 beard a blow, but did not know 
who struck it. 

Just. Etfre. Did you see to whom the blow 
was given ? 

Harerave, No, J saw nothing at all of it. 

L, C. J: The reason of my calling bira again, 
was to be ^^atisified as to this particular j lor the 
coroner inrorms me, that betore him, he bad 
stTore to the ^ame effect ; be answered hastily 
before, but 1 bcliefe not with any design ; he 
said hf did nut ht^ar any blow, his nieaniog 
then might be, though he did hear a blow, yet 
not seeing who t;ave it, tlierefore he thought it 
not material ; f did not heUe? e he did it with 
any dt^sign. 

L C. X Have you any other witnesses? 

Rtaton. My lord, we had none hut ourselreSp 
we are officers of the Court -, lie assaulted us, 
and hnjught down his pistols and slock theQUO 
his bosom. 

L C. X Did he not afler wards take them 
out and lay them on the table ? 

ReaiOH, No, my lord. 

Tranter, While J was gone, I did not kno%r 
whfit bapi^ened, hiit vthen I came back, the mi- 
nute I entered the room be struck me over the 
head with his cane, and the pistol weatoff", and 
shot me in the haud« 

The clothes were protluced, and by the hole 

in the waistcoat it appeared ^ that the wound 
{fiven by the pifitol uuder the right pap could 
oo way happen by any position of the pi>»tots in 
thel>u4iomof the deceased, by the pistol going 
off of itself. 

Reason, My lord, we are officers of the 
Court, and what we did was for our own ae* 
curity. 

L, C\ X What says Tranter P 

2\an(€r, My lord, we have no more to lay* 

Mr. Reeve. My lord, I beg leate to observe 
a few thitigg by w;«y of reply. They have en- 
dtriif oured to differ the case with respect to 
three (»articulars ; the first jwrtii-ular is with 
relation to the blow girt* n by Mr. Lutterelt i 
they siy Mr. Lulterell himscif being pressed 
f€ry much^ did own that he had gikcn owe of 
the badilTs a blow on the head ; there appeara 
Ueaion Iu think that to bo true, because the 
surgeon says be dreaaed him of a wotiad re* 



I 



A3] S GEORGE I. Trial of Hugh Reason and Robert Tranter, [44 

X. C. /. Is ill languafj^e a justification for 
Mows? Besides vou will riiusifler, whether 
there was not ill ianf^iiage on the other siJe. 

Mr. Hungetford. Mv lord, I will not take up 
much of your lordshipVs time, if your lordship 
will spare nne a word or two. Here is a man'f 
life taken away by two persons, that bad a 
precept from a court of justice to arrest, the 
only ihiug thev bad to do, was to secure tha 
person, to make him answerable to jastioe. 
whether that could not be done without this 
outrage ? Whether officers of justice may exe- 
cute their process with so much cruelty P It 
amounts to as great premeditated malice as cao 
be conceived. There is a malice contained in 
cruelty; I need not mention the matter; k 
hath Deen fully laid before you ; I shall only 
mention a precedent or two ; one is that of 
Holloway's case:* There was something of a 
provocation ; but the judge there in that caei 
did enter into the fact, whether the provecatioo 
was sufficient to justify the killing of the bojr. 
The boy was stealing wood in his park, and bad 
a rope about his middle, and as he was up in a 
tree, he bid him come down out of the tree, and 
he took hold of the rope and dragged him so, 
that he was killed ; and this was not a fufll- 
cient provocation. Another case is that of 



eeived by a Mow with a cane ; we submit it, 
whether that is a sufficient justification of the 
officers for what followed, to kill Mr. Liitterell 
in this manner, supposiiig it to be true. What 
the boy says, he saw a&rwards, immediately 
upon his coming into the room, in an instant, 
as soon as he heard the blow, he found Mr. 
Tranter running him up against the wainscot, 
and th'e other bailiff stabbing him ; he swears 
Mr. Luttercll had then no sword or stick in his 
hand, so that whether or no, after the bailiffhad 
received a blow on his head, it will be a justi- 
fication sufficient for the bailiffs to murder 
himP Another part of the evidence is in re- 
lation to the bringing down of the pistols ; I 
beg leave to observe, my lord, he did confess 
that the pistols were brought down, but not 
with au mtention to do them any prejudice; 
that he laid them on the table; they ao not pre- 
tend Mr. Lutterell fired either of them, but in 
the struQfgle, the pistols were in his breast, and 
there they went off of themselves. One 
wounded the prisoner, the other went into his 
own breast. As to what is said with relation to 
the intention of Mr. Lutterell, he did own he did 
threaten them : If he did, yet he had no power 
over the pistols, one was on the table, and the 
other was in the window, and they say the 
pistols were not fired by any of them: Our 
witness, the maid-servant, just a little before 
the pistols were fired off, saw Mr. Lutterell on 
the ground ufion his back, and his hands lifled 
up, and them stabbing him, and this before any 
one of the pistols went off; there is another wit • 
ness swears expressly, she saw a fat man take 
a pistol out of the wmdow, and fire it towards 
the chimney : Mr. Lutterell was not a fat man, 
f it must be somebody else that fired the pistol, 
and not Mr. Lutterel^ in all probability. It 
was Mr. Reason, as to the evidence jg;iven in 
relation to the clothes, because here is a hole 
in the waistcoat, the pistol that was in his breast 
must go off of itself, and make that hole. It 
can be no such thing, the jury has seen the 
clothes, and where the wound is given, and in 
what position Mr. Reiison himself bath at- 
tempted to place the pistols, and it is impossible 
the pistols should ^o off, and give that mortal 
wound. We submit it to your lordship's dis- 
cretion upon the whole, whether it is a suffi- 
cient justification, though they are officers of 
justice, and ought to be protected, yet suppose 
fuch a misbehaviour where there is no ne- 
cessity for it, they are not to be justified. 

L. C,J» There will be two |>oints in law; 
the one is, whether the officers are to be jus- 
tified in what they have doneP If they have 
done nothing but what was proper to secure 
their prisoner, and their own lives when they 
were assaulted, they are not guilty of fekmy ; 
and if they are guilty of felony, then of what 
degree, whether of murderer roanslatighter. 

Mr. Reev€, My lord, we must ftibmit it, 
whether a man amking another over the bead 
U a jnatiOcatMNi lor bim immediately to kill 
himumai take it with thii 




and then turned him out ofthe room ; and thera 
the turning him out ofthe room was not a snf* 
ficient provocation, and it is a very justobeer^ 
ration of my lord chief justice Holt ; whea 
cases are attended with so much cruelty and 
barbarity ^as appears to be here, here are nwm 
wounds, eight besides that with the pistol oB 
the same person, and certainly two lusty men 
as the prisoners at the bar are, might ha? • 
made him answerable to justice without an/ 
such barbarous treatment). The observation 
my lord chief justice Holt made, is, that dio 
law should be so construed. As to the businean 
of the clothes, it seemed to be absurd that tlM 
pistol went off, and made that wound on thn 
right side ; by no poidtion he could put the 
pistols in, could their going off maJte that 
wound. 

Mr. Strange. My lord, I would only oboervw 
two or three things. If Mr. Lutterell, at the 
time they assaulted him with a sword, had held 
his pistols in bis hand, and their own lives had 
been in danger, the case had been difierent: 
but when he had put the pistols out of hin 
hand, and they were between him and Um 
pistols, so that it was impossible for him to &n 
them any such harm (for I do admit if it w^ 
in Mr. Lutterell's power at that time, and he 
bail shewed an intention, that if they did not 
kill him, he would kill them, that might bH 



^CrokeCharles,131 
108. 



Pahn.545. iJooo^ ^ 

t^Reilyng's Reporta. 119. Holt484. GMI^ 
in this CoUection at the end of the IVialif -V 
CanMgie|A.o.nsa. ^^ 



t^ Jbr ihe Murder of Edward LuHereli^ esq* 





my 



of a juBilificauIon), they mre tbe leis 

m '*-"-7 --liU lliejf did. As lo ihe 

isiiMs fina^ofifaemsekes, 

v^im ..i :i; i>Qlter#ir« bo«omt and so 

Mikh wiiood. il teems to he ttnpo9»ible it 
lff«n. auil iliat lhi!( num be a wound 
n y at lurn. 
you bitve reail that ca^e 

t ruber, lliere a blow 15 11 
jUiU j1 a Wow be first given, il will 

« ihotigU draib do ensue upon i(. 

G«iitl4inien (>t itie jtiry, the prisouers 

'« Qo^li li«sson and ICobert Ti anter, 

kf liic cofoner*» inquest, and by 

With tlie ttiurder of Mr. Lui- 

; fSmj 9uy ihey sre do! guiUy of ibis 

«kAs; Add uUetber they sire g'uiUy or not 

M rmr btioita* 10 eoquire, and reeei?e satisfuc- 

l« ^ la uiiier lo prove them E^uilty, tbcy 

aeveird witnesses for the king^. 

Tbciftisii lIur^THve, who it seems 

• sTTSAl U) Mr. Lutierell; he tells you, 

. TocadAj^t ^u^ b^ <^^^^ n^^ remeiuber 

^mJi, «r fbe dny nf the month, but it 

iiMs mi. frotta ' 1 ivitnesses, that it 

iv 1^ ITib dny r, ho says his master 

•» f«mc dtjwn 1 J ilkv i^ aier-side in order to 

H^k^ fvr a M ems be lodged in Surry-street, 

4 httle man ran after bim, and 

tm the bnrk. He did not then 

t7ixt now invs bis uatoe is Tranter ; 

•%ikis tuact^r toUf Imn, he would pay the 

Be did t^^*» • ■- tfir etidence he gave, 

Aw did r< r that he desired 

^fvitnht:.. <>t Sk'' desired them 

\P ^nS him to r. But the 

lkr>u^*l»', thf4 • isonable; then 

U bi savf, ihut with much pciiuasion , 

iM tvitli rtvTv In rurry him hack to 

;r8 did carry 

l«f he says, his 

Mf^kUuii, hv t\., 1 ; when 

fftsira his oiOi-t. d of the 

WMM with hmi, UiL IdL man, which 

(for TmatLT \«raii ^^uUf to ifct a bill of 

th# ilfAfm' ' !rd of the 

t !tew him 

said. Ill i<iMiv nu: warrant in 

wmnim tlirn^ it oti the ground, 

> ^^,1 *sr„..vM<ti, he should 



J' 


U it, fletelts 


11 


ly knocked at 




•1 n to open the 




r, find he rau 


i^> 


^•'d him. 


W* 


ji J before 




at, he itid hear the 




♦'fly fhf* Jad giving 


ES 


Hidvring, 


IfL' 


; but on 


In 


heard a 


■ W 


ng-room. 


Vbtn I 


ig*niotn, 


mdgwt 


aod was 


- I...,. . 


, — ; , .^ T.iM^iov, and that 




»«r»rd drawn and wis striking 




D, 1729. 



at him with his ivdord ; and he says, tm he was 

preparing himself to make anotlier thrust, Im 
look hold of tiis sword -arm, and prevented that^ 
aod Heason with some passion ssidi *^ Damn 
you, get you out of the roam, or ebe you shall 
die before your master," With that the boj 
went out of the room, and went donu stairs 
aod cried out fire and murder, iu order to atarm 
the neighbourhood ; be tells you while he was 
there he heard a pistol go off, and btixit^i lt% 
could ?et up stairs he heard another pistol go 
off; this is the evidence given by Margrave. 
They have called another witness, Hester 
Gerrard ; she says she heard her master ga 
out in the morning, and a little time after 
she heard him return a^ain, and there came 
with him Reason one ot the prisoners at th» 
bar. ObscrvtDg this, that her roaster came ia 
so short a time after he went out, she bad 
the curiosity to hearken what the meaning 
or occasion of her master^s retarnlng so soon 
was ; she says she heard her master talking 
of an arrest, and he seemed to be in a passion 
with the bailiff that was with him, and said 
he had not used him well, but ilTf>nfd \i%vm 
giTen him notice before he an 'r« 

street ; she says, slii withdrtv ,^ 

her mistresses bed«ehamfaer, which \«eie near 
the room where they were, and in a little time 
she beard her master go tt[vjiiair8| aod in a 
short time afler return a^ain; with that, sh« 
had the curiosity to go in, and sec what was 
llie matter ; her mistress being big with isliild 
she was therefore more curious than oriltnary 

10 prevent the misfortune falling on her mis- 
tress ; she found her master Vith two ptuiule 
in his hand, he stuck one of the pistoN on one 
side, and the other on the other siJe iu his coat j 
she says, she admonished her master, and de< 
sired him to consider the condition of her mis- 
tress, and not to do any thing to fright her; 
up<m tlmt be said the bailiffs had affronted him, 
and abused him, and called him M inter, how« 
ever he did not design to do them any harm 
with the pistols, and her master, at her desire, 
laid down the pistols on the table ; with that 
she went out of the room ; but soon aAer hear- 
ing a great noise she came into the room again^ 
aofl found her master on his brick on the floor» 
and the bailiffs stabbing him : she says she 
went out with an intent to give notice of it to the 

11 ci^^h hour hood, and that she cried out murder; 
that while she wu^ doing this, she heard otie 
pistol go off» and presently after another; bat 
before either went off, she saw her master lying 
upon his back, and the prisoner at the bar (point* 
ing at him) stabbing him. Then they call 
lljomas Waters, a wateruiao, he was standing 
by the water-side, and seeing Mr, LultereU 
coining down, who was one that usually em- 
ployed him, he expected a fare from him, and 
that he should carry him, as he n«ually did; 
he saw Mr. LuttereU make back again and go 
into his own lodging ; but still he said he ex* 
pectcd his master lo come down, and go by 
water ; but be not coming in so short a tiiae •» 
be expected, he made towards Uts Mpjm% 



47] 



8 GEORGE I. Trial nflJufrh Reason and Robert Tranter, [43 



and u he came near be heard the boy cry, Fire 
and murder : lie went up into the room, where 
he found Air. Lutterell lying in the room 
wounded, all in blood. The next witnests is Mr. 
Peters, who is a reverend divine, and came to 
do his office and duty on this melanclioly occa- 
sion : be hearing Mr. Lutterell was wounded, 
and in danger of dying, came to him to perform 
his office on that occasion : he says, tbat lie 
requested and admonished him to tell him, if 
he was not accessary to his own misfortune, 
and that it may be, if it was not discovered 
whilst he was living, it might be the occasion 
of an innocent person's suffering. When be 
admonished him to tell the truth, he did with 
the most solemn asseveration, as he was to 
answer at the dreadful day of judgment, say, 
^* That he was barbarously murdered ;" but 
did not you give any provocation or occasion 
for it ? «• No, I gave none." With that, says 
he, I told him I understood one of the bailiffs 
was wounded with a pistol ; did not you dis- 
charge either of the pistols ? '* No, upon the 
word of a dying man, and as he was to answer 



might sufler. He still insisted, « That he was 
barbarously munhired," und said, ** that every 
article of wliat he had said was true." Ue said 
to him further, *^ before you receive the holy sa- 
crament, and as you are going before God, 
and there hope to have reinis^iion of your 
sius, it is necessary for you to forgive even 
your enemies;" and witli tbat says he, he told 
me, " He did heartily forgive all the world, 
and did forgive the persons that had been guilty 
of ibis indiscretion, and hoped God Almighty 
would forgive tbeui :" he gives it a soft term 
there, their indiscretion. Indeed I should have 
been very glad if the examination that was re- 
duced into writing was here, that it might be 
laid before you. Mr. Peters is a very worthy 
person, there is no reason to doubt ; but he 
swears upon his memory, and when a man 
swears upon his memory, he may mistakCi 
and the mistake of a few words rouy aUyr.the 
sense ; therefore it. was very proper to have 
had the examination here ; that miuiit possibly 
have corrected his memory ; and though he 



hath shewed himself a man of great probity 
it to AlmigHty God, he never discharged either j and worth, yet he might be mistaken in some \t 
ef the pistols, nor did he run his sword at . particular; and it seems strange, that of two ■ 
Ihtfiii, drew his swonl at them, or give. them 'justices of peace the one appears, and the ^^ 
any provocation." The minister says, he ad- ; other, Mr. Vernon, with whom the exnmina- ;- 
▼isedbim to be very serious, and examined him : tion is let), doth not appear, nor any endea- rr 
as to the fact, and said it would be of very I vours used to have him here ; and therefore it ?_ 
dangerous consequence, if he should die with | must be taken as an objection, not as to hie r 
any falsity in a case of this nature, and it \ veracit}^ but that the prosecutor hath not pro- r 
would draw present ruin on innocent persons ; : duccd the evidence that is proper, and only ^ 
he said, " He never drew his sword, nor dis- { relies on the memory of the witnesses, and tbn .. 
charged eitlier of the pistols, but was barba- j seems to.affect the e\ideucc that is given by i-^ 
rously murdered.*' Mr. Peters then went away, ' Mr. Peters. They ha\ c called another witnetiv (-- 
and a little time after came again, when Mr. ; whom they called at last after they had closed ; ^ 
Vernon and Mr. Hayncs, two justices of the • their evidence ; she lived in an house over j^ 

E»ce, came to take an examination from Mr. { against Mr. Luttereli*s lodgings ; she was in a •._ 
utterell himself; he says he was present at ' chamber two pair of stairs, and she saw a lusty >^ 
that time, that because they had no clerk with ' fat man come to the window, take up a pistoia ^■ 
them, he was desireil to take an (account in ! and as she thought discharged the putol ; and » 
writing of what was said ; he pressed him as j she saw no other person but this man, and-. _ 
formerly, and having taken an account in wri- therefore concluded the fat man (ired the Z 

uistol : this is the evidence given for the king*. 



ting, that ought to be produced, but it is not 
produceti, and therefore no regard is to be had 
to it, for a {lerson is to give the best evidence 
tlie thint; is cap«ib1e of, especially where a 
person's life is concerned, and he of his own 
ahewing, says, it was taken in writing, and that 
writing is not produced, and no account is 
given that they arc disabled to produce it, but 
the justice of the peace tbat hath it is out of 
the way ; and it doth not appear, that pro])er 
endeavours have been taken to have him here, 
tbat this examination might appear more per- 
fect than the former. He tells you afterwards 



The prisoners are asked what they have to say , . 
for themselves, in answer to this charge, » hica ^ 
seems to be a weighty one given against them : ^ 
they tell you they are ministers ol justice, and ^ 
they give you an account, not only by ilieir ^ 
own opening, but by the evidence Uiey ha?e ^ 
produced, in what manner they behaved them- ' ' 
selves ; that upon the first arrest, at the reoueat T* 
of the prisoner that theu was, they submittad ^ 
to carry him hack to his own lodging : 1 mmt Z^ 
confess this doth seem to make some imprea- ^^ 
it is what bailiffs are not hound to do^ " ' 



became to him a third time, and the end of his . they are usually rough, nud not easy to be ui« 

tfwtminop o fliinl litiiA ■a.-ua in !tflA\Aniek Kitn iK'illi tmnldil iiii1a<»a uroll n:iiil Tur if • f\%i%t stinHPa 



coming a third time was to admonish him with 
respect to his fate in the other world, and at 
that time he desired to take the sacrament 



treated, unless well paid fur it; this ahewa,J 



I that these men wentbtyond the bounds of their 
»ua» uuic uc iimicu w tana tiic naui«iiit.iih ^ • owu duty ; for VI licu they had arrested him, ^ 
he told him what was necessary, thai he might ; they ought to hu\e securetl him by carrying ^ 
take the aacrament worthdy, and that it was him to jail, or some place of safety ; it vat^ 

incumlieut on them to give him an opportunity 
of paying the money, or studing for bail, fat 



abofe all things that he should dis- 
conacience, and give a 
' what happened on this mehui' 



Ke desired to be discharged that way ;'bn(t.^ 
when a bailiff hatli arrested a man, to cangr^' 



«] 



Jar tht Murder of Edward LuUerellfeif, A. D. 1722. 



[50 



lis bftdr to Uis own lotlf tni^^ it an ud usual 

mmf «f trcttdng pnsnnerB, anti oug:Ue not to 

Wekara ; bat slill U is not to be impined to 

Ihf tuiiiffi, as an a^g^mrtitian io the charge, 

ikef mtwm loo fi^nurnble in tru^tiii^ him in 

lliiiMPni U>*\g%n^, What is next? When they 

W fciai there, Tratiter is sent Tor the altor* 

mnH Ml\. This iji (iretty extraordinary, \^h^D 

Imw kmd taken hi in, not nt\\y to ofive him 

luiat lo ICO la bU oirn Imlpng^, but one of 

Ikamfiiev iipooan ^nand, which Mr* Lutlerelt 

m^ bave sent tiic own servant upon, akid 

mm oot»e but Reason ; tbis was extreme 

<iid mm^f and not ott^n done by mm of 

Jirr diarac'crr* Mliat then? Lutteretl ^oes 

spoaira. What did Reason then do? When 

isbad carried tirui to bis own lodging* And sent 

Hi pasuirr avray, be pves him leave to^o 

Mbiaotber ehaiitber ; ibi^ doih uol seem to 

^iltn^mtDerit of the deceased^ but shews ex- 

mm9 filfour lo ihtlr prisoner, whicb they 

mM not iQ slrictne«ti justify : lie went up 

flMiaikl rettimed Ri^ain, and the maid ?ierrant 

iCMr. L«ailrreU idlK yon, she s:iw htm mth a 

IMrof piacci)$^ one stuck on one m\e of his 

■1^ 9tlt4 the oiber on the other ; if their treat- 

ttaiwia so ejciraordinnry and civil, this seenis 

nil Mm timofrard return of Mr, Lutlereirs, 

•bat he vraa truKti*^! lo g-o out of the roimi, 

ftrld rHum with ;i case of tii$itols ; hul ihe 

ViM-a#r%aiiitaV8* besaid^ ** He had no malice 

l»»tf4ilJi«tiif and wouM not hurt a hair of 

fteir tteaiisy be only brought down the pistoU 

I heU|^ht not be imposed tipon." J do not 

Pl^hai he meant, when he was in custody 

roffieets, and bad been so civilly used, to 

ase of pistols to prevent his Iteiug 

seems an untoward return, and to 

bl the officers, that lhf*y mi*jtht not carry 

ray, Thtf is not nil/ Mr. Gitlbnl says, 

i l>cin$; a ^nrj^eon was called to give his 

on tbis very unhappy accident ; be 

y an account of the wounds, and Ihe dis* 

chat p«iF»sed on that occasion, and upon 

1 done, and how the bailiffs bad 

l^him* Says he, »* I confess," although 

I he hail examinetl, and asked biiu sc- 

hefore, and that be refused to give 

ant then, but did persist in tt, that he 

> any pr-o vocation, but at lest M'hen 

repeated it with some earnestness, 

t at last, '' That he did f^re one of 

.,_. I stroke on bis head with a stick/' 

li|pii oil, and asked bira the intent of bdnyf- 

i^luva the pistols; he says, '* I did not 

Ai^ any hami ; 1 have no malice^ but 

ihem down, that I might not l»e ilt 

' ihta waft ill behaviour, where he had 

civilly, to declare that he brought 

^Wlii pictols, that he niit;ht not be ill u^ : 
i^Mlha duty of the haili/Ts lo carry hitn off, 
~ lhalpeti|rht down his pistols tu prevent that ; 
II^iIn* hlow, says the bailiffitf the assault 
lasbtastde; the young man bath tnid 
y** le heard a blow given : Air. Luttcreil de- 
h» hi ought down the pistols to prevent 
franyln^ bim off* aad that ha did give 




one of the bailiflii a blow with a cane ; tl i^ 
surprizing, that immediateb when Tranter 
came back he c^bould run him agaiiiid the 
wninscot, and the other ti<%S3ult hi in with a 
sword ; this behnviour is not of a piece with 
the other, that Tranier fihoutd come bock, and 
without any prttvocatiivn run liim agaiuist the 
WiiH« and Reason should take hii« sword and 
stub him t there must be a provocation ; the 
boy says there was u blow given^ but he cannot 
tell who gave it* Mr» Lutterell declares he 
gave a blow, and another surgeon confirms it 3 
so that it appears be\ond contradiction, by the 
evidence, that Ihe pistols wei« bronglit down 
with a design to prevent his being carrieil oflV 
and that be did give one of the bailitfs a bloir 
wilh a stick : then Mr. Bonner bath given you 
an account of several matters * but that which 
is material is, that he dlti not discharge any of 
his pihtots, or draw bis sword ; that he did not 
iittend it, but did threaten it several times. 
One Blake, who %vas another witness, fiaygj 
that upon examination afterwards there ap- 
peared, that there had been a blow on tha 
head of Tranter. This is the nature of the 
evidence given on the side of the prisoners. 
Upon the whole matter, 1 think it is plain be- 
yond conlmdiction, that the prisoners at the 
bar did kill Mr. LutterclL !t i^ plain that first 
of all, when Tranter had him affainsl t!ie wall, 
that Reason slabbed bira, and when lying upon 
the door, that Reason stabbed him ; and it ap« 
pears afterwards by the evidence of the wit- 
ness, who smyn she saw the fat man take up 
the nistol mi4 discharge il* that Reason shot 
oflfthe pistol * so that 1 think there can be no 
doubt at all, but Ihe prisoners at the bar did 
give these wounds, of whicb he died* The 
surgeons give an account, and f think there 
are some eight or nine wounds wilh a swordp 
one of them only mortal ; a wound with a 
bullet that is mortal ; seperal other wounds he 
speaks of, thai are but slight. Then the ques- 
tion will be,, whether upon this evidence the 
detisndants are guilty of felony, and if guilty, 
then tu what degree, whether of murder or 
manslaughter ? Gentlemen^ it bath been opened 
Iru/y, that the bailifls are ministers of Justice^i^ 

♦ ** Bailiffs, or sherifJii' officers^ arc either 
bailiffs of hundreds, or special bnililTV ; bai« 
Ufl's of hundreds are officer* appoiotLMi ovt-r 
those respective districts by the sheriffs^ to col- 
lect fines therein ; to summon juries ; to attend 
the judges and justices at the assizes, and 
<)aarter sessions; and als«to execute wtits and 
process in the several hundreds. But, m these 
are generally plain men, and not Iborouglily' 
skilful in this latter part of their office, thttt uf 
serving writs, and making arrests and execa^ 
lions, it is now usual to join sped si bailttft 
with them ; who ore generally mean persont 
employed by the sheriffs, otf account only of 
their adroitness and dexterity in hunting and 
seizing their prey. The tsheriff beirtg an- 
awentbte for the misdemeanors of these bailiffs, 
they ara iberefore usually bound in ao obli- 

£ 



4 



I 



"] 



8 GEORGE I. Trial of Hugh Reason and Robert Tranier. [St 



tfaey are armed with the authority of law, and 
those who retiat a bailiff in the execution of 
his office, resist the law. They are not bound 
to gife way and let their prisoner escape, but 
they being to execute their warrant, if in doing 
what is necessary for this puqiose, for obuin- 
ing their prisoner, and the security of their 
own persons, death doth ensue, the bailiffs, 
hafing the authority of the law on their side, 
it is not so much as felony ; and it is very ne- 
cessary it shonld be so, for without it all our 
properties would be precarious. When any 
man offers an injury to auother, there is no 
remedy but by briogiag an action at law, and 
in order to bring t^ parson to do justice a 
proper officer must be employed ; and tliere- 
fore it is highly reasonable that bailiffs should 
have an authority to carry off the persons 
they have arrestetl, and if in doing of it deatl) 
ensues, the party must thank himself. That 
being the question, I would recommend to 
your consideration these circumstances; it 
appears in the beginning, that the bailiffs 
treated Mr. Lutterell with all civility, gave 
him leave tQ go to his lodging ; one of th^m 
sends his ooropaniou away, and gives him 
leave to go up stairs ; but although they 
did do that, that will not justify them for be- 
ing guilty of any barbarity, without any jnst 
occasion offered ; therefore you are to consider 
what happened afterwards: It appears Mr.' 
Lutterell brought down the pistols, he dtd do 
this to prevent his being carried off*: that is, to 
prevent the bailiffs from carrymg him from his 
MMlffiogs* which was their duty to do in case 
the money was not paid, or bail ^ven in ; and 
if io, this IS good introductory evidence to that, 
which they ofi*er to prove, namely, that he en- 
deavoured to rescue himself: He says, he did 
not dischaige either of the pistols, or draw his 
flword u|)on them ; that he did not intend to do 
any mischief, but he threatened them ; then 
see how this is when taken together : Here is 
Mr. Lutterell und«^ an arrest, fetches down 
his pistols with an intent to prevent his being 
carried oflf* ; I doubt his threatening must have 
reference, that be threatened to discharge his 
pistols, or draw his sword upon them ; then 
when his pistols are brought down with that 
tntent, when he threatens what use he would 



gation for the due execution of iheir office, 
and thence are called bound bailiflSi ; which 
the common people have cnrrupled into a much 
more homely aopellatiun." Bl. Comm. b. 1, 
ch. 9, (vol. 1, p' 345.) 

I suspect that in this passage the ingenuity of 
the learned commentator has misled him into an 
erroneous refinement concerning the ' homely 
appellation -,* which, I conjecture, was origi- 
oaily the name given to the bailiff's under- 
ling (or * iblloweP as he is still called), whose 
office it was to * follow' the party arrested, 
and, if necessary, to assist from behind in 
forcing him forward. In France thia per- 
sonage 11 (at leaat waa) styM * povMB-our, 
ud, IbeluTi^ ctnMagaM. . . 



make of his pistols or sword, what is done af- 
terwards ? Mr. Lutterell gives one of the bai- 
liffs a bk>w with his cane ; it is proved unde- 
niably that there was a blow given, that ia prov- 
ed by the boy, that the blow was given by BIr. 
Lutterell ; that a|ipears by what he owned 
himself. Then consider, here are pistols 
brought down with a design to make op|K)si- 
tion ; that he threatened them, and not only so, 
hut gave one of them a blow with his cane ; 
what is the consequence? Tranter runs him^ 
against the wall, and Reason stabs him: If 
this were all that waa in the case, when pistols 
are brought down, and threatenings used, and 
a blow given, the officers are not to stand still 
till they are murdered, nor could they tell what 
Mr. Lutterells intention was : As he had made 
an appearance of resistance, and had made an 
assault, you are to consider whether this was 
not A necessary defence of the officers lo se- 
cure their prisoner. It is of no weight what 
Mr. Latterell said, that he intended to do them 
no harm ; if he made an appearance of re- 
sistance, and actually assaulted them, the ques- 
tion is, %vli(itlier the bailiffs, in this case, ars 
not jusUiitd in what they have done ? Yon 
will consider their circumslanoes. The maid 
tells you, when the pl^ls were brought down* 
at her persuasion her master laid them on the 
table; so one would think that nas an indi- 
cation that no ill use was intended to be made 
of them : It doth not appear whether one or 
both were in the reach of Mr. Lutterell. Then 
it appears, that notwithstanding the running 
him against the wall, he had in some msaaurs 
rescued himself from that force, and tbert 
was a struggling, and throwing down, which 
sliews tliis roan was not so in the power of tht 
bailiffs, so as they could be secure of preserving 
their prisoner, or their own lives. It must bs 
left to your consideration, whether thers was 
any design of Mr. Lutterell to rescue himself; 
but if you think they had a just provoeationy 
and tbey had reason to be apprehensive of los- 
ing their prisoner, the law does allow them to 
do what is necessary for their own security, 
and the security of their prisoner. This is 
what I recommend to your consideration, whe- 
ther or no it appears to you that this was done 
out of heat, and out of a passion by the bailiflk, 
when there was no just cause for them to sp- 
|)rehend the prisoner's being rescued ; if yoa 
oelieve that, then the prisoners will be guilty of 
felony : But if you believe there was just oc- 
casion for the prisoners to be apprehensivothcy 
were in danger of their lives, and of kisiDg 
their prisoner, then whatever is done in their 
own defence to secure their prisoner, and thelc 
own lives, it will not be felony. I must boo« 
fessit looks barbarous to think, that when a 
man was in his blood on I he ground, tbey 
should follow their bkiws, giving him mora 
wonnds; this is carrying the thing a great , 
way, and it kraks like some barbarity ; bat if • 
Mr. Lutterell gave the first occasion, whaiefer . 
happeMdafWr,ifdonefurtheaecnri^^«f4lMir . 
owB lives, and of their priasner, will.^Mefce '£ 



f 



iSJ Tnmi ^J^n Woodburne and Arundel Coke. A. D. 1722. 




iMBfttilty of feSiciy ; Nit Mopposi* ) ou stioulil ht 
Wifniiiiuo llialiheliMli^ have done more than 
^ Mold, ibm tlie pexi Ihtn^ to consider is in 
ilat4w^i^ fk,.*. «^.. .*...fiy : It appears a blow 
▼•r 'boy, before ii* rjifne 

f ••t , ^ ,! : , Mr* Ltuicrell ihai Itc 

^n* ill* Mhw ; Oenttfrnen. I Ho not knovt, 
«lif boomir an; i«r>{ loju^tiiy tlirmsdves by 
tifw^ macy Ufifsua^e in gtvpn them^ ami 
AcnAat 1 aen to be my own iivenifer ; ftlr. 
Iflili^fmre OOP ai ihem n blow oviri ihe head, 
iibvfnAi f be rr*<t fVl) nut n«t you bave b^uni. 
TbyiwtKwa I i>«r it be mimler? Il 

wm^ 6tMk9 14 y, and wiiboui provo- 

Mflu flvr ri«« 1 1 IS iioi murder : Blows bftve 
ml lowed to b« prorocationSt and 









»o, 



t«ith fetcbing down 
trie hailiHs ubat be 

-• i'lir one of Ibeoi a 

Lits will not be 

'"•rtshiig-hler : 

rue nulho- 

■ yoii rnu'^t 



m;^ 



M«irq«Fft|«ie ibr baitilfs on a lew nng^ry worda 
^■■^Iflv to lall into ■ paKsiotit aud take 
l«iy t^ liVv of A man. Here it a^ipears, that 
wji^ U?»m uiiiier untoward circum- 
mt' nliBit had been ibreateoed 

^ • dcsj , . ■ y eut hiK beiu^ carried off 

kt^fivii; Btid it It tH> nn^ the tnofltyou make 
• il v»ll b^ tuanalaiiifbtcr. 
Hivv ilid hch^i '' k^elTes civilly at Unit, 
^»et ttiiti l!< ni, which be threw 

^ md bi4 UivHi ^%ti»tf tbeir hack-i»ide with 
% Ast is ■ ftiatter uliich if this ^emlennth 
MmimtiSm^ in the mantier he liutii done, 
flWiMfie beep reiieti(e<liii its phice ; then two or 
^•t bSEs llif y are called rogues and ravcaU, 
mi fimM n^f lit prot^ke the bailies : I think 
tti flnlafifjjf btAsneu wai occasioned by too 



^reat ft lenity ol' the bailiffa in carr^'ini^ back 
tbetr prisoner to hia uwti lodging ; that was not 
Weil done ot iliKin, Hutvrvt^r, I iiiunil leavft 
it to ynwr coiisiderattoii, whether or no they 
are guilty ottelony, ami illhey l>e jfuihy of 
jV^jofiv tlu'.^ M> v%bat <leg"ree» w he iberol murder 
or tL iiiL'r. I (brijot one thmgr, the sur* 

geoh J J 1 I Hf that one of ibe huihHs h»d m 
wound in bis hand by a bullt-t, each of them 
had n wounit, ihmjgh it tloih not api^tar bow; 
all thin ia likewise to becousidned: yun will 
couiiidcr the whole^ and give your venlict aC' 
cordinfjfly. 

Reason, as hath been proved, said, he ho|ied 
lie would give him cit lliiy money ; he aaid be 
would ^ivi' nothmt; lo anoh rnguea aa they 
were, for they hiul given hirii no notice, but 
had arrested him in the atrtet ; that is the 
threat ^ound of coroidaint, and at tlu*i the of- 
iience is tHkeu ; they did not gi%e him due no« 
tice, therefore it was not civilly done, which if 
ilicy bad done^ and it had come before us, w# 
iliould have punished with great aeirerity. 

Upon this the Jury withdrew, and af\er itay- 
in^ out about an hour, brouj^ht ihem bolb in 
Guilty of Mai»slaii^hler; ilpori which they 
prayed the beuelit of tlie clergy, and were im* 
mediately burnt iu Iht^ hand. 

From sir James Burrrow^s Report of John 
Taylor's Case, it a|i|ie»irs tlml the uentence of 
burning in the hand ttas executed upon Rea* 
son and Tranter behind the bar of the Court 
ot Kinvj's- bench. See 5 Burr. 270T. 

Tb«i tfxecmioij of capital convicts who are 
in custody of ibe Marshal of the KingV^etioh, 
is usually done at St, Thomas-a.Watenof^s in 
Hurrey. See 1 Strange 553 ; 4 Burr. S089, 
John Royce's Case. 



I6£. The Trial of John Woodbuene and Arundel Coke, esq. at 
Suflfolk Assizes, for Felony, in wilfully slitting the Nose of 
Edward Crispe, gcnt.^ 8 George L a. d. 1722. 



Ov tWftilav tlic JSib of March, 17 23, »t the 
msm Md al Bory 8t, Edmonds, in the 
«sty of Sollblk, Jolm Woodbume and Arun- 
MC«^ were irratgiied upon an Indictment 
%Hi iNf Ibe fraud |ury ; Aud the Court pro- 
mhimm: 

tkfk o/" lAr Armi^nmentt, John Wood- 
9»a, htm uf Uty band ; Arundrl Coke a^ias 
HbAt. b4d4 uf iky band. (IVbieb they seve- 

OffAd) 

laa 9am4 iodieiHl by the nsicnea ot John 

laie of the' borou^^h of Bury ^»t. 

i, lit Ibe cotifiiy of tiuttblk, labourer ; 

ktmiri Coke alifti Ceoke, of the borou^^h 

^hai ynu, after the 24th day 




of June, in the year of our Lord 1730, viz. the 
lir&t day of January in the dth year of our $o* 
verrip-n lord George, of Great Britain, ^. in* 
tcndiu;< one Edward Crispe, gent, then and yet 
fWing a subject of uur ^id sovereign lord the 
king, lo maim and disfigure at the borough 
afuretfuid, in the county aforc>aaid,by force and 
any a, <Vc, in and upon the said Edward Crispe, 
i» the pc^ace of God, and of our said sovereign 
Icird the king, then and there bring, on pur* 
poae, and of malice aforethought, aud by lyiofC 
10 wait, did unlawfully and telouiousdy make 
an assault* And tb&t you the said John WckmI- 
burno, with a certain bill value a penny, which 
you the said John then had and held* in your 
right hanil, tlie nose of the «nld Edward Cfispe, 
, and of your malice forethought* 
' in wait, did thcQ aud vUct« >mii» 



I 

i 



I 

i 



4 



55J 



8 GEORGE I. Trial ^Mn WeeHmme and Arundel Cole, [56 



lawfully and feloniou&ly slit, with an inteit by 
80 doing, tbe said Edurard Crispe to noaim and 
disfigure. And that you the said Arundel 
Coke, at tbe time of tbe felony aforeiiaid, bv 
tbe said John Woodburne in manner aforesaid, 
unlawfully and feloniously done and commit- 
ted, to wit, tiie said 6rst day of January, in 
the 8tb year aforesaid, at the borough afore- 
said, in the county aforesaid, on purpose, and 
4)f your malice forethought, and by lying in 
wuit, unlawfully and lelouiously was present, 
aiding and abetting the said Jonn Woodburne 
the felony aforesaid, in manner aforesaid, felo- 
niously to commit and do. And so the jury 
aforesaid, u|>on their oaths say, that you tM 
said John Woodburne anri Arundel Coke, the 
said fir>t day of January, in the 8th year'atbre- 
said, at the borough atbresaid, in the county 
aforesaid, by force and arms, &c. on purpose, 
and of your malice forethought, and by lying in 
Wait, the felony aforesaid, in manner aforesaid, 
did, and each of you did, commit and do 
against the peace of our sorereign lord the 
king, his crown and dignities, and also against 
the form of the statute in that case ma& and 
provided. 

The Latin copy of the Indtetmeot is M 

follows : 

DouiNus Rex s. Core et Woodburne. 

' Suffolk, ff . Jur* pro Dom' Rege super sacra- 
ment'suum pr8Psentant,quod Johan'Woodbume, 
Duper de Burgo de Bury Sancti Edraundi in 
com' Suft'Miob', et Arundel Coke, alias Cooke, 
Duper de Burgo prsed'. Arm', post 34 diem 
Jauii, anno l><iia* 1731, scil' 1 die Jsnuar*, 
anno regni Doin' Georgii nunc Retris Magnce 
Britan', &c. 8, machinantes quendam Edir' 
Cri!}|)e, Gen', adtunc et adhuc existen' subdit' 
dirti Horn' Regis nunc, mahemare et delbr- 
mare, a pud Burg' pred' in com' prscd', ?i et 
armis, ike. in et super pr»d' Edw' Crispe, in 
pace riei, et dicti Dom' Re^ adtunc et ibid' 
existen', ex propusito (An^Iice * on purpose') 
ac ex malitiis suis precojg^tat', et p«- insidias 
(Anglice * by lying in wait') illicite et telonice 
in«ult* fecer' Et quod prsed' Johan' Wood- 
burne cum quadam Secure (Anglice * a bill') 
falor' nn' deiiar', quam ipse idem Johan' in 
manu sua dextra adtunc et ibid' habuit et tenuit, 
nasum prsefat' Edw' Crispe ex nroposito ac ex 
malitia sua prsecoptat', et per insidias, adtunc 
et ibid' illicite et felonire fidit (Ansriice < did stif') 
cum intention' ad eund' Edward' Crispe iu fa- 
ciendo mtNlu nned' uiahemand' et derormand*. 
duodqiie proHl' Arundel, tempore felon' pnad', 
per iira'fat' Johan' Woodburne, moilo et forma 
pried', illicitoct fnlonioe commisa'et per|ietrat', 
scil' eod' 1 die Januar', rnno 8 tuprad', apnd 
Bun;' pnt:d' in com' pned' ex prnp<»sito ac ax 
roalitia sua prsccogitat', et \\er insidias, illicite 
ct Telonice fuit pnexens, auxiiians, et abettana 
prierhr Johan' Woodburne ad lelon' pr»d\ ia 
jbrma praMl', felonioe oominittend' et parpo- 
Irand'. £t sic Jnr* prml' dicant aapar aaor^ 
«MDt'' nnm pnnd*, fiiod pmd* Johiv' Wtii- 



bume, et Arondel, dido 1 die Januar', anno 8 
sttpradict', apud Burg' pned' in com' pned', yi 
et armis, &c. ex propositi ac ex nialitiia auia 
prsecogitat', et per insidias, felon' pned' in 
form' prsetl', illicite et telonice commiser' ct 
per|)etraver', et uterque eor' cominisii et perpe- 
travit, contra pacem dicti Dom' Regis nunc, 
coron' et digniiat' suas, necnon contra farm' 
Stat' iu bujusm' casu edit' el provis'. 

Clerk if th€ Arraigns. Haw sayest thao, 
John Woodburne? Art thou Goiltv of the 
felony whereof thou standest indicted, or Not 
Guilty ? 

Fritoner, Not Guilty. 

CL o/Arr. Culprit,'How wilt thou be tneAt 

Fritimer, By God and my country. 

67. ofArr. God send thee a good deli? eranat. 
How sayest thou, Arundel Coke alias Coukep 
art thou Guilty of the felony whereof thoa 
standest indicted,'or Not Guilty ? 

rriaoner. Not Guilty. 

Cl.vfArr, Culprit, How wilt thou be triad f 

Prisoner, By God and my country. 

Cl.qfArr. God send thee a good delitaii- 
ance. You John Woodburne, and Arundel 
Coke alias Cooke, the prisoners at the bar« 
hearken to what is said to you. Those good 
men that are now called and do here appear, 
are those that are to pass between our ao?»« 
reign lord the kint; and you, U|>on your aereral 
lif es or deaths ; if therefore you, or either of 
you, will challenge them or any of them, yoa 
must challenge them as they come to tbe book 
to be sworn, before they are sworn, and yo^ 
shall be beard. 

CI. of Arr, CTv&Ty gire the lKX»k to 

Thomas Buckingnam, George (/ross, 

Nicholas Alger, Samuel Bridge, 

Ambrose Gallant, Jonathan Clements, 

George Goddard, Thomas Tay jor, 

Robert Gall, Simon Reeve, 

William Scott, William May. 

CLofArr, Count these. 
Cryer, Are you all sworn, Gentlemen ? 
Jun/, Yes. 

CL of Arr. Make a Proclamation. 

Cryvr. O Yes ! If any of you can infom 

my k>rd the king's justice, tbe king's attumej 

or solicitor general, of any treason, murder, 

felony, or other misdemeanour committed fay 

the prisoners at the bar, or either of them, 

I come forth, an«l you shall l»e heard, for iha 

I prisoners at the Imr now stand upon their deli- 

j verance : And all persons bound by recogni* 

: Bsnce to uroiiecute them, or either of them, 

I come fortli and prosecute, or you will fbrfeife 

! your recognizHiK'es. 

CL of Arr. John W<M>dbume, and Arundel 
- Coke alias Cooke, hold up your hamla. Geo* ■ ' 
tiemen of the jnrv, lofdc upon tbe prkoneia^ s 
and hearken to their cliargai they aund \mtt «■ 
dieted by tlie nawu of John Waodbume, lal««f .itf 
tba borongb of Bury St. Edmonda, ia Iha 
flanqW ofSiiMk, JabMMr, and Anindal OalH 
■liM Coolw, aT tho boni«k«AnnidB «il»|i 



Jtir di^gurirtg Edward Crispe. 



A, D. 1722* 



[5S. 



Uir iBtliciment before- mrn> 

-'- " * '-^t ■'* rhey hnve been 
Not GtiiUy : 

lease }oui lardslirp, ami 

I irv, 1 niu of cotmsrl fiir 

15 at the Uar, ^'klio 

^ i t ?'>danil 53*1 Car, 

iif," jiiid tlie indictment 
, liiU iL^.^ |*«i90«}er6, the 1st day t»f Ja< 
wmf,mti%m 84b year of h» present majesty, 
Umy Sl EchnoOfiK in this county, did on pur- 
f«»«»l nf m&lior lc>r«-ltioy^lit, and by lying 
aw«,ai;k«! mn i»«»«tiU iinlftwfully and fdoni* 
«aif «f»o £iiw»nl Oris|>e, gent, and that the 
V«M,JttlMi W«Oflbunie, witb a bill which 
WteWd IB bis ri^ht hand, did ou purpO!>e| 
'm ffif«*tlHm§iii 4 11(1 liv lyifi; i» wait, 
■ie ^ the •!! 1 €ri&pe, with 

In •t^doitiir t' ^ '' the said Eil- 

an' prifoner, Arundel 

» limr ^ 1 11 an i; the said felo- 

iHn fare-thnug'ht, 

i»H I .iiily and felo- 

y aidiug and aL>ettjn(r the said 
true io coiiifnit (iic* said felony : aU 
to be (ione contrary to the form 
If wr i*ho arc connael for the 
i»t this matter, you will find ibem 



Ml 



it p1< 



re, ftir I J 
t id' kinc 



i^l 



your lordship, 

tnrv I am counsel t 

t the prisoners 

ri»n the statute 

one for mali- 

i;;i^ of Edward 

ti{* ihut tact, whiLti 

I tl»e tiaiiic otfrrice ; 

WiM» cunnst'l for the kin;^, 

flu* ii««j»ty, a« iht* fatbrr of his peo- 

Civ ibeir •alitiyi out of his natural 

luili K4n«fi i^Mcimmly pte:i»ed p^rti- 

I Ml f«x*f^ ^''<' |>i'i»«iecuiioci for lui Iti^rrid 

dy as isffaiistuattAn. And thotjj^h, 

VA, It M tUtHciiU tu stand in this place 

til* lC?rate«tt tetMlemeM lo our feiloiw- 

- -— -l-^*r- -fv^ » V" ijvi'sted Iheni- 

■ to he such ; 

, ^...^ . jir«»jde not to 

y9%£ ^ Rtt lai &« IS r<HiM)Mteut 

Tlii-ir tirosirntion is be- 

iittrf>rri d ; for«0 

► j«n*"T* "iM Itaw , iuTe, tlie 

^iw, mid Imt at the 

r n* the oit?, and ao 

ler. Weslmll 

r rrtinfiiiUrd, 

iut- 
>t ii, and 
Mr. Coke 
I whowaa 

rj^M) to 



sup at his house ; that Mr. Coke prepofltd 

him t'? ..*, nj>..r '■••iper to miiJce a visit to Mn 
Mui'^ !^ %te luention vi-itbaut afi| 

the kiL :„-!!.;...) to which IVlr. CrispecoD 
seDted ; that Mrs. IMonke^a house opens iut^l 
the church-yard^ ivhich \s but crosses the vra] 
from Mr. Coke's house ; that Mr Coke I 
Mr. Cntpealon^ with him aliout ten or elevo 
at flight, it berng;^ dark, into the chuich-yar^ 
anil walked him about near Mrs. Monkeys doof^ 
without ^oing ioi and then making «ome noise 
or t^hisiling, a person came up to him and 
knocked hmi down, aAer which he was uol 
seusible 3 tlrnl being lef\ tnr dead, after some 
time he ffot up, and returned, he did not know 
how, to ftir. Coke's house, %vhere the coiupanj 
received hi in fviih great consternation , as did 
**- Coke hiiiiaclf, who soon returned after 



Mr. 



walking out with Mr. Crispe, out of bteaUi, 
and called for a glass of wine ; and bting asked 
what was become of Mr, Crispei said he was 
stLimbling home in the daik. Tlit« we shall 
profe by Mr. Brown, another relatioo. \?e 
shall prove by Mr. Sturgeon, who was called aa 
his surgeon, Ihe condition of his wounds ; and 
by Carter, a blacksroilb, that Mr. Coke aliout 
the Friday before the fact was committed, sent 
for him, and asked (after a |itef ious discourse 
of Carter's poferty, and how be might li?« 
well in the world) it he would cut off ten mens* 
beads without remorse j whieb, when Carter 
Slid lie could not, It he would cut ofT one man'i 
head, and lay it before Coke ; which Carter re- 
fusing, [VI r. Coke bid him consider on it, and 
coiije {i{*ain ; then gave him a gla^s of brandy, 
and disuii«si*d bim, bidding him send Wood* 
buruc to him. We shall prove by one Moontt 
a ♦ailor, tliut Mr, Coke iiboui three years since 
solicited him to the like effrrt. We shall prove 
by VV iltel the coii!*t;ible, th^t afier Woodburne 
was liikcii up, he confeiiSed ihe fact, said he did 
it with a bediming- bill , and gave him directions 
where to tina it, and he found it nccordiuijrty ; 
wtiich W^oodbume, when shewed hirii, ackoow- 
ledged to be the same, and which we hare 
here to produce, We aliall prove by Mr. We» 
ilirrell tUe •(iKder, that Mr, Coke, since be wat 
iu hi^ custody, confess*^ the whole fact, and 
I lint Woodburne uas placed in a porch of an 
em|tty hf»use near Mr. Coke's, to come out oa 
a whi»<ile to do ihe fact ; and thfU he delivered 
Mr. CriMpe to Wooilbornc, and was pretieni 
v« lien the fact was committed. And after thtt 
evidmre, tlit;re ciio be no doubt, s^enilemen, 
but you wilt ttnd the prisoners at the bar Guilty 
of Ibis iuthctmeut, 

Hcrj. Brunihitmie. My h>rd, the defendants 
are indicted of felony , upon an act of parliament^ 
made 22 and *rA Car, S, by which net, if anj 
person or pcrftont on purpose, and of moliea 
fore- thought, and by lying-in* wait, shall un« 
lawl'ullv cut or disable the tongue, pot out the 
eye, slit the uose, &«'. with an intention in so 
i\m\^\o maim or diwfiM^ure ; the iterson or per- 
sons !»o ofri^odu»L'i their counswrllors, aiders and 
abettors, knowing thereof, are felons wtlbouv 
beacrfii of dergy . Tbr. iudtclntQiil c^«rg.«» V\h» 



59J 



8 G£ORGE L Trial of John Woodhume mid Arundel 



flefendants with feloaiouily making an assault 
on Mr. Criape ; that Woodbunie slit his no&e 
with a bill or book ; that Coke was aidiog^ and 
assistinip therein. We shall be able by un- 
doubted eridence to prove and make clear the 
charge of the indictment, aod e?ery particular 
thereof; as has been opened to vou, and that 
the manner of doine it was attended with such 
circumstances of iunumanity, baseness and yiI- 
lany, as no iostanoe can parallel. Mr. Crispe 
is brother-in-law to Mr. Coke, who on the 1st 
Oa^ of Januarjrlast, under the colour of friend- 
ship and affection, incites Mr. Crispe and fa- 
vtiiy to supper at Coke's house. Before this 
invitation he had agreed witli Woodburne for 
hire, to lie in wait od purpose to effect the de- 
signed mischief. When Woodburne was lying 
in wait. Coke came several times to him to en- 
courage him in his ?ile purpose. After supper, 
Mr. Coke, uumiodful of all the obligations of 
brotherly lore, of hospitality, and of the protec- 
tion due to Mr. Crispe, by false and rile arts 
and persuasions entices him into the church- 
yard, the pUce designed and agreed upon for 
the executioD of their wicked purposes. When 
he had got Mr. Crispe into this place, by sign 
he gave notice of it to Woodburne, who had 
followed at some distance ; aud then delivered 
bim into the possession of Woodburne, and was 
present at the striking several bkiws with the 
nook. By the nature of the instrument every 
blow must maim and disfigure ; and the btows 
being given by the order snd direction of Mr. 
Coke by Woodburne, Mr. Crispe*s nose was slit 
on purpose to maim and disfi^re by one lying 
in wait : which are all the circumstances re- 
nuired by the act of parliament to make them 
Guilty of the felony with which they are 
charged. Which several facts we shail call 
our witnesses to make out, and doubt not but 
the jury will find them Guilty. 

8erj. Selbf. We desire, in the first place, Mr. 
Edward Crispe himself may be sworn, (Which 
was done accordingly.) Mr. Crispe, give an 
account to my lord aud the jury of the whole 
natter. 

Criipt. On Kew Year's-day last I wasio- 
fited to sop at Mr. Coke's, and heing there, 
he proposed to me to go to Mrs. Fanny 
Monke'JL ^ 

X. C. /. (Sir Peter King.) Was this before 
or after suiiper ? 

Crispe. This was before supper : we supped 
about seven, and after supper about ten o'clock 
he called me out of his parlour, I followed 
bim ; we went into the church -yard : it v»as 
then very dark, the moon did not shine. lie 
took three or four turns before the house where 
Mrs. Monke dwelt, then he stood still and made 
Boise. 

X.C. /. What kind ofnoise did he make? 

Criwe. It was like a hallooing. 

X. C. J. Were you under any fear or aj^re- 
hanaion from that noise ? 

CriMpe. Yes, my lord, 1 was afraid, and made 
vp Inwards the wbU ; bat in a quarter of a mi- 



nute somebody came behind me, 
me down. 

X. C. J. Did you know then ' 
wasP— Cri^«. I did not 

X. C. J. Can you tell what W4 
afterwards? 

Critpe, My lord, I cannot, fo: 
I lost my senses for some time. 

X. C. J. How long was it befo 
returned ? 

Crispe. My lord, I cannot tell 
time I got up, and returned to M 

Serj. Sel^, In what conditio 
yourself.^ 

Crispe. 1 was ready to die an 
was found wery much wounded. 

Seij. Branthw. Did any sui 
you at Mr. Coke's? 

Crispe. Yes, Sir, Mr. Sturgeoi 

Xj C. J. After the person c 
knocked you down, did you lie 
say aiiTthiuf;? — Crispe. No, mj 

X. C. J. Can you tell whethe 
time, or what became of him ? 

Crispe. No, I cannot. 

X. 6. J. Was he there when 
was giwen^ — Crispe. Yes, he wai 

X. C. J. Will the prisoners as 
any questions ? 

Coke. Mr. Crispe, was I pres 
were knocked down ? 

Crispe. Yes, Sir. 

Coke. Do you remember that 

Crispe. Yes. 

Coke. How near was I to you 

Crispe. You were close by m 
knocked down. 

Seij. Selbjf. Call Mr. Brown a 
(Which was accordingly done.) 
are a relation of Mr. Coke's. 

Brown, Yes, Sir, 1 married li 
and he married Mr. Crispe's sist( 

Seij. Selby. Were you at Mr. 
last New-year'a-day at night? 

Brown. A dtiy or two before las 
day, I and my wife and dau^hte 
to sup with him, and accordingh 
came aboot six o'clock, and foi 
and Mr. Crispe drinking a glass < 
parlour before supper. 

Seij. Selby, Was there any ol 
with them ? . 

Broirn. No, the women were 
I sat down with them, and we 
the parlour till supper- time, 
was ready, we went up stairs, 
supper, between eight and nine, v 
down into the parlour again. So 
Coke went out of the room, a 
back aq[ain and save a call, oi 
Mr. Crispe, who followed him ou 

Serj. Selby. At what tinUe of ni 

firovii. After nine o'ck>ck at n 

Seij. Branthw. How long was 
Coke returned? 

Browji. He wat gone about te 
then retomed* 



Jhr disfiguriug Edward Crispe. 



A.D. 17Si. 



nmtAv. Was he id anydiiorder when 

He eeemed to be oot of breath, is if 
eo wftlkine faster than onlioary. 
rmmthm. How far distant is the church- 
*re this gentlewoman dwelt, from Mr. 

. The church-yard is about twice the 
i this shire- bouse from Mr. Coke's 

BralAv. What did Coke do when he 

* 

L Immediately he drank a ^lass of 

DC, and after he had sat some time, be 

of the room. I heard a noise op stairs, 

fiold my daughter was ill, I went up, 

Ktlle time came down again into the 

vfaere I found Mr. Coke. 

innthae. Did you ask him what was 

fMr. Crispe? 

L I did then ask him what was become 

rispe, and be told me that he believed 

sne home in the dark. In about two 

minates at\er. Air. Crispe came in. 

verjr much wounded and bloody. I 

irprtsed that I could not uke paiticular 

him. 

sAy. Bowlon^ was it from Crispe's 

t tn his coming in again ? 

u It was near'half an hour. 

J. 80 then Coke returned in about ten 

, and Crispe in near half an hour. 

k Yes, my lord. 

leAy. Did Mr. Coke see Mr. Crispe 

icame back to his house ? 

■. Yes. 

Seiiy. What did he say f 

«. Ue seemed to be in a great conster- 

Bf&y. Do you know of any estate that 
bit come to Mr. Coke atler Mr. Crispe's 

im. I cannot positively say it of my own 

^Jbiy. We will ask Mr. Crispe that 
pk Praj Mr. Crispe, would any estate 
gt by your death to Mr. Coke ? 
Ijl^lii case I had died, 100/. per annum 
if ■*« come to bis vi ife, as one of my 

t^l ' Hits you then no children, nor 

' Np, my lord ; my next of kin are 

■WiOneof which is Mr. Cuke's wife, 

i jbife Ifcn one of my heirs. 

3f. Ca11Mr.Sti]r(p;oii. (Who ap- 

'•••iworn.) What do you know 

llWi wouuding of Mr. Crfspc ? 

lij" * surpeon by profesaion ; and 

lB9.^ Jiuuary last at iii^ht, about 

1 1 wu sent for to Mr. Crispe at 

MR: When 1 came^ I found him 

^^Mled and cut, and in a very 

■1 and that he had lost a great 

1 namined his wounds : One 

lii right ear, divided the fleshy 

d M ended on his upper lip 



just under bis riffbt noitril ; the flesh was all 
divided, and the^w left naked. Another wound 
divided the right side of the nostril, and made 
an oblique cross over the wound, and ended 
near the right under-jaw. 

8erj. Seiby, Was his nose slit f 

Sturg. Yes, Sir, the nose was cut from 
without into the nostril ; the edge of the nose 
was not cut through, but there was a cut or 
slit in the nose that went through : I sewed it 
up : It was indeed but with one stitch : it is 
yet visible, and the nose was cut through. 

Serj. Selln/. Were there any other wounds f 

Sturg, There was another deep wound under 
his chin, that reached from one jaw to the 
other. There was another wound, which began 
at his chin, crossed the left under-jaw, and 
tended towards his ear. There was also a 
small wound on his left cheek, another on his 
upper lip, and another on his lefl temple. 

Herj. Selby. How many wounds had be in all P 

Sturg, Seven. 

Herj. Selby, Do you think there were seven 
distinct wounds, that had seven distinct hlowaf 

Sturg. I take it, that every one of the seven 
wounds had a distinct blow. 

Sen. Selby. With what instrument did yon 
apprehend those blows were given ? 

Siurg^ It was cut so clean that 1 thought it 
was done either by a knife or razor. 

L, C. J. Let the jury aee Mr. Crispe's 
wounds. 

Then bis face and wounds were shewn to th» 
Jury for their observation. 

Serj. Branthw, Swear Charles Willet. 
(Which was done accordingly). I think yon 
are a constable in Bury St. Edmonds ? 

Willet. lam. 

Serj. Brantkw. Had you any occasion to 
speak to Woodburae concerning this matter ; 
and what did he sayP 

Willet. I had a warrant from alderman 
Wright and Mr. Serjeant Reynolds to appre* 
bend Coke upon Woodbume's examination. 

Seij. Branthv, The question asked vou is, 
what you know of Woodbume's conhissiou, 
and what he said to you about this matter.' 

Willet, After Woo<lburne was committed, I 
was with him, and asked him, whether he was 
concerned in the wounding of Mr. Crispe? 
Ue told me, Yes, he was. 1 asked him how 
long Coke staid with him ? He said that he 
had struck Crispe three or lour bloivs before 
Coke left him. 

Serj. Brunthw. What else did you ask him, 
or did he say to yon ? 

Willet. lie told me, that he was walking up 
and down in the church-yard when Coke 
whistled to him, and that on that signal he went 
up and assaulted Mr. Crispp. 

Serj. Branthw. Did he give yon any ac- 
count how long and where he waited befbre the 
fact was done i* 

Willet. He told me, that he was desired by 
Mr. Coke to be up and down in the church- 
yard about nine o'clock that night \ and that 



m 



8 GEORGE L Trial nf John JVoodbumc and Arundel Coh^ 




f R cold oierbt Coke v:ive bim a botlle of 

dyf and toM hitn he cuuld not telt whtt 

lime Cmpe woultl c<iiiie Nimhv, but desired linn 

'^lo be reudy, mid lo fttay^ ttri ii be ne^er !iO toii^* 

Scij. Brant hw. Did be teli you wttb what 

iDBtriunent be did it f 

H'i/ii'i. He told me^ he did it with an botik 
• hih, that wan nt* w if round for I be purifo^e, 
pd I hut it wa^ in hm house at tb<' Hi(lit hund 
TiOl' bis door. 1 wrnt aceordiu^ to bi^ direction, 
^Snd found it, and broug-bt it to hiin ; ami he 
aid, that was the book^ — The hook I bare 
ou^ht with me, umt this la tbe bouk tfiut I 
FliavPDOW in my baud. 

Hr. Haby. Call WiHinm Weiberel. (Who 
fmti% sw»m.) Gi?e my lord and the jury an 
|ttCCount nbal you knuw of thi^ matter^ 

Weih^reL \ am the (fjinler ; and ibe day 
liifter Mr. Coke was committed to me^ about fite 
ntntite« after one, be sent for me up into bis 
Jtliamber, where his wife was cryinsT and in 
preat disorder, as be seemei) to be hkewise. 
She was desiring^ htr hntiband to discover, 
i^hen lie came to bimsetC be tobl me, that lie 
and Woodburne had bad a design to murder Mr, 
brispe, and hud attempted u several times \. 
land desireil me to g^o and *!epvire Woodburne. 
\^ went to tbe alderman, and told tiim <>f it, and 
I gSive me tbe like ordersi« Coming from the 
'Alderman 1 met Mr Coke's man, who a»vked 
me* whether I had fouiul him f On which I 
asked bim, who^ and uhat he meant, tbinking 
bitn to be i|^noratit of bis master^!* confessiuii i 
but be told me, that his master bad dUcoiered 
it to him, and had aewt hira to take up W^ood- 
btirne. Whilst we were talking, we saw Wood- 
burne commit up, and we desired one Jotin 
Carter, a smith, who was shoeing a horse, to 
assist ui ; which he did^ and we aecureit 
Woodburne. 

L, C, J, Did Mr, Coke confesi any thin^ 
t you conceruiug^ this fact, and ttie manner of 
^ doiflff it ? 

Welh, Yes, my lord, be did. He told me 
teferal times, that he had n design to niunlipr 
Cri«i|)e, nnd that be employed Woodbtirtie, und 
deltvet ed Cri»pe into his hands. 
t, C. /. Did be tell you thai? 
Weth, He did tell me so : he totd me al^, 
that it was done with an hook ; and that be 
bid Woodburne lo cut bis weasand or wind- 
pipe ; and that if VVorHlhtirne had not been a 
cow 'hearted do^^, he would buve so done, and 
M!ure<i Criape from tclbuir taltt. 
Mr. Hah^. Did Coke lell you what means 
Ike used to do ibis to Mr. Crt^pr f 

Welh, He liaid^ that he called him out of bis 
' liouse, went into the chmcb-yard Hiih bsra, 
and there be delivered him iiito Woodhurne^s 
bands. 

Mr. Rahy* Did he fay what signal was 
^tf en ? 

Weth, Not that 1 reoipmber ; but he said, 
that Woodburne was pluced there by bis ap- 
pointment* 

Mr. Rabif, For what design? 

With. With an mteut if* murder bim. Wbca 



Woodburne struck him^ Coke aaid, b« weal 
away immediately. 

Mr. Ratfi/, What have you heard Wood* 
burue say concerning this fact? 

Wtth. J have heard Wooiihume say, that he ' 
and Coke had lain in wait lieveral times, uad at 
several places, to niurder Mr. Crispe. J 

Mr, HuOif. Did Woodburne p?e you rnnf I 
account what he did at tbi^timeto Mr'f" * 

IV^th* Ves, be did; be said that t^ 
biin a blow with bin hook, and that niafiiiiEr « 
strikiu«f htm duwo^ be s^are bim a second hWw| I 
svhich did ; and that Crispe, as be was fatltfi^, I 
(^ho was never used to swear) cried out, G<mI ' 
damn bim ; anil that tlien it went to hiii 
heart to think tbnt he should kill a man 
an oath in his mouth. 

BIr. Raby, Did be aay he gave hini sen 
blows? 

TfVfA. He said be gfave him several bl 
and that ht^ thought he Vfrmt dr^ad. 

Mr. Lee. Call Rfibcrt ^loon. (VVho?i]tp«ai 
and was sworn ) Wiiat do you know of 
matter ? 

Moon. AVben I heard what hspptn^i 
Cris|»e, 1 said, I kntw the person who dii 
or the person who einpk>y*?d hitti to do it j 
the reason was, bi^cause three vearR, or ll 
years and a half ago, Mr. Cote sent f»»r me^ 
and suid to me, at tirst I thought it to bo iu a 
jestii»ir way, that he wished Mr. Crisps out of 
ibe world, be was a pfood-for-noibintj felloit ;' 
bis wi(e had a trhk of playing- away bis estate^ 
and he wished somebudy viould knock him oa 
tiie liead. 81 r, said t to bim, what adrania^ 
«\ould that \}p to you f lie shook his bead, ami 
said, a very g"oo<l csiate. HM I, 1 tboLic*fht 
Crispe bad out a i«maU estate. Yes, said he, a 
very good one. Thtn ) hey^an to think ther* 
wassonje»hingin it : after some little timp, said 
hp, I do not Tflhie ten or twenty (^'uineas to 
knock him on the bead. 'I'ben 1 heg^an a little 
to reflect that lie shoubl have such on <!ft[niuri 
of me, that [ sbould be such a sort of a p rsfm, 

Mr. Lee. What then did yon say to hiui :* 

Moon. I told htm, that f would not kiU the 
j^reate&i villain lu tbe world for ten such towDf 
as Biiry« 

Mr. Lee. What did lie say afterwards ? 

Moon. I do not remember, 1 liave forgot if 
there was any tbiogf else. 

Mr. Lee. Row came you fo remember this? 

Moon When I heard of this fact committed 
om Mr. Crispe, tbtn tt came fresh into mf 
memory. 

Serj* &%. Call John Carter. (Who ap- 
peared and was sworn.) What trade are you ol? 

Carter, A blacksmith. 

8erj. Selby, Did Coke at any time seod 
Woodburne tor you^ and what past thereon ? 

Carter. On the Friday before New-y ear's* 
dity last, which was on u Monday, Mr. Coke 
sent Wood I) II rue to me v*ho told me his master 
Coke wanted to speak with me. 

Serj. Setby. Did you ^? 

Carter. Yes ; J went lo his hoisse. and he 
ordered me to come up-to him io bis chamber. 




Jar ditfiguring Edward Critpe. 



A. D. 1728. 



l&i 



mm wtnm^ norsr u^oirry ht» weight 
l^Mm^kmm oimty oue ibeo ; but 




tip, he li)TtJ rnrtliHt he waoled a 

S^mm^ liorsr u^oirry ht» weight. J tolU iiim 
wH ko ii w ofmoy oue Oicd ; but when I Jirl, 
; he Buid, Bv 
iiear you batre 
m^^ , you hav« lyoL no iron 

wmm^^^ «iiil ^ oy art iih ild of a gaol; 1 have 
% dMK IMW In a^iliiiiuD UiRt mil make a 
IttiA W* foo a« lori^ aa you tlve. 1 s^U 1 
^mMht terv |riii»i of ihai. 8iii(l he, tun you 
Vs^ ^^trrtf Ves^ said t, aa well as aoy one, 
%^«rw»j«df and inv IHrnd» Said he, ca« 
"^ kf)i «•»• lif liiM liiif^vflt B€cr(*ts io ihe 
mdi ? i totii 1 . 1 1 as any Imfjr. 8aid 

h^j^mm^ prt-r, i mdeln/aiul it you will 

mm at di ibm^ i can make a msin oi you iis 
l^» foti lir« : do som ibiuk you could cut 
fveviv ii>m's h«>aifM ofT without scruple of 
^ " » ? 1 lold him, No ; it was loo mych 
9% mmaL*% cmucivnve to bear. Said be, W hat^ 
lis oT i*0ii«cieace to do a«ch a tbiocr as 
-r- above who have done ten 
t»0!i«, Sir, $aid f, you mean 
A0immk'tM^i\ grniiemen. Yes, said he, so I 
%; Mj bate ruined fumtUcs, aud be^^^rared 
Iftdaoam r to cut men's heads off h hut a 
ttAe to tiieru, 8aid [, Mr. Coke, I believe 

C^(^t».K in if.L* by ivay of merrimeut. 
■«. ^^ I ink I "sent for you by 

Saf^'A^ I I could not do any 

llMiiir. i ! lie, do you think you 

^ cat aa cK>^ ad without scruple of 

mmmmtct f I i«»hl him, No. Then, said be, 
i ym canH cul off a man's bead, and lay it 
Ait spoil tbe table Ucfure oie^ you are not for 
my mm ; C>o Ihut he (ctciied a bottle of brandy, 
I Ave : or tivo, and then liaid to 

^Carlrr have you go home, and 

r ii4 II lut iHo or ihree days, and if you 
Inff a Qtoii*! bead without scruple of con- 
jofi tliall have plenty of gold and ^il* 
] to/ lliiiiff elve you ask. 1 told hiru^ 
laa coaatokratioit, for I could not do it. 
T^Bi^ wud l4c, Muil Wood burn e Io me* And 
*1 went mtU 1 ^:iiv W oodburne at the door, 
aailMsil btDi iff ke* 

tmj, Sclly. * ly any things eUe to 

iaa^«r any Uuuv' uUmii \!r. Cnspe? 
ij4^gi€r. 1 bf e laa houiut* of Mr» Crispc^s, and 
I bftil btan formerly bis steward, and 
acied under him. And Mr. Coke 
bisanl my bo«jae was out of repair, 
M be liu ajicr Ulr. Crisped and v^he- 





lik< 
ba bail 



Tur iiioi to keep 



and 4mli^99f b) 
Lgioa* f»utt h- 
ij ao^ the nta >' 
aait ibai ' 

aad abitivi 



sta- 



ijtMc (for 

by their 

r ac- 



> to 
(«1 Uuf yU%utf« : aisd 



therefore, Gentlemen of the jury, we cannot 
doubt but that you wilt iiiid them botli iruihy ; 
and that your verdict and their couiiciioo fvill 
be with lb e suffrage of all mankind. 

Mr. R(tb^- My lord, having- ij^one ihroujfb 
our evidence, you will now permit me to make 
some few observatious upon what has Iwen of- 
fered, and from which we humbty apprehend it 
will most clearly appear, that we have fuUy 
proved and iim*1e out every thing ncce«»ary to 
maintain this indictment. 

My lord, it must be agreed, that ibis is an 
ofleoce created by a particular n(^ tJ7 tiAvVm* 
meat, usually calleil sirJtdmC^ ct^ 

made on the occasion of the lii^ nuf 

usage be met with, to punish thRt otfence, and 
to prevent the like Ibr the future: anti 1 aUo 
agreei that the prisoners miist apiH-ar to be 
guilty of those very facts, which by that act 
are made felony, or otherwise they cannot be 
punished by that law. But we Immbly appre- 
bend, that when that law, and the evidence 
which has been given against tlie prisoners arc 
considered, they will appear to be guilty with- 
in the express words ot that law ; for which 
end 1 beg leave to mention that act, which is 
the 22 and 2S Car. 2, cap. 1, the wordii are 
these ; ^^ That if any person or persons, oa 
purpose, and of mahce fore-thougnt, aud by 
Iviog in wait^ shall unlawfully cut or disable 
tne tongue, put out an eye, shtthe uose, &c. 
with an mteotion in so doing to n>aim or disfi- 
gure, in any the manners before- mentioned » 
the person or persons so offending, their coun- 
ctellors, aiders, aud abettors (knowing of, and 
privy to the offence aforesaid) shall be felons ^ 

From this cl&uie it appears the offence must 
be done ; 

1. Of malice fore-thought, 
3. By lying in wait. 

3. Bj^ slitting the nose, &c. 

4. VV tth na inteutiou to maim or disfigure* 
And we humbly submit ir, that from the 

e?idence which has been given against the nri- 
sonerSy it most plainly ajtptar^, thattlic deki^* 
dan ts are guilty of this offence in c^ ery Cir- 
cumstance described by thiii act ol pi^rriiituent. 

1. For certainly there cannot In- tlic Irani 
question, but that ibis was done ot re- 

thought, when it appears from the lo 

have been under consideration, and prLUiedi- 
tated for three years and an half: and Mr* 
Coke had tried several persons, before he couJtl 
find any so hardy as to execute bis ba»e pitr* 
pose, or comply with so inhumnu ^" -" pi; 
and therefore we apprehend th*i l*e 

uny colour to say, tnis was not of i**.*.*^^ ..;ۥ 
thought. 

'J. And that this offence was also done ivttb 
VI ait is as clear: for docs it not fully 

; ii]H>n the evidence of Mr. Crispe^ that 
when lie fiame out of Mr. Coke's bouse, Mr, 
Coke gave a whittle or signal ? In vain had 
Mr. Coke giveti that «ignaT, if no per»oii bad 
been in woitiuj? to have hcanl it : to whol end 
had tbit figual been given, U' Mr* Cake ba<il 



I 



GEORGE I. Trial of John JVoodhume and Arundel Coke, [79 

I L. C, J. Have joa anj witDetsen, or iny 
body to speak fur you ? 

fi'oodburne. My lord, here are my twodao^- 
ters in llie Court ; I desire yonr lordkhip wouM- 
be pleased to hear tbem, Xiin Woodbnfrie aod 
Sarah Woodburne. (Who beings caDed, ap* 
peared, and were sworn.) 
L. C. J. What say you, Ann Woodbwroef 
Ann Woodburne. On the Wednesday belhM 
New-year's- day Coke sent for my ftither bjr 
bis boy ; I told the boy my father was in bed, 
and sick of an ague, and could ont come. Th« 
boy came afs^n, and said,' my father must by 



1^ ■ 




IJi. 




1 !•>.< 




...-. 




* 


s. 


acci. 


3. 



:«r vou iiani sciven him those se- 

^ \ -or iioiik/^vhat did you nexl? 

?es$ju immediately to reflect 

•^ . /^c. i.x\i went away forthwith 

. .fiac. « uere 1 was about to take a 

^ ^ « ac<f . 

• ^a . s -.eer. )r rudiolenance, or 

«tf juictnwuc or information 

..^^r !«r ^;«l'«iHiaiit5 jointly and 

« .44s. ' MiMii euotudiferunt, et 

.^ . o«.^iVic; ' jr *'»|uod aspor- 

.. m^ «. Clique ^>fMiiavit ;*' or may 

.-,i\ 'uiv. .viihout charging 

^«.^i«a« t. suiiicieuthr apjicars, 

>^ «..,u .1 a»». '.tadi r ibey joined 

u.<t * i h: im:h of them 

. «..v«. i <>itow!fv cbax on snch 

,». »..»;«; d M*iiiv v>f ihe defen- 

^w.t.iLU. -.au >uitfr» convicted ; 

-.*> .1 iH; jiiaix^ &s several 

%«N«.i itf «*uu:^ H it purport 

''« .ivu^v ijoict^ doth not 

V w.u 4Ci if dll the de- 
.^ ^..«.*: ict vuitfd with some 

.. v:. .1. .cicci JT omission of 

..tv»h tjicti it would be no 

. .-. j[^ t oiui imde without 

>. .;. .«u> t|t^r\uKtit'ship re- 

.^. ...<., 1 » oivti ott«e it must be 

v<. . «-ii^«i '.iduVr which must 
....« .««; *}i HHNU way offend 

»« ... ux. .ti«; jumts not, the in* 
.. . ...;v*u .ua«i ^'baripv ihem se- 

.:«> V . 'Uk :t is absurd to 

.%.v. VwAU3tf ih«* olfenoe of 

. . .».,> iwoA k avfivc pecidiar to 

, .« tv i^v 'cdiM^u a joint in- 

^ ■ •«..«, 'CI :it>i lepairiog' the 

^^.sM..-^^ ^vuti iMi'nuuashed." 

N^^ ^^- j«, ^.M>, one reason 

!w.cu^%uibi cannot be 

.^, •>. ;i«,'ijur\ is, that the 

v »4i Vi'*.^ ^^ ''^'^ evidence 

.^wuiui oue. I recollect 

^. . *%tWiM tried toother 

V ^vk.uoi All J experienced 
vv .»««Atly statetl in his 

..» ,>«4.i%>uly *f the evi- 

V .vic to both the pri- 

, ^. .. -t.^ •.I.C4I, nhen thejii- 

, .. .• .a .1 %«:»dici of guilty 

-. ?^ ^.ca*^ w to the ground 

" , \ .%H, 5 a|»|»o»red that the v 

.(^^j^X^ti ••»»*««.•» the whole 

* ^ ^, ,.;«» tariiitir insttruction, 
• '/* .^s jiihI convicted one 

** >...^ '^M^ry, and Saver, 

^ '-^ I't* w^aiutfiit. (qu. com- 

"^S^a, . ,M< that anv man, 

^^^ ^' ,j| r»»»^»** in the same 



all means come ; but he wooM not then go'; 
but he went to him on New -year's- day m tb*. 
momiAg, and came home again. Aboat five 
or six o*ck)ck in the evening, my father weal 
ont with a hook in his hand ; arid he sakl, he 
should not be at home till eleven or twelve at 
night ; and if any body came for him, he bid 
us not take anv notice but that he was at home. 
We thought te took the hook to cut some 
wood with. 

L. C, J. Have you any thing more to say f 

Ann Woodburne. When my mother died, I 
went to Mr. Coke's to borrow 5s. of him, to 
have the c^reat bell toll for my mother, and 
told him, that my father would pay him again. 
He said, what signified the ringing of the 
great bell ? Her soul would be never the betttr 
for it ; but if he will satisfy me in my request^ 
be shall have five times five shillings. 

L. C. J. Whot say you, Sarah Woodbaraef 

Sarah Woodburne. Coke did frequently send 
for my father at all times, b<}th of day and 
nijrht ; and he would often come to my rather, 
and when lie came, they would go out, and 
walk down the back-side, and talk together. 
After this fact was done, Coke sent his boy f&t 
my father, and the boy snid, they must not go 
together ; for if they did, people would Ukf 
notice of them. 

L. C. J. Woodburne, have you any thing 
more to say P 

Woodburne. This day nine weeks, which 
was a week after the fact cominitte<l. Coke 
sent for me, and said, John, 1 wish yon wonid 
have done the thing 1 ordered yon ; hot yoe 
have been before alderman Wright and the 
recorder, and have told your story well ; hot 
bold you fast, they will examine you again ; 1 
shall — 

L. C. J. This is subsequent to the fact, and 
is not evidence as^ainst Coke. If you, Wood- 
burne, have done, then Mr. Coke, what baft 
you to say for yourself? 

Coke. Way It please your lordship, 1 an 
much ashamed, and very unable to defend 
myself; I am ashamed to think 1 should be 
concerned in so heinous a crime against Mr. 
Crispe's life ; I am even confoundeil at it ; it 
is indeed a very great crime, and ! know not 
what to say for myself. As for Woodbnmo^ 
he hath asserted against me several things tint 
are false. 

L. C. J. 1 hare told the jury, that whnt kp 
bath said is no erideoce against you. 




Jor di^lgftnng EdxxHtri Crispe, 



A. D* 1722* 



fCdbr. Wli«0 1 fk«l rnkt «f this matter t/i 
b« Mtl, be ib^d value it do 
«M» tiMB Ilie ritttiiif; off tKe head of a 
^. I M, kd^^d^ n^o o«ft wiih Mr. Crispe 
tteoi^lil, tHii 1 WA* H«H near him vrben Wood- 
ymwm mwdk hkai, bui rrtrt^ated to my own 
l«w m * tmommuL My lard, 1 am rery sen- 
iiirikift a fwiiit ^ law may arise on the sta- 
MiK «Wr«B« 1 am mdicted. 
LC i Wh^trvmf 
Cskm, liAli reMpvol to my inienlion. 
1. C /. Yoor loMimoD is matter of fact, 
bjj' T^rr f-rr ; whether yoor 
lar *^j thii doth not 

mr lo l»t* f ' . Uvv ; if there be 

«ff«ftlafla>^ »ri«Cf you shall have 

§fm^ ; i . rfiil whether you slit 
Hi wiiH an intcotion to disfigure 
laMilitfffart. 

Mjr ialmt was to tiill Mr, Crispe, and 
■:»Tm «r tfffflgiMre him.* 

' ' MS the question ihe jury 
V au did not ot' Dtalice sht 
k«*»-5^ wtih jii latent to dt^6^re him? If 
li*/m do ocil Hud ihut yoit so did, yw% must 
W ^mfguMt^ Oil iht« indidftient. Hopposing- 
' iif« f«^SA lo kiUp yet your de«i^ might 
wtm to niBim ; and this the jury must 
of fact for thtirconsi- 



C^e. "niii% it m twy peool rtatute, and I nm 
■^ It. ^Am-utl nt*^ Abvii eause ; I beg your 
•4i iiseL 

4' ' I f taw doth arise upon 

il ttauiir, yms fthail hare cmtiisel ; but aa 
M n'Hhitisf ^^^t matter of tact ; wbe- 
tike I5act [*TOfed doih «itrjfporl the charge 
riMi«rtniefit ; or, in other words, whether 
n^ m n b lit- t ui make ^ood the 

^m^ • thm fTM to ihe jury ; I will 

■^ J ii» ill Hi!, and ibey are on their 

Mp > thdr verdict, 

CI»U. I iii« i« a very penal alatute, and f 
aaaac mwigita it for myWlf ; 1 hope your lord- 

<>n thiif luhject, «ee Haw- 
. .. -. -, i,t Crown, book 1, ch, S5, 
e, ^ I (»oo thia CaiM*,*' tay^ Mr. Eaal 
Lftw. ebap. 7, tfct. Ii ) '* Mr. Justice 
■errrd, ihul il seemed to him that 
>aiai of thi4 defence, ullowin|r the in* 
I H> lir what I he prisnopi^ contendefl, was 
^AehuI ; aii4l that an intrtaton of violence 
ifctuiiiiiual and malignant could not exctise 
^mimm otte tliaf wa4 le«a so. Vet on the 
•• ■ am- «*f i! 1 00 Carrd'fl Caae, 

W^S. «f}.| \ v|kfea8ecl tome dtssci' 

M^MI wiib Uiki rnte, nud tbouglit at Icait 
telWoMiatnicikm onsht not to be carried 

ii^ar.** Lftf»i H- ' ' - ' i T.-, Ihatcri. 

^aliUUile* •! hy equity. 

Mm i^aii ife^ i-...; .*...;... k„ i^,. |*artof the 
Mm b diradiiif the jury did L. C\ J. Kintf 
tf^B M ^.f^fCr^htr ii> thii iuvt- Mm> reasiiniiicf 

I lhe!ii):lh 



rl 



»hip will astt^n mo counsel ; thia is tho first 
indictment tliai over wna upoii Ihts atatiale. 

£, C. J. ^Vhat do the king'H counsel sst 
to fi ? 

Seij. Sflhy, After so full an answer as your 
fordship haii g:iveD, I think il but vain to say 
any thing ; I a) way a ibought that no matter 
of law could arise upon thia fact and indict* 
meot, for Woodlnirne did the fact of malice 
forest houyht, by lywi|^ in wait, and with an \n* 
tention to maim ; Mr Coke was aiding^, abeU 
ing, and privy to the fact : therelbi-«, ihougit 
il waa ao intent to kill, it must be to maim 
also ; he could not intend to kilt him with such 
an instrument, without intending to maim bim 
ftrst; and therefore, if their were two in tea* 
tioos, and but one executed, there is bo pre- 
tence to say, that what was executed was oof 
intended. Mr, Coke says, that never was any 
iod ictra en t before upon this slalule; if not, if 
must be because no nmo before ever thought of 
being guilty of ao horrLil an aclicn. 

L. C^ J, If any point in law doth arise you 
shall have counsel : hut the fact must be 
agreed and stated, before the law can come iit 
debate. You say, your intent was only to 
murder ; but that is not yet agreed or found 
to be the fact : it is the point now in trial, 
whether you did it not with an intention to 
maim or dj!ifi^:ure ^ and according as that in* 
l^ntioD shall appear to the jury, so will they 
either acquit or convict you ; therefore, if you 
have any Ihiiftg more to say, 1 desire you to 
go on. 

Coke. I submit to your lordship's judgment, 

Ir. C* J. Gentlemen of the jury, this is an 
indictment of the prisoners at the bar, John 
VVoodburne and Arundel Coke, tor fek)»y, by 
lying in wait, and purposely and maliciously 
slitting the nose of Edward Crispe« with in* 
tention, tn s*> ihing, to maim or dii»figui'e the 
said Bdward Oispe, John VVotMlburne ta in* 
dieted for the principal nctor, or Ihe person 
who did till* fact ; and Arundel Coke is in^ 
dieted for being present^ aiding and alietling. 
This inditlmenl is ffjunded on a statute made 
in ibe *2'ln*^ year of king Chsrifs tlie itecoud^ 
entitled. " An Act to prevent uiidiciuus maim- 
tiig and wouufling ;^* wherr by it is tTiacted, thai 
if any pf rs<m or pei^ons, from and after ihe 
a4th*day of June, in the year of our Lord 
1671, on purpi»se, and of malice fore-thought, 
and by lyingr in wait, should unlawfully cut 
out, or disable the toogne, put out an eye^ 
iitt the no«f»^ col off a nose or lip, or disable 
Muy hmb or memlier nf any suhjectof his ma- 
j«^tyt with in lent ion in so d'*ing to maim or 
dintigure, in any the manners before-mentioned, 
uiich his raoji^ty*« subject, that then, and in 
every such cuse« ihu persnn or ptTSons so 
olfen (ling, their rounuellors, aiders and aliettors 
(kiioMiog of, and privy io the t>lfence, as 
Jilores^rtid) Minti Iw. an* I are thereby drelarpd to 
be telons, and shall suffer im% Ui cases of felony, 
w ilhout benefil of the clergy. Now the ques* 
tirm on this indictment, h^ whether Johit 
\^ oodbume did on purpose, aod of maltioa 



^ 

^ 

% 
» 



71] 8 GEORGE L 

L. C. X After yon had given him tho^e »e- i 
Trral lto\^'s with your hook, what did jdu ntxi? ^ 

Woodburne. I began immediately to reflect 
oti what 1 bad done, and went iiway forthwith 
to my own honse, wbere f was about to take a 
line to hang' myself. 

carrying awayofadeer^ or maintenance^ or 
extortion, Sec. the indictment or inforraation 
nitty cither charge the defemlanls jointly and 
Be?erally; as thus, ** quad custoaiverimt, et 
nterque eoruni custodirit ;** or ** auod aspor- 
tav erunt, et eorum uterque asportavit ;'* or may 
charge them jointly only, without charginff 
ihem severally, because it sufficiently ap|*eai*», 
ffOtn the construction of law, that if they joined 
ID such actj they could hut be each of them 
g^uilty ; and from hence it follows, that on snch 
indictment or information some of tbedefcn* 
dant5 m fly be acquitted, and others conTJcted ; 
f}ir the law looks on the charge as several 
affainsr each, though the words of it purport 
only a joint charge against alL 

*« But where the oBTeace indicted doth oot 
wholly arise from the joint act of all the de* 
fondants, but from such net joined with some 
personal and particular defect or omission of 
each defendant, without which it would be no 
oHeoce, as ihc following' a joint trade without 
haying' scrred a seven years ajiprcDticeship re- 
aitired by the statute, in w htch case it must be 
liie pnrtienfar defect of each trader which must 
make him guilty, and one of them may offend 
a^inst the statute, and the others not, the in * 
dictmeut or informilion must charge them se* 
ferally and not jointly ; for it is aUurd to 
charge them jointly, because the offence of 
sach drfeodaut arises from a defect peculiar to 
tiim9ett« And for the like reason a joint in- 
dictment against several, for not repairing the 
fltteet before their houses, hath been quashed/' 
Pleas oi' the Grown, book 2, c4j. 25, § 89. 

In a Case in Strange (p. 9^1), one reason 

assigm>d why severaf defend an Is cannot be 

joined in one indictment for perjury is^ that the 

jury niii^'ht on the trial apply to all efidence 

which is but evidence agahist one. I recollect 

that in a case of two persons tried together 

at the Old Bailey, the learned and expenenceil 

magistrate who presided clearly staled in his 

charge to the jury, tliat part only of the eri- 

dence girtn was ap|dicable to both the pri- 

^toners: mnwithstanding which, when thejn- 

rfoi*s, who had brought in a verdict of guilty 

rigainst W(h, were questioned as to the ground 

t>n which they proceeded, it appeared that they 

bad applied against both prisoners the whole 

t^videuce given; so, after farilier instructiooi 

' amended their verdict, and convicsed one 

Facquitted Ibe other prisoner. At the end 

the t.'a^ i»f Nolde, Naliihury, and Sayer, 

^toL 15, page 731, is an argument, (qu, com- 

[ posed by Einlyn). to jirove that any man, 

.though Joi 111 ly uidieted with oihers in tftesame 

fnilictmeni, may of right imist to be tried 

iingly. 



Trinl of John Wnodbnme and Antndel Coke, {79 

L. C. X Have you any witnesses, or any 
body to speak fhr you ? 

Woodburne. My loul, here are my two daugh* 
ters in tlie Court ; 1 desire your lonfship wouiil' 
be pleased to hear them, Ann Woodbtmw and 
Sarah Woodburne. (Who being eatled, ap- 
peared, and were sworn.) 

L, C. J. What say you, Ann WooiMwrtie ? 
Ann Wnodhurve, On the Wednesday before 
New-year*S'day Coke sent for my Ikther by 
kis boy ; ! told the boy my lather was in bed, 
and sick of an ague, and could not come. Tbtt 
boy came again, and said,' my father mtT'^t by 
all means come; but he wowld not then .i. ; 
but be went to litm on New -year's- day m tb« 
mornitig« and came home again. About fiv9 
or BIX n*clock in the evening, my father went 
out with a hook in his hand ; and he said, h^ 
should not be at home till eleven or twelf e at 
night; and if any body came tor him, he bid 
us not take any notice but that he was at home. 
We thought he took the hook to cut some 
wood with. 

L. C. J. Have you any thing more to say f 
Ann Wtxxihtirni, When my mother die^, | 
went to Mr. Coke*s to borrow 5s. €»f him, tut 
have the [jreat bell toll for my mother, and 
told him, that my father would pay him again* 
He said, what signified the ringing of the 
great bell i* Her soul would be never the better 
f'lr it; but if he will satisfy me in my request, 
he shall have five lime*! five shillings. 

L. C. /. What say yon, Sarah Wood bu roe f 
Sarah Woodburnc. Coke did frequpntly send 
for my father at all times, both of day and 
night ; and he would often come to my father, 
and when lie came, they would go out, and 
walk down the baek*side, and talk together. 
At^er this fact was done. Coke sent his hoy fo^ 
my father, and the bny sniil, they must not go 
together ; for if they did, people would take 
notice of them. 

X. C. J. Woodburne, have you any thingf 
more to say P 

Woodbiirne. This day nine weeks, which 
was a week afker the fact committed, Coke 
sent for me, and said, John, I wish you wouht 
have done the thing I ordered yon ; but yoa 
have been betbre alderman Wright and tb^ 
recorder, and have told your story well ; but 
bold you fast, they will examine you again ; 1 
shall — 

L. C. /. This is subsequent to the lact, and 
it not evidence against Coke. If you, Wood- 
burne, have done, then 3flr. Coke, what have 
you to say fiir yourself.* 

Coke, May it please your lordship, 1 mm 
mueh ashauied, and very unable to defend 
myself ; I am ashamed to think 1 should be 
concerned in so heinous a crime against Mr, 
Crispe^s lite ; 1 am even confoundeil at it ; it 
is indeed a very gieat crime, and I kni»w noi 
what to say im ujyself As for Woodburne, 
he haih asserted against me several things that 
are false. 

L. C. X T have told the jury, that what bp 
baih sud is m evideace against you. 




J6r Sffigmfttg Edward Crispe* 



A, D. 1722, 



[74 




Cilr, Wh«A 1 icit WMkt of this matter to 
b« wmt\^ ne ftho«ld value it no 
tliK mctmg off the bead of a 
d||. I iImI, #mitt<4, go o«i with Mr. Crispe 
taoiflM, iMif I Wtt^MMsar tiiitl wlieti Wuod- 
hmm mntk, hicB, bot n>triAiei) i^i tity own 
li^M m • munacflt. My lunlf 1 am rer}/ sea- 
m pnhnt of Iaw may arise on the sto- 
1 min todicted. 

Wiah f«M«llomy loteotioii. 

. il /. Y<mr Mrt«nlioo is notter of fact, 

1^ tned by ^^ /"rw - wWiher yoor 

ittoanuinafi , iliis doth not 

•iflM lo be a I ivv ; if there be 

teCt«i« I AYi^, yod shall have 

■k ! »mt *fh€iher you slit 

' with an iulcotioa lo disfigure 

' #f fad. 

My Miettt waj to kit! Mr. Crispe, and 

^1 iH the qoestiou (he jury 
.>u did not ut niahce «)i( 
■Vt- ^ disfi^rc him? If 

•if/ \ f'U so did, you must 

W M^itovi on ini^ luiiiL'tftienI* Hfipposrng 

r»#«if9 was lA kill, yet your design rni^ht 
U#raft to tnmtm ; and this the jury itiust 
^' Mm I* nittiler of fact lor their const- 

C^, TkW b « f #fy ^eiial 9la(Qte, and I am 

«■»:« m plifsd my aim eause ; I beg your 

,N la a>»fcu mc ronnseU 

J, If any p^nnt wf law doth arise upon 

If hare counsel; hut as 

itiit nialter of t»et ; whe- 

te 4« tskei Jirof tfd doth sii|f|K>rt the; charge 

• ^ m6m:%mmii ; or, in other words, whether 

'te»«5r bt »iflficient to make ^fowJ the 

; tbis Mmut be lef\ to the jury ; I will 

wmt tar fa ^ ud ihey are on their 

Titt-^ i^ iiaI •tatute, and I 

mtjptc it i I ; J hojie your lord- 

I the taw opon I his suhject, see Haw- 
»» of the Crown, UJiik 1, ch. 55, 
. this Case/* says Mr. Ea»t 
ii *P 7, scf't. 6.) ♦*Mr JuiTlice 
%m» kap nbarri - ncemed lo tjitn that 

I ot *e, Jillowinj; the in- 

I la ^ wliti^ rtiM's conleodtNl, was 

ami : . iiiieniion of violence 
al %nd iii^h^unni could uot exru»c 
mmm tbal wait less so. Yet on the 
uT ilfc jttdgvB on CarroPs Case, 
aiKf Eyre B. tlprevsed some dissn- 
} iritb tj^a case, oud thought at least 
Delicti ou4;ht nut to be carried 
.,,v ,- , ,r,,..,\ .ft.., ibatcri. 
I*y e^juilv. 
^j.irt of the 
I L. C* J. Ktng^ 
. the reason intf 
jiifi of the sixth 
KM chapter above 




ship will assign me roundel ; this is the first 
indictuieut tliat ever was up(»n ibis statute. 

L, C. J. What do the king's counsel saj 
to tip 

Serj. $rlh/, Afier so lull an answer as your 
lordship haij ^^iven, [ ihiok it but vain to say- 
any tbio|r ; I tilwnys thought that no matter 
of law could arise upon thii fact and indict* 
meot, for Woodburue did the fact of malice 
fore^tbou{j;hf, by lyiog* in wait, aod with an ia- 
tentiou to roaim ; Mr Coke was aiding, abet* 
ing*, and privy to the fact : therefore, thouffti 
it was an intent lo kill^ it mu9t be to maim 
also ; be could not intend to kill him nith sucti 
ao instrumeot, without intending to inaim him 
first ; and therefore, if there were two inten- 
tions, and but one executed, there is no pre> 
tenoe to say, that what was executed was not 
intended. Mr. Coke says, that never wasaay 
todictment before upon this statute ; if not, it 
must be because do man before ever thought of 
being- guilty of so horriil an action. 

L\ C. J. If any fmint ia law dotb ariae yoil 
sliall have counsel : but the fact must be 
a^n-eed and stated, before the law can come ia 
debate. You say, your intent was only to 
murder ; but Uiat is not yet agreed or lound 
to he the fact : it is the point now in trial, 
whether you did it not with un intention to 
maim or disB^ure ; and accord ing^ as that ia<. 
tention shall appear to the jury, so will ihey 
either accptit or convict you j therefore, if you 
have any thing more to say, I desire yoa 10 
go on. 

Ci>ke, I submit to your lordship*s judgment* 

L. C X Gentlemen of the jury, this is art 
indictment ot the prisoners at the bar, John 
Woo^Jburne and Arundel Coke, for tek»tjy, by- 
lying in wait, and purpoaely and maliciously 
Klittii^ the nose of £dward Crtipe, with to* 
tention, in so doing, to maim or disfigure the 
said Edward Crispe. John Woodburne is in- 
dicted for the (trincipal actor, or the persoQ 
who did the fuel ; and Arundel Coke is in- 
dicted for bcMHg present, aiding and abeftiiir. 
Thj5i indictment is founded on a statute made 
in the '}2nil year of king Chiirles the second, 
entuhfK ^^ An Act to prevent m id icious maim- 
ing and wounding ;^' whereby it is enacltd, tlial 
if any penMui or persons^ Irom and after the 
'i4th day of June, in ihp year of our Lurd 
1671, on purpose, and of niiilu-.e fore-thou]*ht, 
and by [ytn^ in wait, liliould unlaw fully fut 
ntit, or dtsuhle the tongue, put out ao eye, 
aijt the nosr, cut off u nose or lip, or dii^bk 
any limb or mendier of any subjectof bis ma* 
je^ty, with inieiiritin in so doing I0 m^jfQ ^ 
di»dgurf, In any the uianm^rs belbre-oicaiMt^ 
fKiich his inajtvty^s subject, thai tbaa, wmi^ 
errry such case, the persna ar 
ofTcnding, their 1 ouuiiellors, iid#ffti 
(knowing id*, and privy to 
uforeMtid) t^hnll be, and are th oiAw i 
be feluos, and fihatl suffn tu^ w t 
without benrfSl cdtl 
tion on this tndir . 
Woodbume did 



T51 



8 GEORGE L Trial of John Woodbume and Arundei Coke^ [7S 



fbre> thought, and b^ Iving^ in wiit, UDlavr- ; 
fully slit the nose of EJward Crispe, with an ' 
inteution to maim or disfi^re him therein P 
And, whether Arundel Coke was feloniously 
present at the fact, aiding and abetting Wood- 
puriie in the commission and perpetration of 
it ? To make '^ut this matter, several witnesses 
have been called ; the first witness was Ed- 
ward Crispe himself, who informs you, that 
Arundel Coke married his sister, and Mr. 
Brown, Coke's sister; and that last New- 
year's- day they were iuvited to sup at Mr. 
Coke's ; and that before supper Mr. Coke pro- 
posed to ffo to Mrs. Monke's ; and that after 
supper, about ten o'clock at night, Mr. Coke 
called Mr. Crispe out of the parlour to go to 
this Mrs. Monke's ; and that when they had 
walked three or four turns before the bouse 
where Mrs. Monke dwelt, Coke stood still, 
and made a noise like a hallooing, which 
made Mr. Crispe afraid, being dark, so he 
made toward the wall ; but in a quarter of a 
minute's time, a man came and kuock(:d him 
down : who that man was, nor what Mas then 
further done to him, he could not then tell, 
because by the blow he lost his senses for some 
time ; but afterwards he got up again, and re- 
turned to Air. Coke's house, from whence he 
came, but in a sad condition, much wounded 
and bloody, where Mr. Sturgeon the surgeon 
came to him, from whom you have the par- 
ticulars of his case. He says, that Coke was 
close by him when he was knocked down ; 
but did not hear Coke say any thing. He 
also says, that upon his death 100/. per annum 
would have gone to Coke's wife, as one of his 
sisters and co-heir. 

The next witness is Mr. Brown, who mar- 
ried Coke's sister; and he savs, tliat he, his 
wife and daughter were invited to sup at Mr. 
Coke's the evening of New-year's- day ; that 
he came about six o'clock, and found Mr. Coke 
and Mr. Crispe drinking a glass of wine in the 
parlour before supper ; that he sat down and 
drank with them till supper, that after supper 
they three came into the parlour again, and 
some time after Coke went out of the room, 
and then came back again, and called Mr. 
Crispe out of the room, who followed him ; 
that Coke returned again in about ten minutes, 
and seemed to be out of breath, as if he had 
beeu walking faster than ordinary ; thatCoke's 
house is distant from the church -yard alraut 
twice the length of the shire-house; that 
Coke, af\er he came in, drank a glass of wine ; 
and that Brown asked Coke what was become 
of Mr. Crispe ; and that Coke said, he be- 
lieved he was gone home in the dark ; and that 
in about two or three minutes after Mr. Crispe 
came in much wounded and bloody ; and that 
it was about half an hour between the time of 
Mr. Crispe's going out and returning again. 

Mr. Sturgeon the surgeon swears, that being 
^ent for, he came to Mr. Crispe about eleven 
o'clock that night ; that he bad lost a great deal 
of Mood, and waa very much wounded; and 
that ia the whole he bad reed? ed ae? ea die* 



tinct wounds, which he apprehends were by to ^ 
many several blows. He hath given you a 
particular description of the several wounds; 
the second wound is that which ia alleged to he « 
within this statute. He tells you, that thia 
wound divided the right side of the nostril ; and 
that though the edge of the nose was not cut 
through, yet it was cut through in another 
place; the nose was.slit; there waaacutfroA- 
without into the nostril : indeed the slit was ooi 
very great, for he sewed it op with one atitch ; 
but he is sure that a slit there was, and ^oa 
have seen Mr. Crispe's nose. Now the alitting 
of the nose is one of the particular facta men- 
tioned in the statute. 

Mr. Willet the constable swears, that he waa 
with Woodburne after his commitmeni, and 
that he told him, he was concerned in the 
wounding Mr. Crispe ; that he had been then 
waiting for that purpose ; and that when Coke 
whistl^ to him, he went un*and made the aa« 
sault upon Mr. Crispe vi itn an hook or biil| 
that was new- ground for that purpose, and di- 
rected him where to find it at his house, which 
he accordingly did, and brought it to Wond« 
burne, who said that was the hook ; and the 
lMK)k hath been now produced before you, and 
you have seen it. 

The next witness is Mr. Wetherell the gaoler, 
who swears, tltat the day after Coke waa com- 
mitted to his custody. Coke sent for him up 
into his chamber, and told him, that he ana 
Woodburne had had a design to munler Mr. 
Crispe, and had attempted it several times, and 
desired him to go and secure Woodburne;. 
which he accordingly did. He hath gives' 
you an account how and in what manner ha 
secured him; and he swears moreover, thaf 
Coke told him several times, that he had a de*' 
sign to murder Crispe, and that he employed 
Woodburne, and delivered Crispe into liii. 
hands ; that Woodburne did it with an hook, 
and that he bade Woo«lbume to cut his wind- 
pipe ; and that if Woodburne had not been a 
cow- hearted dog, he would have so done, and 
secured Crispe from telling tales. Wetherell 
likewise swears, that Coke told him, that br 
called Crispe out of his house, went into the ' 
church-yara with him, and there delivered ' 
him into Woodburne's hands ; and he farther 
swears, as to Woodburne, that WcMidburnn ' 
owne<l that he and Cuke had lain in wait se- 
veral times, and at several places, to munler- 
Mr. Crispe ; and as to this particular fact, bn 
gave him this account, that he siruck him %• 
blow with a lim»k, and that not quite striking 
him down, he gai^e him a sectmd blow; anv 
that as Crispe was tailing, he cried out, Gmk? 
damn him ; and that then it grieved him tokil|i^ 
a man witli an oath in his mouth. .el 

Robert MiMin swfars, that .when he bcnHU 
what was befallen Mr. Crispe, he aaid, thai 
knew the person that did the imiA^ or him 
employed the penoo ; and the i 



cause about three yeara and a half 
Cokeeeniforhim. and 
Mr.CriipeoataC 



77J Jw dufigufing Edward Crispe^ A. D. J72f. [78 

Mt wwHil kiMck him on the head ; and that Mr. Criipe, nor the Gnttiog or knockiDgf him 
vhn be asked hiai what advantage that would ■ down with his hook ; his coiifessioD is not e?i- 
ketohim? He replied, a very good estate ; j dence against Coke, but it is against himsHf; 
•ad aft r rw a rda told him, he did not value ten or , and you hear what he liatb owned ; that last 
i«nty euinems to knock him in the head: | barley- harvest Coke sent for lum to mend hia 
Tkm made Bloon reflect upon himself, and was ' copper, and then ordered him to meet him at 
cs e ccm g d that he should have such an opinion ; another place; whicli was accordingly done ; 
af Urn ; and tbeieoo told him, that he would j where Coke told him, that he had a thing for 
■aikiU the jpeatest villain in the world for ten '•. him to do, but it was not to be done presently; 
Mdilmisas Bury. ^ | and if he would do it, he should want tor 

Jaha Carter aweara, that on Friday before i nothing. And when he asked him what it was f 

He said, to set Crispe aside, that is, to kill him ; 
and Coke gave him eighteen pence. That then 
he told him, he could not do it ; that Coke 
solicited him several times afterwards to murder 
Crispe ; the particulars whereof I do not enu- 
merate, because they principally relate to Coke, 
against whom it is not evidence ; but yet thej 
so far relate to Woo<iburne, as to shew hu 
knowledge and delilieration in thia matter; 



iMw-yar'a-day last. Coke sent Woodbume to 
Uai,iildl him that his master Coke wanted to 
tpttk with bina ; that thereon he went to his 
^MK, and was ordered to come up to him in 
kb ckamher, which he did ; and there Coke 
ios mnircd, 'Whether he could help him to a 
fasdrtraoip hofse ? And then told him, that he 
haal he bad kwt much of his business ; he 
Wit iron, nor coal ; and that he had a thing 



that #ould make a man of him ns therefore to come to the day whereon this fact 
-.1 - *.,-! «i...>.^.. — !,«.! !.:.« ,..i.«. ! was done, Woodburncsaitb, that about eight or 

nine in the morning Coke sent for him, and 
told him, that that day they should have the 
fairest opportunity to kill Mr. Crispe ; and it 
was agreed between them, that iVoodbume 
shoii'd be in tlie chiirch«yard, at Mr. Morrice'a 
porch, about eight o'clock in the evening. He 
accordingly went with his hedge- hook or bill, 
which hatli been here product. Coke came 
out to him twice by himself, and the third tims 
a little after ten o'clock Coke and Crispe came 
out together ; and then Coke whistled, which 
was the signal between them; and thereon 
Wooilburnc came up, and owns, that ivitb hia 
h(K)k he cut and knocked doun Crispe, and 
that though he never hennl Crispe swear before, 
yet thnt now, as Crispe was falling he swore 
Ciod dair.n him ; whereon he gave him those 
spvcral n:iier wounds and blows that Crispe 
icceivt'd; and then reflecting on what he hid 
done, inimcHlintolv wentto his own house, where 



r«he li«ed; aud thereon, asked him, whe 
ifccrht CQoid keep a secret, and one of the 
^|Ul secrets in the world? And upon his 
triHf him that he could, be asked him whether 
bcwkl cut five or six men's heads off without 

I of conscience ? And when he told him 
ilhat was too much for a man's conscience 
fekir, be told him, there were those above, 
■aaisg the South -sea gentlemen, who ha«l 
Asc tea times worse, ruined families, and bcg- 
^ti gentlemen ; aud that to cut men's heads 
4 was bat a trifle to them. Tliat hereon 

told biro, he believed he spoke only in 




MMTupie of convcienccP And whrn Carter 
•N bini, No : Then Coke told him, xi' he could 
■I est off a man's head, and lay it tiown en a 
ftMt before him, he was not for his turn ; and 



save him a glass of brandy, and bid him > he was about to take a rope lo hung himself. 



tr of it tor a day or two, and if he could 
^ a man's head without scruple of con- 
e, he khoutd have plenty of gold and 
and any thing else he should ask: 
Carter repl\ ing, that he needed no 
9-atioD, he could not do it ; then he bid 
Dd Wnodburneto him ; which he did. 
■h all this discourse between Carter and 
, Ui I do not find that Crispe was the person 
Ion nliom this outrage should he com- 
I; Itul Carter, who is a tenant of a houso 
!.Cn«pe's, says, that Coke told him he 
i tbe bouse was out of rcpnir; that it 



I'y this dofcnce of Woodhurne, you see that 

he (ioth not dtny the assaidting and wounding 

of Mr. Crispe ; * buL that that he chiefly insists 

on is, that what he did was by the solicitation 

and procurement of Mr. ('okc; which is no 

justitication or excuse. Ilowcvrr, h-^ hath 

I called two witnesses, Ann and Surah Wond- 

I hnrne, his two daughters, to prove that Coke 

, did frr(piently semi for their talhcr, and often 

I came to him at his own house, nnil would be 

. in private ronfereiiee tojjt?lhor, whi<li probably 

was ai>out this m:itt(T; but if it were, this only 



I confirms w h:»t WorMlhurne insists on, that he 

be bis af^er Mr. Crispe ; and asked him, \ was solicited and hired by C(*ke to do this fact ; 

be would not like it better for Coke to ! which, as I said, will neither justify norexouse 

m in repair, as be had done before, whilst him ; fur no man is to obey the umIh^^ f uI com- 

€ri»pe'8 steward ? i mands, or hearken to the illegal advices of any 

*tbe substance of the evidence given ' other person whatsocfver. 

* prisoDers at the bar, to prove that I As for i>lr. Coke, that which he principally 
^•nsly. and by lying in wait, have | puts his defence upon is, that his intent was to 
Va'nosewith an intentto disfigure i kill and murder Mr. Crispe, hut not to maim 

him, or to slit his nose, or to disfigure him in so 
<loing; and therefore, though in |iiirsuanre and 
execution of the attempt to iiiurdcr .Mr. Crispe, 



^ BSt deny tbe tfenersi fact, 
^iV ia wait to assault 



79] 8 GEORGE L Triai of John fVoodbume and Atundd Coke, [80 

tfaeyiUi bit nose, or miif^bt tberdiy disfigare 



D, yet tbat not beiniif their iDlention and de- 
sign, ne is to be acquitted on tbis indictment, 
wberein tbe intent of tbe party is one of tbe 
principal inin^ients to make him guilty. Tbb 
same defence will serve ateo for Woodburne, 
that they intended to munler, but not to msiro ; 
"and if they did maim, it was with an intention 
to kill and not to disfigure. Now tbis indict- 
ment is, a<« 1 told you. fouodiM on the S9rid 
and SSrd Car. 9, c. 1, fur that on purpose, of 
malice fore -thought, and by lyinij^ in wsit tbr 
prisoners did unlawfully and feloniously slit the 
nose of Edward Cris|ie, with intention in so 
doing to maim or disfigure him. Woodbunie 
is chsrged as the actor or principal agent, Coke 
as being present, aiding, and abetting ; which 
in point of law, is the same, as to the guilt and 
conscience, both being in law principals. 

That this attempt on Mr. Crispe was de- 
aigned, malicious, and by lying in wait, the evi- 
tlence is very strong ; there has been also very 
•trong e\ idence given, that the nose of Mr. 
Crispe was slit by Woodburne, and tbat Coke 
was present on tbe same design with Wood- 
burne. 

But the thing chiefly insisted on is, that the 
slitting of Mr. Crispe's nose was not with an 
intention in so doin^ to maim or disfigure him ; 
and if it were not with that intent, then the pri- 
aoners will not be gailty upon ibis indictment 

Now, gentlemen, wluit the intent of these 
persons was in slitting Mr. Crispe's nose, you 
are to try ; this is a matter of fact for your 
consideration and determination : it is the same 
ID other felonies, where the intent of the porty 
makes the crime. Burglary is breaking open 
sui bouse in the night time, with an intent to 
commit a felony ; though no felony be com- 
mitted, yet if tnere was an intent to do it, it is 
burglary ; which intent is to be tried by the 
jury. Larceny or theft, is taking away ano- 
ther man's goods, with an intent to steal ; if it 
were without such an intent, it would only be a 
trespass aud no larceny ; but whether it were 
or were not with such an intent, is a matter of 
lact to be enquired into and determined by the 
jury. Nay, the intent is so necessary in all 
felonies, that a person who hath no intent or 
design, as a ma J man, lunatic, infant, &c. 
cannot commit felony for that very reason ; 
•because he cannot have any intent or design in 
his actions. So that in this case you arc to try 
no other matter than what is tried in other 
felonies, viz. the intent of the party. 

Now, how is the intent of the party dis- 
covered in other cases? by the facts them- 
selves, by the precedent, concomitant and sub- 
aeqoeot circumstances of the facts, by the 
manner of doing, and the like. 

There an; some cases where nn nnlawfiil or 
felonions intent to do one act, may be carried 
■over to another act, done in prosccatton 
thereof; aud such other act will be fdany,* 



• See Leach's Hawkinses PkuoftlwCmnii 
■ 1, c. 99, 111, 



because done in prosecution of an nnkwfal or 
felonious intent. As, if a OMn shoots at « 
wild fowl, wherein no man hath any property* 
and by such shooting hsp|>ens unawares .to kill 
a man ; this homicide is not felony, but only 
a miitadventure or dianoe-medley, bcoinsaJt 
was an accident that happened in the doing of 
a lawful act : but if this roan had shot at a 
tame fowl, wherein another had property, but 
not with intention \o steal it, and by such abooi- 
ing had accidentally killed a roan, he wouM 
then have been guilty of manslaughter, be- 
cause done in prosecution of an unlaiHul actios, 
viz. committing a trespass on another*! wp' 
perty : but if he bad had an intention of steuiiiff 
this tame fowl, then such accidental killinf it 
a man would have been murder, becautt Swe 
in prosecution of a fekmious intent, via. as 1^ ' 
tent to steal. So a man of malice intends la 
bum one boose, in execution thereof he bappcM 
to bum another house ; tbii is a maliciona ani t 
felonious homing of this other house, becauN ' 
sprung out of a malicious and felonious intent, t 
The like may be instanced where poisoa is in* « 
tended to be given to one person, and anolfatr = 
takes and eats it, and tiiereby dies. And otiHr ^ 
cases there are of the like nature, where noli :- 
done in prosecution of felonious intents, psrtiei- >: 
pate of the nature of their origimd from whsnon ^ 
thev spring. ^ 

But now the indictment on this statute is Ar ^ 
a certain particular intent ; for purposely, !■»• ^ 
liciously, and by lying in wait, slitting Mr. •- 
Crispe's nose, with an intention in so dotnf In ^ 
maim or disfigure : and you are to conadv« ' - 
whether the ingredients necessary tomakelUi ^ 
a felony within the statute, have been provndii ^-~ 
your satislaction. The facts necessary ta kn 
proved on this indictment are, tliat on pnrpaii^ 
and of malice fore-thought, and by lying i 
wait, they unlawfully slit the nose i^ Hb.^ 
Crispe, with intention in so doing to ma' 
disfigure. As to the fact of slitting the 
that is directly and positively sworn: 
can be no doubt but that it was an unl 
slitting. Then the next thing for your 
deratiun will be, whether this unlawful slil 
was on purpose, of malice fore- thought, ^^^ 
by lying iu wait? As to this, a great denV 
evidence hath been given ; and what 
before, and at the lime of the fact, will 
you herei n . A nd i f on a review of the cvii 
you sliall be of opinion, tbat this unlawfiikV 
ting of the nose was on purpove, of malice 
thought, and by lying in wait* ; then tla.^ 
question will be, whether this was an iii%. ^ 
to disfigure ? Facts do in some mesavk 
plain themselves ; and the circumstanc- 
coding and accompanying those facts* 
manner of doing them, do many tina 

* As to what is or not a lying in v^h. 
this stotute, sne inLeacb,llMCaiHC^ 
Lee^ O. B. inly, 1743, of TIm^ 
Feb. 1778, and of Jobn MUk. ^-' 
iBftaMimTW» 





Jor disfiguring Edward Crispe. 



A. D. 1^22. 



[82' 





Mf tx^Uun mnA ilecUre the intent of the party* 
TVpTMittftef, Mr. Coke, (which tlefepce goes 
Ml to bim »ud Womlburue) iuihtSf that their 
blmliwo mrns in murder, anrl ntit toiuaiiiv; and 
llbl if ibej ilid totiim or sht the nose, it was 
«iCb«i mi4:nUon lu kill, aoil not v^ith aa in* 
ICfttifNi to maim ordts^uie. On the other side, 
it k miistctl on hy the kiag'ei oouo^l, that 
dnilfli lb« tiltimare iDtention might he to mur- 
4ir, |tf tHrre might bv aliio an intention to 
.naioi firf disfigure ; and though the one did 
tikr eifffct, yet the other might: an idten- 
tktl^ lltl doiii not exclnde an inlt^ntion to 
wd di&fig'ure. The instrument made u&e 
ii ikis aiWmpt ww a Inll or hedgiog^-hook, 
in lis own nature is proper for cutting 
UN QiMoiiDg' ; and where it doth cut or maim^. 
^itA Dec£&s&ri1y , and by consequence disfigure, 
IWaileoipl in lend ed on Mr. Crispe was ini- 
ly to his person, to do him a personal 
B«f%tde!i« ihe manner of doing and per- 
this fact is proper to be considered ; 
wms d'icie by fiolence, and in ihe dark, 
liie ussailani could not well make any 
\ii lows; but knocked and cul on 

I Crispe's body, where he could, 
tUUe btfd «^utik him down, and done to bim 
uliat^rer t^Ise he pleased. And if the intention 
was to murder, you are to conisiider, whether 
tfcr means made U9e of in ord^r Vi elTect and 
•ocKimplisii th&t murder, and the coDse^juences 
of thflie means were not in the intention and 
dcsi^ nf the party ; and wlielher every blow 
aoii cut, and the eousequencefl thereol, were 
mM isiended, ms well as the end for wliich it in 
•IklCed tituse b\o^M and cuts were f^iven ? 
All llie»e several things^ which I have naen- 
4re proper for your consideration : you 
•lid Uiem to your own observation 5 ; and 
tlie wholu, you are satisfied from the 
4 that WoodUurne did on purjiose, and 
fliftlice fore-thonght, and by lyings in wait, 
folly slit tbeuo§e of Edward Cri!<pe, with 
inlcfliiino^ in so doing, to niatm or distigare ; 
•Ml that Arumlel Coke was ielomously present 
M ibe cumuiiaifrioh of this fact, and aiding and 
Abetting therein ; then you will find them 
Gmlty : but if ibis hatli not been proved to 
yoor •ftlistaction, then you are to acquit tbem, 
mti dud ihem Not Guilty. 

rTbeii the Jury withdrew to conKider of 
Ib^r verdict, and in about hatf an hour (Returned 

Ci. tif Arr. Gentlemen, answer to your 
—Here, (and so Ihe rest,) 

CL ^ Arr, Gpnilemeri, are you all agreed 

I fMir terdict T — Jurif, Yes. 

& Iff Arr, W bo shall say for you P 

Jmmi^ Our foreman. 

€L\^ Arr* John Wood bo me, bold up thy 

mL (Which he did.) l^ook upn the pri* 
bow say you ? Is John Wooilhurnc 
Goilly of the felony whereof he stands indict* 
«d» or ^«t Guilty I ^Foreman. Guilty. 

€k ^Arr. Wbat goods or chBttcls', lands or 




VOL. XVI. 



Fart man* None to our kn^wlalg^. 

67. of Arr. Arundel Coke alias Cooke, bold 
up thy biind. (Which be did.) How say you ? 
Is Arundel Coke alias Cm>ke Guilty of the fe^ 
lonv whereof be stands indicted, or Not GuiJtyf 

Foreman, Guilty* 

CL of Arr, What goods or chattels, lands or 
tenements ? » 

Foremttn. None to our knowledge. 

CL of Arr, Then hearken to your verdict, 
as the Court hath reconied it You say, that 
John Woodburne is Guilty of thefelony where- 
of he stands indicted : you say, that Arundel 
Coke alias Cooke is Guilty' of the felony 
whereof be stands indicted ; and that neither 
tbey, nor either of them, bad any gowls or 
chattels, lands or leuetnenls at the lime of the 
felony commilted, or at any lime since, to your 
knowletlge. And so you say alL 

Jury^ Yes, 

Coke, i desire to know of your lordship, 
whether the no«e can be said to be slit withm 
the meaning of this statute, when the edge of 
it was not cut thru ugh ? 

X. C. J, U is true, the edge of the nose was 
not slit, but Ihe cut was athwart the nose ; 
w hich cut separated the flesh of the nose, and 
cut it quile through into the nostril : this I tak« 
to he a slitting of the note * ; and the surgeon 
swore the nose was slit* 

On Wednesday, the 14lH of March, Joba^ 
Woodburne, Arundel Coke alias Cooke^ and 
one Ed^vard Shorter, who was convicted of 
burglary* were brought to the bar, in order to 
receive their Sentence ; and t be Court pro- 
ceeded thus : 

CLqfJrr, John Woodburne, hold up i\\j 
hand. ' (Which he did.) Thou hast been in- 
dicted of telony^ on the statute, tor piirposelv, 
^rialicioufflv, and by lyin;^ in wuit, slitting tfie 
.tose of Edward Crispe, gf nt. with intention in 
so doing to maim or disBgure him. Thou hast 
l>eeQ thereupon arraigned, thou hant fdeaded 
thereunto Not Guilty » an«l for thy ir»al tboia 
hast put thyself ujjon GimI and thy country ; 
which country hatb founri thee Gudty ; what 
hast thou to say for thyself, why iho Court 
should not proceed to give judgment of death 
upon thee, and award execution according to 
the law ? 

To fvhich Woodburne said nolhing-. 

a. (f Arr. Arnndel Coke alias Cooke, bold 
up thy bund. (Which he did,) Thou bast 
been indictetl of felony, on Ihe statute ; fur be- 
ing feloDiously present, aiding and ubettifti^ 
John Wooilburne, in purposely, maliciously, 
and by lying in wait, slitting the noi»e of Ed* 
ward Crtspe, gent, with intention in so doing-, 

* Whether a transverse cut is a slit, wo» 

much debated in CarrolN Case, July SeiisioDK 
at O. B. 1765. See EsM's PIcos ot liie Crown, 
chap, 7, s. 3. There is an account of tins Case 
and of the prisoners in the Annuat Regbter for 
1765, p, 314. 8ce, too^ in Leacb, Tu:knet;*i» 
Case,aB< Ftbruary, 1778, 



8Sj 



S GEORGE L Trial of John Woodbume and Arundel Coke, [84 



to maim or diffigure bim. Thou hast heen 
theretijiOD arraigned, thou hatt pleaded there- 
UDto Not Guiltj, and tbrtbv trial thou hast pot 
thyself upoQ God and thv country, which 
country hath found thee Guilty; what hast 
thou to say for thyself, why the Court should 
not proceed to give judgment of death upon 
thee, and award execution according to the law ? 

Coke, Though your lordship did not think 
it proper yesterday to assign me counsel, yet 1 
hope your lordship will now gire me leave to 
speak for myself; especially, since I am the 
first unhappv instance oF an mdictmeot on this 
statute ; no mdictmeut, as far as it appears by 
the law-books, was ever yet founded on this 
statute, and therefore ought to be very well 
weighed. 

L. C. J. Call the king's counsel, that they 
may hear what is said. 

[Then the king's counsel were sent for, and 
being come :] 

X. C. J. Mr. Coke, you may now go on with 
what you have to offer. 

Coke. My lord, 1 was saying, that I am the 
first unhappy instance of an indictment on this 
statute ; no indictment, as far as appears by the 
law-books, was e?er yet founded on this sta- 
tute ; and therefore it ought to be very well 
weighed, especially in the first instance to 
whici) it appears toliave been ever applied. It 
is a very penal statute, and consequently, by 
the known rule of law, not to be carried beyond 
the express letter of it; consequently no 
crime, of what nature or magnitude soever, 
can fall within the purview of it, but such as is 
identically the same in every circumstance 
with that descrilied by the words of the statute 
itself 

The crime described by the statute is the 
unlawful cutting out, or disabling the tongue, 
putting out an eye, slitting the nose, cutting 
off a nose or lip, or disabling any limb or mem- 
ber, attended with these particular circum- 
itanres : 

First, Ou purpose and of malice fore- 
thought. 



Secondly, By lying in wait. 
Thirdly, With intention in so 



i so doing to maim 
or disfigure, in any of the manners beforc- 
meuiioned in the statute. 

These circumstances must all concur to con- 
stitute that particular crime (Wscribed by ilie 
statute ; and where any of them are wanting, 
of what magnitude soever the oflVnce may lie, 
It is nut the ofi'uuce uhich tl)e statute has spe- 
cified. 

If the first circumstance be wanting, no man 
can say that any ofTf^nco, though attended with 
the two other, can fall within the statute; this 
is suljiciently plain of itself. 

As to the second ; A and B, of malice fbre- 
thought, appoint and meet to fight a duel ; A iu 
the j-encounter runs B into the eye, and puti it 
out ; no body has ever imagined this to be 
within the statute, because the GircaiMiiioe of 
tying iu «i ait it hero wtnling. 



As to the third ; suppose A lies in wait to rob 
B, B resists, and in the scuffle is wounded, ai 
the statute describes, but gets off. This is a 
case which very frequently happens, yet no 
one ever thougnt it to be within the statute, 
nor was any one ever indicted for this upon it i 
The only reason of which must be, because the 
intention was to rob, and not to maim and dis- 
figure the person. 

In my case, if it be taken upon the evidence 
of Mr. Crispe, nothing moi-e appears than the 
assault itself: If my confession be read, the 
lying in wait, and the malice forethought will 
lie proved ; but then it will be likewise proved, 
that I had no other intention but to kill, and 
had no other part, but by giving order* to 
Woodburne for that purpose ; and my confea* 
sion must be taken together. 

Nor is it an objection to say, that the crioM 
which is proved by the evidence is much worn 
than that which is described by the statute; for 
if it is worse, then it cannot be the same. Even 
iu cases of crimes by the common law, if opoa 
an indictment for a crime of inferior nature, the 
evidence proves the fact attended with circum- 
stances which brings it within the description 
of a crime of a superior nature, the person in- 
dicted must be acquitted. At summer asaises 
at Dorchester, anno 1713, a woman waa in- 
dicted before Mr. Justice Eyre, for the mnrdor 
of another woman ; upon this evidence, it ap- 
peared, that the person murdered was her m»- 
tress, which made the crime petty -treaaon. 
Thejudge directed this matter to be specially 
found, and upon conference with all the judm 
it was held, she ought to he acquitted upon thia 
indictment, as she accordingly was ; and wai 
af\or wards indicted for petty- treason, and con- 
victed and executed thereupon. 

Where a new offence has been created by 
statute, or an old one made more penal, the ut- 
most strictness has always been used to comply 
with the letter of the statute, whatever incon- 
veniencies might result from such a restraint. 

As for example: 

Bv the statute of the39E1iz.cap. 14, dervy 
is taken away from auy person or persona wbo 
shall be convicted of taking any money, goodi 
or chattels out of any dwelling-house, £c. in 
the day time, to the value of 5s. One Evun 
and one Finch were indicted on this statute, 1 
Croke, -173, .Evans and Finch's case : Th« 
case was thus upon the evidence, that Etanf 
by a ladder climbed to the upper window of one 
Andley's bouse, and took out thereof 40/. ; and 
that Finch stood upon the ladder in view of 
Evans, and saw Evans in the chamber, and 
was assisting and helping to the committing of 
the robbery, and took part of the money : ^J^oa 
a spt;cial verdict it was adjudged, that becauN 
Finch did not actually enter the chamber, and 
take the money, tliough what he did auiountai ' 
to a taking by construction of law and was aui^ 
a taking as made him a felon ; yet fbto ve 
letter oft all penal atatutea must lie pursued,' a 
tbcnibre be, id eif, Fiochi lied hia cle^^i 
EvaniwnihMigcd, 



J6r disfiguring Edward Criipe, 

nill^bt he put of this kind af 
f is lJ>e <?<^n5tnTriirnj uffietial statutes. 

: By I lie statut* of 

lakeii away from 

n'theJelu- 

tnares. — 

' ti» to the 

' : cecJ to he 

^ vir* o t.rlw*. 6, cap- 



l^if lllis^j 



if lllis 11^ 
rMaiiite Oiuul-, 




S^I»49Ml» Ibdit SI (ier80ii convicted Ibv feloni 
"* <— 4y iiflilin^ opg horie, i»hould be ousted of U\s 
m Itie «aJii<e lunnnerfts if he stole two. 
ktm llii^ ca-« rnoiiL^h to saw the jury 
c encefiow 

laJ r of law, 

hi iUm f tiUr(icc« iktuu itdiiiitied on all 
titu^Uctit to iiup|iort ibis intlicttnent. 
Vi wfTV' io ft civil oi«^t tbe party migbt demur 
ti4c rtkleficr. But if he is not allowed tbat 
%lfffm critaiaml emacst^ it is upou (he common 
Vl^tkil the iud^« are iUt prisoner's couo< 
fifiiiare ohitg^B Io dett;riiiii)e alt the oiat- 

ifkim ansaii^ upon the evidence, qs ranch 
ll#(bf {lersofis bad dexuurreU to that evi- 

liifMia IhLi cttse* lUe prisoner adtolts the 
fllBBT ffi^cQ 10 be true, and insisis upon it, 
iMgim noi ffuppirt tbe indictment; and 
iMiiWv liat a rij^il Io bare the opinion of tbe 
pl^ tbenni(>i>ti| n» mucli as if the evidence 
ilt ilafttd mt It^nglh upon tbe record (us it 
«li he itk tliB ewe f^f a demurrer to evidence*) 
ii MlhioiE oxir ^"-H to tbe jury, but 

Iflii jii'lt^i * H as to point of laiv. 

IlitllheMf cx&i^, theiefore, my lord, ii has 
km anml to aUow the fact to 'be specially 
kii; which gtfei the prisoner the advantuj^e 
^ sifkt bars bad by tbe denaurrer of tbe 

bi). iir/Ay* My lonl^ T do agree with the 

•I th^ bar, that this is a very penal 

4m] that these facts nutst be made out 

M ii' : Uer of the act, 

i^ ifileotioti m^ ^f mulice fore* 

, 10 mairn - : h a manner 

ftmtuie t ^ wait for 

,«rfaM»; a *. — .., "• ... ^tiring ac 

MHfffjr ; mini an abetting and hein^^ priyy to 

^■rMa : Tlieae are all fai'l» which the jury 

«i| omkl dderTDtne, vWUfr by poi«itive^ pre- 

cirrmiJ^lauUal evidence, for no 

iBniui^lili . nj( can be otberv'iwe 

' f^A h\ 'US. My lord chief 

laili Mi the M ikvid evidence of nil ihese 

thr jsKV, who by their verdict have 

icts at laid in tbe indictment » 

yb^dy can now*^ open hia mouth : 

^rrUcaJ, itowlbrt, thai nt» matter of 

b ariiBO, aait tbat nhai bath been in- 

1 « by the pntODtTi it beaide bis case, 

~ " per* 





have 




'y; cau 


Luke. 


that 18 


TV ii» at] 


yftiult 



rciuy i» aaiwer ftoy 



objection* he shall muke apfainst it, Thai he 
does not pretend to. What is now offeped by 
him i« aepainht the verdict, and contrary to vvhat 
\% found by the jury. 1 bet^ your lordship's 
leave to fpwe an answer to the onjeciions he is 
pleased to make against the verdict, however 
in^propci'ty and out of time maile, for the satit* 
faction of himself, and of il«e persons here pre- 
sent, I awree a penal act shall not l»e constru- 
ed by equity* or carried further than the words 
or letter of ilie act, as the cases mentiont'd by 
hioi do prove ; but affirm, that this present 
case is within the words and meaning of the 
acf : For though the ultimate intent of Mr. 
Coke might be to murder Mr. Crispe (ss by him 
is alleged in excuse for himself) all the means 
made use of to effect that intent were also on 
purpose, and such blows could not be given by 
ao instrument, without an intent to maim and 
disfigure. They were given by one lying in 
wait on purpose ; and the fact and manner 
of doing the same sntficienllv prove, and are a 
certain and necessary indication of the intent, 
The defendants might have an intent to cut off, 
or slit the nose ; put out lui eye, or dismember; 
and an intent also to kill and destroy ; one in- 
tent did take effect, the other not. Tbe de- 
lendaots ought not to answer for whal was not 
dune, but oti|{ht to answer for what was done, 
which was the slitting of ^Ir. Crisne's nose, on 
purpose io maim and d it; figure bim, by one 
lying iu wait ; which is all thai 1$ required by 
(lie act. 

As to the objecdon ; that if A and B go to* 
gether to fight a duel, if A slit the nose of &, 
tbis is not withio tbe act; the reason is, be- 
cause there is no lying in wait. 

Ab to the case of A lying in wait to rob B, t 
with great submission do say, that if A lie in 
ivait to rob B, and to effect that purpose with 
tbe greater ease, A on purpose dismeml^ers B» 
or put« out his eyes^ or does any other tact 
prouibiied by the act ; though A be hiudeied 
from robbing B, he is within the act of narlia- 
ment; for tbe intent and purpose to rob, will 
be no excuse to one who shall commit the facta 
proliibited by tbe act* 

As to the case of Evaos and Finch, Cr. Car, 
473, on 39 £K which takes away ibe clergy 
from bim that enters and steals : Finch was not 
within the statute, aud had his clergy ; for the 
express words of the statute take away the 
clergy from him that enters the house, which 
Finch did not. As to the indictment of a ter- 
vimt for murder, in kdhng her mistress ; it it 
plain, thai it is a crime of a higher degree than 
murder, it is an offence of another species, it 
is peit}' "treason and not murder. 

The same answer may he given to the other 
cflies mentioned, wbere the words of an act of 
parliament are express. No case shall be con- 
strued ivilbin a penal act, but what is within 
ttie words : But as t4> the prevent c^ise, the 
jury have found every fact that the act of par* 
liament ref|uires, that an uulawfut assault waa 
made on Mr. Crispe by tbe prnoners *, that his 
noae wad slit on purpose to maiiu and diifiguff 



4 



87] 



8" GEORGE I. Tfial of John Woodbume and Arundel Coke, [88 



liini, hy 1>'iu£[ in wait. And all these facts aire 
proTed by plain, clear, and I beliere conviocin]; 
evidence, to every person that beard the trial. 
I am sure the prisoners can not complain of any 
hardship done them ; the prosecution was car- 
rietl on for the sake of justice, for the safety 
of his majesty's subjects. This bein? the first 
instance of a crime so heinous, cruel, barbarous 
ftnd inhuman, that has been committed since 
the making the act of parliament, it is hoped 
by this prosecution a second will never be com- 
niiitted ; for which reason, I pray your lord- 
ship's judgment for the king against the pri- 
soners. 

Mr. Raby. My lord, f did expect at thia 
time I should have heard, from this unhappy 
{gentleman, something in arrest of judgment : 
Something to shew that this indictment and 
record now before your lordship in judgment, 
had been insufficient, and sqcn as your lord- 
ship could not have proceeded upon to give 
judfgment against the prisoners : 1 do not per- 
ceive any thing has been objected to this in- 
dictment or record ; and therefore since no- 
thing appears, or is objected, they must be 
taken to be sufficient, and such as your lord- 
ship ought by law to give judgment upon 
against the prisoners now at the bar. 

But this gentleman has been pleased to take 
•notice of the act of pariiameut on which this 
prosecution is founded: He has also made 
ffome mention of the facts which have been 
given in evidence against him ; and cited some 
cases (as I apprehend) to shew, that penal sta- 
tutes, and criminal acts ^f parliament, ought 
not in construction to be carried beyond the 
letter and words of the act. This which he 
has offored (as 1 take it) is now meant to shew 
(or at least that he apprehends) that from the 
evidence given, it has not fully appeared he is 
guilty of^the offence with which he stands 
char^, within the strict words and meaning 
of this act of parliament : And for this end he 
has been pleased to make some observations 
from the words of the statute, what things he 
n|iprehcnd8 to be necessary to bring him with- 
in the compass of this act, viz. that such woun^ 
or maiming, as is described by the statute, 
ought to be, 

1. On puqiose, and of malice fore4hought. 

2. By lying in wait. 

S. \Vith an intention to disfigure. 

All tliese have been already admitted to him ; 
and he will see every one of these circumstances 
not only taken notice of by us in our observa- 
tions upiin the evidence, but also more fully 
by your lordship, before the jury gave their 
Terdict. 

But with what intent this fact was done, 
whether of malice fore-thought, by lying in 
wait, and with an intent to diangure, are 
circumstances only to be collected t'ntm the 
evklenceand tlie nets tbemaelrea; cfirhich 
neither we nor the court can datarmiBC, but 
can onlT be enqnired of, and 
ly the Jury ; and tbcnfbrai jthoapii ll 



be a full answer to what is now objected, 
to say, that the jury have considered of 
tlie evidence, have determined upon it, and 
found you guilty of the indictment, with all those 
circumstances which the prisoner objeels are 
necessary to bring the offence within the ita- 
tute ; though this, I say, might be answer; 
yet for the justice of this prooeedinf , and te 
satisfy the prisoner in his own olgectiona, jov 
lordship will permit me to take notice or tiM 
cases cited, and also to recollect the evidcMi^ 
so far as the prisoner hath made it mil— j 
to repeat it. 

I confess it is with concern I mentioa it 
again; for I would not do any tbimrwhieli 
mi^t add to the weight of those afflifltfena 
which this unhappy p^tleroau ia under, kmi 
not he himself made it necessary to take te- 
ther notice of it. 

As to the cases cited, only two of tlMB 
which he mentions are cited to be adjndoad % 
that at Dorchester by Mr. Justice Byre, thala 
woman was indicted for murder, and upon eti^ 
deuce it appeared to be a different offence, via; 



petit treason, for she had killed her miitmi | 
and that thereupon Mr. Justice Eyre cau aejl 
her to be indicted for petit- treaaon, and she wae 
convicted. Certainly, my lord, that jodgmeal 
was right, and very just'; for when it apneaiad 
upon evidence that she was guilty of a oiiliBlt 
and different offence than that of which abertwi 
indicted, could any thing be mora just, tba»ti 
cause her to be indicted for that offence, ofwMdb 
upon the nature of the evidence, ahe anneaMl 
to be guilty ? The second case cited or Ifiaaa 
and Finch (which is reported in Cro. Cw.) b 
no more than this : Evans went up a ladfMr» 



opened a chamber window in the Temple,^ 
in and robbed the chamber in the day tiaa ; ' 
Finch held the ladder, and stood at the foot of ^ 
it when Evans entered : Evans was bangiaiy ' 
Finch had his clergy, and was only homi ia ' 
the hand ; and with great reason': For the ilB^ [ 
tute, S9 Eliz. which takes away clergy, talua ' 
the clergy only from him that enters; aai 
therefore to have taken the clergy from Fiaoht 
who did not enter, had been unjust and nn- ' 
reasonable. And as to what is mentioned of 
tbc sUtute S & S Edw. 6, cap. SS, made il 
explanation of the statute which took dcffj 
from him who stole horses, and to take dcin 
from him who stole only one horse, tberoM ' 
such an act of pariiameut ; but this act Mi ' 
the cases cited, only shew that regard hai al* " 
ways been had, not to extend penal ati ' 
beyond the worda of them. But before 
cases were mentioned (snd indeed had thOT* 
never been cited) this rule of constmetioo hm' 
been alk>wed to the prisoner ; for all the pw* 
ticulars now insisted on by the prisoner we 
before taken notice of by the Cotut, aadrMl 
stancea necessary to make cat the ofr 
against the priaooer: Norhaaoneof 





J6r duftgurifig Edvonrd Crispe. 




^We ta Uie name (>urfi(M«, ami not 
I AtJjiMl|fcJ ; and tberetore I oeed 
Ml ukf fori hrr itolk4> o I i hr rn , Bui cert ai n I y 
ptAlierefici!* c«ti W dmwn from ilie va«:P3 dt<?(j| 

# Mijr lli«r li(ft«i colmir to &jiy, tliose cases 
^#»K*iliMl lh# firismier is ttot ;;Miitiy of the 
liaa if «Uitdi chared wub» aud of wliicb 
kiacoKnet^. 

I 99 «Qrrjf be bus gliren tbia occasion to 
laiTAJO tiie fact which bas been proT^il, 
iboice ti a(t|>eai'« Ibat the jury bave 
lafOiMrttal ao«l just vpnlict* 
t:f9B*«tW forgot, that this Vfns coosulted 
■f Mi^iriitili d fur three years and more be* 
i»iv«i|>Ml tit rxecutioo; and tberetbre it 
inly piirpoaed a»d of malice fore- 
aiaa tbiu il was by lyin^^ m wait. 
CrhIt ibis ttnhftppy gtntteman cannot have 
lif« tW iigiiAl M [jra?e : and to what pur- 

n«« tli9l vifciialf it none was id waiting to 
«r AwS llmt tbia was witb an intent to 
4^f«pc, musi be submitteti upon ihe fact and 
^ cTidH»cv. A man usea a weapon fit to 
IM* awl %n iliafi|^re, be cuta another oo the 
fgt aiifl lioea dkfigure bim^ iha]l he afler- 
^pibir at Uti«:rty fo aay, il was not bis in- 
^li»to ili)f How daiigvroua that would be, 

# ^ Bni » in nrrry one ; tbia act would then 
kaMtiy rinded^ if it aboutd be sufHciont, if it 
4tM armil an oflVnder, i*bo btis maimed and 
4%mil aiMitlier, to flay, Prove that i iotetid* 
lit: It vrotild be easy then to be out of the 
^nk of lliis act nf parbament ; indeed if tbat 

J mmm would be williin it, it would he 
mf wrp&mi of tbift law. It h objected^ liis 
i visa fo ktU : be thai intends the end, cer- 
y iittrfiils ibe roeana* especially those 
ai wUicb he titet ; and the inean^ used 
rcailao^ Mr* Cnape on the face, and dis- 
l^taim I ind the weapon in suctt, th:it by 
I oo th« face witb tbat weapon, could 
»W diipode4 or ex|)ected : And if the intent 
a|»|i#ftr from tbia fact, sure it never 
I aoy : tbc intent of a man^s mind can- 
hut from the act which proceeds 
I hm AtiHf * 
hm ma^t thts ia the firit indictment on this 
I htli«ve there hatb not been many ; 
ia ihM ia an nCimse ao barbarous^ that I must 
|il m iiioh •• aeldom happens, and tbat 
al hiwi of oar country, there was 
t provided ecjual to this often ce : 
, (aa Ihe laws of most nations also 
a^AitiMi tt(Ti'tu^f>n ^bich most fre- 
lif hm|f|Mro ks an attempt so bar- 

iltai it • <' ima|ri"<'(l imy man 

1 1« ao Ivaar und wicked as to attempt any 
f li» it, Bolil )t happ«fied ii» the cnne o1 str 
I C^foitry ; and then such an abhorrence 
^mm by ibr purbHrnrnt, that tbi^ law 
wmdr 8 rui lo prevent the like 

ftmi r It the like od^nc-c, 

»j«*«i>t7 in t*»ve the liJte puniiihment. 
a, but pRiy your lordship's 



' ^"^^ iH" abterTatioiia made at 



ilie bar t»eiQ]^ aAer a rerdid, and therefore otii 
of time, i ahall not trouble your lord:$bip with 
a rei»etiiioo of the facti tbat have been proved ^ 
lurtiter tbati the pHsoner has made it neces« 
sstary for me to tneotion aomc particulan, in or^ 
der to make the answers to what be bath in* 
sifisted on the more clear and plain* 

I believe it has been truly said by the pri- 
soner, tbat the present proseculioD is the firct 
instance oiany proceedir^g- on this statute, and 
I hope it will be the last ; because il is to be 
ho|ie<l there net cr will be found any other per- 
son so wicked, as to gire occasion for a proae^ 
cutioQ on ilm statute. 

1 beliere likewise, that the Irae design of 
making this statute waa to sabject persons to 
deatb, who intended to maim only, where the 
maiming was in such manner as is mentioned 
in the statute ; but I cannot tbiuk that it does 
from thence follow, that a person who intenda 
to murder, and only maims, is not within tint 
statute; for though it bbould be taken that 
there was an intention to murder, ^e\ from the 
fact done, from the manner of doing it, and 
from the weapon made uic of, it seeiiis appa- 
rent that the prisoner intended to maim ; and 
the jury have now found that he did so intend 

As to the cnnes »hicb the prisoner has cited^ 
J beg leave lo consider each of thi m, and offer 
such ansv«ers to tbem as now occur 

The first case he boa been pleased to cita, ia 
thus put : 

A and B, of malice fore*thouglit, appoint ta 
meet and (ight a tluel^ A in the reurouoter runs 
B into the eye, and nuts it out : iht* prii%oner 
says, such a case would not be within this sta- 
tute. 

i agree it would not, because this case baa 
not the circumstances i%hic1i ibe statute re- 
quires; for ill the case thusi put ibere i?i no ly- 
ing in wait, which is a circumstance required 
by Ihe statute. 

J I is said, that if A lies in wail lo rob B, B re- 
sists, and in the scutQe is maimiHl in the man- 
ner described by the statute, tbat such maim^ 
ing woulil not oe punishable by tbiii sutute ; 
but 1 do not observe any case is cited It) prove 
this assertion : and I an, witb submission lo 
your lordship, inchned lo think, tbat if there 
are a lying lu wail, with malice fore-thougbl, 
with intepi to rob, and in proset:utuig ibis in- 
tent the robbers should asiiuult and muim in the 
manner described by the stanit«\ that such 
maiming would be %tithut tliis statute. 

It IS said, that though the intent lo murder 
makes the oAenc^ worse Ibati if the intent had 
been only to maim, yet such intent proves tt 
not bo be the same otfeoce which is meotianed 
to the statute: and if a uian btt indicted of an 
offence of an inferior nature, and ujnm the evi- 
dence it ap|»ear8 tbat be is guilty «f *« offence 
of a superior nature, tlie person indicted mast 
he acquit fed ; and to prove this, a case is cited, 
ivhich is said to have beeti before Mr. Jiittioe 
Eyre, at Uorchealer AAsise^. The caae, aa 
put, is this t A wouian is indicted for Ihe mur- 
der of another woman ; oa Ihe evidence it ap- 



4 



91] 



S 6EOROE I. Trial of John IVoodburne and Atundel Coke. 



geared, that the penOD murdered wu her mis- 
Iresf, which mue the crime petty treason: 
this was found specially, and upon conference 
with the judges, they were of opinion, that the 
woman ought to be acquitted upon this indicts 
ment. 

Admitting this case to hare been adjudged, 
I apprehend it does not aflRect the present case. 

The law has distinguished crimes under 
different denominations; and as offences are 
ranked under different species, so the indict- 
ment must be suited to that sort of crime 
whereof the party is guilty; and therefore 
proving a person guilty of a tact, known in the 
law by the name of petty-treason, does not 
protre him jguilty of an indictment for murder ; 
murder bemg an offence which the law has 
distinguisbed from petty-treason, and to which 
it has assigned a different punishment. 

But in the present ease, that oflence which 
is chai|^ in the indictment, is proved in 
every circumstance, and the facts proved do 
constitute that crime which is made felony 
without clergy by the statute. The statute re- 
quires lying in wait, it requires malice fore- 
thought, it requires slitting the nose, &c. with 
intent to maim, &c. The indictment charges 
these (acts, the witnesses have proved these 
facts to the satisfaction of a jury, which have 
found the defendant guilty of the charee as 
laid. a ^ 6 

The prisoner says farther, that this is a very 
penal statute, and that penal statutes are always 
taken with the utmost strictness ; and to prove 
this, cites a case adjudged on the statute 39 
Eliz. by which statute elergy is taken away 
from any person or persons, who shall l)e con- 
victed of taking away monev, &c. in any 
dwelling-house, &c. iu the day-time, to the 
value of 5s. : and to prove the same mata-r, 
an instance is likewise put of the constnictiau 
ou the statute, 1 £liz. cap. 12, which takes 
away clergy from such persons as shall be con- 
vict of feloniously stealing horses, &c. The 
case in the statute 39 Eliz. is the case ol' Evans 
and Finch, Cro. Car. 473, in which case 
Finch had his clergy, Itecause he did not ac- 
tually enter the chamber and take the money. 
The construction on Kdw. 6, was, that clergy 
was not taken away from a person who felo- 
niously stole one horse. 

But I appiehend neither of these cases come 
up to the case now before your lordship. As 
to the case of Evans and Finch, which was a 
case upon the sUtulc 39 Eliz. By that sta- 
tute a person is ousted of clergy who takes 
away money to the value of 5«. in any dwell- 
ing-houSe, &c. Finch did not enter into the 
house, for he only stood on the ladder ; and 
therefore he was not within the words of that 
statute, which spoke only of persons who look 
away goods in an honse, &c. 

As to the construction upon the atatiite 
1 Edw. a, it is plain that the folonioos tlMling 
one horse oould not be within an aet of jpar- 
it, whwh took awaydeigT otfly mm 
peraoDS as MoDiottsly nolo hoiMib VM 



reason, therefore, of these caaea waa» t! 
facts proved did not bring the persons a 
within the words of the statute. 

But it is not so in the case now befor 
lordship ; for the prrisoner is found guilt 
fact, which is within the words of the i 
upon which he is indicted ; and every c 
stance required to make him guilty ' 
felony mentioned in the statute has beei 
fully proved. 

My lord, I am very sensible that the 
tions taken at the bar being after Terdi< 
not require these particular answers; b 
being a case wherein life is concerned, 
the impropriety will be excused. 

L, C. /. I do agree vrith the prisom 
this is a penal law, and not to be extent! 
equity : that he that is guilt v witliin tl 
tnte, must be guilty of all the circumi 
within it; and if any one of the circums 
prescribed by the statute be wanting, hi 
guilty. Aui therefore in all^ those cas 
"y you* if any one of the circurastano 
scribed by the statute be wanting in ai 
of them, such case is out of the statute 
whether all the circumstances required I 
statute did not concur in your case, 
matter of fact, which the jury, who m 
proper judges, have tried ; and on suci 
they have found them all to concur. Yoi 
to argue upon a supposition of this fact 
otherwise than the jury have found it 
jury have found you gudty of all the ci 
stances within the statute. There vi 
matter of law iu this case, but matter of 
whether on purpose, and of malice fore-th 
and by lying in wait, the nose of Mr. i 
was not slit, with intention, in so doi 
maim or disfigure? And whether you 
not feloniously present, aiding and abe 
I'he jury had the whole evidence before 
they considered of the whole matter, 
preparation and lying in wait to do tb 
of the fact itself, of the means and iostr 
made use of to do it ; of the manner of 
it, and of all tlie other circumstances am 
ticulars relating to the fact : and on the ' 
after they had withdrawn, and com 
amongst themselves for some time, the; 
found yon guilty within the terms and ci 
stances of the statute ; so that though i 
cases put by you should be very good la* 
they 00 not any wise affect yours, becau 
are actually found guilty of the crime 
have you therefore any thing to say a 
the indictment itself? 

Coke. No, my lord ; I hope I has 
glimpse more from the king's most gi 
pardon, that was published in the Gaset^ 

L, C. J. If you offer any pardoo by 
parliament, or under the gieat seal, 
take notice of it, and allow it to yoia 
yoo flBcan only a promiw of a paidoa 
Oaseltey or other public adr a r tiiM aw 

^•pplylbrtinliDaiiotbcrplaflOi t 



Drial efChmtopher Lmfer. 



A. B, 1791: 



[M 



\ I aball haf« the beneAt ^ 
iproausad ; and that hit imh 
moioHriy pleated to fpmoX itne. 
r joa iMvea right to it, yoa need 
tfM wittteTeh: hb majettyit 
hie wiU make ^[otd wbalaoefer he 
4 ; but Ibr thit, jronr applicatioB 
ediirtely m hit majettv. 
If of your hmlthlp that you will 
, that 1 may not be hurriM oat of 
mtlv. 
ilMlf ctnaider of it, and gire yoa 

^krr. Cffy«r, make an O Yet. 
wt aoTereign lord the king doth 
ft and command all manner of 
me^ -tikBee, whilst jndgnient is 
Ihe pff in uuera convicted, upon pain 



r«a Uwt are the prisoners at the 
t been indicted and conricted of 
id hcuioat oflencet; I am reiy 
• hmve been the ooeation of bring- 
Hto imfiMtunate ends, and that 
I idanrboly neceasity on me to 
bn WBtoice of death upon yoa : 
HWo Ike jury hare foiind yoo 
y tlie tew yoa hare forfeited yonr 

lard, I am athamed of myaelf ; 
|Ht to appear at thit time m this 
9 1 kavc appeared in another 

■ore, Mr. Coke, yoa ought 

on year past life: yoa 

Mt yoa hare been a great 

had malice in your heart 

eeman abore three years. 
my lord, I know nothing of it. 
Pmm hath sworn, that three years, 
am and a half ago, you sent to 
■Based to him the knockiDg Mr. 

hitad. 



itotkat 



Vial of Chuistopher Later, esq. at the Kiug's-Bencb, 
Treason,* Nov. 21 : 9 Georoe I. a. d. 1722. 




Cikf. 1 dodedare ft; iiiyleM,-at I ikJk 
aatwcr it at the grebt day, I never^apokata 
Ifoon about any tocb thii^. 

X» C. J. Suppotbg what Moon had taid-'to 
be too much, yet the Crimea yon own aad 
cannot deny are exceeding hcanoat. Yoa own 
that you inrlted yonr brother to top at yoar 
honse, on porpote that yoa ought hate an op* 
portnnity of mardering him. This k tooh.^ 
criaie at shockt human natara; thebaraman* 
tinning of It it ftightftil and terrible. Tba 
deeper therefore your crime it, the deeper 
yonr renentaaoe oimt to be. Too hata Jiaad 
to huaUrfc younelfet belbra AUoighty.God, 
Betidet tiie jodgment ofihalaw, theialtalta 
hit jadgoieot-anit, belbra whidi .yoo. 
likewite appear: there all thingt ar^ 
and bare, without coloar or disgoipe; . _^^ 
man must there appear, and raodve aceoidiag 
to the truth of hit actioBt, at ^biq were, good 
or bad. How far It may pfeata Qod toaztand 
hit mercy to yon, I know not ; ha it infioita 
in mercy aa well at in atery other nerfintioo: 
and tilit we are mire, that ha nerer otoiet it ti» 
any who are prepared to receive it Badmi" 
TOUT therefire to reconcile yonrtdvet to \ua^%. 
improve with dil^peoca tba little tunathaion^. 
be allotted yon : tend fbr prpper persom who 
may advite and aasist jfou : ibr at to th^ ju4g* 
meat of the tew whicb It to be now ] 
npon yoo all, it u thit : 

< ThiA yoo, and each of you, go from heoca 

< to the place from whence yoa came^ and ftom 

< thence to the plaiee df ezecotion, wlmre yoo 
* thall be teverally hanged bjr the neck till 

< yon be teverally and reipectively dead ; and 

< the Lord have mercy apon yoursonlt.* 

Then the keeper carried awajr the pritonert 
to the gaol to be reterved till their execution. 
And on Saturday the Slst of March, 1799, 
they were executed at Bury St. Edmond't. 



tiie 8lBt of October, Ghristo- 

bronglit to the bar of the 

ich at Westoi'iDster, upon 

directed to the lieuteoant of 

I, io order to be arraigned 

Ibr High-Treason in com- 

the death of the king, 

jury for the countv of 

eommissioners of Oyer 

" lord, we pray the return 
May be read. 

flf the Crown, reads 
'Hlilrtis, by which it 



appeared that the prisoner was committed to 
the Tower for high-treason. 

Sen. Pengelfy, We pray that the return 
may be filed. 

L C. J. (Sir John Pratt.) Let it be filed; 

Serj. Pengelfy. My lord, there is an indict- 
ment of hi^ treason found in the countv of 
Essex against Mr. Christopher Layer, which 
hath been removed into this court by Cer- 
tiorari ; the Certiorari, and the return thereof 
hath been filed, and the prisoner is now brought 
into court in order to be arraigned. 

L. C. J. Read the indictment. 

Ct, of the Cr. Christopher Layer, hold up 
your hand. 

" You stand indicted by the name of Chris- 
topher Layer, late of the pariah of St. Andrew*s 



05] 



GEORGE L 



Holborn, in tbe eountj of Middlesex, €tq. for 
that you beings m subject of our most serene 
lord George, low king of Great Britain, 
France and Ireland, defender of tbe faitb, &c. 
not having the fear of God in your heart, nor 
weighing the duty of your allegiance, but being 
moved and seduced by the instigation of the 
devil, as a false traitor against our said lord the 
king, your supreme, true, lawful, and un- 
doubted lord; withdrawing that cordial love, 
and true and due obedience, fidelity, and alle- 
giance, which every subject of our said lord tbe 
king towards him should, and of right ought to 
bear ; and designing, and with all your might 
traitorously intending the government of Uiis 
kingdom, under our said lord the king duly 
and happily established, to change, alter, and 
stibvert ; and our said lord the king of and from 
tbe title, honour, royal estate, empire and go- 
Temment uf ibis kingdom to depose and de- 
prive ; and our said lord the king to death and 
final destruction to brin^ and draw ; and the 
person during the life ot the late kin^ James 
the second, pretended to be prince ot Wales ; 
mod after tUe decease of the said late king, pre- 
tending to be, and taking upon himself the stile 
mod tide of king of England, by the name of 
James the Srd, to tbe crown, royal state and 
dignity of king of this kingdom, and to the 
empire, government and possession of the 
same, to exalt and bring, the 25tb day of Au- 
gust, in tbe ninib year of tbe reign of our said 
sovereign lord the king that now is ; and at 
divers other days and times, as well before as 
after, at Laytonstone in the said county of 
Essex, falsely, maliciously, devilishly, and 
traitorously did compass, imagine, and mtend, 
our said lord the king, your supreme, true, 
lawful, and undoubted lord, of aud from the 
title, honour, royal estate, empire aud govern- 
ment of this kingflom to depose and deprive; 
and our said lord the kinp^ to death and final 
destruction to put and bnng. And that you 
the said Christopher Layer, to accomplish and 
jbring about your said treason, and devilish aud 
traitorous intents and purposes, did, with divers 
other false traitors to the jurors unknown, on 
tbe said 25th day of August, in the said ninth 
year of the reign of our said lord the king, and 
at divers other days and times, as well before 
as after, at Laytonstone atbresaid, in the said 
county of Essex, by force and anatj, ike, 
falsely, maliciously, dfevilishly, and traitorously 
did meet, propose, consult, conspire, consent 
and agree, to move, raise, and levy insurr* ciion, 
rebellion, and war, within this kingdom against 
our said lord the king, for the traitorous pur- 
poses aforesaid. And that you the said Chris- 
topher Layer, for tbe more effectual complet- 
ing and perfecting the said treason and trai- 
torous intentions and purposes, on tlie said 35th 
day of August, in the nmth year aforesaid, at 
Laytonstone aforesaid, in tbe said county of 
Essex, by force and arms, &c. maliciously and 
traitorously did publish a certain maUciouSi se- 
ditions, and traitorous writing, cootaioioff and 
parportiog (aaMQ|it oikcr iknpl aaedrnta- 



Trial of ChristojAer Layer, 

tion, incitement, and promises of rewan 
faithful subjects of our said lord tho k 
persuade, move and excite, to take up 
aud to levy and make war within this i 
against our said sovereign lord tbe kii 
the traitorous purposes and intentions 
said. And that you tlie said Christ 
Layer, for tbe more effectual ooropletii 
[>enecting the said treason and traitorous 
tions and purposes, with other false trait 
the jurors unknown, on the said 25tb > 
August, in the ninth year albresaid, i 
divers other days and times, as well beft 
after, at Laytonstone aforesaid, in thi 
county of E^sex by force and arms 
falsely, maliciously, devilishly, and traito 
did meet, propose, consult, conspire, cc 
and agree, by an armed force, and by » 
to be raised and got ready for the traitnroi 
poses aforesaid ; tbe saiu person, during* t 
of tbe said late king James the second, prei 
to be prince of Wales, and since the decc 
tbe said late king, pretending to be, and i 
upon himself tbe stile and title of king ot 
land, by the name of James the 3rd, ' 
crown, royal estate, and dignity of king 
kingdom, and to the empire, governmen 
possession of tbe same to exalt and brini 
that you the said Christopher Layer, fc 
more effectual completing and perfectii 
said treason, and traitorous intentions and 
poses albresaid, on the said 25th day o 
gust, in tbe ninth year aforesaid, and at 
other days and times, as well before as al 
Laytonstone aforesaid, in the said cou 
Essex, by force and arms, dkc. malicious! 
traitorously did get ready, raise, and reti 
veral men, to the jurors unknown, to tal 
anns, and to levy and wage war withii 
kingdom, against our said sovereign lo 
king, for the traitorous pur|)oses aforesaic 
that you the said Christopher Layer, f 
more effectual completing and perfectio 
said treason, aud traitorous intentions aui 
[wses aforesaid, on the said 25th day o 
gust, in the ninth year aforesaid, aud at 
other days and tiuMs, as well before as af 
liSytonstone aforesaid, in the said cou 
Essex, with other false traitors, to the . 
unknown, by force and arms, &cc. malici 
devilishly, and traitorously did meet, pr 
consult, conspire, consent and agree, the i 
person of our now sovereign lurd king G 
for the traitorous purposes aforesaid most 
ediy to take, seize, imprison, and detain i 
to«ly against the duty of your allegiance, a 
the peace of our said sovereign lord the 
his crown and dignity, and against the f«: 
the statute in that case made and provide 

Prisoner, If your lordship \«yi please 
dulife me ; 

My lord, I am broucfbt here in chain* 
ters and in chains. JMy lord, I have bo* 
more like an Algerine captive than a fir* 
Englishman : I have beea dragged * 
the streets by tbe hands of gaolers, *■ 
beea nudii a al^eir uhI « ■peOade qC 




^ar tUgh Trt&son. 



A.D. 1722. 



[98 




'^t af justice f>cfore your 
titnewtU eotue wlieu 1 
4iilii« n i^LifJi'l > ' 1 1 ::)|, an<l not be I 
M^ t BMnifice to I uiJ lury of aoy 

■i^.vr tlie neciiwity ot tuti times. My Iciru, 
IWt >^ isttl (hi», but I have been ittsulte<i 
acp I cmJDf ''-•^' •' r- hall i a gentleman came 
you rnit>»i die, or tlie plot 
La. , ,-^. L4, lUia is uso^e itisufferable 
naiioti ; nnd I think 1 can lay 
tny Ueartf and say, 1 bave dooe 
j^iast in J con£»cieDce. 
%K\. PgMMeliy. If i^lr. Layer liatb any ob- 
i i« uir mdirttwent he may make ihem, 
' 1 iKiC 1^ on in thtH nianiier. 

My l^f*U I hfjpe (si I all have these 
^Mi cakm on, tb&t 1 may have the free ii»e 

^ikM fT^KIO ur: ' lilior whlch Gt>(J 

liAgttro iti«r. II me thestran- 

fantoUlial de;;rt;f tiial J!i vti y paUiful^ atttl I 
snilymir tonUhip la afflicted with that dts- 
tajm. I lio[M! ihrae chains sihalt be taken oiT 
• Aiirmt plsac>e, atid then I hope 1 shall have 

ai«a«^% U^utlt'f trr^], 

L t live been a great many 

•^p h wecunuoiexamineipto. 

Ta Hit givrti a general charge of some peCH 

^ ' fiii ill, your expressions are not juKt 

I rtfll i ycia cbarg^e no particular person ; 

I can take no notice oi' them. A 9 to the 

I j«u enoiplatt] oi'^ it must be hi\ to iboiie 

^itas ilir L'a^totty of you h committed by 

lB.li ukecare tliat you may not make your 

^^: «li€o yoti curae to your trial then 

^ilMitii moy be la ken off." Consider the 

•liir afthis dus ; if you hafc any objeclions 

rtttdictoirQi the Court wilt beartbem ^ if 

M Oiiavt plead, 

. Ora. (Sir Holjert Raymond) f am 

kiiaf ts in ten dill hut that he should 

' r trial ; but to cam|ila(n here of hard 

^f*, «/ tkmhn and imjmsonment, carries 

'^'^ • t rrftrction of cruelly, and »ve know 

1'^ may have abroad. My 

there is any occasion for 

e in answer to this, than 

u been kept, as all persons 

TOawuiioes are, when ibey ha?e been 

^ [•§ make an escape ; there was an 

\ nature tnarlc* by him, and I be* 

»ill lay, but f*T\ such an occasion, 

■^ticidar care that he 

I wca?' id, as to any other 

' ^'' ».' what he says is not 

■t, but that he has as 

'iy a« is proper aud 

^id It 4ti wiiat i» iaid in rexpect la the 

iia^M hJm In ihf !i:dl, 1 know no- 

:c; but cannot 

i> ktter lur people 

m cunccrt tog-elher, 

V" ; and I do not know 

s^btbe somebody set 

tetuMoo to 
h#ltt»p4i!d 



^^ft 



ati escape once;, if true, ought to be secured io 
such manner as to prevent his escapinc^ a se- 
c^iod time. The gentleman gaoler, what doth 
be sny ? 

Gentleman Gaoler. My lord, he never at- 
tempted to escape since lie was in my custody* 

Att, Gen, No, ii was iKt^ire. 

Sol. Gen, (Sir Philip York.) My lord, Ihtf 
complaint is made for no other purpise but lo 
capttvaie the minds of the by- stand ei^, without 
any jusi grounds in the world ; tor if the whole 
of the complaint made sod ag^gravated in this 
solemn manner be considered, it amounlii only 
to this, that a prisoner who stands charged 
with so great an offence as high treason (who 
I admit, notwithstanding the weij^ht of that 
charge, ought to bare all ibf justice nod alt 
the opportunity of defending' himself which the 
law allows) J my it amounb to no more than 
this, that a prisoner in these circiimMarices is 
brought up hither under a yuard,auil in fetters^ 
as persons in that condition uMTaliy are. It is 
very well known that when thii* gentleman was 
in the custody of a raessentfer, he not only 
made an attempt to escape, but actually es- 
caped, got out of a window two pziir of stairs 
high, and from Ibence over the water into 
Southwark ; and since that is so, can there btt 
any colour to say that what was done atler* 
wards was unwarrantable f 1 cannot help say* 
Joff on this occasion, that it does not become 
the candour a person in the prisoner's circum - 
stances ought to shew, to aggravate and mako 
such a misrepresentation oi the usag-e he has 
received. As* to what has happened in the hall 
we know nothing of it, nor can jmssibly tell 
how true it is. If any such thtn^^ was said, it 
is not impos!iible to nave been by somebody 
that was set there on purpose by the friends of 
this gentlenian. I say thuH much, my lord, 
not because 1 think it'maten^il to the bu^iiiiess 
of this day, but because 1 would not have it 
gone away with that there has been any bard- 
fliip put upon the prisoner contrary to law. 
No, liis majesty, ^bo makes the Ian s of the 
land the rule and measure of all his actions, 
though be will have justice done to himself 
aud his government against any person tliat 
shall conspire to overthrow it, yet he will suf- 
fer no hardeihtps to be done even to such per* 
sons, contrary to law ; and nothing has been 
done in this case but what was legal and abso* 
lutely necessary, 

Mr. Hungcrjhrd, My lord, I beg to be in- 
dulged a few words ; that he is in chainv now 
is demonstrable ; aud he hath told me, when in 
the Tower with him, that they arc so jp-ievou* 
to him that he cannot sleep but in one posture, 
viz. 11 (Kin his back ; and that he hath not ai- 
teiopted to esca(>e out of the Tower, is given ia 
evidence by the gentleman gaoler, whu huib, 
and will, f verily believe, execute his auibo* 
riiv with all humanity, for be now helps |o 
bold up his chains, otherwise the piisoner 
could not stand. My lord, it is Raid it is no- 
tbtog but what is usual in cases of this nature* 
My Jord| 1 believe I might cballt;nge thcin i» 

U 



99] 



9 GEORGE L 



gwe an instance where any prisoner wai 
ihackled with irons in the Tower before Mr. 
Layer; his majesty's prisoners of the Tower 
are such strangers to this usage, that they had 
not the very materials there, they were sent 
for from Newgate, and I hope they will he 
carried back again thither. Your lordship hath 
hinted it as an indulgeuce intended to him 
when he comes to his trial, that his irons shall 
be taken off: hut I hnmbly insbt upon it that 
by law he ought not to be called upon, even to 
plead, till his fetters are off. My lord Coke. 
(3 Inst. 35,) is clearly of that opinion in his 
Pleas of the Crown ; and is admitted on all 
hands, that when he comes to be tried his 
shackles roust be off, and ujkiii a debate it was 
so determioed in Cranhurne's Case, (vol. 13, 
p. 392.) The only reason assigned for putting 
of irons at all upon a prisoner, is to keep him 
in safe custody (for the laws of England allow 
of no tortures) and the reason why they are 
taken off in the conrse of proceeding against 
him in a court of justice, it seems to be, that 
bis mind should not be disturbed by any unea- 
siness his body or limbs should be under ; and 
as to the distinction that his chains should be 
ou when he pleads, because but for a moment, 
or a short time, and off when he is tried, be- 
cause that u ill he of longer duration ; it is pos- 
sible that what we have now to say may be as 
long as some trials. I should (with submis- 
sion) think that something of the dignity of the 
Court might be considered in this matter, fir a 
court of justice, the highest in the kingdom for 
criminal matters, where the king himself is 
supposed to be personally present, to have a 
man plead for his life before them in chains, 
seems to be Tery unsuitable. He is now be- 
fore the same awful and just tribunal which he 
will be before when he is tried, and why not 
therefore without chains as well now as then ; 
and as to the safe custody intc-nded by the 
irons, is the man like to run away here ? Is he 
not here too well guarded to escape ? 

Mr. Ketelhry, If your lordship please to fa- 
vour me a fe.v words. My lord, what hath 
been his usage in bringing him up hitlier I 
cannot tell ; what the usage of the Tower is 
with respect to the putting chains upon priso- 
ners, I am ignorant uf ; but this i must l»cg 
leave to say, that he is entitled to have bis 
chains off kietbrc he pleads,* in point of law : 



Trial of Christopher Lajfer, [100 

the authorities for it are my lord Coke Id hit 
third Inst. fol. 34, who says, that *• When pri- 
soners oome in judgment to answer, tbev ihall 
be out of irons, ami all manner of bonoe, that 
their pain may not take away their, reaioo, nor 
constrain them to answer, hot at their free 
will ;" (Brit. c. 5, fol. 14,) and in fol. S5, he 
cites the words out of the Mirror, chap. 6, secL 
1, ** It is an abuse that prisoners be charged 
with irons, or put to any pain before they be 
attainted.*' At the trial of Cranbame, wfacB 
Jie was brought up here before my lord ebidT 
justice Holt, he insisted that his chains ehoahL 
be taken off before he pleaded, and it wm or- 
dered. This was likewise mentioned in iIm 
trials of Dorrel, Gorden, and Kerr ; when they 
came up in their irons to plead, it waa mottd 
at first that those irons ought to be taken oA 
The Court declared, that if the prisoners ia^ 
sisted on it, it ought to be done : hat they M 
not insist on it, they raiher chose to ware thtt 
privilege than undergo the trouble of having 
them knocked off in court. There in a resoliH 
tion in this case. In the 10th fol. of Keiynff^ 
it is expressly declared on a consultation of all 
the judges in England, That a prisoner onght 
to have his irons taken off before he pleads. 

L. C. J. The case of Cranbume, you will 
find that authority is when the party was eaUed 
upon to plead, and was tried at the same tiflse. 

No doubt when he comes upon his trial, the 
authority is that he is not to be * in TinceliB' 
during his trial, but should be so far free, that 
he should have the use of his reason, and el 
advantages to clear his innocence. Here he iH 
only called upon to plead by advice of his 
scl ; he is not to be tried now ; w hen tie ( 



* '* Cum autem capti iu judtcio prodiici de- 
bcant,non producantur urmati, 8ed ut judicium 
recepturi, nee ligati, ne videantur respoudere 
coacti. Fleet, lib. 1, cap. 1. 

" The prisoner at the time of his arraign- 
ment ou^iit not to be in irons. Hales's l\ C. I against 'all the prisoners, and execution 



1809,) a case in which it appears, that three 
pris«>ncrs were ke|>t chained during the trial ef 
issues conc«raing their identities. The snh* 
stance of the case 'u as follows : ** Thomas He* 
gers, Samuel Matthews, and John King, 1m4 
been capitally convicted lor felonies in rabbiup 
on the highway, and received sentence of deelS 
for the same. While they were in cusie^ 
upon tliose c<vnvictions, they murdered thsrf 
keeper, and then broke out of their prison, anl^ 
were during a considerable time a terror to the 
neis;hlK>uring country. Being afterwards nn 
taken, tliey were tngether brought by writs # 
Habeas Corpus to the bar of the Court eft 
Kiog^s -bench, aud th^re rcs|>ectively aske^i 
^vhat they had to sav why the Court ahovlti 
nut proceed to awnrd execution, &c. each i 
tliem denied his identity, and issue being jeiak 
ed en each of those denials, thme issues wei^ 
severally tried instanicr : verdicts were fbosi 



p. 219. Til. Arraignment SeeH. P. C. in folio, : awarded against each of them, acconling 



aecond part, cap. 28 

*' See Hawkins's Pleas of the Crown, part S, 
p. S(m."^Nole to Firmer Edition, 

8ee more as to this in vol. 5, pp. 379, el teq. 
of thisCollectioD, and Leaoh's Hawk. Pi. Cr. 
hook S» chap. S8, aeet 1. 



former ju«igiu('ni and sentence." The 
is thus concluded : " Memorandum 
desperate fellows remained chained t( 
dunng tliis whole pnK-ee*iing.** But 
porter mentions, (p. 1810,) that while the f 
m the case ot* one prisoner was trieil, the 
were permitted to lii dowa. 




IBiff 



for High Treason. 







H It tnedt if hm makM that complaint, the 
S^m^ 9llt tiklie care foe sbaU be in a condition 
» aMlt# bi« detince; but i% hen be is 
1 wpon to |>li'Acl, and tiis counsel by 
lA^Hfle bim ynUsW to plead, wby are bis 
takeo n<f tbis minute, and Mi be 
Hm nexti^ 1 1 bath been said (I 
■ml tbc iiu^riiu^ of it) he i» too 
I ninlci)* I do not think a man charged 
%w^ ireasati of thi^ nature^ can be ^aid 
} ipbe loo wvM «;u«rded, es^ieeiaJfy it it be 
Imi^IIi been sng-gested, ttiat he bath 
to mttke bis escape; th;ii will 
irbut tlie law allows iu other 

rtL My lordf I beg leave to 
what I moEin by saviog too 
M ily gnanied. 

'j^ HKire to offer? 
' Cinaivate the jit-opt*', smd 
% ujKjn tbcm that are not \ 
h'j^nitics liis cbaiut) bein^ !< 
, and afterwatdii put on | 
i i.i'^ 11. uothing but to brlug \ 
Ir to hAf e a.n unjust sense oi'the crime 

I«ird, we lulgbt hum- 
! - i I at the better to pre - 
a- hiA trial, he tnigbt cx^ntiuue 
;n% otjtit at\er that lime, 

itxitber opinion ; and if we 

itift ta be taken oif, and he 

vv but we are ifuiliy of bis 

#iL Fit hath said, lif shati have 

: ; but to make ohji^ctions 

sure, ifc U\ cast a letl faction 

t, lor not doiu^ that which ist nut 

• er to do. 

t.. ,i%**MrJ\trd. 1 am I my lord, off'ounaf^l 

Mktb* fMisooer^ I have been »o appointed by 

Y^t |afd^i|»« and t asuure your lordfliip thut 

l«iBil I itare anwiiT fur the other gentleman 

te M tttO€tt%in\ (o the »aiue Venice with loe, 

^tk makic DM! of that power and priviletfe you 

mtjktmeA t<i f*ire us* at we ou^ht. 

■ff Unli 1 have Imikid over tbe Record and 

Mictiiinil, WG tuie a copy uf both, ac- 

lo tbe dirrctioik uf the act of parlia- 

t ktmm wv have at prt-^ent a rt^rbt to 

f ' '»if«, *i*j£' miswriting', 

Mijier Latin : we are 

lu uiiJ r objections occur to 

br: • tint*', and bare not 

19 n*-«* ,. ...icrwards; but there »re 

iNiiV ol{ioctiotui of another nature, 

BAjf bate liberty to make at another 

I ken* III %ny band the whole record 

Uk tb# prisoner, in which, not only 

tMeot m att fortii, but the commission 

\ Trrininer. Met the c^om mission 

«fd tbe namr< of the commisaioD- 

i ma arul aayHf what are the offences 

r are authnriKed bo rnquire of^ as high* 

■I*pf9«j0ci% of iTiTUon, ttfi'l oitifr of- 

|#l^0rr »i*;jTec ; Ojiii it ^rTf> on and 

tbt! permms iball be» concerning 



A.D. 17^2. [lOf 

whom thi« enquiry «holt he made, ** Et jier 
quos vel per quern, cui vel quibuii, qnamlo, 
qua) iter, ^x quomi>do, et dc abi>( articuhs et cir* 
cumstantii;^, prtEaii»sa et eornm qnodhbt^l nt u 
e<jruni aliquod vel abqua, qnalitercUMq; ct*n* 
ccr»en\ pk'uius veril'i'.'* My lord^ 1 have 
looked into this form, and considered the words 
with all the accuracy I can» and have endea- 
voured to render them into Eni»li'^h, but can- 
not; I urust say t took upon lhi>«e two woidt 
* plenius Vfritat*/ as placed in this record, to 
be nonsense, and not capable of heinif rendereil 
into En^liiih, for thc\ import no mt^amni; at 
all hit a blemish in tbe commit ion vii^\\\ 
and if so, tht* enquiry taken by virtue of tb&t 
commission must fall to nothing', and conse- 
quently this indiclmcnt rau»*r be nuti^bt, I 
have bptn bo exact, I havf bmked uiio the forma 
of these indicirncnts, taken by iifiue of com- 
mii^viona of Oyer ;jiid Terminer. My lord cbi«f 
justice Coke biitb for tbe sake ol pn««terity, 
1 iui)pits<?<^ given us the form ot the com* 
mijiiiion of Over and Tern;iner m bis time ; in 
that form of (lis tbe^e m ords are entirely left 
out ; tbt*y seem lo me to be words of no signi- 
fication, tlierefore we ho{^ iht-re sbuU be no 
further proceeding's till this h s^et right, and 
that the indictmeiii shall bt^ quashed. 

Mr. Ketelbey, M y lord, tliere are other ob- 
jections, whether it u your lordsbip'v |deasur€ 
that we should ffo on this fir*t, or that w* 
jihould mention the others^ aud so go upon 
them all together T 

L. C\ J. Make all your objections tof^etb^r* 

Mr. Hungerford. Then, toy lord, In th# 
close of ibis commission it is said the juiy wera 
charged to enquire, but dtith opt say fur what j 
hut (but objection may be made u not her tim«, 
and therefore I will not trouble yiMir b»rdshi{^ 
with it now. My lord, tbe first iliiniir that oc- 
curs to me in the indictment il»elf, and which 
certainly, if we prevail in, the whole prooeed- 
in^s are wrong; this t;eotleman^s name is not 
writ nor apelt right, *■ Juralor* pro Duo' Hege, 
Sec, super sacramentum, 5cc. quod Christo- 
pberus Layer, Cbristoplierus is there writ with 
an e, whereas it should be i'hriitopboru! with 
an ; and if the Dictionaries and Lexicona are 
any authority we are right. These are the ob- 
jections which have occurred to me, the gett- 
tleman joined with me in tbia service, bath 
iiome other rcmarkii to make. 

Mr. Keiclbey. My lord, as it is your lord- 
ship^s pleasure to appoint us to be counsel tor 
ibis gentleman f I shall not make any apology 
for our appearing on hi^i behuir« lest t receive 
tbe same re[»roof from the Court, which a gen* 
tleman in my station once received upon a lik« 
occasion,* 

Aly lord, we thiok it proper at this lime to 
Uy these four points under your lordsbiu'i 
consideration, which if we had slaid till after 
plea pleailid by the prisoner, would have been 

• Qu, Does this refer lo ivbtt Kolt, Chief 
JuHt. said to air tiariJi. Shower, in Hookwood'a 
Caie? 8ee vol. 13, p. 15i* 



I 

i 



4 



109] 9 GEOKGE L 

too bte ; that fnatter halb been oflen settled 
ami deieriDined by your lordshipf and I «liatl 
■ay no more to tint, I belief c thf^y do not ab- 
ject to it I now therefore it is the oaly time to 
make these objections. 

51 V lord, the tirst that hath been menttonod 
by Mi\ BuDg^erford i» in the captino of the io- 
dictnientas to these ivords * plenius veritatem;* 
ill our t opy» it is * plenius reritat' * with a dash, 
that it may be taken in any case, but I Bubmtt 
it to your lordship whether it can be made 
sense, or ia proper Latin in any of the cases 
cither of the singular or plural number, that 
there can be made any grammar of it, or that 
there is any regular or precedini; f erb that can 
go?ern it in any cage whatsoever : they might 
have put in any trords entirely iucnnsi stent 
with res|iect to the part preceding or subse- 
qtieiit ; leave ont these worIs, and the other 
part of the sentence ia plain and inteUig'ible ; 
hut put in the ^vorda, and it is ntberwijie. 

And es^iecially tjince we have the authority 
of luy luid Coke, where tb**se tvoids are not 
in ; how ibey came to be put in, or ot what 
tiae they are, your lordship will obserfe on 
readioG^ the caption of the indictment, * Ad lu * 
qnirend*, &c. pleniua reritat'/ 

Taking exceplioni to the caption oF the in- 
dictiiient hath formerly been objected to ; but 
I beheYf\> that right cannot b« disputed at this 
time. 

As to the second exception, that in rL'btlon io 

• Chri«iopherus>* we submit it to your lordship, 
if that be not expressly wiibiu the detects men- 
tioned in the act of* parliament, mia-writingf» 
mis-spellin{2', false ana improper Latin ; nay, 
whf^ilter it is not suhject to cenaure under each 
of ibese four heads. 

My lord, it waa impoEsible to bring' all my 
authorities, upon this point, along with me ; 
bill 1 have here iu court several of the best 
dictionaries and 1em*ons which tihew the true 
word to be * Christop horns / and I believe ihe 
gentlemen of the other side cannot produce one 
instnnce in any authentic book either Greek or 
Latin, bnt it is ahvay^i spelt with au o and not 
with an c, it is Cbristophorus Irom «if<^* the 

• pnseteritum medium* of the Greek verh f>W; 
and the ruica of etyrooloja^y and formation of 
Greek verbal^ evince that it must tie so, and 
catmot be otberwiie ; and by all ihe Latin dic- 
tionaries, the Latin word fur Chrbtopber is 

• Chrtstojihorus.' 

L. C. X How do we kno\v what his name 
li ? You must plead it in abaiement ; we donH 
know his name ; he might be christened 
< Christopberns* for aught we know.* 

Mr, Kcietbc^. My joid, for false spelling — 
X. C. J. IIow doib that ap|>ear to usf You 
are wrong in nmking yimr objection at this 
lime, we can't tnke notice whai hts name is ; in 
llie record of the indictment be is called * Cbria- 
tophenii.' Can we enquire what hii true 



Trial of Chrutophh' Latfefp 

name Is, whether in FoQfUAh it hi Chrfatofihtr 
or * CbnstopheiiiK?' We can't telJ what hii 
name is, i»erchiirH «• IiIj: name miay be • Chria- 
t?>phen»f / and the name by which he might be 
christened ; I desire 1 may not be understood 
aa if I would prrv»fiit you from offering any 
thing that is material for your client ; but if 
I can satisfy }ou that you are improper in 
form» it may saVe the time of the Court j but if 
ytHJ can offer any thing material, we are ready 
to hear it. 

Ullr. Ketetbey. My lonl, I hope your liynbiifi^ 
will pardon me, here h the life of a man rtMi- 
cemed, aud as I wuuld not wilhogly ofter any 
tiling li» your lordship that in the like 
hath been over- ruled, so neillier would I < 



* See the Case of the king against Samuel 
8bake8t>eare, 10 East, 83, which was a plea iu 
abAtemaat of a mlaaomer io the itiruaoie* 



any thing that may lie material for the mi- 
suner^ whose defence the Court has intrustM M 
with ; therefore I wit) go on to the other olyeo* 
lions that we think to he improper Latin; 

* cOmpassavit, imaginatus fuit, el intendebat/ 
These are the wonls, 1 don't know whethtr 
thii Latm will go down in We^tminster-litll, 
but 1 am satisfied it would not iu Westminat^r- 
scbord. 

Here is the * et, intendebat, ct,* a conjunc- 
tion copulative between verbs iu several tense* ; 
here is * compassavit* the prelerpertect tense, 

* imagioatus fuit,' the pretei-perttct tetise, and 

* iiileiidebat^ the preterim perfect teuse : W* 
should not the last verb liave been put into 11 
pre ter per feet tense, according to the rulea 
classical Latin, as well as the two foror^er ? 
Tbtretbre we submit it how far it will go as to 
vitiating the indictment in jjoiijt of false Latin. 

My lord, there is one worrl more, * sebiend' • 
the overt-act, as laid In the indictment, is, thai 
the prisoner * con«piravit ad sacram personam 
dommi regis capiend', seisiend*, ct impriso* 
nand' ;* hy the words that are coupled with it, 
I suppose * seisiend' ' is intf nited to mean, the 
taking or laying violent iiands upon Ins majes- 
ty's person ; hut sure llitre was never such a 
word in any indtctmeot before, nor to be found 
iu any author whatsoever; it is neither claaai- 
cal Latin, law Latin, uor to be met with among 
Littleton's barltarisms, never naturalized tM»r 
inoculated into ancient or modern use; it is a 
mere ficiitious wo ml coined for this very pur* 
pose without any precedent ^ any otke instance 
to warrant it. 

My lord Coke, in his 1st Instit. fol. IT, aayt, 
that the word * seisitus' cometh of the French 
word * seisin,* and that in the common law it 
is properly applii^d to tieebold, in cnnira distinc- 
tion to * po«i!>eNs;onatus,^ which relates to chat* 
tels : Fnr * s>eiiiiti*s' and * possession at us' are 
mentioned as terms of art, teihnicat words in 
the law, thut by long use have acquired to 
lb em selves one pecuhar and determined tigni* 
ficiition ; for thai rciison I do mit object agamit 
the word * compitsiiavit* in this indictment, it 
having beeu a hi ays used in indictments of 
higb*trea!iOD to exjU'ess compa^viug the death 
of the king, ever snice the stature of Edward 
the 3d ; so tnurdrare, ftdunia, and several 
oiberSy are knowu leims ot art m the law* l^ut* 



Jftr High Trtusofu 

I irith ide word * selsi^nd*?* 
I if th^ 'iroulil ibticy ii to b« n gferiiud of 
■«» wikaMNro Kctire vera, how came they it* 
f^r H Ibis snuie^ to make it Kignify the same 



I mttftl b«g teare to sayi that 1 ap- 

inharf 1km w^ry g^int el' thra indictment, (at 

an » nacb of it aa relates to tbis o\ ert^act) 

mis ttpon thb word ^ seisiend' ^* 

I te lies •|tp«Ar lo ytmr lordship to be in • 

tarvaroitti false or im propter Latin, 

pranr pn»|ier under the authority of the 

\ «f p*rlJAment^ humhlv to iiifsjst tipou 

jBUon, viiiJ that it is iU&cieiit to over- 

ittvwbolt^ indictment 

0yM4 ' • t'8 caae, says, that 

MiflMnitt ! uLi oa{*ht to bedrawD 

■i^tegraie«t accurucy and nicety; but if 

Mr ktmmuj will ptea»e to shew nie, that thia 

^avtBrvrr uttce ti«ied to this purpose, 1 will 

^mmj obj<K;4t<m, and admit it tu \*e as ele- 

fi^9'mmd n% any in tlie whole indictment. 

ikCX 1 think bdore the king^s counsel 

rt*r lo that^ we bad best have that 

t ^ ifc« Iniltcliiiitiit rtfad| that we may the 




mU,^ tU Cr, reads, ^ Quod tn Chriato* 
#■« La^ rr, &c. ad capteod* seistend* et iioo 

L C J. * Ad capiend* et impiisonand'.' 
! wonts do, suppoi^ the other word 
mJ (icant? 

PW. VI y brd, these objections 

»tBaiAe ujthsoinnch rerfmony, and 
■^id io Willi «Qeb pomp, as it something 
^ «ia liwam, than the ifnashing this indict- 

Vf iy y r tlMPD il aornc of them arc Improper, 
I iHiicli niay be proper at lliis lime, 

TVf i^l^ectfum to the commission, we appre- 
I att tHi|irf»p4fr \ it i« not in the power of 
\ 16 qoaah the c<tmnu«Kion, and there- 
men n nil of niifc-spethng', and ol' 
ihi'rdn, sig^ni6es no- 
il nt Itself, the Court 
proper^ if there 
i\ bin the eom- 
ihu great seal, and that 
fM«f ft rviumiHl here, is nut uader the power 
f'te rovin lo 4*!^Ttiy \ but upon reading it, 
. lilt* iiliieruon will quite vuniijh -, thefie 
karr oavil m all * n ions of the like 
rry fwrm of the 

i the iridietnient 

, allowed by %\\ the 

J, ** A Collection of 

I rtrttson , com poned fi»r 

?*ji 'i III 8cotliind ;** ami 

ti« uhy of nnder- 

r«*» ' I or the sake of 

*ii i\»9 i'thirr ide, read them In 

iV-y ^^^ **» ^ f^nstiued^ thu^, • Ad 

I tr sacram* pro- 

tuibuscumt; pro- 

nmMiai9i)iii>'| «c. perqiiQicun«|; et 



impf f I 
I lf» It 
rrr, ai> 




A. D. 1722. \m 

* qunlitepf nnq; hit* hcX\ &c* le dt alits arti< 

* cutis, &r« et ad easdem prodition^ et al' pre* 

* ini^s' audiend* et terminand* ^* here they are 
to enquire more fully the truth, of and concern- 
iM(» all treasons, misiprisionsi of treason by any 
person whomsueirer committed, &c. And if 
the words ' pleuius veritat' * bad immediately 
Ibllowed the word * inqulrend^ ' ercry body al 
first reading must be satisfied that no objection 
ciiuhl be made thereto ; and the objection now 
is only mitde on account of the placing these 
words at the end of the sentence. But it mukea 
no difference in the const ruction or sense ; how 
otber\«ise can it be construed or understood f 
But to enquire more fully the truth of thoie 
offences there enumerated, and what persons art 
GTuilty, 6£c. And iberetbre I take it, that the 
fivrm of the commission is proper, and will be 
justified, not only by the sense of it, but by (he 
usual and common course of proceedings. — Aa 
to the next objection, we anprehend that hatK 
been already over-ruled ; the word * Cliristo- 
pheruji' with an e, and not with an o i And if 
there be any diflerence in the name, that must 
be pleaded in abatement ; because if they 
would take advantage ot^ it, they must plead 
that his name is otherwise than is expressed ui 
the indictment This man^t name * Christo- 
p Items* may be with an e as well as an o, for 
am*; ht appears: But we apprehend, that the 
name Christopher is seldom writ in Latin with 
an o, but usually with an e ; tf* they think 
there is any thing material in the objection, let 
tbem plead it in abatement, and we are ready 
to answer them. 

i^ly lord, as to the next objection, that the 
three iferbs which charge the high treason, fix, 

* Compassavtt, imnginatus fuit, et iotendebat,' 
that they are not in the same tenses ; we sub- 
mit that in the strictest Latin, there is no ne- 
cessity the last Terb should be of the same 
fen^e'wtth those that go before the copulative 
(et) : Sure, though *• compassavit* and ' imam- 
natus ^Viii* be in the preterperfect tense, yet ' ID« 
ieiidebat* may l>e well added in the pretertmper» 
feci tense, und that will make no difference, 
they being alt three alleged and found in the 
time past, l^etore the indictment exhibited. 

Wy lord, the next objection which they seem 
to rely upon, \% at the conchision ot the indict- 
menlr and that is to the word (^ seisiend', «^c/) 
They say, the precedents h:»ve been looked 
into, and' there is no such word to be found in 
any tndiclment ot high treason ; 1 beg leave to 
say in answer, that since the assRssinatien plot 
against king Witlium, there hath been no such 
viMuiiiouN attemptot this nature; therefore m> 
wondei' itit ennnflt be found in other indtct- 
iiients where there has t>een no occasion for 
the word. This is an overt-act of conirpirmg 
and agreeing to take, seize, and imprison the 
very person of the king; and it muirt be laid 
according to the ftiet itM^lf ; but if this be not % 
proper word, though 1 think the won! is pro- 
per and signilicaiit, yet because this is not made 
u>ie of in aHcging the treason itst^lf, but the 
overt* act or evidence of the treason, it will not 



i 



107J 



d GEORGE I. 



vitiate that put of the indictiLeiit : for if any 
one of these words allejired is proved upon the 
trial, the prisoner ou)(ht to be found flr">l^y>. 
whether he compassed to take the person of 
the kinci or to seize his majesty, or to impri- 
son and detain him ; anyone of these attempts 
is sufficient, if proved, and the prisoner ougfht 
to be convicted. There was an objection of 
this nature taken upon one of the triau for high 
trrasott, before my lord chief justice Holt ; but 
he was pleased to say, that in alleging; the 
overt acta, where several overt acts are alleged, 
or several words are used to express the same 
overt act, if they were mistaken in one of the 
words, yet if there were other words sufficient 
in the indictment to express the overt-act ; or 
Although one entire overt act was insufficient! v 
alleged, yet if there was another overt act wdfl 
laid, the Court would not quash the indictment, 
because tliis would be to deprive the crown of 
the right of giving evidence to prove any other 
part of the same overt act, or any other overt 
act alleged in the indictment ; so that we hope 
this is not a proper objection, because the Court 
cannot quash the whole indictment if any other 
overt act is sufficiently expressed, but the in- 
dictment must stand. — But the word is proper, 
because the words * seisire ad seisiena' * are 
terms known in the law, and it is frequently 
used in actions of trespass, * quod cepit, seisi- 
vit, et abduxTit,' or * asportavit.' Aly lortf, we 
think the word ' ad seisiend' ' is a proper ex - 
presslon in this case, to signify tlie attempt or 
design lo seize and anprehend the person of his 
majestv ; and we nope tliere is nothing in 
these objections. 

Att. Gen. My lord, we are not against the 
(rentleraen of the other aide's insisting upon 
every thing that may be for their client's ser- 
vice. But sure these objections have nothing 
in them ; there is no colour of reason to support 
them. My lord, as to the exception taken to 
the commission let us consider, if tliere was any 
weiglit in it, how it can |)ossibly be taken at 
this time? — By virtue of the act of parliament 
paned in the 7th year of the reign of his late 
majesty kin|^ Wifliam, it ia provided, that no 
indictment for any of the offences afore-men- 
tioned in that act, which are treasons, &c. nor 
any process or return thereupon, shall be 
quashed on the motion of the prisoner or his 
counsel for mis-writing, mis-spdiing, or false 
or improper Latin (under which last words 
the counsel for the prisoner would entitle 
themselves to take this objection) unless such 
exception shall be taken and made in the 
respective court, where such trial shall be, by 
the prisoner or his counsel assigned, before any 
evidence given in open court upon such in- 
dictment. — but the commission is a thing dis- 
tinct, and neither indictment, process, or re- 
turn thereupon ; and by consequence no objec- 
tion can be made to the commission at this time 
by virtue of that act : but however, because 
they may not trouble us with these objections 
at another time, we beg leave to answer them 

DOW. 



Trial ofChrUk>pher Layer^ 

Mr lord, theae words (* pleniui ver 
are, the very point of the eiii|uiry of tl 
missioners of Oyer and Termmer, for t 
to enquire, by the oaths of lawful mei 
country, fully of the truth of all treasoi 
prisiona of treasons, &c. committed 
county, and that is the tenour of the c 
sion. In the book nrinted by the appi 
of all the judges or England, aoon al 
union of the two kingdoms, all the ri 
methoda of trial in cases of hi^h trea 
laid down, there b the commission of O 
Terminer printed at larse ; and it is ex 
the same worda with uiis ; and your i 
may please to observe, that imnnediatc 
those words ' plenius veritatem' there is 
ma, and none before; the whole senti 
fore is eutire, and therefore in cons 
these words, * plenius veritatem,' refc 
words * ad inquirendum,' at the begii 
the sentence; and the sense is plain, t 
commissioners are to enquire by the 
good and lawful men of the country, 
other ways and means, Sec. * plenius ye 
de quibuscunqne proditionibus, misprisi 
fkc. and then the commission goes < 
there comes af\er the comma, ' et ad 
proilitiores et alia preemissa hac vice i 
et terminand' secund* leges,* &c. In c 
proceedings in Latin, we are not so ni 
con6ne ourselves to the Latin of the < 
but this is very proper Latin, and the 
ingof the words ' plenius veritatem' f 
words ^ ad inquirendum,' by which t! 
governed by the interposition of so man; 
is no oljection ; for nothing is more i 
in the best authors, than placing the nn 
terial words at the close of a very long s 
which in imint of construction must 
others at the beginning. And therefor 
we shall hear no more of this objection 

As to the Christopherus being with 
stead of an o, that is not a pro|ier obj< 
this time. No man will pretend to say, 
not be christened by that name, as I 
the nsual name, Harry is the oomm< 
name for Henry, yet a person may I 
tened Harry, and so have many persoi 

But, my lord, we say this is a wore 
all the law proceedings for ChristopI 
spelt in this very manner with an r. 

As to the other objection ; as to tlu 
tion of the tense in the words ' com^ 
imaginatus fuit, et intendebat :' the obj 
made as if we were tied down to the 
forms of gram mar; if the sense is pla 
facts are explained by proper Latin wo 
enough lor us, w heiher they are ca 
sometimes in one tense, and somei 
another, provided they sufficiently ch 
fact to be done. 

The last objection is the word * seisic 
it ia nttt a word known in the law ; if tb 
hold, it would not quash the indictn 
cause there are several other worda to i 
effect, which sufficiently express this i 
overt act, witliont thia word • i ' ' 



ms] 



Jbr High Treaitm. 



A. D. 17S& 



[110 



«« W, tbat the prtsoner did proposei coDsult, 

mi ai^Mf * iMi «acram pereoDtm dicti Domini I 

^Gci^i none Re^t, &c. capieod', seisiend', 

'iapitooand*, et in cusUmI* detinend." But 

wtmai thai this b a very proper word. In 

Atcoait of exchequer the worus used in cases 

rfirinre is * seisivit.* Writs issue command- 

■fthcsberifr * seisire', such lands, 5ec. into 

Atkoai's hands, and the sheriff returns * sei* 

■in feci:' so that if this word was looked upon 

■n nkaown and nnintellifpble word, what 

— thsBwat of many judgments and proceed- 

ifsii diaft court ? It is a law word that is 

■Rjp^icd to the person of our sotereign, 

a^Hitiiinthe proceedings before-mentioned 

ipfM Is aeizinsr lands, &c. why may it not 

KipfM to the seizing of a person ? And then 

f 'Hsiie' be proper, the gerund from that must 

k'visienduai,' and therefore we apprehend, 

■yM, that this is a plain answer, and that 

■Bib so colour of reason for this objection. 

SdGen. My lord, as 1 apprehend these 
nations have no real foundation, nor scarce 
■f csioor in themselves, so I do not know 
*Mbir it would not be giving too much cre- 
illilhciD, lor so man^ of the king's counsel 
■ Mead your lordship on this occasion, to 

eihe time of the Court in giving answers to 
The true answers, and all the answers 
lU can he cr>^en, have been already offered 
ttiitry fiiH)- enforced ; and therefore 1 shall 
littsable your lordship whh any thing fur- 

Ik, Emngerford, My lord, I beg a few words 
% *ay ot reply. As to the first objection 
■ilape it is not answered : we object against 
it sords * plenius veritat,* as words of no 
Mm or meaning, as ranged or placed in this 
hfateent. Mr. Attorney hath endeavoured 
liMke tliem sense by transposinor them, and 
Mmiag * plenius veritat' ten lines bcfAre 
Hit iIm indictment hath. VVc must take the 
tliey are in the indictment : and if 
t4sy are not grammar, or intilllf^ilile there, the 
p^tfjfcum still holdn. 1 know not what liberty 
icbsg's counsel hath to transpose the wurds. 
1 iaam school bovs sometimes pick up words 
hmi rej^ard to i^rammar, to make w hut they 
I fioawiiM- verses ; but 1 never knew an nt- 
^t before by transpoi»io|^ of word^, lo mnke 
le grammar, prose, or |>octry. There 
bih? that hath been mentioned, tkut the 
lute settled the foriiiM of proceedings 
• *■•« of high-treason by direction of the 
eof Lords, and this ' plenius veritat.' is 
to the form inserted in that treatise : that 
my lord, notwithstanding the solemn al- 
r Afit by the judges, is not, with siih- 
i,a conclusive auUiority : h was dtMiied 
• in the case, of Matthews, whicli case 
the better speak to, because 1 was of 
4 in it. The objection taken in the 
f Matthews was to the panned of 
"i far that the addition and places 
1 «f the jurymen were not inserted 
vding to the directions of 



I tbih 



that book, the better to guide the prisoner in 
his challenges. My lord chief justice King, 
who presided at that trial, assisted by all tho 
then judges of England, (except your lordship, 
who was absent) over-ruled that exception ; and 
1 think the rest of my lords the judges, now 
present, concurred in tnat resolation. Where- 
fore, if we have no authority to combat with, 
but the authority of that book, which bath 
been solemnly denied to be a good authority, 
we hope this objection shall stand. 

My lord, as to the word Christophorus, with- 
out (loubt the etymology of the word is as Mr. 
Ketelbey hath opened ; and there is this further 
to justify that way of spelling which we con- 
tend for, even the two first syllables of the 
word in the indictment are * Christo,' as the 
Greek with an o, and not * Christu' ; and in 
conformity with the Greek spelling in the two 
first syllables of the word, we hope the next 
syllable must be spelt so too : but since it is 
contended, that the substance of this objection 
must be put into a plea in abatement, we shall 
wait the direction of the Court as to that matter. 
As to the words * compassavit, imaginatus fnit, 

* et inlendebat,' there is something in that ob- 
jection ; they all relate to a time past, but they 
are in different tenses or time ; there is the 
prcterperfect and preteriro perfect tense, and 
there is the conjunction conulative between 
them, as if both tenses implied the same times, 
which it is certain they do not, and therefore 
they charge naught ; for a thing cannot be 
done lately and formerly, and both at the sams 
time. 

As to the other words ^ ad capiend', seisiend^ 
< et imprisonand.', we are u[>on the forms of 
an indictment, and must be governed hy the 
usual forms : 1 believe there is no instance on 
record, where these words are made wne of in 
any acquisition of this kind ; for whirli rea- 
sons we humbly hope this indictment shall be 
quashed. 

^\r. Ketelhet/, My lord, I beg leave to of- 
fer a word or two by way of reply : Mr. Ser- 
jeant Pengclly is phased to say, that sense 
may he made of these words, and that *■ plc- 
' nius verltntem' as it is, is good Latin, hy lift- 
ing these words from the ht)tt<)m of the sen- 
tence, to the top, and inaUing then) follow * ad 

* inqiiircndiinr. 1 believe four parts in five of 
the eafilion interfere between the * iuq«>i- 

* renduin' and the * {denitis vcrilutrm/ a whole 
eatalogue of offMuet'S s<'veral iiv!p[)endi:nt 
sentenres, ilifferent limes, persons, places, 
ttiin^^s all stationed between, and yet these 
words are to be united : I would he ^lad to 
know by what rule of granmiar this can be 
ilonc ? 

As to the word Christopheni*:, T shall not 
further insist u|M)n that as a pn)p(T objection 
under this head, because your lordship seems 
to be of an opinion that we ought to have plead- 
ed it in abAlement. 

As to the word ' seisiend. % it hath been said 
it is a word well known in the exchequer, but 



I 



til] GEORGE T- 

tbey drt mi ihevr one iutitance wherccrcr it 
Wfts uied ; inil(^ell lliev mentioiv a |>rerppl to the 
■beriff ' seisii'i t»cbs,* and the return * sebiri 

* feci/ but what is thai to * lieiiiienditm \^ the 
ooeis juslHied by u)»age, tlie * seisitus* as * sei- 

* »iri ;* besitles * seisin^ is there u^ed ia the 
rerj same sen&e which the bw hath impoiied 
iip<inH; it U to be put into poii»pssioii, liie 
landti are so delivered by the slieriff idto the 
hands of the king, that he beciimes seized 
thereof, * ul de femloet in fure coronie,' till ao 
' aiuQveas tnanys' be obtained : hut if ever that 
word was nut into any imhctinent la sig^nity to 
fteize and jmpriiM>n the king, it is entirely un- 
kiioivn tt> me* 

Indeed here ii one piece of d<iclrine offered, 
tbat if it holds good puts an end to all our ob- 
jections, and ereu tu the uct ot^ parUameut on 
which they are founded ; bui 1 ntust own it 
ii entirely new to me: we are told there are 
other worils in the indictnticnt, and o(her overt- 
«£U, nnd if one act is siifficieolly expressed by 
any one word, thoug^h there be words that are 
inaproper and false Latin, \ei it shall not 
ritiaie the indictment ; what a?ai1s tbeu this 
act that efi]|>ower8 us to make objections to 
tnU*writingj» naji-«pelUng» false and improper 
Ijatin f It is t'npos^ible to suppose, that who- 
ever bath tbe drawing ol an indictmefit 
ahould moke fauJlSf and ht under on frooi 
tirtt to tasi: no, in an indictment for high* 
Ireaion ibe greatest care is, or ought to be 
taken in the drawing of it ; and w here the 
life of a person y and all that is Taluahle is at 
stake, the law wili not ftubject any one lo such 
dreadful penalties and forfeiture lor an offence 
expresseJ only by words of an unknown or dn- 
bioua signification ; and iherefore, we hope 
ihftt this goes to the whol«, and that the in- 
djcimeut Bball be quashed, or else it would 
he nugatory for ui to be allowed to lake ex - 
ceplious to ooe part of the bdictment, if the 
other were good. 

1 believe Mr Attorney won't shew any 
iosiance (1 submit it to his greater experience), 
where lie ever knew one o^ert-act m an in- 
dictment aet aside, and the rest of the indict- 
ment held good : excepllonv huve, ever aince 
the making this act, het-n taken and argued by 
eouniie], and determined ; but if this liea ^^utB- 
cieot answer, turely they spent the time of the 
Court lo very little pur[H>se, in debating whe- 
ther there wera any fhults in the indictment, 
when it was ao easy to Khew it wun not faulty 
throughout, 51 r, Serjeant Pengelly has been 
jileaseil to mention the opimun of my lord 
chief jnstice Holt, U|mn one id" the trials be- 
fore him, that although one entire ovt^rt-act 
was insufficiently alleged, yet if there was nny 
other well laid, the Court troutd not qttaiih the 
Indictment;* I wish he hail fold us in what 
trial, or where it ia to be found, fnr I don't 
remember it in any of the printed trials: as to 
what was meniioned, with regard to the au- 

* See Uacb'i Hawk. FL Cr. book g^«« 4^1 
§180. 



kTwGpheir Layff^ 



tHl 



thority of that b^ok, f >r the wofds * pTenioa 
veritatem»' Mr Hu ne'er ford rightly otiser^fd, 
thai the authoritv of that book was uiieijy 
denied at the trial of Mattlieivs ; your lord- 
ship was not there, my lord chief justice Kin 
presided then upon tbe tiench, that book 
ticutarly directed, that not only the names 
tbe jurors should be inserted in tbe panueL but 
also their additions, and the places wbec 
they lived ; instead of that, the copy of i 
panjtel delivered consisted only of a long lij 
of bare names, no additions^ nor where ihe^ 
lived ; whereupon we made our ohjectioo, %wi 
insi&ted on the authority of that book. Not 
withstanding which, the objection was thf 
over -ruled, and consequently we hope wt; tba 
not be pinned down to the authority of th 
book any more in this case, than the othei 
for these reasons we hope your lordship wiil be 
of opinion that the king's counsel have *"* 
given u full ansiwer to our obj^cUous, and I 
the indictments hall be quashetL 

Mr. Hungerford. My lord, I beg leaT« 
hand up this precedent of my lord Cok«' 
where these words are entirely leffc out* 

L. C. X What is the use you would ma 
of setting up an extrajudicial opinion of __^ 
lord Coke's, as you rail it, againat the opinibii 
of all the judges ? Because it is not io my 
lord Coke's form, theitfore it is not necessary 
or riglit; but at the same time you would have 
us governed by my lord Cokeys opinion, you 
would have us reject the opinion of all 'the 
judges. My lord Coke may be wron^ j tbe 
opinion of all the judges io an extrajudicial 
case may be wrong; but it would be fery 
strange to give a greater weight to the e^Ort* 
judicial oifinion of my lord Ct»ke, because he 
bath kii tne words out, than to the opinion of 
all the judges that have put the words in ; 
neither is concluiive; but certainly tbe opi- 
nion of all the judges of later tioies, must 
have more weight than theextrnjudicial opinion 
of a single judge at any former time. 

As to the matter of this ohjcctioo, you say 
that in the recital of Uie coinmijisioii of Oyer 
and Terminer, in tbe caption of the indictment, 
it is aaiil tbe conituijvsioners had aothorily to 
enquire ' de quibuscunq; p renin ion iluw Vf 
* pleninsveritatem;^ * plenius vcrilatem' < 
in afterwards: we have been t<dd oi cL>..l„, 
and Ciceronian Latin ; and if tliertj he any 
regard to he had to that, is any thing mora 
common in every part of Cicero, than to put 
words last, that in construe tin u muFt come 
first ? I do not know any rule that is laid dowo 
when the words coming last, are io construc- 
tion to be taken first, hut only this, that the 
construction is to l)e according to the natural 
sense and import of the words ; and if so, tbefi 
in the aulhortty of the commissiooers, where 
it is said ihey were to enquire * de quibuscunq; 
prodi till n thus, he. plenius veritatetn,' in con- 
struction the last wonis must he taken tirst. 
You say as they stand it is nonsense, and sig- 
mhm UQ^wgt and the words vre Dugatury ; 
1 



IIS] 



Jhr High Tnaxon* 



A. D. nsf- 



[Hi 



hmm Diftterial where ibey »t«iid, they must 
l» tttkrn Ml ttiAi in3nn<^ of construction ai 
wttld wttke them sigftiificiin^ ibat in, by Ukingf 
Aelvt wortfSf ' pleniui ▼eriutem,* to go first 
to utwIiiittioD ; iben it ii fery proper iti4 
Jvf, anrfvli willbeweU. 

As td ili« iiiatu»f of the tiii9nom«f, that you 
k«fe fiven op, and very ju«Uy, for yoirare 
r I* pt<*oil that io abatement.* 
i«iXt objeciron is, you uay here is itn* 
Ifttiti, *• compasKavlt* in the preterper- 
» imaen^^^u^ f»iit' io the same tense, 
bat' in the preteiimpcrft^ct tease ; 



XSL 



^kit§mm words Uy i\\eiu%e\Te$i^ guppone iL had 
Ian * Ma(rassavii' odv, * imaginatus fuit* 
MtjTf 9€ * loieodebal* cinlYt would not either of 






whether in the preterperfect or 
ct tense, hare been sufficient to 
' obirg^d Mr. Lsyer \l'ith having- some 
t.Hl anil imaf^ined ihe dtrath 
if^kiti^ , one oft htse Hords charge 

km with the luient of couipa^siug aud iinsi- 
l^ «ti4l that re-iates to a time that h passed^ 
preterpeHect (eose^ or prtterimper- 
t m aot msleriil : then as to oue ol ihe 
U, as here be a great many to which 
as stj ecti oo is ma<)e, the hii^h-treuson is com- 
j ttoti imag|iiiiiig the death of the kinjf ; 
ftttvcsf'ttcfs are seferal, either is snfficietit to 
•Ml ll>e treason of compassfnf^ and i ma* 
the 4eath of the kin^. One of the 
I U| that he did de^iig^iii consult, and 
iffve * ill capiend, seiiieud", et imprisonand.\ 
wm pcrsoe of the kio^. Suppose it hud been 
^■rf eaMesNl,* et imprisoDand.*, then you say 
H hmd Wen well enough ; but the putiiufj m 
iisi wvnl * seisiend.*^ will vitinte the whote^ 
WcaiiVQ It IS an improper and vicious word. I 
4s«H know that, nor dare not say in a court 
if bw lliat it is an improper aud \ icions ^ord : 
Mi mrt told of a c<»urt ot lA\Ar where the word 
■ uuBit mu6 bath the same signification as io 
te iB^nrtment ; as to seize lands into the 
iMiii of (h«f kiiigi to seize land^, or to seize 
1k9 luit|^ |i€rson, the word i$ the same, and 
W • mmm^ » fo^td, aud enough to sig'Qify to 
lalidft, * seiifire' is enough to nij^nity to 
' th« king'* person ; therefore t thiuk it is 
ipro>iif*r worti ; hut whether it is or uni, there 
ii MRcseitt in the indictment Io mainiaru tlie 
divjfe sg^ainat Mr. Layer, for he is charged 
irtib a consuhntion and' ngreemeiit to take the 
with a con suit at I on and agreement to 
1 detain Ihe king in prison : these 
em without the word * scisieod/, but 
sctsietid.' hath been a la w< word, 
I to our proceedings at law, never oh- 
10 ; bat if we say it would not sig- 
A aeisiogt we must set aside half the 
dio^ in the Court of Exchequer^ These 
l£e objections you have made, and 
apprrhensiun they ean be of no ose 
Io yoQf ehent, they signify no* 



• l^oach's llawkini's Picas of tht Crown 

% c. 45. ( oa. 

VOL, XTL 



Jli%X, Pomyi. I am of tlie some opiuloa : not 
the least doubt remsins with me. 

Just. Eyre. I think the caption of the in- 
dictment la in common form, and the excep- 
tions to the indictment its«$if are fuUy an* 
twered. 

Just. Forte$cue Aland, I am of the same 
opinion ; and think the objections to be of no 
weight, 

L. C* J. The objections being all orer-ruted; 
demand of him what he hath to plead. 

CL of the Vr, Christopher Layer, hold up 
your hand. How say you, Christopher Layet, 
are you Guilty of the hi;;h'treasoQ whereof 
you stand indicted, or Not Guilty f 

Prisoner, I dcjiire my plea of misnomer may 
be received, ^liid 1 plead Not Guilty as to 
tlie fact. 

CL of tht Cn reads the plea, 

*^ Et Christuphorus Layer ad Barram hic 
duct, in propria |»ersoua sua venit^ et habito 
audit u Itidicttiment. pnedict. dictt quod ipse oil 
persoua in IndictameuL pnedict* mt^utiooaU ct 
nitens. |»er nomen ChriKiopheri Lay<?r, tJUMr 
de paroch. Sti. Andnei Uol borne in Co^* Bul» 
VI r. etveriiUH quern indictauicnt. prtjedtct. pru- 
lal.existit pro a!t. Prodiiione prttdict* et dictt 
quod ip»e ad Indictament. illud re-^pondere 
compctli no[i debet, quia die. qtiod ipaediu aute 
teuipus caption. JndiCtanienU pnedict. uecnoii 
hiite tempus oflensi in Indictament. ill. specie 
ficat. et heri i^upnomt. Baptizatus fuit per 
I nomen Christophori, et per id nomen Christo- 
' phori semjier a tempore Bapiizatlun. suts hu- 
jusque voeat. nuncupR(> el cogoit. fuit, et hoc* 
pHrat. est terificare ; unde ex quo ipse non no- 
mioatur m Imltcrament. predict, per nomen 
Chrislophori, petit judicium de Indictament. 
illo, et si ipse ad Indictament. pnedict. ullctius 
retipondere compelli debeat, Ace. et quoad pro- 
dilion. in Indictameist, pra.*dict. mentionat. ipse 
prteilicl. ChriMophorus Layer dictt quod ipso 
m nullo est inde culpabdis, et inde de bono eC 
malo ponit se super Fatriam, &c.* 

" j, hungciiforp, 
** Abkl Ketelbey.** 

X. C. X Your plea is reccired. He hath 
pleaded in abatement first, and then ple^do 
over to the treason. What say you to it ? 

Serj. PtfigeUy. It cannot be expected thai 
we should luve' a rapljcation reody to their 
plea in abatement : we were not aware of tliis; 
therefore we ought to k«ave time to draw up a 
replication. 

X. C. J. What say you to it ? 

Mx* Hungerfht'd and Mr. Kttelhey. My lord, 
we have uo objection to it. 



♦ " The rii-ht « av seems to be, that ph 
should be followed wuh an o, aud/ with an tf, 
the ftrst being derived from the (Iret-k, and the 
other from th« Lstin. See Lowick'g indict^ 
inent, vol. stiir, p. '275, where it is Christo- 
phonji Knightley. See alio Co, Eoir. 61* a. 
55, b. 215, c. 80g,c. d, 310, i. b, 3X9, a, 331, 
b«** Pomicr Kdiiim* 

1 



1I5J 9 GEORGE I. 

£. C. J. Well, the plea is recorded. Con- 
sider DOW the question on this plea, is, wbetlier 
be iras haptizetl by tlie name of Christophorus 
or Cliruitopheriis P 

Serj. Pengelljf, My lord, to-morrow and 
next day beiog holidays (else we should ha?e 
been ready by to-morrow) wt therefore pray, 
that he may be broujj^ht up ai|;ain on Saturday 
by rule of this court. 

Mr. Huveerford, I ba?e some deuM whe- 
ther it can be by rule, or by Habeas Corpus. 

X. C. J. When once a Habeas Corpus bath 
been granteil, and he is broua:ht lietbre us, we 
can order him to be brou<)fiit aj^in by mle. 
He most be taken back again, and brought up 
here on Saturday next. 

November 3, 1722. 

The prisoner was tliis day brou«^ht to the 
KingVbencb-bar by the heutenant oi' the 
ToncT, hi obetUenct to the rule of Court made 
the 31st of October; 

Att, Cmcii, My lord, I have demurred to the 
prisoner's plea in abatement, and pray the 
demurrer may be read. 

CL of the Cr. reads the ilemurrer. 

«* £t Uobertus Uaymoiid Mil. Attorn. Dom. 
Reg^s Generalis qui pro cudem Dom. Rege in 
bac parte sequitur haliito audit, placiti pitcd. in 
cessation. Indictament. pried, sujierius pla- 
citat. pro codein Dom. Kecre dioit quod idem 
pincit. materiaqtie in eodem omtL-nt. minus 
•uflirien. inlegeexist. adipsum Christopheruiu 
a rcspr.ndend. ad Indicument. ill. excu sand, ad 
quod quidem placit. idem Attorn. General, 
necesse non habet, nee i»er legem terra: ti^uetur 
•lique modo respondere. Etlioc idem Attorn. 
General, proemlein Dom. Rege pamt. estrc^- 
ticare prout Cur' ^c. Uude pro iusuf&cieiit. 
placit ill. idem, Attiiru. Dom. Regis General, 
pro eodem Dom. Rege petit judic. et quod in- 
•lictament. prwdict. bon. et sutliciens adju- 
tlicetiir, ^c, Rob. Raymond." 

Alt, Gen. We pray tUey may join in the 
demurrer immediately. 

Mr. Hungefford. My lord, it is altogether a 
surprise to us, and as the clerk hath read it, it 
16 impossible for us to take the substance of tiiis 
• dcuKirrcr. We therefor? hope we shall be al- 
Jowed a few days to consider of this matter of 
ioiuiiig in demurrer. We shall not ask many. 
The prtcedeuts are so, the prisoner was always 
Indulged with some time m a case, of this na- 
ture. Before the act of parliament for regu- 
lating of trbls, where matters of law were 
started, or any special plying did arise, the 
prisoner was mdulj|^ed with a great number of 
t;ouosel . Fitzhams had Ate, a greater number 
tlian I ever knew engaged on one side in deli- 
bcfrations of this kinu, unless it were that 
number of learned counsel which met to adviee 
upon, and adjust this demurrer. But 1 think 
in the ordinary course of tbe Court w are 
proper to desire two or three dayii. Tiro or 
tluroe days is bat a liltle tinob opociallj whm 



Trial of Christopher Layoff [IMF 

the life of a man is concerned. Mr. Attomcj 
took from Wednesday to Saturday to coosider 
of our plea, we hope at least the same time 
shall be allowed to us to consider of this de- 
murrer. I have in my hand the amigDiDent 
of, and proceedings against FitEbarrii, lie wa» 
indulged several days. 

Mr. Ketelbeff, AJy lord, I have brooffht thr 
book along with me relating to FitxDwim: 
As to the matter of having time to join in de< 
murrer, whether we are not entitled to il Iqf 
the rules of the Court, 1 must submit to yoer 
lordship, h is a case of great oonseqnenoe & 
and, as I takejt, tlie constant practice is, thai a 
four days rule is always given to join ia de« 
murrer. This is alwsA s done, as I am in- 
formed, on the crown-side as well as the i ~ 



side. The tenor of the rule is either to joiB tt 
demurrer within four days, or to wave tke 
plea ; but Mr. Attorney requires to do it ina- 
mediately. In Fitzharris's case the attomcy- 
general demurred in court, and the oouDsel OB 
the other side refused to join in demurrer ioH 
mcdiutoly, and they had from Wednesdav t» 
Saturday. We hope therefore there ihdl ee ft 
four days rule for us to join in demurrer ee in 
all other cases. If we are not regular in in- 
sisting upon four days, we hope at least your 
lonltdtip \ull indulge us with some time; or if 
uc tio immediately join in demurrer, tliat wm 
shall have some time to prepare oureelfw 1^ 
argue it. 

L, C, J. How say you, Mr.Haroowrlf hew 
is the course of the Court ? 

Mr. HartourU My lord, in criminal pron 
outioiis for misdemeanors, two four day mliP 
to plead are given, and a i>eremptory mlemof^ 
for; and tlieu if there be a demurrer, one ftq^ 
days rule to join in demurrer is gifen, indn 
peremptory rule moved for: Bat in 
cases tiiere is no rule given, either to 
join in demurrer; all proceedings in 
cases being at bur, the prisoner is obliged on 
occasions to answer immediately, nor can ' 
be any instance shewn to the contrary.* 

JL C. J. The course of the Court is 




you. 

Mr. Kungerford. As to the conrse of d 
Court, 1 Imow no better description of it, th 
that it is the iminterrupted usage of the Co^ 
warranted by reason, or at least not coo.^ 
dieted by it. The officer tells you that in « 
minal cases which are not capital there 
rules for four days, and four days to plead, ^ 
likewise a four days rule to jom in demnr^ 
and surely if in a criminal case, which ie 
capital, a man is indulj^red four days ; an. 'i 
in a criminal case as this is, which it o 
and doth touch a man's life, his posterit 
his estate, by parity of reason, the indnl 
ought to be more than four daya^ I iiegl 
to observe one thing in the case of Fiw 
now in my band, 
aska the prisoner, 

• Aslothli iM- 
Bobert Johmii 



bine in the case of Fits 
d.llykml chief justii 
r, wiU you picsi ofr-* 



I fira may bt^e any time in reasoo. 
my Wfd, we bave fUeaded oter, we hate 
mmk4 Noi Guilty as to ibe otfence ; i<> that 
Ibf tbift rcftsan we might bave till Hilary term 
wad^ btca.v»i we bate forwarded thein in tbeir 
already by pleading Not Guilty aa tci 



ibc Ii4(k>lm«m/ And we hope, theretbre, 
Ite ffsten^ii of the other side vf ill not 



lEBi wHb tas for two pr three days in a caae of 



Mr. Eiielbey, My lord, I ooly t>eg leave to 

ate tbis single word, that tve do not iDsi^t 

o^tftblbr delay, or to put off tbe trial j we 

M«f ftgmiie*\ firer to the treason, and in caiie 

aM JuIq in demurrer^ whatever time is 

np in arguiui^ it, cannot obstruct the 

itog« ID order to the trial i nay, the trial 

le Iftad before tbe matter of tbe deniiirrer 

WiiimiUied. 

I. C. X 1q case ymt should join io the de* 
tt«Mr, w bat can you do elie f 

Mi. Keiclbry, f believe we abalL I f we had 
'«p( tliDQght our plea would bare stood a de- 
VttTfr, w«! had not made use of it* 

8e^. PtMgeliy. My lord, what be praya ia 
IfiiMt the rules of tbe court ; in ail capital 
I <attei tlicre arc" do rules given to plead or joitt 
Ib demurrer, but the proce<edinga are all * in- 
I HMer,* tbe prisoner being present in neraon, 
I^mI llierelore, my lord, the re is noihing m what 
^Hibij wit. When tbey put iu a plea id abate- 
^pVOll bere al tbe bar, which cannot be ex]>ected 
I m dtoOflil af, it is reasonable that there should 
I kt womm time to conaider of that, to &ee tbe 
sgbm of it^ and cotisider what to answer to it, 
Wt hare dernun^ to their plea ; no doubt 
tlkay had ci/nsidered of their plea whether it 
Was a |roo<I plea in law, or not; if it be not 
DDOit, can they amend tbeir plea in abatement 'f 
u was never allowed: If they can make no 
iUeralioQ in that, what can they do ? Tliej 
AMI do oothiog else but join iu demurrer ; it li 
all tWjr can do ; and when tbey have joiued in 
dmurrer, westiail f«e if they have any reason 
<BrfKrtlicr time* But aif to what they say, 
Aat ii lotlie Sttfficieoey of the pica, it may &e 
■rnii4 snolber time ; and as ihey have pleaded 
•far lo ilie treaAon, there needs be no delay aa 
to Ibe trial ; I would he glad to see whether 
Iv this lliey 60 not deprive the cro^ru of the 
rf mip o , to proceei) in such manner as shall be 
^•i^it most advantageous for the carry tag on 
^ plOtttutJQD ; but IS it advisable to leave a 
jfm in afaatemeot to ttie whole undetermined, 
is4 lo try tbe issue Htst? I believe ttiey can 
lifv AO aocb tostance, and therefore in all 



i i^aaes, as well as iu criuunal, the pjea in 

BCfit goes to the whole, to destroy the 

» ifrdiiOtiiieDt, aud indeed ought to be de> 

before the Court goes 00 with the 

InM* My lord, we are surprized at what tbey 

•cHi by ihta, when they can do nothing else 

bit jotn in demurrer, and therefore we hope 

^^^iLftbali join immediately. 

^^^Hb* Gtn* Aly lord» what we insist upon is 

pWi new tbtiig i the coastant practice io cases 

if ibit ptlitrt Das beeOi tbat if a demurrer ii 



put info tbe priiioner*s plea, be most join in de- 
murrer ' instanter/ 1 believe tbe gentlemen 
of the other side cauntit i»hew one instance to 
the contrary. The prisoner can do nothing 
but join in demurrer. As to what ha;* been 
said about our having time from Weilncsday to 
8aturday, the reason was because Thursday 
and Friday were no Westminster ball days, 
for which reason we could not have the pri- 
soner brought up befure this day < Tbe putting 
in a demurrer to this plea can be no surprize to 
the counsel for the prisoner ; for yesterday wa 
sent C(»pies of our demurrer to them. Mr* 
Pember, tlie prisoner's clerk in court, had a 
copy or it by two of the clock in the afternoon ; 
and the prisoner himself had one about four 
oVIock. As to the case of Fitzharris whicb 
has been cited, it was a plea looked upon to cou* 
tain things of very great difficulty ; tbe time 
asked for there was not to join iu demurrer, 
but the time applied tor was lor settling the 
plea ; but as soon as Mr. Fitzharris bad 
pleaded, and the Attorney Ceneral bad de* 
murred to it^ the Court ordered ttie prisoner to 
join in demurrer * iastaj3t«:r.* As to wbut baa 
been said, tbat we may [iroceed to trial on tbe 
plea of not guilty before the demurrer lo tbe 
plea in abatement is determmed, tbat ia by no 
means advisable; tbe consequence of that 
may be very ratscbierous ; for if tbe Court 
should be of opinion tbat the plea io abate tnent 
is goo<J, afler we have disclosed tbe wliole evi* 
deuce aguiu^il the prisoner upon tbe trial, 
tboui^h we ohiained a verdict for his majesty, 
the whole must be set aside ; and therefore we 
hope your lordship wilt uot break iu^o the com- 
mon metJjod of proceedings, but make tbe same 
rule for tbe prisoner, as luways haii been made 
iu cases of the like nature ; whicb ia, that be 
shall join in demurrer immefliately. 

SaL Geii, My lord, I agree with the counsel 
for tbe prisoner that we are io a case of lite, 
and that is tbe reason why their client should 
ba^e all the indulgence the law %vill allow him, 
Bui I beg leave to observe, tbat we are not now 
00 a question that directly concerns the merits 
of tbe case, nor whether a prisoner who is to 
answer for his lite at this bar, sliould have time 
to senit for his witnesses, or prepare for his dt;> 
fence. That indeed might be of a different 
consideration^ But we aie now barely up^m a 
frivolous^ dilatory plea, ns frivolous a plea as 
ever was oFlered in any castf whatsoever; and 
the question is, whctbi'r they, who have pre- 
|tarea and put in this dilatory plea, shall have 
time given them to consider, whether tbey wilt 
join iu demurrer upon it or not ? As to the 
case of Fitzharris, whatever they have inferred 
from It, J think it nether turns against them. 
Was that a plea of Misnraner? A letter pre- 
tetided to be mistaken iu a name, whicb 1 beg 
leave to say, when consideretl, will appear to 
have been always so written in legnl prf»ceed- 
mga: No ; it was a plea of the pendency of ati 
impeachment lor the same offence, sent up by 
the House of Commons to the House of Lords, 
and by coniequence^ iu tbat case, tbe prero« 



4 



119] 



GEORGE I. 



Trial ofChri^ofher Layer ^ 



[IflO 



l^atiFe of the crown, the jurisdiction of the 
Lords and the privileges of the Cummons were 
highly concerned. This was a question of as 
great weight, and perhaiis of as great diificuhy, 
•s could come before the Court, and therefore 
the prisoner had time given him to plead that 
matier ; but when the Attorney General de- 
murred to it, the prisoner ioined in demurrer 
instantly: And as Mr. Harcourt acquaints 
jour lonUhip, the practice is, that there is no 
such rule for proceeding upon demurrers in 
capital prosecutions as in other cases ; and this 
appears by their never being set down in the 
paper to lie argued, as demurrers always are in 
other causes. 80 it was in the case of Fiiz- 
harris. That was argued by four or five coun- 
■elof a side, without being set down in the pa- 
per. Id the case of the prisoner, which is 
3'onr present consideration, more hath been 
done for him than was done for Fitzharris. 
Here is not only a demurrer given in by Mr. 
Attorney at the bar, but the prisoner's attorney 
had a copy of the demurrer at noon the day 
before, and consequently they could not want 
notice that we intended to demur, nor be un- 
der any surprize from it. What then would 
they take tune for ? Can thev do any thing 
but join in demurrer ? Can they amend in 
capital cases P Or could they amend a plea in 
abatement in any case ? They Jcnow very well 
that thev cannot. Can they withdraw their 
plea ? I believe they cannot do that neither 
without tiie consent of Mr. Attorney General. 
If this be so, would thejr take time to consider 
ivhether they shall jom in demurrer, when 
they have no choice, when it is impossible for 
them to do any thin^ else? But, my lord, 
the method of proceedmg we are now insisting 
upon, hath been always taken in capital cases. 
I agree, when the question has concerned tbe 
merits of the prisoner's case, or when he has 
been to prepare and consider of some matter 
which has beeti, strictly speaking, his defence, 
time hath been allowed, but not in other in- 
stances. Where the exception taken hath 
been to the jurisdiction of tlie Court, and time 
has been desired to make it good, it hath been 
denied ; as in the case of my lord Preston, 
who was tried before my lord chief justice Holt, 
and other jud^res at the Old Bailey. My lord 
Preston insisted that he was a ueer createil by 
letters patent of king James the second, and 
consequently that the Court at the Old Bailey 
had no jurisdiction to try him, and he prayed 
time to produce his letters patent in order to 
prepare and make good his plea ; but the Court 
refused to give him time for that purpose. 
And 1 believe it will be fbaiid, that in all in- 
etances when pleaa have •PPeaied od the flrat 
' rm oftben to be merely Uetory. and ofmd 
^noollMw wmm^ luA te Mav dial mtiee 



think in civil actions the Goort 
would set this plea aside, but in a ease of life it 
is received ; and Mr. Attorney has tboe^bt fit 
to demnr to it. Is any advantage lost, ter the 
prisoner to join in demurrer instantly ? 1 ap- 
prehend what they move fur is to have tine ta 
join in demurrer. Are they notes reedy to do 
that now, as if they bad a week or tea daya 
time given them ? Is there any thing else eea 
be done ? And is there anv occasion fur tisM 
to do that which must be done ? And cenaot 
thev as well j<iin in demurrer now, as if tbi^? 
had more time to do it ? Certainly tliey nsajv 
my lord, since by the rules of the Court (as mtm 
Hiut^ourt intbruis your lordsbiji), there is ao 
rule given, but they are to join instaallj. 
There is no reason to allow them time, 1 ' 



thej^ can lose no benefit or advantage by ioia- 
ing instantly. So then, as we appreheiid, wa 
are in the course of the Court, aud there is no 
reason why the course of the Court shoald ba 
altered in tbis case ; we therefore hope that they 
shall join in demurrer immediately. 

Mr, ^Vi^ My lord, I think there is wMaa^ 
in the exception of bis counsel not beiii^ ready 
to argue his plea : no doubt they consideied oC 
it before they brought it in ; and wbea they 
had produced their plea, Mr. Attorney 
inurred to it. 1 cannot see why they shi 
insist so much for time, when they can de 
nothing else but join in demurrer ; therefore wa 
hope that they shall instantly join in demuner. 

Air. Ilungerford. My lord, 1 beg leave le 
set a matter of fact right, that is as to the ceaa 
of Fitzharris, which was mentioned as an an^ 
thority against us by Mr. Attorney, but in trath 
is not so ; for though Fitzharris's cnunael did 
join in demurrer innnediaiely (or * instanter,' 
as it is called) yet that was not by the eoerdeo 
of the Court ; but they voluntarily offered le 
join in demurrer, upon an opiniou fas I prs- 
sume) of their own great abilities and sell-snf* 
6ciency in the matter. But we have not thai 
opinion of our extempore perfonnanoea, bat 
desire time to consider of thiH matter. As tm 
my lord Preston's ca»e, qiuited by Mr. Holici-* 
tor, it is troe the Court diti not give liim leaviR 
to send for his letters |iateut, because, ei 
kn-d himself had opened them, and the 
was, his letters patent w»'re dateil at St. Ger-*^ 
mains, and griinted by king James there, 
his alidicatioo ; and it would have been 
highest iudi)(niiy both to the Court ami tfae^^^ 
veroment, to iiaVe such letters patent plced«^^ 
or insisted en ; and 1 believe no gentlesMik. 
the liar then, or now, would have signed a -^^^ 
a pleii, which if allewed would have im| 
that tlie government was not well 1 
their majestiee kiog William and queea 
end that king James (tfaongb at St. '^ 
bed a right le oeate peers, and eoasec^w^^^^ 
WM nelly kiaf. But if my lord PreBU.% .^^^ 
*-4' UntKB aalent regularly gvaaled U^^^ 
> -r Iniy WiNMMh in kschenl 
*a#^ 




lich 



book 



Jfof High Tnason* 

in tod to tilm there; that^ 
ibijofi, was iii9 reii«ion why 
iDilutge btm wKli time, »tirt 
t%«fc»^irt, 9 («ope, 19 of no 
ftK. Jt if «ai<i we ire tieil 
i , w« knew out own strenf^th 
i!^ and Itieri^lnre oti^lit to be 
li liul if ui^y ineniory «Kilh not 
sndnrv t nrjjeak it with aome 
M»m aneioftaiices where even 
« tt p]«« haU) bc«fi jimeiitled. 
«• 4ion« h the e«Me (>f my lord 
vrwB a pi en to the iiir indict ion 
JIIv lord, wc »hf*ll desire hut n 
fviiioh I hu|»e will be ^rrAuted as. 
My lord, hb to Fitxharris'ti 
wmn, amended th^re: the firtt 
1 io hj Mr. FiJzharris \\{m- 
fileci Wia brought in ai>d 
incr llie plea was read the 
lihn ^ouoaelf and ft^ve him 
*"* ' ' t*i nut the plea in 
ana it was alterod 
on Wednestlay. As In 
J «ay!i* that the Court com- 
til) ifi <^ifiurrer ttiitiinily^ the 
ok which I h*Te in my hand 
w^ iHat are aisii^ned counsel for the 
ii al Ike bar, we do not desij^n to de- 
f<C i atd itig»> litit to declare that ne will 
lignum wkb Ihem immeihately.^' 
I llfte words of the hook ; so that it was 
■tvry aet of the counsel, and they 
■i all f-.'^v'^Mf-d to it by the Court. 
hat M* t o!»»en't»s to be tiie 

} la., . -J ; ihat we cannot shew 
' to the ronirary ; I d(i not know 
Ri «li*»^v one invitAnce for it, ex- 
Iiirriu ; if they can 
nne instance, we flhati 

M a frivofon* plea, ibe variation of 

|ifl4 nc^vr writ otherwi!it>. %\ bet her 

mr nat will uppifir nheu it corner 

feofdahtp in pnf lament : a» to its 

f •Tiiaotberwi'.t' \Un\\ with an c. I 

Mlbcy can And ii in aity bouk 

f^ml upelt so, unlesc^i Ihey liuve 

• Ifiilr actor Ckrric-alis :' all the 

ttty an* otherwise ; 1 hrlieve 

^1 hui iittir weight. M 

, which Mr. S*Wtci<or 

'. 11**- that the Court 

tke out liis plea, 

I hail'. I ample ansi^er 

9 ai» lii tUe ctrcum stun CCS ; 

fthat lord had l»een «uch a» the 

fcf miitf wdit ij' t' |drn«ed to state 

^^^▼r, but t)»f contrary to what 

^ Fitzhamit's case, and there- 

tffta bw niaife of i| i* one 9111- 

r? and whrrr ^1 1 k 

' *^**'' '"'hihfrnce «»i ( 

^ h^^mr of lite, anil ^niin un 

pM^if at Ibe OBtureof tke thiujj 

(ttttp^ Mi taiatiiitly li> join in 



) «riiU 



A- D. 1793. [ISf 

Ait, Gen. My lord, 1 beg leave to state ««• 
fact right, and that is as to Fit^barns's case: 
they say the plea was put in, and sf(€!rw;irda 
amend eii ; that is a mistake ; the fact was, thai 
hit wite broui^ht a ptea into court ^ and olfereil it 
to the Court, and pressed it tiii^lit l>e reoeivod ( 
but BIr. FitzhniTis was adviied Ut consider 
what he did, and thereupon he took it back, aiUI 
aHerwards brought a plea "in, wl»ieh was ra- 
crivetl, and after that it was nerer allcreil. 

L, C. J, I d^rv say it is the lira time tbal 
ever in a capital cui;e, when a plea iir abata- 
ment was pleaded^ and the Attornev General 
thought tit 10 tlemur to it, that the'party de« 
sired time to join in demurrer. You arr not 
entitled to any time by ibc course of the Court, 
you cannot shew any iniitance to prove it ; the 
question then is, whether you have ^tven any 
reason for us to indulge you with lime, ibat 
never was i^nmtefl in a case of this nature. 

You have pleaded in abatement ; you were 
enabled so to do by baring' a copy of the in* 
dictment ; you brought your pltia ready en- 
grossed , and put it in. Mr. Attorney not'heinf 
aware of any »uch plea^ it cotild not be expect- 
ed he should be ready with a demurrer Ju hit 
hand to this plea, and therefore be desired time 
to consider of it. The next day it could i«ot be, 
nor the next atkr that, they being holidays ; 
but then tlie very tirst time that he had an op- 
portunity to come, he comea and demurs te 
your plea: but vo« deaire time, and why 
bbonlri you not have time, when they had 
time, to consider whether you shall join in de- 
murrer ? 

Do yon want time to consider whether yon 
shall join in demurrer, after you had time to 
plead and draw up your pl«»a, and have brought 
It into court? \Vbv vtiuuld you hare timef 
Can you do any tiling else hut join in de« 
morrer? You can <lo notbiogf ebe : and unleag 
you can shew any reason why tb*; Court sliould 
indul^ you, if you do not think fit to join, we 
mu«t ^'ive judgment against your ptea. Yott 
till IIS (»f the case of Fitzh arris ; that is as 
widely different from this caae as any thin^ 
can be. It was a ca».<* of great difficulty, tlial 
reijuired ^reat ctm^i deration, whcu a party 
comes and informs tiii^i Court, and insists he i« 
not %vithin tht^Jurisdiriion of the CuurC* H'ben 
a maiter is iirt;c*d to uh as a question of law, if 
we were not Ixmtid ik% we are by act of parlia- 
ment, we would certainly iu^»i|fn counsel to the 
prisoner to id^^itd a maiti-r of ilmt nature ; and 
when the Court in FitzhtirriH'ti cHf^e had aa- 
si(fned him counsel, were thi>se counnfl to ar- 
gue jmtUf'diMtely f It was nothing hut justice 
to give tli»iu time after they were as«»igaed, to 
Afffue a plea of that nature ; a |>tca in whtcK 
the prerogative of th« crown, the junwliction 
of the Hoim' of Lonis, and I he riijh.s of the 
Comtnona wne concerned. The Court ^ould 
not run hastily into the dctrrmmirtif id that 
msttff, without Itearing it drtj^ted by coun*te1, 
attd tberefbi^ they gave the coumel time, upon 
which they tnigbt be able to give just judg- 
ment. U there atiy thing in tbia ease like it f 



I 



I 



I 

I 
I 



18T] 



§ GEORGE h 



toen of the «lhc*f side seem« to gire » ftati<'tiou 
to it, and mukee it oot so friTolons 89 liatU Wen 
f«|i reset! ted. 

L. C. J, Whtt dr» ytm tiietti, Mr, KiHelhey ? 
Mwc is ftothmff asked of yoti : you do di?iirt 
t(| wave «ud witlidiaw your ptet ; >ve desire i4« 
koovir, if vou do» whether you will plead by ibe 
Qitne a» it is iti the indtctiuent? 

Mr. KeUibty. My lord» wt? do. 

Alt. Gen, We desire lh< |d -a €>f Not Guilty 
may be amendedf upon the consent of the pri- 
•ooVr. 

Mr» BHn[rtrford. We oflVr now» let the 
|iiece oJ'parcliiiieftt be eiilirely aWU^ihetl, take 
iieiiiirdy out of the way, aud wa plead Not 
Guilty. 

L. "iC, /. Your plea moft be now * et prtc- 
dict^ Christopherus ikictu^ hie ad harraiii,' ^c. 

iWr. KiteiUff. We siihmit it. 
■ PrutmtT, I desire to viithdraw and retract 
Ilie«iher plea, and do plead Not Guilty. 

L.C.J. No, it uiust he mel1dt^d ; yoo will 
liear hoiv it is when U is ulriick out and amend- 
Itd, ami Iheu y<^u will idl us whether it is 
lueuded Acordiiiij to v»ur iutent^ or no. 

CI, efthe Cr. '* fit pricdieiyfj Cliriwtophenjs 
Layer allocuiua existeus per Cur* hie de all' 
^roilitioii* firiEdu*ta|>er Indiciament^ piietliei' ei 
•uperiu!i iiiip4»i»it^ qoaliter «*e velit lode aci}uitv 
tail, ideui Christopheius L:tvei' diet t quod ip&c 
In nulio est inde culpnbiiiii ct tnde de botio et 
tnalo (Mtiit se super patrtaiu/* 

X. C. J. Is this accordiug to your intention? 

Pnumer. Yea. 

Serj. Pcfjgetty, My lord, I behere it is usual 
I In these cases ♦t>r the Couit to*appoint a time 
ibr (he trial; the lust return hut one m this 
tcrtn is the 19th of November, so if you please 
it may He the * quarto dte (»ost,' which I think 
la Wednesday, if that he auiiuble and C0D¥e- 
^ iiient to the Court. 

X. C. X What aay yoo to it ? 

Pri9oncr, I desire your lord&hip would 

fire uie a louv^er tiny to preparf for my trial, 
have a ^reat number of witnesses, twenty or 
' Xiiore, most of them peopit* of the first quality. 
\ 1 hope I shall hav'e the common processes of 
ttie Court III bring them here ; and, my lord, 
Another thing' 1 desire is, tbat f may have a 
Hiibees i'orpus ad testificand*, to briD|< my lord 
North and Cirey, and my lord Orrery at my 
IriaL That, my lord, you would pleaiie to give 
Rie as long* a day as you can to prepare for my 
trial ; if your lont^hip please it may be Mmi- 
' d^y the 26th, and tlien your lordship will hare 
ft aay of rest between. 

X, C. X That will be out of the relurn. 
Mr. Hungtrf'ord. They tnust appear, and 
I then may be atijoumed. 

X, C X It CBUuot be adjourned over be- 
t jroud the return. 

Mr. Kttelbty. My lord, the prisoner hath 

( fhewnthttt hehnth io uo rt*p*'cl aftecled delay, 

X. ex. It caunot be. God foihid that we 

•bould deny the prisoner to hare a reasonable 

time to prepare for his defence-, it is three 

we^ktffom Jbcwce; ^ou have been aware of it 



Trml Gf Chridopher X ffyf r, [ ISS 

I hing^ before; you have known the indictment 
was loond ; you have had s» copy ok' it ; you 
have known your chttrt^e; and is not all this 
I lime enoujjh*.* Consider, the term dr«ws to* 
I ivard an end, aud it interferes wiih the com- 
mon b4tsines8 of th« term if we carry it to a 
farther day : we do agree the Venirt^ to be re- 
turned Ociab. Martini, and the trial tlien moat 
be the * quarto die po^t,- i^hicii will he Wed* 
aes<lay the '21aL Aud it is proper tor us tfi 
give yoo an intimatiori now, not to eX|K'<!l any 
further lime, or the jury to be udjounied ; do 
but consider what a multitude must be bruughl 
n\t^ ei|r(ity at least ; the prisoner bath a privi* 
le^e to challenge 35 pei'cmptorily, aad after^ 
fop cause, as many as he pleaMes ; so that a 
great autnlver must be hn>ught up ; and ioif 
Ihem to be forced to attend here the 21^1, %xA 
still the trial to be put uflf, it will be a great in* 
convenience and a gi*eat charce, tht^refi^rc lliai 
must be the day \ we shall not consider lo put 
it off till any farther time. 

Pritmier. 1 beg leave for one wnrd more j 
I have a witoei^s that is to oouie from £din« 
burgh, and I eou Imrdly have him here by the 
2 tat. If I could but be indulged a few dajf 
longer— — 

X. C. J. We cannot do it without luakinj 
an error in the proceeilmga* 

Pri$on€r. b thei^ uo other returu for a Ve- 
nire to be returnable I* 

X. C, J. No ; there is none but that, 804 
the last return of (he tejtu ; and it is impoatilile 
to try him tliat day, without doing a manrf^il 
wrong and injustice to the people of EnglTind« 

Prisoner, My lord, where a aian*8 life is at 
stake, if I Kliould not be itululged over till the 
last day of the term, for want of a witness 1 
may be in danger of my life : 1 hojie therefof« 
your lordship will please to indulge me, 

X* C. X You have had a great deal of time 
already, time sufiicienl to bring your wittteM 
from Ediiihurgh, or any othei* place, aud wa 
cannot do it. To put you oA' to the last day ^ 
the term, is to do a manifest wrong to the jieo* 
pte of England. 

Prisoner, The reason why 1 mention it aver 
and ovsr again, i^-, because 1 would not giver 
your lordship the trouble to be turned over to 
another day, on troubhog your lordship witli 
a til davits. 

X. C J. Vo what you lay beiure us as mat* 
ter proper for consideration, we shall do wbai 
18 just. It is not proper for y ou lo tell us what 
we have to do, and to make bargains with os. 
Thai is the day of trial ; it most be on Wed- 
nesday the tint : your counsel wilt tell you if 
is im|>os«ible to comply with your request^ 
without dolug the maniiesteat injustice io tba 
woild. Or else, whether to try you upon the 
yist, or in two, or three, or four days ntr.r, t 
do not think the consequence worth disputing ; 
hut we cannot do it without douig wrong aud 
iujUHtict' to the people of EtigUnd, 

Ptnoncr, I hope I shall be ludulged two CT 
three days. 

X, C* X* We Gaa aay no in^re^ TIm taa§ 



High Treaion* 

hmA fbr prepiiration for yaiir trial we 
tbaodanily mlEcieut tii prepare yourselfi 
fere wc are of oinnioo tbat tbe trial go oti 
tktt dmf ; and we order it acconlingl v* 
Mr Ktitihof. Your lordship will pfea«c to 
a rtUe ftir bis wife and sister to come to 



A. D. 1722, 



t. C. X ^o ; not for his irife and sister. 

My lord, for a single woman to 

^ I the courts and tlie gnanls, to be 

herself, it is not so proper, my 

C-/. Yoti shall have a rule from the 

votir wife to come ; as for your Btstor, 

Wve that to the direction from ano- 

We must not be too forward in 

women to come, we remember an 

occmsinned by a woman comin*^ tliiihtfr. 

0rt». There must be a rule to bring him 

dav of his trial* 

^Ibey, ' My lord, as to having his 

Corpus ad testi^caud' for ra^ lord 

an4 Grey, and my lord Orrery- 

L C. J, You mast give notice, and then 

as^e miukl you please. 

Ilr» Uut%g€rford. By what was said, I did 

y<i«iLis:u4i4, I must confess, that though the 
ll was tQflde for the wife only, yet that it 
%bl be ift the power of tbe gentleman jailor 
fomiX l»er sister to come with her. 
£.» C J. We ifive no direction concerning It. 
_ c will have a rule from the Court that will be 
Im ilti«ction» unless he receifes any additional 
Anfiioii from auv other place ; but the Court 
ti»ia bis wife only. 

ilr- Ktielbttf. Ijiere was another thing' men- 
iisMd, tl»ai he may have copies of his papers 
iktX mtte wixed. 

JL C J, Gire notice for what you think fit, 
mik more it. 




iVopm^er '21, 1722. 



^K Thisday ChnstoitherLayer, esq, was brought 
H!|i|b«< lii*r I.I c'Hiftody of the lieutenant of the 
W TffWt. 1 -I nee of the rule »jf Court made 

I fv tliii , - i\ ill order to bis trial, 
I CLf^ the CV, You Christopher Layer, now 
I alMiiwr at ibe bar, these men »liich you shall 
■ bar oilM, and personally uppeur, are to pass 
I lnwern mir «io?ereiirn lord the king and you, 
I y> ' M«ir hfe and death : If you" will 

I dalit I, or any of them, your time is 

b chaJlini;^e them as they corner to the book to 
k »n«Ti. and betbre they be sworn* 
JTriiitrnife Nurfon,esq* 

Mf. Hungrfjofd. My lord, we desire that 
liiirofu m^y be taken off. 

Im* C- J. Vhe. ironi roust be taken off; we 
itin iKil trir till the irons are taken off. 

Prt*0iicr* 1 bope, my lord, tliat the irons 
ihanbeimwukenoC 
JL C. J. They Khali be taken off. 
Ifr Hungerford. Ttie poor man bath been 
ipprewied by these chains, that be was not 
iBMi to pri-pare his brief I had it not till lafe 
Im oigbt ; and ii b ten sheets of pap^r* 
fOL. XVh 



[120 

You have 



AtL Gen, W hose fault is that ? 
had time enough. 

Mr. llungtrjhrd, it is the fanlt of the rrobs» 
Mr. Attorney ; the brief was not brought to 
loe till eleven of the clock last night. 

X. C, X rt was an omission ; they should 
hare been taken off before he came to the bar« 

Alt* Gen* There was direction giren for 
their being taken off before ; how they cam* 
not to be taken off, I cannot telL 

X. C. X Are the irons taken off f 

Gent, Jailor. Yes, 

X. C. X Go on. 

CL of the Cr, Heneage Norton, esq. 

X. C. X You roust call over all the Jurr, 

Mr, Hungerford, I thought they would ba 
all called oier once, before any one is endea* 
voiired to be sworn. 

CI. of f he Cr, They hafe been called oret 
already, 

Mr. Hungerford, When P Not tince the 
Court sate, I am sure. I would know whether 
the intention is, that nil the pa nn el be called 
over before any one of them is sworn, or that 
the pannel is to be calleil orer but once, ijind the 
jurymen sworn as they thru appear ? What I 
have observed is, tne clerk calis over the 
whole pannel first, to see how many appear ; 
and then calls it over again, and swears them 
as they answer to their names, if not chal- 
lenged. 

X> C. X W^hat you observe is whai bath 
been done at the Old Bailey ; there they call 
them over first ; and then they call them over 
again, and as Uiey appear they are sworn pre- 
sently. But by the course of the Court iiere 
they are call^l OTer before the Court is silting, 
aniTthey mark those that appear. That is not 
sufficient; but they are called over figain in 
court, and then their apnearunce and non-ap- 
peanirice being marked, they do call lliose ever 
again that did appear ; and as one appears, if 
there is no ohjeetmn to htm, he must be sworn. 

Mr. Hungfrford. 1 have observed them to be 
called over when nobody is by, in civil casest; 
hut in such a case as thta, a case of high-trea- 
son, where peremptory challenge is allowed^ 
it is some guide to the prisoner tn making bis 
challenges, to know bclore-hand who du and 
who do not appear. 

Mr. Keielbey, My lord, with submission, ta 
all criminal caises, there is no other method 
than calling over the pannet according as it is 
transmitted mto court. It is probable several 
of the jurors who did not appear at I heir being 
called over before the sitting of tlie Court will 
now appear ; and therefore what we pray is, 
that the whole pannel may be now called over 
in the order as it stands, not tmty those who 
answered to tbe Hrst call, but those also who 
then made default. 

Att. Cen. 1 can't imagine what Ihey mean. 

X. C X Thin debate arises from not under- 
standing one another : You have the direction 
fd* tlie Court ; the pan net is to be called ojer« 
if any man doth not appear, bis default is 
marked and rcc^irded. IVheu aav ane doiU 

K 




9 GEORGE I. 



Trial of Christopher Layer, 



cm 



I 
I 



tppear, tod be is ool cballeog^, h« if t(» be 

Mr. Ketelhey* T came tbrouf^h the ball jutt 
DOWf and there is lucb m crowd that it is alnrMivt 
impocsibte for any one to bear wheo Ibey are 

FrUoner. My lord, 1 hope they thall be once 
called over i^^forc they come to be twcirn ; for 
•a to tbeir bem|r culled before, that was before 
I came ; it will spend but a little ttine to read 
Of er forty or fitly names. 

L, C. X Call them over. J would not deny 
MY thing that is desired in reaaoo by or on the 
prtsoaer'a behalf; consider what yoti are 
doiDg; the prisoner hath bad a copy of the 
paimei, he hath exumiDed it, and considered 
who are proper for bim to challentje peremp- 
torily » and be Lath considered who they are 
that he may cballeoge with cause. 

I eanuot imagine \ it ivos never done in tbia 
world i We have asked our officer : They 
ought to call over all tlie pannel ; but if they 
do not appear^ their default is marked ; if they 
do appear, the prisonei' knows whether he likes 
them or not* 

Therefore, when they come to tlie bar, if 
not challenged Uiey must be sworn. 

Consider what this demand is : we shall be 
An hour calling them over the flrHt time, that it 
may appear to the prisoner whether they ap- 
pear or not ; then afterwards you are to call 
tbem over again, and to have them brouq:ht itp 
Again when they come to be sworn. But tf it 
ever hath been done, it js fit it should be done 
now ; but our officer tells us it never was 
done, and why Bhoold you insiHt upon it now ; 
you have had all the indulgence the law allows 
yon. 

Prtiower, I have not had a copy of the 
pannel above two days be (ore. Here hath been 
in this cause nil the vile practices — 

L, C /. You must keep within due and 
proper bfioods. You are come now to be tried 
for an offence you are charged withal ; but you 
•re not to an'aign and challenge every body 
^se ; you have no right to do it. If in proper 
time it appears you have been ill used, the 
Court will do you justice, and [finish tbose 
Ibat have been guilty of any misbehaviour. 

Serj. Pengetiy, My lord, if they liave any 

objection to the jury, they are to challenge 

^Ihem peremptorily, wben the jury cx^me to Be 

iworu. Then is their liiDe; they are not to 

ntprtain the Court with speeches before. 

L. C. J* No, it is not pro^^r. — Consider 

bow unreasonable it is lor the prisoner 

.to arraign Bumebody^s iiiisbebaviour witk- 

lint namiog him. But in this method he is 

infkiniuiting objections, %rhtcb we cannot era- 

J mine whether they are true or false, on purpose 

|to captivate |>eople *» and, it ulay be, mialead 

bem in tite trial of the cause. 

Mr. Ketelbe^^ As I came in, 1 observed that 
|sU the avenues to tlie Court are barricadoed 
ftp, and only a narrow place lef\ ou the stone 

eps, and a guard kept there to keep out wboin 
tbey da not tbiuk fit to lei in. 



Att* Gen* 1 know nothing of it ; and I daft 
say Dobodv will give ^aoy countenance to bin« 
dering either jury- men or witnesses ooniiQg 
into court, when their Attendance is lequtrM 
here. 

Mr. KeUlhfy, I bad much ado to get la 
myself. 

X. C. X There shall be due care taken, ibM 
any of the jury that appear, wc will order wmy 
to oe made for them. 

Mr. Hungcrjord. My lord, I will lake up 
but very little of your time in this matter ; J 
find 1 was not understood before ; that which I 
contend for is, that the pannel be read tlirougd 
once in tbe prisoner's preaeucei to see wliat 
jurymen appear, before any j ury naiii ti 
sworn. Tbe prisoner hath a right to challtig^ 
thii'ty-five peremptorily, (»r without aasi^;iiaB^ 
any cause at all Now, my lord, this i« » 
favour, an indulgence granted to bim by hitr, 
and he is themfore entitled to it iu justice. II 
is of great use to the prisoner, in order to eojoj 
tbe true benefit of this iodulgence that the law 
gives bim, that bf knows who doth and who 
doth not appear ; for this reason perbajis^ if 
be did know that such an one appears he will 
take bim^ and tf he knows that such an one 
appears be will challenge him. And if he 
know that such an one, who perhaps staoda 
low in the pannel, and of whom he has a good 
opinion for being an honest tiian, will appear, 
he will challenge as many as be can of ttie 
preceding |)ersons, iu order to have him, thai 
honest man, of his jury. And as tn the time 
the reading of the pannel will take us, (though 
by the way it might have been over by this 
tiTne) I am sure your lordship and the Cimrl 
will not regard what proportion of i)m«* vOO 
f parp us, to let the prisoner enjoy the beiieffl of 
tlie law iu this case, and to have a full n)joy. 
ment of the indidgeuce of the act of parliament 
in its full latituile, that lie m:ty know and jutjge 
(as far as the law liath euabletl him,) u ho is to 
pass upon him as Iu his life and death. I l»rg 
therefore, my lord, tbiit the whole pannel may 
be called over once before the prisoner ia put 
to challenge. 

Fntoner, My lord, what we humbly move 
for is what is every day done at tbe Old-Badey, 
that they may be once called over,* All 
1 desire is what ia done there, and by tbe 
same reason ought to be done here in the tmk^ 
case where a man's hfe it concerned. I 
humbly move it that they may be called of er. 
L. C. J. We shall grudge no lime to do tbt 
king and you jiutice. It is dangerous to nia|c« 
a precedent, an innovation: But if you deair* 
it, I do not fiud tbe king's counsel object to Ik 

[Call over the Pannel.] 

\''ou do not expect all should be brongbl into 
courts but only to know if they do appear ? 
Mr. Hun^etford and Mr. Kdetbtv. No, ao, 
L.CJ, Tfie prisoner hatha solicitor; let 

^ See Leach's Hawkins's Plena oftbeCrOiTD, 
book 2, c. iO, § 4. 



155] for High Treoiom. 

tttatkody If* dnwn npofi the stepi, the soli- 

cite hm fimeut, anr| tlii^ii liv will hear who do 

md wtHi flo i>f*l mfifiear. 

Mr. Hungrrford, Wc humbly thank your 

ihi» is a real imluli^ence, and w 

ttl^ ibiuik your lurdnlMp i\»r it 

. if the Cr. calls over the whole paonel.] 

To« the nrisoner at the bar, these men^ 

Mr. iiUihey. If yaor lordship fleaKes to 
ay «i the suUciior comes ta, because be 
l^milatf to observe wbodld appear, and who 



A. D. 1722. 



[134 



MtaMienr, 
L^dteCr 



Henenge Norton, Have you 
i year freehold and copyhold in 
of Essex? 



I have no freehold,^ only copyhold. 
flea be was set anide.] 
Mb \% ilka* [Asked the same questioo^ai 

^ntali tb« others who appearfd, before they 

veeoiber eballeii^'ed or aw urn.] 
^hmmtr. I challenge hiro. 
CLfiUCr. MatkFroit. 
iViwiier« I chatlenge bim. 
C2L tflkt Cr, Thomas Clarke* 
Jiissmii. I do not cfaslleD^ birn. 
Criir. Tbofnaa Clarke. [Sworn*] 
CLtftkeCr. Heory Longbotbain, 
FHttmer, I say» i tbink his oaroe is wrong 

. Urn Oeun We are not now upon exceptions 
iv asia*s|}dliDg^. If his uame is written as he 
k SMiUy cftlJed, it is ri^ht. 

Fritmer, He says his oame is witb an ^, 
ud il IS wrviteo here with an d.-f 

JL C J* Doth the copy delivered to you 
I with the panneJ f if il doth, as long ae it 
t the sanne sound it will do* 

Frimnrr, With bumble subniissioo in the 
ate of Francia there it was allowed. 

Mr* Hunger ford. My lord, it is not the same 
vsutid, LoQgbotham and I/>n|(l>othom, and in 
Pkaiko«*a ciise the differetice of a letter was 
iiawrii to be a good excentiun. 

L, C, J- You are by Ia»v to have a copy of 
the paoQel delivered to you i if that pannel 
tirica from the other, it is a just exception ; 
laiif you object aofaiost a jury-roao because 
lisiMifie i« not rigbt spelts and that baib the 
MBe protitmciation, and be may be called 
Wmn^meM ooe mad iometioaes anotlier, it ti 

iHUcOOIIffll* 

Kr. Ketelbcy. My lord^ as to this objedioii, 
V'Uif^r the Longfootbftui ia rt^ht, or the 
Ii<H^lii»iP^ wbetber it is with ao a or 
ttef 

CLmfUkeCr, You mistake, it is Loogbo^ 
iBoi« «iid not Lnn^bothom. 

The last should be an o laalead of 



IP m, fjMiehotbam f 
LC^ Therefore i 



! we will ask the fj^entle- 
bow his name is usually pronounced, 

• »fc Lw^b'a Hawkins's Fleas of the Crown, 
lioki^e. 43, § 19. 
i 9m £«ii'i Pl<fl« of the CrowD, cb. 2, | 50. 



whether it is not pronounced sometimes Long- 
bothoni as well as Lon^Uothain ? 

Lon^iothonu Ye$, my li>rd^ it is* 

Prii, He tmyn be spclb bis name with an O^ 
and here it is with an a, 

Longboihum. I always spell my natne with 
an o, but my k tiers are generally directed to 
me with au a* 

Mr Hungtrford. He hath a copy of \\m 
pannel debveied him by virtue of the act of 
narliitineiit ; if the c^»]»y (>e not a true copy, it 
14 nut right accordiug to the directioa of 
the act. 

L, C. X Right 

Mr. Uufigerford, Now the pannel which 
the pribuner htiili is Kpell with mi a^ and the 
pannel of which this is a pretended copy, is^ I 
take it, spelt with an o, 

Ci. (if the Cr, Nn, they arc both spelt alike* 

L, C. J. You know ii, gent)eifieo,asweU aa 
can be. Don't let us spend time where th«re 
is Aotbing in it ; we will bear what is prosier 
fur our coustderatioo,— SupiKise a man is called 
and writ someliroes Longoothom, and soiQe^ 
times Ijougbtrthtin ; anti suppose he was cabled 
by either of these names, may he not therefore 
be called by one as well as the other ? Is that 
an object! ou to say he writ with au o, but 
people write to him with an a 1^ There is uo* 
thing at all iu it* 

Prisoner. Then I challenge him* 

CL of the Cr. Isaac Buxtoo. 

Fritoncr. I challeugc him. 

CI, of the Cr. Kicbiiid Scot. 

Frisoner, I ch a 1 1 enge hi m . 

Cl. of the Cr, Jubn Wormlaylou. 

Prisoner. I challenge him. 

CL of the Cr, John Andrews. 

Friioner, I don't challenge him* 

At I. Gen. 1 challent^e him for ibe king, 

Cl, of the Cr. Thomus Waterbouse, Htepheil 
Huff, John Thorowgood, Christopbtr Baily* 
Cbailengcd by tlie prisoner* 

C/^' Me Cr. Isaac Patter. (Sworn.) 

CL of the Cr. William Lord* 

Friioner* I challenge bim» 

CL rfthe Cr, Heeekiab Hay nee. (fSwam.) 

CL of the Cr, Ttiomas Hecklordy jun. 

Prisoner, I ehallenge him, 

CL rftheCr, Rtchard Wajjlett. 

PriMoner. 1 don*t challenge him. 

Ati. Gen, T challenge him for tlie king. 

Mr. Keteibetf. Mr. Attorney is pleased to 
challenge him tor the king ;' we bumbly io- 
eist on it, that Mr. Attorney is to shew bii 
cause of challenge immediately, t own it 
has been otherwise in one or two late in- 
stance* ; but I submit it, if that practice sliould 
prevail, whether the act of pari iu men! made 
on tliat occasion would not be in etlVc-t thereby 
abrogated, the act is the 33 Edw. I, and the 
words of it are : ** If they thai sue for the 
king will challenge any* juror, they shall 
assign of their challenge a catrse certain, and 
the truth of the same shall be iu<|uired of ac- 
cording t4> the custom of the Court,** Now, 
my k»rd, 1 beg leave to obeerve, upon thta 



155] 



9 GEORGE L 



Trial nfChrutopher Layer^ 



[136 



■ pwinel there are a httadretl and cwld persons ; \ the king or the prisoner challenge liim, they 
if Mr. Attorney is not obligfed to shew his mav do it before he lav his hand op the book* 



I 
I 



I 



if Mr. Attorney is not obligfed to shew bis 
fjauseoPcbaMeuge, when he challenges for the 
kiii^i till all the pannel is je^onc through, this 
act of (larhament will be of no Talidity what- 
•clever* If there bad been but a few returned 
(^It or such a nunil>er) then there mlg^bt hav« 
iHsensorne colour for gx)iug^ through the panuel 
before ibcre was any cause assigned for the 
challcofje ; but since this modern practice has 
obtained to make so numerous a paunel, if 
tbey are not obliged to shew cauie till the 
pnnnel is gone through, that law is entirely a 
tie ad letter, and of no siguiticancy. 

X, C, /. You know your objection is of no 
falidiiy ; you cite an act of parliament, and 
you know the constaot practice is againnt you. 

Just. Eyre. Though the counsel for the 
king mustassigo their cause of challenge, yet 
they are not obliged to do it till the panuel ii 
gone through, and the Jury-men returned^ 
who are not challenged, are all sworn : this is 
m rule laid down in Hale's Pleas of the Crowo, 
and has been always the coostant practice in 
cases of this kind. 

Mr. Hungtrford* What your lordship di- 
rect^ ia the last case is certainly precedented ; 
but I would propose it as a convenience that 
tlie Attorney t*bonld, as he is every %*ays en- 
titled, hare the precedence, and might chal* 
leuge tirst, and tnen we will determine after 
Jiim. 

if C. J. No, we must not do that, 

C/. o/'(AcCr. John Lowry. (Sworn.) 

CL (rfthc Cr. John How. Set aside for want 
of freeliold. 

CL Qj'ihc Cr, Tbomaa PratL (Sworn.) 

CL of the Cr. Richard Rogers* 

Prisoner. 1 dtvn*t challenge him. 

AU> Gen. J challenge him for the king, 

a. of the Cr. Edward Pleraon, Thomia 
Bland, William Spiiltimber, Ale.xander Weller, 
Thomas lland^ John English, Joseph Unwin, 
Ceorge Fry©, Challenged by the prisoner. 

CL if the Cr. Weston Stileman, 

PrU&Htr, 1 don*t challenge him. 

Alt. Gen. I challenge him for the king. 

CL of the Cr. John Crush, 

PriiOfter, I donH challenge liim« 

Ait. Gen. 1 challenge him for the king. 

CLoftheCr. Thumas Howlett. 

Prisoner. I challenge him. 

Serj. Pengelty. I douH know this meiliod of 
woceeding: if\he prisoner makes anychal- 
lenge, it must be before he comes to the book 
io be sworn *, but when he comes to lay his 
hand utiou the book, be is too late to chal- 
lenge I lien, 

Prutoner. Whenever I make a full stop and 
doD*t say I challenge, you do. 

Att. Gen. My lord, the prisoner is to declare 
whether he challenges or not ; afterwards the 
kiiig*s counsel are to declare whether they 
chiilleop^e for the king, and the juryman is not 
to put his hand on the book till then. 

X. C. J. He ought uot to put his hand on 
Ibe boiik till be is allowtd a jur^ ibed ; that if 



may do it before he lay his hand on the boolu 
CL qfthe Cr. Joseph Capon* 
Prisoner. I don^t challenge him. 
Alt* Gen. I challenge him for the king. 
Wr. Hunger ford. More have been chal- 
lenged for the king, than hath been known i 
any public trial in my remembrance. 

Ait. Gen. 1 am surprized at this observt 
tion, when the king has an undoubted right i 
challenging whom he pleases, v^ithout shawL 
cause till the panuel is gone through. 
L. C. J* It is always done. 
CL of the Cr. John Clarke. 
Prisoner. I challenge him. 
CL tfthe Cr, William Chandler, 
for want of freehold. 

CL of the Cr. William Burrows. 
Prisoner. I challenge him. 
CL of the Cr* Francis Aylelt, sen. 
CL of the Cr* George Bailey. Johnl 
Thomas Ruggle. Challenged by the pr 
(The prisoner spoke to the juryman.) 

SqL Gen* My lord, it hath Wen intimatedl 
the prisoner once already, that he ougbl 
propose his questions to the Court. 

X. C. J. You are to ask no cjueslions you 
self, if you will tell us the question, we ' 
propose it. 

Prisoner, Only lo know how he spelb 
name. 

C/. of the Cr. William May, Abraham 
Challenged by the prisoner. 

Mr, llangerjord. My lord, it will be of « 
little use to know for certainty how many I 
hath challenged \ they differ here in the coa 
putalion. 

CLofiheCr, He hath challenged 28 
remptorily, 
CLofthe Cr. Nathaniel Wessley. 
Prtwner. I don't challenge him. 
Att. Gen. 1 challeDge him for the king. 
CL of the Cr, Benjamin Rutland. 
Prisoner. My lord, I desire he may hm 
asked uhelher he doth not farm somethbg 
under the king, or on the forests 

L. C. J. U it was of any service to j^ou it 
should be done ; but if it is so^ ii m no ob- 
jection. 

Mr. Kctelbet/. The objection was once made 
in the case of sir William Perkins. It was re* 
commended to tlie kin^E^s counaeK 

X. G. J. I deny it. It was not recomniended 
to the king^s counstj], but the king's counsel 
did not insist upon it. 

Just. Fartescue Aland. The Court in thai 
case gave their opinion, that to be a servant to 
the kmg is no good cause of challeugc, and 
my lord chief justice Holt and Trehy werw 
present, and Mr. Attorney- General did not in* 
sist on the juryman so cliallenged, but wavea 
the matter without any recommendation of 
the Court, 

Mr, Kctelbet/. I know no other ways, than 
if Mr. Auoniey will do it, as it was done in 
that case. 
Mt* Ofii« 1 know nothing of tba fact. 




for High Treason. 

X, C X Wlmt do you do, do you cliatJeo^ 
hm or mo f-^FHumtr, I ctialleoge him. 

CL 4>ftke Cr. Afeacaoder Marshall, Thomas 
Mkr. CKftlleoffed by the prisoner. 
CL mf the Cr. John Blitli<^ande. 
^ Mr. Hmm^trf<yrd, My lord, he is searching 
* ' m p«|iir » he challetiij^es him for cause. 

My lord, what I have to offer, is, 

Mr* Milhgraude hath been heard to 

be came here, that I ought to be 

D«t J apprehend that is good cause 

png him^ if 1 make it out, 

David Martin called. 

Yon thaJl true answer make^ Sec* 
Hnn^trford. Do you know Mr. Milti- 
r^ — Afcrttn, Yes. 

Uuagerfi>rd, >Vhat hate you heard him 
\ oocicerning the prisoner at the bar ? 
Hvtn. 1 beard him io conversation say, 
tell bf^ped he should be banned, for he 
kieurf be was g'uilty. 

ifr* H^tngtrford. Tbi« objection sure is 
tj|^ f Mr. fttdtifrande was not sworn.] 
ay i&c Cr, Robert Walker. 
ffiimtr* I challenge him. 
CLjafike Cr. William Nicholson. (Sworn.) 
* * Bly lord, 1 have very near all my 

I tbiok they may go on as they are 
Mr. Attorney will challenge uo more. 
Ait* Gen, You may go on your own way, 
1 fWI ifialte oo barga ms wit h y o u . 

Mr. Kttftity, We do not offer any bargain, 
b«l osW an eiuedient to save the time of ihe 

Id. ^lAe Cr. Nicholas Freeman. 
J*ri$oner. 1 challenge him. 
CLvfihtCr, Christopher Hill. (Sworn.) 
Cr. €f the Cr. Stephen Wood. 
Prmntr, I thiok I hafe done ftU my 
cMlaifM 
CL if l4< Cr, You ha?e two more. 
Prmmer, Let them lake them then as they 
r 




Att* Gen, 1 challenge him for the king, 
O. of (h€ Cr. RichanI Bridge. 
^rimn^r, 1 cballeoge him. 

Si set ftjiide by consent, by 

CL oftL Cr. Robert Barnartl (Sworn.) 

CAW'fArCr. Leonard Beti net. 

himmtr, I do not challenge him. 

Aii Gtn, 1 cbdlenge him tor Ibe king. 

GifflAeCr. WitliamSandford. 

fhiuner. My lord, 1 have the same objection 
Ute fjcfitlemau as to rhe other; he hath de- 
lipid hb opinion t»efore-hanil^ and that he must 
mkit a ftacrttice of me, 

L, C. X Coll your witness* 

Mr. Martin sworn, 

*^ "^uthty. Mr, Martin, do you know 
^iinduird of Rumford ? 

^i Hare you had any|iliscotirse 

witli M..I* ^.nM.i the prisiiner at the bar? 
M&nm. He iaid» before he was summoned 



A. D. Vm. 

on the jury, that if be was one of the jury he 
would \w; for hanging of him. (Set a^iide.) 

Ci, of the Cr, Thomas Waters. 

Prisoner, Sir, I apprehend I have challengt 
thirty-tire. 

CL of' the Cr. Y'ou have one more. 

Prisoner, I will challciige no more, let them* 
go on. 

CL of the Cr, Tbomis Waters, Richard 
Gray* (Sworn.) 

William Whealley. 

Mr. Hungerford, I hope that what I am 
going to offer is proper. There is some little 
doubt how fu he is gone in his challengea, it ia 
said he hath one more, if the Court would in* 
dulge 1)5 so far as to let the persons challenged 
be called over. 

CL of the Cr. It is impossible that we should 
mistake. 

Mr. Nuttier ford. You say he bath one more? 

CLoftheCr, Yes. 

CL of the Cr, William Wheatly, (Swora.J 

Then the twelve Jurors who were swoni 
were couuteil, aud their names were as follow^ 
viz. 

Thomas Clarke, Wm. Nicholson, esq. 

Isaac Potter, Christopher Hill, 

Hezekiah Haynes, Robert Fiaruard, 

John Lowry, Thouias Waters, 

Thomas Pratt, Richard Gray, 

Francis Ay I ett, William WheatJy. 

a, rf the Cr, Cryer, make proclamation. 

Cri/er, O Yes I If any one can inform, &c. 

CLqftheCr, Christopher Layer, holdup 
your hand. Gentlemen of the Jury, look U|»oq 
the prisoner, and hearken to bis cause. 

He stands indicied by the nanje of Chria- 
topher Layer, late of the parish ol 8t. Andrew*! 
Holhonn ui the county of IVliddlt^eic, esij. for 

that hr» Sec, -Upuo this indittmeiit he h:ith 

been lately arraigned, und titereunto hath 
pleaded Not Guilty, aud for bin trial htttfi put 
litmHetf upon God aud the cuuntry, i«hLch 
country you are. Your charge is lu t^mjuire 
whether he be guilty c4 thjH high treason, ia 
maoner and form an he ^aiids indicted, nr not 
guilty. If you find htm purity vuu »hidl 
enquire uhat gotnts or chatl^K, lamU nr lene- 
ments he had, ai the time uf ihe niiid hii^h* 
treiison committed, or at an\ time nuice. If 
you iiEid him not guilty, you shall ^riquire whe- 
ther he tied lor it. If yon And thu( lit^ did t)y 
for it, you shall enquire of his giwKls and 
chatteh, as if you hud found him gitilty. If 
you find him not guilty, ainl that he did notdj 
for it, say so, and no mure, and hear your ert- 
denee. 

Mr. Wearg. May it please your lordship, 
and yoii geoilemei* of ihe jury, this is an in» 
dii-tmeut agaiusi the prisooer tor I ii[^ti* treason. 
The itiilictmeut sets forth, that he being a stib- 
jert of his present maji^sty king George, but 
not having the fear of God in his heart, nor coo* 
sidering ihe duty of hi»i allegiance, as a fiilse 
traitor agaiust his supreme, tine, lawful, and 
undoubted lord, co&lh^ib^ vcuWi^ V\^ ^Vgq^mX 



M 



of his power inteodiug io dian|^«, alter ind 
SYibveit llie governtueat of ibis kiugdom, law- 
fully at^fl happily established under his 
pn^eiit iniijefity, and ta depose and deprife 
Dki said iimje&ty of his title, honour, royal 
estate atid Kfoveroineut of Ihit kingdom ; and 
tp advaoce Io ihe crown and govern ment of this 
realm, the person in the life of the late king 
James «, pretended to be prince of ^Vales, 
and after the decease of the said king James 
pretending to be, and taking* upon himself the 
atiie and titlt; of kin^; of Mn^laud^ by the uarue 
of Jam^ 3, did upon the '25th da)r of August 
in the ninth year of his present mnjesty ^8 rcjt^n, 
lynd at several other days and titrtes, at Laytoo- 
fitone^ in the county of Essex, falsely, nialici^ 
0U^ly, and traitorously^ compass, imagine* and 
mlend to de|)oi(e our said sovereign lord king 
George, from his litle, regal state and govern - 
ment, sud the aoid king to kill and bring to 
utter destrurtion. 

The Indictment further sets forth, That be 
the said Christopher Layer, to perfect and 
bring to effect his treason and traitorous pur- 
poses, on the said lj5th day of August, and at 
aeveral other days and times, at Layton-8tone 
aforesaid, together with di%ers other false 
traitors, to the jury unknown, did falsely, 
iDaliciously, and traitorously meet, consult, 
conspire nnd agree, to move and stir up an in* 
■urrectionand rehellion inthiis kingdom, against 
our ssid sovereign lord the king. 

The Indictment further sets forth. That he 
the said Christopher Layer, to perfect and com- 
plete his treason and traitoi'ous purposes, on the 
siaid 25th of August, at Lay ton 8tone aforesaid, 
with force and arms, did falsely, maliciously, 
and traitorously publish a certain mshcrous, 
teditiot^is, and traitorous writing, containing in 
iLstlf, aud purporting to be, an exhortation and 
promise of rewards to the subjects of his said 
majesty, to persuade and ciccite them to take 
up arms and levy war against our said sovereign 
kinji: Cie«>rge. 

The Indictment further sets forth, That the 
aaid Christopher Layer, together with other 
false traitors to the jury unknown, to complete 
and bring to eflect his traitorous purposes, on 
the kaid '25lh day of Auguit, at LBiyton-Stone 
aforesaid, with force and arms, did falsely, ma- 
liciously, and traitorously meet, consult, con- 
spire and agree, to exsilt to the ciovvo and royal 
dijgnity of this realm the person in the life of 
the late king James 2nd, pretended lo be prince 
of Wales, by means of an armed force and 
troops of soldiers, fur that purpose to he raised 
atui levied^ 

The Indictment further sets forth, That the 
said Christoplier Layer, to perfect his said irea* 
son, on the said ^6th day of August, at Lay too- 
Stone aforesaid, maliciously and triilorously 
did raise, levy and retain several men, to the 
jury unknown, to lake up arms and levy war 
within this kingdoiu, against our said sovereiga 
lord the king* 

That the said Chriatopher Layer, to perfect 
Ut treaaotiaUie purpowa, od iIm aaid 36th day 



Trial of Ckrittopher La^CTf 



[440 



of August at Lsyton-StoDC aforesaid, together 
vi'ifli divers other false traitors, to the jury ua- 
known, did falsely, maliciously and traitgrouajy 
meet, conspire and agree, to take, seize, impri- 
son and detain in custody the sacred person of 
our said sovereign lord the king, against the 
duty of his allegiance, against the p^ce of the 
king, his crown and dignity, and against Iha 
forra of the statute in that case made and pro- 
videiK To thi» indictment the prisoner bath 
pleaded, Mot Guilty. 

Serj, PengtUif.^ May it please your lo 
ship, and you ^ntlemen of tlie jury*; tbepd 
soner at the bsr, Mr. Layer, comes now lo * 
tried before you, for a wicked and de 
conspiracy a^^inst the person of his inajaftj_ 
and u gainst hts gov eminent ; and this in favour 
of an uttamtcd ond abjured Pretender j a Pre- 
tender M'hom the prisoner Itimself has abjured 
in words, and ought to have renounced iq hta 
heart. 

The indictment contains a charge of hic^b 
treason against the prisoner at the bar, for 
compasNing and intending the deposing iha 
kin^, and also his denth and destruction. 

The particiibr facts laid to prove this tral* 
torous imagination and intent, and which 
prisoner put in execuiiun, in order to bring I 
effect his trt^asouahle purposes, are tive, 

Tiie tirsl is ; thitt the prisoner, with olh 
traitors, did consult, conspire and agree to i 
a general insurrection and rebellion in this na* 
tion against his majesty. 

The next ; that he did publish a seditio 
and tressonabte declaration, containhig inc' 
ments, and promises of reward, whereby to a 
cite and stir up his majesty^s subjects to la 
up arms, and to levy war against his maje 
within this realm. 

And f-irther; that he, with other traitor 
conspired, cousiutted and agreed by an armed 
force, lo ei£ah, and bring the Pretender to hia 
majtiiiy's crown, to the throne of these king- 
doms, and put him into the possession ^f !&• 
government thereof. 

That he hath provided, levied, and retained 
severul pensons to take up arms, and \m levy 
war against his mnjesty within this kiiigdocB| 
for the executing these traitorous purpoaea. 

The last overt act alleged, and to finish ihii 
conspiracy, is, that he, with the other traitors, 
consuUed, conspired and agreed to seize upou, 
and to imprison the sacrea person of hhi ma' 
jesty. 

Gentlemen, it ts unne^^euary, when thete 
facts are opened to you, to acquaint yoo, thai 
an attempt of this nature, if it had auoceede«|, 
would have been the subversion of the preseot 
happy establish men t, aud the Protestant suc^ 
cession, so otleu cotitirmed by the consent of 
Ihe whole nation, and the only security of your 
religious and civil rights anil liberties ; they 
would all have been exposed to the arbitrary 

^ 8aiif to b« Datura) loa to A, CromwaU. 
See Nobl«. 



p«««r of « P6p!sb f«eiion» uoder llm tyraknn j 
ofii»«FreA0iitl«r. 

Gmilttiicn, hariiii^ said this to sUew the nn* 
Iveif tite odfcDce; we (who m^ counsel tar 
liifl^eftlT) fball priK^eeil to lay lielore youlbe 
■irlkttUr tiuknoe itgtiiust llie |>rii$oQer allhe 
lar: f»i4tlemrij, we have l»een bo fortunate at 
tidjiwier, snti shnll |irodiice beture you, the 
f«f} plifi ilself upon ubich these conspiratort 
" dt »nd Hhicb was to be put in execu* 



A. D. 17«. 



[14f 





t ib»ll pr4)()uce the plan under tl)e pri- 
I band-writtnf^, and $Ucw hiti acting 
ret to that plan, and in the €xecii- 
ihis plan i* a complete srhcrnt* of 
it« ftisiurrectiou, ifUiat may be called 
! wbicli tends to utter destruction ; lor 
rarf»r«] parts therein contained tiad been 
it would bare been a total oveiium- 
[ government and consiiiuiioo. 
\ yc4i may obserre a regularity going 
/t tlt« w bole acheroe. 
Tic pUce f>r action^ and the scene whera 
Hncttuspincy was first to be put in executiou, 
Via n tilt; city of Loudon, anil though in the 
fligi imclf I he d»y is not mentioned, yet we 
iImU ahew to yun^ by the prisoner^H own 
initrmtwa *ad disicovery, the time when it 
m !• be executtnl ; it was at the breaking 
«p ut the camp of his majesty '« fbrcei iti Hyde 

GtfVtl^nieti, the plan contains a disposilloti nl 
mcfsl oliifer«, who were appointed to their 
fMrtirolar itations, and »ere to be suppheil 
Vttii itofii drained to be procured for the cjte 
i«f tfiispUn; and, as the conspirators 
[ tu ilebiiiich tuirt of the army, these i»ffi> 
to be diHposetl at several places, to 
vrlbe private men, who, to the number of 
at 1K>0 (towards the evening of the day 
ii|«oii for execution^ were to go singly 
ta «if tlie Cttmp, wilhf»nt their arms, that they 
■melit Ri4»fe eauily p»i»$ witltout ohservaiiou, 
Md we«« to be cofkcttd together at a place of 
Madcjifocta appointed tbem. 

Grsdemrn, \i\^\\\ the management of the 
rantpifry, and the method ibey had taken to 
KfryitiitttAti*' the bope« they had entertained, 
4i QtQspMlora concluded, they should have 
te nWMIsr nf SOO men ready in one body, to 
liciinioasdetl by pro|»Fr officers^ to make the 
Im attefnpt, and the hrst stand* 

IiiIms place of rendezvdut tltey were to be 
imCetl witb tDuaketi ready loaded, and to re* 
iaiitl»eir arms, which were to be distributed 
tolifai It tittle before the hour of nine; at 
ailkii b^ar exactly* they were to m&rcb di- 
iMlj to lite Tower of l^todon, (as the plan 
papoaea* and as the prisoner agreed and de- 
f^K^) w bere tbey might ex|ie<:t to be admittei], 
ki die help and aasistancc of their friend, the 
tfcctf ttfofi the guard ; and as aoon a.^ they 
bii CBit«rrd, tbey were to shut op the Tower- 
fttaa, and seize the arms, 

Hitir ^oeral waa to make bts statid in par- 
^m at the Itoyal Exchange ; at tbe snoe time, 
Ilia^avclBd by the plan, aod was consiHted 



upon, and agreed by the prisoner himself, tbey 
were to attempt to arreat the persona of several 
great men ; and although the plan doth nni 
name the pen»oDS, yet the prisoner hatb ex- 
plaioed it fully, and from bia ovvn mouth w« 
shall prove, who the particular persons are^ 
thus intended to be seized, 

A declaration was to be dispersed to exeito 
people to come in to the rebels ; the gates of 
the city of London were to be shut up, and 
cannon brought down against them : they were 
then lo set a guard over the Bank \ but in the 
ftn»t place, they were to take out money »u<H- 
eient to pay their men, such as they hoped 
would appear in their intt reist : their several 
other parties were to secure the artillery in the 
camp, the guns in the Privy Garden, the can- 
non and ommunition near the Horse Guards ip 
St. James's Fark. 

These were the first operations ; hut to fi- 
nish this villftinims aod execrable design, at 
the time the Tower was sdzcd, and the city in 
arms, they were to send a detachment to seiza 
the person of his majesty ; and this ibey ex- 
pressed in their plan to l>e, for the securing hit 
person from the mob> But our king was to bt 
delivered to iheir general at the Tower, and to 
be put under his custody. 71ius the life of bia 
majesty was to be in their power* 

After this, there are several other disposition 
of officers, and other persons, in order to excite 
and carry on the rebel Uun : some were to ap- 
pear in Tothill fields, some in Southwark, who 
w«?re to give arms lo the Minters ; some at 
Greenwich to engage the watermen, and seize 
the magd2tne and powder there, and others at 
other pfaci^s. 

Gentlemen, you will find in this plan a pre- 
paration to make an entiri:' coni^uest of the ci- 
ties of London and Wcstminsler ; upon which 
the conspirators hoped the rest of tht kingdom 
H ouM declare lor the Pretender : au^ there it 
one particular provision in the plan, ihatastliey 
proceeded here, and found success, the general 
should immediately dispatch messengers into 
the several counties of England, to gire intelli- 
gence of their progress, and to persuade those, 
who they looked upon to be in tUeir interest, to 
declare lor the Pretender, and to rise in their 
resjieciive counties with their adherents. 

This is the plan upon which tlie conspiracy 
is carried on ; and as we shall produce this 
plan, which the prisoner hath supplied himself 
with, and written with his own hand, we b^ 
leave to insist upon that, as strong evidenos 
against the prisoner, upon the overt acta al* 
leged in the indictment, of his consulting and 
conspiring to raise a rebellion aod insurrection 
in the nation^ and to seize the kiug^H person* 

Gentlemen, upon this plan, which the prise* 
uer at the bar bad thus furnished himself witb| 
you will iind, on the examination of our wit- 
nesses, I hat he constantly acted ; he declared 
for, and promoted the execution of the princi- 
pal parts of it. 

Sentleuien, the witnesses we shall call who 
were engaged with the prisauec «.i Kb^W, Vt^ 



n 



^ 



14S] GEORGE L 

till (lesi^, are Stf pben Lynch and Blattliew 
lunkett ; (which tast had been a serjeant id 
lie army) with wrbom the prisoner consulted, 
Dd whom he en^n^fed in this desperate at- 
tempt ; and we shall call some other witnesses 
to eon firm several circumstances iu their evi- 
dence* 

Mp, Lynch is a person the prisoner might 
have reasonable hopes of engaging in this ser- 
Tice: he hfid been ionnerly acqiiniiiled wiiU 

F i»ne Dr, Murphey, who (1 am instructed) was 
" I the rebellion that broke ont in the bepuning 
Df his majesty *s reign : Mr. Lynch bavintj 
been ahread, and absent for some time* relumed 
into Euirland in April last: upon bis return, 

I^Dr Murpheyi bis old aoquainlancef meets with 
liim, bids him welcome to England^ and teHs 
bim that an afl'air was going* on by which be 

f mig^bt make his fortune, and advises bim not 
' » gi> out of Cni^land : that there was an inten< 
on to rise iu favour of the Pretender, whoq^ 
: called his king', and he would Uke care to 
commend Mr. Lynch to a person w bo bad a 
great part in tliat afFair, 

Mr Lynch having suffered before, and run 
A great hazard, was un^ illing imtuedtately to 
enter into any engagement, but proposed, that 
if be could have sufficient encouragement, and 
what he expecte<l as a reward, he should be 
rilling to stay. Some time after Dr. Murphey 
btroduces Lynch to the prisoner at the bar: 

^^he first time they met, I think it was the be- 
ginning of June last, they went tu the prisoner's 
lodgiug^s, which were (hen at the upper eud of 
ChaQcery>lane* and he being about to remove 
his g^oods, desired them to go to a tavero, hard 
by, the Griffin tavern in Molborn. To this 
place the prisoner at tbe bar came, where Dr. 
Murphey presented Lynch to 51 r. Layer, as the 
gentleman Dr. Murphey had before recom- 
mended to him ; Mr. Lqyer received Mr. Lynch 
at that time with great civility, and tells him, 
that the recommendation he bad received of 
Lynch from Dr. Murphey, made him not to 
doubt of his integrity and ability, Tiien they 
entered upon a consullalion as to tbe carrying 
on of this design ; Mr. Ijayer intruduced it with 
representing^ un uneasiness iu the nation in ge- 
neral, and how fair an opporiuuiiy there was to 
bring atiout a revolution : But Mr. Layer telU 
bim, that ou« of the first and principal steps 
was to seize upon a general, or other great 
nan (which you will obierve is one part of Ibe 
scheme) and upon Dr. Murphey'srccommea- 
datioii of htm as a fit man tor that service, Layer 
proposes to Lynch to undertake it. At this 
time Lynch acquainted Layer with tbe difti- 
cultitfs be bad been in, and that an affair of this 
nature would take up some time before it could 
hi put in execution, and he could not well eu- 

»|[a^ in it without some further encouragement, 

*Bna a reward in money* in (uiJer that be might 
live easy and well while he Riaid tufre. Upon 
that, the prisoner at ttie bar nromiscd bim sup* 
plies of money fur his kubsii-itenoe ukI ei- 
penoes, what should be ne«e:£sary, besiitts fu- 
tttrartwardsf and in parsuaaoe Qf that pro* 



Trial of Chriito^her La^er, 




[144 






mise, Layer hnlb aeveral times ^ 
Lynch with money. In engage bim iv; 
fectually in this di-sign, and to snpjwni 
it. , By these assurances Lynch was \*\ 
upon, and then agreed to enter into tl 
spiraey, and to take upon bim tbe pait l 
that should lie siguitied If) liim. 

Gentlemen, the prisoner did not theo 
a full discovery of the person that was U^ be 
seizeii ; but they were to meet aguin, ms tiiet 
did, about the latter end of June, at thr 
tavern : There the prisoner discloseil 
witness the particular person who was*le ^ . i 
til be first sseizetl. He acquaints the m ui ;, 
that the person be (the prisoner) tn'^.'-" ' .:: 
their fur me r meeting, and whom 1 
the wimess should seize, is the get 
army, tbe i!arl Cadogan ; and I 
fintl out such other persons as hv 
U|x»o, for the assisting in, and elfecUng tlwl 
terprize; wbereunto Lynch agreed. Lai 
then acquainted bim what steps wert5 al 
made in the conspiracy, and that ihcy were* 
be beaded and commanded by a general, 
had wit, and courage aud resolution, and who 
were supported by a great many friends, wb» 
had lull power aud authority from the l*re> 
tender (whom he called king) to act, and who 
was inti ufited with a commission as his general^ 
and whose orders Lynch was to obey. 

The prisoner and Lynch bad several other 
meetings, some at the Griffin tavern, and ''< '>'^^- 
at the prisoner's own house in Old Soatha 
buildings, where the prisoner ulwny 
couraged Lynch to persist in tbe undertaking^ 
by assuring bim that al) things went on well, 
and that the design was so well laid, 
could not probaldy miscarry : That ihey - 
be assisted by a great many officers, as soi^n m 
any motion was made, and ihat the commoii 
soidiers would declare upon ihc first opportu- 
nity : and being asked by Lynch, whether 
they had no foreign assistance lo depend on ? 
The prisoner answered, when we h^m tbe 
business, we shall not want relief, if requisite. 
At one of these meeiiiigs the prisoner reveaM 
to tbe witness, that, upon llie rising, the Tower 
would be delivered up lo them, by means of aa 
of beer who ivas to he upon the guard tht*i'e no 
the day of execution ; and thai the peojde to 
the Mint in 8outliwark would come in to ibem i 
who, and all others that shoulil repair to ibeir 
party, should have arms delivered to them; 
And that the whole design should be put in exe« 
ciiiion at the breaking up of the camp, which 
wouFd be the most proper time for the ^peak* 
tug wiiu the soldiers in ihe army. 

J Jut at a meeting they had, some time in 
Augm«t, attlie Queen's head tavern in Great 
Uueen-street, near Lincoln's in n-fields, Lynch^ 
complaining of tbe delay in putting theiV de- 
sign in execution, and repreBeuling tbe danger 
ot'it, and withal presiiing to kn^iw his intf^naed 
general and cotmnander, the t^risoner gave him 
great encouragement, from the good prospect 
of their afFsirs, and tbe vigilance of tbe noble* 
man at the belm, who would loae no oppor* 






m eonrenietit time should offer ; 

fTMoml i1 ' ti h« BhoulU lie 

' lo i! I in due time, 

Lvtii^.j su«unu if-ueive his orders, 

iofi ibr execution bii part, and 

tffto^ ti|»oti hilt enterprise, 

And mcenfiimg^y , ijjmiu the Silh itay of 

;»!« Mr. Lnyrf ioTites L)'tH;h to vide out 

¥1 nil turn tUe next diiy to take tlie air» 

fMiL^f^rii compiled wiUi ; and un the 2Mh ! 

ml in the oiuruiiiKi Lynch iveot lo the I 

'» iHHise, who o|i{toijiieii Lyuih to go 

and in Kjjv Wiihi*ut AJdifate. 

lliAt 11111 e ihr I lisiioer Ubked the vriluesF, 

Ue mounted Willi furniture or (listols ; 

errd that he did not, but that i)e had 

Imirel IbvvUng^ piert, which the pri- 

iLOt might carry ; the prisoner di- 

biiii to ijt-t \m piece ready luadeu, he- 

ttatbe (I^iyer) shoiitd carry somethiu^ with 

li^ ubicli be would not lose i'oi all tlie world. 

tpKbMnl ibe pnsoDcr met without Atdgateat 

II Mn tuomtf and the pris^otier's servaot car- 

mi tbe t^HOt aod they rode loj^tber towards 

^tt**^ ^> Essex y which waa the place they 

^ R gof ti9 to. 

l^|Nm tbe wty tts they firoceeded, Mr. Layer 
M ibe witftess, Ibut they were ^oio^ to \he 
laaiL of th** lord Noilh aod Grey, where lie 
' II to iiiH tonlship as a par* 
^ (tiie prisoner's.) W hpn 
II*' V tu-mt lo ihe oieeo-Q^oo at Layion-aione, 
it tbe entrance upon E]i|niig-ruresi, the pri- 
liKrBttltit ftitgfht he bciit to eat something 
i|v»« bec^niiie they shouhl he too late for the 
bnl North aod Uiex'^a dinner ; and accord' 
bf ly Ihey siopt at tUis house to dioe. 

GrIiif^m*'ll. yoii will hear from ihe witness 
t^l Me, the prisoner and Lynch had 

aaatii ! ' atioo, whereio there was a repc- 

■od oouiiriiiatiiooof the whole de^tign and 
guracT. At this Green man, in yourcoim- 
ty, Geotremeo, you will find every principal 
^rt iff tlie conspiracy, which \>as to \m e.\e- 
raltd, copaiitted upooi and agreed unto by 
L tbem liDtii : The iitoe and manner of the in- 
kMBKOliiiO, the prepuralioos inakii>^ for it, the 
^HaiiMiee lo be provided and expected from 
^^^bariuy, from oiaoy in the city of London, 
' tii from the generahty of the nation, as was 
%ta ma^f^ted ; the sei^fiog the earl of CJado- 
pB aa tlie first step, and the surprising the 
jw mvr m «hfi mnnn«.r mentioned in the plan, 
W^ b« ' 'fioer upon the guard; aud 

M tbry ^ <t to coosidpr and approve 

llf matt dartn^ aod execrable part f>f the plan^ 
l« ibeD exprestsly repeated by the pri- 
, cte makiog a itroiig detachment to seize 
m bis Diajesty'a (lefson. 

TIae ^rtftoiier then declared his great Fatis- 
fctiboo, in havtngf engafred a per»oii of sucli 
WMif««> ' ^ t AH Mr. Ly nebcin the at- 
lBB|it'0f earl Cudognn «y aod like* 

•iiKB«lt>ra iij' ' ther greMinar), hinted 

•I b fb# icb» ; persons were to he 

^^ nanl, ttiiil of viMi>..t ma^ imd made up hi^col- 
^B iBdiw tt ftmuatkce of ibe olaii » ami then ex« 



preafied his wtsliea lO to brtog matters to bear» 
that dir. Lynch miifht likewise have the sole 
direction in apprehending the per^onti of some 
of bis majesty's ministers, the lords Townsheod 
and Carteret, his majesty ^sprincifialaecrel a ries 
of state, and Mr. VVaJpoIe, first lord commis- 
sioner of the treasury. 

These iiemons, moat imme<hatel\ intrusted iti 
bis majesty's sei-vice, were in the first place 
to be seized, in order to facilitate theik^ign^ und 
to make it successful , By this mamna ttie con- 
spirators were to weakeu his maje$»t\ 'a power 
of defending bimiselff when they bad depri veil 
him of his general, who was to commaml and 
conduct his army ; of his two secretaiiea, who 
were to maintain and carry ou Ins iotelligence ; 
and of the lirst cotniiMtu<ioner of hiH trcasuryi 
who was to lake care lor his supply. 

At thi* [dace these things were debated and 
coti^ttleral tietwcen them: Mr. Lynch then 
ai^'aio couiphiined of (he long delay, and wished 
thai the affair might lie eurried on with tnore ex- 
pedition : the orisoner thought no time so pro- 
per ai( the breaKing npof the camp, when they 
mijL;ht he sopplird with soldiers i y^t^ lie ^^ as 
willing to hear any proposal Irom Sir. Lyucb, 
aud desired Mr. tAnchf ihai if he could thiuk 
of any speedier met hod, t»r better scheuie, to let 
bim know it : bnt the witness was not capable 
to propose any way toorn |»roper« than wbal 
bad been agreed upon the loot of the plan, us it 
bad been cxplaioed hy the prisoner himself, 
arid therefore Mr. Lynch acquiesced therein. 

Gentlemen, at that time, ami at the tame 
place, the overt aet laid tn the indictment, of 
puhlii^hinii^ the ttpnsouable writing, was com« 
milted ; which was a declaratiun framed in the 
hatid-vM'iting of the prisoner, to he published 
iuimediately oo the tirst hreakiug out of I he 
conspiracy, to excite Ihe king's subjects to take 
up arms, and to enter' tiita a rcbelhon against 
him ; and that it might have an inHuence on 
the array, where their hopes were (daced, it 
took notice, that the king's general was seized, 
atid in their custody. 

Id this decUratiuD particular rewards are 
promised lo the horse and foot in the army ; 
different allowances are made ; to every horse- 
man aod Serjeant three guineas ; two guineaa 
to c\eTy cr>rporal, and one guinea lo every 
common soldier : all had promises of encou^ 
ragement, favour, awl future reward. 

Gcmleracn, nfter this was read, the prisoner 
pot this declaration up mio his pocket again ; 
and afterwards (as he acquainted the witness) 
be himself made an alteration therein ; it con- 
taining at first a general mtitation to a revolt, 
but was not directed in tlie name of any parti- 
cular person, therefore the prisoner thongiit fit 
afterwards to alt^ tt, (as he infonned Lynch) 
and to make it in the name of the Pretender, 
as king. 

Gentlemen, though their hopes and expecta- 
liooif were founded on corrupting and debiiuch- 
ing the army ; I mention i^ only, as it was their 
cxpcrtatioo and design, without any im^)uta- 
tion oti tbt houont at MtViV| ol ^ ^<t\iA<a!WtXfc. 



i 



i 



4 




i 



147] 9 GEORGE L 

of lliearmy : \mi p«rtons who undertake ati tf- 
fiiir iit'ttiiH naturei are alvvaya forward to ex- 
pect their desrg^os will he successful. 

TliiM, ^tnllemeti, which I have metilioned to 
you, H'liicb ^ill be more fully M\ti |iiirli€ularly 
ffiven iu evidence to you, afjainsl I he prisoner 
at the htir, was transacted and committed in 
the county of Eseex*. 

My lorif J this will lie evidence of most of the 
OTerl acts nllpged Jo the inihctfiieot iu the 
county of Essex ; hul we shalt confirtn this 
evidence by the confession of the priioner, 
proved by two witut«4ses, in whose presence he 
acknowled^'ed the sereraf facts which will be 
char^eil nj»on him in iht^ county of Essex, by 
Mie tffitimoriy of Mr. Lynch; nnd shall make 
proof of tu her overt acts in the county of Mid- 
dlesex : for It was impossible a desijiu «o ex- 
tensive Bhauitl he contined to one or two parti- 
cular place* within the same county: their 
cousuhations must be transferred from place to 
pbce» as opporttmitv offered, and as tbey 
thought most conducive to the purpose they 
were eng^aged in. 

But the facts I have mentioned were tran- 
sacted, gentlemen^ in your couniy. After the 
prisoner anil Mr. Lynch had settled these af- 
fairs at the Grf'en-I^lan, they went to the house 
of my lord Not I h and liip'y at Epping : they 
•laid there all night, and dined there the ne\t 
day ; ihe witneas was introduced and presented 
10 his lordship by Layer, and was civilly re- 
ceived and entertained ; and Ihe prisoner at 
the bar, as he and Lynch returueii lion^e^ ask- 
ed the witness how he liked his hndsliip, and 
assured Mr. Lynch for his encourn^cment, 
that be had g-reatly recommended him (Llie 
witness) to his lordship. 

Tlie prisoner anrt livnch met a second time 
at the Lord North and Grey's luiust*, whcvc 
Lynch declared he would withdraw himstif^ 
if things were not put in execution ; to whirli 
Layer replied, they would be sooner put in 
execution than Lynch imag^ined. 

Gentlemen, you may perceive, by this evi 
deuce, the prisoner** explanation ot* ihe whole 
•cheme^ and his execntitm of it. so far as was 
in Ids power ; though, blessed be God, these, 
ur any larlher atletnpls of this kind, have not 
bitherti) prevuded, 

The prisoner proceeds farther ; and the next 
wiiiit-ss who will be producwl a^jramst him, is 
c»nc who had bei*u it serjeant in the army, 
Matthew PInnkett. Plunkett had b«tn for- 
merly acquainled with the prisoner, and done 
hmi a piece of service ; he was made use of tci 
rescue scune goods, when tbey were taken in 
execution at the house where Layer lodged, 
which was the bqpnning-of their acquaintance: 
this, with some othtr recommendations from 
persons engaged in thin design, induced the 
prisoner at Ihe har to make offers to him, as 
yon will hear from the witness. 

In June 1722, another person of die same 
name, one James Plunkett, was directed by 
Mr. Layer to go to this Serjeant Plunkett, and 
desire buu to meet Layer at the Italiaii coffee- 




Tt ial of Ch ristopher Lawyer ^ f 118 

house in Iltissel-court. The witness could net 
at that time, at least did not think it proper to 
go to the place npjvDinted ; but a day or two 
after, Mr. l^yer meets him in Lincoln's- iiiii* 
ftdds, and takes him asjde under » g:ite-way 
near Turn-stile : L^ayer then told Plunkett, T 
would inform him ot a matter that would be i 
great advantage and beuebt to him ; 
Ifsyer let him into this consptraeVi afl 
gaged the witness in it, not only by aisi 
and promise of reward, but by actual rewa 
and money given hini ; and to induce ami < 
encourage I'lunkell the nvore, Layer i 
ed him, that there were several 
tn'eat estates^ who were resolved to 
tliemseKes and the nation from iheca 
and slavery that they ibeo eudured ; aind that 
they intended to britig about a revolution^ sud 
restore tlitir king Ihe Pretender ; Pluokirtt f^ 
jected, tiiat the Freten<ler was a Papist ; 
the prisoner replied, there was no iiffen 
between a Papist and a Lutheran kingv i 
therefore, that ought to make no im^n 
upou Plunkett, to hinder him in joining t 
bring in a Papist. 

The jtrisoner enquti-ed of Plunkett, wbeth 
he had not an acquaintance in the army witl 
some ofBcers, and the common soldiers ; aa 
then engaged Plunkett to levy what persons I 
could into their tiervict.^ ; and when the witnoss 
told Lay er he knew twenty or thirty serjeanla 
hi the ajniy, pittper persons to be nppli^ i< 
the prisoner gave Plunkett directiouK to mak 
apphcatinn to them, and to have I hem eort" 
ed ; and at tliat meeting the prisoner gave 1 
wiluess money for lii^ encouragement ; and 1 
they hud several other meelioifs after ibis, i 
provide and levy men, the direction and 
ploymeni given by l^yer to tlie witness, 
to take care to tind out their lodgings, and io 
make lists of the mrn, o1' tlietr names, and 
plaecH of abode, that tbey might be really upon 
notice. 

The prisoner not only employed Plunkett to 
pro-cure and enrol ah many as he could g«l, 
out gave him money for one particular person, 
one CbikI, who had"^ served in the army, and 
who was recommeaded tu Layer by Plunkett, 
as a person that hud been disobliged by bavins^ 
been turned out of the service ; Layer himself 
gave Plunkett half a guinea, for to give to this 
person, to engage him iit this conspiracy, 
which Plunkett accordingly paid Child: Layer 
Ukewise order^^l money at other times ta be 
given to Plunkett, and at one time particularly 
acquainteii him^ that the prisoner had letil m 
guinea with one Jefferies a non-juring parson, 
to fjtive to him, who bod given Plunkett but 
half Q guinea. 

The prisoner at the bar, to encourage Pf un^ 
kett, acquainted htm witli the persons whom 
Layer ex|>ected to join in this conspiracy ; and 
asked the witness his opinion of several; the 
witness will tetl you the names of the persons^ 
and what answers be gave ; |>articularly that 
Layer asked htm what he thought of the lord 
North and Crey far an oiEcer to be at their 



149J Jbr High Treason. 

hm^l TtmrnUmtm mntwered, i bough he bad 
Mi«r Mrred under hini, he looked upon bis 
!«»» grcAt man. 



Iavct tnfovMil bitn* 

nil' 







at »evfral tinieSt ^vhen 
Uiat things were in a 
Migh it wan not yet a 
I k in execution : but it 
( could uot miscarry ; 
111 wastocuDie with a 
'tticers ; and that the 
been di»oovered to the French am- 
fvlio htui given inleUigeuc« (hereof 
fcliiBP/eut^, ar «l«e the affair bad btren do no 
lilbttkal lime. 

lb PlUftkeit was en) ployed, from time to 
iai»li» prepare lisu ot\ anil to collect and en- 
tiil Al fiersona to g-o on with this desjigo ; and 
* rly a niimbtrr of Serjeants, about 25, 
from the army, the priiioner 
Plunkett to go immediately to those 
I umI take care to 6ecnre ttiem. 

these traiiorous con^utts and 
were in July and August: and 
I wilt acquaint you more fully with 
di ietamt particulars. 7'here was one encou- 
tt^tmatt which the prisoner ga?e to ibis wit- 
a«i^ wlilcii he did uot ineotloD ta the other: 
lelokll^unkett thera would be an army of 
Btlcb to oofDe orer in aid of bis majesty ; hut 
lktwibi«aa«hoi]ld see a number of half-pay 
afionSt especially those of the name of Filz- 
ieiild« •!! Ihe !»idc of bh king (the Preteuder,) 
tfcil (bey could uol doubt of success* 
Qtnikflieii, under the«e encouragcnaeBtsand 
, and with these rewards^ huth these 
^ the two witnesses, were engaged hy 
' to enter into, and go on with, this 
cy : the prisoner met them apart from 
tee ta time; tbey concerted and curried on 
mek meaaurcs as tbey thought proper to exe* 
0«li Uus deaign^ upon the foot of the pkn, 
vlycb iMitU been mentioned, and will be pro- 
dMBe< to you. 

After WIS have produced the scheme, aud 
t i e wigo examined these two witnesses, wlio 
Hill gif e you aa account of the progrrss which 
Ike priaoner made in this treason ; we shall 
fire ^iiu otlier plain and evident uroof^ which 
^jii «lcaaODaliiite the (reasonable mtent of the 
prinftVftithe bar, aud his bof»cs of succc^is. 

We oliall prtwa that the jirisoupr ha J been 
M RocDe, and by bis own cunle^ior^ tliat he 
hi aeeii the Pretender^ and bad conferences 

W« aholt prove that the prisoner had blank 
ywaaiaaory notes, or receipts for money, signed 
mih Ibe Freieoder's own hand, by the assumed 
to of James Rex, found amougsi Layer^a 
laperB, which were remitted to him from 
tknief Olid which he has acknowledged were 
IMI lifer to htm^ for raising of money to carry 
fiftltie caiMie of the Pretend. This is a siroog 
i of the trust and credit reposed in him 
this conspiracy ; that tbe priaoner 
i folly ODtrusted*; the receipts are in 
the prisoner bad power to raise 
«• thttuiy and to ^l them up witii 




A. D. 1725. [130 

suth sums, aa he thought proper and necei- 
sary. 

Centlemen, ou the examination of onr wit» 
nesst^ it %vdl appear that Mr. Layer declared 
he had e.i£ptrnded great sums ^f money in this 
alfuLr^ unA ihal be has made it an excuse, why 
he bud not money to supply some demands, 
Itecause be bad dijihursed no much. 

This iberefore was to be his full power to 
ratfe n»oncy towards bringing tbe Pretender to 
the throne. 

Besides these receipts, he had furnished him- 
self with lists of the othcers of the army, m 
order Ij know the situation and condition uf the 
army, and to cotisider wbat advantage he could 
make l>y any of those in the lists : he bad pro- 
vided himself with lists of tbe otficers of ilie 
Tower, which we apprehend was to render the 
design of seizing the Tower, when their friend 
the officer was on the guard, more probable aud 
bopefiiL 

Beijidea this, we have letters which %vi]l be 
produced, that passed between sir William 
Ellis, an adherent of the Pretend er'ii at Rouie« 
aud Mr, Layer, hy the name of Fountaiue, (a 
name he went by) encouraging him to go on. 
with this design : we have the cypher, and the 
explanation of tbe cant words useil iu those 
letters. In one letter Ellis says, the best me- 
thod of carrying ou the manufactory (which is 
the insurrection) is to get good wofknieo, (by 
which is meant sohhers) and particularly to 
gain some of the ablest of Mrs. Barbara Hmiih^Sy 
(hy Mra» Barbara Hmilh is signified tlie army) 
and this would be very agreeable to all eon* 
cer lied, particularly to Mr. Atkins (which by 
their cypher or key is a name for the Pre* 
tender.) 

And in another letter there is particular men- 
tion of Mr.Layer's intended general; y nn will find 
In the letter an explanation of him, thus ; thai 
be, who the prisoner in his letter called 8irnouSy 
and described as a tenant, though his name was 
not then found in tbe rental, this writer be- 
lieved he should be called 8immes,and says he 
is of the Noril*, a grey- haired ancient man, for 
whom bis friend has a particular esteem and 
value, as a very good tenant. This is tbe de- 
scription, and this is the caut that passed be- 
txveenlhem; the explanation you will appre<« 
licmi, by the cyphers that were found amongst 
the priboner^s papers. 

Mr. I^yer was not wanting in other prepa- 
ratious for thii attempt; for be had provided 
arms iu bis own house, mure than be could 
have occasion for, as a private subject; he bad 
several muskets and other lire-arms; bo hud 
forty or fiffy cartridges, loadetl with bullets^ 
ready iiude up for so many discharges, which 
might he delivered out ta the people v%hu should 
come in to them : if be bad any use for such a 
quantity be will shew upou what occaKton. 

The disc4}very of the iacis made hy the wit- 
nesses occasioned the apprehending Mr. Layer, 
iu whose bouse these arms were tikewifio 
seized, 

Mx* Layer waa »o cooscious of his owa gtidt# 



^ 



9 GEOnOE L 

tbtt sAer lie wta ftppreh^ttdecK he made bis 

escape out ortbe cukUhIv of tht ^i' in 

wliOfie bouse be ktm pbced ; hr retit 

reiruti to wAieraieo tc^ can'y hiiu mj im^^ i^ a 
detnonstration of bii guilty iroui tbe coariction 
4>f his own cronteience. 

GeDlIemen, ibere are some other tnatters 
and papers which it will be proiier to offer to 
your eonsiderstioD ; and most o( these purti - 
culat' factSf which I have nietiiiooed, or the 
tno^t material of them, have l»eeu confirmetl by 
BIr, Lajer^s own cotifessiai) wbicb he maile 
iipoti hts exaniination beforci the lords of the 
priry coatieil. And when we Itave laiil before 
ymi this e? ident^e, as accordint* in my instnic- 
tion« we shall very fully^ I do not doui)t but 
Iboiyou will do your duty as hmiest men. 

We do not apply to your zeal, as yoo are 
Pratestaots and EnL'IbAnDen -, but iipnti tbe 
wei|fht of the evidtii^e, we Uiall appeal to your 
jitatiee, to ytiur oatlts> and to your conM:ienced, 
frbethtr upon the whole prmiftu lie hiid before 
yoti| you will Dcii remain Inlly s.ttiisbed, that 
the prisoner at the bar is Oiidt;^ of the bii(h- 
treaaon whereof be staods iodicted, and ibeu 
that you do Eud him so, 

Alt. Gen. May it please yowr lordship, and 
you gentlemen of the jury , I am counsel on tbe 
same side for bis maj^ uier 

mt die bar, who itaod« i - -tun, 

ill <s(»mpaaKiog; and ima^tiun:^ mi <u aiu m tbe 
^og* The preservation of tlie life of tbe kiu^ 
ti m that great importanct to the »atety and 
prosperity of bis subjects, that even imag^ioa- 
tioiia and in ten lions (which are but acts of the 
lieart) to take it away, manifested by overt-acts, 
are an offence of ihe highest nature which the 
law takes notice of; but as tmagmatious and 
intentioDSof men are secreti and caoooi be di**- 
oofered but by their actions, there must be 
J*roof of some fact done in order to carry such 
intentions into execution, to make the ottc^nderi 
enilty of treason : therefore in this indictment 
Sve several overt-acts are laid ; the first is^ that 
tbe prison cT at tlie bar propose<l, consulted and 
agreed with divers p«r8ooB unknown to the 
ffrandiory, to raise ail insurrection and rebel- 
lion within this kingdom ngaiast bis majesty ; 
the second, that be pubJitiiiL'd a traitorooa wnt« 
ing, purporting an exhortation, encoura<|ement 
and promise ot rewards, to persuade his majes^ 
tjr's raitlifnl sitbjects to take up arras agaui^t 
liim ; the third, that be proiiosctl, roosulied and 
agreed lo set the Prelenner on the ib rune by 
ormed force ; tbe fourth, that he listed men t% 
itiwy war against the king ; and tbe fifth, ihnt 
he projiosed, corr nllt^il and agreed u> aeiae and 
imprisou hiii tDujr^ii^ •« *(nfTe4i )H"r»on« 

Gentlemen of the inry, y*»u will readily 
agree with me tbnt noihiug can be more di*ca«l* 
fill to a true BrilOn who hath any regard to 
liim^'H'or liT« posieriiy, or love to his country, 
than the ftitaj con^et^aenccs that inast have 
inevitably attendetl such wicke<l designs, h.id 
they been carried into execution witit succesrs : 
aiippQSd a rebellion had been only raised^ what 



Ttial of ChriHopker Lai^^r, 



[158 



ooald any man bare expeded from a rebellinA 
in tbe heart of tbe kingdom, but plooder ani 
rapine and murder, a total aosponaion of all cit) 
ngIA, and as long as the storm bad oootiiia 
a just but terrible apprehensions of aonie ' 
yet ifitofite to come : This would certaitdy lia 
bi'iiR tlie case, though the attempt bhoubl ha 
been dtsap^KHnted at last* But nad it beeu i 
tend«^d with succefis, bad bU majesly'a 
|H3nfon been seized and iiaprisooed, aiHl 
tlie Pretender been plact-^d on the thitmi*, w| 
a scene ol* misery bad ojiened! A nnid adn 
nistralion, governed by tbe law of tbe 
under an cxeellf ut prince, and as just and ma 
ciful as ever wure the crown, must have gisan' 
way to arbitrary power } all your estalts nA 
properliei must have been at the will uf a pra* 
vokeit and eicaaperated usurper; liWriy mual 
have grven way to slaver* -■ ' ■'- • ' t « 
ligions lo pupish idoUt/} 
th is, h u ui an ly «" '^' t. L i r w j 
or bo|)ea 4if r^ 

caUiuities ba^e u^ 

of the king's doiutnioiifr| tor sboulfl tbe pr 
happy estnbbsbntent in his riiDJL'Sty and 
royal family (the chief bulwai^k and support^ 
tbe I'rotestant interest) be destroyed^ the 
tei^tant religion iu gen4?ral must be reduced ^ 
the lowciit ebb, if tail total ly extinguisiied* 

This is the nature of toe crime » and tba 
aome of the fatal eonsrouences that ntuat ball 
ensued, if the dt^»igus charged upon tbe 
soner by the indictment had look eilect. 
whether he is guilty ol^ this great oflai 
is what you, genllcmea of tbe jary, are 
to try. 

I^Iy lord, it is my part to open the natural 
the evidence that we thai! produce lo prove l' 
several overt-acts laid in the imlutmetit ; a 
in stutiitfc^ it to your lorilsbip and tbe juryy4 
shall tbilow the course of time in w bieb 
fticts were done, that tbe case m^iy be 
easily aii pre bended, and shall opt^n notbitt^ I 
what 1 believe will be clearly ventieii by 

I'his prisoner at the bar, tbougti I 
to tbe profession of tbe law, and a ] 
il, went beyond be.i in the year 17fOt4 
tbe cbse of that y«*Hr, according to our i 
tbe bcginmofcT of tho yrar 1721, arr 
Home, where tbe Prettindt-r then was; 
the priH^tm'r was there, be ptocured himself 1 
hi introduced lotbe Pri*tetider, and bad two pH- 
I ate coiitVrences wiib tiim, in wbicli (but 
what nit^tiiodsor representatjon is bostkn 
to hiuisi'if) it is plain he obtained thePreten 
good opinion ao far, that he thought bim a fit 
^M^nrofi in whom a couHdence for carrying oa 
any dmgos against bis majesty, and for setting 
hini^eif on the thrnne^ might ba aafdy r»» 
po^ ; For this purpose a oorrespondeDca \ ~ 
then settled bet^eeu tho prisoner and 
persons of diatinction about the Pre 
a cypl'^er of natoes, of perfrons and 1 
agreed on, in order to carry this eor 
on. Tbe prisoner returned to Engbiiid i 
July 1721^ atler which be writ letters to hi 
correspondent at Home, and auawera to tbem 



m 



Jot High Treason* 



A. a 172^ 



[154 




(MM ftmm tbnict, whereby it vrill s|>pe;&r, that 
f^m^mmrhmd moAeitook b consirleroble part 
ilAt^Mtell tlneii earryio^ on u> tiring the 
VlMsJir m t mad allboufrh the^ie I tetters are io 
ibeMsaad cftot terms, ftnd fictilious Dames, 
ym Ijr l^ hmlp of the cypher, aod from the 
MMK^C lite letters ihemsetres, it wt'lK easily 
understandinfir for what 
writ : This cypher and 
prove to have been ibunil 
r** |Miper8, which were »ei/(Hl 
«DfDifiltii»eiit, and your lordship 
Ijuty frtll aeCf when they come to be 
tithatandiog the oiiscure tertos, 
mysterinns eirpresKKit iamrted to 
t eye of the reader, when compared 
I te emptier they will be ao Intelligible, that 
^viIIk a ptaia evidence that a iksii^o was 
oo of raising a general rebellion in 
ttie Pretender ; for which purposes a 
^fm vrritiDe^wai prepared, which weshaJt 
iif Idbe ipcrar fordihip and the (fentlemeo of 
ilfjary^ that waa likewite fouad among the 
p»iau*i papera ; we ahall prove it to he writ 
iMkbiaowtt bttiid. 

■I PepgeDv opetietl the nattire of 

J fully, I shall not trouble your 

i&pi witll a re|»etilii»n of what he said ; 

■ nCMDea lobe read it will appear tu he 

ilitteil Ibr a general ri^inif^ it will prove a 

mI 4csigii to seize the Tower » to seize 

Mi IB ^Fe«i iUtioD«, to seize the Bank, and 

I ai Uak lo seize the person of the king 

If, ao4 lo seize his royal highness the 

ioi W&lei^ Thiai we apprehend, will be 

1 1 MPBttiF evidence of the oTert-ncts laid in the 

m, and will confirm the testimonieB of 

ikewnoemmn wlitch we shall produce, 

Tli*f« are two witnesses we shall call to 

I wwrm llic OTert acta kid in the indictment^ 

mm haV0 already been mentioned to your 

I iMMfif Mr. Htephen Lyftch, and terjeant 

*" " ' Hitniett. Mr. Lyncli will pn^vethe 

I^<irei1-acts laid io the indictment to hove 

hm ctttflRMtied by the prisoner in the county 

tf SaKk, wliere this inaiiitmtnt was found ; uh 

ika «Teft*aeU of the same nature committed 

hf him to llic county of Middlesex^ But as it 

ii layiapirr la fall directly upon the proof of 

tew Mti, without first proving Kome other 

tmMhf way of totn>diiction, as how the ac- 

^i^itoae<e between IVIr. Lynch and the prisoner 

Ii telMT began, and how tlioy came to be so 

iiteMa a* to enter into a dehi^n uf Ll>is nature. 

Air. I^ikcfti will give your tordshipii and the 

jury aa account ; that there had been acquAint' 

mm baiwaeii Uiit Mr. Lynch and one Dr. 

eigbl or nine yeara ago ; thai they 

l4 to join in the rebellion which waV 

IbalMiptiatng of his maje?>iy'g reign; alter 

1^ waaarer Mr. Lynch wetit beyond aea, aud 

\ tUrre aom^ timt* , and arrived in Eog- 

I HI April laat ; that theu* acfjuaiutanee con- 

1 iheir principles were not altered ; 

Mr. L^oob maettu^ Dr. Morphcy, Dr. Mm- 

pbay (wbaluttli l>eien mentioned to your lord- 

ii Ilia oecaaioa ia Uua &mii ^lui lAwii 



nnw to be found, but bad a great acquaintaoee 
Willi the prisoner at the bur) told him he had 
something advantageous to communicate to 
him, and appointed a meeiiogncxt niomin^ at a 
coffee-house i n Corn hjl I , w here they accord ingly 
met ; and Hurpbey then advised mm not to go 
out of England, hecauiiehe had an opportunity 
of making his fortune^ telling him there would 
be a general rising in favour oi* the Fretcoder 
(nhoui he called king) and that it was carried 
OQ by gentlemen of note aud credit ; and if he 
would accept of I he service, he would recom- 
mend him to one greatly concerned in that af- 
fair ; Mr. Lynch, after consideration, agreed la 
stay, — .4 tier several other meetings hetween 
thifl Dr. Murphey and Mr. Lynch » at which 
llieir discourse generally turned upon this in* 
tended rising: about the beginning of June, 
Dr. Murphey introduced Mr. Lynch to the 
prisoner, as a person fit to be entrusted in the 
lotended enterprize; they went to the Grifiio 
tavern in Holbom ; Mr. Layer there expressed 
tbe good opinion he had of Mr. Lynch upon 
the character he had received of htm from so 
good a friend a<i this Dr. Murphey. They soott 
entered upon busitiess, aud the pri.soner, aAef 
having made a represeutation of the imeosinect 
of the nation in general, and of the fair up* 
portunity there was to bring about a revolution, 
proposed to Mr. L>'ncli to seize some general; 
to which the witness agreed, Alkr Ibis they 
had several other meetings, at which I he dis* 
course turned ujton the same subject of a ge- 
neral rising in order to set the Pretender on the 
throne, and at one of tliem tbe prisomr de- 
clared he intended Lynch Rhuuld ^ei*e the earl 
of Cadot^an, and thiu the scheme was In id on a 
sound foundation, having a |;reat mau at the 
bead of a^airs, who u anted neither wit, courage 
nor resolution^ and he would be backed by his 
friends. 8evera) r/ther proposKion^ were made 
by the prisoner tending to rh*^ same end ; to all 
which iMr* Lynch at^reed, and they coni^ulted 
how they miffht put lliose things in executiop. 
hi July La&t, Mr. Layer wcui itUo the country 
for tburieen or iifteen days, and after his reiur'ii 
in the beginning of AiigUJ»l, in pursuance of 
what they hud cuncertt^d, Mr. Lyueb and he 
went to View ihe carl of Cailogau*8 hou]$e, to sea 
hi*w pracucahle that design of seizing hun at 
his house was, Mr» Lynch thought it feasi- 
bte ; hut he grew uneasy at delays, and fre^ 
qnenlly told the prisoner ihat his cireumslauce» 
would not pemiii him to eitniinue here at liig 
owu expeucc; theretbre to encourage him lo 
stay, and persevere in the design » Mr. Layer 
gave him s^evi^ral i»umN uf money. 

My lord, uptm the *24ih of Aui^fust last, ifto 
prisoner aud Mr. Lynch agreed to nde ou the 
next day lo take the air ; on the ^S»h, accord* 
ing to appointment, (which brmg^ us now to 
the ovtrt-acts in I he county of Krisex) they 
rid oullay[ether ; the pi isuner thought it proper 
to ride with arms^ alleging that he had thiugn 
about him he would not lone for any thing in 
ihe world. Upon the road he told Mr. Lyncb 
they would ga to luid ^mJk aad Gfey% 



155] 9GE0RGEL 

with wham the |>Hson«r had the hotioiir to be 
well acquduteii^ am) im would present Mr. 
Lynch to my lord as bis ymrticolar acquaint- 
aure. It tiajipencd to Lie too late to get to lord 
North and Grey*s by dmner, ^bereopon they 
jiut in at the Greeu-Mati near Epping fore*l, 
whichf g^ntlemtn, it at Lay ton -Stone in your 
CO uiity . Din ncr not bein^ ready at t h eir com * 
ing thither^ they entered into oonversation on 
the former topics, and Mr. Lynch di^sirijiij 
to give him some m«»ight into the scheme 
that was formed, the whole subject matter of 
their former coosullati^ns uud dlseonrses were 
repeated about seiziiig lord Cadogan, seizing 
the ministcit nf Htate, oi gettiof*' part oi^ the 
army to declare for them, and for tteizing the 
kiufpa person ; and these things were then 
Pigr^ed to by tbetn. At this place it ifus^ that 
the pii$oner puUed out of his pocktftt and 
ebewt^U to Mr. Lynch the traitorous writing 
laid in the indictmcDt, which was a declara- 
tion to encourage a genei'al rising, writ, as tlie 
witness believes, in the prisoner's own bi^d ; 
tmd that part whidi contained the promises of 
rewanls to be given to the soldiers and other 
persons to encounige them to come into their 
designs, was read by the witness ; after whiclt 
Mr. Layer took his paper away, and put it up 
■o his pocket again. My lord, when they had 
dined, they went on to lord North and Grey ^3 
Louse (whom your lordship will hear men- 
tioned by the evidence as tne person thought 
on 10 be general in this undertaking) ; tfisy 
staid there that night, and dined tliere next 
day, and aAer wards they had n second lueetiiig^ 
At lord North and Grey^a, Your lordvliip and 
the jury will be plea&cd to observe, that this 
evidence will he a fuU and positive proof by 
this witness, that the overt-acts hy publishing 
this tnjiilon»us writing, encouragiug persons 
to take up arms against his majesty, of the 
consultations and agreement to levy war, to 
set the Pretender on the throne, and to seize 
his majesty** person, were done at the Green- 
Mio, in the county of Essex ; and this will 
likewise be an evidence, tliat all the overt* acts 
laid in the indictment (except publisliing the 
traitorous writing) wtre doue in the county of 
l^Iiddlesex. 

Hy kird, the neitt witness we shall produce 
IS Matthew Piuukett, formerly a serjeant in 
some regiment; he had been formerly ac- 
^uainteil with, and had been serviceable to the 
prisoner, and was very well acquainted vv^itU 
€06 James IHuokett, which James Plunkett 
was a great aoauaiutance of the prisoner's. 
This James Plunkett desired the witness, Mat- 
thew Plunkett, tu meet th« prisoner 10 July 
last ai the Italian codee- bouse in llusset-court, 
which the witness could not comply with ; but 
the witness met the prisoner the Sunday fol- 
lowing in Lincoln's-iDii'fields; they were to> 
frether near an hour, the prisontT gave him 
AD account of the intended general risiug, and 
iLsked the witness it' he knew any old sei3«ants 
t^r soldiers who can disci [dine a mob, agreed 
With ium iQ procure sudb, mtsniioiied to hiai 



Trkd of Ghrisiophet Ln^er^ 

sereral persons (it to lie at the head of <^ 
eoterprisee ; and in ord^r to make hiin dili( 
he gave him (it that time half a crown ; 
money was not only given hiui at thai I 
but a promise was made 10 him of turtlti 
wards. Ttie t>risoiier having occosi^ 
in the country » one Jitfiey^t a noii(|i)| 
gyman, was sent to IViatihew Pin 
Layer (and tins fact iLat I am goitkgi»-4 
must not be Imrely c<Hisidered as iiii> aci^ 
tweeii Jeffreys and Plunkett, hut it will htf^ 
brought directly borne to the act of Lajrct| 
hiiusetf.) JeBreya tuld Plunkett he cmmic, 
from the prisoner, and that he waa tmpkiyt4^ \ 
by him to go to such as the witness wi^ itli# | 
were old serjeaots, to get a number of tkcni !•» | 
gether to discipline the mob, in oi'der to the f^ , 
neral rising: the next day they met again, , 
and had the like discourse, snd Jedfreys gmtv^ 
Matthew Plunkett half a guinea; aiid wtntt^ 
brings tliis home to the prisoner, ta, that b« | 
told Plunkett he had \e\\ a guinea with tb«^ 
nonjuring parfiou to give him, and talked witb: 
him on thtf same subiect that Jetfreys had dift*^ 
courised the witness before. Hut in fact,*^*" 
freys did not give Plunkett the guinea, be| 
him but half a guinea. 

My lord, alier Mr. Layer went out of 1 
Piuukett gave him an account what prog 
be hsd made in the aH^air. Plunkett told 1 
that he bad got several old soldiers that 1 
bear a part iu this business: the prisoner! 
be must take care to keep a list of their naa 
and the places where they lived, that ' 
might be in a readiness when they shi 
have occasion for them. And on Sunday b^ " 
the nriiioner was taken up, he told 
Plunkett that a great many of his countryi 
were turned out of the guards, and askecf fa 
if he knew where they lodged; and upoti4 
witoeas's answer that he dul not, the pria 
direcled him to take a list of their tvames^j 
places where they lodged, that he might h«f 
them when occasion required. 80 I but in 
is Mr. Lynch a positive witness as to th« oa 
acUiu Kssex; Mr* Lynch and Mr. Phu 
positive as to the overt-sets in Middlesex* \ 
their testimony confirmed by the sch 
under the prisoner's own hand, and 

f»apers, which we shall produce, found ainon 
lis papers wbii^h will leave no room to do 
of the truth of their evidence. Besides, 
lord, the |>risoner l^eing seized in Septi 
last, we tihtili give an account when he wa 
custmly of a messenger, locked up in a 
two pair of stairs high, he made ashifttai 
hises(;ape, got to the water-sidei and ^ 
sculler to carry him over the river ; bell 
ally got over the river, hut he waa 
again iu St. George^s-heids, and brought I 
to the messenger, and offered very eoosidersbloi^ 
sums to the persons who retook him to let hint 
go« 1 believe it is hardly to be imagined^ a 
person jierlectly innocent would venture to gel 
out of a room two story high, and in tli« 
manner he did, and offer to give such a reward 
to the pcrsQUi who retook him to let htm get 



BTJ 

«M Smmli 



^fir High Treason, 

I becimseioiis to hmicelf tbat lie 
gical dao^r. There were like- 
Ml bis house arms more thim ne* 
%r Im ttse, and which he has con- 
fo be used if there had been a 



HjImI, t» corroborate the tettimoisy of the 
mttamm, we aball lav before your lordship 
■A Ikt flrmlef»vD ef the jury, the several 
^beb were found, i may say, in Mr, 
Imlv ; 1 don*t say tfiey were ac- 
In liis custody, hut it will eomt^ to 
; for he had delirt-re<l them in 
Mrs. Ma^>n the witness, whom 
ptn&ttc^ with directions that slie 
B» pariicolcir care uf tbem ; and ihey 
in her custody not looij after the 
s commitlcHl to the rustody of u 
•be saw every one of them marked 
Vr^pmis who aei'^ed them, and marked 
laMjinif : there are not only the scheme 
■tfiacj^fbers and letters mentioned hefore, 
lilite Irft promiBSory notes subscribed by 
ivI^hMrn^er t these pronuftsory notes run, 
ladUMMiledge Co have received from 

ibe aufn of which mm 

to repay with an interest for it Bt 

iH of per an n , J aivi ej^ E .^ 

asy Qtaii imagine, if there waff nothing 

^la «^ plain tbeofi, that these ooteti were 

hmint onthtng? £?ery body must beliefe 

iM Ibry were intended to be fnadc use of to 

imy wm the conipiracy; but we iihall shew, 

\f ^e prisoner's own confe^ion, thnt they 

apve aent n'rer to him by sir Williom Ellis, in 

«|pr to be mM\e use of slh occasion should 

, IB protMMe theve designs in favour of the 

Among' these pupeis several Jist*^ 

lUiii) which will lie prmluced, some of 

eeolAtti the nuint»er of the oncers and 

tf ibf aoWteta in ihe cfuards, some the names 

tf fiber olBoeni and told lers, and some thv 

tabo^^tftbe ofiusera belonifing- to tbe Tower. 

kttoil be i^wiied, that in some of those Hits, 

i«« am Am names of several persons of as 

(pm botioiir, loyahy, and tide! ity to bis ma- 

JHI|. as any subjects bis majesty bath ; yet 

i»ffnmni>^ the^ lists conid be for nothing 

lit-lB^cC Hii tofonnation of the uumlier and 

^■•Kirr of tbe persons in bis majesty ^s ser- 

siit. la knovr tlie strength of his majesty's 

f•«^ tbat intelti^nce mic^ht be civen and 

itt^s framed accordioifly, and tfmt there 

tmglB bm taoiperin^ with such as there could 

Aa^tjf bopcs of bnntrin^ o^ev into the Kre- 

laAv^ nierest : if Ihe prisoner can put any 

iAv eattstnicrtion upon bis havinpf tliese li§ts 

into cuitddy, he will have an oppoi tuuity to 

^•l» TbcTSC tilings bein^ proved, I apprehend 

ItosfngDaina no doubt but tbat the prisoner 

will tppanr to be guilty of the crime char^l 

c^bin in this indictment : but besides all tois, 

wsaball pffive bis confession by two witnesses, 

«lMneby be bas confessed every overt- act laid 

M^Ckia lodietment, the several transactions that 

Mr. I^rynebaud Flunkett wilJ give account of, 

«Ji ibciacu that 1 have meuiioned 

s 



A/D* irn. [158 

I before. I shall conolude with this, fifentlemen 
of tbe jury, that if we make out these fac 
as tbey have been opened* and according" 
my instructions, I have no reason to make tfa 
least questiim of it, it must be left to your con-* 
si deration whether the prisoner at the l>ar ii 
Ifuilty of the oflence fur which he stands in^ 
dictetj or not ; if } ou shall be satislied by iIh 
eridence that be is, I do not doubt but you wil 
do justice (which is all that is desired of you)^ 
arid find a ver*lici fur the kini^- 

Sol. Gen, If your lonls! tip pleases, we will 
now proceeil to examine witnesses ; and wi 
desire tliut room may be nvade for I be wil*^^ 
ne«^es to come into court. Call Mr* Silephen 
Lynch. 

i. C. J. You must make way there. 

Priifwer, Wy lord, I humbly desire before 
this witness be swm n, that he may be exauilned 
upon a Voyer dire, whether be hath not a 
promise ai pardon, or some other reward for 
sweariu^ against me? 

L. C J. Hir, you cannot ask him that 
question. 

ftlr. Rungerford. I hope we shall he at 
berty, and have a right to enter into an exan 
nation of this matter. If a man is rt^presenti 
to be in the same circumstances with tbe prw 
soner, and the prisoner led into the same cir<^ 
cnmslances by the person proposed as a wjt-M 
ness, and afterwards by him involved ip tht 
same oiTence ; if the person therefore prop 
us a witness, hath a promifie of pardon or i 
reward, upon condition that he would sweat 
against the prisoner, he cannot by law be n 
fjfood witness ; the person prufHised as a wit* 
ness must be a cretlible witness, nmst he 
legal witness, must not be convicted of perjor^/^ 
or any other notorious offence^ a free witttes 
that is uot uuder restraint for the offence he 
accuses another of j and therefore we hope we 
Imve a rif^ht of asking whether he acts under .. 
the intluence of any promise of reward, or ih 
promise of a pardoi : and the right we have 
of examining him to the promise of a rewar' 
or pardon, is supported by the authority of mjil 
Inrd chief justice Hnle* as reported by KelvuiCe.if 

Mr. Kettitey. My lord, 1 would not tate up^ 
your lordsbip^s time, and submit the weitifb' 
at' what Mr. Hungerfortl has offered to your I 
consideration; hut we found our ri^btofaak* 
imy this i|uestioQ upon my lord chief justice 
Hale^s express declaration, set forth at lar^e in 
Kely nereis Reports, tol. IB, which 1 Imve here 
in my nand. I must likewise beg leave lo ob- 
serve tn your lordship, that thts 4]ue8tion was 
formerly asked in the trial of Gordon and Dor- 
rell to one Adams, that had been in tbe same 
conspiracy with those that were hroug'ht to 
trial for high treason^ and was then produced as 
a witness against them ; the book was then 
brought into court, and tlie quotatioa read be- 
fore your lordship, and accordiuj^ to my notea 
of that trial, which I have here brought with 
me for my justiHcation, (I submit to your lord- 



ISO) 



1>6E0R&E I. 



Trial rf CkriHopher Layer f 



[440 



•f his power ioteoding to chan^, alter and 
■nbvert the governmeDt of tbii kingdom, law- 
fully aud happily established under his 
present rosjesty, and. to depose and deprive 
nis said majesty of bis title, honour, royal 
estate and j(overninent of this kingdom ; and 
tp advance to the crown and government of this 
realm, the person in the life of the lato. king 
James S, pretended to be prince of Wales, 
and after the decease of the said king James 
pretending to be, and taking upon himself the 
stile and title of king of England, by the name 
of James 3, did opon the S6tb day of Au^st 
in the ninth year of his present majesty's reign, 
and at several other days and times, at Lay ton- 
fkone, in the county of Essex, ftlsely, malici- 
ously, and traitorously, compass, imagine, and 
intend to depose our said sovereign lord king 
George, from his title, regal state and govern - 
■dent, and the said king to kill and bring to 
utter destruction. 

The Indictment further sets forth. That he 
the said Christopher Layer, to perfect and 
bring to effect his treason and trsitorous pur- 
poses, on the said S5th day of August, and at 
several other day's and times, at Layton-Stone 
aforesaid, iogetner with divers other false 
traitors, to toe jury unknown, did falsely, 
maliciously, and traitorously meet, consult, 
conspire end agree, to move and stir up an in- 
surrection and rebellion in this kingdom, against 
our said sovereign lord the king. 

The Indictment further sets forth. That he 
the said Christopher Layer, to perfect and com- 
plete his treason and traitorous purposes, on the 
said 3&th of August, at Lay ton Stone aforesaid, 
with force and arms, did falsely, maliciously, 
and traitorously publish a certain malicious, 
seditious, and traitorous writing, containing in 
itself, and purporting to be, an exhortation and 
promise of rewards to the subjects of his said 
majesty, to persuade and excite them to take 
up arms and levy war against our said sovereign 
lung George. 

The Indictment further sets forth, That the 
said Christopher Layer, together with other 
faliie traitors to the jury unknown, to complete 
and bring to eflfect his traitorous purposes, on 
the said S5th day of August, at Layton-Stone 
aforesaid, with force and arms, did falsely, ma- 
liciously, and traitorously meet, consult, con- 
snireand agree, to exalt to the crown and royal 
dignity of this realm the |)erson in the life of 
the late king James Sod, pretended to be prince 
of Wales, by means of an armed force and 
troops of soldiersy for that purpose to be raised 
and levied. 

The Indictment further seta forth, That the 
said Christopher Lsyer, to perfect his said trea- 
son, on the said 85th day of August, at Lay ton- 
Stone aforesaid, maliciously and traitorously 
did raise, levy and retain several men, to the 



jory unknown, to lake ap arms and levy war 
within this kingdomp aganot nor said nvwi ' 
lord the king. 
That the said ChiHlophir Liyar. I9 v 



of Auffust at Layton-Stone aforewd, togeftcr 
with divers other false traitors, to the jiiry m-. 
known, did falwly, maliciously and trailofoalj 
meet, conspire and agree, to take, aeise, ifnprt: 
son and detain in custody the sacred pmmi of 
our said sovereign lord the long, agaipat Iha 
duty of his allegiance, against the peace of Ihn 
king, his crown and dignity, and againit Ibo 
form of the statute in that case made and m^ 
vided. To this indictment the priaoMr M^ 
pleaded, Not GuUty. 



Seij. PengelfyJ* May it please i 
ship, and you gentlemen of the jury*; tho pri- 
soner at the bar, Mr. Layer, cornea now Itfilo 
tried before you, for a wicked and dcMhilo 
conspiracy ag[ainst the person of hh maii^i; 
and against his government ; and thin In 6mm 
of an attainted and abjured Pretender ; 9 Rui 
tender whom the prisoner liimself has ^Vii 
in words, and ought to have renounced ui Idt 
heart. 

The indictment contains a cbam of kU 
treason against the prisoner at tho bai^ lie 
compassing apd intcndin«; the depoMBg tho 
king, and also his death and destruction. 

The particular facts laid to provo thin tai* 
torous imagination and intent, and which ihc 
prisoner put in execution, in order to bii^g ta 
effect his treasonable purposes, are Ave. ^ 

The first is ; that the prisoner, with other 
traitors, did consult, conspire and agree to niil 
a general insurrection and rebellion in thloM* 
tion against his imyesty. 1 

The next; that he did publish a le^liliif 
and treasonable declaration, containinff iooh^ 
ments, and promises of reward, whereby tea* 
cite and stir up his msjesty's subjects to triM 
up arras, sod to levy war against hb uiiyM^ 
within this realm. 

And farther ; that he, with other tnilHIk 
conspired, consulted and agreed by an anaad 
force, to exalt, and bring the Pretender to Ui 
majesty's crown, to the throne of theto kla 
dome, and put him into the poMeatiiN 
government thereof. 

That he hath provided, levied, and 
several persons to Uke up srins, and lo Imrf 
war agamst his majesty within this kingitoa^ 
for the executing these traitoroua porpoaeB. 

The last overt act alleged, and to finish ddf 
conspiracy, is, that he, with the other trailpi% 
consulted, conspired and amed to seioo upB% 
and to imprison the sacred person of hb nM 



sz 



jesty. 

Gentlemen, it is unneoeasary, when 
facts are opened to yon, to acquaint you, fkd [ 
an attempt of this nature, if it nad auooaodiit 
would have been the subversion of the pffMift j 
happy esUbliibment, and the ProtealaBt M^Jj 
cession, so often confirmed by the canowr 
tho wholo nation, and tho ooly 
roligioaa and civil 
wonldaUr 



161} for High TtiUim. 

m miamfml. For tbese reasons, as well as 



A.D. 1722. 



[162 



ol" tlie authority they produce, 
v» ^prcbciul there ia no force in |be objec- 

ftfen - Mj lord, I know not whe- 

lks ii t l>e laying too great a weight 

the. ut^cciioD, for so many uf the king's 
lel to answer it ; for oiy part I tliink it 




%t, Hmn^erfbrd. J tirg:e it thfia far : what* 
is produced in a conrt of justice 
f be inii'at appear to he utterly un* 
I point of iutei est in the coosefpience 
If a man produced as an evidence 
tlie dflit upon the defeodaiit, shull, 
aw exmriiiucd upon a *■ royer dire/ dis- 
ithat oe 19 to hare a part of the money re> 
I, ia oQrt such a [tersou flisahl^d from he- 
\ W(ti»ess at all ? /\ud is not a |irosnise of 
I to the wttfiesa, in ca^e he con r lets the 
, A greater bias ttiau the witnesses huv- 
■f fart of the money recovered ? lu a civ it 
OJiellie t[t>e^tion ia not, whether the witnes>f 
kfeHfli^ to «i«rear a truth or iulshood ? but 
' lite %%^itfi€i»s doth not appear to be so 
fcr qaw tted io iotereM, thit he ou^bt nut to 
WtXAnteed at all f And therefore 1 humhiy 
intttftiat %re oai^ht to hare an account^ whc- 
fbrltie ^itQCM, Lynch, halh the promise uf a 
nitkni, or aoy reward tor tliiit which he is to 
ll Itre, %iz. for the evidence ke is to give 
a|ttMt the i^ri^oner? As to the consequence of 
tmk^ ' \ it is luditTei-ent to trie whe- 

tWf It lole hiin from being a witness 

liifilttieiy, ar go to bis credit only ; for it it 
' 1 come out tliat he huth such a promiae, 
i 00 jury or man livinff will bclie?e 
I that is much the t>ame as if ho were 
^Irmiaeeil ; thoag;h il seems more aj^^eeable 
IP tJtt; praitice to eivil cases, that he should 
Bot tx: ' ' t asawitoesft at all, 

lir 7. Mr, 8<dn'itor mistakes the 

watA% tyi ^i<^ 'Hiuk as [ reat! them ; he is pleas- 
•d to understand them as if aU the rest of the 
pAgtm differed in opinion from my lord chitf 
ftvan Hair i but the book iloes not say ao, it is 
mkf that aume of the other judges were of opi- 
nutt tlmt it did not dis;^ble him, but all agreed 
tl^ it went CO his credit, and that was all I 
tia4 to lb« book ; and 1 would not have offered 
ilalliemise than as it was truly there, upoo 
mj eom«lcratioQ wliat«ioever; hut whether 
im qooCtoti be asked at first or last, so as we 
kM«an answer to it, 1 am contented, 

L C J. Yoii aee the most you can make 

ifil tMf that it is au objection tt» his credit ; and 

lift Qocs t'« hiH creilit, must he not be sworn, 

bt* credit lelt ta the jury P Lie must be 

1 ns a te^al witness ; but if this man, 

#.TTi^i tinon and promtse of a p.irdoti, 

svtearthat which is not true, 

'1 asL him to tliat, he h not 

to answer it* Nobody ia in discredit 

rlf, but always to be taken to l>e innocent 

M tt «p>|tmr» other wi:ie. It i« expressed that 

Ih liaa m promise oi pardon : what to do ? To 

»€ etidrncr. Gifa tvidebcr! Whv should 



he notr Ts be oc^t obliged to itP Suf>pose ha 
gires evidence ac€ordiiiO[ to thetiuth, lie would 
be entitled as much to bis pardon, osif be gava 
evidence of that which is not true* The moat 
you can Bay, isi, he has a promise of pardon if 
he gives evidence ; and can ymi conclude from 
thence that he can give no evidence except a 
false evidence? If they who a«>k the question 
insinuate any thin^ like that, it ought not to 
have an answer : but if he hath a promise of 
pardon if he eives a true evideacCi it is no ob*- 
jection to bis being a witness, or to bis credit, 

Prhtmer, My loni, I huuibl}'^ hope our ob- 
jections will thus far prevail, and that we shall 
come at the fact. 

X, C. /. When Ire is sworn yoa shall ask 
him what questions you please. 

Just. Eyre. The objection which jnves oc- 
casion to insist up^>n this question, arises from 
the influence which tlie hoptsof pardon may 
possibly have upi»n th« witness ; and ifttiis b« 
a reusou for fiettingr aside a witness as incajia- 
bte^ no accomplice nho discovers a conspiracy 
can ever be allowed to prove it ujjon oatli ; for 
] believe, no man ever yet made a discovery 
but M'ith the hopes of pardon ; and a goveru- 
meut is obliged in honour to {>raut it, whera 
the ctinfessiou apjiears to be ingenuous and Bio- 
cere; and therefore if the hope or prospect of 
pardon, which is all that can be inferred from a 
promise, should be an objection to the com|)a« 
tCQcy of a wituesSj no government would ba 
safe ; Ibr treasonable conspiracies might ba 
formed and carried on with impunity^ when the 
persons concerned, from whom alone a full dis- 
covtry can be had, are utterly incapable of 
proving the fact, though \\iey give all possible 
marks of their sincerity and truth. They have 
therefore been alwavs Vllowed tu be witnessea ; 
and 1 do net remember that ever any objection 
was made to their competency, till the case of 
the king and tinrdon, when the counsil fur the 
prisoner woald have asked the same qufstioo 
which is now proposed^ hut the Coutt did not 
think it proper before the witness was aworu ; 
for no person produced as a witness can he exa- 
mined to any matter which only alTects hit 
creditf and is no objection to his competency, 
till alter he is sworn to give evidencCi and bat 
beeo examined. 

Just. Poajyjr, Mr. Hungerford would do well 
to remember the several acts of parliament 
made to give encouragement, by a reward of 
4Q/. for the apprehending and convicting uf 
every false coiner, highwayman and bouse- 
bre^iker; and if a cruuinariu those ofiencea 
shall come io, and discover and convict two of 
his accoinphces, he shall lie entttleil to a par- 
rlon ; and by the express words of ttie 6t[i of 
queen Anne^ (»hult have the reward of 40/. for 
each houwbreaker, and shall also himseJf bo 
entitled to & pardon ; so th»t the i>atliament 
thoiirrhi it pi'opcr to give even money as we I 
ns :i4)Mrdon to such discoverer. Yel, ever since 
the making of those acts, the jier^ms sn pn»- 
mised and encouraged, have upon those trials 
been admitted as good witnesses tneu betore a 

M 



1 

I 

I 

1 



143] 9 GEORGE I. 

this design, are Stephen Lynch and Matthew 
Plunkett ; (which last had been a aeijeant in 
the army) with whom the prisoner consulted, 
and whom he eng^aced in this desperate at- 
tempt ; and we shalfcall some other witnesses 
to confirm several circumstances in their evi* 
deuce. 

Mr. Lynch is a |ierson the prisoner mig^ht 
have reasonable hopes of eng^aging^ in this ser- 
Tiee: he had been formerly acquainted with 
one Dr. Murphev, who (I am instructed) was 
in the rebellion that broke out in the begfinning 
of his majesty's reign : Mr. Lynch having 
been abroad, and absent for sometime, returned 
into England in April last : upon his return, 
Dr. Murphey, his old acquaintance, meets with 
him, bids him welcome to England, and tells 
him that an affair «»as going on by which he 
might make his fortune, and advises him not 
to go out of England : that there was an inten- 
tion to rise in favour of the Pretender, whoip 
lie called his king, and he would take care to 
fecommend Mr. Lynch to a person who had a 
great part in that affair. 

Mr. Lynch having suffered liefore, and run 
a great hazani, was unwilling immediately to 
enter into any engagement, but proposed, that 
if he could have sufficient encouragement, and 
what he expectetl as a reward, he should be 
willing to stay. Some time after Dr. Murphey 
introduces Lynch to the orisoner at the hart 
The first time they met, I think it was the be- 

S'nning of June last, they went to the prisoner's 
dgings, which were then at the upper end of 
Chancery-lane; and he being about to remove 
his goods, desired them to go to a tavern, hard 
by, the Griffin tavern in Hollram. To this 
place the prisoner at the bar came, where Dr. 
Murphey presented Lynch to Mr. Layer, as the 
gentleman Dr. Murphey had before recom- 
mended to him ; Mr. L^yer received Mr. Lynch 
at that time with great civility, and tells him, 
that the recommendation he bad received of 
Lynch from Dr. Murphey, made him not to 
doubt of his integrity and ability. Then they 
entered upon a consultation as to the carrying 
on of this desigpn ; Mr. Layer introduced it with 
represeuting an uneasiness in the nation in ge- 
neral, and liow fair an opportunity there was to 
bring about a revolution : But In r. Layer tell<j 
him, that one of the first and principal steps 
was to seize upon a general, or other great 
man (which you will observe is one part of the 
■cheme) and upon Dr. Murphey's recommen- 
dation of him as a fit man for that service, Layer 
proposes to Lynch to undertake it. At this 
time Lynch acquainted Layer with the diffi- 
culties he had been in, and that an aflair of this 
nature would take up some time before it could 
be put in execution, and he could not well en- 
gage in it without some farther encouragement, 
and a reward in money, in order that he might 
live easy and well while he staki here. Upon 
that, the prisoner at the bar promised hiia sup- 
plies of monev for bis suoaisteBoe and ex- 
pences, what anonld be neaeanry, besidei fu- 
tura fawardaf and id p i i Ma aoa af that pco- 



Trial of Chriitof^ier Layer ^ 

mise, Layer hath seyeral times ! 
Lynch with money, to engage him r 
fectually in this design, and to support 
it. , By these assurances Lynch was p 
upon, and then agreed to enter into t 
spiracy, and to take upon him the part 
that should be signified to him. 

Gentlemen, the prisoner did not tli< 
a full discovery of the person that wi 
seized ; bnt they were to meet again, 
did, alM>ut the latter end of June, at tl 
tavern: There the prisoner disclosec 
witness the particular person who was d 
to be first seized. He acquaints the 
that the person he (the prisoner) inte 
their former meeting, and whom he c 
the witness should seize, is the genera 
array, the earl Cadogan ; and liynci 
find out such other persons as he co 
upon, for the assisting in, and effecting 
terprize; whereunto Lynch agreed, 
then acquainted him what steps were 
made in the conspiracy, and that .they 
be headed and commanded by a genei 
had wit, and courage and resolution, a 
were supported by a great many frien 
had full power and authority from t 
tender (whom he called king) to act, i 
was intrusted with a commission as his 
and whose orders Lynch was to obey. 

The prisoner and Lynch had sever 
meetings, some at the Griffin tavern, an 
at the prisoner's own house in Old South 
buildings, where the prisoner alwi 
couragcd Lynch to persist in the undo 
by assuring him that all things went \ 
and that the design was so well laid 
could not probably miscarry : That the; 
be assisted by a great many officers, as 
any motion was made, and that the < 
soldiers would declare upon the first < 
nity : and being asked by Lynch, 
they had no foreign assistance to dep 
The prisoner answered, when we bt 
business, we shall not want relief, if r 
At one of these meetings the prisoner 
to the witocss, that, upon the rising, th< 
would be delivered up to them, by meai 
officer who was to be upon the giianl i 
the day of execution ; aud that the p 
the Mint in Southwark would come in tt 
who, aud all others that shouM rc|»air 
party, should have anns delivered to 
tod that the whole design should be pu 
cution at the breaking up of the camp 
would be the most pro|)er time for the 
inv wita the soldiers in the army. 

liut at a meeting they had, some 
August, at the Queen's- head tavern i 
Uueeu-street, near Lincoln's -ino-fidlda, 
complaining of the delay in pultiD^ fj 
sij^n in execution, and rppraafming 
of it, and withal prenng IB V-^ 
general and c 
great CM 
of dMiri 



\ % ccmw^meni tim« should afHer ; i 
I iIht uifiti«»i^ thiit he shuuld be I 
■MMlnl to thin liglile |N;r»(tti la due time, ' 
kiB «ii0iB L V r>'^^ **t'*^iU| receive liis onletP* 
udog- ills part, aiul 



UtKlCl L 






'ie 24th tlay of 
iich Co ri<le out 

, to take tlie a^r« 
luid oil the '4!<t>th 

^ iicli went lo the 
'\ I*yocli to go 

he wituetii, 
or piiftols ; 
:it lie h«d 

t^dUs hsurel iLr mii>^ |ur<A, uiicli iho |>ri- 
■■0^9 frrrBOi tntglit carry ; tht* prisoner <li- 






U* mi 






. . i.i 



, be- 

witli 



^MO^ ami titry rente li»|tftlb*T tti wards 
in EfscJi, \^kzch waa ttie phtee tliey 
111. 

wny s« they pruceeded, Mr. Layer 

i«iii»«*«M, ihtil tUey «♦'(>■ rft^»ti|if li> the 

•I* thf lord N*uth uh«i (.ifs, where lie 

i|t as ii pur- 

) VVhcu 

n tjaVUHi-tloiic, 

., furest, the |»n- 
k— ,» .. .. .^1 ij f^at fciimethihi^f 

Vb*:. IivC44*^' ' ill be too lute for the 

Wi ?*"(,- th ami huiii r t nr>d ttccurd* 

•19(91 »l tl 

ii«ii, 5tiu . the iritnes* 

lia* tl ikm |il»r», liif |in>r,rH r uud Lynch had 
<»jlku c^tefcuJtJitjfm, tthtrLtntl»€fe Wflsare|ie- 
*« Mid cmifi ' the w hole »l*'ftig^n and 

^' '^ man, in yiiur coun- 

i every prind|«il 
I wj|» to }ie c\c- 
' 'I unto by 
ai the ill* 
^ Ml- j)r» junii[i«mN iisjtr: i rr for jt, the 
l» br prufUkd mid o\i>ei:lcd from 
|, fnim " ■••- '- •'' ' • ui London^ 

^ .,iiJ of Cadd- 
ie tint *i r" jjurprifiin^ the 
j*lli« nisnu« ifMl in tlie plin^ 
•f tlm ti&oer u}«uii ttid 
^ froQHrdMi to ronxiri* > ; jirove 
4irHjy ind «xeftmbie pwt H ihe plan, 
'' ^ktn »\|ffM*ly repeated by tlie pri- 
^ i I M^ dctacbtoeat lo «dice 

nwji iienlaMd Itia r 
CDgvgcd & |>er> 
^ 11% BIr, Lytidj, in ruf Lt^ 
I'MHCa^^pmi and |:k< 

- 1 ,U»ti "- 




pressed his wi«heii »o to hrin^ matten* lo beai> 

thalftlr. L>nr' tt" -' r 'Irr--- ♦: ■ *hr ^ole 

direction in ;< ne 

r»f ♦.' 'I-^^- .;ilt| 

aii«: :ic8 

of ^La- , — ■.: -.,-•- \.:..^ .-, ['.^.!'-^J ■L-u:Lilia- 

i»ii>ner ot the treafioi'y. 

These }ter«onst moat immediate I \ intrusted in 
his mnjesty'a service, wtte in the finit pltoc« 
to be sci/ed, iii order lo fueilitale lhedrsi|2riJ, and 
to tnake tl fuccerafuL liy this mean^ the etm* 
ii|iirAr<ir-* were to iveakeii iuu maje>^tv*« [K)iver 
of ddending himself, Hhen they hatf deprived 
iiim of his g'eni'ra), nho was lo commaJid and 
Ci»i ' *»*niy ; of his two secretaries, who 

U( iiiiin and carry on hiii iDtelUgeiice i 

ami Mi utt litsi cotun)i!^sioner of his Ireasitryy 
who wus lo take care for his supply. 

At thi^ pNce these things were debated and 
cofiMthred beiwven them: Mr. Lynch tbea 
p lut I Htnpiiijut^il ot the lung delsyf nnd%vished 
;iff air mif^ht lie curried on with more ex- 
1 : the prisoner thought no ttitie so iitti* 
jier a»j the hreakiiiif up of the camp, when tWy 
rni;;ht he supplied wtih soldiers; v«h hcuaa 
willioir to heitr any proposal troro Sir. f^yoch, 
Mud dmred Mn ijynch^ thtit if he could think 
of any speedier mcihodf or t>v*tter sclifine, lolet 
iiim know it : hnt the wiltit^ss was not capable 
to propose any wny nioie proper^ than what 
htid been a^reeit upon the tool of the plan, as il 
had bt'en explained by the prtsooer himtiellf 
and therefore IVIr. Lyiteh ivcfjuieiced therein, 

(lentlenien, at that time^ and at the same 
l^ditcr, the overt act laid in the iudicfmc nt, of 
fjublishinjf the ti>*asonable writin«;, was coio- 
loilted ; which Han a dechi^ton framed in the 
ha(uf\^ntiti|f of the prijionery to b« published 
luiraethately on the first breaking out of the 
conspiracy, to excite the king*s>*nbjt«tsto take 
up arms, and to rnter into a rebelhon agnififit 
hini; and that it mi|i;ht have an inf!uenee oil 
the army, where their Im>p« were ptaci*d« it 
took noUce, that thf* kiu^s getieral was sti£«d| 
and in their custody. 

Iq this deciaratioii particular rewards are 
promined to llie horte and foot iu the army ; 
different alio waDcea •re made ; to e%t'ry horse- 
man and Serjeant three f^uineaii ; two g-uineiui 
to every coriiorah and one njuinea to rvcry 
comtttuo m»kher : all had promises of etiooti* 
tmjpMlillli^vour, ami future reward. 

Geotlrmco. nOcr this wa*« reitd, the prifiOQer 
put this n up into Win jmcket a^^n ; 

and ait> < he acfpininted the witness) 

he hiniseh in»il#» atx ahcmtion iherifia ; it «mi- 
liunn^at lir%i a ^fufrn\ inviifitsoti to a revolt* 
hutwaanol<' of any narli- 

cularperscm. ^ thoiiifht til 

aAerwardsio alter U, (ua he iiitormed L}rnch) 
iktvii to make it ill the aatue of the t*reie»Kler, 
aL% king. 

t.'r riileroen, thoujg'h tb«r twptt audi ^xftretm- 

were fouodeil On eorru|!^ctg' and drbkucb- 

the unny ; I meali«in ii only, as it was their 

tinti and de«gti, without any iitspuia- 

hoaoar or fidelity of the ^ntkiiitii 






4 

4 



147] 9 GEORGE I. 

of the army : but peraons who undertake an af- 
fair of this nature, are always fbrward to ex- 
pect their desigrns will he auccenful. 

This, (gentlemen, which I have mentioned to 
you, which will be more fully and particularly 
given in evidence to you, ap^ainst tlie prisoner 
at the bar, was transacted and committed in 
the county of Essex. 

My lord, this will be evidence of most of the 
overt acts alleged in the indictment in the 
county of Essex; but we sliall confirm this 
evidence by the confession of the prisoner, 
proved by two witnesses, in whose presence he 
acknowledged the several facta which will be 
charged upon him in the county of Essex, by 
the testimony of Mr. Ljrnch ; and shall make 
proof of other overt acts m the county of Mkl- 
dlesex: for it was impossible a design so ex- 
tensive should be confined to one or two parti- 
cular places within the same county: their 
consultations must be transferred from place to 
place, as opportunity offered, and as they 
thought most conducive to the purpose they 
were engageil in. 

But the facts I have mentioned were tran- 
sacted, gentlemen, in your county. After the 
Jirisoner and Mr. Lynch had settled these af- 
airs at the Orren-Man, they went to the boose 
of my lord North and (jrey at Eppinff : they 
■taid there all night, and dined there the next 
day ; the witness was introduced and presented 
to his lordship by Layer, and was civilly re* 
ceived and entertained; and the prisoner at 
the bar, as he and Lynch returned tiome, ask- 
ed the witness how he liked his lordship, and 
assured Mr. Lynch for his encouragement, 
that be had greatly recommendeA him (the 
witness) to his lordship. 

The prisoner and Lynch met a second time 
at the Lord North and Grey's house, where 
Lynch declared he would withdraw himself, 
if things were not put in execntion ; to which 
Layer replied, they would be sooner put in 
execution than Lynch imagined. 

Gentlemen, you may perceive, by this evi 
deuce, the prisoner's e'xplanation or the whole 
acheme, and his execution of it, so far as was 
in his power ; though, blessed be God, these, 
or any farther attempts of this kind, have not 
hitlierto prevailed. 

The prisoner proceeds farther ; and the next 
witness who will be produced against him, is 
one who had been a serieant in the army, 
Matthew Plonkett. Plnnkett had been for- 
Oierly acquainted with the prisoner, and doue 
him a piece of serrice ; he was made use of to 
fescue some eoods, when they were taken in 
execution at Uie house where Layer lodged, 
which was the beginning of their acquaintance: 
this, with some other recommendations from 
persons engaged in this design, induced the 
prisoner at the bar to make oficrs to bim, as 
you will bear from the witness. 

In June 1722, another person of the same 
name, one James Plonkett, was directed by 
Mr. Laj^er to go to this seijeant Plunkett, and 
dmn him to meet Layer ftt tha Italian eoAie- 



Trial ofChridopher Layer ^ 



[148 



house in Rnssd-eonrt The witntas eould not 
at that time, at least did not think it proper to 
gfo to the place appointed ; but a day or two 
after, Mr. Layer meets him in Lincoln's- inn- 
fields, and takes him aside under s gate-way 
near Torn-stile : Layer then told Plunkett, he 
vrould inform him of a matter that would be of 

Ciat advantage and benefit to bim ; thero 
yerlet him into this conspiracy, and en- 
gaged the witness in it, not only by aasaranea 
and promise of reward, but by actual reward 
and money given him ; and to induce and to 
encourage Plunkett the more. Layer acquaint- 
ed him, that there were several peraons of 
great estates, who were resolved to rescue 
themselves and the nation from the calamilici 
and slavery tliat they then endured; and that 
they intencJed to bnng about a revolution, and 
restore their king the Pretender ; Plunkett ob- 
jected, that the Pretender was a Papbt ; bot 
the prisoner replied, there was no diflfere n ce 
between a Papist and a Lutheran king, and 
therefore, that ought to make no impression 
upon Plunkett, to hinder him in joming to 
bring in a Papist. 

The prisoner enquired of Plonkett, whether 
he had not an aconaintanoe in the army witli 
some officers, and the common aoMiera ; and 
then engaged Plunkett to levy what peraons be 
could into their service ; and when tne witnsi 
told Layer he knew twenty or thirty serJMots 
in the army, proper persons to be applied to, 
the priaoner gave Plnnkett directions to nake 
apfihcation to them, and to have them enroll- 
ed ; and at that meeting the prisoner gave the 
witness money for his encouragement ; and as 
they had several other meetings after thif, to 
provide and levy men, the direction and em- 
ployment given oy Layer to the witness, was, 
to take care to find out their lodgings, and to 
make lists of the men, of their names, and 
places of abode, that they might be ready upon 
notice. 

The prisoner not only emptoyed Plunkett to 
procure and enrol as many as he could get, 
oot gave him money for one particular person, 
one ChiM, who had served m the army, and 
who waa recommended to Laver bv Plunkett, 
as a person that had been diaobliged by having 
been turned out of the service ; Layer himaclf 
gave Plunkett half a guinea, for to give to this 
person, to engage bim in thia conspiracy, 
which Plunkett accordingly paid Child : Layer 
likewise ordered money at other timea to be 
given to Plunkett, and at one time particniarly 
acquainted him, that the prisoner had left a 
gumea with one Jefieries a non-juring parMn, 
to fjive to him, who had given Plonkett bat 
halt a guinea. 

The prisoner at the bar, to eoconnige P1ud« 
kett, acquainted him with the perMns wbeiH 
Layer expected to join in this oonspincy ; and . 
asked the witnesa hb opinkm of aeveval ; the 
witness will tell yon the nanaa of the ponaaef 
and what answers he gave ; pnctiealulyithaft 
Layer asked him what betboaghtor.tbiliiid 
North and Orej for aa.aao«.t».MaMW^ 




fof Nigh Treasan. 

%mAl Thmm^kJUtm tntwered, though h« h»d 
Mrred amler himt he luoked u(>oq \m 

1 DMeliiifl^s at s<;veral times^ nhea 

VMnl bitii, ih&i thiii^ were in m 

f-f«rw«tti5«if, though It wiij* nut yet a 

!*• i^iii ilictr «J(»ign III ex^^ulioti : but it 

\%eW. thnt it could iitit miiCarry ; 

. tbc r 'Mooud wjts lo cume waU a 

Eiih.^< antj (iHfte^rv ; an«i that the 

■ Ibad h«firt» liifecovercd to the French aiii- 

%vUo haii (riven iaidligeuoe thereuf 

Mjesiy, vr d«e the atfair h«<i Uteea done 

\ IHunkett wft« emp1(»ved, fmm time to 

» |X«(»*ce hft« of, auu to collect anil eti* 

penoos to go on with this deiiigD ; and 

ijp tt number of aetrjeanis, about 35« 

(rom the ftrmy, the |>ri^>nt!r 

Plankett to go imme«hately tti ihoti^ 

] take core to secMire them. 

iraitorouB cx-msults aod 
were in July and August : aod 
irill acquaiot you more j'ully with 
I ponicuiar«. There vraa one encou* 
{ f*hich the prisoner guve to this wit- 
wrn^ itiiicli he did not tuention to itie other : 
Itftiilil Flnsketi there would be an army of 
INiek to come over in aid of his majesty \ but 
\ ahouUI aee a Dumber of half- nay 
, «if»ociftlly tbofte of the name of Fitz* 
m ike sjJe of hiii king (the Pretender,) 
bH llMir CNMild not doubl of succeis. 
^mmmtm^ niKler iheite encourageunentsand 
, aod witia these rewards, buth these 
s» tbe two witne«^ea» were engajjed h^ 

^ lo enter into, and go on w iih, this 

tbf prisoner met ihenn a^»»rt from 
rtatime; they concerted and carriod on 
a oa they thought prDjj^r to exe- 
oie tkis dcaigii^ ufK>n the foot of the plan, 
en tueutiunedy and will be pro- 
I lit jon. 

w^ have produced the ichetne, and 

dmtuioed these two wknestte^, who 

I flee j«ii ai account ot the pm^^rt'oa which 

prWOtt' tnade in thiji treaaon ; we bhull 

etw oilier plain and erident pruof, whiih 

\ ieOMNMlnt* the Ireaaonable itiUrnt of the 

r •! Ike bar» and liit ho^^es of (tuccc^. 
W«i ekAll profe thai tiie prtaoner had been 
ti Hamii, aad by hia own cuofessiun, that he 
bi eMO Um Pret«uder, and had confcrenoea 

Mm^kuSk proife thai the priaoner bad blank 
pmmimmfj notea, or receipts \m tnoney* signed 
vili ite FrHetuier a «jwu hand, by the aaauioed 
lib «f Jamaa Ilex, founii iimongit Layer'a 
■lytn, lakiicli were remittal to him from 
MM^aml which he has 1 were 

telurer lo liim, for mitiM carry 

•ilbecAiaea irf the Fr<:tciiiH i i uis is ci sti-iMi*^ 
mkhmat <lC Uhi tnui mnA crctht reposed in liioi 
la dsoalt^ **"'' ^-'^^piracy; ihai the prntoucr 
bap(r%et4 ^uated; thf« rcct^iptx Kre m 

Uiw^ saMl ^'^ , :i»oner bod power to raii^e 
Mmtf 9m liianif Mid lo MX \k^m up wttb 



A. a 1722. [130 

aueh tnma, as he thought proper and necei- 

sary. 

Genilemenf on I he examination of oar wtt* 
neasea it will appear Uiat >1r. Layer declariHl 
be hid ex|iended i^reiit aurnsi of money in thia 
affair^ and that he has made it an e.^cuaie, » by 
he hitd tkvl money to iupply some demaiutay 
because he hud disbursed tio luucli. 

This therefore was lo be his fijll power to 
raiue money toward* bringing the Pretender to 
the throne. 

Besidea these receipts, he had furnished hinw 
self with lists of the othcers of the i^rmy, io 
order t>> know the nit nation and condition of the 
arnty,and to coivsider what adraiUa^e he could 
make by any of those in the tUt^ : he had pro- 
vided bunserf with lists of the otficers cd ittd 
Tower, which we apprehend was to render the 
design of sei2ing the Tower, wlten their fnenti 
the ofBcer was on the guards more probable and 
hopeful. 

Besides this, we ha?e letters which will be 
produced, that pa&aed bet w oca sir VVilliain 
Ellia, an adherent of the Pretender^^ at Rotne« 
and Mr. Layer, by the name of Fountaioe, (a 
name he went by) encouraging him to go on 
with this design : we ha^e the cypher, anti the 
explanation of the cant words uaed in those 
letters. In one letter £ili^ says, the best me- 
thod of carrying on tl*e manufactory (which ia 
the insurrection) is to get gooi] workmcu, (by 
which is meant sohiiers) and particularly to 
gain some of the ablest of Mrs. Barbara .Smith's, 
(by Mrs. Barbara Hmith is signified the army) 
and this wouhl be very agreeable to all con* 
cerned, particularly to Mr. Atkins (which by 
their cypher or key is a nanie for the Pre* 
teudett) 

And in another letter there is particular men- 
tion of Mr. Layer's iuteiided general; ) on will tind 
in the letter an explanation of him« tims ; that 
he, who tlip prisoner in his letter called Siiiioo8» 
and described asa teuanli though his name was 
not then found in the rental, this writer b*?- 
tievcd he should be called Simme$,and say^ he 
is of the Norti), a grey *h aired ancient uiaa, for 
whom his frieud has a particular esteem and 
value, as a very good tenant. This is the de- 
scription, and this is the cant that pass«d be« 
tweenthem; the eKplauation you will ii|»pre- 
hcnd, by the cyphers that were found amungsi 
the nrtsooer's paperi>. 

Mr. Layer was not wanting in oilier prepa* 
rations for this attempt; for he had jtrovided 
arms in his own house, more than he could 
have occasion for, as a private subjtxa; he had 
several mnskets and other fire-arinn; he had 
forty or filly cartridges, hHuled with bullets^ 
ready made up far m manv discharges, which 
might be delivered out to the ^reoplc who should 
come in to them : it he hud any use for KUcb a 
ijuantity he will «hew upon whatocciu«jtm. 

The discovery of \\\v tacts made hy the wit- 
oeasos occ^asioned the apprvheudiiig Mr. liay«r, 
in whose house these arma wera likewuMi 
seixed. 

Mr. Layer tf as to coosdous of his owo guUU 



I 
I 



4 

I 

ii 

i 



151] 



9 GEORGE I. 



Ttial ofChrutopher Layer, 



[152 



that aAer lie was apprehended, he made his 
<>8cape out of the custofly of the Diessenger io 
whose house he was placed ; he offered a great 
reward to watermen to carry him off: this is a 
demonstration of his guilt, Irom the con?iction 
of bis own conscience. 

Gentlemen, there are some other matters 
and papers which it will be proper to offer to 
your consideration ; and most of these parti- 
cular facts, which I have mentioned, or the 
most material of them, have been confirmed by 
Mr, Laser's own confession which he iiiaile 
upon his examination before the lords of the 
privy council. And when we have hiiil before 
3foo'this evidence, as according to my instruc- 
tions we shall very fully, I do not doubt but 
that yoo will do your duty as liouest men. 

Yfe do not apply to your zeal, as yon are 
Protestants and Lnglisbmen ; but upon the 
weight of the evidence, we shall appeal to yonr 
justice, to your oaths, and to your consciences, 
whether u|m>ii tlie whole pnx'if tii be laid before 
yoQ, ]^ou will not remain fully satisfied, that 
the prisoner at the bar is Guilty of the high- 
treason whereof he stands indicted, and then 
that you do find him so. 

Att, Gen, May it please your lordship, and 
you gentlemen of the jury, I am counsel on the 
same side for his majesty against the prisoner 
■t the bar, who s^nds radicted for high-treason, 
in compassing and imagining the death of the 
king. The preservation of Uic life of the king 
is of that great importance to the safety and 
|yro8perity of his subjects, that even imagina- 
tions and intentions (which are but aou of tiie 
heart) to take it away, manifested by overt-acts, 
are an offence of the highest nature which the 
law takes notice of; but as imaginations and 
intentions of men are secret, and cannot be dis- 
covered but by their actions, there inuift be 
proof of some fact done in order to carry such 
intentions into execution, to make the offenders 
ffuilty of treason : therefore in this indictment 
five several overt- acts are laid ; the first is, that 
the prisoner at the bar proposed, consulted and 
agrrad with divers persons unknown to the 
grand jury, to raise an insurrection and rebel- 
lion within this kingdom against his majesty ; 
the second, that he published a traitorous writ- 
ing, purportinijr an exhortation, encouragement 
and promise ot rewards, to persuade his roajes • 
t^'s faithful sulijects to take nn arras against 
faim ; the thinl, that he pmu«ise(i, consulte<l and 
agreed to set the Pretender on the throne by 
armed force; the fourth, that he listed men to 
levy war against the king ; and the fifth, that 
he proposed, consul led and n;rrfed t<» seize and 
imprison his majesty '» sarred |>fTM)n. 

Gentlemen ot the jury, y«ii ivill readily 
agrte with me thnt nothiiig can he inoredreail- 
ful to a true Hritfin m ho hath anv regard to 
hiinsc;l''or his posterity, or love to Lis country, 
than the fa*al conMei|Uenc«^ that must have 
inevitahly aitendeil such wicked designsy had 
they been carried intp executioa with sooOMix 
aupposearebeliioa bsdheio «iiy ttlirt, t>Hit. 



could any man have expected from a rebdlioa 
in the heart of the kingdom, but plaodcr aoi 
rapine and murder, a total suspeoBMi of all civ3 
n^h% and as long as the storm bad oontinaed, 
a just but terrible apprebensions of aooielluBlf 
vet worse to come : This would certainly have 
been the case, though the attempt shoubl hara 
been disappointed at last. But bad k beea a^ 
tended with success, had his UMJesty's sMni 
person been seized and ioiprisoiied, and hai 
the Pretender been placed on the throne, whit 
a scene of misery had opened ! A mild adan^ 
nistration, goveroe«l by the law of tbe^ lasHl 
under an excellent prince, and as just aad loar* 
ciful as ever wore the crown, must have given 
way to arbitrary power ; all vour estaln aoi 
properties must liave been at the will of a pro- 
voked and exasperated usurper; liberty ranst 
have given way to slavery, and the best of re- 
ligions to popish idolatry and superstitiott ; aad 
this, humanly speaking, without any prospect 
or hopes of relief: Nor would lliese dresilful 
calamities have been confined withinihe boundi 
of the king's doiuinious, for should the preaeot 
happy estaidishnient in his mnjesty and his 
royal family (the chief bulwark and support of 
the Protestant inUrest) be destroyed, the Fn* 
tetktant religion in general must be redooed to 
the lowest ebb, if not totallv extinguishod. 

This is the nature of the crime, and Ibaso 
some of the fstal consequences that most havo 
ensued, if the de^sigus charged upon tho pii- 
soner by the indictment had took eflect. Ml 
whether he is guilty of this great uffs 
is what you, gentlemen of the jury, i 
to try. 

My lord, it is my part to open the oatoiw of 
the evidence that we shall produce to provo the 
several overt- acts laid in the indictment ; and 
in stating it to your lordship and tho jury, I 
shall follow the course of time in which the 
facts were done, that the case may be more 
easily apprehended, and shall opni notlitrilg bol 
what 1 believe will be clearly verifietl by proof* 

I'his prisoner at the bar, though brou|(iit up 
to the profession of the law, and a pracCiser is 
it, went beyond sea in the vear 1790, aod at 
tlie close of that year, acconliiig to our stile, or 
the beginning of tho yesr 1731, arrived at 
Rome, H here the Pretender then was; while 
the prisoner was there, he piocured himself to 
Im* iotro<luceil to the Pretender, and had two pri* 
« ate conferences wiiii him, in which (but by- 
what niftliods or representation is best knowe 
to hiinseif){tis plain he ohtained the Pretender's 
gomi opinion so far, that he thought him a fit 
l»ersoii in whom a confidence for carrying oa 
any designs sgainst his majesty, and for setting 
himself on the throne, might be safely ra* 
\wieA : For this purpose a correspondeDOO %raa 
then settled between the prisoner and sone: 
persons of distinction about the Preteeder, and 
a cypher of names, of persons aod tbingi wa» 
agreed on, in order to carry this eo r r ci pond e nea- 
on. The prisoner retnned to Englandabeni- 
Jnlj mif liter whiih ha wril leilHi la M 



oat irtm thecic«, wbcretiy it « 



t will ftppear, tbftt 
eoQsidcrable piiit 
eftfT^rtiT^ on to bring the 
p9l0mdm m; mmI ftllbuunb lU^^e letters are in 
i^amaod cant lertnA, mod iictitiouii names, 
^ If Ikv iMlp of ibe c)^|iber, and from ttie 
wamm id iIms to Utw UimMlires, it irill easily 
underKtandiof^ for ivbat 
writ : Ttitfl cypber and 
|ifii9e to biife bt*en found 
Vte tMfiertf wbicb were mmteil 
t utm n i mi, and your lordsbip 
[Tilf lit jmy wiit tee, nbeu they come to be 
Mattel poiwiibfttiftoding the obscure terms, 
1^ i» aiysterioiti expraMiou* inaerted to 
teife ite eye of the remleri whev cooi pared 
•^ ^kmryyhtr tbey will be •oiuteUij^ble, that 
^tj wdi ht m. |>Him (%f ideate that a design was 
oo of raising a ^nerai rebeliiofi in 
^ Uie Prelender $ for which purfioaes a 
iflffwaa prepared, which we shall 




^ liAre YOar lordaliip and I lie fifentlomen of 
4fcr|0fy, ifiai WIS likewtte found aoioog the 
fOMer** fiapOT ; we shall prove it to be writ 
^bb^ewo hand, 

llr.8v>}«uil Peo^lv openrd the nitureof 
^•^ia« very folly, I flball not trooble your 
MiMfia Willi a rcf petition of ^vbat be sard ^ 
I AtfOCDC* to be read it wdl appear to be 





olMlitei §^ m |[%neral rhtm^, it will prove a 
ipsel liawgw to aeise the Tower » to seize 
fummB iw (teait itatioQa^ to seize the Bank, and 
tt^ at ImA Io aetZ47 the person Qi the king^ 
fo setae his royal highnesf the 
rof Wales. Thi% we apprebeud, will W 
f mimcG of the oxert-ocUi laid in (he 
, wmI WfU confirm the testimonies of 

\ m\Uth we shall prod ore, 
if* two witnesses we »ball call to 
m aeerl act* laid in the indictmeni, 
^tf kmwm already bcc-o mentioned to your 
lbHki|»| Mr. Mil fiiir-n T.vni h, and tcrjeant 
** ' '^ Plimt' 1 1 will prove the 

hctment to have 
aieil on«*r in the county 

tslier* unent was fuuod ; as 

» ttf ihe »tiu»e iijiliire committed 
i m the comity of Mtdille«frx> Hut as it 
tio fall dircvtly upou tbe proof of 
witboul liriit pniving' fuime other 
iMto^ w«y i»f iutn.^i ',nw the or- 

tMMHprbHween M :epnioner 

■ lilif beffaa, and hi'v wry came ti> be so 
» Loriit4!'r trilo a lieKitrn of thii nature, 
Will giva your lord>»)iip« »ml (be 
ai i that there had lieeu anjUHint' 
tliis Ml. Lynch ai^d one Dr, 
Nbrf^sf siflK or nine years ago ; that they 
r*'lK-llion which was 
'<i rei^n; aher 
r youo sea, and 
' d in Eng- 
uince con^ 
"c nut altered; 
, liey, Dr. Mur- 
ttr^n iTiftiiMMird U> your lord- 
fiUOO in tlitt outirt iind is not 





now to bf fontid, btit bad a great acquainianee 
with the prisoner at tbe bar) told liim be bad 
sometbing^ advanta^ous to commumcate tt» 
hi m, and ap|>uinted a meeting next morning at a 
coflce-honselu ( '(jrabiil, where ibey accord m^ly 
raet ; and Murpbey then advised Kim not to go 
out of Englarto, because be had an opportunity 
of making his fortune, tellings him there wt»UHl 
he a general rijiinff in favour uf the Pretender 
(whom be called king) aiul that it wjts carried 
oo bv gentlemen of note and credit ; and if h^ 
wonid accept of the KervicCf he would rp^oiii* 
mend him to one greaily concerned in that af- 
&ir ; Mr. Lynch, after cousideraliouf agreed to 
stay. — ^At\er several other meetings belweeii 
this Dr. Mur|)hey and Mr. Lynch » at which 
tlieir discourse generally turned upon this in- 
tended rising: about the bf ginning' of June, 
Dr, Mnrpbey tntrodaced Wr. Lynch to tlie 
prtaoner, as a person tit to be entrusted in the 
mtended enterprise; they went to the Grtfiii} 
tavern in Holbom ; !VTr. Layer there expressed 
tbe good opinion he had of Mr, Lynch upon 
the character he had received of him from so 
good a friend as this Dr. Rlurnhey. They soon 
entered u|»on bu!»iiies5^ and ttic prisoner, after 
having made a ri^ presentation of the uueasiness 
of tbe nation in genend, and of the tair op- 
portunity there was to bring about a revolution^ 
proposed to f^Ir. L^iich to setxe some general ; 
to which tbe witness agreed. After this they 
had several other meetings^ at which the din* 
course turneil upon the same subject of a ge- 
neral rising in order to set the Pretender on the 
throne, and at one of them the piisonvr de- 
clared he intended Lynch should %e}ze the earl 
of CJadogan, and that the scheuie was laid on a 
souikJ foundation, having a ^reat nisiu at tbe 
head of aflair8, who ^^ anted neither wit, couiuge 
nor rebohition, ai»d he would be backed by his 
friends. Several other proposrtionfei were made 
by the prisoner tending to the same end ; to all 
which Mr. Lynch a»^r«'ed, and ihey con>»ulteii 
how ihtry mi^ht put those thmgis in executiou. 
Id July last, Mr. Layer went into the country 
tbr fnurteeu or fiftern dayfi, and alWr his return 
in the beginning o» AogUMt, in pursuance of 
what the^ had ctinc«rrl^il| [VI r. L\ncb and he 
went to View the earl uf Cadogan*s house, to scflt 
hnw practicable that design of seizitig him at 
\ns hou&ti was. Mr. Lyneli thought it feasi- 
ble ; but he grew uneasy at delays, anil fre- 
fjiiently told the prisoner thai hi^ circumstances 
would not permit liiin to rnntioue here at bia 

own ex|»f^ : '' t retort* to eitcourage him to 

i»ia\, ftik'l tn the design, Mr, Layer 

gnvehiiii.^ iimsof money. 

My lord, upon the '24th (d* August last, tbo 
prisoner and Mr. L^ nch iigreetl to rideou> the 
next day to tsike the atr t on thi* 25th » accord- 
ing to appointment, (which hringH u^ no%v to 
the overt- acts in the county of K<sex) they 
rid out together ; the prisoner thought it proper 
to ride with armn, allegiug that he had things 
about hill) he ^«outd not lose for any thing m 
the worliL Upon the road he told Mr. Lynch 
they would go to lord North and Grey's^ 



I 



155] 9 GEORGE L 

with whom the prisoner bad the hoaour to be 
well acqimintecl, ami be woiilil present Mr. 
I'yncfa to my lortl as bis itarticular acquaint- 
Alice. 1 1 hAppened to l>e toti lata to get to lord 
North and Grey^s b^' d inner, whereupon they 
put in at the Green^AJan near Epping forest, 
whichi genttemtnt Uat La^^ too* St one in your 
county. Dinner not bein^ ready at their com - 
iug; thttbrr^ the^' entered into conversation on 
the former topics, and Mr. Lynch di^iriu)^ 
to give bim &ome in^sifirht into the scheme 
that was formed, the whole subjeci matter of 
Ihejr former c(insu1lation« and discourses were 
repeated about seizing lord CaiJog^u, seizini^ 
the minister* of atate, of g'eitJnf^ part u^ the 
army to declare for them, and for seizing the 
Itiug's person ; and tbeae thiniy^ were then 
agreed to by them. At this place it was, tbst 
the prisoner pullet) out of bis pocket, and 
abewed lo Mr, Lynch the traitorous writing 
laid in the indictment, >thicb was a declara>' 
lion to encourage a general ritiinof, writ, as the 
witness lielieres, ia the prisoner's ovru band ; 
ttod that part wliicb contained the pronusea of 
rewards lo be given to the soldiers and other 
persons to encourage Ibem to come into tbeir 
deiigns, was readby tbc witness; after whicli 
Mr. Layer took bis paper awny, and put it up 
10 ht« pocket again* My lord, wben they had 
dinedf they went on to lord North and Grey's 
bouse (whom your lordsbip will bear men- 
tioned by the evidence as tne person thought 
on to be general in this undertaking) ; they 
staid there that mj^hl^ and dined there next 
day, and afterwards they had a second meetiog 
at lord North and Greyed. Your lordiibip and 
the jury wiil be pleased lo observe, that this 
evidence will be a full and positive proof by 
t\uH witness, that the overt- acts by pubbsbiug 
ibis traitonms writing, encouraging persons 
to lake up arms against bis majesty, of ibe 
consultations and at^reeiDent to levy war, lo 
•ei tbe Pretender ou the throne, and to seize 
liis neiajesty's person, were done at the Green- 
MtDp in the county of Essex : and this will 
likewise be an evidence, that all the overt* acts 
laid in the indictment (except publishing tbe 
traitorous vtritiag) were done in the county of 
Middlesex. 

(Hy lord, tbe next witneKs we shall produce 
is Matthew Plunkett, formt'rly a seijeant in 
»ome regiment; be had been formerly ac- 
qnainteil with, and bad l»een serviceable (otbe 
prisoner, and was very well acquainted wiib 
one Jarnes Plunkett, which James Plunkett 
was a great acouaintance of tbe prisoner's. 
This James Plun Kelt desired tbe witness, Mat- 
thew Pbmkelt, to meet tbe prisoner in July 
last at tbe Italian cotfee- house in Unssel-court, 
which tbe witness could not comply with ; but 
the witness met the prisoner tbe Sunday fol* 
lowing in Ltncoln^s-mn- fields; they were to- 
gether near an hour, lh« prisoner gave bim 
an account ol* the intended general rising, and 
asked Ibe witness if be knew any otd serj crania 
m soldier !j who can discipline a mob, agreed 
with lum to procure ^udi^ meuLioufid to him 



Trial ofGhmi&phw Lot/er^ [ 1 50 

several persons fit to Lie al tbc bead of ibbi 
eolerprize ; and in ord*'r to make bim ditig<*ai, 
be gave bim at that time half a crown : iia«| 
money was not only given bim at that time, 
but a promise was made io him of lurtbor re* 
ivards. The prisoner having ocCDHiim ti* ^o 
in the country, one Jiffi eys» a no«iiini*|£ vimr* 
gyuian, was sent to Matthew i'ltinkt-tt by 
Layer (and ibis fact tbai I am going to op«;« 
must not be iMirely coiisidered as an a^H tie« 
tweeu Jeffreys and Plunkett, but it wiU b« 
brought directly home to tbe aut of Layer 
bimseill) Jeffreys lold Plttnkelt hi» cam« 
from tbe prisoner, and that be was eoipJoye^ 
by him to go to such as the wittiess vmIl, wb^ 
were old seijeanis, to get a ntiinber of ikeoi In* 
getber to dbctpUoe the mob, in order to tbe ge» 
neral rising: the next day they met again, 
and hail (he bke discourse, and Jefii'eys gait 
Matthew Plunkett half a guinea; and what 
brings tliis borne to the prisoner, is, Uiat btti 
told Plunkett he had left a guinea with I ha 
nonjuring parson to give him, and talkeil witli 
him on the same subject that Jetfreys had dia« 
coursed tbe witness bdbrfl. But iu tact Jcf* 
freys dtd not give Plunkett the guinea, bec^ve 
him but half a guinea. 

My lord, atler Mr* Layer went out of towti,< 
Pliinkpit gave bim an account what progrcas 
he had made in theatfair. Plunkett told hi«ii 
that be bad got several old soldiers that woulil 
bear a part in this business : the prisoner atid 
he must take care lo keep a list of ibeir nam«t»4 
and tbe places where they bved, that the/ 
might be in a readiness when they fihoulil 
have occasion for them. And on KJunday Ixffort 
tlie prisoner was lakeii up, be told lUJi 
Plunfceit that a great many of bis countrymiatL 
were turned out of the guards, and aj»ked him, 
if he knew where tbey lo^lp^ed ; and upon ih^i 
witnesit'ti answer ihal be ditl not, the prisoner 
directed bim to take a list of their namen, and 
places where tbey lodged, that he might hate 
them when occasion required, 8o lliut iim 
is Mr Lynch a p4>sitive witness as to tbe ov«f«* 
acts iu Essex; Mr. Lynch and Mr. Pbiu[ 
(losilive as to the overt- sets in Middlesex^ 
tbeir testimony confirmed by the scf 
under tbe prisoner's own hand, and 

iiapers, which we shall produce, found ai 
lis papers wbi^^b will leave no room to 
of the truth of their evidence* Besides, ray 
lord, tbe prisoner boing seized in Heptembef 
last, we shall give an account when he waa itt 
custody of a messenger, locked up in a rooia 
two pair of stairs bit^^b, be made a shift to niika 
bis escape, got to the water- side» and goi m 
scuUer to carry htcD over the river ; he aolii* 
ally got over tbe river, but be was relaktia 
again in 8t. George' ■> fields, and brought back 
to tbe messenger, and offereil very considerable 
sums to tbe persons who retook hiro to let hinr 
go. I believe it is hardly to be imagined, a 
person perfectly innocent would venture lo uei 
out of a room two story bi^h, and in the 
manner he did, and offer to give such a retrard' 
la the persgu9 whg retook litm to ki bun g«i 



rOv«f«. 

Inukii^ 

M 

kdoaBn 



«fvb» 






fm High Trcmm, 

b^eomeSoas to liimacirthat he 
T^iit ilAHifpr. There were like- 
in bis hfiuiic arms more tliau n^< 
fbr bis iiB€, mod which he has con- 
MPTO lo lie uted d' thero had been a 



iljicfrf, to ccirrotiorftre the IcgUmony of tlie 
•ita««s, we »!i-" '-^ hefore yaur lunUhip 
■ii ill* ffratlcv hf* j'^^'y* *''^ fie?eral 

S«4ieli Wk,^ . ,;i,;.3, I mAv s»y, i» Mr, 
i«Mciclv; I lion't stiy tfiey were ac* 
Ako »fi Itiri < u'UmIv. ImiI it will come to 
ll*««»ili livtTctl them in 

iM^nl' I ' wiiiiesfl* whom 

•9 tAflil ^rtMiiicet with ittrcetions that she 
ibM4 rnkm |wrlieiikr care u1 tfiem ; and they 
^tmmkm^ to li€r eii«tody not lon^ after the 
favw Wfltft cofticnilted to the eu^torly oi' a 
#b« WW drcry one of them inarkcsii 
itttio dei'/cd them, and marked 
41' : ilierr' une not noly the scheme 
iatli»cjpben And letters mentioned before, 
pfomi««iry notes subscribed by 
thene prominsory notes run, 
mmleA^ to have received from 
tbe nm of irljjch sum 

(o r«|»ay with an interest for it at 
I of fierann* James il/ 

^y 10911 imtf^ftef if there was nothinir 
e^plftin tbem» that these notes were 
IT iiO<li(f)^? Every body roust believe 
ry wiPwr ttit4*nderl to be made use of to 
jtiiy 4o tl»« coiit|itr«kry ; hut we tth all shew, 
r-t own coiife«siioD, ihnt they 
' to him by sir Williiim HUii, in 
lie iiMiie use of as occasion s lion Id 
, 40 l»f«ilWili^ these designs tn i'avour of the 
AfiKMig these papers several lists 
^mf-^shMmd whidi will be |ire>iluceiK some of 
aiMdi amfeain th^ tttiinber of the othcers anil 
#<betfc t i fr< in the ^anlk^ some the names 
^srtiiff •iSccrx and soldiera^ and son^e the 
iHifaKr fif ttic officsem belonfpng to lii« Tower, 
b»«l Iw untoedi that in tome of those lists, 
A«v mn iki* nainfii of seferal fiersona of as 
r, loyaHy, aod fidelity to bis ma- 
ft aa any anl^^ecta his maj^ty hath ; yet 
itiaae lists could be for itothmg' 
t an infoniiattori tif th*' iinml)cr imd 
• iif the pimrins in bi^ mujesty'ii ser- 
iiM atmgih of his itiajssty^a l 
miffht be (ziveti and 
'T-' tind that ihrre 
AH iheif coidd 
"i«<» the Pre- 
'f pot any 
- tlieaie li^ia 
Hj. hr Will have an op|mrtunity to 
' tlimjT* ^'*''"^'^ provj-d, I appi'ehend 
' prisoner 
' ittU It.' cliari^i'd 

Jiia ttiidiiameiil , but U^kiiile^ all tfiis, 
ne Ilia l90Bf«sati>n by two witnefiRes, 
tkm% on4lfr*«»inl i virv ovi r» 
, the BC-voml Ir^ins^K i: 
" ' ' nili i^ve ftCK^oiiiii oi, 
I I bite matitioticd 




m fintwri! 



A. D. 17'i^ [168 

/ before. I shall conolude ^ilh tbts^ fi^nUemeii 
of the jury* that H* we make out these facia 
as they have been opened, and according to 
my instructions, 1 have no reason to mske tlie 
least question of it, il must l>e left to your con- 
sideration whether the prisoner at the bar is 
Sfuilty of the offence for which he •rtandu in- 
dicted or not: if you shall be satisfied by the 
eridence that be is» I do not doubt bnt you will 
do justice (which is all that is de&ired m you)« 
and find a verdict for the kin^. 

SoL Got, if your lontship pleases, we will 
DOW proceed to examine n itnesj>ea ; and we 
desire that room mny be moile for the wit* 
nt/^^en to ooine itito court. Call Mr. Sleplioa 
Lynch. 

L. C\ X You tnust make way there. 

Frisoner, My tord^ I humbly desire before 
this witness he sworn, that he may be eAauiined 
upon a Voyer dire, whether he bulb not s 
promise of pardon, or some other reward for 
swearing against meP 

L» C, J. Sir, you cannot ask him that 
question. 

Mr, Hungerford. I hope we shall be at li- 
berty, and hove a right to enter into an examt-' 
nation of this matter* If a mnu is represented 
to be in the same circumstancen with the pri- 
soner, and the prisoner led into the same ctr- 
ciimstanoes by the [terson proposed an a wit- 
ness, and at\erwards by him involved ia the 
Bome offence ; if the person therefore proposed 
a>i a witness, hath a (iromise of pardon or aome 
reward, upon condition that he would swear 
ai^aiust the prisoner, he cannot by law be a 
g^od witness; the perf»on proposed as a wit- 
ness must be a credible wituei^, must be a 
leg-al witness, must not be convicted of perjury 
or any other tiotoriou<$ ofleuce, a free witness 
that is not under restraint for the offence bs 
accuses another of ; and tlierelbre we hope we 
have a right uf asking- whether he acts under 
the influence of any promise of reward, or lb« 
promise of a pardon : and the right we have 
of examiningr bim to the promisee ot a reward 
or pardon, is supported by the authority of my 
lord chief justice Hale* asireporteil by kcdvni^. 

Mr, Keitlhey, My lord, i would not lake up 
your lofdshtp*s time, and sulimit the wcii^ht 
of what i>lr, Hungerford has offered to your 
consideration; hut we found our rij^htofask- 
iiif^ this ijuesiion upon my lord rhief justice 
Hale's express declaration, set forth at lafffe iu 
Kelyn^e^s Reports, foh 18, which I have here 
in my hand. I must likewise beg: leave lo ob- 
sert-e to your lordship, that thi:^ f|uestion was 
formerly asked in the trial of fi^irdon and l>or- 
relt to one Adams, that Inid been in the aaine 
conspiracy witli those tliat were brougfit to 
trial for biKh treason, and was then produced as 
a witness against thetu ; the bfiok waa thes 
broujEfht into court, and the qaoiaiioa rend he- 
fore your lordahip, and ac^^ordiog: to my notes 
of that trial, which I have heiT brou|(iil with 
me for my jUKtitteatioo, ( I submit to your brd* 

* liale'i Hist. 1». V. U. % cap. %7. 



159] 9 GEORGE I. 

fbip'f oorrrctkm if I rfo not state it n^t,) 
Adams was asked tbat que^tMrn, tho«i|^ it was 
Bon^ otj^cted Id by the kingr'^ coonwl. The 
distioctHMi ofiT lonl cbiet' joitioe Hale made 
was this — 

Jnst. Eyrt, Read the whole pafW^I^- 

Mr. KeUlbtit. 1 iiill, my bird. The nordA 
arethese : ^ It was rei(dT«-'d that some of those 
equally cul|»abie with the rest, mav 
de use of as witnesses a^nst iheir 
fellows, and they are lawful accusers or wit - 
p(*«ses « ithia the statute 1 Ed. 6. 19, 6 and 6 ' 
Kd. 6, c. 11. and 1 Mar. 1, aaud accoidinsrly 
a: the trial of these men, some of them who I 
wtre *»artics in the treason were made use of | 
A^io«t the rest : for lawful witnesses within ! 
tiiosc^ sututes are such as the law allon efh ; 
unri the law alluweth every onetobea wi'ness, 
ubo is not conricteil or made infamous for 
some crime ; and if it were nut so all treasons 
would he tsafe, anH it would he im|i0ssible for 
one who conspires with neier ro many persons 
to make a discovery to any pur^Mise."' 

I was aware of what was ht-re laid down, 
therefore did submit Mr. Huugerford's reason 
to your brdship's consideraiinn, and did not in- 
sist farther u|ion it ; the subM>queot words are 
these. " But the lord chief baron Hale said, 
that if one of tlie»e culpable persons be pro- 
mised his pardon on coniliiion to ijpre eridenoe 
against the rest, that disableth him to be a wit- 
ness aflrtin«t the others, because he is bribed by 
savini; his life to be a witness : so tbat be makes 
a difference where the promise of pardon is to 
him for disdosinif the treason, and where it is 
forg^irineoferidence. But some of the other 
judges did not think the promise of pardon, if 
he gfare evidence, did disable him. But they 
all advise«l that no such promise should l»e 
msfle, or any tbreatnings used to them is case 
they dill not g^re full evidence." 

fSo that, my lord, we have not ool v the au- 
thorhy of that book with us, hut a solemn pre- 
cedent in this court in point established npon a 
lonf( debate, and iprounded on tliat very autho- 
rity. And when I moved this matter at the 
trial of Divrrell, Gordon and Ker, I then cited 
another instance w here it had been allowed by 
the Court, and that was before Mr. Justice 
Powell at Worcester assizes, upon the trial of 
Palmer and Hymunds for the murder of Mrs. 
Palmer : there a third penon concerned in the 
fact came in as a witness against the other two, 
and alter it had been ar^pied by coonsel, and 
that leameil judge had read upon the bench, 
and considered thi< authority, the witness was 
at last asked this qiie^tion upon a * voyer dire:' 
and for the truth of tins case as I n^jMirted it, I 
ap|>ealed to my lonl Lechmere, then attorney 
general, and h Iio had been one of the counsel 
at Palmer's trial. 

8erj. Fengelfy, My lord, we hope if there is 
any room fur this pretence which is insinuated, 
it only goes as t» his credit, and d«ies not dis- 
able him from being a witness ; the authoritiea 
produced are no more: the judgca directed 
that no suck promise should kr mde, bat if 



Triml qfChmiapher Layer^ 



[leir 

itdMk 



H-M 



r.«ak» 



such a promise was made, they 

not dinsUe him from being n* 

tneutioned by my lord chief ' 
i not bke moniey given, wkich in 
* ni|ition ; the promise of parddo ii n 
j luntary in itself: who is the pi 

made by ? Is it in the power m 
. but his majesty lo perform it? IftkiilaiMV 
- thing in tlie suppositioo, it is BOt pnpvlsaik 

in rklation to it upon a * rmytr 4i 

the witiien from being awora to giwvcntasi; 
' but w hen he hath been sworn, if tbij 

I lo a«k t!ie question, they may. 

Ail, Ce». The askii^ tlie 



tion, as it is irregular, so if it wm& aooprrrd m 
the affirmative, woaki be of no ^frriee t» tka 
prisoner ; for. With submigifiaii^ ii wS nn db* < 
able Mr. Lynch froiu being a wftta«M, fiscrf 
man is hound injustice tt iriv« ef iiletiiaa t( vk 
quired, and a promise Ia have a p«rdoB ilka 
gives evidence i^iait the |m«owGr, caa bo^ 
looked on only to induce bi« l» 4» thai wbkk 
by law lie ought V* M aceonrKng' ti ll»» tfuib: ^ 
it does not import tb&i be was to gite a wnaig ' 
or a fabe evidencp ; »ueh a *^iipttiasi ka en* ^ 
not be oldiged to answer. And ifeemaMI^ 
use the prisoner coutd make of ikifi, WmtM*. 
promise was made lo ibe witneaa (wbidi it ^ 
not admittpd) wottSd be ouly agaitmt the cndii 
of the witness, but out enitrdy take wf kaii^ 
timony ; his credit, as i»dl s?^ tlie crrdii tit" 
witnesses, must lie l^'it lu the ctnusUlervl^ 
tkejiu-v. As to the opinioi) ol' fuy knd rb 
baron Hole cited aat of Kdyo^e, tb^ otliie« 
judges differed wiih bjtn, siid ihei«iof« #^ 
bo|ie Mr. Lynch shsJl be Bwom. 

Sol. Gem, We who are coonsd fot tb« 
do not oppoae tke asking thti questjofi« oni ^ 
any apprekcnaioo thui the j^dsmct wmM 
out against us, but tor iear of orcrti 
point that hath been hn^ ^tllcd. Am ta 
book, wkick the^e gentiemeii cite tc» fu| 



1 



their di ja nl i on, with submistkio, it is j^ihi^' g 
autkority to over- rule it^ Tbe opiutaii EAaJ 
found tkeBoaelvfls upoa» isthAt of my lofil ^ ' 
baron Hale ; bvt the t&% of the judg^ **< 

r'nkw apunat him; so tiiat we app« 
antbont? m witli ira, and likewise tb^ m 
son of the tnmg. I take it tlist do 
to be asked a man upon a ' voyer dirr/ 
fact that wnaM take off h is testimony, 
then, fiir argnmcut <vake, tbtii ibeTe^w^&s «. \ 
miae of paidon made to a luau upoo c^^«m1 
that he akouM ^ive evide&ce*^ I a^^^rdl 
that would not difi^ble hiui from betim^^ ml 
ness, any more thiui if the cond>ti(^ V^«4J 
that ke akonki declare the trut)i« irhi 
his duty to have do&e, although do ' 
mise had been made : ainl siirefy tln.^ 
of a nardon, upon a cooditiop to do 
was his duty before, wiU not talce of 
mony. If they would mk ihc wiiu« 
be baa acoe|itcd a prooibe ofoL Ck7^ir«V 
condition to give fk\%€ testimcmjr, Xm m ^^i^^ \»i 
tmn, to whim, with great iubint!Ka% ^^mt^ W 
bound to anawer; beeuase tbiii. ^^^ch^ 
•wmekua tt ai:cuse blmsiejrp f m^ -^laia| 




161] for High Treason. 

If wmhmfkt For these r^asous, as ncll a& 
«p» aecomit of the authority th€^ produce, 
«t typebenil there is oo force in the objec- 
ted. 

8b|. C4««Atre, M? lord, I know not whe- 
Acr it vfMild oot be laying too great a weight 
Wfm tie nlijcMrtioiiy for so mony uf the king's 
^ In ftosw er it ; for my part I thiok it 




lltf Mnmgtrford. f urge it thus fur t what- 
Ifvrsofi is produced in a court of justice 
I he must appear to he utterly uu> 
hi point of interest i si the consetpieuce 
Jf a man produced as an evidence 
lite debt ti{Kiu the defenibnt, !»liuM« 
exjiniiued upon a ^ ? oyer dire,' ihs* 
Ikat be IS to have a part of the i uimey re- 
st oet such a person disaiileil from t>e- 
m^% Wititesji at a]J? An^ ib not a promise of 
Itflnto the witness^ in ca^e hti couvicts the 
c^bmI, a g-reater bi^s than the witness'^ hav- 
9ffmi of the tnoney recovered P In a civil 
ttaedbe questioo is not, if bether the wittiess 
hwmpm, to ««rear a truth or fulshood f but 
iMttr the «^itne&s doth oot sip[>€Ar to h^ so 
HirsDOoereecl in interest, that he ou^bt not to 
bfnintned at all I And thrrelbre 1 humbly 
^Mtthat i(fe ou^ht to have an account^ wbc- 
ftffilie witness, Lynch, bath the promise ufa 
■vAqo* or any revrard tor that which he is to 
Is lere, viz. fur the evidence ke i$ to give 
4|tt&ft ibe urUoner? As Ui the consequence of 
Mh V, it is iudiflfereDt to me whe- 

ther it lule him from being' a witness 

_ tlsaHtii^y, or go to bis credit only : for if it 
^LfbooM Guote out that he liuth sucti a ]>romise, 
Aijisoppose CIO jury or man tivin^ mIII hclievc 
^Hfa^ an^l that ifl much the saiue as if he wei^ 
V%l ffrodoLM " ^ .'h it seems mure at^rt^cahle 

r tP tiie |*r< i \ \\ cases, that he should 

I aat U ' 1^ 1 tutne5S dt alb 

' Ml . 31 r. Solicitor mistakes the 

varda* w. ^^.v ^iiuk as 1 read them ; he is pleas- 
fd Id understand ihem as if all the rest of the 
dvfTered in optuinn from my brd cliicf 
Hale ; hut the book does not say so^ it Is 
mtAy that same of the other juilij^es wereof opi- 
wmm tUnt it did oot disable tiim, but all agreed 
llbaiii «veht to bis creiiil, and tliat was ult I 
re»4 IB li»e book \ and I wdulil not have oHered 
Uptb^wbe than as it was truly there, upon 
iBj coBfidrintioo wfiatsoever; hut t^betber 

«i|iiestiott be asked at Hrst or lait, so as we 
■p aitswf-r to It, I am contented. 
pp. J. Yoti see the most you can make 
t ^' ' ' i^ an objection to his credit; and 
b credit^ rnun lie ttot ite M^vorD^ 

Ki, i^.vv... iett to the jury? lie must be 
" as a te^al wrtnexs ; but if this man, 
r expectation and promise of a piirdon, 
rt here tti sv^earthat which is not true, 
yoii would a«k bitu to that, be is not 
to asisii'er it. Nobody is in discredit 
, l^iltahtays lo be lakpu U\ lit" innocent 
ottierv»He. It is expresset) that 
lie of pardon : what to di» ? To 
y^ev. Gittt fvidctiee! Why should 



A.D. 1722- [162 

he not? Ts be oot obliged to it ? Suppose ha 
gives evidenoe sccordioi^ to the truth, be would 
be entitled as much to bis pardon, as if he gate 
evidence of that which is not true. The most 
you can say, is, be has a promise of pardon if 
he gi%es evidence ; and can you conclude frona 
thence that he can give no evidence except a 
false evidence? If they who aj»k the question 
insinuate any thing like that, it ought not to 
have an answer : but if he bath a promise of 
pardon if he gives a true evidence, it is no ob- 
jection to bis being a witness, or to bis credit. 

Prisoner, My Jord, I humbly hope our ob- 
jections will thus far prevail, and that we shall 
come at the fact. 

L. C. J. When he is sworn you shall ask 
him whut questiont* you please. 

Just. -Eyre. The objection which pves oc* 
casion to insist upon this question, aijs«?s from 
the iuBuence which the hopts of |jnrdon may 
possibly liavc up<»o the witness ; and if ttii* l>a 
a reason ibr setting aside a witness as incapa- 
ble, no accotnplice w ho disL'overs a conspiracy 
can ever be allowed to prove it upon oatii ; fur 
I believe, no man ever yet made a iltscovery 
but with the hopes of pardou ; and a govern- 
ment Is obliged in honour to f»rant it, whcra 
the confession appears to be ingetmous and sin- 
cere: and therefore if the hope or prospect of 
pardon, which is all that can be inferred from a 
promise, should be an objection to the compe- 
tency of a witness, no government would ba 
safe ; for treasonable conspiracies might ba 
formed and corriiHl on with impunity, when tha 
persons concerned^ from whom alone a full dis- 
covery can be bad, are utterly incapable of 
proving the fact, thouy^h they give all possible 
marks of their sincerity and truth. They have 
1 hercfore been always allowed to be witnesses ; 
and 1 do not remember that ever any objection 
tvas made to their competency, till the case of 
the king and Gmdoo, when the cxiunstl tor the 
prisoner would have asked the same question 
which is now proposed, but the Couil did nut 
think it proper before the wituess was sworu ^ 
for no person produced as a witness can he exa- 
mined to any mutter which only alfects his 
credit, and is no objection to his competency, 
till after he is sworn to give evidence, and has 
been examined. 

Just. Ftttpyjr. Mr, Huogerford would do \\q\\ 
to remember the several acts of [mrliament 
made to give encouragement, by a reward of 
40/, for the apprehending and convicting uf 
every fabe coiner, bigbwayman and house- 
breaker; and if a criminal in those oftenccH 
shall come in, and discover and convict t^vo of 
his accomplices, he shall he entitled to a par- 
ti on ; and by the express words of tiie 6th of 
queen Anne,* shall have the re^vard of 40/, fur 
each housebreaker, and i^haU nlso himself he 
entitled to a pardon ; so that t!te pail lament 
tbon^rht it pi*oper to give even money as we \ 
as a4isrdon to such discoverer. \cl, ever sinri* 
the making of those acts, tiie persons so prt»- 
miseil and encouraged, have upon thiise trials 
been atlmitted as good witnesses even before a 

31 



i 



lOaj i> GEORGE L 

p»Tilon« And indeed tbere can not \te too pprent 
eocouragfe merit g^i^eii to criminals tn become 
faooettt^ And to conie in ami impeach tiitir sc- 
of>m|ilices, it being* often iiniiofisible fully to disi^ 
cover those «ecret confederucic^, but by tome 
ofthi! accompiioes and actors ttierein. 

Tiie laiv thinks these are fit witaesaea, and 
yuu will find it in the book that Mr, l£etelb«y 
bath mentioai^d, that they were thought At to 
make diftcoveries of those secret uombioations ; 
1 do not Kay ti» come in and give iaiae evidence, 
but to muke a fair discovery. 

Mr. Ilitnticrfoi'd, My lord, we submit ; we 
ibatl ask tbe question, whether he hath any 
f licb promise made ? Let the truth come out, 
and we shatn>e sati^jfied. 

Just, Forlcicue Aland. I was counsel in the 
case of the king* and Gordon ; and I very well 
remember the counsel of the other side insisted 
the witness! produced should be aaked this 

Juestiou on a ^ voyer dim,* liis name wan 
layer* The reason the Court gave tliat it 
was im|iropei' to ask this question on a * v oyer 
#re/ was, that if he had this premise, such 

Iftromiae was maib eitht?r to speak the truUi» or 

^to speak a faLhood ; if it were to give a jufit 
and true evidence, there was do harm in ^i; and 
tf it was a promise of (lardon for speakinsf that 
which was not true, tlie witix'ss vi as not bound 
to answer that question, and consequently it 

L^an be of IK) use whatsoever; tberelbrethe 

[witness mutt be sworn* 

Mr; Stephen XyncA sworu. 

Sol, Gen. Do you know the prisoner at the 

|larf — l^nch, Y'i* 

SoL Oen, How bug* have you known blm ? 
Lynch, I lirst knew him about the month uf 
June last, 

SoL Gen* Pray, give an acx;oant to the Court 
and Jury by what means you first became ao- 

; i^ualnted with him. 

I Lynch, I became acquaiuti*d with Eiim by 
I>r. Murphey : about the month of Ajiril last I 

^came into England from Flaudei-s ; at my ar- 

I rival iu England 1 met with Dr. 4Murphey, that 

[ iras my a cquaintu nee several yeans before, wbo 
tiiet me, and told me, he had some particular 
business to tell me, and desired me to meet him 
at Cooper's coffee-house in Cornhill, where I 
met him ; and he told me that material things 
Were actings in the kingpdom in order to arising*, 
and if i wonid be of the party, be would recom- 

1 mend me to a g-entlemaii that had the manage- 
ment of it : I BEked time to consider it ; and in 

I twf> or three days time I told him that 1 was 
ipcsolved to be of the party. 1 frequently told 
him 1 was imftatieot to know who the pfentle- 
man was tlmt 1 was to be rtrommendetl to ; 
alK)Ut the muuih of Juoehetoldme 1 should 
|ro with him to his loilgiti^s, which were at the 
tipper end nf Chauoery-liuie, right over against 
the White Hart. 

Soi, Gen, Whose lodgings did you go tof 
Lynch. The lodifingH <»f Mr. Layer: Mr. 
Layer was at home, and d^-stred us to go to the 
Cfntlia tavero in iiolUini, and be would meet 



Trial of Christopher Layer^ 



tlM 



us there ; we went, and in a little while Mr. 
Layer came to us ; and ihen Dr. Murpbev told 
him that 1 h as the gentleman he had apoVe ta 
him of Mr. Layer was glad of my acquaint* 
anoe, and told me that he had such a stroog 
recommendation of me, that he was fully ntia* 
fied in me ; and then he held a discourse abooi 
a rising that was to be in the kiugdom in ik« 
TOur o? the Pretender, and that it would be 
backed by a great many of the array and the 
guards, and several other gentletnen. 

Mr. Hutigerford, The overt act is laid in 
Essex, and here is an evidence given of an 
overt act in Middlesex ; with submi^aion^ iiiej^ 
can give no evidence of an overt act in iaotb«r 
coujjty, till they give evidence of an ofert act 
in Essex, where the indictment is laid. 

L. C, J* All they say of matters in the eooA* 
ty of Middlesex, unless they give evideooe of 
an overt act in th« county oV Essex, it stfntfica 
nothing.* 

ftlr. Bungerford. My lord, with submission, 
they ought not to he su^ered to give evidence 
of an overt act in Middlesex, before tbey giva 
evidence of some overt act in Essex ; tor iba 
pi-oving some overt set in Essex is ilia onlj 
thing which can entitle thpm to prove any oi«ri 
act elsewhere. For by the method tbey wwtiM 
go on in, the jury may be captiviited wtih a 
fctory of the Gitlhn tavern, and of Mr. L\ver*s 
other assii^nstions and actions in Mid<II'.s>.*x, 
which cannot be imputed to bim upoa tlii^ in- 
dictment until some treason be proved in Et* 
sex : 1 hope therefore the king's counsel shall 
receive your lordship's directions to go on r«- 
gularly, to liegin to give an account of tha 
oveit actii in Essex, before tbey go into aao* 
ther county. 

L. C. J/ Mr. Ilungerford, you must gita 
them leave to go on in their own method, of 
thtit that first happened in Middlesex, and ailMv 
wards of what biippened in Essex ; ami if yoa 
dare not trust them and us, but will have yo«tr 
own method, it would be to put ua into ooa« 
fusion, 

SitL Gen. My lord, we insist upon it lu |»otAt 
of law> that we are entitled to give evidence of 
overt-acts of the same species of treason laid it 
the indictment, though done in any county iy 
England, providtd we also prove an overt-act 
in the county of Essex ; which we must do, 
otherwise tliis will pass for uottiing. Mr. 
Lynch, go on, and give my lord ami the jury 
au account of what Mr. Layer said, when yoa 
were togelher at the Griffin tavern. 

Lynch, The (irst thing he totd me wtfi 
that he was very glad to meet me, that he bad 
bad a good recommendation of me fr/*m t^r 
Murphey^ as lieing a man he could con; 
and beginning his discourse of an iiisnr; .l..j„ 
iu the king-doro, he tolil roe, that they war* 
backed with a great many of the army and tlia 
guards ; that there was a great many of tha 
nobility and geutry of the eountrv that would 
come in to them ; be told me then, that bt 

^ Bee East's Fl. Cr. oh. S,t. 61. 




Jhf High Treason, 

of tftolutioQ UiAt would take 
Wftm Ikim tli4^ ft^izing; of i^ojne person of oatet 
temgtttcrilf <ir «ome otijef great man. The 
^niarii ntn m\\ ufmn tbe same thln^. 

BU^ Gt^ R^cxittet't as welt as ^ou caD» tHe 
Air* La^er told you relating to iliit 

Hm told ooe llie general design of a 

ill \\w kiner'totn, to favour of the 

and that tbi^y were backed by a 

ly of the army, and a ^rreat many of 

r and gentry ; and then be told me 

m matt of resolution, lo undertake, 

Blbers^ to seize a great maof as a 

other great man : at that tiu>e 

m jielf to do it ; so that time we 




t,ihm* How long were you together? 

About half an hour. 
. GtA. Wh«Q had you the next meetiog ? 
^ feri. A clay or two tlter^^ards, 
fi frtffi. At what plane ? 
J^mrh^ At ilie same tavern, the Griffin ta- 
f came there, I tent a boy lor Mr, 
had ordered uie to do when 1 
.n fiim* 

W heti was your ftr«tt meetiog ? 
About tbe month of June. 
And the necoud meeting was two 
' day* after the first? 
LfmeA- Vev, m^ lord. 
IEhj. CiUMhirt. At your parting after the 
iiat aie«li<i|f, what did Mr l^yer say to you T 
Lymtk Mr. l^yer told ine, if I bad oc- 
^mmm tm aseak to hiin that I should not come 



•t but to go to a tarero and send 
te yiw, wind} I ilid ; I aetit a boy for him, and 
^c^mm %m me. Then talking over a glass of 
WW, be lalii me that he had pitch ei I upon tne 
ifiw the eari of CadogaUt and that J should 
loMAijr Mraoni as I thought fit who 
mimm the tatnc deaign ; and he being 
pfivdfial man in tlie array, it would dia- 
> tiie king's party, and animate the Pre- 
fmfUty i which« as 1 said before, I agreed 
and to do the utmoat of my en- 
iloioit. 

ftr^. PmmUy, Waa yon to do it alone^ or 
mm y»« to have any aaaislance f 
tfwtk, Yta, 1 waa to have aaabtance. 
hm^. Frn^rlhf WhatasaiataAcef 
Ifmrk- ^ I at I thould ebuie ; inch 

fMlftlnit mfidein. 

mL Gevf. Uiii vou undertake itP 
ImfA. Ym, I did undertake it, tod to 
pJMk afoa audi prraoof aa ahould be projier lo 
iMaaai* in fl« 

i Ctn^ Waa ioy thing aaid al that time 
any |wr»on who waa to have the 
i of iW d#«i^ f 

Ht* told me that there wa» some 

\ anew that ihd not want wit, courage or 

ajul was at thi* head of this affair, 

I al a proper time give me an order 

v^ran Mfnrthiog further about it, 

fcl, Gra> U ^cl y n u ii n y more diacourae with 
4a fciiMas about thti atfair f 



A. D. 1799. ri6S 

XyncA. Yet, we had several discourses 
about it 

Alt. Gen, Tell my lord and the jury what 
more discourse you had, if you can remember. 
Lynch, The chief part 1 waa to act waa to 
seiiee the earl of Cadogan« with such gentle- 
mcfu as 1 should think proper to answer tbe end 
ofseiEtng him. 

Herj. Cheshire. Was there any other meet* 
iog« and when, and how lotig after? 

Lynch, After that 1 came to a tavern ia 
Hfdborn. 
Strj. Cheshire. How lon^ after ? 
Lf/nch, ikime few days ; it was at the Cai* 
tie tavern in Llolbom. 
A it. Gen, Who was with you at the tavern ? 
Lynch* I came to tbe tavern and sent for 
Mr. Layer. 
Alt. Gen. Did he come to you P 
Lynch. Yea^ he came to me. 
J}t. Gen. What discourse bad you with 
him at that lime ? 

Lynch* We had no particular discourse, but 
in general we ttdked about the uneaiineas of 
the nation^ and the iUir opportunity there ttaa 
to rise. 

Att, Gen. Pray, give an account of what 
else passed. 

Lynch, I say, the discourse that we bad at 
two meettiigei before, he repeated^ and aaid, 
now is a fiiir opportunity, the uneasiness of tha 
people being such, to bring about a revolution, 
since they would be backed by tbe army and 
the guardsi and several other people. Soon 
oiler that we parted 

Serj. Cheshire. When had you any other 
meeting f 

Lynch. Soma meetings we had at Mr. 
Layer's house in Southampton^ buildings * 
8erj. Cheshire* How long a^r? 
Lynch. A few days only. 
Serj. Cheshire* At the several meetings at 
his houae, what was tbe subject of jour dii* 
course ? 

Lynch. U waa upon the same, about the ris- 
ing and uneasiness of the people, and the fair 
opportunity of bringing ah<»uk a revolution ; of 
the dispOKttion of the army and tkie guards. 

Serf. Cheshire, Did he give you any encou- 
ragement ? 

Lynch, After I met him at bb house ia 
Southampton •buildings, I kdil him of my un* 
eastnesfs ; because he had told luc at the begtn- 
ning, that tUene ihiitga would be aoon put in 
execution : I told him, if they were delayed, I 
wiLs afraid they woutd not succeeds He thea 
aoimatrd me, by telling me that there were no 
fear of its succeeding ; and that I should out 
be discouraged, for there was a great mao, a 
man of wit ami conduct, thai was at the helnsi 
and that had the management of the vcheme : 
That 1 ahoulil always keep a good heart ; aod 
that ihintrs went cui very well. 

Mr. Wnt, Did he tell you in whose favour 
this was to be? 

L^nch< Yet» in favour of the Prelauder. 
Ue atotifiifil him by tb<^ nam* ol'kiug. 



i 



16:] 



9 GEORGE L 



Serj. Cheshire, Do you know any thiogf 
about his going into the country ? 

Ljunch. After 1 met biro at his house, be 
went into the country and staid sixteen or 
■erenteen days; at his return 1 went to see 
him, expressinijf how uneasy 1 was at the delay. 

8eij. Fengeliy. About what time was thisr 

anch. 1 believe it was in July. And then 
1 him apfain how uneasy I was at the 
delay. To which he answered, Keep a good 
heart, all thinp go on very well. 

Serj. Cheshire. Had you any apprehensions 
that all was to be done at home, or that you 
was to have any foreign assistance ? 

Lynch. In my discourse to him of the un- 
easiness I was under at the delay, I asked him 
if be had any promise of any succour from any 
poiver abroad r He told me, if we once made a 
beginning, we should not want them : But did 
insinuate, that we should not want encourage* 
neot from the court of France. 

Att. Gen. When yon expressed your unea- 
siness at the delay, what did he say to encou- 
r^reyouP 

Lynch, The reason he told me was, that 
things went on very well, and would very aoon 
be put in execution. 

Ati. Gen. In what manner did you express 
your uneasiness? 

Lynch. Nothing, but that I was iraeaiy, and 
I was afraid that things did go wroncT* 

Sol, Gen. What did you say ? Did you say 
any thing relating to your own circumstances ? 

Lynch. In the beginning 1 told Dr. Mur- 
phey, because it would be a long while, some 
five or six weeks, before I was to be introduced 
to BIr. Layer's company, that I came on my 
own particular business, and my circumstances 
would not permit me to be loo^ here at my 
own expence. At the meeting with Mr. I^J^Fy 
when 1 first made this complaint to him, Mr. 
Layer told me 1 should not want for a small 
matter to maintain me in England. Accord - 
higly Mr. Layer gave me some money. 

Att, Gen. Do you remember how much 
that was? 

Lynch. I eannot remember. 
^Att. Gen. Did he give you money at any 
other time? 

Lynch. Mr. Layer gave me some money 
the first time, and afterwards he sent me some 
money by Dr. Murpliey. 

Sery. Pengelly. Did he give you any money 
at any otiier time ? 

Lynch, Yes ; the last time I was with him I 
had more. 

Att. Gen. How mangr times had yon money 
of him? — Lynch. Five or six times. 

Alt. Gen. Do you know what the sums did 
amount tu together? 

Lynch. 1 cannot recollect; but I believe 
about eight or ten guineas. 

Att. Gen. What waa it given you for ? 

Lynch. To keep me in England, and to assist 
in the intended desiirn of a revolution. 

Beti. Pengelly. AAer y»u went to him* upon 
bis return out of the joooidryi do ysu iiliMn* 



[168 
iie.l 



iieRs at the deia j ; «pw 
n^e, giving ne la lMp» 
very well, and onrdcMfa 



Trial of ChrisiojAer Layer ^ 

ber the discourse that 
then? 

Lynch. Yes : Afler I came to Ua I 
expresKpd my nneasiness 
wnich he encouraged ii\e, 
that things went on very \ 
would effectually take place. 

Serj. Pengelly. Did you ask hUn way fltmg 
about the army ? 

Lynch, I asked him if he' had Miy wmm.* 
ragement from the guards and the army? il«- 
tora me, yes, he hiul ; that a grsftt maay if 
the officers would not engsge themaelv«B.MW, 
being well paid ; but he said he had apokc wilk 
several <ifficers of the guards, who had aHNrad 
him, that most of the common aoldim svooMv 
come in, as soon as we had made a begianmg. 

Serj. Pengelfy. Did be mention any thiagof 
the time? 

L. C. J. When yon asked him if ha bad may 
encouragement from the army, what did m 
say? 

Lynch. He told roe, that be liad eneoaragv* 
ment from many of the utficera of the mrayj 
that he had discoursed with several aeijnmtaaf 
the guards, who told him that the maww 
aoldiers would be glad, after tbey had made a 
be^nning, to come in to them. 

L.C.J. Did be give you any reason for this? 
Lynch. Mr. Layer told me, the i 
told him so before they were encamp 
complained of their ill usage, and hard 
from the Subaltern officers. 

Serj. Pengelly. Was you aequamted wkh 
any time or day that was fixed ? 

Lynch. There was no fixed time : Mr. 
Layer told me, it was to be on the rising of fAm 
camp; because tfai«?y could not talk with tha 
soldiers so well, while tbey were emsamped, at 
they could afterwards, when they were in thaiv 
quarters. 

Serj. CAetAire. Was there any conaokataoa 
of viewing any one's bouse ? 

Lynch. Afterwards in disooorsa he toM m&i 
that it was fit to go and view the earl of C 
gan's boose. In case it was necessary lo 
the said lord in his house. 
Serj. Cheshire, Where is his house ? 
l^ch. in Piccadilly. "Accordingly w 
pointed a day tu go ; and I came lo hia _ 
mgs, and we took coach, and away we weal ; 
aiM talking to him about it, he told me, he wis 
very well acquainted with my lord Cadogaii 
and had some business with him, about an ea^ 
tate which his lordship was about buying: We 
went to his bouse, but my lord Was not to be 
spoke with, or was not within, I do not reoieiM" 
ber which, but we were conducted into hia 
house. We viewed the inner part of the home i 
afterwards we went into the garden, we viewed 
the lower part of the ganlen ; then we \ 
out in the yard, and took a view of the ave 
round about the house. I do 



exactly the time* but it was that day Ihsl « 
soldier abouM have bean shot in Hyde Pttk. 
Seq. CAeiAirs: HadyweDy " 

theftiiihisiiMsgiif:. r 



^/»>r High Treason* 

fy^k, Vir^, llmt it was enj^j tn be done ; if 
lit nil but M>tne res4)Uite gfeiitlcnien to Biaod 
k§ nil theAi it Wfts very teasibleto bt don«. 

Sn^ Ckukire, H«d you any Ulk at tliat 
itt» nMmm 10 the Toyer ? 
- J^raci. Be told roc, the Toiver would be 
■nedUlelv surrendered to the party ; on the 
#y t^ jiiol was to be put in exe^^utionf a 
OflBB offieer of the guaids wuuld take ujmn 
Im In Oioucil the j^uordfi ibcre, who woiilJ 
faliilHi tlie d«li?ery of the Toiver to ihem. 
SviCli^tre. Was there auy talk of the 

fwrt Ve«, af\ertrards : He said there 
iwbeoo tloubtof the Mint ; thev would l»e 
fMlt Iftlce lite opportuciiy to shake off their 
mkmmtnl* And that they would put arms 
hm llMnr bands, according as tbey repaired to 



i(t* 6reii. When did you see the prisoner 
MtiHer Ibe time that )Oci speak of viewing 
■t M Cado^n's house T 

jLpwJk. 1 aaw htm at his own house, and at 

miaX Mvems in the city ; and once he wrote 

a lie, ^Icstriog me to rome to hiit lm1|^in«: ; ac* 

Mtiiagly 1 went, and when J came to his 

t«ne« 1 met witii a Httle paper that was tePt 

Ibrme, directing' tne to go to the t^ueeu's-hend 

Hiertim GreatU^it^en-streetnear LincoUi's-iun- 

and to enquire ttiere for one Mr. Wilson ; 

I did, and t Ha9 conducted into a room 

ibe f&aid Mr. Wilson was, with Mr. 

Layer and another man, who seeiuertf by his 

^•tiaeB^ to be a Serjeant of the guards. I do 

•al bMiiv the man. 

AliG€9. What passed then? 

XjnadL We stuid a Uule while there, we 

lalkrit CTver the buKiuess, and drank good sue* 

eoB i« the eolerprize. 

Sierj Che$Atrt, Your lordship wit I please to 

notice^ thai when he vrent to Mr. Layer*» 

|iH|png>, lie fbiind a letter there, directing;' hiui 

I •» g« to the Ctueen'S'hi'ad tavern, and enquire 

j Ibr wie Wdxon; that when he came there, 

I Wl^an woa there, and M\\ Layer, and ano- 

ih/n ntati. 

i*eiv Vewnflltf. What passed at that time? 
L-. 'lioif material. 

4t: \uii tiiikeU about driokiugf good 

■tyrw Ai» ibe enter prize : Who drank that f 
I L^th^ We all drank that. 

^B- Aii, (Jen. Did the prisoner at the bar drink it? 
^^m Ly9fh* Yet, he did. I toUl the pn!»oner^ 
^VttkM he went out, that 1 was mighty ixn- 
H m^ u the delay of this affair. He told 
" •!» I ii*ed not be uneasy, for every thiopr 
well ; and they had a nobleinan at 
who had authority from the Pre- 
', mid wouhl lose do opportunity when a 
it tfliie otfereil. 
Herj* Pen^etli/, What did be call the Pre- 

Ij^ck. He called him the king. 1 was 

t It Ibc delay, for fear of being dtscovered. 

L,'C. J* What rcafioo did h« give you, 

mky yfiu sboiild not be uneasy ? 

Ijfmtk* Because their dasi^^ ware quiekly 



A.aiPi^ [170 

to be put in executirjii ; and ther* was a noble- 
man at the hehn who would put the desiq^ii iu 
execution^ as Imving full power and authority 
from the king to act as he thought proper. 

X. C\ X Did you ask who that nobleman 
was? 

Xj^nrA. Yes ; hut be never told me his name, 
butsaid, thit I flhonhl, in a proper time, he pre- 
sented to hin>, and receive my commission and 
orders from him to seize my loi-d Cadogao. 

Serj. Pcngcllif. My lord, we shall now gra- 
tify the priHoner's couhael, with an account of 
what happei»ed in Essex ; I hope they will not 
be impatient to hrar that : Therefore, pray, 
ac^uuiiit my bird nud the jury, when you went 
out of town with Mr. Lnyer? 

Lj/nc/i. My lord, I was at Mr Layer's hous« 
the dav when the bishop of Rochester was 
sent to the Tower ; he asked me, if I would 
ride abroad with tiim the next dav to take tlie 
air; 1 consented to it, and came tbe next morn-' 
ing to his house ; and Mr. Layer asked me if I 
mounted h ith furniture : 1 told hiui no ; but 
that 1 had a double hHrrel fowling piece, which 
if his serf ant would carry would do as well. 
He then desired me to go and stay for him 
without Aldiii^atc, and gel my gun ready loaden^ 
for he had that about nim which he would not 
lose for auy thing in the world. 1 weut and 
staid till about ten or eleven o'clock, when Mr. 
Layer niPi me, and ^ave the gun to bis str* 
vant to carry. On the road he told me, we 
were going to my lord North and Grey's, whom 
he was very well acquainted with, aud that he 
would rccotnmc-nd me to him as a friend of his* 
When we got to tlie Green-Man, he told me, 
we had better go in and tline there, liecause 
dinner-time would he over before we could get 
to my lord North and Grey *8. Whilst dinner 
was getting reaily, we had .several discourses 
on the same subject, of the uneasiness of tht 
natioo, and its inchnatiun to a revolution^ and 
how to bring it about - upon which he pulled 
3l paper out of j^is pocket, and gave it me to 
read the latter part of it. 

Scrrj. FengiU}f. Can you remember what it 
coiitained ? 

l.tfHch. I liememher some lines of it ; which 
was, in general, to invite the nation tn an in- 
surrection, aud to shake ofl* the calamities and 
miseries they endured under the present minii* 
try. And it was mentiiined in the said (lapery 
that the earl of Ciidogan was actually in their 
custody; thpreby encouriiging the army to re* 
volt, with an o^ltr of three guineas to every 
horseman aod siirjcant, and two guineas to 
every corporal, and one guinea In every com- 
mon solflier, to be paid immediately on their 
joinittg the party, and a promise of farther pre- 
ferment. 

Att Ci'fi. Did you read this? 

Lynch, 1 did, out of the paper in Mr. Layer'* 
hand. 

An, Gen. Doyou know whose band -writing 
it was ? 

Lynch, .\ccordingfo ourdiKOurtf, Itbougbl 
it might be bis writing. 



1 

i 

I 



I 



1711 GEORGE I. 

L. C. J. Bill he profluced it ?* 

I^nek. Ym, my lord, he produced it. 

L. C. J. You Mj yon inia^^ine, from 
discoume between you, thftt it was his hand- 
wntini( ; wimt ret^on wa^ there id all liis dit- 
coune, thit induced vou to think to? 
' L^nck. He Ulkerlot' it ss being of bis own 
miking; beftides, there were several interlinea- 
tiPM, dathing;9-out, and intirlineations after- 
wardn. He wan very well fati^fietl and easy 
■• to me, and mid, be could wish that he could 
Mng matten abont so, as that I could have 
the sole direction of seizinir "ome of the minia- 
try, and naroelv, my lord Towoahcnd, my lord 
Carteret, and Mr. Walpole. 

Att.Gen. Was there any diicoursa about 
Misiu^ the king ? 

Lynch. He aoid, when the detifpi was put 
in execution, the army would declare in their 
favour, and thry would send a strong guard to 
lake care of the king's person. 

Att. Gen. How to take care of the king's 
person ? What was you to do P 

l^ch. Nothing out to secure the king's 
person ; by what lie told me, it was for the 
public good of the kingdom ; that they did 
not mean, nor had they any design on the 
king's person, but only to keep him insecurity 
from any insult 

Att. (ten. What more passed at that time ? 

J^nch, Nothing more in particular. 

Att. Gen. Had you any talk relating to the 
arany P 

I^nek. I said before what related to the 
army. 

Herj. Pengeliy, Was there any discourse 
tbout a scheme or plan ? 

L^nch. He told lue there was a scheme laid 
rni that foot, of which I told you the first step 
was to seize the earl of Cadogan, and then, 
aoconling as the army came over, to take care 
nnd seize the king's person ; and he thought 
the proper time to put this in execution, would 
be at the rising of llie camp in Hyde- PSrk. 

8erj. Pengelly. Was there any objection to 
be made to this T 

Lynch. No; I made no objpctk>n, only 
Ihcwcd my uneasiness at the long delay. 

Sen. Pengelly. When you so expressed yoor 
aneasiness, what di<l he say P 

I^nch. He told me, if I could think or pro* 

rany thing more proper, that I should do 
AfWr that we rode towani Bpping, and 
weut to my lord North and Grey's ; and there 
Mr. I^yrr introduced me as his friend. We 
•laid there all night, and dined there the next 
day. In the evening vre came away, in com- 
pany with another gentleman that I did not 
know; but we talk«l on the road about the 

* As to the admiiCMbility of this parole testi- 
mont of the contents of writing, see in Leach, 
the t'asc of the King against Aicfcles, Old 
U^ilev, January 1784, anilthoae of Le Bler- 
rhan«i, I>ecember 177S, in Scac. and of Cosin* 
QfftlMi. OU Bttley. September 1784, wbich 
Mr. LMcb caiM in A Nm to Rtf V. "^* 



Trial of Chrititffher Layer, 



[178 



siioation of my lord's hoose ; and Air. Layer 
told Die be bad recommended me to his kicd- 
ship as his partkalarfriendy and asked me bow 
I liked him. 

Serj. Pengelly, Did he ask yoo any qoes* 
tionsi* Do you remember what he called his 
lonlship ? 

Lynch, I do not remember any other naoM 
but loj lord. 

8er|. PtngcUy. When be asked year api- 
nion of him, and how yon liked bio, didna 
describe him in any oUier manner, or aniy 
called him my lord ? 

Lynch. He only called him my lord NaiA 
and Grey ; he only asked me how I Uked my 
lord North and Grey. 

Serj. PengtUy. Liked his kirdsbip, for what? 

Lynch, That was all. 

Mr. Reeve. Had you any talk with bim 
abont the person that was to have the chief 
command ? 

Lynch. Yes; but he never named tba 
person. 

Mr. Wett. Had yon nerer any discooraa 
who was to command the party that was tn 
seize my lord Cadogan P 

Lynch. I waste command that partj. 

Mr. Wat. Was you any other time at BJ 
lord North and Grey's ? 

Lynch. Yes; another time I went to my 
k>rd*^ North and Grev's, where 1 found Mr. 
Layer, and expresred to Mr. Layer the naaa-- 
siness J was in at the long delay, and that 1 was 
afraid onr hopes would vanish ; and toM hin. 
if things were not soon put in executiooi I 
would withdraw myself. Mr. Layer bid na 
not to be uneasy, things roi^ht perhaps Is 
sooner put in execution than I imagined. 

Mr. West. Where was thisP 

Lynch. At Epping, at my lord North and 
Grej's. 

Mr. Wett. Did yon oome home together f 

Lynch. No ; I came home that night : Mr. 
Layer remained there. 

Serj. PengtUy. Did yon sea him some time 
afterwards P ' 

Lynch. I met him at his own honse, where 
I expressing my uneasiness as foroM^y, ha 
said, I should not be uneasy, for things waaM 
soon take effect ; and bid me get myself ready 
to execute my design ; becanse they had notiea 
the camp would soon break np, which waa tha 
time designed to put things in executkm. And 
at another time he told me, that the declaration 
which be had shewn me at the Green Man, 
had mentioned no particular peiwns, but In 
general the safety and public good of the 
kingilom ; there was nothmg mentioned of tha 
Pretender in it, but that he had thought fit la 
put it now in the Pretender's name. 

Serj. Pengelly. Who was you to reeeifn 
your particular orders from, for the ezecating 
yoiir design P 

Lynch. From that nobleman, who was In 
act as general in this aHair. ' 

Sen. Pengelly. Did yon nercr hear 
Mr. Layir who ibai was r 




Jbr High TreasoH* ^l 

^fmch* Kit ; I ilonH i^ecollect \\e ivas ever 
MM hy Mr« LMrer ; Ua told me, ifml tlie 
MwKliiiii wJks ftUerwftrds put to the nnone of 
itfyiMder. 

9m, Pemgciiy, Wbat was it lie recom- 
mmim yom to my lord North anc) Grey for? 

ifmtM, lie rcc commended lue to hiui aa otie 
tf lis fMfticulikr Jiteiulj, 

Scij. Pengciiy, What discourse had yoii at 

We talk^ iorlifferently ; we dis- 

\wMhuif^ of til e revolution at that time : 

e tie bad girtn tlie dtwlaratjoQ to a 

miniater to ^t printod, aud had 

^10 guineas for that purpose, 

Crcm. Was you acqyaiDteil before with 

i NeKb and Grey ? 

No ; be introduced me as one of his 

htjJ[ire> Did you koow when Blr. 
I QTkl taken up ? — hynck. Yet}, 
. Chahire, Iloir long before that bad 
m with him f 
i^zk* 1 cannot recollect the time. I 6rst 
tfTiiiie ac«)u«inted with Mr. Layer abuut June, 
iimtj, C^ishire. H'htit passed the last time 
%apit «r«a w'ab him, belbre he was taken up ? 
If M there any particular conference between 
y9tkf 
J^fmeA, I told you about tbe declaration^ ami 
iDy uoea»inefl9« aod that he tuld me 
I wiMild succeed sooner than I thought for. 
. CheUure* When you exprested your 
~- — did he use any vehemence o< ex* 
i to what part he would act ? 
X^nth, He told me seT«^ral times, when I 
mmM «• irresolute and uneasy, saith be^ don't 
^■t ^ iioeasy ; rather than all should fail, I 
wilt siir tip and be a second Mn^Ninello. 

ilr. If etf. Had you any conversation about 
Iheiakirt^ up of any person ? 

htftuA, He only told me at that time, that 
if the nobleman at the bead of affaire should 
be Uken up, every thin^ wouhl be (]ua«hed. 

IJerj, /V/T£f/(v. That nobleuran was not 
iMLfO yp at ttmt time then ? 
Jjfmdi^ No. 

hlety Pen^tfly* What recommendation bad 
j&m to my lord Noith aod Grey ? 

t^mck' tliily as a friend of i!hlr* Layer 'a^ to 
|eia awm\^ tl^c time iu summer, 

Mr -V</. I presume they have done 

%ilfc w ^ evideuee, which ihey intend, 

d mk\ nv^itfict in the couirty ol' iSssex ; if 
ii^ baie^, I would cmve tbe liberty m ob* 

^m^ Ftn^eli^. We liave not done ; if yon 

«ny tbmjf lo ob:»erve, it must be when we 

fTOike ihrou|^h our evidence. 

JL C. J. U'hen they have given all their 

ce, tlu'ii will be your projier time to 

lo the evidence, and lo shew whether 

i& cnmpfteiU or no. 

Mr. Hun^crjord. I do not press to make any 

rks upon their whole evidence; but if 

kave uivcn all the evidence ibey intend tf> 

ife of any ^erl-act in Essex, for oo that 



A. D. 172f. 



[174 




depends the fate of this gentleman at the bar, 
1 hope we are now (before they shall be per* 
m it ted to give evidence ot any farther overt- 
act of treason in sinother cojiniy) at hbeiiy lo 
oljject, that tbe transaction in Ezi^ex is nut aA 
overt-act at ail of the high-treasou laid in this 
Indictment. 

SoL Gen, We ba? e not done : when we 
have given our evidence then it will be proper 
for them to make their objections to the whole. 

Mr. UungcrjWd, i humbly otfer it to yimr 
lordshipV consideration, whether it is ri|»h| 
and proper to go on in such a method, and t<» 
take up tbe time of tlie Court, when tbe ^^w* 
tlemen on tbe other side say, tbey have duno 
with giving evidence as to any overt-act in the 
county of "Essex. 

$oL Gen, No ; we have not done with that 
evidence. 

Mr, Ketclhty, I don't know whether your 
lordship will indulge us to ask tbe witness « 
question or two now. 

L, C. J, Propose your quest! onst ^nd wo 
will tell you, 

Mi\ Keteibey. Whether be bath any ofifer of 
pardon proposed to him to induce hint lo ffivo 
evideotoe against the prisoner at the bar ; which 
if be bath, we apprehend^ will invalidate hia 
eFidencc. 

LyucL No, Sir ; I have no promise of 
parduD at all : i only do this out of justice, to 
make what reparation 1 can, and to aave the 
blood of many people. 

Mr. Keteibey, I be^ leave to ask htm a feir 
more ques lions. I thmk you say the Grst timf 
you were introduced into this gentleman's 
company, the prisoner at tbe bar was at tbe 
Griffin- tavern iu Uolborn, and that be then 
told you he bad great desig-ns in band; and 
that 'there was an insurrection designed, and 
they wanted a person of resolution to seine & 
general : this, you say, wa^ the fir^t time thai 
ever you saw the prisoner at the bar* How 
came you to have toat share of confidence in m 
man that you never saw before c* 

Lynch* I told you 1 was iu discourse witlt 
Dr. Murpbey a g:reat many days and weeks 
before 1 saw Mr. Layers I told you how 
every day I i^a^v him, and always discuursed 
about the insurrectioUf aud how he told me 
then, that be would recommend me lo a man 
tlial had the mana<sremeut of the greatest part 
in this affair ; and 1 asked every day when f 
fih^uld be introduced to him : he told me, the 
time was not come yet; but when it was a 
proper time, he would introduce me, 

Mr. KcUibet/. I think you jfive that for a 
reason, why you bad that contideoce in biui, 
because you bad been recommended by one 
Dr. Murpliey. How came you tri have that 
mio^hly dependance on Dr Murpbey ? 

L\/itch. Because Dr. Murpbey and I bad 
been accpiainted several years ago. 

Mr. Ktielbfjf, I hope you waa not in thy 
wicked design with Dr. Murpbey, and §6 
much acquainted, as to recommend you in • 
case of treason* 



175] 



9 GEOKGE t 



Lynch, There was a oomiaoD ffieodship 
between at. 

Mr. Ketdkey, How came be to trott jou ? 
Would yoa have trusted him in a bosiness of 
treasoar 

Lynch. We have been concerned io aflairs 
togfrtber. 

Mr. Kettlkey. How long was yon al the 
Green Man wiih Mr. Layer ? 

Lwk, 1 cannot say exactly the time. 

Mr. Keteibey. I don*t ask yoi^ exactly to a 
minute or two ; but was yon there an'honr, 
or two, or three hours ? 

Lym€h, I cannot say whether we were there 
an hour or two ; but we had something dressed 
lor dinner, and the matter was discoursed of by 
us before dinner. 

Mr. Ketelbey, When yon first alighted from 
your horses, what room was yon shewn into? 

Lynch. We were shewn into a room op one 
pair of stairs on the right hand, the first room. 

3Ir. KeUlbey. Was it towards the street or 
backwards? 

Lynch. It looked into the common road. 

Mr. Keulbey. Did you look out of the 
window and see a person of vonr acquaintance ? 

Lynch. I saw two gentlemen, but dkl not 
know them. 

Mr. Ketelbey. Did you not look out of the 
window, and say, you saw a gentleman of your 
acquaintance f 

Lynch. I said I saw two gentlemen that I 
thou^t I had seen before. 

Mr. Keieibey. Did not you go down to those 
gentlemen? 

Lynch. No, I did not go down to them. 

M r. Ketelbey. Did not you go down to them ? 

Lynch. No. % 

Mr. Keielbew. Did not you sav so to Mr. 
Layer, in the Jrawer's presence P — t^nch. No. 

PriMmer, Did you not' tell me that those 
gentlemen were your acquaintance? 

Lynch. I told you those two gentlemen I 
had seen before. 

Prisoner. How lonff were we together at the 
Green Man ? Were the horses put up, or cwt ? 

XryncA. I cannot tell. 

Frmmer. Was there any thing dressed for 
our dinner but a beef-steak ? 

Lynch. No, nothing else. 

Prisoner. Did not you go down stairs, pre- 
tending ?ou went to those geutlemen ? 

L^nch. No, I did not tell you I went to 
those gentlemen. 

Prisoner. Did you not «*o downstairs? 

Lynch. Yes, I did, and came up again 
immediately. 

Prisoner. Was noi dinner on table when you 
came up again? 

Lynch. I went down twice before dioner. 

Prisoner. Then you must consequently le^re 
mein the room. 

lAinch. I went down to make water. 
, Priaomer, What did yon go down the second 
^~i for? 



ymek. Outof 



^ yt' w si. . How long did you staj 



Trial of Cairutcpher Layer, ^ [170 

Lynch. Not both times above two minotea. 

Prisoner. 1 was then aloae, when you went 
down?~LyncA. Yes. 

Prisoner. Was this discourse before or uAer 
dinner? 

Lynch. It was before dinner. 

Prisoner. When yon came up the second 
time, w as not dinner on the table ? 

Lynch. It waa come np. 

Prisoner. And yet the discourse we had was 
before dinner? 

Lynch. Yes« it was before dinner. 

Prisoner. How mudrtime might we spend 
before dinner, half an hour or an hour ? 

Lynch. ] do not remember, but it waaa good 

Prisoner. Was not thfe double barrel gun in 
the room? 

Lynch. 1 do not knbw whether it waa there, 
or whether your servant had it. « 

Prisoner, At the time of dinner was mj ser* 
vant, or drawer, in the room ? 

Lynch. Neither of them was in the mom. 

Prisoner. You say we were a good i»hi!e» 
you and 1, alone ; pray, bow long? 

Sfnch. I cannot say positively how long, 
r. Hungetford. Have yon any copy of 
that part of the paper he gave you to rend, and 
whicn you read ? — Lynch. No. 
Mr. uungaford. Was the whole of it of any 



jnch. To the best of my remembrance it 
was'a oomoion sheet of psper*. 

Mr. Uungcfford. Did yon read the whole F 

Lynch. No ; he doubled it down^aBd gave 
me the latter put of it to read.* 

Mr. KeUibey. Some things yon seem to re* 
member, and some thiogs you do not ra> 
member: was it printed, or written ? 

LmcH. It was written. 

Mr. Ketelbey. Did he not mention it to be 
the prince of Orange's declaration ? 

iynch. No, he did not. 

prisoner. Was not the paper blotted ? ' 

Lynch. lu that I saw there were two or three 
places iotcrliued. 

Mr. Hungerf'ord. My lord, I thiidc the gen- 
tlemen did say they had not done with their 
evidence, with relation to an overt- act in Essex ; 
if they have not, thev will do well to go on no\« : 
but we hope they shall not go into overt- acts 
committe<l io any other county, till they make 
the whole of their proolii of an overt- act in 
Essex. 

L. C. J. You have been told, thet shouUl 
proceed in their own method, aud wiien they 
have done, you may make wliat observatiottS 
may be of service to votir client 

Mr. Hungcrj\»rd. delations offset arisinfr in 
another couuty, which have no reUtion to the 
fact arising in E^tex, we hope tliry shall not 
go into, to amuse or captivate the jury, llw 
court and the auditory. 

L. C. J. Sure never any thing waa like this! 

• See Attorney General v. Le Merchant. « T. 
Rep. ^00. 



IT7J ' Jhf High Treason. 

^ UkmM" pr^iftce to give directions, anil we 

' Ibnik it not proper to interrupt ibe kind's «oun- 

irf» but ihst they should jiroceed in their owo 

Mbod : you shull be heard as long' as yon 

lietse^ whin yoo come to mmke your observa- 

StL Gem, The prisoner bath a right to say 
mf Mai^ tlial is proper lo the court aiir) tbe 
jvjr.ift m« «leftff>cc, but he must s«y it openly ; 
te IS iMt ta talk prJTaiely with tbe jury ; 
llmfk I •m sure they are genii em en of so 
pHi vortti titid lionour as not to l»e influenced. 

4ir* Om. I dare say the jury will not Ut*in- 
1 ; but be tslks rif his con rise) so loiid^ that 



A« JBry may easily bear every word he says, 
h C,J. He mUHi not ^penk no hiuL 
dt$* Oen. 1 just no^v bf-nrd biin say. It was 
Itnmgb %i» fs*> on wilb <^tiden('e that vvould not 
kftatW purpose, I lieHrd him, as I E^tbere; 
kltaM fieny it if he cau. 

LC J I b*»pe you will not offer any thing 
afllMkio4l« Mr, Layer: you have a'riifht to 
^mmurmB with your couusd, IhiI you must do 
ilia •neb m manner at ibe jury may not tiear. 

Mr. Hun^aj'ord. Indeed, ray Inrd, be iliall 
kt9p no •ocvirragefnent from u» tor any such 

Matthew Flunkett sworn. 

6lf|, Chetk, Tell my lord and tbe jury, whe- 
tfwr Ifoti kof>w I he pririoner at the hnr, 
pfmmkAi. Yt«, I do know bim. 
8ir|. C^^ Win you tell my lord and the 
jury upon what account and by whose meaosi 
y%Hi fir^l became acquamled ? 

i*tunkfii. One majiir Barn e well brought me 
firai aCi^uamted with Mr. Layer; he had an 
eatioo in his house in Great Queen i^lreet, 
tliw m^jor Uarnewell eume to me, and de* 
i»c to g-et a couple of grenadiers. I 
lit him two; we went to Mr. Laver^s 
, moct his clefk let us in at the hack door, 
«i4tlie grmattien turneil the officers out, and 
Mr. Uayer gate them a crowji^ aud a glaj»B ul' 



IWrj. Ch€%h. Wheo was this? 
Pimnkttt* Ab Dear as I can g^uess, it is going 
OQgf^Ye years, 

8rrf. Cheih, Tell my lord and the jury what 
mmMh to this last year yoa renewed the ac- 
fmtfimncje^ and who brougUt yon to him P 

^hgmkUt. The next acquaintance 1 had al^ 
l»«m!t^ was by major Barnewell, who was 
■>i iani » and he sent mc with a letter tu bis 
Imt, t«^ ftc»ire him to rehevehim.. 

$m}. Chfih. Do you know any thing of one 
lm» Piunkeuf 

%keit. Yes -, he came lo me from Mr. 
July last, to desire me lo m*'«t him ; 
this counsellor Layer and this James 
Ploiikvtt came acquamtr^d I do not know. 
Seij. C^cfA. What was he f 
Fiiitkeii, I don't know what he is; htsia 
MiuiliWil «rfth Mr, Laver. 
9tf}r ChaL What pnifession is heof ? 
Ptmnkeii. I doaH know ; nor how he hfm, 
m C^la his bread. 
VOL. XVL 



A,D. 1722. [178 

L, C. X Go on. 

Flunkett, Mr, Layer paid the charges for 
major Barnewcll, and' brought him out of lh« 
MarJibalsea. 
Mr. Ree^e, liow long was this ago? 
Flunkett, To the best of my knowledge 
four years ago. 

Mr. R€€V€* He ta giving an account how he 
came to be acquainted with Mr. Layer; the 
first lime was upon the account of rescuing 
Mr. Layer's goods; the other time was by Mr, 
Layer's retleeming major Barnewell out of the 
Marshalst a, and paying his dtbt t Give an ac- 
count bow you came last acquainteil wilh bim. 
Fhtnkrit. 1 being at home, in my owu 

room 

Mr, Ji^^pe, How long ago f 
Flunkett, I beheve, as near as I can guei% 
it was last July. 

Mr. Reeve. Gife an account of what hap- 
peneti Ihen. 

Flunkett, Now this Jamea Plunk ett came 
into my ronm, ^t dowu, and be a^ked me how 
1 did, and said, he was glad to see me ; and be 
asked me, are you nut well acquainted in the 
army ? Yes, saith I, 1 kuuw a great many in 
tbe army, both officers and common soldiers* 
Doyou know, sailh he, any of the Serjeants of 
the guards? i know some of them, said l« 
He brought me out of the room» becauise my 
wife was there, and then he opened his mind 
to me : Saith he, do you know one Mr, Layer * 
(I hid forgoi ihe gentleman, being ao slightly 
acquainted nil h hmi ;) No, saith 1, I don't 
know iiim. No matter, sniib be, 1 have ap- 
pointed a place tor you to oieet lilm at, at the 
Italian coffee house in Uoi^e^ court; and at 
tbe end of lifts, Mr. Plunkett ajtked me to keep 
corresponilence with thena for the Frelender*a 
service. 1 did not.gtt to tbe Italian coflTee- 
boDsei not being in a proper static n, nor having 
money for that purpo^^ i So I did not think 
proper to go to the Italinn coffee-house ; but 
tlie Sunday following I went to Si, Andrew^a 
church, and meeting with some friends, ihey 
told me Dfr Sacheverel preached there ; and so 
they decoyed me to go aud hear fiint preach 
there. Whea service was over, to the b*M of 
my knowledge, as I was going home, between 
itiVlfe and one o'clock, I met ^Ir. Layei* acci- 
denlallv in Liucotn^8-inn>fictd» ; Mr* I^yer 
he looKed at me, be was really a perfect 
stranger to me, lor J did not know hitti again ; 
saith he, is not your name Piujiketl f V«> 
satih L Was there not one with yon, the other 
niirht, one James Plunkett? Yes, !::iir, aaya K 
Where did he desire you to goT said he. I 
answered, be desired me to go to the Jtaltan 
cofTee^ house in Hussel-court. Saith he, it is 
well enough : Do you not know the ? No, saith 
L you have the advantage of me ; I ask your 
pardoo, for 1 don't remember you, l5on*t 
you remember one Layer ? said he. Thea I 
called to mind that 1 knew the gentleman. 
Salih he^ will you walk on this side? 1 walked 
buck again towards Little Tarn -Stile, and we 
struck up the wall'tide, aad juat as wt can* 
N 



i 



179J 



9 GEORGE I. 



Trial of Christopher Layer, 



[180 



uniler a great coach-house g^te-way, we went 
in, and in the g^te-way he talked to roe ; saith 
he, 1 am told that you are a very honest man, 
and well affected so and so. 

Mr. Afeve. Well-affected, to whom ? 

Plunkett, Well-affected as to the business 
of the Pretender. At the same time we had 
this talk, he bid me not mention it to James 
Pluiikett, that I had seen him : Then he asked 
roe if I knew any of the Serjeants in the guards; 
for, saith he, f want such old soldiers as you 
are yourself, that could discipline a mob, for 
we hare other men enouf^h amonfirst us ; but if 
we could get some old soldiers, if that could be 
managed, tliey wonid be iinel3f rewarded. 
But, Sir, saith I, the Pretender is a Papist. 
8aith he, what difference is there between a 
Papist king, and a Lutheran king? 

Mr. Reeve, Hejiaid he wante«T such old sol- 
diers as you ; for what ? 

Plunkett, He wanted them to discipline a 
mob, and to put them in order. Then we 
bc^n to reason about the Pretender; why, 
saiih he, we had as good have a Papist for our 
king as a Lutheran. 

Seij. Cheshire. What did you object? 

Plunkett, I said be was a Papist. Bajrs he, 
we had as good bare a Papist tor our king, as 
to have a Lutheran, I don't know what dif- 
ference there is ; but as it was, the nation was 
enslaved, and the people were obliged to be 
slaves. I asked him. Sir, who is the promoter 
of this, that may join us f You see, says he, 
what iujustice is done to yon, you have served 
abroad, and others are nut over your head ; 
you have had and founa great hardships. I 
Aflked him who promotcxi this? He said, the 
lord North and Grey. Says I, he is a peer of 
the realm. Saith he, he is a 6ne general. 
And tl e earl of Strafford he mentioned. 

Mr. Reeve. Who did hcsay was a fine ge- 
neral? 

Ptun, He said my loni North and Grey was 
a fine general ; and asked me what 1 thought 
of him? I said, I had never been under nis 
command, but I looked u|K)n bim' to be a grest 
man, and one of tlie peers of the land. And 
then he meDtione<l my loni Strafford, what do 
you tbink of bim ? To which I made the like- 
an<:wer. And what do you think of general 
Primrose ? I said, I had lately seen lim at 
Chelsea, passing by in his coach, but that he 
was an old man ; however, Mr. Layer said he 
was a brave general. Then he asked me what 
I thoiicrht of general Webb ? I said 1 bad beard 
of his fame. 

Serj. Feng. When he had said my lord 
North and Grey was a fine general, and when 
you asked who promoted it, whether did Mr. 
Lsyer tell you what their design was to do ? 
When Mr. Layer asked you what do you tliink 
of t!ii4 person and the other pfrson, what were 
tliey to do ?—Plun. To raise a rebellion. 

Serj. Peng. Was that talked of that ikutt 

Ptun. Not at that time. 

L. C. J. You say he wantml such cJd Ml' 
difcn;aayoa; forwhatpurpoM? Ya!i.i^>| 



wanted them to discipline a moh, and pat it io 
order ? — Plun. Yes, my lord. 

L, C. J. Did he tell you how many he 
wanted ? * 

Plun, No; he did not say how many. 

Serj. Chr.$h. War: there any thing said about 
their names at that time ? 

Plun. Mr. Layer would have roe take a list 
of their names, and to enrol them, that tbey 
might know where they lodged, and where 
they quartered ; that so when he wanted tbcBi 
he might send for them to be in readiness. 

Serj. Cheth, Was there any number he etked 
you the names of? 

Plun. I said, 1 knew a great many, and that 
I could get 25. Saith he, you ought to have a 
list of their names, where they lodge, thai tbey 
may be in readiness for a call : and aaith be. 
This would have gone on some time -ago, only 
somebody made discovery of it to the French 
ambassador, and he wrote to the regent, end so 
it was dbcovered to the king : and saith be^ 
The duke of Onnond was to come in one ship, 
and general Dillon in another, and thev would 
bring their numbers with them ; and then I 
should see that the army would not oppose 
them. And when I parted from bim, be gave 
me half a crown to drink. 

Serj. Chesh. What was that to do? 

Plun. It was to encourage me. And he 
said he would send a messenger to me ; and in 
a day or two afterwards there came a mes- 
senger from him : 1 was not at home, but be 
spoke with my- wife. 

Serj. Chesh. Who was that? 

Plun. The nn-juring minister. 

Att. Gen. What was his name ? 

P/un. tl is name was Jeffreys. 
- Att. Gen. You say, you was not at bomf 
the first time ; did he come again ? 

Plun. Yes. 

Att. Gen. How long alUr? 

Plun. A matter of fi^e or six days after. 

Att. Gen. Did you see him ? 

Plun. Yes, I saw him. 

Att, Gen. What passed between you ? 

Plun. He asked roe if 1 knew Mr. Layer? 
I told him I did. He then carried me to the 
Castle tavern in Drury-lane, where we drank 
two pints of wine, which he paid for ; after tlie 
non-juring parson toUl me he came from Layer, 
who gave his service, and told roe that he was 
eroployed by Mr. Layer to go to such as I was, 
who were old seijeants, to get a parcel tofifether 
to discipline citizens, and other mob in the 
country. 

Att. Gen. What farther passed between yon 
and Mr. Jeffreys ? 

Mr. Ketelbey. 1 beg leave to object to that 
question. i 

Att. Gen. If I do not bring it home to Mr- - ^ 
Layer, it will signify notfting. •* 

L C. J. Mr. Kfitelb-«n yon know 
many timea in i 
tionml 




f(^ High Treason^ 



Mr. Hmmgefford* It 19 a con^ant rule, if a 
■ui spemki of A third persoD-s traiisacttons, h 
iitenredas DoihiD^f qdi) comtnoiily stuji|ieil 
torn hmg gfiven in eviitence. 

L,(X J, If ihev be^ia right, tlipy will give 
mitmce iti such ii methtHi as to he uudemtood : 
hf ^edariti^ what passed bettvi-t?!! him mici 
inndkMlf Uie evideoce may be the bttti^'r un- 




Wf^Miticlbey, f do not doubt ynur tordsbip^s 
^rectiOQ ntrht ; but I observe this, lest 

the jury should not take it right, 
C J* liet Uie evideuee be given in such 
i may be imderstood ; what is m- 




lf«e« 



"for nothing', but it is in order ''there, 



I the evidence, 
Gm. What paased between you and 
I'Juriog parson at the Castle tarern? 
^hm* He talked to me of the same aubject, 
* m>o to get men in readioeas; he tuld 
rizmtl a great many places to gfo to be- 
Willi this errand, and then we ported. 
' lime he ciame to me, we went to im 
^ to the C,ock and Bottle tn the Strand, 
be gave rne half a ^liuea, and satdi 
fclft a tokifo ; Mr. Layer bad sent it me to 
gm ine encouraitement, 

Sef}. P^ng, At that time that Air. Layer 
m^ he wovdd aend a messeng^cr to you, did he 
Hpotlktn any thini^ of money ? 
I^B^ Flun, ftlr. Layer said he woqUI send money 
^■p Ukm messenger to me, 
|F^ JL. C X You say he tohJ you, that he would 
"lein i you nnoneyby the measeng^erf 
Phin* He told me so. 
X» C. X Afterwards you say, one came to 
ywn wm from him, and encouragfed you, and 
gmve joti half a i^uinea ? 

Pl«ft< He did : 1 am upon my oath before 
Ood Ami nuui,. 1 wUt say nothings hut the 



8erj* Chrthire. 0id yop receif e any measn^ 
from JeflVeys to appoint a meeting with Mr. 
La ver f 

yimn* Some time after wnrds 1 met Mr. 
Ijiyer ol eight uVlock, at the Castle tavern in 
0ntry<taoe; there waa the landlord and Mr. 
Wyef, who had two bottles of wine, and some 
hread and cheese : he would have had me eat, 
1m I tohl him 1 could not eat ; but I drank ot' 
Ika wine. When be had discounted with me 
itoat the alfair, to encouraj^e me he ^re me 
Kixnto ; I went cross LincolnVino-tields, so 
mat home. 

Mr. W€tt, What did he gi?e yoo the crown 

Pirn. To eocoarage me to list men for the 
ftvtftider. 
Mi, Gea. Had y^u any letter by the penny 

P Ptrnm. That morning Mr. Layer was goinir 
f liBioifolh» Flunkett told me Mr. Lover was 
f out of iowu, atid would be «ria(i to ste 
t wflQl to Mr. Layer, and hifii hories were 
Mr ; he <lesired me to walk up t^opair 
in Ibrwards, ami by the same token or- 
I JibieiTaiit to charge his blunder busi in 



the room. Saith Mr. Layer, I have given a 
euinea to the nonjuring minister tn ijive you, 
to do what service you can ; and ^vhen 1 am 
abroad, YOU m&v 1^ ^nre I &hall nt»t he idle. 

Mr. Reeve* XVas any proposal made to any 
other person ? 

Piu'i. I broujibt an old soli!ii?r, uho had 
been in the service iiKuiy years. 

Mr. JJffrc. What was 1ms nsme? 

Pluft. .Iiihn Chili! ; I hroii«;bt bim, as think* 
iog he mi^bt have l>eeu of service to them. 

L, C. J What was it Mr. Layer said when 
be w as goint;^ int«» the eouutry ? 

Flun, He told me he would nut he idle 



Serj* Pengell^. What did he df sire of you ? 

Piun. He desirpf! me to see and get what 
soldiers 1 could Uh bim : I came to the iton' 
jurinw' minister, and told him I had got *25, 
Then Mr. Layer askcil me, why I did not 
bring a list of them, that he iiiit^btkncm' where 
their biibitations were, and that ihey mi^ht he 
in reatliness at ibe time. I disputed with Mr. 
Layer what they wuutd do for nrins ? N*» fear 
ofarms, satib he; arujs will he provided for 
them. After he rettirrn^d tVom the country tt> 
the towu, this Mr. Flunkell waa the lirsl mes- 
senger that was sent lo me ; he came ^ind told 
me Mr. Layer was come to town ; and tbia 
non-juring parson sent me a letter by the penny ' 
post i Mr. Child vi3« in my room and read it ; 
the contents were, ** Mr* Layer is come to 
town* and would be very glai to see you : no 
more, but your bumble servant, William Jef- 
freys,'* By this 1 knew his name. 

Att. Gen, By this letter be told yon Mr* 
Layer would be glad to see you ; did you go 
to bim ? 

Ptun, Yes, 1 went to bim. 

AtL Gen. Where? To his own house f 

Ptun^ Yes, to his own house. 

An. Gen. What pussed between ynu and 
Mr. Layer at that time ? 

Piun. 1 remember at that time, when 1 
came to him, he gave me a guinea with his 
own band. 

Att, 0<*«. Who gave it you ? 

Plunkelt, Mr. Layer, ait*?r be came from 
the country, gave it roe, and 1 recommcuded 
Mr, Child to bim. 

Serj. Pen^eiiy. When you recommended 
Mr. Child, what did Layer say ? 

Plunkett. He said* he had no business fof 
bim. 

Serj. Pengelly, For what purpose was Child 
recommended to Mr Layer ? 

Plunkcit, T recommended him as an honest 
man, as one that was well- affected as he de- 
tired me. 

Serj» Pengdly. Upon what account did you 
recommend him? 

Plunkcii. Upon the account to be a Pre- 
tend er^s man. 

Serj. Pcngelli/. Did you ever receive any 
money to give to Child ? 

Flunkitt. i received half-a-guJBC» from 
Mr. Layer to give to Mr. Child* 



i 

j 



183] STGEORGE I. 

Serj. Pengeliy, For what purpose was it ? 

Plunkett. ¥0T to eDconragpe bim in the ser- 
vice, to be trusty to him, aad to be a Pretender's 
man. 

8erj. Fengclly, By what name did he call 
the Pretender? 

Plunkelt. He called bim the kin^. 

SSerj. Peuoclfy. Had you any talk irith him 
any other time? 

Flunkett. The Sunday before he was taken 
up I was with him, and he was talking and 

^y'^^fSy ^^^ ^^^ ^^ ^^ Ado ft shooter as any 
in Europe. 

Serj. Pengeliy. Whom did he mean by the 
kingr? 

flunkett. Tlie Pretender, that lie was as 
fine a shooter as any in Europe ; he shot 19 
out of 90: 1 said, that was fine sbootingf. 

Aft. Gen. Where was thiR dificourse ? 

Flunkett. In his own parlour. 

Att. Gen. Can you recollect any other dis- 
course there was at that time, besides that of 
shoiitinir ? 

Flunkett, Yes, there was; we talked of 
those men ttiat would do service. I asked him 
what rewards those men, that would do serrice 
for their kini; and country, should have ; he 
told me, that tiiey. and their families, were to 
be for ever taken care of. 

Serj. Pengeliy, Was there any other pro- 
mise made to y(Mi ? 

Flunkett. There was no promise; only he 
was the man who said, if 1 would follow his 
directions, he would promote me; that he 
would entrap to do i^rreat matters for me ; and 
what I suffered in the army, he would make 
me amends for. 

Serj. Pengellif. Had you any discourse 
about the disposition of the nation r 

Flunkett, He said, that most of the nation 
was tired with the present government ; and 
he said that king George was for ruining of 
the nation. 

Srrj. Pengeliy. Had you any talk of any 
persons at c<Mirt ? 

Flunkett. Yes ; he said, what signified the 
government ; there were but only eight or nine 
upstarts that Itclonged to king George's court ; 
that the ancient peers of the realm would not 
he run down ; for they should be made slaves, 
if thc}^ did not prevent it. 

Serj. Pengeliy. Had you any discourse any 
othrr tiuie about the Dutch or the French ? 

Flunkett. Yes ; J do remember that he 
■aid. Here is a Dutch army come in upon this 
nation, and then the French army will come 
in, and ukeour rights and liberties from us: 
you will keep a Dutch army, ond it will be to 
make a war among ourselves. 

Seij. Chahire. What would he have to cure 
all this? 

Flunkett. He told me, that when the in- 
Burref tion was, there would be a great ma^y 
balf-pay officers aa I. knew, that waaki be oo 
the Pretender's aide, and €fpeaiaDrtbim«r«hft 
Minea of FKumbVibtt | |b^ * 
Fitsgmld thtAk <^f. ot ^vfjit 



Trial qfChmtophtr Layer^ 



[184 



Att. Gen. We have dode ^laminiBg thia 
witness. 

Friumer. You say your first aoqoaintaBce 
with me was in Queen- street, and that major 
Bamewell desired you to assist me, there be* 
ing an execution in my house : was it not ao f 

Flunkett. Yes. 

Prisoner. At tlie same tioie yon called na 
counsellor Layer? 

Flunkett. Yes; I came to your honse. 

Friioner. Did I employ you ? 

Flunkett. Major Bamewell sent me to gfi 
a couple of grenadiers, and you ordered vaor 
clerk to let them in at the back-door ; and the 
two grena<liers, which were conOned in the 
Savoy aflerwardR for it, drove the efficera out. 

Prisoner. Was it the landlord of the hoaae'a 
goods, or my goods ? 

Flunkett. J cannot tell ; how shonld I know 
whether they were yours, or bis ? tbey ware 
in your house. 

Prisoner. You said it was about five yearn 
before I saw you in Lincoln- inn-fielda? 

Flunkett. J t was when the army waa brelDa ; 
and I came over from Ireland. 

Prisoner, Well, you say fire years after- 
wards 1 mH you in Lincoln's -inn- fields* and 
gave you half-a-rruwn to drink. I told yoa 
my lord North and Grey was to he general : that 
my lord Strafford was concerned in it? 

Flunkett. No, you told me they were pro- 
moters of it. 

Prisoner, Promoters of what? 

Flunkett, Of this coospiraqy. 

Prisoner. So you dki not know me P nor I 
did not know you ? 

Flunkett. Yes, you knew me ; therefoei. 
Sir, 8aid I, you have an ailvantage against me; 
for I don't know you. AflerwanK we met ooe 
another hy accident: Says yoa, Doo^ tell 
Plunkett you met me. 

Prison* r. What Plunkett? 

Flunkett. James Plunkett. 

Prisoner. Where lives James Plunkett P 

Plunkett. I don't know : however tbat'a 
not material. 

Prisoner. Did not you oome to ny houae 
some time after this, and desire me to l^d jpa 
13c. upon aooount of being bail in an aetieM 
in the Marshars court? 

Flunkett. That was two montba after: 
there was a soldier which waa aneitad by « 
NarshaPs Court writ. 

Prisoner. And I lent you 13f. in ocder 4o 
discharge YAnk^^Flunkett. Yet, you did. 

Prisoner. Did not you afterwards ask aa 
for some money on acoouot of nr Danid (kr- 
rol ?— P/MnAc«. No. 

Prisoner^ Did not yoa make a- demand ml 
sir Daniel? 

Plunkett. No: I told yoa my affaira with 
sir Daniel. You said yea would net meddle 
yourself, bat ynoweald write to him. 

Primner. Did yea JMt -bring Af«|Mr« mai 
eOTf "' ^DtaU bad agteed^ta pay yoo fOi 

4fei 




ir High Treason* 

'Bthammt^ ]>»J oot you VtW me, it woitld be 
llir greatest kiuilDess iu the world to you to 
■JiMOg flOi. lor jfou ? 

^hmlUiU 1 ta/ever asked you in the course 

i*rf«o««r, Dt<l you never borrow any money 

^immktii. No ; 1 never tM^rrowed any mo- 
ftey «( y9ii, otber%vbe than to get men listed 
fe llw P^rtctider. 

Fi— 1 1 , I shiUI sbew that you are a little 
QMiftiai by »Ufi (>ye. 

He. Um^crfotd, Vou said you was de- 
cvfil to cl)«irch ? 

JFtmktU* Decoyed 1 I laid it wa^i out ot' 
Bj iray, ivheu my ohu parish church was 



11 ' 'W. What, do you use to go to 

diar inketL Yes. 

Ht. Keitihey. You say, the flvst lime you 
tt» te JaiDea Plunkett, he came to you wheu 
y^mmfe wss in the room ? 

^kmkeU* The first lime I aaw him, was 
w^m II r. Layer released major fidmewell out 
d'llMellftrihaisea. 

Mr. Kctcllmf, When James Pluiikctt caroif 
to ymtr lf^i«»e, be took you by the arm, and tuld 
yiM, be cMoe from ^Ir, Layer; did he teU you 
llal ifit t^ooe, he came from Mi-. Layer f 

Pimmkiit. Upon my oath he did. 

Mr. Kctttity, H'liui discourse had you the 
finf Chmr i" Hid be only a^k y uu to go and meet 
Mr. LaytrF 

PiiouUti* He ccune to mpf and desired me 
tv mefi Bir, Layer at the Italian eotf'ee-house 
km iUi«sel -court. 

il Did James Plunkett talk to 

j^ Ai- ig men for the Prelender the first 

wmt Ue hMw youf 

FkuUutt^ No ; he only was sent od an er- 
laod Groin Mr. liayer. 

BIr. lUiel^. And then you can»e to the 
B— jilfftmg imrson : ilie nn-juring |jarsoOf as 
Ml Ctll biiA: What discourse had you ^%ith 

FimAkeit. The same disco urae paased he- 
IWift ua iil»oat lifiting' n>f n. 

Sr. JT' telhty, Vt hat, ihe first lime you eaw 
Ivnea Plunkeit, and the firit tjmc you i»aw the 
BOH joriiitr ]uir»oti ? 

tiuiikttt. Because he came from Mr. Layer, 

Mn Meittbe^* 8o you truMed tK»th of them 
•t irwL aiiiftit, and talked to them ahout tiiiting 
fe» f*ir CbjB Preteuiler ? 

^ii^cl^. YrH, both talked to me. 

Hr. Keiei^y. How many times had this 
•^|orio<^ l>ant(in beeu wiih you^ before you 
kaiw tv» nacoe? 

PUnk€ti, He had been with me two or 
linetifDL'^ I'f me his name was St^f- 

JhM, lilt ' ' i me hia Christian uame. 

Li C< J' ^liJ ut: itrll you hia name was Jef- 
freys tl»e first time ? 

himmkeiU He toid me his oame was Jef< 

L C, J. How longc after was it that this 
klltr «rai atnlto yoo by Mr. Jeffreys? 



A.D. nn. [186 

riunkeit. It was the time when Mr. Layer 
came from the country. 

L. C. J. How long ago whs that f 

Plunkeli, I beliere about tea months ago; 
I mean teu weekii ago. 

Mr. Kettitttif. 1 would not surprize you ; I 
would have you consider you are u|>oo your 
oath r Is It ten months, or ten weeks P 

PLunkeit. Ten weeks, 

Mr. Keietkc^, How came yon to remember 
the contents of the letter so exactly f 

Plunk*' tt, I heard it repeated over* 

Mr. KeUihrt/. Prtiy repeat it over agaiDp 

PlunkttL *'Mr riunkeit, Mr. Laytiri&cooif 
to town ; I should be «ery glad to see you : 

** 8o I rest your humble servant, 

•* W Jeffbey*,** 

Mr. Ketetbey. Where is that letter? 

Plunkett. I don't know ; the tetter is lost. 

Mr, KeUlUy, Do you remember how loog^ 
it is fc^iuoe this tetter wa^ lost ? 

Plunkeii. Why, I miijseJ it ahout two 
months ago^ or more. 

Mr. KcUlbcy. Two months ago, or more! 
How long^ was il after you received it that you 
missed li?^ Pihfikelt, 1 kept the letter in my 
pocket some time. 

Mr. KHeltffy. Howkchg? 

PiunkeU. J believe I bad it three weeks. 

Mr. Kctdbey. So that it is ten wc«ks siaqe 
you received thi& ktter, two months since you 
lost it ; you kept it in your pocket three weeks : 
You cau read writing? 

Plunked. Mo, ] cannot. 

Mr. Ktidbty. What, not read writing? 

Plunkcit, No, Sir. 

Mr. Ketelbej/, How can yoo he so particular 
as to the writing ? 

Plunkett. I have heard it read often enough. 

Mr. Ketelbcy. Who rtad it to you ? 

Plunkttt, John Child read it OTer to me two 
or three times. 

Mr Keteibci/- Why, this h mere romance, 
that at twice hearing 'it read, you can remem- 
ber it, the very worfls. 

Pluftkctt^ *I can remember those words to 
the best of my knov« ledge. 

Mr* Hunf^crfofii. Hnw tan he lell, when \)^ 
cannot read at ^*li ? There is uuihirig in it : If 
one was to a^k him, whHheryoy cuu ret^itetho 
Articles of the Cretd, \ hfhe«e he couUI not 
do it ; and yet is so ejtact in repcatuig the 
words of this lener. 

Pn&oHtr. What couniryman arp you ? 

PlunkfAt, An Jri!ihm;uK Vou koew thatlo^g 
Ago ; you ueeit not ask me tbat qtiestiou now* 

Serj. PtngeUy. My lord, we shal* now pro- 
ceed, aiiit produce the plau of tliis coii^piracy, 
which was hiuud amoog the papers taken in 
Mts. Mason's pu8ses»iion; ^,nil t»hall !»how how 
the^y came lo be in Mrs. ft] nsoi/tf posiiciision ; 
and we sliall prove this plan to be Mr» Layer's 
own band'Wntini;. 

John Turner^ one of the IMesseogcra, awom. 

Alt. Gfn, Uiiik upon iheie papers* [I'ur- 

ner looks upon the papers.] 



187J 9 GEORGE I. 

Alt, Gen, Do you know any thing of those 
papers, and where'they were found ? 

Turner. My lord, by warrant from nny lord 
Carteret, principal secretary of state, dated the 
29th of September last, I was directed to search 
for one Mrs. Mason and Mrs. Cook, and the 
very same day 1 executed that warrant. I 
found out Mrs. Cook's house in Stone Cutter's 
yani, in Little Queen- street, near lincoln's- 
inn-fields, and in searching the house^ 

Serj. Fengelfy, Who lodged there ? 

Turner, One Mrs. Mason lodged there : I 
found her in the house; and in her lodging 
there was a trunk, and being demanded to open 
the trnnk— 

L, C. /. Wai your warraut to search for 
both Mrs. Mason and Mrs. Cook ? 

Turner, For both ; and iu Mrs. Mason's 
lodgings there was a trunk, which the other 
measenger and 1 demanded to be opened : She 
opened the trunk, and in the trunk there were 
two bandies of papers sealed up; which papers 
being opened, this paper was found amongst 
them. (Meaning the Plan or Scheme.) 

Seij. rengtUy, Look upon it : How do you 
know that to be the same ? 

Turner, 1 know it to be the same, becanie I 
writ upon it ; I set my ooark upon it 

AU, Gen. You say that these papers were 
found in the trunk, in two bundles sealed np ? 

Turner, Yes. 

Alt. Gen, (Shewing the witness another 
paper.) Look upon that ; see if that was in 
the same bundle with that you last gave an ac- 
count of? 

Turner. Yes, that was in the same bundle. 

[And so he was examined as to several par- 
ticular papers, which he swore to hare been all 
found m the two bundles taken out of Mrs. 
Mason's trunk, and that he had set his mark 
upon them.] 

Mr. Ketelbey, I beg leave to ask Mr. Turner 
a question or two. Mr. Turner, 1 think you 

S're a positive account of several papers, what 
ey are I know not ; of several papers handed 
to you from Mr. Paxton ? You had a warrant 
to search for Mrs. Cook and Mrs. Mason, and 
in a trunk you found these papers sealed up in 
a bundle ? 

L.C J. He said he had directions from my 
lord Carteret to search for Mrs. Cook and Mrs. 
Mason. That he searched Mrs. Cook's house, 
and found Mrs. Mason there; he sees a trunk 
in the house, in Mrs. Mason's lodgings, and he 
demanded the trunk to be o|ieneo, and iu the 
trunk is found two bundles of papers ; in these 
bundles are these papers which have been 
shewn to the witness. When be is anked how 
he knew them to be the same that were in the 
bundle; he says, he knows them to be the 

- aame, because lie set his mark upon them. 
Just. Fortacue Aland. .Were the bundles 
•ealad up ?— Turner. Yes, my tord, they were 
■Baled up when we took them out of the trnnk. 

' An. Omt.. In whOM Mgings wm^tbey 
found? . •■ -•• t9r 

I 



Trial of Christopher Layer^ 

Turner, At Mrs. Mason's kxlgin 
beflchamher. 

Mr. Ketelbey, You say these papc 
to you, you found in the'trnnk in Mri 
lodgings. Where have they been ex 
How come you to be so positive tha 
dividual papers are the same papers 
found in Mrs. Mason's room ? 

Turner, 1 put my name upon thei 

Mr. Ketclbty, Is your uame put U| 

Turner, Yes, upon each of the 
time. 

Mr. Ketelbey, How lon«v were the 
custody ? — Turner, About an hour. 

Mr. Ketelbey, Who did you delive 
when you parted with them ? 

Turner, I think, to Mr. Stanyan. 

Mr. Ketelbey. I ask you, when 
your name on each of them, was it b 
first parted with them P 

Turner, After the trunk was opei 
bundles were opened ; in the bundl 
paiiers of consequence, 1 was dire< 
and fetch Mr. Stanyan as being a n 
to give that person hor oath. Wh 
gone, I delivered the papers into m 
messenii^er'B band, and he signed the 

Mr. Ketelbey, So you only swea 
brother inessenger. How lons^ after 
seizing the papers was It before you 
name upon them P 

Turner, 1 believe three quarters o 

Mr. Ketelbey. Who had vou left tli 

Turner. 1 left them with this man 
ther messenger. 

Mr. Ketelbey, Youlefl them with 
ther messenger before you set your i 
them; how comes it that you are 
are the same P How can you swca 
the same, when you went away and 
in your brother messenger's han<}s, a 
set your name upon them, till you rt 

Sol, Gen, You say these papers ^ 
in Mrs. Mason's lodgines, and that si 
and unlocked the trunk, and you to( 
two bundles P—IVimer. Yes. 

Alt, Gen, You say you delivered 
papers to this person here P 

Turner, Yes, Sir. 

Priioner, Mr. Turner, in Mrs. 
k>dgings you say you seizeil two I 
papers sealed up? — Turner. Yes. 

Fritoner, When Mrs. Mason I 
locked up, were they then sealed up 

J'umer, They were then sealed u 

Fritoner. Did not the seals appe 
been broke open P — Turner, No. 

Prisoner, You saw two bundles ? 

Turner, Yes. 

Fritoner, You saw this paper, and 
all the papers taken out of the bundl 
bundle was this paper in P (Mennmi 
or Scheme.) *^' 

Tiumer. This wasia i 
Wuthiits 



ZWriwiK 



/4f9J 



Jot' High Treason. 



PriMoner* And this wm oat of one of the 
WmOfs? 
■ Jkmer. Out of the imall bundle. 

Frmomtr. Did yon see them taken out of 
the bondle f ^Turner. I can't say that. 

Mr. Hmngerford. If I observe that paper or 
hawHi vvbt, Vt is one that consists of several 
sImcIb offpaper ; I desire he may hold it in his 
hand. tiD we have done examining of him. 

Hj^Eeielbey. Mr. Turner, that consists of 
■Mnsheetn than one ; did you sign your name 
tocKkkaf, or only to the first and the last 
htfiflhebookP 
J^mtr. 1 iigoed my name to each sheet. 

Edward Speare sworn. 

AiL CtM. 'Mr. Speare, did you go with 
Mr. IVpmer to seize any papers at Mrs. Cook's 
^mmf—Sptort. Yes, I did. 

itC. Gen. Give an account of what yon 
Iw ef seizing any papers there. 

e. My knrd, by a warrant directed to 
i my iord Carteret, Mr. Turner and I 
) seize Mrs. Cook and Mrs. Mason ; and 
Mrs. Cook's house, I found Mrs. 
I tliere. At Mrs. Cook's I found no pa- 
pcn JD the first room ; 1 proceeiled into a se- 
cnd room, where there was a trunk, which 
1 aidered to be opened , and I took two parcels 
oat ef it ; one of them was sealed witn three 
iseh, which 1 looked at ; they did not appear 
la iMre been opened and sealed up again. I 
o p ene d them, and marked them. 
Ait. Gem. Who was by ? 
Speare. Mrs. Mason was. 
Att. Gen. Was she ttiere when you opened 
them? 

^eare. She was by when they were opened. 
Ait. Gen. Look upon them, are tliey the 
mme papers? 

Spemre. 1 baTe looked upon them, and know 
them to be the same. 

An. Gen. Are those the papers that were 
idMo out of the trunk? 
Speare. The ?ery papers. 
Att. Gen, In whose room were they taken ? 
Speare. In Mrs. Mason's room. 
8erj. Cheshire. Were they e?er out of your 
CQstody, till you marked them ? 
Speare. No, Sir. 

iU. Gen. During the time that Turner, 
your brother messenger, was cfone for Mr. 
teayan, who had the Gusto<ly of the papers? 
Speare. 1 bad the custo«ly of tiicm. 
iol. Gen. Were any of them taken away, or 
W there any alteration in, or addition to them, 
during that time ? 
Speare. No, Sir. 

flerj. Cheshire. Do you remember that 3Ir. 
Tomer set his name upon them ? 
Speare. Yes, he did. 

L. C. J. How long after your brother mes- 
sengf r returned hack to you, was it before you 
set > our name u|K)n them? 
Speare. Immediately, my lord. 
Mr. Keiflbcjf. How long did you stay in the 
|bce ailer the return of Turner ? 



A. D. 1722. [190 

Speare. 1 beliere I might stay there an hoar, 
or an hour and an half. " 

Mr. Ketelbey. When did you first part with 
the papers out of your custody? 

Speare. I gayethem to Mr. Stanyan. 

Mr. Ketelhey. How long after you first seized 
those two bundles was it before Mr. Stanyan 
came to you ? 

Speare. I beliere about half an hour, or 
three quarters of an hour. 

Mr. Keteibey. What, did yoa ddiyer them 
to Mr. Stanyan then ? 

Speare. After Mr. Tomer and I had signed 
them, 1 deliyered them to Mr. Stanyan. 

Mr. Keielbey. Was it not before you signed 
them? 

Speare. No, upon my oatb. 

Mrs. EliMabeth Mason swoni. 

Att. Gen. Blrs. Mason, gire an account of 
what you know of these papers ? , 

Mason. Mr. Layer left two parcels of papera 
with me ; be told me they were of the yalue 
of 5001. He afterwards took them away from 
me ; and afterwards brought them to me again. 

Seij. Cheshire, Yon say, he delirered two 
bundles first? 

Mason. No, he delivered only one, and that 
was the largest bundle : he told me it was of 
the yalue of 500/. and desired me to take care 
of it, and lock it up. 

Serj. Cheshire. When was the lesser bundle 
delivered to you ? 

Mason. Some time after; and after that 
he took them away from mc; and io four or 
five days time he brought fhem to me agaiu : 
he took them away, and brought them to me 
again, and told me they were a few love-letters ; 
and begged of me not to let Mrs. Cook know it, 
for she would make a disturbance, ami tell his 
wife. 

Serj. Cheshire. When had you the lesser 
bundle? 

Mason. I had that some time after. 

Serj. Cheshire. What directions had you with 
the little bundle? 

Mason. He desired me to take the same care 
of that, as of the other. 

Serj. Cheshire. Was that sealed up ? 

Miison. They were both sealed. 

Serj. Cheshire. Where did you put them ? 

Mason, I put them into luy trunk. 

tsierj. Cheshire. After this; you know when 
the messengers came ? 

Mason. Before that, he came one day in 
the afternoon to our house, and asked where I 
was? It was the beginDiog of Bartholomew- 
tide. 1 was noVat home : he left a message 
for me, that 1 should bring those writings 
home. I carried them home. 

Serj. Cheshire. Home ! What do you mean 
by home? 

Mason. Mr. Layer's own house: he left 
word, that he would he at home by eight 
o'clock that night. I was there about eight 
o'clock? 1 asked the maid where he was? 
She said, he was iu the back parlour. I asked 



191] d GEORGE I. 

her if any body was with him ? She said, there 
were two gentlemen. Said 1, tell your master 
that I am here. 

L. C. /. You say the great bundle was taken 
from you again, and afterwards he brought the 
lesser bundle ; and after this you received a 
message, or intimation, that yoo should bring 
home that bundle. 

Mason, My lord, 1 had two bundles. He left 
word, that I should bring his papers home; for 
he stnid at home till eight o'clock that night. I 
went to his house : and when 1 knocked at the 
door, tlie maid came to the door. I asked her if 
her master was within ? She told me, yes ; he 
was in the baok-parkur ; and that there was a 
gentleman or two with him. 1 desired her to 
go and tell her master{that I was there. And he 
came out to me ; and I gave him the writings ; 
and he desired me to come again the next 
morning, n hich was on a Saturday , about eleven 
o'clock, for he was going out of town : and 
that I would come and take those writings 
again. Which accordingly I did. It was in 
the morning, at the time that the bell was 
ringing at Lincoln's-inn chapel, when 1 went 
to him, and he delivered me the |iapers again. 

Sol. Gen. Can you recollect the day that 
lie left word for you to comf to him ? 

Mason, It was the beginning of Bartho- 
Jomen-tide. 

Sol. Gen. What day of the week was it ? 

Mason. It was on a Friday night that I 
went and carried them to his house. 

Sd, Gen, And when was it that he desired 
you would come and call for them again ? 

Mason. It was the next morning at eleven 
o'clock, or near the matter, that I went to his 
house ; and he gave me the writings again, 
and charged me to take care of them. 

Serj. Cheshire. What was you to do with 
them f 

Mason. To take care of them. 

Serj. Cheshire. Did you meddle with them, 
or open them P 

Mason. No, Sir : I put them in my trunk. 
They lay there all the time. 

Seij. Cheshire. Were they there when the 
officers came ? — Mason. Yes, Sir. 

Serj. Chchhire. Was you there when the 
bondles were opened ? — Mason. I was there. 

Seij. Cheshire Did you mark the papers 
yourself? — Mason. 1 did. 

Serj. Cheshire. Look upon the papers, and 
see if you find your mark on those papers? 

Mason. Yes, this is my mark. 

Serj. Cheshire, l^lr. Speare, yoo was pra- 
■ent at the opening of them P 

Speare. I was : They were sealed up when 
I opened them. 

Serj. Cheshire. Did ymi pat your 
ibemP 

Speare. I did put my naoieon tbc 

^.CkeMt. WcralkMMir' 
lady before YM p«t va* f 

Speare. No s f 



Trial qf Christopher Layer ^ 



[192 



Speare. He put his name to them before 
ever they were out of my custody. 

Alt. Gen. You have marked all those papers. 
You are sure those are the papers you took 
out of the trunk in Mrs. Mason's lodgings? 

Speare. I am sure they are. * 

Atl. Gen. SUw them to Mrs. Mason. Mn. 
Mason, were those papers in the bundles that 
were delivered to yon by Mr. Layer? 

Mason. Yea, Sir, they w<.tc. 

Att. Gen. You have marked those papen, 
have you not ? — Mason. Yes, I have. 

Sol. Gen. You say, you gave the handles 
back to Mr. Layer on'a Friday, about the be- 
ginnin*;: of Bartholomew-tide: Do you re- 
member whether it was'upon Bartholomew 
day or not P 

Mason. Indeed, I don't know. 

Sol. Gen. What did Mr. I>ayer say when 
you bi ought them to him again? 

Mason. He only thankM me; and de«red 
me to come the next day and take them from 
him again : Which I did. 

Sol. Gen. Did he mention then that he was 
going out of town P 

Mason. Yes ; and it was about tl o'clock on 
a Saturday morning that I went to him, and 
he delivered the papers to me again. 

Mr. Hungerford. Can you write P 

Mason. No. 

Mr. Hungerford. Have yon made the samo 
mark on all those pa|)ersP 

Mason. I was so frightened at that time, that 
I hardly knew what mark I made. 

Mr. Hungerford. If yon waa frightened at 
that time, and did not know what mark yoa 
made, how can you be sure you know your 
mark again P 

Mason. Yes, I can tell it very well. 

Mr. Hungerford. When you say you was ao 
frightened you did net know what mark yon 
made? — Mason. Yes, sure 1 do. 

Mr. Hungerford. Upon the oath you have 
taken, hath any body seen those papers liefora 
they were takeu by the messengers ; wlietber 
sir John Meeres, or his man Thomas hath seen 
tliem.^ — Mason. No. 

Mr. Ketelbey. Nor his man Thomas? 

Mason. No, nor his man Thomas. 

Mr. Ketelbey. I ask you, can you write, or 
can yon/ead writing P 

Maion. I told you I can't. 

Mr. Ketelbey. You only can make your 
mark? — Mason. No. 

Mr. Ketelbey. Do you only make but one 
mark, or use several marks? 

Mason. I make but one mark. 

Mr. Ketelbey. Pray, makethemarkyoago- 
nerally use. With submission, my lord, I oe- 
siro she may have a pen and ink, to aee if nhr 
ean make the same mark again. 

Mr. JfiMfTf/brrf. Mnrdy wn nraregnlnri 



Jut lligJi Treason* 
PmI» aai dMifi she inaj ttiake her mark 

Mr- lUtel^, My lord, we desire she may 
wAit Iter nuirk m^n. 
BtL Gen, We d<?str« ghe may have a con- 
t»l«er lo do tt in, ati<J itiat the iniiy sit 

No, 1 c»n do it wilbpuL (A pen 
atd ibIi aim] |iauer ts pvrn to Uer, nod slie sets 
l0«Bri, sia A' and an M.) 

%bL Qtm, Hcire ure tfie tnUers £ and M spt 
la yv |«f«rrs nroiincefl : aud though m this 

ff^^il »tu> ftliould not miike her letters ex- 
e, yet I aiipreliend that would 



A. D. 1722. 



im 



tr« Acici't^v 



id, I caQ*t tell M'hat th^y 

■^ depend' ► 

Aiy lord, 1 desire to go on 



f|tinctifioB, I a^k you- 



' ct»mpared the letters made 
Courts with those on the 



lY^j thi* ( iiamcter ivliich she now writes 
•bf ^bmt «be writ on those papers^ aud so 



( her eridcnce, 
Mr Ktieihry. After the ileliTery of those 
••-lm»4k« U» vf.ii f.v Mr. Layer, I ask you 

U«r Air Jo! 's man Thoiuaa ever 

«, No, he never was op in my room; 
no audi tAiniliurity between us. 
Mr. Ktttil'ey. Diil one Wilioo eversee them ? 
^mtcm. So, 

Hr, Ktttibry, Did ever you produce them 
i«lle fUoks ? — Mainm. No. 
^rtM^mtr, No ! nor diil sir John Meerca'a 
■A TTMunas never sec them ? 

n my oath. 
i ever produce them 
urrj -j^i . if I let Thomas or Wil- 

himselfsee either of 
Ufs ttk *,.i j .V vie seated up f 
No, ihey were in my truuk : I a1- 
Ihtpi ifaftn in my trunk, perhaps as I 
ttiy truok, they might see them he in 

' llllltJK« 

KtSef^ey, 00 you know one Blrs. Bmla? 
No; I (fon't know the name* J 
a*t know one 11 rs. Duda. 
trwmir^ Did yoa ever know one Mrs. 






I know many of that name. 
r. Did you ev«r go hy that name ? 
No. 

!*^ * "11 uver ifo hy the oamc of 

r. t#jw ^^^0 ever go hy the name of 

No, I tieter did go hy tlie name of 

JL C X Mr K**li ?ljrv. I dim'i know what 
BiiD|^ o^ < ; when it 

it»rtnnr: Uis Woman 

r . eh«r to he 

h^r credit, 
I vfith your 
jury. 



At the time when these bundles 
were seized, had thry Mr, Ltiyer's seal upoo 
tliem ? 

Ma%on. Yes ; the seal of Mr. Layer wma 
upon them. 

L, C* J, What says the messenger? At the 
tinte that you seized these two bundles of 
papers, was there any seal upon them t 

Messenger. There were three seals tipoo 
oiie^ and some seals upon the other; the aeal 
wa^ somethinjT' of a small head. 

L. C. J. What is Mr. Layer's seal ? 

Mawn, Something of a head, but I catmol 
fell what head. 

Mr. Kciclbty, Do you koow Mr» Layer's 
aeal ? 

Afdson. ft ia aomethtns^ of a head. 

Mr. Kttclbfy. Was ittne representation of a 
man^s head, or the head of a beast ? 

Mason, It is a head with somethings of a 
ruff about it. 

L. C. /. Mrs. MasoOf look upon the headf 
Is that head the seal of Mr. Layer? 

Mason, Yes : t^pon my oalli it is. 

L,C.J, What says the messenger: Was 
that seal of a head upon them, wheu you seized 
them? — Mentngcr. Y'es, it was. 

Mr. KettiUy. Before that time that the two 
messeof^ers came, Mr. Turner and Mr. Hpcare^ 
and seized the papers, and afternards one of 
them went for Mr. Htanyan; I ask you whe- 
ther you had shewn those bundles to aoy body 
before that time? 

ALisan. No ; T had shewed them to nobody* 

An. Gen. 8he halh said so two or three 
times before. 

L. C. J. Indeed, Mi-. Ketelbey, we mast 
direct you not to sjiend the time of the Court 
so. You have asked her that quet^tion two or 
three times over. 

Mr. Ketelbey > My lord, 1 would very fahi 
have the truth come out. 

Mr, Hungerford, 1 will ask you a question 
or two. What trade or husiness^do you follow ? 
What is your trade or occupation ? 

MoMon, What is that to you ? I have tio 
trade. 

Mr. ITuTtgerf&rtl I should have asked yon 
anotlier question before ; have you not a pro- 
mise of reward for the service yoa do here, ia 
givini^ this evidence? 

Maton, No, I have not. 

Priianer. Nor you have received none? 

Mason, No : You are an unjust num. 

L. C. /. Are you promist-d any reward f 
Why don*t you ask her whether she is to 
swear for hire ? Is that a proper question to ask 
a witness ? 

Mr* Kef rf hey, 1 submit it to your lordship, 
whether it is not proper to a^k her this queit ion j 
^Vhether she huth not toJd any person, and 
whom, that she was to have a rewaril for 
comiiiflf hither? 

Frmncr, The question is, whether she hath 

never owned and coufcnscd to any hoily, that 

these papers were opened before a friend of 

liersp before the rac»eDgcr seized them f 

O 



I 



I 



* 



1»5] 



9 GEORGE I. 



Trial of Christ fpher Layer ^ 



Mason, No, my lord, I Dever did. I Dever 
opened them before any body. 

Alt. Gen. They have asked yoo what names 
you went by ; do yoo know what names the 
prisoner'at the bar has g^ne by ? 

Mason. He had once given roe orders, that 
if any letter came direcSed in the name of 
Pountaine, that I should take it in ; accord - 
ingfly in two or three days time, there came .a 
letter, directed to Mr. Fountaine, and I took it 
in ; and when he came I gave it to him, and 
be opened it, and read it. 

Prisoner. Where is your house ? 

Mason. Where! Where you left the writingfs. 

Frisoner. How can you tell bow that letter 
was directed which you took in, since you say 
yoo cannot read? 

Mason. It was directed to Mr. Fountaine. 

Prisoner. Did you read the superscription ? 

Mason. No ; Mrs. Cook did. 

L. C. /. You say you was desired by Mr. 
Layer, when any fetter came directed to Mr. 
Fountaine, -to take it in ; and that a letter came 
directed to Mr. Fountaine, and you took it in ; 
the question is asked you, since you cannot 
read, How could you tell it. was directed to 
Mr. Fountaine? 

Mason. My landlady told me it was for Mr. 
Fountaine, and she knew he went by the name 
of Fountaine sometimes. 

Prisoner. She said she read it 

Mason. No; I said I gave it to you, and 
yoo opened it, and you read it. 

L. C. J. The occasion of this question is , 
that this misnomer was approved of by you. 
8he says, that you ordered her, that if any letter 
came directed to Air. Fountaine, she should 
take it in ; a letter did come directed so, she 
took it in, and then delivered it to you ; and 
yoo received it from her, and opened and read 
it ; Jbot how, say they, could you know this 
letter was directed to Mr. Fountaine, when you 
can neither write nor read? She having re- 
ceived such an order, when there was a letter 
come it was natural enough, that she that could 
not read, should ask her landlady the directions 
of the letter, and it was directed tor Fountainet ; 
it was natural enough for her to take it in, and 
give ii to you . W ho brought the letter ? 

Mason. A porter. 

L. C. J. Did he say from whence he came? 

Mason. He told nie he came from the Ditch- 
side, and asked me if Mr. Fountaine lodged 
there. 

Mr. Hungerford. This trunk that the papers 
were in, did it use to be kept open, or was it 
Idcked op ? 

Mason. It was always locked up. 

Mr. Doy/fy sworn. 

Alt. Gen. Mr. Doyley, do you know Mr. 
Layer .^ and how long have you known him? 

Doyley. I have known him about seventeen 
or eighteen years ; be was my clerk ; it is 
tbereaboulB, I believe. 

Att. Gen. Do you know hM writing ' 

Do^ky. I believe I do. 



Att. Gen, Look upon that paper, 
shewn the scheme.) 

Att. Gen. Do you take that to be his 

Doyley. If you ask me as to my belie 
lieve It is. 

Att. Gen. Have yon often seen him \ 

J>qyiey, Yes, Sir. 

Att. Gen. Have you seen him wrili 
he left your service r 

Dovify. I have bad several letters Iro 
nnce ne was my clerk. 

Att. GeH. Look open that paper ; c 
swear that you believe that is his 
writing ? 

Doyley. I have seen the paper before 
do beReve it to be his band-wnting. 

Prisoner. Have you seen me wrii 
thing but my name these 14 years ? 

DoyUy. I cannot particularly recollei 
ther I have or no. 

Prisoner, How long is it since I wf 
clerk ?— Doyley. About 14 or 15 years. 

Prisoner, mve yoo seen me write si 

Doyley. I cannot say 1 have, or I ha 

X. C. J. How long is it since you n 
any letters from him ? 

Doyley. About 6ve years ago. 

L.CJ. How do you know those 
came from him ? 

Doyley. Because he was my client, a 
to me aliout business ; and I answerer 
letters, and did the business that he desi 
to do by those letters. 

L. C. J. Did he pay you for that b 
done ? 

Doyley. Yes, very hononrably. 

Prisoner. Yoo say you don't rememi 
have seen me write since I came from y 
to that paper which you say you believ 
my hand, have you compared it with th* 
ters? — Doyl^. I have. 

Prisoner. Is that what yoo found yoo 
upon? 

DmfUy. This is what I chiefly fou 
belief upon. 

Prisoner. Consider, Mr. Doyley, m 
at stake, and you say you have not si 
write these 14 years ? 

Doyley. I don't know that I have. 

Prisoner. Have you any of my le 
court? 

Doyley. I have not your letters in c 

Prisoner. You say you found you 
only by comparison of those letters, 
wish you had brought those letters here 

Att. \}en. He doth not say so. 

Doyley. If you had desired it, I con 
brought them. 

Prisoner. I desired it ! I little tho 
have seen you here on such an occasioi 

Att. Gen. Mr. Doyley, I ask you, 
had no dealings with him since be wai 
t bis clerkship ? 

Doyley. Yes, I wai hif agent.* 

'^8(MLitdi'iHa«Uii^n-r« 
book i, €.4^- 




SSi. 






U. U€ii, 



W7] /or ffigh Treason* 

L C. «r* Wliose n&tne i« suliMcriUeil to those 

f^X>«»v/rw rim tophcr Layer's. 
L.C^J- Votj I iisiuB^ lueutiooetj ill 

■■K Irtlcrs i :k nmjrubly paid 3^0 u for 

'^iMfifjf* Yew, my lord. 
JLC J. I BUppuiie, in your timi?, that you 
tlwil otlier |jeo[ile writ letter« io your 

Kztrlhcif. Yoa wiyi you believe tJiat 

imhm y\r, I Jiver'u band writing'. And if 

*itf»i ' i.tnti you, I t<K)k it down in 

I ^'our belief on tiie com- 

^t \hriMu^ wTtb the letteis vrhicb you 

ikfky^ 1 said, 1 chiedy fouoded my belief 
ipiM mk:Ii oompariNOn ul' bauds. 

— . . T),t.» vrpti clitcfly did so ; and 
I Si here in court, on 
^1 tbi>i belief 
I I 'rv I , , I itiiuk \ou say yoo 
^^ ni/ ^^vt fttl limes f 
y nut rtfini'mber tb^it J have seen 
e 14 year^. 

Durincr tlie time he woa your 
iM;« jTttu iMve iie^n him write ? 

Itailfw. Yes J be mtur bul iwo years with 
9ti Bc dmS been clerk vi ith Mr. • be- 

"Sd, Gem, Then be had b«en used in bust- 
maik l«fiire be oiuie to you ; and bad formeil 

Mr. finnger/nrd. IIow old was he when be 
«ltt|<iur cirrk? 

I^£rv. f nde^ I donH know. 

Mr. llnmgerford, Y«u form your hebef 
1^ tlie r<*tiieuibrance you have ot what was 
bi kam}' writing 14 or ]^ years ago ? 

L C, X You aay, you receivetl letteri «ub« 
i ptW ^ ^y bit name fire years ago ? 

Diyi^, Yr^T my lord, 

X-t, /- Waa the character of those letteri 
Ibac ymi recrived five yeara ajfo. as^eable to 
liaohancteni that be writ when he was your 
6mk f'^Dayliy, Yes« my lord* 

L C. /. Then I tkhk you upon the whole, 
ffkmibm Jtm believe it to be inn band writing, 

ih^flty. Yr«, I do bebere it to be hk baml. 

fnmut^, 8mceniy ""f'^^^nv rircumjitancea, 
ki»f yau kail no prr 'ing^ restored to 

fmi pbec mrtun, or i i_ I : i_ii>e of aome other 

tk^Uy^ r never, to tny know]ed(fe, 

l^iacM otM oi«u that bad the power to put 
* ia my plaot attain 9 nor ever cooYersetl 
*M any on* great man upon that or any such 
iCar. 

lb" Mik we are entitletl to 

«^«! * re may lie no dis- 

■i^ ^ !;■■'' i> and Mr, 

kay.1 nerattbe 



A- D. 1722 



[198 



Mr ?*'''*' 'mworo. 



.t^r^lr 



'-t l*L ofibc Crown, 



f Serj. Pengclltf* Sir, was that paper shtWn to 
the prisoner at Ibc bur? 

IhtaJ'aye, 1 wtts not near enouf>b wbe-o be 
way before the lord»* ofllie couucil, lo i^ee what 
waji on the table ; neither diil I look upon tbe 
table, to see wbetlier this paper « as on it or not. 
Btu upon a qtieiiiiuu tbut was asked bim relal* 
inif to some arm*, it lie knew wbere any wera 
IcHfsred in surb a pUce, be said no : upon 
which, one of lUe lonU of the couucil h<*lU up 
a puper; it might be this, I'oraui^htl know; 
and b^id, Here is your own paper, your own 
hiiud- writing, wbicli says, ^arms that are there 
kidded ;' says be, I should have writ *arms that 
sliould be tbere lo<J«^ed.* 

L. C. X Whether is that the paper or no ; 
and did he own ibat paper thai was then shewn 
lo be his? 

peiiifayc. The question was not asked, la 
this your paper and your baud- writing? Hut 
tt was shewn to him as such ; and he aald, i 
should have wrote * arms that should be tbere 
lodged** 

Mr. Siangan swora* 

Ati. Gen. Mr. Stsoyan, do you remember 
whether this paper was shewn to the priattner 
fit the bar, or any questions asked him ahotii it, 
when he was before the lords of the council ? 

Stunt/an. Upon tbe (luestion that waa asked 
bim about the armh% thiii paper was shewn 
him ; f think thi^ is tlie paper ; I was nearer 
to tlie table tbun Mr. Ueblaye^ and did observe 
this paper to lie upon the table before the lords, 
and do take this to be the individual paper that 
was shewn him then. 

An. Gen, What was said to bim at that 
time ? 

Stani/an, The question was a^kcd Inm, what 
he knew of any arms ihut wne lodged in 
VVesjtminstcr? He said he knew of none. Then 
this jiaiter was shewn to bim, and a question 
was asked him ; here the arms ore aaid to be 
lodged in tliis scheme of your own band- writ- 
ing \ how came you to write so, if ihere be no 
arms bxlgetl ? Mr. Layer said, it was a mis- 
take : it wau not intended armii that are thi re 
lodged, but nrmj* that sihould be there lod|i;ed, 
fie said, 1 should have writ arms that should 
he |odge<l, ioslend of arms that are todueif. 

Serj, Chahire. The questiou was couceruing 
a paper of his own hand- writing ? 

Stant/an. Yes ; it was coucludeil, that the 
paper was of his own baod-writing^ and he did 
jiot deny it. 

Att, Gin, Did be say it was not his own 
band- writing ? — Stnnyan. No, he did not. 

Mr, KetetUif. Was the question a^ked, wbe- 
tlier that paper was his hand- writing, or no? 

Stanyan. No, I behere not, 

Mr. Kcttlbey, 1'hen if there Was no question 
ai^ked, wbetlicr dtd be own it lo be his band- 
ivriting, or nu ? 

Stanyan. He did not expressly own it to b« 
bis baud writing. 

Att:G€n> He was not asked that question, 
whether it was bis baod-writtog, or no ? 



I 



199] 



9 GEORGE L 



Trial of Christopher Layer ^ 



[90O 



Stttnyan. No, Sir. 

8erj. Fcngilly, He d'ul not deny it to be his 
own hand- writing ?—5<a»i^an. No, Sir. 

Mr. Wctt, Whether the lords in iheir ques- 
tion did state it so as taking it for his own hand- 
writing ? 

Stanuan. It was taken for granted that it was 
80, and he made no offer to deny it. 

Prisoner, Pray, Sir, let me ask you one 
question about the arms ? When I was asked, 
if there were any arms Iodised, did I not an- 
swer in the negative, and said, No ? 
Stanifan, Yes. 

Prisoner, In relation to the arms, yon say, 
that 1 said arms that should hate been lodged ? 
Stanyan. That was a|M>n the lords asking 
you, to explain that part of the scheme relating 
to arms ; and when you said you knew of no 
arms that were lodged, then said they. How 
cM>me you to mention in this scheme of your 
own hand • writing, arms that are lodged? To 
which you answered, I should ha?e writ arms 
that should be lodged. 

Prisoner, When 1 was asked, why I did say 
arms that were lodged ? Why, saith I, my 
lords, I know of no arms. It that was my 
pafier, and I had writ it, I should have wnt 
arms that should be lodged. 

Att. Gen, My lord, we pray that the papers 
may be read. 

Mr. Hungerford, My lord, we hope that 
these papers, (though tor my part I know not 
what they are ; for there is no hint of them in 
my brief) shall not be read, for this reason ; 
the evidence which hath been given for the 
king, hath not brous^ht them home to the pri- 
soner. There is no legal proof that the papers 
are of his hand -writing ; and consequently he 
cannot be affected by any thing that is in them. 
As to what is said of' the likeness of hands, that 
we humbly hope is no evidence at all.* The 
first witness, Mr. Donley, he hath said it is 
like his hand ; but he gives that opinion of his, 
on the knowleilge he had of the prisoner's hand 
fourteen years ago ; and by some letters he re- 
ceived from him about five years since ; men's 
bauds may differ and vary even in five, much 
more in fouKeen years. 

What follows is the evidence that hath been 
given by the gentlemen belonging to the secre- 
taries* otiice. 

1 personally know them to lie gentlemen of 
good sense, integrity and honour, and ibr my 
part 1 believe every word they say; which is 
more than 1 can say of the other witnesses hi- 
therto produced. But what these say, doth 
not, with submission, affect the prisoner: they 
we/e present when the prisoner was examined 
before the lords of the council ; none of them 
heard the prisoner acknowledge that the papers 
were writ by him, or that he did own them as 
his ; neither was he asked any question to that 
purpose ; neither did the nature of the exami- 
nation my lords of the council were then upon, 

* See this Case cited ai to thi^ point in Dr. 
Hena^'a CaaCi a. d. 1758| i»fr^ 



lead them to such ^ question : The lords were 
not asking BIr. La>er niiestions to fix an evi- 
dence iqion himself. But the lords having 
some papers before ;hem, and, according to the 
duty of their high stations, being intent npnn 
discovering what mi^bt be of danger to iiis 
majesty and the public, they asked MrLaywy 
where the arms were deposited at We '-~ 
ster ? He answers, that be knew of nona 
or to that purpose. It cannot in law or 
be from hence inferred, that he did own the 
papers to be of his own hand- writing. The 
only evidence, therefore, which can.be inaialed 
on to entitle these papers to be read, is the efi< 
deuce of likeness of hand, which is noevidcnoe 
at all in a criminal case. 

In my lady Carr's case, it was not nUowed 
to be evidence ; and yet tharwas not n capital 
case, but a case of misdemeanor only, it WM 
l»erjury. But there is an authority beyond all 
that ; we have the act of parliament for the 
reversal of the attainder of colonel Sidney, who 
had been convicted ujion evidence given oil* ihi 
similitude of hands, and that a much atrongtf 
proof than what appears here ; for €!ook nad 
Cary, two fain«»us goldsmiths, swore ihty bo- 
Ueve<i the treasonable liiiel laid to ooroneTSid* 
ney to be writ by him ; and assigned that for n 
reason of their belief, for that they had received 
several bills from him of the like hand-writinK 
which they constantly paid. Nay, one of tCft 
goldsmiths swore, (as I remeinlier the trial) 
that he saw the colonel write a receipt. Somo 
other cases of this nature might be quoted, hot 
we depend upon the authority of my lady 
Carr*s case, and the act for reversing the aU 
taiuder of cohir.ei Sidney, which is iaslar am* 
nium ; for in that act the reas«m assigned for 
reversing the attainder is, for that the convie* 
tion and attainder were found upon a siinilitwln 
of hands.* We have an attested copy of tb* 
act here ready to be read. In erasequeooe a^ 
this act, my lord, similitude of Hands b nevip 
to be given as eiidence in a criminal case : aoA 
therefore we humbly hope, that tliis paper i^ 
not so proved, as to be read in any couii, kai^ 
must be rejected : it is not proveil to be bi^ 
baud by any that ever saw him write ; nwthg^M 
hath any body beai-d him own it to be hia. 

Mr. Ketrlicy. My lord, I beg leave to ii^ ^ 
few words in supp«>rt ot' this objection. We «Bie 
not know what is the pur|K>rt of this paper. ^ 
daresay, Mr. Hungerford, as well as myn^BM 
hath not seen one tittle relating to it wb M ^^ 
ever ; but 1 hope, for the sake of evidence* '^^ 
sacred and eternal rule of evidence, that si CK^*^ 
tilde of hands shall not go for proof, wb 
|ierson is chargc«l with a capital offence, 
shall in due time endeavoui to lay befc 
Court several material objections to the 
of some of the witnesses; but at preseve 
must suppose them unexcejitionable, wauM 
sider, with respect to this aingle point, 
this paper is sufficiendy pram in i» i 

80«,uidvel.l 



^ 

% 



J017 



for High Treason. 



A. D. 1722. 



[soe 




["t ift IS to be reftd. Mrs. Mafon an J tbe 
^en Inve endenvoured, by a jun»hling 
\t» piofe ibe idetility of the pajiers, 
!• hand tbem down frism one tti aiiotlier: 
tl«w ilo tbey af^peAr to be of Ibe prisoPKM'^D 
Wwtimg? Mr, D«y ley says, fun ili^eii or 
jCBiTB ag^o be nasi bii^ cl^rk ; tbat five 
jwta^o b^ reei^^'ii'ed letters ii-mn bitn; and 
|kM%»ekirfty founded bisojiitium tbnt it was I 
iba fnMper's hind wriUDor, because be bud 
It with those Inters, and tbat ibe 
like: and yet tbtwe letters wilb 
eomparett ibis^a^Hfr be baiH not in 
ama m produce. Tbis u tlie 9iib!>tance of 
ilnlij'a evidence. 
A|r [0fd^ I humbly insist, tb»t thii is not 
and if coi»]mri«on i)f baiid» was to 
?^ aairely Ibis would m»l do, uiikfisbe 
those jiaperSf oti wbirh bt* oivns be 
bim u|iiiiion. 1 refer it to tbe jnrv, 
lie rnay not posfiibly, nny probablVi 
ermu eons judgment. Abulia man be 
itiii i.r hirt life, liecuose tbe witness saw 
II years a{fn, and received letters 
yeiirs ag-o i* i?^ any ibiiiir nnore 
_ iban H mun^s bnn<Utviitin|j^p Cmi 

4Mll»r of yOM, Creotlefiieti, take iipttii you to 
ay, i»bal *s or iii not \rntr Hritiiicf alitr s(> 
{vUi a Jf oiftb of time P ' Would n*ti i\m difle- 
rcBlaubjccrts, tbe one a coiimion btter of busi- 
am, tile oilier a treitMrnnble sfbeiopf make a 
weuMe rariatioD er en In a inairti utiuaj clia- 

e caae of my lady Carr is reported in Si- 

I, fol. 4I9« and was u|mn nn iiidirtment of 
an otJipoce of a tmitiU h«f»r ntiture 

wrbai ibia genilemao i« mow iriet! ior * 
lhai«r « witofsa awore be believed fbe fiajior 
apadtmst m roitrt to be ber band- wi iltn^r^ yt-t it 
wdtuH tnaiimit tn micIi a proid as to nuike ber 
(nby ; N»\ , tbe Courl miA expressly, tliar ii 
via rifit rvid«-nce, and s^bovdd not be Lidiniltt'il ; 
laA «. V tbe was aequilletl. Jlot iIim 

I%Ih i'V is wbat Air. Iton^erford batb 

attiiril, t^}*; till of pitrbaiorni tor (be reversal of 
Ikt ait4it>itrr of eolotiel 8o)fiey ; anrl ive bare 
i9ito«a« bete ready* ibal rxaotined it witb ihe 
monl, tbat provm it to be a true cop)'. Al- 
ftraoci J^idnry was a Mai ore tl of bi;;h4reasoii by 
■nibindt? of liaiids, aud ibat Mfna tbe remon of 
tlMfrtrrvab 

Hk two oejtt wilnensea are Mr. Defataye 
Ml tir. Hian^no^ ffrnttrineti of honour^ and 

w«*tiUl liOl Mfain a point upon any aet-finnt 
fifr. Mr. Delafnye ibitb not know 
vMirr ilii» papr waa on tbe lable. whtn Mr. 
|j^ >»Mn ritainiuMl lefore tbe lurd^ of tbe 
iMi«r»l« or no: Mr. Hiauyaii nuyt, be was 
iPiii ■ ImI orarcr tbe table, and be lakes tire 
f«pr It at t» 410 w proilueed to be tbe f^ame 
pfttr lKa»l «ra«t ttmoi tbe table in tbe room W* 
tncvlAwkirdaof ibe numril, wbru Mr, Layer 
wi» Ibfifv • W*eause when it w us produced 
llwf«' V o to bitn, be said, I sboubi bate 

wtmk I slioulrl he b^iljfed. 

II «^ o« «»^ tbat be never was asked 

Ibt '. ^^ bether it was bia baDd-vrntiot;^ 



or DO? How then sbouM be deny it, if it wat 

never nut to bini ? Aud tbe refore to say, be» 
c^\u(i be did not def)y a ipieslion ibat Ha»i never 
askifl biin, that tbat ^ball imiM>rt, as to tbis 
puHirular maiterf a eonfi^ssion, i» to me fitrange 
and ntiaccountiible ! Tbe natural sense of tbe 
prisoner's wordw, as proved, is no more than 
tbis; Nop if I bud writ it, I sboidd have rather 
*vrote arms ibut should be Iwlg^ed, than arms 
tbat were loflg^eci Therefore, my lord, we 
bumbty apprehend they have not given evi- 
dence m this case, sutftcient evidence to sup* 
port the reading of those pa[>ers. 

Your ]ordsbi|is are now to by down m per- 
petual rule of evideucc: for latest posterity will 
pay a just regfard to the present dtterminutiuoa; 
and if comparisan of banda in tins cajie be al- 
tovicfl as evidence, tbe same rule must for ever 
hidd in all parallel cases; and <iod kuowi 
VI hat may be the consequence of such a revo- 
lution, Or who may be affected by it. 

Sf-rj. Frngeiiy. My lord, we l>oj»e th&t nol* 
viitbstanding wbat bath been obiected to the 
reading of tbis paper, we think it proper to 
have it read : though ibc*y have mentioned 
sonic cases for to maintain their objections, yet 
the latter aulborities, and the constant course 
of evidence since, as we tliink, are diri^tly 
w iib us : as tbe case of my lord Fre%too, where 
ei|ilil or nine of the judj^es were present. 

Jn the rase of the lady Carr, there is that 
opinion insisted on g-iven at tbe end of tbe case 
in a sliwrl on intelligible manner* 

(Here Mr. Hony^eiford interrupted.) 

31 r, Hungrtford, My lord. 1 do not know 
wbelbtfr vrc sIjuU be at hbeity, v»hen the king's 
counsel have done, to read tbe act ; and tber e^ 
bire 1 otfer it to your lonliihip's consideratioo, 
wbtlher wetiboubl not read it now? 

L. C\ J. Heiul ibe act id p:irliari»enl. 

Mr. Krtcthetf Call Mr. Tlit^eilain- 

Att, Urn. We are apprized of ibat act of 
parltanieiit ; I have an examined copy of tbat 
act ; but we ap^irebetid it will not eocne up to 
wbfit tbey lite it for. 

Mr. KtUiLri/. We have five acta of parlia- 
meni tbut we have examioed with tbe records ; 
we ibd not kut^w where they would fiboot at 
us, and therefore were rraolved to be aimed 
C«p-a-|K'e, 

8erj. Vcn^cHy, As to my lady Clarr's easef 
it will be brird to mLiintaifi that opinion, because 
tbe letlfiH I hey produced uere not in tbe di- 
rect instance of the perjury. 

I^eu the art of pai^liamettt, wbicb tlifty pro- 
duce, it ttiketi no tire, that a paper wa^ found in 
tbe cbj*tt't of Mr, Sniney, ainJ wa- read* with- 
out provin;^ it to be bis own bniirl'iiiiitrO|^: is 
tbis paper louud wiLbout any ov^iiir**; iind ac- 
knoviledgiof^ it by the nrisonrr? r-«nf»tthis 
paper delivered by Mr, Liytr himself to Mrs, 
Mason r Had nt't be this pnper in bis custody, 
and it f»roc^ded tVom bim P 

in the case of my tord l^esion, there were a 
fifreat nuuiber ol jud^^ts, my b»rd chii f juNtice 
lloh^ brd ctiief jiiiitictf Hollexfen, and others % 



90S] 



9 GEORGE I. 



Trial of CkrUiopher Layer ^ 



there the iDdtctinent of my lord Preston was 
his adhering to the king's enemies; and 
amongst other overt acts alleged, his carrying 
several papers of instructions to inform the 
French king how to attack the kingdom : Mr. 
Warer, who had been an under secretary to my 
lord Preston, swore, that he believed some of 
those papers to be like tlie lord Preston's hand, 
and they were all read in that case by the opi- 
nion of the whole court, though they were the 
very express overt acts alleged in the indict- 
ment itself: how doth this stand here, sup- 
K«ing no use is made of the evidence of Mr. 
oyley ? When this paper is shewn to Mr. 
Luver himself, before the lords of the council, 
and was mentioned as a paper of bis own writ- 
ing, and he is asked how he come to write 
arms that are said tliere to be lodged ; his an- 
swer is, I should have wrote, arms that sliould 
be there lodged ; is not tliis sufficient evidence 
to prove a confession ? Doth not this amount 
to an evidence of his confessing it to be his own 
writing? So here is, as we apprehend, the 
evidence not only of the thing itself, but like- 
wise the prisoner's own declaration, that he 
was the person who wrote it. In sir Henry 
Vane's case, the warrant given in evidence 
against him was proved only by witnesses who 
believed it to be his hand ; but here is a particu- 
lar fact which (we apprehend) amounts to a 
confession, and is a proper evidence for the jury 
to consider of, whether this be not a confes • 
siOn. 

Aii, Oen. My lord, I apprehend that we 
have given very proper evidence to entitle us 
to read this paper : my lord, J beg leave to ob- 
serve first, that it hath been proved that this 
paper was found amonir the papers which the 
prisoner delivered to Mrs. Mason, to he kept 
for him, which were seized in her lodgings, as 
the witnesses have before acquainted your 
lordship, and if that were all, this paper must 
be read. As to that, the lord Preston's case is 
direct in point, and so determined by six or 
seven judges, tiz. that papers found in the 
possession of the prisoner may be read without 
further proof. But we insist that this paper is 
legally and regularly proved to be his writing 
by the evidence of Sir. Dovley, and the pri- 
soner's own confession; the counsel for the 
prisoner have mentioned lady Carr's case, and 
the act for the reversal of the attainder of col. 
Sidney, and say they have a great many other 
cases to the same purpose. 

I defy them to shew any one single case, 
wherein it has been determine<l, that proof of a 
person's hand by a witness, who swears he has 
seen him write, and knows his hand, and be- 
lieves the paper produced to be of his hand- 
writing, is not a sufficient proof, in a criminal 
prosecution, that that paper is such a person's 
band, before my lady Carr's case : if that case 
does support the opinion they have laid down : 
in all actions such evidence hath been con- 
stantly allowed ; then 1 shouM be glad to know, 
what law or what reason has made adiifemioe 
^ to fuch evidence, between d? il aetioiyiy awl 



[9M 



criminal or capital prosecutioiM. Ai ti i 
lady Carr's case, the book is Toy i 
obscure ; I believe the prisoner** com 
not make it support what they now ( 
for. 

Lady Carr was indicted for pajnry,! 
posed to be committed in an maawer wmh 
her before a master in chancery : what iili 
said about a letter, does not appear at alts ta- 
late to thecase there ; and if any jndgoMlw 
down such a position, as has beaa OMiliaBil 
by the other side, the meanmg moat he^ Ifaak 
an answer on oath shall not be fUailai Iv a 
letter only under the. party's band ; and ttaft 
such a letter should nut be a sufficient I 
to convict him of perjury. 

As to the case of col. Sidney, it ia i 
known that he was a gentleman of q«iail|,i 



in his study a writing was found, tI 
neral Treatise of Doctrines and "^ '^ 



▼is. AOa- 




were very distasteful to the then _ 
writ in answer to a book formerly 
It was not a scheme for raising a rel 
was it designed, for any thing that _, 
that it should go out of his own doaet, 
papers being seized, this paper was fooad fkttn 
among them ; and for this he waa inJiflhi.it 
high-treason. It was generally Uiod||ht tfH 
tremely hard to make his having by biai mm 
a general tract, writ in answer to a pailicalia^ 
book, and kept private in his doaet, an 0faa%? 
act of treason. However, he was fbnnd fsil^' 
and attainted. No wonder then, when tt||r. 
came into pariiament, that they 
proceeding, and reversetl his att 
the reasons recited in this act, as ii 
for this reversal, are accumulative ; 
taken in that proceeding is complaii 
there is not stress laid only upon the 
this iiaper, but 

The act recites, <« That col. Sydmnr, 
means of an illegal retom of the jury, ij 
nying him his lawful challeogea to toe |Bi 
men, for want of freehold, and withoot '^ 
cient legal evidence of any treasons 
mitted by him, there being produced a 
found in his ck)set, supposed to be hb 
writing, which was not proved by any 
witoess to be written by him ; but Ike 
was directed to believe it by comparing it 
other writings of his : and besides tnt " 
so produced, there was bi|t 
prove any matter against him, and by a 
and unjust construction of thestatutci a^ 
sons was most unjustly attainted." A*^, 
the act reverses the attainder. Surdy* ^ 
nature of the evidence we have given, U» V^ 
this paper to be the prisoner's hand« *^T 
sidered, it stands clear of any materi^t-^^ 
tion that can be raised from that act J*^ 
not barely proved by a comparison of ■■■■ 
here is a witness, that ofteu saw h is^ T, 
swears it to be his hand- writing: tb y^ TJ; 
multitude of papers, some oflmd to ts^B^ 
by similitude of hands, and every mm ^" 
waa read in my lord Preston's ease. ; 

JBaaiflhap been ia that, whiohl b« "^ 




^fm High Treasrtft, 

I ft cmifcssioii by 51 r. Layer, I but 

hl*^ ^^riung"; if ibe question 

Iter by tlte 1r»r<ls uf ibe 

-xver are cousicJered, it 

lin confcs&inn of it ; tlieretore 

k it, that we hure given a suflS- 

ffrr the readisg of ibis pat>er ; 

f shjill haTc yaur lordship's di- 

IsbmH he read. 

"odicr of the kiog^'i} counsel of- 

If there was any occasion, you 
»srd; hut there is no occasioo. 
" : ' fty the witnesfieji that these 
vtr. Layer's possession, that 
. ,,..;u to Mrs* Mason, that sbe 
ft up in her trunk, aealed as they 
rrd to her by Mr* Liiyer, and after- 
i'lA of her trunk by the messen* 
^t rf ifi^y rest it here', and no other 
bt t u ijiven ; the papers ougbl 
1 bt-.ujT W\s papers, which he once 
tiou, if nothing else had been 

in the werld be an authority 

t^an that of my lord Presloo, 

hicb were in his custody, 

tody, were read witbout 

T'M-n uva they were \m hand. 

oasider, this g^oes further ; it is 

Ipcr found in his custody, but it 

Rten with bis own band I How do 

It? 

Iter of tins gentleman tells you he 
rk. lived ^ilb him two years; af- 
ned letters from him about 
business lie did accordiu;^ to 
oil ol thosa letters, and was paiil 
f by htm fur it, and that he believes 
*" ftd. If they had g-one no furlber, 
I ba?c doubted, hut that according 
cour»e and ride of evidence it 
Then they make an ohjec- 
hnw h»ij|p Jt ii since he was his 
lahout H or 15 years agjo: his 
I altered iu that time ? ery mnch ; 
can you swear it, when it i!% so 
~"|iv htu i,an,| ? Why, says he, 
ir'rs from biru five 
ix Ills ai/ent ; ihii* 
Tr T , be sent 

■♦lit I nt' letters 

sd Vi^iib this paper, and from 
I Wirre that his tharacler is not 
pow do vou know be writ those 
iwtri'd tlio<ce U'lters^ and they 
' ' ifi which 1 did for him, and 
Id me %ery hon«»«rably for 
I ■ \*ctehis writ- 
ii notchnngcd 
Bp«ii nil \rbolc mattc:r, 
»r tt tu b*» bit) own hand- 
T, ihii ift ronliru^r d by his 
i I bill if ii bad bren an mde- 
it is an evidtMice sufficient 
Itkk |is|icT read ; because if « 



A. D, ITflt. 



[20.1 



man says* be verity helieres it to be his hand* 
wriking, it is always allowed to he read- You , 
did ask liioi, but upon what g^rounds do yoti 
believe his character is not chanored? Wh}^ 
says he* I do principally believe it from th« 
letters I received from him, which 1 should 
have doubted on the hand, which he writ 14 
years ago, whether it wa^ changed or not ; and 
I believe it is not changed, because it is agree* 
able with the characters he writ, when be wai 
my clerk ; and upon the whole, 1 beliove it to J 
be his hand' writing, ] 

Then ibey tell you of an examination of thti i 
genUenoan before the lords of the council; 
when they asked hiin about arms, he knew no- i 
tiling of them ; then they shew him this papei*, 
and ask tan), bow came you in a scheme, all 
of your own hfind- writing, to say, arms that 
arc provided;^ What was more natural ihuii ' 
for him to say, here is a paper that doth men- 
tion it, 1 deny it to be my hand-writinGr f Bui 
be was sii far from denymg it, that as the plain 
sense and import of the words spoken mu^t b« 
underiitood, he owns it to be his hand. 

It is a mistake, says he, I should have wr 
which shoiihf have been provided. 

How should he have writ that, if he had not' | 
writ the other ? 

So considering the whole cantexture of thK I 
business, and course of proceeding, it is, and ' 
I believe none can doubt it, as idaiuly proved | 
to be his own hand- writing, as if he bad said 
in so many words, it is my hand^writiug, H 
must have been read as a paper found in bit 
cnstoily. The other evidence, that is given ttKJ 
the jury, will be a matter proper for their con- j 
sideratioD ; but if that evidence had not beeu^j 
they must have been read ; they offer that ag j 
of greater import, because it is of the prt* J 
80 net's own hand* writing. 1 

You tell us of the lady Carr's case, which J 
was an extraordinary case, when she in hef i 
aujswer in chancery swore that it wa^; not her . 
hand, they come to convict her of perjury, by*. 
proving it to be her hand by a letter "they 
produced. J 

Gentlemen, there is no pretence to make^ 
this a question. Do you think that the paprr . 
wfntb you offer shall con%'ict llits woniJin of jl 
perjory ? No ; when she had s^vorii it wagfj 
not her hand, they' come to prove it by a wit*^ 
iiess that says he hehevf^s it to he her band,^ 
because they produce a letter, which they say^J 
is her haiiiU Upon thi^ the Tourt d*ftt^knune*»i 
that this evidence shouhl not be allnvrcd ; IIihIm 
is, that it coubl be of no con^efpience lo Ijilsify t 
any mutter, which she barl declared u{»on oath, l 

But as this cane its, sure iIi^tc is mit !he leastJ 
doubt but if the proof of his hand bii<l heeni 
out of the case, H must be read a« a pafK?? 4 
that was in his custody, and taken out of ibeJ 
custody «d' one, v^ith iUi(»oi he hail depoHite4|| 
it, which is provoit tK*y(iitd nil ronti adiction. ^ 

And in the case of my lord Preston, and iii^ 
a thousand eases, it bath hten so, and u 
was denied* 

True, U'they come and sAy* it this his li«nd f\ 



n 



9 GEORGE I. 



I Ibe witneM says I «1oiiH know whether it 
bis band or do ; I have seea something of 
i haDil, and I don't know but it may be hiif 
lod ; it is not rig^ht : but the witness must 
round bia belief stronger; 1 ha^e seen bini 
^rite» and I know bis writinj;, therefore I be- 
iere it to be bis band. II* tbey had rested it 
m that, that the first evidence knew bis band 
14 years ai^, that must be lefl to the jury, 
wbeiber tbey believe Mr. Doyley's evidence ; 
because, says he, I saw him write 14 years 
ago. The possibility of that, if there was 
nothincr else in the case, mi^ht be left to the 
jury, whether that evidence was sufficient to 
iatisty tbem that it was his hand. Upon the 
whole, never was any thing clearer tlian that 
this must be read as a paper found in his cus- 
tody, that hath in the usual manner and method 
the proof of being his hand- writing. 

Prixoner, If faro out of time I beg your 
lordship's pardon ; I will not take up your 
brdship's time ; 1 only beg a word or two ; 
whether there is any legal evidence as to the 
publiftbing ; the indictment says, *' publicavit 
quoddam malitiosam seditiosura et preditiorum 
8cri|>tum," and that is not that, that is the de- 
claration. 

£. C. J. WbateTer you say or offer, although 
h happen to be out ot time, we will dispense 
with you, when out of time ; but what you 
offer now is upon a mistake, we are not upon 
the paper you should apply it to, that is, the 
matter of your declaration, but we are upon 
the fcbeme-paper, not whether you published 
it, but whether you writ it. * 

Prisoner, 1 am charged in the indictment as 
publishing a malicious, seditious and traitorous 
writing. 

£. C. J. Yon are charged with that as an 
overt* act of the treason of compassin^r and 
imagining the death of the king ; that yon did 
publish a malicious, seditious, and traitorous 
paper, that is the matter of the declaration. 
The matter now is, not fur publishing, but 
whether there is a reasonable proof given that 
it is your hand- writing. 

* <* Writings of tbis nature [tending to 
vilify or disgrace the king or to lessen him in 
the esteem of his subjects, or uny denial of bis 
right to the crown,] inasmuch as the very act 
betokens greater delibei-ation and malignity ; 
may, I think, with strict propriety, be urged 
more strongly against the writer, as evidence of 
a treasonable intent. 13 ut this must be takpn 
witji some reserve. Writings plainly appli- 
rablc to some treasonable design m contempla- 
tion are clear and satisfactory evidence of such 
desij^n, although not publisiied. if, say Mr. 
Justice Foster and Mr. Justice Blackstone, the 
papers found in Sidney's closet had been plainly 
relative to the other treasonable practices 
charged in the indictment, they might have 
been [legally] read in eridence against him." 
See East's Pl«u of tbeCrowDyCliap..a.nelr M6r 
and tba booka there rdanad I0b 

i 



•1 



Trial of Christopher Layer^ 

Just. pQwyt, Tliis is only a 
not an overt-act sufficient to ooBricC MS* 

Sol. Gen. My lord, we offer tbiepi^M 
strong evidence corroboratiofp pnd eninmi 
every thing which bath been aim ly | 
witnesses, and we pray it may be nai. ^ 

Mr. Hu^gerford. 1 was reading Iha 
parliament when they- ■ 

Sol. Gen, My lonf, we miiat htg ^Kfm 
insist U|H)n the course of proGCcding, that 4 
counsel shoulfl not go on to aiyae a Mi 
after the opinion of the Court baa bees giM 

L. C. J. Now you have beard th9 epift 
of the Court, you must not go on. 

Mr. Hungerford, I was kMikiag apoo 1 
act of parliament^-^- 

L. C. J, You remember Fraiicia*a 
there was a letter taken up at hia Ma 
was disputed whether that should be read; 
last a witness came and said, 1 have 



write several times, and I bdiere it ta be 
band ; and it was read. 
3Ir. Hungerford. Ay, hastily 



(Clerk of the Crown reada the SokoNL) 

The Scheme. 
Ah defkut de la force, ilfaut employtr la rm 

1. Let the general, and only one ofiieer 
note in tbe camp, agree upon a day for el 
cution. 

9. Let the officer that day put faiiaeelf < 
the Tower-guard. 

3. And as there is eight seijeanta, vis. thf 
of the first regiment ot foot-guarda, three 
the second, and two of the third, all rod} 
an hour's warning to obey orders ; cariy I 
morne, let the officer see a single person, na 
ly George ^Vilson, who manages these 
jcants, and give him directions to biingt 
all to some convenient place at lour that a 
noon. 

4. Then the officer must give each set 
money sufficient for the purpose, ami 
'em, that each serjeant order 25 men (ir 
together 200, which tbey have ready) 
singly out of the camp, and meet toge< 

church-yard, exactly half i 
past eight in the evening, when and 
anrither officer that they know, must in« 
and take tlio command ; give 'em ' 
ready loaded, and march wit)i them ii 
to the Tower-gate, at nine tliat night ( 

5. Our friend, the officer within, r 
cisely at that hour of nine be on tbe 
the Tower-gate, and seeing this bod 
apiiear, order the garrison to let 'eo 
recruit sent to the 'i'ower- guard. 

6. As soon as ever iliey have enter 
the arms at the Tower gate, shut tl 
and secui-e every one iii tbe Tow 
officer on guard gives them order 
hut not to shed any blood. 

7. The Tower being thus setB* 
oal« a anall ffturd there under tbi 

. and tbw, with aUtb 




^■pOB to cog 



1055 TK^^^ftf HififA Treason, 

JOQ, marefi diTA^ty to the Excliang;?, where 
^ fre;«4 4twra B»^ bfi ready opened, and the 

\m person. 

%* Jl ttie exact boor ofDtne, that the Tower 

I be Ihiis seized, the (persons of some great 

I tt^ be Atresled at their houses, bronchi di- 

the city, aDd delirered to the ge- 

"Hiat tipoQ our meeting^ at the Exchange, 

ed PfocUmation tw be spread about ; 

of the city to be shut up, and pieces 

brought dovi^o against 'em, hut every 

ilemres to enter the gates » before any 

fbrce appear, to be admitted to come 

after the genera f has appointed a guard 

l^te, acid inlet* of the city, with proper 

tit command there ; kt him march 

l^oeral rendezvous under the cannon of 

^Tower, and order the lord mayor a good 

f«H to wateh over the Bank, but iirit take 

wmm frr>ni thence to the Tourer, in order to 

10. Tbut OD the morne of this same day, 
J t*j have an inter view with some 
«btf prhictpal ofiicer of the camp, and order 
^^^ to eognge alt friends to attend at their re- 
'\tm posts» and expect a token * to he sent 
l9Cftcb of them as that very night, on receipt 
^ «bich token, thty are to draw their men 
9^ And march directly to the artillery in the 
emp, a$ a place of genera] rendezvous ; and 
fkaH Uie captain of the artillery may not be 
llirBied, let this principal omccr previously 
wnA a message to him, that orders are come 
Irom tbe general (Cadogan) to double the guard 
«f tbe artillery, on a rumour that li spread of 
dK mob l*eiog np in the city* 

It. The party being come to the artillery 
with the said principal officers at the head of 
'on, let ^em immediately draw tbe gnns round 
'ro^ and stand U|K>n their defence, without 
fealdog any deula ration, until the said principal 
■ficer, who commands in chief there, receive 
cerlMti inteliigence-f from our general that the 
tWef is seized upon, and the city all in arms, 
md tbeu under a pretence of securmg the king*s 
Msiofi from the insults nf the mob, kt this of- 
iber make a detachment to take him into cua* 
tnihr, and send him into the city to the general 
•t&t Tower. 

I U To facilitate the«e proceeding*?, let the 
rMperal the same day speak to the horse-ofBcera 
' s ibe camp, who he knows to be our friends, 
Hi vpofi the Tery first alarm of the city's bar* 
lif rerotted, lit 'em march their men to either 
Ulgale or Newgate, on pretence to suppress 
Ifct mob ; iind when they are at the gnt^^ as a 
feben of their being friends, let the watch-word 
fca * tbis morning/ and upon giving us the 

• It may be a note in writing thus : Sir, 
In meet you at nine to-night, don't fail me. 
1. S, lonner Edition, 
f k v»*rbal message by a third person that 
be by, when the general und this chief 
Con«Hlt together liH morne. Former 

VOL. XV r. 



A. D. 1752, (Sl6 

word there, to open the gatM and let 'era in, 
and as soon as they are entered, to march di- 
rectly to Tower- hill and juiu themselves with 
the general tliere. 

13. Let the general also the same day or- 
der four of the half- pay captains to take upoo 
them the following cummandij, viz. 

14. First captain to go into Southwark, and 
exactly at the liour of nine, to make a bonfire 
in the fields there, and give some money among 
the mob ; end ^vhen you have got a number 
together J send an account to the general^ tukc 
the arms that must be lodged there^ and distri- 
bute out amongst 'em to your acfjuaiiitance in 
the first place, and to tho<>e which they recom- 
mend, and then issue out the declarations ; and 
after the receipt of a token from the captain 
next mentioned, whn is to command in Palace- 
yard, to ferry over tliilher in lighters, wiih the 
watch -word * this morning/ and join the cap- 
tain in Pa lace- yard. 

15. Second captain, exactly at the hour of 
nine, to be in Privy*garden, adjoining to 
White-hall, with a few gentlemen armed, 
find seize upon the great guns there, and then 
spread the declarations, and stay there under 
the cannon till a greater body join you from 
Soulhwark; or otherwise nail up the cannoni 
and march directly t(j the next captain in St* 
James^s-park with the watch-word ^ this mom^ 
ing,* and then send the token, as above, to the 
first captain in Southwark, and let the mes- 
senger jou send conduct him and his men to 
you in St. JamesVpark. 

16. Third captain at the said hour of nine, to 
go into St. Jameses- park, with the key that t« 
given you of the private door out of Arlington- 
street, and appoint only some few gentlemen 
lo meet you there exactly at the hour and 
ready, f»ne to have the watch -word you give 
them, which must be * this morning/ IjtI your 
first rendezvous be at the little grove under the 
wall near the gate leadmg to Hyde- park, and 
there you will meet fire-arms ready charged* 
Then march down to the parade next I he horse- 
guard » and seize upon the cannon there, and 
ammunition in the store-house ; and the better 
to secure St. James's- park for a place of general 
rendezvous, you shall have nn officer out of 
the camp exactly at the hour of nine come 
to your assistance with some men, as he and 
you shall agree in the morne of this day, nnti 
as soon as you have seized the cannon here, and 
ammunition aforesaid, you are to put your- 
selves in a posture of defence, and puhlisfi the 
declaration, and send forthwith to the general 
at the Tower to let him know of your siluotion^ 
and also send to the captrtins iu Palace 'yard, 
Southwark, and Tultle- fields, that they imme- 
diately come and join you. 

17. Fnurtii captain, exactly at the hour of 
nine, the evening of the tome day to be in 
Tattle fields ; raise the West minster mob 
there, and with the arms that are there lodged 
equip them as you can: piihlisli the decfa- 
rations, and march to St, Jameses- |»ark directly, 
and join trilh ihem there, wlio, on your givingi 



811] 9 GEORGE L 

them the watch-worJ, are to admit yon into 
the park. 

IB* Ho tiere helag two bodies of men Ibus 

fDtleo l(H^etl»er the first ni^bi, riz. ooe on 
ower-biU and Ibe uiher id St. Jameson -park, 
(besides oor frieoda at tbe artjtlery in Iiydc- 
park.) Tbe D€ja niorijing", if not'tooocr, let 
aur |Feiieral order a detach metit to Lincoln's* 
ion-oelilfl, and soioe caoaou to be placed on 
tbe terras cvf ibe garden therei lest tbe eacmy 
come in tbere between 8t« JametVpark and 
Ibe cUy. 

19* A proper eaplaio must be appointed to 
Ibe watermen belonging to the Thames, 
previous to tbe day of executioOf be muit 
f with the duke'.s Largetiian, thai upon ihc 
i noiice lo be given them, that they abrni 
ill the watermen t and bring them lo a r^jodez* 
DU« the same hour of nine that night of exe* 
lion, and tliis captain^s rendezvous muU be 
Greenwich, where be must seiste the ma- 
1 of powder, and take out such pari of it 
ch man will carry, then blow up tbe rc&t ; 
ch from thence to the Tower, and join his 
with Ibe general there, to whom be must 
St send a messenger with the watch word, 
and an account of bii» numbers* 

90. 8om^ time before execution, the general lo 
•end a mensenger to particular men in the couo- 
iry, that Ibey rise in ibeir resi^ective counties 
|vpou Ibe 6rsi news of n hat is done here. 

*2U All officer, &c« to go to Richmond, and 
at the exact hour of nine to seize upon prince 
VnUy Man, and brintjf him away to 8oulhwark 
Ui some particular plat u appointed, where an 
ai^eni from the general mu&t meet them with 
his furtlier orderi. 

8crj* Pengeliif. We read this as an ev rdencc 
liat cannot be mistaken, which is all of his 
vn baud- writing*. 

AU. Gen, My lord, we apprehend that this 

imtirms what both the witnesses haresworu. 

[^ iievj, Pen^tUi/* We ftball now produce some 

ei fipts fiuh«ciibed by ilie name of James R. 

_ nd pray that they may be read, these were 

' kkewise among tho&e papers, as hath bctrn 

prored in the manner you have heard already* 

CL oftheCr. reads one of them. 
* I acknowledge to have received from 
♦ the sum of which sum 

P J promise to repay with an Interest for it Ht I he 
'rate of peraunnm. Ja:^ie«j K.* 

/*, C. /. They are not read as if proved, the 
lud is not proved, but as papers found on him. 

I 8oi» Gen. In my lord IVtston'i case, his 
1i»rdslilp was taken in the bold of a ship Iving 
upon the ballast, and Ashton there near liim, 
and between his lordship and Ai»bton was found 
lying also u^ion the halliist, a packet of papers 
\\^ -r^: ^ hton t:natched up, and put into his 
J 1 1 vv h e iicf ill ey wc re | inseot ly taken; 

iUi- ,.,.,, u hich appeared to he my lord tVes* 

biotrs, when he was spcictary of state, were 
Ibimd lying near to the papers. Upon this 
^roof Inose papers wet« read as evidence 



Trial of Chrutopher Layr^ 



[SIS 



against my lt>rd Preaton^ witlmal any proof 
made of tneir being bis band «^lang, m order 
to tbe reading of them. 

BIr. Hungerford* My k>rd Prest-ju was I 
on board a ship going to F « in i 

with England, these papers ^ i m{ 

bosom of Mr, Asbtoo, who was gning wiib bj| 
my lord endeavoured, so far as be 
throw them over-4>oard: Tbe " _^^ 
turn upon tbe papers being writ bjf fl^H 
Preston, or not ; in my lord Preston's cSSSf 
papers contaiDe»d a diiicovery of tbe 
of the fleet and garriaons of EngltBii 
France, in order to enable France tof8«aile nsj 
it signified notbinff who writ the 
crime was ibe ljaviu|^ ibfm, ki 
ctioicuts f>f (hem, and endearouriog 
them to France, so tlie circuii^tancai of my 
lord Preston widel v diifer from ibia. 

Mr. KeUlbey. I he^ leave to meatioo 
ther thing, there the papers were fouod in 
custofty of my lord Preston ; herif ihvy 
found m the custody of a third person^ v 
evidence we shall controvert by a numljer of 
witnesses, w hen it comes lo our turn. 1 be* 
lie ve it will appear that some of the papers wera 
found on the table in my lord Presto n*s caaCt, 
and others taken out of bis pocket. — 

Sol. Gefi* No^ they were first found 1] 
on the ballast. 

Mr. Ketdhty. What were found on Af 
and liken out of bid bosom, were seen 1;^ 
on the ballast ; but there were otber }n| 
icized at that time. 

SoL Gen, Tlicy were the same papers 
were afUrwards taken out of Ashton*s ' 
which w?reread as oviilence against my lonl 
Preston upon the circumstances I have men* 
iioned. 

Mr* KtUtbty. As I remember, some of tbea 
werti found on the table in the cabin. 

Just. Eyrt, ^io, the^^ were on the ballaat Ja 
the hold of the ship. 

X. C, J. You say that they were found in 
lord Preston^s po^ ess ion, and iKit in the 
session of Ashton ; you say my lord Pi 
bad no counsel, but you know ii is the 
the Court not to sutTer auy tbiug to be 
evidence thai ouglu not. You say yi 
controvert this matter, and give an answer to il, 
^md thntit appears they \iere not in his cuj 
they were taken out «f this witnesses c< 
and under \\\^ seal, aud thei-efore the diffei 
it makes i«» nothing at all. Besides, the pi 

in my lord Preston's case is not so stnnig'^ 

the proof of the scheme against the piisonefi 
because the scheme is proved to he his own 
hand \vriting, v^litch was not in tbe caie of my 
lort) Pieston. 

Mr. Ktteibetf. 3Iy lord, will not your lord' 
ship think it necessary lliat they give further 
evidence that they are his papers betore tl 
are read ? 

L. C. J, riead tliem. 

Ci. qffheCr. ^* I acknowledge to have t«^ 
ceived," ^c. h«re are ten of ibem, that are 
same. 



ffIS] 



for Hi^h Treamn* 



A,l>. 1722. 



fSI4 



6crj« Ptngeliif, Mr. Sfanyfto^ ^o yon re- 
••iBl«tr «»li«ther uny r|iii*HtiotiK were a&ked him 
rilli rdflliofi tfi ihci&e rtf^eipi ,.> 

til. Wliat I recollect is this: upon ilie 

J Mr. l*aytT ibf tneaijiutf of tho^e 

rmtiett by Ihe PrelftwIiT, ami vUiat iis^ 

iortbero, be said, ^* that fKirmirtlietime 

tn««i At Rome, he hnii ftetiled a corresprMi- 

4mim vitit sir Willmm EHi^ nnd some litiie 

whrnwrnim be writ to sir Willi»Ei^ EWm acciiril- 

la^ l» flie clMt-cljoiis be (pive Umu axid lie told 

luiiWAf Itc could send any recei|>l» sigucd by 

lifywty, or the kioff, as lie called him, bV 

Him^ motir y mi(;bt oe rai8e«l iipoo lljem for 

flnyjo^ iio the caiij»e,^* these were tbe \^ ord^> 

aiMarct I ran remcmher. 

Jlir '' - ^Tr, Delalaye, «a^ you b\ ? 

Mt It was for mibitit; rn'^iipy ^^ 

firn v'fj i.i^ oause, you iiieati &ir Willmiu 

tMit e»v*e f-^S/anvan. No, Sir. 

Nt iittn^ctjh/d. He ucknovvledj^d to bave 
f«0fi4 ttnem from sir WiUmn) Elbsf 

SUnvnn. Yes. 

Mr Vou saiil he owned be bail tbem 

ftni V lu Etlis, havings fiptllt'd a corres- 

■HiliDti wtlit Uinit that money might he raised 
M tbckv to carrv oil \m cause; he told you be 
U tMrnusM 10 ^Q for sh Wiiham EHis ? 

fifiiip^«si. No. 1 know notbiog^ of sir Wjl- 
fijin r ^ ' ic^ess, bul that he had appoitited 
li <U) ith itirWdlinm Ellis, and sir 

ii\ c^jnH i;r'^v^ tiitu bis address how to di> 
t biin, «iid he acknowb^Iged to bave re- 
I a letter or tetleni from »ir William Ellis, 
m Miut: of ^ones, and that be writ to hitn 
s*^*"- *f^ th**m, * 

[r A re you sure as to those words, 

Qii MurpoTi of tliem ? 

St^tyan. I thitik tbey are near the words, 
bwi. I till sure Ibev are tbe ]iur)iort of tbem. 
Mr, Ktttihey^ Was it reduced into wrilinir ? 
Simnytin. It was reduced into writing in this 
■ttuoer* It was a fery lon^ examination, 
iloal foor or Bve hours. 

Mr. Ktieihey, 1 ask you, whether it was re- 
kaeei itito writiog^f 

Sitn^n, Yes, it was ; the lonls sent to me 
toaflial Mr- Delafaye, upon Mr. Layer'b bebg 
auDMied i Mr« Detafaye took the heads of the 
i prupouodei) : and I sat near tbe table, 
Qfer Mr. Delafaye ; attended to the 
and answers; so that we ooold set 
I aiMlther right wbeo we came to coniiider 

Ir. Kcuihe^. Tbia you wrote, was it read 
rif> the prisoner?' — Stanyan, N<j» 
Hr. hciciUy, Do you be tie re tbe priBrmer at 
""" you write? 

. Yes, I bebefebesawus write. 
Ir. iCetelifey. Do you beheire be thoug^bt 
ttj |»c-r%ofi was ukins^ his confession in writ- 
rngt'-^Sianuati. t think it cannot be otherwise. 
Ilr. Keiethey. I ask you, do you bebevethat 
Ur. La^er knew that you was taking his cod- 
i^i^Bfiat that time? 

Simmjf^n* Tbe lords spoke thus ; Pray, take 
Mtke, anil tbeo take dowQ sucb a tbiog, and 




I such a thintf ; ami T believe ftlr. Layer heard 
Ibem savi Take down that, ^ind take down tbtt, 

!Vf r. ^ttcthcy. WnA it e?er known for ont- to 
lake dnwn the questions, and the other the an- 
swers; and ihpn to compare tbem together, in 
order to make a confession ? 

St any an. No ; Mr, Delafaye wrote down 
tbe 4|uestions and answers. 

Mr, Uungerford. How was the position of 
Mr. Layer, wii'li respect to you ; was your back 
orftice towards him ? 

Stc^iiytiH, tt was on one side. 

Mr Hungtrford. Was you in the room when 
Mr. Layer came in tirst ?' 

Sianyan. I wfts, I called on Mr. Layer by tbe 
lords' order. 

Mr. Jluti^terford. Was it ever read to bim ? 
- Sianoan. No. 

Mr. Hungct/ord, Was it drawn np in form, 
so tljftt you inrght call It an examination ? 

Slufiyan. I will ttM you what we imder«ilooil 
by it ; it was the minutes of an exammatioii to 
be drawn out in form : but the lords finding 
Mr. Layer not so candid and ingenuous as they 
thought he would hare been, did not ask huii 
to sign it ; ai^il we only make use of it to te* 
fresh our memorie!». 

Mr. Ketrthey^ If e calls it an examination, 
and it appears by what Mr. Stnuyau saitii, ibat 
be and Mr. Detafaye took it ; onet^ke^ont 
part, and the other takes another part. 

Soi, Gen. He did not say any such thing, 

Mr, KeUii^y. Hii confession was in^fer 
read over to bim. 

SoL Gen. Mr. Slanyan, when tiie lords 
directed Mr. Delafaye and you to write this or 
that particular thing, was the prisnnei so near 
that in your apprehension be might bear their 
lordships give such directions ? 

St any an. Yes^ he was, 

Mr. Hungerfvrd. Sure tbey are not contend- 
ing, that any confession should affect a man^ un- 
less it was read to bim , and it ought to he signed 
by him ; my lord, the man ts no way answerabtsT 
for an)' thing taken in writing, without bis con- 
sent or privity, in a criminal case : it is called 
minutes, or an examination, which tbey migbl 
enlarge a?i they please ; therefore we humbly 
submit it to your lordship, whether it ought t9 
be offered in evidence at all as a confession. 

Mr. Kctelhcy. What w ill be tbe canse^uence, 
if tills be allowed here? Is a person to be con- 
victed of treaion upon a confession taken, with* 
out its being read to btm, and %vitbout his sign- 
ing it ? A coufession to a justice of peace in 
cases of felony, unless read to the party, aiul 
signed by him, must not be given in evidence. 

Ir. C. "J. Mr, Ketelbey , you seem to mistak* 
what it ii that is contended for by the king's 
counsel : they are not goin^ to offer any thing 
to be read in evidence ; your object ion would 
prevail, if tbey were a going to read a confes- 
sion as evidence, which was neither read to 
him, nor signed by bim ; but if there is no exa- 
mination reduced into writinfiTt and signed by 
the party, tbe consequence of that is, that Ihe 
witness is at liberty to give an account of wbal 



I 

■ 
■ 



I 

t 



J 15] GEORGE 1. 

was said I and be may look to his D^tes to re- 
fresh his memory : it' you will siy, it is uot so 
great au eviilence, of so ^reat \vetght« as an 
examination taken, and tiigned by the party, 
there its some room left, some foundation ca 
ail n pose the evidence may he mtstakeo. 

He asya» he was examined l>efore the lords 
of the council ; and he took minutes of hia exa* 
tniuatioD : and atierirarda lo refresh himself, 
be looks upon them and aays^ he heJieves that 
ti the substance of what he conj^ssed at that 
lime. You say, there is no precedent for it ; 
for God^B sake ! recoil ect yourself, it is every 
day done at the Old Bailey : if a person con- 
feBsetl), and it he not in writing, they do prove 
bis conft^ssion, viva voce, 

SoL Qdn, My lord, Coleman's case, which 
was during the time tlmt sir William Jones waa 
sttOFoey f^enerat, went further than this: there 
his letters were laid in the indtctroent, as the 
^ery overt act of the liig^h treason charged 
a^siM^t him ; and yet one of those letters wa« 
nrored hy hi^ confession^ u|H)u an examination 
before a committee of the Houie of I^rds $ and 
that confession was proved, viva voce^ by sir 
Philip Ltoyd. 

Mr. Keulbeif. Whether that case will be a 
prt'oedeni f 1 never beard it so reckone4l. 

Mr. Hungerfard, And 1 ho[te it will never 
lie one, 

Mr. Delufa^t sworn. 

8erj, Che%kirt. Mr. Delatave, pray give an 
account what Mr. Layer declared before the 
lords of the council concerning' these receipts. 

jyclujayt, The account he jjave 

L. C,J, Mr. Delafaye, yon was present at 
Ihe time of taking: this examination ; you say 
you took minute:* in writinjp;' ^ you have told us 
the reason why it was not in form, and read to 
Mr, Layer: if you have not already done it, 
you may look to your minutes, and refresh 
your memory ; ihut which the Court demands 
df you is, what Mr. Layer did c^infess ut ihe 
time of his •xamiuatioQ before the lords of the 
council. 

Delafaye. He told the lords, that he did 
write to sir William ElUa, that he would send 
over some blank roc^ipta under the king's own 
band, that might be made use of, tor the carry- 
ing on this cause : that he did receive such re- 
ceipts, and his intention was to have tried his 
friends, and to have raised money am those re* 
oetpts. 

8i»rj. Chtmhirt. Did he give any reason why 
bf wifnt into that method ? 

Dfitifaye, For a precedent, he said, a little 
before the restoration of king Charles 3, a me - 
thoil of this kind had been used. 

Jtt, Gen, iVIy lord, weshnll now proceed ta 
read the letters ihat were sent and pasted be- 
tween tbem^sir William Ellis and Mr Layer: 
biii ti will be proper first to lay before you the 
cyplicfrs which they made use of to explain se- 
vermi cant words and expressions, which they 
used in their I tetters. 

L* C. X Were the cyphers found among 
Hr*L«jer'spftpciif 



Trial qf Christopher Letter f 



[S16 



a great deal of pH 



Alt. Gen, Yes, my lord, 
Serj. Cluihire, Pray lead N». 38* 
AH,Gttu I dcm't know whether we 
trouble your lordship to read the whole cypbcr; 
it is very long ; but %vhen %ve meet with a word 
in the letters wfiicli wants ex|danaiio<k* we may 
have recourse to tht; cypher* Read the Idler 

CL qf the Cr. reads. This letter b i 
Eustace Jones, &c. 

"Dear Sir; 

** I received with 
and satistaction, a letter 'of the 2irh < 
her, from my worthy friend, wttli all i 
of \m safe arrival, of which I uaii in some 
dtiubt before, and in no small psun oo that ac- 
count : I easily conceive he must tjf^cdi liiv« 
had a great deal of business on his retitm, as 
well of hh uncle's as of his own ; and there- 
tore, I don't think mucti th.it 1 tic^nl m 
sooner from bim, believing he wa?« much bMlir 
employ^t ^nd that busioets b to be preiWi^ 
before comphment. 

♦* I was entirely of his opinion as to the me* 
thod of carrying on the maniifiietoiy ; the pro^ 
curinq;: of f^ood workmen, is the first step to be 
made, and if he can get such, the rest will he 
easy ; and particularly if be could giitn 9oin€ 
of the ablest of Mn&. Barbara Smith's, 1 knofr 
it would be very agreeable to all conceroed* 
and particularly to Mr, Atkins, to whom bi 
spoke of writing; and which, I am sattslled, 
will be very acceptalde i and if he thinks fit lo 
inclojie it to me, I shall convey it safety to hji 
hands, w ho, I find, was very gliii to bear of 
him, counrs ?t;ry much upon his frieiidslii|r, 
and hopes for the coutiouancc of if. 

" I made his compliments to Mr T;f..«»«t^* 
Watson ^B wite, who t<Kjk them ver> I t 

returns hers, with her most homtk :_:_,-, 
She and her charge are very we(l» Oi»i he 
praised, as are alio all friends here. 

*^ He having read uver several tinirt the 
paper 1 shewed him, and having a gtood fite- 
mory, 1 dou*t think it necessary to tend % i 
of it. 

** I am with great esteem and respect, 
most entirely, dear 8ir, your mftst atfectiontli 
most humble, and most ol^edieut servant, 

** El'stace JoTMtt,*" 
*' January 30ih. For James Foun- 
taine, ^W{, lo be leJt at HowelPt 
cotlee- house, to Great Witd-sltvet, 
London.*' 

Att,Gen, Your lonkliip is pleased 
member, Mr. Stanysn satd; that sir Will 
£lli.*« was to write by the name of Jiiiitaa* 

Stan^^an, My lord, he did suy, that he I 
received a letter since he had i^etlled a cu 
jHindence with sir VVthtam Ellis subsciribcd I 
the name of Jones* 

AtL Gen. la the cypher air William Ellis m 
calle^l Jones, 

CI of the Cr, reads. This letter is signed 
Eustace Jones, dated GOtb Januaryi no yeftr, 
*« De^ ^^ 1 ttoeivedt" ^c. 



i 



Jqy High Trtti^tmm\ 

Your lanJsbip will be pleased to 
\ «X|M^MstonA iti ibU leiier, the |iro- 
Ffvod worktDefi : now look in the cy- 
\ • ttdUlicr^* are meaut by * workmen / 
ry* MiiDijt) ibe cyjiliera; bui I 
Uir whftt tiijitiutkctory tbev wanted 
^ to r*i%e % n bell ion* ^he ablest 
rfi«ra Hmub's; look tor <ai my* in 
soil you tvtll Bnd, that is siguiiietl 
It vvUl be %ciy acceptable to all 
' : ii !,irly to Ml. Alkiuit ; in 
rreteniler.* Compti- 
l.iii.fiu^ Watson's wife; look 
plicr«, null * Timothy ' stands for 
wlii*»e wile is nurse to the Pre- 
Tbift letter id directed for James 
**4^. to be left ut Howell's coflfee- 
Vdi|.5U-eet; nud 1 obser?e, 
the prifitmer %vei}t by the 
Nil. \% sre six ficliuous 
V to them: Read it. 
l^fAc CV« uads No. lU. 

* Digby Dillon. 

Urrrry Burtbni, 

Ri^nt - S teel » 

I f«— ^— Tannen* 

.:^^. WngglU 

Uogcro—piunkett," 
,'Of». Hriid the letter No. 40, 
f/ jdi, Hi^edN*adaledthe 

rrr'TiH wIlU all possible mitisl'jictian 
D»- i:*telHier of mh May, with 

*^v I was prenentty deliveretl to 

^ bu took it extrcTiii* kindly ; but 
^ uiidiT&t^nd wlMit relates to Mr. 
n : ntir answer to what I 

^Ur . last mofitbf may soon 

t iiii¥e lieen, by what t then 
•ritier CJitne sate to liis baiMls, 
„..>^ ..) your not having- bud a dis- 
•f Ift It : he liad the diiK^kinsjs yoa 
.11. arid returns vtHiinnny thanks* tor 
itl other marks of your af- 
■\ for him and bis, and triU 
\^*i thereof on all occa- 
i expectation of heariDj^ 
• li, i&iid am, with all possible 
ITI, tJciir Sir, your most faiiti- 
.lant, N.C/* 

'» e?M|. to be 
, roH'ee* house, in 
<'et, Lmdon,** 
?rx UKiriithat N.C.F 
, Ci£^ A^ J ^^^t^% we do not know^ tt is 
I Wmmimmu «iq« Mr. 8i. JoHn 

1tr« B«diit4 ftpy^eart to atoftd for 
I CVss^ in tlio iilllfl C7pl««T. 
iiiMiii«gr^«^ Li>#kiiit«ifc.pajieni>pray, 

KjtmI iImb ii£iirr N«. 41. 

r CV This is dat«d thi* STth May, it 
MJMniVf isordtr«(rt«d t4» any bcidy ; 



^^^ A- D. 1722. [218 

'* Dear Sir ; Mfly St. 

" I receii ed wttb ■ great deal of pteasuret 
tbefaFourof your nio«»t oblig^ing- letter of 2^d 
March, with an inclo'ied for our friend, iiho 
was \^T^ [^iad to bear from ^'ou \ anil is ferjr 
sensible of, and lakes very kindly the care you 
lake of bis lutle concern there ; but aaya, be 
doth not sufficteotty understand the state you 
sent, so as to be able to make a particular ao- 
swer, till you Khali furlher explain it ; there 
being some tenauis^ mentioned by you, whose 
names be dfies not liud in the reutai, as Bur- 
ford, 8teel, Dij(bv, tbe little soldier, and SioH 
moadii; the latter, be beUevcs should hm 
Simmes, be is of the North, a grey haired 
ancient man, whom he very \tell remembers^ 
and bas a particular esit-«m and value for, as • 
very g;^oi>d tenant, and a very honest man. 

'' All friends here are in perfect good bealtliy 
God be thanked, and remember tbemteUe* ' 
kindly to you, and 1 am most entirely, 

'* Youn, &c.»' 

Sol. Gen, If you look into the cypher yoii 
will tind lieui&l stands as tbe fictitious name lor 
the cypher itself; Burf Jrd stands for tbe lard Or- 
rery ,^Steel Ibr the Regent, and Digbv for general^ | 
Dillon. Sim mona, be believes should be Sim mes, 
butSin^monds in tbe large cypher is put for lord 
North and Grey, and who is meant, apjiears 
pretty plain from tbe cant which follows. '' lie 
IS of tbe North, a grey haired ancient man, 
whom be well renieniberii, and bath a particular 
esteem and value tor, as a very good tenant, 
and a very bonsat man.** 

Att. Gen, Look for Simmons in the cypKer, 

Mr. Hungerford, I can make one observa* 
tioii, that Mr, Harcourl is very ready at* 

CL qf ike Cr, It is alpbabeted, so that it b ^ 
m^y to look for it. i 

L. C. X What use do yoii make of tbea^ 
letters? 

Sol, Gen. The use we make of tbem is t^i { 
shew that Mr. Layer, who took on bim tbe \ 
sham-name of Founiaine, by wbieb iiRinesc 
of these letters are addressed, had a correspoii-i ] 
dence with the friends of ibe TVetender it' 
Home. Tbai this corr^i^ndeDce related to i 
coni^piracy, wbicb Has fanDedand carrying oa ' 
bert; ; and it appears, they look upon ilu in \% 
mention Aeveral persons of distinctiim under % 
ktQ4l of jargon. 

Ait. Gen, The first letter wherein is men* I 
lioiied tbe carry ini^ on the manufactory, the I 
procuring good workmen, and particularly, if J 
he could gain some of the ablest of Mrs. Barw j 
bam Smith s, and that it would be very agre#» 
able to all concerned, and particulat ly to Mr« 
AikhiH, which istlie iwime for the Pretender | j 
ahevrSftlmt tbe ngentsof tlieprelender nt Uomayj 
iMbd laid desigiia u procure s«4dters, and tbo&e^ j 
if pOMolhle, out «4' bisoti^ie<sty's lr«>op«; which ( 
lalis ill wilb the e%iden('e we have given of tbsJ 
prijiuuer*s endeavours to get aokliers aad ser 
jeaMts oifl of tlH; aroiy. 

Serj. CkeMre, it mhj aot be iaapreper, ' 
siuce we have explained itp to lay belore ycm 



S19J 



9 GEORGE I. 



Trial c/ Christopher La^er^ 



[220 



the list of several |»erson8' names that are in 
the ami}*. Pray read No. 7, oul of ihe large 
4>ari<llc. 

CL of (he Cr. reads fi List of oflicen:, names 
Willi marks iiml numUns tu some of* them 

Att. Gtn, We tliit tnenlion before that there 
were ihe n antes of »e?eral j»ersor»8 of fery 
great bttnouraitd loyalty to his ninjcsty ia some 
nf tbehst^; but this is' to shevr, that tW pri- 
soner was consuUio^ how he niiijhi gel an ac* 
count of the aumber of the lorces; as bow 
many colonels^ how mauy captatos, and how 
'luaoy soldiers there were in tlie g^unrds and 
0tlier troops of his majesty. Bend No, 5, in 
the hrge bundle* 

Cl.qfihtCr, reads No. 5. A List of officers 
4)f the second , or Coldstream regititcnt of gnnrds. 

Ait, Gen, We make the s;icne use of itiis to 
•shew, that he was searchio^ and examiub^ tu 
get an account of the guards. 

L*C. J. I suppose he is taking a surrey of 
the persons thai were of the guards, that he 
inighi be capable of makint( a judgment. 

AU. Gen. Yes, my lord ; and to know 
tbeir strengib : Look out No. 6, in die large 
bundk;. 

CL of the Cr, reads No. 6. A List of offi* 
cers in the first U<\*\\\ (»f horse-grenadiers, the 
names being distinguished l)y dilferent letters. 
No, 7. out of the same bundle, A fist, &c. here 
are eleven of them put duwn. 

SoL Ctn, Read No. 8» in the large boodle, 

CI. ofiheCr. rtadft No. 8, A List, cSrc. 

Alt, Gen. Yoiw lordship will obscfve, that 
I this ii a list of some persons* names, and the 
tiumbers of horses and men they were to 
, jirovide. 

X. C* J. You Hill have this to import an ac- 
count af what quotas ae? eral persons were to 
find. 

4'^ Gen, The last was read for thai purpose : 
Bead No. 15, in the large bundle. 

Cl> of the Cr, reads No. 15, containing 
dtfers nameSf with numbers set against some of 
Ihem. 

Seij. Ptngell*/, Read No. 20, SI, 29, 83, and 
S4,in the large bundle. 

CL of ihe Cr. reads No. 30» containing a 
list of the great officers of the Tower, No. 2 1, 
«ontaiuing names of ofticers of the second 
troop of horse -giiards, second troop of horse- 
frrenadiers, and ibuiib- troop of honie-guards. 
No. 2!it, containing a list of names. No. 2:i, 
containing names of officers of the first, second, 
third and fourth troops of guards. No. 24, 
containing the names of two officers of the 
borse- guards. 

Ait. Gen, Ijook upon that list, No. 21, whe- 
ther there are not some private marks u^mn it. 

CL of the Cr, Yes, here is upon one of them 
m dot, and on the other side there is a dot ; and 

two or three places some men marked and 
^«roii8ed. 

Serj. Cheihhe, Read No, «5. 

CL of the Cr, read?* So. 25, containing a 
' list of officers, five of thtin marked to be *' not 
bad/ 



ftfr. Reeifie, Are the words * not bad* of tha 
same hand-writing f 

CL of the Cr, Yes, it doth appear to me l« 

be so. 

Hjrj. Penget/y, Read tbc'tille of No. 22. J 

CL »fthe Cr, Here arc a great tnany ] 
pleV names, with murks tipoo same, aud t 
upon others : upou one of them is writ*! 
" liain Johnson, to he gained.* 

8erj. I*cnfidhj. Read No. ^T^ 

CI, of the Cr, reads, A List of the i 
men I of guards ; against sereral 
names are dot^ and mai ks. 

8erj. Pengctiy. Re:ul No. ^^ . 

CL of the Cr' read's, A Lbt of the i 
the Coldstream regiitic iit of guards ; and a Lilt 
of the officers of the Scotch guards. 

&»/. Gen. Read No, :^5- 

CL of the Cr, reads S^, 35. A Paper. 
tain in g ati account of the numbers ol the ^ 
cers and soldiers in the first, second, and l' 
regiment of loot guards. 

Strj. Pengdly. My lord, we be^ le 
ask JVIr. Deiafaye and hit, Siaograo in 
three questions, to support the evtdi 
Mr. Lynch and Mr. Plunkett, in rela 
some particular facts ; whether at the tin 
the examiniition of Mr- Layer belore the I 
of the council, any thing was said of 
Layer's being at Rome ? 

Mr HuHgtrfard, With humble aoboii] 
Mr, Laytr*s being at Roaie, and correaponj 
with the Preteuder, (if he did so) is made 
son by another act of pmliumf nl, not by 
act of parliuinent upon \i/hich he is indio 
iherefore, whether he was himself at Romd 
corresponded vrith the Pretender, canii 
ofTered as an evidence of high treason up4Mi4 
indiclmenL 

8erj. Pen^dly, Tt is only to shew tb€ ] 
babihiy nfhis receiving those receipts. 

Mn KeieUey Since we did not know t 
thing of those papers, we could not prop 
make our exceptions against thetu, till 
heard them read; and now, if ihey proved 
thing, it rs the liolding correspondence witf 
Pidiender : but that relates to another lat 
of parliament ; it is another species of tre 
and the evidence wbicU they would ^t 
confessiuu, viva voce ; they say, it m\ 
6U|)[iort these papers that are read ; 
make any objection to a paper which wfil 
know nothing of? 1 believe few in the r 
know what the meaning of these papers I 
now they are read ; for my part, I know 
little of them ; we apprehend^ that Inste 
being allowml to support this evidence, I 
proving a foreign correspondence between 
Liver and the Pretender, by the name of ] 
James, which is made treason by a pafli< 
act of parbimient ; Ibey ou!>ht rather to 
mdictetl lum upon that, than endeavour 
support their defective proof by giving eviid« 
of an oAence, which may be matter of anoi! 
eni|uiry. 

Attn Gen. My lord, we apprehend a proof, 
tliai the prisoner was at Rome^ and bao c 



ei^ 



1^ 



Jot Hi;;h Treaim* 

I Pretender t will be very pm* i 
ie, and explain I he Mvi^u-rrf^ | 
vep hy the witnes^^' 
amt Vir Wilhaiii La - ..■ - 
^naac^er ; and for tbose porposes we 
mm 9f it. 

Though we apprf bead we have 
9 ttxtrenwly strong ali'eady^ yet 
hmm heeti opeued m^y be ofTeretl by 
coaEmiAtian : notwithstamlin^ 
wbicfa IB made, that we are at- 
e €f idenee of another kind ot' 
[|<^ed i»i \hM indictment, vet we 
Ui«t it is proptj- here, as cjrcum- 
uf tlj€ treason which is alleged, 
a conspiisry enl^red into bc- 
fftiitleman mul taiivr^, to bring in 
kreiirr, and levy war for tbnt purpose ^ 
1^ iftolea aiirnc'l innip^ T^ iitiwh he re- 
101 sir Wii at the 

r'»««)tirL N ing, hy 

ibat tlie piDioni^r was actuaJly at 
iBtl liaid pc*r«onai conferences with the 
r biaifteU'; tUat^ surely, must be ad* 
W m luaterial eircuui&tance to support 
nf iJince other facts, Hje^f leave to 
M it haa been held, even since the stat. 
r ^ctfi of high treason, not laid in 

may be given in evidence, if 
iTicti ic» the proof of some oven act 
tbvre laid. 

C^cmMtc, We apprehend your lord- 

twieive evidence of the same kind of 

n \i.s, < r 't* Tr»..- In nrder to prove the 

d and conspired 

, place him upon 

r did correapond with his mi* 

^iiabebad aocesa to the i'l'etender him- 

I aai he did own it. That wc iippr^hend 

J a ilap higher, somethin;^ further than 

/badmitlMl; and if it t« proper e?i- 

^thrra ia oo rctaoia why it shouid t)e re- 

^^^^.^ It b Imef we have not indicted 
IwUlMaDfiabto eorreapundeuce ^ith the 
p Ibiercibre they object, we cannot 
"ear any tuch correapondeoce upon 

■•a« humbly apprehend^ every thing 

l^atn^anrtr (hai Hill ^Ain creilii Ut 

l^ proper evirleiice, Jt 

tlint a ectuleuian of 

» «4 lilt U\r Biiituld enter into this 

' deiigij^ which \h exprcasly i^worn 

*o*ii»o itiinciwe*, whose creilitthey 

J^^P^ii ; therefore we humbly otter 

*~ Bittal evidence. This sjen- 

V from hi» pi-ofes§ion, hath 

rkiodty ' 

' «^i^aianidei :> 

^^ JH'»Cf*^*t"f irtii>isi.i.^r> : 

*'» I e cr^nht to 

Jt lia .. ^,.^i. J* ^otitive ^it* 

^•**^ thiok tl proper, and sub* 

**^^ fi» tui, thty art not g«- 



A. D. 1722- [2«2 

iii^ upon an evidence of a new overt a«t *if 
trea^ion ; the ovcii acts are ron^^ultingf ad* 
viiiing, and a^jreeing to raiae a rcihellion. 

Mr* Uun^trjotiL I humbly beg your lord* 
ah in's pardon. 

i, C* J» If von will not hear me, you will 
teach me not to hear you, 

hlf, Hungerford, Sly lord, I hope we have 
a right to reply. 

Mr. Wtit. Upon the first letter of sir WiU 
haul Eilis's he congratulates him, as hia friend, 
on hia safe arrival. 

IVfr. HungcrforcK My lord, I beg your lord* 
shin's pardou ; 1 am in\he service of my client* 
anj in endeavouring to do him service, I am 
verily persuaded 1 shall not offend your lord- 
ship : really, for my part, 1 cannot satisfy my* 
self that the evidence which they tender to the 
Court is a proper cf tdence. 

This gentleman is indicted upon the sta* 
tutc de l\oiiitionibus, 25 Kd. 3. The overt 
acts laid in the indictment are, his coni; idling, 
conspiring and agreeiu'^ to raise a rebellion, 
aod to levy war against (he king, <^c. 

There is an act of parlcunent in the la^t year 
of king William, thereby the Pretender m at* 
tainted, which makes corresponding with th# 
Pretender, or any of his oilherenls high treason ; 
and when any man commits thai particular 
treason, he ia liable to be taken up and proae- 
cuted for it. Now, mv hird« shalj I hey be ad- 
mitted to give an eviJi?nce ol* a treaMin com- 
mitted in breach of one act of parliament, when 
they are prosecuting him upon another ; they 
may as well offer evidence against him lor 
counterfeiting the great seal, or clipping and 
coining, for the sake of evidence : we ho|ie tht« 
practice shall not be allowed; if they are so 
full of proof (as by their o^^ening they seemed 
to be] which by the rulet* of )uw can reach this 
man's life, which 1 cunnot yet see, lei justice 
t»ke its course: but we humbly hope they shall 
not be permitted to give evidence of facts which 
are entirely foreign to the present aecusatjon, 
antl can be calculated fur nothing but to capti- 
vate the jury, by acquainting them that the pri- 
soner hnth been at Home. Hut if the kind's 
counsel will htiveit etfertually published thattlie 
prisoner hath been at Rona\ let them consent 
to have him found not guilty upon this indict- 
ment, and let hitii then be prosecuted upon the 
act, for corrc!;pouiling with the Pretender, and 
see what will come of it. 

Mr. KttdiKi/. The act of parliament that 
makes this new treason is the latUaod ] 4th of 
king William ; which not only makes that 
treason which was not treason belbre, but puts 
it on « new method of trial in any county of 
England, vfhere it is laid. Now they would 
gi»e iti evidence a fact, which Mr, Serjeant 
Cheshire says is evidence of the same kuid of 
treason^ though in a lowt^r degree, and onifbl 
to he received to prove lb*? utrtt ucU of vm\* 
suiting and conspiring to restore, oiid bring 
the Pretender to the throne : As to tha evi- 
dence that hath been read, we could i»ot liate 
objected to the papera, became we did not 



9SS] 9 GEORGE I. 

know what they were, nor whether thfl¥ re- 
lated to a foreiga or domestic oorrespoiideiice. 
Now, because they are read, as heinir fouod oo 
a person to whom he gave them ; shall they, 
to support a treason o? compassing and ima- 
gining the death of the king, give erideace of 
corresponding with the Pretender ? 

My lord, I do not apprehend the .king's 
counsel have given us any manner of answer ; 
and therefore shall not take op any more of 
your lordship's time, by repeating m a reply, 
what I offerefi before by way of objection : I 
rabmit it to your lordship. 

L. C. J. Sure as this evidence is offered it is 
very proper; consider, in the indictment the 
ofert-acts are, meeUng, consulting, adrising 
and agreeing to raise a rebellioD. The next is, 
pabliminif a traitorous libel, in which rewards 
are promised to those that would assist in this 
rebellion ; a third orert act is, the enga^ng 
and listing men for the senrice of the Pre- 
tender ; a fourth is, a designing to depose the 
king ; and another is, to set up the Pretender 
on the throne : Now, consider, if they have 
not given an evidence of these overt-acts, whe- 
ther sufficient or not, that must be left to the 
jury ; if they have given evidence of these acts, 
a design to set up the Pretender, and to depose 
the king, &c. 1 f they are not proper to shew for 
this purpose this gentleman corresponded with 
Rome, was with the Pretender, then lettere 
sent from sir William Ellis to him : letten (ac- 
cording to his desire) purporting receipts for 
■urns of money to be signed by the Pretender, 
as a fotindation to oblige him to make re-pay- 
roent: After this and these things have been 
offered, is it not proper to go as far as tliey can 
on this head, and shew how far he hath been 
engaged with the Pretender and bis accom- 
plices f Sure it is proper, as a further evidence 
of these overt- acts. 

Do not trouble yourself as to that, no use 
shall be made of that, to charge you with the 
treason made so by another act of parliament, 
about corresponding with the Prt tender, for 
evidence it is proper here,* and it neither can, 
nor shall be made use of to any other purpose. 

Mr. Reevt. Blr. Stan van, pray go on, and 
give an account of what he contessed, when 
examined before the lords of the council about 
his being at Rome. 

Stanyan, Mr. Layer did acknowledge he 
had been at Rome, and returneil from thence 
in July 17Sl,hesaid he had had two confer- 
ences with the Pretender. 

Mr. Ketelhey, 1 think Mr. Stanyan said, he 
had taken minutes of his examination ; I had 
rather see the minutes than trust to his me- 
mory. BIy lord, in the trial of the two Bailiffs 
in this court, the substance of what the de- 
ceased said was reduced into writing; and 
therefore tlie parole- evidence that was offered 



to be given was rejected, f rabmit it to yoar 
lordship, whether the rnio is not tlm anna in 



greater 



ly and anch 



bi**-' 



Trial of ChriHapker Layer ^ [224 

before your lordship. I have not the least 
disresp^t for Mr. Stanyan, and couM take hit 
word for any thing but my citent'a lif« ; there- 
fore, we hope he shall prodnee thoan salei^ 
which he hath referred to once or' twioe, mw 
he is |(oing to give a further aeeoont ii Ui 
examination. 

Mr. HuHgerford. My knrd, I waa noaiitl in 
that case ; the justice of peace who bad taken 
Mr. Lutterel's examination did not appeari aai 
that examination could not be had ; tacra wm 
a copy of it taken and produced, and pravad ki 
court to be a true copy, but y oar hwdaUp wmdd 
not let that copy be read, or the subject 
of it to be given in evidence, unicaa tlM 
examination itself were produced. 

L. C. /. Mr. At'orney, von hear ham tha 
matter is, Mr. Delafaye and Mr. Stanyan giva 
an aocount that they were comnnamM by tha 
lords of the council to attend and take mlniUrt 
of Mr. Layer's examination before them ; that 
they have those minutes, and have kiokad kt$ 
those minutes to refresh their memoricar W 
they desire they may be produced, do yaaap- 
pose it P Have you tlie minntea here f 

Si^nyan. Yes, my lord. 

Seij. Pengelly. Then may be a great wtrnf 
things that are not material to the preaentcain 
of Mr. Layer ; why shenU they have all thcsn 
minutes read P It is not for the sake of tb« 
prisoner at the bar, but for the sake of aonw 
other people, who may be listening here. 

In the case of Lutterel, there waa n o 
plete examination taken by a justice of 
peace : In this case there is no exan 
completed and drawn up ; it is nothing but nia 
oral confession, and amounts to no more. Tb^ 
minutes the witnesses may take in their 
as proper to refresh their memories. 

Att. Gen. Their desiring to have these mdk*^ 
notes read, is not so much for the sake of tkcfcr 
own client ar for the sake of other people. 

Serj. Cheshire. How the matter in that camito 
was 

L, C. J. It is enough, 1 only asked Mr. A%^ 
toroey General, whether he thought fit to eaaaa^ 
sent to it ; and without his consent, we are ^4 
opinion, that they cannot be read. 

I asked Mr. Attorney the question, and mrai 
not aware of any ill consequence. 

Mr. Attoracy says, the minutes refer to ^M 
whole examination, ami to a great many cvChM 
people, and it would he for the diaservice of ^^ 
king to have these things disclosed. Mr« M 
torney might have refused to consent wa^ ta^ 
giving a reason, but he hath given a g9f>^ ^^ 
son, and therefore will not consent that ll::a«y ■ 
read. 

Mr. Ketelhey. We do not consent t*» ^■f 
them, but insist upon their being read. j 

Att, Gen. We do not ask your eooa«n<* 

Mr. Keteibey. If you do not ask it, anor 
it, wo are ao far even ; bat I aasore yovs 
Ml. Ar .M ■ 



■nob^ 



y&r High Tnoion. 

> »liti rnitiutes Uketi 
^ tiiAtti!rs are out 
u> the xvorM* 
ofT ilroppf^tl, OA if 
9111 irr lor ttie stike uf 
HI, we t!oiiiruiri sucit 
of couiiyef tbr Uuit 
^ linn iMfth tiiii^ly. 
\m% we tMivj;nrtl cr>un«e1 for hitiif 
jr«u liB«l, 1 believe you would not 
til In 1 1 live Kjud to niucli. 
No« iDdeeil. 

:ciiy, x\Ip. SUnyonf plense to r«coN 

wliru Mr. Layt-r wu» exnmined 

lor^ii of tiiv coutinl« (it is to confirm 

tif Mr. L^Qch) any tLiiog- pwi9ed 

J. Biit before you was intendtng to 

^ J _• to Roiue, mid having 
' iiiler. 
r^j^v My krftd, iltut he bath taid 
N«»te I ii^k you what wds satd 
rdiliog to the drclanition ? 
TW kirdi t»ked Mr. Layer, >f he 
Ijf ih'rtjiration : he saiil no, he had 
lie drew htiotelf: 
t declaration waa, 
be baJi«ircd i>tie VV il>iiin tiad it. 

iiy. Has auy ijuestiona Mked 
M it^ffton* tliat had seeu it ? 
Ye* I be said the onJy nenont 
it was* that VViliionf oue Uilliam 
\fm iMO-jiiritiff iiart^on« umi fme Lynch. 
^ Bimfdly. VV here did be meniioD to 
h aww tt tii Lynch f 

i|f«i^ Oa hies way to mv lord North and 
•»«! tl>e Green Mhu at l^ppinif* 
i» P&m^tllf, \\^ ih^rii any thing* more 
y LAjfar, raUting to Ikiat journey to Ep- 
•lid wbatf 

•5«M. fir iiAjd that he went to my lord 
I attd Or^y '§, und dined at the Green Mao 
'•em I Ibini be carrie^l Mr. Lynch la my 
Will and Grey^ti, and recfim mended him 
}\mi Nfirtti mid Grey %a h proper peraon 
lia[y4i»^Mi. 1 think it was employed in 
MPKunn* or id any thiu^ »'lt»e, that hta 
ii^ibiiulii oonunattd him. 
It ttitlhrjf. If he i« not rertftin, I deatre 
^ pTDitiicii hia minutes, as be (fires bii 
e«ih hia inetnory. 



rl «.» I 
i ti*m tM «iy 

on for hvi 



(idi<d him oa a proper 
An uiKur'^etiUon, and 



that b 
3 hat Layer 
and Grey 
npt, 

• youaaid inan 

' ed or lhiMrg;ht ; 

' lio ofi, the 

an at the 

e» yon aay 

•ill as you 



A. D. 1T22. 1^226 

pve m povititre evidcrnce^ that thta was cocifest 
by Mr* f^yer. 

Siangan, i hnve r€'4?otlect«Ml the worda^ and 
Mr. Layer used tho^ie wortla, 

Bf r. KttfJbey^ From wtience ia it that yoa 
are now jso positive, and were not sf» at first f ^ 

Sianyitn, i did say the wordii »! hrsl. 

Mr. Kettibey. Elut yi»u said <t wiili an alle* 
▼iaiioo ; I deitire to know, if you are pouiira 
Iboae were the worda f 

Stanyan, 1 am very poaitiTe, 

Mr. Kcteibej^. And yet you were not posiiif* 
before r 

Siani^an, f did not lay I was not positif e. 

Mr. Hungcrford, Did you give your evi* 
deuce, that you was certain he t^aid that he bad 
recommended Lynch, as a proper person Ui bn 
eonceruetl in an insurrection 4nifeoeral,or only 
&a a proper per»)n to seia^ my lord Cadogaii, 
or both ? IJow did he ejirprcss faim*felf? 

$lanyan. 1 will telt yuu how tht; v^ordi were: 
Lynch iiaving told him he would seize my lord 
Cadotpin. Layer recommends Lynch to my 
lord North and Grey as a proper person for audi 
an attempt. 

Mr. Hungtrford* Then the insurrection was 
out of the 5^aae ; he was only recommended tn 
my turd North and Grey aa a proper per^u td 
aejze my lord Cadogun. 

Mr. Ktitlbcjf, I think you have repeated it 
three timea, and ihlferentat each time ; unw 
please to rectify your n^emory, and let \is have 
It BO aa it may be understood. 

1 must deoire it in this case^ my client is 
upon hia hf«>, and ho ahould have riij;hl, 1 am 
sure he will have it from the Court and iha 
Jury. 

We desire to know whether you give tucli 
an evidetice of this part of hi« confession^ with 
respect to [\\& rt^com mending IVlr. Lynch to my 
lord North and Grey» a2» you will i^iiind by i:* 

M r . Hu ngtrfitrd, M r . Stany an » pray*, give 
an account once for all how that matter was, 

Stanifan. J can give no other account* 

]Vlr. Keleihej/, lie hath vaneil every time; I 
appeal to Mr. Allorney, I appeal to your lord* 
abip, 

i, C. X Wherein it the variaiioa ? 

Mr. Kctnlbey, First he ncquaiutt you, that 
he coiifesiiefj/that he recommended Lynch to 
my lord North and Grey, aa a tii per«on to btt 
em I * ' ^e Uiitjks, or helitives. it wa§ in ait 
lu ] and then he sayii, he m ]»ositire 

thuk f.ir >< v.tanmended him to my loni Noitli 
and Grey, an one that Wtt» tit to he employed 
in an iiMUrreclion, nr>d »t last he aayat^ hf* was 
recommendvd by Mr, Layer to my h>ni North 
and Grey, as the tit per-iM>ii to seiace my lord 
Cadu4ran. 1 apprai to your lurdt^hip^a mm* 
luory, uind hia own oath, whether thiji wan nol 
so, and yet he ia poaittve of it, he in sure of it. 

L, C* J* Is there auy diderence in all thiaf 

Mr. Ketcllfey, As much as betw«eu being 
certain, and being uncertain, 

X. C. X For what ^ Vou talk of the vsrit* 
tion between an inaorrection and selling ttiy 
lord Cadogau. Tlie insurracttou was uanly %m 

Q 



I 



9 GEORGE L 



Triat of Ckmfophw Layer^ 



tie made on the fteiz'm^r my lord Cadograti, at the 
fame lime an to tkeilitate the insurreciion ; both 
•ware to go trigelher ; if he was a proper person 
to seizes my hird Cailogtm^ he was a pro|)er per- 
foil to be employed in an insurrection. 

Mr. Ketdbey. He is charging the prisoner 
vith his contessiont ami therefore^ I say, he 
liAlh mentioned it with two or three variations : 
'firHt, that he was tit to be employed in an insur* 
rectton, and he explains ttiat by seizing my 
Jonl Cadog'an. 
^ L, C. /. That IS part of the insurrection* 

Mr, KtUlbey. Surelyi my lord, this serres 
to make otsr objection so much the stronger 
^^ainal aliowiog^ parole evidence of a confes- 
smni ifhich was put in writinir-. 

Att. Gen, 1 can't imat^ioe what they 
mean ; here is a ^enileraan that ^ves an ac- 
^ntmt, that the prisoner confe^^ed that he re- 
commended Lynch to my lofil North and Grey, 
as u proper person to be emplnyed in the insur* 
nectiont and to seize my lord Cadogan | where 
is the variation in thi;*? 

Soi. Gen. Mr. Stanyan, j'ou was wtrinpf an 

mccotmt of Mr Layer's recommending Lynch 

toroy loid North and Grey; did Mr. Layer 

declare any thing further relating to thai 

h matter? 

Siangan, He said my lord North and Grey 
feceifed him civilly ; he supped there, and lay 
there that nighty and they dined tliere the next 
day. 

Sol. Gen. Did he give any account of what 
passed at dinner? 

Stanyan, 1 donH know whether it wasju«!t 
I At driiner, or afierwards : but he said tliat se- 
veral healths were drunk, which were be^un 
by my hrd North and Grey ; and after dinner 
there came in a man they called a citizen, they 
drank the Prctender^s health, bis wife and the 
young prince. 

St)i. Gen. Did the prisoner say any thing 
about the christening ol hit child? 

St any an. That was^ when he confessed be* 
fore the lords that he was at Rome ; in the 
conference he had with the Pretender, he lo^}k 
occasion to speak of the discontents of the na- 
lti)n, which liati bt-en occasioned by the losses 
sustained in the 8oulh 8ea. The Pretender 
Hsked him if he knew any persons of dislinc- 
tion in thet case ? He said, that he knew a 
great many that were well ^a Reeled to his inte- 
rest ; that he was not acf|uainted with people 
of quality ; but that he knew several of ffood 
estates that were very well -affected to hi?! mle- 
rest* Upon this the Pretender asked hiia se* 
feral cjne^tioos ; says he, it must be Tery ex- 
pensive to you to come hUher to Rome, it must 
cost you 500/. N0| sajth he, not above half so 
much. Then the Pretender praisefl his zea(» 
and commended him ; afker that Mr, Layer 
asked the Pretemler to pire him some tokens 
or credentials, thai he mi|f hi have sometbing 
fi-om his majesty ; that would be a means of 
his ci^aining cretlit among his friends here. He 
isys the Pretender scrupled that: then Mr* 
Layer proposed al'tematds that the Pretender's 



wife should stand aagml-motber to his daogh* 
ter, to Mr. Layer's daughter ; I hat aflerwardi 
col. Hay, to whom he was iutroilncsetl at the 
Pretender's court, brought him word, that the 
Pretender's wife wouhJ stand as godmother tA 
his child : but then tho question was, wIm 
should represent her ? And alier somelicieit 
was proposed to Mr. Layer to find out a fitpifw 
son to represent her. Mr. Layer proposed tke 
duchess of Ormond, which was agrcel le^ 
after that the Pretender agreed to aimiid i 
father with his wife, and then the poiotl 
who should represent him ? And coL He 
him that he must take care of that^ tu 
proper person to represent his majesty. 

Sol, Gfn. VVljat account did be giVe of ^ 
was done in pursuance of this, when he 4 
into England ? 

Stanyan. When hecamcmto Engtao 
said he applied himseif to one Mr^ Tbon 
to spetik to my lord Orrery to stand to 
sent the Pretender with the duchee 
mond : but he said my lord Orrery d« 
and afterwards he got my lord North 
to stand. That Mr. Thompson did cUnMail 
child, my lord North and Grtjy and the 
of Ormond staniling as proxies for 
tender and his wife ; my lord North i 
did staml to represent the Pretender^ 
dnchess of Ormond to represent the PreU 
wife» knowing they ilid so. 

And he w^as asked by the lonis, who i 
company at the christening ? He Kntd, enW 
duchei^*; af Ormond, my lord North and u 
Mr. Thompson the minister, himself, and 
wife, and another woman, at whose hou 
chrisleninif was performed : but he said, j 
was not present in the room, thong li she i 
ed at the christening. 

Mr. West. Did he mention any tinae 
this clirislening was? 

St any on. About the spring : I cannot^ 
that question was asked him by ttie lordvi: 
J cannot a.scertain the time. 

Mr. Wc9t. Did he say any thing i^alil^ 
roy lord North and Grey ? 

Stanyan. He told them of my lord 
and Grey 'a being at the he^d of these de 

Friionen What dolh he conceni 
with Ihe lord North and Grey for? 

Mr. Wc$t, Pray, Sir, be quiet. 

St any an. He said he told my lord IWI 
Grey that he had acquainted liynch witl 
brdjihip's being at the bead of tins design, l| 
fiirc Mr. Lynch had expressed a great de "' 
wait upou his lordNhip. 

Att. Gen. Mr. Del afaye, pray, give i 
count what Mr. Layer said^ when be wael 
mined f»«tore the lords of the council, i 
to hiH being at Home, 

Detufttye. Mr. Layer declared to the 

of the council that he had bepu at Rome,( 

he hud had two conferences with the Preteitdefi 
that he had acquainted the Pretender with tb« 
disaffection of the oation, with respect to lh« 
losses that had been sustained by the South 8et 
He said, in g«tieitJ^ the natiou was well afiisolfi 






Jbf High Treoii 

■QOi of state, not tjunliii^ 
irilervst: ihen hr |iro|»oseii to 
riokeiMorilie iVetentler'R re- 
oll WM licit (S^raiiUii Ititn : then 
Fl*rwteiKfer*« sjinu^e Jihoultl stand 
to bis rlitlil; th? Pretc'iider said 
pill cooniler of it; col. Hay afterwiitls 
It litai wtird, th«tl she 4'oiiHeut«»il ; tbeu 
I fjonlcreQces who dbould repi'e* 

OW« Uic S9me accouiii thiil he 
t lord* Df Ibe comiciL 
iiL Uay brougUt wurd lo Mr. 
k^Aetrnder** spouse consented 
^*"ir 10 liiB child ; »nd it wms 
I of Ormond should re|>ri?«eiit 
hm dcnred s ciedtftitial ur token to the 
m of Orntoud. Hay told him, without 

10 irotltd stand ; only, H*ilh he, carry a 
I tli« duk« 19 wfMf and gone to 
. tlie wuuld do it ; and Layer de- 
^wbiiahonld Kiaud uh g'od-Jkther; 

hiniseir, that is, the Pretender ; 
I j!D know \Tha M'aa to rcpre- 
Hrnlto he excused, but Layer 
> one iipOQ \m return into Eng^> 
BHjitvi profMr for th At purpose ; viben 
IM inld Bns^iaod he wai at a loss for a 
I to reprcMfnt the PrcteudeF ; be went to 
Ih^nfmi 10 advise i^ith him about it, 
nei^l to my lord Orrery, lo desire bim to 
lift jiroxy for the Prelemler ; my lord 
^nliacd it ; then he went to my lord 
I Onj, who iicce|»ted it. The child 
it wa«Ht Chelsea, I t&ke it, 
^ wbere there was a china shop. Ii 
■pring*, whot day I cannot tell, 
kr wad tfaeri* waa bis wife, my bird 
'tad Otty ^Uo itood for the Pretender, 
Kbc«i «f Ornciond who stood for the Pre- 
r^ wiUt *l*e woman of the bouse, but she 

11 wiibio the room at the chriMenin^'. 

K Gt«* 00 you reme^niber any tUin^ said 

Em aay declaration that was drawn ? 
Mr. Layer owned that be bad 
of a declaration ; and that, when 
[ to my lord North and Grey*s, 
» Mr. Lynch at the Green -Mao, 
I wmf tliither. 
^/ '^ ' ' lie of his recom^ 

J iimnatitrn? 

_^_, lit' *p'.ki- ut IMS recomraendin^ 
Al«ie«| titat Mr. Lynch bBvinjj told hira 
> my lord CadotE^an, bu did reconi' 
to my lord North and Grey, as a 
, far that atl^'imit. The "second 
"iBQiDmendtd him, he batl pro 
^ Lynch to my lord North and 
Flnmogtoid bam that be was a very 
Xfilto k# rm>r«med m an insurrec- 
H-»' : told Finch hi« lord- 

|ta b* i ot the d e^i^n , Ly nob 

ttuwiiii ujion him. 
We thull now prove there were 
fr*a bonni! wbm be waa 
, I, wef» you at Mr» Layer's 
I hiWMi w^Mi^f^Stanyan. 'Yet. 




^it, po you know of adj armf thirer 

Sttinj/an* Yes, 

Ait. Gen. Give my lord and the jury &o ic- 
count whatarma? 

Stanjfan. Just after Mr, Layer wa'j aeiied I 
came in, be was just trot out of b<» bed* I 
obserTed in the roum, where be Uy, there were] 
a pair of pistols hunijf by his bed jiide, and be- 
tween them a borsenian^s sword, a riding 
sword, and a pretty larue swi»rd ; on the other 
side of the beil nejrt the chimney a little cuse 
of pistolti, and anutber sword buntr in another | 
part of the room. In the closet uf the same. 
room we looked, and I saw tv%o carhtnes or 
guns, and two rousquetoons or hhinderbusses ; 
si-ein^^ so tnany arms, I went to handle some of. 
them, upon which be said. Have a care, they 
are loaded, don't medtlle wiib them; upoar' 
that I asked him what be had to do with soii 
many arms ? He answered, you must know 
my clerk anel I are streat i^UooterK, when we 
are in the country. Ju auotbrr room, looking^ 
further, we observed several nmutds tor the 
making of builets. There was also u cartridge- 
box, and a number of cnririd if es ready mude up, 
as ne&r as 1 can g-uess (1 did n*i| coiint I hem) 
there were about tbrty or fifty uf ibeni. There 
was n ({^niteman of the army « and belaid they 
were such cartridges as were ut^ed in the army* 

Ait. Gtn, Was there any tbioif relating' to 
thciie arn)s confessed by Mr. Layer befure 
the lords of the council ? 

Sianyan* lie did not deny i*^ I believe* 

Att* Gen. I would ask you whetht^r there 
was any thin^ said helbre the lords r^latiu^^ to 
these arm*? 

Stiinj/an. Thelonls did ask Mr. Layer, what 
did he with forty or tifiy cm Irid^^t^s ready made 
up? lie said they were tviade up by Bowers 
ibiL^ l^unsmith, and that, if there wa!^ any dis- 
turbance in ibe nation, be should bare occasiott 
for them. 

Alt, Gtn, Mr. Delafaye, wais yoa by when 
he was asked the question about these arms f 

Delafaye, Ves ; he was aski^d wbst he did 
with so many cartrid£^s and artn<i, and be fmtd 
they were proper fur liis use, if there should be 
any disturbance in the nation. 

Colonel JJutkt sworti. 

Ati, Gen, Was you by when these arms wer« 
seizefl in Mr. La year's bouse Y 

Hutke, Yes ; there w ere two cases of pistols, 
two fuzees, and $ome other ariOR, and a blun* 
derbufcs, and two or three sword* ; there were 
aliout 40 cartridi^es ready made up in the U:<iual 
manner, as ihev are mode up when our soldiers 
are to charge their pieces for expedition in eas« 
of action. 

Att, Gen* How many were there f 

Jiutke. About forty. 

Au. Gen. Did you tee any mouldi for 
bullets f 

Huikc. There wis a mould for mitsket-balli. 

Pritmer, You say I had two fazcea i will • 
musket ball go into a tuzee ? 

iiMiki* 1 oaoBOl tell but il isAy* 



231] 



9 GEORGE I. 



Trial of ChrhlojJier Layer^ 



[892 



Prisoner. There were fortvcartridgei, which 
were ready made up, will those cartridges 
go into a fuzee ? 

Huske. These very cartridges were only fit 
for the army. 

Mr. Keteibey. These cartridges were not fit 
for the musket P 

Hutke, 1 did not try there. 

Mr. KeUlhey, Would they gp into a fuzee P 

Huike, I don*t know. 

Mr. KeteUtey. According to my notions, there 
is a difference iu bigness between a fuzee and a 
musket; ami a cartridge fit for a musket will 
not go into a fuzee. 

Hutke, A cartridge that is fit for a fuzee, 
will go into a musket. 

BIr. Keteibey. I belie?e that, and so it will into 
a cannon ; therefore 1 ask, whether a cartridge 
that is fitted to a musket, and proper fpr the use 
of a soldier going to batUe, whether that car- 
tridire will fit a fuzee? 

Hutke. The bore of a fuzee may be made as 
large as ihat of a musket. 

Z. C. J, Those cartridges that were there, 
would they hare served for the fuzee? 

HmkeC I am satisfied that they would serve 
for the fuzee, and the smallest arms tliere, 
except the pistols. 

Mr. Ketclkey, You say there were two swords? 

Hutke. Yes, I saw two swords. 

Mr. Keteibey. I beliere you never are with- 
out two swords ? 

Huskem I believe I have a dozen, but they be* 
long to my company. 

Prittmer. Were they horse-swords, or swords 
fit to walk with? 

Hutke. IcanUtellthat. 

Mr. Hungtrjord. I think you say, that those 
bullets, made into cartridges, were, by the size 
of them, intended for the small arras ? 

Hutke. I do believe they would fit the two 
fuzees that I saw. 

Mr. Keteibey. Did you open any of the car- 
tridges? 

Hutke. I did, and there was a ball made up 
at the end of each cartridge. 

Mr. Smeybert sworn. 

Sol. Gen. Do you know the prisoner at the 
bar? — Smeybert, Yes, I do. 

Sol. Gen. Recollect whether you have seen 
bim at Home f^Smeybert. Yes, I have. 

Sol. Gen. When ? 

Smeybert. About a year and a half ago. 

SoL Gen. For how long time was he there ? 

Smeybert. 1 think about a week or a fi>rtnight. 

Sol. Gen. Did you or the prisoner leave 
Rome first? 

Smeybert. I left Rome first. 

Mrs. Hay sworn. 

Sen. Chetkire, Did you ever see the pri- 

ner?— Hoy. Yes. 

Serj. Ckethire. Where did yoo see him P 

Hay. I saw him at RoiM. 

Serj. CAeiAire. WbenP • i 



Serj. CAfsAire. What time of the year was it^ 
as near as you can remember P 

Hay. r cannot tell exactly what time, but h 
was last summer was twelve- month. 

8erj. Chethire. You are sure yoo saw bin 
there ?~Hfly. Yes. 

Att. Gen. My lord, we shall now ptomikt 
prisoner's escape out of the messengei^ m^ 
tody, as was opened before. Call Mr. T * 



Mr. iS^tre sworn. 

Jtt. Gen, Look upon the prisooer at At 
bar, do you know bim? 

Squire. Yes, I do know him. 

Att. Gen. Do votf know any thing of lua 
being taken op ? 6ive au account wheo it was 
that he was taken. 

Squire. He was taken the 18th day of 8i^ 
tember last. 

Att. Gen. Whose custody was be in after Im 
was taken ? 

Squire. He was in my costody* 

Att. Gen. What became of him aflcrwarilf 
Did he continue in your custody P 

2 mire. No, be made his escape. 
tt. Gen. How long slier he nad I 
was it that he made his escape? 

Squire. It was the next day, he got out «f 
the window. 

Att. Gen. How high was the room ha gat 
out of? 

Squire. It was two story high ; be lifted ap- 
the sash, and so gut out of the window. 

Att. Gen. Did yon pursue him P 

Squire. Yes. 

Att. Gen. What account can yoo give of his 
being taken again? 

Squire. He bad not been gone kmg belbra E 
fi>und he had made his escape, and understand* 
ing which way he went, 1 immediately poiwatf 
him, and I took him in a lane gmng towaite 
St George's fields. 

Att. Gen. What did he say? 

Squire. He said he was very sorry to wtm 
me ; I asked him how he could offer to M 
away from me ; and he said every body Jm 
would have done the same in his condition, anJ 
that nobody coukl blame him fiirit; and that 
he believed my lord Carteret wonM not blain^ 
him. 

J/f. Gen. But why? 

Squire. Because he looked upon himself i» 

cli a bad condition, and so roueh danger^ hB 
said, nobody could blame him, beouMO na W90 
in thatcondittoD. 

Priaoner. What conditKHiP I desura toarfC 
you one question ; Did not I ask yoo to i 
me vour warrant ? 

Squire. No, you never asked mo. 

Pritoner. Did not I ask you at my 
house P^S^atre. No, you did not. 

Pritoner. Did you shew me yoor i 

Squire. You did not ask me lor it 

Primmtr, Didi 
Ii 

ImdtodatoiaaMr 



socli 



It BSK ms lor n. v 

ItollyotttbaraaHallifll 
■al &lnotl»Mr«M 



JhfT HtgJt Treason, 

iCt l*ei€t»Qn sworn, 

T' teTiion, do you know may 

In cusli^iiy at my 
|uui»ie, in A roam 

ftit. J>o yoo know toy thing of his 
yf 
k No« I irti ibro«il Ibeo. 

IdHik upon tfip pns«>Der at the 
r«oienib«r you erer wiw him 

Ce. Vci^ 1 s&w hlcn ju«( goiog' into St. 

Irem. IIrI any (kmIv l&t<c him there ? 

U* 1 w«« it)c 6p(i iliHl took him. 

Cim* IV lull did tie say to you when you 

tfc lie ssUt, ForOofrs sake let me i^o ; 
'4 it wsn an arrt^i : \V hy then, and |)lea«ie 
ly teird, my pirtner CAnie up, and nsiiked 
rtMrilirr il i««« an iurcitt, aud he 8aid it 
I iheti Jookuig^ ubfnit mr, I saw an- 
i0ii oofniiig after us, %vbi> was the met- 
It ■■■Wit tie had broke out of the mes- 
Wii9^ And then he clapt hiK liand 
ii podi«l» and polled out I beheve about 
fsineaii, and «ttid we should take whf&t 
11' wa would let him go ; but we 

Amth^ny Stephem sworn. 
L G«i« What did Layer say when he was 

u We aakcd him, i« it for an arrest? 
■i^ b^, it b an arrest ; and when he saw 
'^pHR^ son comjni^ alter us, he would 
[ ttpfMisvfl' we pJeasett to let btm fro ; 
ItlliAB that he niiid thf y had no warrant, 
fiilfMil know that they could keep bim 
I a warrani, 
Pcafttfy. My lord, we have gt>ne 
l|{k mmmwidmoc^ and shall rest it here. 

9m Mmmg&rford^ May it ples«c your loni* 
mA yoo gentlemen of the jury, 1 am of 
rf for llie prisoner at the bar ; and af\er so 
m 0tW*iie« hath been fliten in this cause, 
km$ beoome me to uraw the matter in 
tiftiiimfia point, if 1 can, nnd thereby to 
■■e tm your lonlsbip, tlie jury, and Uie 
it on bw ttidn. My lord, the prisoner 
liisaarf «|ion the tEUtute of tlie U.Mh of 
■4 liioiUrri^ oommonly calleil the statute 
PMitl«Blii\ t)tc things made, or rather 
ied irvtMo by that act, are 6rit, the ot^m- 
Wfm Untcinuif the death o1 the kioif, or 
» Mior of WiJa«« Then the statu U> t^oes 
I dUiianollwr things treason which relate 
•aibr |M^»oo*o» <c>mc nt ihr royal family ; 
ftca it dfNdar^^ hi^wt-i,-^ u,*t »t is treas4m 
isywarav' ^c» It ianot said, 

^ - Isty WOT, but ac- 

•1 •» ^y '^ o»»Jf iliaJi tit tfetioo. 



>ii IS tfie text, vbis the law upon which fh,. 
geotteman at the l>ar mutit t>e either saved o 
CiHi'lemned, The treascm Isiid to his charge 
in coinpssstni^ nod immfmint^ the deiith ot iSe 
king : the overt-atTts luid tu his chartfe are, 
thai he did consult and conspire to levy war« 

That hf* did publi!»h a certain treason abt# 
libel, purporting, among oth*r tUiniys, a pro* 
mise of rewrtnl to bis majesty -s faithful sub> 
jects, to rise iu arms aud levy war against 
the kiug*, 

ThatTie consulted to put the Pretender upon 
the throne. 

That he listetl soldiei-s for him. 

And the last overt^act is, that he consulted 
to f*ei«e and imprison the kin^'. 

My lord, and you gentlemen of the jury, 
there is no evidence of any of these orert acta * 
attempted to be gi? en in evidence agniust him 
in £s5ex. save rinly that of publtshinff a trea- 
sonatte liliel, which the kioj^^s counsel in their 
evidence would insinuate to be the Pretender's 
declaration. The evidence of the other overt- 
acts are mt^mpted to be proved in Middlesex. 
And in rrufh, the i^reatesi part of ihe whole 
transaction was by the kind's own evidence, 
proved to he in that Ciiunty, and I wonder the 
todictment was not laid ibf^re ; but, gentlemen. 
Ihe indictment being bid in Essex, if an act of 
hi^li- treason is not proved to have been com- 
mitted hy the pristoner iu that county, he moat 
be acquitted. 

1 tniifht here, ray lord, insist, that an actual 
levying^ of war, and not desi^fu to levy a war, 
being- made treason by the statute of hrasona, 
tlie publishing a paper which purports at the 
utmoa but an intention Ofdy to levy war or 
raii« a rebellion is not treason, and conse- 
quently not a legal overt- act within that sta- 
tute, ThU opinion is warranted by the eicpress 
words of the act of parliament itself, uhicli is a 
belter authority than all the coinm<?niatoi^ 
Apon it ; tind it is likewise the opinion of my 
lord chief justice Coke,* and ray lord chief 
justice Hales; and in truth, if this be not the 
true meanui^ (\f the act, one paraffraph, viz. 
That which declares actual levying of war 
treason, is superfluous and redundant; for 
what is the use aC making actual levying of 
war, or a rebellion, a distinct species of trea* 
son, when the intention of doinnf it, according^ 
to s^^me modeni doctrines, wiis hi^h- treason 
within the fint clause of the act, viz, Ima- 
ginios;^ the death of tlie king*? This opinion 
likewiHc 8€»"n»»« to be confirmed hy the two sets 
of fiatham^t^' ""*^ -n ijueen Rlicabnh'a time, 
Aod one ii) 1 ten the second^f where 

eousuhing v-i i:.,.. Jufr to levy a war or raise 
arebelhon, in made 'high -treason duriuif the 
livea of them two respciUive princes, lor which 
tentporary provision there would be no reason 
if the bw were so before. 1 know what hath 
been said to some part of thia matter, that the 

* CokeV lostit, ch, 1, p,0, and JO, Sile^i 
Pleas of the Crown, p. 13. 



8SS] 



9 GEORGE I. 



UfjiDg of war metat in the ttetute of S5 of 
Ediward tbe third, was not meant of such a 
rebellioD as was levelled against the king's 
person, crown, title, or gofemment; but of 
such public commotions as disturbed the 
peace of the kin^^om, is the polling down 
of inclosures, which was the case in queen 
iSlizabeth's time, or of pulling down bawdy* 
liouses, which was the case in Charles the 
tecond*s time : but to shew how unnatural a 
construction of the words * lever le guerre,' it 
is to say, that it relates onljr to such riotous 
commotions as 1 hafe mentioned. Gife me 
leave, my lord, to make but one observation. 
The statute of treasons is penned in the French 
of that age, and the words of the statute 
* lever le guerre' agminst the king, 1 have here 
within the reach, in court, a book of very 
great note and good authority, it is the history 
of Froissart, who writes tbe history of Eng- 
land, France, and Spain, from the year 1326, 
to the year ISiO, and dedicates his liook to that 
very king, viz. Edward the third, in whose 
reign the statute of treasons was made, and 
in this whole book, * lever le guerre,* is con- 
stantly mentioned to denote a public stated 
war ; and in this sense, it is likewise taken by 
Du Fresne in his Glossary, vol. 9, pag. S55. 
— i only hint this matter to your lordship, 
for 1 well know what determinations my 
lords the judges have of late years given upon 
this objection ; but I humbly hope that there 
will be no occasion Ibr an entire dependence 
upon this objection in this case, for that I hope 
it will appear both to your lordship, and the 
jury, that no such overt- act, as is laid in the 
moictment, that is, publishing the Pretender's 
declaration at the Green Man, is at all proved. 

The evidence given touching that matter is 
only by Mr. Lynch ; and he gives an account 
that the prisoner and he met at Aldgate, in 
order to go to the house of m^ lord North and 
Grey at or near Epping: m the course of 
their journey thither finding themselves too 
late to be at my lord North's by dinner ; they 
caHed in at the Green Man, and there got a 
beef-steak : and before it was brought up the 
prisoner gave Mr. Lynch a paper, which Mr. 
Lynch, and not the prisoner, calls the Pre- 
tender's Declaration: Mr. Lynch reads only 
one paragraph in it, whereby, as he says, the 
soldiers were tempted to be allured from his 
majesty's service ; this is the whole evidence 
given touching any offence committed in the 
county of Essex: for as to any treasonable 
discourse l»ctween Aldj^ate, and the Green 
Man ; they cannot in justice, and without a 
particular proof to that purpose, be charqfed 
upon the prisoner to be done m Essex, a threat 
nart of the wajf, viz. from Aldgate to Bow- 
Midge, being in Middlesex, and not in the 
oannty of fissex. 

In the first place, therefore, gentlemen of 
tbo jury, we hope there is no evidsneo to eon- 
▼inoa you that any tnah dedaration wh pub- 
Babed at all ; and yet leedadlj. If *«« ^ 
a paper read Ihte, fmpfutwmimm'' 



Trial of Christopher Layer ^ [S 

act of high-treason; The time thai tke w 
soner and Mr. Lynch staid at the Gracn Ma 
seems to be very short, their stay wan ■• ahi 
that there was no evidence that their hon 
were put up: the beef-steak was beapokabalb 
they went into a room. Mr. Lwnoh.ean 
down twice out of the room; be \amm 
admits onoe, besides his gaping at noMi pa 
sons in tbe yard whom be knew, bifcia Ih 
beef-steak was brought up ; and jre^ bsfci 
the beef-steak was brought up, this dadbn 
tion is pretended to be published ^ forny'pai 
considering how little time there waa ler aai 
a transaction as this is, I cannot think iIm 
could be any such thing as that tranncM 
that time, the compass of time would barl 
allow it ; whatever was done, is adnsitlei k 
all hands, to be done before the beef-ateik « 
brought up, and the other inddenta may ffi 
well oe supposed to take up all the tine b 
twixt tbe bespeaking and disning up the baa 
steak ; so there could be no time for ao i 
an act as publishing a declaration to 
three kingdoms. But in the aecohd 
the prisoner, which 1 don't admit, did gh 
Mr. Lynch any paper to read, a parunaf 
whereof was to the purpose Mr. Lynn n 
lates; yet such paper cannot be imputed to tl 
prisoner as an act of high-treason, there we 
but a few lines of the paper read, and the re 
were not read at all, either by Mr. Lynch, i 
the prisoner ; and I never knew that part of 
deed or writing was ever allowed to be given i 
evidence, without producing or reading tl 
whole. In the case of my lord Russel, wh« 
the declaration for rebellion was assigned as 
act of high -treason, the whole declaration v 
proved to be read, and not a part only ; r 
vet even that evidence was upon the revolu' 
m the first year of king William and qv 
Mary, looked upon so imperfect an evidem 
high-treason, that for that, and other reaf 
my lord Unssers attainder was reversed 
have a copy of tbe act of parliament ff 
reversal here attested, and we are res* 
produce it if your lordship thinks fit.-^ 
ne said that the prisoner giving Mr. Ly 
paper, of which he reads only a few line 
then the prisoner takes it up again, is 
lishing of a treasonable paper, or in ti 
publishing of any paper at all ? Dech 
fur rebellions ore commonly published i 
places, to captivate multitudes, and not 
from one man to another when they 
pecting a beef- steak ; there was no s 
or solemn meeting at the Green Man ; 
course of |»eople there, neither in f 
Mr. Lynch's own evidence, can it br 
be a real declaration ; for he says, as 
her, in that paper it was mentioned 
lord Cadogan was in custody; tti 
uueriy false, hit lordship 



yor^IJigh Treason^ 

srr _' mmI tttbotirei) un<)er 
kli Micertanity tUrre 

kigiiMrt'Lisuij, nnd wlmt wag 
lie ik«rii«tD^'Dl liit^reupod, to ease the 
|^i^L.f>^ple3(tlyt in the Solh of EtU 
^^^^K*|itt%«cil liie laiv of li eauons, tor 
PIPfBlile tbcfn yiaiit a great sum ot' 
g «u«t ftir \%liii'h tlmt patliaiiietil wnn 
».»-<! 'imfliafiMfriinin beatuin), ftiitt 
mtifi doihf though perhaofl 
iliitll be interpreted to te 
LmI^ U^h-trt;ui(on» the subjerl will 
llie tttrne i aeon retiic nee, and 
^«ime pernlexjtK^, as iJiey wiie 
■.laloles or trca^oui; tliis practice 
' inproted, that it' a man delivers 
[tellM l9 atiotber to be read, that 
tied wn overt- act of hig^h* 
more if pei>pte in their cupi 
ach health*, as were said to be 
ny lord North aad Grey's house; 
^di'UY but thai * biberc est a^ere/ 
" «re' in i tiii«, my hird» in all that 
i present coi>cei titu^ the charfife 
dn ufH^ti the prisoner within the 
rx ; »ud if there be no charge 
I him there, the evidence tfiven 

w hftl he did or said etsewhere^ 

* nothmg. 

May it please Yonr lordship, 

mcfi fii the Jury, I hkewise ap- 

i ' ^ the prisoner, who haT- 

to this indictmeDt, 1 

^ ' ' found otherwi£:e^ 

;ned tor him by 

. utices i)f bis case 

Mrue and cle:ir a Wi^hi an I can, 

pur roiinisteratioti what may 

ind legally coo* 

rnce. 

» him m of the highest na* 

' Kn^tand know ; * crimen 

itla;* nri le<(S ihan the con Rpirinfi^ 

i«i>e (hi' destth of the king ; and as 

tie of any aggravation, 

uy thiiii^ that we can 

b(/pe your lurdbhip, and the 

iry, will expect the strongest 

Ftff llii> ca^ie udtnlts, such *h 

^t^ and in, in %omv uukiijure, pro- 

L*»^'"'" ' " '^flhe otic lice. 

1 which the pri- 

. tiii of BthvHrd S* 

to niiikc hiNi a iuiiit*-d there 

^aci, and thiii ovrrt act must 

J pri»ted : * £t deceo pro? a* 

t de overt tait/ 

r, Id bti third luJititute*, fol. 15, 

pt^Upm thnt net, explains the 

E' ^ving it mutt be 

>\\ not ti[«»o con- 

l»ri» *tr iiiirri»nce, or Mraiii« 

fK»l bo • cotiimune argu- 

^l other statutes have 
ttic siih|«ct, uid [itr re 



A. 0. I'm* 



[«38 



gntattng' trials io casea of high treason : par- 
iieularly the late Ktatute Tmo Guhelm* S, 
which enacts, that there must be two lawful 
witnesses to the same overt act ; or one of 
ihem to one, and the other of them to another 
overt act of the same species of treason : ami 
that no evidence shall be admitted or given uf 
any of ert act that is not expresetly laid iu tlie 
luilictment* 

I think we need not, at present, enter loto 
the whole of the case, or trouble the Court with 
a )on^ detail of circumstances and many wit- 
nesses ; but rather cbuse to leave that on the 
foot Mr. HuDgerford hath put it for your lor<U 
sbiD*e cooslderatiou. 

II mast be admitted to us, that if the prisoner 
is not guilty of an overt act, legally proved to 
be committed in the county of Ei^ex, where 
the species of treason and all the overt acts io 
the indictment are laid } though all the other 
fttcts in JMiihllesejc, or at Rome, or any where 
al«)e, should be never so clearly made out, yet 
they do fail upon this indictment, and tlie pri- 
soner must be acquitted. 

What have they to charge him with such an 
overt act? Nothing but Uie single evidence of 
Lynch 1 He is tlie only person that speaks to 
this point. He says, that they set out from 
Aidgate in order to ride to my lord North and 
Grey's, and alighted at the Greeo Mau ; that 
what discourse passed between them there was 
before dinner : he owns be went downstairs 
twice before dinner, and spent some time in 
looking out of the window, to see some persons 
with whom he was acquainted, and when the 
dinner (which was soon got ready) was brought 
up, Mr. Layer's servant came and waited, and 
DO diMTOurse passed there during that time ^ he 
tells you, that Mr. Layer puHcd a paper out of 
his pocket, and shewed it to the witness, who 
read part of it, and that it contained I reason - 
able matter, as laid iu the indictment : this is 
the substance of what Lynch swears, I took it, 
as well as f could, in writing from his mouth. 

Now, my lord, is this sufficient to convict 
this ^entlciimn of commitiiDg an overt act of 
high (reason in Essex? A bare pulling a paper 
out of hiH pocket, and giving it him to read, 
where vueh and such a thing is set forth, as by 
him is called a tretu^onahle declaration I 

My lord, if he hud pulled out of his pocket 
the must treasouuble paper that ever was jo< 
vinted, is it uny more thuu pubhbhing a libel f 
Is ihat an overt aut of treasoit P I will suppose 
it a copy of the Fretcnder'iJ declarattoa, or an 
original, such a one as was burnt by the sherifls 
of Lotidim two days ago : if a tnan had that, 
nnd pulM it out of his pocket, and gave it to 
auoilier to read, is this high treason ? 1 dare 
say, if any such person tails into IMr* Attorney** 
bandit, he, that always does his duty to the 
crown Rs he ought, wdl go no higher than an 
information for puhllNhing a libel i and all this, 
my lord, is upon a supposition that the facts are 
true wt ' ' ' ' fcworn by Lynch; but, 
on I Ik 'ore are so rAany unao* 

couatau*^ * 41V wii»^> «<*c«s in the ridatioiiy Uiat in 

e 



S39] 



9 GEOKGE I. 



Trial of CkrutajAer Latfer, 



[WO 



I 



affair of that coo«equenee ftbould be tranf&cted 
in such n (jiace ; in so bbort a time ; upon «uch 
tin accideuUl bait ; when one of I be cun»)iira- 
tors wa« either i;azi[it( at the i^'iodow, or run* 
ninc^ up or doHti stairs the ^reatetit part of the 
while, and other f>ei-fions were continually go- 
4ntr hackwardii and forward*^ into ilie riM»jii, or 
MrithiQ hearjrttj of every word that ^ Missed there, 
we ihiuk it carries with it such au air oK im- 
probability^ that no reasonable man cati give 
credit to it^ rnuL-li less couviet a person of bo 
great a crime upon aucti evidence. 

But suppose what passed at the Green Man 
(which I am very far from adoiiiting) should 
be adjudg^l an overt act of hig^h treason : how 
ft it proved ? Ou\y by one wilues^i ; one sin^^le 
Witntfss to the fact in ibis county 1 The law re- 
quires two witnesses to convict a man of high 
treason, and that the jury should he returned 
out of thut county where the facta are laid ; *■ de 
» vicineto :' because the law supposes tbetn more 
conusant of the circumstnnceiof a case which 
^mribes in their neisfhUiurbood : hut if the proof 
of one overt act in the county where it is laid, 
by one witness, should be sutficient to let thtni 
in to prove other overt acts in dijitantcounirieif, 
or in foreign kini^d^inus, these fundamental iii]e« 
of Jaw would be totally suhverleit : how is it 
possible for a man to provide or defend himself 
ag'ainst such a" attack ? It iii spriugint; a mine 
ujwn hirn 1 Hudden and unrxpecled ruin! 

Mr, Attorney wonH shew any precedent, 
where it ever was alloived to be g^ood^ that one 
wiioeaw tnig^ht pn>\e the overt act in the county 
where it is laid, and that then they might t(ive 
evidence of overt arts conmiitted m any other 
county: if your lordship is of opinion against 
us in Uiis piriicular, iheu we must be^ leave to 
go farther I and observe u|H)n the rest of the 
wilckeasea they bnve calleil ; not only to take 
oflT their credjl, but to conlradicl tbeoi m a great 
measure. 

There hath been a ereat deal of other evi- 
detice giten by ihein, but we must submit it to 
your lordship, whether it is material his escap* 
injjf from the uiessenger's Imuse, and his l»eing 
ibken in 8t« Geurj^e^s tields ; and the evidence 
tN^int to run thin, or elae I believe they would 
nut have troubled the Court to call those pcr- 
lons to chat which is no ways conducive to the 
point now in judi^ment ; il your lordship in of 
iipitiion with us, that this i^ uot an overt act in 
£ssex, and let^ally proved^ bein^ there in but 
one witness*. au>l at tended with such circum- 
itaoces, then tlie matter is at an end ; but if 
your lordnhip is of another o|)ioion, then we 
Auat beg leave to go on, and likewise to offer 
what Me have froto the mouth of our wit- 
nesses. 

L* C- J. You must go on, you have mixed 
your disGour»e so that nobody knows what to 
make of il ^ sometimes though the fact are 
dear as lo the overt act, you have said sku much 
agaioat, a» for, the improliability and nature of 
tho thing, in point of law, aa for the other. I 
don't see how we shall eumo at it, uftleiat you 
go Uiruugh the cuuse. 



Sol. Ctn. My lord, in the obsenratioos th 
have hrlherto made, they have mixed < " 
as to the fact^ tojv'ether witli ^ome fliiatt«r» i 
Uwj that scemvd to W HMoedat, and fixed uM 
no point; to which we cannnt '" 
cular answer; therefore we i 
go through their %f hole caae^bt^b .^ 
any part of it. 

Mr. Hunger fttrd. Since it is your lortlsbip^i 
pleasure that we shall now i^o on, 1 shall pn 
ceed to make some observutjon^ upon the n 
of the eiideucc given against the priamier I 
the bar out of the county of Easex^ Tbei' 
servations which I shall make will be in 
general only, for I cannot descend lo all i 
particular tasiaiices of the evidence gtf 
tug not taken pru|»er notes for that pf 
for I depended upon the insu6icietic| 
evideur43 given touching any act of big 
son b^ing committed in Etisex ; and I 
that ti'oni that very circumstance the priaoocr 
would have been acquitted; but^ howu 
know the learned gentleman who is jnind 
me, baih taken very exact notes of l^ 
evidence, and therefore what I omit, 1 i 
sured he will abunfUntly supply. 

The second \vitnes5 proiiucfff agaiuat ih«f 
soner, is Mr. Fhinkett, who^ie evnlencc 1 ihii 
ought to weigh but very liule with any jiuli 
tu re whatsoever; the prisoner's meeiing wil 
this man was very accidental in Liiicolti'a-tti 
fields* when they did not know each other, I 
yet ihey itnmedmtely entered into a diseour 
of raising a rebellion, and overturning two king 
dutus, and that ^reat secret of knoiiing wf 
was to be the general ; though Mr. Lyncl 
alter lungacqimintance with the [insoner.cou' 
not get it out of liim ; yet it was communioati 
to the eminent wiiueas Mr. Fltinkett at th« fir 
interview, w itli an addition of mentionmg the 
names of two very great men more, the earl of 
Sti-aftbrd and general Webb^aa well-atfected to 
the uudtrtaking : but that noble earl's and great 
general's services to their country, are iOf» well 
known to be blemished by such an incredible 
evidence. After s^une discourae be»wi\t the 
prisoner and Plunkett atmut the undertaking, 
in which there was an incident of a disc«nir(*e of 
another nature, whether the Luibenm religion 
were not preferable to llie Popishi* And aAer^H 
(a(« Flunkti'U say%) the pritkom-r bml CiimmuiUtf^^ 
eated to him an intention of nivading the king«^ 
dom by some persons from abroad, tlie prisoiirr^ 
in a very ^real fit of bcHinly, presents Mr. 
Plnukett wuh tlie sum of haii'a crown* This 
relation seems to be so im[irobah)e, and in 
truth, is delivered (or rather slammere<J out) in 
so wretL4ied und incoherent a manner, that I 
lielieve that no one that heard it b<:hevea a w ord 
of it. 

The truth is^ I lie scheme itself teetiM railior 
lo be a chimerical plan of some craxy-p^ted 
politicians, than a solid (iroject of vkity tiien of 
sense, or iu their wits. VVhnt undertaking can 
there be so improbable, as that laid down by 
this scheme, viz. seizing the general ol the 
•rmy I msmu$ the To wer» ieizlog tlie £xcli«iig% 



^wkm^ the Bmie #f England ; atid all this 
^jAtfo«5e whicli dciefl noiajipear to consist of 
■■^iltf^e or ioar ineaf ami for money , the 
^^^Km of W«r, lii*^ nf^mn to be no great 
^BEkvCtkai ; P' m ' : I > i ,ho\il half a crown 
HMWBltiiie, aotl i at another; for 

^Bli thi^ iptuaea jptjrejs gave him, it doib 

Ml ifliiei tJie prbocier. Mr. Lyncb indeed, 

«^ «Kf»« lo b^ a man of g^reater weighty 

tf^Vnt fre^ueiii rej»ealirig biniself to be very 

^— iaBii|, g'ol abciiit sei'en or eight guineas* 1 

^■ViiM ibe«e lUing^, gentlemen of tlie jury, 

^BliAfl» bow itnptnibable tilts part of the efi- 

V ima k I' lud we boj»e to make it ap- 

m fOMlD you le more so, hy the evidence 

' vedk^i [iroduce to tbe reputatioo of the wit- 

I M U> lb« p«pcra of all kinds produced as 
mAfoe^ mgainst tbe prisoner, we hupe he can- 
mhi$ mflecied by tbem, none of tuem beings 
imcil to bis of ms hand writing ; aa to the 
m fbtmil in the prisooet^B house, they are 
i#a«rt lb«o what sfeiitiemen usually have for 
ipM^fiee of their taoiily , or their recreations ; 
mi m for bis bdag at *Roroc, it is admitted 
iidllifi cvideoce is not given es a fact of high- 
lannt 50 out^ht ri<>t to be considered as any 
in the prisoner'8 guilt: As to the 
r'm endeavouring to escape, it i^ no evi- 
tnf the prijioner's ^uilt; I do not eater 
llie cooMderation, tvhttlier the custody of 
■MCDi^cr 1^ a It'^oI prisun, or no ; but there 
piliardly • AM jnder any confinement 

t^ but irou: Jy escape into liberty : 

I Um prisuncv haih sulfered already for 

Eeoce* if it be one ; he hath been put 

FlnNkt^ and hia attempting to escape is the 

I that m a8*<i^ued for it. 

aa aomcthiog spoke in the introduc- 

1 1» ibis acGutaiitm which was very remark- 

, fix* Itial »t waa a design, if it had took ef- 

^ diAt would have enga|^ the whole nation 

1 would hafe destroyed our ciiil 

rights : We who are of counsel 

uer, have as great an abhorrence 

radiiag of that nature aaaoy men can have : 

lyK wt- bo[ie, that mankind is not to h^. led 

ritb ihew and colour, but to be guided 

00 mud umttemof fact. Is it (lOfgible 

F^lht peoiile could have been raised into % re- 

llfta* Djf * Droelamatiou wUkh was never 

It toy Mr, Lynch 's reading two or 

htm HmcM of it f And w hich, by BIr, Lynch** 

9m cviileocc (ivhioh 1 forgot to remark before) 

^ tflipcrf <rct i for he »ayt| Ihat the prisoner 

I Hibto* be tntcndod to put it in the Pretender's 

■i^ wbich il seems was not theo done ; 

\ llicrvlbnB what was produced, was at the 

I •!» loipcrfect pi*^ce only. Or that the 

vat tba bar. a innu ut u i^t^itilt'jiinii-like 

bttly. itutrri! 1 estate 

9Qm wikM, • ^ ; : I or nu- 

00 provision of 

stiould, with the 

<if a byrulit tif ptipers, and of 

i Phinkttt, oTenuru and en- 

Bli kingdum. God he thanked, 

Sfl. 



« 



the Protestant British government is not so 
easily to lie hroug^ht lo destruction : thcy might 
much sootier (ami yet I think that very di%« 
cult 10(») have lM>rrowed lOO^OOo/. of the Bink ^ 

of England y upon the Nlind notes which they ^M 
liave produced, sent by sir Williaui Ellis, than ^M 
have nrouglit about a revolution in this kin** " 
dom, with ^uch materials as they seemed to be 
posse&setl of 

These things therefore, my lord, I urge, are 
circucn)JtunceH wbich render all, or the greatest 
part of the evidence given, very improbable. 

I shall close the whole with two paragraphs 
of a speech* made by one of your lonkhip's 
predecessors, my lord chief justice 8cioggs, 
sitting in the same sacred seat of justice where 
your lordship now sits; the words are these: 

** If once our courts of justice come to be 
awed or swayed by vulgar noise, and if judges 
and juries sliould manage themiielves so as 
would best comply with the humour of the 
times, it is falsely said that men are tried for 
their lives or fortunes; .they live by chance, 
and enjoy what they have as the wmd blows, 
and with the same certainty. 

*^ Let us pursue the plot a God^s name, and 
not baulk any thing where there is danger or 
suspicion upon reasonable grounds j hut not 
so overdo it, as to shew our zeal, we will pre- 
tend to find what is not ; nor stretch one thing 
beyond what it will bear, to reach another/* 

Mr. KeUibey, I must beg leave to go Q\% 
where I kfi off with Lynch'e evidence. 

All Plunkett salth was in Middlesex; but 
whether he is a credible witness you will 
hear by and bye. I cannot but take notice nf 
one thing which is unaccountable in his evi- 
dence, and renders it impossible tu be true : He 
gives vou an account of a letter which he re* 
ceived about ten weeks ago ; be is very po- 
sitive as to tbe words of the letter, 1 asked 
him over and over again to it, be repeatji it as 
such ; when we examined bim farther, it ap- 
pears that he could neither write nor read ; and 
now became to remember so perfectly, wbeo 
be could not write nor read himself,* is very 
strange. Why, saith he, it was read over to 
me twice, and we have heard him repeat it three 
times ; and I appeal to the jury, if any one of 
ibem can take upon bim to repeat *it ogaia 
witli that exactness the witness pretends to do. 

Is it not ccpially strange, my lord, that Jef- 
freys, a man of letters, the first time he saw 
him, an itrnorant common scrjeant in the army, 
shouhl iiuuiedtutely fall into a iliscourse with 
him about u plot, and raising a rebellion, as if he 
bad before been intimate with him ? 80 like- 
wise, be saith, of Jamt!» Pluuketl, ttie i^ame 
day, tbe first day be caiue lo him, be came ta 
his own house, and there- talked tu him about 
this affair ; as if they had nothing else to talk 
of but rebtfllion againnt the govern men t. And 

* Lord Cliitif Juttice Scroggs his sncecb 
the first day of Michaelmas term, IGfO. rrint- 
cd that year. Farmer EdUim* 

R 



4 
4 



243J 



9 GEORGE I. 



Tiial of Christopher Layer ^ 



[244 



I submit it to your lucdsliip and the jury, whe- 
ther it is likely «ir possible, that any man ot' 
coiiiinon sense shuultl subject liiuist-'lf in so 
cbiii^iTfJUS an afl'air lo^iiother ihat was an utter 
Strang er to him : But here he t;ives you an 
acr.tuiit of tivt> several persons untler the same 
iiii|it-iulenre, the same iniattiatiou, James 
I'lu^i'-:- It auil the non-juring- parson. Desuli'S, 
there is a inauilL-si contiaUieiiuu in hi« evi- 
dence: fur, at first he tsaid, that the non- 
jui-in;;f parsou told him his nauic was Jeffreys 
the lir>t time he saw him ; and afterwards 
\mi\\r cioss-exairiiiit'd, he said, the first time 
he kiicw his iiaiiic to be so was upon the re- 
ceipt <d' his letter, and tindin>; the uame so 
subscribed. 

The next witnesses ^ave an account of the 
seizing the papers, and then 31rs. Mason. We 
a.sked iter it those pajiers had been seen by any 
body since she had them, and whether she had 
bhowu thcoi, or any other papers, to sir John 
Meeres, or any of his servants ? She positively 
denies it, and sailh they were not. 

I don't know \^hetlier iliese papers were seen 
by any body, for we have not one word of them 
in our brieU, and the very i)roducin^ tliem is a 
Ktirprize to us ; lot we shall pro\c, that this 
woman shewed some paj)ers to sir John i\lecre\s 
or his man, and that thereupon notice Mas 
^^Ivei), and the jiapers soon after seized. But 
whether thc<.e are they or nt>t, 1 cannot tell. 
I observed before upon the evidence of Mr. De- 
lafaye, Mr. Slanyan and Mr. Dovley ; a:;d 
though your lo:(l;shlp was of opimon* that it 
was sufficient to h&ve the paper called the 
t>chcme read, yet we hope it is far from bciu^ 
u conclusive evidence a^-ainst the prisoner, it 
DOtbein^ found in his custody; and ue shall 
produce several viho now are, and for many 
years have been well aci^uainted wi;h his hand- 
writing, who will ;;;ive your lordship their 
thoughts of it. 1 believe i\Ir. Attorney uould 
not have endeavoured to call witnesses that it 
was si<^ni'd by him, and was his own hand- 
writing, if he had not thou;^ht it material : yet 
wc hope that whun our witnesses are heard, no 
credit will be given by the jnry to it, as a fact 
to cbarg;e the prisoner. We shall g-ive you an 
account, if my instructions arc true, that 
Plunkett, IjNneh, and Mrs. Mason, who arc 
the persons chiefly concerned in the course of 
this evidence, arc of so scamlalouH and vile a 
character, that no re(<;ard at all is to be had to 
their testimony. The most honest men may 
mistake in their evidence, as Mr. Stauyan is 
pleased to i^jiy ; if he matle any mistakes, I am 
sali»fied they pioceeded from a defect of me- 
mory, and nu ilcsitrn, and he is certainly ex- 
cu^abie ; hut as for the other three. Lynch, 
Viunkett, and Mason, when you shall* have 
heard half what we have against them, I dare 
stay they will not have the least credit, though 
ihey had;^iven a much more pi-ohable evidence 
than they have done. Bat surely as it is, 
their eviilence cannot have. sufficient weif^t 
with yuu, to prevail affaiusl the lile. estate. 



and fiuxiily of the gefttlSuair lieK btAre von, lift^ m t knANr'U; 



and to fix a perpetual stain, upon him and 
his posterity. 

3Jr. Huiigerfurd, My lord, we shall call oar 
witnesses, and' begin with my k>rd North and 
(iny. 

Alt. Gen. W^e desire to know ivhatitisyoa 
call my lord North and Grey to pn>ve ? 

Mr. Ilungerj'urd, lie is to g'lse an accDunt 
of what passeil at his house, what Mr. Lynch 
said when he was there. 

L. C, J. Then you do admit that he was at 
the (jreen Man, and he weutto my lord North 
and Grey's afkrwards? 

Mr. Kctelbcy. lliere is their sheet-anchor. 

Mr. Hungetford, Wc admit we were at the 
Green Man, but committed no hipfh-treasou 
there ; your lordship hath set us ri<<^ht in the 
|M>ini of tiniinqr our evidence in the nature of 
this transaction ; it is proper to begin with the 
master of the Green Man. 

Mr. Mackrcth sworn. 

Mr. Hungerjord, Mr. Mackreth, pray, give 
my lord and the jury an account whether Kr. 
Layer, or Mr. Lynch were at your house lail 
summer, or how'lonc; they were there ? 

Mr. KeJclbcj/. i think you are master of the 
Green Man ? 

Mackrcth. Yes, Sir, upon the oath I have 
taken, f do not know that Mr. Layer was ever 
at my house. 

Mr. Ketelbey. Do you remember any thing 
of the Saturday the 2jlh of August ? 

Mackrcth. No, 1 cannot. 

Mr. Kctclbtj. Do you remember whether 
you were at home that day f 

Mackreth. 1 caiuiot tell : If it was on a Sa- ' 
turday ; on Saturday [ oflen attend the jus- 
tices at 1 1 ford. 

;Mr. Kclclbry. Do you know whether you 
was at home that day r 

Mackreth. 1 cannot tell. 

Blr. Kclcibej/. Do you know Mr. Layer? 

Mackrcth. I never saw him before io my 
life, as I know of. 

Mr. Kctclbty. Was there never any enquiry 
after him at your house ? 

Mackreth. No: There was the duke of 
Grafton and my lord Halifax came to my 
house some time since. The duke of Grafton 
intimated something of this a/Fair ; the duke of 
Grafton said to me. You are to be liau^: 
Hafisfed, for what.' said I. You and your 
friend Layer are to be hanged. Said I, I never 
saw him m my life. They walked to and fro 
in the hall. 'What, said they, do you know 
nothing of this Layer? Nu, 1 don't, as I hope 
to be saved, directly nor indirectly. 

Mi-s. Mackreth sworn. 

l^Ir. Hungcrford, Pray, do you remember 
any travellei-s at your bouse upon the 25th (£ 
August last? 

Mr. Ketelbeif. Do you remember when Mr« 
Layer was at your bouse ? 

Maekreik, IneTerHiwtbegGAtleiiiaBiDgqf 



H5] 



for High Treason. 



Mr. Keielhey. Are yon cunstantly at home? 

Mackreih, Yes, I have hardly time to go to 
diBreh. 

Hr. Ketelbey. Did yoa ever hear any thing 
«f a deelmration read ? 

- Mmckreth, I never heard any thing of it in 
■ydayiy my lord. 

Mr. Uun^erford. Pray, do you know tlie 
liOM Me pair of stairs forward in yoar house? 

Itmkreth, They are all forward, my lord. 

Vr. Hungerford. How far is the bar from 

Jkckreth. My bar is below stairs, even with 



Mr. Hungerford. If any thing is read there 
dM, in any of those rooms one pair of stairs, 
CmM yoa have heani it ? 

Mackrei/i, To be sure, my lord. 

John Paulj'reeman sworn. 

If. Hungerford. Do you remember any 
iif of this gentleman bemg at your master's 
Amr on the 25th of August last } 

Ftulfrtcman, 1 remember nothing at all 

•fi. 

. Mr. Hungerford. You remember nothing 
ffit? 

FaMffrecman. No ; to my knowledge I never 
«e bim before in my life. 

Mr. Hungeffttrd. Do yon remember any 
thing of some (leople dining there on a beef- : 
iteik? I 

Paulfreeman, No ; 1 don^t remember any j 
thing of it. I 

Mr. Hungerford. Do you remember tliis I 
gentleman's face ai;ain ? ' 

Pauffreemaif. No; I don't remember that 
erer 1 saw him before. I 

Mr. Hungerford, Is my lord 'Si^rih and ; 
Gmr there ? I 

Rfr. Hungerford. We shall examine my i 
lord North andGrey only as to some passages ' 
at his lordship's house, and chietly as to the ' 
character of this Lynch, and what a charac- . 
tcr he gave of himself; generally, a man i 
viH in^e a good character of himself, but he i 
^ otherwise. j 

Lord North and Grey sworn. 

Mr. Hungerford, If your lordship pleases to 

S're my lord and the jury what account you 
re of one Lynch. 

Lord North and Grey. My lord, that gen- 
leman that goes by the namit of Lynch I saw i 
l»ice ; he came twice to my house in Essex : ' 
/little thought ihat my having seen him twice j 
It my house, should lie I he occasion of my j 
coming hen* m such a manner. The gentle- 
naa vias wholly a stranger to me, and I have 
never seen him since. As to mvself, I cnnnut 
ay I know any thing of him pentonsilly. The : 
only tliini; I cnn say, is what he s^aid ot himself. I 
It is a liille lianl for a man of honour to betniy j 
convenaitim, what passed over a liottle of wine 
in discourse; but since your lonlship requires 
it, I must submit. 

The chief of our discourse was — H« was ro- 



A. D. 1722. [216 

presented to me as a stranger newly come 
to England, and had a mind to see' my house 
and gardens, lie was introduced, and brought 
there ^accordintfly by Mr. Layer, and 1 re- 
ceived him civilly. In process of time he told 
me the history of his life thus ; that he was 
not a Spanish, but an Irishman, and, my lord, 
1 think, educated in the camp under an uncle? 
of his. He told, that when he was a young 
man, he had takeu a great muny liberties. 

Serj. Pcn^e//y. My lord, we numbly appre- 
hend, this evidence is not proper to be given : 
If they have any particular tpiestiofis to ask of 
my lord, let the counsel projiose them, or ask 
my lord North and Grey to the character of 
Mr. Lynch in general : But thus to give an 
account (by way of repetition of a discourse 
between lord North and Grey and Mr. Lynch, 
where he was bom, and where he was bred up) 
and to give a history of particular facts, is what 
they ought not to do. 

Lord North and Grey. T am glad to be in- 
terrupted by that worthy gentleman. I only 
desire to know to what points yoa would be 
pleased to ask roe. 

L. C. J. Mr. Hungerford, you know what 
the rule of practice and evidence is, when ob- 
jections are made to the credit and reputation 
of the witness ; you cannot charge him with 

{)arlicular offences : For if that were to be al- 
owe<l, it would be impossible for a man to de- 
fend himself. You are not to examine to «he 
particular facts to charge the reputation of anr 
witness ; but only in general you are to ask 
what his character and reputation is. 

Mr. Hungerford. My lord North and Grey 
is an entire stranger to him : but he was only 
going to tell you what account Lynch gave of 
himself. 

L. C. J. That is very well. Consider, if 
that is not the same as if you were to charge 
him with particular facts. You say, he him- 
self, when he was with that noble* lord at his 
house, gave a character of himself much to his 
disadvantage. It is impossible for him in such 
a case to give an answer to it ; therefore by the 
rule of evidence \m\ cannot do it. 

Mr. Ketelbey.' If that noble lord was going 
to give any character of him which he heard 
from other persons it might alter the case. But 
surely wh^n thechaiacttM* he gives of him is 
grounded upon whai he ^aid of himself, is not 
that much stronger than the hearsay of othern, 
the talk of strangers ? The character he had of 
this person is from himself; therefore we hope 
he shall give it in evidence. 

Mr. Hungerford. If they won't let this noble 
lord enter into a relation of what character this 
Lynch gave of himself, we cannot help it. 

L. C. J. You know, if there he any ohjcc- 
tions to him, to his seneral rhnmctiL-r, he can 
answer them:* but if <ibjections are grounde*! 
on parlirular rharifes of his being a base, an 

♦ See Vol. 13, p. 1«7 ;. and Peake's Law of 
Evidence, ch. 3, an. Wimesscs, s. 2, art. Ge- 
neral Character, as there referred to. 



M7] 9 GEORGE I. 

infamous, and an ill man, not having any no- 
tice of this, it is Impossible for him to liefend 
himself. 

If you will ask my lord North and Grey 
what general character he gave of himself, 
you may. 

Mr. Hungerfcni. If my brief be true, the 
whole Ten Commandments hare been broken 
by him. 

X. C. J. Very well ; and so you charpre him 
with the breach of the Ten Commandments, 
and he most let it go for fact, because he can- 
not have an opportunity of defending himself. 

Mr. Ktttlhey. What character m jeenend 
did he give of nimself to your lordship r 

Lord North and Grey. I do nut know how 
to answer it, as to his giving a general charac- 
ter of himself. Tims much 1 must say, I saw 
him twice. The first time he was brought 
down by the gentleman at the bar ; the second 
time he came, he was ill received ; and 1 or- 
dered it should be told him, that in case he de- 
signed to stay there, that I had no room or 
anv lodging for him. As to particular things, 
I do not care to speak of them. I should be 
very sorry to say it when it was said in my 
company, and under my roof. 

Mr. Hungerford, We will not press it any 
farther. 

Lord North and Gr^, I must beg your 
lordship's leave, if the gentlemen have no far- 
ther to say to me, and your lordship have no 
farther commandsy that 1 may return to my 
prison. 

Mr. Hungerford, I hope yon will make way 
lor my lord North and Grey through the 
crowd : and, if your lordship pleases, we will 
go on with our evidence. 

George. Taltfo^sworn, 

Mr. Hungerford. Prav, give my lord and 
the jury an account of wliat you know of Mr. 
Lj^nch. — Mr. Stephen Lynch, what character 
hath he ? 

Talbot. Why, Sir, the character I know of 
him is this, that he is a man that hath been so 
extravagant, that he hath brought himself to 
necessity by it; kept very infamous com- 
pany. 

Mr. Hungerford. What character hath heP 
Hath he the character of an honest man ? 

Talbot. He hath a very indifferent sort of a 
character. 

Mr. Hungerford. Hath he a good or a bad 
diaracter f 

lalbot. The character I ran hear of him is 
a vpry had character. 

Mr. Ketelbey. We do not ask you as to the 
particulars of his life and conversation, but only 
the general character he hatli, and the opinion 
the world hath of liim ; whether he hath the 
character of an honest man, and is a person fit 
to he believed ? 

Talbot. The character 1 have had of him, is, 
thai he is not to be believed. 

Att.Oen, How lung have yoo known him ? 

Talboi. I have not Men bim these biz yean. 



Trial qfChridopker Layer^ 



[a» 



Att. Gen. What is your empkiyn 

Talbot. 1 am not able to follow any ( 
now. 

Att. Gen. He says he hath not w&ea bin 
these six years: how long ago waa yow ac- 
quaintance with him ? 

Talbot. I met him at the Canaries, when I 
was coming from thence, which is aboiit aZ; 
years affo ; I know nothing of him ainoe|lHt 
what 1 nave heard of bim. 

Att. Gen. Have you ever had any d e i Kn g a 
with him ? 

Talbot, I never had much dealinn with 
him ; what I have had have been very litlla In 
my advantage. 

Mr. Ketelbey. If Mr. Attorney desirea tha 
particulars- 
Mr. Hungerford. We conform ouradvei to 
your lordship's rule, to ask only to the general 
character of the man : but if 3Ir. AttoriMy will 
enter into particulars, we will join iaane wilk 
hitd, and go into that method too. 

Att, Gen. 1 asked him how long hahii 
known him, he says he had not seen Eim than 
six years. 

Mr. Ketelbey. Have you had a character if 
him? 

Talbot. The worst I could ever hear of any 
person ; I know nothing of myself, but what l 
have heard from others. 

Mr. Winchman sworn. 

Mr. Hungerford. Pray, give my lord and 
the jury an account of what you know of this 
Stenhen Lynch. 

tVinchman. I knew this gentleman fbnrleen 
years ago in the island of the Canaries, there 
he kept an Irish gentleman company, one Wil- 
son ; he was then well- beloved by every body : 
the gentleman took him into his company, and 
afterwards he grew extravagant and the gen- 
tleman turned him out of his company. 

Mr. Hungerford, Is he accounted an honest 
man, or a knave? 

Winchman, I will not trust him for any 
thing. 

Mr. Hungerford. You say von will^ not 
trust him for any thing ? — Winchman. No. 

Mr. Hungerford. The wiser you. 

Mr. Ketelbey, Is he a man to be credited? 
Can you believe what he says ? 

Winchman. I think I would not believe him. 

Mr. Ketelbey, You are right. 

Jame$ Darcy sworn. 

Mr. Ketelbey. How long have you known 
Mr. Stephen Lynch ? 

Darcy. About a twelve-month. 

Mr. Ketelbey. I do not ask you as to his par* 
ticidar life and convertAtion, but in general 
what is his character, is he a man to be neliev* 
ed or credited ? 

Darcy. I do not take it that he is. 

Att. Gen Where did you know him P 

Darcy. 1 first knew him Ust winlor ia J 
don. 

Mr. Hungerford. b IInGcoq;« I 



UBJ ^^^F for High Treason. 

P My lord, li«r« b n complaiJit mtide 
ie irjsmepifta caqU be let in. 



A. D. 175** 



[250 



I C.J. IWv must be lei m. 

hL 0<«, Wlm mode tbe complaint f 

lif« Him^rr/orc/* A geoilemikn here ill 



fiii Got. It M ilie business of^our fi4)l)ci(or5 
ibai way be niftde for your wit- 



Ht. Em^gerford* It in nol the busineis of 
yvm m'mm^titrm to fltop tbe pftAfliige. 

Sd Otm* They danH «lu|> tbe passage. 

Wt. Bfmgttford. No; Mfbm is vour Kusy 
flAvirf Ifticre [|K>iuUfi(; to cvlonel Huske^ u 

Seq. CktMhirr, We must stay here half an 
mat fsK rvery nittiefts. 

Sr, Fitz^^sld did not appesfi theo Mr* 
\ k^ ItSaioe wsk sworn. 

Il UmMgrrf'^'r ^Tr. BUke* do you know 
' <IMbb Ly^ncf . Yes, 8ir. 

m. Mungt^j ! J vs give lay toi-d and 

isjfvy •» Arxiiunt of ^tni, vrhetlier be is a 
'to be bt^iei ed or not :* 

1 beard a very ill cbaracler of bim 
•cm yearm ago. I have bcaid that be 
1 im wives. 
) MMBgirfard, H be to be believed or 



I know ootbiiig but by hearsay, 1 
li# it fiAt to be bebeved^ because [ have 
m \mm efaaracter of bitn. 



Mr. Coif i fix fcwoni. 
Mr- ITun£(rfK'd. Wiii you give my lord 
I [1 account of wbal you kuow of 

ikff 1 D6?er cxchang^ed a word with 

Mi:. Bumgerfurd. Wbat chsrocter bath be? 
I tbJ/iJti^ A I c-ry infamous character. 1 know 
JImi liy cyc-^w^bi only ; I have seen him upon 
[iSe Ea^iojci^r of l^oorion. 

FruMicr, Is be a person to be Credittd or 

lam? 

C4ifm» No, I bebere not. 

Mf. JrcifrA sworn. 
Trin§€rfi>r4^ Do you know Stephen 

r hatli be, 

.MP • |rfrnw»i It' I'v I'uii IjIS O&tb ? 

itr^cJL liklfi'tT 

Hr- Ujim^rf&rd. :... i..,^ baveyou known 

Trr^k, Sdtorcigbi monlbf. 

I r, M^Uty and Mr. Bhk^ twoni. < 
~Tr Ari'fift^t Mr. K»*)(ey, how long have 

il-*Mt» t« stepbcn Lyntrli t' 

' ^ * ' wn bim since tbe 
i.^<st, 
' "^if^ter, IS it an 



I aol TCfy file, 



^^ bimacha- 



Mr. KfUiUy, Mr, Blake, how long bare 
yoij krtOv%o Skjihpn Lynch T 

Bhiht. 8ir, 1 nearer bad any acquaintanot 
with bim, but i b&vc beard be bath a vile ctia- 
racier. 

Mr, Hun^tr/ord. Have you had any dis* 
rouise utHMit tbis Irialg have you b^ard any 
tbin^^ said by Lyncb bimsetf aUiul lh«* matter 
that is now in juiJtrnient before tliis court? 

Blakc^ There was one Mr. French, a par* 
ticular acquaintance with Lynch j 1 met Mr, 
French, bearing be wai» »! ibesume inn witli 
mCf (I Itelong to the IVliddle Tempt e) and he 
toNI me be wnnieU money. 

Sid, Gen. You know what he told you is ool 
evidence. 

Biake. 8aitb be, there is one Mr. Lynch 
owes me a eood deol of money, and I want lo 
ifo and sec bim, and I have no mind to jBfo there 
hy myself. Next ilay f consented to go a1on|^ 
with him, as thinking there coufd be no 
danger in that: when we came to him, 1 sus- 
pectf says Mr. Lyncb, that you come for some 
money tint 1 owe you. Upon that, be desired 
bim to Sit down, and told tbe gentleman lie was 
sorry he had diaapiioioted bim. Then he 
begun to talk of my ford North and Grey, and 
my lord Orrery, and Mr. l*ayer I believe I 
«batl bang him ; but as to my lord North and 
Grey, and my lord Orrery, i know nothing 
of them : I know nothing mor« of Mr. Layer, 
but what 1 had from bim himself. iSome 
words passed betiveen bim and me, and talking 
of my lord Towns hcnd, be Stit J my lord Towns^ 
bend was of a morose temper, but my lord 
Carteret was of a better teni|>er. 

I^Ir. Ketelbe^f. Speak to the purpose ; I desire 
to know what you cau say of Mr. Lunch's 
character F 

Blake, I don't know any thing of Lynch, 
but that be is of an infamous character, 

Mr. Kdelhey. What did besay of Mr. Layer? 

Blake, He said he would hang bim. 

31 r. Kttdhcy, Did he say any thing about 
the f ifcness ot lb© plot, or why or bow far he 
tbuu£;bt it bis duty to discover such villainy f 

Btakf, No, I donUknowof any such thing* 
l heard him say, my circtmisiances are very 
poor; and the motive that imUiced hitn to do 
tbi^« was to save tbe lives of a tbout^im^l people. 

Mr. Ilungerford. Did be speak any thing of 
getting money i 

Blake. No, I cannot say any such thing, 

L. C J. That is not a fair question. 

Blake. 1 CAU inft)rirt yonr lordship more i 
saitb he, f was forced to (f» Ibis ; but if I had 
got off from tbis affair; t would fikjh t any 
dojcen people in England to come oB'tVoin it. 

SoL Gen. Where do you live, Sir ? Do yoa 
live in tbe Middle-Temple P 

Blake. No ; 1 live at IMrs. Ireland^s iii Por- 
tugal eircel. 

Mr Uungtrford* In the conversation yott 
bad with Lynch, u'ai tbete talk of any tDoncy 
be was to have!* 

SoL Gen, You adktd bim that tjucstion be- 
fore, and was told ii wan not ti fair question. 



n 



251] 



9 GEO&GE I. 



Mr. Hungerford. I khiDk I did not. Mr. 
Darcy, what do you know more of Mr. Lynch ? 

Darcy, Sir, I went to see Mr. Lynch on 
account of some mone^' which I lent him, 
and when he was taken up in Manchester- 
court I went to see him ; there he received 
ine civilly, I took him aside and asked him for 
ray roon^y. I told him so freely, and asked 
him how he got money and several fine clothes 
which he had P he told me a lady used to come 
twice or thrice a week to visit him, and this 
lady was the mistress or daughter of one of the 
chief ministers of England; he said this 
woman 

L. C. J. You must not, put him in this way. 

Mr. Kttelbey. Mr. Blake, have you given an 
account of the character of this Lynch ? I 
only ask you the general character. 

Blake. I have told you already. 

Prisoner. I have two or three more to the 
same purpose. 

Terry sworn. 

PrUoner, How long have you known Lynch ? 

Terry. Seven years. 

Prisoner, Hath he the character of an honest 
manP 

Terry, He hath the character of being a 
loose young fellow ; that is all i know of him. 

Pnsoner. Is his character good or bad f 

Terry, His character is loose. 

Mr. Hamilton sworn. 

Prisoner, Do you know this Stephen Lynch ? 

Hamilton, Yes. 

Prisoner, What character is he of, is he to 
be believed ? 

Hamilton, No, I believe not ; f was cautions 
of keeping him company ; I believe him to be 
of a vile, infamous character, that will do or 
swear any thing. 

Mr. Hungerford, We leave the character of 
this Lynch here, with the weight of the 
blemishes charge<l upon him by our witnesses, 
to the consideration of the jury. 

There is another of the witnesses, Mr. Plun- 
kett, to whose character we shall likewise exa- 
mine. We shall call a witness or two to that 
matter, and then we shall close. 

Mr. Thomas Brown sworn. 

Mr. Ketclhey, Do you know Plunkett ? 

Brown, Yis, I have known him these ten 
years. 

Mr. Ketclhey, What is his general character? 

Brovn. He baHi but an indifferent cha- 
racter. 

Mr. KeteUey. Is he a man to be believed ? 

Brown, No, my lord, I doii*t believe he is. 

Mr. Keating sworn. 

Mr. Ketelbey, Have you known Mr. Plun- 
kett, and how long ? ^ 

Keating, 1 never had any knowjedgvofhim 
before tht* beginning of July last. 

Mr. Ketelbey. What character and reputatloii 
litthheP fibtliheagoodoranillclMnMMc^ 



Trial of Christopher Layer ^ 

Keating. I will tell you : about th< 
niug of July last a man that owed no 
money on a note of his hand 

SoL Gen, My lord, we must opp 
going into particulars ; they know t 
confined to examine as to his general cl 
only. 

Mr. Hungerford. But if the gentten 
follow some of your examples, and in 
himself by prefaces, we can't help it. ^ 

L,C,J. To a general question yb 
give a general answer. 

Keating, The knowledge I have had 
I never knew any thing tolerable in hb : 
I never heard a good character of him. 

Mr. Ketelhev, Did you ever hear a hi 

Keating, Yes, a rery •Hiad one, that 
a drunken, idle felfow, always kept c( 
with otli^ women. 

Mr. Ketelbey. And from the charact 
have had of him, do you think there 
credit to be given to him ? 

Keating, No, I don't think there is. 

Mr. Hungerford. My lord, here we y 
a man of quality, sir Daniel O'Carroll. 

Sir Daniel 0^ Carroll sworn. 

Mr. Hungerford. Do you know PIi 

Sir Daniel. Yes, Sir, l do. 

Mr. Hungerford. Pray, what is his 
character ? 

Sir Daniel. 1 can give no good one < 
for it is a mighty bad character he ha 
caused his colouel to be brought to tow 
examined 

Mr. Ketelbey. I only ask you in g 
don't enter into the |>articnlafs: I only 
general, from the character he hath 
world, do you look upon him as a con 
witness to be believed against another n 

Sir Daniel. I woulii not take his e^ 
to hang a dog. 

Mr. Hungerford, And here he attei 
hang a Protestant ! 

Mr. Thomas Spelman sworn. 

Mr. Ketelbey. Do yon know this P|i 
and how long have you known him ? 

Spelman, i have kno^ n him seven c 
years. 

Mr. Ketelbey. What is his general ch 
in his life and conversation ? 

Spelman. I never knew any ill done li 

Mr. Ketelbey/. What is his character 

Spelman. l can't give any characi 
man I dtni't kn(»w. All 1 know of h 
about a dispute between him and sir 
Carroll about a horse, and his desiring tL 
yer to sue sir Daniel. 

Mr. Hungerford, Did he not say 
thing before that ? 

Spelman. He said, the lawyer be en; 
woold do bim jnstioe. 

Att. Oen. Yoa wy yott dw*t ^^i^ 




Jtft High Treason^ 

fjmmtfrt^fhrd. Do ^ou know ibis Plan- 

, Id tue tell you *, I liave 

LAnti:>rii iuu-<: upon ihii£ acc4)unlt Hie 
Oial 1 bntu^^bt Pliiiikeit lo he uc- 
^.*). \i. » .-r, Mr Layer's man 
K , Mr. Laijer bad bis 

z*. ; n\wa tlmt 1 tient 

ii 1) liave two fioltticrs 

^ I. (JO to Mr. Ltt)er*8 

^ bailiffs thai baf c w loogr* 
'^\ ^ou must go and turn 
mi. JO with the sohliers, nod 

tlir * ' > 'f the house \ upon which 

Mj:, Lmjct liai c him half- &- crown : alttfr ibis 

Piiu) fio friend but me ; and he 
• aoU desired me to apply 
for some money he &aid 
r n tiorsc, 1 tohl him 1 thought 
|>rr»i«ir Daniel upon that ac- 
It ■ • t : Hrf rnomhs a^ he came 
I Mr. Ijiyer in Un- 
oitt k . , u.uL Mr. Layer did nut 

\mm bim ; i tutd him^bayshe, i am one of 

Oivt tlial ft rv« (I tiirn at sucit a lime, and (hat 

la bail («^i •M-a-crown, and that then 

l--^ Tied him. This is all I 

^rn, and will tcl) the tnitli* 

jrd. Is be a man as may be 

tCi^u ypoo his oatU^ or not? 

tU. I must tell vou, that I found 

. wm maov mistaken about hii* own wife, 

by Gndf I would not take his word fur a 



A. D. \72f. 



[254 



x 



Httft^frfbrd, This contradicts what 

...I .. ... I ^ twecn him and 

I Is, with respect 
..T .,.,^ ». v.oi^u^it fetrms to be 
rai^rtM^» 

How doth it? 1 am to team again, 
laworc, that heentno with him under 
way , and tbrre, after he had talked with 
■i bv i;au> him half-a-crown. This gentle- 
t «wtn hr fr^vr it to bim for the service he 

-fiance of time before. 
3' Go 00^ but donH iwear 

jUcpii iitjy ujurr. 

Bt9^tuY/i I ntn a iioldier, a man of hononr, 

' ' uld not do an ill tiling 

i^u¥ I have been M^nt 



* ^if e in buit| and he would 

^ bat did Mr. PluukeU say 
► t whai pajised betvieen you 

Jt !f r tn!d mr Mr. Laver gate him 
the service he 
iiiti{^ tb«ofi&c«ni 

rap Fht/lip$ nwQvn^ 
takiiow Pluolcettf 



^h^tipi. Yea. 

Frigoncr* What character h^lh he ? 

Pfiulips. 1 think, by ivhul I have known by 
him, he h not to be Ixdieved. 

Prisoner. Is that bis general character? 

Fhylipi* It ia; Ui at every hody gives him 
that knows him. 

Altjundtr Thytips %vfQvt\. 

Mr. KeUlhey, Do you know Plu&kettf 

mi/lips. Yes. 

Mr. ketelifty. Flow long have you koowo 
bim? 

Philips, I have known him about eleveo 
weeks. 

Mr. Kvtelbcy, TV hat character hath be f 

L, C J. I never heard tbe like ; when you 
give the character of a man, you g'ive thai 
character by men that have not koowQ biui 
above eleven or twelve weeks. 

Mr, HungcrforU. Have you ever bad ai^y 
dealing with him ? 

Phyiipi. No, not I ; but my uncle hath. 

X. C J. Most of your witnessiies have known 
him but a little time, seven weeks, eight weeks, 
eJeven weeks, ^c. It would almoat make % 
man suspect, that some jjoopie have been set 
up on purpose to give an ill character of these 
people on this occasion. To talk of seven or 
eight weeks acquaintance 1 

Mf . Hun grr ford. That maa is crowded in 
I don't knuw how, but sir Daniel Carroll ia 
tumbled about and cannot get out; sir Daniel 
is a t^entlcman of merit, and as 9uch liutb beea 
distiD^^uiahed by the government) uod ought to 
he treated a httle better. 

Patrick Atahone sworn, 

Mr. Ket. What ch.n at tcr hath Mr. Plunkettf 

Mahohf, 1 have known Mr. Plunk* It several 
year«{« and that he wub un iiltf, broken man, and 
a great liur, and not to Ihj believed. 

Mr Hunger/oni. He would lye before and 
l>ehuuK I think you s^iy ? 

Miihone. Yes, he did. 

Mr. Kci, Do you think he is to be oredited, 
if he u>mea to give lesttmony agaioat • 
petaon ? 

Miihone. Upon my word,! think he is not, 
by what he told me ; liecause 1 have found hioi 
to lye backwards and forwards. 

Mrs. Chiid Bwoni. 

Mr. Kti. Mrs. Child, pray have you bad 
any discourse lately with Mr.'Plunkett ihe Ser- 
jeant ? 

Chtld. I never Inid any discourse with him 
but that d^y my hit^huinl waticonfmed, when I 
run to look for' Mr. Plunkat** wife» and Plun- 
kett's wife was not at horne^ but was gone to 
sei» her husband at the m«'*se»*f ers ; I wctit 
thither; Mr. Phmkelt hearing I was at the 
door, he desired that I should come iu. SaitU 
he, MrK. Cliild, how comrs it that vnur hunbaud 
dolh not come to see me? Vou know, savs 1, 
ypou what aocouut my huiband ahients him- 
sell; W hy , he t* wot takvu up y el Y Yes. «») a 



< 



855] 



9 GEORGE I. 



Trial of Christoplier Laytr^ 



I, be if, and confined upon yonr account. He 
takes me by the band, be takes me into tbe 
coal- bole, and take notice wbat I say to you, 
and set to voor busband and tell him quickly. 
Andne told me that he took my busband to a 
lawyer that was gohig to pay on tbe 18/. that 
sir Daniel Carroll owed biro, and tbe lawyer 
would not see him, and so they came away to- 
gether. 

AU» Gen. She speaks much to tbe purpose : 
for she confirms wnat Mr. Plunkett swore. 

Mr. Kei. What did Plunkett say ? 

Child. He said, he was going to get a settle- 
ment for life. 

Vkv.Ktt. What was be to get a settlement ibrP 

Cluld, For wbat be said of Mr. Layer ; a 
etory be had told me of my husband. 

i. C. J. You ba?e called a great manywit- 
nesses to the disreputation of Lvnch and Plun- 
kett, to say th^ na?e generally ill characters, 
and are File, infamous fellows, and not to be be- 
lieved ; and there is tbe substance of all your 
evidence if you stay here till to-morrow 
morning. , 

Alice Dunn sworn. 

Mr. KeU Do you know what character 
Plunkett hath f 

Dunn. His character I had firom himself, 
that he lived with another man's wife. 

Mr. Ket. Hath he a good or bad character P 

Dunn. He hath a bad character. 

Mr. JUL Is he to be believed ? ^ 

Dunn, No, he is not to be believed. 

John Richmond sworn. 

Mr. Ket. Here, Richmond, have you seen 
Plunkett lately ?'~Richmond. No. 

Mr. Ket. How loui»; is it ago since you saw 
himP 

Richmond. About three weeks aso and more. 

Mr. Ket. What discourse bad ^ou with 
I^unkeit at that time when you saw him ? 

Richmond. Plunkett asked me if I was a 
servant oi* Mr. Layer's ? I said, I was ; and in 
discourse I aske<l Lim if he had ever received 
any money of Mr. Layer for the use of the 
Pretender ? He kneeled down upon his knees, 
and struck himself upon his breast, and said, he 
never bad received any money of Mr. Layer 
for the use of the Pretender in his life-time. 

Mr. Ket. How long is this? Is it three 
weeks ? 

Richmond, I believe it is about six weeks ago. 

Mr. Ket. Who was present besides you ? 

Richmond. There was nobody else in the 
room. 

L. C. J. I would be glad to know, that he 
never received any money for the use of tbe 
Pretender, what do you mean by that ? 

Richmond. He kneeled down upon his knees, 
and said, be wished he might be damned if ever 
be received any money for the use of the Pre- 
tender. 

Mr. Hungetford. Year lordship may re- 
member Plunkett swore, that Layer gave bim 
btlf acrown al onetime^ and other mon^ at 



several other times; and now he 
swears upon his bended knees that be 
ceived any money for the use of the ! 
that is, upon his account. 

L. C. J, When you are drawii 
quences from tbe expressions, cons 
those expressions are: He solemnli 
that he never received any money f 
of the Pretender. It doth not apne 
did ; nor did he say that he did. W 

Mr. Ket. My lord, we will leave it 
Plunkett : We will beg leave to call 
nesses as to Mrs. Mason's character. 

Mrs. Clayton sworn. 

Mr. Ket. Doyou know Mrs. Masc 
Buda, or Mrs. Eferbert, or wbat do yc 

Clayton. I know her by all thos 
Buda is the name she always used i 
she bath eone by tbe name of M 
Bevan, and Herbert. 

Mr. 4Cet. What is her character ai 
tion ?'^Clayton. Very indifferent. 

Mr. Ket. Is it bad or good ? 

Clayton. Very bad. 

Mr. Ket. Have you had any talk 
at any time about su* John Meers an 
Thomas? 

Clayton. I have heard her say tha 

Sol. Gen. They are asking what tl 
bath heard Mrs. Mason say at any t 
sir John Meers and bis man, wh 
to a particular fact, surely is not 
question. 

Mr. Hungerford. What have you 
say about any papers ? 

Clayton. Isee her have a printed 
used to go often where Mrs. Maso 
and goine one day there I saw a ( 
sitting, which was Mr. Layer : He I 

{lorter for Mrs. Mason. When she c 
le, the parliament- man I was speakin 
{irovided of tbe 3001. 1 have a goo 
end it bim. 

Mr. Hungerford, Pray, how d 
Mason get her living? 

Claifton. By deluding young wc 
carrvrnflf them about for money. 

Mr. Hungerford. That is to say a I 
not? — Clayton. Yes. 

Mr. Ket. Did you hear of any re 
was to have bv coming here ? 

Clayton. She said she was to be p 
she would not do it. 

L. C. J. What do you mean ? ' 
been so often admonished by the Cou 
signifies nothing. You are charg 
Auison with being a bawd, when y 
only to enquire as to her general cha 

Mr. Ketelbey. I asked you gem 
question, whether she had a good-or i 
racter? 

Clayton. I did answer that questioi 

L. C. J. At this rate tbe most inna 
sons may be branded as the dmmI 
villains; and it ia impooiUa iorthi 



for High Treason, 

Mrs. Peirce sworn. 
\trford, What do you kDOw of this 

know I lodged in the house where 
e. 

Itrford, What character hath she ; 
)r a had one ? 
k very indifferent one. 

Is she to be believed or credited ? 
4o, she is not to be credited. 
gitrford. Had she a good reputa- 
ilmmons one ? 
$he bath a bad reputation. 
igtUy, You have seen Mr. Layer 
rirce. Ye«. 

Mrs. Tri7A:inMm sworn. 

tUbey. Do you know this Mrs. 

». I don*t know Mrs. Mason ; but 
I. Bevan. 

ihiy. What character hath she ? 
fi. I know her to be a vile woman, 
>t care w hat she says, or what she 

*Ihey. \% that her (i^rneral character? 
m. Always since I have kuowu her. 
f/6ey. How long is that ? 
Ml, About two years. 

Mr. lyytT swum. 

ih€y. Mr. Dyer, Do you know Mrs. 

T^tr, I kodw one Be van. 

cflry. How long have you known 

(be liveil with me 13 or 14 years ago. 

rf6ry. What was her character then ? 

Ibe robbed my Hhoii, and 1 sent her 

•II. 

tlhcy. What is lier character and re- 

iw? 

1 desire you to forbear this irre- 
liee. 

Strford. Is this woman to be cre- 
-^Dytr. 1 know nothing of that. 

Mrs. Basket t sworn. 

r. Had you any discourse with Mrs. 
'Batketl. No, !Sir, I donH know her. 
f. Had you any discourse with herf 
t. ldoQ*t know her. 
r. Nor Mrs. Bnda ? 
t. No, 1 don't know her. 
Br, Nor Mrs. Bevau ':* 
1 1 don't know her at all. 
1^. Do you kuow ."^Ir. Lynch? Have 
lliiiktdv? 

^'Imwhim l-st nij^ht. 
ff^ DmI you hear hun say wliat re- ■ 
ilihtvefor s\*«'a»iiig U'^aiijAt me? . 
*^ miMt not be. 

^^au not hear him sny he was j 
■^earing a-;aiiist me :' 
ta a conipa.s!»ion for you, 
■bb from you, wliith we 
Mjttlse. 



A. D. 1722. [258 

SoL Gen. My lord, this id not to be eudured. 
The prisoner turns about to the jury, and tells 
them that Lyuch said be was to have 500/. 
a year. 

jVlr. Hungerford. I believe the geatleman 
tliat sat next to him did not hear him. 

Mr. Wearg, My lord, I did hear bim say to 
the jury, that Lynch said he was to have 500/. 
a year. 

L. C. J. T must tell yon, if you did but con- 
sider of what little consequence it would be to 
you, you would not do it : when you thought 
nt to make him your confidant, carry bim to 
the Green Man with von, and to my lord 
North and Grey's ; and there be was enter- 
tained courteotuly by him ; and do you come 
now to brand him with beii^ an ill man ? 

Prisoner. Lvnch savs himself, that be did 
not know me till June last ; and bow could £ 
have so much friendship for bim on so short 
an acquaintance? 

X. C. /. Tbeu for this woman, if you would 
do service to yourself, prove the packets are 
not under your seal, and that you did not de- 
liver them to her with your own band ; prove 
something of that, and these proofs will be of 
more service to you than ten thousand of 
these witnesses. 

Prisoner. My lord, if 1 was admitted to 
prove, 1 can make it appear it is all a sbaia 
and a forgery. 

Mr. Wingerford, It was Dcter proved to be 
bis seal. 

L, C. J. You are mistaken : the woman 
swore it was his seal, and the officers sworo 
they were under the seals when they seized 
them ; and it is proved now to be bis seal, for 
the seal is visible. 

Prisoner. How do they prove it to be my 
seal? iMy lord, it is not my seal, i desire 
major Barnewell may be asked as to this 
woman's character. 

Barnizvell. 1 know her: she is a vile woman; 
she hud like to have cheated me of 1,500/. 

P/ isoner. You are only asked as to her cha- 
racter in tjeueral. Is she a woman to be cre- 
dited, or not? 

Bamewell. No, she is not. 

Mr. Ketftbey. I hope you are satisfied with 
this general answer. 

Mr. Hungerford. They won't tet us go into 
particulars ; that the course of practice won't 
allow. 

Mr. KetelOcy. It is imponsiUe for us t^ 
dli'cct the answers to the questions. 

Mr. Lcbutt swum. 

PrUoner, Mr. Leluitt, pray, give my lordl 
and the jury a general account of this Mrs. 
Buda, or Mrs. .Mason, whether she ought 
to Ih* credited or not, or t;ain crc<iit? 

Lebfilt. No: .she would take any body's 
liCc uwuv for the value of a f:irt!iii);^. 

Mr. ilungerford. Now, my lord, we will 
close our evidcni-e as lo the character of these 
witnt'sses againi^t the pristmcr at the bar : we 
hope we barcpro^ed their characters to be so 

S 



f59J 



9 GEORGE I. 



Trial of Christopher Layers, 



infamous, as no jury upon earth will beliere 

I hero. Here is this to he observed 

Fritoner. I be^ panlon ; liei-e is mipfhty 
talk of my arms: I am so fortunate as to 
have a person here that will give 3'ou an ac- 
count of them, and bow tm^y came to be 
brought thither. 

Mr. Bowers iwora. 

Mr. Ketelbey. What trade aic you of? 

Boaers. A gunsmith. 

Mr. Ketelhetf, Did you make any fuzecs ? 

Prisoner. >lo ; pray, let me ask him : pra^', 
give my lord and the jury an account ot a 
blunderbuss, a fuzee, a carbine, and pistols; 
what you know of them. Did not you owe 
me six pound on a note under your liand ? 

Bowers, My lord, about five or six months 
a^, Mr. Layer had a law suit for we : I sold 
him a pair of pistols, and a little after I sold 
bim another pair. Mr. Layer had them for a 
debt : he had in his house two guns, i pro- 
mised Mr. Beunet a gun when the cause was 
over, instead of money . 1 gave him one of those 
guns: there is another gun, and a musket 
which- Mr. Layer had of me. 

Mr. Layer had a note of mine for six pound, 
which I oived him : 1 importuned him to take 
a carbine for a man to ride whb, and a blun- 
derbuss for bis house, in order to set off this 
debt ; and I brought him them when he was 
goinff into the countrv : I brought him some 

Eowder, and I brought him three doaen and a 
alf of cartridges. 

Prisoner. Did 1 order you to bring them, or 
did you brinff them of your own head ? 

Awers, You hid me bring a dozen and a 
half, or two dozen $ and I brought three dozen 
and a half: the reason was, that 1 might 
shorten my own debt. 

Mr. Baynhcm sworn. 

Prisoner, Pray, will you give my lord and 
the jury aq account of the piece of arms I 
had of you, and for what reason. 

■ Raynham, 1 went with him to one Mr. 
Prichard's in Frid.iy- street, there was a musket 
in his com pting- house; he said he would dis- 
pose of it: Mr. Layer asked him his price; he 
said he would have fiOy shillings for it. Mr. 
Layer saiil, that was tuo nni<:h ; says he, you 
shall have a trini of it ; and if your sister car- 
rier her cause against Mr. Watson, you shall 
give me 50x. for it. 

Prisoner, Did he put it on me, or did 1 
desire it? 

Raynham, You asked him what it was 
worth, and whether he would dispose of it ? 

Prisoner, Did not he say several times that 
he warned to diFpoae of it, and desired me to 
t«ke it on (ho2>e tcrnin ? 

Ixaynhdm, ^'c.< : ho said on that condition 
that your si^t^r ;:rot li^u* cause ycu should have 
it, anid give him 5Uj. for it. 

BIr. Sttmuel SUn-ard sworn. 
Prisoner, Mr. S^«*ward, only give my lord 
and. the jury an account whether or no I wni 



not intrusted with things of great 1 
what occasioh 1 might nave for a f< 
whether you don*t know of money p 
mortgages P 

Steward, Yea, to the value of 30 c 
within these two years. 

Prisoner. Don*i you think it reai 
to these arms, that 1 shuuld have th 
house to guard my hou.sc ? 

Steward, I thought it \ery reason 

Mr. Huugcrford. My lonl, we 
with examining witnesses, to the cr 
witnesses produced a<Tainst the pris 
leave that matter to the considurat 
jury. 

Mr. Ketelbey. Pray, Mr. Stewai 
look upon that paper they call A Scl 
a French motto upon it. Before 
uiK>n that paper, 1 ask you if you are 
with the hand-writing of xMr. Layer 

Steward. Yes, very well. 

Mr. Ketelbey, How long have y< 
quainted with his hand-writinir ? 

Steward, Two years and a half. 

Mr. Ketelbey, Have you nt anv 
him write? — Steward, Yes, a thou! 

Mr. Ketelbey. Do you believe th 
hand? 

Steward, I do not believe it to l>e 

Prisoner, Is it like I he character 

Steward. Not at all : you write 
character ; this is a long one. 

Mr. Benntt sworn. 

Mr. KetcWey, Have you been 
with the hand-writing of Mr. L.iypr 

Ben net, I have been very wtll 
with the liand-writin(r of Mr. Layer 

Mr. Ketelbey, You have seen liiii 

Bemift, Very often, a thousand a 
sand limc^. 

Mr. Ketelbey, liook upon that pa 
you believe thut to be his liand-writii 

Beunet. No, my lord, 1 do not I 
to be his hand- writing : i never saM 
a hand like it in my life. 1 don't tli 
his own hand- writing at all ; 1 nev< 
write such a hand tfs this. 

Att Gen. 8hew him that [>apcr 
was a paper seized among the prisor 
in the great bundle.] Look on that 
gi\e my loni and the jury nn accu 
know whobe hand-writing it is. 

Bennet. I believe it is my 
writing. 

Att, Gen, By whose directior 
write it? — Bennet, By Mr. Layer' 

Att, Gen, For what purpose was 

Bennet. I can't remember. 

Att, Gen. Did you write th; 
Layer ? 

Jiennet, I believe 1 did ; but J 
what particidar reason I writ it for. 

Att, Gen. Now, my lord, here it 
papers that were fmiud in the bmidl 
the list* were fiMind, proved ts he 1 
Layer'a ckdc by iM.iUiictieai. 



flelipotitif^lufoitsiMllN*- 

Mllii^'lMiid-writiiiff • Tct M to Irfi 

VAeO. IttoAlistofimiiier 
ttoiAgf. ^BdSmyoareidHyWlist^a 

tali. Mylord,1ieMidiCwttiihiihiui3. 



iL».'l7«l 



l^ 



. ThIfiiWi found «0oiigft1ifa pajpers 
Idp. ftwtsU&enfDtbttlSiiii- 
»tiie lifts were. 

Meftejr. We rabmft it to jfoor lord- 
|1tte lory : ire ipprehend we ftncve 
lirSebeiBe not to belooflr to Mr. Layer. 
imOed two witiieMet tbatbcfelmoWta 
^ jewt, and have seen hiin write a 
gr fhnca, md tinft they Terily beUei^e 
llafcia facnd-writiBg. We don't knoir 
■ peaiiMe to leate it on a better foot. 



% my lord, we aball leare it to yonr 
Mmelioii, and the ifODsideratioB flf the 

fcijfrfinf. Ifylordy&ntbatlilwid 
Mrfv, ia» Aal ttrit fentleman is indicted 
If tovaaoB. The main of the dim^ 
\ Wf that he was concerned in de- 
s'anlnsarrectiou. How that ^p- 
■va proved, 1 bare spoke to already ; 

Bi be allowed, that wbatseever deao- 
^eonaeqacnioes miriit now have en- 
lii iMdh bMi no Mood shed, no armiea 
fc | t n s aa S o na attempted: and I chink 
M-lfti evidence that comes not np to 
MrHIhe indictment, the blood of tbia 
^Wrht not to be reached : at least 
flNlmpe it shall not. 
mt. tiky lord, as to Lynch, it appears 
fc r iaa ru into Essex was merely aoci- 
WUa we came to the Green Nan, we 
there three quarters of an boor ; 
we went down twice in the time, 
business, this pobUsbinff a de- 
j of an insurrection, Which is 
laid as an overt act in Essex ; 
done before dinner bv his Own own- 
I not three quarters of an boor firom 
t in, till the time we came out. 
|o my lord North and Orev'a ; 
was niere, he is asked, if there 
s there about any such design P 
iras nothing said of it there. Is 
snch a design was on foof, he 
\ ahonid go together to the Green 
Jhly recapitulate the alfiiir ; 
I ire came to my lord North and 
' fabonldbesaidofit? 

\ to Ptuokett, hesaitb that he 

1 with me first of all, by rea- 

I that were seised in a bouse 

^ that he never saw me till 

■%ia in Lincoln's-inn-fields. 

"Am know me : we lookhig 

Van be venewed his ac- 

^Md me of foe former 

' ttodthereononlgave 

kteMidtmssheb 



kto tyine fo Ibtii^ into the IMmdeifViir- 
vice. Be conrtMsd, is t proted by iuyor 
BarMi#dn, thai I gave it bidllbrfortiier ear* 
tices. JU ID ifob tbirtifen Ahfltlnga, he waa 
askeHy ^R^wCber he did not eonie to borrow aoek 

aasiil'df money of mv '.' \ie K^^id Ir; ilhl ; it 
■was In Older to release n^njor Bameiw^ell out of 
the'lBdiilMilsca. Beinti; asked uh ether Ire was 
nok'aiq^nted ivitli m Datiid Cj\rroU, and 
whether there wils not some lUflTercnce about a 
lidiM )n 'Spain betweeii them ? He said them 
WALbaii ttuit lie came to tkdvbe ^ith me, wbe- 
IherliO oonld reco? er tbe mottey of Daniel Cftr* 
rollf 'Is It not nataral thai tUe giimea he talks 
'of mitflft be anoiber matiS muoej, lb at was 
tdWhnil tVouc Jeffjevs was striit to him by 
me: haialkK to faim as' to that guinea, when he 
coniea to be aiked^ wbelber it waij not purely 
out Of.ldndness md charity that 1 did lead liitn 
fliat goinea f He doth not deny it % aQtl now 
wonid inalnimte that it wa3 gi^en hira to list 
men ftfr die Fmender. From ibe iroprolabj- 
lity cfthe fob if, frotn hiis own owning, no per- 
son Goold believe tiitn. 1 bdiei^e tlit^re are 
ttinety-nine out of a hitadred tbat cannot Ik;- 
lltfve one word that eUber Lynch or Plutikeli 



n 



Then the neit tnatitr they taOc of, tbey 
doceai^ebeme: kov bard and ilifficitljbwf 
to ffive any evidSMtelbat so it sboaTd be leiMi ; 
and I bumbly apnreheod it did ndit strictW 
amoniittoiegiUevldeiiee. Mr.IKiyley.lieaaiOt 
fie knew my band U or 15 yOteaago, mid that 
be bath rsorived letters from njeiiboiit 5 ycara 
ago, and hath odmoartitlhls scheme withtboi)a 
letters; and tbefdbre bis helices it to fie my 
hand. When he comes to be asked, whether 
he bath thoae letters here with which he com- 
pared this schbme P No, I have them not here : 
yet chiefly hu belief was that it was my hand- 
writing, by cdinpariiig these letters and thia 
scheme to^foer. This amounts to nothinjr 
tnore, when it comes strictly to be eonndereOt 
than only a similitude of hands, and swely si- 
militude of hand, with snbmission, ia not proof 
in criminal cases : and when It aoAOonta to no 
more, it ought not to be received. 

Here is, say they, a circumstance that what 
Lynch and Piunkett swore must be true, be- 
cause here was a scheme for an insurrectioo. 
In this very scheme or paper, as 1 took notice 
of, not one man is mentioned by name in it ; 
only soldiers to be hod here, the Tower to ba 
seized, the Bank and the Exchange to be aeis- 
ed, and the world to be turned upside down ; 
but by whom P There is no time mentioned, 
there is no date to it This thing, if it be such 
a scheme, if it had been written by me, which 
I absolutely deny that it was wnt by me, it 
doth not appear but that it was written several 
years ago. When they come to ask those gen- 
tlemen, the under- secretaries, if this be so re- 
markable that they lay the whole stress upon 
this paper,> whether I acknowledged it to ba 
mine, tney could not say I owned it to be mine. 
One of the lords lays his finger on a paper *^ 
aailhy JDobt yott say thia abam amaf 



J631 



9 GEORGE I. 



L^t deny to be to. flow comes it that none of 
rtiiose lords directlj oflfered the paper to me, 
pMiit asked me^ Is ihbt your hanii-writincfi^ 
FTbere was my Lord Chancellor, my lord liar- 
Icourt, and several other lords present, ihat very 
flikely would have »^ke4 that question ; but 
r cither they did Dot thiuk it material, or they 
r liad not the paper there, or they did not think 
I It of that consequence, or they Itnew I would 
^deny it. 

When we come to call witnesses to this wo- 
^man, this vile, this iofaoious woraaOf I could 
Tihcw you she Ijath been privy to torjj;eri*?8. If 

it was not to take up your lordship^s iime^ I 
r could shew that this is a contriTaoce between 
[m gentleman and her ; 1 ara very loth to name 

aim, to carry on such a paper as this to get 
"money of the go?eraix)ent. 

Here havne been five or h\x wiioeases, whtise 
F credit stands onimpeacbed, who tell you Iter 
t%'ord is not to be taken for a throat. Another 
, be would not bao^ a dog on her evi- 
Jitfeoce. This Scheme must come from her ; 
F«be sav9, she had two bundles of papers that 
J'^t-ere delivered by me to her »eatetl up ; and 
itlie says this Scheme was amon^t them ; and 
ribe can the better swear it, Itecause she bath 
^»et her mark upon it. Ooe of the messengers 
Jdolh not know whether she was in the room or 
'no. if this woman is not to be believed, then 

all the other evidence relating to ihh paper falls 
the ground. It is a maxim in reason as well 
^Rs law } take away the Ibuodiition, and the 
[Work must falK 

Gentlemen of the jury, I would have you to 
.take notice of this evidence, and not go away 
^"with a mistaken notion^ because here is a vast 

ileal of talk about the Pretender, going to Rome, 
rltstiug of soldiers for the Pretender's service, 
J Sec, Your lordship will tell them all that is 
rtiothing^, unless they believed an overt act to be 

done in Essex r that is the true Estate of the 
^ case with bumble submission. Therefore I 
'bopp such evidence as this evidence of Lynch 

and Phiiikelt (but only to confiue it to that of 
^ J^lr. Lynch) Oaih proved nothing at all against 
'me ; and if what be hath sworn doth not affect 

Die, then all the other standi for nothing : that 
'is the true stale of the case. I would not have 
'*^the jury think a man is to he hunted out of Lis 
[life by fine speeches, farfetched innuendoes^ 

and the like. You will consider the character 
■"of this man, thai he is not to be lielievt^d. Til 
rieave it to you, and 1 hope God Almi^fhty will 
^ direct you : I ask you no more thnn justice. 

If a mau's life is to be taken away by such 
l^ scandalous evidence as hath apfieared against 
I ^e, there is an end of all your libertiey, your 

wives may be taken from you^ your children 

inade slaves, and all thfal is valunble to you, 
I jonr lives and estates will be hut very preca- 
\ lions. 

. SjL Gen. May it please your lordship, and 

ryou gentlemen of the jury, you have heard a 

»erv long evidence, and it is my part, as ex- 

muY and faithfully aa I cmi, to sum up to you 




TrialofChrisfophfY Layeff [264 

the substance nf il, and to reply to the objec- 
tiuns which have been made on the bd|^^jf] 
the prisoner ; as w* II to sucb ol 

have been madf by t-be prisoner hii 

by his counsel for biro, as I0 tbo«e wlitefl 
from the evidence that has oomt: out f> 
mouths of hia wituesses: And nlW 1 
done this, I doubt not but it will ap^ieartf 
satiis faction, that thp evidence which baa 
given for the king stands unanswered, and b 1 
strong proof of high -treason against the pri* 
sooer at the bar. 

Gentlemen, the treason with which t lie 
soner stands charged is com pa fusing and 
gining the death of the king. This hig^h 
cnnsista in the imas^iuation of the heart \ 
must be proves! and made out i^^insl 
ofiender by acts which he haih dotie, 
overt acts of this trea^ion ailed 12 ed to be 
by the prisoner, are, in the fir«t place, o 
ing nod conspiring to levy war agaiitsl 
majesty : In th^ next pbce, publishing a 
sonubte declaraiionp containing exhori ^^ 
encouragements, and promises of rewBnU,l^^ 
stir up thii king^s subjects to take arms, and | 
rise in rebellion against h\^ majesty ; cofttdit^ | 
ing and conspiring to exalt the Pretender la tbs . 
crown of this reahn, and put him in posscsaioo J 
of the government by armed force, and truopf . 
lobe levied jjir that purpose; the actual io» 
lji>tihg and retaining of men to serve in this re^ 
be] lion ; and, BiiaUy, a conspiracy to seia^e 
imprison the sacred person of the king hii 

Genllemeiu the heinous nature and di 
tive tendency of these facts were fully 
plained to yo\i in the opening of the cause, 
they had met with success, the event 
undoubtedly, have been no less than the 
subversion of our present happy e«tablishm 
and, in consequence of that, the lo^s of er^ 
thing that is dear and valuable to t)S. For 
reason it was rightly admitted by one of 
counsel for llie prisoner, that the criroi 
'proved, ia incapable of aggravation ; and 
so J although it is impossible to say I04j 11 
concerning it, yet to say a great deal to 
must be unneeeitsary, because it is eijually 
possible fur the hearts of Knglishu»en and ] 
testanUs to suj^^ge^^t too little to themselfi 
so important, so moving an wcasion. 

The evidence which has been given €< 
of several parts and different kitiils, every 
of which conduces to support and ccirrof 
the other, an*l taken togL^her, they m 
the fullest and must convmcing testimony 
can be expected in any case. In the first pi 
living wilnesses were produced to yoii 
were privy to the treasonable acts and 
tationa ; in the next place, several papers 
lipeo read to you, some of them written 
the prisoner's own hand, but all of ihcti 
longing; to him ; and last of all, you 
the coofession of the prisoner himself pi 
by two witnesses. 

The first witness was Mr. Stephen Lyncb^ 
who gives you an account in what manner he 
was lirEl inuotUiced to the priioutr nt the bar* 



JfW High Trraion* 

l« tHU yon he came into Eiiglaml about 
illsfl, mtul bud spreral rneeling^s ^ith one 
, Miir|»hey, wh« wiui his oltl acquaintance. 
tiN9M oieetin^B they haii a iliscour^e rebt- 
to Iba Prf;t«;iHler, and an attempt to be 
\ for in i^^^r-nerai rising in bis tavtinr ; and 
ivin^ thus iii**ciosed the secret, 
I if he wy old lie of the party, he 
■inend him to a (fenileman who had 

4e share in the maiia<reinent of the 

l^^nch tookVime to deliliratr upon it, 
laia mo or three days after told Miir|jhey 
fct w w«oh ed to be of the party. 

Mi^nyn •r*ts m June last, Dr, Morphey carriea 
E^axk to thtt prisooei^s house, who |jra|>o»0<l 
Ji lioB tci ^ to ihe Griflin-tavern in Holborn. 
IMber lliey went, and the prisoner 1*00 n canrve 
<liliieiii ; and you have heard in nhat manner 
Hspbey pr^*^nied Lynch to the prisoner, as 
l«^ the gentleman he had before ^y^ka to 
ItBiiT^ axid what propfisals 'were made at that 
" — ^"-^ by the prisoner to Lynch* That there 
be an insurrection in the kingdom in 
Qtof Ihe Pretender, in which they ahonld 
W sD^ported by a great many of the army and 
I well &ji by several of the nobility 
and that he wanted a fit per^ou 
the 6rst steps in it by aeizing 
ptnoo of some general^ or other greut 




^^BD^pvTicu oy 
gbt fnords, oi w 
mi weBAxyi an 
iilidteocieof il 



It may be proper here to take notice of an 
ab)eaioii which was made to this, which 
ii cbe r^ry beginning of our evidence : Thai 
LjflicV * : in absolute stranger to tht? ]m* 
MBer, p^iiraordinary that the pri seme r 

iboulii ruaivrr H proposal of j»o clungerous a na* 
lur« to him at in%\ %\\r\\\. But this ia plainly 
aceotmt«^fi inr Uy the witness^ who telU you he 
Wti I acquainted with Dr. Murptiey, 

wd .^i r i .i was very intimate with, and intro- 



him to the prisoner as a friend who 
Might be confided in. Agiieeably to thi^ you 
tbKrte, that the first thing the prisoner ac~ 
9Mted Lynch with, was, that he had had such 
ntoiiif r^comnienflations of Lyncb^ that he 
vti fully *atis6ed in him. 

Tbia witness gueti un to give you an account 

IhMio a day or two alter, in pursuance of the 

Hiaetffiea he had recci?ed from the prisoner, he 

ip«il to the same taTero, and sent for the pri- 

They had »ome further conversation 

a ni^iiiu''f "md the iocltnaiion which ap^ 

in the n;itron for a revohiiion. And now 

il via that prisoner informed Lyuch that there 

^Pii« great man at the head of ihiH afiair, 

«i«jic&er wanted wii, omrage, or restitution, 

•ad aroold at a proper time give Lyuch orders 

l» cflvsci something considerable. At this 

•MdiDg the pri^ner nariicolarly engaged 

X»yikcb to seize the earl of Cadogran. The rea • 

mm of tliii attempt the witnes§ gives you, that 

it trai itiorUer to discourage the kintjV parly 

•nd aoiinate the Pretender ^». And, gentlemen, 

tbe nwaatng of this is plain and obvious^ ; for If 

tnsttfrwtioii was begun, what could be more 
USaAy lo create a confusion in the army, and 
" Ibe tokiteri to revolt) which appaars to 



i ilUyi 



have been a main part of this design , than tlie 

seizing of their geoeral? 

There were several other meetings both be* 
ore and after the prisoner's going into tiio 
cotiniry, where the witness told you he had ' 
*itaid ^txteen or seventeen days. At those meet- 
ings they di$t:ourspd concerning theconspiracy j 
and at one of them it is remarkable the pri- 
soner tohl Lvuch, that if they once made a be- 
ginning here, th£*y should want no assistance 
from abroad. And, utlajtt, Lynch tells you, that 
he being under iie«:essitie9, expressing great uo* 
ea<iiness at the dday of the project, and, as I 
remember, talking of going beyond sea, the 
prisoner actually advanced to him a sum of 
money, no less than eight or ten guineas at 
difl'erent times, in order to engatyp him to stay 
in England, audio a^^si^t in the intended deitigii 
of a revolution. This is one proof of m% 
overt act laid in the inilicttnenl of listing men. 

As they had considered how to fijspose of the 
general, so it appears they did not neglect the 
army; for Lynch ncmmints you, that upoti 
discourse about that, he asked what encou* 
ragetnent they had from the army ; upon which 
the prisoner answered, That they hail great 
encouragement from thence, and several ser^ 
jeantfi and common soldiers had ^men them 
reason to belicvf they would join tliem. Lynch 
being asked a^ to the time when this design 
was to be put in execution, he told you thera 
was no certain time tixed, hut the prisoner io- 
formed him it was to be at the breaking op of 
the camp \ and tit the same time gave a rea- 
son for it, which is by no means lo be passed 
over, ^' That they could not have so good op- 
portunitieH to talk with the soldiers (that is, to 
seduce them Irom their duty and allegiance) 
whilst they were encamped, as in their <{uar- 
ters/* Pursuant to these consultations, Mr, 
Layer afterwards told him it would be neeea- 
nary to take a proper time to view my lord Ca- 
dogan*s house. The pretence for going thither. 
was, that Layer had a particular of an estate 
which was to be sold to lay before his lordship. 
He tells you that in fact they went to the house, 
surveyed it, talked of the feasibleness of the at- 
tempt, and at thai time they also discoursed of 
seizing the Tower ; and the prisoner told the 
witness that tlve Tower would be immediately 
sutTendereii to the party on the day the plot 
should be put in execution ; for a certain officer 
would take ufion him to mount the guard there 
that day, who would facilitate the delivery of it 
to them. And the people ofthe Mint were at the 
lame time u* have arms put into their hands. 

This is a very remarkable passage, and faltt 
in with the scheme which was afterwards pro> 
duceil you in Ihe |irii$oncr*s hand writing. 

The next meeting where any thini^ pass- 
ed worth repeating to you, wa<; ut the 
Queen ^8 Head tavern in Great Queen-street; 
and when the witness came to the prisoner 
there, he found one Wilson in company witU 
him, and another man^ who seetned by his 
clothes to be a Serjeant of the guardd. ' The 
uae to be nctade of that fiict ia, that it is a cit- 



4 



SB7] 



9 GEORGE t 



eamstanoe which falls Id with . tlie written 
Scheme; for you obseired that one Geoi^ 
Wilson is there meDtioned as the person who 
was to manag^e the seijeants, and reccire orders 
froui the principal officer. * 

At this meeting Lynch tells you they talked 
ov«r the business, and drank good snclsess to 
the enterprize. When they parted, he com- 
plained to the prisoner of' the k>o<*' delay. Upon 
which Mr. Liayer told him there was a noble- 
man at the head uf the desig^n, who had fuii 
power and authority from the Fretendei* (whom 
Be called kin^,) who would lose no fit op|>ortu- 
Dity to put it in execution. He did not name 
this nobleman, hut tohl Lynch that he should 
be iiresented to him in dne time, and also re- 
ceive orders Irom him to seise my lord Ca- 
doii^an. 

Gentlemen, it will be rery material for yon 
to fix thi» circumstance in your memories, and 
to connect it with the evidence which comes 
afterwanis, and what was done in consequence 
of this meetiofi^. 

For after Layer had f hns declared that there 
waM a nobleman at the head of the conspiracy, 
and Lvncli should be presented to him in due 
time, thro it follows that upon the $4th of Au- 
gust, the dav the bishop of Rochester was com- 
mitted to tfie TiJwer, which appears by the 
evidence to be the time of their next meetinqf, 
Blr. Lnyer proposed to L3mch to ride out to 
take th«* air, which was agreed upon for the 
next day. 

In tliat joumev the prisoner pemiade<1 Lynch 
to carry arms, because, as he then decl:ired, 
*< He had that about him which he would not 
lose for all the worW.** Upon the road Lnyer 
told Lynch tiiey were to go to my lord No'rth 
and Grey's, and when they were got pretty 
near the Green Man at Laytonstone in Ks!«ex, 
it was thon^-lit to be too kite to go on to dine at 
lord North andG-rey's; and therefore the ]>ri- 
aoner proposed to stop at the Green Man to tak« 
a dinner. 

At this place the overt-acts of higb-timson 
comntiitcd in Ksscx, which we were so much 
called iijxtn to make out, do arise. During their 
stay li(^'e, the witness gives you an account 
that they di:«C(>urscd of the whole project of the 
insiiiTfctitin,the lueansol'eflectini,^ it, tlie unea- 
siness that wns in the nation, and in creneral ail 
the M>veral nintteis they had consulted of be- 
fore ; and at'ler they ha(rdone this he tells yon, 
Mr. Layer the prisoner pr\>f)0swl to him that 
deustab:c and shockinij; dcstirn of seizing the 
sacred person of tlic king, which he sometimes 
called ^* sending u strong guiird to take care 

of" at other times to secure, the king's 

person. 

He telU you farther, that Mr. Layer nulled 
out of his pocket a manuscript paper, anu deli- 
vertd it lo the witness in prt toldetl down, and 
he read that part of it w hieh was left open. 
That this paper contHined a declaration, with a 
recital, that my lord Cadogan was then actually 
in their custoily : That there were in it invi- 
tations to the x>copl« to ri»e in ariw and repair 






*isr^ 



Trial qfChrutopher Layer ^ 

to their party : enoornvgementi to \ 
diers to revolt, with an offer of three (^ 
every horseman and seijeatit, two gala 
eviTy corporal, and one ^ineft to ereiy 
mon soldier, to be peid immediately 9m 
joining the party ; and a promise oflT — " 
rewai^is. Lynch a^uaints j'ou, thitfT 
souer talked of this declaration bimr^ 
own composing, and that from the i 
which passed l^txvcen them, and the i 
a nee of the paper, he apprehended it I 
the prisoner's hand-writing. 

My lord, after lliis declaration bad I 
port need, the prisoner took it bock eg 
It into his pocket, and kept it ; and tfa 
the paper itself being in his custody, i 
properiy admitted to prove the contents « 
parole evidence ; and I apprehend if \ 
no further proof of these overt-acts whie 
done in Essex, this alone is fully x 
maintain the indictment to he regnilarfH»y 
profrerly found in that county. 

From the Green Man they went on 
ping, to my lord North and Grey's, witftai 
It b admitted the witness was not at fli 
quainted, and consef|uent]y could not of ' 
self have any particular reoson for goii^ 
ther, but it appears to have b<»en upon ifcr "i ^^ 
tion of the prisoner. When tliey came f^^^JX 
lor J North and Grey's house, Lynch telli jT^ T' 
tliat the prisonpr introduced him to hii '^Ti * 
ship ; and this brings liack to one's iBem<^|^^2 
and makes it impossible not to recollect ^J^Sl 
the prisoner had tohl Lynch at tberr fasttMC^^^L. 
ing, in time next preceding this joumev, *'''^^. 
there wa« a great man at the head of tms ^*2Z 
sign, to whom he should be presented in it**^ 
time. ^^ 

Gentlemen, aHer this Lynch went a wBOfO^ 
time to my lord North and Grey's at Eppiit^^ 
and there he found the prisoner at the bar ; in'* 
deetl he does not own to you that any thiniT 
passed between them relating to this cons|iinief 
in the i>resence of my lord North ; but at tti^ 
]dace Lynch, in conversation with Mr. LayHS 
' expressed an uneasiness that the affiiir vrasd^ /^^ 
I Inyed ; but Layer bid him be easy, for it might ~ 
I be done sooner than he expected. ' 

I Gentlemen, this is the substance of the eri^ 

deuce of what passed in Essex. But the wi^ ^ 
I ness tells you he had atlerwards several oon^ r^ 
\ versations with Mr. Layer ; and when he e»- ^ 
' pressed his concernment at the delay of pottia|| ^^ 
the di-sign in execution, Layer told him he was r 
I so l)ent u{M)n the success ot it, that rather thsi 
it should fail, he would be a second Massinelb: 
I This was represented as a ridiculous expressioii 
j by one of the counsel for the prisoner : but iv% 
i have all heard what cont\isions were raised b)^ 
I that profligate fellow in the kingdom of Naples; .' 
I and it is plain, that was the example the pif* 
soner referred to by this exprr^ssion. 

Mr. Lynch was cross-examined by the 
oonnsel for the prisoner, with as mnch liberty 
as they thought fit to use ; bnt 1 did not ob- 
serve that his evidence was at aH weakened, 
1 think 1 may tay, it was rather conftrsNd by 



K9] ./or High Treason. 

it, lince it «va» nnon their own q'.iestioiis he 
fit« h» reasons now Layer came to deal 8o 
0'^}' and unguardedly niiib him at first sight. 
And ihoae reasons were strong ; for it is not 
improbable, if Murphey and Layer were 
cocked io a treasonable design, that one of 
thou should liaTe confidence in a third person 
m w itruog recommendation from the other. 

TW. next witness is Matthew Plunkett, and 
1 tafitbend, notwithstanding evory thing that 
ktu tan said against his testimony, that it 
is mbfr strengthened, as to the facts sworn by 
hi^ dban weakened by the evidence for tlie 
prwmtf. He tells you, his first acquaintance 
vih Mr. Layer was about five years since, 
Mrf bad lift rise upon this occasion : the goods 
■ ibe bouse vilierc the prisoner then lodged, 
hdng taken in e.Necntiony (whether his own 
fitds or not, is nut at all material) one major 
BHBewen, who has been examined for Uie pri- 
mm^ was employed to procure persons to 
iHBC those giuds ; Hamewell applied to this 
■VMS, who got two grenadiers, that were let 
ii gt m private door by 31r. Layer's clerk. 
Th^ did their work, drove out the uiiiccrs, and 
amedlbe goods; and f'lr this sen ice Air. Layer 
nwaids tliem with a crovTu and some brandy. 
Hbee that, it appears he Ims been empIo^-eJ on 
flibcr messages between major BiiruewiH anil 
Ibe priaoDer ; and in v. hat rraniier Plunkett is 
■pported in llicse circumstaiiccr, and by con- 
■faeace in the rcf:t of his testimony, by irinjor 
^ BiraewcU hiiiiFt-ir, who has been produced io 
fciiidi*. htm, I s!i:ill obsf^rrc wlien 1 come to 
fanider the etidence for tlio pri»on(:r. 

Bui the witness havin;v irivon you this ac- 
CMn» cf ll:r intrrdi;?:ion i'» ^^l• c-^viT.:j>pi!i!r:'.f c, 
tilli you. xl.r.t \:i July list, J:.nics Pl-.iukctt 
one lo hill \'\nn\ the p:'«- jikt. cnqnirrd pri- 
mely what :».rq'.iaintance hv had lunoniTstthc 
•W.-r*. p.rA ilisireil hint to mcft t!:p |jrist>ncfr 
It llie lla:i:.n roirpp-Lous' in Rn.-. ;cl- court ; 
Wbe di'! fiotr.^.uet bim tlic^re, not havjn;r money 
Mr iacliuation to i^o to a OMfletr-liouso. Me 
ptn you :iri account , that on thi; Sunday 
bBwrinj, riiiiniingfro'ii St. Amircw's church, 
Mbc wa»* i^oinjf over F.«nco|u's-iiin- fields, Mr. 
la)#T n.*-t bin>. I'lMikett had Jbr(roiten 
Ujer's t.ire; bat Luycr roiiKtr.bcicd iiiui. 
Hi Sftkifj htm if be knew h'.ui ; to which 
ikfrit aiiMvcTinic that Itr; diil i::ir, the pri- 
r told hiir. hi name, \y\\\v.\\ maile bim 
l yiu t. Layer then f TitMMicilir.faniesPlun- 
pha'i ii't lirun uilh tne uitiiess, tii desire 
htoi-(iM> to the ila!iaricorrci>-iiouse, a few 
li:*i''>ie; nod liavintT niade bimsdf 
by ll.-esr cir(-iiiiL';<:uice>i, look I'loiikett 
;i! a I'liii* 
uilli iU- 

; ^..i'l ii«> 

i';«':.l..t! 

*«iald lie.i#l andfh>3ci[''iri.' n u:t.>b. f'>r 

■Tinen cnDUi^h. Piuii!>-ett suiii. 

*Tal old soldiers, but he iicsi- 

^^ tbe Pretender's being a 

ItitalMaff il)e force of 



lpriv:iti' plr.rre. 'I'iirr.- list \ 
at ion, in lui'di ]/t\' ;- ! 
' bow M«1I assur< d !' : u:< . r. 
Uons to I'le \\i U.-:.'.vr. : 
same idd s:jlilin-s, mi:- !i i 



A. D. 1722- [27a 

that scrapie, answered, ** We had as good have 
a Papist for onr kiog as a Lutheran, I don't 
know \\hat difference there is between tliem" 
(tliatih) between a Popish king :uid a Pro*. 
testantone-^ — An im]Mirtant difference! which 
I wish with'^all my soul, were not too much 
forgotten, or |)erhaps, too little valued, bj 
many amongst us, who are not so frank in de^ 
daring as the prisoner. 

Mr. Layer proceeded to excite the witneu to 
join in bis treason, by a false representation of 
tbe state of the nation, and particularly of the 
injustice as he called it, which was done to old 
soldiers who had served abroad; a topic most 
likely to captivate an old Serjeant. After thia 
preface, he informed the witness there was to 
oe an insurrection ; and Plunkett askinj^ who 
was the promoter of the design, tokl him it was 
my lord North and Grey, whom he commended 
as a due general ; anil then he went through a 
sort of list of several other persons of consi- 
deration. The witness has declared that ha 
knew several soldiers, said, be could procure 
(ive-and-twenty, whereupon Mr. Layer desired 
he would make a list of their names, and the 
places of their lodirings, that thej- might be in 
readiness upon calj ; and at partmg gave bun 
half a crown. 

After they had thus talked of the conspiracy^ 
there followed a very observable passage ; for 
the prisoner declared that tbe design had l>een 
put in execution some time ago, if some person 
had not discovered it to tiie FremHi amlNi>»sador9 
who writ of it to the recent, and tio it was no- 
tified to the king. Ilouever even this apjire- 
hcnsion of a discovery did not terrify them, for 
t!i(* project was to <;o on. Tbe late duke of 
Orniond was to come in a single ship, and 
general Dillon in another, and they were to 
bring others with tbeni ; which you take 
nf;ticc fulls in witii the eudcnce of Lynch, that 
Layer declared to him that they shouhl not 
want encouragement or assistance from abroad, 
when once they had made a beginning here. 

The next intercourse between tlie prisoner 
and riu::kett was not personal, but by the 
nioaus of one .lefl'reys, a non-juring c1^rgy man. 

(iiM'leruen, you observed that tho prisoner 
told I'iut.i.nt al parting, that he would send a 
n)l^^et '^i-v Hi Itiiii with mont-y ; and afterv^arda 
al ikis ovvii house, on the; nioVning he went out 
of t 'Sn fui- N'oriolk, that he had left a guinea 
wi-ii a noM -jining clergy man to give him to do 
service with; — and, snys Layer, whilst lam 
ai)niiui, you muy bo sure I shall not be idle. 
\ceovi;in*gly Mr! Jetlreys eanie uiihin a few 
•I 'N^ al'tcr, and appears to be that eUr^yman ; 
f -r lie said, he eauie from Mr. Liu-r. tie 
tells \ou, tluy diseouised on the old subject, 
Mill! Ji tlVi-ys desired he wouM get men in 
n.'-'Mir^s. :iiut said he l::id ^<'^4'lal other places 
i'> :<o t'» ou the s:.ii)c err:>nd. .Iefi'n-\s gave the 
u.liif.ss fio ut"ne\ at tliai litfie. hot came a 
stC'Uid lime, :ind giUi* iiini oiiiy balf a guinea, 
w liieli he said Ij»\ er li:w{ mi. I liim for hi^ enc0u« 
riiufenitnt. lUisid^-s liiis, he tills you liayer 
gake hiiu a crotvn at tlie Castle- tufern, in 



971] 



9 GEORGE I. 



Drury-lane, expressly to encoura^ him to 
list men for the Pretcoder. Upon the pri* 
soner's return to town, a letter vras sent by 
Jetfre^s to the witness, to desire bim to go to 
the pnsoner*B house ; and when be came there, 
the prisoner ga?e him a guinea with liis own 
hand . There were several other conyersations, 
aeyeral thinss said to keep Plunkett firm to the 
design, and many groundless and malicious 
slanders cast by the prisoner upon his majesty's 
ffoyemment; and in all those conversations 
Plunkett tells you, the prisoner always stiled the 
Pretender king. It would be tedious particu- 
larly to repeat all these things to you ; but there 
is one thing I can't help olMerTiiig, before I go 
off from this part of our evidence, I mean, that 
Plunkett told you more than once, that he was 
to procure five- and- twenty old soldiers for the 
service. Now that happens to be exactly the 
number which is assigned to each of the eight 
Mijeants in the prisoner's own Scheme, which 
was produced to you, and is a strong circum- 
stance in support of this witness's testimony. 

Gentlemen, I have gone through the evi- 
dence of these witnesses, and I beg l«*ave to 
say they are, within the meaning and inten- 
tion of the law, two witue&>esto prove the high 
treason charged upon the prisoner ; and it hap- 
pens in this case, that they make out all the 
particular overt acts alleged in the indictment. 

Both Lynch and Plunkett prove repeated 
consultations to levy war, to bring in the Pre- 
tender, and the actual listing of men; and 
Lynch alone proves the publishing the treason- 
alile Declaration, and that part of the desiirn, 
which nobody can hear without the utmost in- 
dignation, the seizing his majesty's person. 
From henceforth i apprehend I may take it, 
that the charge is proved ; though in truth we 
have gone a great deal farther in order to put 
the testimony of these witnesses beyond all 
doubt, to deliver them from all (MKsible objec- 
tions, and to demonstrate to you the nature and 
extensiveness of this black conspiracy. 

The next head of evidence, is that of the pa- 
pers ; and notwithstanding the little cavils 
which have been urged against them, those 
papers are fully proved to be the prisoner's, 
and by him delivered to Mrs. 3Iason. It stands . 
thus; Mrs. Mason swears, that the prisoner 
delivered these pa|)ers to hor in two packets, as 
thuigs of great consequence, Si*aled up with his 
own seal, which seal is now remaining anil ap- 
pears on the covers. That she locked them up 
safe in her trunk till thev ^ere seized by the 
messengers, and out of tliat trunk the messen- 
gers took them. That she set her mark upon 
each particular paper, ^liich appearsto be the 
same mark which by way of experiment they 
would have her to make in court; and she 
swears, that these are the very same pa{)ers 
which the prisoner delivered to* lier witli his 
own hands. The two messengers gave you an 
account, that they seize<l these papers at Mrs. 
Mason's lodgings, on the 29tli day of Septem- 
ber last ; that they took the two packets out of 
thotninkfUMiuM inl buy ihMiv 



Trial of Christopher Layer^ [272 

covers, and that BIrs. Mason was by, and 
presence; that the^ 



marked them m their 

likewise put their marks'upon, and never deli- 
vered them out of their custody till they had 
so done. Indeed, Turner says be left them in 
the hands of his fellow -messenger, Spear^ 
during the little time he went for Mr. Stanyao; 
but Spear swears they received no naannerof 
alteratwn during that space; and upon the 
whole, they swear them to be the aame [ 
which the]^ took out of the trunk. 

Upon this evidence, we apprehend we 
entitled to have read the pa|)ers, without giving 
any farther account of them. 

I did mention to your lordship the caie of 
my lord Preston, which was not so stroDff ; lor 
he lying, together with Ashton, in the bold of 
the ship, upon the ballast, a bundle of papers 
lay between them ; Ashton took them up, and 
put them in his bosom, and there they were 
seized ; but being found together with my lord 
Preston, those papers, though the very overt 
acts of the treason laid in the indictment, wcra 
read against him u|ion that proof only. In- 
deed, alter they hail l>een read, the king's 
counsel, in order to give a farther stren^h ta 
one or two particular papers, entered mto » 
proof of their being my lord Preston's own 
hand-writing. 

The first paper we called for was the Scheme, 
a regular plan of this conspiracy ; and, gentle- 
men, in order to prevent any pretence of hard- 
ship, before we read it, we called a witness to 
prove this Scheme to be the prisoner's hand- 
writing: it was Ulr. Doyli'V, who swears ho 
>erily believes it to be his hand. He gives 
you the reasons of his belief; that the pri- 
soner lived with him as a clerk two or three 
years, not whilst he was a boy, but aller he had 
served some time with another master, had 
been used to business, and gained a settled 
hand , and during that time he frequently saw 
him write. I'o support this farther, he tells 
you, that he had trausacteil bu!»ines5 for Mr. 
Layer, aaihis a:^ut, until about four or five 
vears aqro, and had received several letters from 
Iiim, which he was sure were his, because he 
(Mr. ]>oyloy) had dune the business retpiired 
to be (lone by those letters, and Mr. Ijayer had 
paid bim fur it ; that he had comparedhis pa- 
per called The Scheme, with those letters; 
thattlie character of the letters agreed uiih 
what the prisoner wrote when he was clerk to 
him ; and ihe character of the Scheme with 
that of the letters. 

liut, (gentlemen, this Scheme is an evidence 
so coiisideriiliie in itself, and of that general 
consequence to this whole cause, that we went 
tJEirtlier yet, and, not out of any necessity, but 
in order to give you abiiudaiit satisfacti<in, we 
proved it to l»e wiiiien by the prisoner from hit • 
own amfession. Mr. SSisnyan told you, tbit 
the prisoner ii|>on his examination before lbs 
lords of the committee of council, where be 
was prpsent, and took notes, confessed tbi^ 
Schemeto be of his band-writinjg^. Tbe c ouP^ ; 
■el Ibr Um priaoMr olgeGted, thu quealMm v«*^ 

8 



f7J] 



Jtit High Treasotu 



A. D. 1722. 



[274 



Ml diraellj. asked him (fa this your hand?) 

wai ceoH^oantly he rtid not say. It is my 

kM4 It w true, that does not apfienr ; can 

fkam be m» other evidenee of a confession, but 

saeh direct questions and answers. Upon the 

cnamtioo, the prisoner was aske«l, whether 

hckeeir of a»y arms lodge<l in Westminster P 

Hclrtdthe lords he knew of no arms bein^ 

M g i dL Thereupon this paper was shewed 

Vn, sal he was asked, '* How came you to 

viiftiii Mb Scheme of your own hand- writinj:^, 

te 1km9 were arms lodgeil ?'* To this ha 

■stfeaaswer it was a mistake, I should have 

viS anvs that should be lodged. Can any 

iay ba snore plain than this ? It was so eri- 

^■t that the paper was writtou by him, that it 

«ii take* for granted, and called bis hand- 

aiilisr ID the very terms of the question ; |iro- 

Wy DO had GonfcsRcd it before the clerks 

i« catted in. tf it had not been his hand, 

^iNaoltbe natural answer have bien, Why 

diysaask tne almut what is wriiten in that 

ftftt ? I know nothinsr of it, it is not my 

had-wriliuff ; bat instead (»f ilint he Sfluiils it 

•iiksat the H*nM difiirulty, ami takf-s up(»n him 

•• Iril the lords what he intended to have 



The gentlemen en the otlior sjile cudfavn 
aliD avoid the force of this f^vidoncr, fiv I 



•avour- 

^ this 

■^ioustam — '* I should have writteu'anns 

shoulil he lodgi^d," (that is) '* If I had writ 

il, I shouki have written arms that should be 

hdged." But I desire to be informed, if he 

'4 not write it, how came he to know any 

lisg about it ? How couUi he take upon him 

ti say it was a mistake? Whose mistake? 

Be adoiit^ it to be his own. 8o that this obser- 

romoD to nothiu;^, and ibis Scheme, after 

aN tbiir o!>jections, stands confessed, as well as 

\ to be Mr. Layer's hand-writinpf. 

I poll ihe fuunilation of all this proof, which 

I bitf If SVC to ob*ier\e does suppurt nl! tlie other 

fsj^ni fV'i.iiid in the two packets, \hv. Scheme 

aas reail, and \%hen it was read, it iTipiircd 

hirictest attention; for in thnt paper ap- 

(■Tk a rei^ohr fleii;^, formed tor tlip totrd 

ihttiMtion of thisgfovemment, to Im? exernted 

Ibecity of London, the capital of the kin^- 

M. 'I^is, if there was no nuire, shews a just 

biMlation for wlint was hitoly declarcfl to us 

■Bvilrniri uiatincTf tliut ii' this cons|Mracy had 

'W l»«ii h'.)ppily d«rtected, wo should before 

^ fciip wciii Ihjit city involved in blood and 

lainn ; Kiich uppr-irs to Im> the plain intent 

^B^ The most pr(»!li;,^:»te ot the people were 

hbffr ar.ii«« put into ili*ii' hands, in order to 

^Mue and pilt;*;;<; the Iw Tor sort. 

kibe first plucr, ilic? 'I'nwr r v. as to be seiz- 
jlssda ccrliin otfircr r.\|)(:<:ted to be upon 
I^Jpard that day, who sliunid hr their friend, 
is the party who \v«M'f> tu make them- 
aaslert of that ifnrris'tn. 'J lie Ko}al- 
^^, bein}^ in iIm* lu-nitof the city, was 
t head-quarters nf the genera*! ; and 
Ity was to plunder the liank. So 
I OS a taste of the views of these 
Mf spoil and rapine were not, in the 

at 



execution of their desi^, to have been aoci« 
dental, proceedin.ir from the fury of action, the 
common excuse for such outrages, but a pre- 
meditated avowed part of tlie measures con- 
certed before-hand. 

The artillery was next to have been seized^ 
and a strata^m is contrived to effect it : and 
to crown all, his majesty himself was to he 
made their prisoner: Horrid resolution! co- 
loured indeed with the name of securing his 
royal person from the insults of the mob ; 
but how thin a pretence this is, I need not 
spend time to explain to you, since the writer 
of the Scheme himself has called it but a pre-» 
tence. 

The Scheme goes on, and the conspirators 
bein^;^ sensible bow much our future hopes, as 
well as our present happiness, depend on the 
Protestant Succession in his majesty's family^ 
the next ste|» to be taken, is to gfct his royal 
highness the prince into their power — a prince 
at Richmond, described under a cant name, 
but the meaning of it is plain. When all thitf 
appears, how can the counsel for tlie prisoner 
object, that there is not sufficient foundation to 
accuse their client directly of comfiassinfr the 
death of the kincr? Could this have ended in 
any thin{v else? Or can any one dream, thai 
eiilici' of those precious lives, I have now men- 
tioned, could have been preserved in the hands 
of such miscreants? 

Caentlcmen, havin^if observed thus much, ia 
short, upon the nature of the Scheme, it will 
be proper to take notice to you, that as this 
paner, thus fully proved, is of itself a strong- 
evidence, so it frreatly corroborates and sup- 
ports the testimony of the two witnesses, as to 
every one of the overt- acts char^red in the in- 
dictment, and tallies with it tlirout^hout. 

This is true as to the {general design, but ap- 
pears mftst remarkably in some of the parti- 
cular fncls. The project laid down in the 
Scheme for Rcizinir the Tower is exactly the 
snnie with what Lyncit told you the prisoner 
c(MU!nnu!catod to him whilst tli^ey were viewin<; 
my lonl Ca<los^an*s house : *^ That the ofBccT 
who should be up^n duty there that day mig-ht 
be their friend, and favour the desip:n." In 
Hke manner, the circumstance of ei^ht serjeant«. 
beinjf to have in readiness 25 men a-pie<ie, fall* 
in with what Plunkctt the serjcant swore, that 
he was to procure that immber of old soldiers 
to enrriij^e in the enterprize. 

Jiut there is one observation arisinpf from a 
circumstance of lime, which is exti^mcly 
strori{^ in coiifiniiatiou of the testimony of the 
witnesses, and shews manifestly, that the ac- 
count they ifive, must arise only from their 
knowled{;e of the truth of \\\v. fact, an<l roulil 
not possibly be framed and modelled to answer 
thtse pa|>ers ; ii is this, that IVIr. Layer, who 
was taken up on the intbrmati(»n of Lynch and 
Plunkctt, was actually in the custody of a 
mcsscu<;er, and made' his e*<i.'a|ie on the lOtli 
(lay of September last ; but liirM* papers, which 
thus fidl in \>iili, and support the facts they 
swear, were not seized, as the two mssaenj^era 

T 



I 



^ 
^ 
^ 



EOHGE L 

qutimt you, tin llie ii9i\i of that tnODlh ; 
rliich if iieiyr ten days nfier. 

Genil^tnen, one would have thought there 
tiad b*»en no »icraKion to go any farther 

IV] y lurd, I dtf^ire that the |irii»ODer muy not 
talk iu ih« jury, ^hitsl I atu obaerviDg^ upon 
the evidence. 

L. C, J, Sir, you must not do it. 

FrUoner, My lord, I did oot speak to like 
jury. 

ftlr Hungerford offers to speak. 

L' C. /. I tell you, Mr. Hiingerfordf it is 
fiot right; Mr. Layer haih made his observa* 
tion« to the jury, nod made lus nods, and some- 
times 1 have teen his lips move, 

}*risoTter. You can't tell what I said. 

Sol. Gen. I saw you turn abunt to the jury, 
and saw your (i|»s move at the s<ima time. My 
lord, f desire he may stand up, aud look to- 
tfards Ihc Court, which is his proper posture, 

Gentlerneo, I wa« saytog, that after this 
Si "heme had been produced, one would have 
thought ihe ki ring's cuunsel might Mifefy have 
rt-sted ii here, tan any body doubt of this 
treason, ami of the prisooer^s part in it, when 
he himself hath thought fit to record the con- 
spiracy viith his own hand ? However, we did 
not lea re it here : hut in order to give you en- 
tire satisfaction how deeply this genikman was 
engaged, what a large share he had taken upou 
him, and how dangerous and extensive this 
conspiracy was, we read several other papers. 
They consist of li&is of iho names of several 
peisons, many of them otficers of the guarrls, 
aud of thtj army ; some of them general list*, 
others particular: for what purpose these must 
have been made up or procured, by a person 
eniraged in siuch a desij^ti, is e^itremely plain. 

My lord, it hath been said with great justice, 
thai ihts is not to be so understood, as to bring 
any imputation on the gentlemen named in 
tliese li^t.s, I dare say, thut by far the gi^ater 
numl^er, if not all of thrin, are persons of Ihe 
utmost fidelity to his majesty, and zeal for his 
service. Hut men engaged in such designs, 
who are plotting lo overturn a government, 
must weigh and calculate the strength of that 

fovernment, as well as their own. They must 
now who is to he relied upon on on^ side as 
well as the other, and consider who are tit to he 
applied to, aud who not ; iherefore they must 
take an account of persons concerning whom 
they have no hopes^ as well as those of whom 
they have hopes. Thus it was in my lord 
Preston's case ; be had got lists of ships, and 
ol" the king's olticers and troops: The meaning 
of it was well understood upon his trial ; the 
Court uuJer.^tood it, and the jury understood ii, 
that he hud procured them, iu order to the better 
information of himself and his accomplices iu 
Ihe conduct of that plot. 

Gentlemen, in the next place, several letters 
were read to you, wbkli were also found a iiiouifst 
the papers dejio^tited by the prisoner with Mrs. 
Mason. You will remennher on this occasion, 
mhaiMiW^ Alasoa swore, that the prisoner hath 
S 




T-^ 



^ 



rml of Chfisiojiher Layer ^ 

some time gone by the name of Foaoli 
gave directions to hiT that \^ any leltri 
directed lo ^r. Founiaiiie, she should lal 
in,auddeh«er them to him. 8 he teUi 
letter did come directed to Mr. Founlaii 
she delivered it to the prisoner* who 
read il,and kfpl it ai^a letter li»r him \ wl 
an ex|iress owtiing ol thut nam^, aii4 
of the letters now produced are directitS 
name of Fouutaine. 

There was fouod* together with the* 
a cypher, that \9, a fist of tWit^cRil oa. « : 
persons and things, which bus heen i 
read ; and in this cypher the caut expa 
made Uife of in the letters are contmiaG 
the persons and things signi6ed by i^" > *^ 
phcrtd iu plain words*, iSir Will 
follower of the Urelender, with ^v 
pears the prisoner had settled a cori 
is there described by the name < 
and ibe (irnt letter that was reud, \-^ ^.u! 
with that name and directe«l to Jaisi*^^ 
laine, esq. In that letter sir Wdliam Ll!ir 
him '^ be is entirely of his opinion as Ic^ 
uiethod of carr) iog on the maniiraclOTy^ 
the procuriiitT ul good workmen, is tbe 
step to he madtfJ* Manufactory waute^i 
explanation, but ii is fuUy cleared up l>y **lfc> 
H(»rd — ' Morkmen,* which Inllows. For '*5' 
into the cypher, and * workmen' stands for ***jL 
diers;' so ihal the * manufactory' must h** "ir/^ 
as It uiuj fit for ♦ soldiers' to work in, U* 
on and advises him narticutarly '*loget 
the ablest of Mrs. Barbara Sniitirs,*' Bai 
iu Ihe cypher means the ^arrny ;' so the adi 
nmoiintsi to this, that in onier loriii^e arehelli 
he e»lKiutd seduce bomR of the nbleii^t coldters 
the king's army. A counsel, which is 
made %cry plain, the prisoner bum endeaw 
punctually to follow. To eneonrage 
this, he tells him, ** that it will be very a; 
to ,all concerned — particularly to Mr. 
Now, according lo the prisoner's own explni 
lion in ihis cypher, Aikins is one of the feigi 
names for the I'l etf nrier. 

The next letter is dated the 1 Ith of July I 
sobbcril>e<l N\ C. and ackno\tlerlges the rci 
of a leUer dated the 8lh of May, with auol 
letter inclosed, which the i^ritcr asv^, ' 
presently delivered to Mr. St. John, w\>o ti 
tt extreme kittdly : Look into the cypher, aad 
it appears tliut Mr. 8t. John is one ^f the ficti- 
tious nsmes for ilie Pretender ; so that ititi 
letter shew s, thnt the r»ersnn to whom it ^n 
written, corre:>pondedimmefliatHy|with til 
tender htdisell. But it st^ems Mr, Si. J 
not well understand wbalrclatt-d to Mr. ii.ii 
ford, which the hnter-writer hopi*5 may i»< su^n 
cleared by an answer. What il\ts wa» 
wanted explanation, is in the dark \ \ 
much We know tlmi iu the prisoner** c> puti, 
Bmffird stand:^ tor the earl of Orr*ry, 

There in another letter dni**!! ihe '^7'^ '^^ 
May, iu \Uiich live writer ti*l|j« Mr, La> <• 
their frieud had hi>!; teller of ihe^sd ol' .'\i „,.,,, 
and li>ok very kindly ihi* cai« he hud taken at 
his little -coiujariifi. IViio is meant by that 



«") 






Jhr High Treason* 

cmtkcerm ^^tre the prisoner'* r are* 
"f '* Aplietr; hut it in very tin- 
lje liftiiip |H^r^n before oiUcil 
If, However, it stents tlitii- 
I a loss ftboul ct^rtaiD niiines 
.ill, ilie tiiUe soldier, and 
fiBiniii, '■' n hift rental. 

TW »♦ iUr. La}cr*«cy|ilier, li 

ibe^aMi ten** hir acviilier; and in that likewise; 

tff% la W tiHimi (be olher words, tvhieh Itia 

fjaal M ont then umleistand; parlicutarly 

%a«^ avbich ifl put Uieie tor the Jord Nfirtli 

«il6nj. But tl ibat did not appear hy the 

y¥% liie deacHpHoQ urhich follous, 

imi^u^h to ciiin i: , : v man in liis 

HMteifu%mrnt who w Uy it — ** He 

•«flfce^' ''*■ "• — «'y hiiiiKO iinrji*ijiinao,**caiit 

«fii~«u« I \* hicli tnke in both the titles 

•I Ili4t tit^i.. vi . Tlt^ letter- writer adds, that 

*OBir frieofi (the same wr hose concerns were 
aia oare ofjtery well remembers rhia per- 
1^ soil luUb a rery particular esteem and value 
lb liifn, ftii«l that he is (iti tbeir pttrnse) a very 
fM4l«Miil, ood a very honest mau,^* 

QevdcaieB* some of the papers were read to 
fM fii m more exlraordinary nature titan even 
ftM» IcUara ; J tnean the notes signed Jajnes U. 
mah tlm l*t»tri%dt.T'x owti hand* These are not 
«ily Boe e**dcnce *ir the plui, but a part of the 
■am kiy whirh it wns to be ei)>cted ; for they 
m be rt'ceipta fratued with blankn, to be 
mp Willi siifiit id money as occasion uf- 
with a promise of rt'j»f<yii*i'Bt with in. 
Tb»*- ^*"''* ^'ttTie at the ways and 
for ntti' s out of the pockets «t 

lUp at ,,. .^. i ^^ luund weak nnd silly. 
iJ s» wit:k«iienoii(;h, to advance monc^y 
m. shidov of a security, tor so flagitioui 
• Mr|Miae.i Hut they ask us, who proves the 
■Miariipliofi to he the Pretender's handf I an- 
•wr. It tscrrtnin ll/nt it not material ; hut if \\ 
w« Uavc It liufiicienily from the prinnner 
Tbe account he hath thoujfht Ht tu 
iC tbcni^ yen have heard from Mr. D<-1a- 
> to hia correspondent 
ir William could send 
^ r the kintr^a 
ler) he l^e- 
M the cany- 
th:it his intention was to 





uc ii;i4cjir \i\r^ mi 



\ his friends, and to hate raised money 

Mr»oct(»t9, I'biii nbewsthe priHoner re- 

t llirtii aa being «i^Mud with the l*retendf r*s 

and ihcwt hkrwixe the uite in- 

I la ba made of tbnu ; Mftd it appeam be 

W tb« eoui&dence to juiittty hioMflf in ibisi 

prim, by tlic like method haivtn^ been taken 



Mjp lord, ihlt ii tht aubiitaoce of our proof as 
^IH ^fiertatid the ohnervationa which bavtf 
VL«ije«l ti9 nsft vipott litem ; and 1 wiU pre* 
■^ In say, wah grsflt aubniiasioQ to your 
im^hif'% t*«tlrr judfowiil aad oh%ervatiou, that 
ip0 Ibia rf id«Dce» nduB together h iih ihe tea- 

MMn tfif tJbtf |«fo wt tetiOM y we mi^ht safely 
ic4 our oaoto to jour lordatup's di- 



A. D. 1722. [^7» 

roction, and the consciences of the jnry. But 
we went farther »tiU^ not because ive wanted it 
liO convict the prisoner, for nv hurl dlre^dy done 
aufficient ttir that purpose, but in order to f^ise 
abundant sAttstaeiiou, not only to the gentle- 
men of the jury, but to the whole world, (d'tho 
reality of this conspiracy in general, as well as 
of thii manV part tu it ;' thai ibey mny <»eeand 
be convinced of tiie jujit grounds ihfre were for 
thtit priwecntion^ and for the treatment the pri* 
soner hifs met with* For this reason it was, 
we calleil Mr, Stanyati and Mr. Delalaye io 
give an account of hisconfestiion, npiui hisejui- 
mination before the lords of the committee of 
council ; and 1 apprehend, we were poperly 
and Hgreeably In the rulea of law, let into thai 
evidence. We have had the judf^mcnt of the 
Court upon that point, thertlore I won't trou- 
ble your lurdtihip witli any authorities for it, 
but rely upon that as the heal uuilioriiv. 

GentlemeOi the relation Mr. Dflaikye and 
Mr. Stanyan {fafe, was, that the priiconer de- 
clared to the lordi> of the council ili^it he lia^l 
been al Rome in the year 17lil,aud staid there 
some time, and had iicieral conferences witU 
the Pretender in nerson : that in one of llioso 
conferences he asked for some token or crtden- 
tial, in order to give him a credit with the party 
when he return^ tu £u4;Und ; thut it wvl* not 
at ^rst granted, but atWw;irds he put his re- 
quest into this shape, that the Pretender's wife 
(the queen he (!alltHl her) would be (i I eased to 
aland i;od-niother to ihe pri^otjer's child, 8*ime 
lime WHS taken to consider of this proposition, 
and then word was hrout^ht by coL Hay tu the 
prisoner* that she wouhl ^ituol ^od mother to 
the child ; and it was uirreed, that the late du- 
chess of Ormond shouKl represent her. Afier- 
wanls the Pretender consented to be the g"f»d- 
fulher, but Lnyer was to procure some pcriioa 
to be his proxy* 

U'bat was then agreed upon was followed by 
the fact. When the |m iMoiMU' returned homey 
and the cluhl was to he christened, he apptied 
to my lord Orrery to represent the Pr*lender, 
and to the late ductless of i*rmond, ti* rt-prrsetU 
the princcsH Hobie^ki. The latter coiiiplied« 
hut my lord Orrery declined the service i and 
thereupon the pnsoner made application to my 
lord North undGrey, who was pteased to accept 
it. The rhiUI w:u christened al Chelsea, and 
my lord North *inii Grey stmul aw projity for 
the Pretender, and the late duchess* of OrmuiMl 
ibr the princess 8obic»ki ; an<l the prisoner 
siidi they both were privy that they represent- 
ed those persotts. 

Ibe priautier^s eonfession likewise vertlief 
<?very material circumstance of l*yucb*s et !• 
<lence, aa to what paasetl m the <'onoty of £s- 
aejt. That he was at the Green 5lan wah one 
Xi^nch, and tbtre she wed him the heads of a 
declaration which he had rlriiwn ; that they 
went from thence to my lord North and Grey's, 
imd there the prisoner presented the witness to 
his lordship as a very honest iinin, and u person 
ftt to be employed in set%in|; my lord Cado* 
gan i wtxd aHer wards be said, as a person tit tt 



1 



i 



i 

4 



•79] 



9 GEORGE L 



be employed in an insurrection. Tliat the pri- 
tonrr and Lynch lay at my lord's house ihot 
nigfht, dined with him at his owu table the next 
day ; and that the healths of the Pretender, his 
wife, and child, were drank by them after din- 
tier, and the same healths were drank, and (if 
I undei-stood it right) begun by that noble lord 
himself. 

There was a farther circamstance sworn by 
Mr. 8tanyan, in which he is confirmed by ool. 
Iluske, that at the time Mr. Layer was appre- 
faended, a considerable quantity of arms, and 
about 50 cartridges, made up with liall, and 
fitted for the use of soldiers, were found in his 
house : and the prisoner being asked, upon his 
examination, what he did with them? He 
•aid, they were for bis use, in case there 
should happen any disturbance in the nation. 

The prisoner entered into an examination of 
the gunstiiith, how he came by tliese 'arms ; 
Irat thot is not at all material : in his house 
they were found, and he has confessed they 
were intended for \m use in case of a disturb- 
ance in thenalion. What disturbance was there 
likely to happen, but from himself and his ac- 
complices ? 

Gentlemen, the prisoner*s escape out of the 
messenger's cuRtody is another strong circum- 
stance. In order to Hy from justice, he ven- 
tnrpd to p:L't out of a window two stories hii^li, 
and had the fortune to meet with a sculler, 
which carried him cross the water into South- 
wark. When the witness first endeafoured to 
atop him, it appears he was in the utmost con- 
cern ; begged of him for God's sake to let him 
go, pretending it was an arrest ; and then he 
pulled out of his pocket a great many guineas, 
and bid the witness take what he please<l, so 
he would but let bim go ; but the messenger 
pursued him pretty clbse, and he was retaken. 

Gentlemen, this is a ^ery material piece of 
evidence to shew the guilt of the prisoner. The 
law of England supposeth guilt from flight, 
and though it was said, that anv man in Mr. 
Layer's condition would liavc done the same 
thing, if he could ; that ran be true only in 
this sense, that any man in his condition, as to 
the consciousness of Wis own guilt, would iiavu 
done it ; but an innocent person would never 
have bmught that imputation upon hiinscif, by 
endeavouring to escape. 

This is the substance of the whole evidence 
which has been given for the king against the 
inrisoner at the bur, as well as I can recollect it; 
and, gentlemen, I persuade myself, when you 
have considered it seriously, you will be satia- 
fiefl that it makes good every part of the indict- 
ment. But be that never so strong, the pri- 
Sfiner ought to be heard against it, and have a 
full opportunity of making his defence : for if 
he hath a goo<r defence, either in point of law 
or fact, to take off the force of this evidence, 
God forbid that he should suffer by it. 

The prisoner entered upon bis ilefence, and 
his counsel were pleased to act eat with mak- 
ing some obsanrations apoo the 



Tnal of Christopher Lnyer^ [280 

My lord, ihey first make n otyMiM ia^ 



point of law, that the treason^ tf«r which tba 
jirisoner ia indicted, iscoiDpasaiDg tiM dnth of 
the king, and one of the overt-ads hnd is Mif 
a consultation to levy war, which they lioMl 
is nut an overt- act cl* that species of trvMip 
nor iiuleed any treason at all, beoaun the 
words of the statute, «5 Edw. 8, import m%ir 
actually levied ; and for the wtmmt of thta 
words, which nobody ever doubted of, eaae 
ancient French writers were qooted. 

My lord, I appreliead this ctje d ioo, if it 
bo^one, is rather to the indictment then to the 
evidence, of which they know tbej maj fn^ 
perly take advantage 'in arrcat of jodgncalb 
Bat with great submission to year ionlaki|i| 
there is no weight in it either way. Oee«i»* 
not help being a little surpriied to licnrit ■«■• 
tinned, after that point has been ostaUiabei kj 
so many resolutions, which at the oame tine 
they tell tis they are aware of; and in Ihovaijr 
last case of higli treason, which wae m Ifae 
court, I mean that of Kerr, Dorrel, aod GMni 



it was solemnly determined by the i 
opinion of all the jmlees, that a conanililiili tl 
levy war, in order to destroy or depoeetheUif^ 
is an overt- act of liigii- treason, iu i um|ieMg 
his di'sth. This was the received doclnBohi* . 
fore the Revolution, and it has been adhered It 
eier since ; and though the act of rensnelff 
my lord Ruisel's attainder has been BBcn li e— t 
yet if that were lookeil into, I dare say mo de- 
claration will be found iu it, contrary to this de- 
tenuination. But they go fan her, and abfed 
that here is no overt-uct at all proved to he 
done in the county of Essex ; and if oo, tha ' \ 
whatsoever proof there may be of liicts done ie 
Middlesex, that will go for nUhio^, and the 
prisoner must be acquitted upon this indictmeet 
And, my lord, so fur I agree with then, that 
unless we have proved one overt-act at least le 
be done in Essex, we cannot maintaiB this ie* 
dictment.* 

In support of this objection thev would heie 
it, that the only tranmictton in Essex is wkil 
passed at the Green Man, and the whole if 
that is reduce<l singly to the publishing the 
declaration : and that, say they, is not legaMy 
proved, and if well proved, yet it is no overt* 
act of treason. As to the proof, they objeol 
that the paper itself is not produced, and pa- 
role evidence of the contents of a writing il 
not to be admitted. 

But, my lord, I have given this an answw 
already, by observing that the inieoner task 
back the paper, and kept it ; ao that the wril* 
ing itself being proved to be in the custody «f 
the party, we were entitled within the onlieai^ 
rule, to give parole evidence of the tuuta— > 
But, my lonl, this declaration was m pert af 
the treasonable consultation then had; aal' 
sure 1 am, it would be the finest iavontioB W- 
secure certain im|ninity to plottere that eieff 
was thought of, it, instead of discoaraing', lh0 



See p. 164, eai £aet% PI. Or. ee 




iSI ] fir High Treason. 

' " W ctrried oa by papers 
I iTOia «w to MMther, and nobody can be 
s the paper is not to fale found. 
As to Uiat part of their olvjection, that it is no 
svtrt act of treason, one of the gentlemen 
lb«iglil fit to treat it in a ludicrous manner. 
Tvaa cbIj rc«uiinji;r a pieoe of paper, supiiose 
tbiy kad Mii|r m ballad. That |[;entleman will 
I M, if I say, those expressions did not 
m Ms ciccasion. An accusation of high* 
» which highly concerns the king and 
bjigwim lit, is an aftair of a serious nature ; 
and if he does hut reflect upon tlie contents of 
' By wliich the witness related, he 
c it m Bsatter to be spurted witli. 
■r. Kcttslhey was pleased tu say, that this 
•hU he tto overt- act of treason, because it was 
m hbel. But surely, that is very 
■y. Publishing of a ps|)er oaay 
one crime or another, according to 
• matter of that paper ; and can it be 
at this time of' day, whether the 
a declaration or a biiok containing 
or offering rewards directly to stir 
luog's sulijecti to rise in rebellion 
him, he high-treason P The treasonable 
i this caae cannot be doubted, and it is 
ia that the publication is an act ; what 
then wantins; to make it treason P But, 
■f brA, this has also been adjudged, and there- 
Ms I won't argue it. 
■]r lardp I have aahl tlius much about the de* 
Air the sake of following the gentlemen, 
are counsel for the pri*ioner, in their argu- 
k ; bat after all, their founilution, which is a 
that there are no other overt -acts 
ia E«sex, besides this of the declaration, 
\y fails them ; for your lordship will in- 
ftm the jory, that Lynch deposed that whilst 
ftqr stoid at the Green Man they did more 
fkm " talk a little politics," they consulted about 
^ p i Ofe U of an insurrection, and the pri- 
■Hf tliere actually proposetl to him (besides 
Vhttwas oontsined in the paper) the design of 
■iBBg the king's person, which arc two other 
■Nrtacts laid in the tndictmeiii. 

UpoD this, another objection was raised by 
Vr. Ketdbey, which, if it holds, will go to 
As whole ; ami that Is, that we have hut one 
Lynch alone, to the iaclrt in Kssex; 
indictmf'nt must (btl, unless there are 
I witnesses to somu 'ir uiIkm' of the overt- 
hii the county uherr ih.> iiMictment is laid, 
kl, ray lonl, that is not now to he disputed. 
bhw is clearly «;(;itIr(l,t:iBt on an indictment 
Vkigfa treason, iu compassing the kiug's- 
if aeveral overt- acts arc laid, and some 
IS OTert acts are proved by ouc witness 
iu the county where the party is 
' itthers of them are ]>n>ved by ano- 
to have licen com untied in a dii- 
ity, that evidence is sutiioient to 
■ lia the indictment ; they are two wit- 

i ^tha same species of treason within the 

i« g af the law.* Ho it was exprcttsly re- 

ft r' — I ■ 

I ■tolatt'a PU Cr. cb. S, s. 6$. 




A. D. 172f . [88C 

•olred by all the judges of the Ring's-bencb, 
in tlie Case of sir llenry Vane, which is re- 
ported in Kelynge 15, and that has been since 
tbllowe«l by a current of authorities ; the Qase 
of tlie Five Jesuits, the opinion of the judges 
delivered to the Lords upon the trial of my 
lord Sufford, 32 Car. 2, and other cases. 

My lord, as this is established by autliorities, 
so the reason and necessity of the thing is 
strong, because otherwise treasonable consulta- 
tions might easily be carried on in such a 
manner that nobody could be convicted of them. 
It would be but to lay the scene U|)on the 
confines of several connties, and take care not 
to consult with any two persons in the same 
county ; then there could not betwowitn cn s c a, 
and all would be Hafe. 

1 have done with their objections in poiat of 
law, and shall now endeavour to give some 
answer to their observations upon the fact And» 
gentlemen, I think the whole of those observa- 
tions may be reduced to one head, which is, 
that it is highly improbable, that what the wit- 
nesses liave sworn slmubl be true. But upoa 
that, before 1 give particular answers to what 
they have offered, I beg leave to say in ge- 
neral that thougii in a doubtful case, where 
there is any balancing in the proof, tlie im|>ro- 
bability of the thing is a consideration of great 
weight, yet where there is plain and poNitivo 
eviilence on one side, not weakened by any 
counter evidence on the other side, the objec- 
tion of improbability can be of little force. 

But to consider this improbability. They 
say* it is very strange, that Mr. Layer should 
be' engaged in so dangerous an undertaking 
with such persons as have sworn themselves to 
be his accomplices. To this, 1 say, it is al- 
ways strange, that men shoubl venture to trust 
one another v^-ith such dangerous secrets ; but 
certain it is they often do ; and as to the wit- 
nesses in this case, they are proved by the pri- 
soner's own evidence, to be persons with «vhoni 
he thought tit to hold a correspondence. IJow 
this great conliilence was at last created be- 
tween them, has been accounted for by the 
witnesses themselves, in a very natural and 
probable way, of which I have already taken 
notice. 

Mr. Ketelliey insisted ibucli upnn the impro- 
bability of Phmkett's evidence, iu those parts of 
it which concern Ji'unes Pluukc^tt and Jetrreys 
the non-juring- parson. That it is not credible 
I that those two mm, whom Flunkctt admits to 
! be absolute Htniu«;ers to him, should at first 
I sight open theniNclves with so great freedom, 
! to a fellow of his degree on a subject of treason. 
I But that will reccne this ans»er: James 
I Plunkett and Jeffreys were, as appears ch-aily 
: from the circumstaiic«'s, in the i.-outiileuce of 
, i^ayer. Layer had a coulideuce iu Matihew 
Plunkett the witness, on the rtcoiiuuendation 
of major liarnewell ; and by means of l^yer, 
both James Plunkett and Jeffreys might be 
induced to trust him. And thus* the chain of 
the correspondence is made complete. 
Another olysctioa was made to Plunkett, 



9 GEOnOE L 

tb&i he had b«en guilty af a fl«t contrirliclion 

in his €vifl<?nce. Tbut he finil sitoit, Jeiffeyt 
toltl him his name upon hU txvsi cnminrrto hiirif 
and aft€nvards that he did not kuow his name 
•till he received the letter from him about ihe 
prisoner's being couie to ton n. Hut tlwt ob- 
servation wa*i ifroimded upon a tiiistake ; fur 
whHt Plunkett said was, that JefTreifs rUd UM 
lijin his surname at fir!»t, but that he did uiit 
Itnow bis Chriatian name tilt he receife^f (he 
letter, nhicb is very consistent. 

But the counsel for the prisoner were w^tl 
aware, that their observatJODs upon the wit- 
nesses could be of httle effoctf if the pajier 
called the Scheme found credit; and therefore 
in the ne%t place they attacked tliat aft Mnrr 
incralibfe ; they represent it as rittieulousiind 
IMtih— 4he scheme of a madman, which could 
ner^r have taken place. 

Gentlemen, a?! to ihisobserTntioti, the Scheme 
ii indeed such an one as I hope in God could 
fiercftake place any wtiere^ but in Ihe heads 
«f Iboae that framed it. But with great nub- 
mission, that ii no objection ta the credibility 
of it, profidcd it be proved. For the t^nsi- 
deration is not, how it now appears to yon or 
to me, who look upn it in a different li^ht, 
and on the contrary pnnci|des from theirs; but 
the proper cntisiJcraiion ii, what the con«;pi- 
ratora thetuselvea, with regard to the views 
and principles they went upon, miglit think of 
it. And, i^ntlemen, in that light e^catuine it, 
go through the several articlts of it, couipare 
them toiielher, atut you will find them cou- 
sistent and coincideut; all the parts answering 
4a one another. Every quarter of the lowu is 

Krofidcd for, di*i|iositiaus made of certain oiim- 
ers of men, and care tnkon to pre^^erve the 
communication between them by watch- words 
agreed upon for that purjwse. These things 
make it plain, that it was fully con sidfTcd by 
-those wlio drew it, and framed not at ramlnm, 
but upon computation of a force of which they 
thought themselves assured. And what, tboui^li 
it should be admitted to be extravac^ant, and 
not likely to succeed? If that shtiuld be ^iven 
way to, as a certain objection a^^^inst a pIol*s 
finding credit afler it is detected, 1 am afraid it 
would be a sure method to make sucli plots 
suceeed, or at least to ftecure the authc^rs of 
them from punishment. Do hut intermix some 
absurd, extravagant parts in ihe plan of the 
conspiracy, and then accnrdiriLf to this rcas^m- 
ing it is below notice, and must be suffered lo 
jpo on, or if a stop be put to its prosrress, yet it 
IS incredible, and nobody must be believed to 
be (^ilty of it. 

But, gentlemen, whatever difficulties may 
be raised a^'^ainst particular parts of the written 
Scheme, yet upon ihp grounds and suppositions 
which the prisoner and bis accomplici-s pro- 
ceeded on, their erenei al design mi^ht appear 
wery feasible to themselves. For it is piam 
they had a dependence, h«iwnver ill-founded, 
upon discontents raised in tlie minds of the 
people, and ou corrupting great numbers of tlie 
\Mrmy, wh'Kh would Wve diroiDished the 



Trird of Christarphtt LaytTf 
strcnisftb of the {V'ovemmeiit^ aiiil add#>d td theii 



ow n ; and ailer they ha4 made a k««riiMyi| 
herf*, it if proved that tbey e:i|»eetcd atMil^H 

The neict thing to be Qonimkt-ed, ii the U%* 
timony of the prisoner's witne«iea ; and, 

tlemcn, you observe that tlh-y have 
called any witnesses to coutrudict the* tji 
taiotd in our evidence, iat Ihe tieofi'^ 
hou4c at the Green Man say iinthiii 
pur()Ose ; but all their evidence is app 
ihe character and credit uf the witncsaet 
dueed for the king. 

Ab to that, I imist observe (0 you« tlia 
not to be expected that conspiracies and 
tr»rous machiuations of this kind shoulj 
proved by person* of tlie best cliai^a 
is necessary from the naturt? uf the t 
they should be proved by those who 1 
privy to them, and such ptrsions 
sibly be of characters absolutely unfa 
Therefore, to say that such witness* 
to lj€ believed, "is in effect lo say,^ 
evidence of a plot is ever lo be l»eli*'vi 
surely is an argument tJiat (troves tool 

The tii-st witness ihi-y called on this he 
my lord North and Gre^, I am heartily 1 
tosee hislordiihip here in his prcseut coad 
Ufion this occasion ; the rather, becaua 
obtigcfi me to ohnerve, tirtt here are cin 
stances proved tvliicli utfect him , I will < 
it no farlher, hut some titciiuibii 
proved in this cause whii*h dn HflTi^ci I 
what is his evUlence ? f li^ lordship \ 
to impejich thecharat'tpr of Lynch ; and I 
ever he may iinpeiiclj his cliaructer, 1 am I 
he sujiporti his credit as to tf»e facts sworfl 
him. The account his lordstnp gave^ waf,< 
the prisoner broujj^ht Lynch to his hoiii 
Epping, iniroduced Lynch to him, that hcl 
never acquainted *vilh hirn before ; but 
Mr. Layer's introduction, received him civil 
and that Lynch came thither a second tim^ 

Now, these are the very facts Lynch aa" 
to, and consequently 8<i far my lord sup 
him. But then, as to bin character, his 
ship is pleased lo »ay, that the first lime Ly 
was ihei'e, he gave him a history of his 
and in that gave so vile an account of hiii 
that when he came a second time, his lord 
wouhl not give him a loilging in his ha 
This, I iliiiik, was the whole of my lord% 
timony ; and I caj^pot help remarking 
it, that his lordship gave no account at 1 
any business, which ciiher the prisone 
Lynch had with him, nor of any partic 
occasion upon which the former introduc 
lutlertohira. That was a matter within 
lordiihip^s own knowledge. 

There is another thing which is a little I 
prizing ; and that is, that Mr. Lynch 
an absolute stranger, as is confessed, to 
noble lord, having tlie honour lo be introda 
by a friend to a person uf his great qua' 
should have so tittle regard to his friend, or la 
the opinion that noble brd was to conceiTe al 
bim» at al the itrsl iutarview to take ao add 1 



Jin- High Treason* 

Mig reoommendei], and i;if e a moct 
nous character of hiinteir. This ia 
: out of the ordinary coui*se ; but you 
lAt ao it was. 

w other witnesses to Lynch's credit, 
uding their number, I apprehend 
lence, when duly considered, will 
I weight. They were most of them 
enter into particular facts ; but the 
reeably to the constant course of e?!- 
erruled them in it ; and that you, 
I of the jury, may be satisfied do 
was done by this to the prisoner, I 
Lion the reason of it. The reason 
cnlar facts are not to be given in evi- 
impeach the character of a witness 
it were permitted, it would beimpos- 
lat witness, having no notice of what 
oru a(;ainst him, to come prepared to 
iswcr to it ; and thus the characters 
MS might be vilified, without having 
rtunity of beiu^ vindicated. 
le witnesses themselves, some of them 
know no ill of Lynch ; many of them 
iro him but a little while; some of 
« ao account of declarations made 
I prosecution began, and how fairly 
e drawn from him don't appear ; and 
others of them, I submit it to the 
consideration of the jury, from their 
I the appearance the> made, whether 
^it not themselves to have brought 
I lo support their own credit. 
rpeara plainly to be mistaken, and that 
'; he was askcnl imw l;ni«f he had 
jach f And, I think, he sai'l he kneiv 
mhIuu last winter ; now it ftpjieurs that 
me into EugUind but in Aprd last. 
men, in the next place they called wit- 
Pluokrtt'tt credit, and there the same 
fell them as in the case of Lynch ; 
' Barnewell, their first witness on that 
ragli he is willing enough to give him 
meter, yet he confirms several of the 
cfa the other swore, and ^ives exactly 
I account of the resouins: the pfoods, 
ilGiNDRtances of IMnnkeit's becf>ming 
Hd with Layer, which lie gave. 
!lhild likewiite supports Plnnkett as to 
OMtance of his carry iiiir her husband 
ifoner's house, and the prisoner's re- 
Me him. 

In. Mason, they have taken n great 
MM to prove her a very ill woman. 
<is, or \»li:-.i those persons are, whom 
f called !•> Imt crc dit, we «:an't tell ; 
Mbapfica.'N even from their own wit* 
kHahc is one witii whom Mr. Layer 
it to converse, and tlieretbre it is not 
Uilhatshe mi^'iit he f ntnistctl by him : 
sach only as i)e tliout^ht til to 
wmA enlnisf, that uc can have 
f. The prisoner, lias, indeed, 
R thrtfC wom«-n. who talk very 
fcrjf angry with her ; and one 
""^ in a scolding way, that 
lihe says or doc:s ;'' auo- 



A. D. 172f. [S8(i 

ther» that '* she would take away apj iiiao'» 
life for the value of a farthing;" and auoh kud 
of vehement expressions. It is sofficieiit to 
say this, that people who talk thus loosely and 
passionately upon their oaths, rather bring ■ 
suspicion upon their own credit, than upon the 
creoit of those against whom they swear. 

But, gentlemen, if they had brought a much 
stronger evidence against the characters of the 
king's witnesses than they have done, what 
would it have availed them P Does this case 
de[iend upon the characters of these threo 
witnesses? It cannot be pretended that it doei« 
Let their characters be what they will, their 
credit in this cause is undeniably supported ; 
supported as to several material facts, by the 
evidence for the prisoner, but most strongly 
by the papers ; against which, 1 apprehena, 
nothing has been said to take off their force. 
If those papers are not genuine, how should 
the notes signed with the Pretender's hand,, 
which tlie prisoner received from sir Williaot 
Ellis, come to be amongst tliem ? How should 
this Scheme, proved to be of Mr. Layer's own 
hand-wiiting, have been there? The prisoner, 
I must own, did call one witness, Bennet, who 
was his clerk, and is now his solicitor, to swear 
he believed the scheme not to he the prisoner's 
hand. But it happened with Bennet, as it did 
with several others of their witnesses, that 
though he is willing to carry his belief as far 
as he can, that this is not his master's hand; 
yet he is forcetl to acknowledge another 
matter, which still verifies the papers con- 
tained in these packets to be nis master's 
papers : for being a^ked of whose hand> writing 
one of them was, he swears it was written by 
himself for the prisoner, and by his direction. 
This comes out of the month of his own wit* 
ness, and confirms Mrs. Mason's testimony, 
that these papers came from Mr. Layer. 

But over and above all this, you have the 
prisoner's own confession, proven by two gen- 
tlemen whose credit is beyond all dispute ; and 
certainly the prisoner must be allowed to be m 
good witness against himself. 

However, we shall not leave the credit of 
our w itnesses singly upon these observations, 
though I think we might safely do it; but 
shall cndi?avour to take off any ill impression.^ 
their evidence may have left upon you, and 
vindicate their characters; and that, not by 
such witnesses as some of those produced for 
the prisoner were, who, I observed before, 
might stand in need of witnesses to sup{>ort 
their (»wn credit, but by persons of undoubted 
reputation, who will satisfy you that their ge< 
nerni character is such, that they very well de- 
serve to l)e believed by you. 

I have now done with repeating and ob- 
serving upon the evidence on lM>th sides; and 
I beg leave to insist upon it, that we have 
fully made good what was opened to yon at 
the he:rinning of this catise, that in general 
tiierc has been a horrid conspiracy carried on, 
ill order to overthrow our happy constitution, 
ait'l to deprive uv of all the blessmgs we enjoy 



SS7 j 9 GEORGE I. 

mnd promise ourselvei , under the establishment 
of Ins majesty ani) his Protestant royal family. 
The part the*^pri«oner hath acte«i in this fully 
appears to yon, and it appears to be a rery 
oonsiilerable one. 

It has been Mid, imieed, that he is but an 
inconsiderable man, of no rank or fortune fit to 
aosuin such an undertaking. That obserfa- 
tiou may be true ; but since it is plain he did 
midcrtaKe it, that, joined with the other cir- 
cumstances proved m this cause, serves only to 
4lemonstrate, that he was set on work, and sup- 
ported by persons of greater abilities for such 
an cnterprize. And, gentlemen, this is the 

most affecting consideration of all. But I 

would not, even in this cause of your ku.^ and 
of your country, say any thing to excite your 
passtcos; 1 choose rather to appeal to your 
judgments ; and to those I submit the stren;>;th 
anci consequence of the evidence you have 
heard. 

My lord, I beg pardon for having taken up 
•o much of your time; I have but one thing 
to add, and tiiat is, humlily to beq* of your lord- 
ship, for tho sake of the king, for tfie sake of 
myself, and for the sake of the prisoner at the 
bar, that if 1, through mistake or inadvertency, 
have omitted or inisropeated any thing, or laid 
a greater weight upon any part of thr .'vidence, 
than it will properly Ik'uf, your lord^uip will be 
pleased to take'notire of it, and set it right, that 
this wh(>le case may come before the jury in its 
true and jii»i light. 

Strj. Chf shire, ft is so late, that it will be 
inexcii^nblv in me to trouble yuur lordship ^viih 
any thinij by way of reply, espcrially since 
Mr. Solicitor Cieueral hath done it ko fully. 
Wcbhall only beif leave to call a few witnes>es 
to the creilit of the kind's witnesses. 

Mr. Ketdhttf, I shall not take up much of 
ynur lonltihip's tirir;, esjrerir.ry s"iro }our 
lordship and the Cvourt iiave Itciii entrrtaiPLMl 
so wrll r.nd so lonj;- by Mr. ISulici^or Gciieral, 
at least two hours, a> 1 have observtd hy my 
watch; b»it it uas inipnv lh!e for inn to think 
Lim tetlious, thon^-h mi L.tt? at n-'^Iil, ;iud esije- 
cially Kiiice \i\> co.icIu.»ii':i is ^\..;.i;y r.-^rctahlc* 
to the c'oncliisii.ii oi a InN: <;clcbrat('d .Solicitor 
General * on a. like cccasimi. 

Att. Gen. We niu>t be:j k-aveto (all soiiu' 
witin'bi.i.'s wo hav«.', who will support the credit 
of Mr. Lynch and Matthew Plunkett. 

Mr. I'c rno/i sworn. 

Seij. CUihtJc. Do )0U know Mr. Lynch.' 

J''crnon. V<'s. 

Serj. CU'jhirt . WIiul account dr you give of 
him ';' 

reman. 1 keep a tivern at the Swan and 
Uurnmer in Fii.ch-lare; tiiiii giiitlenian hath 

* Mr. Finch, al rol. SSichu y's iriul. Formtr 
Edktijri, The trial ol Sidney ;s rqirrtcil in this 
l'ol'fCtion,v(>l. 9, p. 817. j'do not tind in that 
report any account that the Solicitor General 
did what is ht-re nsrrit>ed to him. Concerning 
that report. »ee vol. 9, p. 8(i5. 



[!88 



Trial of Christopher Layer ^ 

frequented my bouse these ftwr i 

day, till he was in cuMndy; be hath beoi « 

vc ry tr^od custcincr, and paid me kooctlly. 

Serj. Cheshirr, Do you know the priMMral 
the l»r ? Have vou seen Mr. Lynca •atlia 
in comfiany t<i^^ether at your hoaae ? 

Vernon. Yes ; I have seen Hiem hiiBi to 
company together at ray houjte. 

Mr. keleibey. How long hath he beayip 
customer ? 

Vernon. From the begioning about Ite 
months. 

Mr. Keielbetf. About four months! Didht 
spend his money plentifully and fnedyf 

Vernon. Yes ; some part of it 1 bave bU 
since he bath been in custo<ly. ' 

Mr. Ketelbey, How much was he in yatf 
debt before he was in custody f 

Vernon. Ten or eleven shillings. 

Mr. Kctclhej/. How long had he beei ig 
custody before ho paid you? 

Vernon. Not long. 

»Jr. Hunseiford. He had the first fnfeiif 
his bring in custody ; he had some aNBlfi 
anJ so he paid *ou your reckoning. 

Seij. Pen^eliy, VVe take it, that Nr.Tflnarf 
{>ro«es, that Layer and Lynch were tJOumMi 
together. 

Captain Malthus sworn. 

Serj. Cheshire. Do you know Stepboi 
Lynch? — Ma/thus. Yes.' 

Serj. Cheshire. How long have you kaomi 
him? 

MnitfiNst. Ahout nine years. I knew bio 
first, >> hen he was a merchant at the Cananei. 
I trailed wiih him several times ; several times 
i wrs conaritrned to hiiu, an«l 1 have seen hirfl 
at homo. 

Serj. Cht'>hirc. What account can you gift 
of hl^ l>eh:;vj'.)ur? 

Mt It Inn. Ne always behaved himself ver| 
wil;, ! \\\v\k. 

A'i. i'-v'i. Do yoM think hi> wituld sireir 
\\\\ • iy to liik ■ awny ii in.uiN life? 

^hJiiius. No, I don't ihiuk ho would. 

VtY. httfifny. I low h«ng is ii since you btw 
!).?%; I .1. (}i::iiiit(.J wiih liiuii' 

Mdif/ih:,. Mjiif- or liMi years, 
j >ir. KvlUUu. i:ow' long is it since your last 
aO(;:iain'.aiK'H i' 

?.J i!i/it:;3. About four iu')tiths. 

'<*. Kiicibey. Whif distance of time did 
thore use to be bcfwteii your seeing of him? 

MuUiius. Two or liireo years ; every time I 
\ oatnr home. 

51 r. A't tclf'Ci/. Doih he owe you any money ? 

^la.'Ci'ius. No. 

Mr. luh'l'ty. Would you trust him with 
money ? — MiiUh'ix. Ho ne\cr askeil me. 

.^ir Kctciivi/. Vi:nr wimess we may ask ai 
to p;;rticular'>; Did yju know his auiit'there at 
that tiine ;'— Mutt hits. Ni>. 

3Ir. Kctc/lty. J)id \ou know any thing of 
his hchaviuur? 

MuU/tus. I never kucw an ill character of. 
him in my life. 



for High Treasm* 

iplaifi Arnold fworn* 

Do toa know Sf^phcn 

Ifn-r ': •:- Vfjive yon known 
It b I ears ii;»o. 

— Arnt^itt, No. 
re. Do you take bim to be a 

nrf fr hm} nnj Jenling^ with him* 




cy. WouItJ yotl trtiit liim with 

^f e tUitfbg^ li a imall sam. 
Ci>l« Manmng sworn. 
Ch^ikirt. D» you know IMadliew 
^ia^mng. Yen, 

Bow long bare joo known 

•rdv of len years. 

If hat credit hatb be^ Do 

honest man ? 

vni himself wcll^ and 

Do you think he would for* 

I 1 li^licf e not, 
- vf* "I 1 hailnny ifi»coor!6c 
Vif^ Atjd ditl not you 

k No^ 1 (lid Dot. 

|nr/onf. Did not you ifive him a 

Ir lA Mr. Lnyer ? 

\, No, 1 did not. 

, Do you mean thos, lliat he he* 

alf rery well as a soldier ? What is 

it cbaracter in ^ctlK^^\ ? 
immg, 1 know uo ili character of him 
II waa with tne« 

Cifal^y. Dill yon itmft hear any thinfif 
Im m air Daniel Carrol^ th«t he mm& 
M4tm^ti4 irpon him f 
^J» If li» fftad« an unjutt demand, wit) 
nfcra be perfnrMif 

^ititikiy. What hate yoa heani about 
^la^wcca Mr, Pbnkettandsir Dimiel 

' Mr. Layer say^^ 

nattr hparany body 

Uim^ i mIc you about making 

I nfoo air Damd Carrol I, what 

filf 

^ mftf beard any thinf like it, 

'Vy My lond» wo ai>|treheod we 

EiiBine, la to parti curara, a person 

fftkn aide proditcea aa a wilnesa to 

^ ^^ A iodis- 
.f»iu With 



A. D. 1722. [S90 

iibftnm^. No, I toUl you t liad oothbg tm 
iay in relation tu PlmiketVn rhar«cler. 

Hr, Hungeffi/rd. Let him ilIudOi I woal4 
not atk him any more (jtif'stinns. 

Manning. Why lei In 

Mr, Hun get ford. I *v< , . , j ve him e»» 
BDtne you any further. 

Manning, You ore ?ery civil, 

Mr. HuitMrrfQrd. So 1 aiD, to give you oo 
further I rouble* 

Major Home/ sworn. 

Serj. Cheshirw, Do you know Ulatthew 
Plunkeit ? 

HameL I bare known hitn these seTentectt 
years. 

Sffj* Cheshire, What character bath he? 

Hamel, He was then ailrumiiRTin the rr^« 
merit, and always did his duty well ; I tmiew 
heard him coni plained of; he aWays hud a 
good character; he went from Ireland to Smtin. 

Mr, Uungerford, You speak to hia military 
conduct ? 

HameL I know of no oiber. 

8erj. Cheshire, You say be always had a 
good character ? 

HamrJ. Yes, he always had. 

Captain Croiltf sworn* 

8erj. CheMhirc. Do you know serjeaot Plu 
krtt.^— Croji^y. Yes, 

8erj, Cheshire, How long hsire you known 
htm.— Crui^V. Three yeara, 

8eij, Ckahire. What cbaracter had he for 
that lime ? 

Crmbj^, W^hilst I knew htm, he bore a good 
cimrftiier. 

Sery Chtthire, Did yon hear any ill of him P 

Cro$hi/, Not during the time that I knew 
him, 

Mr, Kctdbey, Where waa the regiment at 
thut timer 

Crotby, tt was in towu about half a year ago. 

Mr, KeUihn/. Were you not of the aania 
regiment ? — Crmhy, We neve. 

Berj. Cheshire. We won't gir c your lordship 
any further trouble, 

Mr. Kctelhof. And we sppreh^nd we hara 
no occajiion to giro your lordship any further 
tronhle hy way of rcii^y. 

Ait. Gtn, My lord,'aBto my lord North and 
Grey, we can prove he atli'mpieil to get away, 
ami waa endeavouring to go to Francf , ana 
wan taken in iht isle of Wight ; and that o hett 
the prisoner wasucized, he went a messenger to 
give my lord N oi th notice of ii . This la^l waa 
conivaBed on his examinatfoo, and wt; can 
prove it, " 

BIr, Kffelhry, 1 most aubmit it to yoor lord- 
ihi'^ < be admitted 

aa < ' person. 

L, i . /, it Hu.tiyr, 

Geuctemeri »« »« indictment 

a;j:;i " *^" ' a^n, m- j.m >Mcr at the bar, |%>c 
liVj^i ' The treji^on witli which ha 

muTihU » ,»..i -^li, is the oompa^^mg and itnagin* 
ing ibe drath of the king ; tlm overt-acta ths^ 

U 



I 



« 



f91] 



GEORGE I. 



Trial of Christopher LayeTf 



[tori 



are laid in this indictment, as evidence of this 
treason, are several ; first of all that he did 
meet and consult, adfiae and ame, to lery war 
against the king ; the second is that be did 
publish a seditions and traitorous writing, ex- 
citing and encoaraging the people to an insur- 
rection, and offering rewards for that purpose; 
the third is, that he did engage in a design to 
■et the Pretender on the throne ; the fourth,, 
that he listed soldiers against the king ; and 
the last, that be did consult and agree, to take, 
aeize, imprison the kin^ : these are the several 
oreit acts that are laid m the indictment of the 
treason, that is, the compassing and imagining 
the death of the king. Gentlemen, I must tell 
yoii, belore I go on to lav before yon, and ob- 
ierve on the evidence, what the law is ; and I 
must tell you, that the law is undoubtedly so, 
if a man is charged with treason, in compassing 
and imagining the death of the king, there 
Bust be an overt-act of that treason proved in 
the county where he is indicted ; and in the 
next place, if there be such overt-act in that 
county, he may be charged with any overt«act 
of tlie same species ot treason in any other 
county whatsoever. This hath been irequently 
resolved and agreed, and was hardly ever maiie 
a question. 1 observed in the hands of one of 
the counsel, and he took notice of it, that he 
bad the trial of sir William Perkins ; he coulil 
not but oheerve there laid down by my lord 
chief justice Bolt, if evidence be g^ven of 
treason in one oomity where the indictment is 
laid, he may be charged with any overt-acti of 
the same species of treason in any other county 
irhatsoever. The law being so, I will, in the 
best manner I can, set out the uiatters that 
have been given in evidence, on this long evi- 
dence, in the clearest light that I can state the 
examination, the objections that have been 
made, and the obsenations that are proper to 
be made upon it. 

To maintain this indictment, the king's coun- 
ael have produced several witnesses. The first 
witnctis is Mr. Lynch ; the second witness is 
Mr. Plunkett ; all the other evidence bath been 
offered to confinn the evidence ffiven by these 
two witnesses. As to Mr. Lynch, lie tells you 
liow he came to the acquaintance of Mr. Layer ; 
that he was an intimate acquaintance of I>r. 
Mnr])hey, and Dr. Murphey recommended him 
to Mr. Layer ; being so recommended he had 
several meetings with Mr. Layer in Middlesex 
at the Griffin-tavern, and in Holboro at the 
Castle- tavern, and 1 think at Southampton- 
buildings. 

He tells you, at thene several meetings it was 
declared, that there was to be a rising, and it 
was Uiouglit necessary, tu/inake this rising the 
more eflfectnal, that my lord Cadogan, the com- 
mander in chief of the king'a forces, should be 
seized. 

Mr. Layer said to Mr. Lynch, he was kioked 
upon as a person proper for the undertakiiw, 
and he declared that be was willing ; and aaio, 
if that was the opinion of thwe conomad io the 
affair, be wouU undertake Io do k 



; they went to my lord Cadogao*8 boaw, to ?iew 
the house, and the several avennea aboot tho 
house; and after the^r bad taken Uua viewt 
Lynch declares bis opinion, that it was ftiiiUi| 
and he would undertake to do it. 

After he had given yon an aocoootof what 
happened at the several meetings in MiddhMSi^ 
then he comes to what was done In the awiHj 
of Essex : he tells you Mr. Layer canae toUii, 
and asked him whether he would ride oat «lh 
him to take the air? He agreed to k; tbqi 
both went out of town together; be sud, fhk 
as they were going along, Mr. Layer toM Mm 
his intention was to go to my kml North tod 
Grey's; he says, they went forward with 
that intention, but before they come to the 
Green-Man at Layton-stone, they thooght 
it would be too late before they pit to my 
lord North and Grey*s for dinner, tbcrefiNO 
thev thought proper to halt at the Ghreen-Mtai 
and, take a refreshment there. He teHsyoi^ 
they did stop there at the Green-Man, and «C 
tliat time Mr. Layer did repeat the disooanoiT 
the rifling that was intendetl to be ; hesoU, n^ 
lord Townshend, and my lord Carteret aid Mr. 
Wal|M>le were to be seised, a party were to b| 
sent to seize the king ; and that a scheoN VH ^ 
laid for seizing my lord Cadogan, and thit it ^ 
was proposed as a proper time to put tUo U ^ 
execution at the breaking up of the canp^ "Hi ^ 
saifl, when he was mentioned, at first fa« mdl ^ 
some little doubt whether tliat was a proper ii^ \ 
portunity ; with that Mr. Layer told him, pnw .^ 
consider with yourself, if you do not think lUl -^ 
practicable, will you propose sooMtbiDg ehli.^L 
anil \yQ will alter our scheme ? 

He saith, at this same time Mr. Layer poM ~< 
out of hi« pocket a Declaration, purportiog aO 
exhortation and excitation fur people to riM 
and t.ike up arms against the king, sod rewaidl 
offered for that purpose. 

Afierwanls they went to my loni North aid 
Grey*s. and that Mr. Layer introduced him 1^ 
his lordship, as his friend ; that they were o» 
villy and kindly received, supped there, jl^F 
there that nii^ht, and dined there the dy' - 
atler. This is the evidence given with relslittaA. . 
to what was done in the county of Essex ; t*^ 
if this relation be true, no doubt there k a i*'' 2 

orft>^ -S 



overt act proved upon him in the county 
sex, and consequently the indictment 
laid in Esiiex, and then the evidence 
county of Middlesex will be a proper 
against the prisoner.* But as to this 
of Mr. Lynch, they say for the priai 
Lynch is not to be believed, that be 
profligate wretch, and no credit is to i 
to him, though U|»on bis oath ; and it 



* See Bast's Pi. Cr. ch. S. a. 61, ai «> 
164. That if one suffideot 
county io wbioh theindii 
by one witnesa and i 
be proved by i 




f..w 



' High Trea»(>n^ 

> «tiif<^ce Ihftt bath been [j »ven for 

ft CT^rat number of witoess^it, 

r your conjiiiieration : but you 

i cane of thh ruirure, if yoii ore 

es wltbotit rxcephiiD, it i« im- 

J ftny eirictt'tice to couvict a man 

i; nolKKly wUl eugn^e in sucb 

I of ft Dice crettit and rt;|)uttitiori, 

t'n not to Iterxpt'ined; for if U 

1 bft imfKitsible to convict any 

urtll emiMiiJcr« ftUbough credit 
be i^iven to n mna of ill rc- 
i»su|t|>oried in hh cvitleno*; that 
other evtdcDccSf you vvill consider 
fOiftl w\l\ not remove al! sorts of objec* 
\ ta liii dttracif r. 

\ tite orert act of publishinnrtUe deflara- 
1(1 ported hevond coT»lradiction ; 
in h\s rxaminiition before the 
tUiiCii, uberi iieisiLakcd, whether 
iclaratitin ? He says^ he 
p Arid tbat was drawn by 

Mv lordf what Mr. Staayan ftuvs, 
4m tiot say thfti 1 confesseii that 
liv we. 

'<ju must not interrupt me while 
r Ibe jury. You have behftved 
IperatHy hiiberto, but you must 
I cHunot bear it. The bub- 
Mr. Stanyaii Htitd is, that v\ hen 
mI of yoUf whether you bad seen 
imttftm, }ou said, you had leen none 
riMKli drftugbt tbat Wfts drawn by 



1 hfg your lordahip'i pardon^ Mr. 
m m here in court. 
X X U be in court f Let biiD be aak- 



ftgain. 

^•% My liird, I lielie? e I did iayt that 
i^i^r M confesii, that it was the heads of 
IfMaoo which be bad drawn himself. 
C« J* Now, Sir, after this, i expect not 
M by you any more. 
the leatteri he doLb at the same 
that that waa the declaration 
be bad shewn to Mr. Lynch at the 
(•Man, «iD the way as they were goinf^ 
i lani North Mid Gm'f . ho that part of 
tft nippmied by Mr. Layer's own 
~ E> the other pait, that he did 
tft Jevy war, contider, that he 
tbe council, that he did i^o 
EB»llftft, and there shewed the de- 
Mr. Lyncb ; whether that doth not 
whit tbeniht rKaith, that be went 
Naiif and tlmt th^rethey Utk. 
ion, and the li^vyioK ^* '*"*' » 
my lord North and Grey*s, 
tftooamitfided Mr. Lynch to 
' 0f«y ftft ft fit peraoD to aeize 
aaal to bft coDcenwd in tbo 



A. D. 17^22. [294 

war a||:ainst the king ; but be confesaed beforft 
tite council, that he went to Rome, h»d two se« 
T era t conferences with the Pretender, and wai 
very kindly received by him : beaaid be aaked 
the Pretender, if he would tjif e him any cro* 
deutiab thai niJ^ht reconnnend liim to bis 
friends in En^rland ; thut waji obj^^ct^d to, and 
not complieil with ; but then he anked a pkrti- 
cubr Ikvour, that the PrHendtr's spon*»e would 
stand ^oduKither ti» hii child; ihat is* trrantc*! j 
and the Pretender iiimself is willing to stand 
giHifftther. 

Afterwards, when he returns into England, 
he coiisitli '^eti of proper proxies to represent 
the Pi f'f endtT ant) his upouae ; and asking mf 
lord Orrery, he refused him ; then heaakeil my 
lord North and Oicy, who con^icnleil : my 
lord North and Grey «tood ai» pr^ixy for thft 
Pretender, and the ducbefa of Orroond aa 
proxy for the Pretender** wife. 

lie tells you, at this time when he was at 
Rome, he had tobl sir William EUis, it would 
be of great service if be could have a fund of 
credit to raise money with. How must that 
be? \Vhy»saith he, letrae have blank receipt* 
signed by the Pretender himself; and accord- 
ingly he 1 1 ad* 

This, be tells you, is what happened at that 
time. Now the evidence given by Mr, Lyncli, 
liein^ of an insurrection in favour, and for the 
service of the Pretender, when Mr. Layer owns 
be had two con*erences with the Pretender, 
and was receiveil so kindly by him, and hnd 
lucb particular marks of bia Favour ; cotifclder 
wbrther thid dotb not support the evidence 
wbicli is given by Mr. Lynch. 

The next evidence ia Mr. Plonkett ; be idli 
yon how became recomoiended to 1^1 r. Layer 
by one major Baroewell, on this occasion* Ho 
tells you Mr. Layer's goods were in executioDp 
and be was employed by major Bar ne well to 
rescue them ; accordingly he went and fetched 
a couple of soldiers, got into the bouSe« droto 
out the othcers, and rescued (he goods. By 
this it appears, (hat Mr. Plunkett was a bold 
daring man, tit to be employed on sucb an oc* 
casioQ, and they assign that aa n reason 
which answers tbe objection made. Saitb Air. 
Layer, how came it to pa»s, that when I bad 
never seen tbis man, that 1 of a sudden should 
have such a contidence as to trust him in an af* 
fair of this nature? Jn answer to that, it is sai<f| 
he liad done bim a singular service before, be 
bad done ft bold act, bad got some grenadiers 
and rescued his goods when tbey were taken 
in execution; and likewise James Plunkett had 
given a character of him, that he lookexl upon 
him as an honest man, and therefore recom- 
mended bim to Mr. Layer. 

Then he tells you, that Mr. Layer said they 
wanted a man to serve on this occasion; that 
•Tames PI uukett talked of ofticers, but we don't 
waul officers ao much as we do brave serjcanta, 
old soldiers, such aa will be r»'ivdy and qualifieil 

!«upport tbe mob, »nd to dinripline and head 
Micm I ibftseare the men we want, can you get 
I §mU m thotf Stlcb aa yoy arv, that will bft 



f95] 



9 GEORGE I. 



ablato discipliaethe mob and pot them io order. 
1 told bim (says the witness Plunkett) I wooM 
do my endeavourt, aud accordingly 1 adf ised 
him that I had procured twenty -five read^ 
for the serrice ; he desired to hare lists of their 
Mmes, and the places of their abode, that so he 
nifjrht know where to send to them on occasioD. 
' Now the objection to this evidence being only, 
how comes it to pass that a man should be 
trusted with such a secret, snd this on the first 
•iflfht or acquaintance P Why, saith he, I had 
b^n employed before, and had shewn myself 
faithful on other occasions, and did serve him in 
rescuing his goods, when they were seised upon 
in execution, and James Plunkett recommended 
me. This is the eridence of Alatthew Plunkett ; 
and if Plunkett swears true, if he was desired 
by Mr. Layer to procure and list men for the 
service of the Pretender, and he says and de- 
clares he did do it, then, if this evidence is to 
be credited, the prisoner at the bar is guilty of 
the treason wherewith he stands cbar^: But 
■till they rely upon it, and hope you will not 

E've credit to tiie witnesses. You hear what 
ith been answered by the counsel for the king, 
and I observe to you now, that though here 
was such a charge against the witoeases, the 
kind's counsel have |miduoed several persons 
that had good aspects, and seemed to oe men 
of reputation, wlio say, they know them, and 
believe them to be men of reputation. 

Then, gentlemen, the next thing insisted on 
is, that the evidence given by Lynch and Plun- 
kett is supported by the papers that were seized 
in Mrs. Mason's custody. Consider how that 
matter stands ; Mrs. Mason tells you, that Mr. 
Layer bi-ought two imckets of papers sealed up 
to ner, and told her they were love-letters ; she 
says, slie was desired to keep them by the pri- 
soner ; and accordingly she did keep them for 
him ; and you have it afterwards from the wit- 
nesses, who have been produced, and against 
whose credit there is no exception, that having 
a warrant against Mra. Cook and Mrs. Mason, 
tliey came to Mrs. Cook's house to search for 
papers, and in Mrs. Ma<K>u's room there was a 
trunk which was locked ; they entered it to be 
opened, which Mrs. Bf awm did, and they^koot 
of the trunk two bundles of papers sealed up 
as you have heard ; they tell yon the bundles of 
papers were Ojtencil, that they set their marks 
upon each paiier ; and one of them did not im- 
mediately set his mark; but afterwards it is 
proved that be kept ihem from the time they 
were delivered to him till the other came back 
again, and then upon his return he delivered 
them back again to him ; tlien he set his luark 
upon them, both set their marks upon them, 
and therefore they can swear that they are 
the same papers that were token out of Mrs. 
Mason's trunk : Then, if Mrs. Mason swears 
true, they are the papers of Mr. Layer, which 
were delivered to her liy hiui ; and so tracing it 
from iiaiid to hand, thi-se are the same pe|ien 
thai were found in Mrs. 
Mrs. Mason swears the 
her flurk apon then. 

1 ^ 



Trial of Chridoflier Layer f 

Bot, saith Mr. Layer, than is as i 
^ven to Mrs. Mason, she is sn ili^ 
infamous woman, thcirefora her r-^ 
to he regarded. 

Gentfemen, consider how tlus I 
in one of these packets of papsra w«n immk 
the Pretender's receipts, which Mr. Lrairbs* 
fore the council said, he had desired r~ — 
Ellis to procure for him Irsm the 
and which he had aoeordingly 
that he had received them ; aiui 




that he had received them ; and tbss s rsMfii 
being in the packet found upon Mrs. MmMi 
how came they there, if they had not ban 4» 
livered to ber by Mr. Lsyer? Tiieiiifanithsu 




Ma.ion's oiiatody, 
s; nndsksalnis( 



receipts bemg in this packet, plainly 
strate that tlMse papers are Cfas papers sf lir« 
Layer, and were by him delivcrsd ts Itai 
Mason : And if they were bis pspsiSp than 
papers, and what is contained in theili, will hi 
a strong evidence against Mr. Laysr. Nf^ 
withstonding all this, wky% Mr. Laysr, than 
were never my papers ; it is foigery sr 
Whether or no you will believe these | 

be Mr. Layer's, when it appears those ,^ 

were found amongst them ; iiesidss thst, hws ■ 
s paper soiongst uiem, that the witness Ihift k 
produced by Mr. Layer, one that was Ua cM^ 
swears thatlt is his own hand- writing ; liow SHH 
that there, if this be not the bundle snd paehit 
of Mr. Layer ? And on this they Uin Ikp .: 
strength of their case. 

If this be so, consider, first here it s Seheast ' 
whose hand- writing it is, hers^ hsth ban' 
variety of evidence as to that. It ia inaislsd SB ^ 
by the king's oouosd thsttbe ISehsais istf ^ 
lAr. Layer's hand-writing; and if so, tbiaisa 
stronger evidence against Mr. Layer* than IT" 
the papers had been only found in hit entlodr. 
How stands that P Here ia one that was WR^ 
Lajrer's master formerly, who aaith, he vciil]^ 
believes this to be the hand -writing of Mr« 
Layer; if tliat he so, then all ia well, snd ift 
ought to be read, not only as a paper that «n^ 
, in Ilia poasessios, but aa a paper tnat was i 
j by him : But they diKpute, snd say, it is not 
, hand- writing; they ahk this witness how I 
I it is since the prisoner lived with bim as 
' derk ; about tburteen or fifteen years 
aaya the witness: A man's hand, aay 
may be changed in that time : but 
the witness, I verily believe it to be his 
: writing, for I have within these fi«e yeais w^ 
, ceiyed several letters frovi him about bnaha MBM 
j there being a correspmidenee between biB »_^^ 
, me, I being his agent in town, and these U>*%^ 
are of the aame character he used Ibnrttf**^ ^ 
fifteen years ago, theretbre 1 beliefeitto is^^ ^ 
' hand -writing. 

> But, say the counsel for the kiisgliC'v 
won't only prove this hy these gentUmg** J j 
the prisoner himself liatli cootieat it ^^^ 

hiiw Btands tliatP He contini, when fc^^*^ 
asked at the council-taMs, whst he \s:^ ^am^ 
arms that were inovidetl P He said, he ftK.^^^ 
To which when it wss asijl, h»^ 
tsmeutinnitinXhiBflshanMaf : 





fof High Tnasm* 





\ Im, it ia m uufttftke, I Jliould Ua%e 

iOMih, t«Jir lUifi tcifelber, oonsitler \»ttb 
«i« vf UiU Uie i I np<^fi (li* il U. He i^a it 1 j , 
r b a^kftd Alioiit tb«te amtf, f tbouid 
itt* «ibtob fthoutil be proviiied,' W briber 
|b tittl ttncatii to a c4itile88io{i nf tbb 
I be i«4l %tf your eiiuside ration, «i « 
•fidkiice of wb»i the otber wit- 
Bul^ sAJib Mr. Layer, let me 
In firore tJiat it m not my btnd- 
Mb a gtntlem&o, and be says it 
tiritkig' ; be calls bis clerk, 41 nd 
it ia not bin maftler's baud. 
ilufasea: Tben tbere is an ad- 
t oil tlxe olber side, and tbat is, 
oil. Wbetbcr it amouiiU to a 
be U'fl to your cousideraliou ; 
Hcbenie be not of biii own iiand- 
» it iraa aScbtine wbicb be bad in his 
i aJooe bad been a coni^iderable 
him. How cauie be by ibis 
tliad be to do witb it ? 
t bath been read to you, which 
end nsctbodji to be |»ri}€e4;ded 
I pbee, tb*? Tower i« to be seiz- 
i to oitfuut the guard ibut wouUI 
t, and at nine oVlock at olght 
fmdMm the Towi^r : then they are to 
k^aiid 8ft a g^uurd ibi'rr^ after 
t IaImo oul tftoney froui I hence : after 
ttUii ^OM of ji^f eial oibef i^tiardtt tbat 
1 in other (>laci>Sr and then a o^rty i« 
» aeize tlir kiag ; iJien be Uflls you, 
m to be seaf over tbe water to 
hoena tlie {prince ; be calls 
e,lMil it f§ jdaiii be lu meant* 
thi«own bund i« lit iokf, it is a 
I tbat be wnjf ill ibts tMmii|iiraev ; 
a ^bt ittc of ibitf uature in bit 
I will be ao r«ideuee ugaioal him, 
I ttol write it. 

iiMsr eirery body i« aol lilifficd 

\ were bii, whicsi in ihcaehua* 

fcceifii ^i^mud by tbe Prolan4air 

i^fn r I bat wa«i of his ekrit'a 

ill i*mud; itmiafreKt 

jM-e of Hru Maaoii, 

I ilia btAtii)U^ tu be bis papers. 
• maUer^ frf rtidtfute, and initit be 

vtmitie tiie Ireojon- 
^ Um liitii, Ike. 

laoey would be 

F. Layar, I told dx Witlniu 

I llut lliiffeare ritceiiila sigoad 

" Mich tbe iiniOBer aaid 

»'y on ilial oocaaion. 

wiUi me. pailb Mr. 

• iidii me uH'<'i|»iM, and 

- rofouud Hi iUiit bundle 

y vBiye tbvjr iban;, if tiiey 

rn; tlie dealgB Utt|^ 

V are la angiftt ^ 

fMdngt^ yoii «<t iii^ ttferai 




{»spert srt) found in tbe;^ bumi1e« that contain 
an account of tbe number of men tbiit were ia 
such a troop of ^uardii, the umber in such a 
troop of fiirenydivrs, and tells you what tha 
numbers were ; what was the me^nln^ of all 
this ? How came this gtntieman to be so soJi* 



» tbe number of guardi 

gel a true si«t<; of thia 

luiow who were I be per* 

•^^ ly I0 be corrupted, and 

iuies be mig^bt meet Willi 



ciious in exiiii. 
and oiBcers, ' 
matter, thai 
sons thftt wi I 
what a outntkri .^ 
on litis occaaioD 1' 

These are Fery strong circuioilatices agaiml 
Mr. Layer, uoless Mr. Layer can ij^ive any ao 
count why be kept these piipers su carefully. 

To ^o a little b«Ack, as tt* tbe business of illr. 
Lyndi ; it apf)ears ht; did n<H kuuw Mr. Lynch 
before ibis affair was set on foot ; he rode out 
with hi()>, fifties to tbe Gre€n Man with bim^ 
IJiere they talked over ibis affair^ there he pub* 
liirbes that tmi(orou& decUtatioOf Shd afteniarda 

IiresL'nted Lynch to toy lord North and Grey, 
inw came they no iatimately ac<|uainted un- 
leaa on tliis occsi^^ion f 

Then, (gentlemen, I bey go €0 and tell you, 
when this ^enlteiuaa was coromitted info the 
cuslodv of a niesseuger he tti^tia his escspe, 
and tills we look uf«oa as an eiideuce of guUt, 
iuti a conclusive eeideoce ; a o»au may 4;»cape 
though he Is iBaaceut^ yet it is an evidence 
that is msterial to lie \t(i to the jury, and is pro* 
per for their cocmi deration ; he is putkued and 
n-taken ; when he i!^ retaken he is under great 
ci»nftemali^io ; he begs for the Lord's sake 
they would lei him go« aad ^aid it was an ar- 
rest ; he took out of bis pocket a i^reat number 
of guiueasi aud said, they »hotibl ha%e what 
number they plpa«ed, if Ihcy wotilit k*t hhii |<^ i 
this ia a matefial cireuaiatauce, hihI doth shew 
that this urentlefnitt waa more than ordinary 
concerned in tliisaffsir. 

Vou will liy these llt'iogs to^rether, and coo- 
■ider bow lar ihe^^ satisfy you» that this geo> 
tletnaii is guilty oithe treason. 

Than they ffite you ua account t><>^v h^ did 
csvfefls belbre the lord n of thi* < ry 

lynvf thai lialli lieen sworn by iIm ls: 

that he weiit to the Green Mim ui your coun* 
ty, and there cunsultt'il ami u^ret d 10 Ciirrv on 
tnis affair ; that he did Uike out and resd the 
declaration j ihi^ i?^ a uirong ev id nice, eni^e- 
clully ifcoiiipartd wi:h what he confesbpj, ihsi 
be tiad two rimferenres with lb** Freirnder at 
Home, was kiiidty it crimed by huMi aud bad 
particular aruirks of liis tiiraur : be is desired Lo 
stand ^od lalher, and bis wile to stand i(od> 
roollier to bis cliibl ; and at'cordin^ly they 



i 



4 



stood ; he di^Mjresi iuy 
•land isiimay furthf 
obesiiifOriliimdi<'> r 
spouat } aiMl ttiev 
in|f cuf fuH t4iiM. 
tb 



to 

'III* 

.. i..^ , ^r'f 

vine at the cbrisleft- 

the en I c 11 1 II iftt A 11 cea 

I be 

: - - 1 lis 



said on the be bull iil kkr (irt»uii«r.LbsL^Mf »ta(»ls 
at the bar U|»ori his hte nud deaih| which will 
depeud upAO y#ur t erdio. 



S90J 



9 GEORGE I. 



1 think you oup^hl to cmsiidir of that, and 
that 1 lio[>e will iniluc« you to coosiiJer »uii 
^I'djfb wirll the t:vi<ketice, and not to tied the 
prkutier Guiltv« itotess you are satisfied he is so. 

It i^ true, (icre i» the life of a tuan iti the 
Cftse; but tt un vou must consider hkewise the 
misery auil litfsnlutionithe btooii and cotitiitiian) 
that uiutit have happened it' this hail taken ef- 
fect, and put one utr^iiist the other ; and [ be- 
lieve thai consideriitiun, m hich is on the behatf 
of the kin(j, will be much the strong^est. 

These tilings are proper to be considered, in 
©rder to prepare you lo be careful iu ejiamiuiu^ 
and weighing the evidence well ; hut in ^ivirii; 
your verdict I hope you will lay ibeoa all aside ; 
you will coasider the weight or the evidence on 
either side, and the credit of the two wllnessf !i, 
and how fiLr'ihey tre supported by a writins^ 
uuder his own hand, a contessioo at the couo* 
eil'tiible; consider hotv tkr that will support 
their evidence, though not men of the dearest 
reputation. 

A cypher balh been taken Dotice of, by 
H'hich were explained several nainea that suen 
and such persons and thiugfs ^vere to he called 
by ; there was the uaoie of Atkins, ubicb wut 
to signify the Pretender ; there was another 
natue for the Pret4.>tider, aud that was8L John ; 
and oonformable to these names they have 
read several letters, by which it appears th;tt a 
treasonable corres(fondeuce was cuirrieil on hy 
]llr« Layer. This is the circumstance of the 
evidence that hath been laid before you. Cou- 
mder this evidence, and the objections ih at havf: 
been made to it^ and how far those objections 
have been answered. 

Discharge tiie part of boneat men^ consider 
mnd weigh well the evidence. 

Upon the whole matter , if you do heUeve 
hat there was an overt act of treason in the 
county of Essex, and that it was proved by Mr. 
Lynch, and confiruied by tlie confession of Mr. 
Layer ; and if there be any overt act in ano- 
ther county, as his listing or employing^ any to 
list or engage men in the service of the l^re- 
t«nd*rr» then you nill 6ad the prisoner Guilty.* 

If you are not satis5ed these things are true, 
h«n youll acquit him. 

The Jury withdrew for about half an hour, 

► consider of their verdict, and when they rc- 

Eturncd into court, were called over by the 

'^lerk of the Crown, and answered to their 

riMmes. 

CL of the Cr, Gentlemen of the jury, are 
nu agreed on your verdict ? — Jury. Yes. 

CL of the Cr. Who shall say for you ? 

Jury. Our foreman. 

CL of the Cr, Christopher Layer^ hold up 
roiir hand, (Which he did.) You of the jury 

ok upon the prisoner. How say you ? Is 
kChristopher Layer Guilty of high treason 
l%vhereof he stands indicted, or Not Guilty ? 

Jury. Guilty* 

CL cf the Cr, What goods and chattels, 

* See the note io p. 292, 



yial of ChriUtfher Lfif/tff ([3 

lands and tenements had he at the time of tH 
said high treason eommittcd, or at any 
since, to your knowledge ? — Jury, None. 

CL of the Cr, Hearken to your verdtcl,as 
iiie Court bus recorde<l it. Vou nmy tbatChrts* 
topher Layer is Guilty of the bigb 
VI hereof he stands indicted; and yoit 
had m* iir^ods nor chattels^ lands nor 1 
at the time of the said high treason oi>n 
or at «ftny time since, to your knowte 
so you say all. 

Mt. Grn. We pray a rule may be made la 
brintr up (he prisoner to receive senteuc 

J ust. Eyre, He must have lour daya I 
in arrest uf judgfrncnt. Lift there be a 
bring him again ujion Thursday next. 

Then the Prisoner was remanded back lo t 

Tower. 

November 27, 1722. 

Christopher I^ayer, esq. was brought lo I 
bar olthe Court of Iking's-bencl]^ in order 4 
receive sentence, ^ 

Att, Gen, My lord, the prisoner at ibel 
stands convicted of high tiea)§on ; 1 prai 
lordship's judgment against him for the I 

CL of the Cr. Christopher Layer, boldl 
ihy hand. (Which he did.) Thou hasi I 
iniUcted for high treason, fur compassing 
imagining the death of the kiog^ and thereti|i 
been arraigned ; and tltercumo hast pie 
Not Guilty, and for ihy trial put thyself up 
God and thy country, which country halb f 
ihee Guilty ; what can'st thou now say 
thyself H hy the Court should not give jik 
ment uf death a|^ainst ihee according to law I 

Mr. Hungcrford. Is it your lordship'a | ' 
sure to give any directjims touching the i 
of the pruioner^s being iu irons? 1 hope ya 
lordjihip will order them to be taken oiF, at )e 
during his attendance here. 

L.*C* J, I don*t know, there is none of I 
cases that have been, wliich go further ibi 
during the time of his trial ; his trial is over^j 
he hath any thing to offer to the Court, 
thinks he may not be able to do it so well ir 
he is under these irons, 1 would recommend 
to Mr. Attorney, not to make a precedtsot of | 
that bt^ irons may be taken off. 

PriMoner, Ye-s, my lord, I have a great d« 
to say, which 1 shall offer in arrest of ju ' 
ment. 

ftlr. Hungerford, He bath complained j 
he hath lieeii here, that he is in great (laiiiy i 
the position be aiands with his irons. 

X. C> J. C/Ome, brother Pengelly, have l 
any thiug to object against his irona 
taken off, or do you consent lo it P 

Serj, Pengelly, My lord, we dooU oppose I 

Then the irons were taktn off. 

Serj. Pengelly, My lord, the prisoner ( 
the bar, Mr. Laypr, after a long and a fair in" 
hflth been found guilty of high treason ; 
on bfhalf of the king, we pray the judgn 
of I he Court against the prisoner. 

Mr. Hungerfbrd* By your lordahip^s odnl* 




fir High Treason* 

imce^ 1 am counsel for the prisoner at the 
bir ; J lia?e, and 1 hope Khali cuuiinue to do 
Aral what aert ic« I can : the prisoner^^ h^e ih 
itifidCie^ and 1 hope 1 shall not he supposed lo 
W Inaolileiome^ if I desire a record to be read, 
wliieb hatli not beeD yet read tn court ; it is 
teVftiire, aod that beinfi^ part of the record, 
J are pruper tn hare it read.* 
FtngtUif, We appreheod it is such a 
•a baa i>ever been made : if they have 
tons to any part of the proceedings, 
itioas to take, they are at hberty to 
and to state their objections, that 
'ArGbsrV if necessary, may refer lo the re- 
Mf^ Id see whether they are just or no ; but 
la caoie axid desire the process to be laid before 
ibi Court for the intbrmatioo of the prisoner 
md bk iroonael, it never hath been done: they 
tit fittitl«(l now to ofi'er aoy thingi if they can, 
to arrrst of judgment. 

Ait. Gen. Jf what they desire should be 
mtWA^ it would be a precedent which mt$;ht 
It aC very ill consec^uence, and I apprehend 
" I bey desire, is directly contrary to law ; 
are no authorities that the prisoner should 
iMive copies of the process, or that the 
ft^outd be read to nim^ only to enable 
to ftad a liiult. I behe>e no ia stance can 
Wftrcfi wlijiiiioever, that it was e?er allowed 
im a ca^e of this n^iture ; if it be done now, nt 
be a precedent for the future. The act of 
went as far tn wns thought proper, 
Ci|ps«cf tlieindicttDent and copies of the names 
w lilt jury are directed to he delivered to the 
; hm as to any of the process, the act 
DO «tirection, and therefore as what they 
It neithrr founded on law, nor precedent, 
«# ll«pe ft nhall not be granted. 

SpL Gen. My lord, Mr. Ilungerford has 
Wan flYoaed, in the course of this case, fre* 
Mefitly to put us in nitnd, as he does now, 
Mt wTiat he has insisted on was iit favour of 
1th. Tbat is a movinfr arjgfunient ; but it proves 
Botbiog, save that the prisoner ou^ht to have 
ilf Itie indulgence which the law and (he set- 
ihi fomiH of proceeilin;; do allow ; hut I ap* 
il ia ft reason for no more. What is 
I of more constqtience than appears in 
ular caae ; and whatsoever your lord- 
A^tloUi now, will be made a precedent for the 

^ brd, before the act of partiament, which 
' tbe prisoner co have a copy nf his in- 
and of the pannel of the jury, it 
certain, he wfui not entitled to bare 
iBi copies. Before that law was made, he 
M informed of nothinj< hut by having: *^« >"- 
lktnK*nt read to him in court upon his arraign- 
lieai, and that not barely to give him an op- 
forlunity of tttkin^ exceptions to it, hut fr'im 
tbc iicic«a»i(y of the thiiij?, Iiecause it wa** the 
itoiTfi tn which he was in answer. Then 
tnmm the act of pnrliainenl, the 7th year of 
liqi^ WiUiam* and allows the prisoner a copy 
af bia iodictiueut, and of the paniiel of hi^^jury. 



A. a im. 



[30f 



r £a9l'aFL of tbe Croiruj c. «, § 50. 



But the legislature, when they had these mat- 
ters under their consideration, and >eem to hafe 
intended to g^ve at least all the indulgence, 
consistent with reason » lo prisoners in cases of 
hi^h- treason, even at that time they went no 
further, and did not think fit to direct that ti> 
be done^ which is now desired on the behalf nf 
this gentleman. Therefore this molion of Mr, 
Hung^erford^s must be understood to he made 
at comniOD law ; but I must beg leave to rely 
upon it, until some precedent is produced on 
the other side, that there is no instance what- 
soever, either before or since the act o( parlia- 
ment, wherein any record of tbe proceedinga 
hath been read to the prisoner besides the in- 
dictment. This is a consjideraiion merely of 
practice and regularity ; and in a poiut ot thai 
kind, where there is no prece<ieot^ 1 hope yoiir 
Jord^hlp will not make one. 

Serj. Cheshire, My lord, the carria^ and 
behaviour of the kioj>*^ coimsel towards the pri- 
soner hath been so fair and candid, that it de« 
serves thanks from him, rather than complaint ; 
and 1 believe this temper will hold on to the 
lafit: but, my lord, v^e have no authority to 
give up the right of the crown, or to fix that 
on the crown, to grant which the prisoner hatti 
no right to demand. 

My lord, it roust be admitted, that this is a 
demand made at common taw ; and if it be a 
demand of right, I don't know but it may go 
to every thing in an equal degree ; that he hath 
the same right to demand a sight of the Com* 
mission. Certiorari, lScc. f don't know but ha 
hath the same right to enquire into every step 
that is upon record in this case. The officera 
concerned, I dure sav, have doue their duty* 
There is nothing ot law, but what cornea la 
upon the statute of king William j that he hath 
had the heneht of to the full extent of it ; he 
hath had a copy of the pannel of the jury j he 
halli had a copy of the mdictment, and in such 
time as was proper for him to make due use of 
il; and this they ask now, we^appreheml, if 
only to lengthen out lime, and to introduce that 
which may be greatly inconvenient. We have 
very titlle reason of apprehending that it can 
be of any protil to him ; but for example sake, 
and asi he hath no right to it, we cannot come 
into a consent to it. Therefore we sub mil it 
to your lardi»hip^s consideration, from the in* 
convenience that may ensue from the prece- 
dent, whethiT the prisoner hath any right la 
make this demand ? 

Mr. Hunger ford. I acknowledge that be- 
fore the 7 th ofkiog William, the prisoner wa» 
not entitled to have a copy of his indictment, 
and therefore I so far concur with the gentle- 
men of the other side, that we are not tnlitkii 
to a copy of the rcconl of the Venire Facias. 
But what I humbly pray now, is, what 1 ap- 
prehend we were entitled to Jiefore the act of 
parUament for regulating trials ui cases of high 
treasotj. The in*(tances are several, where iti 
the ciMirseof a iriat for hijfh-ireason before lliat 
act, which gave the prisoner several new ud- 
raiitages, the prlsi^tier bavVi <k^4t^ V\vk 'vcv^v&v 



903] ^ 9 GEORGE I. 

iDcnt to be md, and the Coort Deror denied 
h; to have any other part of the record to 
be read, Mems to be as reasonable at the 
indictmeift. The objection had been 8tron(per, 
if we had desired for the prieimer at the bar 
the copy of the Venire ; tlieie we thould ha?e 
been jiMly toM, ibat we h%il been entitled 
to uothinK^' but what the act of parliament bad 
directeil, f iz. the onpy of the inoictment. We 
pmyacupy of nothing', but only pmy that a 
am<ill |Min of the record that makes up the 
wlidle reciird of this ireutleman's conviction, 
miiy be read. And this, with subnisoiun, wt 
hope we are entitled to have for the same 
reaiMin as the indictment was read before the 
act. (?oionel Siilney desired th^t his indict- 
ment should be reailj and it was so. And can 
any reason be assigned, why the Venire, which 
is but a part of the record, should not be read 
as well as the indictment? No one part of the 
record of conviction is more sacred than the 
other ; and why therefore should not one part 
be read as well as the other ? 

Serj. Fengelly. Can yon shew any case 
where the indictment was read upon the prayer 
of the prisoner, after conviction, and before 
aome exception taken V 

JL. C. J. We would be far from refusing any 
indulgence to the prisoner that by law we are 
warranted to grant him ; what you ask now, 
you must own is without any precedent what- 
soever. You know, that berore the act of par- 
liament, yon were not entitled to, nor could 
demand a copy of the indictment : It ■ very 
true what yon say before the art of parIia-> 
ment ; when it bath been desired by the pri- 
soner the indictment hath been read, and that 
method of proceedinsjf having been allowed, 
gave him a right to demand it; but yon can- 
not produce any one instance that ever he de- 
manded this that now you offer ; that ever he 
demanded the Venire should be produced and 
lead to him. 

Consider how strict the law was in cases of 
bieh-treaoon; tee the Act of Kights: The 
course of the Court is the law ; this whidi yon 
now desire was never so much as asked for, 
nor did this Court ever grant it ; and if so, bow 
can the Court be warranted to grant that which 
was never granted, nor was ever desired to be 
granted ? The reason of it is, that every body 
was satisfied by law it could not be granted. 

You have instanced in cases of great per- 
sons, colonel Sidney, lord llussel, and otners 
tfast have been attainted of high -treason, who 
could not want atlvice to desire any thing that 
was proper, or that they had a rigiii to demand. 
Neither they nor any of the greatest quality 
that have had tlie misfortune of bein^ tried for 
an offence of this nature, ever demanded it; 
which is an admisMon that they \rere not en- 
titled to it; and if tlie oiurseof the Court be 
so, we roust not estabUsb a new course ; we 
oan't see what the consequences may be. 

Just. Eyre. The case of rea«liug the indict- 
ment to a prisoner ia certainly very dafferent, 
•Bd GtD ba M aullMri^ to n fiMit uw rpadiaf 



Trial afChriskpher Layer^ 



[301 



of the Venire ; for the indictment is tho charge 
to which the prisoner is obliged to plead, and 
he must know bischaige before he can giw 
it an answer : Deeides, the merit and joatiee of 
the case depend entirely upon the indMlmeBl« 
which must be read, in order to andentand Ito 
true state of the question, and to see the Act W 
which the witnesses are to be examined, h ia 
therefore absolutely necesaaryy that tbc indin- 
ment should be resd ; but none of thean ffia>* 
sons will serve for resding the Venire, wMcb ia 
only to summon the jury, and bring tbeastatiM 
bar : and therefore as it was never done, no# 



ever asked before, I can by nfv me 
fit for us to albw it now. 

Just. Powyt, 1 think it is a perfect 
wliat you demand, snd not only so, bvl in iiv 
consequences very dangerous : For, properly 
speaking, the common iuage to move in armt 
of judgment hath been out of the indictment} 
but to run back to those things, which if yon 
had a right to demand, it had been proper M 
have done it befor^; and since yon have aiinf 
times known tliat nothing but the indicHMI 
hath been read, since the jndffes were nWit 
moved, nor any thing of this kind dCML an! 
nothing in the worlil hath been demaiMM Iftt 
it: if It should be granted at this time, 
men are to receive judgment, and exee 
are to be takfn to the indictment, if they i 
run back to all the proceedings, it wonid bn ft 
thing of strange consequence. But bcniit 
that, it is a ihmg yon have no csamule fbr^H 
hath been never done ; and it hath been MM 



served, that nothing hut the copy of the n 
ment hstb been read before this act of pvHaf' 
ment of king William. Now there are tw# 
thui^ given by this act of pariiameot of king 
William ; tbe prisoner is to have the copy di - 
his indictment five days ; tbe copy of the panJ 
nel of the jury two ibys before bis trial ; anff 
these were proposed as advantages wliioli Ihft 
common law did not admit : Shall we come Id 
unravel all the matters preceding ? It wonii 
be a matter of strange consequence, and wbtf 
we can't do or warrant by law : If yon haft 
any thing to move out of tbe indictment, wn 
are ready to bear it. 

Just. ¥artcscu€ Aland, This is perfced^ , 
new, or else in favour of life 1 sbonM be ready 
to grant it : The true reason of having the in*' '-^ 
dictment read is, that the prisoner may know 
what his charge is, in onler to make his DKa* * 
fence at his trial ; but that reason holds net ia -' 
this case, which is after convictk>n ; and what ^^ 
is asked now is not relatiTe to bis charge, ^ .^ 
concerns the acts of the Court only. Tbt 7! 
Court will assist in matters of law, when thOT '^ 
appear, but will never assist the prisoner wA 
facts, in order to make nointa of law; ani 
thereifore it has been denied the prisoner to tahi ' 
minutes even of the indictment ; and for tki 
same reason counsel has ever been denied, ift 
all capital cases, before ilie late act of paiw 
ment, unless a disputable point of law did mm 
and appear. 
• Ynu nnro thb mntler as a mtlim f(K^i 




Ifrisontr 



Jor High Treason. 

r; mtid as siicti It will extend to &H 
I of mart]t;r, and other ca|iitsl coses, 
I ttftjf be <*f ^ery txl\ consequt^ncc*. It 
I httmry •trance to have all ibe proceed- 
■ iotnctmeiits read to the prisuner ; and 
I m m* nmch reason to caU for all as for 
iVrfiirt: Facius: I take it clearly there never 
m m ciase^i n^berfi the acts and jirocecflinga of 
B Oo«irt hate beeo called for in be read to the 
t« aQtl for no other purpo^se but to make 
It 19 a thing U)nt is entirdy uew^ 
[{urQcey ttmy be i«ry fatal, and there- 
■r I Ihmk it an unreasooable molioD^ aad 
Mfk D«t to be granted. 

JJ/ ford, I assure your lordship I 

iy ii< uf of an affectation of novelty, 

m/Ukft hU'aW i persist iu urging il forlher, since 
the Court hath given their opiniou ; but I 
tfiBii^til (he reason of the thing, iu reading the 
Mcaoetit before the act of parliament, was 
«ci ifit' ; l>ut since it iii your lordship's opinion 
iliiU i* otherwise, 1 desire your lordship to 
^ leave to go on* 
€r, 1 lie^f leave to say hut a short word 
V' ** ' 'taction that hath been made 
I If I takeihelhing:rif^hl, 

pQimt lliv^ i ^.... c may be read, to see if it is 
pni{crlY issued « and 1 hope ihus fsr it ^hnll be 
gvioleo, to shew a reason i^ by this Venire is 
ftlsrpeil otk one dAy, auil the jnry appear on 
iftotber; and it duth np]iear that there m an 
WTTor ID the proceedings on the foot of the Ve- 
I hiititMv hope I shall ha^^e the beuefit of 
iron, 1 take it, intist be ihis ; the 
It, 19 returnable the I'Jth of the 
of >o¥Lmbcr, 1 wan not tried till the 
therefore, what I humbly ofler is, whe- 
tficr vr no I »fter the return of the writ, this is a 
] ooof euiojcr of the jury together to try me 
I IT- * ■■ ^ '^ there was no such writ in bein^", 
when the proceedings against 
'»r'*|^ where the returns in the 
IS in the Common Pleas; 
J f.iy counsel to say the rest, 
hope, that I shall have leave to 
he Venire, and if it come out so, I 
I h in erroaeotis, and that judgmeDt shall be 
4ed. 

Ir* Hungfrford, The geotleroaD hath given 
ce to some of roy thoufjhts ; ami not by 
aringf of notes, for ! have not seen his 
, DL»r lirard frora him since 1 saw him here 
mt. s trial. 

1u. occurs to me on this occasion, 

lal 1 CUT) but ^uess at some part of the fact, is, 
JIbkrii, that the Venire bear* teste the last 
[ 4^ of October, aad is returned the 19th of 
KMiinbcr^ they are slated return days of the 
W ( aed, my lord, if a man appears in a cbort 
sf/iisttce im<i day, and he is not by the coarse 
of prttcced«ng iiuUil're<l wttti a further day of 
app^Kn^j there Is a discontinuance of the pro- 
ften, ftod the man is out of court. The dtille^ 
mitikys the law takes notice of for this pur- 
— '**?soig'n day, the day of exceptions, 
arapce, the ' quarto die pmt ;' 



A. D. IY22, [308 

I take the ' quarto die post' to be an itsdutirence 
which a conn of justice >five« tn a suitor to ap* 
pear at a further day, w hen he oug;ht to have 
appeared at a former day ; and this is the priu> 
tice in real actions in the Court uf Comiuoa 
Pleas. As to I he exieption day, the uie ^ 
that is, that a man that is summoned may ob* 
ject to the summons, as not being a tit and re> 
gular sumrnoos to draw htm in contempt. 

But, my lord, in cases of juries, who are not 
suitors in court, 1 take the law and the practice 
to be, that they are ohlig-ed to attend upon thd 
process of the Court ; 1 take it, they must do 
duty on the return of the Venire, %vhich iu this 
ease, is on Mondav the 19th of Noveoiht+r, aud 
did not ap^iear till Weduesdo)' the *2l!it ; so 
that if they were to appear on Monday the 
19th of November, and did not apjiear then^ 
there must appear some act of the Court, by 
which they are iodult^ed to a further day : and 
I put it upon Mr. Harcourt to shew, whether 
there is any indulgence of the Court entered 
upon record for the continuing of the jury tilt 
Wednesday following, and if there is uoi, ihere 
is then a discontinuance of their being in this 
court, and consequently the proceedings are 
irreiTuIar, and the trial a niis-trial: I shall 
quote rmme authorities vvliich ju^tify this oh- 
servation ; when a man by a process of court 
appears on the day of the return of that pro- 
cess, unless there be a cfintinunnce of that pro* 
cess, that * ulterior dies datus est' to the party, 
or a subsequent process issues that day, the 
law deems that chasm in the proceedings to be 
a diKConti nuance, and that the parly is out of 
court. It was so resolved in Yelvcrton, 204; 
and ^d Coke, 284* It is the case of Bradley 
and Banks ; aud f eported in both hooks, btil 
most fully in Yelvertou. There IH an autho* 
rity which weighs witfi me sororthing more, 
nod seems to be a case in point ; ft is the case 
of Pejdow and llowley, t\\ of Croke, 36T, and 
there the case is on a Writ of Error brought 
upon proceedings in the court of Shrews- 
bury, where the usage was, to hold plea m 
some real actions, and there was an entry that 
the parties did not appear on a precctlitig day, 
but made default: And the entry was* habuit 
' diem per default*' given to the party by tho 
C*ourt, * secundum consuetudinera villro proj- 
• dicta?,' This came before this court by n 
Writ of Error, and it was adj«d<re<l^ that lioth 
the entry and the custom were naught. The 
reason assigned why the entry was so, is, lor that 
the party having made default was out of court, 
and the Court could upon that process give htm 
no new day to appear. And the reason why 
the cuitom itself is uaut:^ht, is, for XhH therQ 
can be no custom to help that (which the hook 
calls) a discontinuance at common hw ; ior if 
the man be out of court, he can't he brought in 
til ere again by the same writ. 

My lord, if that be the case then, that th« 
jury were to appear on the 19ih, and there is 
no entry to couiiuue them till Wednesday the 
31*t, then by the authority of lUci^ lia&e^ vW^ 
had no call mx rigUv to a^yt^ , W\ vttst. ^^V %t 



307] 9 GEORGE L 

court, the trial was no legal trial, and conse- 
quently no trial at all. 

I am told, that the practice of all trials at 
bar is, that the Jury do appear here on the re- 
turn of the Venire, and immediately proceed to 
do business ; whv should it not lie so too in a 
criminal case, as this is P I think the reason 
in both cases is the same: 1 humbly hope 
therefore, my lord, that if the fact be as I ha?e 
represented, that there is no entry to continue 
ofer the attendance of the jury from Monday 
to Wednesday, there is a blemish in this pro- 
ceeding; and you can't proceed to judgment 
•gainst the prisoner at the bar. 

Air. KeUlbey. If your lordship will favour 
mc 

£. C. /. You shall be fully beard ; but be- 
cause BIr. llungerford hath appealed to Mr. 
Harcoort, I shall ask Mr. Ilurcourt this ques- 
tion about the matter of the Venire. 

Mr. Harcourt. 1 shall be very tender in this 
matter, where the life of the prisoner is at 
stake, as BIr. HunQrerford has observed, and 
will not say any tliioj? but what I am sure is 
the course of the Court. If a Venire be re- 
turnable the first general return of the term, 
the appearance-day uf tlie jury is the * quarto 

* die post,' which is the first day of the term. 
If the Court be not pleased to try the prisoner 
then, they may adjourn the jury over to any 
day before the ne^t return in the term ; but no 
entry is ever made on record of such adjourn- 
ment, and the proceedings arc always entered 
on record to be at tiie return of the writ. In 
all other returns in the term, there is the same 
course observed : The jury is never obliged to 
appear before the * quarto die post ;' nor can 
the prisoner be tried sooner. What makes 
this clear is, to consider the proceedings on 
Distringas, where the prisoner is not tri^ on 
the Venire : In sudi cases the Distringas is 
never te&ted on the return-day, but the *• quarto 

* die post;' which, if what is insisted on by the 
prisoner's counsel is law, would make a discon- 
tinuance, and that has always been held otiier- 
wise ; fur till there has lieen a default of the 
jury's appearing on the Venire, no Distringas 
can issue, and no default can be objected to the 
jury fur not appearing till the * quarto die post ;' 
iior are they anierciable sooner for not appear- 
ing. This matter was settled on great delibe- 
ration by my lord chief justice Holt; and, I 
%m confident, has been ever since so practised. 

Mr. Ketelbcy, My lord, it was my misfor- 
tune not to get into court sooner ; so that 1 did 
not hear the first ajijiiication Mr. Hunfjferfurd 
Oiade to vour lordship on behalf of the prisinier, 
«ior shall I presume to break in upon what 
your lordship has already determined ; hut 
whether or not we are entitled to see tlie Vc- 
oire, or hear that part of tlie record read, I 
bope we shall be able to make out, that there 
has lieen a mis-trial in this case. The Venire, 
it is agreed on all hanils, was returnable octabb 
Martini, wluch was Monday the 19th of No- 
vember. That the prisoner was not tried till 
tiie 81s^ is aott certain. The geoonl 



Trial of ChrUtoflier Layer ^ [ 

was octabis Martini, and he wai not trie 
two days after ; and notwithstanding what 
Harcourt bath said, I must beg leave hoi 
to insist, that there hatli been m nui-tritl^ 
judgment ought to be arrested ; end ftr di 
have as strong an authority as env thaici 
cited in this court, 'tis the trial of Rookm 
and for the greater certainty, I have bra 
the book along witli me, and have it is 
band ; where it is agreed by the Court, 
all the king's counsel, that the trial mu 
on the day of the return of the Venire, oi 
that it would be error : and my lord chief 
tice Holt declared, the issue could not be 
afler the day of the return : this matter ( 
before the Court upon an exception take 
sir Bartholomew Shower. 

Just. Ejfre, That was on a coromissia 
Oyer and Terminer, which was quite diflfei 
there is no < quarto die post' there, no di 
appearance, but the day of the retuni el 
wnt. 

L, C. J. It must be so, because there i 
such thing as a * quarto die post' in commii 
of Oyer and Terminer. 

Mr. KetcWty, I submit it to your lords 
whether there is any * quarto die post' 
Venire ? 

L, C. J. It is always so. 

Just. Eyre. You know we had the < 
sideration of tliis when we appointed the tr 

Mr. Kclelbey, I l>eg leave to offer one w 
that, in case of a Venire, there is no *qo 
die ]>ost,' because there is no essoign, 00 
ception-day for the jury. The'authorit 
first ItolPs Abridgment, 822, Placit. 4 an 
is express, that in a Venire Facias, or a S 
Facias,' there is no essoign: and where th( 
no ciisoign, there can be no day of excep 
because the exception' depends on the ets 
day, and consequently the day of the re 
and of the appearance must be the same, 
case uf essoign, exception, return, and ap{ 
ance-days, concerns only original writs, 
the plaintifis and defendants therein; the 
the defendant appears the ■ quarto die p 
his appearance sfiail be accepted as good, 
no further process made against him. 
whoever heard that a jury were essoigi 
There are several oiher authorities for 
Dalton, 415. 2d. Itistit. 125 6c ii3 H. 6, 
that no essoign lies upon a Venire Facial • 
the essoign was quashed. 

JL. C, J. This you now oflfer will seta»i 
the proceedings either on the plea side, « 
crown side. 

Mr. Kctelhey, There is a case repov 
the Year- liuuk, Mich. 33 Henry 6, fol. : 
and ahriilged in lirooke, title Nisi Priu^ 
It was disputed by the judges of tU^ 
and at first there was a difference o€* 
among them ; but at last it was unsav^ 
resolved, that the Nisi Priut waanot ^^ 
1 will state the case at it >pny« ii^ ^ 
book and the abridsBMBt- V 
of NiMFriaii 



ithij i Kiop 



Jhr High Treason 

the interral tjetwcen the 'f]tiarto die 

nd tbe retiirn oi' the writ* This wns 

I to, utid snid lo be a mis atrial ; ^nil af* 

llie jodg^es a {freed in their ojnnion, 

a mis tnatt bpcaus^ it was not ypoD 

lay of the writ of Nisi Pnus; und 

ibat day, tbe trial oug^ht tuA to 

I at alL And I don^t a(iprelieiitl any 

brtween that case and this, but only 

ttti Nisi Frius, and this a trial in bank. 

ti<» couti nuance lies on a Venire Fa- 

i ir so, I sbalt subniit it, whether there 

/day of appearance. 

Jiit, kxfrt. Sure there b a day of appear- 

Me#n lUe Venire Facias; the prncet^dintr^ in 

llui 0a«e are like those upon an orij^inal. The 

MBe day which i^ tbe day uf appearance for 

'' ffiarty apon an original i^ the ilay of ap> 

»n< . ' jury upon a Venire, 

I believe it will he hard for 
arco un to shew where there is an essat^ 
\ fenire Facias. 

, J, We have heard already what Mr. 
art hath said, 1 desire Mr*^ Simmonds 
/orm you how it is on the civil side. 
VSimmondi. Our proceijs w hrre the suit 
Iftieoced hy l)i)l, is returned an a day cei- 
Ita court ; that d^tb uot respect this case. 
t, C. X How in it when it is by orifFioal? 

Where it is by original, it is 

)le as tbe process is id the 

ou Pku^ ; and tbe day of the appearance 

fjury, I lake to be tbe * quarto die post,' 

9^Jiarcmtrt. 1 f ibis was I'l bf adiscimti- 

ttce, wbal will become of all the records 

rre ibe proceedings are at {general returns, 

fbich ure trieil o» the Distringas, which 

rs hears trste the * quarto ilie |>ost* alter 

I rrium of the Venire f Every one of these 

rtiicb are many e? ery teru), would be 

ntioneil, 

Z, X You can't but be sensible that 
I is oolhint; in this eveeptioQ, 
rj. Pengeilt/. There is no Ibundation for 
I practice. 
LCrJ. You need not labour it. 

'f. The sheriff^ or the jury, are 

ilioucrh tliey did not appear on 

gt the return, if the jtiry do appear 

he < quarto die post ;* that shews it 

Gcfi. n this olijeclion prevails^ it Mill 
luni all the srttlrd course of trials at bar* 
n*imir. Unethiu|( I woulil hunnbly offer 
uiT lordship, I have not bad my hooks by 
^Ifllt only what occurs to my memory, [ 
a ba to exact as I ought lo be. This overt- 
_j Easex of treason found by the jury to 
llfo, 1 humbly apprehend, and 1 ofler it to 
fttv lordship's J udg:nnent, in law is no overt- 
4ct jitalL \ II tbe reason, I shall humbly offer to 
|our tordiibip, that tbougfb it hath been said, 
tkat there \»a5 a consulting: and a^eeing in 
r to levy war, yet it doth not appear that 
Ilie levietl wus such a war as m the law 
t to be treason, My lord, this diflers 
^tevyiii^ war itself. An intention and 
atioa> or a conspiracy barely to IcTy 



X 



A. D. nn. [310 

war, unless war be levied, it is no trea^Ktu. If 
I it be a consultation to levy war against the 
king*s person, in imprison tbe king, to tie* 
1 throne ami murder him, it ever bath been ad- 
judgred to be treason. If it be only a considt* 
ing- to levy war, as if to a|;^ree to break open 
met'lini; bouses, lo throw do«n huu^ips, wat 
the same as iloingorii. There must be a war 
that is levied, or tlse it is no treason, Not ut\\y 
that, but I beg leave to say one word more. In 
ray case, all the evidence given in rvspect of 
this ofeil'urt in B^»se3c, there ya no fouudaiion 
I liii' it; and tf thtMu is no ov^rt act in Et»sex, no 
overt' act elsewhere can affect me. It standi 
on the evidence only of Mr. Lynch: he »alka 
of a declaration. Who read ii? The only two 
things are, a discourse between us, and a de- 
claration which I crave him to read* If that, 
as I humbly submit it, be an act of treason, it 
is carrying the mailer further than it bath been 
in tl)os,e few cases I beg leave to mention that 
just occur lo mv memory. If 1 stule them 
wrong, I shall be sorry. The case of Col- 
lege tbe Oxford joiner.* It was asked tha 
Court, do you take my words distinct from my 
actions? No, says the Court, we do not do so. 
You declaretl you would go down to Oxford, 
and assassinate the king*s person. In order 
lo that, you went ilown wiili pistols before 
you. That at thnt time was declared to be an 
overtact; ihe going down to Oxford in that 
I manner ; and tbe Court seemed to rely tipoo 
j it, lis the overt-act of lUe treason, and not the 
talking bere^ or conspiring thnt be would as- 
sashiuale (he king, hut the going down io a 
hostile mauoer. So likewise in the case ol' my 
lord Preston ; there I he question was, whether 
those letters that were found with him in the 
I ship; whether lliat was an overt-act of trea- 
sou ? The judges seemed to be of opinion, that 
I the taking those letters wilb biui as he was 
^ going to France, and there to consult the stir- 
ring up an insurrection here, and to invite the 
French king to invade us, was an uvert-act of 
treason. But there is a stronger case, the 
case of my lord Russel.f He was indicted, 
as I am, for compassing and imagining tba 
death of tbe king. The overt act laid in the 
indictment to mantfest that inteniiou, was, thai 
be, with the re^t of the conspirators, consulted 
lo seize upon the king's guards : in pursuance 
10 that discourse and conspiracy which they 
had bad, it appeared that sir 'riiomas Arm- 
strong was sent to take a view of the guards 
in order to carry on the design. Notwith- 
standing there was a pursuing of their design 
of seizing the king^s guards, in sending sir 
Thomas Armstrong to view them, yet the case 
was thought so very hard io respect to my 
lord Bussel, that his attainder was reversed by 
an act of parliament. Therefore I only argue, 
with great submis)«inn, that ii} my case, where 
Dotliiog is ilone but accidentally calling io at 
the Greeo Man, staying a little while there, 

♦ Vol. 8, p. 550, of Ibis CollcctioD. 
t Vol. 9i p^ -^T8, of ijus Colledion. 



311] 9 GEORGE L 

aod, as bath been sworn, here iras nothing 
but a noere discourse, and then I ga?e him a 
declaration to read. If I did so, it was only 
words. As to the second, it was oothinflf but 
pulilittUiiijr a libel. And shall this be a ibun* 
dation to deprive me of my life and estate, to 
the utter ruin of myself and family P It is an 
nnprecedented things, hath it ever been P There- 
fore 1 hope your lordship, before you ^ive 
any judgrment in this matter, will take it mto 
your consideration, whether any thin^ done in 
Essex doth amount to an Ofert-act of treason. 

Mr. Hungerford, My lord, 1 humbly hope, 
as it is my duly to do wtiat service 1 can to my 
client, and as it is in case of life, that I shall 
Itare your lordship's indulgence for a few 
word). My lord, he hath justly observed 

Serj. Pengellj/, My lord, I would not inter- 
rupt Mr. li'iyer, because it may be supposed 
he is not so well acquainted with the method 
of proceed ingf. But I hope I may take the 
liberty to interrupt his ciiunsel, u ho know by 
very gr^at experience the method of proceeif- 
ings, that they are not now to insist on the 
nature of the evidence, whether the evidence 
that hath been given is suilicient to maintain 
the indictment ; that is not tfa| business of this 
day. If they have any thinjfto offer, any ob- 
jections to make in arrest of judgment, that is 
the business of the day : but to arraign the 
proceeding^ upon the trial, as it is said that the 
evidence given did not amount to a consultation, 
or to prove any overt act of the treason alleged, 
I flon't apprehend it to be proper at this time : 
1 did not interrupt the prisoner himself; but 1 
hope his counsel, who know the method of 
proceefling belter, in cases of hiurh-trca*fon, 
shall not be |iermitt^ to go on in that manuer. 
• Att, Gen, The gentlemen that are counsel 
for the prisoner know very well, that the evi- 
dence given or» the trial is not now before your 
lenlsliip ; the single question that can now be 
made is, whether the indictment is good, and 
the facts charged and found by the jury, are 
well laid, and do amount to sufficient overt- 
acts of fhc hi^h-treason, of which the prisoner 
■tand!« indicted ? Mr. Laver hath been giving 
an account of tlie witnesses, and making ubser- 
Tations on the things which they swore ; he 
was borne with : hut the gentlemen that are his 
counsel, seem to be opening in the same manner, 
but as to them, we must insist upon it, that 
they should be conHned to what is proper, and 
apply themselves te move in arrest of ju(l&(- 
ment, if they can find any thing u|)on the face 
of the record of which they can take advan- 
. tagc. But 1 think they are not entitled to ^o 
on with observations upon the evidence in the 
manner they were he«^nning. 

Mr. Ilungerfbtd. 1 assure your lordship 1 
did i!Ot dt'si^^n it, 1 did not intend to recapi- 
tulate any part of the evitlence, or to observe 
upon it. AntI therefore there wati no occasion 
for the caution. I thank your lonlship fur the 
indutcfonce you i;ive nic,*nnd I will conform 
inj-se)f to the rnles the king's counsel pre- 
serJbe, olmetfe upon nothmg bat tbo reoord. 



Trial of Christopher Layer^ [SIS 

My lord, the indictment is in this nauMr % 
the s|>ecie8 of the treason laid to Uw elunf« 
of the prisoner, is the conapasMo; ^ «m1 mm- 
gining the death of the king. The fini omt« 
act of that treason, is, that he did ncct, cm* 
suit, conspire and agree to raise a ralnilin^ 
and a ' guerram' in the kingdom, whieh iiw 
overt- act of compassing and imaginiaf iIm 
death of the king. 

I know how the authorities hare beea; %al 
in the case of life, your lordship will give an 
leave to observe, that by the atateie of aft 
Edw. 3, compassing and imaginiog the t 
of the king 

X. C. J. Mr. Hungerford, we weoM 
you in any things that is proper, but i 
you are not offering a matter in arrcil of jad^ 
ment that hath been determined against yea a 
hundred times. Hath it not beeo eoaJauritg 
allowed as an overt act of treason in eomniM 
iiig and imagining the death of the king, vlhi 
parties did meet, consult and agree to levy «v9 
Hath it not been constantly agreed, and MkH 
not stand aflowed to be so ? Now to peranM 
us at this time to overthrow those molaIMM 
uken by our predecessors, is such athiny aiii 
not right. Do you think we will give a jai|g- 
ment contrary to what our learned pwdacBii 
sors have given in cases of the grcaleat bh»- 
ment? If 1 thought it was of any cffeoCTI 
should not grudge spending time to bear yeai 
hut you must agree, it hath been over-rnM d 
hundred times.* 

Just. Ei/re. It hath been settled a great 
many times, particularly in the case of Oorreli 
Gordon and Kerr, in which it was aigued over 
and ovrr a^i^ain, and the Court was of opimoa 
that the consulting ami agreeing to levy wari 
was un overt act of treason in compassing and 
imagining the death of the king, and gave 
judgment accordinsjly. 

Just. Fottesctie Aland. Mr. Ketelbey wai 
counsel for the prisoners in that case, which 
was in this Court in the 1st year of this kiag;^ 
when this objection was made ; and very wea* 
knows, that the Court u|K>n that occasion i 
that they oii<rht not to have suffered this i 
ter to be made a question, for that it was 
raigning the judgments of very many I 
judges. 

J ust. Powi/8. No one thing relating to I 
son is more settled ; and in that case, as I 
been mentioned, it wus agreed, and it wa« the 
judtifuient of all the judges that tried ihatcaost^ 

Mr. Hungerford. My lord, I bumUy 
hope 

Just. Eyre, It must not be admitted, wt 
unist not sntfer so plain a point to be disputed | 
it is not only mis- spending of time, but shalciag 

* As to this matter, see in this Collectiea 
the case of lord Preston and others, and «f 
Harding, vol. IS, p. 646, of Friend, vol. IS, p. I, 
of lord George Gordon, A. D. 178(),vf HardT,eDd 
of Home Tooke, a. d. 1794. 8ee also. ISast'f 
PI. Cr. chap. 2, s. 9 and the stat. 36 6. 9, «< 
Tt tad the other aathorities there cited. 



i 



for High Treason. 

Im* btrai e&tdbHdie4 by every trial, m 
\ any thing ui tliift kind has l)«>eu men- 
ly Iratn die case of the Regicides to tUii 



A, D. 1722. 



[314 



isttU Pomyt, In the caset of the Regicides, 

rs Are printed id Key ling. 

i^ C* /. And m all the trials ever siocc, there 

tme ca^ liath happened, where the 

been lor cunipassinf^ and imnirining 

€if the kiogf but that il hath been 

IMIvifi overt act, that the party churned, 

m OBiitU and a^ree lu levy «rar to bring bis 

mkAti ttiienuons i*} efTect, 

Mf* ilatn^ttjurd. There is no doubt^ but 
^mklbm Uej^tcidtJS were tbe worst ntid most 
MiPfMiis criminalH ibat were ever brought be* 
fiRftCoun I * ; and yei there is one 

lOtalan trials^ quoted in tbe very 

\nrA\ 111. Justice Powys raentions, 
Vfta never prncti«>pd beiore, anrl I nm 
orvur t' -- vir^r-x. . ^^,»t m, the juilges who 
to ir-v lals, and the kitifr's couti- 

b.* ^^ , t cute Ihfm, met and cou- 

n> form and fix the accusation, 
llfi; . 3 1 »ur jordship^f pleasure, 1 shall 

ifcak »f> iunher in that luaiif r* 

iU C. X You have tbe opinion of tbe Courts 

mi 1 «lare »ay it is your own opinion ; and as 

ibr cBabihrm^ are so po$iitive, it is uot for us to 

ftakr inf^tt:titient« at this day. 

II r. Jiungrrfifrd, i shall not press it any 

There is aoothrr thio^ arises upon 

overt act laid in the indictment, that is, 

vit ' " It scripluni,* .Hcc. I appre* 

i the * quoddnm ptcriptum^' 

b" '- ' ciuiird iu the iiiilictment. 

iOen tinned in eiliect, that it waa 
,>c to a rebellion and an insurrec- 

f, Ji.iJt'trUyrtl Vonr loriUhip wiU o]ii»erve, 

||! I the * scripTuiu ' are 

I iment; and by ilie 

I by uU the yHt\^e% of England in Dr. 

cira i'a«i% in «U aot^usativtit'^, whether 

■tioii %it itidtotmeiitf X\\e words fitpp- 

\ ciimiiial ou^ht to be ini»ertcd ; and 

P Uiat ia ti<it douf ui ibii Cii^^e, the overt act 

i virM laid, and lUe judgment ought to bt* 

, C, J. V*oo know, Mr* Ifuugeiford, if but 
ft act U well-bid and provedj it is suf< 

•*4 koow, I waa sorry you fori-ed me tf» 

' what I «%ould vtjllincty hnve forgot. 

rmber, on thai occasion, yo4i was pleaded 

npare it Ui n ballud, which U au ekpres- 

ksl oiisfht nol to be u«e<L lt> thai a things 

rntoiier is on trial for liia lifo, and a 
UiftUk rertion is intended agaiusi (he 
■ I re. I ted in so lu(iicr<»u«« a manner i^ 
i as «ri overt act of irc^ason, and wliul 
sOHi if a itiau^SpubUsliing 
I pxcitiog persons to a re- 
'>n agMiDMtUe king isi not P 
fliM bo: and ul^en we arc 

ipan tiM< rori'mhi iiion, to coin|»are it to a lial- 
tkl, umI My he might aa well publish a baJJ^d; 



and lay it as an ofert act of treason in tbe 

indictment: it is an expression that ought 
not to be used, aad I was very sorry you did 
use it. 

Ulr. Hitngerford. I am sure I did not ^y 
be might as well publish a ballad atid make it 
trea<)0n ; 1 have a greater dut^, and a mote 
tender regard to bis sacred majesty, and iba 
qnict of bis kingdom and people, than to ex** 
press myself so. What \ then observed, at 
near as I can recollect, was, that there were 
but few minutes to transact tlie business at th« 
Green Man ; that what was done could nol 
amount to the publishing of a declaration, when 
there was nothing done but a maa^s reading tt^ 
him»etf : I knew the whole accusatt«>n did turn 
upon that transaction at tbe Green Man ^ and 
ia service to my cht^nt, I thought it my busi* 
nesii to make it appear as inconsiderable as I 
could ; and if in this I bfive otfemled your lord* 
»hip» or the Court, 1 am heartily sorry for it^ 
and beg their pardon. 

M r. Kttribry. I f your lordship please to fa* 
four tne with a few words, 

I shttll be very lender of otTering to yoof 
lordship any thing on this itidictmenti whicb 
hath been over»rule<l in any of the cases wberd 
I have betn before concern td ; whether con* 
spiring to levy war, unWs war be actually le- 
vied, is an oiert $ict oi high treas^m, was men* 
Itooed on the trial ol' Dorrt- 1, Gortlon and KeiTi 
and I think took that among other ercepliont 
in arri*»t of judgmetit, which were not allowed ; 
but tfte statute ot 13 Eliz. cap. 1, was not at 
that lime meotjoue^l ; and I have some other 
matters. to offer ou that bead, it' it is now opeu 
to me. 

L C. /. Consider a little how yon treat the 
Court ; the objection bulb liein solemnly taken 
in this Court, argued aiwl ^idjudi.'ed by this 
Court, and now toy come to artwigo that judg* 
luent that vvas tliR'D given. 

Mr. Ki'Ulhfy. I shall go off from that, and 
say no more upon it, since your lordship is of 
opiuion that it is a point settle*!. Bui, nty 
loril, I must beg leave to take nottce of what 
Mr, Attorney haji oh-jervpd relating to i he five 
overt acts Itiid in ttic indirlment, and isubnuttd 
your lordship ; l<ir I d«tnH kooiv that it was 
ever dHermined otheiwi^p, bi»r that it' one rif 
the overt ftct& ap(>e4rs lo be bad, jmlgment must 
be arrested. 

i*. i\ J Ala-^i fjnile the contrary : | helieva 
you will tind at ItiH^^^ood'ft trtal^ which you 
have in your hand : therr il i }^aid, if one overt 
act bed, thf iudicinienl is go<N|, 

Mr. Kt'irfhry. If I am uot mistaken, in sir 
John Freind*!* ca^e,*^ a i^asnolao: we can't 
take ujKin m% to say, lliut oil the overt actn are 
wrong. Is il not likr an ai'tiim in aciiil case, 
where there ar** Kt'veral counts m thr deltrr^* 
finn r II Ibfiv he onr wrong, that wdl klay 
judtrr)»ent for the whole, 

L. C. J. Because it i*i an entire declaration ; 
and tbe jury, instead ot giving damages On one 

♦ bee lUe C»sas» saV XZ^^f. \. 



315] 9 GEORGE I. 

count, may ha?c gifen it on the count tbey 
ou;^ht not. 

Just. Eyre, But if ooe count be suflicient, 
the plaiiitifT shall certainly have judgment 
ujMin demurrer. 

Mr. Kttelbei/. U'hat 1 had to offer was, that 
if one overt act is bad, the indictment is bail ; 
but if it be otberways, and if there be any one 
overt act well laid, that that shall make the in- 
dictment i^^ood ; and your lonlship will main- 
tain that indictment : I have nothing else to 
•ffer. 

Att. Gen, Say what you have a mind to 
my. 

Mr. Ketelbey, I did not know but I was ri^ht 
in what 1 was going to say ; and I think it a 
point too material to be easily riven up. 

L. C. J. You allow one of the overt acts is 
veil laid ; consider if tliert^ is no overt act but 
that one ; must there not be judgment against 
{he prisoner ? Suppose one overt act that is not 
ffood, must that take off the force of that which 
ugood*? 

Mn Ketel^y. I submit it, whether this is a 

Earallel case in a declaration for work and la- 
our done, if there be but one count, and that 
well laid, the plaintiff shall recover : but if in a 
■eoond count, he comes and says in court, that 
he bad done such work and labour ; that the 
defendant promised to pay him such a sum, if 
cither these counts are naught, it may be moved 
ID arrest of judgment. 

Just. £yiv. If the damages are taken gene- 
rally, otherwise not. 

&rj. Pengelly. You find in Rookwood's 
ease,-!* it is tnere held, if the jury found him 
guilty of any one overt act, that it would main- 
uin the indictment : but what is your objec- 
tion? 

L, C. J. We will hear any thing that you 
think material \o offer.- 

Mr. KttcUicy, 1 would not have offered it, 
if I did not think it material ; and for my part, 
1 caiuiot find any such thing in Kookwood's 
trial, or any where else, (I beg pardon if 1 have 
ovcrlooked'it) that one good overt act should 
maintain the whole indictment ; 1 admit three 
or four of them to be gooil, as they are laid in 
this indictment ; the only objection I have, is 
to the uncertainty of that which relates to the 
publishing of a malicious, scandalous, seditious 
and traitorous writing, ' coutinen' et purportau' 
< exhortation' incitament' et prtemionim |uro- 
' mission' ad suadendura et excitand* subditos 

* domini regis ad arma et guerram contra do- 

* minum regem,' kc. M v lord, the rule that 
my lord chief justiceCoke lays down in his first 
institutes, f. 303, a. is, that in indictments, a 
certainty to a common intent is not sufficient, 
uo more than in coiint<), rrplicatinns, or otluT 
pleadingsof the plaintiff. Now whether this, as 
It is laid, hath the certainly which that rule re- 
quires, your lordship will determine. In all ca- 
pital cases, e6|)ecial)y iu high treason, the indict- 

* Sec l<:ast's PI. Cr. ch. 2, s. 59. 
t S^e the Case, vol. J3, p. 139. 



Trial of Christopher Layer ^ 



\ 



ments must be drawn with the utmoat accni 
and certainty. The words here are, that he < 
* licavitqiioddam malitio6um,seditiosnm,el 
' di tori urn scriptum :' and then sets forth 
the substaueo of the libel in generml. Is I 
not the same reason that the words shorid I 
been set forth in this indictment, as in li 
dictment for a libel, that so the Court ■ 
judge, u|)oii the face of the indictment, i 
ther tli(*y did import excitement and ah 
tion, Mevarc guerram?' 1 must own, in 
or three late cases, the words have not bcc 
forth. 
X. C. J. Remember Francia'a case.* 
Mr. Kctdbey, 1 am going to mention 1 
cia's, and ho|)e 1 shall be able to aoooun 
that, as well as the others : in Francia's 
the indictment was, that he wrote several 
ters, notifying his intention to levy war,ai 
quiring aid from abroad, without particnfari 
the words of those letters, or tliesubetao 
them. The question was not ufion an am 
judgment ; but it came on iu the coursed 
trial whether such evidence should be alls 
It was insisted upon, that there was a 1 
mentioned, and the substance of that 1 
ought to have been set forth in the indictn 
or else the letter itself ought not to be i 
much less a copy of it lentmd in the prisoi 
copy-book, as evidence against him : a 
must beg leave to rely on the solemn resoli 
of all your lordships m Dr. Sacheverell's < 
that the very words should be expressly 
forth in all indictments whatsoever. In li^ 
cia's case, there was no motion in arre 
judgment; for there was no verdict agi 
him : therefore, whether that precedent 
stand in our way, so as to stop us in our pn 
objection, your lordship will determine : 
in the case of colonel Sidney, the very w 
are set forth, the title of the book, and the 
charged to lie treason. In KeyUnge 2S 
Twiners ca8e,+ he was indicted for com|»as 
the death of the king, and his overt- act < 
the publishing a book called, * A Treatii 
the Execution of Jnstice ;' and the title of 
book, and the very treasonable part olije 
against the prisoner were set forth at la 
In C'oloman s indictment, two lettt;rs i 
mentioned which were declared to be his bi 
there was no counsel, nor motion msdi 
arrest of judi^^ment. I don't rcuipmber 
case where tbey are laid so general as in 
indictment, except Francia's and i'olem 
I shall only beg leave to add, that where * 
is a libel, a iMok, or letters, charged um 
overt-art of that ft hich is supp<ised to be 
son, and upon which the offence is groaa 
they ought to be so far sot forth, tbat a ^ 
may have an opportunity to clear himself 
accusation : I don't knew any precedet^^ 
contrary, but that of Francia's case, 
there was not any opportunity of debate 
he being acquitted on his trial ; and t»% 

* See it in this Collection, vol. 1&« 1^. 
t Se^vol 6, p. 515. 







Jor High Trensffn* 
11^ wbicb was before aoy couumI 

c^jcdioo wtt8 taken in Fran* 

j.,-.^K. ..c ;f :* \^^^\ ii^n tnkcri 

ctofiJftrliuroent 
^ ...... -,„., be admiUci) or 

ly •vcnuGt^ tiint Ik not eirpresslY 

tntlirttDeiit. ng^insi unj ii^rsf)!! or 

ffrn You toc*k ihe objfction, 

thi^ orert-flct of Ireasou is not 

in the indiGtmeiit ; Roci there* 

tHJl t<* be given in eiridence : jou 

' over nil**<i ui ibe lime of 

II, am! tliuT the opiiiioD of 

^ijUbl yciu- As to what yoti 

wdf must be set for^b. it ti 

a man niuy set fortti the 

mXw «voril8, without &hewhi|; the 

>« : that is the wi\y thiit is pm-* 

n, luid when it is otherwise ii is 

Ubt to be done.-j- 

It wan tQileed the Ojimlon of the 

wrrr (irtMiit at D\\ Kachcfer- 

cular w finis supposed 

u! expressly specified 

il 0t iuforcnation foraay roia- 

itin^ or speaking ; ond since 

•n authority to conclude our 

1 ciri*t forbpfir saying, that it was a 

;r to \V, r ball, and par- 

VI ^ I this court, to 

y ituch oiMnjoii tiatl beeu (fiven ; 

cr i>er^n laid dowu in ony of our 

rule of law or nractice, that the 

inli mipposed to ue criminal ought 

M hi the itiilictment or informa- 

had l«iru<*d from my lord chief 

t a libel might he described 

nod subfitunce^ or by the 

id that an intJ»ctiiient or in- 

either of Uie^e tonus woulil he 

u h>ok into tjie books of entries 

mrrral irixtances vtbcre i^laiidc^rti 

are diarge*! in Latin, as false 

•riion«, and rtotiu thewordn 

Htali^y^s ca*iir-.§^ who was 

ilewonls II it. 13 

d in the m that 

k;otf bad trauoronHJy dc- 

ipse |inedirius i^t^iey ipsiim 

iotrrftccret ;* and the fact 

in GOO ver sat ton had f}|Kike 

'i*tl in FrcDch, which wer*j 

wltorweA ; and this evidence 

idem to cciUfict him of biifh- 

the particular wordstuppo^^rd 

rrrmitml, were not sptciHed 

'icre v»'HS nti ititormii- 

a all the {T I cat counsel 

ccotuTitL'd on one t;«dr'or oih*^r, 

it bar in my lord chiel justice 

, »ol. 7, p, U 
1 Cr. cap. s. 
a, 

*.Gn*iie,Tri«,tWilL 



I br < 



mtjct 



A. D, 1121. [318 

Ilalt*6 litne^ and the olfeuce was cbari[^ in 
the same muTuuT ; for the substance of what 
the defejjdanl hnd sitvorn was •*<.! toilh in I^iin, 
and the evidence which he gtive Li Englisb 
being proved to be false, he was couvicted of 
the periury without any objection ; and yet 
the pariicitvar Kuj^hsh words in which he fi^Skve 
his cvifieoce were nut expressly speci^^d tu the 
information ; and I don't find that the specify- 
ing of the particular words was ever said or sug>«^ 
gested to l»e necessary, tdl this sudden opinjon 
was '^iven ; and therefore ^h I never thought 
it n|;ht^ I can't bear it ur^ed as an authority 
without oHeriog my reasons to the contrary^ 
and ackoowleil^ng that 1 have been hm^ in a 
crreat mistake, if there be any one reaoluuon in 
the books to support it. 

Just. Pimys. In the case of Francia it was 
insisted onto order to rttop the trial ; the main 
of the oljjeclion was, that they ought not to 

firoduee evidenre of the letters, because tho!i# 
ettera were not expressly set forth in the in- 
dictment, and that very objection was made in 
order to itop the trial. What wassatd there in 
cases of libels is intended when set forth * in 
hxc verba, ^ and not in Latin, the morecoromoii 
way : but it is another thing where it is ta 
overt* act of the imagination of a man's heart 
in treason, it is sufficient to set forth the sub- 
stance of them ; therefore it was so fully set- 
tled in Francia^s case, that I thought it won lit 
be ncvor mentioned agaiu ; the point was 
argued, the objections were made and over- 
ruled, and it was the very (lotnt on which th^ 
trial proceeded, 

Jtt, Gen, In my lord Preslon*8 case theil^ 
were i*everal notes, memorandums Jiml writing?^ 
that were the very overt* acts of the treason, 
yet they were ooi partu itlarly set forth in ths 
indictment* 

Herj. Pefigelly. There it was alleged, tba| 
tlie lord Preston prepared and composed se* 
veral writings, several traitorous notes and 
ntemorandum^, for the giving itistrnction auil 
information for the French king how to in-*- 
vnde Kngland. 1 desire to put Mr. Ketdbef 
thiR case: Suppose any one had proclaim* 
ed the Pretender at Charing-cross, or ela«« 
where, and Imd read bin declaration, exciting 
the people to revolt and to cotiie in lo him, and 
prnuiising ihem rewards; and th*?n (be d«s* 
cliir»tiiiii had U'»n curried otf, or so disposed ol" 
tluU it could not U* reoo*. * rt ti aiu\ produced in 
tiideucf ; I would W ow whetlipr 

that pcr*;ofi might not l> i for treasoPp 

without !$()'ttingtorth the particular words whicli 
be read out ot such declaration ; or whether hn 
should escape nnnisbmeut for want oi being 
abte to set out Lne particular wordi^? 

jlHr. KeteU'ty. The rradtng of the paper la 
that case viould be SMfficienC. 

L, C. ./. Have you done, or have yoti any 
thing further toofibr lor the prisoner .' 

Cl of' I he Cr, Christopher Layer, hohl u^ 
your hand. You have be«:u indicted of high* 
treason, ^c. 

Fri*on<r^ I know nothing more tu siy tidfr, 



319] 9 GEORGE I. 

because my counsel have given it np. But 
alter your lordship bath paued sentence upon 
me, 1 hope ami desire, for the sake of elber 
people more than mysdf, those that f have had 
Very great xlealini^ and correspondence with, 
pariioularly my lord Londonderry, and several 
others, that I wouhl do justice to, that your 
Jonlship would give me a reasoiiahle time to 
make up their accounts ; and when that is 
dune, I hope your kirdsbip will give me still a 
further time to make up that great account 
which I have in another place : W hen this is 
done, if hin majesty doin not think fit gfra- 
dounly to continue me in this world, I will 
dare to die like a gentleman and a Christian, 
not doubting but that I shall meet with a double 
portion of mercy and justice in the next world, 
tboogli it is denied me in this. 

X. C. /. Christopher Layer, you have been 
indicted, and aAer a long exantination and 
fair trial, have lieen convicSed of high -treason 
in com|>assing and imagining the death of the 
king. 

Yon have had all the indulgence and ad- 
Tantage that the law, would allow you. You 
have had counsel assigned you of your own 
chusing to advise you preparatory to your 
trial, and to assist you in making your defence 
at your trial. 

These counsel have been permitted to say 
VFhatever they thought proper lor your service ; 
and T heartily wish that I could say that they 
had not exceedeil, that they had not taken a 
greater liberty than they ought to have done; 
but however tliat was, the Court thought fit to 
permit it in them, that they might not be dis- 
couraged in offering any thing that was proper 
for your defence ; we did not censure it then, 
on tnis consideration. 

Tht jury that have found you guilty, are 
•nch as may be justly said, you yourself ap- 
proved of; lor though the law gives you a li- 
berty ofchallengiiiflf five and -thirty, vou chal- 
lenged but four4incf- thirty ; so you allowed the 
rest to be an indifferent jury to pass between 
the king and you as to your life and death. 

The evidence on which you have been con- 
victed, is the clearest and plainest that ever 1 
Iiemrd. Your personal conferences with the 
Pretender at Rome ; your constant corres|K>nd- 
ence with him and his agents afterwards; 
the scheme you had formed for the executing 
this treason ; your confessioo of the greatest 
part of it before the lords of the council; 
and at last your flight when in (he hands of 
justice, out of a window two pair of stairs, and 
the endeavours you usetl when retaken to cor- 
rupt and prevail with tho^^c tliat took you, by 
rewards, to let you go off, these are matters so 
▼erv clear and plain, and did concur so exactly 
with the evidence of the witnesses, that it did 
not rest on their creilit; the only question was, 
whether the jury did believe what jou your- 
self had declared on your examination before 
the lords of the council, and by the Scheme 
that was found in your custody Y 

This being th« natare of "tlie evidence, I 



Trial of Christopher Layer, 



must, according to what it oeatl, pot 
mind of the horrid wickedness yoa ba 
found guilty of. 

The first matter projected to bede 
to seize the Tower of London, lo aet i 
at tlie Exi hange and other plaoes ; ^ 
the Bank, awl take from thence what 
you had occasion for; by which th< 
city of London, and in conseqoeoce th 
nation, would inevitably have be«w iur 
blood and confusion ; this was to ba* 
tlie first fruits of this projected Scheme. 

The next step to be taken by this ej 
Scheme, «»as to seize the sacred persoi 
king ! a king, who during the whole co 
his reign hath been the most religious o 
of our laws, the most careful preserver s 
tector of all our civil and religious righ 
the most mercifid prince that ever sat 
throne of these kinurdoms ; yet this, tfa 
excellent prince, was to be seized and 
sacrifice to popery and arbitrary power. 

The next step to be taken, was to se 
prince ; and when that was done, nobi 
doubt but the young prince and prii 
must and should have followed the fatei 
father: 8o that the project must and 
have ended in the destruction of all tht 
family on this side the water; and whi 
was done, it was thought it would be i 
matter to set the Pretender on the thron 

This being done, the king and the r3 
mily destroyed, and the Pretender advai 
the throne ; what the consequence of thi 
and would have been, is obvious to ever} 
it must have ended in the entire dest 
and dissohitinn of our most happy est 
ment and constitution ; the happiest, 1 
that ever any people enjoyed ; it mus 
ended in the destruction of our laws, 
berties, our religion, and the church ol 
land as by law established ; and we mu 
become, from the most happy, the most 
able people on earth. 

These horrid and execrable designs 
very heinous in themselves, that they 
will admit of any circumstance of aggra< 
But I must say, 1 can't avoid say in 
there are circumstances with respect t 
that make them more heinous, if possible 
were bred up to the law, and you uuist I 
posed to kuow the excellency of our 
constitution and govcToment, and th< 
which you professed, which makes youi 
much the greater. 

Another matter, which is a great aggr 
of your offence, is, that you were, or 
professed youriielf a Protestant, and a n 
of the Church of England, whiUit you e 
yourself in measures which must inc 
Iiave destroyed that church which you 
yourself a lucnilier of. 

These are the treasons which you a 
victod of; and being so, the law ailjud( 
not lit to live ; and the judgment of the 
and it is consitiered by tlie Court, that 

« You, Christopher Layer, beled to th 




* Iroa wliCAce yoti came, and from tfience you 

* «re to be drawn lo the i}lace of execution, and 

* thfi't' )oci ire to be hang^fd by the neck, but 

* Ckot I lUyaa are dealt, but you are to be cut down 
*^ivr, 4t>tl yoiir bowels to be lakert out, and 

* bun) I before your face ; your head is to be 
1 from your body, and your body to be 

into tour Quarters ; and tbat your 
I and quart erM be dispose of where his 
Ky ahal) (hmk 6t* 

I the priiioner was carried buck to the 
fQ9c of tioudou; but on Wedtjesday No- 
2Bt the attorney and solicitor general 
I for a rule fur hi« execulii>n, atnl tliat the 
' CSlvt woqid appoiut a time aud' |duce ^br that 
pUfiin and sa\d, that the chief desig^u of exe- 
otttti^ fiuch criminals was to be un exaniple to 
ttktn Dot 10 odVnd in the hke matin er, aud to 
diMr iLff^u from conmnitting treasoo ; and 
iiu>Ted that the execution might 
' X ihou^Tb the fact was done iu 
luiti tii^idf that there were itiaoy prece- 
i ^hr execiitioir criminals in such places as 
should tliluk proper, 
.(ion the Court asked the clerk of the 
if he knew any such precedents, who 
, that one Fit/patnck,^ who was an as- 
i^ith the turd Audlcy, was executed ju 
ex for a fact conunittod in WlLuihire, 
other late precedents of the same 



rule w»8 made to the lieutenant of the 

la dehvi*r the prisoner lu the sheriffs of 

and Middlesex; and another rub' to 

aheritfs to execute him an Monday 

r ih<* 134h, at Tyburn. 

en the kinj^^s counncl moved the Court to 

ifae rule made thf day betbre, for Afr, 

, ihe clerg^yman, to attend the prisoner, 

lie was tukeu into custody upon sus- 

'treasuQf and h*d given bond to appear 

this day. 

Court answered, that any clergyman 
luld be admitted to the prisoner, who was a 
iif known hontsty, inttt^rily, and learn- 
but not Kuch who nnifhl harden htm tn his 
uty in his la>t luomeoU; so two more 
^fti^ymen were joined in the rule, and the 
•tbrr two struck out. 

AfUT wards, aud on that very day before he was 
tile rK' €Ut4.'d. he had a respite, and there being 
ioui thai he could not be executed 

1} vir 'ly warrant signed by the kiug ^ 

W tiiui ii tiew rule must be imide id the Court 
if Kifii»'^ bench for his execution, he was ac- 
Cttiiingty brought to the bar in Hilary- term 
Mkifung, aud a rule was made for his execu- 
on the 27lh of March ; but before that 
be procured another respite, and after- 
another rule was made to execute him 
«nibe 17lh day ot Moy folloiviog, which wos 
^i«a aeoordiuji^ly . t II e tuade a short speech to 
t^anstants, v«her«^ui he avowed tlie principles 



I 



* See hisCrtsp, vol 3, p. 41i>. 
f See 4 Black. Comm. 464. 



A. D. 1722. [322 

for which he suffered, rccomtt^ended the in- 
terest of the Pretender ; and deliveri-d a paper 
to the under-sheriiT, and also anothei' to a fnend 
of his. His head waj( a tier wards carried to 
Ne^vgatCf and was the oeJtt day it\% nnoa 
Tern nie- bar ; but his (quarters were delivered to 
his mends ; who took care to get them de- 
cently interred* The paper aboVe-mentioued 
was inclosed in a cover, superscribed, 

To Mr. Walter Price, Under-sheriff» at his 
house io Ca»tle-Vard, ia Uolboni; and 
was as tolloweth, viz* 

Mr. Sheriff; I having previously resolved to 
employ all the time allowed me at the place of 
execution, in demotion, aud making my peace 
with God, through the oll-suHicient merits aud 
mediation of my gracious Savioor, I have, in* 
stead of any speech I could make to ihe spec- 
tatorSf <in i^m unfortunate occanion* committed 
my last ihouffhls of all worldly affairs to writ- 
ing."* while I had some miervals of time for so 
dotog ; and have sent two authentic duplicates 
thercot, wiib my hand subscribed to the bottom 
of each sheet, to two trusty friends, to |estify 
thereby to ihe world, in due lime, aud a« oc- 
casion otrers the true princi]de5» (*f both my re- 
ligion and loyally, an well as the unparalleled 
hardslupii and injustice 1 tiave lately met with; 
for Mhich I pray God torgive the authors 
thereof. 

Atid to Ihe end, thai none of my friends, who 
had access to nie *ince 1 was sentenced to die, 
ma\ he liable to come iuto any tronble upon the 
score of publishing my suid wrilingSt t siMit 
the draughts thereof ideated up, together with 
draught of two several letters directed to cer- 
tain personal in the administration, to one of my 
friends aboFt: mentioned, desirmg him to oepy 
them all over fair, and return them to me : 
And then I sul»scribed them, and returned 
them to my frietids, without lettiug the b*?arers, 
tirst or la«r, know any thing of the cootenta. 

So^ taking leave ol' this vain world, God ia 
mercy receive my 8«ul ! Amen.f 

CURISTOPHKR Lir£E. 



There is a slory , that Layer's h^ad, havta^ 
fallen from the top ofTtrnpft: bar, where it had 
been placed, was picked ujp by an attorney of 
the name of Pearce, who was an agent for the 
non -jurors ; that Dr. Richard Rawlfufion, the 
antiquary, i'or a large price obtained it from 
Pearce, preserved it as a precious relic, and by 
his will caused it to be buried in his right bnna. 
Another %er»ion of this legend relates, that 
instead of Layer's, auothtr's head was imposed 
on Rawlinsun, See Nichols's Literary Anec- 
dotes of the eighteeuth century, vol. 5, p. 497 > 
art. Rawlinson. 

For the proceedings in the House of Lords 
respecliiig the printing of this Trial, see Pari. 
Hisl. YiA. iS, p, 54, ef teq, 

•This writing never api>eai^ in public. 
Formtr £diUon. f bee lite next Article. 




323J ^ GEORGE I. Pfoceedingg agaimt Bishop Atterhurif^ 



464. Proceedings in Parliament against Johx Plunkett, George. 
Kelly* alias Johnsok, and Dr, Francis Atterbuuy, Bishqfl 
of Rocliesler, upon Bills of Pains and Penalties for a Treason-^ 
able Conspiracy: 9 George Lf a* d, 1723* 



The Kmjjf, iti a Speech on October It, 1722, 
AC qua in led both Houses of Parliament, that o 
dan^erouB Conspiracv hatl been for some time 
furmedt ^^^ ^^ ^^^^i carried on ajifainiit his 
}»ci-snn and gofernmcnt in faT our of a Popish 
IVelencIer ; an J after relating scvcnil parti- 
eaiars conccniing^ the same, he stated that notne 
cif the conspiiators had been taken up and ftc- 
curett, and that oodeavours nere used for the 
apprtheudmif oihtrs. 

Chrislopher Layer having, on the 23rd day 
i»f November, 17*2^, been convicted of his^h- 
treason^ as hath been related in the precediitg 
Caae, tlic House of Commons, on January 15, 
17^5 (ihe second day of their meeting after the 
'Christmas adjourn metit) came to the fotlofviDg- 
iTotes . 

** Uesolred, nem. con* That a CommiUee be 
•ppoiRlc d to g-o to the Tower of London, to 
IjB^amine Christopher Liijei, io relation to the 
^cmspiracy menlioued in his majesty's Speech, 
: the opi^ntngp of thii» parliament, to be carry' 
Bg on afraiQst hi« person and government. 

Ordered, That such members Of this 
louse as are of his majesty's most hon. privy 
iiuncit, be the snid committet.'. 

*♦ Revoked, That an humble Addresi be 
rrf^kentei) to his majesty, That he Hill be gra- 
usly pleased to giv^e directions, that the ste- 
eral ex ami nations and papers ^ retattng to 
^hri^topher Layer, may be bid before tbb 
louie/' 

It appears that the Committee consisted of 
Nlie Speaker (sir Spencer Com p ton, the Chan - 
l[£el!or of the Exchetjuer (Mr., afterwards sir 
Tftfjbert Walpole), the Master of the R<dls (sir 
Joseph Jckyll), the ComptroUer of the Hous£' 
piolit (Paul Meihuen, esq.) Mr. WiUiam Pulte- 
Lpey, afierwards earl of Bath (who, before the 
tpiils of Paioa and Penalties aguinst Alterbury 
Wid the others received tlie royal as»L*nt, was 
[ippoinied Cofferer of the Household), Mr. John 
|StnUh, Mr, Richard Ilampdeu, Lieut. General 
I'Willa, and sir Robert Sutton, Mr. Putteney 
l^as Chairman. 

Go the foUo^ring' day« the said examinations 

♦ Siee 1 Stranfre, 530. Furtescue, 101. 
^% Mod. 96. Hatseirs Precedents, title BrHs 
of AttaiDder, and Bdls of Pains and Penalties, 
/See, loo, the precedintf Case, and the Journals 
»'0f the Houses of Lords and Commons; and 
^the New Pari Hisit. vol. 8. 

f Swift, in the 6Th chapter of GultLrer^s 
^ oyage to l^pnta, &c. has introduced some 
layers aj^aiost these proceedbgs. 



and papers sealed up,* were presentptl to 
House^ and were rcferre*! to the said C 
mittee. 





On the Slst, Mr. Pii1t«»noy, from the t 
mittee, acqnatntnl the HoW, '« Tiiat, u| 
their pevtisal o( ihe papers relating^ to 1 
Christopher Lay«*r, and on iheir ex^in 

of the said Christopher Layer, fre»{tie 

tion was made of one James Plunkett, wh6 \€ 
now in the custody of one of hi» majesty'* 
luesseDgers." Wheteupon it was ^~ 

" Ordered, That the said Comtuittee 1x4 
powered to examine the said James Phmk 

** Reso|¥L4l, That au humble Addr 
nresented to his majesty, that his majfl 
be graciously pleased to "ive dir^ciim 
the ex4iuiiriutiou9 and p.ipers relating 
said James Plankttt may be laid bd^ai-e 
Ifoimi'." 

And on the following day, the paper^{fte> leA 
up) retaiing to Plunkelt, were presented 1 
House and refer rrd to the same comm 
who wei-e directed to examine Plunkett ; 
within a few days aAer wards, Mr Pult 
from the Committee ap}fointef1 to exan 
Christophtr Layer and Mr. James PJun 
ac(]Maiitied the flouse, that they bad exa 
the said if ames Plunkett ; and tind, by the | 
pers relatiufr to him, and hkewi^se by tbetr 4 
miiialton of him, mention made of one Geoi] 
Kelly ; and that the Committee had dir 
htm to mo\e the House, that tlrey may be em* 
powered to examine the said George Kelly. 

** Ordered, That the said Committee be a 
power«d to examine Mr. G^rge Kelly, AOWJ 
prisoner in the Tower of London. 

** Mr, Pulteacy also acquainted the Ho 
That he was directed by the said Committee to 
mo?e the House, that an humble Addre«8 may 
be presented to his majesty , that the examina^ 
tiona aod papers relating to the aaid Ge 
Kelly, and such other papers as relate to 
Consjiiraey mentioned in his majesty ^s Spc 
may he bid before this House. 

** Resolfed, That an humble Address be pre- 
sented to his majesty, that he will be gma- 
ously pleased to |five directions, that the setml 
examinations and papers relatinsf to Mr. Georgv 
Kelly, aud such other papers as relate to tEe 
Cousniracy mentioned in his majesty's S^ 
may ue laid before this House.** 

And accordingly the said papers w«re I 
before the House. 



31 

tteefo 
s may 
imina^ 



to tne 
miWF 



* S«€ New Pari. Hist, to), 8, p. ii» 




end oikerSfJor a Treasannbie Con$piracif. 



•{VA 



MAftii 1, Mr. Pultcney reported from 
ftt CofBiaiOfc as fultows * 

lh$ Comurrec apiKyintGd 1o examme Cbn's- 

LAy«rr at)tl otheis, in rektion to 

r Cmt%i»iT^cy metilmned in his majesly*8 

" to be CdfTyiticf r»n a^^ainst tiis 

MitOQ moil i|;ov<;rnmeut, havtngf perused 

1^ t^vt-i:*! tiapt-rs and exumiuations re- 

IhtH iiid liaring ^oiie thr^agh 

• t'x u of lliose persons, have 

i on tbe frillowiug Beporl. 

": ! - I ''Tin- fxaminitions, 

yy^ your coiii« 

^ . . 1 . V ^ , i L etl not be ^t rtct ) V 

:>nd order in which they 

rnayf tor the ease of th^ 

r, moijc I he seTerai matters occurring to 

) near q;* they can, in the order of tioie 

I Iht^ ^ere iraostactetJ, or as thfy best 

' ihctr mutt^al connecL,ioD to illustrate 

her, without a<SiliD^ any obsenrationi of 

♦♦fit nuch as naturally arise from 

st'i'enil jiaperaamt examinations 

icli as are necessary to help the 

jrrfu e cftiily to ^lermve the con- 

and incan^iist^ncjea of the con- 

r ity the iirisoners, as ivell as the 

ami coincidence of the facts ei* 

r ctvfninittee oUeive in general, tbut a 

mm bog been carry ini^ on by persons 

\wne and dtuim!iiun at home» in conjunc- 

fUh tr«it(ir« atroai), for niacin^ the Pre- 

m tb» throne ol' these kingdoms* That 

mifthoda hare been attemptetl, and 

fixed for puUiii^; this design in 

That ilie6r6t ioientiou was to have 

a regahir body ol foreign forces to 

TVi»~r~ ~^ 

imlphi - ;, 
{JL\ CofiUjning^ Foreign Correspondence. 
' ^ ' P»j»eni relating to Captniti Halstead. 
rfr* relalinif to Chrislopher I>aver. 
Pii** r^ rrlatiog to an intended (n?a- 

n]f to John Plunkett, 
relating to the Bishop of fto- 

Paperi rebtmi; to Oenrjre Kelly, 
Paprrs n Uiiri^^ lo nrnnii Kelly, 
papers rebtin^ tu John Sample. 
Pipcni relating to the duke of Norfolk, 

1 rtUling to Scotland, 
n relating to Ireland. 

':o\ pages of the Reports of j 

-'^'-' ■•''■ ^ '» ■- '-' n, but ! 

ve to 

, i ..,..»..., kelly, 

incorporated into the 

no{ been thought 

iieodrxes Ihetn* 

ur ivferencea to 

-tD ^vkkicb occur 



« accompanied by Ifvelve 
I i shed by dlflerent tetters 



ey ocrupv 






tOTade these kin^^domiS at the time of the lata 
elections; but thai the conspirators being dli* 
apirointed in this expectation, next resoUed i^ 
make an attempt ut the time that it was gene- 
nil ly believed his majesty intended to go to 
Hanover, hy the help of such oHicert» and sol- 
diers as could pass into England unobserved 
from abroad, under the command of the late 
dukeaf Ormond, who was to have landed ici 
the river with a gieat qaaottty of arms pro* 
vided iti Spain for that porpoae ; at w Inch tima 
the Tower was likewise |o have been seieedi 
and the city of London to have been made a 
place of arms: but this design being also dis* 
appointed, by the discoveries made in Eng« 
laud, and hiai majesty's puttingolf his journey ; 
by the encampment of his forces at nnme, as 
well as the sending for those from Irelmid ; and 
by the readiness of hts majesty's goud alUea 
the States General to assist bim in case of 
need ; by the orders given in Spain, thut the 
late duke of Ormond should not be suffered ta 
embark^ and the like orders issued iu Pr^^nce, 
that he should not be suffered to pass througli 
that kingdom ; the conspirators found them- 
selves under a necessity of deferring their en* 
terprize till ti>e breakmg up of the camp : 
during which interval they were bboaring by 
their agents and emis^taries to corrupt and 
seduce the officers and KoUliers of bis ma- 
jesty *8 army, and depended so much on thit 
defection, as to entertain hopes ot' ohictng the 
Pretender on the throne, though they should 
obtain no assistance from abroad, which never- 
thefessthey stHI continued to solicit for. 

The truth and reality of these wicked de- 
signs, yoiir committee are of opinion will appear 
confirmed to the House by concurrent and 
unquestionable advices from almost all parts of 
Europe, sent by persons who appear to have 
had no communication with each other ; which 
advice*{ hare again l>een verified and tiupported 
by several discoveries made at home, by the 
informations and confessions of sume of the 
persons concerned, as well as by a long and 
regular series of correspondence, which the 
coQspirators have furnished the government 
with agaimst tbemvflves, and the several 
branches of which ap^K^ar to the committee 
connected with oneauother, and till concurring 
in one continued de»it;u of subverting our 
present happy establi*»hment, and involving 
th^se kingdoms in bluml and confusion* 

The several examinations, lelter>i, and other 
papers, are all contained in an Afipendix to thit 
fteport ; and as they are ull severally numbered, 
so the several pHra^raphs which are f^iioted 
from them ha*e rrlereucea to tho^- numbers^ 
that they muy the easier l>e turned to upon <iu* 
casitju, and be supported by the autJiorities 
from whence they are taken. 

That the fir»»i *i.'^i..it was to have been cxe» 
cuied during M tih, an«l to bate been 

siipf sorted bv i „ n-es, is collected Chnn 
the fo' lowing cireumfitaoceii : 

Philip Neynoe, clerk, (who waa drowned ia 
attempting to loake Urn cicape lihilii the mat- 



4 

i 



, tengera) 



tgto loai 
ilacUuNMl 



uponbu cxacaiiifttipAMici 



327] 



9 GEORGE I. Proceedings against Bishop Atttrlmtgf 



soDie of the lords of the council, << That he had 
been employed by George Kelly, and one Wat- 
son, whom he took to be the late earl marshal, 
^nd who was in En|(!and last springy, to draw 
lip three several memorials to the reerent of 
Fratice, to solicit him to send forces to the as- 
yistance of the conspirators. That the last of 
these memorials was drawn up in December 
1721, and contained a demuud of 5,000 men, 
to be sent over by the regent to invade these 
king^floms." 

This is confirmed by nnqiiestionable advices 
{irom France, the IQtli of April last, in which 
it is expresslv affirmed, "That repeated ap- 

{dication had been made to the regent for some 
ime past, to furnish only a bodjr of 3,000 men, 
by the fif^lp of which the conspirators made no 
ooubt but iu be able to place the Pretender on 
the throne." 

Layer, at his examination before a committee 
pf lords of the council, confessed, ** That 
being in disrourse with lord Orrery, soon after 
Lis first acquaintance with him, (which was 
before the encampment) lord Orrery said, no- 
thing could relieve the nation, but a restora- 
tion ; and that he would be glad if he could 
contribute to bring it about: that it must be 
done by foreign forces, and could be done no 
other way. That he often asked lord Orrery, 
iirhat methods they had taken to procure them ? 
That lord Orrery said, they had friends abroad 
that had made*application to the regent for 
iissistance to bring about a revolution; but 
he does not know whom his lordship meant ; 
general Dillon might he his correspondent for 
aught he knew : that lord Orrery likewise told 
him, the regent might be brought to wink at 
any thing, but was so pcrBdlous that he was 
not to be trusted ; and that the Fiench hud 
made a tool of the Pretender.'* 



may oflTer before the end of thte yH 
not perhaps every way so ftfooraM 
letter was writ on the 20th of AprUt i 
of the elections were over, and oai 
that opportunity was elapsed. 

That an insurrection was thoaght 
time of the elections, is farther confii 
the following particulars ; Layei 
before the lords, " that Green the 
being in aimpany with lord North ai 
and talking oi 5,000 arms and 7,000 
were ready, said. When the W 
mob were up, if they had had am 
which lord North interrupted him. 
don't talk, you are a (Citizen, you k 
are no arms ; hut that the man ins 
were 5,000 arms ready in the city." 

Neynoe declared, «' lliatTbo.Ca] 
made two expeditions in the sprin] 
the elections) one into Cornwall, ai 
into the counties of Warwick, Nc 
Derby and Stafford ; and that npon 
blaming the riotous conduct at the 
election. Charter repliefl. Hang the ele 
never saw fellows of such mettk 
trained, so fit for business." 

Among Mr. Denny s Kelly's pt 
scizetl an exact list of the quarters 
majesty's forces in Great Britain, 
time thai ihey were drawn out of m* 
great towns and boroughs, on accot 
elections. 

From all those circumstances the • 
see reason to conclude, that the first < 
to have been executed with the as 
foreign i'orces, at the time of the elect 
the Pretender, the lute duke of Orn 
Orrery, and tlie bishop of Kochestei 
this opinion ; that memorials were 
here, to be presented to the regent fo 
|io8c ; and that those memorials wer 
presented, or at lea^t application ma 



Layer repeated the same in part, at two 

other examinations before his triol, and bos r— ' - n 

since confirmed to your committee, upon his regent in cimsi^qnence of ihem, by 
examination at the Tower, '* That lord Orrery ! from persons in £nglaud ; and thait 
declared himself constantly of opinion, that positions havf been made for this em 
nothing could l>c done to *a':y purpose in the 
Pretender-8 favour, without foreign forces." 

About the latter end of April, a letter was 
interceptetl here, coming from Spain, icclosing 

the ropy of one fiom O to L , which 

Mill be shewn in the sequel id' this Report, to 
have been from the late duke of Ornioiid ; in 
which Ornmnd says, *• Pray K !| J^Irs. Cliau- 
mont, th..t since the parliament is dead and 
gone, \ think it w a M.).id lime to make an 
cflori, w!i«Ti thi. -.rr^iir is gone to Hanover." 
It will ap-K-rii- fr.uithe sequel of this Re|>ort, 
that by Mrs. C:>ai;;iiont is probably meant the 
PrttenJe:. 

On the e3id <»f April another letter was in- 
tercepted, siffiied lii«r, and directed to Mr. 
Jackson, which your committee have good 
reason to Mieve was from the bishop of Ro- 
chester to thi- Pretender, as will be shewn in 
the foIluwij>K part of this Report. In this 
letter he says, •< notwithsUnding Ihii oppor- 



tunitjr is tbj^d, I agree irith yon anotlMrJkaveliMiU^ 



that time, as broke out into r'wXs at 9€ 
elet lions : which must he allowed to 
no unfavourable juncture for such a 
considering the discontents occasion 
late South Sea scheme, which ihe a 
have all along flattered themselves tti 
be able to improve into a spirit of rebe 
, the libei ties usually taken at such 
when all the freeholdeis of England 
I sarily* and Irirally assemblea toge 
I when the whole nation is too apt to b 
' ment, even in the quietest times. 
This design failing, on account (a 
sonable to believe) of the conspiralon 
able to obtain the forces they folic 
abroad, and of their beiiig tbaaif*^ 
in opinion as to the time and B 
tion, their next andoavdilr i 
insurrectioD at the tip** 
hit maieity \ 
dfAeMi 




ofhitSrfar tf TreasonnUe Conspiracy. 



D. 112$. 




Ipoium^ tliAt ihey think ttroncter could not ren* 
aQti4i»(/ b^ ^iipecUrf, in nn utiatr wUate it tvtu 
iD niQcb iLt mieresl of the conspirators to act 
irjtb i' ^ ■^" >5sr eauiimi and secrecy. 

U iv '><^o obserted, tliat the late 

,,. L,,.,,-uJ ttiouglit ihc tirneof the king's 

Utf Germany a f;itoural>|e o|i|ici:rtiiDi(y 

\ nu m effort, mid ihiU the (lersoti whr* 

jys, '• Notmihsflandiog" thii! tip- 

a|i^, I »eree with yuy another 

Ui'tore the euU of the year, though 

bap^ every way so favourahk." 

fer coafesictl to the lords at two &cTera1 

tiuna pt eviou» to his trial, and has since 

fittlbiii^ lo yoar r^^ : " That he made 

tMllE^oi] to lot d i > tatid god -fat her 

li Ml child for the rreTpnier, intendmi^ that 

%m msirk of. kitidaeas fiorti the Prdteoder 

Aonld serve as a credctitial to lotd Orrery to 

bioCie biKii t4f converse frc^cly with hiiu, in re- 

Iriofi to ikie Pretender'n affairs : that then* ac* 

4piotat3ce bavilie heg^un in this niauner, lord 

Ufn-ry mmiI to hitn to enquire into the Pl-e* 

tM«l«r*s cluractcr and qualifications, and asked 

\itii Ht^^nil fioies, wlieihcr he had any recom' 

I from the Pretender lo any person ? 

ti his nns^ering: No ; im lordship toM 

1 to be an honest man, and 

iiy should be always wel- 

o^iii^ tQ Inm^wbedier they had any credentials 

m ort : that he. Layer, then ifave his lord>«hip 

:ut of what had pasi^eil lietween the 

and him durinx^ his slay at Rome, 

* ' ' Jiip what h>()es there were? 

hip answered, that there 

I dii the nation were g:cnerully 

emleFf except EUi-h as had phices, or 

«e to them from the ^oviTonjent, 

lord Orrery fiirUi'^r told htm, that lord 

wr Harry Goim^, lord Sirafluid and 

were ifoini^ to do a rash thiu*^ tu favour 

' Preteoder, whieli he, lord Orrery, was 

for, Utcduse it wonhl prore ahurtlve, and 

lis succeeding another time : that Layer 

* ' n, who wai* to have the eoinmaudF 

Orrery udd hnu, he hehe?ert lord 

III Grey wa» to have the oummaml, 

. ttie said lord had a c!omniis$iiiu from 

that the ford Orrery ailleiL thi« 



he wu not popular enon^b, that (he diilte of 
Oniiond would he fit for It ; and if they had 
him here, hi« lordship bdieved most of the sol- 
diers would join him: that he, l^ayer, cmdi* 
nned to press lonl North and Grey on ttiis 
head, hy telling huu, that be w^ Itttef for a 
{Tetieral, and wn^ popular; (he said lord an- 
iiwered, no, tlie duke of Ortnond nnn i\\r man, 
he was the soldievs' diirling'. That he, Layer, 
otVen lalke<l of this ulfuir to the lord North, be- 
ing induced so lo do, by the impatieuce he ob- 
served in him, and jti lord Orrery, thai socnc« 
thini^ Uiould he done.'* 

Mfltthew Piunkett, Serjeant of in?aUd*, has 
dqio^ed upon oath, *♦ That Layer tohl I ' 
July bill) that the duke of Orm'ond woti 
in a single sliip witli sorae officrrs^ and m;it u 
had been don^ long u^^o, if the Frenrh umbas* 
sador had not been told ol it^ who toUl it agaiti 
to the king." 

It appeal^ to your committee fVom sererU 
depiisrtrons on oath, a^ well as from infortna- 
tiona and written iDtelligfence, that in conse- 
fjuence of this design of briuiring ott-r the late 
d nice of Of moud, Oil ptain Charles Halslead, a 
Lancashire man (who was concerned in the 
iuMirrectfun inteiid(*d at Oitford in t^e year 
1715,) set sail Iroiii the river for Bilho«, about 
the 12ih day of March, 1721 2^, on board the 
ship Phineas of* Briiilol, William Arnold, mas- 
ter, with a provision of arms and powder on 
board, which one of the saifors on uis eXfttiil- 
natiou declared, " He apprehends to hare 
been greater than waa necessary for an ordi- 
nary tt-ading woyage. That the" said ship was 
hired at 100/. freight per month, 20Of being 
paid in advance (as Halslpad himsejf owued^) 
and had no goods nor any passenger on board, 
except the said Halstead» who went hy the- 
name of No well, and was known to the master 
and sailors by that name only, duimg (he vo^'^ 
age to ^pain. That the said ship was cleared 
at the cuhHom- house in ballast for Uhhm ; but 
that ivht-n they came into the hay of Discar* 
the makter, h ho had orders to follow NowelPs 
directions, gave private instructiuns 10 the pil^t 
to steir to Bilboa ; that they arreted (liere on 
the $5th of March, O. S. and thtit Halstrad 



w<>ut on uUore. and lay that uii^'ht at Mr, 

^au«e not duly cuiic*^ rted, nor | Biown*«, un Irish mprchani* anil the next day 

n forceu, ivilliont which, be i went forv^ard'tiowards Madrid, being furnished 

y must be more th«iri mad- I "With horsea hy the saul Brown, on i>hicb 

.o Mks thing to etTect for the , journey he was absent uImjoi a turmight ; that 

\ ice. That he, Layer, the next during his ab<ience, a report wrh current all 

over the town of BdlMia, arid particularly among 
the comeuts, that the «aid ship wa4 come to 
fetch over the di:ke of Oimond,** And Tho* 
mas Carter, one ol ttie sailors ot the said ship, 
who was employed hy (iatstead to wait on hiin 
as a serf ant, has deposed upon oath, ** That 
three days after the said NowelTj^ rHoin, the 
deponent heard lum projio^t to go lo the above- 
nauieil captain Arnold to carry the bte duke of 
Ormond and (bur other passenger!^ to England ; 
which the said i-aptain Aruofd rel using to do, 
the Stttd Now ell ius»Htcd, saying, tlie ship was 



,urd North and Grey, which was 

encampment of the troops, aa^uuint- 

ith what lord Orrery had suiil HbouL 

liie nistineM ot the design ; that loid North 

ttrtj ilrry replied^ lord Orrery was a timorous 

1 1 was always making dtfficuttie!!, and 

Jt of his own braiu; thai he knew 

I otdd know ; hut that it wa^ Ids 

opinion, the Pretender might he 

i y the people of England, without the 

( e of any Ibreign force. That he, 

' " ' to lord North and Grey of his 



general ^ but lot^ Nforlb said, bb so long as be |>aid the btre of ber^ aud the 



ssii 



9 GEORGE I. Proceedings againti Bishop Atierhuriff 



tracres sod \ ictuallinpf, and they had hi^h words 
upou it. Carter farther deposed, that Halstead 
receired a letter directed to colonel Nowell But- 
ler, ivhicb i«a8 the name the said Nowell ivent 
bv when be was in Spain. That when the 
ship was released, tbey plied off and ou about 
four hours off St. Andero, expectin(|^ somebody 
to come oir in a boat ; but uouoily comini^, and 
nijj^bt drawing: on, they made the best of their 
way to England, and arrived in the Downs the 
beginning of July last" Allison, who came 
OTer to Enfflaud a passenger in the said ship, 
bas de|M>sed upon oath, <* That he lefl Madnd 
on the 4tb of June, N. S. and that some time 
before be came away, the late duke of Orraoud, 
-who bad resided a considerable time at Madrid, 
iiad sent away bis horses and equipage from 
thence, and put his servants on board -waq^es, 
and that it was reported be was to go to Ven- 
tusilla. That be, Allison, upon his coming to 
Bilboa, found the ship Phineas bound for Eng- 
land, but stopt ; that he agreed to take his |)as- 
sage on board her ; and gomg to the corregidor 
of fiilboa for a pass, be found there Mr. Brown 
a merchant, and one who went by the name of 
Kowell; that Brown asking tne corregidor 
why the ship was stopt ? He said, it was not 
the ship, but Nowell's person that was detain- 
ed, bv orders from Madrid ; that he, Allison, 
heard a report at Bilboa, that the late duke of 
Ormond was on the coast in disguise, and that 
Nowell had been at Madrid, and come back 
again in 15 days; the expedition of which 
journey, and the ship's coming in ballast, had 
raised a suspicion in Bilboa, that Nowell came 
over to the late duke of Ormond, on account of 
the conspiracy. The sailors observed, that 
during Noweirs stay at Bilbua, brigadier Camp- 
bell (a person concerned in the Preston rebel- 
lion) was frequently on board with him, but did 
not care to own his name." The same parti- 
culars are confirmed by letters from sir An- 
thony Wescomb, who was sent to Simin to 
gain intelligence, with several other circum- 
stances relating to ships, arms and recruits, 
provided for the Pretender's service in Spain. 

During these transactions, colonel Stanhope, 
his majesty's ambassador at Madrid, who does 
not appear to hare known any thing of this 
ship's being come to Bilboa, having received 
intcllifircnce from other hands, that the duke of 
Ormond was preparing to set out for England 
with 8011)1* Irish uiHccrs, in order to put him- 
self at the hcud of the rebels, obtained orders 
from the court of Madrid, to hinder the late 
duke of Oiinond's embarkation, as will appear 
more fully in the remaining part of this Re- 
port. 

In consequence of ilipse orders, the king of 
Spsin's ofiircrs caine on board the ship, and 
laid au embargo u|>on her for about a fortnight, 
till Halstead,"finding himself disappainted of 
bis design, agreed that part of a cargo of wool 
and iron should be put on board the said ship 
bv Brown and Slingcr ; and then fetomed to 
England with one Maxwell, whom the ipsi>»i 
iiDderatooU to be a lelatioB of IIm I 



Marr's, and two other passengers, and a 
in the river about the 7th or 8tb of July 

About the beginning of May, a left 
intercepted here coming from Spain, d 
to Mons. Dnmville, procurcur, and in 
under cover to one Wilmore, at Mr. Si 
bookseller near Charing Cross. 'Who is 
by the name Dnmville, the committee hi 
been able to discover. 

In this letter was enclosed the copy of 
ter, which the committee have reason 
lieve was from the late duke of Orni< 
some persons abroad, the initial letters of 
name is discovereil by the decypberers to 

The letter to Dnmville, as well as th< 
of the late duke of Ormond's letter, wi 
partly in cypher ; and among the words 
cypher several fictitious names were ma 
of, which the committee observe is thi 
also in several others of the intercepted 
referred to them. 

It was reasonable to expect, that in m 
ing correspondences of so hazardous a i 
all sort of art and industry should be use 
all the help of cyphers and jarc^n called 
disgfuise the real designs, and to couce 
true names of the persons concerned, in 
to their avoiding the danger of legal con vi 
but your committee likewise ol^rve, tb 
vera! of these disguises are so groa» an 
vious, that they only serve to betrav 
selves ; others of tbem are explamed I 
skill of difTerent decypherers, agreeing 
same explication ; which explication is 
confirmed by facts unknown to those p 
at the time of the decypheriug. Othe 
explained by cyphers and lists of dc 
names, seized on the conspirators them! 
as well as by comparing toe several pa 
their correspondence together; ana i 
again by direct informations upon 
And, as the degrees of evidence, in a f 
of this nature, must be various, the comi 
have taken all the care they can to distin 
what appears to them fully proved, from 
is sup^mrted by strong and probable conje 
only. 

In this letter to Dumville, dated the 2 
April 1722, (N. S.) mention is made of i 
ing publicly known in Spain, by letten 
Bilboa and other parts, '* That a ship ca 
Bilboa, with an express to Ormond, in or 
bring Ormond to England ; that the sa 
press went to the place where Ormopd 
that this made so much noise, that it wi 
ccssar^ to send to England with all p( 
dispatch ; that a ship's coming with I 
only gave occasion to those reports, an 
in order to stifle them it was necessarjr 
in the ship g(K>ds for England ; that this < 
be a considerable expence to Tom, who I 
that friends will consider it, and send I 
pooriblea greater supply than the flv« 
sand ponndi that he wrote for in hk a 
dth and iOth of Aoril i thii* *>>« U 



tmd others f /or a Treoiomhle Conspiracy* 



A.D- IT^J. 



rsM 



nc mcBQiittre ore 

ami KLi, 



.1 



^ 



of ojviinon, tliat hv B. is 



•■.-. Hrowu htwi iwdvetliua- 
" ;!odv for Ihe service ofllic 
I . li is nlgo firoveil by the 
> ^il wail fieqiientJy id coin- 
Brown an J his nc^UtwSf and 
,ii his houtie, 
'^ kt n utL*ut hy Tom in the saiikletter, tbp 
QBafli#e will not tuke upan them to d^Her- 
■» ^ K ■ 'ifFe it n id appear probable 

»ci 1 the conncxiOQ ami other 

Oif^Biwmnc^^j iiiiii It luii^t [fiean ilie late duke 
i#(lnniMHl. 

TWnrrtnti that irrltes thts letter to Dum- 
Hk^mdm, •* Thnt since Blrs. Chaiimoot con- 
ft« Qif«t Ormoud at nuy pUce on the road, it 
kjitolul<fi% iifC«u«ry that Ormond should 
W »« gixxl a preparation of arms as cau be 
bit^cTc, Itrr to make it, be will waot 

mmtotuKi*^ J I lends/* 

tW mttM* [»«r»oti ftay^, that he bad that day 

mtm*^ m Ultfr» iai^u^rting^ *' That M 

\ gtl more arms it' ht^ had more money.*' 

eomrotttee are of opinion, that by M 

Ittfltttt 3It^gan, %^ho \t mentioned m sef«i-al 
intQ Spain, as in tend ant of the Pre 



and trrr 



thy ft teiiL 



r>d active in procunng' 
^ letters are cod firmed 
Revolution at Genoaf 
I ain 8cot*s letter iVom 
the chief care, trying 
: which is n^ahi con- 
1 Anthony Wescomb 



\ ibtt writes to Dimnville, farther 

, ** That Oifor>nd bopea Onslow and Ilair- 

[lif mil •rmf R [inrt of the money they have 

'imond j for Ormond upon 

,eni credit to M ; he 

lli.miiilc to mind ihis, and not to loie 



Wlii Mm meant by Onslovr snd Hawley, the 
CinDut urtermine ; but they are 
bdiete^ that they are tlie same per- 
ls at&otber letter, rocloi^ed to Wit , 
ftdcr, and writ in the same cypher, 
lUis decyphcrers to haire the luitial 



Vakr ir nanir- 


'^ C ami N ; iu 


r 


tlie naore confirmed. 


r 


r.iiplunkett, in which 


1 liariJT 


irr with G. are con- 


dr*f»^m 


ions on^ beginning* 


l^' 


• ingin the 


1 


c KiterN. 


1 


u. 


i '' 


I't^ ahoTe- mentioned, 


!»• 


*-r from the late 


I> 


^i»ju:ntto Ditm* 


; 


itnid men* 


^ 




^ 


uat bm had 



procured ten tliotisarid ariui, and ridrisies the 

joining sti>ck8 with II , since th<*y cannot 

linre too many arms ; and aay« he con only 
depend on two thous&od arms frotu M—*< — 
(Morgan probably); but thnt he could hira 
had mure anns, ii he had had more money. 

The committee observe, that thin account of 

lO.OOD arms [irocured by D , and of $,0(K> 

by M — -, oirrers exactly with an account «ent 
600& aftt;r from Mr* Stuubope at Madrid^ and 
confirmed by sir Anthony IVescomb, th&t lijOOO 
arms were lodge<l in the bands of Drown at 
Bilboa for ihe Pretender's service ; and thot 
Morgan was ordered to the Bay of Biscay, \m 
order to transport the t»aid arms to Et};;laud« 

The committee take notice likewise, that 
the very same number of arms is meuttoneil 
in a letter, writ, as tbey have good reason to 
believe^ by Georg^e Kelly, lo general Dillon's 
secretary ; and the arms are there spoken tif, 
as provided by ^Iansfield*s relations^ which 
name Georf^e' Kelly explained to Ncynoe t9 
mean the Ute duke of Onnond. 

The circumstance of Kelly's mentioning 
these arms to Dillon's secretary, makes it pru^ 
hable* that by D. in Oi'mond*s letter, is meant 
Iho said Dillon, who, as your committee are 
informed, is an Irish Roman Catholic, and 
quitted Ireland on the capitulation of Limerick, 
and is at present a lieutenant-general in the 
French service, and has the command of one 
of the Irish regiments in France; and he ap- 
pears to your committee, from several parts of 
the intercepted correspondence, to have the 
chief management of the Pretentler^s affairs, 
and to l>e the principal agent and director of 
carrying on this conspiracy. 

Ormond in his letter to L—^-* afterwards 
says, *^ That since the parliamcut is dead and 
gone, he thinks it will be a good time to make 
an eftbrt when the elector is gone to Hanover; 

and adds, I hope you have agreed with U 

the time of going'for £n;^Iand, and when that 

is fixed between Mrs Cbaumout, and D , 

you will let Ormond know the place of landing 
m England. I desire an express niav be sent 
to me, with particular accounts of what is 
agreed on." This, tlie committee take noliye, 
ogreea with Mr. Stanhope's intelligfoce, that 
Ormond was going for England, and likewise 
with intelligence aent from llome, that the 
Pretender was to embark, as noon as I wo offi- 
cers, relations of the late duke of Urmond« 
should arrive at Porto l^ingone ; which cir- 
cumstance makes it not improbable, that by 
Mrs. Chaumont may be meant the l*retendcr« 

la Che same letter to L , Ormond «ayf« 

** I have ordered II *s ship, that 1 de- 
pended on, to return to England ; it was not 
proper to make use of tt, tor reasons not ne* 
ce»(sary to trouble you with. There was ne 
* ' lecaus<.» ctf ' cr- 

j^vtitng t' ' 

linii l*k**"' .j.'^ f J Lin i."'lJ 

evidently rHatc^ to ! ' 
mentioning his cendifi;,^ 



Upon 
he im- 



4 



^ 



mv'hiirty adds, »* 1 have Of d*rtd H r'«<lkif 



•35J 



9 GEORGE L Proeeedingi agamti Bishop AUtrhir]/^ 



to come to A~- ;" which agreett exactly uitli 
Mr. Stanhope's account, that Mor^ao'a ships 
were ordered to the bay of Biai^a) , to traDS- 
port to Eoij^and the arms above- mentioned, 
togfetlier with Ormond, and what officers (*ould 
be got ; and it appears by subainiuent letters 
from sir Anthony Wescomb at BJlnoa, that the 
said ships, under the command at Mnr^ij, did 
put in at Sainto Andero, which the committee 
understand to be the niace meant by A—, to 

which Ormond says oe had ordered M 's 

ship to come. Tlie said ships'havingf put iu at 
Andero, ami staid there fiUeen days, is a£>:iin 
conGrmed by a letter from Genua, writ b^ 
captain Gardiner, who commanded the ship 
Revolution lately taken. 

Soon ailer this letter to Dumville, another 
was intercepted here coming from Spain, di- 
rected A Monsieur DodsworUi, not signed, en • 
closed under cover to Wilraore as the former, 
and writ in the same cypher ; the most ma- 
terial paragraph of which is thus explained by 
the decypherers. 

** I aaust again entreat you to use your ut- 
most endeavours, to get tlie 5,000/. from friends 

returned to O directly ; the hopes given 

by G to I'xpcct a ^reat sum, and by N , 

that he had raised 20,000/. induced O to 

supply M , and to make other necesNary 

provisions- If Uiat money be nut returned, it 

will fall heavy u[M)u O , and he will be 

disabled from answering the expectation of 
friends, therefore ought to be your first and 
greatest concern. All other actions are trifles 
in comparison of it ; for the hopes of success 

depend principally on O . I mentioueil 

thi^ in former letters, and friends are desired 
to return more than 5,000/. if possible. If they 
do, more arms and amnuinitinn, and officers 
can be had here ; and the end of raising money 
by friends, is to procure arms, am munition and 
offir^i-s." 

To whom these letters were writ does not 
appear ; but the committee observe tliat they 
are writ in the same cypher with three letters, 
which they have grounds to believe were from 
the bishop of l{;ocliester. They observe like- 
wise that the same cypher is sometimes made 
use of by George Kelly. 

Mr. Stukoe the bookseller being examined 
about Wilinore, under wiiuse cover these 
letters to Dumville and Dodsworth came en- 
closed, could give no other account of hini, 
but that he was one who once writ a letter tn 
hin shop, and desiretl him by a letter, (<ated 
Epsom the first of March, 1723. to take in 



committee of lords of the conpcil, dfid 
** That tbe first design in the sprinjf w 
have been executed in London by setsini 
Tower, and that the late duke of Onnoni 
then to have landed in the river ; but 
discovery of the plot, and the Idng's not | 
beyond sea, it was put offlbr some lime; 
the bishop of Rochester, lord Orreiji 
North, and sir Harry Goring, were the 
cipal leailers and directors of the whole da 
and that Watson (whom he took to be tfa 
earl marslial) had told him, lord Nortl 
Grey was thought of for the commtand." 

On the 29th of April, O. 8. inUdlii 
came from France, ** That the week i 
the late duke of Ormond had made ap| 
tioii to til e regent by a person of great 
tinction, for leave to pass through Fr 
under a pretence of going into Italy ; bnf 
the regent had absolutely refused him, a 
the same time had di<i*patched the nece 
orders to the fronticni of S])ain, to hiodei 
from passing either Ojieidy or in disguiaw.' 

On the 2ud of May, O S. sir LokeSd 
seiitaflvLce, *< That one I^icsley had becnii 
ing out for lodgings at Paris for the late i 
of Ormond ; and on the 9th, that aldei 
Barber carried with him bills of exchange 
50,000/. sterling for the Pretender; and 
the same sum wa^ si^nt to Ormond by anc 
hand, to %*\v:. ,\\.' hm) to m»kc the heoei 
preparations in Spain and Italy." The ( 
inittee obser\ e, that this agrees as to tb 
vision of the money, with a passage m 
ther letter from Dillon's secretary to Ge 
Kelly, dated the second of May, N. S. w 
will iie farther explained iu its proper plao 

On the 2drd ol May, O. S. air LukcScl 
sent ailvice, ^« That the late duke of Om 
was to s«H out from Aladrid about tlie 20i 
that month, with his family', without its b 
known whither he was going ; that it wai 
lievkd he would give out that be was goin 
settle at a certain distance from Madrid, 
whence he might steal away afterwards 
observed." 

On the 28th of May, O. S. Mr. Stan 
writes word from Madrid, ^* That having 
intelligence to be relied on, that the late < 
of Ormond intended speedily to pa^ into ] 
land, with a great number of Irish office 
that time in the service of his Catholic 
jcsiy, in order to put himself at the be 
the rebels there, and for tUai parpose w 
set out from Madrid the next day, uniler 
tence of ij[oing foi- the rest of tlie suiami 



1722, 
such French letters as should come directed to i V'-ittosilla, a house of the duke of Medina 
him; and by another letter, dated Harwich j half-way bet vie<*n Madrid and Bilboa, b 
the 14th of May, desired him id take in no | reality to be thereby reailier to pass to 
more ; that he, Sioko<>, did rect ive two letters i port, and with less suspit ion li emiiark 



from abroad so directeil, which were letche<l 
away, and paid for by persons to him un- 
known. 

That the late duke of Ormond was ex|»ected 
to head an insurrection in Engiaiii!, is faituer 
ConBrmed by the following particulars : 

Neynoct upon bis •Kaniaalion betore .a 



thence for Eugland, u heuever mattcn si 
be ripe for h.s so doing; >jt' made applie 
to his f?atiiolic majesty iiy the aian|ui 
Grimaldo, for orders to oe sent to all the 
of Siiain, to prevent tbe said late duka^ 
barking with tbe officers above-n — *^ 
and received a letter tram Iht , 



8S7] «nrf others^ Jbr a Treasonable Conaphacy. A. D* I7SS. 



tSSB 



(a copy of ithicb it annexed to Ibis | iioned, ti£. tbe bishop of Rocbester and lord 



1} meafoinijiag birO) that Ihe kio^ of 
Had directed tacb orders to be issued, 
ttd wiEi read J on all ooctsions, more particu* 
Itflj 0m tbb wbicb regarded tbe quiet and 
twlMmiai^ of bb BriUnnic ntajesty*s king- 
dm«, to oooirilHite all in bia power towards 
Ui amje^y*^ satiafaction." 

Aadrew' Pander, formerly captain-lieutenant 

«f krd Cobham^s dragooQi, bas deposed upon 

wik,'** That being g^rown intimately acquaint- 

«l wik 8keene (now to custodv) a person re- 

Iril/tO MaiT^ and en^raged in tbfi rebt^liuns of 

I nnd Glenshi'fld, Skeenc began to ac* 

bim, about June Ini^t, that there was a 

carrying^ on in England for plscluef the 

■ ~ OD tbe ibrone, of wbicb he at diffe- 

totd bim tht! follovring" parliculurs: 

or eight battalions oF Irish l'o<jt, double 

, were to have come over from Spain, 

were quartered upon the coast of Giilli- 

ttiat purpose ; ibat the nine Spanish 

ofv^mr which ha?e joined the Dutch, and 

~ lo have been fitted out at Barcekotia, 

at AticanU (ss he best remembered) 

. all sixteen Span is b men of war, were 

been employed in this service. That 

troops were to hate landed either in 

wall, or near Bristol: Thst there were 

«tand of arms in Great Brit:im, part in 

IcOllftodf other part in London, other part in 

Sriiltfli and other part in Cornwull. That there 

were 7 or 800 men, with ofEcers among them, 

m LsodoQ, iubsistet), and in readisiess for such 

•i oeeasion. That a sum of 200,000/. ha^l 

Im9 raised by contribution for carrying on this 

desiifi), snd put into the management of the 

IMap of Rochester, who with tlie lord North 

aid Grey were tbe leading men among them ; 

mtA Ibat tbe lord Strafford snd lord Kinoole 

kttfw Uie tbtog* Th^t the managers of this 

sJhir in Spain, were the late duke of Ormond 

■Mil ttie late earl marisbal ; and those in France 

tbtlaie lord Marr, and lieutenant genera! DiU 

tea. That tbe court of Spain was in their in* 

tcrest, but as to the regent and cardinal Du 

Boiit tbey ooutd not tell what to make of 

Ifcnii: Thai this design was to have been exe* 

«ned iome time af^, but was then disappointed 

1^ tlie regent : That the late duke of Ihmond, 

Wbi liir late earl marishal, were to bare cume 

villi cbe troops beforementioned from Spain, 

lad tlie Pretender about the same time was to 

Wre lefl Rome privately, and to have lain con- 

ailed somewhere near, from whence be woidd 

lire come over when there bad been a fair 

f»ss|iect of success. That as to any opposition 

tbty could expect, we had but 14,000 men in 

ill, of wbicb 3t000 vrere necessary to guard 

Jjodoo, 3,000 more for Scotland, and S^OOQ 

iir ibcfi^rrtsons ; so that the remainder wotdd 

isivor dnre to attack those who came from 

8p^n : and, in the confusion, their (meaning 

Icoder's) friends would have been able 

ipoi together, and made a bead. That 

aooduet ol' ibis afisir there passed little 

Ib trriting, and oolj tlie tear lords before i 

VOL. XVI. 



North and Grey principally, and lord Stra^bnl 
and lord Kinoule, were concerned in tbe ma» 
Digement of it here. Tliat the husioes» was 10 
have been done before tbe Dutch troopii could 
come to our asststunce.'^ 

The committee have laid these several parti* 
culars together, though of different dates, that 
the House may see at one view, ihe ifason 
there is to believe, that the late duke of Or- 
mond was to have landed in Englamt with otH^ 
cers and arms about the time Uiui it wasgme* 
rally supposfd his majesty intinjdcd lo go to 
Hanover, The reason of Ormondes nni com^ 
ing, is sufficiently explaint^d by the orders is- 
sued at Madrid and in Franre, by the king's 
not going abroad, and by the discoveries, 8nd 
disposition of the forces made in Enirland, 
And notice is taken, in letter!^ to one ot hi!* ma* 
jesty*s secretaries of state from Rome, that a 
person of great distinction at thai place, bad 
declared it as bis opinion, that the grand pro- 
ject formed in the conclave for placing the Pre- 
tender on tiie throne of Britain, was going to 
he put in execution ; but that the same person 
afterwards assigned four reasons for its baviu|f 
miscarried ; which were the xvant of money^ 
tbe suspected faith uf the regent, tbe want of 
skill in thoRe who were to coudiurt it, and tbo 
pUBillanimity of the Pretender, who, to avoid 
ba/ju'ding his own person, piO|i06ed to setid bhi 
child : which lost particular is again mealAoned 
in another letter from Rome. 

The committee now return to shew whtt 
other evidences they have before them, of m 
design laid for beginning au insurrecdoa ia 
London, at the time when it was supposed the 
king intended to go to Hanover. 

About tbe latter end of April, bis m^estv 
received intelligence from abroad, upotJ wbidb 
be can entirely depend, '^ That a design wis 
laid for bringing jn the Pretender, which mum 
thought to \S^ so welt concerted, and conducted 
by persons of such experience, that if the secret 
M-as but kept, as was proposed, the success wae 
looked upon as infiillihie ; and that it was to be 
put in execution uboiit the end of April, or be* 
Grinning of May," The original letter contain- 
mg this intelligence, has been commuDicated 
to your committee, and an extract of it is aa* 
nesced to this Report. 

On tbe S^tb of April, tbe same intelligence 
was repeated, with these farther particulars, 
** That tbe conspirators did no longer think tt 
iiecessary to insist on foreign assistance, flat* 
tering themselves that great part of the king*e 
own forces would declare in their favour. 
That they now contented tbemielva with de- 
siring tbe regent should observn i neutralitj 
between his majesty and the Pretender ; aud 
that lord Lansdowne was l^* preseot| or cause 
to be presented, a memorial to Ihe regent lo 
this enect, that day or the next. That the de< 
sign was probably to be executed in London | 
that the beginniiig of May was the time 6xed 
00 ; and that the FMeader wli» speedily to set 
oi>t for England.'' 



I 
I 



I 



939] 9 GEORGE L Proceedings againsi Bixhop AiierHurf^ 



[340 



' Your committee do not find that tbe above- 
mentioned memorial was presented to the re- 
gent ; but in letters tr«)m Plunkett to Dill(»n 
they find the same repeated id these words ; 
'* If the regent stands neuter, we will soon 
bring the law-suit to bear :" which Layer ex- 
plained to be the Pretender's cause. 

On the 24th of April, O. 8. Mr. Davenant, 
his majesty's minister in Italy, Kent an exprtfss 
from Rome, with advice, *' that the Pretender's 
adherents were making preparations in Cadiz, 
and other ports of Spain, for an attempt on 
£nt;lBnd ; that the Pretender was speediljr to 
embark at Porto Longone, and was retire<l 
from Rome for that purpose:" And it appears, 
that the same advice was soon after coiitinned 
to his majesty, by a foreign minister residing 
in England, who receive<l the intelligence Irum 
a person of great distinction abroad, and com- 
municated it to his majesty. 

On the 9th of May, Mr. Craufurd, his ma- 
jesty's resident at Paris, writes word, *' that 
the Jacobites in France expected soon an in- 
aurrectiuii in England, which was to be begun 
by the heads of their party here soon a(\er his 
majesty's setting out for Ilanover, and was to 
be supported by Irish officers and soldiers, who 
lay ready at Cadiz, besides such as should be 
able to pass over into England from France by 
stealth:" and in his letter of the 26th of May 
O. S. he adds, ** that the grountis of this ex- 
pectation were assurances given from England, 
that the conspirators would immeiliately make 
themselves masters of the Tower, and city of 
London." 

This intelligence agrees with a paper deli- 
Tcred to the secreuiries of state of July last, by 
one of the lords of his majesty's council, who, 
as they have certified, assured them that a per- 
son, whom he had good reason to believe to be 
deeply concerned in the conspiracy, came to 
him in the month of July, and brought him a 
paper, which he affirmed he had copied by 
stealth out of the scrutore of a noble loni, whom 
be refused to name ; and that the said person 
writ out a fair copy of the paper in his pre- 
sence, which contains minutes of resolutions 
taken at a consultation, and is in the following 
words : 

'* R. That the arms be dug up immediately, 
and dispersed in suiall uarcels. BeeininSuulU- 
warS, Wbitecbapel, napping, Holborn, and 
Smithfield. March into city. Possess the gates. 
Against the horse, barricades in the narrow 
streets, especially at both ends of Fleet -bridge, 
bhoe-lane, Fetter- lane and Chancery- lane. 
Possess St. Clement's church-^ard by a party 
from Holbori). A strong barncade in the nar- 
row part of that titreet. Line the two first 
stories. Bricks, stones, &c. may be useful in 
the upper rooms, and may be thrown by women 
and others unfit to liear^arms. Lighu'rs with 
ammunition under coals lie at Blackfriars and 
Milfocd-lane. No. depeudance or assistance 
from WestoriDSter and t